AS BIPARTISAN EQUAL ACT CLOSES IN ON 60-VOTE THRESHOLD, SENTENCING COMMISSION RELEASES DATA CONFIRMING EQUAL ACT IMPACT WOULD YIELD SIGNIFICANT TAXPAYER SAVINGS

Law enforcement leaders, conservative and progressive advocates see opportunity for more efficient, effective justice system  

(Washington, DC) – As momentum continues to build for the EQUAL Act, the United States Sentencing Commission (USSC) released estimates for the prison and sentencing impact of the legislation, showing immediate reduction of unnecessary incarceration and delivering significant cost savings that could be reinvested toward public safety. According to USSC analysis, the EQUAL Act could reduce sentences for more than 7,600 people currently in custody, provided they meet the safety requirements of a judicial review. The commission also estimates that nearly 800 people per year would receive a sentencing reduction, freeing up resources that could focus on true public safety threats. Despite the fact that crack and powder cocaine are pharmacologically identical, sentences for crack cocaine offenses are 18 times longer than for powder cocaine.  

According to new USSC estimates, eliminating that disparity would mean:   

• 827 people impacted by the unjustified disparity would receive a shorter sentence each year. The current average sentence for these individuals is 74 months; the estimated new average sentence would be 43 months.

• 7,787 people currently in custody would be eligible to seek a sentence reduction, and approximately 7,644 would receive a reduction of their current sentence. The average sentence for these individuals is 173 months; the estimated new average would be 100 months.

Each individual currently incarcerated for a crack offense would be required to petition a court for a sentence modification, allowing judges to make individual determinations whether a sentence reduction is warranted. A sentence modification is not guaranteed and would only be permitted after careful consideration of the facts of the case.  

These estimates show the EQUAL Act could help reduce the federal prison population, which saw a continuous decline under President Trump, but has risen steadily under President Biden. Between 2017 and 2020, the Bureau of Prisons population decreased by 36,308; between 2020 and 2021, the population rose by nearly 5,000.  

The USSC analysis reinforces what supporters of the EQUAL Act have long argued, that the bill would promote fairness and equity under law, help safely reduce unnecessary incarceration, and deliver significant cost-savings that could be reinvested in true public safety threats.  

The EQUAL Act has broad, and growing, support in the Senate, where Cynthia Lummis (R-WY) became the 13th co-sponsor last week, joining six of her GOP colleagues. The bill passed in the House with an overwhelming (and extremely rare) bipartisan vote of 361-66, with staunch conservatives Reps. Jim Jordan (R-OH) and Louie Gohmert (R-TX) voting in favor of the bill. 

Holly Harris, Executive Director of Justice Action Network:  
“This analysis from the Sentencing Commission shows the scale of the devastation of the War on Drugs and the life-changing potential of the EQUAL Act. Instead of spending millions each year on unnecessary incarceration for low-level, non-violent drug offenses, we can invest these savings in reducing violent crime and keeping our communities safer.” 

Laura Cooper, Executive Director of the Major Cities Chiefs Association: 

“Ensuring our criminal justice system is fair and equitable is a tenet the MCCA holds dear and one that every stakeholder should share. By eliminating the disparity between crack and powder cocaine, which has disproportionately impacted communities of color, we will be able to make tangible strides towards a more fair and just system. The MCCA encourages the Senate to pass this critical piece of legislation as quickly as possible.” 

Nelson Bunn, Executive Director of the National District Attorneys Association:  

“Prosecutors across the country have seen that eliminating this sentencing disparity results in improved community and law enforcement relationships, and does not increase violent crime. Today’s data shows that the EQUAL Act can replicate that success story, reduce unnecessary incarceration, and allow savings to be reinvested where they are needed most: in crime reduction and public safety.” 

Grover Norquist, President of Americans for Tax Reform: 

“The EQUAL Act can help reduce the staggering size and cost of our federal prison system without endangering public safety.” 

Kevin Ring, President of FAMM: 

“We have long believed that eliminating the crack disparity was a moral imperative. The Commission’s analysis makes clear it is also a fiscal and public safety priority. We are wasting millions on unnecessary and excessive prison terms, harming predominantly families and communities of color, instead of investing in programs and people that actually reduce crime.” 

Heather Rice-Minus, Senior Vice President of Advocacy and Church Mobilization of Prison Fellowship: 

“People of faith have long known that ending the disparity in federal cocaine disparities is the right thing to do. This new data helps us better understand the thousands of lives that would be impacted, and should motivate every Senator to vote to pass the EQUAL Act.”  

Jason Pye, Director of the Rule of Law of the Due Process Institute: 

"The U.S. Sentencing Commission's impact statement on the EQUAL Act is very welcome news. For far too long, Congress has kept harsher penalties in place for crack cocaine without any basis in science or other justification. This disparity has torn families and entire communities apart, particularly communities of color. The EQUAL Act would begin to heal our nation from the destructive and ineffective drug addiction policies of decades ago. This groundbreaking bipartisan legislation would also save money and allow resources to be put into programs and policies that actually enhance public safety. Continuing to delay justice for those families who have been impacted by the crack cocaine sentencing disparities is inexcusable. The Senate must pass the EQUAL Act and must do it now." 

Kandia Milton, Policy Director of Dream Corps JUSTICE: 

"The Sentencing Commission’s report confirms what we already know: the EQUAL Act is a historic opportunity to correct mistakes of the past by restoring thousands of families and making communities whole again. By reducing overly lengthy prison sentences, which do little to protect our neighborhoods, the EQUAL Act would save money that we could invest into programming that actually helps people get their lives back on track."    

This landmark legislation has support from groups across the political spectrum, including the National District Attorneys Association, Americans for Tax Reform, Association of Prosecuting Attorneys, Prison Fellowship, Due Process Institute, Americans for Prosperity, FAMM, Catholic Prison Ministries Coalition, Digital Liberty, Faith and Freedom Coalition, ALEC Action, R Street Institute, National Association for Public Defense, American Civil Liberties Union, Sentencing Project, Fair Trials, FreedomWorks, Center for American Progress, Drug Policy Alliance, Jesuit Conference, Black Public Defender Association, Dream Corps JUSTICE, Federal Public and Community Defenders, Innocence Project, National Association of Criminal Defense Lawyers, National Legal Aid & Defender Association, Taxpayers Protection Alliance, and Tzedek Association.