The Impact of Federal Crack Cocaine Sentencing Reform on Offender Recidivism

• In Event: Policy Decisions and Justice System Practices

Abstract

For many years, the United States Sentencing Commission has worked with legislative, executive and judicial branches to ensure that cocaine sentencing policy promotes the goals of the Sentencing Reform Act, including avoiding unwarranted sentencing disparity and promoting proportionate sentencing. In 2007, the Commission successfully submitted an amendment to Congress reducing crack cocaine guideline penalties and making the reduction retroactive for inmates sentenced under the previous penalty structure. Subsequently, the Commission conducted an impact evaluation and found that those benefitting from the sentence reduction had no greater recidivism rates than a matched group of crack cocaine offenders released before the sentence reduction took effect. Next, Congress passed the Fair Sentencing Act of 2010, further lowering penalties, and the Commission made this reduction retroactive in 2011 for those still incarcerated under the earlier guideline. The present evaluation discusses the impact of this 2011 retroactive reduction on offender recidivism, again comparing those receiving reductions to a matched comparison group. Again, lower penalties did not result in an increase in recidivism. The presentation illustrates the role of evaluation in informing sentencing policy.

Author

• Kim Steven Hunt, United States Sentencing Commission