Smarter Sentencing Act of 2013

To focus limited Federal resources on the most serious offenders. 1. Short title This Act may be cited as the Smarter Sentencing Act of 2013 2. Applicability of statutory minimums Section 3553(f)(1) defendant point criminal history category for the defendant is not higher than category 2 3. Clarification of applicability of the Fair Sentencing Act (a) Definition of covered offense In this section, the term covered offense Public Law 111–220 (b) Defendants previously sentenced A court that imposed a sentence for a covered offense, may, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court, impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 (c) Limitations No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of the Fair Sentencing Act of 2010 ( Public Law 111–220 4. Sentencing modifications for certain drug offenses (a) Controlled Substances Act Section 401(b)(1) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1) (1) in subparagraph (A), in the flush text following clause (viii)— (A) by striking 10 years or more 5 years or more (B) by striking such person shall be sentenced to a term of imprisonment which may not be less than 20 years and such person shall be sentenced to a term of imprisonment which may not be less than 10 years and (2) in subparagraph (B), in the flush text following clause (viii)— (A) by striking 5 years 2 years (B) by striking not be less than 10 years not be less than 5 years (b) Controlled Substances Import and Export Act Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) (1) in paragraph (1), in the flush text following subparagraph (H)— (A) by striking not less than 10 years not less than 5 years (B) by striking such person shall be sentenced to a term of imprisonment of not less than 20 years such person shall be sentenced to a term of imprisonment of not less than 10 years (2) in paragraph (2), in the flush text following subparagraph (H)— (A) by striking 5 years 2 years (B) by striking 10 years 5 years 5. Directive to the Sentencing Commission (a) Directive to Sentencing Commission Pursuant to its authority under section 994(p) 21 U.S.C. 841 21 U.S.C. 960 (b) Considerations In carrying out this section, the United States Sentencing Commission shall consider— (1) the mandate of the United States Sentencing Commission, under section 994(g) minimize the likelihood that the Federal prison population will exceed the capacity of the Federal prisons (2) the findings and conclusions of the United States Sentencing Commission in its October 2011 report to Congress entitled, Mandatory Minimum Penalties in the Federal Criminal Justice System; (3) the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the United States Sentencing Commission; (4) the relevant public safety concerns involved in the considerations before the United States Sentencing Commission; (5) the intent of Congress that penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe; and (6) the need to reduce and prevent racial disparities in Federal sentencing. (c) Emergency authority The United States Sentencing Commission shall— (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. 6. Report by Attorney General Not later than 6 months after the date of enactment of this Act, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report outlining how the reduced expenditures on Federal corrections and the cost savings resulting from this Act will be used to help reduce overcrowding in the Federal Bureau of Prisons, help increase proper investment in law enforcement and crime prevention, and help reduce criminal recidivism, thereby increasing the effectiveness of Federal criminal justice spending.

Summary: Smarter Sentencing Act of 2013 - Amends the federal criminal code to direct the court to impose a sentence for specified controlled substance offenses without regard to any statutory minimum sentence if the court finds that the criminal history category for the defendant is not higher than category two. (Currently, the court may disregard the statutory minimum if the defendant does not have more than one criminal history point.) Authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed. Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances. Directs the Commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: (1) its mandate to formulate guidelines to minimize the likelihood that the federal prison population will exceed federal prison capacity, (2) fiscal implications of changes, (3) relevant public safety concerns, (4) the intent of Congress that penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe, and (5) the need to reduce and prevent racial disparities in sentencing. Requires the Attorney General to report on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding, increase investment in law enforcement and crime prevention, and reduce recidivism.