FAMM has compiled an easy-to-use briefing book to help Members of Congress and their staff members write, introduce, and support mandatory minimum sentencing reforms and safety valve reforms. Learn the basics about mandatory minimum sentences, find complete lists of them (scroll to the bottom), consider model legislative language, and read what law enforcement, prison officials, experts, advocates, judges, and other agencies have said about them.
FAMM is available to work and consult with staff and lawmakers on pending and proposed legislation. Contact Molly Gill, Vice President of Policy, at mgill@famm.org or 202-822-6700.
FAMM's Mandatory Minimum Briefing Book
Factsheet: Mandatory minimum sentencing laws in a nutshell
Factsheet: Safety valves in a nutshell
Factsheet: Alternatives to incarceration in a nutshell
Understanding a Basic Federal Drug Case Sentencing (understand how the guidelines, mandatory minimums, and safety valve work together at sentencing)
U.S. Sentencing Commission (USSC) Quick Facts: Who Receives Mandatory Minimum Sentences (July 2017)
Report: Correcting Course: Lessons from the 1970 Repeal of Mandatory Minimums (understand the history of our federal mandatory minimum drug sentencing laws)
Chart: All federal mandatory minimum sentences (as of Nov. 10, 2015)
Chart: Mandatory minimum drug sentences, 21 U.S.C. s. 841
Chart: Mandatory minimum drug sentences: Continuing criminal enterprise (CCE), 21 U.S.C. § 848
Chart: Mandatory minimum gun sentences: Use or carrying a gun, 18 U.S.C. § 924(c)
Chart: Mandatory minimum gun sentences: Armed Career Criminal Act, 18 U.S.C. § 924(e)
Exception #1 to Mandatory Minimum Sentences: The Safety Valve for Drug Offenses, 18 U.S.C. § 3553(f)
Exception #2 to Mandatory Minimum Sentences: Substantial Assistance, 18 U.S.C. § 3553(e)
The Federal Sentencing Statute: 18 U.S.C. § 3553(a)
Chart: Federal mandatory minimums passed, expanded, or increased by Congress between 2002-2012
Graph: Federal mandatory minimums passed, expanded, or increased by Congress between 1987-2012
Responding to Prosecutors: FAMM’s Response to Prosecutor Arguments Against Reform (July 2015)
Factsheet: Better Data = Better Sentences: Data to Request from the U.S. Sentencing Commission When New Mandatory Minimums Are Proposed — how to be smart on crime when introducing new sentencing legislation
Recent State-level Reforms to Mandatory Minimum Laws — is your state on the list?
Safety Valves in the States: Turning Off the Spigot: How Sentencing Safety Valves Can Help States Protect Public Safety and Save Money (March 2013) — see how states are giving judges discretion, without increasing crime
The Urban Institute report on cost-saving potential of mandatory minimum sentencing reform: Stemming the Tide (Nov. 2013) — see which policy changes will save the most
Reform Bills Introduced in the 115th Congress
Criminal Law Checklist for Federal Lawmakers
American Legislative Exchange Council’s Model Safety Valve Language
S. 353/H.R. 706, Justice Safety Valve Act (114th Congress) (creates broader safety valve exception)
S. 502/H.R. 920, Smarter Sentencing Act (114th Congress) (reduces drug mandatory minimums, expands existing safety valve)
H.R. 3489, Major Drug Trafficking Prosecution Act (114th Congress) (repeals drug mandatory minimums)
H.R. 1254, Recidivism Clarification Act (114th Congress) (corrects gun mandatory minimums)
Association of Prosecuting Attorneys: Letter supporting S. 1410/H.R. 3382, the Smarter Sentencing Act (113th Congress)
Former Prosecutors and Judges: Letter supporting S. 1410/H.R. 3382, the Smarter Sentencing Act (113th Congress)
National Task Force to End Sexual and Domestic Violence Against Women: Letter supporting S. 1410/H.R. 3382, the Smarter Sentencing Act (113th Congress)
International Union of Police Associations, AFL-CIO: Letter supporting S. 1410/H.R. 3382, the Smarter Sentencing Act (113th Congress)
Council of Prison Locals, AFGE: Letter from federal prison guards supporting S. 1410/H.R. 3382, the Smarter Sentencing Act (113th Congress)
American Federation of Government Employees, AFL-CIO: Letter from federal prison guards supporting S. 1410/H.R. 3382, the Smarter Sentencing Act (113th Congress)
American Correctional Association’s Resolution Supporting Mandatory Minimum Sentencing Reform
America Correctional Association’s Public Correctional Policy on Sentencing
Council of Prison Locals, American Federation of Government Employees, AFL-CIO, Statement to U.S. House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, supporting federal mandatory minimum sentencing reform (Sept. 19, 2013)
Charles Koch Institute Briefing: “Reaching the Tipping Point: The Future of Bipartisan Sentencing and Prison Reform” (Nov. 12, 2014)
Hearing: “Reevaluating the Effectiveness of Federal Mandatory Minimum Sentences,” before the U.S. Senate Committee on the Judiciary (Sept. 18, 2013)
Testimony of Brett Tolman, former U.S. Attorney for the District of Utah, before the U.S. Senate Committee on the Judiciary (Sept. 18, 2013)
Testimony of Marc Levin, Policy Director, Right on Crime Initiative of the Texas Public Policy Foundation, before the U.S. Senate Committee on the Judiciary (Sept. 18, 2013)
Statement of Judge Patti Saris, Chair, U.S. Sentencing Commission, submitted to the U.S. Senate Committee on the Judiciary (Sept. 18, 2013)
Statement of Julie Stewart, President, FAMM, submitted to the U.S. Senate Committee on the Judiciary (Sept. 18, 2013)
Testimony of Grover Norquist, President, Americans for Tax Reform (pp. 66-71), before the Subcommittee on Crime, Terrorism, and Homeland Security, U.S. House of Representatives Committee on the Judiciary (July 14, 2009)
Testimony of Erik Luna, Washington and Lee School of Law Alumni Faculty Fellow and Cato Institute Adjunct Scholar, before the U.S. Sentencing Commission (May 27, 2010)
Prepared Statement of David A. Keene, Chairman, American Conservative Union (pp. 117-119), submitted to the Subcommittee on Crime, Terrorism and Homeland Security of the U.S. House of Representatives Committee on the Judiciary (July 14, 2009)
Testimony of former Judge Paul Cassell, District of Utah, before the Subcommittee on Crime, Terrorism, and Homeland Security, U.S. House of Representatives Committee on the Judiciary (June 26, 2007)
U.S. Sentencing Commission Report to Congress: Mandatory Minimum Sentences for Drug Offenses in the Federal System (Nov. 2017)
Findings and Recommendations of the Chuck Colson Task Force on Federal Corrections (Jan. 2016)
Congressional Research Service Report: “The Federal Prison Population Buildup: Overview, Policy Changes, Issues, and Options” (Apr. 15, 2014)
National Academy of Sciences, 2014 Report: The Growth of Incarceration in the United States
U.S. Sentencing Commission, Report to Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System (Oct. 2011)
U.S. Sentencing Commission, Report to Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System (Aug. 1991)