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Faux Pas Act Up for Senate Vote

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The bill titled the First Step Act is coming up for a vote in the Senate as early as the end of this week, Natalie Andrews reports for the WSJ. As I explained in this post in August, the version that passed the House would more appropriately have been called the Faux Pas Act. The Senate version is no better.

As explained in more detail in my July letter to Senator Cotton, the claim that this bill requires participation in "evidence-based" rehabilitation activities to earn credits is a shameless fraud. The definition of "evidence based" is so loose as to be wide open to junk science, and then on top of that the bill allows credits for "productive activities" in the alternative, which can be practically anything the Bureau of Prisons says.

The Senate version also includes some cutting back on mandatory sentencing provisions. I will leave commentary on that to others.

Paul Mirengoff has this post at PowerLine. See also Daniel Horowitz at Conservative Review.

From the WSJ story:
Senate Judiciary Committee Chairman Chuck Grassley (R., Iowa) said on Monday that the legislation had the support of about 30 Republicans. Sen. Dick Durbin (D., Ill.) has said the majority of the 49-member Democratic caucus supports the bill. It would need 60 votes to pass.

"It's extremely divisive inside the Senate Republican conference," Mr. McConnell said last week at the annual meeting of The Wall Street Journal CEO Council. "In fact, there are more members in my conference who are either against it or undecided than are for it."

The bill is expected to give judges more discretion in crafting sentences, depending on the defendant's criminal history, and could reduce mandatory minimum sentences for some drug-related offenses. The bill also would seek to retroactively reduce some penalties affected by the disparity in crack- and powder-cocaine sentencing, which was narrowed in a 2010 law.

Senators had raised alarm in recent days that if the bill wasn't passed before the end of the year, the new Democratic majority in the House would change the bill and make it harder to pass in the Republican-controlled Senate.

So did any of the alarmed Senators introduce amendments to the bill to fix any of its glaring flaws? Apparently not.

The majority leader's plan to take up the legislation came with a warning to senators: if they don't cooperate, they will see the coming recess vanish.

"Unless we approach all this work in a highly collaborative, productive way and take real advantage of unanimous consent to expedite proceedings, it is virtually certain that the Senate will need to be in session between Christmas and New Year's in order to complete this work," he said on the Senate floor.

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