Durbin Celebrates Seventh Anniversary Of The First Step Act In Speech On Senate Floor

Durbin Celebrates Seventh Anniversary Of The First Step Act In Speech On Senate Floor

WASHINGTON - In a speech on the Senate floor, U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, celebrated the seventh anniversary of the First Step Act (FSA)-bipartisan criminal justice reform legislation designed to make our justice system fairer and our communities safer by reforming sentencing laws and providing opportunities for those who are incarcerated to prepare to re-enter society successfully. The First Step Act was signed into law by President Trump in December 2018, and was championed by Durbin and U.S. Senators Chuck Grassley (R-IA), Cory Booker (D-NJ), and Mike Lee (R-UT).

"This December marks the seventh anniversary of the passage of the First Step Act-the most significant reform to our criminal justice system in a generation. That victory was born out of years of bipartisan negotiations led by myself and my colleagues, Senator Cory Booker of New Jersey, Senator Chuck Grassley of Iowa, and Senator Mike Lee of Utah. The end result was-and continues to be-life-changing for the people who were impacted. The First Step Act delivered much-needed reforms to our outdated sentencing laws and provided opportunities for incarcerated Americans to safely reenter their communities. Those reforms have reduced populations in overcrowded prisons, reunited families, and revitalized the communities these men and women reenter as productive neighbors. And the evidence backs that up."

Durbin noted that the reforms made by the First Step Act have been tremendously successful. Of more than 40,000 people released under the law through January 2024, just under 10 percent have been rearrested compared to the Bureau of Prisons' overall recidivism rate of about 45 percent.

Durbin went on to share the story of Eugenia Jennings from Alton, Illinois, who sadly experienced the injustice of our antiquated sentencing laws firsthand. Eugenia was terribly abused as a child, and by age 15, she was addicted to crack cocaine. At age 23, then a mother of three, Eugenia was sentenced to more than 20 years in federal prison for selling less than 14 grams of the drug.

"In prison, she was a model for others. She took all the courses available to her, overcame her addiction, and talked to students about the dangers of drug addiction. Sadly, while she was incarcerated, she developed leukemia. I asked President Barack Obama, my former colleague in the Senate, to commute Eugenia's sentence, and he did just that… Eugenia was released just in time to see her oldest daughter graduate from high school. I cannot tell you the joy in her voice when she told me that. She passed away two years later, but her story has lived on-and served as a driving force behind my efforts to reform our federal drug sentencing laws. Eugenia's story led me to meet more individuals whose lives were forever altered by unfair sentencing laws-including Matthew Charles."

Durbin then shared the story of Matthew Charles who, like Eugenia, also had a difficult childhood, enduring both physical and verbal abuse. He joined the Army at age 18, but found himself still filled with anger and hurt-eventually turning to what he has called "wayward living" and selling drugs. Matthew received a state conviction and then a federal conviction. Because he had a prior conviction when he ended up in federal court, and because he had been selling crack rather than powder cocaine, Matthew received a 35-year sentence.

"While in prison, he worked as a GED tutor and a law library clerk, in addition to mentoring younger people. He helped other incarcerated individuals who could not read to understand their letters and court documents, and he drafted filings for them. In 21 years in prison, Matthew did not receive a single disciplinary infraction. After Matthew's conviction and sentence, Congress passed a law I wrote, called the Fair Sentencing Act, which reduced the disparity in sentencing between crack and powder cocaine offenses. But the law was not retroactive," Durbin said. "When Eugenia and Matthew were sentenced, the hands of their sentencing judges were tied-because Congress severely limited a judge's discretion to impose an individualized sentence and instead mandated overly-harsh one-size-fits-all penalties. The First Step Act took one giant step toward correcting that unfair system. Among other reforms, it made the Fair Sentencing Act retroactive. Matthew Charles was one of the first people released from prison after the First Step Act became law."

Durbin then spoke about a package of bipartisan bills he introduced this week with U.S. Senator Chuck Grassley (R-IA), Chairman of the Senate Judiciary Committee, to expand on the progress of the FSA. Durbin and Grassley reintroduced the First Step Implementation Act, the Safer Detention Act, and the Prohibiting Punishment of Acquitted Conduct Act. They also introduced new legislation to extend the FSA's annual reporting requirement by five years.

"But, as the name of the First Step Act suggests, it is just that-one first step. There is more to be done. To make our justice system fairer and our communities safer, we must continue reforming our sentencing laws in a smart way," Durbin said.

Durbin concluded, "The First Step Act's passage was a glimmer of bipartisanship in a political arena… and its success shows what we can accomplish on behalf of the American people when we put aside our differences and come to the table with reasonable approaches. We need evidence-backed solutions to reduce crime and make our communities safer. So, as we celebrate this anniversary, I will continue to work with my colleagues to reform outdated sentencing laws. Let's rekindle that spirit of bipartisanship and get something done in the Senate… Together, we can reduce crime, improve our justice system, and make our communities safer."

Video of Durbin's remarks on the Senate floor is available here.

Audio of Durbin's remarks on the Senate floor is available here.

Footage of Durbin's remarks on the Senate floor is available herefor TV Stations.

Durbin has long championed efforts to address inequities in our criminal justice system. Durbin was also the lead sponsor of the Fair Sentencing Act of 2010, bipartisan legislation signed into law by then-President Obama that reduced the unjust sentencing disparity between crack and powder cocaine and eliminated the mandatory minimum sentence for simple possession of crack cocaine.

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