100-643: The First Step Act , formally known as the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act , is a bipartisan criminal justice bill passed by the 115th U.S. Congress and signed by President Donald Trump in December 2018. The act enacted several changes in U.S. federal criminal law aimed at reforming federal prisons and sentencing laws in order to reduce recidivism , decreasing
200-471: A 5% lifetime conservative rating in 2020. During his first term as congressman, Durbin supported upholding existing restrictions on abortion and imposing new limitations, including supporting a Constitutional amendment that would have nullified Roe v. Wade . Beginning in his second Senate term, he reversed his position and has since voted to maintain access to abortion, including support for Medicaid funding of it, and opposed any limitation he considers
300-657: A S. 756—a substantively unrelated bill called the Save Our Seas Act, which was originally introduced by Senator Dan Sullivan [R-AK] on March 29, 2017—in order to solicit final amendments and bring the matter to a vote. (Due to this procedural move—known as "amendment in the nature of a substitute"—congressional records in various places reflect two wholly unrelated versions of S. 756 from the 115th Congress). Many Senators moved to submit amendments, among them Senators Tom Cotton [R-AR] and John Kennedy [R-LA]. They introduced controversial amendment 4109 to S. 756 to expand
400-602: A bachelor's degree or a higher degree; this was a historically high level of education for a United States Congress. In addition, 167 members of the House and 55 members of the Senate had law degrees. Only 18 members of Congress had no college education. Ethnic minorities in the 115th Congress consisted of 52 African American members , 45 Hispanic or Latino members , 18 Asian-American or Pacific Islander members , and two members of Native American ancestry . Women comprised 20.1% of
500-539: A correctional officer determines that the prisoner is a flight risk or poses serious harm to herself or the community, or if a healthcare professional concludes that use of restraints is consistent with medical safety, restraints must be used. However, they must be the least restrictive means possible to prevent escape. Title IV makes a variety of sentencing reforms. Section 401 amends the Controlled Substance Act (21 U.S.C. § 801 et seq.) to constrain
600-644: A country where they have fewer rights than their parents and grandparents." In July 2017, Durbin, Cory Booker , Elizabeth Warren , and Kamala Harris introduced the Dignity for Incarcerated Women Act, legislation implementing a ban on the shackling of pregnant women and mandating the Federal Bureau of Prisons to form superior visitation policies for parents along with providing parenting classes and health products such as tampons and pads . The bill also restricted prison employees from entering restrooms of
700-724: A firearm to another person temporarily for immediate self-defense. In March 2007, Durbin introduced the African Health Capacity Investment Act of 2007 to the Senate. The bill was designed so that over three years, the U.S. would supply over $ 600 million to help create safer medical facilities and working conditions, and to recruit and train doctors from all over North America. In December 2007, Durbin and two other senators co-sponsored Senator John Kerry 's Nondiscrimination in Travel and Immigration Act. In March 2007, he joined 32 other senators to co-sponsor
800-460: A gun was used in the commission of a "second or subsequent" conviction—was interpreted to permit the imposition of enhanced mandatory minimum sentences where a gun was used in a concurrently charged offense. The First Step Act clarified that gun enhancements can only be added where the defendant was previously (i.e. non-concurrently) convicted of a gun violation, so as to restrict sentencing enhancements to "true" repeat offenders. Section 404 applies
900-440: A hearing or vote. On September 18, 2008, Durbin attended a closed meeting with congressional leaders, then-Treasury Secretary Henry Paulson and Federal Reserve Chairman Ben Bernanke , and was urged to craft legislation to help financially troubled banks. That same day (trade effective the next day), Durbin sold mutual fund shares worth $ 42,696 and reinvested it all with Warren Buffett . On February 26, 2009, Durbin introduced
1000-586: A meatpacking plant. He earned a B.S. from the School of Foreign Service at Georgetown University in 1966. Durbin interned in Senator Paul Douglas 's office during his senior year in college, and worked on Douglas's unsuccessful 1966 reelection campaign. Durbin adopted the nickname "Dick", which he did not previously use, after Douglas mistakenly called him by that name. Durbin earned his J.D. from Georgetown University Law Center in 1969 and
1100-450: A possibly heated fight to succeed him between Durbin and Senator Chuck Schumer , who is well known for his fund-raising prowess. Reid's reelection rendered such speculation moot. Upon Reid's retirement announcement in 2015, Durbin, Reid, and Schumer were aligned in elevating Schumer to party leader and Durbin to retain the Whip position. In 2021, Durbin became Senate Majority Whip again for
SECTION 10
#17328020455511200-415: A practical or potential encroachment upon Roe . Durbin has maintained that this reversal came about due to personal reflection and his growing awareness of potentially harmful implications of his previous policy with respect to women facing dangerous pregnancies. He said, "I still oppose abortion and would try my best to convince any woman in my family to carry the baby to term. But I believe that ultimately
1300-784: A prisoner's primary residence, and time credits to reduce sentence length. However, time credit rewards are not available to all prisoners; 18 U.S.C. § 3632(d)(4)(D)—where Title I of the First Step Act was codified—details nearly 70 types of convictions that render an inmate ineligible to accrue time credits for successfully completing recidivism-reduction activities. Additionally, prisoners subject to "a final order of removal"—which renders an individual deportable—are also ineligible from receiving good time credit incentives. Those who participate in risk and needs assessment activities may be eligible for prerelease custody or supervised release as described in 18 U.S.C. 3624(g). This title also increases
1400-548: A reduction is consistent with the U.S. Sentencing Guidelines. Some inmates argue that risk of contracting COVID-19 in prison is an "extraordinary and compelling reason" justifying sentence modification pursuant to 18 U.S.C. § 3582(c)(1)(A)(i). In United States v. McCarthy , Judge Hall of the United States District Court of Connecticut agreed with an inmate, finding that a for a 65-year-old prisoner suffering from COPD, asthma, and other lung-related ailments,
1500-574: A revised version of S. 3649 as S. 3747, which preserved S. 3649's content and added an additional title reauthorizing and amending the Second Chance Act of 2007. In an unusual procedural move, and after reversing his statement that he would not proceed on a vote until 2019, the Senate Majority Leader Mitch McConnell [R-KY] on December 13, 2018, substituted the content of The First Step Act (S. 3747) into
1600-476: A sliding scale, regardless of the number of children they have." The legislation also supported universal access to high-quality preschool programs for all three- and four-year-olds. Additionally, it would have changed child care compensation and training to aid both teachers and caregivers. The bill was referred to the Senate Committee on Health, Education, Labor, and Pensions , where it did not receive
1700-806: A unanimous panel of the United States Court of Appeals for the Seventh Circuit including then-Judge Amy Coney Barrett , held that during resentencing under the Act, a previous sentence over double the United States Federal Sentencing Guidelines range could not simply be reimposed without explanation. In the Supreme Court case, Terry v. United States (2021), the Court decided unanimously that
1800-520: Is divided into six titles and codified at various parts of Titles 18, 21, and 34 of the United States Code , based on the subject of legislation. Title I directs the U.S. Attorney General to develop and publicly announce a risk and needs assessment system for all Federal Bureau of Prison inmates within 180 days of enactment, and to recommend evidence-based recidivism reduction activities. This risk and needs assessment system, once developed,
1900-494: Is sufficient and expanding. The American Coalition for Ethanol gave him a rating of 100%. American Airlines praised Durbin for arguing for the need to lower rising oil prices. Among Durbin's legislative causes are environmental protection, particularly the protection of the Arctic National Wildlife Refuge . The League of Conservation Voters gives him a rating of 89%. Sierra Club gives him
2000-509: Is the longest-serving Senate party whip in U.S. history. He is the dean of Illinois's congressional delegation . Durbin was born in East St. Louis, Illinois , to an Irish-American father, William Durbin, and a Lithuanian -born mother, Anna ( née Kutkin; Lithuanian: Ona Kutkaitė). He graduated from Assumption High School in East St. Louis in 1962. During his high school years he worked at
2100-462: Is to be used under the First Step Act to classify prisoner risk of recidivism, match prisoners with suitable recidivism reduction activities based on their classification, inform housing decisions so that prisoners in similar risk categories are grouped together, and create incentives for participation in and completion of recidivism-reduction activities. These incentives include increased access to phone privileges, transfer to penal institutions closer to
SECTION 20
#17328020455512200-512: Is typically substantially larger. In some instances, DOJ prosecutors are trying to "reincarcerate offenders already released under the First Step Act." Budget : Though the First Step Act authorizes Congress to appropriate $ 75 million per year between 2019 and 2023, only $ 14 million was explicitly earmarked for funding the legislation when President Trump released his 2020 budget priorities in March 2019. This lead First Step Act advocates to worry that
2300-604: The 2004 election , Durbin became the Democratic Whip in the 109th Congress . He became the first senator from Illinois to serve as a Senate Whip since Everett Dirksen in the late 1950s, and the fifth to serve in Senate leadership. Durbin served as assistant minority leader from 2005 to 2007, when the Democrats became the majority party in the Senate. He then assumed the role of assistant majority leader, or majority whip. In addition to his caucus duties, Durbin chairs
2400-562: The Early Treatment for HIV Act . Durbin is the chief proponent of the Development, Relief and Education for Alien Minors (DREAM) Act . The bill would provide certain students who entered or were brought to the nation illegally with the opportunity to earn conditional permanent residency if they arrived in the U.S. as children; graduated from a U.S. high school ; have been in the country continuously for at least five years before
2500-552: The Electronic Frontier Foundation , calling it censorship and stating that action could be taken against all users of sites on which only some users are uploading infringing material. Durbin sponsored the PROTECT IP Act . In July 2014, Americas PAC, a Political Action Committee designed to elect conservative Republicans, released a radio advertisement attacking Durbin's staff salaries. This
2600-479: The Fair Sentencing Act of 2010 —which, among other things, reduced the discrepancy between sentences for crack cocaine and powder cocaine convictions—retroactively. Under the First Step Act, prisoners who committed offenses "covered" by the Fair Sentencing Act are permitted to petition a court directly to reconsider their sentence (after certain administrative steps are satisfied). Prior to this law,
2700-550: The Fairness Doctrine ." In 2010, Durbin cosponsored and passed from committee the Combating Online Infringement and Counterfeits Act , a bill to combat media piracy by blacklisting websites. Many opposed to the bill argue that it violates First Amendment rights and promotes censorship. The announcement of the bill was followed by a wave of protest from digital rights activists, including
2800-665: The Justice Department to support the Stop Illegal Trafficking in Firearms Act, which would stop illegal state-to-state gun trafficking. In response to mass shootings , such as the Orlando nightclub shooting and Las Vegas shooting , Durbin has repeatedly called for expanded gun control laws, saying that Congress would be "complicit" in the shooting deaths of people if it did not act. After
2900-572: The Koch Foundation . After passage, the bill was referred to the Senate. However, the Senate did not ultimately vote on H.R. 5682, nor did it consider S. 2795—a companion bill to H.R. 5682 that was introduced in the Senate on May 7, 2018, by Senator John Cornyn [R-TX] and referred to the Senate Judiciary Committee. The Senate actually did not vote on criminal justice reform until December 2018 due to disagreement about
3000-847: The National Rifle Association of America for his consistent support for gun control . Durbin supports a national assault weapon ban. Durbin sent Attorney General Jeff Sessions a letter in May 2017 asking for support in expanding the Chicago Police Department 's violence prevention programs by expanding access to the Strategic Decision Support Centers and the National Integrated Ballistic Information Network . He also asked
3100-557: The Palestine Liberation Organization in the year before the election. Durbin was reelected six times, rarely facing substantial opposition, and winning more than 55% of the vote in each election except 1994. In 1996 , Durbin defeated Pat Quinn to become the Democratic nominee to replace the retiring Senator Paul Simon , a longtime friend. He faced Republican State Representative Al Salvi in
First Step Act - Misplaced Pages Continue
3200-607: The Second Chance Act of 2007 (Section 403); mandate the Bureau of Prisons to provide identification to returning citizens (Section 404); authorize new markets for Federal Prison Industries (Section 406); mandate de-escalation training for correctional officers and employees (Section 407); direct reporting on opioid treatment and abuse in prisons (Section 408); improve availability of feminine hygiene products in prison (Section 412); and other actions. After introduction,
3300-660: The Trump administration family separation policy . He argued it "is and was a cruel policy inconsistent with the bedrock values of the nation," adding someone "in this administration has to accept responsibility." Tyler Houlton, a DHS spokesman, replied on Twitter that "obstructionists in Congress should get to work". In July 2019, after reports that the Trump administration intended to end protections of spouses, parents and children of active-duty service members from deportation, Durbin
3400-664: The United States of America federal government, composed of the Senate and the House of Representatives . It met in Washington, D.C. , from January 3, 2017, to January 3, 2019, during the final weeks of Barack Obama's presidency and the first two years of Donald Trump's first presidency . The seats in the House were apportioned based on the 2010 United States census . The Republican Party retained their majority in both
3500-811: The senior United States senator from Illinois , a seat he has held since 1997. A member of the Democratic Party , Durbin is in his fifth Senate term and has served as the Senate Democratic whip since 2005 (the second-highest position in the Democratic leadership in the Senate) and as the Senate majority whip since 2021. He chairs the Senate Judiciary Committee , and led the Ketanji Brown Jackson Supreme Court nomination hearings. Durbin
3600-462: The 'extraordinary and compelling reasons' specified in the U.S. Sentencing Guidelines." In addition to differing on the merits of compassionate release petitions during the COVID-19 pandemic, federal courts are split as of May 2020 on the question of whether the administrative requirements of 18 U.S.C. § 3582(c)(1)(A)—which stipulate that an inmate may only move for compassionate release (1) "after
3700-477: The 117th Congress, as well as becoming chair of the Senate Judiciary Committee. This is the first time that the whip of either party has served as chair of this committee. In 2006, the National Journal rated Durbin as the most liberal U.S. senator. According to the 2019 Govtrack report card, he had the tenth-most left-leaning voting record in the Senate. The American Conservative Union gave him
3800-925: The Bureau of Prisons acted as the "gatekeeper" of prisoner petitions, and prisoners were not able to make motions to federal courts directly for back-end sentencing review. Title V reauthorizes the Second Chance Act of 2007 from 2019 to 2023. This reauthorization directs the Attorney General to make grants to state and local projects which support the successful reentry of juvenile and adult prisoner populations into their communities after incarceration—including projects which improve academic and vocational education for offenders during incarceration. Title VI includes more than ten miscellaneous provisions, including those that place prisoners as close as possible to (and no more than 500 miles away from) their primary residence where practicable (Section 601); encourage home confinement for low risk prisoners (Section 602); lower
3900-482: The Bureau of Prisons must ensure that federal prison directors provide employees a secure place to store firearms outside of the prison, or allow employees to store firearms in an authorized and approved vehicle lockbox. It also allows federal BOP employees to carry concealed firearms outside of the prison. Title III , codified at 18 U.S.C. § 4322, prohibits the use of restraints on prisoners during pregnancy, labor and postpartum recovery, subject to limited exceptions. If
4000-639: The COVID-19 pandemic, and must be complied with before federal courts can review the substance of the petitions. On March 7, 2019, Senator Cory Booker introduced the Next Step Act to build off the First Step Act. At a celebration designating April 2019 First Step Act Month, President Trump announced that the next criminal justice priority for his administration would be a Second Step Act focusing on easing employment barriers for formerly incarcerated people. The legislation would include an $ 88 million funding request for prisoner reentry programs. In June 2020,
4100-478: The Cotton-Kennedy amendments attempted to add crimes to the exclusion list that they had previously opposed. The Cotton-Kennedy Amendments were rejected in a 37–62 vote, and did not become a part of the bill. On December 18, 2018, the revised First Step Act passed the U.S. Senate as S. 756 on a bipartisan 87–12 vote. The House approved the bill with the Senate revisions on December 20, 2018 (358–36). The act
First Step Act - Misplaced Pages Continue
4200-712: The Crow's Mill Pub in Springfield's Toronto neighborhood , which he later described as a "crash course" in running a business. He ran for lieutenant governor in 1978 as the running mate of State Superintendent of Schools Michael Bakalis . They were defeated by Republican incumbents Jim Thompson and Dave O'Neal . Durbin then worked as an adjunct professor of medical law at the Southern Illinois University School of Medicine for five years while maintaining his law practice. In 1982, Durbin won
4300-769: The Democratic nomination for the 20th congressional district , which included Macon and most of Springfield. He scored a 1,400-vote victory, defeating 22-year incumbent Paul Findley , a U.S. Navy veteran, whose district lines had been substantially redrawn to remove rural farms and add economically depressed Macon. This replaced 35% of the voters and included more Democrats as part of the decennial redistricting . Durbin's campaign emphasized unemployment and financial difficulties facing farmers, and told voters that electing him would send "a message to Washington and to President Reagan that our economic policies are not working." Durbin benefited from donations by pro-Israel groups, especially AIPAC , that opposed Findley's advocacy on behalf of
4400-567: The Fairness for High-Skilled Immigrants Act, which aims to eliminate the per-country numerical limitation for all employment-based immigrants and to increase the per-country limitation for all family-sponsored immigrants from 7% to 15%. Durbin argued that bill S.386 would prioritize people of Indian and Chinese origin, who have been in the green card backlog for years, at the expense of future immigrants from other countries. After blocking S.386, he proposed his own bill, which would almost triple
4500-472: The First Step Act's amended compassionate release provisions at 18 U.S.C. § 3582(c)(1)(A) to get out of prison. These provisions permit a federal judge to modify an inmate's sentence by motion of the BOP or by motion of the inmate after the inmate exhausts administrative requirements if "extraordinary and compelling reasons" warrant reduction or if the inmate meets certain age and sentence criteria, and so long as such
4600-538: The First Step Act, and more than 2,000 inmates benefited from sentence reductions from the retroactive application of the Fair Sentencing Act of 2010. Additionally, nearly 350 people were approved for elderly home confinement and more than 100 received compassionate release sentence reductions. While many groups applauded those developments, both liberal and conservative critics suggest that the Trump administration's Department of Justice did not properly apply
4700-457: The First Step Act, as codified at 18 U.S.C. § 3621(h), also directs the Director of Bureau of Prisons to perform an initial risk and needs assessment of all federal prisoners within 180 days of the Attorney General's release of the risk and needs assessment system, and to begin expanding recidivism-reduction activities. Title II , as codified at 18 U.S.C. § 4050, stipulates that the Director of
4800-406: The First Step Act, assuring him of conservative support for the measure (including its sentencing provisions), and urging him to support it. Notable Republican lawmakers who opposed the bill included Senators Tom Cotton [R-AR], John Kennedy [R-LA], Ben Sasse [R-NE] and Lisa Murkowski [R-AK]. Twelve Republican senators in total voted against the First Step Act. Though Senator Ted Cruz [R-TX]
4900-536: The House and the Senate, and, with inauguration of Donald Trump on January 20, 2017, attained an overall federal government trifecta for the first time since the 109th Congress in 2005. Several political scientists described the legislative accomplishments of this Congress as modest, considering that both Congress and the presidency were under unified Republican Party control. Section contents: Senate : Majority (R) , Minority (D) • House : Majority (R) , Minority (D) The average age of members of
5000-467: The House of Representatives during the 115th Congress was 57.8 years, while the average age of U.S. senators was 61.8 years. The most common occupation of senators prior to being elected to their posts was law, followed by public service/politics and business. In the House of Representatives, business was the dominant prior occupation, followed by public service/politics and law. In the 115th Congress, 94.1% of House members and 100% of senators had attained
5100-530: The National Prisoner Statistics Program (Section 610); improve availability of feminine hygiene products in prison (Section 611); and prohibit the use of solitary confinement for federally-incarcerated juveniles, excepting certain circumstances (Section 613). Scope of Impact: Within the first year of enactment, more than 3,000 federal prisoners were released based on changes to the good-time credits calculation formula under
SECTION 50
#17328020455515200-672: The October 2017 Las Vegas shooting , Durbin was one of 24 senators to sign a letter to National Institutes of Health Director Francis Collins espousing the view that it was critical that the NIH "dedicate a portion of its resources to the public health consequences of gun violence" at a time when 93 Americans die per day from gun-related fatalities and noted that the Dickey Amendment did not prohibit objective, scientific inquiries into shooting death prevention. In January 2019, Durbin
5300-539: The PATTERN tool persist. On April 3, 2020, Attorney General William Barr issued a memo pursuant to § 12003(b)(2) of the CARES Act directing the BOP to review the sentences of all prisoners with COVID-19 risk factors and prioritize their transfer to home confinement, starting with the most at-risk facilities. Given the expanded eligibility for transfer to home confinement, many federal prisoners are trying to utilize
5400-496: The Protecting Consumers from Unreasonable Credit Rates Act of 2009, calling for a maximum annual interest rate cap of 36%, including all interest and fees. The bill was intended to put an end to predatory lending activities. In an April 27, 2009, interview with WJJG talk radio host Ray Hanania , Durbin said banks were responsible for the 2007–2008 financial crisis . He added that many of the banks responsible for
5500-480: The Senate prior to the vote encouraging bill passage and discouraging the Cotton-Kennedy amendments, Senator Dick Durbin [D-IL] explained that the notification requirements of the Cotton-Kennedy amendments duplicated already-existing notification and information-sharing provisions of the Crime Victim Rights Act while undesirably disallowing victims to opt out of notifications. He also suggested that
5600-634: The Springfield-based 20th congressional district . After serving seven House terms, Durbin was elected to the U.S. Senate in 1996 and reelected in 2002 , 2008 , 2014 , and 2020 . He has served as the Senate Democratic whip since 2005—under Harry Reid until 2017, and under Chuck Schumer since 2017. During that time, he had two stints as Senate majority whip (from 2007 to 2015, and since 2021), and two as minority whip (from 2005 to 2007 and from 2015 to 2021). As of 2024, Durbin
5700-547: The Subcommittee on Human Rights and the Subcommittee on Financial Services and General Government. In 2000, Democratic presidential nominee Al Gore reportedly considered asking Durbin to be his running mate for Vice President of the United States . Gore ultimately chose Connecticut Senator Joe Lieberman . When Majority Leader Harry Reid faced a difficult reelection fight in 2010, some pundits predicted
5800-516: The administrative requirements at 18 U.S.C. § 3582(c)(1)(A). However, the Court of Appeals for the Third Circuit in United States v. Raia and district courts around the country (such as S.D.N.Y in United States v. Roberts , N.D. Cal in United States v. Reid , E.D. Mich in United States v. Alam and E.D. Ky in United States v. Hofmeister ) have held that the administrative exhaustion requirements are not subject to equitable waiver even during
5900-542: The application of sentencing enhancements for defendants with prior drug felony convictions by redefining "serious drug felony" and "serious violent felony," to reduce the mandatory minimum sentence for a second violation from 20 years to 15 years, and to reduce the mandatory minimum sentence for a third violation from life to 25 years. It makes similar revisions to the Controlled Substance Import and Export Act at 21 U.S.C. § 960(b). Section 402 expands
6000-570: The bill was immediately referred to the House Committee on the Judiciary, and was subsequently voted out of committee—accompanied by a report—on a 25–5 vote on May 22, 2018. The House Committee's report highlighted Bureau of Prison data about recidivism, and warned of the fiscal and social costs of repeated arrest, conviction and incarceration. It also expressed concern with shrinking educational and vocational opportunities for inmates, given
6100-525: The bill's enactment; submit biometric data; pass a criminal background check; and complete two years toward a four-year degree from an accredited university or complete at least two years in the military within a five-year period. In 2013, the Immigrant Legal Resource Center presented Durbin with the inaugural Nancy Pelosi Award for Immigration & Civil Rights Policy for his leadership on this issue. On January 28, 2013, Durbin
SECTION 60
#17328020455516200-541: The bill's underfunding represented an attempt to "starve it to death". Transparency of risk and needs assessment system: In July 2019, the Department of Justice announced the creation of the risk and needs assessment tool mandated by the First Step Act legislation. Dubbed PATTERN ("Prisoner Assessment Tool Targeting Estimated Risk and Needs"), the tool is "designed to predict the likelihood of general and violent recidivism for all BOP inmates." The initial report detailed
6300-595: The bill, prison administrators would use the national risk and needs assessment system to classify a prisoner's risk of recidivism, to make decisions about which recidivism reduction programs might be appropriate for each individual, and to determine when a prisoner is prepared to transfer into prerelease custody. The draft legislation also included a number of other criminal justice reform provisions, including ones that permit Bureau of Prison (BOP) employees to store firearms in designated off-site firearms storage facility or vehicle lockbox and carry concealed weapons outside of
6400-413: The crisis "own the place", referring to the power the banking lobby wields on Capitol Hill. In January 2005, Durbin changed his longstanding position on sugar tariffs and price supports . After several years of voting to keep sugar quotas and price supports, he now favors abolishing the program. "The sugar program depended on congressmen like me from states that grew corn", Durbin said, referring to
6500-501: The dangers of tobacco, drugs, and alcohol . The amendment also required schools to warn students about tobacco and teach them how to resist peer pressure to smoke. In February 2008, Durbin called on Congress to support a measure that would allow the Food and Drug Administration to oversee the tobacco industry. The measure would require companies to disclose the contents of tobacco products, restrict advertising and promotions, and mandate
6600-458: The decision must be made by the woman, her doctor, her family, and her conscience." In September 2020, Durbin voted to confirm judges Stephen McGlynn and David W. Dugan , who have criticized Supreme Court rulings such as Roe , to lifetime appointments to the federal judiciary in Illinois. Durbin opposed the 2022 overturning of Roe v. Wade , saying, "millions of Americans are waking up in
6700-455: The defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant's behalf" or (2) "the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility"—are waivable. District Courts in the Second and Sixth Circuits (among others) have found the administrative requirements may be waived, such that
6800-592: The eligibility age and reduce to the time-served requirement for compassionate release, and broaden the prisoner population eligible for compassionate release to include terminally ill offenders (Section 603); mandate the Bureau of Prisons to provide identification to returning citizens (Section 604); authorize new markets for Federal Prison Industries (Section 605); mandate de-escalation training for correctional officers and employees (Section 606); direct reporting on opioid treatment and abuse in prisons (Section 607); direct data collection on various metrics for inclusion in
6900-431: The fact that, though they were formerly a single entity, the sugar market and the corn syrup market are now largely separate. In May 2006, Durbin campaigned to maintain a $ 0.54 per gallon tariff on imported ethanol . He justified the tariff by joining Barack Obama in stating that "ethanol imports are neither necessary nor a practical response to current gasoline prices", arguing instead that domestic ethanol production
7000-491: The federal inmate population , and maintaining public safety. An initial version of the First Step Act, H.R. 5682, was sponsored and introduced by Rep. Doug Collins [R-GA-9] on May 7, 2018. This draft primarily focused on recidivism reduction through the development of a risk and needs assessment system for all federal prisoners. The bill directed the U.S. Attorney General to develop this system along with evidence-based recidivism reduction programs for federal prisoners. Under
7100-534: The general election. Although the election had been expected to be competitive, Durbin benefited from Bill Clinton 's 18-point win in Illinois that year and defeated Salvi by 15 points. He was reelected in 2002 , 2008 , 2014 and 2020 , each time by at least 10 points. Durbin's committee assignments for the 118th Congress are as follows: In November 1998, Senate Minority Leader Tom Daschle appointed Durbin Assistant Democratic Whip. After
7200-480: The information provided by Americas PAC were checked and verified and that they would keep the ad on air. In 2019, Durbin and 34 other senators introduced the Child Care for Working Families Act. The bill was expected to create 770,000 new child care jobs and ensure families under 75% of the state median income would not pay for child care, with higher-earning families having to pay "their fair share for care on
7300-496: The last Congress, requiring re-election in 2020; and Class 3 began in this Congress, requiring re-election in 2022. All 435 seats were filled by the regular elections on November 8, 2016, or subsequent special elections thereafter. Section contents: Senate , House , Joint Dick Durbin Richard Joseph Durbin (born November 21, 1944) is an American lawyer and politician serving as
7400-453: The law, resulting in fewer prisoners enjoying the release and sentencing adjustment reforms than Congress intended. In many cases, Department of Justice prosecutors are opposing inmates' motions for sentence reduction under the First Step Act by arguing that the relevant drug quantity is not what the offender was convicted of possessing or trafficking, but the quantity that records suggest the offender possessed or trafficked. The latter figure
7500-593: The mechanics of the assessment tool and its implementation, and invited a 45-day comment period. The Leadership Conference on Civil and Human Rights , The Leadership Conference Education Fund, the American Civil Liberties Union , the Center on Race, Inequality, and the Law at NYU Law, The Justice Roundtable, Media Mobilizing Project, and Upturn replied in a joint letter to DOJ outlining concerns about
7600-405: The membership in the 115th Congress, which had 109 women and 326 men. This represented an increase of 21 women from the 114th Congress . Seven openly LGBT members served in the 115th Congress. Tammy Baldwin , Jared Polis , Sean Patrick Maloney , Mark Takano , David Cicilline , and Mark Pocan are openly gay, while Kyrsten Sinema is openly bisexual. The majority of the 115th Congress
7700-509: The number of defendants who may be eligible for "safety valve" relief. Prior to the First Step Act, only defendants with one "criminal history point" could receive sentences below the mandatory minimums, but under the Act, defendants with up to four points (depending on the type of offense) may be eligible. Section 403 eliminates the "stacking" provision of 18 U.S.C. § 924(c). Prior to this legislation, 18 U.S.C. § 924(c)—which stipulated that an enhanced mandatory minimum sentence could be added when
7800-417: The number of employment-based green cards and eliminate country caps. Durbin agreed that his bill would not pass in the current administration and promised for a bipartisan agreement to pass S.386. In 1987, Durbin introduced major tobacco regulation legislation in the House. The bill banned cigarette smoking on airline flights of two hours or less. Representative C. W. Bill Young joined him in saying that
7900-409: The number of good-time credits per year—small sentenced reductions earned by prisoners for good behavior—from 47 to 54, which many believe was consistent with the original intent behind 18 U.S.C. § 3624(b)(1). Importantly, the law retroactively applies the good-time credits, making some prisoners immediately eligible for release based on accrual of seven additional good-time credits per year. Title I of
8000-516: The opposite sex except in pressing circumstances. In December 2018, Durbin voted for the First Step Act , legislation aimed at reducing recidivism rates among federal prisoners by expanding job training and other programs in addition to expanding early-release programs and modifying sentencing laws such as mandatory minimum sentences for nonviolent drug offenders, "to more equitably punish drug offenders." Durbin received an "F" grade from
8100-518: The prison (Section 202); prohibit the use of restraints on prisoners during pregnancy, labor and postpartum recovery, except where a health care provider determines otherwise or where the prisoner is an unreasonable flight risk or public safety threat (Section 301); place prisoners as close as possible to (and no more than 500 miles away from) their primary residence where practicable (Section 401); expand compassionate release (also "reduction in sentencing" or "RIS") for terminally ill patients and reauthorize
8200-440: The prisoner need not exhaust all appeal rights or wait 30 days after requesting that the warden petition a federal court for sentence review in order to directly seek relief. For example, in United States v. Scparta , S.D.N.Y. District Judge Nathan found that a 55-year-old petitioner ailing from high blood pressure, high cholesterol, sleep apnea, and hypertension was entitled to compassionate release even though he failed to exhaust
8300-428: The proven potential of those activities to reduce criminogenic tendencies. The bill passed the House of Representatives by a 360–59 vote the same day, with remarks from many congressional members, including Rep. Jerry Nadler [D-NY-10], who acknowledged that though the bill did not include sentencing reform as some would have liked, it was an "important first step" that was able to unify groups as divergent as #cut50 and
8400-405: The removal of harmful ingredients from tobacco products. It would also prohibit tobacco companies from using terms like "low risk," "light," and "mild" on the packaging. Durbin attributes his stance against tobacco smoking to his father, who smoked two packs of cigarettes a day and died of lung cancer. In 2007, speaking as Senate Majority Whip, Durbin said on record that "It's time to reinstitute
8500-418: The resentencing provisions of Section 404, applying to changes in the 2010 Fair Sentencing Act, only apply to possession crimes that carried mandatory minimum sentences (tier 1 and 2 charges, both which were evoked on carrying minimum quantities of crack cocaine), and not tier 3 possession crimes. 115th United States Congress The 115th United States Congress was a meeting of the legislative branch of
8600-527: The rights of smokers to smoke ends where their smoking affects other people's health and safety, such as on airplanes. The bill passed as part of the 1988 transportation spending bill. In 1989, Congress banned cigarette smoking on all domestic airline flights. In March 1994, Durbin proposed an amendment to the Improving America's Schools Act that required schools receiving federal drug prevention money to teach elementary and secondary students about
8700-423: The risk of infection from COVID-19 in prison was an "extraordinary and compelling reason" to justify his release from BOP custody, subject to post-release supervision conditions. However, not all courts have held that people with conditions "such as hypertension, heart disease, lung disease, or diabetes, which might make them more likely to suffer from serious complications if they were to contract COVID-19 meet any of
8800-728: The scope of the First Step Act. Without the inclusion of meaningful sentence reform akin to the measures proposed in the Sentencing Reform and Corrections Act of 2015 , many Senate Democrats were unwilling to support it. After months of intense brokering in the Senate, Senator Chuck Grassley [R-IA] introduced a version of bill (S. 3649) on November 15, 2018, that incorporated the correctional reforms from S. 2795/H.R. 5682, added supplemental measures, and—importantly—included new sentencing reform provisions. It garnered more than 40 cosponsors. On December 12, Senator Grassley [R-IA], along with cosponsor Senator Dick Durbin [D-IL], introduced
8900-501: The transparency of PATTERN's algorithmic development, and its potential for exacerbating existing racial discrepancies in the criminal justice system. In January 2020, the DOJ announced that all BOP prisoners had undergone an initial risk and needs assessment with the PATTERN tool as required by the law, and that the Department was making changes to the PATTERN algorithm in response to feedback. However, allegations of racial algorithmic bias in
9000-465: The types of convictions that would render an inmate ineligible for good-time credits (the crime "exclusion list") and to require prison wardens to notify every crime victim of the release date of the inmate associated with their offense, among other information-sharing measures. They argued that these reforms were necessary to protect victims, but bill-backers viewed the move as a last-minute effort to derail months of consensus building. In his statement to
9100-775: Was a member of a bipartisan group of eight senators, the Gang of Eight , which announced principles for comprehensive immigration reform (CIR). In April 2018, Durbin was one of five senators to send acting director of Immigration and Customs Enforcement Thomas Homan a letter about standards the agency used to determine how to detain a pregnant woman, requesting that pregnant women not be held in custody except in extraordinary circumstances after reports "that ICE has failed to provide critical medical care to pregnant women in immigration detention—resulting in miscarriages and other negative health outcomes". In July 2018, Durbin said Homeland Security Secretary Kirstjen Nielsen should resign over
9200-653: Was admitted to the Illinois bar later that year. After graduating from law school, Durbin started a law practice in Springfield . He was legal counsel to Lieutenant Governor Paul Simon from 1969 to 1972, and then legal counsel to the Illinois State Senate Judiciary Committee from 1972 to 1982. Durbin was an unsuccessful Democratic candidate for the Illinois State Senate in 1976. From 1976 to 1981 he co-owned
9300-413: Was based on a Washington Times article that stated Durbin's female staff members made $ 11,000 less annually than his male staffers. In response, lawyers representing Durbin submitted a letter claiming the information in the ad was false and that the radio stations would be liable for airing the ad, with the possibility of losing their FCC license. The radio station stated the sources provided to back up
9400-508: Was born in East St. Louis, Illinois . He graduated from the School of Foreign Service and the Georgetown University Law Center . Working in state legal counsel throughout the 1970s, he made an unsuccessful run for lieutenant governor of Illinois in 1978. He later maintained a private law practice and co-owned a pub in Springfield . Durbin was elected to the U.S. House of Representatives in 1982 , representing
9500-745: Was initially skeptical of the legislation, intense lobbying by his son-in-law and senior adviser Jared Kushner eventually persuaded him to back the bill and push for a floor vote in 2018. Kushner's efforts included contacting the Murdoch family (who own Fox News) to encourage positive coverage, appearing on Fox , securing Vice President Mike Pence's support, scheduling policy time discussions with Trump, and arranging meetings with celebrities like Kanye West and Kim Kardashian and media players like Van Jones to lobby Trump. Prominent conservatives from political and advocacy backgrounds also wrote to President Donald Trump on August 22, 2018, addressing criticisms of
9600-411: Was one of 22 senators to sign a letter led by Tammy Duckworth arguing that the program allowed service members the ability "to fight for the United States overseas and not worry that their spouse, children, or parents will be deported while they are away" and that the program's termination would cause personal hardship for service members in combat. In October 2019, Durbin blocked the passage of S.386,
9700-585: Was one of 40 senators to introduce the Background Check Expansion Act, a bill that would require background checks for either the sale or transfer of all firearms including all unlicensed sellers. Exceptions to the bill's background check requirement included transfers between members of law enforcement, loaning firearms for either hunting or sporting events temporarily, providing firearms as gifts to members of one's immediate family, firearms transferred as part of an inheritance, or giving
9800-534: Was originally opposed to the legislation, he ultimately backed the bill after an amendment he drafted to expand the crime exclusion list was adopted. No Democratic congressional members voted against the First Step Act. However, some liberal commentators such as Roy L. Austin Jr., who worked on criminal justice in the Obama administration, criticized the act for not delivering more relief to more prisoners. The law as enacted
9900-554: Was religiously affiliated, with 90.7% identifying as Christians. Approximately half of the Christians were Protestant. Other religious faiths of congressmembers in the 115th Congress included Buddhism, Hinduism, Islam, and Judaism. The numbers refer to their Senate classes . All of the class 3 seats were contested in the November 2016 elections . Class 1 terms end with this Congress, requiring re-election in 2018; Class 2 began in
10000-509: Was signed by President Donald Trump on December 21, 2018, and became Public Law 115–391. Senators Chuck Grassley [R-IA], Dick Durbin [D-IL], Cory Booker [D-NJ], and Mike Lee [R-UT] championed the First Step Act in the Senate and built a bipartisan coalition to pass the legislation. In the House, Representatives Doug Collins [R-GA-9], Hakeem Jeffries [D-NY-8] and John Lewis [D-GA-5] promoted similar legislation, albeit without sentencing reform provisions. Though President Donald Trump
#550449