Sen. Dick Durbin, D-Ill., the No. 2 Democrat in the Senate, said he looks forward to working on the issue with Holder and senators on both sides of the aisle who support change.
The impact of Holder’s initiative on mandatory minimum sentences could be significant, says Marc Mauer, executive director of the Sentencing Project, a nonprofit group involved in research and policy reform of the criminal justice system.
There are roughly 25,000 drug convictions in federal court each year and 45 percent of those are for lower-level offenses such as street level dealers and couriers and people who deliver drugs, said Mauer.
The unanswered question is how each of the 94 U.S. Attorneys offices around the country will implement changes, given the authority of prosecutors to exercise discretion in how they handle their criminal cases.
African-Americans and Hispanics likely would benefit the most from a change. African-Americans account for about 30 percent of federal drug convictions each year and Hispanics account for 40 percent, according to Mauer.
If state policymakers were to adopt similar policies, the impact of changes at the state level could be even broader, said Mauer. Currently, about 225,000 state prisoners are incarcerated for drug offenses, according to the U.S. Bureau of Justice Statistics. One national survey from 15 years ago by the Sentencing Project found that 58 percent of state drug offenders had no history of violence or high-level drug dealing.
“These proportions on state prisoners may have shifted somewhat since that time, but it’s still likely that a substantial proportion of state drug offenders fall into that category today,” said Mauer.
Federal prisons are operating at nearly 40 percent above capacity and hold more than 219,000 inmates — with almost half of them serving time for drug-related crimes and many of them with substance use disorders. In addition, 9 million to 10 million prisoners go through local jails each year. Holder praised state and local law enforcement officials for already instituting some of the types of changes Holder says must be made at the federal level.