The end of the year is approaching, and more importantly, the 117th Congress is nearing its end. This time of year is always a flurry of last-minute activity as lawmakers try to get major legislative priorities across the finish line before a new government is sworn in early next year.
It’s a familiar scenario for me. The First Step Act was passed at the last minute in December 2018, dramatically reforming our federal sentencing laws. An important part of that bill was the push to make it retroactive: the changes to crack cocaine offense sentences, for example, would not only affect those sentenced in the future, but also provide an opportunity for those currently incarcerated to receive the same benefits. As a result, I was given the opportunity to be released from my sentence early, and I’m now fighting to make sure others receive the same chance.
Congress can help us in this effort and continue working to reform our criminal justice system by passing the EQUAL Act, one of the bills vying to be passed in these waning days. This bill would further correct the disparity between crack and powder cocaine sentences, much like the First Step Act before it.
The crack and powder cocaine disparity remain of utmost importance to me because I was sentenced to a longer prison term than necessary because of it, and it clearly shows the unfairness of the judicial system. These two forms of the same drug should not be punished so differently.
Moreover, it is essential that any reform Congress takes up regarding this disparity be retroactive. In the same way that companies recall products when they discover a defect, Congress must give people in prison a chance to have their old, unfair sentences fixed when it repairs an unfair law.
Making a sentencing reform retroactive is not a get-out-of-jail-free card. The person in prison must first request a sentence adjustment in court, and the U.S. Attorney’s office can (and often does) oppose a sentence reduction.
The court alone can grant or deny a sentence reduction, but only after considering all the facts of the case and whether the person is a danger to the public. These motions have been brought, fought, and granted or denied thousands of times. All those involved in the court system are familiar with the process.
Making the EQUAL Act retroactive is only a chance to seek a new, fairer sentence — it is never a guarantee of a sentence reduction.
It does not end a person’s obligations, either. Those whose sentences are reduced still must serve years of supervised release. This supervision requires them to report to a probation officer and comply with conditions such as staying drug- and crime-free. If a person breaks the rules or commits a new crime, they can be sent back to prison.
Some might think letting people out early will increase crime, but the statistics show no difference in the reoffending rates between those released early because of crack sentencing reform and those who were forced to serve longer, unfair sentences. In other words, our misaligned crack sentences have required us to pay for long sentences that have not made us any safer.
Making the EQUAL Act retroactive sends the message that Congress cares about fairness and justice for all. After my release, I was invited to be a guest at the State of the Union in 2019 and received a standing ovation from members of the House and Senate in both parties. I was only there because the First Step Act gave me a second chance at life.
This Congress, which includes many of those same members who passed and applauded the First Step Act, has the opportunity to help thousands of people like me with the EQUAL Act. What a blessing it would be for these incarcerated men and women to receive new hope for a fairer sentence this holiday season. What joy it would bring to their families. I hope Congress does the right thing.
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Matthew Charles was the first recipient of the First Step Act. He now serves as the Tennessee State Director for FAMM.
