Durbin, Grassley Introduce Criminal Justice Reform Bills

Durbin, Grassley Introduce Criminal Justice Reform Bills

As lead sponsors of the landmark First Step Act, Durbin and Grassley are working to continue to make our justice system fairer and our communities safer, including introducing new legislation to extend the First Step Act's annual reporting requirement by five years

WASHINGTON - Around the seventh anniversary of the First Step Act (FSA), U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, and U.S. Senator Chuck Grassley (R-IA), Chairman of the Senate Judiciary Committee, introduced four pieces of criminal justice reform legislation to further implement the FSA and advance its goals. Durbin and Grassley were the lead sponsors of the landmark First Step Act, which is 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 reenter society successfully. It was signed into law in December 2018. 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.

"Seven years ago, Congress came together to pass the most important criminal justice reform law in a generation. But as its name suggests, it was just the first step," Durbin said. "In order to keep making our justice system fairer and our communities safer, we must continue reforming our antiquated and outdated sentencing laws and providing opportunities for those who are incarcerated to prepare to reenter society successfully. I appreciate Senator Grassley's partnership in this important endeavor."

"Criminals must face just penalties, and our nation's criminal justice system should seek to prevent recidivism," Grassley said. "I'm committed to advancing efforts that will help reduce crime, improve our nation's justice system and safeguard American communities."

First Step Implementation Act

The bipartisan First Step Implementation Act of 2025 aims to further implement the FSA and advance its goals. The First Step Implementation Act would further the goals of the FSA by:

• Allowing courts to apply the FSA sentencing reform provisions to reduce sentences imposed prior to the enactment of the FSA;
• Broadening the safety valve provision to allow courts to sentence below a mandatory minimum for nonviolent controlled substance offenses, if the court finds the defendant's criminal history over-represents the seriousness of the defendant's criminal record and the likelihood of recidivism;
• Allowing courts to reduce sentences imposed on juvenile offenders who have served more than 20 years;
• Providing for the sealing or expungement of records of nonviolent juvenile offenses; and,
• Requiring the Attorney General to establish procedures ensuring that only accurate criminal records are shared for employment-related purposes.

The legislation is endorsed by the following organizations: American Civil Liberties Union, Brennan Center, Dream.org, Drug Policy Alliance, Due Process Institute, FAMM, Human Rights for Kids, Law Enforcement Leaders, National Association of Criminal Defense Lawyers, Prison Fellowship, and R Street Institute.

Bill text is available here.

Safer Detention Act

The bipartisan Safer Detention Act of 2025 would reauthorize and reform the now-expired Elderly Home Detention Pilot Program, clarify applicability of compassionate release from federal prisons, and implement other reforms, including:

• Clarifying that the percentage of time served required for the Elderly Home Detention Pilot Program should be calculated based on an inmate's sentence, including reductions for good conduct time credits;
• Expanding the eligibility criteria for the Elderly Home Detention Pilot Program to include nonviolent offenders who have served at least 50 percent of their terms of imprisonment;
• Clarifying that elderly nonviolent D.C. Code offenders in BOP custody are eligible for the Elderly Home Detention Pilot Program and that federal prisoners sentenced before November 1, 1987 are eligible for compassionate release; and,
• Subjecting elderly home detention eligibility decisions to judicial review (based on the First Step Act's compassionate release provision).

The legislation is endorsed by the following organizations: American Civil Liberties Union, Brennan Center, Dream.org, Drug Policy Alliance, Due Process Institute, FAMM, Law Enforcement Leaders, National Association of Criminal Defense Lawyers, Prison Fellowship, Sentencing Project, and Tzedek Association.

Bill text is available here.

Prohibiting Punishment of Acquitted Conduct Act

The bipartisan Prohibiting Punishment of Acquitted Conduct Act of 2025 would end the unjust practice of judges increasing sentences based on conduct for which a defendant has been acquitted by a jury. Our criminal justice system rests on the Fifth and Sixth Amendment guarantees of due process and the right to a jury trial for the criminally accused. These principles require the government to prove a defendant's guilt beyond a reasonable doubt to a jury. Under the Constitution, defendants may be convicted only for conduct proven beyond a reasonable doubt. However, at sentencing, courts may enhance sentences if they find, by the lower preponderance of the evidence standard, that a defendant committed other crimes. The difference in those standards of proof means that a sentencing court can effectively nullify a jury's verdict by considering acquitted conduct.

The Prohibiting Punishment of Acquitted Conduct Act would end this practice by:

• Amending 18 U.S.C. § 3661 to preclude a court of the United States from considering, except for purposes of mitigating a sentence, acquitted conduct at sentencing, and
• Defining "acquitted conduct" to include acts for which a person was criminally charged and adjudicated not guilty after trial in a Federal, State, Tribal, or Juvenile court, or acts underlying a criminal charge or juvenile information dismissed upon a motion for acquittal.

The legislation is endorsed by the following organizations: American Civil Liberties Union, Brennan Center, Dream.org, Drug Policy Alliance, Due Process Institute, FAMM, Human Rights for Kids, Innocence Project, Law Enforcement Leaders, National Association of Criminal Defense Lawyers, R Street Institute, and Sentencing Project.

Bill text is available here.

FSA Reporting Extension Act

The bipartisan FSA Reporting Extension Act would extend the FSA's annual reporting requirement by five years. The FSA requires the Attorney General to submit annual reports to Congress on the FSA's implementation and impact for five consecutive years starting two years after implementation. This information is crucial for Congressional oversight of the continued implementation and operation of the FSA. This simple legislation extends this reporting for the next five years.

Bill text is available here.

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