Smarter Sentencing Act of 2026
Sponsored By: Senator Durbin, Richard J. [D-IL]
Introduced
Summary
Would reduce mandatory minimums for certain federal drug offenses and create a new "courier" category. It would also push the Sentencing Commission to rewrite guidelines quickly and require federal agencies to publish public indexes of criminal offenses.
Show full summary
- People convicted of covered drug offenses or labeled "couriers" would face lower mandatory minimums. For example, some minimums would fall from 10 years to 5 years.
- Defendants sentenced before or after enactment could be eligible to seek reduced terms, with courts to consider existing sentencing factors when deciding relief.
- The United States Sentencing Commission would have 120 days to update guidelines and policy statements to align with the bill, and agencies must publish searchable indexes of criminal statutory and regulatory offenses within 2 years.
Your PRIA Score
Personalized for You
How does this bill affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
Lower drug minimums and relief
If enacted, the bill would lower several federal drug mandatory minimum prison terms. For one group minimums would fall from 10+ years to 5+ years and from 15 years to 10 years. For another group minimums would fall from 5 years to 2 years and a 10-year floor would become 5 years. The bill would apply the new penalties to any sentence imposed after enactment, even if the offense happened earlier. People sentenced before enactment for covered offenses would be able to seek reduced sentences by motion from the defendant, the Bureau of Prisons, the government, or by the court itself, and judges would have to consider the usual sentencing factors first.
Fast review of federal drug guidelines
If enacted, the U.S. Sentencing Commission would have to review and amend federal drug sentencing guidelines to match the bill. The Commission would use emergency authority and complete any changes not later than 120 days after enactment. It would have to consider prison capacity, public safety, fiscal effects, and racial sentencing disparities when revising guidelines.
Public online index of federal crimes
If enacted, the Attorney General and many federal agencies would have to list all federal criminal statutory offenses and criminal regulatory offenses. Within 1 year they would report each offense's elements, penalties, mens rea, and 15 years of prosecution or referral counts. Within 2 years they would publish a public, freely accessible index on DOJ and agency websites. The bill would also say these reporting and indexing rules do not themselves authorize new spending.
New courier role and penalties
If enacted, the bill would define a "courier" as someone whose role was limited to transporting or storing drugs or money. Couriers would face set minimum prison terms for certain import/export drug offenses. For one group of offenses the minimum would be 5 years to life, or 10 years to life if the person has a final prior serious drug or violent felony. For another group the minimum would be 2 years to life, or 5 years to life if the person has a final qualifying prior conviction.
Report on prison savings and use
If enacted, the Attorney General would have to report within 6 months on projected federal corrections savings from the bill. The report would explain how savings would be used to reduce Bureau of Prisons overcrowding, to increase investment in law enforcement and crime prevention, and to reduce recidivism.
Sponsors & CoSponsors
Sponsor
Durbin, Richard J. [D-IL]
IL • D
Cosponsors
Sen. Lee, Mike [R-UT]
UT • R
Sponsored 3/2/2026
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 3/2/2026
Sen. Schatz, Brian [D-HI]
HI • D
Sponsored 3/2/2026
Sen. King, Angus S., Jr. [I-ME]
ME • I
Sponsored 3/2/2026
Sen. Kaine, Tim [D-VA]
VA • D
Sponsored 3/2/2026
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 3/2/2026
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 3/2/2026
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 3/2/2026
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 3/2/2026
Roger Wicker
MS • R
Sponsored 3/2/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov