1. EL RENO CORRECTIONAL INSTITUTION, 7/16/15

2. The White House @WhiteHouse The White House @WhiteHouse "Mass incarceration makes our entire country worse off, and we need to do something about it." — ‪ @POTUS ‪ snpy.tv/1CFx1rN 7:52 AM - 15 Jul 2015 ‪ @POTUS ‪ snpy.tv/1CFx1rN

3. A QUICK LOOK AT THE NUMBERS: 2.2 million: The number of prisoners in the U.S. -- which has quadrupled from only 500,000 in 1980. 25 percent: The share of the world's prisoners that are in the U.S., even though we're only home to 5 percent of the world's population. 60 percent: The share of U.S. prisoners that are either African American or Latino. "About one in every 35 African American men, one in every 88 Latino men is serving time right now," the President said. "Among white men, that number is one in 214." $80 billion: The amount we spend each year to keep people incarcerated in America. For $80 billion, we could: Provide universal preschool for every 3- year-old and 4-year-old in America Double the salary of every high school teacher in America Finance new roads, bridges, and airports; job training programs; research and development Eliminate tuition at every one of our public colleges and universities https://www.whitehouse.gov/blog/2015/07/15/president-obama-our-criminal-justice-system-isnt-smart-it-should-be

4. COMMON FEDERAL MM Drug Distribution: 21 U.S.C. 841(b)(1)(A) & (B); FSG § 2D1.1 - 1 KG+ heroin = 10 years; 100g+ = 5 years - 5 KG+ cocaine = 10 years; 500g+ = 5 years - 1,000 KG+ marijuana = 10 years; 100 KG+ = 5 years 18 U.S.C. 924(C); FSG § 2K2.4: Gun possession “during and in relation to” 5-, 7-, 10-, and 30-year mandatory minimum sentences for possessing, brandishing, or discharging a gun “during and in relation to any crime of violence or drug trafficking crime.” – Consecutive to underlying offense 18 USC § 2252(a)(1), (3); § 2G2.2: Child Pornography: Receipt or Distribution +Sexually Explicit: 5 years

5. FEDERAL SAFETY VALVE (for certain drug cases) 18 U.S.C. § 3553(F) (1)Not more than 1 criminal history point (1)No violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; (3) No death or serious bodily injury; (4) Not an organizer, leader, manager, or supervisor of others in the offense, and (5) Truthful information to the Government not later than at sentencing

6. “Substantial Assistance” SUBSTANTIAL ASSISTANCE: 18 U.S.C. § 3553(e) Limited Authority To Impose a Sentence Below a Statutory Minimum.— Upon motion of the Government, the court shall have the authority to impose a sentence below a level established by statute as a minimum sentence so as to reflect a defendant’s substantial assistance in the investigation or prosecution of another person who has committed an offense. Such sentence shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code. MORE ABOUT SUBSTANTIAL ASSISTANCE:  Applies to all federal crimes that carry mandatory minimum sentences (i.e., drugs, guns, child pornography, sexual assault crimes)  Allows federal offenders to be sentenced below the mandatory minimum if they cooperate with prosecutors and provide information that leads to the investigation or prosecution of others  The exception only applies if the prosecutor requests a sentence reduction in a motion to the court (i.e., the defendant and the court cannot make the request themselves) 18 U.S.C. 3553(e): Limited Authority To Impose a Sentence Below a Statutory Minimum if: “substantial assistance” - Applies to all federal crimes that carry mandatory minimum sentences (not just drug cases) - Substantial Assistance: provide information that leads to the investigation or prosecution of others - Requires a Government Motion (not defendant’s motion) Pre-sentencing Assistance: Section 5K1.1-motion Post-sentencing Assistance: Rule 35 motion (Generally, within one year)

7. PROBATION PROVISIONS 18 U.S. Code § 3561 – SENTENCES OF PROBATION (a)In General.—A defendant who has been found guilty of an offense may be sentenced to a term of probation unless— (1) the offense is a Class A or Class B felony and the defendant is an individual; (2) the offense is an offense for which probation has been expressly precluded; or (3) the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense that is not a petty offense.

8. GUIDELINE SECTION ON PROBATION §5B1.1. (a) Subject to the statutory restrictions in subsection (b) below, a sentence of probation is authorized if: (1) the applicable guideline range is in Zone A of the Sentencing Table; or (2) the applicable guideline range is in Zone B of the Sentencing Table and the court imposes a condition or combination of conditions requiring intermittent confinement, community confinement, or home detention (b) A sentence of probation may not be imposed in the event: (1) the offense of conviction is a Class A or B felony (2) the offense of conviction expressly precludes probation as a sentence (3) the defendant is sentenced at the same time to a sentence of imprisonment for the same or a different offense, 18 U.S.C. § 3561(a)(3).

9. GUIDELINES ARE NO LONGER MANDATORY Booker, 545 U.S. 220 (2005): Guidelines are advisory, not mandatory 18 U.S.C. 3553(a): (1)Nature and Circumstances of the Offense / History and Characteristics (2) The Need for the Sentence Imposed (3) The Kind of Sentences Available (4) The Kind of Sentences and Sentencing Range in the FSG (5) Any Pertinent Police Statement in FSGs (6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and (7) the need to provide restitution to any victims of the offense

10. S. 502 / H.R. 920, The Smarter Sentencing Act (introduced 2/12/15, still pending) Bi-Partisan Support – Sponsors: Sen. Mike Lee (R-UT) / Sen. Durbin (D-IL) https://www.govtrack.us/congress/bills/114/s502 (8% - prognosis) https://www.govtrack.us/congress/bills/114/s502 What the Bill Would Do: reduce certain 20-year, 10-year, and 5-year mandatory minimum drug sentences to 10, 5, and 2 years, respectively If passed, the bill will allow drug offenders who have 3 or fewer criminal history points under the guidelines to qualify for application of the safety valve

11. GOV. RAUNER’S EXEC. ORDER (2/11/15) The Illinois State Commission on Criminal Justice and Sentencing Reform WHEREAS, imprisonment is the State’s most expensive form of criminal punishment, with taxpayers spending $1.3 billion on the Department of Corrections and $131 million on the Department of Juvenile Justice each year; and WHEREAS, 97% of all inmates are eventually released from the custody of the Department of Corrections into the state’s most vulnerable and impoverished communities; and WHEREAS, recidivism is dangerously high, with 48% of the adult inmates and 53.5% of juveniles released from incarceration only to return within three years, perpetuating a vicious and costly cycle; and WHEREAS, the Illinois Sentencing Policy Advisory Council and the Illinois Criminal Justice Information Authority have demonstrated that Illinois’ prison population has increased by 700% while Illinois crime rates have fallen by 20% over the last 40 years; and WHEREAS, the Bureau of Justice Statistics recognizes that Illinois has one of the most crowded prison systems in the country, operating at more than 150% of its design capacity; and WHEREAS, the John Howard Association and other outside entities have demonstrated that the Department of Corrections is experiencing severe overcrowding, which threatens the safety of inmates and staff and undermines the Department’s rehabilitative efforts; and WHEREAS, the twin goals of sentencing in the State of Illinois, as stated in Article I, Section 11 of Illinois Constitution, are to prescribe penalties commensurate with the seriousness of the offense and to restore offenders to useful citizenship; and WHEREAS, states across the country have enacted bipartisan, data-driven, and evidence-based reforms that have reduced the use of incarceration and its costs while protecting and improving public safety; and WHEREAS, the Governor recognizes the necessity of data collection and analysis by state agencies in producing public safety outcomes that will reduce crime, reduce recidivism, and protect the citizens of Illinois; and WHEREAS, it is in the interest of public safety and public good for the State to examine the current criminal justice and sentencing policies, practices, and resource allocation in Illinois to develop comprehensive, evidence-based strategies to more effectively improve public safety outcomes and reduce Illinois’ prison population by 25% by 2025;

12. RECOMMEDATION NO. 6 Give judges the discretion to determine whether probation may be appropriate for the following offenses: a) Residential burglary; b) Class 2 felonies (second or subsequent); and c) Drug law violations. http://www.icjia.org/cjreform2015/pdf/CJSR%20Final %20Report%20Part%20I%201-4-2016.pdf The Illinois State Commission on Criminal Justice and Sentencing Reform 14 PROPOSALS

13. RECOMMENDATION NO. 7 Before an offender is sentenced to prison for a Class 3 or 4 felony, require that a judge explain at sentencing why incarceration is an appropriate sentence when: – a) The offender has no prior probation sentences; or – b) The offender has no prior convictions for a violent crime http://www.icjia.org/cjreform2015/pdf/CJSR%20Fin al%20Report%20Part%20I%201-4-2016.pdf

14. KEY IL SENTENCING STATUTE 730 ILCS 5/5-5-3 – Mandatory Minimums

15. GETTING OUT FROM MM IN STATE COURT PRELIMINARY HEARING (e.g., evidence of dealing?) CHARGE NEGOTIATION “TRY DOWNS”

16. STATUTORY PRESUMPTION OF PROBATION 730 ILCS 5/5-6-1(a) Except where specifically prohibited by other provisions of this Code, the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: (1)his imprisonment or periodic imprisonment is necessary for the protection of the public; or (2) probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice;

17. Special IL Probations TASC probation: 20 ILCS 301/40-5 First Offender drug probation under Section 10 of the Cannabis Control Act Section 410 of the Controlled Substance Act Section 70 of the Methamphetamine Control and Community Control Act Second Chance Probation: 730 ILCS 5/5-6-3.4 (drugs and theft) Mental Health Probation / Mental Health Court Not considered convictions and may be eligible for expungement or sealing

18. FACTORS IN MITIGATION & AGGRAVATION 730 ILCS 5/5-5-3.1 (Mitigation) 730 ILCS 5/5-5-3.2 (Aggravation)

19. PRE-SENTENCE REPORTS SENTENCING MEMORANDUMS