This Second Chances Month, Let’s Give More Folks A Chance at a Second Chance

By Daniel Landsman

Last week, President Biden declared April 2022 Second Chances Month — a practice that has taken place at the federal and state level since 2017. This important month is meant to bring attention to the barriers currently hindering people’s reentry to society after serving time in prison. The president’s proclamation touched on key issues impacting reentry such as job training, stable housing, and access to healthcare.

While these are undoubtedly critical issues in criminal justice reform, what was most interesting in the president’s proclamation was the acknowledgement that any discussion about second chances must include sentencing reform. In this year’s proclamation, President Biden noted, “My administration recognizes that making the criminal justice and juvenile justice systems more equitable, just, and effective requires a holistic approach. It requires eliminating exceedingly long sentences and mandatory minimums that keep people incarcerated longer than they should be.”

Mr. President, I couldn’t agree more! This is why FAMM continues to fight for the retroactive repeal of mandatory minimums and meaningful opportunities for people serving life and long sentences to seek relief. If we want to ensure people are given a fair second chance in America, we must end the practice of excessive and wasteful sentencing.

Thankfully, Congress and President Biden have ample opportunities to tackle this problem. The most immediate fix would be to pass and sign the EQUAL Act. The EQUAL Act would eliminate the baseless 18:1 sentencing disparity that currently exists between the crack and powder forms of cocaine. If enacted, over 7,000 people would get a jump start on their second chance through resentencing.

But why stop there? There are other important sentencing reform bills sitting in Congress that are ripe for the picking. The First Step Implementation Act, for example, would make the prospective sentencing reforms of the First Step Act retroactive, providing people serving lengthy mandatory minimums for certain drug offenses or excessive sentences due to the stacking of 924(c) firearm enhancements a meaningful opportunity for resentencing.

Finally, President Biden could solidify his commitment to meaningful second chances by making consistent use of his clemency powers. Despite thousands of clemency applications lying in wait, President Biden has not yet granted a single sentence commutation. This failure to utilize the executive clemency powers has been a great disappointment, particularly in light of the over 1,700 commutations granted during the Obama Administration.

It is important that in honoring this month, our president and governors across the country are recognizing the importance of second chances. But to truly honor the spirit of proclamation, we must ensure people have a legitimate shot at a second chance.

Visit famm.org/secondchances to learn how you can get involved.

Daniel Landsman is FAMM’s Deputy Director of State Policy.