,,ii #aaeth ,,congress #ast ,session ,s4 #abeb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #be1 #bjag,mr4 ,paul 7for himself and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to reclassify certain low-level felonies as misdemeanors1 to eliminate the increased penalties for cocaine offenses where the cocaine involved is cocaine base1 to reinvest in our communities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reclassification to ,ensure ,smarter and ,equal ,treatment ,act of #bjag or the ,,reset ,act4 #b4 ,reclassification of low-level felonies 7a7 ,in general ,part ,d of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda et seq47 is amended-- 7#a7 in section #djd7;a7 7#ba ,u4,s4,c4 #hdd7;a77-- 7,a7 in the fourth sentence-- 7i7 by striking #b years and inserting #a year2 7ii7 by striking #b1ejj and inserting #a1jjj2 7iii7 by striking #c years and inserting #a year2 and 7iv7 by striking #e1jjj and inserting #a1jjj2 and 7,b7 by striking the fifth sentence and inserting the following3 ,notwithstanding any penalty provided in this subsection1 any person who commits an offense under this subsection for the possession of a date rape drug 7as defined in section #dja7;g77#b77 after a prior conviction under this title or title ,,iii1 or a prior conviction for any drug1 narcotic1 or chemical offense chargeable under the law of any ,state1 has become final1 shall be sentenced to a term of imprisonment for not less than #ae days but not more than #b years1 and shall be fined a minimum of #b1ejj and if any person commits such offense after #b or more prior convictions under this title or title ,,iii1 or #b or more prior convictions for any drug1 narcotic1 or chemical offense chargeable under the law of any ,state1 or a combination of #b or more such offenses have become final1 such person shall be sentenced to a term of imprisonment for not less than #ij days but not more than #c years1 and shall be fined a minimum of #e1jjj42 and 7#b7 in section #dbb7;b7 7#ba ,u4,s4,c4 #hfc7;b771 by striking three years and inserting #a year4 7b7 ,elimination of increased penalties for cocaine offenses where the cocaine involved is cocaine base 7#a7 ,controlled ,substances ,act ,the following provisions of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 are repealed3 7,a7 ,clause 7iii7 of section #dja7;b77#a77;,a74 7,b7 ,clause 7iii7 of section #dja7;b77#a77;,b74 7#b7 ,controlled ,substances ,import and ,export ,act ,the following provisions of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq47 are repealed3 7,a7 ,subparagraph 7,c7 of section #ajaj7;b77#a74 7,b7 ,subparagraph 7,c7 of section #ajaj7;b77#b74 #c4 ,weighing of controlled substances mixed with food products 7a7 ,in general ,part ,d of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda et seq47 is amended by adding at the end the following3 #dbd4 ,weighing of controlled substances mixed with food products ,in determining the weight of a controlled substance or mixture of controlled substances that is in compound with a food product for purposes of this title or title ,,iii1 the weight of the food product shall not be included4 4 7b7 ,technical and conforming amendment ,the table of contents for the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 is amended by inserting after the item relating to section #dbc the following3 ,sec4 #dbd4 ,weighing of controlled substances mixed with food products4 4 #d4 ,applicability to pending and past cases 7a7 ,pending cases ,this ,act1 and the amendments made by this ,act1 shall apply to any offense that was committed before the date of enactment of this ,act1 if a sentence for the offense has not been imposed as of such date of enactment4 7b7 ,past cases ,in the case of a defendant who1 before the date of enactment of this ,act1 was convicted of an offense for which the penalty is amended by this ,act and was sentenced to a term of imprisonment for the offense1 the sentencing court may1 on motion of the defendant or the ,director of the ,bureau of ,prisons1 or on its own motion1 reduce the term of imprisonment for the offense1 after considering the factors set forth in section #ceec7;a7 of title #ah1 ,united ,states ,code1 to the extent the factors are applicable1 if such a reduction is consistent with-- 7#a7 this ,act and the amendments made by this ,act2 and 7#b7 applicable policy statements issued by the ,united ,states ,sentencing ,commission4 #e4 ,emergency authority for ,united ,states ,sentencing ,commission 7a7 ,review and amendment ,as soon as practicable after the date of enactment of this ,act1 the ,united ,states ,sentencing ,commission1 pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 shall review and1 if appropriate1 amend the ,federal sentencing guidelines and policy statements applicable to any person convicted of an offense affected by section #b1 #c1 or #d4 7b7 ,authorization ,in carrying out subsection 7a71 the ,commission may amend the ,federal sentencing guidelines in accordance with the procedures set forth in section #ba7;a7 of the ,sentencing ,act of #aihg 7#bh ,u4,s4,c4 #iid note7 as though the authority under that section had not expired4 #f4 ,establishment of the ,safe ,neighborhoods and ,schools ,fund 7a7 ,establishment ,a fund to be known as the ,safe ,neighborhoods and ,schools ,fund is hereby created within the ,department of ,justice and is continuously appropriated without regard to fiscal year for carrying out the purposes of this chapter4 ,for purposes of the calculations required1 funds transferred to the ,safe ,neighborhoods and ,schools ,fund shall be considered general fund revenues which may be appropriated pursuant to ,article ,i4 7b7 ,funding ,appropriation 7#a7 ,in general ,on or before ,july #ca1 #bjah1 and on or before ,july #ca of each fiscal year thereafter1 the ,department of ,justice shall calculate the savings that accrued from the implementation of the act adding this chapter 7this act7 during the fiscal year ending ,june #cj1 as compared to the fiscal year preceding the enactment of this act4 ,in making the calculation required by this subdivision1 the ,department shall use actual data or best available estimates where actual data is not available4 ,the calculation shall be final and shall not be adjusted for any subsequent changes in the underlying data4 ,the ,department of ,justice shall certify the results of the calculation to ,congress no later than ,august #a of each fiscal year4 7#b7 ,transfer of funds ,before ,august #ae1 #bjah1 and before ,august #ae of each fiscal year thereafter1 the ,department shall transfer from the ,general ,fund to the ,safe ,neighborhoods and ,schools ,fund the total amount calculated4 ,funds transferred to the ,safe ,neighborhoods and ,schools ,fund shall be used exclusively for the purposes of this act and shall not be subject to appropriation or transfer by the ,legislature for any other purpose4 ,the funds in the ,safe ,neighborhoods and ,schools ,fund may be used without regard to fiscal year4 7c7 ,distribution of moneys from the ,safe ,neighborhoods and ,schools ,fund 7#a7 ,in general ,by ,august #ae of each fiscal year beginning in #bjah1 the ,controller shall disburse moneys deposited in the ,safe ,neighborhoods and ,schools ,fund as follows3 7,a7 ,fifteen percent to the ,department of ,education1 to administer a grant program to public agencies aimed at improving outcomes for public school pupils in kindergarten and grades #a to #ab1 inclusive1 by reducing truancy and supporting students who are at risk of dropping out of school or are victims of crime4 7,b7 ,ten percent to the ,federal ,crime ,victim ,assistance ,fund1 to make grants to trauma recovery centers to provide services to victims of crime pursuant to #db ,u4,s4 #aab4 7,c7 ,twenty-five percent to ,federal ,reentry_/,drug ,court programs operated by the ,u4,s4 ,district ,courts1 ,u4,s4 ,probation ,office1 ,federal ,public ,defender and ,u4,s4 ,attorney's ,office to administer a grant program to public agencies aimed at supporting mental health treatment1 substance abuse treatment1 and diversion programs for people in the criminal justice system1 with an emphasis on programs that reduce recidivism of people convicted of less serious crimes1 such as those covered by this measure1 and those who have substance abuse and mental health problems4 7,d7 ,fifty percent to the ,general ,treasury in order to pay down the national debt4 7#b7 ,limitation ,for each program set forth in paragraphs 7#a7 to 7#c71 inclusive1 of subdivision 7a71 the agency responsible for administering the programs shall not spend more than #e percent of the total funds it receives from the ,safe ,neighborhoods and ,schools ,fund on an annual basis for administrative costs4 7#c7 ,audit ,every #b years1 the ,department of ,justice shall conduct an audit of the grant programs operated by the agencies specified in paragraphs 7#a7 to 7#c71 inclusive1 of subdivision 7a7 to ensure the funds are disbursed and expended solely according to this chapter and shall report his or her findings to the relevant ,congressional committees4 7#d7 ,costs of program ,any costs incurred by the ,department of ,justice in connection with the administration of the ,safe ,neighborhoods and ,schools ,fund1 including the costs of the calculation and the audit required1 shall be deducted from the ,safe ,neighborhoods and ,schools ,fund before the funds are disbursed pursuant to subdivision 7a74 ,the funding established pursuant to this act shall be used to expand programs for public school pupils in kindergarten and grades #a to #ab1 inclusive1 victims of crime1 and mental health and substance abuse treatment and diversion programs for people in the criminal justice system4 ,these funds shall not be used to supplant existing ,state or local funds utilized for these purposes4 7#e7 ,prohibition ,agencies shall not be obligated to provide programs or levels of service described in this chapter above the level for which funding has been provided4