Over objections from older drug warriors, the GOP's younger generation — and even some of its elders — are working with Capitol Hill Democrats to shorten federal sentences, reduce populations in overcrowded federal prisons and even to count (and reconsider) the thousands of federal crimes on the books.

Among those leading the charge is Kentucky's junior senator, Rand PaulRandal (Rand) Howard PaulCongress must end American support for Saudi war in Yemen Black men get longer prison sentences than white men for same crimes: study Sarah Palin on sexual harassment: 'People know I'm probably packing' so they 'don't mess with me' MORE (R), seemingly a future presidential candidate. Over the past two years, with such diverse Senate voices as Ted CruzRafael (Ted) Edward CruzTexas Republicans slam White House over disaster relief request Dem rep: Trump disaster aid request is 'how you let America down again' Moore endorsements disappear from campaign website MORE (R-Texas), Elizabeth WarrenElizabeth Ann WarrenCordray's legacy of consumer protection worth defending Booker tries to find the right lane  Jones raised 0K a day after first Moore accusers came forward: report MORE (D-Mass.), Jeff FlakeJeffrey (Jeff) Lane FlakeSpokesman: Flake’s vote on tax reform will have nothing to do with Trump Trump slams Flake over hot-mic comments: Senator's career is 'toast' Bannon: McConnell 'picking up his game' because of our 'insurgent movement' MORE (R-Ariz.), and Cory BookerCory Anthony BookerBooker tries to find the right lane  Senate Democrats introduce bill to block Trump's refugee ban Overnight Regulation: Senate tax bill to include ObamaCare mandate repeal | Sessions sidesteps questions on WH influence on AT&T merger | Dems seek more transparency on student borrower rule MORE (D-N.J.), Paul has introduced or co-sponsored legislation that would 

  • Reduce mandatory minimum sentences; 
  • Expand judges' power to sentence defendants below mandatory minimum prison terms (the so-called "safety valve"); 
  • Equalize the punishments for crack and powder cocaine, and reduce certain low-level felony offenses to misdemeanors; 
  • Require a full count of federal criminal offenses; and 
  • Change the way criminal records are sealed or expunged, to help ex-offenders and those arrested but never convicted find jobs.

On the House side, similar bills have been co-sponsored by the usual Democrats, like Virginia's Bobby ScottRobert (Bobby) Cortez ScottOvernight Regulation: House passes bill to overturn joint-employer rule | Trump officials to allow work requirements for Medicaid | Lawmakers 'alarmed' by EPA's science board changes House passes bill to overturn controversial joint-employer ruling Bipartisan duo offer criminal justice reform legislation MORE and Michigan's John ConyersJohn James ConyersReport: Conyers settled wrongful dismissal complaint over 'sexual advances' Gun reformers search for the next bump stock Overnight Regulation: Senate tax bill to include ObamaCare mandate repeal | Sessions sidesteps questions on WH influence on AT&T merger | Dems seek more transparency on student borrower rule MORE. But in the 113th Congress, criminal justice reform has also enjoyed Republican sponsorships from the conservative likes of Spencer BachusSpencer Thomas BachusTrump bank nominee gets rough reception at confirmation hearing Overnight Finance: Breaking - GOP delays release of tax bill | Changes to 401(k)s, state and local taxes hold up bill | Trump aims to sign tax legislation by Christmas | Hensarling to retire after term | Trump to repeal arbitration rule Senators, don't put Ex-Im Bank's fossil fuel financing back in business MORE (Ala.), Frank WolfFrank WolfTrump, global religious freedom needs US ambassador to lead Bottom Line 10 most expensive House races MORE (Va.), and Paul RyanPaul Davis RyanDem: Ex-lawmaker tried to pin me to elevator door and kiss me Two months later: Puerto Rico doesn’t have power, education or economy running again On Capitol Hill, few name names on sexual harassment MORE (Wis.).

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Not all Republicans support changes to federal sentencing laws. An elder generation made their political careers in the 1980s supporting the very laws now on the changing table.

Alabama Sen. Jeff SessionsJefferson (Jeff) Beauregard SessionsFederal judge rules Trump defunding sanctuary cities 'unconstitutional on its face' FBI informant gathered years of evidence on Russian push for US nuclear fuel deals, including Uranium One, memos show Alabama election has GOP racing against the clock MORE (R) served as a U.S. attorney throughout Reagan and George H.W. Bush's drug war. While he supported the Fair Sentencing Act of 2010 — a measure that reduced the suggested difference between crack and powder cocaine sentences from a 100-to-1 ratio, to 18-to-1 — Sessions staunchly opposed making that change apply to cases that began before its passage, including through presidential clemency. Iowa Sen. Chuck GrassleyCharles (Chuck) Ernest GrassleyFBI informant gathered years of evidence on Russian push for US nuclear fuel deals, including Uranium One, memos show Klobuchar taking over Franken's sexual assault bill Lawyer: Kushner is 'the hero' in campaign emails regarding Russia MORE (R) similarly opposes the Smarter Sentencing Act, believing that its mandatory minimum reductions "would put at risk our hard-won national drop in crime," and also "puts our national security at increased risk." On the Senate floor last month, Grassley said that "by slashing in half the mandatory minimum sentences for the local drug dealer down the block, the Smarter Sentencing Act also slashes in half the mandatory minimum sentences for members of the Taliban, al-Qaeda or Hezbollah who deal drugs to fund acts of terror."

This was once GOP orthodoxy: that long and often mandatory prison time was the path to reducing crime and protecting communities. Crime rates did go down after the 1980s' harsh sentencing reforms, although criminal justice experts suggest that longer prison terms were not the cause, but rather a coincidence that followed improved economic conditions and a natural shift to a different generation.

What these long prison terms undoubtedly did cause was an explosion of prison populations, mostly drug offenders who disproportionately came from minority communities. The United States now incarcerates more of its population than any other nation in the world, and its prisons are chronically overcrowded as a result. Even with a number of new prisons and contracts with private prison corporations, the Federal Bureau of Prisons averages around 36 percent overcrowding, with "crowding" rates still worse in its medium- and high-security facilities (the very places where extreme overcrowding puts inmates and guards alike in the most danger). Combined with exponential growth in medical care costs — made necessary by the long prison terms meted out since the 1980s — American taxpayers now spend tens of billions of dollars per year on punishment, without providing the drug treatment and job-training programming proven to reduce re-offending rates.

Against this backdrop, a group of Republican stalwarts have also formed a group called Right on Crime. With support from the likes of anti-tax campaigner Grover Norquist, former U.S. Attorneys General Edwin Meese and Dick Thornburgh, former Virginia Attorney General Ken Cuccinelli and former House Speaker Newt Gingrich (Ga.), Right on Crime points to seven states that have reduced both prison costs and incarceration rates over the past 10 years. The group urges reduced costs of incarceration by reducing both numbers and length of prison sentences. It also seeks more programs in prison that are proven to reduce re-offense, like drug treatment. And it calls for smaller criminal codes, because "Criminal law should be reserved for conduct that is either blameworthy or threatens public safety, not wielded to grow government and undermine economic freedom."

With just weeks left in this Congress's working life, the GOP will not have to resolve its criminal justice conflicts before 2015. But as the presidential primaries get to speed, the veterans of the GOP's war on crime may have to reconcile not just with Democrats, but their own next generation calling for shorter, smarter criminal justice systems.

Hurst is an attorney based in Durham, N.C. He practices in federal courts across the country, concentrating in criminal sentencing, appeals, and habeas corpus matters.