North Carolina Senators Kandie Smith (D) and Natalie Murdock (D) introduced the Fair Sentencing Act today, a bill that would eliminate mandatory minimum sentences for certain criminal offenses.
Senate Bill 686 would provide judges with greater discretion in sentencing, particularly for firearm-related crimes, impaired driving offenses, and drug trafficking cases.
Under current North Carolina law, mandatory minimum sentences require judges to impose set prison terms for specific offenses, limiting the ability to consider mitigating circumstances. SB 686 would remove these mandatory minimums, allowing judges to tailor sentences based on individual case details.
The proposed law particularly targets drug-related offenses, where nonviolent offenders often face severe sentences with little judicial discretion. The bill also includes provisions allowing judges to impose lesser sentences if defendants meet certain conditions, such as completing substance abuse treatment programs or demonstrating a lack of prior felony convictions.
The Fair Sentencing Act comes amid a broader national debate on criminal justice reform. Advocates argue that mandatory minimums contribute to mass incarceration and disproportionately affect minority and low-income populations. Critics of the bill, however, say that eliminating mandatory sentences could reduce deterrence for serious crimes.
If passed, the bill would take effect on December 1, 2025, and apply to offenses committed on or after that date. The legislation now awaits committee assignment.
