prison cell, Creative Commons

Holder proposed for the early release of 5,500 federal prisoners (those who were not convicted of violent offenses) although 12,040 prisoners may be eligible, according to the U.S. Sentencing Commission.

The proposal is meant to retroactively apply a law Congress passed last year to those already serving their sentences. The Fair Sentencing Act of 2010 addressed the discrepancy between the harsh sentences for crack, instead of powder, cocaine offenses.

Prior to last year’s law, under the Anti-Drug Abuse Act of 1986, first-time offenders who possessed five or more grams of crack cocaine could serve up to 40 years in prison, while at least 500 grams of powder cocaine was needed for the same punishment.

The ratio was known as 100 to one because it took 100 times more powder cocaine to equal a crack cocaine offense.

Although crack and powder cocaine are the same drug, crack is a rock-like substance because it is mixed with ammonia or baking soda. Crack cocaine has long been known as an inner city drug with a majority of its users being black, while powder cocaine users are more likely to be white and affluent.

Of the prisoners who could be eligible under the proposal, 85.1 percent are black, according to the Sentencing Commission.

Speaking to the Sentencing Commission Wednesday, Holder called the old sentencing guidelines “inappropriate” and said the government has more work to do. The demographics of who uses crack versus powder cocaine has given the 100-to-one ratio for sentencing racial undertones.

“Although the Fair Sentencing Act is being successfully implemented nationwide,” Holder said, “achieving its central goals of promoting public safety and public trust—and ensuring a fair and effective criminal justice system—requires the retroactive application of its guideline amendment.”

The recommendation to retroactively apply the law received criticism from conservative members of Congress.

Rep. Lamar Smith (R-Texas) said the Obama administration is “more concerned with the well-being of criminals than with the safety of our communities,” according to the Los Angeles Times. Other Republican Congress members disapproved of the proposal.

However, the Fair Sentencing Act passed last year had bipartisan support. The Sentencing Commission will decide in the next few months and the reduced sentences will go into effect in Nov. 1 if approved.

In California, the proposal comes a few weeks after the U.S Supreme Court ordered the state to reduce its prison population by 32,000 inmates within two years to help remedy overcrowding.

To see a demographic chart of eligible inmates, click here.

Reach reporter Raquel Estupinan here.