U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK)

Law Enforcement/Crime/Criminal Justice

Made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 would have done the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.