« Brennan Center releases its latest (encouraging) accounting of crime in 2018 | Main | On cusp of enactment of FIRST STEP Act, a brief trip to the archives via the (not-so-)way back machine »

December 18, 2018

After rejection of contentious proposed amendments, FIRST STEP Act passed by Senate by vote of 87 to 12!!!!

In this post back in August I wondered "Could enhanced FIRST STEP Act get more than 90 votes in the Senate if even brought up for a vote?".  Well, it seems I was off by three votes, as tonight the the US Senate voted 87 to 12 to enact the FIRST STEP Act.  With a vote in the House scheduled for later this week, this bill should be on Prez Trump's  desk before the end of this week and law before Prez Trump heads down to Mar-a-Lago for the holidays.  This USA Today article, headlined "Senate passes First Step Act with push from criminal justice groups; bill goes to House," provides this account of today's historic developments:

Alex Gudich and the team from #cut50 weren’t taking any votes for granted. They spent Tuesday knocking on the doors of senators and urging them to support a criminal justice reform bill up for a vote, something they didn't know would happen that night.

"We knew that it would be a tough vote for many members on both sides," said Gudich, deputy director for the national advocacy group pushing to overhaul the nation’s criminal justice system. "We’re here at a very, very pivotal moment."

In a major step in that effort, the Senate voted 87 to 12 late Tuesday to approve the bipartisan "First Step Act" pushed by Sens. Chuck Grassley, R-Iowa, Dick Durbin, D-Ill., Mike Lee, R-Utah and Cory Booker, D-N.J. The bill must now go over to the House for a vote. President Donald Trump has supported the measure....

The Senate defeated amendments proposed by Republican Sens. Tom Cotton of Arkansas and John Kennedy of Louisiana that would have required the Bureau of Prisons to notify victims before a prisoner is released and tracked former offenders after they're released.

Several advocacy groups, including #cut50, and national civil rights groups, including the National Urban League, have been a part of a massive push to get the legislation passed. “It’s been a long time in raising the awareness of how the system of mass incarceration is so destructive and needs to be fixed and reformed,” said Marc Morial, president of the National Urban League. “There’s been a lot of groundwork that has been laid over the years.”

The groups have been working on criminal justice reforms for years, including under then-President Barack Obama, but supporters said the effort got a boost earlier this year with the help of Jared Kushner, President Donald Trump's son-in-law and senior adviser. “We were excited to see a breakthrough this year and a shift," Gudich said.

Gudich called the First Step Act “a compromise bill, but importantly it does not add any new mandatory minimum. There are no sentencing enhancements.” Some advocates, however, have complained the measure doesn’t go far enough. Morial said he would have wanted more provisions to deal with bail reforms and more support for reentry programs, but welcomes the effort. “If we could get a perfect comprehensive bill, we’d do it," he said. “This bill is also the product of some difficult political trade-offs. But it’s better to move this bill with all the things it does than to sit back and wait. We could end waiting another three to four years."

Lawmakers particularly praised the work and input of advocates and civil rights groups. “Formerly incarcerated individuals were incredibly important voices in urging the House to get something done meaningful on prison reform,’’ said New York Rep. Hakeem Jeffries, incoming House Democratic Caucus Chair, a key negotiator. “Nobody is more authoritative on the issue of the victimization that has taken place as a result of over criminalization as a result of the mass incarceration epidemic then those Americans who were directly impacted.”

Indeed, formerly incarcerated people from a host of groups, including #cut50, Prison Fellowship, the National Council for Incarcerated and Formerly Incarcerated Women and Girls, have lobbied Congress to support reforms. Civil and voting rights groups, including the NAACP and the ACLU, have also been key players along with a host of conservative groups. “We as conservatives share common goals,’’ Kevin Roberts, executive director of the Texas Public Policy Foundation, said during a press conference last week. “We want strong communities and institutions. We want those who have done wrong to be punished and then to seize their own redemption without state interference. Most of all we want safe neighborhoods.”

Morial applauded the passage of the First Step Act, but said more needs to be done. “This is something that we have to work on over time. This bill is a good bill, but this not going to be the last effort at criminal justice reform,’’ he said. “There’s already a lot of movement at the state level… This is a growing movement in America – the idea that we have to fix the system of mass incarceration.”

Some of the most recent of many prior related posts:

UPDATE: I just say that Prez Trump has already tweeted here about this significant legislative development, saying "This will keep our communities safer, and provide hope and a second chance, to those who earn it. In addition to everything else, billions of dollars will be saved. I look forward to signing this into law!"

December 18, 2018 at 09:13 PM | Permalink

Comments

I hate this version of the bill so much but it just shows what a dufus McConnell is and how the GOP is held hostage by social conservatives.

Posted by: Fat Bastard | Dec 18, 2018 9:33:38 PM

"...We want those who have done wrong to be punished and then to seize their own redemption without state interference. Most of all we want safe neighborhoods.”

I love the idea that someone can "seize their own redemption without state interference"! Perhaps we can do without the court-ordered therapy so many must endure.

As for the safe neighborhoods...yeah, safety is fine and dandy but it is far, FAR away from what we want "most of all."

Liberty, most of all.

Congrats to those who worked so hard to pass this bill. Now let's see how it all shakes out and who the winners and losers will be. That was a lot of carve-outs, after all. People incarcerated for crimes designated as "violent" (HR 6691, anyone?), people incarcerated for sex crimes...and their families. Reformers give us up far too easily.

I am totally willing to accept that we all win something, if that proves true.

Posted by: marie | Dec 19, 2018 1:11:19 PM

It's a good sign for compromise legislation when some on both sides are dissatisfied. The pendulum swung hard towards determinate sentcencing in the '80s and '90s. It's good to see a much more moderate swing in the other direction. So often, politics in this country overreacts, setting things up for the next swing back. This bill seems to have avoided that.

Additionally, I think it's good from a truth-in-advertising point of view that a 15% redution now actually means a 15% reduction. It's a step that will help some prisoners feel that the system, while tough, is fair.

Posted by: William Jockusch | Dec 19, 2018 11:00:14 PM

Professor Berman,

In future posts I would like to see your analysis the practical effect of this bill, like who is eligible for what benefits. Perhaps it might take some time because I think the BOP needs to adopt the law into their procedures which could take some time.

Posted by: Chris W | Dec 20, 2018 11:38:01 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB