Senator Cory Booker sets out "Restoring Justice Initiative" focused on providing clemency relief to thousands of federal offenders

As reported in major media pieces ranging from Fox News to the New York Times to Vox, Senator Cory Booker on Thursday unveiled a major policy proposal as part of his presidential campaign.  The proposal is set for in this extended Medium post, titled "RESTORING JUSTICE: Cory’s Plan to Extend Clemency to People Serving Excessive Sentences."  I recommend this posting in full for all the details, and here are a few highlights (with links from the original):

The Restoring Justice Initiative builds on Cory’s long record of working to reform the broken criminal justice system. Since his days on the Newark City Council and as mayor, Cory has been a relentless advocate for criminal justice reform, building unusual coalitions to make real change.

In the Senate, his work was a critical factor in passing the First Step Act  —  a law that is turning the tide against mass incarceration.  In addition, Cory has pushed for bold legislative reforms, such as the Marijuana Justice Act.

The power to grant clemency, however, is a broad power granted exclusively to the president by Article II of the Constitution without requiring action by Congress  —  a power that President Booker would use immediately to begin correcting some of the most egregious abuses of the failed War on Drugs.

On day one of his presidency, he will initiate a historic clemency process for an estimated 17,000-plus nonviolent drug offenders serving unjust and excessive sentences  —  representing the most sweeping clemency initiative in more than 150 years....

Under the Restoring Justice Initiative, three broad classes of individuals serving sentences in federal prisons would be immediately considered for clemency.  Cory would use the power granted by the Pardon Clause of Article II of the Constitution to issue commutations for broad classes of individuals currently serving sentences for nonviolent drug offenses widely viewed as unduly harsh and rooted in racist and misguided federal policy.

Individuals serving sentences for marijuana-related offenses...

All told, as of 2012, the most recent year for which data is publicly available, 11,533 individuals are currently incarcerated in federal prisons for marijuana-related offenses.

Individuals serving sentences that would have been reduced under the First Step Act, if all the bill’s sentencing provisions had been applied retroactively:

The bipartisan First Step Act, approved by an 87–12 vote in the Senate, reduced the minimum sentences required for certain drug offenses.  Minimum sentences reduced in the First Step Act included mandatory life sentences for a third drug offense (changed to a 25-year minimum sentence); 20-year mandatory minimum sentences for a second drug offense (reduced to 15 years); and fixes to the 924c “stacking” mechanism. However, these reforms were not made retroactive, meaning that someone sentenced on December 20, 2018 is serving more time than someone sentenced a day later (the date the bill was signed) for an identical offense.  As of October 2017, 3,816 individuals in this category would be eligible for a sentence reduction in accordance with the First Step Act through clemency.

Individuals currently incarcerated with unjust sentences due to the sentencing disparity between crack and powder cocaine:

The sentencing disparity between crack and powder cocaine is a key driver of the gap in incarceration rates between Black and white people. In recent years, we have seen progress righting this historic wrong. For example, the 2010 Fair Sentencing Act reduced the crack-to-powder disparity from 100:1 to 18:1, and the First Step Act made the change retroactive, leading to the release of more than one thousand people. A disparity in sentencing, however, still exists. This effort would eliminate entirely the disparity between crack and powder cocaine sentences retroactively, a reform that should have occurred decades ago.

On day one in office, Cory would sign an executive order initiating a clemency process for thousands of people currently serving unjust drug sentences. The EO would charge the Bureau of Prisons, the Defender Services Division of the U.S. Courts, and the United States Sentencing Commission with immediately identifying individuals within the classes cited above that meet the stated eligibility parameters for clemency. It would also enable individuals to self-identify and submit their names for consideration.

The initiative will also revamp and streamline the clemency process more broadly through the creation of an Executive Clemency Panel situated at the White House. For individuals granted clemency, a federal interagency council would make policy recommendations to the Administration and Congress to facilitate their successful reentry, including identifying job and training opportunities, investing in rehabilitation programs, and targeting evidence-based social services.

The bipartisan Executive Clemency Panel would be comprised of advisors representing diverse sets of expertise to expeditiously process all cases.  While the process would operate with a presumption of a recommendation of clemency, the panel would closely review cases and prison history and decline to forward recommendations for individuals who may pose a threat to public safety.  For individuals granted clemency, a federal interagency council would make policy recommendations to the Administration and Congress to facilitate their successful reentry, including identifying job and training opportunities and targeting evidence-based social services.

The panel would also give a special presumption for release for those that are 50 years of age or older and have served lengthy sentences  —  as all evidence suggests that people typically age out of crime and are far less likely to recidivate.  Cory would also appoint a senior official in the White House to advise him on criminal justice issues, charged with advancing a proactive reform agenda.

Sounds pretty darn good to me!

Prior recent related post:

• Senator (and Prez candidate) Cory Booker introduces "Next Step Act of 2019" with wide array of sentencing and criminal justice reforms