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March 9, 2021

Flagging federal criminal justice reform as great bipartisan legislative opportunity

Van Jones and Louis Reed have this great new CNN piece under the headlie "The one issue that could bring Democrats and Republicans together."  Here are excerpts:

Political commentators continue to wonder whether President Joe Biden can deliver on his promise of national unity and healing.  While his prospects for doing so seem increasingly limited, there is one area that offers some hope: criminal justice reform....

Biden has a unique opportunity to build on his predecessors' progress. To start, he can:

1. Increase funding for the First Step Act. Biden can build on the existing bipartisan consensus by allocating more money to the kinds of educational and job training programs prescribed in the First Step Act. One of the core features of this legislation is "earned time credits," which lets people shorten the length of their sentences by completing various programs.

Demand is high. There is a waiting list of more than 11,000 people even for basic literacy programs. Access to these kinds of programs has been diminished even further during the Covid-19 pandemic. However, it's worth the investment because increasing educational and job training, treatment, and compassionate release programs can significantly reduce the federal prison population and recidivism rates.

2. Fix federal supervision systems.  When people are released from federal custody, many enter an incredibly harsh supervised release system.  Due to laws requiring mandatory supervision sentences and mandatory prison time for noncriminal "violations," many people get saddled with years or even decades of invasive monitoring and additional time behind bars for things like missing a meeting.

Biden could push for smart bipartisan reforms like capping the amount of time people spend under supervision, preventing people from returning to prison for noncriminal violations and allowing people to get off supervision early based on good behavior and participation in educational programs.  Reforms like these are already winning favor in red states (like Louisiana), purple states (like Michigan) and blue states (like California).

3. Back existing bipartisan legislative efforts. There are some measures that already have support from both sides of the aisle. None are perfect; the legislative process would likely strengthen many of them.  But if Biden is looking for common ground issues, these measures offer him a great starting point:

  • Safer Detention Act....
  • Smarter Pretrial Detention for Drug Charges Act....
  • The Driving for Opportunity Act....
  • Reintroduce the Smarter Sentencing Act....
  • Reintroduce the Community First Pretrial Reform and Jail Decarceration Act.

March 9, 2021 at 09:30 PM | Permalink

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