[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 714 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 714

         To establish the National Criminal Justice Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2009

 Mr. Webb (for himself, Mr. Specter, Mr. Reid, Mr. Leahy, Mr. Durbin, 
Mr. Graham, Mr. Schumer, Mrs. Murray, Mr. Wyden, Mr. Brown, Mr. Warner, 
    Mrs. Gillibrand, Mr. Burris, Mr. Kennedy, Mr. Cardin, and Mrs. 
  McCaskill) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To establish the National Criminal Justice Commission.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Criminal Justice Commission 
Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States has the highest reported 
        incarceration rate in the world, imprisoning a higher 
        percentage of its population than any other country. The 
        American incarceration rate is five times the world's average 
        incarceration rate. A total of 2,380,000 people are in prison.
            (2) Although criminal justice laws and legal procedures 
        depend heavily on State and local law, and although a majority 
        of those imprisoned in the United States are held in non-
        Federal institutions, the conditions under which Americans are 
        incarcerated and the manner in which former inmates reenter 
        society is a compelling national interest that potentially 
        affects every American citizen and every locality in the 
        country.
            (3) The American public and their elected officials at all 
        levels of government overwhelmingly support the punishment and 
        incarceration of violent criminals, as well as those who direct 
        and participate in criminal enterprises.
            (4) Minorities make up a disproportionately large share of 
        prison populations. Black males have a 32 percent chance of 
        serving time in prison at some point in their lives; Hispanic 
        males have a 17 percent chance; white males have a 6 percent 
        chance.
            (5) The number of persons on probation and parole has been 
        growing along with institutional populations. There are 
        7,300,000 Americans incarcerated or on probation or parole, 
        equal to 1 in every 31 adults, an increase of 290 percent since 
        1980.
            (6) The number of exoffenders returning to their 
        communities from Federal and State prisons rose to 725,000 in 
        2007, an increase of 19.9 percent since 2000, and a more than 
        doubling in the past 2 decades. On average, 2 out of every 3 
        released prisoners will be rearrested and 1 in 2 will return to 
        prison within 3 years of release.
            (7) Spending on corrections consumes an increasingly large 
        portion of resources at all levels of government. Corrections 
        expenditures compete with and diminish funding for education, 
        public health, public safety, parks and recreation, and 
        programs specifically designed to reduce the prison population. 
        An analysis by the Pew Charitable Trusts found that over the 
        past 20 years, inflation-adjusted state spending on corrections 
        rose 127 percent while higher education expenditures rose just 
        21 percent.
            (8) The National Gang Threat Assessment reports that there 
        are approximately 1,000,000 gang members in the United States. 
        According to reporting by local law enforcement, gangs commit 
        ``as much as 80 percent of the crime in some locations''. Gangs 
        are primary retail distributors of illicit drugs, some of which 
        operate at the regional or national level. According to the 
        2008 National Drug Threat Survey, 58 percent of law enforcement 
        agencies report gang involvement in drug distribution.
            (9) The combination of gang activity and the movement of 
        illegal drugs into the country has resulted in unprecedented 
        levels of sophisticated, organized violence along America's 
        southern border and in hundreds of American communities. More 
        than 6,000 people died in Mexico in 2008 alone as a result of 
        drug-related violence.
            (10) Despite high incarceration rates for drug-related 
        offenses, illicit drug availability remains consistent. 86 
        percent of high school students report that it is ``very easy'' 
        or ``fairly easy'' to obtain marijuana. 47 percent report the 
        same for cocaine, 39 percent for crack, and 27 percent for 
        heroin.
            (11) Those addicted to and abusive of illicit drugs are an 
        estimated 10 to 20 percent of the drug using population, but 
        account for an estimated half of all illicit drug consumption. 
        Treating addiction will significantly help decrease demand.
            (12) Drug offenders in prisons and jails have increased 
        1200 percent since 1980. Nearly a half million persons are in 
        Federal or State prison or local jail for a drug offense, 
        compared to an estimated 41,100 in 1980. A significant 
        percentage of these offenders have no history of violence or 
        high-level drug selling activity.
            (13) Prisons and jails nationwide have become holding 
        facilities for the mentally ill. There are an estimated 350,000 
        men and women in prisons and jails with serious mental 
        disorders. Approximately 4 times as many mentally ill people 
        are in prisons than in mental health hospitals. Prisoners are 2 
        to 4 times more likely than the general population to be 
        schizophrenic, depressed, bipolar, or suffering from post-
        traumatic stress disorder. Approximately 73 percent of mentally 
        ill inmates suffer from a substance abuse disorder.
            (14) Prisons have become public health risks. The number of 
        State prisoners with HIV is 2.5 times greater than the general 
        population. The number of State prisoners with hepatitis C is 9 
        times that of the general population.
            (15) Prison administration is uneven, lacking clear, 
        affirmative standards of training and performance, varying 
        greatly from institution to institution, locality to locality, 
        and among Federal, State and local jurisdictions.
            (16) According to a 2007 Bureau of Justice Statistics 
        survey, an estimated 60,500 inmates (or 4.5 percent of all 
        Federal and State inmates) experienced 1 or more incidents of 
        sexual victimization involving other inmates or staff. Analyses 
        suggest that official records of assault in prison (both 
        physical and sexual) only reflect 10 to 20 percent of all 
        assaults in prison.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the ``National 
Criminal Justice Commission'' (referred to in this Act as the 
``Commission'').

SEC. 4. PURPOSE OF THE COMMISSION.

    The Commission shall undertake a comprehensive review of the 
criminal justice system, make findings related to current Federal and 
State criminal justice policies and practices, and make reform 
recommendations for the President, Congress, and State governments to 
improve public safety, cost-effectiveness, overall prison 
administration, and fairness in the implementation of the Nation's 
criminal justice system.

SEC. 5. REVIEW AND FINDINGS.

    (a) General Review.--The Commission shall review all areas of 
Federal and State criminal justice costs, practices, and policies.
    (b) Specific Findings.--In conducting the review, the Commission 
shall make such findings as it deems appropriate, including--
            (1) the statistical areas of increase in the United States 
        incarceration rate compared to historical standards of 
        incarceration in the United States and the reasons for this 
        increase;
            (2) a comparison of incarceration policies, including 
        juvenile incarceration policies, in countries with similar 
        political systems including Western Europe and Japan, denoting 
        the different standards applied for types of crime, length of 
        sentences, standards of prison administration, quality of 
        reentry programs for exoffenders, and recidivism rates;
            (3) an examination of prison administration policies at the 
        Federal, State, and local levels, to include the availability 
        and quality of preemployment training programs and the 
        availability of meaningful career progression within the 
        profession;
            (4) the costs of current incarceration policies at the 
        Federal, State and local level, including the relevant costs of 
        law enforcement, the proportion of that cost associated with 
        gangs and drug enforcement, the costs of constructing and 
        administering prison facilities, the costs of post-
        incarceration supervision and reentry programs, and the cost of 
        lost economic opportunities associated with the stigma of 
        incarceration;
            (5) an examination of the impact of gang activities in the 
        United States, including the proportion of these activities 
        that are directed by foreign-based gangs and syndicates, and 
        outlining the impact of these activities in terms of violence, 
        intimidation, and all areas of criminal activity;
            (6) an examination of current drug policy and its impact on 
        incarceration, crime and violence, sentencing, and reentry 
        programs, to include an analysis of the general availability of 
        drugs in our society, the impact and effectiveness of current 
        policies on reducing that availability and on the incidence of 
        crime, and in the case of criminal offenders, the availability 
        of drug treatment programs before, during, and after 
        incarceration;
            (7) an examination of the legal and administrative changes 
        in policies regarding those who suffer from mental illness, 
        including mandatory and voluntary commitment to institutional 
        care, the effectiveness and availability of alternative methods 
        of treatment, the impact of these policy changes on 
        incarceration, and the availability of government sponsored or 
        assisted programs to address mental illness;
            (8) an examination of the historic role of the military 
        (active duty, National Guard, Coast Guard, and reserve forces), 
        in the prevention of crime, the apprehension of criminals, the 
        protection of American citizens, and the maintenance of 
        stability along the national borders; and
            (9) any other area that the Commission in its judgment 
        believes relevant to a full understanding of the present 
        criminal justice system in the United States.

SEC. 6. DUTIES OF THE COMMISSION.

    (a) Recommendations.--After conducting a review of the United 
States criminal justice system and making findings as required by 
section 5, the Commission shall make recommendations for changes in 
policies and laws designed to--
            (1) refocus incarceration policies to reduce the overall 
        incarceration rate while preserving public safety, cost-
        effectiveness, and societal fairness;
            (2) decrease prison violence, with particular reference to 
        protecting those incarcerated from physical abuse;
            (3) improve prison administration, including Federal 
        standards of competence and the creation of a career path for 
        prison administrators;
            (4) institute the use of policies and practices proven 
        effective throughout the spectrum of criminal behavior;
            (5) establish a system for the reintegration of exoffenders 
        that provides productive skills and opportunities and improves 
        communities' ability to assimilate former offenders;
            (6) restructure the approach to criminalization of, and 
        incarceration as a result of the possession or use of illegal 
        drugs, decreasing the demand for illicit drugs, and improving 
        the treatment for addiction;
            (7) improve and streamline the treatment of mental illness, 
        both in our society and in the criminal justice system;
            (8) improve Federal and local responses to international 
        and domestic criminal activity and violence carried out by 
        gangs, cartels, and syndicates, particularly in relation to 
        drug smuggling and distribution; and
            (9) improve and reform any other aspect of the United 
        States criminal justice system the Commission determines is 
        required.
    (b) Coordination With International and Domestic Government and 
Nongovernment Representatives.--The Commission shall--
            (1) consult with government and nongovernmental leaders, 
        including State and local law enforcement officials; and
            (2) include in its final report required by subsection (c) 
        summaries of the input and recommendations of these leaders 
        based on the recommendations required by subsection (a).
    (c) Report.--
            (1) Report.--Not later than 18 months after the selection 
        of the chair and the Executive Director of the Commission, the 
        Commission shall prepare and submit a final report that 
        contains a detailed statement of findings, conclusions, and 
        recommendations of the Commission to Congress and the 
        President.
            (2) Public availability.--The report submitted under this 
        subsection shall be made available to the public.

SEC. 7. MEMBERSHIP.

    (a) In General.--The Commission shall be composed of 11 members, as 
follows:
            (1) One member shall be appointed by the President, who 
        shall serve as Chairman of the Commission.
            (2) Two members appointed by the majority leader of the 
        Senate, in consultation with the Chairman of the Committee on 
        Judiciary.
            (3) Two members appointed by the minority leader of the 
        Senate, in consultation with the ranking member of the 
        Committee on Judiciary.
            (4) Two members appointed by the Speaker of the House of 
        Representatives, in consultation with the Chairman of the 
        Committee on Judiciary.
            (5) Two members appointed by the minority leader of the 
        House of Representatives, in consultation with the ranking 
        member of the Committee on Judiciary.
            (6) One member appointed by the Chairman of the Republican 
        Governors Association.
            (7) One member appointed by the Chairman of the Democratic 
        Governors Association.
    (b) Membership.--
            (1) Qualifications.--The individuals appointed from private 
        life as members of the Commission shall be individuals who are 
        nationally recognized for expertise, knowledge, or experience 
        in such relevant areas as--
                    (A) law enforcement;
                    (B) criminal justice;
                    (C) national security;
                    (D) prison administration;
                    (E) prisoner reentry;
                    (F) public health, including drug addiction and 
                mental health;
                    (G) victims' rights; and
                    (H) social services.
            (2) Disqualification.--An individual shall not be appointed 
        as a member of the Commission if such individual possesses any 
        personal or financial interest in the discharge of any of the 
        duties of the Commission.
            (3) Terms.--Members shall be appointed for the life of the 
        Commission.
    (c) Appointment; Initial Meeting.--
            (1) Appointment.--Members of the Commission shall be 
        appointed not later than 45 days after the date of the 
        enactment of this Act.
            (2) Initial meeting.--The Commission shall hold its initial 
        meeting on the date that is 60 days after the date of the 
        enactment of this Act.
    (d) Meetings; Quorum; Vacancies.--
            (1) Meetings.--The Commission shall meet at the call of the 
        chair or a majority of its members.
            (2) Quorum.--Six members of the Commission, including at 
        least one member chosen by the minority leader of the Senate, 
        minority leader of the House of Representatives, or Chairman of 
        the Republican Governors Association, shall constitute a quorum 
        for purposes of conducting business, except that 2 members of 
        the Commission shall constitute a quorum for purposes of 
        receiving testimony.
            (3) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made. If vacancies in the 
        Commission occur on any day after 45 days after the date of the 
        enactment of this Act, a quorum shall consist of a majority of 
        the members of the Commission as of such day, so long as at 
        least one Commission member chosen by a member of each party, 
        Republican and Democratic, is present.
    (e) Actions of Commission.--
            (1) In general.--The Commission--
                    (A) shall act by resolution agreed to by a majority 
                of the members of the Commission voting and present; 
                and
                    (B) may establish panels composed of less than the 
                full membership of the Commission for purposes of 
                carrying out the duties of the Commission under this 
                title--
                            (i) which shall be subject to the review 
                        and control of the Commission; and
                            (ii) any findings and determinations made 
                        by such a panel shall not be considered the 
                        findings and determinations of the Commission 
                        unless approved by the Commission.
            (2) Delegation.--Any member, agent, or staff of the 
        Commission may, if authorized by the chair of the Commission, 
        take any action which the Commission is authorized to take 
        pursuant to this Act.

SEC. 8. ADMINISTRATION.

    (a) Travel Expenses.--Members shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code, while away from their 
homes or regular places of business in performance of services for the 
Commission.
    (b) Staff.--
            (1) Executive director.--The Commission shall have a staff 
        headed by an Executive Director. The Executive Director shall 
        be paid at a rate equivalent to a rate established for the 
        Senior Executive Service under section 5382 of title 5, United 
        States Code.
            (2) Staff appointment.--With the approval of the 
        Commission, the Executive Director may appoint such personnel 
        as the Executive Director determines to be appropriate.
            (3) Experts and consultants.--With the approval of the 
        Commission, the Executive Director may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code.
            (4) Detail of government employees.--Upon the request of 
        the Commission, the head of any Federal agency may detail, 
        without reimbursement, any of the personnel of such agency to 
        the Commission to assist in carrying out the duties of the 
        Commission. Any such detail shall not interrupt or otherwise 
        affect the civil service status or privileges of the Federal 
        employee.
            (5) Other resources.--The Commission shall have reasonable 
        access to materials, resources, statistical data, and other 
        information such Commission determines to be necessary to carry 
        out its duties from the Library of Congress, the Office of 
        National Drug Control Policy, the Department of State, and 
        other agencies of the executive and legislative branches of the 
        Federal Government. The chair of the Commission shall make 
        requests for such access in writing when necessary. The Office 
        of National Drug Control Policy shall make office space 
        available for day-to-day Commission activities and for the 
        scheduled quarterly full Commission meetings.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any agency of the United States information necessary to enable it 
to carry out this Act. Upon the request of the Chair of the Commission, 
the head of that department or agency shall furnish that information to 
the Commission.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for fiscal 
years 2009 and 2010 such sums are as necessary to carry out the 
purposes of this Act.
    (b) Availability.--Any sums appropriated under the subsection (a) 
shall remain available, without fiscal year limitation, until expended.

SEC. 10. SUNSET.

    The Commission shall terminate 60 days after it submits its report 
to Congress.
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