[Congressional Record Volume 164, Number 200 (Wednesday, December 19, 2018)]
[Senate]
[Pages S7916-S7918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FIRST STEP ACT
Mr. GRASSLEY. Mr. President, I ask unanimous consent that these
letters be printed in the Record for S. 3649, a bill to provide for
programs to help reduce the risk that prisoners will recidivate upon
release from prison, and for other purposes.
There being no objection, the material was ordered to be printed in
the Record, as follows:
National Fraternal Order of Police,
Washington, DC, November 9, 2018.
FOP Partners With President Trump on Criminal Justice Reform
Revised and amended First Step Act to be introduced next week
Chuck Canterbury, National President of the Fraternal Order
of Police, announced his support today for legislation
developed by the Administration to make important reforms to
our nation's criminal justice system.
``The President and his team have been working hard on this
issue since Inauguration Day,'' Canterbury said. ``From the
outset, they let us know they wanted our input because this
effort could not succeed without our support. We are proud to
announce that by working together with the Administration and
leaders on Capitol Hill we have a bill that will make our
streets and neighborhoods safer, our police will be better
protected and improve the ability of our criminal justice
system to effectively rehabilitate offenders.''
The legislation, entitled the ``First Step Act,'' would
establish a comprehensive risk and needs assessment tool to
provide an individual profile of all Federal inmates. Those
offenders deemed to be at low risk to recidivate would be
given incentives and access to evidence-based recidivist
reduction programs to better prepare them to return to their
neighborhoods and become productive members of the community.
``By individually targeting those offenders with the lowest
risk to re-offend, law enforcement and correctional officers
can better focus their resources,'' Canterbury explained.
``The FOP played a key role in making sure that truly
dangerous offenders, like those who commit crimes while armed
and those who traffic in deadly narcotics like fentanyl, are
ineligible to participate in the First Step program.''
The legislation also contains certain sentencing reforms.
The FOP engaged with our allies on Capitol Hill to make sure
these changes are prospective and would not, except in the
case of the existing Fair Sentencing Act, be applied
retroactively. The bill also contains an FOP-backed provision
that would improve the safety of our Federal correctional
officers carrying firearms under the auspices of the Law
Enforcement Officers' Safety Act.
``We have been proud to be a partner in this effort with
President Trump and are grateful for his leadership and for
his constant and unwavering support for law enforcement,''
Canterbury said. ``We look forward to working with him and
with Congress to get this bill to his desk.''
The Fraternal Order of Police is the largest law
enforcement labor organization in the United States with more
than 345,000 members.
____
International Association of
Chiefs of Police,
Alexandria, VA, November 11, 2018.
President Donald J. Trump,
The White House,
Washington, DC.
Dear President Trump: On behalf of the International
Association of Chiefs of Police (IACP), the world's largest
organization of law enforcement executives, I am writing in
support of the updated version of the First Step Act. We
applaud you and your Administration for your commitment to
law enforcement and to making lasting reforms to our criminal
justice system.
As you are aware, the IACP was supportive of the originally
introduced First Step Act, but did have some feedback on
changes that would further enhance the legislation. Your
Administration worked with the IACP throughout this process
to solicit our feedback and we applaud both you and your
Administration for ensuring that this legislation achieves a
proper balance of maintaining public safety while providing
rehabilitation services and early release incentives to
qualified federal prisoners.
The First Step Act contains several measures intended to
more effectively rehabilitate prisoners so that they are less
likely to reoffend after release and, thereby, are less
likely to cause additional harm to society. These measures
include education, job training, and other personal
development programs, along with incentives, such as good
time credits, to participate in these opportunities. The
proposed legislation includes an expanded list of 49
convictions that would ensure that truly dangerous offenders
are ineligible to receive time credits. In addition, the IACP
is also pleased that the revised legislation contains
provisions that ensure that certain sentencing reform
provisions, unrelated to the Fair Sentencing Act, can only be
applied prospectively thereby achieving the proper balance
between reform and maintaining public safety.
Once introduced in the Senate, the IACP looks forward to
working with Congress to continue to fine tune the
legislation. A key item that we would like to see addressed
is a notification system that will alert state and local law
enforcement agencies and their communities when a
rehabilitated offender is released into their jurisdiction.
Ensuring proper notification will enable law enforcement and
our communities to be aware when a rehabilitated offender
returns. Additionally, while the IACP agrees that a portion
of the savings associated with the reduction in recidivism
resulting from this legislation be invested back into the
Bureau of Prisons to continue evidence-based recidivism
reduction programs, it is also essential that a portion of
the savings be invested back into federal, state, and local
law enforcement.
In addition, further enhancements could be made to the
safety valve language. Before being eligible for any safety
valve provision, it is imperative that all pertinent
information and most importantly, information from local
authorities be reviewed. The facts and circumstances of the
original sentencing, including a review of any prior criminal
conduct or any other relevant information from federal, state
and local authorities should be considered before a
determination is made regarding a reduction in sentence.
Finally, and most importantly, the IACP is pleased with the
acknowledgement and commitment from the Administration that
there is a true need to establish a National Commission on
Law Enforcement and the Administration of Justice
(Commission) to examine criminal justice issues in a broader
and more strategic fashion. While the First Step Act aims to
provide a solution to one of the many issues we are currently
facing, it is not the ultimate fix to the multitude of issues
confronting the criminal justice system. To move forward in a
systematic way that provides cross-cutting solutions for
multiple disciplines and issues, we need the Commission to
serve as the catalyst for a long overdue strategic blueprint.
Again, we appreciate the commitment from the White House to
work towards the Commission's establishment, which has been
one of the IACP's top priorities for more than two decades.
On behalf of our more than 30,000 members, thank you again
for working with the IACP on this important issue. We look
forward to continuing to work together as this legislation
moves through the process.
Sincerely,
Paul M. Cell,
IACP President.
____
National Organization of Black Law Enforcement
Executives,
Alexandria, VA, November 11, 2018.
The President,
The White House,
Washington, DC.
Dear Mr. President: On behalf of the National Organization
of Black Law Enforcement Executives (NOBLE), our Executive
Board, local chapters, and members, I am writing to express
support for the FIRST STEP Act (S. 2795/H.R. 5682). We
applaud the White House and Congress for soliciting feedback
from NOBLE and the law enforcement community in finalizing
the content of this very important legislation. We feel the
FIRST STEP Act strikes a balance between maintaining public
safety while improving re-entry, rehabilitation, workforce
training programs, and sentencing.
It is NOBLE's hope that this legislation strengthens bi-
partisan efforts in reforming this nation's criminal justice
system to ensure equity in the administration of justice. Our
organization joins many law enforcement leaders in the belief
that America can reduce incarceration levels while also
reducing crime.
Lastly, we encourage the White House and Congress to
continue to explore the establishment of a National Criminal
Justice Commission. The purpose of this commission would be
to undertake a comprehensive review of the criminal justice
system.
We thank all parties who helped in the development of the
FIRST STEP Act (S. 2795/H.R. 5682) and look forward to
working collaboratively in ensuring equal protection under
the law for all Americans.
Sincerely,
Vera Bumpers,
National President, NOBLE.
____
November 13, 2018.
Re Police Perspective: FIRST STEP Act (S. 2795) & Sentencing
Reform.
Hon. Donald J. Trump,
The White House,
Washington, DC.
Dear President Trump: I write to you today as Executive
Director of Law Enforcement Leaders to Reduce Crime &
Incarceration, a bipartisan group of more than 200 current
and former law enforcement officials.
Today, our nation faces new criminal justice challenges,
including a rise in opioid overdoses, an uptick in homicides
in some cities, and strained police-community relations.
While there is no one-size-fits-all solution, we as leaders
in law enforcement feel compelled to share our views on how
passing
[[Page S7917]]
prison and sentencing reform together is vital to keeping our
nation safe.
First, I wanted to share our briefing memo explaining how
the FIRST STEP Act and sentencing reform will improve public
safety. Americans trust us, as law enforcement officers, to
both secure the safety of their communities and advise
policymakers on how to advance that goal. We hope this
information helps ease any concerns surrounding the bill Our
position is also in line with that of the Fraternal Order of
Police, which recently endorsed bipartisan efforts toward
justice reform.
Second, I wanted to share our previous letter supporting
the FIRST STEP Act and sentencing reform sent to leaders in
Congress, explaining the necessity of passing sentencing and
prison reform together to reduce recidivism and increase
fairness. Over 60 of our members signed onto this letter,
writing everywhere from Virginia to New Orleans to Iowa, to
share their views. I have expressed similar views in the The
Hill, with Washington Police Chief Peter Newsham.
We are grateful for your unwavering leadership in
prioritizing public safety and the critical issues facing law
enforcement. I hope we can work together toward bipartisan
reforms.
Respectfully yours,
Ronal Serpas,
Executive Director, Law Enforcement Leaders to Reduce Crime
& Incarceration.
Former Police Superintendent, New Orleans, Louisiana.
Former Police Chief, Nashville, Tennessee.
____
National District
Attorneys Association,
November 13, 2018.
President Donald J. Trump,
The White House,
Washington, DC.
Dear President Trump: On behalf of the National District
Attorneys Association (NDAA), the largest prosecutor
organization in the country representing 2,500 elected and
appointed District Attorneys as well as 40,000 Assistant
District Attorneys, who collectively prosecute around 95
percent of the crime in the United States, I write to support
the revised First Step Act. This legislation is a bipartisan
effort to address front-end sentencing reform and back-end
prison reform, and our association is appreciative of your
efforts to partner with the Nation's prosecutors on this
important matter.
NDAA previously supported the Sentencing Reform &
Corrections Act (SRCA) during the last Congress as a
carefully crafted bipartisan compromise. After weeks of
discussions with White House and Senate Judiciary Committee
staff, our organization is confident that the revised First
Step Act strikes an appropriate balance between addressing
the needs of the current Federal prison population while
ensuring criminals are penalized appropriately.
Tasked with the constitutional duty of protecting the
communities we serve from bad actors while seeking justice
for victims of crime and protecting the innocent, our members
are acutely aware of the need for reforms to our criminal
justice system. As currently written, the revised First Step
Act includes much needed prison reform provisions that will
provide the Bureau of Prisons (BOP) with the guidance and
resources to assist in lowering recidivism rates for low-risk
prisoners. Further, the addition of four sentencing reform
provisions takes a precision-like approach to sentencing
guidelines associated with certain crimes. Absent meaningful
sentencing reform, where the truly dangerous are locked up
for an appropriate period of time and those with addiction or
mental health issues have the chance for treatment and
rehabilitation, rising recidivism rates will continue to
persist.
While the legislation makes its way to the Senate, NDAA
plans to continue engaging with your staff and law
enforcement stakeholders to improve the language in the
revised First Step Act. Specifically, our organization is
working to ensure any reinvestment of savings generated
because of front-end sentencing reform provisions is invested
back into state and local law enforcement and prosecutor
agencies to prevent crime, target drug trafficking
operations, train law enforcement and prosecutors in the
field and respond to other emerging issues within the
criminal justice system.
Our members continue to call for a new commission to
explore issues across the criminal justice system to ensure
law enforcement and prosecutors can protect the communities
they serve and respond to emerging issues in the field. In
partnership with your administration, we hope to make that
call a reality. As part of that commission, it is imperative
that the local prosecutor perspective is represented as the
legal end of the criminal justice system continuum. Without
it, a comprehensive review of the broader stakeholder system
is incomplete. NDAA looks forward to having one of our
members bring the state and local prosecutor's valuable
perspective to the table once the commission is established.
We appreciate your efforts, as well as the efforts of a
bipartisan group of Members of Congress and staff, to ensure
the American criminal justice system is continually improved
upon and seen as a model for innovative and cutting-edge
programming that we see in our own members' offices every
day. Thank you for working with the Nation's prosecutors and
NDAA on this historic effort.
Sincerely,
Jonathan Blodgett,
President.
Mr. WYDEN. Mr. President, this week, with my support, the Senate
passed the FIRST STEP Act of 2018. This is a groundbreaking step toward
long overdue criminal justice reform in our country. Too many people
have unnecessarily spent decades behind bars for nonviolent offenses or
because of disproportionately harsh mandatory minimum sentences. When
these individuals are finally released, if ever, they are met with
loads of challenges stemming from the lack of rehabilitative help
available before and after their release.
The FIRST STEP Act begins to address these issues. It allows for less
prison time for nonviolent offenders, reduces harsh mandatory minimums,
works to eliminate some racial disparities in sentencing, provides for
meaningful education and job-training programs for inmates, and raises
the chances that the incarcerated return to society for good. In short,
this legislation is an important and overdue course correction from
laws that, for years, created and amplified serious inequities in our
criminal justice system.
However, the FIRST STEP Act is not perfect. I would like to offer a
few thoughts on a particular component of the legislation. This
legislation requires that the Attorney General develop what is called
an evidence-based risk and needs assessment tool. If all goes right, it
will be a data-driven software program designed to help incarcerated
individuals reintegrate into society upon release. This tool is
intended to take into account a person's ability to earn time off their
sentence, how likely a person is to reoffend, their most effective
treatment plan, access to resources like educational and work programs,
and their housing assignment after release.
I am fully in support of fresh ideas. Ones that can help individuals
reenter society are important and this bill contains a lot of them. But
the fact is, some existing software programs, similar to the one
proposed in this legislation, have been plagued by racial and class
bias. Inherently biased software and algorithms can harm the
vulnerable, especially if they are not deployed and monitored
carefully. Oversight is necessary to ensure the FIRST STEP Act reforms,
once implemented, do not inadvertently establish a new form of the same
old discrimination.
Some safeguards have been put in place to ensure this software is
developed without those biases. That includes establishing specific
transparency requirements and an independent review committee made up
of experts to advise the process. The rest is up to oversight. I am
committed to closely monitoring how these reforms are implemented and
put into practice. Given the broad support this legislation has on both
sides of this body, I am hopeful that Democrats and Republicans alike
will be able to work together to ensure it is implemented the right
way.
Mr. SULLIVAN. Mr. President, I wish to voice my concern over the
passage of the FIRST STEP Act, a bill that would reduce prison
sentences for some Federal offenders, and to explain to the public why
I did not vote for the bill.
First, I want to say that I agree with some of the provisions of the
act.
For too long, we have been putting low-level drug offenders behind
bars for exorbitant periods of time, without a focus on rehabilitation.
This has ruined lives, irrevocably damaged our communities, and cost
the taxpayer dearly.
I support data-driven antirecidivism programs. I support helping
people who have served their time to lead productive lives. I support
using our prisons as a place to punish violent perpetrators and serious
drug offenders.
But this bill simply goes too far for the people of my State. What is
happening currently in Alaska should serve as an example of the
negative consequences resulting from a far-reaching criminal justice
reform bill.
Let me spend a few minutes talking about Alaska's experience with
criminal justice reform.
In 2016, then Governor Walker signed into a law a criminal reform
bill, known in Alaska as SB91. The bill was similar to many similar
bills passed in 30 States across the country.
It was more sweeping than the Federal bill we are debating today, but
it has served as a model for this Federal bill in front of us.
[[Page S7918]]
Its main focus was on antirecidivism measures and reserving prison
space for the truly dangerous criminals while showing leniency for
certain ``low-risk offenders,'' just as the FIRST STEP Act does.
In some States, it has worked well, and I hope that the FIRST STEP
Act works as those who supported it believe it will, but I am not
convinced because, in my State, it hasn't.
Our criminal reform law hit Alaska right as we were going through a
recession caused by low oil prices and the fact that the Obama
administration locked up Alaska lands which hurt thousands of working
men and women and their families.
It was also during this time that the opioid and drug crisis hit our
State. Like many States across our country, my State has been hit hard,
and we have been laser focused on it here in this body.
This trifecta--the passage of the State's criminal reform bill, a
persistent recession, and the drug crisis--have resulted in mayhem in
some of our communities in Alaska.
In Alaska, all crime is up 6 percent from last year and up 26 percent
from 5 years ago. Let me give you some troubling statistics from
Alaska's Uniform Crime Report: violent crime; up 6 percent from last
year and up 35 percent from 5 years ago; property crime; up 5 percent
from last year and up 23 percent from 5 years ago; and vehicle theft up
39 percent from 2016 to 2017.
According Kyle Hopkins from the Anchorage Daily News, who has done a
great job reporting on this; car thieves, burglars, and shoplifters
stole a staggering $45.3 million worth of property across Anchorage in
2017. Remember, Anchorage is a city of a population of less than
300,000--the number of cars stolen in Anchorage: 3,104 in 2017; the
number of vehicle break-ins: 3,837 in 2017.
Much of this crime is fueled by the drug epidemic.
Like many States across the country, Alaska has been reeling from the
opioid crisis and drug epidemic. Tragically, lives are being lost
because of this epidemic. Opioid-related deaths doubled in Alaska in
2017. Fentanyl related deaths rose by 450 percent.
The amount of heroin seized in Alaska more than doubled in 2017,
while the number of arrests actually decreased.
Law enforcement has been tracking lower 48 traffickers who continue
to import increasing amounts of these drugs to take advantage of our
unique enforcement challenges, especially in our rural communities.
Given the crime wave in my State, in many cases fueled by addictions,
and our high rates of sexual assault and domestic violence, many of the
provisions in this bill are deeply troublesome.
In the FIRST STEP Act, certain sexual and drug criminals could be
eligible for expanded good time credits, meaning that they can get out
of prison early. Criminals who are serving prison time for trafficking
cocaine, heroin, or meth could get out early, so could those who
assaulted a law enforcement officer and those who have committed
certain violent assaults.
Perhaps most troubling, this bill would reduce enhanced sentencing
for repeat drug offenders, including for methamphetamine, heroin, and
fentanyl, three drugs that are more prevalent in my State.
The recent statistics in Alaska on drug seizures paint a grim picture
about our drug crisis in my State. I cannot risk allowing these
perpetrators, some of whom might make their way to Alaska, such
leniency.
As I have said, we have been laser-focused on this drug issue here in
the Senate. We have passed numerous bills to bring more resources to
our States, billions of dollars of resources.
Back home, I have held numerous summits relating to this issue.
In August 2016, I convened the Alaska Wellness Summit: Conquering the
Opioid Crisis, an important gathering of Federal, State, and local
community leaders dedicated to tackling the many challenges associated
with the growing opioid and heroin epidemic. That summit, which largely
focused on issues of addiction, recovery, and community, was very
productive, with hundreds of Alaskans gathering to listen, gain
inspiration, learn and exchange ideas. Federal officials from several
different agencies attended to hear the many obstacles Alaskans face
when in recovery, as well as witness the indomitable spirit of Alaskans
who have overcome those obstacles.
In August 2018, I held another wellness summit, this time focused not
only on Alaska's addiction epidemic, but on drug trafficking and the
associated crime wave that is victimizing so many Alaskans. The summit
once again feature a prominent group of Federal, State, and local
leaders and stakeholders to build public awareness, identify
opportunities for coordination and cooperation, and highlight Alaska's
unique public safety challenges with Federal officials.
We have grassroots, peer-to-peer networks across the State that are
really beginning to make a difference.
We also have very active community members who are banding together
to try to fight crime in their neighborhoods.
But we need a strong criminal justice system that continues to mete
out punishments that fit the crime. We need, fair, strong deterrence.
We need the full strength of both the Federal and the State
governments, working in tandem, to get drug dealers off the streets and
punish violent reoffenders who are wreaking havoc in our communities.
Although I respect that motives of my colleagues--and I do believe
that some reform is necessary--this bill goes too far.
When evaluating this bill, I could not ignore the realities of my
State's current situation: spiking crime rates and an ongoing opioid
and drug crisis. Voting to lessen prison time for any contributing
offenders could compound the problem. I could not take that risk.
____________________