[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.

                          ____________________