Legislative Background on Criminal Justice Reform

Recent Action by Congress on the FIRST STEP Act

For the first time in nearly a decade, Congress is con-sidering major criminal justice legislation, including reforms relating to sentencing, recidivism, and prisoner

re-entry into society.

The most recently enacted law addressing these issues was the Fair Sentencing Act of 2010, which eliminated the five-year minimum sentence for possession of crack cocaine and reduced the disparity between how much crack or powdered cocaine a possessor needed to have to incur Federal penalties.

Earlier, in 2007, Congress passed the Second Chance

Act, to provide grants to local government to help of-fenders reintegrate into communities upon their release through housing, employment, substance abuse, family assistance, and other programs.

House Bill. In the 115th Congress (set to adjourn at the end the year), Representative Doug Collins (GA-R) intro-duced the FIRST STEP (Formerly Incarcerated Re-enter Society Transformed Safely Transitioning Every Person) Act. Major provisions included:

Selected Internet Sites

n The White House

Remarks by President Trump

at White House Prison Reform Summit https://www.whitehouse.gov/briefings-statements/remarks-president-trump-white-house-prison-reform-summit

n Federal Bureau of Prisons https://www.bop.gov

n Bureau of Justice Statistics https://www.bjs.gov

n National Institute of Justice https://www.nij.gov

n National Criminal Justice Reference Service https://www.ncjrs.gov

n Justice Center

The Council of State Governments https://csgjusticecenter.org/government-affairs

n Center for Biological Diversity https://www.biologicaldiversity.org/about

●● Revising the good-time credit law, allowing prisoners to earn 54 days of credit each year instead of 47

●● Prohibiting the shackling of pregnant prisoners

●● Increasing drug abuse treatment opportunities.

●● Requiring the provision of health care products to incarcerated women

●● Providing phone and video communications and vis-itation privileges

●● Requiring that prisoners be within 500 driving miles of home

●● Expanding compassionate release (such as for severe illness)

The bill cleared the Judiciary Committee on May 9,

25 to 5. On the same day, the White House held a Prison Reform Summit to endorse the legislation and encourage lawmakers to take further action. In his summit remarks,

President Trump called prison reform “an issue that unites people from across the political spectrum.” The House passed the bill on May 22 by a vote of 360 to 59.

Senate Bill. Senator Charles Grassley (IA-R), chair of the Judiciary Committee, introduced a Senate version of the bill on November 26. S. 3649, simply titled the First Step Act, combines prison reform proposals contained in the House-passed bill with provisions of Sentencing Re-form Act Corrections Act (also introduced by Grassley), which changes some of the strictest Federal sentencing rules. Among other reforms, the Senate version eliminates “stacking” a gun sentence on top of a sentence for a drug crime or crime of violence — a practice that has resulted into much longer sentences. It also allows judges to sen-tence below the mandatory minimum for co-operative, low-level nonviolent drug offenders.

Outlook. In mid -December, bowing to pressure from the White House and a coalition of the bill’s supporters,

Senate Majority Leader Mitch McConnell (KY-R) agreed to bring the First Step Act to the Senate floor before the

115th Congress adjourns.n

Congressional Digest n www.CongressionalDigest.com n January 2019

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