CONYERS: CBC Foundation Judiciary Braintrust: Criminal Justice Reform

Making America Accountable for Black Lives Recent events demonstrate that racial profiling remains a divisive issue that strikes at the very foundation of our democracy. 

The issues of race and reasonable suspicion of criminal conduct are so closely linked in law enforcement practices that profiling has an impact on virtually every area of criminal justice policy. 

From the prison pipeline to clemency and over-criminalization, race has a continuing impact on policy development in the criminal justice system. 

This panel features experts from the judiciary, law enforcement, and the advocacy community to provide an overview of the continuing challenges in juvenile justice, drug and sentencing policy reform efforts.

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CONYERS Welcomes New Judiciary Democrats & Announces Subcommittee Assignments For 115th Congress

Washington, D.C. – House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) welcomed four new Democratic Members to the U.S. House Judiciary Committee and announced the new subcommittee structure for the 115^th Congress. 

Eric Swalwell (D-CA), Ted Lieu (D-CA), Jamie Raskin (D-MD) and Pramila Jayapal (D-WA) are new to the committee. Congressman Jamie Raskin, a former constitutional law professor, will serve in a newly created Vice Ranking Member position this Congress.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“I am pleased to welcome four new, and thirteen returning, Members to the House Judiciary Committee,” said Ranking Member Conyers. “I look forward to working with my Democratic colleagues to stand up for our principles in the upcoming Congress, including protecting voting rights, reforming our criminal justice system, crafting common sense immigration reforms, protecting  consumer health and safety, protecting our constitutional values, and holding the Administration accountable.”

The House Judiciary Committee Democratic Structure for the 115th Congress:

Regulatory Reform, Commercial and Antitrust Law Subcommittee

David N. Cicilline (RI-01) – Ranking Member

Henry C. “Hank” Johnson, Jr. (GA-04)

Eric Swalwell (CA-15)

Jamie Raskin (MD-08)

Pramila Jayapal (WA-07)

The Constitution and Civil Justice Subcommittee

Steve Cohen (TN-09) – Ranking Member

Jamie Raskin (MD-08)

Jerrold Nadler (NY-10)

Immigration and Border Security Subcommittee

Zoe Lofgren (CA-19) – Ranking Member

Luis Gutierrez (IL-04)

Pramila Jayapal (WA-07)

Sheila Jackson Lee (TX-18)

Judy Chu (CA-27)

Courts, Intellectual Property, and the Internet Subcommittee

Jerrold Nadler (NY-10) – Ranking Member

Henry C. “Hank” Johnson, Jr. (GA-04)

Judy Chu (CA-27)

Ted Deutch (FL-22)

Karen Bass (CA-37)

Cedric Richmond (LA-02)

Hakeem Jeffries (NY-08)

Eric Swalwell (CA-15)

Ted Lieu (CA-33)

Zoe Lofgren (CA-19)

Steve Cohen (TN-09)

Luis Gutierrez (IL-04)

Crime, Terrorism, Homeland Security, and Investigations Subcommittee

Sheila Jackson Lee (TX-18) – Ranking Member

Ted Deutch (FL-22)

Karen Bass (CA-37)

Cedric Richmond (LA-02)

Hakeem Jeffries (NY-08)

David N. Cicilline (RI-01)

Ted Lieu (CA-33)

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CONYERS & JACKSON LEE Applaud More Than 1,000 Historic Presidential Communtations

Washington, D.C. - House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) released the following statements after the White House announced the commutation of the sentences of 79 individuals:

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“The President’s power to commute sentences, as established by the Constitution, was recognized by the founders as critical to the administration of justice,” said Ranking Member Conyers. “President Obama builds on his legacy with his continued effort to commute sentences in appropriate cases. I commend him for showing compassion for those who deserve to have their sentences abbreviated. It is fair and just.”

“I commend President Obama’s commutation of sentences of 79 individuals, and well over 1,000 thus far – who were all victims of unjust sentencing,” said Crime Subcommittee Ranking Member Jackson Lee.  “Nearly all of these men and women would have been released and contributing back to society already had they been convicted under today’s laws or reform proposals. I welcome and applaud the commutations of the sentences of these individuals.  Incarcerating people for unwarranted lengths of time serves no constructive purpose.  The President has recognized this, as has Attorney General Loretta Lynch, and I am pleased that the Administration’s Clemency Project continues to address the multitude of cases in which sentence reductions are appropriate.  Of course, the need to engage in such a broad review of sentences exists largely because our sentencing laws and policies, particularly for drug offenses, urgently need to be changed.  We need to eliminate mandatory minimum sentencing and let judges impose appropriate sentences based on the facts and circumstances of each case, and we should eliminate the higher penalties for crack cocaine relative to powder cocaine offenses.  I am heartened that there is a growing, bipartisan recognition of the problem of over incarceration and I hope this will lead to sentencing reform this Congress.”

Congressman Conyers and Congresswoman Jackson Lee are cosponsors of the Sentencing Reform Act of 2015, which is the first bill that is a result of the House Judiciary Committee’scriminal justice reform initiative.  The Sentencing Reform Act of 2015 reduces certain mandatory minimums for drug offenses, reduces the three-strike mandatory life sentence to 25 years, broadens the existing safety valve for low-level drug offenders, and provides judges with greater discretion in determining appropriate sentences.  

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CONYERS, JACKSON LEE Commend President Obama For Additional Commutations Of Sentences; Call For Congressional Action On Sentencing Reform

Washington, D.C. - House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) today released the following statements after the White House announced the commutation of the sentences of 72 individuals:

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“I welcome the continued work by the President and his administration in commuting sentences, but the need to do so indicates the depth of the problem with our Federal sentencing laws,” said Ranking Member Conyers. “Congress must address this issue, to make sentences more fair at the front end.   We know that we can do this in a way that still imposes appropriate sentences but does not rely on mandatory minimums, which ignore the facts and circumstances of each case.  With the growing bipartisan recognition of the need to act, I am hopeful that we will do so in the near future.”

“I commend President Obama’s commutation of sentences of 72 individuals – who were all victims of unjust sentencing,” said Crime Subcommittee Ranking Member Jackson Lee.  “Nearly all of these men and women would have been released and contributing back to society already had they been convicted under today’s laws or reform proposals. I welcome and applaud the commutations of the sentences of these individuals.  Incarcerating people for unwarranted lengths of time serves no constructive purpose.  The President has recognized this, as has Attorney General Loretta Lynch, and I am pleased that the Administration’s Clemency Project continues to address the multitude of cases in which sentence reductions are appropriate.  Of course, the need to engage in such a broad review of sentences exists largely because our sentencing laws and policies, particularly for drug offenses, urgently need to be changed.  We need to eliminate mandatory minimum sentencing and let judges impose appropriate sentences based on the facts and circumstances of each case, and we should eliminate the higher penalties for crack cocaine relative to powder cocaine offenses.  I am heartened that there is a growing, bipartisan recognition of the problem of over incarceration and I hope this will lead to sentencing reform this Congress.”

Congressman Conyers and Congresswoman Jackson Lee are cosponsors of the Sentencing Reform Act of 2015, which is the first bill that is a result of the House Judiciary Committee’s criminal justice reform initiative.  The Sentencing Reform Act of 2015 reduces certain mandatory minimums for drug offenses, reduces the three-strike mandatory life sentence to 25 years, broadens the existing safety valve for low-level drug offenders, and provides judges with greater discretion in determining appropriate sentences.  

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CONYERS, JACKSON LEE Laud Additional Presidential Commutations

Conyers & Jackson Lee: Congress Must Pass Sentencing Reform

Washington, D.C. - House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) released the following statements after the White House announced the commutation of the sentences of 98 individuals this week:

  

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“President Obama continues to demonstrate a strong commitment to addressing unfairness in our criminal justice system by commuting the sentences of 98 additional federal prisoners,” said Ranking Member Conyers.  “It takes strong leadership to address this issue, and I’m proud to have a President that supports commutations for sentences that are too lengthy and which no longer serve a legitimate purpose related to public safety.  I hope the President’s resolve on this issue will serve as an example to legislators in Congress and across the country as our nation works to reform our criminal justice system.  I remain optimistic that, before the end of this year, Congress will pass sentencing reform legislation and other criminal justice reform bills that I have worked on with colleagues on both sides of the aisle.” 

“I applaud President Obama’s commutation of sentences of 98 individuals – who were all victims of unjust sentencing,” said Crime Subcommittee Ranking Member Jackson Lee.  “Nearly all of these men and women would have been released and contributing back to society already had they been convicted under today’s laws or reform proposals. I welcome and applaud the commutations of the sentences of these individuals.  Incarcerating people for unwarranted lengths of time serves no constructive purpose.  The President has recognized this, as has Attorney General Loretta Lynch, and I am pleased that the Administration’s Clemency Project continues to address the multitude of cases in which sentence reductions are appropriate.  Of course, the need to engage in such a broad review of sentences exists largely because our sentencing laws and policies, particularly for drug offenses, urgently need to be changed.  We need to eliminate mandatory minimum sentencing and let judges impose appropriate sentences based on the facts and circumstances of each case, and we should eliminate the higher penalties for crack cocaine relative to powder cocaine offenses.  I am heartened that there is a growing, bipartisan recognition of the problem of over incarceration and I hope this will lead to sentencing reform this Congress.”

Congressman Conyers and Congresswoman Jackson Lee are cosponsors of the Sentencing Reform Act of 2015, which is the first bill that is a result of the House Judiciary Committee’s criminal justice reform initiative.  The Sentencing Reform Act of 2015 reduces certain mandatory minimums for drug offenses, reduces the three-strike mandatory life sentence to 25 years, broadens the existing safety valve for low-level drug offenders, and provides judges with greater discretion in determining appropriate sentences.  

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Rep. Goodlatte says he won't drop criminal intent reform

Goodlatte cited support from Reps. John Conyers of Michigan and Sheila Jackson Lee of Texas, two Democratic lawmakers in favor of mens rea reform legislation in the House. That mens rea legislation proposal was put forward by Rep. Jim Sensenbrenner, R-Wis., andstalled in the year.

"Criminal intent requirements ensure that honest, hard-working Americans do not become criminals because they accidentally do something unlawful or violate an obscure law," Goodlatte and Sen. Orrin Hatch, R-Utah, wrote in a joint op-ed in January.

Goodlatte added Tuesday that he is "optimistic" about sentencing reform passing in the House. And when asked if it will pass this year?

"I think it will," he said.

http://www.washingtonexaminer.com/rep.-goodlatte-says-he-wont-drop-criminal-intent-reform/article/2601655?custom_click=rss
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CONYERS, JACKSON LEE Commend President Obama For Commuting the Sentences of 214 Americans, Call For Sentencing Reform This Congress

Washington, D.C. - House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) released the following statements after the White House announced the commutation of the sentences of 214 individuals:

Dea of the U,S. House
of Representatives
John Conyers, Jr.

“I commend President Obama and Attorney General Lynch for their continued commitment to commuting sentences in appropriate cases,” said Ranking Member Conyers. “Such cases underscore the need to change our sentencing laws to reduce the imposition of unjustly long and counterproductive sentences in the first place.  I will continue to work with my colleagues in Congress to develop and adopt bipartisan legislation to reform our sentencing laws and to improve other aspects of our criminal justice system. I look forward to congressional action on these issues before the end of this Congress.” 

“I am encouraged by President Obama’s commutation of sentences of 214 individuals today – who were all victims of unjust sentencing,” said Crime Subcommittee Ranking Member Jackson Lee.  “Nearly all of these men and women would have been released and contributing back to society already had they been convicted under today’s laws or reform proposals. I welcome and applaud the commutations of the sentences of these individuals.  Incarcerating people for unwarranted lengths of time serves no constructive purpose.  The President has recognized this, as has Attorney General Loretta Lynch, and I hope the Administration’s Clemency Project will continue to address the multitude of cases in which sentence reductions are appropriate.”

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House Judiciary Committee Approves Bipartisan Bill to Reduce Crime Among Youth

The bill is part of the House Judiciary Committee’s criminal justice reform initiative

Washington, D.C. – As part of the House Judiciary Committee’s bipartisan criminal justice reform initiative, the Committee today approved by voice vote a bill to reauthorize a federal grant program targeted at reducing crime among youth.  

The Tiffany Joslyn Juvenile Accountability Block Grant Reauthorization and the Bullying Prevention and Intervention Act(H.R. 68), authored by Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), reauthorizes the Justice Department’s Juvenile Accountability Block Grant (JABG) program at $25 million from Fiscal Year 2017 through Fiscal Year 2021 and offsets this authorization so that there is no additional cost to taxpayers. The bill strengthens the JABG program to further reduce youth crime and contains a robust accountability and oversight mechanism to ensure taxpayer dollars are used efficiently and appropriately. The bill is named after Tiffany Joslyn, who served as the Deputy Chief Counsel of the Crime Subcommittee and was tragically killed in a car crash earlier this year.

Created in 2002, the JABG program authorizes the Attorney General to provide competitive grants to states, tribes, and units of local government to strengthen their juvenile justice systems and foster accountability within their juvenile populations by holding juveniles responsible for their actions and reducing criminal behavior. Under the JABG program funds can be used for over a dozen purposes, including implementing graduated sanctions for juveniles; building or operating juvenile correction or detention facilities; supporting prosecutorial initiatives aimed at curbing drug use, violence, and gangs; accountability-based school safety initiatives; establishing juvenile drug courts; and addressing school safety, such as bullying and cyberbullying prevention.

Crime Subcommittee Ranking Member Jackson Lee, House Judiciary Committee Chairman Bob Goodlatte (R-Va.), and Ranking Member John Conyers (D-Mich.) praised today’s approval of the bill in the statements below.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

Ranking Member Conyers: “The Juvenile Accountability Block Grant program is an important part of the comprehensive effort to help states improve and operate their juvenile justice systems. It has long had a history of bipartisan support and deserves to be reauthorized this Congress. I am also pleased that the Committee renamed the bill in honor of our former counsel, Tiffany Joslyn, who tragically passed away four months ago.  She was dedicated to reforming our juvenile justice system and it is fitting that she be so honored.  As we remain dedicated to the causes she championed, I will continue to work with my colleagues on additional measures to reform the ways we respond to offenses committed by young people.”

Crime Subcommittee Ranking Member Jackson Lee: “I am pleased that the Judiciary Committee has marked up H.R. 68, the Tiffany Joslyn Juvenile Accountability Block Grant Reauthorization and the Bullying Prevention and Intervention Act, and passed it out of Committee for its adoption hopefully by the full House of Representatives. Bullying is a massive issue in our nation’s schools. The National Center for Educational Studies reports show that 14 percent of 12- to 18-year-olds surveyed report being victims of direct or indirect bullying. 1 out of 4 kids is bullied.  Bullying is not just in a schoolyard anymore; it is a crisis that’s taking over our nation. Gone are the days that children can come home and seek solace and escape from their bullies; technological advances have made it easy for young people to be tormented on social networks at any time from any place. They are never out of harm’s reach. This needs to end. Americans children should be protected, and no child should be persecuted for exercising their American right to be themselves. It is time for us to come to a conclusive solution to America’s bullying crisis. My bill, H.R. 68, the Tiffany Joslyn Juvenile Accountability Block Grant Reauthorization and the Bullying Prevention and Intervention Act, provides the solution that we need. H.R. 68 calls for the reauthorization of the Juvenile Accountability Block Grants, adds a purpose area to provide for grant funding to States for programs that address bullying, cyberbullying prevention, and gang prevention and intervention in addition to expressing a Sense of Congress on the importance of best practices.”

Chairman Goodlatte: “Our children are our nation’s future and we must take steps to reduce crime among youth. It is in our country’s interest to see juvenile offenders leave behind a life of criminality and become productive citizens. I thank Crime Subcommittee Ranking Member Jackson Lee for her passion and work on this important issue. We also remember Tiffany Joslyn and her dedication to seeing our nation’s youth succeed in life. I look forward to continuing the Committee’s work on criminal justice reform so that we can move these bills to the House floor for consideration.”

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Statement of the Honorable John Conyers, Jr. for the Markup of H.R. 68, the “Juvenile Accountability Block Grant Reauthorization and Bullying Prevention and Intervention Act”

Dean of the U.S. House
of Representatives
John Conyers, Jr.

Mr. Chairman, I support H.R. 68, which would reauthorize and update the Juvenile Accountability Block Grant program.  This program is an important part of the comprehensive effort to help states improve and operate their juvenile justice systems. 

I commend my colleague, Representative Sheila Jackson Lee, the Ranking Member of the Subcommittee on Crime, for her work on this important bill and for her steadfast work to reform the ways our criminal justice and juvenile justice systems treat young offenders. 

In the late 1990s, fears about the prospects of a wave of juvenile crime – which turned out to be unfounded – inspired some legislators to call for harsher penalties for juvenile offenders. 

Instead, this Committee, on a bipartisan basis, worked to develop a program to help states take a more measured approach.

That was the genesis of the Juvenile Accountability Incentive Block Grant program, as it was originally named, which was enacted in 1997.   

This program encourages the use of accountability models that hold juveniles responsible for their behavior by imposing consequences commensurate with the seriousness of the offense and the youth’s prior criminal history. 

In other words, it is fairer – and more effective from the standpoint of public safety – to not impose an overly-harsh and disproportionate sentence on a young offender who has little or no history of prior offenses. 

That is why this Committee has a history of bipartisan support for the Juvenile Accountability Block Grant program. 

           

Although the authorization for the program expired several years ago, it deserves to be reauthorized and our continued support as one of the ways the federal government provides assistance and guidance to states on their juvenile justice systems. 

This program fits within a framework of other initiatives targeting specific issues in order to support these systems and safeguard the rights of young offenders.

And there are other steps that we must take, even as we work to reauthorize this worthy program today. 

To that end, I remain committed to working with the Chairman and my colleagues on the Committee to strengthen our common interest in ensuring appropriate treatment of young offenders.

H.R. 68 is an important contribution to achieving that critical goal.  

           

Accordingly, I ask my colleagues to join me in supporting this bill and I yield back the balance of my time.

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CONYERS, Jackson Lee Commend President Obama For Additional Commutations Of Sentences,Call For Congressional Action On Sentencing Reform

Washington, D.C. - Today, House Judiciary Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) released the following statements after the White House announced the commutation of the sentences of 42 individuals:

Dean of the U.S. House
of Representatives
John Conyers, Jr.

Praising the action taken by the President, Congressman John Conyers, Jr. stated, “While I have been working with my colleagues in Congress to develop and adopt bipartisan legislation to reform our sentencing laws, and to improve other aspects of our criminal justice system, President Obama continues to take important steps to reduce sentences of those already incarcerated when appropriate.  I appreciate his consistent commitment to addressing these cases by using his constitutional authority to commute sentences, which is the just and fair approach to take.  To help address the problem of unfair sentencing and overincarceration, the President has urged Congress to act on the pending bills that would do so, and I ask that Congress answer that call without further delay.” 

Congresswoman Sheila Jackson Lee said, “I am encouraged by President Obama’s commutation of sentences of 42 individuals today – who were all victims of unjust sentencing.  Nearly all of these men and women would have been released and contributing back to society already had they been convicted under today’s laws or reform proposals. I welcome and applaud the commutations of the sentences of these individuals.  Incarcerating people for unwarranted lengths of time serves no constructive purpose.  The President has recognized this, as has Attorney General Loretta Lynch, and I hope the Administration’s Clemency Project will continue to address the multitude of cases in which sentence reductions are appropriate.”

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Reps. Grayson, Conyers Introduce Voter Restoration Act

~5.8 million Americans cannot vote because of felony convictions ~

WASHINGTON D.C.  – Today, Congressman Alan Grayson (D-FL09) and Congressman John Conyers, Jr. (D-MI) introduced H.R. 5352, the No One Can Take Away Your Right to Vote Act of 2016. This legislation will reinstate voting rights to Americans who have been shut out of the political process as a result of criminal convictions. Congressman Keith Ellison (D-MN) also signed onto the bill as an original co-sponsor.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“Denying voting rights to ex-offenders robs them of the opportunity to fully participate and contribute to their society,” said Congressman John Conyers.  “In the past two election cycles, flawed voter purges have deprived thousands of legitimate voters of their rights.  To continue denying them the ability to reclaim rights as citizens resurrects historic unenlightened practices of our society. Just like poll taxes and literacy tests, it is long past time that these restrictions be relegated to unenlightened history.”

“It’s a bill about redemption, about giving second chances and about closure,” said Congressman Grayson. “We can’t have first-class citizens and second-class citizens in America. Under our Constitution everyone, even convicted felons, are entitled to equal protection under the law.”

This legislation will amend the National Voter Registration Act of 1993, by prohibiting states from disqualifying individuals convicted of criminal offenses from voting in federal and local elections, and from registering to vote, with the exception of those convicted of murder, manslaughter, or sex crimes. Nationwide, 5.8 million Americans cannot vote because of felony convictions.

No One Can Take Away Your Right to Vote Act 2016

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CONYERS Sensenbrenner, Goodlatte, Jackson Lee, Walberg, Roskam Unveil Bill to Protect Americans’ Property Rights

Civil asset forfeiture reform is part of the House Judiciary Committee’s criminal justice reform initiative

Washington, D.C. – As part of the House Judiciary Committee’s bipartisan criminal justice reform initiative, Crime, Terrorism, Homeland Security, and Investigations Subcommittee Chairman Jim Sensenbrenner (R-Wis.), House Judiciary Committee Chairman Bob Goodlatte (R-Va.), Ranking Member John Conyers (D-Mich.), Crime Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), Representative Tim Walberg (R-Mich.), and Representative Peter Roskam (R-Ill.) today introduced bipartisan legislation to protect Americans’ property rights through civil asset forfeiture reform. 

In order to strengthen protections for Americans’ property, H.R. 5283, the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 (Due Process Act),provides much needed reforms to federal civil asset forfeiture programs, increases accountability and oversight of seizures and forfeitures, and strengthens protections for Americans whose property has been seized by law enforcement agencies.

Ranking Member Conyers, Crime Subcommittee Chairman Sensenbrenner, Chairman Goodlatte, and Crime Subcommittee Ranking Member Jackson Lee praised the introduction of the Due Process Act in the statements below.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

Ranking Member Conyers: “It has increasingly become apparent that the procedures in federal law governing civil forfeiture are inadequate and unfair, and therefore I am proud to cosponsor the Due Process Act.  We must change federal law so that the burden is on the government to prove that a property owner is not innocent, to raise the burden of proof, to afford initial hearings to property owners to determine whether a seizure is legal or would pose an undue hardship, and to make other improvements consistent with due process. There will be more to consider in the future, but this bill is a significant step toward rebalancing the scales with regard to a process that is too-often abused.” 

Crime Subcommittee Chairman Sensenbrenner: “Forfeiture is a critical tool in the fight against crime, but it is also vulnerable to abuse. The Due Process Act, among other things, will increase transparency and add protections for innocent property owners, including the opportunity to contest seizures and regain illegally seized property immediately. Reform to the current federal forfeiture laws is necessary to curb abuse, restore confidence in law enforcement, and help citizens protect their property rights.”

Chairman Goodlatte: “In recent years, there have been several incidents in which innocent Americans have had their property or money improperly seized by law enforcement. While asset forfeiture is a useful law enforcement tool, abuses of it clearly show that reform is needed now to better protect Americans from having their property wrongfully seized.

“The Due Process Act rightfully reforms civil asset forfeiture to prevent incentives to wrongly seize Americans’ property. The bipartisan bill also strengthens protections for Americans who have had their property confiscated by law enforcement and increases the accountability and transparency of this law enforcement tool. I look forward to taking this bill up in Committee soon and thank the many members, including Representatives Sensenbrenner and Walberg, who have worked on and championed this important issue.” 

Crime Subcommittee Ranking Member Jackson Lee: “I am pleased to join with the Crime Subcommittee Chairman, Jim Sensenbrenner, the Chairman of the Judiciary Committee, Bob Goodlatte, and our Committee’s Ranking Member, John Conyers, Jr., in introducing bipartisan legislation to reform our federal civil forfeiture laws.  We must make important changes to the procedures and standards that determine when the government may take property from those not charged with a crime.  For instance, it is critical that we give greater opportunity to innocent property owners to successfully challenge unwarranted forfeiture and the burden should not be on them to prove their innocence.”

Key Components of the Due Process Act:

Reforms federal civil asset forfeiture programs

·         Enhances procedural protections of forfeiture proceedings in both civil and administrative settings and prevents government overreach

·         Increases the government’s burden of proof in civil asset forfeiture cases to help protect innocent victims

Strengthens protections for claimants

·         Creates a right to counsel for Americans in all civil asset forfeiture proceedings

·         Provides that a claimant may recover attorney’s fees in victorious cases against a government forfeiture

·         Speeds up the process for the government to notify the property owner of a seizure

·         Expands protections to innocent owners by requiring the government to prove the connection between the property and the offense and that the property was used intentionally in order to seize it

Increases accountability and oversight of seizures and forfeitures

·         Requires the Inspector General to conduct a yearly audit on a representative sample of federal civil forfeitures to ensure they are being conducted within the letter and spirit of the law

·         Requires the creation of two federal databases on forfeitures in order to make information more readily available to the public, including a catalog of federal forfeitures to assist those whose property has been seized and to provide broad details on the types of forfeiture, agencies involved, and the conduct that lead to forfeited property

Original cosponsors of the bill are Representatives Steve Chabot (R-Ohio), Doug Collins (R-Ga.), Darrell Issa (R-Calif.), J. Randy Forbes (R-Va.), Trent Franks (R-Ariz.), Steve Cohen (D-Tenn.), Hank Johnson (D-Ga.), Jim Jordan (R-Ohio), Raul Labrador (R-Idaho), David Trott (R-Mich.), Mimi Walters (R-Calif.), and Cedric Richmond (D-La.).

U.S. House Due Process Act of 2016 by Beverly Tran

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Conyers and Jackson Lee Praise President Obama’s Action to Commute Sentences, Continue Work to Pass Legislation to Reform Sentencing Laws

WASHINGTON- Today, House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) released the following joint statement after the White House announced the commutation of the sentences of 61 individuals:

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“We applaud the commutations announced today and commend the President’s continued commitment to using his constitutional authority to reduce sentences when appropriate.  During his time in office, he has now commuted the sentences of 248 individuals – more than the previous six presidents combined.  President Obama and Attorney General Loretta Lynch recognize that incarcerating people for unwarranted lengths of time serves no constructive purpose and that we need to take meaningful steps, including sentencing reform, to make our criminal justice system more just and, at the same time, more effective. We are pleased to be working with them in this effort as Congress continues its bipartisan initiative to adopt legislation to address the problems of unfair sentencing and over-incarceration.” 

Visit www.WhiteHouse.gov for more information.

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House Judiciary Committee Approves Bipartisan Prison Reform Legislation

Bill is part of the House Judiciary Committee’s criminal justice reform initiative

Washington, D.C.  – The House Judiciary Committee today approved by voice vote the Corrections and Recidivism Reduction Act (H.R. 759) to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. This legislation is one of many bills that have been approved by the House Judiciary Committee as part of its bipartisan criminal justice reform initiative.

At the markup, the Committee adopted a bipartisan amendment in the nature of a substitute that was offered by House Judiciary Committee Chairman Bob Goodlatte (R-Va.), Ranking Member John Conyers (D-Mich.), Congressman Jason Chaffetz (R-Utah), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Ranking Member Sheila Jackson Lee (D-Texas), Crime, Terrorism, Homeland Security, and Investigations Subcommittee Chairman Jim Sensenbrenner (R-Wis.), Representative Cedric Richmond (D-La.), Representative Doug Collins (R-Ga.), Representative Hakeem Jeffries (D-N.Y.),  Representative Trey Gowdy (R-S.C.), and Representative Karen Bass (D-Calif.).

Below are statements from the authors of the legislation praising today’s Committee approval of the bill.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

Ranking Member Conyers: “I am pleased that the Committee has continued its work on criminal justice reform legislation by approving a bipartisan bill to reform our federal prisons. This bill will provide a meaningful opportunity to many offenders to reduce their time in prison through successful participation in various programs that will reduce their risk of recidivism. For too long, our prisons have simply warehoused individuals whom we know will eventually return to society and, for their benefit and ours, it simply makes sense that we provide incentives for prisoners to be better prepared to re-enter and be productive members of their communities. Adoption of this bill by the Committee is a good first step toward making our federal prison system more humane, more effective, and less costly.  I look forward to House consideration of this and other criminal justice reform bills.”

Chairman Goodlatte: “Today the House Judiciary Committee approved another important component of its bipartisan criminal justice reform initiative. The Corrections and Recidivism Reduction Act makes meaningful reforms to the prison system that strengthen the safety of our communities and provide inmates the help that they need while in prison to help them better reenter society upon their release. I thank the many members that have worked on this bill and look forward to continue working on other issues facing the criminal justice system.”

Rep. Chaffetz: “It is not enough to be tough on crime. We have to be smart on crime. More than 95 percent of people that go to prison will be released. Our collective goal should be to lower the recidivism rates and prepare inmates to integrate back into our communities. We all benefit if inmates gain marketable skills rather than criminal insights during their sentence. This legislation will facilitate integration while saving taxpayers money.”

Crime Subcommittee Ranking Member Jackson Lee: “Recidivism is a multi-tiered problem with no easy answer. The legislation passed by the committee today is an excellent first step in the direction to helping former inmates. The bill reflects many of the provisions that I fought for including parenting skills and re-entry plans to name a few. Many factors go into a former inmate’s decision to re-offend after release. It is important to note, however, that there have been many studies showing prison programs systems which provide institutional programming have lower recidivism rates among those who are released. Prison programs such as anger management, vocational skills training, educational opportunities, and even trauma support groups are vital to ensuring inmates who are reintroduced to the general population have the life skills necessary to stay on the right path. I look forward to this bill passing the House and going to the President’s desk for his signature.”

Crime Subcommittee Chairman Sensenbrenner: “The Corrections and Recidivism Reduction Act is an important component of our broad criminal justice reform efforts. Ensuring prisoners make a smooth transition from incarceration back into the population is imperative for strong families, strong communities, and long-term success. This bill will reduce the amount of taxpayer money spent on our broken federal prison system, make neighborhoods safer, and provide individuals with the tools they need to stay out of prison and be productive members of society.”

Rep. Richmond: “Being serious about reducing the prison population starts with making the necessary investment to rehabilitate and prepare inmates to lead productive lives once they return home. Increasing access to proven recidivism risk reduction programs will equip them with life skills that help keep ex-offenders from falling back into the same bad choices that landed them in prison in the first place. I’m proud to join my colleagues in getting the federal government out of the business of warehousing inmates and into the business of reforming and rehabilitating people.”

Rep. Collins: “Reducing the likelihood of recidivism through these reforms will be a step toward ending the vicious cycle in which so many former inmates find themselves trapped. The transforming power of a second chance is something I have seen during my time in the ministry. Giving qualified, low-risk offenders increased access to rehabilitative programs during and after their sentences will ultimately help lead them to live productive lives outside prison and increase public safety. This legislation also includes a provision that I co-authored to protect the fundamental right of attorney-client privilege by ensuring that electronic communications are treated the same way as other forms of privileged communication between an inmate and their legal representative. I believe all Americans have a right to legal representation, and interfering with that would be a violation of their Constitutional rights. These common sense reforms will save taxpayers money, while making our criminal justice system more effective.”

Rep. Jeffries: “We have a badly broken criminal justice system in America that has decimated countless families and wasted millions of taxpayer dollars. This bill is a significant first step in the right direction with respect to encouraging rehabilitation, promoting successful re-entry and improving the efficient administration of government funding. The country will be a better place when this legislation is enacted into law.”

Rep. Gowdy: “H.R. 759 is an important step toward creating a smarter and more effective federal prison system. It incentivizes individuals to take steps to reduce their risk of ending up back in federal prison while implementing new policies to enhance public safety and prison security. It also protects inmates’ civil liberties by respecting attorney-client privilege in electronic communications. I thank my colleagues for their hard work on this bipartisan legislation and look forward to continuing to work with them to improve our federal prison system.”

Rep. Bass: “Restraining pregnant inmates, especially when they are giving birth, is barbaric. It is ludicrous to think that a woman prisoner giving birth would be at risk of escaping. I am glad that the final bill contains language that I authored that will prevent women prisoners from being restrained unnecessarily while they are pregnant or giving birth. Several states have already outlawed this practice, and the federal government should as well.”

Key Components of Corrections and Recidivism Reduction Act:

Strengthens Public Safety:

·         The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmate’s risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement – such as a halfway house or home confinement – at the end of their prison sentence. 

·         Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others.

Enhances Prison Security:

·         The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level.

·         The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms.

·         The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers.

Provide Inmates the Help They Need:

·         The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs.

·         It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment.

·         The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law.

·         The bill codifies BOP’s rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others.

Protects Civil Liberties:

·         The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.

Learn more about the House Judiciary Committee’s criminal justice reform initiative here.

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