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 Statement for the Hearing, “Combating Crimes against Children: Assessing the Legal Landscape,” by the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations

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

Today’s hearing by this subcommittee will discuss the serious and disturbing issue of the criminal victimization of children.  With all of our efforts to fight the various forms of child exploitation, it continues to be a threat to our young people. 

However, we have developed strategies to both prevent and respond to these crimes, and to assist the many children who are victims.  I trust we will learn about the strategies that are working and how we can do better. 

In April of last year, the Department of Justice reported to us that the main threats in this area in the next five years will be:  child pornography, sextortion, child sex trafficking, sex offender registry violations, and child sex tourism.

The response to these crimes involves an intricate network of federal, state, and local law enforcement and prosecutorial agencies, and private, nonprofit organizations and advocates, supported by direct federal funding authorizations and grant programs, all working together to keep our youngest constituents safe from harm.

Today we will hear from individuals, representing some of the entities involved in this very necessary mission.  Their roles illustrate the ways we can do more and do better. 

First, we in Congress must recognize that, while we can enact federal legislation, state and local law enforcement are on the front lines and we must support their partnerships with federal agencies.  The Internet Crimes against Children Task Force program, funded through the Justice Department’s Office of Juvenile Justice and Delinquency Prevention, provides training and technical assistance and regularly conducts undercover online investigative operations.

Since Congress mandated creation of this program, 3,500 federal, state, and local law enforcement and prosecutorial agencies have joined to form 61 coordinated regional task forces.  These task forces are especially important now, because we are seeing a tremendous increase in crimes perpetrated against children on the Internet.

Detective Patrick Beaver, from the Loudon County Virginia Sheriff’s Office, will speak with us today about the successes his office has had working with the Northern Virginia Internet Crimes Against Children Task Force to conduct an operation targeting internet predators last year.

Next, we must provide specialized assistance to families, victims, and law enforcement to help prevent child abductions, recover missing children, identify and assist victims of child pornography and child sex trafficking.  That is the mission of the National Center for Missing and Exploited Children, and we will hear from their representative today about what they are experiencing in providing this assistance. 

As a former local and federal prosecutor, Ms. Francey Hakes will also help tell us about the challenges at the state and federal levels in fighting these crimes and enforcing our laws. 

All of this will help us as we consider legislation to amend and reauthorize important statutes such as the Adam Walsh Act and the Trafficking Victims Protection Act.  

Clearly, we must do more to prevent and investigate these crimes – and especially assist their many victims.  When we do apprehend and convict offenders, we must recognize that most of them will be released back into society at some point.  

The Sex Offender Registration and Notification Act is intended to establish a nationwide system of monitoring and tracking sex offenders, particularly after they are released from prison.  Currently, there are over 850,000 registered sex offenders in this country.

If we are going to have such a system, we must ensure that it is used in appropriate circumstances and in the most effective manner.  However, only 17 states are in substantial compliance with its requirements.

States, policy makers, researchers, and advocates continue to object to the requirements established by SORNA for many reasons.

One of the most pervasive criticisms of SORNA is the inclusion of juveniles on registries. Ms. Nicole Pittman is here with us today to discuss the real impact of juvenile registration – on the juveniles, their families, and the overall effectiveness of SORNA.

Thank you, Mr. Chairman, for holding this hearing on this important topic.  We all wish that child exploitation could be eradicated, but the problem persists.  With what we learn today, I hope we can work together to come closer to achieving our goal.

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Bipartisan Coalition of House Members Introduce Legislation to Ban Juvenile Solitary Confinement

MERCY Act Would Prohibit Solitary Confinement of Juveniles Tried in Federal System 

Washington, D.C. (Feb. 7, 2017)—Today, Reps. John Conyers (D-MI), Elijah E. Cummings (D-MD), Mia Love (R-UT), Raúl Labrador (R-ID), Sheila Jackson Lee (D-TX), Sean Patrick Maloney (D-NY) and Karen Bass (D-CA) introduced the Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2017 (MERCY Act).  The MERCY Act would prohibit the solitary confinement of juveniles who are tried in the federal system and held in pretrial facilities or juvenile detention facilities, barring some extremely exceptional temporary circumstances.  Sens. Cory Booker (D-NJ), Rand Paul (R-KY), Mike Lee (R-UT), James Lankford (R-OK), Richard Durbin (D-IL), and Bob Casey (D-PA) introduced the bill in the Senate.

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

Conyers said, “We must reinforce actions taken by President Obama last year with respect to solitary confinement of juveniles in the federal system  by enacting legislation to address this serious issue.   As he noted, solitary confinement has the potential to lead to devastating, lasting psychological consequences, and this is particularly so with respect to juveniles.  Over time, we have come to recognize these negative impacts and it is time that Congress act.  Pursuing smarter strategies for dealing with challenges posed by individual prisoners, especially juveniles, will lead to more effective prison administration, a reduction in recidivism, and safer communities. ” 

“When our youth are incarcerated, they are often already forced to reckon with the stark reality of the consequences of their actions—such as being separated from their friends and family and grappling with uncertain futures,” Cummings said.  “Compounding incarceration with solitary confinement can break a young person’s spirt beyond repair, and it can have devastating long-term impacts on their mental and physical health.  The MERCY Act will take a strong step toward eliminating this barbaric practice, so that we can ensure our youth have a chance to be rehabilitated and become contributing members of their communities.”

“Our corrections system should not just administer justice but also aim to rehabilitate – not create new or exacerbate existing problems,” Love said.  “Unfortunately, extended solitary confinement is linked to a host of long-term psychological issues. By ending its long-term use, this legislation preserves the dignity of individuals and protects their mental health. I am proud to join with my colleagues in introducing this legislation and look forward to helping move these reforms forward.”

Labrador said, “Reforming our criminal justice system demands a focus on long-term outcomes. Solitary confinement of juveniles presents serious risk to the mental and physical health of young offenders who will return to our communities. We must ensure that incarceration practices don’t hinder their development as we work to set them on a path to become responsible, law-abiding members of society.”

“I am glad to see meaningful criminal justice reform incorporate the valuable insights offered by the MERCY Act in the pursuit of policy change to remedy the inhumane and harsh treatment suffered by juveniles and youth involved in our justice system,” Jackson Lee said. “I am delighted to be an original co-sponsor of this critical legislation and much needed effort to alleviate the cruel, brutal and inhumane conditions of confinement that prevent adolescent rehabilitation and participation in reentry programming.  As I have often stated in the past, ‘meaningful criminal justice reform must look at all the ways the system touches the lives of our young people and communities and recognize that restoring their vulnerable population requires trauma-informed and age appropriate care.  This legislation is step toward catapulting this nation into action on criminal and juvenile justice reform.”

“Our criminal justice system is broken, especially when it comes to how we approach juvenile offenders – focusing on retribution instead of rehabilitation,”Maloney said. “Holding children and adolescents in solitary confinement is barbaric, detrimental to their health and can be extremely harmful to their development both mentally and physically. The MERCY Act takes an important step towards breaking the cycle of incarceration and gives young offenders the opportunity to become contributing members of our schools and community after they have served their time.”

“The MERCY Act rightly calls attention to the need for smart reform and trauma-informed care for all justice-involved youth and is a necessary piece of legislation that aims to eliminate harmful and dangerous confinement practices for this vulnerable population.  It is time we start addressing the underlying issues of trauma and abuse, as well as the emotionally damaging triggers of adolescent behaviors in a humane and medically informed way. The bottom line here is that cruel and inhumane conditions of confinement for youth in America must stop,” Bass said.

The solitary confinement of young people is a serious and widespread problem in the United States. Each day, in jails and prisons across America, youth under the age of 18 are held in solitary confinement often for weeks or months at a time. In 2011 alone, more than 95,000 youth were held in prisons and jails, and a significant number were held in solitary confinement. In 2013, the Department of Justice found that 47 percent of juvenile detention centers locked youth in solitary confinement for more than four hours at a time, and some held youth for up to 23 hours a day with no human interaction.

When subjected to solitary confinement, adolescents are often denied access to treatment and programming that would meet their psychological, developmental, and rehabilitative needs. Because youths are still developing, solitary confinement often seriously harms their mental and physical health, as well as their development.

The Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act (MERCY Act):

·         Bans Juvenile Solitary Confinement. The MERCY Act bans the use of “room confinement” in juvenile facilities, except as a temporary response to a behavioral issue that poses serious and immediate risk to any individual.

·         Requires Use of Less Restrictive Techniques. The bill ensures that before a juvenile is placed in room confinement, the staff member must use less restrictive techniques, including de-escalation techniques or discussions with a qualified mental health professional.

·         Encourages Transparency. The bill mandates that the juvenile be informed of why the room confinement placement occurred and that release will occur upon regaining self-control or after a certain period of time in solitary confinement.  It also requires that the juvenile’s attorney and parents be notified when certain actions are taken.

·         Places Time Limits on Usage of Confinement. The MERCY Act limits solitary confinement on juveniles that pose a risk of harming others to no more than 3 hours and to juveniles who pose a risk of harm to themselves to no more than half an hour. It requires that juveniles be removed from room confinement once the risk of harm subsides.

·         Sets Minimum Conditions of Confinement. The bill ensures that the room used for room confinement in exceptional circumstances have adequate space, lighting, heating, cooling, ventilation, and access to water, toilet facilities, and hygiene supplies.

·         Requires Post-Confinement Services. After the maximum period of confinement, the bill mandates that juveniles be transferred to a facility where services can be provided.

·        Requires an Analysis. The MERCY Act requires that the Attorney General submit a detailed report to Congress on uses of force, restraints, and room confinement for juveniles.

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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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House Democrats introduce Fair Day in Court for Kids Act

Click here to watch the video of the press conference

WASHINGTON, D.C – Today, 54 House Democrats, led by U.S. Representatives Zoe Lofgren (D-Calif.), Luis V. Gutiérrez (D- Ill.), and Lucille Roybal-Allard (D-Calif.), introduced new legislation – a companion to similar legislation in the U.S. Senate – to protect children and other vulnerable groups in immigration proceedings by ensuring access to counsel, legal orientation programs, and case management services.

The Fair Day in Court for Kids Act ensures due process for children and vulnerable individuals, and offers an alternative to ICE raids that risk sending individuals to dangerous countries where they face threats of violence, abuse, or even death.

The members were joined by U.S. Representatives John Conyers Jr. (D-Mich.), Alma Adams (D-N.C.), and Judy Chu (D-Calif.) at a press conference this morning to announce the new legislation (video in link).

Under current law, there is no right to appointed counsel in immigration removal proceedings, even if the respondent is a child.  Statistics show the overwhelming majority of children without attorneys are ordered deported while children with attorneys are five times more likely to be granted protection. Advocates assert that a child’s constitutional right to “due process” cannot be met without legal representation.

The Fair Day in Court for Kids Act:

1. Requires the government to appoint counsel to children, and vulnerable individuals, including those with disabilities and victims of abuse, torture, or violence.
2. Requires the Department of Homeland Security (DHS) and the Attorney General to establish procedures to ensure that legal orientation programs are available to all detained immigrants.
3. Creates a case management pilot project to increase court appearance rates.
4. Requires DHS to submit reports to Congress on the number of individuals identified in the Act who were represented by counsel and the number of individuals who received legal orientation presentations.

Fair Day in Court for Kids Section by Section

Fair Day in Court for Kids Act

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Reps. Conyers, Scott, Nadler and Cohen Ask DOJ to Have 2007 OLC RFRA Opinion Reconsidered

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

WASHINGTON - Yesterday, House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI), House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet Ranking Member Jerrold Nadler (D-NY), House Education and Workforce Committee Ranking Member Bobby Scott (D-VA) and House Judiciary Subcommittee on the Constitution and Civil Justice Ranking Member Steve Cohen (D-TN) issued a letter to U.S. Attorney General Loretta Lynch asking the Department of Justice (DOJ) to follow-up on a request to instruct the Office of Legal Counsel (OLC) to review and reconsider an opinion issued on June 29, 2007. The opinion has been interpreted to permit federally funded faith-based organizations to use the federal Religious Freedom Restoration Act (RFRA) to override statutory employment nondiscrimination laws.  

The 2007 opinion, based on flawed analysis, found that RFRA was “reasonably construed” to permit World Vision, a religiously-affiliated federal grant recipient, to refuse to hire non-coreligionists for jobs that were funded by taxpayer money even though the statute governing the grant explicitly prohibited such religious hiring discrimination.

In the letter, the Members express that they are “…deeply concerned that the OLC opinion is being cited with increasing frequency to protect discriminatory employment practices in cases beyond the specific grant at issue in the opinion.”  The letter continues, “while the OLC opinion specified that its conclusion was ‘limited to the issuance of this grant to World Vision,’ it has since been used to justify hiring discrimination practices in other Justice Department programs such as the Violence Against Women Act, and in programs run by other federal agencies.”

“Although the OLC opinion is now more than eight and half years old, it remains problematic because it continues to be cited to justify blanket exemptions to nondiscrimination provisions in federally-funded programs,” said the lawmakers.

Conyers Letter to Attorney General Lynch Regarding Discrimination and the Religious Freedom Restoration Act...

World Vision Application of the Religious Freedom Restoration Act to the Award of a Grant Pursuant to the...

Video of the November 17, 2015 Oversight of the United Department of Justice full committee hearing is available here.

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Statement of the Honorable John Conyers, Jr., for the Markup of H.R. 1854, the “Comprehensive Justice and Mental Health Act of 2015"

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

“H.R. 1854, the ‘Comprehensive Justice and Mental Health Act of 2015,’ reauthorizes funding for and updates the Mentally Ill Offender Treatment and Crime Reduction Act of 2004. 

“I support this bipartisan bill for several reasons. 

“To begin with, the legislation recognizes the fact that approximately 45% of federal inmates, 56% of state inmates, and 64% of jail inmates display symptoms of mental health conditions.   Of the approximate 11 million people who cycle through our Nation’s local jails annually, anywhere between 16% to 60% of this population have mental illness treatment needs. 

      

“In addition, studies indicate that mentally-ill prisoners tend to stay in jail longer than those without mental illnesses, return to jail more often, and cost local jurisdictions more money while incarcerated.

“The grants authorized by this legislation pertain to various aspects of the criminal justice spectrum, ranging from pre-booking to transitional programs addressing reentry after a prisoner has served his or her sentence.  These grants fund specialized law enforcement-based response programs, mental health courts and other court-based initiatives, jail-based programs, and programs for youth involved in the Juvenile Justice System. Another reason why I support H.R. 1854 is that it expands grants for veterans in the criminal justice system.  

“Specifically, the bill would authorize veterans treatment courts and related programs to help those who have served our Nation, but who are arrested and exhibit behavioral or mental health conditions, including substance addiction, post-traumatic stress disorder, and mental health conditions manifesting from traumatic brain injuries.

“Veterans courts help facilitate the diversion of veterans out of the criminal justice system where they can be directed to more appropriate mental health treatment.

 “By funding these specialized programs, H.R. 1854 will enhance our criminal justice system’s ability to meaningfully address the unique mental health needs of our veterans.       

 “Our veterans who suffer from post-traumatic stress disorder, substance addictions, and other mental health conditions deserve better than being warehoused in our jails and prisons.

“Finally, H.R. 1854 authorizes continued grant funding for the training of law enforcement and correctional personnel to identify and appropriately respond to the mentally ill. 

 “This saves lives and money.  It also supports our long-term goals of criminal justice reform by reducing the number of individuals in jails and prisons and by promoting better relations between law enforcement and the public.

“Law enforcement grant programs fund the development of curricula for police academies and crisis intervention team programs that significantly help to lower the cost of mental health crisis police responses. 

“And, grant programs for correctional officers recognize the crucial role officers play in identifying those inmates who are in need of mental health treatment and are at risk for abuse in a custodial setting.  Our correctional officers need the appropriate training and tools in order to respond to a mental health crisis, to provide for the safety of the mentally ill, and to deliver appropriate treatment and medications.   

 “Accordingly, I support H.R. 1854 and urge my colleagues to support this important legislation.”

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Goodlatte & Conyers to Unveil Criminal Justice Reform Legislation This Week; Press Conference October 8, 2015

U.S. House Judiciary Committee Criminal Justice Reform

Washington, D.C. – House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Ranking Member John Conyers (D-Mich.) issued the following joint statement on the House Judiciary Committee’s bipartisan criminal justice reform initiative and announced a press conference for October 8, 2015.

“For the past several months, the House Judiciary Committee has been working on a bipartisan basis on several bills to ensure our federal criminal laws and regulations appropriately punish wrongdoers, are effectively and appropriately enforced, operate with fairness and compassion, protect individual freedom, safeguard civil liberties, work as efficiently as possible, do not impede state efforts, and do not waste taxpayer dollars.

“As a result of this work, we are pleased to announce that we, along with Crime Subcommittee Ranking Member Sheila Jackson Lee and a bipartisan group of leaders on this issue, will introduce companion legislation to the sentencing reform portion of the Senate bill unveiled last week by Senators Grassley, Durbin, Cornyn, Leahy, and others.

“We are also continuing our work on additional bills that address other aspects of our criminal justice system, including over-criminalization, prison and reentry reform, including youth and juvenile justice issues, improved criminal procedures and policing strategies, and civil asset forfeiture reform and we expect to roll out more bills addressing these topics over the coming weeks.”

Press Conference Details: On Thursday, October 8 at 9:15 a.m., Chairman Goodlatte, Ranking Member Conyers, Congresswoman Sheila Jackson Lee, and other Committee members will hold a press conference to unveil bipartisan sentencing reform legislation.  It will be held in HVC Studio A (HVC 114). Members of the media planning to cover should RSVP to Jessica Collins at jessica.collins@mail.house.gov.

Additional Background: In June 2015, building upon the work of the Committee’s Over-Criminalization Task Force, Chairman Goodlatte and Ranking Member Conyers announced a criminal justice legislative reform initiative to address problems within our nation's criminal justice system.  The House Judiciary Committee then held a criminal justice reform listening session and heard from over a dozen Members of Congress on this issue.  More information on the House Judiciary Committee’s work on criminal justice reform can be found here.

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Conyers and Jackson Lee Unveil Package of Legislation to Reform Policing Practices and Youth Incarceration

Washington, D.C. – Today, House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX) held a press conference to unveil H.R. 2875, the Law Enforcement Trust and Integrity Act of 2015 and a package of three bills to reform youth incarceration. 

The Members were joined by Gregory Thomas, President of the National Organization of Black Law Enforcement Executives (NOBLE); Julie Stewart, President of the Families Against Mandatory Minimums (FAMM); Hilary Sheltonwith the National Association for the Advancement of Colors People (NAACP), Dr. Michael Lomax, President and CEO of the United Negro College Fund (UNCF); Rev. Aundreia Alexander of the National Council of Churches; and Venidaand Raheem Browder, family of Kalief Browder.

“Over the last two years, there has been an increase in the number of our citizens that recognize faults in our nation’s criminal justice system and demand change.  The introduction of the Law Enforcement Trust and Integrity Act (LETIA) responds to diminishment of public confidence in law enforcement, particularly at the state and local level,” said Conyers.  “It is clear that improved national standards are necessary to address the ever-growing catalogue of incidents such as the case of Sandra Bland in Waller County, Texas where a routine traffic stop led to an arrest and a death-in-custody 72 hours later.  It is critical that we adopt smarter approaches to dealing with those involved with the criminal justice system.”

“It is imperative that we in Congress act swiftly and decisively to tackle the issues plaguing our criminal justice system and causing great rifts between communities and law enforcement.  By focusing on providing key resources and developing comprehensive legislative proposals that will improve policing strategies and rebuild trust between law enforcement and the communities that they serve, we can restore faith in the American criminal justice system,” said Jackson Lee.

Specifically, H.R. 2875, Law Enforcement Trust and Integrity Act of 2015 aims to:

·         Help improve standards for law enforcement accreditation and encourage law enforcement agencies to obtain accreditation.

·         Provide grants to state and local government and private organizations to develop pilot programs to implement best practices focused on law enforcement recruitment, training, hiring, management, and oversight of officers.

·         Authorize funding assistance to the Justice Department’s Civil Rights Division and Community Relations Service.

·         Create a task force within the Justice Department to coordinate investigations and cases involving instances of law enforcement misconduct that violates federal law.

·         Establish better data collection concerning traffic stops, pedestrian stops and detentions, and use of deadly force by andagainst law enforcement officers.

At the press conference, Rep. Jackson Lee introduced three bills that focus on sentencing and incarceration in the federal system, expungement and sealing of federal convictions, and humane confinement of youth.  The legislation package is:

H.R. 3158, the Reforming Alternatives to Incarceration and Sentencing to Establish A Better Path for Youth Act of 2015 (RAISE Act):

·         Expands the mandatory minimum safety valve for nonviolent incarcerated youth

·         Increases the length of time an incarcerated youth can serve home confinement and expands the use of home confinement generally

·         Ends mandatory life imprisonment for incarcerated youth and creates a review mechanism after 20 years for incarcerated youth serving decades long sentences to be transferred to supervised release

·         Directs the Bureau of Prisons to provide specialized housing and programs for incarcerated youth

·         Establishes pilot programs to give incarcerated youth the opportunity to receive mentorship and to obtain skills through government and community service

·         Establishes pilot diversion programs for incarcerated youth who are high-risk, victims, or caretakers

·         Limits the length of time an individual can be incarcerated for technical probation violations

H.R. 3156, The Fair Chance for Youth Act of 2015:

·         Allows formerly incarcerated youth to petition  and seek for expungement of federal misdemeanor and nonviolent drug offense convictions and sealing of federal nonviolent convictions

H.R. 3155, The Effective and Humane Treatment of Youth Act of 2015 or Kalief’s Law:

·         Named in recognition of Kalief Browder, a young man who committed suicide after years of inhumane treatment in the Riker’s Correctional Facility, including two years of solitary confinement, would reauthorizes the Juvenile Accountability Block Grant program.

·         Requires states receiving juvenile grant funding to implement policies and procedures to provide a right to speedy trial and timely bail consideration, and to ban youth solitary confinement

·         Bans the use of solitary confinement for youth in federal facilities and allows the use of temporary separation in limited exigent circumstances that meet strict requirements

·         Requires federal law enforcement to record all custodial interrogation of youth in federal custody and establishes preservation requirements and admissibility rules for such recordings

·         Authorizes federal grant funds to support the recording of custodial interrogations by states

·         Bans the shackling and restraint of youth during federal court appearances unless there are legitimate security concerns justifying the use of restraints

·         Requires states receiving federal grant funding to implement policies and training programs specific to police-youth interactions.

LAW ENFORCEMENT TRUST AND INTEGRITY ACT SUMMARY

Summary of Youth Incarceration Reform Legislation (7.21.15)

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John Conyers: Children are not adults - don't sentence them to prison as if they were

U.S. Representative
John Conyers, Jr.

By John Conyers, Jr. 

The United States is the only country that still regularly sentences children to life without parole.

Children who are sentenced to life without parole grow up, grow older and then die behind bars.

We should not be treating children in the criminal justice system as if they were adults. The U.S. Supreme Court has repeatedly held that irrespective of the severity of the crime, children simply do not have the same level of culpability as adults. Their physical, mental and emotional development is not the same. In addition, research shows that children possess a greater capacity for rehabilitation, change, and growth than adults.

For this reason, children require individualized treatment in the criminal justice system that is appropriate to their age and level of development. But mandatory life without parole prevents such an individualized approach — even if rehabilitation would have been feasible — and forces a child to spend his or her life and final moments behind bars.

In June 2012, the U.S. Supreme Court decided the landmark case of Miller v. Alabama. It held that “mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment’s prohibition on ‘cruel and unusual punishment’ and is unconstitutional.” In holding this practice unconstitutional, the U.S. Supreme Court researched the laws of other countries in addition to international norms, treaties and conventions.

Regrettably, Michigan is among the states with the largest populations of inmates serving life sentences for crimes committed as children.

A recent study from Second Chances 4 Youth and the ACLU of Michigan shows that, overall in Michigan, youth of color comprise only 29% of the youth population but represent 73% of those serving juvenile life sentences without parole. In Wayne County, according to a 2007 study, they represent 94% of the juveniles serving life without parole.

To look at these figures as only a criminal justice issue ignores the fact that this is also a civil rights crisis based on racial injustice. This, along with other criminal laws, operates as a new system of Jim Crow in this country.

In the 1980s and 1990s, the news media painted the face of the upcoming wave of violent, depraved and dangerous “super-predator children” as that of children of color. In the wake of that hysteria, Michigan passed some of the toughest juvenile justice laws in the country, which it still has — and still applies.

Despite the Supreme Court’s decision in Miller v. Alabama, the Michigan courts continue to refuse to grant retroactive relief to juvenile offenders living out mandatory life sentences without parole. This means that more than 360 juvenile offenders who were sentenced to mandatory life without parole are being denied a chance — even though that sentence would be illegal if imposed today. It also means that Michigan continues to violate the Eighth Amendment and international human rights standards.

I recognize that Michigan is not the only state facing this problem, but I believe that Michigan can lead the way to the solution.

Further, I call upon the Michigan Legislature to reexamine penalty provisions that allow for juvenile sentences of either discretionary life without parole or de-facto life without parole, that is, those numeric sentences that lock juveniles away for several decades of their life, effectively robbing them of their chance to be rehabilitated and get their young lives back on track.

Finally, I recommend that Michigan Attorney General Bill Schuette exercise considerable discretion with youth sentencing, to return a degree of flexibility, pragmatism and proportionality to each individual case. Specifically, I call upon Schuette to, as a policy matter, decline to seek discretionary life without parole or de facto life without parole sentences for juveniles. We can hold children accountable without warehousing them behind bars for the remainder of their lives.

For all of these proposals, I hope that other states follow Michigan’s lead in working to restore fairness to our juvenile justice system.

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