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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Statement of the Honorable John Conyers, Jr. Full Committee Markup of H.R. 3406, “the Second Chance Reauthorization Act”

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

“As a longtime champion of reentry and criminal justice reform, I am encouraged by the Committee’s continued bipartisan progress in moving reform legislation and today’s markup of H.R., 3406, the ‘Second Chance Reauthorization Act.’

“With its enactment under President George W. Bush in 2008, the Second Chance Act was Congress’ first major bipartisan step toward addressing the Nation’s exploding prison population.  I applaud Representatives Jim Sensenbrenner and Danny Davis of Illinois for their longtime efforts in supporting Second Chance legislation.

“The United States unfortunately remains the world's leader in incarceration, with 2.2 million people currently serving time in our nation's prisons or jails. 

“At current levels of incarceration, more than 630,000 individuals can be expected to return to their communities each year. 

“But, sadly, too few who return are adequately prepared for their release or receive the proper support services.  Moreover, the vast majority of these individuals are returning to neighborhoods that feature concentrated poverty and lack the necessary resources to support their successful re-entry.

“The decision to rely on incarceration as a key element of public safety policy has transformed American society by removing a disproportionate number of nonviolent minority offenders from their communities and diverting public resources from critical social programs. 

“Federal, state and local governments have also been forced to cope with prison overcrowding and are being overwhelmed by the burden of funding a rapidly expanding penal system, to the tune of more than $70 billion every year.

“The Second Chance Act was passed with the intent of encouraging the development of evidence-based re-entry programming to improve outcomes for offenders returning to their families and communities. 

“Since 2009, more than 600 Second Chance Act grant awards have been made to government agencies and nonprofit organizations from 49 states for reentry programs serving adults and juveniles. 

“As of June 2015, more than 137,000 people returning to their community after incarceration have participated in these programs.

“In my state of Michigan, I have met with grantees and have witnessed the positive impact Second Chance funded programs can have.  This fall, I also visited two prisons neighboring my district, where corrections officials all stressed the need for continuing federal support of re-entry programming like the Second Chance Act.

   

“Based upon the weight of reviews, the Second Chance program must be considered a success story and deserves our support.  The data compiled from program grantees has shown that an investment in our returning population lowers recidivism, saves money and reduces crime. 

“For this reason, Second Chance reauthorization legislation enjoys broad bipartisan support and is considered a key part of ongoing criminal justice reform.  It is also supported by the American Bar Association and more than 650 organizations across the national and political spectrum.      

“We are at a moment when we have the opportunity to make real progress on criminal justice reform. 

 “By de-politicizing the debate on crime and presenting holistic options for community development and crime reduction, we can break the cycle of incarceration that has decimated our communities.

“I thank the Chairman for bringing this important legislation before the Committee today and I urge my colleagues to join me in supporting it.”

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Reps. Conyers and Jackson Lee Applaud President Obama’s Use of Expanded Clemency

WASHINGTON – Today, House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI) and House Judiciary Subcommittee on Crime, Terrorism, Homeland Security and Investigations Ranking Member Sheila Jackson Lee (D-TX)released the following joint statement after the White House announced President Obama granted commutations to 46 individuals:

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

“We are encouraged by President Obama’s commutation of sentences of 46 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.

“Increased use of executive clemency power by the President highlights the need to reform federal sentencing policy for all Americans and reduce spending taxpayer dollars on our overcrowded prison system.  It is our sincere hope that the Administration’s Clemency Project will continue to address the multitude of cases for which sentence reductions are appropriate. 

“There are still thousands of prisoners serving unconscionably long sentences for non-violent offenses, most of them stemming from drug offenses.  We need to eliminate mandatory minimums by letting judges impose appropriate sentences based on the facts and circumstances of each case. 

“It is past time for us to get our fiscal and penal houses in order.  Several pieces of legislation that aim to reform our sentencing laws, our prison system, and non-incarceration rehabilitation have been introduced in this Congress.  We are heartened by the growing, bipartisan recognition of the problem of overincarceration and urge immediate consideration of these bills that would overhaul the criminal justice system for the better.”

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Conyers & Scott Hail Sentencing Commission’s Vote Providing Retroactive Fairness for Low Level Offenders

Conyers & Scott Hail Sentencing Commission’s Vote Providing Retroactive Fairness for Low Level Offenders

(WASHINGTON) – Today, the United States Sentencing Commission voted unanimously to apply a reduction in the sentencing guideline levels applicable to most federal drug inmates retroactively.  Unless Congress disapproves the amendment, beginning November 1, 2014, eligible inmates can ask courts to reduce their sentences.  Courts will review a number of individualized factors, including public safety, in consideration of whether to grant these reductions.  Inmates whose requests are granted by the courts can be released no earlier than a year later on November 1, 2015, to allow sufficient time for federal judges to closely review the facts and circumstances of each petition that is filed, for the Federal Bureau of Prisons to provide the necessary transitional services and opportunities to eligible inmates in support of successful reentry into society, and to the Office of Probation and Pretrial Services to prepare for the effective supervision of the releases.

U.S. House Judiciary Committee Ranking Member John Conyers, Jr. (D-Mich.) and Ranking Member of the Judiciary Subcommittee on Crime, Terrorism, Homeland Security and Investigations Robert C. “Bobby” Scott (D-Va.) had written to the United States Sentencing Commission on July 7, 2014 urging this action. The Commission acknowledged their letter, which was considered as the Commission deliberated on this proposal.

After the public announcements, Representatives Conyers and Scott issued the following statement:

U.S. Representative
John Conyers, Jr.

“We commend the United States Sentencing Commission’s unanimous vote today that fixes a flaw inherent in the drug sentencing guidelines since 1987, which has resulted in excessive sentences, and applies that fix retroactively to 46,290 currently incarcerated federal drug offenders.  Since 1987, the ‘low end’ of the calculated guideline drug sentence has actually been higher than the mandatory minimum prison term.  As a direct result, as the Commission has recognized, the drug guidelines have been higher-than-necessary for many years.  This amendment would bring federal drug guidelines into line with the mandatory minimums Congress created and is consistent with the Commission’s long and commendable track record of applying fixes to flawed amendments retroactively as it did in 1993 (LSD), 1995 (marijuana), 2007 (crack cocaine), and 2011 (crack cocaine). Justice should not depend on something as arbitrary as the date a person was sentenced, especially when the flaw being corrected has been present since the guidelines’ creation in 1987.

“Just the retroactive application of this amendment is projected to save $2.3 billion.  Our federal prisons are at over 132% overcapacity (and increasing every year).  Drug offenders represent 50% of the current federal prison population and over 66% of the increase in the federal prison population.  While these figures are staggering, the human cost has been even greater.  For decades, the federal ‘War on Drugs’ has been the primary engine of mass incarceration.  Drug convictions alone comprise more than 66% of the increase in our federal prison population.  This war has been waged almost exclusively in poor communities of color, even though studies have consistently shown---for decades---that people of color are no more likely to use or sell illegal drugs than Whites.    While national data show that people of all races use drugs at about the same rate, Black and Hispanic men and women are sentenced and imprisoned for federal drug offenses at disproportionately high rates, for virtually every kind of drug. For example, in FY 2013, Blacks and Hispanics comprised almost 75 percent of all federal drug offenders and more than 80 percent of offenders sentenced for powder cocaine, crack cocaine, and heroin offenses. Currently, almost 40 percent of all federal inmates are Black; 35 percent are Hispanic.

“The Commission’s historic vote today also seeks to right this disproportionate racial impact.  According to the Commission’s own retroactivity impact analysis, almost 75% of the people eligible for retroactive application of the ‘drugs minus two’ amendment are Black or Hispanic.  This action builds on the progress that the Judiciary Committee began, in the 111^th Congress, in passing the Fair Sentencing Act to reduce the arbitrary disparity in drug sentencing.

“To be clear, retroactive application will not jeopardize public safety as there are no automatic sentence reductions.  Courts will review each motion for sentence reduction presented to it and, when merited, deny retroactive sentence reductions to offenders who pose a danger to public safety, as they have previously done for other drug amendments.  Moreover, an inmate’s criminal history is already included in the guidelines calculation and the judge’s consideration and imposition of the sentence, including any enhancement or upward departure or variance.  Thus, the sentence the offender is serving is already calibrated to reflect and account for prior criminal records.  A retroactive reduction without restriction would be a reduction from a sentence that has already been increased due to criminal history.

“We commend the United States Sentencing Commission for unanimously voting to apply  for taking this historic first step, but in doing so we also call on Congress to lead the way for the United States to see lasting criminal justice reform. While this retroactive amendment to the advisory sentence guidelines offers relief to 46,290 inmates and to those who will be sentenced in the future, this amendment does not help those whose sentences were statutorily increased by mandatory minimums, enhancements, and consecutive counts.  To put this into perspective, in fiscal year 2012, 60% of federal drug defendants were convicted of offenses carrying mandatory penalties of some kind---oftentimes with several mandatory penalties at once.  To repair the damage caused by the unjust system of mandatory sentencing---the primary engine of mass incarceration in the federal system----Congress must work to eliminate or greatly reduce mandatory sentencing provisions, and restore judge’s discretion to avoid disproportionate sentences when mandatory penalties are charged. Again and again studies show that mandatory sentences discriminate against minorities, are ineffective at preventing crime, are inefficient from a cost perspective, and often require judges to impose sentences that violate commonsense. For these reasons, we have a moral obligation to put an end to mandatory sentencing and pass laws with proportional penalties that make sense. Only then will justice truly be restored to an American criminal system gone awry.  Repealing or reducing mandatory penalties will not only provide the more proportionate sentences that eligible offenders---particularly those of color---should have received to begin with, but also restore these offenders to their communities and families sooner, strengthening communities---particularly those of color---and increasing the perception – and reality – that the justice in our system applies equally to everyone, irrespective of race.”

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