We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
LAST WEEK ON CAPITOL HILL
Although S.J.Res. 47, sponsored by Sen Marsha Blackburn (R-TN) and 28 other Republican senators, has as much chance of passing as an Iranian drone has of surviving over Israel, the measure to force CARES Act home confinement people back to prison got pushback last week from the Law Enforcement Action Coalition, a group of police associations.
The group wrote to Senate Majority Leader Charles Schumer (D-NY) “to strongly oppose Senate Joint Resolution 47… that would reimprison approximately 3,000 nonviolent, low-risk individuals who are currently serving their sentences of home confinement pursuant to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. As current and former members of law enforcement, our priority is public safety. Reincarcerating these individuals is not only counterproductive for public safety but also jeopardizes their prospects for successful reentry into their communities.”
As Majority Leader, Schumer controls what legislation will be brought to a vote. His refusal to bring S.J.Res. 47 to a vote is enough to kill the bill.
Meanwhile, the bipartisan bill to strengthen Federal prison oversight passed the House Committee on Oversight and Reform last week on a bipartisan vote, sending it to the full House for consideration. The bipartisan Federal Prison Oversight Act (S.1401 and HR 3019) would establish new, independent oversight of the Bureau of Prisons, authorize a BOP ombudsman available to prisoners and their families, and require the BOP to audit and rank the condition and safety of its facilities annually.
Sen Jon Ossoff (D-GA) wrote the bill last year after leading multiple bipartisan investigations into corruption, abuse, and misconduct at the BOP. The House version is sponsored by Reps Lucy McBath (D-GA) and Kelly Armstrong (R-ND).
The conservative criminal justice group Right on Crime wrote to Congress in advance of the Committee vote, saying, “The BOP employs over 34,000 people and is responsible for over 150,000 inmates. The budget of this agency is over $8 billion. Yet, despite this hefty price tag to the taxpayer and its massive personnel responsibility, BOP is a deeply flawed agency… [F]ederal prisons are understaffed, underfunded, overcrowded, unsafe, in disrepair, and subject to criminal activity (including, but certainly not limited to, smuggling contraband and sexual assault)… Despite this, the BOP has largely functioned without much accountability. As the maxim goes, ‘sunlight is the best disinfectant.’ As such, increased visibility into the BOP will improve this broken system.”
Finally, Senate Democrats are seeking additional co-sponsors ahead of re-introducing legislation that, among other things, would eliminate federal criminal penalties for marijuana possession and establish a regulatory framework for cannabis products.
Last Monday, Schumer, Sen Ron Wyden (D-OR) and Sen Cory Booker (D-NJ) wrote to colleagues seeking co-sponsors for the Cannabis Administration and Opportunity Act, which is expected to be re-introduced by the end of this month.
“The question today is not whether cannabis should be legal—many states have already moved ahead,” the letter states. “The question now is whether cannabis should be subject to the same high regulatory standards, based on preserving public health and safety, that apply to alcohol and tobacco.”
Finally, some House Democrats have filed a bill to rename FCI Miami the “Donald J. Trump Federal Correctional Institution.”
The move comes just days after House Republicans introduced a bill to rename Washington Dulles International Airport after the former president. The renaming efforts come in an election year when many Republicans seek to honor the presumptive nominee, while Democrats work to undercut him.
“Everyone knows President Trump loves to write his name in gold letters on all his buildings,” Jared Moskowitz (D-FL), one of the sponsors said. “But he’s never had his name on a federal building before, and as a public servant, I just want to help the former president. Help us make that dream a reality.”
Law Enforcement Action Coalition, Letter to Senate Majority Leader Charles Schumer (April 8, 2024)
S.1401, Federal Prison Oversight Act
HR 3019, Federal Prison Oversight Act
Ossoff Press Release, Sen. Ossoff’s Bipartisan Bill to Overhaul Federal Prison Oversight Passes Key U.S. House Committee (April 11, 2024)
Right on Crime, Letter to Rep James Comer (April 8, 2024)
Charles Schumer, Letter to Colleagues (April 8, 2024)
ABC News, House Democrats introduce bill to rename Miami federal prison after Trump (April 5, 2024)
– Thomas L. Root