Senate to Mark Up Criminal Justice Policy Panel Bill

The U.S. Senate Judiciary Committee is set to mark up a bill that calls for a comprehensive review of U.S. crime and drug-control policy, but the measure could get a rough reception from a leading Republican lawmaker who would like to sharply limit the scope of the review.

The National Criminal Justice Commission Act of 2009, sponsored by Sen. Jim Webb (D-Va.), is scheduled for markup on Nov. 19. The closely watched legislation has garnered 35 bipartisan cosponsors and endorsements from groups such as the Sentencing Project and the Legal Action Center.

“We are pleased that S. 714 includes language to require a comprehensive examination of current drug policy and its impact on incarceration, crime and violence, sentencing, and reentry programs,” said Gabrielle de la Gueronniere, director for national policy at the Legal Action Center/ National HIRE (Helping Individuals with criminal records Reenter through Employment) Network. “We hope that the National Criminal Justice Commission authorized by S. 714 will also highlight the need for adequate support for drug and alcohol prevention, treatment, and recovery services in our communities as well as effective alternatives to incarceration programs.”

Webb calls for a 13-member blue-ribbon panel to review the nation’s criminal-justice system and issue recommendations for reform. In a Nov. 3 Senate floor speech, Webb noted that the U.S. has 5 percent of the world’s population but 25 percent of its known prison population. “Despite the unprecedented number of people we have in prisons and jails, Americans report an increased fear of crime,” said Webb, who cited two main reasons for concern: rising gang violence and the fact that “we’re locking up too many people whose transgressions could have been dealt with in more creative ways.”

“Mexican drug cartels are operating in at least 230 American cities, not simply along the border,” noted Webb. “The incidents on the border illuminate the severity of this problem, but the problems extend over the border. Nor is this simply a problem with Mexican gangs. Gangs commit 80 percent of the crimes in some areas and are heavily involved in drug distribution and violent activities.”

Webb’s legislation calls for, among other things, a review of current drug policy “and its impact on incarceration, crime and sentencing.” After consultation with various community, law-enforcement, public health and other organizations, the measure was also amended to include a call for the panel to review the costs and benefits of prevention and diversion programs.

“The hundreds of thousands of men and women leaving prisons and jails to return to our communities speaks volumes to our need to reexamine the availability of and support for community corrections programs, including reentry programs, and probation and parole policies,” said Webb.

However, while Webb urged, “We have to look at all pieces of the criminal justice policy,” Judiciary Committee member Sen. Charles Grassley (R-Iowa) recently unveiled a proposed amendment that would prohibit the Webb commission from even considering decriminalization or legalization as a possible alternative to current drug policy. “The point is, for them to do what we tell them to do,” said Grassley of the commission. “And one of the things that I was anticipating telling them not to do is to … recommend or study the legalization of drugs.”

Jack Cole, head of the group Law Enforcement Against Prohibition, said that the Grassley amendment “would block what Senator Webb is trying to achieve with this bill. All along, Senator Webb has said that in the effort to fix our broken criminal-justice system ’nothing should be off the table.’ That should include the obvious solution of ending the ’drug war’ as a way to solve the unintended problems caused by that failed policy.”

In subsequent comments to reporters, Grassley indicated that he might withdraw the amendment, but said that he would seek to ensure that any recommendations from the commission represent the view of most or all of the panel members, not just a majority. “Particularly if it’s consensus recommendations, you’re probably going to get more reasonable and … probably a narrower set of recommendations,” he said.

Webb said that the major challenges facing the commission include:

• Identifying the reasons for the increase in our incarceration rate as compared to historical standards.
• Comparing incarceration and other criminal justice policies in similar democratic, western countries.
• Examining prison administration policies, including the availability of pre-employment training programs and career progression.
• Determining the costs of current incarceration policies at the federal, state, and local levels.
• Identifying the impact of gang activities, including foreign syndicates.
• Reviewing our drug policy and its impact on incarceration, crime and sentencing.
• Examining current policies as they related to the mentally ill.

The markup was originally scheduled for Nov. 5, but was held over due to scheduling issues and not because of any particular controversy regarding the legislation, according to a committee spokesperson.

A spokesperson for Webb said that support for the bill is strong, and that confidence remains high that the measure will be approved by the committee. However, some in the criminal-justice reform community have expressed concern that recent changes to the bill designed to appeal to the law-enforcement community could fatally weaken the legislation.