Agenda

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LEGISLATION COMMITTEE

Meeting Date:	02/08/2016
Subject: Request from NACo Regarding Criminal Justice Reform Legislation
Submitted For:	LEGISLATION COMMITTEE
Department:	County Administrator
Referral No.:	2016-06
Referral Name:	Request from NACo Regarding Criminal Justice Reform Legislation
Presenter:	L. DeLaney	Contact:	L. DeLaney, 925-335-1097

Information

Referral History:

The National Association of Counties (NACo) recently sent information to its public safety committees regarding two pending criminal justice reform bills – the Sentencing Reform and Corrections Act (S. 2123) and the Second Chance Reauthorization Act (S. 1513). Attached is the legislation for reference.

CSAC is not taking an active position on these measures but wanted to share the information with Supervisors.

Contra Costa County's adopted 2016 Federal Platform includes a policy position in support of the Second Chance Act:

Second Chance Act – The County will support funding for the Second Chance Act, which helps counties address the growing population of individuals returning from prisons and jails. Despite massive increases in corrections spending in states and jails nationwide, recidivism rates remain high: half of all individuals released from state prison are re-incarcerated within three years. Here in California, unfortunately, the recidivism rate is even higher. Yet there is reason for hope: research shows that when individuals returning from prison or jail have access to key treatments, education, and housing services, recidivism rates go down and the families and communities they return to are stronger and safer.

The Second Chance Act ensures that the tax dollars on corrections are better spent, and provides a much-needed response to the "revolving door" of people entering and leaving prison and jail.

Referral Update:

Despite the gridlock that has seemingly become a new norm in Congress, lawmakers are apparently reaching across the aisle to advance major criminal justice reform legislation in both the U.S. Senate and U.S. House of Representatives. Given counties’ tremendous role in America’s criminal justice system, NACo is closely monitoring these reform measures and working with Congressional staffers and federal officials to ensure that the interests of county governments are fully represented as criminal justice legislation moves through Congress.

Currently, two major pieces of legislation – the Sentencing Reform and Corrections Act (S. 2123) and the Second Chance Reauthorization Act (S. 1513/H.R. 3046) – that support county criminal justice priorities and policies are gathering momentum in Congress. (The Sentencing Reform and Corrections Act, S. 2123 is 286 pages and not attached here. See https://www.congress.gov/bill/114th-congress/senate-bill/2123/text for a copy of the text of the bill.)

NACo has drafted a letter in support of these measures. (See Attachment A.)

Below is a brief summary of each measure.

S 2123 - Sentencing Reform and Corrections Act

· Permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense.
· Expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history.
· Reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions.
· Makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010.
· Creates new mandatory minimum prison terms for: (1) interstate domestic violence that results in a victim's death, and (2) providing goods and services to terrorists, to any person to develop weapons of mass destruction, or to a country subject to an arms embargo.
· Requires the Bureau of Prisons (BOP) to make available appropriate recidivism reduction programming and productive activities to all eligible prisoners.
· Requires presentence investigation reports to contain certain information such as substance abuse history, military service, and veteran status.
· Directs the BOP to issue pepper spray to its officers and employees.
· Makes permanent the pilot program to release nonviolent elderly offenders from prison facilities to home detention and expands eligibility for such release.
· Courts must automatically seal and expunge certain records of juvenile nonviolent offenses. It prohibits juvenile solitary confinement, except in limited circumstances.

S 1513 - Second Chance Reauthorization Act

· Amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and expand requirements for the DOJ grant program for adult and juvenile offender state and local reentry demonstration projects, including for planning and implementation and for promotion of employment opportunities, and to extend the program through FY2020. Sets forth criteria and priority considerations for DOJ to use in awarding grants.
· Amends the Second Chance Act of 2007 to extend through FY2020 the authorization of appropriations for grants for: (1) family-based substance abuse treatment, (2) the careers training demonstration program, and (3) the offender reentry substance abuse and criminal justice collaboration program.
· Requires DOJ to conduct annual audits of grant recipients under the Second Chance Act to prevent waste, fraud, and abuse of grant funds. Prohibits nonprofit organizations that hold money in offshore accounts from receiving grant funds.
· Amends the Second Chance Act to: (1) modify and extend through FY2020 grant programs for reentry of federal prisoners into the community, including the program for placing aging offenders in home detention and for offender reentry research; (2) repeal programs under the Act relating to responsible reintegration of offenders, the study of the effectiveness of Depot Naltrexone for heroin addiction, and the satellite tracking and reentry training program; and (3) establish a program for partnering faith-based or community-based nonprofit organizations with prisons to conduct recidivism reduction activities.
· Directs DOJ to coordinate on federal programs, policies, and activities relating to the reentry of individuals returning from incarceration to the community, with an emphasis on evidence-based practices and protection against duplication of services.

Recommendation(s)/Next Step(s):

NACo has provided the letter to Congress here: http://www.naco.org/sites/default/files/attachments/NACo%20S.%202123%20Letter%201.20.16.pdf.

If Supervisors are interested in signing on, they can fill out the form here: http://www.naco.org/naco-letter-support-sentencing-reform-and-corrections-act-and-second-chance-act.

Attachments
Attachment A: NACo Letter of Support