Sentencing Reform & Corrections Act Expands Bipartisan Support
WASHINGTON – The bipartisan authors of the Sentencing Reform and Corrections Act (S. 2123) today announced revisions to the legislation to broaden bipartisan support for criminal justice reform. The bill is led by Senate Judiciary Committee Chairman Chuck Grassley, Assistant Democratic Leader Dick Durbin, Assistant Majority Leader John Cornyn, Judiciary Committee Ranking Member Patrick Leahy, and Senators Mike Lee and Sheldon Whitehouse.
The revised bill is now cosponsored by a bipartisan group of 37 senators and supported by a broad and diverse array of organizations and interests. In a recent letter of support from the National District Attorneys Association, the largest association of prosecutors in the country, the organization’s president wrote, “As a result of months of changes and good faith negotiations, our organization feels the latest version of the bill strikes the appropriate balance between targeting the highest level drug traffickers plaguing our communities, while simultaneously decreasing crime rates and addressing the burgeoning prison population.” The bill enjoys support from coalitions representing more than 400 groups and organizations across the political spectrum.
The revised legislation leaves intact important tools to help prosecutors take down large criminal operations, and still reduces minimum penalties for low-level, non-violent offenders. The bill still expands the existing safety-valve provision and creates a second safety-valve so that judges are able to exercise greater discretion in sentencing for low-level, non-violent drug traffickers. And the bill maintains two new mandatory minimums for offenses involving interstate domestic violence and providing weapons to prohibited countries or designated terrorists. Importantly, the revised bill also leaves in place important prison reforms that encourage qualifying inmates to earn reduced sentences through recidivism reduction programs.
After seeking input from Senate colleagues, the authors fine-tuned some provisions to ensure violent criminals do not benefit from reduced sentence opportunities established by the bill. It now expressly excludes offenders convicted of any serious violent felony from retroactive early release. It also substantially limits the changes to the firearm provisions, striking all changes to the Armed Career Criminal Act. The revised bill also establishes a mandatory sentencing enhancement for offenses involving fentanyl, a dangerous opioid responsible for thousands of drug overdoses and deaths.
The revised bill also provides greater opportunity for relief for low-level, non-violent drug offenders. Prior misdemeanors and other minor drug offenses are excluded from an offender’s criminal history calculation for purposes of the safety valve. The bill makes clear that minor, non-violent participants in large drug conspiracies can be eligible for relief under the “second safety valve.” And a defendant who cooperates with law enforcement may not be subject to an enhanced sentence unless the defendant was involved in any acts of violence. Finally, outdated, non-violent narcotics convictions cannot serve as predicate offenses for the enhanced mandatory minimum for repeat offenders.
The bill’s authors released the following statements:
“After nearly a year of bipartisan collaboration, we developed a comprehensive plan that goes a long way to address over-incarceration, reduce recidivism, and save taxpayer dollars, all while preserving tools to keep violent and career criminals out of our communities. We’ve taken that same proven strategy of good-faith negotiations to our Senate colleagues to fine tune and improve this proposal. In doing so, the bill has gained even broader bipartisan support. I’m grateful for the work of the other authors and all of my colleagues for their willingness to come together on a historic bill worth of consideration by the full Senate,” Grassley said.
“This legislation represents more than three years of work on criminal justice reform, and months of bipartisan negotiations with my colleagues. We believe this bill can pass the Senate with a majority of Democrats and majority of Republicans supporting it. The United States incarcerates more of its citizens than any other country on earth. Mandatory minimum sentences were once seen as a strong deterrent. In reality they have too often been unfair, fiscally irresponsible and a threat to public safety. Given tight budgets and overcrowded prison cells, our country must reform these outdated and ineffective laws that have cost American taxpayers billions of dollars. This is the best chance in a generation to reform our federal drug sentencing laws. We cannot squander it,” Durbin said.
“By preserving and expanding important mandatory minimums for violent offenders while preparing low-level inmates to reenter society and break the cycle of recidivism, this legislation builds on reforms in states like Texas that have successfully rehabilitated prisoners, reduced crime rates, and saved taxpayer dollars. I look forward to working with my colleagues as we continue to build support for this commonsense measure on both sides of the aisle,” Cornyn Said.
“It has taken a long time, but I am glad that a bipartisan group of Senators has joined our efforts to improve the fairness of our criminal justice system. Now, the Senate must vote. The Sentencing Reform and Corrections Act has the support of a majority of Senators, and it is an important first step in correcting the costly mistakes we made when we enacted reactionary mandatory minimums sentences. Real people, like Weldon Angelos, are paying with decades of their lives. We must keep pushing and see that this bill is enacted and continue working toward additional reforms,” Leahy said.
“To be effective, a criminal justice system must be seen as legitimate. And for too long our federal sentencing laws have required punishments that just don’t fit the crime. More and more of our fellow senators are recognizing this mismatch between crimes and penalties and this bill takes a big step in fixing the problem. I am grateful for the feedback we have received from our colleagues on this bill, and I believe it is a better product today thanks to the efforts of those joining us as cosponsors today," Lee said.
“This new bill modifies sensible sentencing reforms and maintains sensible approaches to reducing recidivism that have worked well in states like Rhode Island. As amended, it will still help reduce swelling prison populations and burdensome incarceration costs, and help inmates become productive members of our communities upon release. Since these changes to the bill have allowed us to attract even more bipartisan support, I urge Leader McConnell to take it up,” Whitehouse said.
“We maintain the tools law enforcement needs to continue making sure that the worst drug traffickers and violent criminals stay off of our streets. We also provide flexibility in sentencing for those offenders who deserve it. I’m proud this legislation, which was the product of months of negotiation, is picking up additional support from law enforcement as well as Republicans and Democrats in Congress,” Graham said.
“Months of hard work and bipartisan collaboration have yielded an even broader base of support for the Sentencing Reform and Corrections Act, and I believe it will pass the Senate if Senator McConnell brings it for a vote. This legislation would expand the number of people with nonviolent convictions who would benefit from a sentencing reduction while ensuring public safety. Mass incarceration is costing taxpayers billions and billions of dollars every year, draining our economy of potential, compromising public safety, hurting our children, and disproportionately affecting communities of color. Passing the Sentencing Reform and Corrections Act would take a long-overdue step forward and help make our federal justice system more just. The time to act is now,” Booker said.
“There is bipartisan agreement that we need to make serious reforms to our criminal justice system, and we need to make them soon. We urge our Republican colleagues who haven’t yet signed on to this cause to give careful thought to the issue and join with us in moving this bill forward,” Schumer said.
-30-Floor Statement of Sen. Chuck Grassley: National Prescription Drug Take Back Day
Submitted to the Senate Record Thursday, April 28, 2016
Mr. President, this Saturday, April 30, from 10 a.m. to 2 p.m., the Drug Enforcement Administration (DEA) is coordinating the latest National Prescription Drug Take Back Day. Take Back Days are nationwide efforts to remove old or unused prescription drugs from medicine cabinets so they don’t fall into the wrong hands and lead to substance abuse and addiction. I’m proud to have helped encourage Take Back Days a few years ago by working with Senators Klobuchar, Cornyn and Brown to pass the Secure and Responsible Drug Disposal Act.
According to the Centers for Disease Control and Prevention, health care providers wrote almost a quarter of a billion opioid prescriptions in 2013, enough for every American adult to have his or her own bottle of pills. The accumulation of these medicines in our homes creates a public health risk, since they can be accidentally ingested, abused, stolen, and passed on to others. According to the 2014 National Survey on Drug Use and Health, 6.5 million Americans abused controlled prescription drugs that year. According to that same study, a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
Obviously, the consequences of this prescription drug abuse can be dangerous, and even deadly. Prescription drug abuse may lead to abuse of other drugs like heroin, which is cheaper and more readily available. In 2014, more than 47,000 drug overdose deaths occurred in the United States, an all-time high. Incredibly, more than half of those deaths involved prescription opioids or heroin.
So raising public awareness about the dangers of abuse and reducing the availability of unused medications are important components of preventing prescription drug abuse and addiction. The Take Back Day initiative is a great way to make progress on both fronts.
Beginning in September 2010, the DEA has coordinated these days twice a year, with fantastic results. At the most recent event last September, Americans turned in 350 tons of prescription drugs at more than 5,000 sites operated by the DEA and more than 3,800 of its state and local law enforcement partners. Overall, in its 10 previous Take Back events, DEA and its partners have taken in more than 2,750 tons of pills. It’s not an exaggeration to say that Take Back events have probably saved lives.
Now, for some unexplained reason, the Obama Administration decided to discontinue this program a few years ago. But in May 2015, I was a member of a bipartisan group of senators who wrote to the Department of Justice, urging that it be reinstated. A few months later, DEA Acting Administrator Rosenberg did so. I’m grateful for that decision.
In fact, I support expanding take back opportunities, by creating additional permanent, convenient disposal sites for the public. Expansion of the program along these lines is explicitly authorized in the Comprehensive Addiction and Recovery Act, a bill I guided through the Judiciary Committee in February. It subsequently passed the Senate by a vote of 94-1.
So I urge everyone in Iowa and across the country to check your homes for unneeded or expired medicines. If you find any, please take part in this year’s National Prescription Drug Take Back Day on Saturday. Participating locations typically include neighborhood pharmacies and local fire and police departments. You can locate a specific collection site near you on the DEA’s website. This is one small way we can each do our part to reduce the risk of drug abuse and addiction for our families and communities.
-30-SENATORS REQUEST MEETING WITH DEFENSE SECRETARY CARTER TO DISCUSS ALLEGATIONS
THAT DOD DELIBERATELY MISLED CONGRESS ON MILITARY SEXUAL ASSAULT CASES
Washington, D.C. – In a letter to Defense Secretary Ashton B. Carter, U.S. Senators Kirsten Gillibrand (D-NY), Chuck Grassley (R-IA), Jeanne Shaheen (D-NH), Martin Heinrich (D-NM), Barbara Boxer (D-CA), Richard Blumenthal (D-CT), Rand Paul (R-KY), Dean Heller (R-NV) and Mazie K. Hirono (D-HI) today requested a meeting to discuss new reports that allege the U.S. Department of Defense deliberately misled members of Congress as they were considering policy to address sexual assault in the military.
A report compiled by the advocacy organization Protect Our Defenders (POD), and follow-up reporting by the Associated Press, found that Department of Defense officials provided inaccurate information in order to affect the policy debate in Congress over sexual assault in the military. The reports found that cases cited by Department of Defense officials were inaccurately characterized, and that relevant information was omitted.
“We are deeply disturbed by the allegations in the two reports that the Department deliberately misled members as they were debating an issue of policy and oversight,” the Senators wrote in the letter. “We are sure that you share our concerns and request a meeting with you to discuss these allegations as soon as possible.”
The full text of the letter is included below:
April 27, 2016
The Honorable Ashton B. Carter
Secretary of Defense
U.S. Department of Defense
1400 Defense Pentagon
Washington, D.C. 20301
Dear Secretary Carter,
We are writing to express our concerns regarding allegations that the U.S. Department of Defense misled Congress during our recent debates over sexual assault in the military.
A newly released report by the victims’ advocacy organization Protect Our Defenders and a follow-up investigation by the Associated Press (AP), both attached, maintain that the Department provided us and our colleagues with faulty statistics in order to impact our policy debates over sexual assault in the military
Specifically at issue is the testimony of Admiral James Winnefeld, Jr., then Vice Chairman of the Joint Chiefs of Staff, before the Senate Armed Services Committee as well as further correspondence sent by Admiral Winnefeld to Senators Levin and Gillibrand. Admiral Winnefeld claimed that military commanders were taking sexual assault cases that civilian authorities declined to take and used as examples 93 cases to demonstrate this claim.
Both Protect Our Defenders and the AP found that these claims were inaccurate and misleading – that local law enforcement worked with the military to determine who could best handle the cases; that many of the cases were not tried for sexual assault and that there was no evidence that commanders were tougher than civilian or military prosecutors.
We are deeply disturbed by the allegations in the two reports that the Department deliberately misled members as they were debating an issue of policy and oversight.
We are sure that you share our concerns and request a meeting with you to discuss these allegations as soon as possible.
Sincerely,
Kirsten Gillibrand Chuck Grassley
United States Senator United States Senator
Jeanne Shaheen Martin Heinrich
United States Senator United States Senator
Barbara Boxer Richard Blumenthal
United States Senator United States Senator
Rand Paul
United States Senator United States Senator
Mazie K. Hirono
United States Senator
###Personal email for official business; Defense secretary is latest example of too casual approach
In February, Sen. Chuck Grassley wrote to Secretary of Defense Ashton Carter about Carter’s use of personal email for official business. Grassley has been looking into former Secretary of State Hillary Clinton’s use of a non-government server for personal email and official business, including whether the arrangement interfered with Freedom of Information Act (FOIA) and federal record-keeping requirements. The Judiciary Committee, which Grassley chairs, oversees FOIA. Grassley takes seriously the public’s right to know. As such, last week, the Finance Committee passed a Grassley co-authored provision requiring the IRS to maintain email records of all principal officers and specified employees for no less than 15 years. Grassley released the Defense Department’s response to his inquiry and made the following comment on it.
“There are now at least three high profile examples of top Obama Administration officials treating electronic security and records retention too casually – at the IRS, the State Department, and the Defense Department. The fulfillment of public information requests is compromised when federal record-keeping is compromised. Cyber-security is compromised when personal devices are used for official business. Government officials need to take care to meet their legal and common sense obligations here.
“The Defense Department is downplaying Secretary Carter’s use of personal devices for official business, but I have concerns. Some emails contain information subject to the trade secrets and commercial or financial information exemption under FOIA, as well as several law enforcement-related redactions. Many emails appear to contain subject matter that extends beyond mere routine administrative work. That means there was at least some sensitive information on his email. These practices have FOIA and government security implications. I’m continuing to look at the Defense Department’s response and considering any next steps.”
The correspondence with the Defense Department is available here and here.
Weekly Video Address Script
Recorded, Wednesday, April 27, 2016
Law enforcement officers put their lives on the line to protect the communities they live in. So, when I learned that the families of some of Iowa’s fallen officers were waiting sometimes more than three years to learn about the benefits they may receive I began asking questions.
What I learned was disconcerting. The languishing decisions on benefits come even after a 2009 Government Accountability Office report about families waiting 18 months for approval or denial of their Public Safety Officers’ Benefits application. Sadly, this is despite a 2004 Attorney General memo that instructed the office to make a determination on filed claims within 90 days of receiving all necessary information.
The Senate Judiciary Committee, which I chair, brought sunshine to the problems with the benefits office. Worth County Sherriff Sheriff Jay Langenbau testified before the committee. He’s been waiting three years to learn about the claim he filed on behalf of his wife. She was a flight nurse who died in a helicopter crash while transporting a patient.
I’m not asking for every answer to be “yes.” What I’m asking this office to do is to help families get closure after the death of a loved one. The Public Safety Officers’ Benefits office and the Justice Department appear to want change. But actions speak louder than words. I’ll continue to hold the office accountable for the families of our fallen public safety officers.Q/A: May is Mental Health Awareness Month With U.S. Senator Chuck Grassley
Q: What’s the purpose of Mental Health Awareness Month?
A: For 365 days a year, mental health advocates, public policymakers, medical researchers and health care professionals work collectively to support mental health and to bring what is oftentimes an invisible health issue out of the shadows and into the daylight. During Mental Health Awareness month, members of the mental health community across America redouble their efforts to help the 1 in 5 Americans who will experience a mental health condition – from depression, to anxiety, bipolar disorder, schizophrenia and other psychological, behavioral or emotional stress disorders that affect their quality of life, employability or integration in society.
During the month of May, organizers mobilize efforts to spread the word for early intervention and screening. Early diagnosis and treatment, sooner, rather than later, can begin the healing and recovery process with lasting results. By drawing attention to important screening, treatment and recovery for mental health, the pervasive stigma and silence that keeps people from seeking support and medical help is reduced. Remember that every American will be touched by a mental health condition in their lifetimes, either as an individual or through family members, friends, neighbors or co-workers.
Mental Health Awareness Month is set aside to set the record straight. America needs to pull back the cloak of uncertainty in our society. Just as individuals shouldn’t ignore low blood sugar levels or high blood pressure, Americans shouldn’t disregard anxiety, fear, irritability or suicidal thoughts. Diagnosis, treatment, healing and recovery exist for mental health conditions. For too long, people experiencing emotional or psychological symptoms suffered in silence. Much has been achieved to increase the parity of mental health to that of physical health, but more can be done. That’s why we have this month set aside to increase awareness.
Q: How can public policy keep pace with strides in the delivery of mental health care services?
A: Just as technological innovation has transformed society by raising standards of living and expanding the economic pie for opportunity and mobility, changes in the delivery of health care, including mental health parity, are working to improve the lives of millions of Americans. As a senior lawmaker on the Senate Finance Committee, with jurisdiction of the nation’s health care, tax and spending policies, I’ve led efforts to improve mental health parity at the policymaking tables in Washington. In 2008, I voted for the bipartisan mental health parity law that broke new ground on health insurance coverage for mental health services. Since then, I’ve worked to improve lax enforcement by federal agencies and introduced a bipartisan bill that would require Medicare to provide robust coverage for six classes of pharmaceutical drugs, including medication for schizophrenia and depression. I’m also co-sponsoring the Mental Health Awareness and Improvement Act to reauthorize and strengthen programs that support early diagnosis and treatment. As chairman of the Senate Judiciary Committee, I steered Senate passage of the Comprehensive and Addiction Recovery Act earlier this year that includes new tools for mental health treatment linked to opioid or heroin addiction. And as a champion for Rural America, I work tirelessly to make sure those living and working in less populated areas of the country aren’t left behind. I’ve introduced the REACH Act to help keep acute health care services open and close to home in our rural communities and to improve outpatient services that provide mental health services.
Expanding access to mental health care services is moving in the right direction. There’s more work to be done. And I will continue listening and working with Iowans who are working on the front lines in their communities to provide preventive services, screenings and treatment for mental health disorders, addictions and other mental health services. National Mental Health Awareness Month is a good opportunity to bring hope and healing to millions of Americans. We’ve made strides to remove the stigma. Let’s turn up the volume to break the silence and reach out to friends and loved ones who would benefit from treatment to improve their behavioral and mental health.
Q: What can people do if they just don’t know where to seek help?
A: The Substance Abuse and Mental Health Services Administration offers individuals and family members looking for treatment programs a confidential online resource at findtreatment.samhsa.gov. The Behavioral Health Treatment Services locator allows people to quickly find their closest resource for treatment and support services for substance abuse, addiction and/or mental illness. People also may contact the 24/7 referral help line by dialing (800)662-HELP. The Suicide Prevention Lifeline is available at (800)273-TALK.
Q: What about veterans’ mental health services?
A: Our men and women in uniform put their lives on the line in service to our country. Wounded warriors return from the front lines with broken bodies and wounds that are more difficult to see. The invisible injuries are often harder to diagnose and treat. Returning from active duty and transitioning to civilian life can be overwhelming in any circumstance, but especially for those who suffer from post-traumatic stress disorder, substance abuse, depression or military sexual trauma. Society owes veterans a debt of gratitude for their patriotism, service and sacrifice. That’s why I work tirelessly to help ensure the federal government keeps its promises to the services and benefits earned by our heroes in uniform, including mental health services. Several years ago, Sen. Tom Harkin and I secured bipartisan legislation called the Joshua Omvig Veterans Suicide Prevention Act to improve mental health services for at-risk veterans and to help reduce suicide among returning soldiers. An Iraq War veteran from Grundy Center, 22-year-old Joshua Omvig took his own life in 2005 after returning home from active duty. Building on preventive screening and outreach measures included in that law, I co-sponsored the Clay Hunt Suicide Prevention for American Veterans (SAV) Act that was enacted last year. Most recently, I’m working with Sen. Joni Ernst to advance our bipartisan bill that would allow veterans to receive mental health care from community physicians if the VA can’t see them when they need to be seen. In addition, I’m also co-sponsoring the Female Veterans Suicide Prevention Act to address the alarming increases in suicide among female veterans. America has a sacred duty to uphold the promises made to our veterans. I’m working to make sure we keep the covenant strong for the legions of heroes whose patriotic service kept America safe from harm.
