HomeMy WebLinkAboutSenate Bill 714
S.714
National Criminal Justice Commission Act of 2009 (Introduced in Senate)
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Criminal Justice Commission Act of
2009'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has the highest reported incarceration rate in
the world, imprisoning a higher percentage of its population than
any other country. The American incarceration rate is five times the
world's average incarceration rate. A total of 2,380,000 people are in
prison.
(2) Although criminal justice laws and legal procedures depend
heavily on State and local law, and although a majority of those
imprisoned in the United States are held in non-Federal institutions,
the conditions under which Americans are incarcerated and the
manner in which former inmates reenter society is a compelling
national interest that potentially affects every American citizen and
every locality in the country.
(3) The American public and their elected officials at all levels of
government overwhelmingly support the punishment and
incarceration of violent criminals, as well as those who direct and
participate in criminal enterprises.
(4) Minorities make up a disproportionately large share of prison
populations. Black males have a 32 percent chance of serving time
in prison at some point in their lives; Hispanic males have a 17
percent chance; white males have a 6 percent chance.
(5) The number of persons on probation and parole has been
growing along with institutional populations. There are 7,300,000
Americans incarcerated or on probation or parole, equal to 1 in
every 31 adults, an increase of 290 percent since 1980.
(6) The number of exoffenders returning to their communities from
Federal and State prisons rose to 725,000 in 2007, an increase of
19.9 percent since 2000, and a more than doubling in the past 2
decades. On average, 2 out of every 3 released prisoners will be
rearrested and 1 in 2 will return to prison within 3 years of release.
(7) Spending on corrections consumes an increasingly large portion
of resources at all levels of government. Corrections expenditures
compete with and diminish funding for education, public health,
public safety, parks and recreation, and programs specifically
designed to reduce the prison population. An analysis by the Pew
Charitable Trusts found that over the past 20 years, inflation-
adjusted state spending on corrections rose 127 percent while
higher education expenditures rose just 21 percent.
(8) The National Gang Threat Assessment reports that there are
approximately 1,000,000 gang members in the United States.
According to reporting by local law enforcement, gangs commit `as
much as 80 percent of the crime in some locations'. Gangs are
primary retail distributors of illicit drugs, some of which operate at
the regional or national level. According to the 2008 National Drug
Threat Survey, 58 percent of law enforcement agencies report gang
involvement in drug distribution.
(9) The combination of gang activity and the movement of illegal
drugs into the country has resulted in unprecedented levels of
sophisticated, organized violence along America's southern border
and in hundreds of American communities. More than 6,000 people
died in Mexico in 2008 alone as a result of drug-related violence.
(10) Despite high incarceration rates for drug-related offenses, illicit
drug availability remains consistent. 86 percent of high school
students report that it is `very easy' or `fairly easy' to obtain
marijuana. 47 percent report the same for cocaine, 39 percent for
crack, and 27 percent for heroin.
(11) Those addicted to and abusive of illicit drugs are an estimated
10 to 20 percent of the drug using population, but account for an
estimated half of all illicit drug consumption. Treating addiction will
significantly help decrease demand.
(12) Drug offenders in prisons and jails have increased 1200 percent
since 1980. Nearly a half million persons are in Federal or State
prison or local jail for a drug offense, compared to an estimated
41,100 in 1980. A significant percentage of these offenders have no
history of violence or high-level drug selling activity.
(13) Prisons and jails nationwide have become holding facilities for
the mentally ill. There are an estimated 350,000 men and women in
prisons and jails with serious mental disorders. Approximately 4
times as many mentally ill people are in prisons than in mental
health hospitals. Prisoners are 2 to 4 times more likely than the
general population to be schizophrenic, depressed, bipolar, or
suffering from post-traumatic stress disorder. Approximately 73
percent of mentally ill inmates suffer from a substance abuse
disorder.
(14) Prisons have become public health risks. The number of State
prisoners with HIV is 2.5 times greater than the general population.
The number of State prisoners with hepatitis C is 9 times that of the
general population.
(15) Prison administration is uneven, lacking clear, affirmative
standards of training and performance, varying greatly from
institution to institution, locality to locality, and among Federal,
State and local jurisdictions.
(16) According to a 2007 Bureau of Justice Statistics survey, an
estimated 60,500 inmates (or 4.5 percent of all Federal and State
inmates) experienced 1 or more incidents of sexual victimization
involving other inmates or staff. Analyses suggest that official
records of assault in prison (both physical and sexual) only reflect 10
to 20 percent of all assaults in prison.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the `National Criminal
Justice Commission' (referred to in this Act as the `Commission').
SEC. 4. PURPOSE OF THE COMMISSION.
The Commission shall undertake a comprehensive review of the criminal
justice system, make findings related to current Federal and State criminal
justice policies and practices, and make reform recommendations for the
President, Congress, and State governments to improve public safety,
cost-effectiveness, overall prison administration, and fairness in the
implementation of the Nation's criminal justice system.
SEC. 5. REVIEW AND FINDINGS.
(a) General Review- The Commission shall review all areas of Federal and
State criminal justice costs, practices, and policies.
(b) Specific Findings- In conducting the review, the Commission shall make
such findings as it deems appropriate, including--
(1) the statistical areas of increase in the United States incarceration
rate compared to historical standards of incarceration in the United
States and the reasons for this increase;
(2) a comparison of incarceration policies, including juvenile
incarceration policies, in countries with similar political systems
including Western Europe and Japan, denoting the different
standards applied for types of crime, length of sentences, standards
of prison administration, quality of reentry programs for exoffenders,
and recidivism rates;
(3) an examination of prison administration policies at the Federal,
State, and local levels, to include the availability and quality of
preemployment training programs and the availability of meaningful
career progression within the profession;
(4) the costs of current incarceration policies at the Federal, State
and local level, including the relevant costs of law enforcement, the
proportion of that cost associated with gangs and drug enforcement,
the costs of constructing and administering prison facilities, the costs
of post-incarceration supervision and reentry programs, and the cost
of lost economic opportunities associated with the stigma of
incarceration;
(5) an examination of the impact of gang activities in the United
States, including the proportion of these activities that are directed
by foreign-based gangs and syndicates, and outlining the impact of
these activities in terms of violence, intimidation, and all areas of
criminal activity;
(6) an examination of current drug policy and its impact on
incarceration, crime and violence, sentencing, and reentry programs,
to include an analysis of the general availability of drugs in our
society, the impact and effectiveness of current policies on reducing
that availability and on the incidence of crime, and in the case of
criminal offenders, the availability of drug treatment programs
before, during, and after incarceration;
(7) an examination of the legal and administrative changes in
policies regarding those who suffer from mental illness, including
mandatory and voluntary commitment to institutional care, the
effectiveness and availability of alternative methods of treatment,
the impact of these policy changes on incarceration, and the
availability of government sponsored or assisted programs to
address mental illness;
(8) an examination of the historic role of the military (active duty,
National Guard, Coast Guard, and reserve forces), in the prevention
of crime, the apprehension of criminals, the protection of American
citizens, and the maintenance of stability along the national borders;
and
(9) any other area that the Commission in its judgment believes
relevant to a full understanding of the present criminal justice
system in the United States.
SEC. 6. DUTIES OF THE COMMISSION.
(a) Recommendations- After conducting a review of the United States
criminal justice system and making findings as required by section 5, the
Commission shall make recommendations for changes in policies and laws
designed to--
(1) refocus incarceration policies to reduce the overall incarceration
rate while preserving public safety, cost-effectiveness, and societal
fairness;
(2) decrease prison violence, with particular reference to protecting
those incarcerated from physical abuse;
(3) improve prison administration, including Federal standards of
competence and the creation of a career path for prison
administrators;
(4) institute the use of policies and practices proven effective
throughout the spectrum of criminal behavior;
(5) establish a system for the reintegration of exoffenders that
provides productive skills and opportunities and improves
communities' ability to assimilate former offenders;
(6) restructure the approach to criminalization of, and incarceration
as a result of the possession or use of illegal drugs, decreasing the
demand for illicit drugs, and improving the treatment for addiction;
(7) improve and streamline the treatment of mental illness, both in
our society and in the criminal justice system;
(8) improve Federal and local responses to international and
domestic criminal activity and violence carried out by gangs, cartels,
and syndicates, particularly in relation to drug smuggling and
distribution; and
(9) improve and reform any other aspect of the United States
criminal justice system the Commission determines is required.
(b) Coordination With International and Domestic Government and
Nongovernment Representatives- The Commission shall--
(1) consult with government and nongovernmental leaders,
including State and local law enforcement officials; and
(2) include in its final report required by subsection (c) summaries of
the input and recommendations of these leaders based on the
recommendations required by subsection (a).
(c) Report-
(1) REPORT- Not later than 18 months after the selection of the
chair and the Executive Director of the Commission, the Commission
shall prepare and submit a final report that contains a detailed
statement of findings, conclusions, and recommendations of the
Commission to Congress and the President.
(2) PUBLIC AVAILABILITY- The report submitted under this
subsection shall be made available to the public.
SEC. 7. MEMBERSHIP.
(a) In General- The Commission shall be composed of 11 members, as
follows:
(1) One member shall be appointed by the President, who shall
serve as Chairman of the Commission.
(2) Two members appointed by the majority leader of the Senate, in
consultation with the Chairman of the Committee on Judiciary.
(3) Two members appointed by the minority leader of the Senate, in
consultation with the ranking member of the Committee on
Judiciary.
(4) Two members appointed by the Speaker of the House of
Representatives, in consultation with the Chairman of the Committee
on Judiciary.
(5) Two members appointed by the minority leader of the House of
Representatives, in consultation with the ranking member of the
Committee on Judiciary.
(6) One member appointed by the Chairman of the Republican
Governors Association.
(7) One member appointed by the Chairman of the Democratic
Governors Association.
(b) Membership-
(1) QUALIFICATIONS- The individuals appointed from private life as
members of the Commission shall be individuals who are nationally
recognized for expertise, knowledge, or experience in such relevant
areas as--
(A) law enforcement;
(B) criminal justice;
(C) national security;
(D) prison administration;
(E) prisoner reentry;
(F) public health, including drug addiction and mental health;
(G) victims' rights; and
(H) social services.
(2) DISQUALIFICATION- An individual shall not be appointed as a
member of the Commission if such individual possesses any personal
or financial interest in the discharge of any of the duties of the
Commission.
(3) TERMS- Members shall be appointed for the life of the
Commission.
(c) Appointment; Initial Meeting-
(1) APPOINTMENT- Members of the Commission shall be appointed
not later than 45 days after the date of the enactment of this Act.
(2) INITIAL MEETING- The Commission shall hold its initial meeting
on the date that is 60 days after the date of the enactment of this
Act.
(d) Meetings; Quorum; Vacancies-
(1) MEETINGS- The Commission shall meet at the call of the chair or
a majority of its members.
(2) QUORUM- Six members of the Commission, including at least
one member chosen by the minority leader of the Senate, minority
leader of the House of Representatives, or Chairman of the
Republican Governors Association, shall constitute a quorum for
purposes of conducting business, except that 2 members of the
Commission shall constitute a quorum for purposes of receiving
testimony.
(3) VACANCIES- Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made. If vacancies in the Commission occur on
any day after 45 days after the date of the enactment of this Act, a
quorum shall consist of a majority of the members of the
Commission as of such day, so long as at least one Commission
member chosen by a member of each party, Republican and
Democratic, is present.
(e) Actions of Commission-
(1) IN GENERAL- The Commission--
(A) shall act by resolution agreed to by a majority of the
members of the Commission voting and present; and
(B) may establish panels composed of less than the full
membership of the Commission for purposes of carrying out
the duties of the Commission under this title--
(i) which shall be subject to the review and control of
the Commission; and
(ii) any findings and determinations made by such a
panel shall not be considered the findings and
determinations of the Commission unless approved by
the Commission.
(2) DELEGATION- Any member, agent, or staff of the Commission
may, if authorized by the chair of the Commission, take any action
which the Commission is authorized to take pursuant to this Act.
SEC. 8. ADMINISTRATION.
(a) Travel Expenses- Members shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code, while away from their homes or regular places
of business in performance of services for the Commission.
(b) Staff-
(1) EXECUTIVE DIRECTOR- The Commission shall have a staff
headed by an Executive Director. The Executive Director shall be
paid at a rate equivalent to a rate established for the Senior
Executive Service under section 5382 of title 5, United States Code.
(2) STAFF APPOINTMENT- With the approval of the Commission, the
Executive Director may appoint such personnel as the Executive
Director determines to be appropriate.
(3) EXPERTS AND CONSULTANTS- With the approval of the
Commission, the Executive Director may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code.
(4) DETAIL OF GOVERNMENT EMPLOYEES- Upon the request of the
Commission, the head of any Federal agency may detail, without
reimbursement, any of the personnel of such agency to the
Commission to assist in carrying out the duties of the Commission.
Any such detail shall not interrupt or otherwise affect the civil
service status or privileges of the Federal employee.
(5) OTHER RESOURCES- The Commission shall have reasonable
access to materials, resources, statistical data, and other
information such Commission determines to be necessary to carry
out its duties from the Library of Congress, the Office of National
Drug Control Policy, the Department of State, and other agencies of
the executive and legislative branches of the Federal Government.
The chair of the Commission shall make requests for such access in
writing when necessary. The Office of National Drug Control Policy
shall make office space available for day-to-day Commission
activities and for the scheduled quarterly full Commission meetings.
(c) Obtaining Official Data- The Commission may secure directly from any
agency of the United States information necessary to enable it to carry out
this Act. Upon the request of the Chair of the Commission, the head of that
department or agency shall furnish that information to the Commission.
(d) Mails- The Commission may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated for fiscal years
2009 and 2010 such sums are as necessary to carry out the purposes of
this Act.
(b) Availability- Any sums appropriated under the subsection (a) shall
remain available, without fiscal year limitation, until expended.
SEC.
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