Criminal justice cannot be reformed unless there is serious bail reform. Minor offenders who cannot post bail must remain in prison until sentencing, and the length of that unendurable wait is often longer than the sentence which will ultimately by handed down. Men and women waiting for a hearing and sentencing lose jobs, leave families. Something requires change…..rsk
Criminal justice reform is returning to political prominence, thanks to Donald Trump’s son-in-law Jared Kushner, one of its most ardent advocates. Ordinarily, that might be good news. But once again, the legislation at issue is so badly flawed that passage would cost taxpayers billions, yield little in the way of public safety or relief for the federal prison system and—at least according to liberal prison reformers—little reform.
The House Judiciary Committee, in a rare burst of bipartisan energy, last week passed the latest rendition of this recurrent theme. In an unusual non-party line 25-5vote, HR 5682, a watered-down version of legislation that has been kicking around Congress for several years, advanced toward consideration by the full House. Supporters hope the bill—which is also known as the FIRST STEP Act—will have a vote in the next couple of weeks.
HR 5682 would require the Federal Bureau of Prisons to provide more resources to reduce the likelihood of recidivism and ease reentry of prisoners back into society. A companion bill was introduced in the Senate but has yet to be taken up by the Judiciary Committee. A very different bill, encompassing a considerably wider array of reform, did pass the Senate Judiciary Committee several months ago over the objection of five Republican members.
The current bill has, not surprisingly, a wide list of supporters and opponents. To try to gain supporters, some of the most objectionable provisions of older legislation were left out and several new provisions added. Kushner has been able to secure White House backing, but Attorney General Jeff Sessions strongly opposes it. Several libertarian right-of-center groups, including those controlled by the Koch brothers, are strong supporters, while a number of left-wing groups, including the ACLU, People for the American Way and the Leadership Conference on Civil and Human rights strongly oppose the legislation because it doesn’t go far enough.