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We’re starting to turn the tide in Congress. “We have 5% of the world’s population, but we have 25% of the world’s prisoners.” This is being repeated over and over, between a multitude of briefings, press conferences, and FCNL’s meetings on Capitol Hill.

‘We’ve become a nation of stone-throwers.’ … set up with a system in which forgiveness is not possible, redemption is not possible, there’s no mercy. ~ Michelle Alexander, author of the The New Jim Crow: Mass Incarceration in the Age of Colorblindness, and Krista Tippett.

Even Presidential candidates are repeating statistics about the overwhelming number of people in prison. This repetition is a welcome change. State legislatures understand this as well. Most recently, Oklahoma enacted criminal justice reform to address their burgeoning prison population. The system of mass incarceration is real–but, as society, we’re acknowledging this sad truth and beginning to change!

Last week Thursday in Washington, DC, returning citizens and celebrities joined #cut50, the ACLU, and the Leadership Conference on Civil and Human Rights on Capitol Hill for a briefing featuring Sens. Mike Lee (UT) and Richard Durbin (IL) to call for criminal justice reform in Congress. FCNL was happy to welcome so many voices to DC, calling for an end to this awful system of mass incarceration.

A moment that has stuck with me was when a former police officer recounted an undercover operation. One dealer he met told him, with shame and guilt, “I’m an addict!” “I don’t wanna do this, but I have to…if I want to feed my daughter.” This story and countless others are the true face of mass incarceration: people with substance abuse problems and average people crying out for help who instead get locked away.

Where are we with Congress?

We’ve seen a lot of momentum over the past month. Senators have been speaking with their colleagues, and groups are advocating for criminal justice reform. Changes to our Senate “ask” were unveiled last week Thursday at a press conference following the briefing. Additionally 50 religious groups, including FCNL, with the Interfaith Criminal Justice Coalition sent a faith leader letter to Senate Leadership asking that the Sentencing Reform and Corrections Act (SRCA) be brought up for a vote in May. This momentum is a signal to the Senate Majority Leader that he should bring criminal justice reform to the floor for a vote. The House is less likely to act if the Senate fails to pass meaningful legislation.

House:

We are lobbying on two bills, the Sentencing Reform Act, H.R.3713, and the Recidivism Risk Reduction Act, H.R.759. The first bill would decrease mandatory minimum sentences that incarcerate low-level, nonviolent drug offenders, sometimes for decades, due to simple drug possession. The second bill would improve correctional facilities to give incarcerated people the tools to succeed once they return to society. Since our 400-person Spring Lobby Day in March, we’ve seen several new cosponsors to each. We have been meeting with representatives to build support and inform staff about how and why we need to begin to dismantle mass incarceration. Speaker Paul Ryan (WI) has stated directly that he wants to pass criminal justice reform this year.

Senate:

Our primary efforts, however, are to get the Sentencing Reform and Corrections Act (S.2123) to the Senate floor. This bipartisan bill, which now has support from 37 senators, would also reduce mandatory minimum sentences and improve services and conditions in federal prisons. This bill is very similar to the above-mentioned package of two bills in the House of Representatives. The heated election has created tension in the upper chamber because Republicans may lose Senate races and control of the chamber. This has created a reluctance to engage in big policy discussions and, most importantly, votes in the Senate.

Last week’s announced changes and new cosponsors to S.2123 were made to garner more support from the Republican caucus. FCNL supports the modified legislation and hopes it will come to the floor of the U.S. Senate. Senator Mike Lee (UT) indicated that if the primary concern is safety we should pass S.2123. Federal prisons currently take up 25% of the Department of Justice budget, and even surpass the funding for FBI and DEA combined.

Your voice matters right now. Please ask your senators to tell the Majority Leader, Mitch McConnell (KY), to bring this bill to the Senate floor for a vote. Once it reaches the Senate floor we expect it to pass! Too many mothers, sisters, brothers, and fathers, the majority of whom are from black and brown communities, are being torn out of our society.

José Santos Woss

José Santos Moreno

Director for Justice Reform

José Santos (Woss) Moreno is FCNL’s director for justice reform. He leads FCNL’s work on criminal justice reform, election integrity, and policing.