The lame-duck session of Congress following a mid-term election is usually taken up with last-ditch spending bills, efforts to stave off government shutdowns and other emergency actions. This time, the folks on Capitol Hill — and in the White House — have a rare opportunity to advance a goal with bipartisan support.
The measure, known as the First Step Act, has numerous Republican and Democratic co-sponsors signing on, an extra burst of energy that should help power it through to enactment. It represents a move toward a more rational approach to punishment, especially where nonviolent crimes, such as drug offenses, are concerned.
The measure would deal only with federal crimes, but its general direction aligns with moves in this state to avoid excessive or undue incarceration, find alternative ways of dealing with nonviolent criminals and reduce Hawaii’s prison population.
It already has support from Hawaii’s U.S. Sens. Brian Schatz and Mazie Hirono, with a similar bill — H.R. 5682 — having already passed the House.
That backing should continue, as it is battling some headwinds that seemingly whip up against almost any bill of substance in these confrontational times.
It’s a cold front of considerable strength, too. Republican U.S. Sen. Mitch McConnell, majority leader, reportedly has told President Donald Trump that there is not likely enough time to bring up the criminal justice bill. And as McConnell controls the Senate floor and scheduling, that’s a hurdle not easily overcome.
That’s where the power of persuasion will have to come in. The president gave his full-throated endorsement to the proposal in an official announcement last week. It came as something of a surprise to D.C. watchers who have seen a tough law-and-order stance on crime the more habitual posture from the Trump administration.
However, this measure claims among its most vocal advocates the president’s own son-in-law, Jared Kushner. And, in the immediate aftermath of the mid-terms, the departure of the former attorney general, the hard-liner Jeff Sessions, makes this a particularly opportune time to move the legislation forward.
Here are a few highlights from the bill:
>> It would roll back the “three strikes” law mandating a life sentence on three-time offenders, though the penalty may be enhanced with the third conviction.
>> It would give judges some discretion in sentencing for drug offenders where mandatory sentences are concerned.
>> It would make retroactive part of the Fair Sentencing Act of 2010, which reduced sentencing disparities in cocaine convictions. This would mean some inmates already in federal prison would get relief on their sentences.
The fact that other sentencing reforms were not made retroactive is what won the support of groups such as the National Fraternal Order of Police. Although this disappointed libertarians and others seeking broader reforms, it is a hopeful sign that a stakeholder organization has thrown in its support.
The president pointed out that the bill would begin a long process of reversing harsh policies enacted during the 1980s and 1990s that were disproportionately punitive to African-Americans and other minority groups.
He’s right there: Mandatory minimum sentencing found favor under the Clinton administration, paired with a Republican majority in Congress. But data gathered since then show the limitations to the approach of increasing incarceration.
Hawaii already has given birth to counterinitiatives. One is the Hawaii Opportunity Probation with Enforcement (HOPE), a project in which drug offenders are given probation with supervision. They are then hit with a brief sentence if they do reoffend, an effort to “scare them straight” before any longer sentences are given.
Straining the capacity of Hawaii prisons also has meant that felons have been sent to mainland prisons; distance from family and community connections has not helped inmates to productively re-enter society upon release.
The crowding of jails, such as the notoriously deteriorating Oahu Community Correctional Center, has put too many people in pre-trial detention, in horrendous conditions. Bail reform, seeking alternatives for these detainees, has deservedly won support.
In addition, state officials now see sentencing reform, paired with redevelopment of prisons to better align with rehabilitation programs, as a key policy priority.
The sudden advance of the First Step Act has taken some of the president’s harshest critics by surprise. But many of them are willing to bury the hatchet on this issue and have pledged their support, as they should.
Many Americans are caught up in the political divisiveness that has poisoned public discourse, but many more are weary of that. It’s time for Congress to seize this opportunity to prove that, even in the worst of times, there can be agreement on this: A little humanity in criminal justice is the kind of reform we need.