May 22, Dear Chairman Grassley, Ranking Member Feinstein, Chairman Goodlatte, Ranking Member Nadler, and Senator Durbin:

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1 The Honorable Chuck Grassley Chairman, Senate Judiciary Committee 135 Hart Senate Office Building Washington, DC The Honorable Bob Goodlatte Chairman, House Judiciary Committee 2309 Rayburn House Office Building Washington, D.C Senator Dianne Feinstein Ranking Member, Senate Judiciary Committee 331 Hart Senate Office Building Washington, D.C The Honorable Jerrold Nadler Ranking Member, House Judiciary Committee 2109 Rayburn House Office Building Washington, D.C The Honorable Dick Durbin 711 Hart Senate Office Building Washington, DC May 22, 2018 Dear Chairman Grassley, Ranking Member Feinstein, Chairman Goodlatte, Ranking Member Nadler, and Senator Durbin: I previously wrote to you on May 8, 2018 on behalf of the 33,000 federal correctional workers in the Bureau of Prisons (BOP) to express our concerns with H.R. 5682, the FIRST STEP Act. As we explained in that letter, while there are things in this bill we support, such as the inclusion of the Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act, other provisions raise serious concerns that have led us to oppose this bill. Specifically, the bill directs the Attorney General to create a new recidivism risk assessment system, and do so within 180 days. The current risk assessment system in use by the BOP has been developed and refined over many years, and hastily creating a new system that is untested could put the safety of correctional officers at risk. Even more troubling is that the FIRST STEP Act only authorizes the appropriation of $50 million a year for five years to implement this new system, an amount that we believe is inadequate and misdirected given the current state of funding and staffing shortages at federal prisons. By requiring that this new system be developed and implemented quickly, with no guarantee that Congress will actually appropriate the needed funds, this bill essentially creates an unfunded mandate that will drain already scarce resources away from where they are needed most increasing staffing levels at our federal prisons. Further, the FIRST STEP Act does not authorize any money for the creation of the new riskassessment system, which means that in all likelihood, DOJ will take funds from other parts of the BOP s budget to fulfill this new directive from Congress. Even though it contains the Lieutenant Osvaldo Albarati Correctional Officer Self Protection Act, which is one of our top legislative priorities, we cannot ignore the huge flaws with this bill. Upon further review of the FIRST STEP Act, the Council of Prison Locals has the following additional concerns: This bill undermines truth in sentencing, threatens public safety and substantially burdens the BOP. Specifically, the following are some of the provisions that we find most troubling:

2 The 500 mile provision is problematic because in many cases inmates are moved farther from home for discipline, separation from co-defendants, and their own protection, just to name a few reasons. Requiring that these prisoners be housed within 500 miles of home could undermine our ability to keep our prisons safe and in good order, which is our primary goal. The time credits provision that eliminates the caps on home confinement and residential reentry centers (RRCs or more commonly known as halfway houses ) undermines truth in sentencing by transferring inmates to home confinement to serve prison terms rather than in prison. Additionally, RRCs cost almost 3 times the marginal cost of maintaining an inmate in prison, and home confinement costs 1.5 times as much as housing an inmate in prison. We can't afford these huge costs, and it is especially troublesome since the for-profit prison industry is purchasing many RRCs as a means to expand their profiles. Additionally, there is simply not enough space available in the majority of RRCs right now. The compassionate release provisions require BOP staff to help inmates file petitions with the courts for early release. BOP staff are already stretched thin and do not have time for this additional significant task. This is why funding prisons, not cutting staff, is vital to upholding BOP s mission statement. The FIRST STEP Act also offers incentives to prisoners to participate in recidivism reduction programs, such as increasing phone and privileges, but doesn t provide any additional staff resources to monitor the increased use of phone and s. The administrative burden associated with this bill is enormous. In fact, it would crush the BOP by adding tremendous administrative burdens without providing the resources necessary to carry out these new tasks. Setting aside the data collection and reporting requirements that would require hiring dozens of staff (at an average cost of $120,000 per year minimum with benefits), accounting for time credits alone would require hiring many additional staff and making significant adjustments to information systems. All aspects of inmates' sentence computations must be maintained on a real time basis for both legal and operational reasons. At any time, a sentencing court or other entity (including the executive branch such as in clemency cases) may adjust an inmate's sentence and staff in BOP must be able to provide accurate real-time information as to projected release date, projected date for home confinement and RRC eligibility, etc. The BOP s overreliance on augmentation significantly hampers their ability to operate in an efficient way and oversee current data collection and reporting. Adding additional requirements without additional staff is unworkable.

3 Accordingly, this bill would require staff available to enter data on a daily basis regarding inmate participation in programs and productive activities and compute the new relevant dates for placement based on this. There is no way existing staff could do this, as BOP is already short of staff, and has proposed additional staff cuts for the year ahead. Additionally, in order to implement the time credit provisions a great deal of work would need to be done to train staff on who is deemed ineligible due to current or prior convictions. The language of the bill is far too vague for staff to implement. Even after our best efforts to further refine and provide specifics we will need additional staff to review each inmate to determine their eligibility; there is no way our existing staff could absorb this additional time-consuming task. The bottom line is that while many of these provisions are well-intentioned, as written, they simply do not work in practice. Congress can t just keep asking our federal correctional workers to do more while continuing to provide them with less. It is a recipe for disaster in our already understaffed and overcrowded prisons. The Council of Prison Locals urges Congress to direct BOP s already scarce resources to where they are needed most hiring correctional workers not creating new untested systems and unfunded mandates. And we urge Congress to pass comprehensive sentencing and criminal justice reform that will help reduce our prison population. Sincerely, E.O. Young National President AFGE, CPL C-33

4 FEDERAL LAW ENFORCEMENT OFFICERS ASSOCIATION 7945 MacArthur Blvd. Suite 201 Cabin John, MD Phone: Representing Members From: AGRICULTURE Forest Service COMMERCE Export Enforcement NOAA Fisheries Law Enforcement DEFENSE Air Force - OSI Army - CID Defense Criminal Investigative Service Naval Criminal Investigative Service EDUCATION ENERGY National Nuclear Security Administration ENVIRONMENTAL PROTECTION AGENCY CID FEDERAL DEPOST INSURANCE CORPORATION GENERAL SERVICES ADMINISTRATION HEALTH & HUMAN SERVICES Food & Drug Administration HOMELAND SECURITY Border Patrol Coast Guard Investigative Service Immigration & Customs Enforcement Customs & Border Protection Federal Air Marshals Service Federal Emergency Management Agency Federal Protective Service US Secret Service Transportation Security Administration HOUSING & URBAN DEVELOPMENT - INTERIOR Bureau of Indian Affairs Bureau of Land Management Fish & Wildlife Service National Park Service U.S. Park Police JUSTICE Bureau of Alcohol, Tobacco, Firearms & Explosives Drug Enforcement Administration Federal Bureau of Investigation US Marshals Service U.S. Attorney s Office-CI LABOR Racketeering POSTAL SERVICE Postal Inspection Service Postal SOCIAL SECURITY ADMINISTRATION STATE DEPARTMENT Bureau of Diplomatic Security TRANSPORTATION TREASURY FINCEN & Internal Revenue Service - CI TIGTA U.S.CAPITOL POLICE U.S. PROBATION & PRE TRIAL SERVICES VETERANS AFFAIRS Office of Inspector General VA Police RETIREES The Hon. Paul Ryan Speaker of the House H-232 The Capitol Washington, DC The Hon. Nancy Pelosi House Minority Leader H-204 The Capitol Washington, DC May 17, 2018: Dear Speaker Ryan and Leader Pelosi, I am writing you this letter in opposition of H.R The First Step Act. The Federal Law Enforcement Officers Association (FLEOA) is the largest not for profit and non-political professional organization representing more than 26,000 federal agents and officers in 65 federal agencies. I believe that the First Step Act has many flaws that will confront the Federal Bureau of Prisons (BOP). Our objections are many: The requirement for a risk assessment of all 180,000 prisoners within 180 days is unrealistic. The mandate of 30 minute per day of phone privileges removes a reward for good behavior. The providing of time credits for participation in rehabilitation programs is laudable, but, it fails to exclude dangerous felons who would not have been eligible for early release. The concept of automatic pre-release custody and an increase in good time credits will accelerate the release of many more inmates into society without discretion. Besides the impact on the BOP, this will also cause an extraordinary burden on our Parole and Probation Officers (PPOs). One of the most problematic provision of this law is the 500 mile rule which requires inmate be placed in a BOP facility not more than 500 miles from the prisoner s primary residence. This is already considered when prisoners are incarcerated, but, proximity of facilities, capabilities of facilities, program availability, separation of defendants, security, and safety all must be considered. These are only the more prevalent of our many concerns. Mr. Speaker and Leader Pelosi, FLEOA implores you to make the right decision and not to support this legislation. It will adversely impact our BOP and PPO members, accelerate the release of potentially dangerous prisoners, and endanger the safety of our other members and society in general. Nathan R. Catura President Federal Law Enforcement Officers Association

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7 Major County Sheriffs of America Sheriff Michael J. Bouchard Vice President Government Affairs Oakland County Sheriff s Office 1200 North Telegraph Building 38 East Pontiac, MI (248) mbouchard@mcsheriffs.com May 21, 2018 The Honorable Paul Ryan The Honorable Kevin McCarthy Speaker of the House Majority Leader U.S. House of Representatives U.S. House of Representatives Washington, DC Washington, DC The Honorable Bob Goodlatte The Honorable Jerrold Nadler Chairman, House Judiciary Committee Ranking Member, House Judiciary Committee U.S. House of Representatives U.S. House of Representatives Washington, DC Washington, DC Dear Speaker Ryan, Leader McCarthy, Chairman Goodlatte and Ranking Member Nadler, On behalf of the Major County Sheriffs of America (MCSA) representing more than 100 million Americans, I write to you today as Vice President in charge of Government Affairs to express our concerns with H.R. 5682, the FIRST STEP Act as introduced by Congressmen Doug Collins (R-GA) and Hakeem Jeffries (D-NY). The MCSA is an association of elected Sheriffs representing the Nation s largest counties with populations of 500,000 or more. The MCSA has been a key stakeholder in criminal justice reform deliberations and we have concerns about the FIRST STEP Act s feasibility and direct impact on the communities we are sworn to protect. Criminal justice reform is a broad topic that covers a myriad of issues with direct community and familial impact - reform cannot be addressed myopically. Retroactive provisions and unfunded mandates upon BOP that would overcrowd institutions in areas of violent crime is not a methodical approach to addressing the shortfalls within our criminal justice system. Elimination of the National Institute of Corrections (NIC) and transferring its authority to the National Institute of Justice (NIJ) could hamper the benefits of collaboration many counties have with the NIC such as valuable technical assistance related to juveniles and probation programs. Most astounding is a provision that would allow fentanyl and heroin drug pushers to receive good time credit when 64,000 individuals died in 2016 from the opioid epidemic. As Sheriffs, we provide a unique perspective in that we are the only democratically elected law enforcement officials in the nation; we have a firsthand understanding of the impact community policing, prisoner reentry, jail administration, and national security have on the communities we serve. The MCSA, along with our law enforcement partners, have long advocated for the creation of a commission that would review the state of our criminal justice system, seek out areas of weakness and inefficiency, and develop solutions that will help provide a strategic plan to combat crime and promote public safety. While there have been numerous reports

8 and panels set to examine specific elements of the criminal justice system, there has been no clear picture on how we should move forward on a broader multidisciplinary approach that covers all elements. It is clear, the demands and challenges faced by the criminal justice system as well as the policing practices, techniques and strategies used to protect our communities have changed dramatically. The MCSA appreciates your efforts and we look forward to working with you towards a balanced bill that promotes public safety, is compassionate and feasible. Very Respectfully, Michael J. Bouchard, Sheriff, Oakland County (MI) Vice President Government Affairs, Major County Sheriffs of America

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15 NATIONAL NARCOTIC OFFICERS' ASSOCIATIONS' COALITION 455 Massachusetts Avenue NW, Box 112, Washington, DC (866) May 22, 2018 The Honorable Charles Grassley Chairman The Honorable Dianne Feinstein Ranking Member Committee on the Judiciary United States Senate Washington, DC RE: FIRST STEP Act opposition Dear Chairman Grassley and Ranking Member Feinstein: As President of the National Narcotic Officers' Associations' Coalition, I am writing to you to express our membership's dismay and frustration with provisions in the FIRST STEP Act that the House has passed. There is little, if anything, in the proposed legislation that will actually improve public safety or the security of our communities. We are shocked that Congress and some in the Administration are going out of their way to help those who have continually sought to harm our society. Our members risk their lives every day - and many have given their lives - to take the same offenders out of communities that some provisions of the FIRST STEP Act and other "reform" proposals seek to put back into communities. These offenders - including drug traffickers - are not victims. According to CDC statistics, more Americans died from drug poisonings between 2003 and 2016 than the number of Americans who died in World War II, Korea, Viet Nam, Iraq and Afghanistan combined. And yet, some politicians and reformers assert that drug trafficking is a "non-violent" offense? Drug trafficking is literally killing us from within. But because housing federal prisoners "costs too much" we are going to accelerate reforms and let out more significant traffickers? Offenders who end up in federal prison do not get there easily. Through their disregard for our laws, they have proven that they have not accepted the rules of our society. This is not just our opinion. Look at the facts: according to our governments' statistics, the recidivism rate for federal drug offenders is about 50% and even higher for state drug offenders. Over the past decade, sentencing policy changes and prison reforms have already reduced prison populations to focus incarceration on the "worst of the worst". If the FIRST STEP Act is enacted, more of the "worst" will get released and be rewarded with more privileges. Offenders are never held accountable for all of the crimes they commit, only the ones for which they are caught and prosecuted. Those who make the argument that reducing incarceration will save taxpayers a lot of money

16 do not seem to grasp the costs of re-investigating, re-arresting and re-prosecuting the majority of offenders that will continue their life of crime. They should also realize the enormous economic losses and social costs that negatively impact our consumers and taxpayers. And, while improving the quality and availability of diversion, probation, parole and supervised release programs is needed, the existence of each of these programs has not reduced the sky-high rate of recidivism. When you start to calculate and consider the real cost of crime, not only in dollars, but also human lives, you will realize that incarcerating recidivists and violent offenders - keeping them off of our streets - is a bargain. As Congress has debated the merits of the FIRST STEP Act, we have not heard any thoughts on how much money is too much to spend to ensure safe communities and to prevent tens of thousands of our citizens from becoming the victims of drug traffickers, gang members, and other violent criminals. It is time for Congress to truly listen to law enforcement. NNOAC members are in the trenches every day. We know what happens when policy supports aggressive enforcement of laws, swift prosecution and lengthy, mandatory sentences for violent crimes and repeat offenders. We also know what happens when policy discourages aggressive enforcement and tough sentences. From what we have seen in the latest version of the FIRST STEP Act, we are heading down the wrong path if the objective is improving public safety. For example: FIRST STEP legislation would likely result in near-term release of an estimated 4,000 federal prisoners, many of whom are drug traffickers that can give no proof of rehabilitation. In the midst of the current drug epidemic crisis, we do not need more experienced drug dealers on the streets. FIRST STEP would bring certain offenders closer to their bases of criminal operations by imposing a maximum distance for housing. That will make it harder to keep gang violence from escalating in our prisons, directly impacting the safety of prison employees and staff who already have a difficult job. FIRST STEP would make heroin and fentanyl traffickers - responsible for dealing death - eligible for good time credits that could enable them to reenter society significantly before their sentence is served. Our NNOAC members, many of our law enforcement partners, and the law-abiding American public believe that one of our government's primary responsibilities is to protect us and keep our neighborhoods and communities safe. The FIRST STEP Act does neither. Sincerely,! Bob Bushman NNOAC President

17 NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES National President CLARENCE E. COX, III Director of Special Projects, Office of the Chief Fulton County, GA Police Department May 20, 2018 DWAYNE CRAWFORD Executive Director National First Vice President VERA BUMPERS Chief of Police METRO Houston, TX Police Department National Second Vice President CERELYN J. DAVIS Chief of Police Durham, NC Police Department Immediate Past President PERRY TARRANT, MPA Assistant Chief of Police Seattle, WA Police Department Treasurer HUBERT T. BELL Inspector General U.S. Nuclear Regulatory Commission Recording Secretary MITCHELL R. DAVIS, JR. Chief of Police Hazel Crest, IL Police Department Financial Secretary EMMETT DASHIELL, JR Deputy Director (Retired) EPA OCEFT Sergeant-at-Arms RODNEY BRYANT Assistant Chief of Police Atlanta, GA Police Department Parliamentarian ANTHONY APRIL Captain Alaska State Troopers Associate Members Representative MICHELLE I. TEGE` Detective New York City, NY Police Department Region One Vice President GERALD NELSON Vice President of Public Safety New York City Housing Authority Region Two Vice President MAURITA J. BRYANT Assistant Superintendent Allegheny County, PA Police Department Region Three Vice President KEVIN GRANVILLE Captain Broward County, FL Sheriff s Office Region Four Vice President BRENDA GOSS ANDREWS Deputy Chief of Police (Retired) Detroit, MI Police Department Region Five Vice President FREDERICK THOMAS Captain East Baton Rouge, LA Parish Sheriff s Office Region Six Vice President JEFFREY D. GLOVER Commander Tempe, AZ Police Department Federal Assistant to the National President LYNDA WILLIAMS Deputy Assistant Director (Retired) U.S. Secret Service Special Assistant to the National President U. RENEE HALL Chief of Police Dallas, TX Police Department Special Assistant to the National President REGINALD G. MOORE Managing Associate Moore & Associates Security Consultants, LLC The Honorable Paul Ryan The Honorable Nancy Pelosi Speaker of the House House Minority Leader H-232 The Capitol H-204 The Capitol Washington, DC Washington, DC Dear Speaker Ryan and Minority Leader Pelosi: On behalf of the National Organization of Black Law Enforcement Executives (NOBLE), I want to first thank each of you for your leadership and service to our nation. Since 1976, NOBLE has served as the conscience of law enforcement by being committed to justice by action. NOBLE represents over 3,000 members internationally, who are primarily African-American chief executive officers of law enforcement agencies at federal, state, county and municipal levels, other law enforcement administrators, and criminal justice practitioners. This correspondence acts as our formal opposition to the H.R FIRST STEP Act. A key concern is the ability of the Federal Bureau of Prisons (BOP) and U.S. Attorney Offices to implement key elements of this legislation. In particular, the proposed recidivism reduction plan will require that U.S. Attorney Offices and BOP address their needs in staffing and funding. It is our opinion that the proposed $50 million of funding per year for five years will not support the bill s expanded programming. The majority of the Professional Law Enforcement Organizations across this country are in opposition of this bill. As we have just completed the observance of Police Week, I am very alarmed by this bill s components that could potentially contribute to additional law enforcement lives lost. Secondly, the provision that requires prisoners to be placed in a BOP facility not more than 500 driving miles from the prisoner s primary residence will result in the movement of many of the 22,000 gang members in federal prisons. The implementation of this provision will create significant threats to the safety and security of the inmates, staff, and the public. This will also affect the furtherance of significant investigations due to the housing of potential cooperating witnesses and potential suspects and defendants. Experience has also shown that individuals who are housed near his/her base has more likelihood to attempt escapes. Many of the provisions in this bill will have a significant impact on the safety of employees at the BOP who are already understaffed in some of the already over populated facilities across the country. It is my opinion that a lot of these provisions will only benefit private prisons. Lastly, NOBLE has supported prison reform legislation with deficiencies in the past as part of a broader criminal justice reform effort that included sentencing reform. We encourage congress to seek bipartisan support for a more comprehensive piece of legislation. Sincerely, Special Assistant to the President for International Affairs MELODY JACKSON Senior Police Advisor - Strategic U. S. Department of State Bureau of International Narcotics & Law Enforcement Affairs National Chaplain JOHN E. PEARSON, SR. Investigations Chief Department of Juvenile Justice Clarence E. Cox, III National President HUBERT T. BELL, JR. OFFICE COMPLEX 4609 PINECREST OFFICE PARK DR., SUITE F, ALEXANDRIA, VA (703) FAX: (703) , 42 nd ANNUAL TRAINING CONFERENCE & EXHIBITION JULY 28 AUGUST 1, 2018 HOLLYWOOD, FL

18 NATIONAL ASSOCIATION OF POLICE ORGANIZATIONS, INC. Representing America s Finest 317 South Patrick Street. ~ Alexandria, Virginia ~ (703) ~ (800) 322-NAPO ~ Fax: (703) ~ info@napo.org EXECUTIVE OFFICERS MICHAEL MCHALE President Florida Police Benevolent Association JOHN A. FLYNN Vice President Patrolmen s Benevolent Association of New York City TODD HARRISON Recording Secretary Combined Law Enforcement Associations of Texas SCOTT HOVSEPIAN Treasurer Massachusetts Coalition of Police MARC KOVAR Sergeant-at-Arms New Jersey State Policemen s Benevolent Association CRAIG D. LALLY Executive Secretary Los Angeles Police Protective League MARK YOUNG Vice President, Associate Members Detroit Police Lieutenants & Sergeants Association JAMES PALMER Parliamentarian Wisconsin Professional Police Association WILLIAM J. JOHNSON, CAE Executive Director and General Counsel June 6, 2018 The Honorable Mitch McConnell The Honorable Charles Schumer Majority Leader Minority Leader United States Senate United States Senate Washington, D.C Washington, D.C Dear Majority Leader McConnell and Minority Leader Schumer: On behalf of the National Association of Police Organizations (NAPO), I am writing to you to express our opposition to the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person (FIRST STEP) Act (S / H.R. 5682). NAPO is a coalition of police units and associations from across the United States that serves to advance the interests of America s law enforcement through legislative and legal advocacy, political action, and education. Founded in 1978, NAPO now represents more than 1,000 police units and associations, 241,000 sworn law enforcement officers, and more than 100,000 citizens who share a common dedication to fair and effective crime control and law enforcement. The FIRST STEP Act tries to do too much at once, and consequently, would negatively impact public safety. States and localities would become the dumping ground for federal criminals due to the retroactive increases in good time credits and program participation credits. Further, the bill does not contain the safeguards, support and resources to states and localities that would be necessary for communities to handle the influx of parolees. As we have seen in California, while the state prison reforms have led to lower state prison populations and some savings for the state, it has resulted in increased stresses on local and county budgets and resources as those prisoners who were once wards of the state fill county jails and flood community services. Major cities across the country are facing an increase in violent crime for the first time in years. According to the FBI s latest Uniform Crime Report, Crime in the United States, 2016, the number of violent crimes, including murder, aggravated assaults and rapes, increased for the second straight year. Now is not the time to implement reckless reforms to our nation s correctional system. Such significant changes should first be thoroughly studied and must include the input of the federal, state and local public safety community, which plays an integral role in the system. NAPO urges you to strongly consider our concerns with the FIRST STEP Act, which are shared by many in the law enforcement community. If you would like to discuss this issue further, please feel free to contact me at (703) Sincerely, William J. Johnson Executive Director

19 NATIONAL SHERIFFS ASSOCIATION JONATHAN F. THOMPSON Executive Director and CEO June 1, 2018 Mr. Jared Kushner Senior Advisor to the President 1600 Pennsylvania Avenue, NW Washington, DC Dear Mr. Kushner: On behalf of the National Sheriffs Association (NSA) and more than 3,080 elected sheriffs nationwide, I want to thank you for the candid and well-received conversation on Tuesday, May 29 th. We remain committed to working with you on the quest to improve our national recidivism problems. We hope the outcome can also be an inspiration to find programs that lower state-based criminal recidivism. However, we write today to further explain and express our concerns and questions with H.R. 5682, The First Step Act, as passed by The House of Representatives. While the National Sheriffs Association recognizes the underlying goal of the legislation, to incentivize programs to offenders in an effort to reduce recidivism, there are several items with which we disagree. We strongly believe that the risk assessment model, along with a notification of release administered to state/local chief law enforcement officers is critical for ensuring both officer and community safety. The dispatch of this information 60 days prior to release will allow law enforcement to be better informed and prepared to handle any offender who could be re-arrested at the state and local level. Further we want to ensure that any known victims of the inmate s crime be notified prior to their release. In particular we reference sexual assaults or rape, child molestation or child pornography or the distribution thereof. Unlike other crimes these caused significant physical and psychological harm to the victims and it is essential these victims should be notified in advance by the Bureau of Prisons (BOP), and incorporated in the release of a risk assessment. The First Step Act seeks to remove caps for home confinement sentences for low/minimum risk prisoners. NSA has proof that this is a dangerous path to follow. For instance, when Louisiana allowed 68 of the 4,348 drug traffickers to become eligible for early release, Roderick Bates was released just one month before the true end of his sentence. However, it was during this time that Bates fell back into a life of crime and was ultimately charged with aggravated burglary, first-degree murder then re-sentenced to life in prison Duke St. Alexandria, VA phone fax nsamail@sheriffs.org

20 Mr. Jared Kushner June 1, 2018 Page Two The bill further mandates the non-eligibility of prisoners to receive time credits who threaten any Federal, Congressional, Cabinet, Supreme Court, or Presidential staff/official. However, this current legislation does not offer any security for state/local law enforcement, who are typically the first Mr. responders. This being said, we urge you to consider the inclusion of these men and women who put their lives on the line every day to enforce the law and order of this nation. Importantly every low risk inmate is obligated to have minimal assignments or activities during their incarceration. These can include cooking, laundry service, library services, etc. These intact obligations must not be counted towards good-time credits as they have little basis in measuring or reducing the likelihood of recidivism. Furthermore, the underlying definition of evidence-based recidivism programs remains vague in the bill s current form. It is unclear what kinds of programs qualify, and where the data for such programs is collected and studied. Additionally, the ambiguous nature of the illegal alien exclusions remains an area for misperception. In the original legislation alien prisoners subject to deportation were required to be turned over to ICE before being released to home confinement. However, in the House passed First Step Act, this provision was stripped. This is a safety concern for the National Sheriffs' Association. In the House bill's current form, the BOP estimates that there are approximately 80,000 prisoners ranging in the low/minimum crime category who are eligible for these credit programs, provided they are not exempt. Among these eligible inmates are heroin and fentanyl traffickers and those who have committed up to three firearm crimes. Three other main areas of concern are referenced under the ineligible prisoners portion of the legislation. The first concern relates to the exemption of an unlawful possession of a firearm by a person with three or more convictions for a violent felony. Given the increasing numbers of violent crimes and the growing concerns of gun violence, three or more convictions is abhorrent. NSA strongly recommends this be changed to no more than one firearm related conviction. The second concern relates to absence of exemption of fentanyl and heroin traffickers from the list of ineligible prisoners. Over 47,000 Americans died from drug overdose in 2014, an all-time high. In 2015, that number rose to 50,000; and in 2016 it continued to skyrocket to 64,000 people. Violent crime across America continue to grow, and the raging heroin and opioid abuse epidemic shows no sign of lessening. With this in mind, there is no reason not to exclude fentanyl and heroin dealers from the list of ineligible prisoners. From our reading of the bill human trafficking would not be excluded, yet fentanyl or opioid dealers are, leaving us to ask why? We cannot support this exemption. Third is the 510 minutes of access to telephones. We question the ability of the BOP to monitor this level of discourse. We raise this concern knowing that a significant level of crime is orchestrated and directed by the inmates from within the federal facilities using the phones. Conversely, we also know that connectivity with family members is a significant incentive too. However, we strongly recommend that all telephonic honors only be granted when inmates are talking to/with a direct family member (or court ordered individuals). Additionally, the allowance of prospective employers when an

21 Mr. Jared Kushner June 1, 2018 Page Three inmate is within the final 30 days of locked incarceration should be permitted. However, any violation of these privileges needs to be met with rigorous reductions of good behavior credits. While we support Congress and the Administration s attempt to reduce recidivism through education and rehabilitation programs, let us not forget that prisons are first and foremost a detention facility. The immediate release of up to 4,000 inmates is concerning at both a federal level, but mainly at a state and local level. The Bureau of Justice Statistics study found that 44.7% of federal inmates are rearrested after 5 years. This responsibility and cost burden ultimately falls on the sheriffs who are often the ones called on to make these re-arrests. To avoid any unplanned cost shift, we ask that BOP offer each sheriff or jail operator in a released inmate s prospective domicile an Intergovernmental Services Agreement with the US Marshall Service should that inmate be taken back into custody by a local law enforcement agency. Too often when state charges are pending, an inmate will remain within the local jail awaiting adjudication. Oftentimes this can be up to 365 days. Therefore, we request language be added that recognizes that any felony arrest, or arrest consist with their original federal charges, trigger violation of the terms of early release. At which point the BOP shall take custody of the inmate within 30 days of being notified of the arrest. Perhaps most importantly, the First Step initiative appears grossly underfunded. In addition to the cost burden at the local level, the BOP will be forced to expend a vast amount of capital, at a time when they are currently cutting back on resources and personnel. Together this represents cost shifting from the federal government to local law enforcement, and is unacceptable. While we believe that programs to reduce recidivism can be beneficial in the long run, we need to see a plan that ensures that the program is properly designed and funded equally before it is initiated. To this end we urge that until specific programming is determined evidenced-based by the Director of the BOP that it not be considered eligible service or treatment. Additionally, the programs must be made available to inmates in all BOP facilities. Further, we agree that volunteer and faith-based programming needs to be expanded. Additional programming should incorporate minimal capabilities and benefits to the inmate should be established. Any program will improve the inmates work skills, demonstrably improve communications skills, family support capabilities, etc. On behalf of the National Sheriffs Association, we urge you to consider these concerns and work with us to perfect the legislation so that it not only supports the bi-partisan initiative, but law enforcement as well. Sincerely, Jonathan F. Thompson Executive Director and CEO