A Year of Achievement June 2016

A Year of Achievement June 2016 1

The U.S. Justice Action Network: Uniting the Ideological Spectrum for Criminal Justice Reform The U.S. Justice Action Network (USJAN) was created in the summer of 2015 to expand and drive forward the building momentum for criminal justice reform in the United States. Four partners on the left and four on the right came together with the objective of moving legislation that will make our criminal justice system fairer, more efficient and effective while ensuring public safety. Backed by the power of their partners and their years of extensive work on these policies, USJAN is determined to create a path forward for overhauling a justice system that has become bloated and unsustainable. Through collaboration with law enforcement, federal and state-specific lobbying, building state-based coalitions, and engaging in aggressive public education efforts, USJAN has turned national momentum and widespread support into concrete action to develop and implement meaningful reform. The organization has spent the past year working to pass reforms to the nation s justice system at the state and federal level, drawing from states across the country that have already successfully enacted reforms proven to safely reduce the prison population, save valuable taxpayer dollars, and reduce crime and recidivism rates. In just one year, USJAN s bipartisan coalition passed significant legislation in 11 priority states and advanced groundbreaking reform legislation at the federal level. While much progress has been made on state-level reform, Congress still has a window of opportunity to seize the moment. USJAN is committed to continuing to pass justice reform in states and propel federal lawmakers to act on the pending legislation. USJAN Goals for Creating a Fairer Justice System USJAN supports federal and state legislation that positively impacts the following policy goals: To safely reduce the exploding prison population and astronomical costs to taxpayers. To implement effective rehabilitation programs that prepare the formerly-incarcerated to successfully re-enter society. To break down barriers to employment and housing for formerly-incarcerated individuals so they can support their families and lead crime-free lives. To end the systemic problem of overcriminalization and narrow the net of incarceration by reforming criminal codes. To collaborate with law enforcement on the need for these reforms. Initial Federal Progress Congress has taken important steps forward to introduce and advance bipartisan criminal justice reform in both chambers. USJAN is committed to using the weight of its partners on the left and the right to compel action. SENATE BILL: SENTENCING REFORM AND CORRECTIONS ACT OF 2015 USJAN worked with a bipartisan group of Senators at the federal level to advance the Sentencing Reform and Corrections Act of 2015. The Senate Judiciary Committee passed the bill on Oct. 22, 2015. Since that time, USJAN and its partners have engaged in a sustained lobbying and public affairs campaign that includes targeted polling in almost a dozen battleground states, groundbreaking events with Senate and White House leaders, high-profile opinion pieces and collaboration with law enforcement, religious leaders and veterans advocates. These efforts created strong momentum for justice reform that helped garner eight more Senate sponsors this spring, bringing the total number of bipartisan sponsors to 35. A vote is expected on the Senate floor this year. 2

Battleground State Voters Want Congress to Move on Criminal Justice Reform, Poll Shows Utah s Republican Sen. Mike Lee: Criminal justice reform legislation has momentum Adam Brandon, FreedomWorks, and Todd Cox, Center for American Progress: It s time to vote on revised sentencing reform and corrections act Religious Leaders Pray and Advocate for Sentencing Reform Former federal prosecutors offer support for sentencing reform bill Compromise struck on criminal justice reform HOUSE BILLS: SENTENCING REFORM ACT, RECIDIVISM RISK REDUCTION ACT, SECOND CHANCE REAUTHORIZATION ACT, DUE PROCESS ACT USJAN also worked with bipartisan lawmakers in the House to advance the Sentencing Reform Act of 2015 and the Recidivism Risk Reduction Act that would reform mandatory minimum sentences for drug offenses, give judges greater discretion on sentencing, and strengthen prison programs designed to reduce the rate of recidivism. USJAN urged the House Judiciary Committee to vote on legislation including the Second Chance Reauthorization Act of 2015, which helps individuals successfully return to society by expanding job training and education programs, and the Due Process Act of 2016, which reforms our nation s flawed civil asset forfeiture system. Since their introduction, the House Judiciary Committee has passed all of these bills and House Speaker Paul Ryan has committed to bringing criminal justice reform legislation to the House floor this year. 3

USJAN State Accomplishments After initial successes in its three initial priority states of Michigan, Ohio and Pennsylvania, USJAN announced it would expand its target states from three to 12. This significantly increases the organization s reach and influence in states where criminal justice reform legislation is at a point of breaking through and in dire need of USJAN s unique bipartisan brand of support. USJAN s target states now include Arizona, Illinois, Iowa, Kentucky, Louisiana, Maryland, Michigan, Minnesota, New York, Ohio, Oklahoma, and Pennsylvania. USJAN passed 74% of the legislation it developed and supported in its priority states in 2015 and 2016. This progress came in both blue and red states. In Kentucky, Louisiana, Maryland, Minnesota and Oklahoma, USJAN passed 100% of its priority legislation, which included reforms to drug sentencing laws and significant improvements to archaic expungement laws that break down barriers for returning citizens. In the two states that have the highest incarceration rates in the country, the organization s bipartisan efforts resulted in the passage of seven bills in Louisiana and six bills in Oklahoma. Focus of Criminal Justice Efforts Shifts to States U.S. sentencing reform backers cite success at state level Priority States Additionally, USJAN helped introduce and advance new legislation in six of its priority states ranging from corrections reforms to reentry measures to civil asset forfeiture reforms. Priority State Progress Arizona: Civil Asset Forfeiture and Re-entry Programming USJAN is building a coalition of support for reforming the civil asset forfeiture process in Arizona and strengthening drug treatment, mental health, and other re-entry programming. Easing Prisoners Transition Back to Society: USJAN s support was key in the passage of two pieces of legislation Senate Bills 1246 and 1247, which expanded work release programming and an increase in the availability of mental health, education and re-entry services. Gov. Doug Ducey signed the measures into law in May 2016. Illinois: Reducing the Prison Population Gov. Bruce Rauner has challenged Illinois to reduce its prison population by 25% in ten years through the bipartisan Illinois State Commission on Criminal Justice and Sentencing Reform. USJAN began its work unveiling polling showing strong support for reforms and was one of three organizations invited to testify on the first round of recommendations, which focused on validity of sentencing and programming, reducing prison admissions and length of prison stays, and recidivism reduction. USJAN is working closely with the governor s team, including Rodger Heaton, a former U.S. Attorney leading the commission, to set the stage for the second round of recommendations, which will focus on truth in sentencing issues. During a session that saw very few accomplishments, USJAN produced initial legislative successes. Reducing Penalties for Minor Offenses: This bill, SB 2228, had previously failed in 2015; with USJAN support, this reduction in penalties for small amounts of marijuana possession was successfully approved by the Legislature. Additionally, SB 2907, which raises the threshold for criminal damage to property and SB 3164, which provides alternatives to incarceration for low-level offenders with no criminal records passed the legislature with USJAN support. 4

Occupational Licensing: USJAN, the Illinois Policy Institute and the Safer Foundation supported HB 5973 that removed barriers to employment in numerous professions for individuals with criminal records. Eliminating Obstacles After Arrests: USJAN worked with legislative allies to pass HB 6328, which removes fees for clearing criminal histories for those arrested but not convicted of a crime. Gov. Bevin signs historic expungement bill into law Iowa: Juvenile Justice and Sentencing Reform Despite general support for justice reform policies in Iowa, the state does not have an organized coalition and there is not a focused, bipartisan, comprehensive effort to reform the system. In order to shore up support from reluctant conservatives, USJAN engaged its partners Faith and Freedom Coalition and Right on Crime to participate in dozens of meetings with top legislative leaders. Rep. Dave Dawson, a Democrat from Sioux City, and Rep. Ken Rizer, a Republican from Cedar Rapids were able to come together to create legislation that has been hailed as the most significant criminal justice reform passed by the Iowa Legislature this year, if not several years. Rep. Rizer said his original bill was greatly improved by his need to keep bipartisan support onboard, reinforcing the premise of USJAN and its goals to move forward consensus legislation. Sealing Records for Juveniles: With the backing of Gov. Terry Branstad, USJAN helped pass SF 2288 to address the sealing of juvenile criminal records. Curbing Mandatory Minimums: USJAN was an influential voice in passing sentencing reform legislation, HF 2064, for certain drug and property offenses, backed by the governor and the attorney general, a good first step toward more comprehensive legislation in 2017. USJAN s Holly Harris joins Gov. Edwards for expungement bill signing. Removing Obstacles for Those with Criminal Records: USJAN secured key voices like former University of Kentucky basketball star Cameron Mills, now a minister, to testify for this aggressive felony expungement legislation, which seal criminal records for certain offenses. HB 40 was signed into law in April 2016. Forming Bipartisan Criminal Justice Policy Assessment Council: USJAN also had a face-to-face meeting with Gov. Matt Bevin, which enabled us to present a comprehensive recodification proposal that would completely overhaul and update Kentucky s overly broad and archaic criminal code. After this meeting, Gov. Bevin launched the Criminal Justice Policy Assessment Council, a bipartisan commission that will develop comprehensive reform legislation for the 2017 session. USJAN was the only organization invited to present policy recommendations the day of the launch. Iowa lawmakers approve significant criminal justice reform Gov. Matt Bevin creates council to reform criminal justice system Kentucky: Expungement and Beyond USJAN provided organizational, media, and lobbying support for the Smart on Crime Coalition to advance a reform agenda in the state. Initial successes have presented the organization with the opportunity for deeper engagement on larger reforms in the state. 5

Louisiana: Reentry Issues USJAN s work in Louisiana began with a poll during the Louisiana gubernatorial race to set the record straight on the impact of criminal justice reform policy and displayed strong support for reforms in the state. This allowed the organization to lay groundwork for reforms in the state with the highest incarceration rate in the country. The efforts started with reentry legislation. After successfully passing all the priority legislation for 2016, the organization will be looking to make larger changes through the Justice Reinvestment Initiative. save the state money by focusing prison beds on more serious offenders and improving access to drug treatment. The legislation also included reforms to mandatory minimum sentences for drug possession and distribution crimes. USJAN supported the bill (SB 1005) that passed unanimously in the Senate and overwhelmingly in the House. Hogan signs bill to overhaul Maryland criminal justice system How the Louisiana Governor s Race Could Aid Criminal-Justice Reform Efforts Ban The Box becomes law in Louisiana to give ex-cons a better chance at job re-entry Removing Barriers to Reentry in the State With the Highest Incarceration Rate: USJAN partnered with the Pelican Institute and the Family Forum to bring conservatives to the table on seven reentry bills. This includes HB 266, which made Louisiana the 24th state to ban the box for state employment, and HBs 145, 146, 347, 1022 and 1052, all of which passed the legislature and were signed by Gov. John Bel Edwards in June 2016, setting the stage for broader, more comprehensive reforms that will move through the justice reinvestment process. Maryland: Civil Asset Forfeiture and Mandatory Minimums USJAN developed strong relationships in Maryland that allowed the organization to successfully accomplish the entire legislative agenda for the state. Reforming Civil Asset Forfeiture: USJAN staff and partners testified in favor of civil asset forfeiture reform, SB 161, to reinvigorate this issue in the state. It subsequently passed the legislature in a landslide vote and was signed into law by Gov. Larry Hogan, thanks in part to targeted outreach to skeptical House Republicans. Michigan: Data Driven Reforms Through coalition building, developing strong relationships with influential legislative champions, securing support of law enforcement and creating a public drumbeat, USJAN advanced an aggressive legislative agenda, passing civil asset forfeiture reforms and introducing new bills that would overhaul the state s criminal justice system. To establish its broader reform agenda, USJAN released a poll in Michigan that showed overwhelming support for justice reform policies all across the ideological spectrum. Snyder signs Michigan civil asset forfeiture laws requiring more transparency, evidence Reforming Civil Asset Forfeiture: USJAN secured support of law enforcement and the attorney general to pass much-needed reforms HB 4499, 4500, 4503, 4504, 4505, 4506, and 4507 to the civil asset forfeiture process. Reducing Recidivism: USJAN developed a relationship with Sen. John Proos to develop a 20-bill package that is designed to reduce recidivism, including an update to the swift and sure probation-sanctioning program, a means for the state to track and evaluate recidivism data, and increasing alternatives to incarceration. The entire package was overwhelmingly approved by the Senate and awaits consideration by the House in the fall. Improving Justice System Outcomes: Maryland this year passed the Justice Reinvestment Act to 6

Minnesota: Drug Sentencing Reforms Minnesota has one of the lowest incarceration rates in the country however, it is seeing an uptick threatening its historically low incarceration numbers with one of the fastest growing prison populations in the country. USJAN s efforts ensured that aggressive and effective sentencing reforms enjoyed significant support from the legislature and statewide stakeholders. legislative recommendations including a robust sentencing reform package, a reclassification of certain felonies to misdemeanors, and a presumptive parole system. GOP legislators seek end to civil asset forfeiture under Ohio law Minnesota House unanimously approves drug-sentencing reforms Passed the Most Significant Reforms to Drug Laws in 30 Years: USJAN worked with local leaders to pass sentencing reform (SF 3481) that focused prison beds on serious offenders, diversion for lower-level offenders and addicts to effective treatment programs, and reinvestment of costsavings into more effective services. Through law enforcement outreach, the organization helped secure support for these reforms from the state s most influential prosecutors and members of law enforcement. This groundbreaking reform package passed the legislature and was signed into law by Gov. Mark Dayton in May 2016. Ohio: Overhauling the Criminal Justice Code Holly Harris of USJAN joins partners ACLU and ATR, Senate. Pres. Faber and Actor/Activist Piper Kerman for Recodification Committee Announcement. Introducing Civil Asset Forfeiture Reform: USJAN drafted an aggressive civil asset forfeiture reform legislation (HB 347 and SB 236) and secured sponsors in both chambers. USJAN s lobbying efforts moved law enforcement opposition to neutral, and ultimately pushed the House to pass the bill with an overwhelming bipartisan vote. Improving Employment Opportunities for Individuals Leaving Incarceration: USJAN was instrumental in the passage of the ban the box measure (HB 56) in last year s legislative session, which achieved overwhelming bipartisan majorities in both chambers and was signed into law in December 2015. Oklahoma: Sentencing Reforms Oklahoma has the second highest incarceration rate in the country, and one of the highest rates of women behind bars making political climate was rip for reform. USJAN developed a strong relationship with Gov. Mary Fallin, who made history by mentioning the plight of women incarcerated in her State of the State address. Oklahoma Gov. Mary Fallin signs executive order on felony convictions, employment applications Ohio s prisons are dangerously overcrowded, with a population exceeding 130% of the capacity, causing the legislature to appoint the Ohio Criminal Justice Recodification Committee, a bipartisan effort to overhaul the state s criminal justice code. USJAN kicked off the groundbreaking recodification effort led by Senate Pres. Keith Faber and released a broad poll showing overwhelming support for justice reform across the ideological spectrum. USJAN is working with the committee to coalesce support around aggressive Expanding Employment Opportunities for Individuals With Criminal Records: Just days after meeting with USJAN, Gov. Fallin implemented Ban the Box by executive order, making Oklahoma the 21st state to implement such a policy. Reforming Sentencing Laws: In the legislature, USJAN worked with the governor and a bipartisan group of lawmakers to pass six pieces of legislation (HBs 2472, 2474, 2479, 2751, 2753, and 2902) including sentencing reforms for low-level, non-violent crimes, prosecutorial discretion to file 7

certain drug crimes as misdemeanors rather than felonies, and more access to drug courts and diversion programs. Pennsylvania: Breaking Down Barriers USJAN kicked off its agenda by releasing a poll showing broad support for justice reform across the ideological spectrum. USJAN has created strong partnerships with groups on the ground ACLU and Commonwealth Foundation and developed relationships with policymakers like Corrections Secretary John Wetzel to build an agenda that impacts the 3 million Pennsylvania residents with criminal records. Reforming Civil Asset Forfeiture: USJAN made civil asset forfeiture reform (SB 869) a top issue in the legislature and brought law enforcement to the table on a compromise proposal currently moving through the legislature. The organization acted as a convener for supporters of this legislation, pulling together diverse stakeholders including the Commonwealth Foundation, National Federation of Independent Businesses, Americans for Prosperity and others. About US The U.S. Justice Action Network (USJAN) is the first and largest 501(c)4 advocacy organization in the country that brings together the left and the right to make our justice system fairer, our communities safer, and to save taxpayer dollars. We collaborate with law enforcement, employ federal and state-specific lobbying, build state-based coalition, and engage in aggressive public education effort to pass real criminal justice reforms. U.S. Justice Action Network s partner organizations include the American Civil Liberties Union, Americans for Tax Reform, the Center for American Progress, Faith & Freedom Coalition, FreedomWorks, the Leadership Conference on Civil and Human Rights, the NAACP, and Right on Crime. Reducing Barriers to Employment for Those With Records: USJAN also championed an expungement bill with bipartisan, bicameral support that was signed into law by the Governor, reforming one of the most archaic laws in the country. Introducing Clean Slate Legislation: To take this issue one step further, USJAN developed bicameral legislation and secured sponsors for first-of-itskind legislation (SB1197/HB1984) that provides for automatic record sealing after a certain crime-free period. USJAN s partner organization, the Center for American Progress, organized the press conference announcing these bills, gaining overwhelming positive press at the state and national level. Bill gives clean slate to those with past criminal record of minor offenses Justice Reinvestment Initiative: As the state develops additional reforms through the Justice Reinvestment Initiation, USJAN is playing an integral role in ensuring passage of comprehensive justice reform legislation. justiceactionnetwork.org /USJusticeAction @USJusticeAction 8