The White House is preparing to seize advantage of bipartisan concern over the burgeoning U.S. prison population and push for legislation that would reduce federal sentences for nonviolent crimes.
President Barack Obama is expected to argue for revamping U.S. sentencing guidelines during a speech to the NAACP annual convention on Tuesday in Philadelphia. Top officials from the Justice Department, including Deputy Attorney General Sally Yates, have recently met with members of Congress to express support for sentencing reform legislation. Key lawmakers from both parties have been invited to the White House next week to discuss strategy.
“Engagement with the president has been lacking for the past six years, but this is one topic where it has been refreshingly bipartisan,” Jason Chaffetz, the Utah Republican who heads the House Oversight Committee, said in a phone interview.
Obama came to office promising to reduce the number of Americans imprisoned for nonviolent drug offenses, and in 2010 signed a law reducing disparities in sentences for possession of crack and powder cocaine. Some Republicans and police organizations criticized the moves as too lenient, but now a bipartisan coalition that includes Obama’s chief political antagonists, billionaires Charles and David Koch, have joined him to support relaxing federal sentencing guidelines.
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More than 2.2 million adults are imprisoned in the U.S., the most in the world, and the incarceration rate is between five and 10 times higher than in Western European countries, according to the National Research Council. Lawmakers in both parties have been raising alarms about the cost of mass incarceration to taxpayers and to minority communities that are disproportionately the source of prisoners.
About 60 percent of all prisoners are black or Hispanic, and black men under age 35 who did not finish high school are more likely to be behind bars than to hold a job, according to the research council. More than 100,000 people are currently in federal prison for drug-related crimes, at a cost of about $30,000 per person each year, the United States Sentencing Commission said in a May report.
That price tag has drawn a cadre of fiscally-conservative Republicans to join with Democrats in a bid to overhaul sentencing. Success would mean a rare bipartisan legislative victory for Obama and a concrete policy achievement to match recent speeches urging the nation to focus on racial and criminal-justice issues.
Chaffetz said he was optimistic that a package of bills would advance because of a diverse coalition of supporters lined up behind it. The president dubbed the legislation “a big sack of potatoes” in a meeting with lawmakers in February, Chaffetz said. The composition of the legislation isn’t final.
The Koch brothers, billionaire Republican donors, support a bill introduced last month by Reps. Jim Sensenbrenner, a Wisconsin Republican, and Bobby Scott, a Virginia Democrat, that would encourage probation rather than imprisonment for relatively minor, nonviolent offenses and improve parole programs in order to reduce recidivism.
The Sensenbrenner-Scott bill is modeled on state efforts to reduce incarceration. While the federal prison population has grown 15 percent in the last decade, state prisons hold 4 percent fewer people, according to Sensenbrenner’s office. Thirty-two states have saved a cumulative $4.6 billion in the past five years from reduced crime and imprisonment, his office said in a report.
The legislation “is the result of years of efforts to identify, compile and bring to the national level the best, evidence-based practices in criminal justice reform,” Rep. Elijah Cummings, a Maryland Democrat said in a statement.
Bob Goodlatte, the Republican chairman of the House Judiciary Committee, held a meeting in late June to listen to proposals from lawmakers in both parties. And Chaffetz, who described Republican leadership in the House as “very optimistic and encouraging,” scheduled hearings on the issue by his committee for July 14 and 15.
“I don’t normally do two days of hearings, we’re giving it that much attention,” Chaffetz said. “So it has more momentum than anybody realizes.”
There is a significant obstacle on the other side of the Capitol: Sen. Chuck Grassley, the Iowa Republican who chairs his chamber’s Judiciary Committee.
An effort in February to advance legislation that included across-the-board reductions in minimum mandatory sentences met with resistance from Grassley, who wouldn’t put it to a vote in his committee. But supporters of the House legislation have reason for optimism: Last month, Grassley announced he would work on a compromise in the Senate.
While Grassley has indicated a willingness to reduce penalties for some crimes, he wants to increase mandatory minimum sentences for other offenses, a Senate Republican aide said. The person requested anonymity to discuss internal deliberations.
That could make sentencing changes an easier sell to tough-on-crime voters, but endanger the support of lawmakers who see mandatory minimums as bad policy.
“There does appear hope for a bipartisan compromise,” White House press secretary Josh Earnest said Monday. “We obviously welcome that opportunity.”
Sen. Mike Lee, a Utah Republican who has long championed criminal justice reform, is leading negotiations with Grassley. He’s backed by Patrick Leahy of Vermont, the senior Democrat on Grassley’s committee, and Dick Durbin of Illinois, the second-ranking Democrat in the Senate.
The talks remain sensitive. During a Judiciary Committee hearing Wednesday, Leahy – admitting he already knew the answer – asked Yates, who was testifying before the panel, to restate her support for sentencing reform.
“I was born at night, but not last night,” Grassley interjected. “And I know that question was in reference to me, and I want everybody to know that we’re working hard on getting a sentencing reform compromise that we can introduce. And if we don’t get one pretty soon, I'll probably have my own ideas to put forward.”