Reforming the Violent Crime Control and Law

Enforcement Act of 1994 (The Crime Bill): A

Rebuilding of the Criminal Justice System

Restoring That Which Was Lost

A Policy Paper Exposing the Failure of the 1994 Crime Bill and the
Disproportionately Negative Impact on Black American Citizens.

Elizabeth Singleton
Build Us H.O.P.E
Dr. Tamera R. Enalls-Fenner,
Senior Consultant, Transformation Consulting Agency
Angel Garcia
Build Us H.O.P.E
Benneth Lee, MA, CADC
Founder, National Alliance for the Empowerment of the Formerly Incarcerated (NAEFI)
TABLE OF CONTENTS
Executive Summary 3

Introduction 4

Policy Paper Reform Focus 4

Elimination of Higher Education for Inmates 5

Section 401(b)(8) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(8)) 5

Violent Offender Incarceration and Truth in Sentencing Incentive Grants 8

Title II: Prisons - Subtitle A §20102, §20104 & §20109 8

Three Strikes and Mandatory Life Imprisonment 11

Statute (18 U.S.C.§3559(c)) 11

The United States Criminal Justice System 18

The Aftermath of the 1994 Crime Bill 18

The Rate of Incarceration in the United States 18

Recommendation & Solutions Criminal Justice Reform 21

A Multifaceted Process Rooted in a Holistic Approach: 21

Conclusion 23

Recent Bills, Laws and Policies Reform 25

1
 ______________________________________________________________________________

“...mothers and children trapped in poverty in our inner cities; rusted-out factories scattered like
tombstones across the landscape of our nation; an education system flush with cash, but which
leaves our young and beautiful students deprived of all knowledge; and the crime and the gangs
and the drugs that have stolen too many lives and robbed our country of so much unrealized
potential. This American carnage stops right here and stops right now!”1
--President Donald J. Trump, 2017 Inauguration Speech

______________________________________________________________________________

1
Time Staff, January 20, 2017, “Read Donald Trump's Full Inauguration Speech,” Time Online, accessed May 9, 2017
http://time.com/4640707/donald-trump-inauguration-speech-transcript/
2
EXECUTIVE SUMMARY

Prison cells in the United States are teeming with young men and an overwhelming increase of young
women as well. A disproportionate number are African American, poverty stricken, from disadvantaged
communities, poorly educated, and/or from single-parent homes. Many reside in neighborhoods that are
littered with buildings in disrepair, appearing as though they have weathered years of hard storms and
perhaps a fire or two. Violence and addiction reign, and a heavy weight of never-ending hopelessness for
their future flourishes.

If this portrait was of a foreign land and foreign people in need, generous Americans would leap to their
feet to lend a helping hand. Instead, it is a stark picture of many inner cities, home to a countless number
of our citizens. Just as it is the shoemaker’s children that go barefoot, America’s response to their pleas
for help has been abandonment and betrayal, a closed eye to their plight, and heavy prison sentences
when they step out of line. Instead of compassion and a hand up, we have met them with an oppressive
system that has incarcerated nearly 750,000 young black men, ripped families apart, and saddled them
with felony convictions that rob them of any meaningful future. Felons are hindered from most well-
paying jobs, owning homes in safe communities, and have restricted access to student loans. We could
not more perfectly doom a man’s future had we planned it.

The focused destruction began 23 years ago when Democrat President William Clinton signed the largest
piece of criminal justice legislation in U.S. history, known as the 1994 Crime Bill. This legislation passed
under the guise of taking a tough stance against increasing crime in the United States; however, “In
2005…4 out of 5 drug arrests were for possession, and only 1 out of 5 was for sales. Moreover, most
people in state prison for drug offenses have no history of violence or significant selling activity.” 2 With
the stroke of a pen, the United States shifted its focus from rehabilitation to crime control. As a result, the
rate of incarceration skyrocketed.

As Nelson Mandela said, “Our children are our greatest treasure. They are our future.” For this reason, it
is imperative that we rethink the American institution; prison. Our first step must be to intentionally move
away from the mindset of incarceration as the primary instrument of social control. The courts should
actively pursue evidence-based solutions that reduce prison admission. As a nation, it should be our
prerogative to consider alternatives to sentencing that would have a more positive impact on these
individuals. As well as ensure the 6th Amendment is upheld for all by revamping the plea bargain system.
The poorest of our country must be afforded the guarantee of effective counsel as well as a speedy and
fair trial by their peers.

2
Michelle Alexander, “The New Jim Crow: Mass Incarceration in the Age of Colorblindness,” The New Press, 2012, pg. 60
3
INTRODUCTION

History

On October 26, 1993, Representative Jack Brooks (D-TX) and co-sponsors Charles Schumer (D-NY) and
William Hughes (D-NJ) sponsored H.R. 3355 (103rd), also known as the Violent Crime Control and Law
Enforcement Act (originally written by Joe Biden, (D-PA)). The Democrat majority House and Senate
overwhelmingly supported the bill, and thus, it was passed in November of 1993.

September 13, 1994, President William Clinton signed H.R. 3355 (103rd): HR 3355 into law. The bill
promised federal money for harsher punishment of Americans, 3 expanded the death penalty, encouraged
states and federal to lengthen prison sentences, and eliminated federal funding for inmate education. 4

H.R. 3355 (103rd) Violent Crime Control and Law Enforcement Act of 1994

“The Violent Crime Control and Law Enforcement Act of 1994, H.R. 3355, Pub. L.
103–322 is an Act of Congress dealing with crime and law enforcement; it became law
in 1994. It is the largest crime bill in the history of the United States and consisted of
356 pages that provided for 100,000 new police officers, $9.7 billion in funding for
prisons and $6.1 billion in funding for prevention programs, which were designed with
significant input from experienced police officers.” 5

POLICY PAPER REFORM FOCUS

This policy paper will focus on three critical legislative reform recommendations to the 1994 Crime Bill.

1. Elimination of higher education for inmates §401(b)(8) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(8))
2. Violent Offender Incarceration and Truth in Sentencing Incentive (Pub. L. 103-322) (VOI/TIS))
3. Three Strikes Rules Statute (18 U.S.C.§3559(c))

3
“20 Years Later, Parts Of Major Crime Bill Viewed As Terrible Mistake,” September 12, 2014, NPR,
http://www.npr.org/2014/09/12/347736999/20-years-later-major-crime-bill-viewed-as-terrible-mistake
4
Peter Beinart, May 2015, “Hillary Clinton and the Tragic Politics of Crime,” The Atlantic,
https://www.theatlantic.com/politics/archive/2015/05/the-tragic-politics-of-crime/392114/
5
H.R.3355 — 103rd Congress (1993-1994), Congress.gov, accessed May 5, 2017 https://www.congress.gov/bill/103rd-
congress/house-
bill/3355?q=%7B%22search%22%3A%5B%22%28103rd%29%3A+Violent+Crime+Control+and+Law+Enforcement+Act+of+1994%22%5D%
7D&r=1
4
ELIMINATION OF HIGHER EDUCATION FOR INMATES
SECTION 401(B)(8) OF THE HIGHER EDUCATION ACT OF 1965 (20 U.S.C. 1070A(B)(8))

The Law:

(a) PURPOSE: It is the purpose of this part to assist in making available the benefits of
postsecondary education to eligible students (defined in accordance with §484) in institutions of
higher education by:
(8) No basic grant shall be awarded under this subpart to any individual who is
incarcerated in any Federal or State penal institution. 6

Each year an estimated 700,000 Americans are expected to exit U.S. jails and prison systems. The desire
is that the individual will return to be a law abiding, taxpaying, contributing productive member of
society, and some, due to family and community support, will successfully reintegrate. In direct contrast,
those who lack these basic supports may find it even harder to transition back into society. “A large
number who came out of poor communities will return to those same places.” 7 The National Institute of
Justice Reports that 60 percent of former inmates remain jobless a year after their release, 8 they will
return years older, still struggling with substance abuse, educated by a harsh prison system not a school
system, no work skills, 9 few options for homes, and a title of ex-offender.

Studies suggest, without addressing the contributing factors of why they have committed the crime in the
first place,10 two-thirds will be back in prison within three years.11 Plainly, if the societal causes like poor
education, lack of meaningful employment, support and housing discrimination are not addressed,
recidivism will remain high. 12

● In 1991 - 41 percent in the state and federal prisons had not completed high school or its
equivalent, around 293,000 people.
● In 1997 - 40 percent had not completed high school or its equivalent, around 420,600 people,
indicating a 44 percent increase. 13

6
“TITLE IV—Student Assistance,” Higher Education Act of 1995, accessed May 10, 2017,
http://www.tgslc.org/pdf/HEA_Title_IV_Oct02.pdf
7
“They’re Coming Back: An Action Plan for Successful Reintegration of Offenders that Works for Everyone,” Philadelphia
Consensus Group on Reentry and Reintegration of Adjudicated Offenders, accessed May 10, 2017,
https://static.prisonpolicy.org/scans/Consensus_Group_Report_2-03.pdf
8
“Research on Reentry and Employment,” Office of Justice Programs: National Institute of Justice, accessed May 25, 2017,
https://www.nij.gov/topics/corrections/reentry/pages/employment.aspx
9
“Reentry Trends in the United States,” 2002, Washington, D.C.: U.S. Department of Justice, Bureau of Justice Assistance, accessed
May 25, 2017, https://www.bjs.gov/content/reentry/reentry_contents.cfm
10
“Crime Causation: Sociological Theories,” Encyclopedia of Crime and Justice, 2002, http://www.encyclopedia.com/law/legal-and-
political-magazines/crime-causation-sociological-theories
11
“Prisoners and Prisoner Re-entry,” United States Department of Justice, accessed May 10, 2017,
https://www.justice.gov/archive/fbci/progmenu_reentry.html
12
Reference Footnote 11
13
Caroline Wolf Harlow, January 1, 2003, “Education and Correctional Populations,” Bureau of Justice Statistics
5
Prison sentences do not lead to better environments at home. Many of those reentering their communities
without an education are destined to return to the same habits as before. Education serves as a cost-
effective intervention that will generate a sense of hope and the ability to be gainfully employed upon
release.

“Prison education is a means of rehabilitating and re-directing. If you release someone with the same
skills with which she came in, she’s going to get involved in the same activities as she did before.”
--Marymount Bedford Hills Program Student 14

● The Higher the Degree, the Lower the Recidivism Rate

● Increased Employment, Reduced Recidivism
● Long-Term Cost-Efficiency: Recidivism Cost-Cutting Effects
● Violence Reduction
● Positive Effects on Children Whose Parents Are Incarcerated15

Attempted reform of the Crime Bill Legislation:

[H.R. 1593] PUBLIC LAW 110–199—APR. 9, 2008, ‘‘Second Chance Act of 2007: Community
Safety Through Recidivism Prevention’’ 16
Sec. 114. Grant to evaluate and improve education at prisons, jails, and juvenile facilities.

[H.R. 2521] 114th Congress (2015-2016), “Restoring Education And Learning Act of 2015 or the
REAL Act of 2015” 17

The Consequences:

● Uneducated prisoners can be a tax burden on society.

● Increase in homelessness
● Burden on community law enforcement and emergency services resources
● Burden on community shelters and nonprofits

https://www.bjs.gov/content/pub/pdf/ecp.pdf
14
“Why Prison Education?” Prison Studies Project Teaching Research Outreach, accessed May 10, 2017,
http://prisonstudiesproject.org/why-prison-education-programs/
15
Reference Footnote 14
16
H.R.1593 PUBLIC LAW 110–199—APR. 9, 2008, accessed May 10, 2017,
https://www.congress.gov/110/plaws/publ199/PLAW110publ199.pdf
17
H.R.2521 - REAL Act of 2015, accessed May 10, 2017, https://www.congress.gov/bill/114th-congress/house-bill/2521
6
Recommendations:

● Repeal the Elimination of Higher Education for Inmates, Section 401(b)(8) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(b)(8))

● Congressional Support for Pell Grants For Inmates

○ Pell Grants available to all prison inmates.
○ Pell Grants available to all on probation, as well as those within treatment centers versus
a prison sentence

● Allow entrance for Religious-Based Education

Religious study is a unique aspect of education known to transform the lives of inmates. This is
likely due to the content of religion itself. As religion deals with ultimate issues, including one’s
worldview and morality, religious education may be a special ally in the quest for rehabilitation. 18

● Allocation for computer instruction

Inmates exposed to computer-assisted instruction learned slightly more in reading and
substantially more in math in the same amount of instructional time.

● Further studies should be undertaken to identify the characteristics of effective programs in terms
of curriculum, quality, and implementation.

● Funding grants to further the field by enabling correctional educators to partner with researchers
and evaluators to evaluate their programs.

● A study registry of correctional education evaluations would help develop the evidence base in
the field, to inform policy and programmatic decision making.

18
“Keeping it REAL: Why Congress Must Act to Restore Pell Grant Funding For Prisoners,” UMass Law Review, accessed, May 10,
2017, https://www.umassd.edu/media/umassdartmouth/schooloflaw/students/studentorganizations/umasslawreview/vol111/spearIt.pdf

7
VIOLENT OFFENDER INCARCERATION AND TRUTH IN SENTENCING INCENTIVE GRANTS
TITLE II: PRISONS - SUBTITLE A §20102, §20104 & §20109

The Law:

“Violent Offender Incarceration and Truth in Sentencing Incentive Grants - Authorizes the Attorney
General to make grants to individual states and to states organized as multi-state compacts to develop,
expand, modify, operate, or improve correctional facilities and programs, including boot camp facilities
and programs and other alternative confinement facilities and programs, to free conventional prison space
for violent offenders.

(§20102) Requires: (1) 50 percent of the total amount of funds appropriated to carry out this subtitle for
FY 1995 through 2000 to be made available for Truth in Sentencing Incentive Grants (to be eligible a
state must demonstrate that it requires that persons convicted of violent crimes serve not less than 85
percent of the sentence imposed or meet other specified requirements); and (2) 50 percent to be available
for Violent Offender Incarceration Grants.

(§20104) Sets forth provisions regarding: (1) matching requirements; (2) technical assistance and
training; and (3) program evaluation.

(§20109) Authorizes appropriations.” 19

Funding: $8 billion through the year 2000.

With the enactment of the section VOI-TIS, many states quickly followed suit by reforming state law and
adopting a similar stance, 20 nearly “60 percent of the states reporting legislative activity in 1995 indicated
the federal crime bill was a significant factor when considering legislation.” 21

The most noted accomplishments of the provision:

• More prison capacity and beds

• More prisons
• Higher demand for federal grant money to manage massive penal systems

The Consequences:

• “The high volume of returnees is a reflection on the tremendous growth in the U.S. prison

19
“All Bill Information (Except Text) for H.R.3355 - Violent Crime Control and Law Enforcement Act of 1994’” Congress.gov,
accessed on May 9, 2017, https://www.congress.gov/bill/103rd-congress/house-bill/3355/all-info#major-actions
20
“Truth in sentencing: Availability of federal grants influenced laws in some states,” General Accounting Office, 1998. GAO/GGD-
98-42. Washington, DC: General Accounting Office.
21
Sabol, William J., Katherine Rosich, Kamala Mallik-Kane, David P. Kirk, and Glenn Dubin. 2002. “The influences of truth-in-
sentencing reforms on changes in states’ sentencing practices and prison populations,” Washington, DC: Urban Institute.
8
 population during the past 30 years.”22
• “Increased numbers of Americans with physical and mental disabilities entering and exiting out
of our prison systems.”

• Significantly reduced good time accrual rates.

• State prisons increased 7 percent annually between 1990 and 1997 because of truth-in-sentencing
practices. This has equated to more offenders for longer periods of time. 23 We have created a
punitive penal system that is rewarded with federal grant money by increasing prison populations
and keeping them in prison for 85 percent of their sentence.

• The United States has the highest incarceration rate of most democratic countries. 24 While other
comparative nations look for ways to rehabilitate, the United States punishes through
incarceration and a get-tough-on-crime mentality.
• An offender in America found guilty of a crime is likely to spend 63 months in prison, almost
double the time in Australia and nearly five times the standard sentencing in Germany. Drug
offenders in the US receive an average sentence of 5 years in comparison to 32 months in
England and Wales.25

Recommendations:

“The lack of evidence that there is a measurable, consistent correlation between public safety and
incarceration across comparison nations indicates that there is opportunity to consider that less
incarceration and shorter sentences might yield similar public safety results without the expense or
negative impact to people and communities.” 26

● Repeal the rewards system for higher capacity jails and full cells
○ Reform and strong oversight of privatized prisons

● Reform the plea-bargaining process

○ Emphasize rehabilitation
○ Accountability for relaying discovery material to defense attorney’s

Repeal current policy that allows criminal activity to remain on rap sheets long after the
case has been thrown out of court

22
Reference footnote 21
23
Paula M. Ditton & Doris James Wilson, January 1999, “Truth In Sentencing In State Prisons,” Bureau of Justice Statistic Reports,
Us Department of Justice Office of Justice Programs, https://bjs.gov/content/pub/pdf/tssp.pdf
24
“Finding Direction: Expanding Criminal Justice Options by Considering Policies of Other Nations,” Justice Policy Institute, April
2011, http://www.justicepolicy.org/uploads/justicepolicy/documents/sentencing.pdf
25
Reference footnote 24
26
Reference footnote 24
9
● Reform parole boards
○ Funds allocated to educate parole boards about rehabilitation measures for
inmates as well as the various real life issues they will incur upon release.

● Reform and Reinstate time for good behavior accrual

● Advocate: Educate the American public to the fact that the 1994 Crime Bill fails the
United States’ most vulnerable and disadvantaged citizens and does not prove to be a
deterrent in solving crime issues.

● Restoration through a Multifaceted Holistic Approach - please see overall

recommendations for detailed explanation

10
THREE STRIKES AND MANDATORY LIFE IMPRISONMENT
STATUTE (18 U.S.C.§3559(C))

The Law:

Mandatory life imprisonment of a convicted felon:

● Convicted in federal court of a "serious violent felony" and

have two or more previous convictions in federal or state courts, at least one of which is a
"serious violent felony." The other offense may be a serious drug offense.
● Violent felonies are classified as rape, murder, violent robberies, extortion, etc. This also
includes felonies committed that included or were at risk of physical violence. 27

The most noted accomplishments of the provision:

● An increase in violent offenders convicted and sentenced to prison

● An increase in the average prison time a person will serve
● An increase the percentage of sentence which will be served (85 percent).

The Consequences:

● Federal law that demands mandatory life imprisonment of a convicted felon removes the judicial
power of the courts to determine the best sentence for the crime committed.
● Many convicted felons are currently incarcerated for life due to the “three strikes” legislation.
The intent was to jail violent or drug trafficking individuals; however, the net was cast wide and
many are currently jailed for life that should not be.
● Incarceration as the primary instrument of social control.
● Mandatory sentencing has removed the need and authority for parole boards.
Those that are in place have an inadequate system of accountability or expectations. Many of the
positions are appointed by a governor, and several states allow formerly elected officials to serve
on the board. In the end, many parole boards do not make hard decisions in the best interests of
the individual prisoners, but instead, inaction by the board is based in fear of the public and the
possible problems that could arise if a prisoner is released that causes issues.28
● Time off for good behavior has been replaced by plea bargaining. This is the process of coming to
an agreement in a criminal case between the prosecutor and the defendant. The defendant agrees
to plead guilty for the promise of a lesser charge for some type of concession. In many cases the
defending counsel will be more agreeable with the prosecutor in hopes of favor for future
hearings.

27
“All Bill Information (Except Text) for H.R.3355 - Violent Crime Control and Law Enforcement Act of 1994’” Congress.gov,
accessed on May 9, 2017, https://www.congress.gov/bill/103rd-congress/house-bill/3355/all-info#major-actions
28
“Life Without Parole,” The Marshall Project: Nonprofit journalism about criminal justice, last modified July 10, 2015,
https://www.themarshallproject.org/2015/07/10/life-without-parole#.4qKxlP2LQ

11
Constitutional Considerations:

● Violation of the principles identified in “Apprendi” and its progeny: Requires a defendant to
prove to a judge by clear and convincing evidence the inapplicability of an injury free conviction
offends.
● Violation of the Eighth Amendment: The imposition of cruel and unusual punishment.
● Violation of Separation of Powers: The imposition of mandatory sentencing by removing a
judge’s sentencing discretion necessarily intrudes upon the judicial powers of the courts.
● Violation of Double Jeopardy: Using prior convictions
● Violation of the Fifth Amendment: Violation of the equal protection component of due
process29

Recommendations:

Primary goal of punishment is rehabilitation, not punishment by mass incarceration

● Repeal Mandatory Life Sentences

Allow the judicial system to determine sentencing parameters through sentencing system

● Reform Three Strikes

○ Is only used in cases of individuals committing “like or similar” violent crimes
repeatedly.

● Reform and Reinstate

Indeterminate Sentencing Systems: Return power to the judicial branch

● States Create
Specialized Administrative Agencies and a sentencing commission.
o Write: Presumptive Sentencing Guidelines.
● Standards that determine guidelines for each offense in sentencing. The
standard is a baseline that allows for relevant factors to be considered
when a judge determines the sentence.
o Accountability: Judges should provide reasons for sentences not indicated in the
guidelines
o Reasons can be appealed to higher courts

Historical Success: “Evaluations…of well designed and implemented presumptive guidelines

made sentencing more predictable, reduced racial and other unwarranted disparities, facilitated
systems planning, and controlled correctional spending, and allows for individualized sentences

29
“Three Strike Mandatory Sentencing (18 U.S.C. 3559(c)): An Overview,” Every CRSReport.com, last modified October 22, 2010,
https://www.everycrsreport.com/reports/R41461.html#_Toc275845085
12
 that are more appropriate for the individual. 30
Reform: Active parole boards determine release dates which include time off for good behavior.
○ It is highly recommended that parole boards are staffed in equal parts by former
successfully reintegrated ex-offenders
○ Use population constraint

● Reform Drug Offender Courts

In 2014 83 percent of the 1,561,231 drug arrests were for possession and 39.7 percent (619,808)
were for marijuana possession. At an estimated cost of at least $1,000 per case, that is $619
million that could have been saved by moving those cases out of criminal court. 31 Our current
Drug Offender Courts are failing.

● Reform: Incarceration of the Mentally Ill

● Approximately one in five adults in the U.S. -- 43.8 million or 18.5 percent -- experiences
mental illness in a given year. 32
● Approximately 1 in 25 adults in the U.S. -- 10 million or 4.2 percent -- experiences a
serious mental illness in a given year that substantially interferes with or limits one or
more major life activities. 33
● In 2005, more than half of all prisoners and jailed inmates lived and suffered with a
mental illness, including 705,600 inmates in state prisons, 78,800 in federal prisons, and
479,900 in local jails. This estimated 56 percent of state prisoners, 45 percent of federal
prisoners, and 64 percent of local jail inmates. 34

The estimated number of prisoners with a serious mental illness in federal, state, and local jails
and prisons in the U.S. in 2014 were approximately 383,200. The number has grown since then.
This number does not represent prisoners who are considered general mental health (not
considered seriously mentally ill). 35

The deinstitutionalization of public psychiatric hospitals moved hundreds of thousands of

Americans living with a mental illness out of hospitals, and the 1994 Crime Bill moved them
right into jails and prisons. The intent was to allow those living with a mental illness to seek
treatment within their communities but fell short on funding and implementation.

30
“Policies and Practices Contributing to High Rates of Incarceration,” The National Academies Press, last accessed May 10, 2017,
https://www.nap.edu/read/18613/chapter/5#75

31
“Sentencing in America “UCI
32
“Mental Health,” NAMI: National Alliance on Mental Illness, accessed May 15, 2017, https://www.nami.org/
33
Reference footnote 32
34
“Mental Health Problems of Prison – “Bureau of Justice Statistics
https://www.bjs.gov/content/pub/pdf/mhppji.pdf
35
“Serious Mental Illness (SMI) Prevalence in Jails and Prisons” September 2016, Treatment Advocacy Center, Office of Research &
Public Affairs, http://www.treatmentadvocacycenter.org/storage/documents/backgrounders/smi-in-jails-and-prisons.pdf
13
 As the number of available hospital beds shrunk to only 37,679 state psychiatric beds in the U.S.
in 2016, a 13 percent decrease from year end in 2010, 36 more and more private prisons were
being built to accommodate the high recidivism rate amongst those living with mental illness.

● Prisoners living with a mental illness will find themselves returning to prison no fewer
than three years of being released at 37 percent compared to those who do not have a
mental illness 30 percent. 37
● Half will be convicted of a new crime within 3 years, due to lack of treatment, services
and housing within their community. The mental health population makes up about 20 to
25 percent of the homeless population in the U.S. 38
● Treatment before tragedy or incarceration makes our communities safer. 39
● “The cost of probation and treatment is much less than the cost of incarceration”. 40

The U.S. requires an additional 123,300 psychiatric hospital beds. These shortages of psychiatric
beds have increased wait times in emergency rooms, jails, and in the courtroom. Without these
beds and treatment, the U.S. prison and criminal justice systems will remain the new asylums.

The justice system continues to criminalize individuals with mental illnesses and places a huge
burden on county jails that house them. Unless an effective and efficient public mental health
treatment system that focuses on community-based treatment of individuals with mental illnesses
is implemented in the U.S., this problem will only get worse.

Mental Illness Is Not A Crime

Advocates for the safety and well-being of those who live with a mental illness do not desire
more prisons and more crisis intervention trained police officers. What is needed is treatment,
supportive services, and housing. Incarcerating the mentally ill is inhumane. The costs will only
increase as we ignore the real issues and deny human health for the mentally disabled.
● No longer allow states to warehouse mentally ill patients and prisoners in emergency
rooms, jails, and regular hospitals.

Create more Mental Health Courts:

Mental health courts were developed as a solution to the increased number of individuals who
were seriously mentally ill (SMI) encountering the legal system. Applicants are prescreened to
determine eligibility. If found to be incompetent but restorable, the individual is put into a
treatment program until restored to competency. Once the individual is considered restored, they
36
Reference footnote 35
37
“Analysis of 2012 releases,” Department of Correction Report, Bureau of Justice Statistics,
https://www.bjs.gov/index.cfm?ty=dcdetail&iid=268
38
“Substance Abuse and Mental Health Services Administration,” accessed May 15, 2017, https://www.samhsa.gov/
39
“Pre-Trial Jail Diversion,” accessed May 15, 2017, http://www.drugpolicy.org/new-mexico/treatment-not-incarceration
40
Reference footnote 39
14
 will be returned to the originating court to hold trial. The goal of the mental health courts is to
ensure that individuals who are determined to be eligible for treatment and services receive the
treatment and services they need. This can include both community-based housing and
treatment.41

Recommendations

● Increase the number of available, inpatient psychiatric beds to meet the growing number of
seriously mentally ill individuals who require inpatient care both prior to arrest and when
needed during incarceration. 42
● Ensure seriously mentally ill inmates transition to proper treatment programs after their
release, pre-release planning must be made mandatory.
● Permitting the courts to order certain seriously mentally ill individuals the assistance and
outpatient treatment programs, while living within the community. 43
● Allow the creation of police and community providers mental health squads.
● Increase funding for Crisis Intervention Trained (CIT) police officers

Reform: The Youth Crime Bill

The Consequences:
● According to the Office of Juvenile Justice and Delinquency Protection (OJJDP), 974,900 mostly
male, juveniles were tried in the United States court systems in 2014. Of those, 36 percent were
African Americans. Of the 974,900 tried, the largest age group of offenders ranged from 13 to
15.44
● A staggering reality: 63 percent of incarcerated youth are there for drugs, public offenses,
property crimes, or technical violations, with 5 percent of this number there for status offenses. 45
The cost to house these individuals averages per state $401 per day or $146,302 per year. Overall
the one year expense to incarcerate youth range from $8 billion to $21 billion.” 46
● This is only the beginning since the negative impact of incarceration labels young people as ex-
offenders.47 An ex-offender name tag carries long-term societal costs, from tax burdens to

41
Reference footnote 38
42
Azza AbuDagga, Sidney Wolfe, Michael Carome, Amanda Phatdouang, Fuller Torrey, July 14, 2016, “Individuals With Serious
Mental Illnesses in County Jails: A Survey of Jail Staff’s Perspectives,” Treatment Advocacy Center, accessed May 15, 2017,
https://www.citizen.org/sites/default/files/2330.pdf
43
Reference footnote 38
44
Puzzanchera, C., Sladky, A. and Kang, W. Easy Access to Juvenile Populations. Accessed May 13, 2017
https://www.ojjdp.gov/ojstatbb/ezajcs/asp/demo.asp
45
Reference footnote 38
46
Barry Holman and Jason Ziedenberg, “The Dangers of Detention: The Impact of Incarcerating Youth in Detention and Other
Secure Facilities,” A Justice Policy Institute Report, Accessed May 13, 2017, http://www.justicepolicy.org/images/upload/06-
11_rep_dangersofdetention_jj.pdf
47
Patrick McCarthy & Vincent Schirald, “The Future of Youth Justice: A Community-Based Alternative to the Youth Prison Model,”
accessed May 13, 2017, https://www.hks.harvard.edu/ocpa/cms/files/criminal-justice/research-
15
 recidivism. “When high-quality reentry and aftercare services are available, youth need to spend
less time in confinement, and the overall cost of juvenile corrections can be reduced.” 48

Recommendations:

Replace current legislation mandating incarceration

Establish Youth Re-Entry Action Plans for stages of successful re-entry into society. 49

● Goals of Rehabilitation
Normalcy. Students are able to attend school, address and demonstrate appropriate behavior, and
successfully re-enter the community.

Stage 1: Secure Residential Home (Length of stay 6-9 months)

● Intensive Therapy (Holistic Approach)

o Behavioral issues
o Inappropriate sexual issues
● Family Therapy

Stage 2: (Length of stay dependent upon success of therapy and stability at home)
Children who have been outside of the community

Transition Academy
● Community exposure
○ Learn pro-social norms of society
● Begin to learn life skills/independent living
● Education (K-12)
● Counseling
○ Chemical Dependency Programming
○ Juvenile Sex Offender Counseling
○ Mental Health Counseling
Stage 3: After completion of stages 1 and 2 the individual will now prepare to transition back into their
communities.

Supported Independent Living - Overseen by “House Parent”

Age 17+

publications/ntcc_the_future_of_youth_justice.pdf
48
Puzzanchera, C., Sladky, A. and Kang, W. Easy Access to Juvenile Populations. Accessed May 13, 2017
https://www.ojjdp.gov/ojstatbb/ezajcs/asp/demo.asp
49
Gerald Davis & Jon St. Pierre, Interview with Gerald Davis Group Living Director, Of Mingus Mountain Academy & Jon St.
Pierre, Executive Director of Sequel Transition Academy of Sioux Falls, Date Interviewed May 13, 2017.

16
 ● Living in own apartment
○ Paying rent (put into a savings that will be returned upon successful completion of
program)
○ High School Diploma or GED and College Prep
○ Employment
○ Life Skills (how to succeed outside of an institution)

Ages 0 to 17 (Length of stay dependent upon success of therapy and stability at home)
● Department of Social Services Oversee:
o Foster Care or Kinship Care (case by case basis)
o Or remain in current out of home placement

17
 THE UNITED STATES CRIMINAL JUSTICE SYSTEM
THE AFTERMATH OF THE 1994 CRIME BILL

Today, the United States of America holds one quarter of the world’s prisoners, even though we
constitute only 5 percent of the world’s population. 50 We are the mass-incarceration capital of the world.

The United States doesn’t have a crime issue; we have an incarceration problem.

According to a recent report by Prison Policy Initiative Mass Incarceration, “the American criminal
justice system holds more than 2.3 million people in 1,719 state prisons, 102 federal prisons, 2,259
juvenile correctional facilities, 3,283 local jails, and 79 Indian Country jails as well as in military prisons,
immigration detention facilities, civil commitment centers, and prisons in the U.S. territories.” 51 A stark
contrast to 1972 when we held 200,000 people total in our nation’s prisons we now have 140,000 people
serving life sentences alone.

The Rate of Incarceration in The United States

Incarceration in America nearly quadrupled between 1980 and 2009. In 1980 fewer than 200,000
individuals left state and federal prisons. By 2009, the number had exploded to 735,000. In 2016, the
release rate fell to 636,000. 52

Pew (2008) states that the number of people incarcerated in state prisons on drug offenses has increased
550 percent over the past 20 years.53 They also found that an astounding number of 1 in 3 African
American men will spend at least one year in prison, Latinos 1 in 6, and white 1 in 17. 54

The disproportionate number of African American imprisonment is even further expounded upon by the
International Centre for Prison Studies & Bureau of Justice National Prisoner Statistics that shows a
whopping 745,000 African American males are incarcerated in comparison to 742,000 prisoners from
India, Argentina, Canada, Lebanon, Japan, Germany, Finland, Israel and England combined.55

50
“Incarceration rate 1980-2009,” Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, last modified
October 7, 2011, http://bjs.ojp.usdoj.gov/content/glance/tables/incrttab.cfm
51
Peter Wagner & Bernadette Rabuy, “Mass Incarceration: The Whole Pie 2016,” Prison Policy Initiative, last modified March 14,
2016, https://www.prisonpolicy.org/reports/pie2016.html
52
“National Prison Chart: 2016,” Justice Policy Institute, last modified May 2009,
http://www.justicepolicy.org/images/upload/09_05_REP_PruningPrisons_AC_PS.pdf)
53
“The Pew Charitable Trust Center, 1 in 100: Behind Bars in America 2008”
http://www.pewcenteronthestates.org/uploadedFiles/8015PCTS_Prison08_FINAL_2-1-1_FORWEB.pdf.
54
“20 Years Later, Parts Of Major Crime Bill Viewed As Terrible Mistake,” September 12, 2014, NPR
http://www.npr.org/2014/09/12/347736999/20-years-later-major-crime-bill-viewed-as-terrible-mistake
55
Antonio Moore, “The Black Male Incarceration Problem Is Real and It’s Catastrophic,” The Blog: Huff Post, last modified
18
The staggering cost to detain and house this many in our nation's prisons has also dramatically increased.
In 2007, we spent $44 billion on corrections, up from $10.6 billion in 1987. 56 NAPD in 2014, reported
that the price tag of incarceration for marijuana possession alone was $619 million the breakdown is at
least $1000 per case...there were 1,561,231 drug arrests in the country 39.7 percent (619,808) were for
marijuana possession. 57

Street View: What’s Really Going On?

The historical contention between differing ethnic groups has been, for the most part, ignored like the
elephant in the room. However, under the previous administration much air time was spent focusing on
the fears and anger in the African American communities regarding perceptions in relation to police
brutality, white privilege, and the very prevalent undercurrent of distrust between the African American
community and law enforcement. The wedge of division between law enforcement and minorities was
wielded like a battering ram through fear and social conditioning meant to exploit already very tense
relations.58 With that said, one cannot dispute the truth of the anger and frustration felt by the African
American community; it is legitimate. Research proves the largest percentage of those incarcerated today
are poor, unskilled, young minority men with little education. Many have issues with addictions, and
some have mental and physical illness. 59

To complicate the very precarious situation many of these poor young men are not receiving accurate and
fair counsel as guaranteed by our own constitution. The Sixth Amendment, of the United States
Constitution, guarantees, in part, a citizen a speedy trial, a fair jury, and an attorney. However, criminal
defense for the poor exhibits inadequate funding, high caseloads, sketchy training and supervision, failure
of vision, and insufficient structural support. Criminal defense for the poor is chronically ineffective, a
product of institutional racism.

Plagued by inept counsel and a misused plea bargaining process, state attorneys may hold back discovery
material and instead offer a deal. Defense attorneys have an hour to prepare a defendant's case; therefore,
the broken system necessarily puts the defense attorney at a disadvantage to give sound legal advice to the
defendant. Defendants are really nothing more than a cog in the plea bargain assembly line; processing
convictions and sentences. The reality of this leads to feelings of betrayal and distrust for our judicial
system. A guaranteed right by our constitution only appears to be a promise made and kept for the elite.

To further the divide, many times young men will be charged with various crimes. They are forced

February 17, 2015, http://www.huffingtonpost.com/antonio-moore/black-mass-incarceration-statistics_b_6682564.html

56
Ashley Nellis & Ryan S. King, “No Exit: The Expanding Use of Life Sentences in America,” last modified September 2009,
http://www.sentencingproject.org/doc/publications/publications/inc_noexitseptember2009.pdf.
57
“Alternatives to Traditional Prosecution Can Reduce Defender Workload, Save Money, and Reduce Recidivism,” National
Association for Public Defense, March 2017, accessed May 5, 2017,
http://www.publicdefenders.us/files/NAPD%20Demand%20Side%20paper_FINAL.pdf
58
Tamera Enalls-Fenner, 2012 “How negative prediction fueled by a biased media necessarily affect political outcomes and the
campaigns that must manage it,” (doctoral work, Colorado Technical University, 2012).
59
Jeremy Travis, Bruce Western, & Steve Redburn, “The Growth of Incarceration in the United States: Exploring Causes and
Consequences,” The National Academies Press, http://www.vtlex.com/wp-content/uploads/2014/06/18613.pdf
19
through the court system with no clear evidence of potential guilt; after the expense of housing,
processing costs, transferring costs from the station to court their case may be thrown out a month or so
later. Even though these cases have been thrown out they tend to remain on the individuals rap sheet,
appearing as if awaiting trial, for decades. Background checks for housing, well-paying jobs, loans etc.
are all negatively impacted by these cases. It is a vicious cycle of abuse; the ones that have suffered the
most are African American communities thus, perpetuating a sense of hopelessness that affects the life
and liberty of the accused as well as family, community, and society.

Where is the compassion for our fellow man? The United States, one of the most giving nations in the
world, has the highest incarceration rate in the world with jails full of some of the nation's poorest
citizens. The disconnect may be attributed to years of training by an admittedly liberal progressive
media 60 which purposefully runs the most violent criminal acts committed by darker Black males during
drive time television. 61 This necessarily plants seeds of fear in the minds of some Americans that darker
Black men are much more likely to be violent. The constant drumbeat of violence in our streets may also
stir up unnecessary levels of fear regarding crime in the U.S., hence, the willingness to accept a bill like
the 1994 Crime Act.

60
“IV. Values and the Press,” Pew Research Center US Politics & Policy, last modified May 23, 2004, http://www.people-
press.org/2004/05/23/iv-values-and-the-press/
61
Reference footnote 58
20
RECOMMENDATION & SOLUTIONS CRIMINAL JUSTICE REFORM

A MULTIFACETED PROCESS ROOTED IN A HOLISTIC APPROACH:

On an annual basis 636,000 individuals are released from prison in the United States with little hope of
getting a job or maintaining housing. This reality necessarily creates higher rates of re-offending or
recidivism.

Action Steps
Start immediately

For those already within the system according to the Federal Bureau of Prisons philosophy, "release
preparation begins the 1st day of incarceration, (the) focus on release preparation intensifies at least 18
months prior to release." 62

Parole plan

● Should begin during pre-release with a parole officer involved. As a case management model,
engaging the parolee into a lifestyle change opportunities.
● Parole officer's report how many referrals they make on each parolee, how many they motivated
to seek employment, enroll in school etc.
● For those who are young and have an infraction or misdemeanors either voluntary or court
ordered residential programs that are both a boot camp as well as treatment center.

Counseling

● In depth substance abuse programs such as Alcoholics Anonymous.

Offer Programs that address:

● Attitudes and beliefs about crime 63

● Understanding relapse
● How to leave the former life and transition into the new life 64
● Education, vocational, and economic security training.

62
Reference footnote 58
63
“Reentry Programs Release Preparation Begins Before the First Day of Incarceration,” Federal Bureau of Prisons, Accessed on
May 5, 2017, https://www.bop.gov/inmates/custody_and_care/reentry.jsp
4 Elements of Successful Reentry Programs for Inmates, Social Solutions, July 2007, http://www.socialsolutions.com/blog/4-
elements-of-successful-reentry-programs-for-inmates/
64
“An Alternative To Boot Camp For Troubled Teens,” Fire Mountain Programs, Helping Kids Find Their Path, accessed May 5,
2017, http://www.firemountainprograms.com/an-alternative-to-boot-camp-for-troubled-teens/
21
 ● Active Dog programs using shelter dogs or Equine assisted programs
● Proper healthcare including mental health care
● Alternative dispute resolution, anger management, stress management, impulse control etc.
● Recidivism prevention groups/counseling
● Understanding re-entry incentives such as “how to get records sealed, certificate of good conduct,
medical disability waivers, etc.
● The benefit of developing a re-entry support network through re-entry circles
● Restorative justice programs

Reduce Recidivism

● “Few practices can influence a state’s recidivism rate more dramatically than its handling of
technical violations of conditions of supervision. As a result, to such violations have a substantial
impact on recidivism rates”. 65 “Two-thirds of ex-prisoners are rearrested, and half are re-
incarcerated within 3 years — many for technical violations of parole conditions, rather than for
new crimes.”66

Re-Entry/Life Coach

● One to one mentors that behave like an AA Sponsor would with a sponsoree. 67

Reassess

● No two persons are the same. Therefore, the levels of risk of recidivism will vary. Implement a
Risk Needs Responsivity (RNR) as a framework to assess an individual's risk level to provide the
most appropriate response. 68
● Held accountable to meet their obligations to the court, society, themselves and their families
● Regularly and randomly tested for drug use
● Educate on re-entry barriers (collateral consequences)

65
State of Recidivism, April 2011 The Revolving Door of America’s Prisons, The Pew Center on the States, 17-18, April 2011,
http://www.pewtrusts.org/~/media/legacy/uploadedfiles/pcs_assets/2011/pewstateofrecidivismpdf.pdf
66
“Building Knowledge About Successful Prisoner Reentry Strategies,” Mdrc Building Knowledge to Improve Social Policy, last
modified 2013, http://www.mdrc.org/publication/building-knowledge-about-successful-prisoner-reentry-strategies
67
Renata Cobbs Fletcther, November 2007, “Mentoring Ex-Prisoners: A Guide for Prisoner Reentry Programs,” Public/Private
Ventures under a grant funded by the U.S. Department of Labor, 6-7, accessed May 6, 2017,
https://www.doleta.gov/pri/pdf/mentoring_ex_prisoners_a_guide.pdf
68
Reference footnote 65
22
Employment Strategies

● Having a job enables individuals to contribute income to their families, which can generate more
personal support, stronger positive relationships, enhanced self-esteem, and improved mental
health rate.
● An RNR assessment to determine the best individual placement for a successful work experience
thus positively affecting the recidivism69

69
Integrated Reentry and Employment Strategies: Reducing Recidivism and Promoting Job Readiness, accessed May 5, 2017,
https://csgjusticecenter.org/reentry/the-reentry-and-employment-project/integrated-reentry-and-employment/

23
CONCLUSION

The last 23 years have proved that the H.R. 3355 (103rd): Violent Crime Control and Law Enforcement
Act of 1994 has failed miserably. It is even more evident in poor, disadvantaged communities with one
community, the African American community, suffering the most devastation.

It is now, for such a time as this that we have been placed here to right a horrific wrong. From a historical
perspective, the Republican Party was formed in the 1850’s with a clear goal of abolishing slavery. In the
21st Century we gather the most vulnerable citizens of our country, those already oppressed, throw them
into our penal system, and damn them as they repeat the process until they are there for life. This should
be our modern day Republican Party battle cry. As those who went before us stood for the most
vulnerable citizens, we must do the same today.

It is time to work towards reforming, repealing, and replacing the 1994 crime bill legislation that rules the
judicial system today. A “Rebuilding of the Criminal Justice System by Restoring That Which Was Lost,”
will begin the healing process of our nation. As well as, restore the promises of our Constitution that
guarantees all citizens the 5th, 6th, and 8th Amendment rights, regardless of their financial worth, race,
color, or creed. Although, a few aspects of the 1994 Crime Bill are still valid, the main three aspects
accentuated here must be dealt with swiftly.

As in the days of old righting the wrongs of slavery was a difficult task, this shall be no different. The
American public has bought into the lie that some are “just” more likely to be criminals or criminally
minded and that the most appropriate way to “deal” with them is to bring them to submission. Our
research proves however, that this system is not working and the only thing we are doing successfully is
destroying those who need our help the most. It is not the mindset of the authors of this paper that
criminal behavior should go unpunished, we are of the mindset that punishment should tilt firmly towards
rehabilitation from a holistic perspective and that those who do need to be incarcerated are those who
truly should be there.

Shortly after the 1994 Crime Bill was passed, many states followed suit the repercussions has meant that
a person with a felony record is unable to secured a well-paying job, housing, or education. We have left
them with little alternatives to succeed or to become contributing citizens. The fundamental theory of
Maslow's Hierarchy is literally unattainable by the clear majority of 650,000 prisoners released yearly.
How can America ever be great if we leave this bill in place?

As a nation, we must decide if we will continue to define ourselves as a country that cultivates and
manages criminals, or as a country that sees its people as a national treasure? If we choose the latter the
consequence may result in the saving the lives of countless generations.

24
RECENT BILLS, LAWS AND POLICIES REFORM 70

The Sentencing Reform Act of 2015 reduces certain mandatory minimums for drug offenses, reduces the three-
strike mandatory life sentence to 25 years, broadens the existing safety valve for low-level drug offenders, provides
judges with greater discretion in determining appropriate sentences while ensuring that serious violent felons do not
get out early, and sentencing enhancements for Fentanyl trafficking.

The Criminal Code Improvement Act of 2015 (H.R. 4002) creates a default mens rea standard that applies when
federal law does not provide a state of mind requirement so that only those who intend to commit the crime can be
criminally liable, creates uniform definitions for several terms that are used frequently throughout Title 18 of the
Criminal Code, and protects Americans and small businesses from facing legal repercussions for unintentional
violations.

The Regulatory Reporting Act of 2015 (H.R. 4003) regards federal overreach. Every federal agency is required to
submit a report to Congress, listing each rule of that agency. If violated, offences may be punishable by criminal
penalties, along with information about the rule, so that Congress can make a determination about whether a
criminal penalty is appropriate.

The Fix the Footnotes Act of 2015 (H.R. 4001) fixes the footnotes in the current version of the Criminal Code to
address errors made by Congress in drafting the laws.

The Comprehensive Justice and Mental Health Act of 2015 (H.R. 1854) reauthorizes and updates the Mentally
Ill Offender Treatment and Crime Reduction Act. This Act promotes public safety and community health, while
facilitating collaboration among the criminal justice, juvenile justice, mental health treatment, and substance abuse
systems, to ensure those with mental illness receive the treatment and help they need.

The Second Chance Reauthorization Act of 2015 (H.R. 3406) helps prisoners who have completed their
sentences return to society, builds on the success of the original Second Chance Act of 2008, and continues funding
for both public and private entities to evaluate and improve reentry programming, including academic and
vocational education, for offenders in prison, jails and juvenile facilities. This legislation also includes important
accountability measures and eliminates unused programs.

The Corrections and Recidivism Reduction Act of 2016 (H.R. 759) reforms the federal prison system,
strengthens public safety, enhances prison security, provides inmates the help they need, and protects civil liberties.

The Tiffany Joslyn Juvenile Accountability Block Grant Reauthorization and the Bullying Prevention and
Intervention Act (H.R. 68) reauthorizes the Justice Department’s Juvenile Accountability Block Grant (JABG)
program at $25 million from FY 2017 through FY 2021 and offsets this authorization - no additional cost to
taxpayers. Contains accountability and oversight mechanism to ensure taxpayer dollars are used efficiently and
appropriately.

70
Criminal Justice Report Initiative, accessed May 4, 2017. https://judiciary.house.gov/issue/criminal-justice-reform-initiative/

25
The Due Process Act (H.R. 5283) strengthens protections for Americans’ property through civil asset forfeiture
reform. The bill raises the standard of proof law enforcement must show before depriving an individual of his or her
property, increases accountability and oversight of seizures and forfeitures, for Americans whose property has been
seized by law enforcement agencies.

The Rapid DNA Act of 2016 (H.R. 320) allows Rapid DNA analysis machines to be used at local police stations.
Rapid DNA technology expedites DNA analysis for suspect identification purposes and allows local law
enforcement to accurately identify a suspect in 90 minutes. The current system is delayed by weeks due to the
process of shipping DNA samples to a state lab for analysis and then communicating with the Combined DNA
Index System (CODIS) for to obtain the results.

26