Senate Proposal on Criminal Justice Reform

Senator Jon Ossoff (Georgia)

Resolved by the U.S. Senate of the United States of America, that the following article is proposed as federal law under the jurisdiction of the United States of America, enforceable by Executive action.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that a Criminal Justice Reform bill shall be considered. Violent crime, murder, rape, human trafficking, and corruption are rampant, yet we spend billions locking up nonviolent drug offenders which fill our prisons for no societal gain. This bill seeks to render justice and protect the public while upholding due process, civil rights and civil liberties, and equal protection under the law. The incarceration of tens of thousands guilty of non-violent, victimless crimes, destroys lives with no justice, and causes the Federal and State Prison System(s) to incur massive costs. The ideology of defunding the police is irrelevant and unhelpful to this cause and this bill shall focus on the unjust sentencing in non-violent crimes and misdemeanors.

Section 1: Explanation of Terminology

Misdemeanor - a crime punishable by less than 12 months in jail

Criminal Justice Reform - structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism

Justice - just and fair behavior or treatment

Due Process - fair treatment through the normal judicial system, especially as a citizen’s entitlement

Civil Liberties - freedoms guaranteed to us by the Constitution to protect us from tyranny

Civil Rights - the legal rights that protect individuals from discrimination

Incarnation - Imprisonment or confinement

Section 2: The Bill

This act shall require that all misdemeanors reduce their maximum sentencing to include fines, public service, and if needed rehab or counseling. Jail time will no longer be a viable option in sentencing. The same shall occur for non-violent crimes as well as drug crimes in which the charge is not a felony. Mandatory sentencing of prison and the War on Drugs as responses to addiction, mental illness, and poverty have caused mass incarceration that does much more harm than good for our country. This bill shall reduce our incarceration rates and reduce overcrowding in prisons as well as provide justice for those who are charged and sentenced to extreme penalties. We will focus on rehabilitation and not punishment for offenders and funding that is saved from prisons can be used to start and support rehabilitation programs. Currently, the deck is stacked against defendants who lack money and privilege to fight for their rights. Those with wealth and connections tend to receive special treatment or outright impunity. The new approach to punishment must respect the human dignity of incarcerated people and recognize that except for dangerous violent criminals, successful re-entry to society after incarceration is crucial for both the convicted and the public.

Section 3: Location

This bill shall affect all federal courts and prisons as well as override all state courts and prisons as federal law is “the law of the land.” The main focus will be creating this reform in large cities (population greater than 100,000 people) as this is where the majority of the incarcerated are from.

Section 4: Funding and Enforcement

This bill requires no extra funding as the goal is to change the way that courts rule on cases. The Department of Justice will be in charge of enforcement as they are “tasked with the enforcement of federal law and administration of justice in the United States.” This directly relates to the enforcement of law and administration of justice. The Supreme Court will make all final rulings with this bill and their rulings will be deemed final.

Section 5: Non-Compliance

If State or Federal Courts refuse to act in compliance with this bill, lawsuits can and will be brought by the Department of Justice to ensure that all standards are being followed and no one is being treated unjustly in their sentencing.

Section 6: Enactment Date: When will the law go into effect?

This law shall go into effect on January 1st of the year following its enactment.