As police reform talks sputter, bipartisan criminal justice bills advance

The backers of this year’s criminal justice legislation recognize that it is a smaller effort than the 2018 criminal Justice reform bill. This was a rare moment in Trump's presidency of unity. It might prove more difficult to get Senate GOP support without Trump. Advocates argue that the current bills are a necessary next step, and Congress has limited time to act on the Trump-era law known the First Step Act.Bipartisan legislation could define President Joe Biden's legacy in crime. Biden was a key player in negotiating the passage of the 1994 crime bill. These parts have been criticized by progressives for their contribution to mass incarceration. Biden also apologized for the decades-old position he took during his White House campaign.Durbin's optimism about the Biden administration's ability to make progress in building an equitable justice system is not unique. Hakeem Jeffries, the House Democratic Caucus Chair (D-N.Y.), said this week that both chambers would "be moving a series bipartisan criminal justice reform legislations... to address the mass incarceration epidemic in America and the over-criminalization issue that both Democrats and Republicans acknowledge as a challenge that must immediately be addressed."It remains to be seen if Republicans will support criminal justice reform in the same way they supported it in 2018. After a Trump personal appeal, the Senate passed the First Step Act. It included both sentencing and prison reform provisions. However, many conservatives voted for it. The current rise in violent crime is a potential deterrent that a Democrat in Washington.Grassley stated in an interview that "a bigger problem is the huge rise in crime in recent years." That is the greatest obstacle, and not Trump's incompetence.Durbin countered by saying that the package he's working on with Grassley is a trio bill. It focuses on nonviolent crime.The Illinois Democrat, however, agreed that Trump's absence has had an impact on the GOP's outlook for criminal justice reform.Durbin stated that some of those who were not openly opposed to the First Step Act now are more skeptical. While his blessing was a major factor in the success of some Republicans, I must say that many others were loyal to the cause.Holly Harris, President and Executive Director of the Justice Action Network, described Senate Judiciary Committee to be the most difficult platform for bipartisanship. However, she predicted that many of these lawmakers will be reminded of the positive narrative surrounding the bipartisan cooperation that was involved in the development of the 2018 law.The Senate Judiciary Committee approved so far three bills cosponsored by Durbin & Grassley.Former President Donald Trump talks about the "First Step Act", a prison reform bill. Mark Wilson/Getty ImagesFirst, it would allow inmates to petition for retroactive application of the 2018 sentencing changes. The second would prevent a judge from considering conduct in which a defendant has been acquitted of sentencing. The third would allow elderly prisoners to continue their sentences at home. This measure also contains a provision that allows vulnerability to Covid-19 to be considered a reason for compassionate freedom.Criminal justice reform advocates advocate for more provisions to be included in a larger package. This includes legislation that would eliminate any disparity between crack cocaine and powder cocaine offenses. Durbin's committee heard the bill last month, with GOP Governor. Asa Hutchinson, Arkansas Matthew Charles (Ark.), the former Drug Enforcement Administration chief and Asa Hutchinson (Ark.), the first person to be released from prison following the passage of the First Step Act in 2018.It is difficult to close the crack-cocaine sentencing gap, which has been a progressive cause for a long time. Senate conservatives won't sign on. Sen. Ted Cruz (R.Texas), for instance, questioned why the committee didn't focus more on drug trafficking at U.S.-Mexico borders.Grassley has not yet backed the legislation. It only includes two Senate Republican supporters, Rob Portman (Ohio) and Rand Paul (Kyle). This bill is a continuation of a 2010 bill Durbin and then-Sen. Jeff Sessions (R.Ala.), which reduced the sentencing gap from 100-to-1 down to 18-to-1.Jason Pye, director for rule of law Initiatives at nonprofit Due Process Institute, stated that we are currently in a situation where many people are curious about the second step on criminal justice Reform. These three bills are important, but there is more we can do.Grassley suggested that a bipartisan package might include other priorities than his three bills with Durbin and warned that each one of us will have to give some to put together a package.Iowa Republican suggested that compromises could be possible to reduce the sentencing disparity for crack cocaine and powder cocaine. However, Republicans may not be able to eliminate it completely.The sentencing disparity debate was further complicated by a recent Supreme Court ruling regarding the interpretation of sentencing-reduction provisions in the 2018 Criminal Justice Reform Bill. It ruled out retroactive reductions in cases where judges did not impose mandatory minimum sentences on drug charges.Advocates hope to see more movement before Congress departs for its August recess. Durbin and Grassley suggested that this could prove difficult due to the short time they have left and the intense focus on reconciliation and the bipartisan infrastructure agreement. Durbin stated that he is trying to pass his bills via voice vote. However, if that fails, he will request floor time from Chuck Schumer (D.N.Y.), Senate Majority Leader. Grassley said that it would be more likely to pass the bills in the fall.Some advocacy groups, such as the ACLU, are pushing Biden to do more to ensure clemency for prisoners in prison for drug-related offenses and the commutation of sentences for individuals who were released to home confinement during this pandemic.The Trump administration could have determined that thousands of people are safe to be released home to finish their sentences, according to Udi Ofer (director of the ACLU's justice section). It will be under the Biden administration, that thousands of people are sent back to prison.Proponents of criminal justice reform believe that any type of legislation will be passed as Congress enters the second quarter of the year. This is despite the wide range of ideologies involved in the movement.Both Republican and Democrat members have a strong interest in it based on inequities caused by past tough-on-crime legislation, Grassley stated. It is important to have both the most conservative and liberal interest groups working together in order to make it work.Sarah Ferris contributed to the report.