As we enter the new year, Law Enforcement Leaders (LEL) and its members continue to innovate and advocate for criminal justice reforms that align with our shared mission to reduce crime and mass incarceration. Don’t miss this newsletter’s updates on a recent advocacy victory and the expansion of LEL’s Executive Board, as well as routine updates on state advocacy, member efforts at the local level, and the status of key federal nominations.

After months of coordinated advocacy, LEL and its partner organizations—including FAMM, the ACLU, Right on Crime, Fair and Just Prosecution (FJP), Law Enforcement Action Partnership (LEAP), and others—celebrated a long overdue victory in the fight for relief for the thousands of individuals on home confinement pursuant to the CARES Act. Reversing its previous stance, on December 21, 2021, the Department of Justice’s (DOJ) Office of Legislative Counsel issued an opinion concluding that the Bureau of Prisons (BOP) is not required to recall individuals successfully serving their sentences on CARES Act home confinement upon the end of the COVID-19 pandemic emergency.

Throughout 2021, LEL utilized its unique law enforcement perspective to advocate for this outcome, highlighting that there is no public safety rationale to support sending these individuals back to federal prison. As detailed in our July advocacy letter to the DOJ, 99.9 percent of individuals released to home confinement committed no new violations. This is because, as LEL’s Mark Osler explained during FAMM’s CARES Act Home Confinement Press Briefing in October, these individuals were released to home confinement after robust vetting by the Trump Administration. Finally, in September, LEL partnered with fellow law enforcement coalitions—FJP and LEAP— to demonstrate a strong showing of law enforcement support for this critical fight. As a result of this collaboration, 75 members of law enforcement signed a letter requesting that the Biden Administration grant clemency to all individuals placed on CARES Act home confinement, regardless of underlying offense or sentence.

Finally, also at the federal level, LEL endorsed the creation of the bipartisan Senate Prison Policy Working Group—created by Senators Jon Ossoff (D-GA) and Mike Braun (R-IN). The Working Group serves as a counterpart to the House’s BOP Reform Caucus, which LEL endorsed last year, and will develop bipartisan policies and proposals to strengthen federal prison oversight and improve communication with the BOP. We join a broad range of organizations with this endorsement—including the Sentencing Project, the American Conservative Union, Due Process Institute, and others. LEL’s Executive Director Ron Serpas summarizes the principles driving LEL’s endorsement:

In February, LEL joined national coalitions to support juvenile justice reform legislation in two states: Tennessee and Florida. If enacted, both bills would eliminate a series of juvenile justice fines and fees. Consistent with our past endorsements and reporting, these bills reflect LEL’s position that fines and fees unduly burden the families of justice-involved youth, increase the risk of recidivism, and waste finite law enforcement resources.

In Tennessee, LEL endorsed HB 2307 (SB 2172), which would eliminate numerous juvenile justice fines and fees, including those associated with probation, court-ordered diversion, court-appointed counsel, and more. As for Florida, LEL endorsed the bipartisan Debt-Free Justice for Children Act (HB 257 / SB 428), which would eliminate 31 fines and fees levied against justice-involved youth. In both states, proposed legislation would not impact judges’ ability to mandate restitution for crimes committed by young people.

Our state advocacy planning for legislative sessions in 2022 and beyond remains ongoing. If you are working to advance innovative criminal justice legislation or reforms in your jurisdiction, please reach out to Leily Arzy at leily.arzy@lawenforcementleaders.org, so we can include your jurisdiction in our planning process.

On December 9, 2021, LEL welcomed three existing members to the Executive Board: Carmen Best, Peter Koutoujian, and John Choi. They bring a wealth of experience to the Executive Board and are national leaders in their respective fields. We look forward to working with them in their new capacity as we seek to fulfill our goal of reducing crime and mass incarceration.

In their own jurisdictions, LEL members continue to advocate for and lead the implementation of a wide array of smart criminal justice initiatives:

• In partnership with Pathways for Healing, Richland County Sheriff’s Department, under the leadership of Sheriff Leon Lott, began providing advocates to victims who report sexual violence. Additionally, in December, The Columbia Metropolitan magazine celebrated Sheriff Lott’s career and the strong reputation that his department has earned within the law enforcement and broader community.
• Following a decline in overall crime for the ninth consecutive year, Public Safety Commissioner Michael Sauschuck recognized Maine’s law enforcement officers for their continued dedication during the pandemic.
• D.C. Attorney General Karl Racine announced an expansion of his office’s Cure the Streets program, which, using a public health approach, deploys violence interruption professionals to reduce gun violence.
• Sheriff Peter Koutoujian discussed his efforts leading the creation of the Middlesex County Restoration Center—a multi-agency pilot program that will divert people experiencing behavioral health crises away from jail and towards appropriate care and treatment. Sheriff Koutoujian recently announced that the Center was awarded $5 million in funding.
• With New York Law School’s Post-Conviction Innocence Clinic, Suffolk County District Attorney Timothy Sini released a report detailing the extent of a former prosecutor’s misconduct—a significant undertaking that advances transparency and accountability.
• Sagadahoc County Sheriff Joel Merry explained to state leaders in Maine that county jails have become stabilization units for people experiencing mental health crises and how such criminalization is not an appropriate solution.
• Los Angeles County District Attorney George Gascón launched the Restorative Enhanced Diversion for Youth (REDY) program to allow young people to take accountability for their actions and provide opportunities for personal development.
• Dallas County District Attorney John Creuzot is preparing to introduce the Dallas Deflects program in order to divert individuals struggling with mental illness, who have committed non-violent offenses, away from jail and towards appropriate medical care.
• Charles Ramsey, former commissioner of the Philadelphia Police Department, weighed in on how law enforcement can meet the reform demands of this moment.
• In November, Ramsey County Attorney John Choi joined the ACLU of Minnesota to advocate for the restoration of voting rights for over 50,000 people on felony probation. Additionally, in December, County Attorney Choi was selected to serve on the Minnesota Governor’s Council on Justice Reinvestment to identify ways to improve community supervision while also bolstering community safety.
• Carmen Best, retired Seattle Police Chief, spoke to PoliceOne’s Policing Matters podcast about the challenges facing police leaders today.
• Former Miami Police Chief Art Acevedo joined CNN as a commentator to share his expertise on law enforcement and criminal justice matters.
• Announced in January, former Assistant U.S. Attorney Kami Chavis will join William & Mary Law School to serve as the founding director of the Center for Criminal Justice Policy and Reform.
• Former U.S. Attorney Brett Tolman wrote in support of expanding parole opportunities and reentry initiatives in Mississippi.
• Assistant Attorney General Kenneth Polite discussed how his family history informed his stance on criminal justice issues and brought him to the conclusion that responding to violent crime and increasing access to social services can be done in tandem.
• Prince William County’s Human Rights Commission honored Chief Peter Newsham and the Prince William County Police Department for their “Reimagining Police: Courageous Conversations” initiative.
• San Francisco Police Chief William Scott celebrated the California Attorney General’s progress report, which acknowledges the San Francisco Police Department’s 90 percent compliance rate with its Collaborative Reform Initiative.

Finally, in December 2021, LEL Board Member Cyrus Vance Jr. ended his term as Manhattan District Attorney. Congratulations to Mr. Vance for 12 years of leadership during which he implemented numerous innovative reforms to reduce unnecessary reliance on the criminal justice system.

Joining LEL’s Anne Milgram, Kenneth Polite, and Ronald L. Davis in being confirmed for federal appointments:

• Former Tucson Police Chief Chris Magnus was confirmed by the U.S. Senate to serve as the Commissioner of the U.S. Customs and Border Protection in December 2021.
• Former New Jersey Attorney General Gurbir S. Grewal was appointed to serve as the Director of Enforcement of the Securities and Exchange Commission in June 2021.

As always, thank you to our members for working to keep our communities safe and to advance our justice goals. If you would like your local efforts featured in our next newsletter or on the LEL website, please contact Leily Arzy at leily.arzy@lawenforcementleaders.org.