06 02, 2021
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As we work our way out of the pandemic and look forward to brighter days ahead, Law Enforcement Leaders (LEL) continues to carry out its mission to reduce unnecessary incarceration and protect public safety. LEL members remain diligent in leading by example, implementing policies in their jurisdictions and advocating for state and federal legislation that will have far-reaching positive impacts.
 
In addition to routine updates on LEL’s advocacy, please don’t miss this newsletter’s feature on LEL members who have been appointed to serve key federal positions, the release of our new state policy papers, and a farewell note from former Senior Counsel Taryn A. Merkl.
Federal Advocacy
 
Building on previous federal advocacy efforts, LEL members signed on to a letter advocating for Congress to pass the First Step Implementation Act of 2021. This bipartisan bill would recalibrate excessive adult and juvenile sentences, improve opportunities for people returning home from prison, and build on the success of the First Step Act of 2018, which we were also proud to support. As part of our advocacy for this important bill, Executive Director Ron Serpas joined several organizations for a Congressional briefing organized by the FAMM Foundation. At the briefing, Serpas shared LEL’s support for the First Step Implementation Act and the COVID-19 Safer Detention Act, which we first supported last year. On behalf of Right on Crime, LEL Executive Board Member Brett Tolman also spoke at the briefing and drew from his experience as a U.S. Attorney.
 
LEL also endorsed the Kenneth P. Thompson Begin Again Act, bipartisan legislation that would allow low-level, first time drug offenders who have completed court-ordered probation to have their records expunged, regardless of their age at the time of the offense. Additionally, a number of LEL members also signed onto an external letter coordinated by the Brennan Center, joining other law enforcement, corrections, and parole officers in support of the Democracy Restoration Act of 2021. This legislation, which recently passed the U.S. House of Representatives, would restore federal voting rights to all people who have been released from prison, thus reversing unduly punitive policies and encouraging reintegration into society.
 
Finally, as the nation continues to grapple with George Floyd’s death last year, LEL released a statement on April 21, signed by Executive Director Ronal Serpas and Senior Counsel Taryn A. Merkl, on the conviction of former police officer Derek Chauvin for the murder of George Floyd. The statement thanked the jury for its diligent service and acknowledged the work that lies ahead to promote racial justice and transformational police reform.
 

 

State Advocacy
 
LEL continues to focus on state-level advocacy, recently collaborating with the Justice Action Network (JAN) to advocate for a Washington state bill, SB 5226, that would eliminate driver’s license suspensions due to failure to pay court debt. This work builds on LEL’s prior analysis showing that these policies unduly punish individuals in poverty. Chief Carmen Best (Ret.) was critical to this effort by authoring an op-ed in support of the bill, which was published by the Everett Herald in March. Thanks to these efforts, the bill passed the state’s legislature and was signed by Governor Jay Inslee on May 10.
 
In Oregon, LEL signed onto a FAMM Foundation and JAN letter in favor of SB 835, which would improve the medical release process in Oregon. And this past May, in Colorado, LEL joined 11 national organizations in support of HB 1315, to eliminate juvenile justice fines and fees in the state. As detailed in our previous reports, juvenile fines and fees often trap youth and families in cycles of debt and court involvement. Further, juvenile fees undermine youth rehabilitation and are linked to higher recidivism rates.
 
Our state advocacy planning for legislative sessions in 2021 and beyond remain ongoing. If you are working to advance any 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.
 

 

New: Law Enforcement Leaders’ State Policy Papers
 
Towards the end of April, LEL published five new policy papers recommending that state and local governments carefully consider various strategies to promote public safety and ensure justice for local communities. With those goals in mind, and consistent with longstanding LEL principles and recommendations made in our April 2020 federal report Ensuring Justice and Public Safety, the papers offer specific policy recommendations in the areas of:
 

 

Local Efforts by Members
 
In their own jurisdictions, LEL members continue to advocate for and lead the implementation of a wide array of smart criminal justice strategies:
 
  • In April, Attorney General of New Jersey, Gurbir Grewal, instructed all prosecutors in the state to end the use of mandatory minimums for nonviolent drug offenders.
  • Under Sheriff Peter Koutoujian, Middlesex Sheriff’s Office established the Women’s Pre-Release Center to prepare incarcerated women for successful return to their communities by prioritizing family engagement and reunification.
  • After five years leading Houston’s Police Department, Chief Art Acevedo officially joined Miami’s Police Department as the new Chief.
  • Many LEL members, including Sheriff Kevin Joyce of Cumberland County (ME) and Sheriff Jerry Clayton of Washtenaw County (MI), have been working diligently to vaccinate individuals under their custody.
  • Commissioner of New Jersey’s Police Training Commission Jiles Ship joined community members, public officials, and others in support of legislation that would strengthen civilian oversight over law enforcement in the state.
  • DA Cyrus Vance has released over 7 years of criminal justice data with racial and gender breakdowns that are publicly accessible and updated weekly. Similarly, District Attorney Dan Satterberg released a new dashboard with data on King County’s (WA) active felony cases to enhance transparency and accountability.
  • Former U.S. Attorney Brett Tolman was selected to serve in Utah County’s new Conviction Integrity Unit, a 9-person panel, that will be tasked with investigating wrongful convictions and making recommendations to the County Attorney.
  • Deputy Police Commissioner Risco Mention-Lewis spoke about implicit bias training and how it is a critical part of procedural justice reform in law enforcement.
  • District Attorney David Soares celebrated the new Mental Health Court pilot in Albany County (NY), which provides low-level offenders struggling with mental health issues with services and counseling instead of jail beds. In Salt Lake County (UT), District Attorney Sim Gill spoke highly of the Power of Hope program where system actors come together to help people struggling with mental health issues and trauma.
  • Darrell Stephens joined the Council on Criminal Justice, where he will draw from over two decades of law enforcement experience.
  • Sue Rahr retired from Washington’s Training Commission, where she has served as Executive Director since 2012.
 

 

Federal Appointments
 
Several LEL members have been nominated by the Biden Administration to serve in key federal positions:
  • Tucson Police Chief Chris Magnus has been nominated to serve as Commissioner of Customs and Border Protection.
  • Former U.S. Attorney for the Eastern District of Louisiana, Kenneth Polite, has been nominated to serve as Assistant Attorney General for the Department of Justice’s Criminal Division.
  • Anne Milgram, former Attorney General of New Jersey, has been nominated to lead the Department of Justice’s Drug Enforcement Administration.
  • Ron Davis, former Director of the Department of Justice’s Office of Community Oriented Policing Services (COPS) under the Obama Administration, has been nominated to serve as Director of the U.S. Marshals Service.

 

Saying Goodbye: Next Journey for LEL’s Senior Counsel Taryn A. Merkl
 
In early May, LEL’s Senior Counsel Taryn Merkl was sworn in as a U.S. Magistrate Judge in the Eastern District of New York (EDNY). Having served in the EDNY as an Assistant U.S. Attorney for almost 17 years, Taryn is excited to be back “home” in the EDNY courthouse in a new role. As she described it:
 
“Although I am very honored by my appointment to the bench and this incredible opportunity, it is certainly bittersweet to leave LEL at this time, with so much work ahead to improve our systems of justice. The depth and breadth of this coalition is tremendous, and it was truly my honor to represent the coalition, and to collaborate with its members as the group’s Senior Counsel.”
During her time at LEL, and thanks to the support of our Executive Director and participation of our members, the coalition published a major federal policy report, hosted events, prepared five state policy papers, and engaged in substantial federal and state advocacy. Should you be in New York City, feel free to look Taryn up at the federal courthouse in Brooklyn — she’d be happy to hear from you!

 

As always, thank you to all of 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.