As 2021 comes to an end, LEL wraps up an eventful year of advocacy and coalition-building centered on our mission to reduce crime and mass incarceration. Don’t miss this newsletter’s overview of recent federal advocacy efforts, local reforms from LEL members throughout the country, and updates on key federal nominations.

Over the past several months, LEL has engaged in a broad range of federal advocacy efforts. On numerous occasions, members of Congress and justice reform groups—across the political spectrum—have called upon our coalition to share our unique voice and expertise.

Building on our previous work on the home confinement front, LEL joined partners at Fair and Just Prosecution (FJP) and Law Enforcement Action Partnership (LEAP) to submit a letter to President Joe Biden, urging clemency for all individuals placed on home confinement pursuant the CARES Act, regardless of underlying offense or sentence. In our letter, we discuss how—due in large part to the robust vetting undertaken by the previous administration—99.9 percent of the estimated 4,000 individuals on home confinement committed no new violations. In addition, our letter received 75 signatories from individuals in law enforcement across the U.S.—a strong showing of support for this important fight.

In terms of federal advocacy directed at the Hill, LEL has endorsed several pieces of legislation that advance our mission. First, in September, LEL joined 14 bipartisan organizations and endorsed the Kenneth P. Thompson Begin Again Act (S. 2502), which would remove the age requirement for those seeking criminal record expungements for first-time federal drug possession offenses. If passed, this legislation would alleviate the collateral consequences associated with a criminal record, allowing individuals to find employment and making our communities safer in the long run. Next, in October, LEL expressed support for the House version of the Smarter Pretrial Detention for Drug Charges Act of 2021 (H.R. 5722), which would eliminate the presumption of pretrial detention for individuals charged with nonviolent drug offenses, allowing judges to make individualized pretrial detention determinations.

Also in October, LEL worked closely with Senate Judiciary leadership to urge the passage of a bipartisan criminal justice package, comprised of the First Step Implementation Act (S.1014), COVID-19 Safer Detention Act (S. 312), and Prohibiting Punishment of Acquitted Conduct Act (S. 601). The First Step Implementation Act would, among other provisions, strengthen judicial discretion in sentencing, ensuring that some previously enacted sentencing reforms are applied retroactively and allow individuals who committed crimes as young people to be considered for sentence reduction (after serving 20 years). For its part, the COVID-19 Safer Detention Act would expand the availability of compassionate release and Elderly Home Detention for low-risk, nonviolent individuals who remain at risk of severe COVID-19 complications. And, finally, the Prohibiting Punishment of Acquitted Conduct Act would strengthen fairness and procedural justice in the federal criminal justice system by prohibiting courts from considering, at sentencing, evidence from previous acquittals. As we state in our letter, these pieces of legislation make modest reforms—narrow in scope and carefully designed to ensure that no one who poses a threat to public safety receives relief.

Finally, LEL endorsed the Congressional Bureau of Prisons (BOP) Reform Caucus—a bipartisan group of lawmakers led by Congressman Fred Keller (R-PA)—that seeks to increase accountability and transparency within the BOP. LEL continues to support efforts that increase oversight over federal prisons and address the need for systemic reform within the BOP.

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

• Forbes Magazine named Portsmouth Commonwealth’s Attorney Stephanie Morales a “Rising Star” as part of its For(bes) The Culture 50 Champions series—which recognized her numerous efforts to improve the criminal justice system including the creation of re-entry programs for formerly incarcerated people.
• Under Director Brian Gootkin’s leadership, Montana Department of Corrections will repurpose a facility in Glendive to serve as a residential substance use disorder facility for individuals in need of treatment.
• Tucson Police Chief Chris Magnus called on city officials to staff the 911 communications center with mental health professionals in order to more effectively triage calls and improve information-sharing when people are in crisis.
• Sheriff Peter J. Koutoujian advocated for the robust funding of the Middlesex County Restoration Center, which will provide law enforcement a location to divert individuals in crisis and will provide immediate and appropriate behavioral health intervention and services.
• Ramsey County Attorney John Choi has begun diverting some juvenile justice cases to a three-person review panel, which often recommends that youth be sent to restorative, community programming in lieu of the punitive criminal-legal system. Choi also announced that his office will no longer prosecute felony cases rooted in low-level traffic stops in an effort to reduce racially biased stops.
• In October, former Wilmington Police Chief Bobby Cummings was named Chief of Public Safety and Police at Delaware State University.
• In his home state of Vermont, Attorney General TJ Donovan advocates for the expungement, instead of the sealing, of criminal records for certain offenses.
• Former Seattle Police Chief Carmen Best published her new book Black in Blue: Lessons on Leadership, Breaking Barriers, and Racial Reconciliation.
• In September, Cook County Sheriff Thomas Dart launched a new initiative to find missing women, approximately 170 individuals, in his jurisdiction.
• Former Charlotte-Mecklenburg Police Chief Darrel Stephens was selected to co-lead the Policing, Security Technology, and Private Security Research & Policy Institute at Florida State University’s College of Criminology & Criminal Justice.
• Former Assistant U.S. Attorney Mark Osler participated in a FAMM Foundation press briefing and urged the Biden Administration to grant clemency to the approximately 4,000 individuals on home confinement pursuant the CARES Act.
• Under Wichita Police Chief Gordon Ramsay’s leadership, Wichita Police Department hosted Second Chance Thursdays, so individuals with suspended licenses could clear their warrants without facing jail time. Ramsay also launched the SERV initiative to reduce youth violence by addressing the root causes of crime and providing young people with resources such as employment, education, and substance abuse programs.
• David LaBahn, President of the Association of Prosecuting Attorneys, and Sim Gill, Salt Lake City District Attorney, will partner to evaluate the Salt Lake County District Attorney Office's practices and identify ways to strengthen community trust and procedural justice.
• In the attached Washington Examiner piece, former U.S. Attorney Brett Tolman makes the conservative case for criminal justice reform and reiterates LEL’s founding principle: we can reduce crime while also reducing mass incarceration.
• Davis County Attorney Troy Rawling has created a diverse Conviction Integrity Unit to review cases of individuals with felony convictions who maintain their innocence.
• Former Redlands Police Chief Jim Bueermann and Middlesex County Sheriff Peter Koutoujian met with senior White House and Department of Justice officials to discuss federal police reform.

• Joining LEL’s Anne Milgram and Kenneth Polite, Ronald L. Davis, former COPS director and police chief, was confirmed by the U.S. Senate to serve as the Director of the U.S. Marshals Service.
• Tucson Police Chief Chris Magnus awaits Senate confirmation for his nomination to serve as Commissioner of the U.S. Customs and Border Protection.

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.