Issue Position: Criminal Justice Reform

Issue Position

Introduction

The deep disparities in our nation's criminal justice system are not new. They are not secret. For me, they are deeply personal. For years, policymakers, advocates, and community members have known that our criminal justice system disproportionately punishes black and brown people, yet we have seen too little progress made towards addressing this inequality.

According to the Prison Policy Initiative, 23,000 people are currently incarcerated in Massachusetts. Of those currently in prison, more than a quarter are black - despite the fact that black residents make up only seven percent of the Commonwealth's population; hispanics comprise 27 percent of inmates, but only 10 percent of the population. Black residents in the 7th Congressional district, on average, are incarcerated at 6 times the rate of white residents. Communities that have a significant number of low-income households and minority residents account for an incredibly disproportionate number of those currently behind bars.

I have talked throughout this campaign about the fact that many of the disparities we see in the 7th District are not naturally occurring - they are the result of previous policy decisions; the issues in our criminal justice system are no exception. The disastrous consequences of the war on drugs, the incarceration that results directly from the imposition of cash bail and exorbitant court costs, the perverse incentive of the for-profit prison industry - each of these is a policy decision that has led to the disproportionate imprisonment of people of color. Addressing each of them will require intentional work to roll back decades of inequitable policy.

Moreover, we must end the profitization of free and forced labor by inmates. Today, nearly 700,000 inmates hold jobs in prisons, ranging from mopping floors and serving food to GED tutoring and office filing, oftentimes earning little to no pay for their work. It's imperative that inmates be given better living conditions, fairer wages, and the basic human dignity that they deserve. While front and back-end reforms to our prison system are desperately needed, so too are changes that impact the experiences of men and women already inside of it.

We must also be cognizant that criminal justice challenges cannot be addressed only by focusing on what happens between the moment an individual becomes court involved and the moment they are released from prison. Social determinants like housing, education, health, and economic opportunity play a critical role in whether young people end up on a trajectory towards court-involvement, and whether individuals who were previously imprisoned remain at risk of re-incarceration. We must be committed to a criminal justice reform approach that recognizes the importance of both early intervention and comprehensive support for those who have been previously incarcerated.

On the City Council, I have been committed to addressing the social conditions that lead to the disproportionate incarceration of black and brown men and women. I've worked to reform school discipline policies that lead to the pushout of minority students. I worked to increase access to housing among non-violent individuals with CORIs. And I filed a resolution in support of legislation that would create a review panel to make recommendations on gender responsive and trauma informed approaches that address specific needs for justice involved women, including family visitation, reproductive health care, and pretrial services. This is the same kind of intentional, impactful leadership we need on these issues in Congress.

Policy Priorities

Juvenile Justice Reform

Stop Prosecuting Minors as Adults & End the use of Juvenile Life Without Parole sentencing. The US is the only country in the world that sentences people to life sentences without the possibility of parole, including those under the age of 18. It is my belief that a system that cuts off the path to rehabilitation and a second chance, especially for children, is both cruel and misguided. We should be investing in alternatives to incarceration, focusing on reducing the number of youth in jail and expanding federal funding for diversion programs. Juveniles have enormous capacity to be rehabilitated and should be given an opportunity to have their cases reviewed after a reasonable amount of time has been served. In Congress, I will co-sponsor the Juvenile Justice Reform Act to reform our justice process as it relates to youth and author amendments to both raise the age of prosecution for minors as a adults to 18 and end federal juvenile life without parole sentencing.
Ensure the Right to Counsel for Unaccompanied Minors. Under current law, migrant children are guaranteed court hearings, but unlike defendants in criminal court proceedings, immigrants (including children) facing deportation are not automatically entitled to an attorney. The notion that children as young as 12 months are capable of defending their rights in court not only defies basic common sense, but it lacks understanding of the brutal circumstances that brought them here and the trauma they have endured as a result. In Congress, I will champion funding that guarantees a right to counsel for unaccompanied immigrant children.
Decriminalizing Poverty

End The Cash Bail System. Cash bail-- which requires people to pay money to gain their freedom while their case is being adjudicated--means people who cannot afford to pay bail remain in prison for weeks or months without having been convicted of any crime. The consequences of this system, which disproportionately impacts low-income people of color, include job loss, foreclosure, and eviction and can be devastating for individuals and their families. In Congress, I will co-sponsor the No Money Bail Act of 2017, a bill that seeks to eliminate the use of money bail and instead incentivize states to consider the nature of charges and past criminal histories during pretrial intake. I believe there are evidence-based alternatives that can be used in place of the money bail system to ensure that low-risk defendants return to court.
End Predatory Prison Phone Rates. No family should have to choose between speaking to an incarcerated loved one or relative and paying a utility bill. With a growing prison population, many private companies have forced those who are incarcerated (along with their families, friends, and lawyers) to pay exorbitant per-minute rates that can run as high as $14 per minute. Studies show that increased contact and communication with family members can reduce recidivism and ultimately save taxpayer money. In Congress, I will sponsor a bill to require the Federal Communications Commission to impose just and reasonable charges for inmate phone services, similar to legislation introduced in the US Senate.
End the War on Drugs

Prioritize treatment, not prison, for people with mental health or substance use issues. The federal war on drugs has criminalized addiction and substance use disorders in a way that has devastated communities and diverted critical resources from efforts to expand access to treatment and care. In Congress, I will support efforts to reframe our approach and invest in programs that prioritize prevention and treatment over incarceration, including the expansion of dedicated drug courts. And this approach must be extended to individuals and communities struggling with all types of substance use disorders, including prescription opioids, but also including alcohol, crack cocaine, and heroin.
Legalize Marijuana. States all across the country, including Massachusetts, are adopting laws to legalize the use marijuana for medicinal and recreational purposes. In Congress, I will support efforts to not only legalize marijuana, but to also deschedule and remove it from the DEA's list of controlled substances - a classification that puts marijuana in the same category as heroin. This move would end the federal prohibition of the substance, leave its regulation up to individual states, and reduce incarceration as a result of marijuana possession.
Expunge Records of Non-Violent Offenders. Our work to correct the misguided war on drugs cannot end with the legalization of marijuana. Far too many people are serving life sentences in prison for non-violent, drug-related offenses and they shouldn't be forgotten. In Congress, I will sponsor legislation to commute and/or expunge the sentences of people convicted of federal crimes related to marijuana as part of a comprehensive federal effort to legalize the substance.
Prison Reform

Sentencing Reform. The policies imposed during the tough-on-crime era of the 1990's have resulted in overly harsh and lengthy sentences for many inmates, and have had tragic consequences on families and communities. Moreover, African Americans and Latinos are more likely than their white counterparts to not only be arrested but convicted and given longer sentences. In Congress, I will sponsor legislation, similar to the Senate's bipartisan Sentencing Reform and Corrections Act, to reform our sentencing laws and also examine policies and practices that contribute to the racial inequities that occur at nearly every step of our criminal justice system.
End State and Federal Funding of Private Prisons. The system we have now creates a perverse incentive to keep people in prison, rather than treat and rehabilitate them for a second chance in society. I believe a critical factor in our prison industrial complex is the carving out of government's core responsibility to oversee and manage our justice system. Private corporations have wielded significant influence over the policies and practices in our system and as such have contributed greatly to overcriminalization and mass incarceration. In Congress, I will support efforts to codify Obama-era guidance that bans federal and state governments from giving contracts to private prison corporations.
Probation and Parole Reform. An estimated 7 million Americans are under supervision in the US probation and parole system. The intent of this system is to keep people out of prison, but more often than not, it backfires. Individuals who are on parole - who are disproportionately black and brown - cycle in and out of prison due to minor violations like missing curfew or a meeting with a parole officer. In Congress, I will sponsor legislation to reinstate parole (or early release) for federal prisoners and that strengthens Department of Justice guidelines to 1) shorten parole and post-release supervision terms, 2) shorten and cap jail time for technical violations, 3) expand the amount of good time credit inmates can earn, and 4) incentivize states and local probation departments to develop effective solutions to reduce recidivism of probationers.
End capital punishment. The death penalty is outdated and inhumane form of punishment that pushes the bounds of the Eighth Amendment, which protects citizens from being subjected to "cruel and unusual punishment." Even more troubling the death penalty is handed down disproportionately on black and brown defendants. Studies shows despite making up only 13 percent of the US population, African-American defendants make up 42 percent of those on death row. Moreover, there have been numerous wrongful convictions in capital punishment cases, calling into question its continued use. In Congress, I will sponsor legislation to abolish the use of capital punishment as a punitive measure at the federal level. Not only is its abolition the morally right step to take to eliminate widening racial disparities in the criminal justice system, but it sends a strong message that there are more effective measures to deter crime and keep our communities safe.
Limit Out-of-State transfers. Numerous studies tell us that in-prison contact with family members not only helps to keep families connected, but eases the transition home once inmates are released - reducing recidivism. However, due to overcrowding, many jails and correctional facilities will send prisoners out-of-state -- sometimes up to 500 miles away from home. By car, that's a 14 hour round trip that often results in added expenses to families and larger gaps in between visits. In Congress, I will champion efforts to limit out-of-state transfers of inmates wherever possible.
Support Compassionate Release of Elderly & Ill Inmates. Elderly inmates are one of the fastest growing segments of the prison population, but also one of the sickest, accounting for about $1.3 billion dollars in health care spending during fiscal year 2016. Compassionate release allows incarcerated people to petition for early release if they present certain "extraordinary and compelling" reasons; it's intent is to allow certain inmates, who pose no risk to public safety, early release from prison to offset the financial strain of overcrowding and costly medical care. However, reports show that between 2013 and 2017 the Bureau of Prisons (BOP) granted just 6 percent of the 5400 petitions for compassionate release, while "266 inmates who requested compassionate release died in custody." In Congress, I will support efforts to more effectively target the compassionate release program.
Law Enforcement Reform

Establish a US Commission on Criminal Justice. I will co-sponsor the National Criminal Justice Commission Act to create a national, bipartisan, interagency commission on criminal justice to conduct a thorough review of the justice system, make recommendations for reform, issue findings, and provide guidance to federal, state, local and tribal governments. That which gets measured, gets done; better understanding and quantifying the current failings of our criminal justice system is essential to achieve systemic, long-term reform.
Create a National Database of Police Shootings. Gun violence, including fatal shootings by police, is a national public health epidemic that remains underreported and understudied. Despite increased national attention, no agency is currently tasked with collecting reliable, accurate data on fatal police shootings. In order to determine best practices for keeping civilians, communities, and law enforcement safe we must first understand the true extent of the problem. That is why I will sponsor legislation in Congress to create the first federally-mandated database of police shootings, so that both policymakers and impacted communities can have access to accurate and reliable data on officer-related deaths.
Automatic, independent investigations for police-involved incidents resulting in the death of civilians. More than 500 fatal shootings by police officers have occurred so far in 2018 (nearly two dozen cases more than were reported this same time last year). The erosion of public trust in the ability of police departments to investigate and respond to these shootings in a fair and unbiased manner threatens to further undermine trust between law enforcement and our communities. In Congress, I will sponsor legislation that requires the independent investigation and, where appropriate, prosecution of both fatal officer-involved shootings and in-custody deaths.
Support Communities in Setting Up Civilian Review Boards. In Congress, I will support the Local Task Forces on 21st Century Policing Act of 2018, introduced by Rep. Eleanor Holmes Norton (D-DC) and modeled after the Obama Administration's Task Force on 21st Century Policing. Local task forces are one way for police to not only engage members of their communities, but also brainstorm and adopt community-driven policies to help reduce crime and build trust.
Address the Intersection of Law Enforcement and Mental Health. With the climbing rates of death and imprisonment of people with mental illness resulting from interactions with law enforcement, sensitive domestic and community violence issues can and should be handled in partnership with a team of appropriate behavioral health professionals. As a Boston City Councilor, I have fought to adopt this multidisciplinary, trauma-informed approach as part of the Boston Police Department budget, and I will continue that fight in Congress. I will sponsor legislation to establish and fund Mental Health Response Teams that include behavioral health specialists, social workers and crisis counselors as part of crisis response teams in police departments across the nation.
Defund Immigration and Customs Enforcement (ICE). The actions of Immigration and Customs Enforcement (ICE) under the Trump Administration - including indiscriminate raids in our communities - are creating an atmosphere of toxic fear and resulting in widespread trauma among immigrants and their families, undermining efforts to create trust and integrate immigrant communities. I believe we need to fundamentally reform our immigration system, beginning with eliminating the detainment and deportation functions within ICE, which have become so destructive to our communities.
Reentering Society

End the use of past criminal history to determine eligibility for housing, education, licenses, voting, loans, employment, and other services and needs. A criminal record can have long-lasting effects on those who were formerly incarcerated, particularly as they work to obtain housing, employment, and education. Access to these services are critical factors in preventing recidivism. In Congress, I will sponsor new legislation that removes barriers formerly incarcerated individuals face in access to public housing, and also restores their eligibility for SNAP, professional licenses, voting, loans, employment and education.
Stop Census Gerrymandering. The Census Bureau has a long-standing practice of counting incarcerated individuals as residents of the place they are imprisoned, rather than their home address. This matters because counting prisoners inflates the population of districts that are home to prisons and undercounts districts - many majority-minority and low-income - where a disproportionate percentage of the population are incarcerated, giving greater political power to the people who vote in districts that are home to prisons. In Congress, I will continue to be a fierce advocate for the elimination of this unfair practice by the US Census Bureau.
Justice-Involved Women

Gender-informed approaches. Women are the fastest growing population of inmates. A majority of incarcerated women are mothers and are the primary caretakers of one or more dependent children. In Congress, I will support legislation to adopt gender-responsive and trauma-informed approaches that address the specific needs of incarcerated women (e.g., family visitation, reproductive and behavioral health care, pretrial services and programming, among others), reduce harm to families, maximize rehabilitation, reunification, and ultimately, successful reentry into the community.
Disrupt School-to-Prison Pipeline. Gender and race stereotypes, as well as overly harsh discipline practices, play a significant role in girls' dropout rates, and can lead to involvement with the juvenile justice system. Black and Latinx girls nationally are six times more likely to be suspended from school than their white counterparts, whereas in Boston, girls of color are nearly 11 times more likely to face suspension. When the education of girls is interrupted, there are startling, lifelong ramifications for them, their families, and the community as a whole. In Congress, I will push to improve school discipline policies and codify requirements for the U.S. Department of Education to collect and share best practices so that school districts can develop and equitably implement culturally-competent and gender-informed policies.

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