National Criminal Justice Commission Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2434 To establish the National Criminal Justice Commission. IN THE SENATE OF THE UNITED STATES AUGUST 1, 2019 Mr. PETERS (for himself, Mr. GRAHAM, and Mr. CORNYN) introduced the fol- lowing bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish the National Criminal Justice Commission. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Criminal Jus- 4 tice Commission Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 (1) it is in the interest of the United States to 8 establish a commission to undertake a comprehen- 9 sive review of the criminal justice system; 10 VerDate Sep 11 2014 22:11 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2434.IS S2434 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 2434 IS (2) there has not been a comprehensive study 1 since the President’s Commission on Law Enforce- 2 ment and Administration of Justice was established 3 in 1965; 4 (3) in a span of 18 months, the President’s 5 Commission on Law Enforcement and Administra- 6 tion of Justice produced a comprehensive report en- 7 titled ‘‘The Challenge of Crime in a Free Society’’, 8 which contained 200 specific recommendations on all 9 aspects of the criminal justice system involving— 10 (A) Federal, State, Tribal, and local gov- 11 ernments; 12 (B) civic organizations; 13 (C) religious institutions; 14 (D) business groups; and 15 (E) individual citizens; and 16 (4) developments over the intervening 50 years 17 require once again that Federal, State, Tribal, and 18 local governments, law enforcement agencies, includ- 19 ing rank and file officers, civil rights organizations, 20 community-based organization leaders, civic organi- 21 zations, religious institutions, business groups, and 22 individual citizens come together to review evidence 23 and consider how to improve the criminal justice 24 system. 25 VerDate Sep 11 2014 22:11 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2434.IS S2434 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 2434 IS SEC. 3. ESTABLISHMENT OF COMMISSION. 1 There is established a commission to be known as the 2 ‘‘National Criminal Justice Commission’’ (referred to in 3 this Act as the ‘‘Commission’’). 4 SEC. 4. PURPOSE OF THE COMMISSION. 5 The Commission shall— 6 (1) undertake a comprehensive review of the 7 criminal justice system; 8 (2) submit to the President and Congress rec- 9 ommendations for Federal criminal justice reform; 10 and 11 (3) disseminate findings and supplemental guid- 12 ance to the Federal Government, as well as to State, 13 local, and Tribal governments. 14 SEC. 5. REVIEW, RECOMMENDATIONS, AND REPORT. 15 (a) GENERAL REVIEW.—The Commission shall un- 16 dertake a comprehensive review of all areas of the criminal 17 justice system, including the criminal justice costs, prac- 18 tices, and policies of the Federal, State, local, and Tribal 19 governments. 20 (b) RECOMMENDATIONS.— 21 (1) IN GENERAL.—Not later than 18 months 22 after the date of the first meeting of the Commis- 23 sion, the Commission shall submit to the President 24 and Congress recommendations for changes in Fed- 25 eral oversight, policies, practices, and laws designed 26 VerDate Sep 11 2014 22:11 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2434.IS S2434 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 2434 IS to prevent, deter, and reduce crime and violence, re- 1 duce recidivism, improve cost-effectiveness, and en- 2 sure the interests of justice at every step of the 3 criminal justice system. 4 (2) UNANIMOUS CONSENT.—If a unanimous 5 vote of the members of the Commission at a meeting 6 where a quorum is present pursuant to section 6(d) 7 approves a recommendation of the Commission, the 8 Commission may adopt and submit the recommenda- 9 tion under paragraph (1). 10 (3) PUBLIC ACCESS.—The recommendations 11 submitted under this subsection shall be made avail- 12 able to the public. 13 (c) REPORT.— 14 (1) IN GENERAL.—Not later than 18 months 15 after the date of the first meeting of the Commis- 16 sion, the Commission shall disseminate to the Fed- 17 eral Government, as well as to State, local, and 18 Tribal governments, a report that details the find- 19 ings and supplemental guidance of the Commission 20 regarding the criminal justice system at all levels of 21 government. 22 (2) MAJORITY VOTE.—If a majority vote of the 23 members of the Commission approves a finding or 24 supplemental guidance at a meeting where a quorum 25 VerDate Sep 11 2014 22:11 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2434.IS S2434 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 2434 IS is present pursuant to section 6(d), the finding or 1 supplemental guidance may be adopted and included 2 in the report required under paragraph (1). 3 (3) DISSENTS.—In the case of a member of the 4 Commission who dissents from a finding or supple- 5 mental guidance approved by a majority vote under 6 paragraph (2), the member may state the reason for 7 the dissent in writing and the report described in 8 paragraph (1) shall include the dissent. 9 (4) PUBLIC ACCESS.—The report submitted 10 under this subsection shall be made available to the 11 public. 12 (d) PRIOR COMMISSIONS.—The Commission shall 13 take into consideration the work of prior relevant commis- 14 sions in conducting the review of the Commission. 15 (e) STATE AND LOCAL GOVERNMENTS.—In issuing 16 the recommendations and report of the Commission under 17 this section, the Commission shall not infringe on the le- 18 gitimate rights of the States to determine the criminal 19 laws of the States or the enforcement of such laws. 20 (f) PUBLIC HEARINGS.—The Commission shall con- 21 duct public hearings in various locations around the 22 United States. 23 (g) CONSULTATION WITH GOVERNMENT AND NON- 24 GOVERNMENT REPRESENTATIVES.— 25 VerDate Sep 11 2014 22:11 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2434.IS S2434 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 2434 IS (1) IN GENERAL.—The Commission shall— 1 (A) closely consult with Federal, State, 2 local, and Tribal governments and nongovern- 3 ment leaders, including— 4 (i) State, local, and Tribal law en- 5 forcement officials, including rank and file 6 officers; 7 (ii) legislators; 8 (iii) public health officials; 9 (iv) judges; 10 (v) court administrators; 11 (vi) prosecutors; 12 (vii) defense counsel; 13 (viii) victims’ rights organizations; 14 (ix) probation and parole officials; 15 (x) criminal justice planners; 16 (xi) criminologists; 17 (xii) civil rights and liberties organiza- 18 tions; 19 (xiii) community-based organization 20 leaders; 21 (xiv) formerly incarcerated individ- 22 uals; 23 (xv) professional organizations; and 24 (xvi) corrections officials; and 25 VerDate Sep 11 2014 22:11 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2434.IS S2434 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 2434 IS (B) include in the final report required 1 under subsection (c) summaries of the input 2 and recommendations of the leaders consulted 3 under subparagraph (A). 4 (2) UNITED STATES SENTENCING COMMIS- 5 SION.—To the extent the review and recommenda- 6 tions required by this section relate to sentencing 7 policies and practices for the Federal criminal jus- 8 tice system, the Commission shall conduct the review 9 in consultation with the United States Sentencing 10 Commission. 11 (h) SENSE OF CONGRESS ON UNANIMITY.—It is the 12 sense of Congress that, given the national importance of 13 the matters before the Commission— 14 (1) the Commission should work toward devel- 15 oping findings and supplemental guidance that are 16 unanimously supported by the members of the Com- 17 mission; and 18 (2) a finding or supplemental guidance unani- 19 mously supported by the members of the Commis- 20 sion should take precedence over a finding or supple- 21 mental guidance that is not unanimously supported. 22 SEC. 6. MEMBERSHIP. 23 (a) IN GENERAL.—The Commission shall be com- 24 posed of 14 members, as follows: 25 VerDate Sep 11 2014 22:11 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2434.IS S2434 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 2434 IS (1) The President shall appoint 1 member, who 1 shall serve as a co-chairperson of the Commission. 2 (2) The co-chairperson described in paragraph 3 (1) shall appoint 6 members in consultation with the 4 leadership of— 5 (A) the Senate and House of Representa- 6 tives of the same political party as the Presi- 7 dent; 8 (B) the Committee on the Judiciary of the 9 House of Representatives of the same political 10 party as the President; and 11 (C) the Committee on the Judiciary of the 12 Senate of the same political party as the Presi- 13 dent. 14 (3) The leader of the Senate, in consultation 15 with the leader of the House of Representatives who 16 is a member of the opposite party of the President, 17 shall appoint 1 member, who shall serve as a co- 18 chairperson of the Commission. 19 (4) The co-chairperson described in paragraph 20 (3) shall appoint 6 members in consultation with the 21 leadership of— 22 (A) the Senate and House of Representa- 23 tives of the opposite political party as the Presi- 24 dent; 25 VerDate Sep 11 2014 22:11 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2434.IS S2434 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 2434 IS (B) the Committee on the Judiciary of the 1 House of Representatives of the opposite polit- 2 ical party as the President; and 3 (C) the Committee on the Judiciary of the 4 Senate of the opposite political party as the 5 President. 6 (b) MEMBERSHIP.— 7 (1) IN GENERAL.—A member shall be ap- 8 pointed based upon knowledge or experience in a rel- 9 evant area, including— 10 (A) law enforcement; 11 (B) criminal justice; 12 (C) national security; 13 (D) prison and jail administration; 14 (E) prisoner reentry; 15 (F) public health, including— 16 (i) physical and sexual victimization; 17 (ii) drug addiction; or 18 (iii) mental health; 19 (G) the rights of victims; 20 (H) civil rights; 21 (I) civil liberties; 22 (J) court administration; 23 (K) social services; or 24 (L) State, local, or Tribal government. 25 VerDate Sep 11 2014 22:11 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2434.IS S2434 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 2434 IS (2) LAW ENFORCEMENT REPRESENTATION.— 1 (A) MEMBERS APPOINTED BY THE CO- 2 CHAIRPERSONS.—Of the 6 members appointed 3 by the co-chairperson under subsection (a)(2)— 4 (i) not fewer than 2 shall be rep- 5 resentatives from Federal, State, or local 6 law enforcement agencies; and 7 (ii) not fewer than 1 shall be a rep- 8 resentative from a Tribal law enforcement 9 agency. 10 (B) OTHER MEMBERS.—Of the 6 members 11 appointed under subsection (a)(4)— 12 (i) not fewer than 2 shall be rep- 13 resentatives of Federal, State, or local law 14 enforcement agencies; and 15 (ii) not fewer than 1 shall be a rep- 16 resentative from a Tribal law enforcement 17 agency. 18 (3) DISQUALIFICATION.—If an individual pos- 19 sesses a personal financial interest in the discharge 20 of a duty of the Commission, the individual may not 21 be appointed as a member of the Commission. 22 (4) TERMS.—A member shall be appointed for 23 the duration of the Commission. 24 (c) APPOINTMENTS AND FIRST MEETING.— 25 VerDate Sep 11 2014 22:11 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2434.IS S2434 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 2434 IS (1) APPOINTMENTS.—Each member of the 1 Commission shall be appointed not later than 45 2 days after the date of enactment of this Act. 3 (2) FIRST MEETING.—The Commission shall 4 hold the first meeting of the Commission on the 5 date, whichever is later, that is not later than— 6 (A) 60 days after the date of enactment of 7 this Act; or 8 (B) 30 days after the date on which funds 9 are made available for the Commission. 10 (3) ETHICS.—At the first meeting of the Com- 11 mission, the Commission shall— 12 (A) draft appropriate ethics guidelines for 13 members and staff of the Commission, includ- 14 ing guidelines relating to— 15 (i) conflict of interest; and 16 (ii) financial disclosure; 17 (B) consult with the Committees on the 18 Judiciary of the Senate and the House of Rep- 19 resentatives as a part of drafting the guidelines; 20 and 21 (C) provide each Committee described in 22 subparagraph (B) with a copy of the guidelines 23 completed under subparagraph (A). 24 (d) MEETINGS, QUORUM, AND VACANCIES.— 25 VerDate Sep 11 2014 22:11 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2434.IS S2434 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 2434 IS (1) MEETINGS.—The Commission shall meet at 1 the call of— 2 (A) the co-chairpersons; or 3 (B) a majority of the members of the Com- 4 mission. 5 (2) QUORUM.—Except as provided in para- 6 graph (3)(B), a majority of the members of the 7 Commission shall constitute a quorum for purposes 8 of conducting business, except that 2 members of 9 the Commission shall constitute a quorum for pur- 10 poses of receiving testimony. 11 (3) VACANCIES.— 12 (A) IN GENERAL.—A vacancy in the Com- 13 mission shall not affect a power of the Commis- 14 sion, and the vacancy shall be filled in the same 15 manner in which the original appointment was 16 made. 17 (B) QUORUM.—In the case of a vacancy 18 occurring after the date that is 45 days after 19 the date of enactment of this Act, until the date 20 on which the vacancy is filled, a majority of the 21 members of the Commission shall constitute a 22 quorum if— 23 VerDate Sep 11 2014 22:11 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2434.IS S2434 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 2434 IS (i) not fewer than 1 member of the 1 Commission appointed under paragraph 2 (1) or (2) of subsection (a) is present; and 3 (ii) not fewer than 1 member of the 4 Commission appointed under paragraph 5 (3) or (4) of subsection (a) is present. 6 (e) ACTIONS OF THE COMMISSION.— 7 (1) IN GENERAL.—The Commission— 8 (A) shall, subject to section 5, act by a res- 9 olution agreed to by a majority of the members 10 of the Commission voting and present; and 11 (B) may establish a panel composed of less 12 than the full membership of the Commission for 13 purposes of carrying out a duty of the Commis- 14 sion under this Act, which— 15 (i) shall be subject to the review and 16 control of the Commission; and 17 (ii) may make a finding o [Text truncated for display. Full text available on Congress.gov.]