Grassley Statement at Markup of Criminal Justice Bills
Prepared Opening Statement of Senator Chuck Grassley
of Iowa
Ranking Member, Senate Judiciary Committee
Executive Business Meeting
Thursday, May 27, 2021
We’re
marking up three criminal justice bills today, which I’m proud to cosponsor. These
bills are bipartisan and seek to solve specific and narrow issues in our
criminal justice system. They strike a balance of ensuring public safety while
finding a path forward on fairness, all while saving the taxpayer dollar.
This
is the lens that I looked through when we passed the First Step Act, and it’s the lens I see these practical bills
through, as well. Appropriate judicial checks, crime victim input and
notification, and balancing public safety considerations are all taken into
account in these bills.
In
our criminal justice system, there are some crimes so heinous and despicable
that offenders must stay in prison to protect society and deter future bad
actors. There are also instances where unduly harsh penalties don’t meet the
needs of society or fail to take into account individual considerations. We
must neither over nor under criminalize. Striking a balance is critical, and I
believe these three bills do that.
The
first bill on the agenda, the COVID-19
Safer Detention Act, as the title indicates, was borne out of the COVID-19
pandemic. Among other things, it allows for home confinement release for
elderly and terminally ill inmates, and clarifies the consideration of COVID as
a health danger for purposes of compassionate release. I’m glad to cosponsor
this bill with Senators Durbin, Tillis, Whitehouse, Cramer, Coons, Wicker, and
Booker.
Next,
the Prohibiting Punishment of Acquitted
Conduct Act solves a simple issue: it ensures that a judge sentences a
defendant based on the offenses of which a defendant has been found guilty. Sounds
simple enough, but our courts have been following an unfair practice of
allowing acquitted conduct to be considered at criminal sentencings. This bill
makes our criminal justice system more reliable, predictable, and fair. As
noted by Justices Thomas, Ginsburg, and Scalia in a denial of writ on the
issue, “this practice has gone on long enough.” It’s time to end the unjust
practice of judges increasing sentences based on conduct where a defendant has
been acquitted.
Lastly,
the First Step Implementation Act is
being considered. This bill brings in four provisions from a highly bipartisan bill
I introduced in 2015 and again in 2017: the Sentencing
Reform and Corrections Act. I’m glad that these sections are being considered
in committee. These provisions would give judges discretion in determining if a
defendant’s criminal history warrants a particular sentence, and affords
juvenile offenders opportunities to reenter and grow in society, by providing a
mechanism for the sealing or expungement of records of nonviolent juvenile
offenders.
There
are many amendments being considered today. Senator Durbin is offering
three managers amendments, which reflect feedback from the Justice Department
and members who weighed in about the bills. Some of the amendments offered by
members today address important issues in our criminal justice system, and I
want to continue the discussion. I want to hear from members about their suggested
improvements. I want to hear from agencies about the effects of these
proposals. I want to hear from civil society groups who work on these issues,
particularly victims’ advocacy groups. I want to hear from the many Iowans who
are passionate about criminal justice reform.
However,
I’m seeing a lot of these amendments for the first time. It’s hard to vote for
them today without a chance to look them over, but I hope members will keep in
touch with me and my staff about their ideas.
Thank
you Chairman Durbin for leading the effort on these bills and working with me
on the legislation being marked up today.
-30-
