Since 2015, JAN’s Federal team has convened powerful bipartisan coalitions that include government stakeholders, influential policymakers, impacted people, and more than 50 other advocacy groups to achieve big legislative and executive wins despite government gridlock. Our strategic approach integrates leverage points both under-the-dome and in the public eye to spur step-by-step action to change laws that change lives.
In November of 2024, Americans will head to the polls to decide who will represent them in the White House and Congress. As voters choose their leaders, public safety is a top priority, with Americans also citing the size and cost of the criminal justice system as concerns.
JAN’s July 2024 report, Federal Criminal Justice Reform: Options for Policymakers serves as a guide for actionable policies, with bipartisan support, that will make the criminal justice system more safe, accountable, and fair. In each section of this guide, we have included policies that can advance immediately, before the end of the next session of Congress (the 119th Congress), and before a new president takes office in 2029. All of these policies have enough support to become law.
A Few Things We’re Working On Now
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Supported by more than 23 organizations, and introduced by congressional leaders in both chambers, the Begin Again Act would allow people with federal convictions for simple possession of drugs as a first-time offense to have their records expunged.
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Prohibiting a federal judge from considering past federal or state charges that a defendant has been acquitted of as a negative factor when determining sentence length, this bill is a bipartisan sentencing reform that has deep bipartispn support, having passed the House Judiciary Committee unanimously under Chairman Jim Jordan (R-OH).
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Like state-level Clean Slate policies, federal Clean Slate would ease the burden of a criminal record by providing for automated record sealing. The federal version covers drug possession offenses and establishes opportunities to petition a court to have additional nonviolent offenses sealed.
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Bipartisan and bicameral, the Reentry Act would start the Medicaid eligibility clock 30 days before release from prison, allowing people reentering society to avoid a health care coverage gap that can be critical in continuing life-saving prescriptions.
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During the height of the Covid Pandemic, JAN pushed for funding in the CARES Act that allowed the federal Bureau of Prisons (BOP) greater authority to send people from prison to home confinement if they were medically vulnerable and in prison for low-level offenses. This bill was passed into law in 2020, but the DOJ Office of Legal Counsel issued a memorandum stating that individuals released under the CARES Act must return to prison at the end of the pandemic emergency. After a vigorous advocacy campaign led by JAN, including repeated high-profile articles in the New York Times, the Biden Administration reversed this memo in 2021. In April 2023, BOP issued a final rule implementing the CARES Act home confinement policy that was heavily influenced by JAN. In October 2023, Sen. Marsha Blackburn (R-TN) filed a resolution under the Congressional Review Act (CRA) to repeal the rule, and JAN continues to make home confinement a priority in 2024, heavily lobbying Senate offices and the Biden Administration, including mobilizing two dozen partner groups from the left and right to stop this resolution from advancing.
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Past Wins
2024
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Bipartisan and bicameral, the Federal Prison Oversight Act would create an ombudsman and give DOJ additional tools to conduct independent oversight over the federal Bureau of Prisons. The Federal Prison Oversight Act passed the U.S. Senate unanimously, the U.S. House nearly unanimously, and was signed into law by President Biden.
2023
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After working closely with late Rep. Elijah Cummings to pass the Fair Chance as part of the 2019 NDAA, JAN worked to ensure appropriate implementation by the Office of Personnel Management, resulting in a final rule issued in October 2023.
2021
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The Paycheck Protection Program (PPP), which passed into law as part of the CARES Act, was intended to help businesses pay their workers during the pandemic. However, Small Business Administration’s (SBA) implementation contained provisions to exclude businesses with owners that had a criminal record - even if the owner had a minority stake and their record was as insignificant as an arrest for a minor offense. Beginning in 2020 and extending through 2021, , JAN built a bipartisan coalition that succeeded in convincing the SBA in 2020 to issue a new application that no longer asked about any current sentences of parole or probation, unless for specific financial crimes in the last 5 years or a felony within the last year. However, this was only a partial victory, so we then turned to the Senate to introduce legislation. A bipartisan bill, the Paycheck Protection Program Second Chance Act, was introduced by Senators Cory Booker (D-NJ) and Rob Portman (R-OH) which would further limit the exclusion to owners currently incarcerated or who have been convicted of felony fraud or financial deception within the past 5 years. JAN then turned to the newly-elected Biden Administration to fix the policy administratively, leaning on the bipartisan legislation and coalition of stakeholder support. In February 2021, as one of its first actions on criminal justice, the Biden Administration announced that they would be adopting the Paycheck Protection Program Second Chance Act as an SBA rule. The White House credited JAN with securing the change.
2020
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At the onset of the pandemic, JAN convened a group of justice system first responders, including correctional officers, prosecutors, public defenders, judges, law enforcement leaders, and state lawmakers to share stories from the front lines of justice systems all over the country struggling to manage public safety during the pandemic, and to recommend solutions to Congress. One of these recommendations was for the federal government to provide funds to states and local governments so they could safely reduce their prison and jail populations during the pandemic to stop the spread of COVID-19. JAN relentlessly advocated for the inclusion of this funding in the American Rescue Plan Act by leveraging the politically and geographically diverse membership of the task force. As a result, Congress included more than $1 billion in the bill, which was signed into law. After that, JAN launched a lobbying campaign at the Department of Health and Human Services to ensure clear guidance was issued to states on the use of funding. The result was a historic moment in criminal justice reform as it was the first time that the federal government allocated dollars to states to reduce incarceration instead of increasing it.
2019
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The Fair Chance Act delays a criminal background check for employment with the federal government or federal contractors until after a conditional offer of employment has been made, and prevent applicants from being asked about a criminal record at the outset of an application process. JAN worked with late Rep. Elijah Cummings (D-MD) to include the Fair Chance act it in the National Defense Authorization Act (NDAA) in 2019 and organized a coalition of 100 civil rights, progressive, and conservative groups to support the bill.
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Knowing that The First Step Act’s success was incumbent upon the continued and expanded funding for recidivism-reducing programming in federal facilities, JAN immediately followed tCe campaign for its passage with one focused on conoressional funding. As a result, cgress included the authorized $75 million for achieving the First Step Act’s intended goals of lowering the federal prison population, reducing federal recidivism rates, and protecting public safety as a part of the FY20 spending package.
2018
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A groundbreaking achievement in bipartisan reform during an otherwise politically impossible time in Washington, D.C., the First Step Act made the Fair Sentencing Act of 2010 retroactive; allows judges to depart below mandatory minimum sentences for some low-level, nonviolent offenses; provides certain inmates with earned credit incentives to participate in recidivism-reduction programming; establishes a system through which federal prisoners receive individual risk and needs assessments to identify appropriate programming and treatment; requires people who are incarcerated to be located within 500 miles of their primary residence; expands opportunities for compassionate release; and bans the shackling of women who are pregnant or in postpartum recovery in federal prisons and jails.