Reported covered position: N/A
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Income and expense are whole-filing amounts associated with this lobbyist, not personal compensation or an allocated share.
No topic inference: each bill number appears in source LDA issue text assigned to this lobbyist.
1. Lobbying for passage of HR 3355, Save Americas Forgotten Equines Act of 2022 or the SAFE Act of 2022. This bill prohibits the transporting, receiving, possessing, purchasing, selling, or donation by a person of an equine (e.g., horse) that the person has reason to believe will be slaughtered for human consumption. 2. Lobbying for passage of S 2732, John Stringer Rainey Save America's Forgotten Equines Act or the John Stringer Rainey SAFE Act. This bill prohibits the knowing sale or transport of horses for purposes of human consumption.
Specific issues are shown only where the LDA source assigned them to this lobbyist. Targets apply to the associated filing.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2026 · third_quarter · Q3
Made contacts regarding client's situation in Hungary. In 2016 and 2017, Hungarian authorities conducted raids on the Church in Budapest and seized tens of thousands of internal religious files, including confidential pastoral and priest-penitent records that are sacred to the practice of the religion. These seizures were carried out under the pretext of data protection violations, including alleged criminal abuse of data. After an eight-year criminal investigation, however, Hungarian authorities formally dismissed the case in September 2025, finding no wrongdoing. In January 2026, a Hungarian court authorized the government agency to dispose of the evidence, effectively permitting the destruction of these sacred religious materials, even though the files have been found to be compliant with European legal norms that are also valid in Hungary. Once destroyed, these materials cannot be replaced, and the harm to religious freedom will be permanent and irreversible. The Hungarian Supreme Court has refused to take up the Church's petition, leaving the order in force. The Data Protection Authority has denied the request of individual Scientologists for the return of their files and asserts that their religious freedom claims are not relevant, on the grounds that their rights are only indirectly affected. This reflects a profound disregard for religious freedom. The Hungarian government should stop the harassment and return the priest-penitent files.
Source: Senate LDA
| ACLU NATIONAL PRISON PROJECT | 3 | 2008 |
| CITIZENS FOR SOCIAL REFORM | 3 | 2004 |
| CRIME AND JUSTICE INSTITUTE AT COMMUNITY RESOURCES FOR JUSTICE | 3 | 2011–2012 |
| FAMILIES AGAINST MANDATORY MINIMUMS (FAMM) | 3 | 2009 |
| IN OUR HANDS ACTION FUND | 3 | 2022 |
| JOSEPH NEUMANN | 3 | 2011–2012 |
| PUBLIC SAFETY & SECURITY ROUNDTABLE | 3 | 2018–2019 |
| ROBERT BROWN | 2 | 2019 |
| THE HAMPTONS CENTER FOR REHABILITATION AND NURSING | 2 | 2019 |
Made contacts in support of HR 3355, the Save Americas Forgotten Equines Act of 2022 or the SAFE Act of 2022. This bill prohibits the transporting, receiving, possessing, purchasing, selling, or donation by a person of an equine (e.g., horse) that the person has reason to believe will be slaughtered for human consumption. Made contacts in support of S 2732, the John Stringer Rainey Save America's Forgotten Equines Act or the John Stringer Rainey SAFE Act. This bill prohibits the knowing sale or transport of horses for purposes of human consumption. Specifically, the bill makes it unlawful to knowingly possess, ship, transport, purchase, sell, deliver, or receive a horse for it to be slaughtered for human consumption. It also makes it unlawful to knowingly possess, ship, transport, purchase, sell, deliver, or receive horse flesh, carcass, or part of a carcass for it to be used for human consumption. Violators are subject to criminal penalties.
Made contacts in support of HR 3355, the Save Americas Forgotten Equines Act of 2022 or the SAFE Act of 2022. This bill prohibits the transporting, receiving, possessing, purchasing, selling, or donation by a person of an equine (e.g., horse) that the person has reason to believe will be slaughtered for human consumption. Made contacts in support of S 2732, the John Stringer Rainey Save America's Forgotten Equines Act or the John Stringer Rainey SAFE Act. This bill prohibits the knowing sale or transport of horses for purposes of human consumption. Specifically, the bill makes it unlawful to knowingly possess, ship, transport, purchase, sell, deliver, or receive a horse for it to be slaughtered for human consumption. It also makes it unlawful to knowingly possess, ship, transport, purchase, sell, deliver, or receive horse flesh, carcass, or part of a carcass for it to be used for human consumption. Violators are subject to criminal penalties.
John Stringer Rainey SAFE Act
Client: IN OUR HANDS ACTION FUND · Firm: THE MITCHELL FIRM, INC.
1. Lobbying for passage of HR 3355, Save Americas Forgotten Equines Act of 2022 or the SAFE Act of 2022. This bill prohibits the transporting, receiving, possessing, purchasing, selling, or donation by a person of an equine (e.g., horse) that the person has reason to believe will be slaughtered for human consumption. 2. Lobbying for passage of S 2732, John Stringer Rainey Save America's Forgotten Equines Act or the John Stringer Rainey SAFE Act. This bill prohibits the knowing sale or transport of horses for purposes of human consumption.
John Stringer Rainey SAFE Act
Client: IN OUR HANDS ACTION FUND · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of HR 3355, the Save Americas Forgotten Equines Act of 2022 or the SAFE Act of 2022. This bill prohibits the transporting, receiving, possessing, purchasing, selling, or donation by a person of an equine (e.g., horse) that the person has reason to believe will be slaughtered for human consumption. Made contacts in support of S 2732, the John Stringer Rainey Save America's Forgotten Equines Act or the John Stringer Rainey SAFE Act. This bill prohibits the knowing sale or transport of horses for purposes of human consumption. Specifically, the bill makes it unlawful to knowingly possess, ship, transport, purchase, sell, deliver, or receive a horse for it to be slaughtered for human consumption. It also makes it unlawful to knowingly possess, ship, transport, purchase, sell, deliver, or receive horse flesh, carcass, or part of a carcass for it to be used for human consumption. Violators are subject to criminal penalties.
John Stringer Rainey SAFE Act
Client: IN OUR HANDS ACTION FUND · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of HR 3355, the Save Americas Forgotten Equines Act of 2022 or the SAFE Act of 2022. This bill prohibits the transporting, receiving, possessing, purchasing, selling, or donation by a person of an equine (e.g., horse) that the person has reason to believe will be slaughtered for human consumption. Made contacts in support of S 2732, the John Stringer Rainey Save America's Forgotten Equines Act or the John Stringer Rainey SAFE Act. This bill prohibits the knowing sale or transport of horses for purposes of human consumption. Specifically, the bill makes it unlawful to knowingly possess, ship, transport, purchase, sell, deliver, or receive a horse for it to be slaughtered for human consumption. It also makes it unlawful to knowingly possess, ship, transport, purchase, sell, deliver, or receive horse flesh, carcass, or part of a carcass for it to be used for human consumption. Violators are subject to criminal penalties.
United States Commission on International Religious Freedom Reauthorization Act of 2022
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of S 3895, the United States Commission on International Religious Freedom Reauthorization Act of 2022. This bill reauthorizes the U.S. Commission on International Religious Freedom through FY2024. This bill passed the Senate by Unanimous Consent on July 20, 2022; passed the House by a roll call vote of 402-4 on motion to suspend the rules and pass the bill; and was signed by the President on September 30, 2022. It became Public Law 117-181.
Improving Access for Afghan Refugees Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 106 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the immediate confirmation of Rashad Hussain as the new Ambassador-at-Large for International Religious Freedom. It is vitally important that this position be filled. For even as we speak, the cause of religious freedom finds itself in an increasingly precarious position, as we see restrictions on religion rising around the world. Mr. Rashad Hussain is impeccably qualified for the position of Ambassador-at-Large for International Religious Freedom. He has worked to promote religious freedom for people of all faiths for more than a decade, having served as U.S. Special Envoy to the Organization of Islamic Cooperation from 2010-2015 and U.S. Special Envoy for strategic counterterrorism communications from 2015-2017. He currently serves as the Director for Partnerships and Global Engagement at the U.S. National Security Council. The appointment of the new IRF Ambassador will reaffirm the importance of this fundamental human right and assure persecuted communities that America continues to stand for their freedoms. On behalf of 70 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express concerns about the fate of vulnerable religious minorities in Afghanistan, who face abuses at the hands of the Taliban and its affiliates solely because of their religious beliefs; and to urge the White House and the State Department to create an additional P-2 refugee status category for these Afghan religious minorities or to support Congressional efforts to enlarge the P-2 category on an emergency basis. In short, for many religious minorities their status as believers in a faith not approved by the Taliban is a death sentence. Reports of killings of religious minorities are increasing, and many are in hiding. Hundreds of Shia worshippers were killed or wounded in successive ISIS-K suicide bombings at mosques in Kunduz and in Kandahar on October 2 and October 15, 2021. The United States must act to protect these communities now. Unfortunately, religious minorities were not included when the State Department created a P-2 category for certain Afghan nationals who are at risk of harm on August 2, 2021. Eligibility for a P-2 visa allows individuals who are members of a group that the U.S. government has identified as of special humanitarian concern to apply directly to the US refugee admission program (USRAP), without first having to obtain a US Embassy or NGO referral or having to apply, be processed, and be referred by the UNHCR. Our request is supported by the U.S. Commission on International Religious Freedom recommendation that the U.S. State Department create a Priority 2 (P-2) category for vulnerable Afghan religious minorities. Similarly, Representative Jackie Speier (D-CA-14) introduced H.R. 4736 on July 28, 2021, with 45 co-sponsors, which would require the State Department to provide for priority refugee slots for Afghans at special risk of persecution, including those at risk due to their religion, race or nationalities. Other groups, including those representing humanists and atheists, have asked for P-2 visas for Afghan religious minorities. Made contacts to secure a meeting for client to discuss the Churchs current situation in Russia, where their religious freedom is being violated.
Uyghur Forced Labor Prevention Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 150 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge members of Congress to co-sponsor the Uyghur Forced Labor Prevention Act, (H.R. 6210 or S. 3471), to ensure that American product supply chains are not funding the Chinese governments oppression of the Uyghurs and other Muslim groups in Xinjiang. Forced labor programs are a chilling component of the CCPs brutal campaign of repression of Xinjiangs Muslims religious freedoms. Chinas government is estimated to imprison over 1 million Muslims in reeducation camps where they face separation from their families, indoctrination, and torture. Unfortunately, the nightmare for many of these Muslims does not end at the walls of the camps. Chinese government officials coerce many former camp prisoners and local Muslim residents to work in government approved factories and other workplaces as part of their larger campaign to destroy their cultural identity and bring them under the complete control of the state. Congress should ensure that American dollars are not funding this oppression through the importation of products made by forced labor from the Xinjiang Region. The New York Times reported that the products made off the backs of these oppressed people are going into several global supply chains of products such as textiles and personal protective equipment that are going to consumers in the United States. On behalf of 91 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our deepest concerns about the urgent crisis in Hong Kong, which represents a clear and present danger to religious freedom and all other fundamental rights and freedoms. The President has rightly said that the Chinese Communist Party (CCP) is absolutely smothering freedom in Hong Kong and that such behavior will not go unpunished. We have nonetheless reached the day the communist regime actualizes this unacceptable crackdown with its formal adoption of a national security law that violates Chinas international treaty commitments and that will render this once-free territory just another enslaved Chinese city suffering savage oppression. We must not allow this to happen without imposing real and material costs on the CCP. Fortunately, the Defense Department has illuminated a way in which this can be swiftly accomplished-one that both conforms to longstanding U.S. statutory requirements and unmistakably demonstrates our resolve. On June 24, the Pentagon produced a list of twenty Communist Chinese military companies that are doing business, directly or indirectly, in this country. Pursuant to P.L. 105-261, Sec. 1237, the President is authorized by the International Emergency Economic Powers Act to penalize such Peoples Liberation Army-tied corporations. By swiftly shutting down their operations inside the United States and terminating their access to our capital markets, we can simultaneously advance our national security interests and deliver a strong response to the CCP suppression of Hong Kong. We urged this action as a much needed and very tangible demonstration of our nations solidarity with the people of Hong Kong and those elsewhere in China who are already being denied religious and other freedoms. On behalf of 60 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge emergency measures to ensure open and free access to the internet for those facing a resurgence of human rights abuses in China. The Chinese governments crackdown on the freedom of Hong Kongs people and its deadly COVID-19 misinformation campaigns pose an urgent threat to global human rights. The Chinese governments Great Firewall is actively censoring the free flow of information on the internet. The messages of brave protestors standing for freedom in Hong Kong cannot reach mainland Chinese citizens who are locked in a virtual prison of internet censorship. Now the CCP is openly flouting its international agreements and acting aggressively to remove the rights guaranteed to Hong Kong. The reach of Chinas internet oppression now threatens to extend to Hong Kong with the Court of Final Appeals rulings and the new Chinese draft national security law. Chinas persecution of religious groups and the ensuing cover up both rely on its strict internet censorship, whether the targeted group is Falun Gong, Christians, Uyghurs, or Tibetans. Without quick, decisive action to tear down the censorship wall, these same violations will likely dismantle the religious freedom Hong Kong has long possessed. Despite the Chinese governments efforts, several existing firewall circumvention tools have already provided hundreds of thousands of users with uncensored internet access. We asked for funds to be designated for firewall circumvention tools such as Ultrasurf, Lantern, and Freegate that are already on the GSA schedule and so can quickly receive emergency funding. In this way many more people can get accurate information. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge U.S. government leaders to urge the Hungarian government to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal.
Uyghur Forced Labor Prevention Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 150 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge members of Congress to co-sponsor the Uyghur Forced Labor Prevention Act, (H.R. 6210 or S. 3471), to ensure that American product supply chains are not funding the Chinese governments oppression of the Uyghurs and other Muslim groups in Xinjiang. Forced labor programs are a chilling component of the CCPs brutal campaign of repression of Xinjiangs Muslims religious freedoms. Chinas government is estimated to imprison over 1 million Muslims in reeducation camps where they face separation from their families, indoctrination, and torture. Unfortunately, the nightmare for many of these Muslims does not end at the walls of the camps. Chinese government officials coerce many former camp prisoners and local Muslim residents to work in government approved factories and other workplaces as part of their larger campaign to destroy their cultural identity and bring them under the complete control of the state. Congress should ensure that American dollars are not funding this oppression through the importation of products made by forced labor from the Xinjiang Region. The New York Times reported that the products made off the backs of these oppressed people are going into several global supply chains of products such as textiles and personal protective equipment that are going to consumers in the United States. On behalf of 91 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge U.S. government leaders to urge for the recognition of the achievements of U.S. Ambassador at Large for International Religious Freedom Sam Brownback by awarding him the Presidential Medal of Freedom. Ambassador Brownback richly deserves the Presidential Medal of Freedom, having spent his life in the service of others. Specific to religious liberty, Brownback had an extensive track record in Congress. During his sixteen years in the House and Senate, he was a leading advocate for international religious freedom. He was a key sponsor of the International Religious Freedom Act of 1998 (IRFA). With his help, the Senate passed the act unanimously. IRFA passed the House with similarly overwhelming bipartisan support and was signed into law by President Bill Clinton. IRFA established a legal mandate for the promotion of religious freedom as a key element of U.S. foreign policy. It also created Brownbacks current position in the State Departments Office of International Religious Freedom and established the U.S. Commission on International Religious Freedom. As Ambassador at Large for International Religious Freedom, Brownback has been remarkable. He has dramatically advanced the cause of religious freedom worldwide. In fact, he is working in partnership with civil society to stir actions, build a global movement around religious freedom, and get the various faiths to bind together and stand for each others freedom of religion or belief. We wholeheartedly believe that Ambassador Brownback is immensely deserving of this honorable and prestigious award. His thirty-four years of public service and willingness to always defend and fight for the least among us proves his worthiness of this award. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge U.S. government leaders to urge the Hungarian government to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal.
Uyghur Forced Labor Prevention Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 150 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge members of Congress to co-sponsor the Uyghur Forced Labor Prevention Act, (H.R. 6210 or S. 3471), to ensure that American product supply chains are not funding the Chinese governments oppression of the Uyghurs and other Muslim groups in Xinjiang. Forced labor programs are a chilling component of the CCPs brutal campaign of repression of Xinjiangs Muslims religious freedoms. Chinas government is estimated to imprison over 1 million Muslims in reeducation camps where they face separation from their families, indoctrination, and torture. Unfortunately, the nightmare for many of these Muslims does not end at the walls of the camps. Chinese government officials coerce many former camp prisoners and local Muslim residents to work in government approved factories and other workplaces as part of their larger campaign to destroy their cultural identity and bring them under the complete control of the state. Congress should ensure that American dollars are not funding this oppression through the importation of products made by forced labor from the Xinjiang Region. The New York Times reported that the products made off the backs of these oppressed people are going into several global supply chains of products such as textiles and personal protective equipment that are going to consumers in the United States. On behalf of 91 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our deepest concerns about the urgent crisis in Hong Kong, which represents a clear and present danger to religious freedom and all other fundamental rights and freedoms. The President has rightly said that the Chinese Communist Party (CCP) is absolutely smothering freedom in Hong Kong and that such behavior will not go unpunished. We have nonetheless reached the day the communist regime actualizes this unacceptable crackdown with its formal adoption of a national security law that violates Chinas international treaty commitments and that will render this once-free territory just another enslaved Chinese city suffering savage oppression. We must not allow this to happen without imposing real and material costs on the CCP. Fortunately, the Defense Department has illuminated a way in which this can be swiftly accomplished-one that both conforms to longstanding U.S. statutory requirements and unmistakably demonstrates our resolve. On June 24, the Pentagon produced a list of twenty Communist Chinese military companies that are doing business, directly or indirectly, in this country. Pursuant to P.L. 105-261, Sec. 1237, the President is authorized by the International Emergency Economic Powers Act to penalize such Peoples Liberation Army-tied corporations. By swiftly shutting down their operations inside the United States and terminating their access to our capital markets, we can simultaneously advance our national security interests and deliver a strong response to the CCP suppression of Hong Kong. We urged this action as a much needed and very tangible demonstration of our nations solidarity with the people of Hong Kong and those elsewhere in China who are already being denied religious and other freedoms. On behalf of 60 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge emergency measures to ensure open and free access to the internet for those facing a resurgence of human rights abuses in China. The Chinese governments crackdown on the freedom of Hong Kongs people and its deadly COVID-19 misinformation campaigns pose an urgent threat to global human rights. The Chinese governments Great Firewall is actively censoring the free flow of information on the internet. The messages of brave protestors standing for freedom in Hong Kong cannot reach mainland Chinese citizens who are locked in a virtual prison of internet censorship. Now the CCP is openly flouting its international agreements and acting aggressively to remove the rights guaranteed to Hong Kong. The reach of Chinas internet oppression now threatens to extend to Hong Kong with the Court of Final Appeals rulings and the new Chinese draft national security law. Chinas persecution of religious groups and the ensuing cover up both rely on its strict internet censorship, whether the targeted group is Falun Gong, Christians, Uyghurs, or Tibetans. Without quick, decisive action to tear down the censorship wall, these same violations will likely dismantle the religious freedom Hong Kong has long possessed. Despite the Chinese governments efforts, several existing firewall circumvention tools have already provided hundreds of thousands of users with uncensored internet access. We asked for funds to be designated for firewall circumvention tools such as Ultrasurf, Lantern, and Freegate that are already on the GSA schedule and so can quickly receive emergency funding. In this way many more people can get accurate information. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge U.S. government leaders to urge the Hungarian government to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal.
Uyghur Forced Labor Prevention Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 150 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge members of Congress to co-sponsor the Uyghur Forced Labor Prevention Act, (H.R. 6210 or S. 3471), to ensure that American product supply chains are not funding the Chinese governments oppression of the Uyghurs and other Muslim groups in Xinjiang. Forced labor programs are a chilling component of the CCPs brutal campaign of repression of Xinjiangs Muslims religious freedoms. Chinas government is estimated to imprison over 1 million Muslims in reeducation camps where they face separation from their families, indoctrination, and torture. Unfortunately, the nightmare for many of these Muslims does not end at the walls of the camps. Chinese government officials coerce many former camp prisoners and local Muslim residents to work in government approved factories and other workplaces as part of their larger campaign to destroy their cultural identity and bring them under the complete control of the state. Congress should ensure that American dollars are not funding this oppression through the importation of products made by forced labor from the Xinjiang Region. The New York Times reported that the products made off the backs of these oppressed people are going into several global supply chains of products such as textiles and personal protective equipment that are going to consumers in the United States. On behalf of 91 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge U.S. government leaders to urge for the recognition of the achievements of U.S. Ambassador at Large for International Religious Freedom Sam Brownback by awarding him the Presidential Medal of Freedom. Ambassador Brownback richly deserves the Presidential Medal of Freedom, having spent his life in the service of others. Specific to religious liberty, Brownback had an extensive track record in Congress. During his sixteen years in the House and Senate, he was a leading advocate for international religious freedom. He was a key sponsor of the International Religious Freedom Act of 1998 (IRFA). With his help, the Senate passed the act unanimously. IRFA passed the House with similarly overwhelming bipartisan support and was signed into law by President Bill Clinton. IRFA established a legal mandate for the promotion of religious freedom as a key element of U.S. foreign policy. It also created Brownbacks current position in the State Departments Office of International Religious Freedom and established the U.S. Commission on International Religious Freedom. As Ambassador at Large for International Religious Freedom, Brownback has been remarkable. He has dramatically advanced the cause of religious freedom worldwide. In fact, he is working in partnership with civil society to stir actions, build a global movement around religious freedom, and get the various faiths to bind together and stand for each others freedom of religion or belief. We wholeheartedly believe that Ambassador Brownback is immensely deserving of this honorable and prestigious award. His thirty-four years of public service and willingness to always defend and fight for the least among us proves his worthiness of this award. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge U.S. government leaders to urge the Hungarian government to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal.
UIGHUR Act of 2019
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 43 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our serious concerns over the human rights violations and religious freedom abuses in The Peoples Republic of China. As the U.S. government seeks to counter China economically and militarily, we urge leaders to counter China morally as well, making these concerns a top priority in trade negotiations and ensuring that international religious liberty remains a top foreign policy priority with respect to China. For decades, the Communist Party of China has routinely violated the basic human rights of millions in their country by strictly controlling how many children a family can legally have, using extreme forms of technological surveillance to monitor their citizens, and seeking to control the speech of their citizens and snuff out the free exercise of religion. In the annual global human rights report, the State Department referred to Chinas re-education camps for Uyghur Muslims as some of the worst human rights violations since the 1930s, and U.S. Secretary of State Mike Pompeo stated that China was in a league of its own when it comes to human rights violations. The broad efforts to sinicize all religious practice in China, from Islam to Christianity to Buddhism to Falun Gong, is directly inconsistent with international human rights and religious freedom norms, standards, and law. If unchallenged, these norms and standards will be eroded, threatening the lives and freedoms of millions more around the world who are subject to autocratic regimes. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage the Kazakh President and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. On behalf of 23 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge swift action to take up two bills addressing the human-rights crisis in the Uyghur Region of China: the Uyghur Human Rights Policy Act of 2019 (H.R. 649 and S. 178), and the Uighur Intervention and Global Humanitarian Unified Response Act of 2019 H.R. 1025). Reports have now confirmed large-scale, highly secretive prisoner-transport to remote parts of the country. Many thousands of children are now experiencing their third year of separation from their parents through forced placement in state orphanage institutions. Reports of deaths in detention are increasing, despite the extreme secrecy preventing information from reaching the outside world. The State Departments December 4 Senate testimony provided an estimate of between 800,000 and possibly over two million Uyghurs and other Turkic Muslim communities detained in extralegal prison-camps for secret indefinite detention, where they are forced to denounce their religion and identity. They are subject to inhuman torture, withholding of medical care, food and water deprivation, humiliation and ill-treatment, as well as forced labor. The long arm of the Chinese governments repression also reaches Uyghurs living abroad, who are being pressured to return home, to remain silent about the human-rights crisis, or even to spy, through threats to their families. Six reporters working for the Congressionally supported Radio Free Asia Uyghur Service have suffered cruel reprisals as a result of their work, with more than 30 of their relatives detained or disappeared. This demonstrates the lengths the Chinese government is willing to go to silence Uyghurs, and is a direct challenge to the rights and well-being of U.S. citizens. U.S. leadership on the crisis, as it enters its third year, will pave the way for other governments and the United Nations to call the Chinese government to account and impose genuine consequences for Chinas trampling of international norms on a shocking scale. Many governments remain intimidated by Chinese threats of retaliation and reprisals. It is up to the U.S., the champion of liberal values and the country that did the most to lead the world out of the ashes of World War Two, to lead the way once again.
UIGHUR Act of 2019
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 43 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our serious concerns over the human rights violations and religious freedom abuses in The Peoples Republic of China. As the U.S. government seeks to counter China economically and militarily, we urge leaders to counter China morally as well, making these concerns a top priority in trade negotiations and ensuring that international religious liberty remains a top foreign policy priority with respect to China. For decades, the Communist Party of China has routinely violated the basic human rights of millions in their country by strictly controlling how many children a family can legally have, using extreme forms of technological surveillance to monitor their citizens, and seeking to control the speech of their citizens and snuff out the free exercise of religion. In the annual global human rights report, the State Department referred to Chinas re-education camps for Uyghur Muslims as some of the worst human rights violations since the 1930s, and U.S. Secretary of State Mike Pompeo stated that China was in a league of its own when it comes to human rights violations. The broad efforts to sinicize all religious practice in China, from Islam to Christianity to Buddhism to Falun Gong, is directly inconsistent with international human rights and religious freedom norms, standards, and law. If unchallenged, these norms and standards will be eroded, threatening the lives and freedoms of millions more around the world who are subject to autocratic regimes. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage the Kazakh President and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. On behalf of 23 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge swift action to take up two bills addressing the human-rights crisis in the Uyghur Region of China: the Uyghur Human Rights Policy Act of 2019 (H.R. 649 and S. 178), and the Uighur Intervention and Global Humanitarian Unified Response Act of 2019 H.R. 1025). Reports have now confirmed large-scale, highly secretive prisoner-transport to remote parts of the country. Many thousands of children are now experiencing their third year of separation from their parents through forced placement in state orphanage institutions. Reports of deaths in detention are increasing, despite the extreme secrecy preventing information from reaching the outside world. The State Departments December 4 Senate testimony provided an estimate of between 800,000 and possibly over two million Uyghurs and other Turkic Muslim communities detained in extralegal prison-camps for secret indefinite detention, where they are forced to denounce their religion and identity. They are subject to inhuman torture, withholding of medical care, food and water deprivation, humiliation and ill-treatment, as well as forced labor. The long arm of the Chinese governments repression also reaches Uyghurs living abroad, who are being pressured to return home, to remain silent about the human-rights crisis, or even to spy, through threats to their families. Six reporters working for the Congressionally supported Radio Free Asia Uyghur Service have suffered cruel reprisals as a result of their work, with more than 30 of their relatives detained or disappeared. This demonstrates the lengths the Chinese government is willing to go to silence Uyghurs, and is a direct challenge to the rights and well-being of U.S. citizens. U.S. leadership on the crisis, as it enters its third year, will pave the way for other governments and the United Nations to call the Chinese government to account and impose genuine consequences for Chinas trampling of international norms on a shocking scale. Many governments remain intimidated by Chinese threats of retaliation and reprisals. It is up to the U.S., the champion of liberal values and the country that did the most to lead the world out of the ashes of World War Two, to lead the way once again.
Fairness for High-Skilled Immigrants Act of 2020
Client: ROBERT BROWN · Firm: THE MITCHELL FIRM, INC.
S. 386 and H.R. 1044, Fairness for High-Skilled Immigrants Act of 2019
Fairness for High-Skilled Immigrants Act of 2020
Client: ROBERT BROWN · Firm: THE MITCHELL FIRM, INC.
Made contacts regarding S. 386 and H.R. 1044, Fairness for High-Skilled Immigrants Act of 2019. That now is not the right time to pass this bill considering a more comprehensive immigration reform bill is being developed. We need more time to study this specific issue and consider how this bill fits into the broader context and other planned reforms; and to ensure it's fair to both American workers and those who are working here on high-skilled work visas.
Uyghur Human Rights Policy Act of 2019
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 43 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our serious concerns over the human rights violations and religious freedom abuses in The Peoples Republic of China. As the U.S. government seeks to counter China economically and militarily, we urge leaders to counter China morally as well, making these concerns a top priority in trade negotiations and ensuring that international religious liberty remains a top foreign policy priority with respect to China. For decades, the Communist Party of China has routinely violated the basic human rights of millions in their country by strictly controlling how many children a family can legally have, using extreme forms of technological surveillance to monitor their citizens, and seeking to control the speech of their citizens and snuff out the free exercise of religion. In the annual global human rights report, the State Department referred to Chinas re-education camps for Uyghur Muslims as some of the worst human rights violations since the 1930s, and U.S. Secretary of State Mike Pompeo stated that China was in a league of its own when it comes to human rights violations. The broad efforts to sinicize all religious practice in China, from Islam to Christianity to Buddhism to Falun Gong, is directly inconsistent with international human rights and religious freedom norms, standards, and law. If unchallenged, these norms and standards will be eroded, threatening the lives and freedoms of millions more around the world who are subject to autocratic regimes. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage the Kazakh President and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. On behalf of 23 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge swift action to take up two bills addressing the human-rights crisis in the Uyghur Region of China: the Uyghur Human Rights Policy Act of 2019 (H.R. 649 and S. 178), and the Uighur Intervention and Global Humanitarian Unified Response Act of 2019 H.R. 1025). Reports have now confirmed large-scale, highly secretive prisoner-transport to remote parts of the country. Many thousands of children are now experiencing their third year of separation from their parents through forced placement in state orphanage institutions. Reports of deaths in detention are increasing, despite the extreme secrecy preventing information from reaching the outside world. The State Departments December 4 Senate testimony provided an estimate of between 800,000 and possibly over two million Uyghurs and other Turkic Muslim communities detained in extralegal prison-camps for secret indefinite detention, where they are forced to denounce their religion and identity. They are subject to inhuman torture, withholding of medical care, food and water deprivation, humiliation and ill-treatment, as well as forced labor. The long arm of the Chinese governments repression also reaches Uyghurs living abroad, who are being pressured to return home, to remain silent about the human-rights crisis, or even to spy, through threats to their families. Six reporters working for the Congressionally supported Radio Free Asia Uyghur Service have suffered cruel reprisals as a result of their work, with more than 30 of their relatives detained or disappeared. This demonstrates the lengths the Chinese government is willing to go to silence Uyghurs, and is a direct challenge to the rights and well-being of U.S. citizens. U.S. leadership on the crisis, as it enters its third year, will pave the way for other governments and the United Nations to call the Chinese government to account and impose genuine consequences for Chinas trampling of international norms on a shocking scale. Many governments remain intimidated by Chinese threats of retaliation and reprisals. It is up to the U.S., the champion of liberal values and the country that did the most to lead the world out of the ashes of World War Two, to lead the way once again.
Uyghur Human Rights Policy Act of 2019
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 43 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our serious concerns over the human rights violations and religious freedom abuses in The Peoples Republic of China. As the U.S. government seeks to counter China economically and militarily, we urge leaders to counter China morally as well, making these concerns a top priority in trade negotiations and ensuring that international religious liberty remains a top foreign policy priority with respect to China. For decades, the Communist Party of China has routinely violated the basic human rights of millions in their country by strictly controlling how many children a family can legally have, using extreme forms of technological surveillance to monitor their citizens, and seeking to control the speech of their citizens and snuff out the free exercise of religion. In the annual global human rights report, the State Department referred to Chinas re-education camps for Uyghur Muslims as some of the worst human rights violations since the 1930s, and U.S. Secretary of State Mike Pompeo stated that China was in a league of its own when it comes to human rights violations. The broad efforts to sinicize all religious practice in China, from Islam to Christianity to Buddhism to Falun Gong, is directly inconsistent with international human rights and religious freedom norms, standards, and law. If unchallenged, these norms and standards will be eroded, threatening the lives and freedoms of millions more around the world who are subject to autocratic regimes. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage the Kazakh President and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. On behalf of 23 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge swift action to take up two bills addressing the human-rights crisis in the Uyghur Region of China: the Uyghur Human Rights Policy Act of 2019 (H.R. 649 and S. 178), and the Uighur Intervention and Global Humanitarian Unified Response Act of 2019 H.R. 1025). Reports have now confirmed large-scale, highly secretive prisoner-transport to remote parts of the country. Many thousands of children are now experiencing their third year of separation from their parents through forced placement in state orphanage institutions. Reports of deaths in detention are increasing, despite the extreme secrecy preventing information from reaching the outside world. The State Departments December 4 Senate testimony provided an estimate of between 800,000 and possibly over two million Uyghurs and other Turkic Muslim communities detained in extralegal prison-camps for secret indefinite detention, where they are forced to denounce their religion and identity. They are subject to inhuman torture, withholding of medical care, food and water deprivation, humiliation and ill-treatment, as well as forced labor. The long arm of the Chinese governments repression also reaches Uyghurs living abroad, who are being pressured to return home, to remain silent about the human-rights crisis, or even to spy, through threats to their families. Six reporters working for the Congressionally supported Radio Free Asia Uyghur Service have suffered cruel reprisals as a result of their work, with more than 30 of their relatives detained or disappeared. This demonstrates the lengths the Chinese government is willing to go to silence Uyghurs, and is a direct challenge to the rights and well-being of U.S. citizens. U.S. leadership on the crisis, as it enters its third year, will pave the way for other governments and the United Nations to call the Chinese government to account and impose genuine consequences for Chinas trampling of international norms on a shocking scale. Many governments remain intimidated by Chinese threats of retaliation and reprisals. It is up to the U.S., the champion of liberal values and the country that did the most to lead the world out of the ashes of World War Two, to lead the way once again.
On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 43 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our serious concerns over the human rights violations and religious freedom abuses in The Peoples Republic of China. As the U.S. government seeks to counter China economically and militarily, we urge leaders to counter China morally as well, making these concerns a top priority in trade negotiations and ensuring that international religious liberty remains a top foreign policy priority with respect to China. For decades, the Communist Party of China has routinely violated the basic human rights of millions in their country by strictly controlling how many children a family can legally have, using extreme forms of technological surveillance to monitor their citizens, and seeking to control the speech of their citizens and snuff out the free exercise of religion. In the annual global human rights report, the State Department referred to Chinas re-education camps for Uyghur Muslims as some of the worst human rights violations since the 1930s, and U.S. Secretary of State Mike Pompeo stated that China was in a league of its own when it comes to human rights violations. The broad efforts to sinicize all religious practice in China, from Islam to Christianity to Buddhism to Falun Gong, is directly inconsistent with international human rights and religious freedom norms, standards, and law. If unchallenged, these norms and standards will be eroded, threatening the lives and freedoms of millions more around the world who are subject to autocratic regimes. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage the Kazakh President and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. On behalf of 23 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge swift action to take up two bills addressing the human-rights crisis in the Uyghur Region of China: the Uyghur Human Rights Policy Act of 2019 (H.R. 649 and S. 178), and the Uighur Intervention and Global Humanitarian Unified Response Act of 2019 H.R. 1025). Reports have now confirmed large-scale, highly secretive prisoner-transport to remote parts of the country. Many thousands of children are now experiencing their third year of separation from their parents through forced placement in state orphanage institutions. Reports of deaths in detention are increasing, despite the extreme secrecy preventing information from reaching the outside world. The State Departments December 4 Senate testimony provided an estimate of between 800,000 and possibly over two million Uyghurs and other Turkic Muslim communities detained in extralegal prison-camps for secret indefinite detention, where they are forced to denounce their religion and identity. They are subject to inhuman torture, withholding of medical care, food and water deprivation, humiliation and ill-treatment, as well as forced labor. The long arm of the Chinese governments repression also reaches Uyghurs living abroad, who are being pressured to return home, to remain silent about the human-rights crisis, or even to spy, through threats to their families. Six reporters working for the Congressionally supported Radio Free Asia Uyghur Service have suffered cruel reprisals as a result of their work, with more than 30 of their relatives detained or disappeared. This demonstrates the lengths the Chinese government is willing to go to silence Uyghurs, and is a direct challenge to the rights and well-being of U.S. citizens. U.S. leadership on the crisis, as it enters its third year, will pave the way for other governments and the United Nations to call the Chinese government to account and impose genuine consequences for Chinas trampling of international norms on a shocking scale. Many governments remain intimidated by Chinese threats of retaliation and reprisals. It is up to the U.S., the champion of liberal values and the country that did the most to lead the world out of the ashes of World War Two, to lead the way once again.
On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 43 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our serious concerns over the human rights violations and religious freedom abuses in The Peoples Republic of China. As the U.S. government seeks to counter China economically and militarily, we urge leaders to counter China morally as well, making these concerns a top priority in trade negotiations and ensuring that international religious liberty remains a top foreign policy priority with respect to China. For decades, the Communist Party of China has routinely violated the basic human rights of millions in their country by strictly controlling how many children a family can legally have, using extreme forms of technological surveillance to monitor their citizens, and seeking to control the speech of their citizens and snuff out the free exercise of religion. In the annual global human rights report, the State Department referred to Chinas re-education camps for Uyghur Muslims as some of the worst human rights violations since the 1930s, and U.S. Secretary of State Mike Pompeo stated that China was in a league of its own when it comes to human rights violations. The broad efforts to sinicize all religious practice in China, from Islam to Christianity to Buddhism to Falun Gong, is directly inconsistent with international human rights and religious freedom norms, standards, and law. If unchallenged, these norms and standards will be eroded, threatening the lives and freedoms of millions more around the world who are subject to autocratic regimes. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage the Kazakh President and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. On behalf of 23 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge swift action to take up two bills addressing the human-rights crisis in the Uyghur Region of China: the Uyghur Human Rights Policy Act of 2019 (H.R. 649 and S. 178), and the Uighur Intervention and Global Humanitarian Unified Response Act of 2019 H.R. 1025). Reports have now confirmed large-scale, highly secretive prisoner-transport to remote parts of the country. Many thousands of children are now experiencing their third year of separation from their parents through forced placement in state orphanage institutions. Reports of deaths in detention are increasing, despite the extreme secrecy preventing information from reaching the outside world. The State Departments December 4 Senate testimony provided an estimate of between 800,000 and possibly over two million Uyghurs and other Turkic Muslim communities detained in extralegal prison-camps for secret indefinite detention, where they are forced to denounce their religion and identity. They are subject to inhuman torture, withholding of medical care, food and water deprivation, humiliation and ill-treatment, as well as forced labor. The long arm of the Chinese governments repression also reaches Uyghurs living abroad, who are being pressured to return home, to remain silent about the human-rights crisis, or even to spy, through threats to their families. Six reporters working for the Congressionally supported Radio Free Asia Uyghur Service have suffered cruel reprisals as a result of their work, with more than 30 of their relatives detained or disappeared. This demonstrates the lengths the Chinese government is willing to go to silence Uyghurs, and is a direct challenge to the rights and well-being of U.S. citizens. U.S. leadership on the crisis, as it enters its third year, will pave the way for other governments and the United Nations to call the Chinese government to account and impose genuine consequences for Chinas trampling of international norms on a shocking scale. Many governments remain intimidated by Chinese threats of retaliation and reprisals. It is up to the U.S., the champion of liberal values and the country that did the most to lead the world out of the ashes of World War Two, to lead the way once again.
Fairness for High-Skilled Immigrants Act of 2019
Client: ROBERT BROWN · Firm: THE MITCHELL FIRM, INC.
Made contacts regarding S. 386 and H.R. 1044, Fairness for High-Skilled Immigrants Act of 2019. That now is not the right time to pass this bill considering a more comprehensive immigration reform bill is being developed. We need more time to study this specific issue and consider how this bill fits into the broader context and other planned reforms; and to ensure it's fair to both American workers and those who are working here on high-skilled work visas.
Fairness for High-Skilled Immigrants Act of 2019
Client: ROBERT BROWN · Firm: THE MITCHELL FIRM, INC.
S. 386 and H.R. 1044, Fairness for High-Skilled Immigrants Act of 2019
Made contacts in support of HR 3356, the Prison Reform and Redemption Act. This bill directs the Department of Justice to develop the Post-Sentencing Risk and Needs Assessment System for use by the Bureau of Prisons (BOP) to assess prisoner recidivism risk; guide housing, grouping, and program assignments; and incentivize and reward participation in and completion of recidivism reduction programs and productive activities. It amends the federal criminal code to: require the BOP to implement the Post-Sentencing Risk and Needs Assessment System; establish prerelease custody procedures for prisoners who, among other things, earn time credits for successfully completing recidivism reduction programs or productive activities; prohibit, subject to specified exceptions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery; and broaden the duties of probation and pretrial services officers to include court-directed supervision of sex offenders conditionally released from civil commitment. The BOP must: incorporate de-escalation techniques into its training programs; report on its ability to treat heroin and opioid abuse through medication-assisted treatment; establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and designate a release preparation coordinator at each facility that houses prisoners. The bill prohibits monitoring the contents of an electronic communication between a prisoner at a BOP facility and the prisoner's attorney. It amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility criteria for an elderly offender early release pilot program. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2017 The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. Made contacts in support of revisions to strengthen the elderly release progam and add compassionate release. Made contacts in support of revisions to reduce the amount of time BOP has to ensure that 100% of federal prisoners have access to the programming they need--from 5 years down to 1 to 2 years.
Prison Reform and Redemption Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women. Expungement: the RENEW Act would expand expungement opportunities for some individuals convicted of first-time federal drug possession. Criminal records often prevent ex-offenders from successfully re-entering the workforce. This bill would expand the eligibility of those seeking an expungement order, promote opportunities for young former offenders and increase access to employment. Clean Slate: Similar to expungement, Clean Slate would reduce the collateral consequences associated with a criminal conviction. Legislation could automatically seal old, low-level, nonviolent offenses for those who remain crime free for a set period of time. Records in cases with no conviction could be sealed as a matter of course. This reduces unnecessary bureaucratic barriers that prevent a successful, long-term re-entry into communities. Drivers License Revocations: the bipartisan Better Drive Act would repeal a section of federal transportation law that compels states to suspend drivers licenses for drug offenses after individuals have already served their prison sentence. There is strong evidence that lack of access to a drivers license harms re-entry efforts as many job opportunities require transportation. A majority of states (38) have already opted out of this law.
Prison Reform and Redemption Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women.
Iraq and Syria Genocide Relief and Accountability Act of 2018
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 74 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Nigeria; and to urge U.S. government leaders to appoint a Special Coordinator for Nigeria and the Lake Chad Region. Nigeria, and indeed the region, face severe challenges. Nigeria is the largest country in Africa of 195 million people. What takes place in Nigeria does not stay in Nigeria, but rather impacts the surrounding countries as was seen in the tragic ambush of American soldiers in Niger. We believe that significant action is needed to confront these challenges or countries in the region could fracture, causing an extreme humanitarian crisis, immigration pressures on European allies and America, as well as security threats to our national interests in the region. We are very concerned about the violence that in some cases is motivated by religion or in other cases falls on ethno-religious fault lines. We are also concerned about the treatment of some Shia groups by the military. We think the United States Commission on International Religious Freedoms call to name Nigeria as a Country of Particular Concern is correct. Of the top 25 most populous countries in the world, Nigeria had the highest level of social hostilities regarding religion according to Pews report last year. This year they are number two on the list. We hope the appointment of a well-respected and qualified person could then coordinate with Secretary of State Pompeo, Secretary of Defense General Mattis, International Religious Freedom Ambassador Brownback (whose energy, focus, and indeed trip to Nigeria have been excellent), UN Ambassador Nikki Haley, USAID Administrator Mark Green, Ambassador Bolton with the NSC, the various intelligence agencies, and excellent diplomats and Foreign Service Officers working in the relevant embassies. We would encourage such a position to make policy recommendations to the various agencies and team that has been assembled. We also hope that they would build key relationships with key officials and personnel in the regional governments already working on these issues. On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Russia; and to urge U.S. government leaders to raise this issue in public statements and bilateral discussions, and leverage the growing network of foreign institutions that are eager to partner with the United States to advance international religious freedom. This fundamental right is in serious peril as the Russian government continues to foster an atmosphere of intolerance, discrimination and persecution against religious minorities throughout the entire country. The 2002 Extremism Law laid the foundation for an alarming trend in repressions against civil society and non-traditional minority religions. The law was initially passed to combat terrorism after 9/11 but it provides no clear definition for the term extremism, thus rendering virtually any group or individual vulnerable to political and legal harassment. In fact, it has been frequently misused to target a vast multitude of peaceful and law-abiding civil society organizations and individuals; to censor religious materials, arrest and detain believers for reading or disseminating Scriptures, refuse to register religious groups, harass and prosecute religious groups that are refused registration, and liquidate and close down places of worship for targeted religious faiths. Such oppressive measures have no place in a democratic society. Most recently, the Scientology religion, its parishioners and its religious and social organizations have become a primary target of this Russian national campaign of religious repression. The campaign has been chillingly wide-ranging. Russias Supreme Court has declared Jehovahs Witnesses, a Christian denomination that rejects violence, as extremist, confirming an order by the Justice Ministry that the group be liquidated and thereby banning them from operating on Russian territory. Further, Muslims, Evangelicals, Lutherans, Baptists, Pentecostals, Methodists, Presbyterians, Hindus, Buddhists and others have been targeted. In spite of the principles of non-discrimination and equal treatment at the heart of the UN Bill of Rights, the Russian Government is systematically using the Extremism Law to: 1) seize and censor peaceful religious scriptures read without incident the world over; 2) arrest and detain members of minority faiths for reading and disseminating these religious materials; and 3) initiate proceedings to liquidate and shut down religious organizations in order to disrupt and suppress their right to conduct religious activities in contravention of the fundamental human right to religious freedom. This misuse of the Extremism Law against religions has been widely criticized by the UN Human Rights Committee (28 April 2015), the Parliamentary Assembly Monitoring Committee of the Council of Europe (14 September 2012), and the Venice Commission (1 June 2012), which found the law and its use against religions violated human rights and called on Russia to correct the law. Over fifty cases regarding Russias misuse of the Extremism Law against religions have been filed by numerous religious groups before the European Court of Human Rights. Also made contacts to urge U.S. government leaders to raise the State Department's deep concerns about the growing number of individuals-now more than 150-identified by credible human rights organizations as political and religious prisoners held by the Government of the Russian Federation; about the welfare of four Ukrainians unjustly imprisoned who are currently on hunger strike-Oleh Sentsov, Stanislav Klykh, Oleksandr Shumkov, and Volodymyr Balukh; about the case of Oyub Titiyev, a human rights activist prosecuted on trumped-up drug charges in Chechnya, whose pre-trial detention was recently extended; about the fact that Russian authorities have detained Jehovahs Witness Dennis Christensen since May 2017; about the five Church of Scientology leaders who have also been subjected to detention without trial since June 2017, as well as over a dozen Muslim followers of Turkish theologian Said Nursi; and the State Department's all on Russia to release all those identified as political or religious prisoners immediately and cease its use of the legal system to suppress dissent and peaceful religious practice. The Russian people, like people everywhere, deserve equal treatment under the law and the ability to exercise their rights without fear of retribution. On behalf of 53 organizations and individuals, including the client, made contacts to urge the swift passage of H.R.390 - Iraq and Syria Genocide Emergency Relief and Accountability Act of 2017. In the summer of 2017, the bill passed unanimously in the House of Representatives and out of the Senate Foreign Relations Committee. Urged a vote on the consent calendar so we will be one step closer to providing recovery assistance to victims of the genocide committed by the Islamic State of Iraq and al-Sham (ISIS). The Christian, Yazidi and other minority communities are either languishing in camps, some for almost three years, or choosing to seek refugee abroad because their towns and villages were decimated by ISIS. The situation is dire: families struggle to meet basic needs for nutrition, health, and education without a proper humanitarian assistance. Presently there are over 300,000 internally displaced Yazidis and some 90,000 Christian IDPs residing in deteriorating camps intended to be temporary shelters in the Kurdistan Region of Iraq. With American help, these areas can redevelop and the native people can return. This not only helps all of Northern Iraq rebuild, but will deflect ISIS's attempt to erase these minorities. ISISs intentional destruction of homes, means of working, and places of worship was an act of genocide according to Article 2, section 3 of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, which defines genocide as Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. ISIS targeted these minorities for extinction from their homelands through mass murder, the taking of over 7,000 sex slaves, and the razing of their homes, farms and places of worship. Unless these minorities return to their ancient homelands and make a life for themselves, ISISs genocide will be successful. Without the passage of H.R. 390 there is no Congressional guarantee that the United States is committed to ensuring these ancient minority religious communities will survive and return to their ancestral homelands. H.R. 390 should pass the Senate and move forward in the process before it is too late and the good work done by the House and the Foreign Relations Committee is lost. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
Iraq and Syria Genocide Relief and Accountability Act of 2018
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Russia; and to urge U.S. government leaders to raise this issue in public statements and bilateral discussions, and leverage the growing network of foreign institutions that are eager to partner with the United States to advance international religious freedom. This fundamental right is in serious peril as the Russian government continues to foster an atmosphere of intolerance, discrimination and persecution against religious minorities throughout the entire country. The 2002 Extremism Law laid the foundation for an alarming trend in repressions against civil society and non-traditional minority religions. The law was initially passed to combat terrorism after 9/11 but it provides no clear definition for the term extremism, thus rendering virtually any group or individual vulnerable to political and legal harassment. In fact, it has been frequently misused to target a vast multitude of peaceful and law-abiding civil society organizations and individuals; to censor religious materials, arrest and detain believers for reading or disseminating Scriptures, refuse to register religious groups, harass and prosecute religious groups that are refused registration, and liquidate and close down places of worship for targeted religious faiths. Such oppressive measures have no place in a democratic society. Most recently, the Scientology religion, its parishioners and its religious and social organizations have become a primary target of this Russian national campaign of religious repression. The campaign has been chillingly wide-ranging. Russias Supreme Court has declared Jehovahs Witnesses, a Christian denomination that rejects violence, as extremist, confirming an order by the Justice Ministry that the group be liquidated and thereby banning them from operating on Russian territory. Further, Muslims, Evangelicals, Lutherans, Baptists, Pentecostals, Methodists, Presbyterians, Hindus, Buddhists and others have been targeted. In spite of the principles of non-discrimination and equal treatment at the heart of the UN Bill of Rights, the Russian Government is systematically using the Extremism Law to: 1) seize and censor peaceful religious scriptures read without incident the world over; 2) arrest and detain members of minority faiths for reading and disseminating these religious materials; and 3) initiate proceedings to liquidate and shut down religious organizations in order to disrupt and suppress their right to conduct religious activities in contravention of the fundamental human right to religious freedom. This misuse of the Extremism Law against religions has been widely criticized by the UN Human Rights Committee (28 April 2015), the Parliamentary Assembly Monitoring Committee of the Council of Europe (14 September 2012), and the Venice Commission (1 June 2012), which found the law and its use against religions violated human rights and called on Russia to correct the law. Over fifty cases regarding Russias misuse of the Extremism Law against religions have been filed by numerous religious groups before the European Court of Human Rights. Also made contacts to urge U.S. government leaders to raise the State Department's deep concerns about the growing number of individuals-now more than 150-identified by credible human rights organizations as political and religious prisoners held by the Government of the Russian Federation; about the welfare of four Ukrainians unjustly imprisoned who are currently on hunger strike-Oleh Sentsov, Stanislav Klykh, Oleksandr Shumkov, and Volodymyr Balukh; about the case of Oyub Titiyev, a human rights activist prosecuted on trumped-up drug charges in Chechnya, whose pre-trial detention was recently extended; about the fact that Russian authorities have detained Jehovahs Witness Dennis Christensen since May 2017; about the five Church of Scientology leaders who have also been subjected to detention without trial since June 2017, as well as over a dozen Muslim followers of Turkish theologian Said Nursi; and the State Department's all on Russia to release all those identified as political or religious prisoners immediately and cease its use of the legal system to suppress dissent and peaceful religious practice. The Russian people, like people everywhere, deserve equal treatment under the law and the ability to exercise their rights without fear of retribution. On behalf of 53 organizations and individuals, including the client, made contacts to urge the swift passage of H.R.390 - Iraq and Syria Genocide Emergency Relief and Accountability Act of 2017. In the summer of 2017, the bill passed unanimously in the House of Representatives and out of the Senate Foreign Relations Committee. Urged a vote on the consent calendar so we will be one step closer to providing recovery assistance to victims of the genocide committed by the Islamic State of Iraq and al-Sham (ISIS). The Christian, Yazidi and other minority communities are either languishing in camps, some for almost three years, or choosing to seek refugee abroad because their towns and villages were decimated by ISIS. The situation is dire: families struggle to meet basic needs for nutrition, health, and education without a proper humanitarian assistance. Presently there are over 300,000 internally displaced Yazidis and some 90,000 Christian IDPs residing in deteriorating camps intended to be temporary shelters in the Kurdistan Region of Iraq. With American help, these areas can redevelop and the native people can return. This not only helps all of Northern Iraq rebuild, but will deflect ISIS's attempt to erase these minorities. ISISs intentional destruction of homes, means of working, and places of worship was an act of genocide according to Article 2, section 3 of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, which defines genocide as Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. ISIS targeted these minorities for extinction from their homelands through mass murder, the taking of over 7,000 sex slaves, and the razing of their homes, farms and places of worship. Unless these minorities return to their ancient homelands and make a life for themselves, ISISs genocide will be successful. Without the passage of H.R. 390 there is no Congressional guarantee that the United States is committed to ensuring these ancient minority religious communities will survive and return to their ancestral homelands. H.R. 390 should pass the Senate and move forward in the process before it is too late and the good work done by the House and the Foreign Relations Committee is lost. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
Iraq and Syria Genocide Relief and Accountability Act of 2018
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 47 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to recommend with the utmost enthusiasm and urgency the prompt confirmation of Professor Robert A. Destro as Assistant Secretary of State for Democracy, Human Rights and Labor. We continue to face a world where broad human rights violations occur every day and where 83% of the world lives in places with high or very high levels of restrictions on the freedoms that religious minority groups take for granted here in the United States. The U.S. has a proud bipartisan tradition of standing for human rights and religious freedom. To do this effectively the State Department needs to be fully staffed with individuals who will press the human rights concerns at the center of our foreign policy. Congress has routinely passed laws that focus and support U.S. government efforts in this area. As participants of the International Religious Freedom Roundtable, we are particularly interested in the Frank Wolf Act, which places religious freedom as a high priority for protecting individuals of any or no faith. The first version of this Act established the International Religious Freedom [IRF] Office at the Department of State. Like the DRL, the important work of the IRF office has been built on a strong tradition of bipartisan collaboration and a shared vision of the inherent dignity of each person. While that office is ably led by Ambassador Sam Brownback, it also resides in the Bureau of Democracy, Human Rights and Labor. Without a confirmed Assistant Secretary to complete the chain of command and complement the excellent work of Ambassador Brownback to date, neither IRF nor DRL will be able to reach their full potential. Confirming the nominee for the office, Robert (Bob) Destro, would connect the religious freedom agenda with the broader human rights agenda in ways that were not possible before the passage of the Frank Wolf Act. DRL and IRF share a common Congressional mandate. On behalf of 41 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to ask for the mark-up of H. RES. 673, Expressing concern over attacks on Coptic Christians in Egypt, and bring it to a full floor vote. This resolution, which Rep. Ros-Lehtinen supported as an original cosponsor, now has the strong bi-partisan backing of 47 Members of Congress, many of whom are members of the MENA subcommittee. During the Foreign Affairs Hearing, Egypt: Security, Human Rights, and Reform, which Rep. Ros - Lehtinen chaired on July 24, the expert witnesses presented compelling evidence of the decimation of civil society and increased persecution of religious minorities in Egypt, particularly the Copts. Copts are under attack in numerous ways; from the institutional and daily systematic discrimination to the intermittent terrorization such as church bombings that cause large casualties. This entrenched system of persecution is no less heinous in breaking Copts down into a state of submission and hopelessness. The US is now engaging Egypt in the fight against Islamist terrorism and stands to exercise its weight and moral values to promote equality, civil society, and religious freedom for all Egyptians. Egypts stability is vital, but Copts and civil society should not be the victims - or collateral damage - that pay the ultimate price in the war on terrorism. The recent Ministerial in support of international religious freedom has affirmed that international religious freedom has become an integral part of the US foreign policy. It is imperative to pass H. Res. 673 since it will send Egypt a message that this is not mere empty rhetoric. In this increasingly authoritarian environment in which minorities suffer, passing H. RES. 673 before the end of this session of Congress will send an important message to the Egyptian government that the Congress cares about the state of human rights and religious freedom in Egypt, and is willing to address it. On behalf of 34 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to recommend Syria policy as a key post-Ministerial initiative with the proactive goal of securing religious freedom, and related civil and political rights, for all Syrian citizens. Religious freedom in its fullest sense-equal rights for all regardless of faith or ethnicity-is the sole foundation for real democracy, peace, reconciliation, and stability in Syria. It is essential to attract millions of Syrian refugees to return home and stabilize minority populations, including Christians, who have called this area home for over 5,000 years. It can give some solace to those who suffered unspeakable atrocities, based on religious totalitarianism. On behalf of 74 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Nigeria; and to urge U.S. government leaders to appoint a Special Coordinator for Nigeria and the Lake Chad Region. Nigeria, and indeed the region, face severe challenges. Nigeria is the largest country in Africa of 195 million people. What takes place in Nigeria does not stay in Nigeria, but rather impacts the surrounding countries as was seen in the tragic ambush of American soldiers in Niger. We believe that significant action is needed to confront these challenges or countries in the region could fracture, causing an extreme humanitarian crisis, immigration pressures on European allies and America, as well as security threats to our national interests in the region. We are very concerned about the violence that in some cases is motivated by religion or in other cases falls on ethno-religious fault lines. We are also concerned about the treatment of some Shia groups by the military. We think the United States Commission on International Religious Freedoms call to name Nigeria as a Country of Particular Concern is correct. Of the top 25 most populous countries in the world, Nigeria had the highest level of social hostilities regarding religion according to Pews report last year. This year they are number two on the list. We hope the appointment of a well-respected and qualified person could then coordinate with Secretary of State Pompeo, Secretary of Defense General Mattis, International Religious Freedom Ambassador Brownback (whose energy, focus, and indeed trip to Nigeria have been excellent), UN Ambassador Nikki Haley, USAID Administrator Mark Green, Ambassador Bolton with the NSC, the various intelligence agencies, and excellent diplomats and Foreign Service Officers working in the relevant embassies. We would encourage such a position to make policy recommendations to the various agencies and team that has been assembled. We also hope that they would build key relationships with key officials and personnel in the regional governments already working on these issues. On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Russia; and to urge U.S. government leaders to raise this issue in public statements and bilateral discussions, and leverage the growing network of foreign institutions that are eager to partner with the United States to advance international religious freedom. This fundamental right is in serious peril as the Russian government continues to foster an atmosphere of intolerance, discrimination and persecution against religious minorities throughout the entire country. The 2002 Extremism Law laid the foundation for an alarming trend in repressions against civil society and non-traditional minority religions. The law was initially passed to combat terrorism after 9/11 but it provides no clear definition for the term extremism, thus rendering virtually any group or individual vulnerable to political and legal harassment. In fact, it has been frequently misused to target a vast multitude of peaceful and law-abiding civil society organizations and individuals; to censor religious materials, arrest and detain believers for reading or disseminating Scriptures, refuse to register religious groups, harass and prosecute religious groups that are refused registration, and liquidate and close down places of worship for targeted religious faiths. Such oppressive measures have no place in a democratic society. Most recently, the Scientology religion, its parishioners and its religious and social organizations have become a primary target of this Russian national campaign of religious repression. The campaign has been chillingly wide-ranging. Russias Supreme Court has declared Jehovahs Witnesses, a Christian denomination that rejects violence, as extremist, confirming an order by the Justice Ministry that the group be liquidated and thereby banning them from operating on Russian territory. Further, Muslims, Evangelicals, Lutherans, Baptists, Pentecostals, Methodists, Presbyterians, Hindus, Buddhists and others have been targeted. In spite of the principles of non-discrimination and equal treatment at the heart of the UN Bill of Rights, the Russian Government is systematically using the Extremism Law to: 1) seize and censor peaceful religious scriptures read without incident the world over; 2) arrest and detain members of minority faiths for reading and disseminating these religious materials; and 3) initiate proceedings to liquidate and shut down religious organizations in order to disrupt and suppress their right to conduct religious activities in contravention of the fundamental human right to religious freedom. This misuse of the Extremism Law against religions has been widely criticized by the UN Human Rights Committee (28 April 2015), the Parliamentary Assembly Monitoring Committee of the Council of Europe (14 September 2012), and the Venice Commission (1 June 2012), which found the law and its use against religions violated human rights and called on Russia to correct the law. Over fifty cases regarding Russias misuse of the Extremism Law against religions have been filed by numerous religious groups before the European Court of Human Rights. Also made contacts to urge U.S. government leaders to raise the State Department's deep concerns about the growing number of individuals-now more than 150-identified by credible human rights organizations as political and religious prisoners held by the Government of the Russian Federation; about the welfare of four Ukrainians unjustly imprisoned who are currently on hunger strike-Oleh Sentsov, Stanislav Klykh, Oleksandr Shumkov, and Volodymyr Balukh; about the case of Oyub Titiyev, a human rights activist prosecuted on trumped-up drug charges in Chechnya, whose pre-trial detention was recently extended; about the fact that Russian authorities have detained Jehovahs Witness Dennis Christensen since May 2017; about the five Church of Scientology leaders who have also been subjected to detention without trial since June 2017, as well as over a dozen Muslim followers of Turkish theologian Said Nursi; and the State Department's all on Russia to release all those identified as political or religious prisoners immediately and cease its use of the legal system to suppress dissent and peaceful religious practice. The Russian people, like people everywhere, deserve equal treatment under the law and the ability to exercise their rights without fear of retribution. On behalf of 53 organizations and individuals, including the client, made contacts to urge the swift passage of H.R.390 - Iraq and Syria Genocide Emergency Relief and Accountability Act of 2017. In the summer of 2017, the bill passed unanimously in the House of Representatives and out of the Senate Foreign Relations Committee. Urged a vote on the consent calendar so we will be one step closer to providing recovery assistance to victims of the genocide committed by the Islamic State of Iraq and al-Sham (ISIS). The Christian, Yazidi and other minority communities are either languishing in camps, some for almost three years, or choosing to seek refugee abroad because their towns and villages were decimated by ISIS. The situation is dire: families struggle to meet basic needs for nutrition, health, and education without a proper humanitarian assistance. Presently there are over 300,000 internally displaced Yazidis and some 90,000 Christian IDPs residing in deteriorating camps intended to be temporary shelters in the Kurdistan Region of Iraq. With American help, these areas can redevelop and the native people can return. This not only helps all of Northern Iraq rebuild, but will deflect ISIS's attempt to erase these minorities. ISISs intentional destruction of homes, means of working, and places of worship was an act of genocide according to Article 2, section 3 of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, which defines genocide as Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. ISIS targeted these minorities for extinction from their homelands through mass murder, the taking of over 7,000 sex slaves, and the razing of their homes, farms and places of worship. Unless these minorities return to their ancient homelands and make a life for themselves, ISISs genocide will be successful. Without the passage of H.R. 390 there is no Congressional guarantee that the United States is committed to ensuring these ancient minority religious communities will survive and return to their ancestral homelands. H.R. 390 should pass the Senate and move forward in the process before it is too late and the good work done by the House and the Foreign Relations Committee is lost. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women.
Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act
Client: MOSHE MARGARETEN · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: -to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and -to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. Made contacts in support of revisions to strengthen the elderly pilot program.
Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions: * to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system; * to modify the computation of good time credit; * to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison; * to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery; * to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses; * to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history; * to make the Fair Sentencing Act of 2010 retroactive; * to require prisoners to be placed within 500 miles of their primary residence; * to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted; * to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program; * to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge; * to authorize Federal Prison Industries to sell products to additional markets; * to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment; * to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and * to limit juvenile solitary confinement. S. 3747, First Step Act of 2018. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act
Client: MOSHE MARGARETEN · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: -to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and -to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. Also made contacts in support of revisions to strengthen the elderly pilot program.
Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act
Client: MOSHE MARGARETEN · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: -to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and -to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. Also made contacts in support of revisions to strengthen the elderly pilot program. Made contacts in support of S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions: * to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system; * to modify the computation of good time credit; * to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison; * to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery; * to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses; * to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history; * to make the Fair Sentencing Act of 2010 retroactive; * to require prisoners to be placed within 500 miles of their primary residence; * to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted; * to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program; * to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge; * to authorize Federal Prison Industries to sell products to additional markets; * to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment; * to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and * to limit juvenile solitary confinement. Made contacts in support of S. 3747, the First Step Act of 2018. A Bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. Finally, made contacts in support of S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women.
Expressing concern over attacks on Coptic Christians in Egypt.
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 47 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to recommend with the utmost enthusiasm and urgency the prompt confirmation of Professor Robert A. Destro as Assistant Secretary of State for Democracy, Human Rights and Labor. We continue to face a world where broad human rights violations occur every day and where 83% of the world lives in places with high or very high levels of restrictions on the freedoms that religious minority groups take for granted here in the United States. The U.S. has a proud bipartisan tradition of standing for human rights and religious freedom. To do this effectively the State Department needs to be fully staffed with individuals who will press the human rights concerns at the center of our foreign policy. Congress has routinely passed laws that focus and support U.S. government efforts in this area. As participants of the International Religious Freedom Roundtable, we are particularly interested in the Frank Wolf Act, which places religious freedom as a high priority for protecting individuals of any or no faith. The first version of this Act established the International Religious Freedom [IRF] Office at the Department of State. Like the DRL, the important work of the IRF office has been built on a strong tradition of bipartisan collaboration and a shared vision of the inherent dignity of each person. While that office is ably led by Ambassador Sam Brownback, it also resides in the Bureau of Democracy, Human Rights and Labor. Without a confirmed Assistant Secretary to complete the chain of command and complement the excellent work of Ambassador Brownback to date, neither IRF nor DRL will be able to reach their full potential. Confirming the nominee for the office, Robert (Bob) Destro, would connect the religious freedom agenda with the broader human rights agenda in ways that were not possible before the passage of the Frank Wolf Act. DRL and IRF share a common Congressional mandate. On behalf of 41 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to ask for the mark-up of H. RES. 673, Expressing concern over attacks on Coptic Christians in Egypt, and bring it to a full floor vote. This resolution, which Rep. Ros-Lehtinen supported as an original cosponsor, now has the strong bi-partisan backing of 47 Members of Congress, many of whom are members of the MENA subcommittee. During the Foreign Affairs Hearing, Egypt: Security, Human Rights, and Reform, which Rep. Ros - Lehtinen chaired on July 24, the expert witnesses presented compelling evidence of the decimation of civil society and increased persecution of religious minorities in Egypt, particularly the Copts. Copts are under attack in numerous ways; from the institutional and daily systematic discrimination to the intermittent terrorization such as church bombings that cause large casualties. This entrenched system of persecution is no less heinous in breaking Copts down into a state of submission and hopelessness. The US is now engaging Egypt in the fight against Islamist terrorism and stands to exercise its weight and moral values to promote equality, civil society, and religious freedom for all Egyptians. Egypts stability is vital, but Copts and civil society should not be the victims - or collateral damage - that pay the ultimate price in the war on terrorism. The recent Ministerial in support of international religious freedom has affirmed that international religious freedom has become an integral part of the US foreign policy. It is imperative to pass H. Res. 673 since it will send Egypt a message that this is not mere empty rhetoric. In this increasingly authoritarian environment in which minorities suffer, passing H. RES. 673 before the end of this session of Congress will send an important message to the Egyptian government that the Congress cares about the state of human rights and religious freedom in Egypt, and is willing to address it. On behalf of 34 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to recommend Syria policy as a key post-Ministerial initiative with the proactive goal of securing religious freedom, and related civil and political rights, for all Syrian citizens. Religious freedom in its fullest sense-equal rights for all regardless of faith or ethnicity-is the sole foundation for real democracy, peace, reconciliation, and stability in Syria. It is essential to attract millions of Syrian refugees to return home and stabilize minority populations, including Christians, who have called this area home for over 5,000 years. It can give some solace to those who suffered unspeakable atrocities, based on religious totalitarianism. On behalf of 74 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Nigeria; and to urge U.S. government leaders to appoint a Special Coordinator for Nigeria and the Lake Chad Region. Nigeria, and indeed the region, face severe challenges. Nigeria is the largest country in Africa of 195 million people. What takes place in Nigeria does not stay in Nigeria, but rather impacts the surrounding countries as was seen in the tragic ambush of American soldiers in Niger. We believe that significant action is needed to confront these challenges or countries in the region could fracture, causing an extreme humanitarian crisis, immigration pressures on European allies and America, as well as security threats to our national interests in the region. We are very concerned about the violence that in some cases is motivated by religion or in other cases falls on ethno-religious fault lines. We are also concerned about the treatment of some Shia groups by the military. We think the United States Commission on International Religious Freedoms call to name Nigeria as a Country of Particular Concern is correct. Of the top 25 most populous countries in the world, Nigeria had the highest level of social hostilities regarding religion according to Pews report last year. This year they are number two on the list. We hope the appointment of a well-respected and qualified person could then coordinate with Secretary of State Pompeo, Secretary of Defense General Mattis, International Religious Freedom Ambassador Brownback (whose energy, focus, and indeed trip to Nigeria have been excellent), UN Ambassador Nikki Haley, USAID Administrator Mark Green, Ambassador Bolton with the NSC, the various intelligence agencies, and excellent diplomats and Foreign Service Officers working in the relevant embassies. We would encourage such a position to make policy recommendations to the various agencies and team that has been assembled. We also hope that they would build key relationships with key officials and personnel in the regional governments already working on these issues. On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Russia; and to urge U.S. government leaders to raise this issue in public statements and bilateral discussions, and leverage the growing network of foreign institutions that are eager to partner with the United States to advance international religious freedom. This fundamental right is in serious peril as the Russian government continues to foster an atmosphere of intolerance, discrimination and persecution against religious minorities throughout the entire country. The 2002 Extremism Law laid the foundation for an alarming trend in repressions against civil society and non-traditional minority religions. The law was initially passed to combat terrorism after 9/11 but it provides no clear definition for the term extremism, thus rendering virtually any group or individual vulnerable to political and legal harassment. In fact, it has been frequently misused to target a vast multitude of peaceful and law-abiding civil society organizations and individuals; to censor religious materials, arrest and detain believers for reading or disseminating Scriptures, refuse to register religious groups, harass and prosecute religious groups that are refused registration, and liquidate and close down places of worship for targeted religious faiths. Such oppressive measures have no place in a democratic society. Most recently, the Scientology religion, its parishioners and its religious and social organizations have become a primary target of this Russian national campaign of religious repression. The campaign has been chillingly wide-ranging. Russias Supreme Court has declared Jehovahs Witnesses, a Christian denomination that rejects violence, as extremist, confirming an order by the Justice Ministry that the group be liquidated and thereby banning them from operating on Russian territory. Further, Muslims, Evangelicals, Lutherans, Baptists, Pentecostals, Methodists, Presbyterians, Hindus, Buddhists and others have been targeted. In spite of the principles of non-discrimination and equal treatment at the heart of the UN Bill of Rights, the Russian Government is systematically using the Extremism Law to: 1) seize and censor peaceful religious scriptures read without incident the world over; 2) arrest and detain members of minority faiths for reading and disseminating these religious materials; and 3) initiate proceedings to liquidate and shut down religious organizations in order to disrupt and suppress their right to conduct religious activities in contravention of the fundamental human right to religious freedom. This misuse of the Extremism Law against religions has been widely criticized by the UN Human Rights Committee (28 April 2015), the Parliamentary Assembly Monitoring Committee of the Council of Europe (14 September 2012), and the Venice Commission (1 June 2012), which found the law and its use against religions violated human rights and called on Russia to correct the law. Over fifty cases regarding Russias misuse of the Extremism Law against religions have been filed by numerous religious groups before the European Court of Human Rights. Also made contacts to urge U.S. government leaders to raise the State Department's deep concerns about the growing number of individuals-now more than 150-identified by credible human rights organizations as political and religious prisoners held by the Government of the Russian Federation; about the welfare of four Ukrainians unjustly imprisoned who are currently on hunger strike-Oleh Sentsov, Stanislav Klykh, Oleksandr Shumkov, and Volodymyr Balukh; about the case of Oyub Titiyev, a human rights activist prosecuted on trumped-up drug charges in Chechnya, whose pre-trial detention was recently extended; about the fact that Russian authorities have detained Jehovahs Witness Dennis Christensen since May 2017; about the five Church of Scientology leaders who have also been subjected to detention without trial since June 2017, as well as over a dozen Muslim followers of Turkish theologian Said Nursi; and the State Department's all on Russia to release all those identified as political or religious prisoners immediately and cease its use of the legal system to suppress dissent and peaceful religious practice. The Russian people, like people everywhere, deserve equal treatment under the law and the ability to exercise their rights without fear of retribution. On behalf of 53 organizations and individuals, including the client, made contacts to urge the swift passage of H.R.390 - Iraq and Syria Genocide Emergency Relief and Accountability Act of 2017. In the summer of 2017, the bill passed unanimously in the House of Representatives and out of the Senate Foreign Relations Committee. Urged a vote on the consent calendar so we will be one step closer to providing recovery assistance to victims of the genocide committed by the Islamic State of Iraq and al-Sham (ISIS). The Christian, Yazidi and other minority communities are either languishing in camps, some for almost three years, or choosing to seek refugee abroad because their towns and villages were decimated by ISIS. The situation is dire: families struggle to meet basic needs for nutrition, health, and education without a proper humanitarian assistance. Presently there are over 300,000 internally displaced Yazidis and some 90,000 Christian IDPs residing in deteriorating camps intended to be temporary shelters in the Kurdistan Region of Iraq. With American help, these areas can redevelop and the native people can return. This not only helps all of Northern Iraq rebuild, but will deflect ISIS's attempt to erase these minorities. ISISs intentional destruction of homes, means of working, and places of worship was an act of genocide according to Article 2, section 3 of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, which defines genocide as Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. ISIS targeted these minorities for extinction from their homelands through mass murder, the taking of over 7,000 sex slaves, and the razing of their homes, farms and places of worship. Unless these minorities return to their ancient homelands and make a life for themselves, ISISs genocide will be successful. Without the passage of H.R. 390 there is no Congressional guarantee that the United States is committed to ensuring these ancient minority religious communities will survive and return to their ancestral homelands. H.R. 390 should pass the Senate and move forward in the process before it is too late and the good work done by the House and the Foreign Relations Committee is lost. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
Sentencing Reform and Corrections Act of 2017
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women.
Sentencing Reform and Corrections Act of 2017
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions: * to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system; * to modify the computation of good time credit; * to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison; * to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery; * to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses; * to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history; * to make the Fair Sentencing Act of 2010 retroactive; * to require prisoners to be placed within 500 miles of their primary residence; * to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted; * to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program; * to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge; * to authorize Federal Prison Industries to sell products to additional markets; * to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment; * to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and * to limit juvenile solitary confinement. S. 3747, First Step Act of 2018. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
Sentencing Reform and Corrections Act of 2017
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women. Expungement: the RENEW Act would expand expungement opportunities for some individuals convicted of first-time federal drug possession. Criminal records often prevent ex-offenders from successfully re-entering the workforce. This bill would expand the eligibility of those seeking an expungement order, promote opportunities for young former offenders and increase access to employment. Clean Slate: Similar to expungement, Clean Slate would reduce the collateral consequences associated with a criminal conviction. Legislation could automatically seal old, low-level, nonviolent offenses for those who remain crime free for a set period of time. Records in cases with no conviction could be sealed as a matter of course. This reduces unnecessary bureaucratic barriers that prevent a successful, long-term re-entry into communities. Drivers License Revocations: the bipartisan Better Drive Act would repeal a section of federal transportation law that compels states to suspend drivers licenses for drug offenses after individuals have already served their prison sentence. There is strong evidence that lack of access to a drivers license harms re-entry efforts as many job opportunities require transportation. A majority of states (38) have already opted out of this law.
Sentencing Reform and Corrections Act of 2017
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women.
CORRECTIONS Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women.
CORRECTIONS Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions: * to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system; * to modify the computation of good time credit; * to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison; * to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery; * to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses; * to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history; * to make the Fair Sentencing Act of 2010 retroactive; * to require prisoners to be placed within 500 miles of their primary residence; * to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted; * to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program; * to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge; * to authorize Federal Prison Industries to sell products to additional markets; * to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment; * to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and * to limit juvenile solitary confinement. S. 3747, First Step Act of 2018. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
CORRECTIONS Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women. Expungement: the RENEW Act would expand expungement opportunities for some individuals convicted of first-time federal drug possession. Criminal records often prevent ex-offenders from successfully re-entering the workforce. This bill would expand the eligibility of those seeking an expungement order, promote opportunities for young former offenders and increase access to employment. Clean Slate: Similar to expungement, Clean Slate would reduce the collateral consequences associated with a criminal conviction. Legislation could automatically seal old, low-level, nonviolent offenses for those who remain crime free for a set period of time. Records in cases with no conviction could be sealed as a matter of course. This reduces unnecessary bureaucratic barriers that prevent a successful, long-term re-entry into communities. Drivers License Revocations: the bipartisan Better Drive Act would repeal a section of federal transportation law that compels states to suspend drivers licenses for drug offenses after individuals have already served their prison sentence. There is strong evidence that lack of access to a drivers license harms re-entry efforts as many job opportunities require transportation. A majority of states (38) have already opted out of this law.
CORRECTIONS Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women.
Made contacts in support of HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: -to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and -to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. Also made contacts in support of revisions to strengthen the elderly pilot program. Made contacts in support of S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions: * to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system; * to modify the computation of good time credit; * to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison; * to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery; * to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses; * to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history; * to make the Fair Sentencing Act of 2010 retroactive; * to require prisoners to be placed within 500 miles of their primary residence; * to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted; * to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program; * to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge; * to authorize Federal Prison Industries to sell products to additional markets; * to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment; * to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and * to limit juvenile solitary confinement. Made contacts in support of S. 3747, the First Step Act of 2018. A Bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. Finally, made contacts in support of S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
First Step Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions: * to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system; * to modify the computation of good time credit; * to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison; * to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery; * to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses; * to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history; * to make the Fair Sentencing Act of 2010 retroactive; * to require prisoners to be placed within 500 miles of their primary residence; * to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted; * to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program; * to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge; * to authorize Federal Prison Industries to sell products to additional markets; * to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment; * to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and * to limit juvenile solitary confinement. S. 3747, First Step Act of 2018. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
Made contacts in support of HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: -to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and -to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. Also made contacts in support of revisions to strengthen the elderly pilot program. Made contacts in support of S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions: * to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system; * to modify the computation of good time credit; * to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison; * to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery; * to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses; * to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history; * to make the Fair Sentencing Act of 2010 retroactive; * to require prisoners to be placed within 500 miles of their primary residence; * to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted; * to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program; * to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge; * to authorize Federal Prison Industries to sell products to additional markets; * to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment; * to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and * to limit juvenile solitary confinement. Made contacts in support of S. 3747, the First Step Act of 2018. A Bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. Finally, made contacts in support of S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
First Step Act of 2018
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions: * to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system; * to modify the computation of good time credit; * to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison; * to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery; * to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses; * to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history; * to make the Fair Sentencing Act of 2010 retroactive; * to require prisoners to be placed within 500 miles of their primary residence; * to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted; * to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program; * to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge; * to authorize Federal Prison Industries to sell products to additional markets; * to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment; * to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and * to limit juvenile solitary confinement. S. 3747, First Step Act of 2018. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
Made contacts in support of HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: -to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and -to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. Also made contacts in support of revisions to strengthen the elderly pilot program. Made contacts in support of S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions: * to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system; * to modify the computation of good time credit; * to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison; * to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery; * to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses; * to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history; * to make the Fair Sentencing Act of 2010 retroactive; * to require prisoners to be placed within 500 miles of their primary residence; * to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted; * to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program; * to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge; * to authorize Federal Prison Industries to sell products to additional markets; * to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment; * to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and * to limit juvenile solitary confinement. Made contacts in support of S. 3747, the First Step Act of 2018. A Bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. Finally, made contacts in support of S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
First Step Act of 2018
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions: * to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system; * to modify the computation of good time credit; * to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison; * to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery; * to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses; * to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history; * to make the Fair Sentencing Act of 2010 retroactive; * to require prisoners to be placed within 500 miles of their primary residence; * to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted; * to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program; * to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge; * to authorize Federal Prison Industries to sell products to additional markets; * to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment; * to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and * to limit juvenile solitary confinement. S. 3747, First Step Act of 2018. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
Fair Chance to Compete for Jobs Act of 2017
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts regarding: HR 1905, the Fair Chance Act. A bill to prohibit Federal agencies and Federal contractors from requesting that an applicant for employment disclose criminal history record information before the applicant has received a conditional offer, and for other purposes. oThis bill prohibits federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer (an offer of employment conditioned upon the results of a criminal history inquiry). The bill sets forth positions to which such prohibition shall not apply, such as positions for which prior consideration of criminal history record information is otherwise required by law, positions with law enforcement and national security duties, and positions requiring access to classified information. oThe bill prohibits agencies from requiring an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee. oThe Office of Personnel Management, the Office of Compliance, the Administrative Office of the United States Courts, the General Services Administration, and the Department of Defense must: (1) establish procedures for submitting complaints about, and taking actions against, agency employees and contractors for violating such prohibitions and for appealing such an action; and (2) issue regulations to implement this bill. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this bill. oThe Bureau of Justice Statistics, in coordination with the Bureau of the Census, must: (1) design and initiate a study on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense, and (2) report to Congress at specified intervals. HR 1952, the Better Drive Act. A bill to amend title 23, United States Code, with respect to the revocation or suspension of drivers licenses of individuals convicted of drug offenses, and for other purposes. oThis bill repeals provisions requiring the Department of Transportation to withhold a certain amount of a state's apportionment of federal-aid highway funds if the state fails to enact and enforce a law that requires the revocation or suspension of drivers' licenses of individuals convicted of drug offenses. HR 4019, the Pretrial Integrity and Safety Act. A bill to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes. oA bipartisan bill that incentivizes moving away from a money bail system. Under money bail systems, the decision to detain a person prior to their trial is based on their ability to pay bail instead of their flight risk or danger to society. The system disproportionately affects the poor, is expensive, and does not make Americans safer. oThe Pretrial Integrity and Safety Act encourages states to replace their existing bail systems with pretrial risk assessments-a more just system for evaluating the flight and safety risk of defendants facing trial. An individualized risk assessment considers factors such as a persons past criminal history and the current charge. A handful of places throughout the United States, including Kentucky and the District of Columbia, have already implemented or are in the process of implementing such a system.
Better Drive Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts regarding: HR 1905, the Fair Chance Act. A bill to prohibit Federal agencies and Federal contractors from requesting that an applicant for employment disclose criminal history record information before the applicant has received a conditional offer, and for other purposes. oThis bill prohibits federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer (an offer of employment conditioned upon the results of a criminal history inquiry). The bill sets forth positions to which such prohibition shall not apply, such as positions for which prior consideration of criminal history record information is otherwise required by law, positions with law enforcement and national security duties, and positions requiring access to classified information. oThe bill prohibits agencies from requiring an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee. oThe Office of Personnel Management, the Office of Compliance, the Administrative Office of the United States Courts, the General Services Administration, and the Department of Defense must: (1) establish procedures for submitting complaints about, and taking actions against, agency employees and contractors for violating such prohibitions and for appealing such an action; and (2) issue regulations to implement this bill. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this bill. oThe Bureau of Justice Statistics, in coordination with the Bureau of the Census, must: (1) design and initiate a study on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense, and (2) report to Congress at specified intervals. HR 1952, the Better Drive Act. A bill to amend title 23, United States Code, with respect to the revocation or suspension of drivers licenses of individuals convicted of drug offenses, and for other purposes. oThis bill repeals provisions requiring the Department of Transportation to withhold a certain amount of a state's apportionment of federal-aid highway funds if the state fails to enact and enforce a law that requires the revocation or suspension of drivers' licenses of individuals convicted of drug offenses. HR 4019, the Pretrial Integrity and Safety Act. A bill to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes. oA bipartisan bill that incentivizes moving away from a money bail system. Under money bail systems, the decision to detain a person prior to their trial is based on their ability to pay bail instead of their flight risk or danger to society. The system disproportionately affects the poor, is expensive, and does not make Americans safer. oThe Pretrial Integrity and Safety Act encourages states to replace their existing bail systems with pretrial risk assessments-a more just system for evaluating the flight and safety risk of defendants facing trial. An individualized risk assessment considers factors such as a persons past criminal history and the current charge. A handful of places throughout the United States, including Kentucky and the District of Columbia, have already implemented or are in the process of implementing such a system.
Prison Reform and Redemption Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts regarding: HR 1905, the Fair Chance Act. A bill to prohibit Federal agencies and Federal contractors from requesting that an applicant for employment disclose criminal history record information before the applicant has received a conditional offer, and for other purposes. oThis bill prohibits federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer (an offer of employment conditioned upon the results of a criminal history inquiry). The bill sets forth positions to which such prohibition shall not apply, such as positions for which prior consideration of criminal history record information is otherwise required by law, positions with law enforcement and national security duties, and positions requiring access to classified information. oThe bill prohibits agencies from requiring an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee. oThe Office of Personnel Management, the Office of Compliance, the Administrative Office of the United States Courts, the General Services Administration, and the Department of Defense must: (1) establish procedures for submitting complaints about, and taking actions against, agency employees and contractors for violating such prohibitions and for appealing such an action; and (2) issue regulations to implement this bill. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this bill. oThe Bureau of Justice Statistics, in coordination with the Bureau of the Census, must: (1) design and initiate a study on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense, and (2) report to Congress at specified intervals. HR 1952, the Better Drive Act. A bill to amend title 23, United States Code, with respect to the revocation or suspension of drivers licenses of individuals convicted of drug offenses, and for other purposes. oThis bill repeals provisions requiring the Department of Transportation to withhold a certain amount of a state's apportionment of federal-aid highway funds if the state fails to enact and enforce a law that requires the revocation or suspension of drivers' licenses of individuals convicted of drug offenses. HR 4019, the Pretrial Integrity and Safety Act. A bill to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes. oA bipartisan bill that incentivizes moving away from a money bail system. Under money bail systems, the decision to detain a person prior to their trial is based on their ability to pay bail instead of their flight risk or danger to society. The system disproportionately affects the poor, is expensive, and does not make Americans safer. oThe Pretrial Integrity and Safety Act encourages states to replace their existing bail systems with pretrial risk assessments-a more just system for evaluating the flight and safety risk of defendants facing trial. An individualized risk assessment considers factors such as a persons past criminal history and the current charge. A handful of places throughout the United States, including Kentucky and the District of Columbia, have already implemented or are in the process of implementing such a system.
Geriatrics Workforce and Caregiver Enhancement Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of reintroduction of bipartisan federal sentencing and corrections reform legislation; in support of something close to S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of reintroduction of something close to HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 would have done the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Geriatrics Workforce and Caregiver Enhancement Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 would have done the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Geriatrics Workforce and Caregiver Enhancement Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 would have done the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Pretrial Integrity and Safety Act of 2017
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts regarding: HR 1905, the Fair Chance Act. A bill to prohibit Federal agencies and Federal contractors from requesting that an applicant for employment disclose criminal history record information before the applicant has received a conditional offer, and for other purposes. oThis bill prohibits federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer (an offer of employment conditioned upon the results of a criminal history inquiry). The bill sets forth positions to which such prohibition shall not apply, such as positions for which prior consideration of criminal history record information is otherwise required by law, positions with law enforcement and national security duties, and positions requiring access to classified information. oThe bill prohibits agencies from requiring an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee. oThe Office of Personnel Management, the Office of Compliance, the Administrative Office of the United States Courts, the General Services Administration, and the Department of Defense must: (1) establish procedures for submitting complaints about, and taking actions against, agency employees and contractors for violating such prohibitions and for appealing such an action; and (2) issue regulations to implement this bill. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this bill. oThe Bureau of Justice Statistics, in coordination with the Bureau of the Census, must: (1) design and initiate a study on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense, and (2) report to Congress at specified intervals. HR 1952, the Better Drive Act. A bill to amend title 23, United States Code, with respect to the revocation or suspension of drivers licenses of individuals convicted of drug offenses, and for other purposes. oThis bill repeals provisions requiring the Department of Transportation to withhold a certain amount of a state's apportionment of federal-aid highway funds if the state fails to enact and enforce a law that requires the revocation or suspension of drivers' licenses of individuals convicted of drug offenses. HR 4019, the Pretrial Integrity and Safety Act. A bill to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes. oA bipartisan bill that incentivizes moving away from a money bail system. Under money bail systems, the decision to detain a person prior to their trial is based on their ability to pay bail instead of their flight risk or danger to society. The system disproportionately affects the poor, is expensive, and does not make Americans safer. oThe Pretrial Integrity and Safety Act encourages states to replace their existing bail systems with pretrial risk assessments-a more just system for evaluating the flight and safety risk of defendants facing trial. An individualized risk assessment considers factors such as a persons past criminal history and the current charge. A handful of places throughout the United States, including Kentucky and the District of Columbia, have already implemented or are in the process of implementing such a system.
Ability to Repay Verification Enabling Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of reintroduction of bipartisan federal sentencing and corrections reform legislation; in support of something close to S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of reintroduction of something close to HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 would have done the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Ability to Repay Verification Enabling Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 would have done the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Ability to Repay Verification Enabling Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 would have done the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Sentencing Reform and Corrections Act of 2017
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts regarding: HR 1905, the Fair Chance Act. A bill to prohibit Federal agencies and Federal contractors from requesting that an applicant for employment disclose criminal history record information before the applicant has received a conditional offer, and for other purposes. oThis bill prohibits federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer (an offer of employment conditioned upon the results of a criminal history inquiry). The bill sets forth positions to which such prohibition shall not apply, such as positions for which prior consideration of criminal history record information is otherwise required by law, positions with law enforcement and national security duties, and positions requiring access to classified information. oThe bill prohibits agencies from requiring an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee. oThe Office of Personnel Management, the Office of Compliance, the Administrative Office of the United States Courts, the General Services Administration, and the Department of Defense must: (1) establish procedures for submitting complaints about, and taking actions against, agency employees and contractors for violating such prohibitions and for appealing such an action; and (2) issue regulations to implement this bill. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this bill. oThe Bureau of Justice Statistics, in coordination with the Bureau of the Census, must: (1) design and initiate a study on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense, and (2) report to Congress at specified intervals. HR 1952, the Better Drive Act. A bill to amend title 23, United States Code, with respect to the revocation or suspension of drivers licenses of individuals convicted of drug offenses, and for other purposes. oThis bill repeals provisions requiring the Department of Transportation to withhold a certain amount of a state's apportionment of federal-aid highway funds if the state fails to enact and enforce a law that requires the revocation or suspension of drivers' licenses of individuals convicted of drug offenses. HR 4019, the Pretrial Integrity and Safety Act. A bill to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes. oA bipartisan bill that incentivizes moving away from a money bail system. Under money bail systems, the decision to detain a person prior to their trial is based on their ability to pay bail instead of their flight risk or danger to society. The system disproportionately affects the poor, is expensive, and does not make Americans safer. oThe Pretrial Integrity and Safety Act encourages states to replace their existing bail systems with pretrial risk assessments-a more just system for evaluating the flight and safety risk of defendants facing trial. An individualized risk assessment considers factors such as a persons past criminal history and the current charge. A handful of places throughout the United States, including Kentucky and the District of Columbia, have already implemented or are in the process of implementing such a system.
CORRECTIONS Act
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of: HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts regarding: HR 1905, the Fair Chance Act. A bill to prohibit Federal agencies and Federal contractors from requesting that an applicant for employment disclose criminal history record information before the applicant has received a conditional offer, and for other purposes. oThis bill prohibits federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer (an offer of employment conditioned upon the results of a criminal history inquiry). The bill sets forth positions to which such prohibition shall not apply, such as positions for which prior consideration of criminal history record information is otherwise required by law, positions with law enforcement and national security duties, and positions requiring access to classified information. oThe bill prohibits agencies from requiring an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee. oThe Office of Personnel Management, the Office of Compliance, the Administrative Office of the United States Courts, the General Services Administration, and the Department of Defense must: (1) establish procedures for submitting complaints about, and taking actions against, agency employees and contractors for violating such prohibitions and for appealing such an action; and (2) issue regulations to implement this bill. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this bill. oThe Bureau of Justice Statistics, in coordination with the Bureau of the Census, must: (1) design and initiate a study on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense, and (2) report to Congress at specified intervals. HR 1952, the Better Drive Act. A bill to amend title 23, United States Code, with respect to the revocation or suspension of drivers licenses of individuals convicted of drug offenses, and for other purposes. oThis bill repeals provisions requiring the Department of Transportation to withhold a certain amount of a state's apportionment of federal-aid highway funds if the state fails to enact and enforce a law that requires the revocation or suspension of drivers' licenses of individuals convicted of drug offenses. HR 4019, the Pretrial Integrity and Safety Act. A bill to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes. oA bipartisan bill that incentivizes moving away from a money bail system. Under money bail systems, the decision to detain a person prior to their trial is based on their ability to pay bail instead of their flight risk or danger to society. The system disproportionately affects the poor, is expensive, and does not make Americans safer. oThe Pretrial Integrity and Safety Act encourages states to replace their existing bail systems with pretrial risk assessments-a more just system for evaluating the flight and safety risk of defendants facing trial. An individualized risk assessment considers factors such as a persons past criminal history and the current charge. A handful of places throughout the United States, including Kentucky and the District of Columbia, have already implemented or are in the process of implementing such a system.
Expressing the sense of Congress that the atrocities perpetrated by ISIL against religious and ethnic minorities in Iraq and Syria include war crimes, crimes against humanity, and genocide.
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 73 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H. Con. Res. 75, a resolution expressing the sense of Congress that those who commit or support atrocities against Christians and other ethnic and religious minorities, including Yezidis, Turkmen, Sabea-Mandeans, Kaka`e, and Kurds, and who target them specifically for ethnic or religious reasons, are committing, and are hereby declared to be committing, `war crimes', `crimes against humanity', and `genocide'. Since the emergence of the self-proclaimed Islamic State in Iraq and Syria, Christians and other religious minorities including Yezidis, Turkmen, Sabea-Mandeans, Kakae, Kurds, and Shia, have been targeted for extermination and forced to flee their homelands. The atrocities perpetrated against these vulnerable groups shock the conscience of civilized humanity. They have been systematically murdered and subjected to grievous bodily harm and psychological harm, including sexual slavery and abuse inflicted in a deliberate and calculated manner. ISIS is committing genocide against religious groups that do not conform to ISISs totalitarian definition of true Islam. The United States government and the global community must universally acknowledge the genocide that is taking place against religious minorities in Iraq and Syria. Without a swift and decisive response from the international community, the lives and ancient cultural heritage of these minorities could be eradicated from the Middle East completely. It is our belief that officially declaring and subsequently halting this genocide and its spread is a matter of vital moral and strategic importance for the United States, the international community, and the overall state of religious freedom around the world. On March 14, 2016, this resolution passed the House on motion to suspend the rules and agree to the resolution. Agreed to by the Yeas and Nays: (2/3 required): 393 - 0. On behalf of 112 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the U.S. government to declare the Islamic States systematic destruction of the ancient religious minority communities in Iraq and Syria including Christians-Assyrians/Chaldeans/Syriacs, Copts, etc.-Yazidis, Shia Muslims, Turkmen (Shia), Shabak and others to be genocide. There is a growing chorus of political and faith leaders, genocide scholars, human rights experts and numerous Iraqi and Syrian, Christian and Yazidi firsthand testimonies recognizing that the most accurate description for the atrocities unfolding at the initiative of the Islamic State is genocide. We believe that without a formal declaration the U.S. Government has abdicated its duty and vow to confront the most heinous of human rights violations, namely genocide. The Administration has a tremendous opportunity to extend American leadership at a crucial time on behalf of the ancient religious and ethnic minority communities who are experiencing the most brutal reality imaginable - genocide. In their most recent report, the Office of the United Nations High Commissioner for Human Rights and the United Nations Assistance Mission for Iraq - Human Rights Office stated clearly that ISIL continue to target members of different ethnic and religious communities, expounding further [t]hese acts appear to form part of a systematic and widespread policy that aims to suppress, permanently expel, or destroy many of these communities within ISIL areas of control. On February 4, 2016, the European Parliament adopted a resolution designating the crimes the Islamic State has committed against ethnic and religious minorities as genocide. In the declaration, they remind other signatories of the 1948 U.N. Convention on the Prevention and Punishment of the Crime of Genocide to acknowledge the crimes of the Islamic State and to coordinate with the larger international community. At this critical juncture, a designation of genocide by the United States would strengthen the actions of the international community and further extend American leadership. Time and again the Islamic State has committed crimes with the intent to destroy, in whole or in part, the ethnic and religious minority communities of Iraq and Syria. The world is watching and clear moral leadership by the Administration is needed to declare and subsequently stop such atrocities in order to preserve these ancient communities. It is our belief that officially declaring and subsequently halting this genocide is a matter of vital moral and strategic importance for the United States, the international community, and the overall state of religious freedom around the world. On March17, 2016, Secretary of State John Kerry said that the United States has determined that the Islamic State is carrying out genocide against Christians and other religious groups in the Middle East. On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015; and in support of a markup in the House Foreign Affairs Committee. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result.
Frank R. Wolf International Religious Freedom Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 73 organizations and individuals, including the client, who signed a multi-faith letter in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act, made contacts in support of a swift markup and passage of H.R. 1150 out of the Senate Foreign Relations Committee; then in support of Senate passage; and finally in support of House passage of the amended version passed by the Senate. H.R. 1150 passed out of the Senate Judiciary Committee on December 7; passed out of the Senate on December 10; and passed out of the House on December 13. The President of the United States signed it into law on December 16, 2016. We believe H.R. 1150 strengthens IRFA at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 74% of the worlds population live in countries with a high or very high overall level of restriction on religion. We must work to create a context where people can peacefully live with their deepest differences. The turmoil and bloodshed in Syria, Iraq and Nigeria-including the Islamic States genocide against Christians, Yazidis, Shia Muslims, Turkmen (Shia), Shabak and others-offers the latest examples of what happens if we do not. The Frank R. Wolf International Religious Freedom Act would: Give the Administration and the State Department new political tools, strengthen the standing of the International Religious Freedom Office and the Ambassador-at-Large for International Religious Freedom by making clear that the Ambassador reports directly to the Secretary of State. Clarify the Ambassador-at-Larges role in distributing project grants to protect religious freedom globally. Create a Special Watch List and automatic downgrade to a Country of Particular Concern (CPC) for states on the list for three straight years. Clarify that CPC designations will occur annually. Require designation of non-state actors as Entities of Particular Concern. Direct the President to focus sanctions on individuals who carry out or order religious restrictions. Set a floor at 25 full-time employees in the International Religious Freedom Office. Require curriculum for training all Foreign Service Officers in the strategic value of international religious freedom. Prioritize IRF programming for groups that seek to strengthen investigations, reporting, and monitoring of religious freedom violations, including genocide. The passage and implementation of H.R. 1150 will result in a strengthened IRFA, as well the integration of this foundational human right into U.S. foreign policy and national security strategies. In so doing, the United States will send a clear and urgent message regarding the inherent dignity of every human being, while advancing global security in the fight against persecution, religious extremism and terrorism. This legislation is consistent with the best of our values, and has the added benefit of practically protecting our national interests as well. On behalf of 31 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of House Resolution 290, a bi-partisan measure that promotes the rights to freedom of religion, belief and expression by calling for the global repeal of blasphemy laws. We all agree that blasphemy laws are antithetical to modern, prosperous societies, and must be abolished worldwide. Blasphemy laws are used to silence internal critics and alternative interpretations of the faith of the majority religious community, causing minority religious groups and the non-religious to suffer terribly. In an era when fundamentalist religious belief is leading to terror attacks and armed struggles throughout the world, it is more important than ever that we protect freedom of religion and belief. Blasphemy laws do precisely the opposite. H. Res 290 recognizes that many countries have blasphemy laws that punish expression deemed blasphemous and that blasphemy laws are inconsistent with international human rights standards, as they protect beliefs over individuals and often result in violations of the freedoms of religion and expression. The resolution also: Calls upon the President and State Department to make the repeal of blasphemy laws a priority in its bilateral relationships with all countries that have such laws through direct interventions in capitals and multilateral fora; Encourages the President and State Department to oppose any efforts at the United Nations or other international or multilateral fora to create an international anti-blasphemy norm, or to expand the international norm on incitement to include blasphemy or defamation of religions; Urges the President and State Department to designate Pakistan and Egypt each as a country of particular concern under the International Religious Freedom Act for perpetrating and tolerating particularly severe violations of religious freedom; and Urges the governments of Pakistan, Saudi Arabia, Egypt and other countries to amend or repeal their blasphemy laws, to release unconditionally persons imprisoned on charges of blasphemy and, once released, ensure their safety and that of their families. Blasphemy laws and similar restrictions on speech regarding religion exist in at least 44 countries, according to the Pew Research Center. Pew has also found that countries with laws against blasphemy, and apostasy were more likely to have high government restrictions on religion, as well as social hostilities based on religion, than countries that do not have such laws. The United States government is in a unique position to promote the rights to freedom of religion, belief, and expression around the world. This country was founded on respect for the principles of religious freedom and tolerance for difference of opinion, and as a leader in the global community we have a moral duty to advance these principles around the world. Congress in particular can play a significant role in promoting freedom of religion, belief, and expression around the world by passing H. Res 290, which would bring more attention to the troubling use of blasphemy laws and related measures, place deserved attention on worst offenders, and press the administration to make their repeal a more central focus of their foreign policy. On behalf of 93 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our deep concern about Federal Laws â„- 374-ФÐ-- and 375-ФÐ--, On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation to establish additional measures to counter terrorism and ensure public safety (the Federal Anti-Terrorism Law); and to urge U.S. government leaders to engage the Russian government and urge its leaders to ensure the Federal Anti-Terrorism Law is not used against peaceful spiritual groups. The Federal Anti-Terrorism Law further restricts religious freedom. We are particularly concerned about the amendments that introduce an entire new section to the Religion Law, imposing strict limits on sharing beliefs, including where and who may share them, and increase extremism punishments. We are aware of the fact that Russia has to be vigilant in order to prevent extremism, violence and terrorism. But you must fully consider and understand the impact of these amendments on social cohesion and national security. The need to counter violent extremism is pressing, but cracking down on religious freedom is a dangerous and counterproductive response. This conclusion is increasingly bolstered by empirical research. An exhaustive study by academics from Harvard, Notre Dame and Georgetown found that religious communities are most likely to support democracy, peace and freedom for other faiths, and least likely to take up the gun or form dictatorships, when governments allow them freedom to worship, practice and express their faiths freely and when religious communities in turn renounce their claims to permanent offices or positions of policy-making authority. Dr. Brian Grim, a noted expert on society, the economy and religion, has found a strong correlation between government restrictions on religion and religiously-motivated violence. Further, the Federal Anti-Terrorism Law poses threats to the fundamental human rights and freedoms that are guaranteed by Russias Constitution and its international human rights obligations, including the International Covenant on Civil and Political Rights, the Organization for Security and Co-operation in Europe (OSCE) human dimension commitments, the European Convention on Human Rights, and the Vienna Convention on the Law of Treaties. When evaluated within these legal frameworks, the Federal Anti-Terrorism Law raises a number of serious problems. It restricts the dissemination of beliefs in public to registered groups and organizations, and bars even informal sharing of beliefs by individuals acting on their own behalf. Perhaps most concerning, it restricts the beliefs that can be shared, limits the places where sharing beliefs can happen and explicitly bans sharing beliefs in residential buildings, "except as provided for by Article 16, Part 2 of [the Religion Law]." Article 16, Part 2, states that worship services and other religious rites and ceremonies may be freely held in residential premises, as well as in premises owned or rented by religious organizations. It is therefore unclear what this part of the amendment will mean in practice. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstans international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
Frank R. Wolf International Religious Freedom Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015; and in support of House passage. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result. On May 16, 2016, H.R. 1150 passed out of the House by voice vote. On behalf of 64 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of S. 2878, the Frank R. Wolf International Religious Freedom Act; and in support of a swift markup of either S. 2878 or H.R. 1150 in the Senate Foreign Relations Committee. We believe S. 2878 strengthens IRFA at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 77% of the worlds population live in countries with a high or very high overall level of restriction on religion in 2013, up from 76% in 2012 and 68% in 2007. The Frank R. Wolf International Religious Freedom Act would: Give the Administration and the State Department new political tools, strengthen the standing of the International Religious Freedom Office and the Ambassador-at-Large for International Religious Freedom by making clear that the Ambassador reports directly to the Secretary of State. Clarify the Ambassador-at-Larges role in distributing project grants to protect religious freedom globally. Create a Special Watch List and automatic downgrade to a Country of Particular Concern (CPC) for states on the list for three straight years. Clarify that CPC designations will occur annually. Require designation of non-state actors as Entities of Particular Concern. Direct the President to focus sanctions on individuals who carry out or order religious restrictions. Set a floor at 25 full-time employees in the International Religious Freedom Office. Require curriculum for training all Foreign Service Officers in the strategic value of international religious freedom. Prioritize IRF programming for groups that seek to strengthen investigations, reporting, and monitoring of religious freedom violations, including genocide. This legislation is the companion bill to the amended text of H.R. 1150, which passed out of the House by voice vote on May 16. The passage and implementation of S. 2878 will result in a strengthened IRFA, as well the integration of this foundational human right into U.S. foreign policy and national security strategies. In so doing, the United States will send a clear and urgent message regarding the inherent dignity of every human being, while advancing global security in the fight against persecution, religious extremism and terrorism. This legislation is consistent with the best of our values, and has the added benefit of practically protecting our national interests as well. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstans international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision against Kazakhstan. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. 11.In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide the author with an effective remedy, including review of his conviction and review of the cancellation of his residence permit. The State party is also under an obligation to prevent similar violations in the future. 12.Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether or not there has been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory or subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy when a violation has been established, the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committees Views. The State party is also requested to publish the present Views, to have them translated into the official languages of the State party, and to have them widely disseminated. Finally, shared an International Religious Freedom Roundtable submission to the UN Human Rights Committee. Provided this submission to the UN Human Rights Committee in connection with its consideration of the second periodic report of Kazakhstan regarding its compliance with the ICCPR on 22 and 23 June 2016. It lays out our concerns related to Kazakhstan and Article 18 - freedom of religion-and our recommendations. The purpose of this submission was to summarize to date the IRF Roundtable engagement with the Kazakh government and interactions with the UN Special Rapporteur regarding religious freedom in Kazakhstan in light of the deteriorating situation, hopeful that a meaningful dialogue might be renewed-one that does not demonize the government or civil society. We believe this dialogue can be helpful in maintaining stability and peace in Kazakhstan while bringing the Religion Law and related articles of the Criminal and Administrative Codes closer to compliance with UN international standards articulated in the International Covenant on Civil and Political Rights (ICCPR).
Frank R. Wolf International Religious Freedom Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015; and on behalf of 64 organizations and individuals, including the client, who signed a multi-faith letter in support of S. 2878, the Frank R. Wolf International Religious Freedom Act; made contacts in support of a swift markup of either H.R. 1150 or S. 2878 in the Senate Foreign Relations Committee, and in support of Senate passage. We believe H.R. 1150/S. 2878 strengthens IRFA at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 74% of the worlds population live in countries with a high or very high overall level of restriction on religion in 2014, up from 68% in 2007. The Frank R. Wolf International Religious Freedom Act would: Give the Administration and the State Department new political tools, strengthen the standing of the International Religious Freedom Office and the Ambassador-at-Large for International Religious Freedom by making clear that the Ambassador reports directly to the Secretary of State. Clarify the Ambassador-at-Larges role in distributing project grants to protect religious freedom globally. Create a Special Watch List and automatic downgrade to a Country of Particular Concern (CPC) for states on the list for three straight years. Clarify that CPC designations will occur annually. Require designation of non-state actors as Entities of Particular Concern. Direct the President to focus sanctions on individuals who carry out or order religious restrictions. Set a floor at 25 full-time employees in the International Religious Freedom Office. Require curriculum for training all Foreign Service Officers in the strategic value of international religious freedom. Prioritize IRF programming for groups that seek to strengthen investigations, reporting, and monitoring of religious freedom violations, including genocide. H.R. 1150 passed out of the House by voice vote on May 16. The passage and implementation of H.R. 1150/S. 2878 will result in a strengthened IRFA, as well the integration of this foundational human right into U.S. foreign policy and national security strategies. In so doing, the United States will send a clear and urgent message regarding the inherent dignity of every human being, while advancing global security in the fight against persecution, religious extremism and terrorism. This legislation is consistent with the best of our values, and has the added benefit of practically protecting our national interests as well. On behalf of 42 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the appointment of a Special Envoy for Nigeria and the Lake Chad Region directly reporting to Assistant Secretary of State Linda Thomas-Greenfield in order to address the multi-faceted reality of Boko Haram, Fulani militants, security and humanitarian aid. The situation in northeastern and central Nigeria and the Lake Chad region as a whole is rapidly deteriorating. There is a growing security and humanitarian crisis threatening to fracture and destabilize Nigeria, the largest economy in Africa, and now expanding to the whole Lake Chad Region. This crisis cannot be left unaddressed. Thousands are suffering as victims of violent extremism. Whole villages have been burned to the ground with families forced to live in caves to elude terrorists. There are 2.2 million official Internally Displaced Persons (IDPs). However, since many IDPs live outside of formal camp structures, the actual number is thought to be closer to 5-7 million. This is a staggering number of people forced out of their communities, deprived of their livelihoods, separated from education opportunities, and left without access to proper healthcare and psycho-social care. We believe the complexity of addressing these real and multi-faceted humanitarian exigencies alone warrants a Special Envoy. The emerging security threat in the Nigerian Middle Belt further augments the critical urgency to appoint a Special Envoy. Since 2014, Fulani militants have been escalating their engagements across the Middle Belt and are now launching attacks in the south of the country. In the past 16 months there have been 55 separate Fulani militant attacks in 14 different states resulting in over 1,000 deaths. Many of these involved sustained offensives, sophisticated weaponry, and targeted religious and ethnic minority communities under the banner of creating grazing territory. Should Nigeria further fracture it would constitute one of the greatest security threats in West Africa. A Special Envoy for Nigeria and the Lake Chad Region directly reporting to Assistant Secretary of State Linda Thomas-Greenfield could relate to Boko Haram, Fulani militants, security and humanitarian aid. It is our firm belief that the United States has a vested interest in confronting one of the worst humanitarian crisis of our day and working to prevent the further unraveling of Nigeria, the country with both the largest Christian and largest Muslim population in Africa. On behalf of 31 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of House Resolution 290, a bi-partisan measure that promotes the rights to freedom of religion, belief and expression by calling for the global repeal of blasphemy laws. We all agree that blasphemy laws are antithetical to modern, prosperous societies, and must be abolished worldwide. Blasphemy laws are used to silence internal critics and alternative interpretations of the faith of the majority religious community, causing minority religious groups and the non-religious to suffer terribly. In an era when fundamentalist religious belief is leading to terror attacks and armed struggles throughout the world, it is more important than ever that we protect freedom of religion and belief. Blasphemy laws do precisely the opposite. H. Res 290 recognizes that many countries have blasphemy laws that punish expression deemed blasphemous and that blasphemy laws are inconsistent with international human rights standards, as they protect beliefs over individuals and often result in violations of the freedoms of religion and expression. The resolution also: Calls upon the President and State Department to make the repeal of blasphemy laws a priority in its bilateral relationships with all countries that have such laws through direct interventions in capitals and multilateral fora; Encourages the President and State Department to oppose any efforts at the United Nations or other international or multilateral fora to create an international anti-blasphemy norm, or to expand the international norm on incitement to include blasphemy or defamation of religions; Urges the President and State Department to designate Pakistan and Egypt each as a country of particular concern under the International Religious Freedom Act for perpetrating and tolerating particularly severe violations of religious freedom; and Urges the governments of Pakistan, Saudi Arabia, Egypt and other countries to amend or repeal their blasphemy laws, to release unconditionally persons imprisoned on charges of blasphemy and, once released, ensure their safety and that of their families. Blasphemy laws and similar restrictions on speech regarding religion exist in at least 44 countries, according to the Pew Research Center. Pew has also found that countries with laws against blasphemy, and apostasy were more likely to have high government restrictions on religion, as well as social hostilities based on religion, than countries that do not have such laws. The United States government is in a unique position to promote the rights to freedom of religion, belief, and expression around the world. This country was founded on respect for the principles of religious freedom and tolerance for difference of opinion, and as a leader in the global community we have a moral duty to advance these principles around the world. Congress in particular can play a significant role in promoting freedom of religion, belief, and expression around the world by passing H. Res 290, which would bring more attention to the troubling use of blasphemy laws and related measures, place deserved attention on worst offenders, and press the administration to make their repeal a more central focus of their foreign policy. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of inclusion of an amendment in the FY17 State and Foreign Operations Appropriations bill that would permit more robust U.S. support of International Criminal Court cases, including those involving religious persecution. The United States has long been a champion of accountability and justice for perpetrators of atrocity crimes, including in Nazi Germany, the former Yugoslavia, Rwanda, Sierra Leone, and Cambodia. The passage of this amendment will further solidify American leadership on the rule of law and human rights, and, of particular interest to us, will allow the U.S. to promote accountability and justice in conflict situations involving religious freedom abuses. The International Criminal Court (ICC or Court) is the worlds only permanent international tribunal mandated to investigate and prosecute atrocity crimes. The ICCs governing statute specifically includes religious persecution as a punishable offense within the three core atrocity crimes that the Court prosecutes - genocide, crimes against humanity, and war crimes - and religiously motivated crimes are implicated in six of the nine country situations currently before the Court. In light of the ICCs mandate to prosecute perpetrators of religious persecution, and as a result of the recognition that the Court serves to protect core religious values, including justice, bearing witness, redress, protecting the vulnerable, and helping to lay the foundation for durable peace, many faith-based organizations from diverse cultural, social, and political backgrounds support the work and mission of the ICC. Moreover, the U.S. has been broadly supportive of all of the ICCs cases, as they are consistent with U.S. national interests. For instance, the State Departments Rewards for Justice Program was created in 1984 and has been used for over 30 years to help apprehend and prosecute international criminals. In 2013, Congress passed a bipartisan expansion of this program to allow for the payment of up to $5 million to individuals who provide information that leads to the capture of ICC fugitives. Yet, an outdated provision of U.S. law hampers Americas ability to provide the full array of professional, logistical, and other resources to ICC cases. Presently, the U.S. can only provide limited, in-kind support to the ICC on a case-by-case basis. This results in the U.S. being unable to provide the ICC with the resources needed to bring to justice perpetrators of atrocities, including the most egregious abuses of international religious freedom. Essentially, this means that the hands of the U.S. government are tied when it comes to assisting in crucial efforts to prosecute atrocity crimes, including religious persecution. The language we are supporting, a proposed Atrocity Accountability Amendment (Amendment), would make a moderate, limited, and narrowly-tailored change to U.S. law that would allow the U.S. to provide to the ICC the same type of critical support that it provided to the Rwanda, former Yugoslavia, and other international tribunals. This change would ensure that Americas options in the fight against atrocities are not artificially restricted and would give the U.S. more tools in its toolbox to counter impunity, promote accountability, and contribute to justice and peacebuilding efforts. This change could, for instance, mean that the U.S. could offer finances for additional investigators, witness protection assistance, sophisticated law enforcement technologies, and expert scientists and other professionals to the ICCs current investigation of Boko Harams atrocities in Nigeria, religious persecution in the Central African Republic, and Joseph Kony and the Lords Resistance Army in Uganda and other areas - all cases which the United States has a principled and strategic interest in supporting, especially where national security concerns are implicated. The limitation existing under current law should be of serious concern to the United States because, in many cases, the ICC is the only mechanism available to hold individuals accountable for their commission of religiously-motivated atrocities. Indeed, in its 2015 and 2016 Annual Reports, the U.S. Commission on International Religious Freedom (USCIRF) recommended that the U.S. push for a UN Security Council Resolution that refers atrocities committed by the so-called Islamic State to the ICC. In recent congressional testimony before the Tom Lantos Human Rights Commission, the then-chair of USCIRF specifically recommended the change to U.S. law that the Amendment would make. Earlier this year, the House unanimously passed a resolution declaring the atrocities being committed against religious and ethnic minorities in Iraq and Syria to be genocide and crimes against humanity, and calling for prosecution of these crimes. Passing the Amendment is one of the most concrete and readily available ways in which the House can promote the accountability sought in its resolution, as the change it makes would allow the U.S. to more meaningfully support efforts to bring Islamic State perpetrators of atrocities to justice through the ICC. These efforts would apply not only to Iraq and Syria, but also to Islamic State atrocities in Libya, where the ICC currently has jurisdiction. On behalf of 93 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our deep concern about Federal Laws â„- 374-ФÐ-- and 375-ФÐ--, On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation to establish additional measures to counter terrorism and ensure public safety (the Federal Anti-Terrorism Law); and urge U.S. government leaders to engage the Russian government and urge its leaders to ensure the Federal Anti-Terrorism Law is not used against peaceful spiritual groups. The Federal Anti-Terrorism Law further restricts religious freedom. We are particularly concerned about the amendments that introduce an entire new section to the Religion Law, imposing strict limits on sharing beliefs, including where and who may share them, and increase extremism punishments. We are aware of the fact that Russia has to be vigilant in order to prevent extremism, violence and terrorism. But you must fully consider and understand the impact of these amendments on social cohesion and national security. The need to counter violent extremism is pressing, but cracking down on religious freedom is a dangerous and counterproductive response. This conclusion is increasingly bolstered by empirical research. An exhaustive study by academics from Harvard, Notre Dame and Georgetown found that religious communities are most likely to support democracy, peace and freedom for other faiths, and least likely to take up the gun or form dictatorships, when governments allow them freedom to worship, practice and express their faiths freely and when religious communities in turn renounce their claims to permanent offices or positions of policy-making authority. Dr. Brian Grim, a noted expert on society, the economy and religion, has found a strong correlation between government restrictions on religion and religiously-motivated violence. Further, the Federal Anti-Terrorism Law poses threats to the fundamental human rights and freedoms that are guaranteed by Russias Constitution and its international human rights obligations, including the International Covenant on Civil and Political Rights, the Organization for Security and Co-operation in Europe (OSCE) human dimension commitments, the European Convention on Human Rights, and the Vienna Convention on the Law of Treaties. When evaluated within these legal frameworks, the Federal Anti-Terrorism Law raises a number of serious problems. It restricts the dissemination of beliefs in public to registered groups and organizations, and bars even informal sharing of beliefs by individuals acting on their own behalf. Perhaps most concerning, it restricts the beliefs that can be shared, limits the places where sharing beliefs can happen and explicitly bans sharing beliefs in residential buildings, "except as provided for by Article 16, Part 2 of [the Religion Law]." Article 16, Part 2, states that worship services and other religious rites and ceremonies may be freely held in residential premises, as well as in premises owned or rented by religious organizations. It is therefore unclear what this part of the amendment will mean in practice. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstans international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision against Kazakhstan. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. 11.In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide the author with an effective remedy, including review of his conviction and review of the cancellation of his residence permit. The State party is also under an obligation to prevent similar violations in the future. 12.Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether or not there has been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory or subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy when a violation has been established, the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committees Views. The State party is also requested to publish the present Views, to have them translated into the official languages of the State party, and to have them widely disseminated. Finally, shared an International Religious Freedom Roundtable submission to the UN Human Rights Committee. Provided this submission to the UN Human Rights Committee in connection with its consideration of the second periodic report of Kazakhstan regarding its compliance with the ICCPR on 22 and 23 June 2016. It lays out our concerns related to Kazakhstan and Article 18 - freedom of religion-and our recommendations. The purpose of this submission was to summarize to date the IRF Roundtable engagement with the Kazakh government and interactions with the UN Special Rapporteur regarding religious freedom in Kazakhstan in light of the deteriorating situation, hopeful that a meaningful dialogue might be renewed-one that does not demonize the government or civil society. We believe this dialogue can be helpful in maintaining stability and peace in Kazakhstan while bringing the Religion Law and related articles of the Criminal and Administrative Codes closer to compliance with UN international standards articulated in the International Covenant on Civil and Political Rights (ICCPR).
Frank R. Wolf International Religious Freedom Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 73 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H. Con. Res. 75, a resolution expressing the sense of Congress that those who commit or support atrocities against Christians and other ethnic and religious minorities, including Yezidis, Turkmen, Sabea-Mandeans, Kaka`e, and Kurds, and who target them specifically for ethnic or religious reasons, are committing, and are hereby declared to be committing, `war crimes', `crimes against humanity', and `genocide'. Since the emergence of the self-proclaimed Islamic State in Iraq and Syria, Christians and other religious minorities including Yezidis, Turkmen, Sabea-Mandeans, Kakae, Kurds, and Shia, have been targeted for extermination and forced to flee their homelands. The atrocities perpetrated against these vulnerable groups shock the conscience of civilized humanity. They have been systematically murdered and subjected to grievous bodily harm and psychological harm, including sexual slavery and abuse inflicted in a deliberate and calculated manner. ISIS is committing genocide against religious groups that do not conform to ISISs totalitarian definition of true Islam. The United States government and the global community must universally acknowledge the genocide that is taking place against religious minorities in Iraq and Syria. Without a swift and decisive response from the international community, the lives and ancient cultural heritage of these minorities could be eradicated from the Middle East completely. It is our belief that officially declaring and subsequently halting this genocide and its spread is a matter of vital moral and strategic importance for the United States, the international community, and the overall state of religious freedom around the world. On March 14, 2016, this resolution passed the House on motion to suspend the rules and agree to the resolution. Agreed to by the Yeas and Nays: (2/3 required): 393 - 0. On behalf of 112 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the U.S. government to declare the Islamic States systematic destruction of the ancient religious minority communities in Iraq and Syria including Christians-Assyrians/Chaldeans/Syriacs, Copts, etc.-Yazidis, Shia Muslims, Turkmen (Shia), Shabak and others to be genocide. There is a growing chorus of political and faith leaders, genocide scholars, human rights experts and numerous Iraqi and Syrian, Christian and Yazidi firsthand testimonies recognizing that the most accurate description for the atrocities unfolding at the initiative of the Islamic State is genocide. We believe that without a formal declaration the U.S. Government has abdicated its duty and vow to confront the most heinous of human rights violations, namely genocide. The Administration has a tremendous opportunity to extend American leadership at a crucial time on behalf of the ancient religious and ethnic minority communities who are experiencing the most brutal reality imaginable - genocide. In their most recent report, the Office of the United Nations High Commissioner for Human Rights and the United Nations Assistance Mission for Iraq - Human Rights Office stated clearly that ISIL continue to target members of different ethnic and religious communities, expounding further [t]hese acts appear to form part of a systematic and widespread policy that aims to suppress, permanently expel, or destroy many of these communities within ISIL areas of control. On February 4, 2016, the European Parliament adopted a resolution designating the crimes the Islamic State has committed against ethnic and religious minorities as genocide. In the declaration, they remind other signatories of the 1948 U.N. Convention on the Prevention and Punishment of the Crime of Genocide to acknowledge the crimes of the Islamic State and to coordinate with the larger international community. At this critical juncture, a designation of genocide by the United States would strengthen the actions of the international community and further extend American leadership. Time and again the Islamic State has committed crimes with the intent to destroy, in whole or in part, the ethnic and religious minority communities of Iraq and Syria. The world is watching and clear moral leadership by the Administration is needed to declare and subsequently stop such atrocities in order to preserve these ancient communities. It is our belief that officially declaring and subsequently halting this genocide is a matter of vital moral and strategic importance for the United States, the international community, and the overall state of religious freedom around the world. On March17, 2016, Secretary of State John Kerry said that the United States has determined that the Islamic State is carrying out genocide against Christians and other religious groups in the Middle East. On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015; and in support of a markup in the House Foreign Affairs Committee. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result.
Sentencing Reform Act of 2015
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
In the direction of comprehensive criminal justice reform at the federal level: Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Sentencing Reform Act of 2015
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Sentencing Reform Act of 2015
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Sentencing Reform Act of 2015
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
In the direction of comprehensive criminal justice reform at the federal level: Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
FOIA Oversight and Implementation Act of 2016
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 14 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge congressional leaders to ensure final passage of Freedom of Information Act (FOIA) reform legislation in time to be signed into law on July 4, 2016, the 50th Anniversary of the original FOIA. This legislation is important because FOIA remains a powerful tool for the public and the press to obtain information about their government, create and preserve government accountability, promote transparency, and ensure the efficiency and effectiveness of government policies and actions. Yet, FOIA requesters are facing persistent problems. In June, the House Oversight and Government Reform Committee held two days of hearings that showed how federal agencies are not fulfilling their FOIA obligations in the way Congress intended. The Committee heard from witnesses who documented long delays and procedural hurdles they face when using FOIA. FOIA must be updated to keep up with changing technology, to overcome an increasingly persistent mindset within federal agencies that information belongs to the government rather than the people, and to ensure that information withheld based on the deliberative process exemption is made available to the public after 25 years. Faith-based, secular and human rights organizations that advocate on a variety of issues, such as international religious freedom, human rights, criminal justice reform and human trafficking, often use FOIA to monitor, evaluate and understand the executive decision-making processes that drive government policies and actions. This helps us exercise our global and national citizenships more responsibly as we perform our humanitarian work to contribute to the betterment of society. Both the House and Senate have now approved bipartisan FOIA Reform Bills which are similar but not identical. On January 11, 2016, the House passed H.R. 653, the FOIA Oversight and Implementation Act of 2016, or FOIA Act, by voice vote; and On March 15, 2016, the Senate passed S. 337, the FOIA Improvement Act of 2016, by Unanimous Consent. And on March16, 2016, this bill was received in the House and held at the desk. We hope the House and Senate will be able to work out the differences in these bills in the next few weeks. But if the differences cannot be ironed out in a timely fashion, we urge you to move forward and put S. 337 on the House floor for a vote on final passage, and then send it to the President for his signature on July 4. S. 337 will strengthen FOIA in a number of ways, including: It contains similar provisions to those passed by the House, including codification of the presumption of openness and prohibition of the withholding of records unless agencies can identify a foreseeable harm to one of the interests protected by FOIAs nine exemptions, or release of the documents is specifically prohibited by law. Importantly, the Senate Bill does not mandate the withholding of records that would adversely affect intelligence sources and methods. That language was included in the House Bill and could arguably lead to greater secrecy. The language is also unnecessary because intelligence sources and methods are already protected by FOIA Exemptions 1 and 3. The Senate Bill, like the House Bill, includes a time limit for how long agencies can withhold records that chronicle internal agency deliberations. Specifically, the bill prohibits agencies from withholding documents under the deliberative process privilege if they are more than 25 years old. This provision is an attempt to limit agencies reliance on Exemption 5, which has earned the nickname the withhold it because you want to exemption because it is so often misused to withhold records. The Senate Bill places an emphasis on technology by calling for the creation of a central online FOIA portal that would allow the public to request records from multiple agencies simultaneously, and bolstering requirements for agencies to proactively disclose records in electronic formats. Finally, the bill limits agencies ability to charge fees to FOIA requesters when they fail to fulfill the request within the statutes 20-day response deadline.
Corrections and Recidivism Reduction Act of 2016
Client: MOSHE MARGARETEN · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of H.R. 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. Specifically, made contacts in support of recidivism reduction programs, productive activities and real jobs; and earned time credits for federal prisoners. Supported time credits of up to 30 days for each period of 30 days of programming that they successfully complete for prisoners who are a low risk of recidivism. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. Also made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But made contacts to support the following revision: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years.
Corrections and Recidivism Reduction Act of 2016
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Corrections and Recidivism Reduction Act of 2016
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
In the direction of comprehensive criminal justice reform at the federal level: Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Corrections and Recidivism Reduction Act of 2016
Client: MOSHE MARGARETEN · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of H.R. 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. But also made contacts in support of the following revision: Expanding the elderly release provision to include prisoners who are 60 years of age and have completed 2/3 of their sentence. Also made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But also made contacts to support the following revision: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years. Specific fraud exclusions have been added to the bill, making this general fraud exclusion unnecessary.
Corrections and Recidivism Reduction Act of 2016
Client: MOSHE MARGARETEN · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of H.R. 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. But also made contacts in support of expanding the elderly release program to include prisoners who are 60 years of age and have completed 2/3 of their sentence. Also made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But also made contacts to support the following revision: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years. Specific fraud exclusions have been added to the bill, making this general fraud exclusion unnecessary.
Corrections and Recidivism Reduction Act of 2016
Client: MOSHE MARGARETEN · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of H.R. 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. But also made contacts in support of the following revision: Expanding the elderly release provision to include prisoners who are 60 years of age and have completed 2/3 of their sentence. Also made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But also made contacts to support the following revision: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years. Specific fraud exclusions have been added to the bill, making this general fraud exclusion unnecessary.
Corrections and Recidivism Reduction Act of 2016
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
In the direction of comprehensive criminal justice reform at the federal level: Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Corrections and Recidivism Reduction Act of 2016
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Calling for the global repeal of blasphemy laws.
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 73 organizations and individuals, including the client, who signed a multi-faith letter in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act, made contacts in support of a swift markup and passage of H.R. 1150 out of the Senate Foreign Relations Committee; then in support of Senate passage; and finally in support of House passage of the amended version passed by the Senate. H.R. 1150 passed out of the Senate Judiciary Committee on December 7; passed out of the Senate on December 10; and passed out of the House on December 13. The President of the United States signed it into law on December 16, 2016. We believe H.R. 1150 strengthens IRFA at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 74% of the worlds population live in countries with a high or very high overall level of restriction on religion. We must work to create a context where people can peacefully live with their deepest differences. The turmoil and bloodshed in Syria, Iraq and Nigeria-including the Islamic States genocide against Christians, Yazidis, Shia Muslims, Turkmen (Shia), Shabak and others-offers the latest examples of what happens if we do not. The Frank R. Wolf International Religious Freedom Act would: Give the Administration and the State Department new political tools, strengthen the standing of the International Religious Freedom Office and the Ambassador-at-Large for International Religious Freedom by making clear that the Ambassador reports directly to the Secretary of State. Clarify the Ambassador-at-Larges role in distributing project grants to protect religious freedom globally. Create a Special Watch List and automatic downgrade to a Country of Particular Concern (CPC) for states on the list for three straight years. Clarify that CPC designations will occur annually. Require designation of non-state actors as Entities of Particular Concern. Direct the President to focus sanctions on individuals who carry out or order religious restrictions. Set a floor at 25 full-time employees in the International Religious Freedom Office. Require curriculum for training all Foreign Service Officers in the strategic value of international religious freedom. Prioritize IRF programming for groups that seek to strengthen investigations, reporting, and monitoring of religious freedom violations, including genocide. The passage and implementation of H.R. 1150 will result in a strengthened IRFA, as well the integration of this foundational human right into U.S. foreign policy and national security strategies. In so doing, the United States will send a clear and urgent message regarding the inherent dignity of every human being, while advancing global security in the fight against persecution, religious extremism and terrorism. This legislation is consistent with the best of our values, and has the added benefit of practically protecting our national interests as well. On behalf of 31 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of House Resolution 290, a bi-partisan measure that promotes the rights to freedom of religion, belief and expression by calling for the global repeal of blasphemy laws. We all agree that blasphemy laws are antithetical to modern, prosperous societies, and must be abolished worldwide. Blasphemy laws are used to silence internal critics and alternative interpretations of the faith of the majority religious community, causing minority religious groups and the non-religious to suffer terribly. In an era when fundamentalist religious belief is leading to terror attacks and armed struggles throughout the world, it is more important than ever that we protect freedom of religion and belief. Blasphemy laws do precisely the opposite. H. Res 290 recognizes that many countries have blasphemy laws that punish expression deemed blasphemous and that blasphemy laws are inconsistent with international human rights standards, as they protect beliefs over individuals and often result in violations of the freedoms of religion and expression. The resolution also: Calls upon the President and State Department to make the repeal of blasphemy laws a priority in its bilateral relationships with all countries that have such laws through direct interventions in capitals and multilateral fora; Encourages the President and State Department to oppose any efforts at the United Nations or other international or multilateral fora to create an international anti-blasphemy norm, or to expand the international norm on incitement to include blasphemy or defamation of religions; Urges the President and State Department to designate Pakistan and Egypt each as a country of particular concern under the International Religious Freedom Act for perpetrating and tolerating particularly severe violations of religious freedom; and Urges the governments of Pakistan, Saudi Arabia, Egypt and other countries to amend or repeal their blasphemy laws, to release unconditionally persons imprisoned on charges of blasphemy and, once released, ensure their safety and that of their families. Blasphemy laws and similar restrictions on speech regarding religion exist in at least 44 countries, according to the Pew Research Center. Pew has also found that countries with laws against blasphemy, and apostasy were more likely to have high government restrictions on religion, as well as social hostilities based on religion, than countries that do not have such laws. The United States government is in a unique position to promote the rights to freedom of religion, belief, and expression around the world. This country was founded on respect for the principles of religious freedom and tolerance for difference of opinion, and as a leader in the global community we have a moral duty to advance these principles around the world. Congress in particular can play a significant role in promoting freedom of religion, belief, and expression around the world by passing H. Res 290, which would bring more attention to the troubling use of blasphemy laws and related measures, place deserved attention on worst offenders, and press the administration to make their repeal a more central focus of their foreign policy. On behalf of 93 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our deep concern about Federal Laws â„- 374-ФÐ-- and 375-ФÐ--, On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation to establish additional measures to counter terrorism and ensure public safety (the Federal Anti-Terrorism Law); and to urge U.S. government leaders to engage the Russian government and urge its leaders to ensure the Federal Anti-Terrorism Law is not used against peaceful spiritual groups. The Federal Anti-Terrorism Law further restricts religious freedom. We are particularly concerned about the amendments that introduce an entire new section to the Religion Law, imposing strict limits on sharing beliefs, including where and who may share them, and increase extremism punishments. We are aware of the fact that Russia has to be vigilant in order to prevent extremism, violence and terrorism. But you must fully consider and understand the impact of these amendments on social cohesion and national security. The need to counter violent extremism is pressing, but cracking down on religious freedom is a dangerous and counterproductive response. This conclusion is increasingly bolstered by empirical research. An exhaustive study by academics from Harvard, Notre Dame and Georgetown found that religious communities are most likely to support democracy, peace and freedom for other faiths, and least likely to take up the gun or form dictatorships, when governments allow them freedom to worship, practice and express their faiths freely and when religious communities in turn renounce their claims to permanent offices or positions of policy-making authority. Dr. Brian Grim, a noted expert on society, the economy and religion, has found a strong correlation between government restrictions on religion and religiously-motivated violence. Further, the Federal Anti-Terrorism Law poses threats to the fundamental human rights and freedoms that are guaranteed by Russias Constitution and its international human rights obligations, including the International Covenant on Civil and Political Rights, the Organization for Security and Co-operation in Europe (OSCE) human dimension commitments, the European Convention on Human Rights, and the Vienna Convention on the Law of Treaties. When evaluated within these legal frameworks, the Federal Anti-Terrorism Law raises a number of serious problems. It restricts the dissemination of beliefs in public to registered groups and organizations, and bars even informal sharing of beliefs by individuals acting on their own behalf. Perhaps most concerning, it restricts the beliefs that can be shared, limits the places where sharing beliefs can happen and explicitly bans sharing beliefs in residential buildings, "except as provided for by Article 16, Part 2 of [the Religion Law]." Article 16, Part 2, states that worship services and other religious rites and ceremonies may be freely held in residential premises, as well as in premises owned or rented by religious organizations. It is therefore unclear what this part of the amendment will mean in practice. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstans international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
Calling for the global repeal of blasphemy laws.
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015; and on behalf of 64 organizations and individuals, including the client, who signed a multi-faith letter in support of S. 2878, the Frank R. Wolf International Religious Freedom Act; made contacts in support of a swift markup of either H.R. 1150 or S. 2878 in the Senate Foreign Relations Committee, and in support of Senate passage. We believe H.R. 1150/S. 2878 strengthens IRFA at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 74% of the worlds population live in countries with a high or very high overall level of restriction on religion in 2014, up from 68% in 2007. The Frank R. Wolf International Religious Freedom Act would: Give the Administration and the State Department new political tools, strengthen the standing of the International Religious Freedom Office and the Ambassador-at-Large for International Religious Freedom by making clear that the Ambassador reports directly to the Secretary of State. Clarify the Ambassador-at-Larges role in distributing project grants to protect religious freedom globally. Create a Special Watch List and automatic downgrade to a Country of Particular Concern (CPC) for states on the list for three straight years. Clarify that CPC designations will occur annually. Require designation of non-state actors as Entities of Particular Concern. Direct the President to focus sanctions on individuals who carry out or order religious restrictions. Set a floor at 25 full-time employees in the International Religious Freedom Office. Require curriculum for training all Foreign Service Officers in the strategic value of international religious freedom. Prioritize IRF programming for groups that seek to strengthen investigations, reporting, and monitoring of religious freedom violations, including genocide. H.R. 1150 passed out of the House by voice vote on May 16. The passage and implementation of H.R. 1150/S. 2878 will result in a strengthened IRFA, as well the integration of this foundational human right into U.S. foreign policy and national security strategies. In so doing, the United States will send a clear and urgent message regarding the inherent dignity of every human being, while advancing global security in the fight against persecution, religious extremism and terrorism. This legislation is consistent with the best of our values, and has the added benefit of practically protecting our national interests as well. On behalf of 42 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the appointment of a Special Envoy for Nigeria and the Lake Chad Region directly reporting to Assistant Secretary of State Linda Thomas-Greenfield in order to address the multi-faceted reality of Boko Haram, Fulani militants, security and humanitarian aid. The situation in northeastern and central Nigeria and the Lake Chad region as a whole is rapidly deteriorating. There is a growing security and humanitarian crisis threatening to fracture and destabilize Nigeria, the largest economy in Africa, and now expanding to the whole Lake Chad Region. This crisis cannot be left unaddressed. Thousands are suffering as victims of violent extremism. Whole villages have been burned to the ground with families forced to live in caves to elude terrorists. There are 2.2 million official Internally Displaced Persons (IDPs). However, since many IDPs live outside of formal camp structures, the actual number is thought to be closer to 5-7 million. This is a staggering number of people forced out of their communities, deprived of their livelihoods, separated from education opportunities, and left without access to proper healthcare and psycho-social care. We believe the complexity of addressing these real and multi-faceted humanitarian exigencies alone warrants a Special Envoy. The emerging security threat in the Nigerian Middle Belt further augments the critical urgency to appoint a Special Envoy. Since 2014, Fulani militants have been escalating their engagements across the Middle Belt and are now launching attacks in the south of the country. In the past 16 months there have been 55 separate Fulani militant attacks in 14 different states resulting in over 1,000 deaths. Many of these involved sustained offensives, sophisticated weaponry, and targeted religious and ethnic minority communities under the banner of creating grazing territory. Should Nigeria further fracture it would constitute one of the greatest security threats in West Africa. A Special Envoy for Nigeria and the Lake Chad Region directly reporting to Assistant Secretary of State Linda Thomas-Greenfield could relate to Boko Haram, Fulani militants, security and humanitarian aid. It is our firm belief that the United States has a vested interest in confronting one of the worst humanitarian crisis of our day and working to prevent the further unraveling of Nigeria, the country with both the largest Christian and largest Muslim population in Africa. On behalf of 31 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of House Resolution 290, a bi-partisan measure that promotes the rights to freedom of religion, belief and expression by calling for the global repeal of blasphemy laws. We all agree that blasphemy laws are antithetical to modern, prosperous societies, and must be abolished worldwide. Blasphemy laws are used to silence internal critics and alternative interpretations of the faith of the majority religious community, causing minority religious groups and the non-religious to suffer terribly. In an era when fundamentalist religious belief is leading to terror attacks and armed struggles throughout the world, it is more important than ever that we protect freedom of religion and belief. Blasphemy laws do precisely the opposite. H. Res 290 recognizes that many countries have blasphemy laws that punish expression deemed blasphemous and that blasphemy laws are inconsistent with international human rights standards, as they protect beliefs over individuals and often result in violations of the freedoms of religion and expression. The resolution also: Calls upon the President and State Department to make the repeal of blasphemy laws a priority in its bilateral relationships with all countries that have such laws through direct interventions in capitals and multilateral fora; Encourages the President and State Department to oppose any efforts at the United Nations or other international or multilateral fora to create an international anti-blasphemy norm, or to expand the international norm on incitement to include blasphemy or defamation of religions; Urges the President and State Department to designate Pakistan and Egypt each as a country of particular concern under the International Religious Freedom Act for perpetrating and tolerating particularly severe violations of religious freedom; and Urges the governments of Pakistan, Saudi Arabia, Egypt and other countries to amend or repeal their blasphemy laws, to release unconditionally persons imprisoned on charges of blasphemy and, once released, ensure their safety and that of their families. Blasphemy laws and similar restrictions on speech regarding religion exist in at least 44 countries, according to the Pew Research Center. Pew has also found that countries with laws against blasphemy, and apostasy were more likely to have high government restrictions on religion, as well as social hostilities based on religion, than countries that do not have such laws. The United States government is in a unique position to promote the rights to freedom of religion, belief, and expression around the world. This country was founded on respect for the principles of religious freedom and tolerance for difference of opinion, and as a leader in the global community we have a moral duty to advance these principles around the world. Congress in particular can play a significant role in promoting freedom of religion, belief, and expression around the world by passing H. Res 290, which would bring more attention to the troubling use of blasphemy laws and related measures, place deserved attention on worst offenders, and press the administration to make their repeal a more central focus of their foreign policy. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of inclusion of an amendment in the FY17 State and Foreign Operations Appropriations bill that would permit more robust U.S. support of International Criminal Court cases, including those involving religious persecution. The United States has long been a champion of accountability and justice for perpetrators of atrocity crimes, including in Nazi Germany, the former Yugoslavia, Rwanda, Sierra Leone, and Cambodia. The passage of this amendment will further solidify American leadership on the rule of law and human rights, and, of particular interest to us, will allow the U.S. to promote accountability and justice in conflict situations involving religious freedom abuses. The International Criminal Court (ICC or Court) is the worlds only permanent international tribunal mandated to investigate and prosecute atrocity crimes. The ICCs governing statute specifically includes religious persecution as a punishable offense within the three core atrocity crimes that the Court prosecutes - genocide, crimes against humanity, and war crimes - and religiously motivated crimes are implicated in six of the nine country situations currently before the Court. In light of the ICCs mandate to prosecute perpetrators of religious persecution, and as a result of the recognition that the Court serves to protect core religious values, including justice, bearing witness, redress, protecting the vulnerable, and helping to lay the foundation for durable peace, many faith-based organizations from diverse cultural, social, and political backgrounds support the work and mission of the ICC. Moreover, the U.S. has been broadly supportive of all of the ICCs cases, as they are consistent with U.S. national interests. For instance, the State Departments Rewards for Justice Program was created in 1984 and has been used for over 30 years to help apprehend and prosecute international criminals. In 2013, Congress passed a bipartisan expansion of this program to allow for the payment of up to $5 million to individuals who provide information that leads to the capture of ICC fugitives. Yet, an outdated provision of U.S. law hampers Americas ability to provide the full array of professional, logistical, and other resources to ICC cases. Presently, the U.S. can only provide limited, in-kind support to the ICC on a case-by-case basis. This results in the U.S. being unable to provide the ICC with the resources needed to bring to justice perpetrators of atrocities, including the most egregious abuses of international religious freedom. Essentially, this means that the hands of the U.S. government are tied when it comes to assisting in crucial efforts to prosecute atrocity crimes, including religious persecution. The language we are supporting, a proposed Atrocity Accountability Amendment (Amendment), would make a moderate, limited, and narrowly-tailored change to U.S. law that would allow the U.S. to provide to the ICC the same type of critical support that it provided to the Rwanda, former Yugoslavia, and other international tribunals. This change would ensure that Americas options in the fight against atrocities are not artificially restricted and would give the U.S. more tools in its toolbox to counter impunity, promote accountability, and contribute to justice and peacebuilding efforts. This change could, for instance, mean that the U.S. could offer finances for additional investigators, witness protection assistance, sophisticated law enforcement technologies, and expert scientists and other professionals to the ICCs current investigation of Boko Harams atrocities in Nigeria, religious persecution in the Central African Republic, and Joseph Kony and the Lords Resistance Army in Uganda and other areas - all cases which the United States has a principled and strategic interest in supporting, especially where national security concerns are implicated. The limitation existing under current law should be of serious concern to the United States because, in many cases, the ICC is the only mechanism available to hold individuals accountable for their commission of religiously-motivated atrocities. Indeed, in its 2015 and 2016 Annual Reports, the U.S. Commission on International Religious Freedom (USCIRF) recommended that the U.S. push for a UN Security Council Resolution that refers atrocities committed by the so-called Islamic State to the ICC. In recent congressional testimony before the Tom Lantos Human Rights Commission, the then-chair of USCIRF specifically recommended the change to U.S. law that the Amendment would make. Earlier this year, the House unanimously passed a resolution declaring the atrocities being committed against religious and ethnic minorities in Iraq and Syria to be genocide and crimes against humanity, and calling for prosecution of these crimes. Passing the Amendment is one of the most concrete and readily available ways in which the House can promote the accountability sought in its resolution, as the change it makes would allow the U.S. to more meaningfully support efforts to bring Islamic State perpetrators of atrocities to justice through the ICC. These efforts would apply not only to Iraq and Syria, but also to Islamic State atrocities in Libya, where the ICC currently has jurisdiction. On behalf of 93 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our deep concern about Federal Laws â„- 374-ФÐ-- and 375-ФÐ--, On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation to establish additional measures to counter terrorism and ensure public safety (the Federal Anti-Terrorism Law); and urge U.S. government leaders to engage the Russian government and urge its leaders to ensure the Federal Anti-Terrorism Law is not used against peaceful spiritual groups. The Federal Anti-Terrorism Law further restricts religious freedom. We are particularly concerned about the amendments that introduce an entire new section to the Religion Law, imposing strict limits on sharing beliefs, including where and who may share them, and increase extremism punishments. We are aware of the fact that Russia has to be vigilant in order to prevent extremism, violence and terrorism. But you must fully consider and understand the impact of these amendments on social cohesion and national security. The need to counter violent extremism is pressing, but cracking down on religious freedom is a dangerous and counterproductive response. This conclusion is increasingly bolstered by empirical research. An exhaustive study by academics from Harvard, Notre Dame and Georgetown found that religious communities are most likely to support democracy, peace and freedom for other faiths, and least likely to take up the gun or form dictatorships, when governments allow them freedom to worship, practice and express their faiths freely and when religious communities in turn renounce their claims to permanent offices or positions of policy-making authority. Dr. Brian Grim, a noted expert on society, the economy and religion, has found a strong correlation between government restrictions on religion and religiously-motivated violence. Further, the Federal Anti-Terrorism Law poses threats to the fundamental human rights and freedoms that are guaranteed by Russias Constitution and its international human rights obligations, including the International Covenant on Civil and Political Rights, the Organization for Security and Co-operation in Europe (OSCE) human dimension commitments, the European Convention on Human Rights, and the Vienna Convention on the Law of Treaties. When evaluated within these legal frameworks, the Federal Anti-Terrorism Law raises a number of serious problems. It restricts the dissemination of beliefs in public to registered groups and organizations, and bars even informal sharing of beliefs by individuals acting on their own behalf. Perhaps most concerning, it restricts the beliefs that can be shared, limits the places where sharing beliefs can happen and explicitly bans sharing beliefs in residential buildings, "except as provided for by Article 16, Part 2 of [the Religion Law]." Article 16, Part 2, states that worship services and other religious rites and ceremonies may be freely held in residential premises, as well as in premises owned or rented by religious organizations. It is therefore unclear what this part of the amendment will mean in practice. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstans international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision against Kazakhstan. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. 11.In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide the author with an effective remedy, including review of his conviction and review of the cancellation of his residence permit. The State party is also under an obligation to prevent similar violations in the future. 12.Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether or not there has been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory or subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy when a violation has been established, the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committees Views. The State party is also requested to publish the present Views, to have them translated into the official languages of the State party, and to have them widely disseminated. Finally, shared an International Religious Freedom Roundtable submission to the UN Human Rights Committee. Provided this submission to the UN Human Rights Committee in connection with its consideration of the second periodic report of Kazakhstan regarding its compliance with the ICCPR on 22 and 23 June 2016. It lays out our concerns related to Kazakhstan and Article 18 - freedom of religion-and our recommendations. The purpose of this submission was to summarize to date the IRF Roundtable engagement with the Kazakh government and interactions with the UN Special Rapporteur regarding religious freedom in Kazakhstan in light of the deteriorating situation, hopeful that a meaningful dialogue might be renewed-one that does not demonize the government or civil society. We believe this dialogue can be helpful in maintaining stability and peace in Kazakhstan while bringing the Religion Law and related articles of the Criminal and Administrative Codes closer to compliance with UN international standards articulated in the International Covenant on Civil and Political Rights (ICCPR).
Sentencing Reform and Corrections Act of 2015
Client: MOSHE MARGARETEN · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of H.R. 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. But also made contacts in support of the following revision: Expanding the elderly release provision to include prisoners who are 60 years of age and have completed 2/3 of their sentence. Also made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But also made contacts to support the following revision: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years. Specific fraud exclusions have been added to the bill, making this general fraud exclusion unnecessary.
Sentencing Reform and Corrections Act of 2015
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
In the direction of comprehensive criminal justice reform at the federal level: Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Sentencing Reform and Corrections Act of 2015
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
In the direction of comprehensive criminal justice reform at the federal level: Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Sentencing Reform and Corrections Act of 2015
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Sentencing Reform and Corrections Act of 2015
Client: MOSHE MARGARETEN · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of H.R. 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. Specifically, made contacts in support of recidivism reduction programs, productive activities and real jobs; and earned time credits for federal prisoners. Supported time credits of up to 30 days for each period of 30 days of programming that they successfully complete for prisoners who are a low risk of recidivism. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. Also made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But made contacts to support the following revision: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years.
Sentencing Reform and Corrections Act of 2015
Client: MOSHE MARGARETEN · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of H.R. 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. But also made contacts in support of expanding the elderly release program to include prisoners who are 60 years of age and have completed 2/3 of their sentence. Also made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But also made contacts to support the following revision: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years. Specific fraud exclusions have been added to the bill, making this general fraud exclusion unnecessary.
Sentencing Reform and Corrections Act of 2015
Client: MOSHE MARGARETEN · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of H.R. 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. But also made contacts in support of the following revision: Expanding the elderly release provision to include prisoners who are 60 years of age and have completed 2/3 of their sentence. Also made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But also made contacts to support the following revision: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years. Specific fraud exclusions have been added to the bill, making this general fraud exclusion unnecessary.
Sentencing Reform and Corrections Act of 2015
Client: U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Frank R. Wolf International Religious Freedom Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015; and on behalf of 64 organizations and individuals, including the client, who signed a multi-faith letter in support of S. 2878, the Frank R. Wolf International Religious Freedom Act; made contacts in support of a swift markup of either H.R. 1150 or S. 2878 in the Senate Foreign Relations Committee, and in support of Senate passage. We believe H.R. 1150/S. 2878 strengthens IRFA at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 74% of the worlds population live in countries with a high or very high overall level of restriction on religion in 2014, up from 68% in 2007. The Frank R. Wolf International Religious Freedom Act would: Give the Administration and the State Department new political tools, strengthen the standing of the International Religious Freedom Office and the Ambassador-at-Large for International Religious Freedom by making clear that the Ambassador reports directly to the Secretary of State. Clarify the Ambassador-at-Larges role in distributing project grants to protect religious freedom globally. Create a Special Watch List and automatic downgrade to a Country of Particular Concern (CPC) for states on the list for three straight years. Clarify that CPC designations will occur annually. Require designation of non-state actors as Entities of Particular Concern. Direct the President to focus sanctions on individuals who carry out or order religious restrictions. Set a floor at 25 full-time employees in the International Religious Freedom Office. Require curriculum for training all Foreign Service Officers in the strategic value of international religious freedom. Prioritize IRF programming for groups that seek to strengthen investigations, reporting, and monitoring of religious freedom violations, including genocide. H.R. 1150 passed out of the House by voice vote on May 16. The passage and implementation of H.R. 1150/S. 2878 will result in a strengthened IRFA, as well the integration of this foundational human right into U.S. foreign policy and national security strategies. In so doing, the United States will send a clear and urgent message regarding the inherent dignity of every human being, while advancing global security in the fight against persecution, religious extremism and terrorism. This legislation is consistent with the best of our values, and has the added benefit of practically protecting our national interests as well. On behalf of 42 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the appointment of a Special Envoy for Nigeria and the Lake Chad Region directly reporting to Assistant Secretary of State Linda Thomas-Greenfield in order to address the multi-faceted reality of Boko Haram, Fulani militants, security and humanitarian aid. The situation in northeastern and central Nigeria and the Lake Chad region as a whole is rapidly deteriorating. There is a growing security and humanitarian crisis threatening to fracture and destabilize Nigeria, the largest economy in Africa, and now expanding to the whole Lake Chad Region. This crisis cannot be left unaddressed. Thousands are suffering as victims of violent extremism. Whole villages have been burned to the ground with families forced to live in caves to elude terrorists. There are 2.2 million official Internally Displaced Persons (IDPs). However, since many IDPs live outside of formal camp structures, the actual number is thought to be closer to 5-7 million. This is a staggering number of people forced out of their communities, deprived of their livelihoods, separated from education opportunities, and left without access to proper healthcare and psycho-social care. We believe the complexity of addressing these real and multi-faceted humanitarian exigencies alone warrants a Special Envoy. The emerging security threat in the Nigerian Middle Belt further augments the critical urgency to appoint a Special Envoy. Since 2014, Fulani militants have been escalating their engagements across the Middle Belt and are now launching attacks in the south of the country. In the past 16 months there have been 55 separate Fulani militant attacks in 14 different states resulting in over 1,000 deaths. Many of these involved sustained offensives, sophisticated weaponry, and targeted religious and ethnic minority communities under the banner of creating grazing territory. Should Nigeria further fracture it would constitute one of the greatest security threats in West Africa. A Special Envoy for Nigeria and the Lake Chad Region directly reporting to Assistant Secretary of State Linda Thomas-Greenfield could relate to Boko Haram, Fulani militants, security and humanitarian aid. It is our firm belief that the United States has a vested interest in confronting one of the worst humanitarian crisis of our day and working to prevent the further unraveling of Nigeria, the country with both the largest Christian and largest Muslim population in Africa. On behalf of 31 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of House Resolution 290, a bi-partisan measure that promotes the rights to freedom of religion, belief and expression by calling for the global repeal of blasphemy laws. We all agree that blasphemy laws are antithetical to modern, prosperous societies, and must be abolished worldwide. Blasphemy laws are used to silence internal critics and alternative interpretations of the faith of the majority religious community, causing minority religious groups and the non-religious to suffer terribly. In an era when fundamentalist religious belief is leading to terror attacks and armed struggles throughout the world, it is more important than ever that we protect freedom of religion and belief. Blasphemy laws do precisely the opposite. H. Res 290 recognizes that many countries have blasphemy laws that punish expression deemed blasphemous and that blasphemy laws are inconsistent with international human rights standards, as they protect beliefs over individuals and often result in violations of the freedoms of religion and expression. The resolution also: Calls upon the President and State Department to make the repeal of blasphemy laws a priority in its bilateral relationships with all countries that have such laws through direct interventions in capitals and multilateral fora; Encourages the President and State Department to oppose any efforts at the United Nations or other international or multilateral fora to create an international anti-blasphemy norm, or to expand the international norm on incitement to include blasphemy or defamation of religions; Urges the President and State Department to designate Pakistan and Egypt each as a country of particular concern under the International Religious Freedom Act for perpetrating and tolerating particularly severe violations of religious freedom; and Urges the governments of Pakistan, Saudi Arabia, Egypt and other countries to amend or repeal their blasphemy laws, to release unconditionally persons imprisoned on charges of blasphemy and, once released, ensure their safety and that of their families. Blasphemy laws and similar restrictions on speech regarding religion exist in at least 44 countries, according to the Pew Research Center. Pew has also found that countries with laws against blasphemy, and apostasy were more likely to have high government restrictions on religion, as well as social hostilities based on religion, than countries that do not have such laws. The United States government is in a unique position to promote the rights to freedom of religion, belief, and expression around the world. This country was founded on respect for the principles of religious freedom and tolerance for difference of opinion, and as a leader in the global community we have a moral duty to advance these principles around the world. Congress in particular can play a significant role in promoting freedom of religion, belief, and expression around the world by passing H. Res 290, which would bring more attention to the troubling use of blasphemy laws and related measures, place deserved attention on worst offenders, and press the administration to make their repeal a more central focus of their foreign policy. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of inclusion of an amendment in the FY17 State and Foreign Operations Appropriations bill that would permit more robust U.S. support of International Criminal Court cases, including those involving religious persecution. The United States has long been a champion of accountability and justice for perpetrators of atrocity crimes, including in Nazi Germany, the former Yugoslavia, Rwanda, Sierra Leone, and Cambodia. The passage of this amendment will further solidify American leadership on the rule of law and human rights, and, of particular interest to us, will allow the U.S. to promote accountability and justice in conflict situations involving religious freedom abuses. The International Criminal Court (ICC or Court) is the worlds only permanent international tribunal mandated to investigate and prosecute atrocity crimes. The ICCs governing statute specifically includes religious persecution as a punishable offense within the three core atrocity crimes that the Court prosecutes - genocide, crimes against humanity, and war crimes - and religiously motivated crimes are implicated in six of the nine country situations currently before the Court. In light of the ICCs mandate to prosecute perpetrators of religious persecution, and as a result of the recognition that the Court serves to protect core religious values, including justice, bearing witness, redress, protecting the vulnerable, and helping to lay the foundation for durable peace, many faith-based organizations from diverse cultural, social, and political backgrounds support the work and mission of the ICC. Moreover, the U.S. has been broadly supportive of all of the ICCs cases, as they are consistent with U.S. national interests. For instance, the State Departments Rewards for Justice Program was created in 1984 and has been used for over 30 years to help apprehend and prosecute international criminals. In 2013, Congress passed a bipartisan expansion of this program to allow for the payment of up to $5 million to individuals who provide information that leads to the capture of ICC fugitives. Yet, an outdated provision of U.S. law hampers Americas ability to provide the full array of professional, logistical, and other resources to ICC cases. Presently, the U.S. can only provide limited, in-kind support to the ICC on a case-by-case basis. This results in the U.S. being unable to provide the ICC with the resources needed to bring to justice perpetrators of atrocities, including the most egregious abuses of international religious freedom. Essentially, this means that the hands of the U.S. government are tied when it comes to assisting in crucial efforts to prosecute atrocity crimes, including religious persecution. The language we are supporting, a proposed Atrocity Accountability Amendment (Amendment), would make a moderate, limited, and narrowly-tailored change to U.S. law that would allow the U.S. to provide to the ICC the same type of critical support that it provided to the Rwanda, former Yugoslavia, and other international tribunals. This change would ensure that Americas options in the fight against atrocities are not artificially restricted and would give the U.S. more tools in its toolbox to counter impunity, promote accountability, and contribute to justice and peacebuilding efforts. This change could, for instance, mean that the U.S. could offer finances for additional investigators, witness protection assistance, sophisticated law enforcement technologies, and expert scientists and other professionals to the ICCs current investigation of Boko Harams atrocities in Nigeria, religious persecution in the Central African Republic, and Joseph Kony and the Lords Resistance Army in Uganda and other areas - all cases which the United States has a principled and strategic interest in supporting, especially where national security concerns are implicated. The limitation existing under current law should be of serious concern to the United States because, in many cases, the ICC is the only mechanism available to hold individuals accountable for their commission of religiously-motivated atrocities. Indeed, in its 2015 and 2016 Annual Reports, the U.S. Commission on International Religious Freedom (USCIRF) recommended that the U.S. push for a UN Security Council Resolution that refers atrocities committed by the so-called Islamic State to the ICC. In recent congressional testimony before the Tom Lantos Human Rights Commission, the then-chair of USCIRF specifically recommended the change to U.S. law that the Amendment would make. Earlier this year, the House unanimously passed a resolution declaring the atrocities being committed against religious and ethnic minorities in Iraq and Syria to be genocide and crimes against humanity, and calling for prosecution of these crimes. Passing the Amendment is one of the most concrete and readily available ways in which the House can promote the accountability sought in its resolution, as the change it makes would allow the U.S. to more meaningfully support efforts to bring Islamic State perpetrators of atrocities to justice through the ICC. These efforts would apply not only to Iraq and Syria, but also to Islamic State atrocities in Libya, where the ICC currently has jurisdiction. On behalf of 93 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our deep concern about Federal Laws â„- 374-ФÐ-- and 375-ФÐ--, On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation to establish additional measures to counter terrorism and ensure public safety (the Federal Anti-Terrorism Law); and urge U.S. government leaders to engage the Russian government and urge its leaders to ensure the Federal Anti-Terrorism Law is not used against peaceful spiritual groups. The Federal Anti-Terrorism Law further restricts religious freedom. We are particularly concerned about the amendments that introduce an entire new section to the Religion Law, imposing strict limits on sharing beliefs, including where and who may share them, and increase extremism punishments. We are aware of the fact that Russia has to be vigilant in order to prevent extremism, violence and terrorism. But you must fully consider and understand the impact of these amendments on social cohesion and national security. The need to counter violent extremism is pressing, but cracking down on religious freedom is a dangerous and counterproductive response. This conclusion is increasingly bolstered by empirical research. An exhaustive study by academics from Harvard, Notre Dame and Georgetown found that religious communities are most likely to support democracy, peace and freedom for other faiths, and least likely to take up the gun or form dictatorships, when governments allow them freedom to worship, practice and express their faiths freely and when religious communities in turn renounce their claims to permanent offices or positions of policy-making authority. Dr. Brian Grim, a noted expert on society, the economy and religion, has found a strong correlation between government restrictions on religion and religiously-motivated violence. Further, the Federal Anti-Terrorism Law poses threats to the fundamental human rights and freedoms that are guaranteed by Russias Constitution and its international human rights obligations, including the International Covenant on Civil and Political Rights, the Organization for Security and Co-operation in Europe (OSCE) human dimension commitments, the European Convention on Human Rights, and the Vienna Convention on the Law of Treaties. When evaluated within these legal frameworks, the Federal Anti-Terrorism Law raises a number of serious problems. It restricts the dissemination of beliefs in public to registered groups and organizations, and bars even informal sharing of beliefs by individuals acting on their own behalf. Perhaps most concerning, it restricts the beliefs that can be shared, limits the places where sharing beliefs can happen and explicitly bans sharing beliefs in residential buildings, "except as provided for by Article 16, Part 2 of [the Religion Law]." Article 16, Part 2, states that worship services and other religious rites and ceremonies may be freely held in residential premises, as well as in premises owned or rented by religious organizations. It is therefore unclear what this part of the amendment will mean in practice. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstans international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision against Kazakhstan. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. 11.In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide the author with an effective remedy, including review of his conviction and review of the cancellation of his residence permit. The State party is also under an obligation to prevent similar violations in the future. 12.Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether or not there has been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory or subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy when a violation has been established, the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committees Views. The State party is also requested to publish the present Views, to have them translated into the official languages of the State party, and to have them widely disseminated. Finally, shared an International Religious Freedom Roundtable submission to the UN Human Rights Committee. Provided this submission to the UN Human Rights Committee in connection with its consideration of the second periodic report of Kazakhstan regarding its compliance with the ICCPR on 22 and 23 June 2016. It lays out our concerns related to Kazakhstan and Article 18 - freedom of religion-and our recommendations. The purpose of this submission was to summarize to date the IRF Roundtable engagement with the Kazakh government and interactions with the UN Special Rapporteur regarding religious freedom in Kazakhstan in light of the deteriorating situation, hopeful that a meaningful dialogue might be renewed-one that does not demonize the government or civil society. We believe this dialogue can be helpful in maintaining stability and peace in Kazakhstan while bringing the Religion Law and related articles of the Criminal and Administrative Codes closer to compliance with UN international standards articulated in the International Covenant on Civil and Political Rights (ICCPR).
Frank R. Wolf International Religious Freedom Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015; and in support of House passage. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result. On May 16, 2016, H.R. 1150 passed out of the House by voice vote. On behalf of 64 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of S. 2878, the Frank R. Wolf International Religious Freedom Act; and in support of a swift markup of either S. 2878 or H.R. 1150 in the Senate Foreign Relations Committee. We believe S. 2878 strengthens IRFA at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 77% of the worlds population live in countries with a high or very high overall level of restriction on religion in 2013, up from 76% in 2012 and 68% in 2007. The Frank R. Wolf International Religious Freedom Act would: Give the Administration and the State Department new political tools, strengthen the standing of the International Religious Freedom Office and the Ambassador-at-Large for International Religious Freedom by making clear that the Ambassador reports directly to the Secretary of State. Clarify the Ambassador-at-Larges role in distributing project grants to protect religious freedom globally. Create a Special Watch List and automatic downgrade to a Country of Particular Concern (CPC) for states on the list for three straight years. Clarify that CPC designations will occur annually. Require designation of non-state actors as Entities of Particular Concern. Direct the President to focus sanctions on individuals who carry out or order religious restrictions. Set a floor at 25 full-time employees in the International Religious Freedom Office. Require curriculum for training all Foreign Service Officers in the strategic value of international religious freedom. Prioritize IRF programming for groups that seek to strengthen investigations, reporting, and monitoring of religious freedom violations, including genocide. This legislation is the companion bill to the amended text of H.R. 1150, which passed out of the House by voice vote on May 16. The passage and implementation of S. 2878 will result in a strengthened IRFA, as well the integration of this foundational human right into U.S. foreign policy and national security strategies. In so doing, the United States will send a clear and urgent message regarding the inherent dignity of every human being, while advancing global security in the fight against persecution, religious extremism and terrorism. This legislation is consistent with the best of our values, and has the added benefit of practically protecting our national interests as well. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstans international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision against Kazakhstan. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. 11.In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide the author with an effective remedy, including review of his conviction and review of the cancellation of his residence permit. The State party is also under an obligation to prevent similar violations in the future. 12.Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether or not there has been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory or subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy when a violation has been established, the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committees Views. The State party is also requested to publish the present Views, to have them translated into the official languages of the State party, and to have them widely disseminated. Finally, shared an International Religious Freedom Roundtable submission to the UN Human Rights Committee. Provided this submission to the UN Human Rights Committee in connection with its consideration of the second periodic report of Kazakhstan regarding its compliance with the ICCPR on 22 and 23 June 2016. It lays out our concerns related to Kazakhstan and Article 18 - freedom of religion-and our recommendations. The purpose of this submission was to summarize to date the IRF Roundtable engagement with the Kazakh government and interactions with the UN Special Rapporteur regarding religious freedom in Kazakhstan in light of the deteriorating situation, hopeful that a meaningful dialogue might be renewed-one that does not demonize the government or civil society. We believe this dialogue can be helpful in maintaining stability and peace in Kazakhstan while bringing the Religion Law and related articles of the Criminal and Administrative Codes closer to compliance with UN international standards articulated in the International Covenant on Civil and Political Rights (ICCPR).
FOIA Improvement Act of 2016
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 14 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge congressional leaders to ensure final passage of Freedom of Information Act (FOIA) reform legislation in time to be signed into law on July 4, 2016, the 50th Anniversary of the original FOIA. This legislation is important because FOIA remains a powerful tool for the public and the press to obtain information about their government, create and preserve government accountability, promote transparency, and ensure the efficiency and effectiveness of government policies and actions. Yet, FOIA requesters are facing persistent problems. In June, the House Oversight and Government Reform Committee held two days of hearings that showed how federal agencies are not fulfilling their FOIA obligations in the way Congress intended. The Committee heard from witnesses who documented long delays and procedural hurdles they face when using FOIA. FOIA must be updated to keep up with changing technology, to overcome an increasingly persistent mindset within federal agencies that information belongs to the government rather than the people, and to ensure that information withheld based on the deliberative process exemption is made available to the public after 25 years. Faith-based, secular and human rights organizations that advocate on a variety of issues, such as international religious freedom, human rights, criminal justice reform and human trafficking, often use FOIA to monitor, evaluate and understand the executive decision-making processes that drive government policies and actions. This helps us exercise our global and national citizenships more responsibly as we perform our humanitarian work to contribute to the betterment of society. Both the House and Senate have now approved bipartisan FOIA Reform Bills which are similar but not identical. On January 11, 2016, the House passed H.R. 653, the FOIA Oversight and Implementation Act of 2016, or FOIA Act, by voice vote; and On March 15, 2016, the Senate passed S. 337, the FOIA Improvement Act of 2016, by Unanimous Consent. And on March16, 2016, this bill was received in the House and held at the desk. We hope the House and Senate will be able to work out the differences in these bills in the next few weeks. But if the differences cannot be ironed out in a timely fashion, we urge you to move forward and put S. 337 on the House floor for a vote on final passage, and then send it to the President for his signature on July 4. S. 337 will strengthen FOIA in a number of ways, including: It contains similar provisions to those passed by the House, including codification of the presumption of openness and prohibition of the withholding of records unless agencies can identify a foreseeable harm to one of the interests protected by FOIAs nine exemptions, or release of the documents is specifically prohibited by law. Importantly, the Senate Bill does not mandate the withholding of records that would adversely affect intelligence sources and methods. That language was included in the House Bill and could arguably lead to greater secrecy. The language is also unnecessary because intelligence sources and methods are already protected by FOIA Exemptions 1 and 3. The Senate Bill, like the House Bill, includes a time limit for how long agencies can withhold records that chronicle internal agency deliberations. Specifically, the bill prohibits agencies from withholding documents under the deliberative process privilege if they are more than 25 years old. This provision is an attempt to limit agencies reliance on Exemption 5, which has earned the nickname the withhold it because you want to exemption because it is so often misused to withhold records. The Senate Bill places an emphasis on technology by calling for the creation of a central online FOIA portal that would allow the public to request records from multiple agencies simultaneously, and bolstering requirements for agencies to proactively disclose records in electronic formats. Finally, the bill limits agencies ability to charge fees to FOIA requesters when they fail to fulfill the request within the statutes 20-day response deadline.
Expressing the sense of Congress that the atrocities perpetrated by ISIL against religious and ethnic minorities in Iraq and Syria include war crimes, crimes against humanity, and genocide.
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 112 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge support and the swift passage of S. 1798, the United States Commission on International Religious Freedom (USCIRF) Reauthorization Act of 2015. We believe S. 1798 strengthens USCIRFs mandate and the tools at its disposal, while providing a much-needed six-year authorization at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 77% of the worlds population live in countries with a high or very high overall level of restriction on religion in 2013, up from 76% in 2012 and 68% in 2007. This bill passed the House by voice vote on October 6, 2015, and was signed by the President on October 16. It became Public Law No: 114-071. On behalf of 145 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our grave concern for religious minorities, among them Yezidis, Christians and Shia Muslims, at the hands of the Islamic State; and to urge U.S. government leaders to formally declare the systematic destruction of these ancient communities a genocide. Mounting evidence indisputably shows the Islamic States ongoing genocidal campaign in the Middle East through its attempts to create a global caliphate devoid of religious freedom and diversity. For more than a year, the news headlines have been replete with stories of almost unimaginable human suffering caused by the Islamic State. Religious minorities in these lands, among them the ancient Christian, Yezidi and Shia Muslim communities, have suffered grave injustices: displacement, forced conversion, kidnapping, rape and death. Furthermore, the intent to commit genocide can be clearly seen in the Islamic States ideology, as outlined in its propaganda, which calls for the eradication or subjugation of those who do not conform to the groups ideology. In Iraq, this has manifested most blatantly in the insurgencys treatment of religious and ethnic minorities, members of whom have been killed, tortured, kidnapped, raped, enslaved, brainwashed, forcibly converted and/or driven from their ancient homelands. Under the Islamic State, religious minorities now face an existential crisis and live on the edge of extinction in the lands that many have inhabited since antiquity. These communities will continue on a trajectory of tragic and precipitous decline into eventual non-existence without swift moral leadership on behalf of the administration and the international community. It is our belief that officially declaring and subsequently halting this genocide and its spread is a matter of vital moral and strategic importance for the United States, the international community, and the overall state of religious freedom around the world. Perhaps equally as important, such a declaration will give a stronger voice to the long-suffering victims while furthering and sharpening ideological engagement against those currently at the forefront of this campaign. On behalf of 73 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H. Con. Res. 75, a resolution expressing the sense of Congress that those who commit or support atrocities against Christians and other ethnic and religious minorities, including Yezidis, Turkmen, Sabea-Mandeans, Kaka`e, and Kurds, and who target them specifically for ethnic or religious reasons, are committing, and are hereby declared to be committing, `war crimes', `crimes against humanity', and `genocide'. Since the emergence of the self-proclaimed Islamic State in Iraq and Syria, Christians and other religious minorities including Yezidis, Turkmen, Sabea-Mandeans, Kakae, Kurds, and Shia, have been targeted for extermination and forced to flee their homelands. The atrocities perpetrated against these vulnerable groups shock the conscience of civilized humanity. They have been systematically murdered and subjected to grievous bodily harm and psychological harm, including sexual slavery and abuse inflicted in a deliberate and calculated manner. ISIS is committing genocide against religious groups that do not conform to ISISs totalitarian definition of true Islam. The United States government and the global community must universally acknowledge the genocide that is taking place against religious minorities in Iraq and Syria. Without a swift and decisive response from the international community, the lives and ancient cultural heritage of these minorities could be eradicated from the Middle East completely. It is our belief that officially declaring and subsequently halting this genocide and its spread is a matter of vital moral and strategic importance for the United States, the international community, and the overall state of religious freedom around the world. Client was one of 27 organizations and individuals who signed a multi-faith letter, which was used in contacts to support an Atrocity Accountability Provision (Provision) during negotiations on the FY16 State and Foreign Operations Appropriations bill (section 7047(b) of S.1725, the Senate reported version of the FY16 State, Foreign Operations bill). The United States has long been a champion of accountability and justice for perpetrators of atrocity crimes, including in Nazi Germany, the former Yugoslavia, Rwanda, Sierra Leone, and Cambodia. The passage of this Provision will further solidify American leadership on the rule of law and human rights, and, of particular interest to us, will allow the U.S. to promote accountability and justice in conflict situations involving religious persecution. The International Criminal Court (ICC or Court) is the worlds only permanent international tribunal mandated to investigate and prosecute atrocity crimes. The ICCs governing statute specifically includes religious persecution as a punishable offense within the three core atrocity crimes that the Court prosecutes - genocide, crimes against humanity, and war crimes - and religious freedom abuses are implicated in six of the eight country situations currently before the Court. In light of the ICCs mandate to prosecute perpetrators of religious persecution, and as a result of the recognition that the Court serves to protect core religious values, including justice, bearing witness, redress, and protecting the vulnerable, many faith-based organizations from diverse cultural, social, and political backgrounds support the work and mission of the ICC. Moreover, the U.S. has been broadly supportive of all of the ICCs cases, as they are consistent with U.S. national interests. The Provision fills a gap in U.S. law that hampers Americas ability to provide the full array of professional, logistical, and similar resources to ICC cases. Current law permits the U.S. to provide only limited, in-kind support to the ICC on a case-by-case basis, provided such support is already paid for by another non-ICC related appropriation - which, unfortunately, is a rare occurrence. This means that the U.S. cannot appropriate new funds or allocate existing funds to finance American support of ICC cases, even when such support has been determined to be in the American interests. This results in the U.S. being unable to provide the ICC with particular expertise and resources needed to bring to justice perpetrators of atrocities, including the most egregious abuses of international religious freedom. This limitation should be of serious concern to the United States because, in many cases, the ICC is the only mechanism available to hold individuals accountable for their commission of religiously-motivated atrocities. Indeed, the U.S. Commission on International Religious Freedom recently recommended that the U.S. push for a United Nations Security Council Resolution that refers ISIS atrocities to the ICC. The Provision would fill this gap by enabling the U.S. to provide to the ICC the same type of critical support that it provided to the former Yugoslavia and Rwanda tribunals. On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to promote the idea of a public briefing event to engage leaders of the Kazakhstan government and discuss deep concerns about the 2011 Law on Religious Activity and Religious Associations in light of the recent Report of the United Nations Special Rapporteur on freedom of religion or belief on his Mission to Kazakhstan. Certain provisions of the 2011 Religion Law are inconsistent with both Kazakhstans Constitution and the International Covenant on Civil and Political Rights (ICCPR). The Special Rapporteur made several substantive, reasonable and fair recommendations to bring the Constitution and Kazakh law fully into line with Article 18 of the ICCPR and other relevant international human rights standards. The Kazakh government could be urged to make these changes to the law.
Frank R. Wolf International Religious Freedom Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 112 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge support and the swift passage of S. 1798, the United States Commission on International Religious Freedom (USCIRF) Reauthorization Act of 2015. We believe S. 1798 strengthens USCIRFs mandate and the tools at its disposal, while providing a much-needed six-year authorization at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 77% of the worlds population live in countries with a high or very high overall level of restriction on religion in 2013, up from 76% in 2012 and 68% in 2007. This bill passed the House by voice vote on October 6, 2015, and was signed by the President on October 16. It became Public Law No: 114-071. On behalf of 145 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our grave concern for religious minorities, among them Yezidis, Christians and Shia Muslims, at the hands of the Islamic State; and to urge U.S. government leaders to formally declare the systematic destruction of these ancient communities a genocide. Mounting evidence indisputably shows the Islamic States ongoing genocidal campaign in the Middle East through its attempts to create a global caliphate devoid of religious freedom and diversity. For more than a year, the news headlines have been replete with stories of almost unimaginable human suffering caused by the Islamic State. Religious minorities in these lands, among them the ancient Christian, Yezidi and Shia Muslim communities, have suffered grave injustices: displacement, forced conversion, kidnapping, rape and death. Furthermore, the intent to commit genocide can be clearly seen in the Islamic States ideology, as outlined in its propaganda, which calls for the eradication or subjugation of those who do not conform to the groups ideology. In Iraq, this has manifested most blatantly in the insurgencys treatment of religious and ethnic minorities, members of whom have been killed, tortured, kidnapped, raped, enslaved, brainwashed, forcibly converted and/or driven from their ancient homelands. Under the Islamic State, religious minorities now face an existential crisis and live on the edge of extinction in the lands that many have inhabited since antiquity. These communities will continue on a trajectory of tragic and precipitous decline into eventual non-existence without swift moral leadership on behalf of the administration and the international community. It is our belief that officially declaring and subsequently halting this genocide and its spread is a matter of vital moral and strategic importance for the United States, the international community, and the overall state of religious freedom around the world. Perhaps equally as important, such a declaration will give a stronger voice to the long-suffering victims while furthering and sharpening ideological engagement against those currently at the forefront of this campaign. On behalf of 73 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H. Con. Res. 75, a resolution expressing the sense of Congress that those who commit or support atrocities against Christians and other ethnic and religious minorities, including Yezidis, Turkmen, Sabea-Mandeans, Kaka`e, and Kurds, and who target them specifically for ethnic or religious reasons, are committing, and are hereby declared to be committing, `war crimes', `crimes against humanity', and `genocide'. Since the emergence of the self-proclaimed Islamic State in Iraq and Syria, Christians and other religious minorities including Yezidis, Turkmen, Sabea-Mandeans, Kakae, Kurds, and Shia, have been targeted for extermination and forced to flee their homelands. The atrocities perpetrated against these vulnerable groups shock the conscience of civilized humanity. They have been systematically murdered and subjected to grievous bodily harm and psychological harm, including sexual slavery and abuse inflicted in a deliberate and calculated manner. ISIS is committing genocide against religious groups that do not conform to ISISs totalitarian definition of true Islam. The United States government and the global community must universally acknowledge the genocide that is taking place against religious minorities in Iraq and Syria. Without a swift and decisive response from the international community, the lives and ancient cultural heritage of these minorities could be eradicated from the Middle East completely. It is our belief that officially declaring and subsequently halting this genocide and its spread is a matter of vital moral and strategic importance for the United States, the international community, and the overall state of religious freedom around the world. Client was one of 27 organizations and individuals who signed a multi-faith letter, which was used in contacts to support an Atrocity Accountability Provision (Provision) during negotiations on the FY16 State and Foreign Operations Appropriations bill (section 7047(b) of S.1725, the Senate reported version of the FY16 State, Foreign Operations bill). The United States has long been a champion of accountability and justice for perpetrators of atrocity crimes, including in Nazi Germany, the former Yugoslavia, Rwanda, Sierra Leone, and Cambodia. The passage of this Provision will further solidify American leadership on the rule of law and human rights, and, of particular interest to us, will allow the U.S. to promote accountability and justice in conflict situations involving religious persecution. The International Criminal Court (ICC or Court) is the worlds only permanent international tribunal mandated to investigate and prosecute atrocity crimes. The ICCs governing statute specifically includes religious persecution as a punishable offense within the three core atrocity crimes that the Court prosecutes - genocide, crimes against humanity, and war crimes - and religious freedom abuses are implicated in six of the eight country situations currently before the Court. In light of the ICCs mandate to prosecute perpetrators of religious persecution, and as a result of the recognition that the Court serves to protect core religious values, including justice, bearing witness, redress, and protecting the vulnerable, many faith-based organizations from diverse cultural, social, and political backgrounds support the work and mission of the ICC. Moreover, the U.S. has been broadly supportive of all of the ICCs cases, as they are consistent with U.S. national interests. The Provision fills a gap in U.S. law that hampers Americas ability to provide the full array of professional, logistical, and similar resources to ICC cases. Current law permits the U.S. to provide only limited, in-kind support to the ICC on a case-by-case basis, provided such support is already paid for by another non-ICC related appropriation - which, unfortunately, is a rare occurrence. This means that the U.S. cannot appropriate new funds or allocate existing funds to finance American support of ICC cases, even when such support has been determined to be in the American interests. This results in the U.S. being unable to provide the ICC with particular expertise and resources needed to bring to justice perpetrators of atrocities, including the most egregious abuses of international religious freedom. This limitation should be of serious concern to the United States because, in many cases, the ICC is the only mechanism available to hold individuals accountable for their commission of religiously-motivated atrocities. Indeed, the U.S. Commission on International Religious Freedom recently recommended that the U.S. push for a United Nations Security Council Resolution that refers ISIS atrocities to the ICC. The Provision would fill this gap by enabling the U.S. to provide to the ICC the same type of critical support that it provided to the former Yugoslavia and Rwanda tribunals. On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to promote the idea of a public briefing event to engage leaders of the Kazakhstan government and discuss deep concerns about the 2011 Law on Religious Activity and Religious Associations in light of the recent Report of the United Nations Special Rapporteur on freedom of religion or belief on his Mission to Kazakhstan. Certain provisions of the 2011 Religion Law are inconsistent with both Kazakhstans Constitution and the International Covenant on Civil and Political Rights (ICCPR). The Special Rapporteur made several substantive, reasonable and fair recommendations to bring the Constitution and Kazakh law fully into line with Article 18 of the ICCPR and other relevant international human rights standards. The Kazakh government could be urged to make these changes to the law.
Frank R. Wolf International Religious Freedom Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result. On behalf of 112 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge support and the swift passage of S. 1798, the United States Commission on International Religious Freedom (USCIRF) Reauthorization Act of 2015. We believe S. 1798 strengthens USCIRFs mandate and the tools at its disposal, while providing a much-needed six-year authorization at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 77% of the worlds population live in countries with a high or very high overall level of restriction on religion in 2013, up from 76% in 2012 and 68% in 2007. At the same time, made contacts against S. 1860, the Further Independence of Religion for Security and Tolerance Freedom Act of 2015. We believe S. 1798 is better suited to advance freedom of religion or belief. While S. 1860 includes significant refugee-related provisions that many of us support, some of these provisions are part of an ongoing debate which is unlikely to be resolved prior to the rapidly-approaching expiration of USCIRFs current authorization. As such, we believe consideration of such provisions should be delinked from the current reauthorization process. Additionally, many of the USCIRF-related provisions in S. 1860 are deeply concerning and could potentially undermine USCIRFs vital work. On behalf of 112 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge support and the swift passage of S. 2078, the United States Commission on International Religious Freedom (USCIRF) Reauthorization Act of 2015. S. 2078 reauthorizes the U.S. Commission on International Religious Freedom (USCIRF) through FY2019. S. 2078 passed the Senate without amendment by Unanimous Consent. On behalf of 34 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge support and the swift passage of H. Res. 290, which calls for the global repeal of blasphemy laws. These laws punish expression deemed blasphemous (contemptuous of God or sacred things), defamatory of religion, or insulting to religion or religious symbols, figures, or feelings. Not only do they threaten the individual right to the freedoms of religion and expression, they also violate international standards, including Article 18 of the International Declaration of Human Rights, which affirms that everyone has the right to freedom of thought, conscience, and religion. These bans also inappropriately position governments as arbiters of truth or religious rightness as they empower officials to enforce particular religious views against individuals and minorities. H. Res. 290 calls on the President and the State Department to prioritize the repeal of blasphemy laws. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the United States government to engage leaders of the Kazakhstan government and express deep concerns about the 2011 Law on Religious Activity and Religious Associations in light of the recent Report of the United Nations Special Rapporteur on freedom of religion or belief on his Mission to Kazakhstan. Certain provisions of the 2011 Religion Law are inconsistent with both Kazakhstans Constitution and the International Covenant on Civil and Political Rights (ICCPR). The Special Rapporteur made several substantive, reasonable and fair recommendations to bring the Constitution and Kazakh law fully into line with Article 18 of the ICCPR and other relevant international human rights standards. The U.S. government could urge the Kazakh government to make these changes to the law.
Frank R. Wolf International Religious Freedom Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result. On behalf of 81 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 2037, the United States Commission on International Religious Freedom Reauthorization Act of 2015. Religious freedom is a principle upon which our country was founded, and protecting it is essential to promoting a more just and free world and also a significant factor of our national security and related global interests. This bill is best suited to advance freedom of religion or belief by, among other provisions, maintaining USCIRFs independence and non-partisan staff, which we believe will protect the Commissions structure and mandate established by Congress in the International Religious Freedom Act (IRFA). The most effective way to ensure the continuity of USCIRFs essential mandate to protect religious freedom worldwide is to pass HR 2037 before the Commissions current authorization expires on September 30, 2015. On behalf of 54 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the bipartisan, bicameral congressional letter sent to the President requesting that he move swiftly to fill the vacant post of Special Envoy for Religious Minorities in the Middle East and South Central Asia. The news headlines have been dominated recently with stories of almost unimaginable human suffering at the hands of the Islamic State of Iraq and Syria (ISIS). Religious minorities in these lands, among them the ancient Christian and Yezidi communities, have suffered grave injustices: displacement, forced conversion, kidnapping, rape and death. The Islamic State's murderous reach has extended beyond Iraq and Syria. Last summer Congress passed, with broad bipartisan support, legislation to create a Special Envoy for Religious Minorities in the Middle East and South Central Asia. The breadth of support for the legislation underscores the urgency of the perils facing these communities. In the seven months since the legislation became law discrimination, repression and outright violence against religious minorities has only escalated. We respectfully requested that the President swiftly fill the position. Doing so would signal to beleaguered communities in the Middle East, and beyond, that America stands with them. On behalf of 27 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 624, the Global Magnitsky Human Rights countability Act. The passage of H.R. 624 will demonstrate Americas commitment to protecting human rights-including religious freedom-worldwide. It will also send a strong message to the worlds worst human rights violators. It is a powerful tool to sanction and publicly name foreign individuals who commit gross violations-including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention, or significant corruption-of internationally recognized human rights and freedoms in other countries. Religious freedom is written into the bill as the first example of a human right and freedom to be prioritized during implementation. The bill globalizes the Russia-specific Sergei Magnitsky Rule of Law Accountability Act of 2012 (H.R. 6156), part of what became Public Law 112-208, which passed the House 365-43 and the Senate 92-4. It requires and authorizes the President to: Impose sanctions in the form of visa bans or revocations, and U.S. property transaction freezes, on foreign persons who he/she determines have committed gross violations of internationally recognized human rights and/or significant corruption in foreign countries; Publicly report the names of the persons he/she has sanctioned, and the sanctions applied (if the President classifies the name of an individual, he/she must still publicly report the country of citizenship); Respond in writing to written requests from the Chair and Ranking Member of an appropriate Congressional committee about foreign perpetrators who meet the criteria for sanctioning, no later than 120 days after receiving such requests; and Consider credible information from other countries and nongovernmental organizations. On behalf of 16 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of legislation that will permanently extend the Special Immigrant Non-Minister portion of the Religious Worker Visa Program (RWVP). Unless Congress acts by September 30, 2015, the RWVP will expire, leaving religious denominations and organizations with no way to bring in, where necessary, permanent religious workers to staff their religious institutions and attend the urgent needs of the communities they serve. The Special Immigrant Non-Minister portion of the RWVP became law in 1990. Originally enacted with a sunset provision, it has enjoyed broad, bipartisan support in Congress and has been reauthorized seven times since then. Under this important program, a maximum of 5,000 visas each year are available for religious workers employed by a broad range of religious denominations and organizations. Religious communities throughout the United States that participate in the program have found these visas vital to carrying out their work. Some religious workers provide critical services in areas including religious education and care for vulnerable populations such as the elderly, immigrants, refugees, the homeless and hungry, abused and neglected children, and families at risk. Others work in areas as diverse as performing missionary work, designing and building temples, producing religious publications, sustaining prison ministries, and training health care professionals to provide religiously appropriate health care. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the United States government to engage leaders of the Kazakhstan government and express deep concerns about the 2011 Law on Religious Activity and Religious Associations in light of the recent Report of the United Nations Special Rapporteur on freedom of religion or belief on his Mission to Kazakhstan. Certain provisions of the 2011 Religion Law are inconsistent with both Kazakhstans Constitution and the International Covenant on Civil and Political Rights (ICCPR). The Special Rapporteur made several substantive, reasonable and fair recommendations to bring the Constitution and Kazakh law fully into line with Article 18 of the ICCPR and other relevant international human rights standards. The U.S. government could urge the Kazakh government to make these changes to the law. On behalf of 15 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the United States Government to call for the release of the Bahrain 13, and to support all Bahrainis rights to Freedom of Religion by pressing the Bahraini Government to investigate the allegations of degrading treatment of the Bahrain 13 and hold those responsible accountable for their actions. Called attention to the continued detention and mistreatment of the Bahrain 13, a group of the most prominent Bahraini leaders arrested for peacefully protesting the Bahrainis government violation of its citizens human rights and religious freedoms. The Bahrain 13 includes prominent peaceful activists, human rights defenders, religious and political leaders, many of whom are also religious clerics. The Bahrain 13 are representative of the systemic crisis of religious discrimination in Bahrain, particularly at Jaw Prison. Their religious identity proves to be a vulnerability in the eyes of Jaw Prison guards who use it to degrade and humiliate them. Prison guards have committed multiple acts of religious persecution against the Bahrain 13, including shaving the heads and beards of the Shia Clerics and disrupting certain aspects of Shia prayer rituals.
Frank R. Wolf International Religious Freedom Act
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
Made contacts to support the inclusion of this language in this year's House Budget resolution report: International Religious Freedom. The United States should promote freedom of religion or belief around the world, given the importance of religious freedom to human rights, economic development, stability, and democracy. The independent U.S. Commission on International Religious Freedom [USCIRF] has provided important oversight and recommendations in this regard, including redirecting and conditioning aid. It calls for budget justifications to take into account the findings and recommendations of USCIRF. Additionally, the Office of International Religious Freedom continues to serve as an important voice on these issues in the State Department and should be supported. Made contacts in support of legislative language that will establish a spending-neutral reserve fund relating to supporting religious freedom, including promotion of freedom of religion (including belief) around the world, given the importance of religious freedom to human rights, economic development, stability, and democracy. Made contacts in support of legislative language that will allow for refugee designation for people whose resettlement in the U.S. is justified by humanitarian concerns, which would cover religious minorities that are being persecuted in the occupied territories of Ukraine. The Lautenberg Amendment covers Ukrainian religious minorities (Ukrainian Catholic and Autocephalous churches). But under State Department rules, only first degree relatives in the U.S. can petition for family members (parents, kids, siblings, grandparents). This is very helpful, but not every persecuted person has first degree relatives in the U.S. Made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021.
United States Commission on International Religious Freedom Reauthorization Act of 2015
Client: CHURCH OF SCIENTOLOGY INTERNATIONAL · Firm: THE MITCHELL FIRM, INC.
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result. On behalf of 81 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 2037, the United States Commission on International Religious Freedom Reauthorization Act of 2015. Religious freedom is a principle upon which our country was founded, and protecting it is essential to promoting a more just and free world and also a significant factor of our national security and related global interests. This bill is best suited to advance freedom of religion or belief by, among other provisions, maintaining USCIRFs independence and non-partisan staff, which we believe will protect the Commissions structure and mandate established by Congress in the International Religious Freedom Act (IRFA). The most effective way to ensure the continuity of USCIRFs essential mandate to protect religious freedom worldwide is to pass HR 2037 before the Commissions current authorization expires on September 30, 2015. On behalf of 54 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the bipartisan, bicameral congressional letter sent to the President requesting that he move swiftly to fill the vacant post of Special Envoy for Religious Minorities in the Middle East and South Central Asia. The news headlines have been dominated recently with stories of almost unimaginable human suffering at the hands of the Islamic State of Iraq and Syria (ISIS). Religious minorities in these lands, among them the ancient Christian and Yezidi communities, have suffered grave injustices: displacement, forced conversion, kidnapping, rape and death. The Islamic State's murderous reach has extended beyond Iraq and Syria. Last summer Congress passed, with broad bipartisan support, legislation to create a Special Envoy for Religious Minorities in the Middle East and South Central Asia. The breadth of support for the legislation underscores the urgency of the perils facing these communities. In the seven months since the legislation became law discrimination, repression and outright violence against religious minorities has only escalated. We respectfully requested that the President swiftly fill the position. Doing so would signal to beleaguered communities in the Middle East, and beyond, that America stands with them. On behalf of 27 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 624, the Global Magnitsky Human Rights countability Act. The passage of H.R. 624 will demonstrate Americas commitment to protecting human rights-including religious freedom-worldwide. It will also send a strong message to the worlds worst human rights violators. It is a powerful tool to sanction and publicly name foreign individuals who commit gross violations-including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention, or significant corruption-of internationally recognized human rights and freedoms in other countries. Religious freedom is written into the bill as the first example of a human right and freedom to be prioritized during implementation. The bill globalizes the Russia-specific Sergei Magnitsky Rule of Law Accountability Act of 2012 (H.R. 6156), part of what became Public Law 112-208, which passed the House 365-43 and the Senate 92-4. It requires and authorizes the President to: Impose sanctions in the form of visa bans or revocations, and U.S. property transaction freezes, on foreign persons who he/she determines have committed gross violations of internationally recognized human rights and/or significant corruption in foreign countries; Publicly report the names of the persons he/she has sanctioned, and the sanctions applied (if the President classifies the name of an individual, he/she must still publicly report the country of citizenship); Respond in writing to written requests from the Chair and Ranking Member of an appropriate Congressional committee about foreign perpetrators who meet the criteria for sanctioning, no later than 120 days after receiving such requests; and Consider credible information from other countries and nongovernmental organizations. On behalf of 16 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of legislation that will permanently extend the Special Immigrant Non-Minister portion of the Religious Worker Visa Program (RWVP). Unless Congress acts by September 30, 2015, the RWVP will expire, leaving religious denominations and organizations with no way to bring in, where necessary, permanent religious workers to staff their religious institutions and attend the urgent needs of the communities they serve. The Special Immigrant Non-Minister portion of the RWVP became law in 1990. Originally enacted with a sunset provision, it has enjoyed broad, bipartisan support in Congress and has been reauthorized seven times since then. Under this important program, a maximum of 5,000 visas each year are available for religious workers employed by a broad range of religious denominations and organizations. Religious communities throughout the United States that participate in the program have found these visas vital to carrying out their work. Some religious workers provide critical services in areas including religious education and care for vulnerable populations such as the elderly, immigrants, refugees, the homeless and hungry, abused and neglected children, and families at risk. Others work in areas as diverse as performing missionary work, designing and building temples, producing religious publications, sustaining prison ministries, and training health care professionals to provide religiously appropriate health care. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the United States government to engage leaders of the Kazakhstan government and express deep concerns about the 2011 Law on Religious Activity and Religious Associations in light of the recent Report of the United Nations Special Rapporteur on freedom of religion or belief on his Mission to Kazakhstan. Certain provisions of the 2011 Religion Law are inconsistent with both Kazakhstans Constitution and the International Covenant on Civil and Political Rights (ICCPR). The Special Rapporteur made several substantive, reasonable and fair recommendations to bring the Constitution and Kazakh law fully into line with Article 18 of the ICCPR and other relevant international human rights standards. The U.S. government could urge the Kazakh government to make these changes to the law. On behalf of 15 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the United States Government to call for the release of the Bahrain 13, and to support all Bahrainis rights to Freedom of Religion by pressing the Bahraini Government to investigate the allegations of degrading treatment of the Bahrain 13 and hold those responsible accountable for their actions. Called attention to the continued detention and mistreatment of the Bahrain 13, a group of the most prominent Bahraini leaders arrested for peacefully protesting the Bahrainis government violation of its citizens human rights and religious freedoms. The Bahrain 13 includes prominent peaceful activists, human rights defenders, religious and political leaders, many of whom are also religious clerics. The Bahrain 13 are representative of the systemic crisis of religious discrimination in Bahrain, particularly at Jaw Prison. Their religious identity proves to be a vulnerability in the eyes of Jaw Prison guards who use it to degrade and humiliate them. Prison guards have committed multiple acts of religious persecution against the Bahrain 13, including shaving the heads and beards of the Shia Clerics and disrupting certain aspects of Shia prayer rituals.
Corrections and Recidivism Reduction Act of 2016
Client: GENERAL BOARD OF CHURCH AND SOCIETY OF THE UNITED METHODIST CHURCH · Firm: THE MITCHELL FIRM, INC.
Made contacts to promote the need for bipartisan compromise legislation that includes both thoughtful, targeted federal sentencing reforms and federal prison reforms. In search of bipartisan consensus, discussed: Specific provisions of S. 502, the Smarter Sentencing Act of 2015, a bill to focus limited Federal resources on the most serious offenders -- would amend Federal law to reduce mandatory minimum prison sentences for certain drug offenses; S. 467, the `Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System Act of 2015' or the `CORRECTIONS Act', a bill to reduce recidivism and increase public safety; and H.R. 759, the `Recidivism Risk Reduction Act', a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction.
Corrections and Recidivism Reduction Act of 2016
Client: MOSHE MARGARETEN · Firm: THE MITCHELL FIRM, INC.
Made contacts in support of H.R. 759, the Recidivism Risk Reduction Act, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. Made contacts in support of S. 467, the `Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System Act of 2015' or the `CORRECTIONS Act', a bill to reduce recidivism and increase public safety. States across the country have shown that it is possible to cut prison costs while better protecting the public by focusing corrections resources on those offenders who are most likely to commit future crimes and by expanding programs that have been proven to reduce recidivism. The CORRECTIONS Act is bipartisan legislation sponsored that works to implement many of these successful state reforms at the federal level. The bill: Requires all eligible offenders to undergo regular risk assessments to determine whether an offender has a low, medium, or high-risk of re-offending; Excludes all sex offenders, terrorism offenders, violent offenders, repeat offenders, major organized crime offenders, and major fraud offenders from earning credits under the program; Encourages participation in recidivism reduction programs and productive activities, like prison jobs; Contains no new authorized spending, and requires the Bureau of Prisons to partner with faith-based groups and non-profits; Allows earned time credits for low-risk prisoners of up to 10 days for every 30 days that the prisoner is successfully completing a reoffender reduction program or productive activity; Allows medium risk prisoners to earn a 5 day for 30 day time credit while successfully completing recidivism reduction programs and productive activities -- These offenders would only be able to use these credits if they demonstrate a substantial reduction in their probability of reoffending as a result of participation in programs; Does not allow high risk offenders to use any time credits unless they reduce their risk levels to a lower tier; Would allow certain low risk offenders who demonstrate exemplary behavior to spend the final portion of their earned credit time on community supervision.
Filing targets: State, Dept of (DOS)
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2026 · second_quarter · Q2
Made contacts regarding client's situation in Hungary. In 2016 and 2017, Hungarian authorities conducted raids on the Church in Budapest and seized tens of thousands of internal religious files, including confidential pastoral and priest-penitent records that are sacred to the practice of the religion. These seizures were carried out under the pretext of data protection violations, including alleged criminal abuse of data. After an eight-year criminal investigation, however, Hungarian authorities formally dismissed the case in September 2025, finding no wrongdoing. In January 2026, a Hungarian court authorized the government agency to dispose of the evidence, effectively permitting the destruction of these sacred religious materials, even though the files have been found to be compliant with European legal norms that are also valid in Hungary. Once destroyed, these materials cannot be replaced, and the harm to religious freedom will be permanent and irreversible. The Hungarian Supreme Court has refused to take up the Church's petition, leaving the order in force. The Data Protection Authority has denied the request of individual Scientologists for the return of their files and asserts that their religious freedom claims are not relevant, on the grounds that their rights are only indirectly affected. This reflects a profound disregard for religious freedom. The Hungarian government should stop the harassment and return the priest-penitent files.
Filing targets: State, Dept of (DOS)
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2026 · first_quarter · Q1
Made contacts regarding client's situation in Hungary. Shared a multi-faith letter that was signed by 43 organizations and individuals, which detailed the most troubling issues: 1. In 2016 and 2017, Hungarian authorities conducted raids on the Church in Budapest and seized tens of thousands of internal religious files, including confidential pastoral and priest-penitent records that are sacred to the practice of the religion. These seizures were carried out under the pretext of data protection violations, including alleged criminal abuse of data. After an eight-year criminal investigation, however, Hungarian authorities formally dismissed the case in September 2025, finding no wrongdoing. 2. In January 2026, a Hungarian court authorized the government agency to dispose of the evidence, effectively permitting the destruction of these sacred religious materials, even though the files have been found to be compliant with European legal norms that are also valid in Hungary. Once destroyed, these materials cannot be replaced, and the harm to religious freedom will be permanent and irreversible. The signers of the letter respectfully asked for engagement with the Hungarian government to ask for a halt to the destruction of the seized religious files, and for the return of those materials to their rightful owners.
Filing targets: State, Dept of (DOS), White House Office
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2022 · fourth_quarter · Q4
Made contacts to express concerns about the client's situation in Hungary. A recent request based on Freedom of Information Act (F.O.I.) revealed that the Hungarian State is funding the activities of an anti-Church hate group called Clarus Animus Foundation in Hungary. Through this F.O.I. request the Church found out that the Bethlen Gabor Fund Handler (a state-owned corporation that distributes state funds) donated over $70,000 to the anti-Church group over the last few years. This issue should be raised with the Hungarian government, which is a founding member of the International Religious Freedom or Belief Alliance. It should be unacceptable that members of the Alliance are taking officials actions against religious communities. On behalf of 19 organizations and individuals, including the client, made contact to express deep concerns about a situation in Japan. The Bill for the Prevention of Unfair Solicitation of Donations by Organizations, which was drafted by the government to regulate malicious donations, was being debated by the National Diet of Japan and we respectfully urged that this legislation be withdrawn or voted down by the Diet. At the very least, the provisions that would infringe upon freedom of religion or belief should be stripped out of the bill. The bill would violate the Constitution of Japan, which guarantees freedom of religion and requires the state to refrain from religious education or any other religious activity, and Article 18 of International Covenant on Civil and Political Rights (ICCPR), which Japan ratified in 1979. Article 18 protects freedom of thought, conscience, and religion. Further, the bill will violate Article 22, which protects against unreasonable limitations of rights and freedoms of associations to self-organize themselves and obtain the necessary resources for their operations, and Article 26, which protects against non-discrimination. This issue should be raised with the Japanese government. The legislation will negatively impact all faith communities and organizations in Japan and will leave a black mark on Japan and set a devastating precedent that other countries may follow.
Filing targets: State, Dept of (DOS)
IN OUR HANDS ACTION FUND via THE MITCHELL FIRM, INC.
2022 · fourth_quarter · Q4
Made contacts in support of HR 3355, the Save Americas Forgotten Equines Act of 2022 or the SAFE Act of 2022. This bill prohibits the transporting, receiving, possessing, purchasing, selling, or donation by a person of an equine (e.g., horse) that the person has reason to believe will be slaughtered for human consumption. Made contacts in support of S 2732, the John Stringer Rainey Save America's Forgotten Equines Act or the John Stringer Rainey SAFE Act. This bill prohibits the knowing sale or transport of horses for purposes of human consumption. Specifically, the bill makes it unlawful to knowingly possess, ship, transport, purchase, sell, deliver, or receive a horse for it to be slaughtered for human consumption. It also makes it unlawful to knowingly possess, ship, transport, purchase, sell, deliver, or receive horse flesh, carcass, or part of a carcass for it to be used for human consumption. Violators are subject to criminal penalties.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
IN OUR HANDS ACTION FUND via THE MITCHELL FIRM, INC.
2022 · third_quarter · Q3
Made contacts in support of HR 3355, the Save Americas Forgotten Equines Act of 2022 or the SAFE Act of 2022. This bill prohibits the transporting, receiving, possessing, purchasing, selling, or donation by a person of an equine (e.g., horse) that the person has reason to believe will be slaughtered for human consumption. Made contacts in support of S 2732, the John Stringer Rainey Save America's Forgotten Equines Act or the John Stringer Rainey SAFE Act. This bill prohibits the knowing sale or transport of horses for purposes of human consumption. Specifically, the bill makes it unlawful to knowingly possess, ship, transport, purchase, sell, deliver, or receive a horse for it to be slaughtered for human consumption. It also makes it unlawful to knowingly possess, ship, transport, purchase, sell, deliver, or receive horse flesh, carcass, or part of a carcass for it to be used for human consumption. Violators are subject to criminal penalties.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2022 · third_quarter · Q3
Made contacts in support of S 3895, the United States Commission on International Religious Freedom Reauthorization Act of 2022. This bill reauthorizes the U.S. Commission on International Religious Freedom through FY2024. This bill passed the Senate by Unanimous Consent on July 20, 2022; passed the House by a roll call vote of 402-4 on motion to suspend the rules and pass the bill; and was signed by the President on September 30, 2022. It became Public Law 117-181.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
IN OUR HANDS ACTION FUND via THE MITCHELL FIRM, INC.
2022 · third_quarter · RR
1. Lobbying for passage of HR 3355, Save Americas Forgotten Equines Act of 2022 or the SAFE Act of 2022. This bill prohibits the transporting, receiving, possessing, purchasing, selling, or donation by a person of an equine (e.g., horse) that the person has reason to believe will be slaughtered for human consumption. 2. Lobbying for passage of S 2732, John Stringer Rainey Save America's Forgotten Equines Act or the John Stringer Rainey SAFE Act. This bill prohibits the knowing sale or transport of horses for purposes of human consumption.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2022 · first_quarter · Q1
Made contacts to secure meetings for client to discuss its training program it is delivering in the U.S., which creates the need for nonimmigrant visas for its executives from the around the world to enter the U.S. on a temporary basis.
Filing targets: State, Dept of (DOS)
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2021 · fourth_quarter · Q4
On behalf of 106 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the immediate confirmation of Rashad Hussain as the new Ambassador-at-Large for International Religious Freedom. It is vitally important that this position be filled. For even as we speak, the cause of religious freedom finds itself in an increasingly precarious position, as we see restrictions on religion rising around the world. Mr. Rashad Hussain is impeccably qualified for the position of Ambassador-at-Large for International Religious Freedom. He has worked to promote religious freedom for people of all faiths for more than a decade, having served as U.S. Special Envoy to the Organization of Islamic Cooperation from 2010-2015 and U.S. Special Envoy for strategic counterterrorism communications from 2015-2017. He currently serves as the Director for Partnerships and Global Engagement at the U.S. National Security Council. The appointment of the new IRF Ambassador will reaffirm the importance of this fundamental human right and assure persecuted communities that America continues to stand for their freedoms. On behalf of 70 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express concerns about the fate of vulnerable religious minorities in Afghanistan, who face abuses at the hands of the Taliban and its affiliates solely because of their religious beliefs; and to urge the White House and the State Department to create an additional P-2 refugee status category for these Afghan religious minorities or to support Congressional efforts to enlarge the P-2 category on an emergency basis. In short, for many religious minorities their status as believers in a faith not approved by the Taliban is a death sentence. Reports of killings of religious minorities are increasing, and many are in hiding. Hundreds of Shia worshippers were killed or wounded in successive ISIS-K suicide bombings at mosques in Kunduz and in Kandahar on October 2 and October 15, 2021. The United States must act to protect these communities now. Unfortunately, religious minorities were not included when the State Department created a P-2 category for certain Afghan nationals who are at risk of harm on August 2, 2021. Eligibility for a P-2 visa allows individuals who are members of a group that the U.S. government has identified as of special humanitarian concern to apply directly to the US refugee admission program (USRAP), without first having to obtain a US Embassy or NGO referral or having to apply, be processed, and be referred by the UNHCR. Our request is supported by the U.S. Commission on International Religious Freedom recommendation that the U.S. State Department create a Priority 2 (P-2) category for vulnerable Afghan religious minorities. Similarly, Representative Jackie Speier (D-CA-14) introduced H.R. 4736 on July 28, 2021, with 45 co-sponsors, which would require the State Department to provide for priority refugee slots for Afghans at special risk of persecution, including those at risk due to their religion, race or nationalities. Other groups, including those representing humanists and atheists, have asked for P-2 visas for Afghan religious minorities. Made contacts to secure a meeting for client to discuss the Churchs current situation in Russia, where their religious freedom is being violated.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2021 · third_quarter · Q3
On behalf of dozens of organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the immediate confirmation of Rashad Hussain as the new Ambassador-at-Large for International Religious Freedom. It is vitally important that this position be filled. For even as we speak, the cause of religious freedom finds itself in an increasingly precarious position, as we see restrictions on religion rising around the world. Mr. Rashad Hussain is impeccably qualified for the position of Ambassador-at-Large for International Religious Freedom. He has worked to promote religious freedom for people of all faiths for more than a decade, having served as U.S. Special Envoy to the Organization of Islamic Cooperation from 2010-2015 and U.S. Special Envoy for strategic counterterrorism communications from 2015-2017. He currently serves as the Director for Partnerships and Global Engagement at the U.S. National Security Council. The appointment of the new IRF Ambassador will reaffirm the importance of this fundamental human right and assure persecuted communities that America continues to stand for their freedoms. On behalf of 86 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to request specific steps to assist non-governmental organizations in the evacuation and safeguarding of vulnerable religious minorities from Afghanistan, including Shia Muslims, Sikhs, Christians, Hindus, Bahais, Buddhists, Zoroastrians, and others. Immediate action is imperative to fulfill the pledge made in recent speeches that: human rights will be the center of our foreign policy, and the many pledges confirming the government's commitment to international religious freedom. We also believe that current Taliban actions warrant reimposition of US sanctions and freezing of funds and future assistance to a Taliban run Afghan government until they cease violating the rights of religious minorities. We collectively have assembled numerous reports of horrific mistreatment of religious minorities by Taliban militants now roaming freely throughout Afghanistan. Christians and others seeking refuge at Kabul Airport have been murdered, whipped, had their ID documents seized, and their cell phones destroyed. They are being identified via government records and hunted down in door-to-door searches. They are receiving officially stamped threat letters warning that they have been identified for arrest or worse. Property is being stolen. Women are being seized, raped (married in the eyes of Taliban thugs), or killed, and men are being summarily executed or tortured. Shia celebrating Ashura have seen their banners torn down, a harbinger of worse to come. The Organization for Islamic Cooperation has called on the Taliban to adhere to international governing norms enshrined in the UN Charter and resolutions and to follow tolerant Islamic principles and the Universal Declaration of Human Rights (UDHR), which includes the right to freedom of religion and belief. We also believe that the victory of the Taliban creates a world-wide threat to all religious groups that do not share its radical views-as well as a substantial threat to the national security of the United States and our allies. Taliban rule in Afghanistan will likely have swift negative consequences for our efforts to bring religious freedom, peace and stability to Syria, Iraq, Lebanon, Africa, and other flashpoints. US based NGOs and others are amassing funds and capabilities to evacuate religious minorities and women to safe havens even as your Administration and our allies are working to repatriate our citizens and those who worked directly for us. Various countries are committed to taking some of these evacuees and the US should do so as well.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2021 · second_quarter · Q2
Made contacts regarding prisoner of conscience Ivan Matsitsky in Russia. Ivan was originally arrested in 2016 on various charges relating to his management of a Church, "adopted" by a USCIRF Commissioner and added to the Lantos Commission on Human Rights list of prisoners of conscience in September 2018 as part of the Defending Freedoms Project, and released in November 2019. But he was rearrested in March 2021 and is back in "pretrial detention," as he was for 2.5 years before. Urged the U.S. government to raise his rearrest and persecution with the Russian government during the heads of state bilateral meeting.
Filing targets: State, Dept of (DOS)
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2021 · first_quarter · Q1
On behalf of 106 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the new administration to prioritize U.S. leadership in the area of international religious freedom. We asked that the administration affirm and strengthen the governmental structure created by the International Religious Freedom Act of 1998 (IRFA) and the Frank R. Wolf IRFA of 2016. We also asked that a qualified Ambassador-at-Large for International Religious Freedom be nominated. We respectfully recommended that key IRF Offices & Positions be Filled; Multilateral Engagement on Religious Freedom be advanced; religious freedom frameworks be fortified; and civil society action be empowered. On behalf of 31 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge U.S. government leaders to communicate with the French government to express deep concerns about a piece of legislation, Consolidating the Respect of the Principles of the Republic (the Bill), which was being considered in the French Parliament. In considering the purpose of the Bill, we all agree on the need to do everything in our power to undermine and combat all forms of violent extremism and terrorism. We are troubled, however, by several amendments that will increase restrictions on the right to freedom of thought, conscience and religion - in violation of the Principles of the Republic and the Organization for Security and Co-operation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR)- Venice Commission Guidelines on the Legal Personality of Religious or Belief Communities (the Guidelines). These provisions are problematic for several reasons but consider the two most glaring. First, they will violate basic principles of the French Republic - in the Bill that is meant to consolidate respect for such. We know France is committed to the protection and promotion of the fundamental rights of all people, including freedom of thought, conscience and religion. Second, freedom of thought, conscience and religion is an effective counter-terrorism weapon, key to French national security interests, as it pre-emptively undermines religious extremism. History and modern scholarship make it clear that where people are allowed to practice their faith freely, they are less likely to be alienated from the government, and more likely to be good citizens. We therefore urge tthe French government to honor the French principles and international commitments and ensure that the spirit of freedom in the Law of 1905 is preserved, and that freedom of thought, conscience, and religion is secured for all peaceful religious and belief communities that do not represent a terrorist threat and do not provoke hatred or violence. This will help to achieve the goals of the Bill.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2020 · fourth_quarter · Q4
On behalf of 150 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge members of Congress to co-sponsor the Uyghur Forced Labor Prevention Act, (H.R. 6210 or S. 3471), to ensure that American product supply chains are not funding the Chinese governments oppression of the Uyghurs and other Muslim groups in Xinjiang. Forced labor programs are a chilling component of the CCPs brutal campaign of repression of Xinjiangs Muslims religious freedoms. Chinas government is estimated to imprison over 1 million Muslims in reeducation camps where they face separation from their families, indoctrination, and torture. Unfortunately, the nightmare for many of these Muslims does not end at the walls of the camps. Chinese government officials coerce many former camp prisoners and local Muslim residents to work in government approved factories and other workplaces as part of their larger campaign to destroy their cultural identity and bring them under the complete control of the state. Congress should ensure that American dollars are not funding this oppression through the importation of products made by forced labor from the Xinjiang Region. The New York Times reported that the products made off the backs of these oppressed people are going into several global supply chains of products such as textiles and personal protective equipment that are going to consumers in the United States. On behalf of 91 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge U.S. government leaders to urge for the recognition of the achievements of U.S. Ambassador at Large for International Religious Freedom Sam Brownback by awarding him the Presidential Medal of Freedom. Ambassador Brownback richly deserves the Presidential Medal of Freedom, having spent his life in the service of others. Specific to religious liberty, Brownback had an extensive track record in Congress. During his sixteen years in the House and Senate, he was a leading advocate for international religious freedom. He was a key sponsor of the International Religious Freedom Act of 1998 (IRFA). With his help, the Senate passed the act unanimously. IRFA passed the House with similarly overwhelming bipartisan support and was signed into law by President Bill Clinton. IRFA established a legal mandate for the promotion of religious freedom as a key element of U.S. foreign policy. It also created Brownbacks current position in the State Departments Office of International Religious Freedom and established the U.S. Commission on International Religious Freedom. As Ambassador at Large for International Religious Freedom, Brownback has been remarkable. He has dramatically advanced the cause of religious freedom worldwide. In fact, he is working in partnership with civil society to stir actions, build a global movement around religious freedom, and get the various faiths to bind together and stand for each others freedom of religion or belief. We wholeheartedly believe that Ambassador Brownback is immensely deserving of this honorable and prestigious award. His thirty-four years of public service and willingness to always defend and fight for the least among us proves his worthiness of this award. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge U.S. government leaders to urge the Hungarian government to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2020 · third_quarter · Q3
On behalf of 150 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge members of Congress to co-sponsor the Uyghur Forced Labor Prevention Act, (H.R. 6210 or S. 3471), to ensure that American product supply chains are not funding the Chinese governments oppression of the Uyghurs and other Muslim groups in Xinjiang. Forced labor programs are a chilling component of the CCPs brutal campaign of repression of Xinjiangs Muslims religious freedoms. Chinas government is estimated to imprison over 1 million Muslims in reeducation camps where they face separation from their families, indoctrination, and torture. Unfortunately, the nightmare for many of these Muslims does not end at the walls of the camps. Chinese government officials coerce many former camp prisoners and local Muslim residents to work in government approved factories and other workplaces as part of their larger campaign to destroy their cultural identity and bring them under the complete control of the state. Congress should ensure that American dollars are not funding this oppression through the importation of products made by forced labor from the Xinjiang Region. The New York Times reported that the products made off the backs of these oppressed people are going into several global supply chains of products such as textiles and personal protective equipment that are going to consumers in the United States. On behalf of 91 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our deepest concerns about the urgent crisis in Hong Kong, which represents a clear and present danger to religious freedom and all other fundamental rights and freedoms. The President has rightly said that the Chinese Communist Party (CCP) is absolutely smothering freedom in Hong Kong and that such behavior will not go unpunished. We have nonetheless reached the day the communist regime actualizes this unacceptable crackdown with its formal adoption of a national security law that violates Chinas international treaty commitments and that will render this once-free territory just another enslaved Chinese city suffering savage oppression. We must not allow this to happen without imposing real and material costs on the CCP. Fortunately, the Defense Department has illuminated a way in which this can be swiftly accomplished-one that both conforms to longstanding U.S. statutory requirements and unmistakably demonstrates our resolve. On June 24, the Pentagon produced a list of twenty Communist Chinese military companies that are doing business, directly or indirectly, in this country. Pursuant to P.L. 105-261, Sec. 1237, the President is authorized by the International Emergency Economic Powers Act to penalize such Peoples Liberation Army-tied corporations. By swiftly shutting down their operations inside the United States and terminating their access to our capital markets, we can simultaneously advance our national security interests and deliver a strong response to the CCP suppression of Hong Kong. We urged this action as a much needed and very tangible demonstration of our nations solidarity with the people of Hong Kong and those elsewhere in China who are already being denied religious and other freedoms. On behalf of 60 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge emergency measures to ensure open and free access to the internet for those facing a resurgence of human rights abuses in China. The Chinese governments crackdown on the freedom of Hong Kongs people and its deadly COVID-19 misinformation campaigns pose an urgent threat to global human rights. The Chinese governments Great Firewall is actively censoring the free flow of information on the internet. The messages of brave protestors standing for freedom in Hong Kong cannot reach mainland Chinese citizens who are locked in a virtual prison of internet censorship. Now the CCP is openly flouting its international agreements and acting aggressively to remove the rights guaranteed to Hong Kong. The reach of Chinas internet oppression now threatens to extend to Hong Kong with the Court of Final Appeals rulings and the new Chinese draft national security law. Chinas persecution of religious groups and the ensuing cover up both rely on its strict internet censorship, whether the targeted group is Falun Gong, Christians, Uyghurs, or Tibetans. Without quick, decisive action to tear down the censorship wall, these same violations will likely dismantle the religious freedom Hong Kong has long possessed. Despite the Chinese governments efforts, several existing firewall circumvention tools have already provided hundreds of thousands of users with uncensored internet access. We asked for funds to be designated for firewall circumvention tools such as Ultrasurf, Lantern, and Freegate that are already on the GSA schedule and so can quickly receive emergency funding. In this way many more people can get accurate information. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge U.S. government leaders to urge the Hungarian government to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2020 · second_quarter · Q2
On behalf of 91 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our deepest concerns about the urgent crisis in Hong Kong, which represents a clear and present danger to religious freedom and all other fundamental rights and freedoms. The President has rightly said that the Chinese Communist Party (CCP) is absolutely smothering freedom in Hong Kong and that such behavior will not go unpunished. We have nonetheless reached the day the communist regime actualizes this unacceptable crackdown with its formal adoption of a national security law that violates Chinas international treaty commitments and that will render this once-free territory just another enslaved Chinese city suffering savage oppression. We must not allow this to happen without imposing real and material costs on the CCP. Fortunately, the Defense Department has illuminated a way in which this can be swiftly accomplished-one that both conforms to longstanding U.S. statutory requirements and unmistakably demonstrates our resolve. On June 24, the Pentagon produced a list of twenty Communist Chinese military companies that are doing business, directly or indirectly, in this country. Pursuant to P.L. 105-261, Sec. 1237, the President is authorized by the International Emergency Economic Powers Act to penalize such Peoples Liberation Army-tied corporations. By swiftly shutting down their operations inside the United States and terminating their access to our capital markets, we can simultaneously advance our national security interests and deliver a strong response to the CCP suppression of Hong Kong. We urged this action as a much needed and very tangible demonstration of our nations solidarity with the people of Hong Kong and those elsewhere in China who are already being denied religious and other freedoms. On behalf of 60 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge emergency measures to ensure open and free access to the internet for those facing a resurgence of human rights abuses in China. The Chinese governments crackdown on the freedom of Hong Kongs people and its deadly COVID-19 misinformation campaigns pose an urgent threat to global human rights. The Chinese governments Great Firewall is actively censoring the free flow of information on the internet. The messages of brave protestors standing for freedom in Hong Kong cannot reach mainland Chinese citizens who are locked in a virtual prison of internet censorship. Now the CCP is openly flouting its international agreements and acting aggressively to remove the rights guaranteed to Hong Kong. The reach of Chinas internet oppression now threatens to extend to Hong Kong with the Court of Final Appeals rulings and the new Chinese draft national security law. Chinas persecution of religious groups and the ensuing cover up both rely on its strict internet censorship, whether the targeted group is Falun Gong, Christians, Uyghurs, or Tibetans. Without quick, decisive action to tear down the censorship wall, these same violations will likely dismantle the religious freedom Hong Kong has long possessed. Despite the Chinese governments efforts, several existing firewall circumvention tools have already provided hundreds of thousands of users with uncensored internet access. We asked for funds to be designated for firewall circumvention tools such as Ultrasurf, Lantern, and Freegate that are already on the GSA schedule and so can quickly receive emergency funding. In this way many more people can get accurate information.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2020 · first_quarter · Q1
On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage the Kazakh President and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2019 · fourth_quarter · Q4
On behalf of 106 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the reauthorization of the United States Commission on International Religious Freedom (USCIRF). In the spirit of unity and as a concert of voices committed to advancing religious freedom around the world, we praise the Commissions vital role in supporting those who suffer for their beliefs, conscience, or religion. Since its founding, the Commission has produced robust reporting products, advocated for prisoners of conscience, and created various resources, such as prisoner lists, that continue to provide essential tools to civil society. This information is then used to advance the fundamental human right of religious freedom, which is a foreign policy priority of the United States as defined by Congress in the IRF Act of 1998. As a community of religious and nonreligious organizations, we celebrate the rich history of this Commission and their unwavering commitment to their mandate. This mandate in its current form is clearly defined in the IRF Act of 1998 and it empowers USCIRF to function effectively and in a clearly defined capacity to advance religious freedom around the world. Accomplishing this mandate is a critical component for the United States Foreign Policy apparatus as it advances US values and interest in the ever changing global and geopolitical context. On behalf of 64 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the imposition of a no-fly zone and​ actions to stop Turkeys invasion​ of the Self-Administration of Northeastern Syria (SANES). Its people are Christians, Kurds, Yazidis, Arab Muslims, and other minorities. Kurds are a​minority of the SANES population, although leaders on the battlefront. The proposed invasion zone includes key historic Syriac Christian towns and churches, all Kurdish majority towns, most of the SANES population, and key administrative and education centers. Letting Turkey invade sounds the death knell to the hopes of Christians, Yazidis, Kurds, and other minorities for religious freedom and equal rights in both Syria and in Iraq. It gravely undercuts the trust they placed in the United States. It undercuts our own trust that the U.S. is truly committed to international religious freedom and the survival of religious minorities in the Middle East. On behalf of the 42 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the engagement of the Honorable Prime Minister of India, Mr. Narendra Modi, to lift the six-week-long severe restrictions on the ordinary lives of the 7 million citizens of Kashmir, restore their freedom, and ensure the rule of law is in place. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage the Kazakh President and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2019 · third_quarter · Q3
On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 43 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our serious concerns over the human rights violations and religious freedom abuses in The Peoples Republic of China. As the U.S. government seeks to counter China economically and militarily, we urge leaders to counter China morally as well, making these concerns a top priority in trade negotiations and ensuring that international religious liberty remains a top foreign policy priority with respect to China. For decades, the Communist Party of China has routinely violated the basic human rights of millions in their country by strictly controlling how many children a family can legally have, using extreme forms of technological surveillance to monitor their citizens, and seeking to control the speech of their citizens and snuff out the free exercise of religion. In the annual global human rights report, the State Department referred to Chinas re-education camps for Uyghur Muslims as some of the worst human rights violations since the 1930s, and U.S. Secretary of State Mike Pompeo stated that China was in a league of its own when it comes to human rights violations. The broad efforts to sinicize all religious practice in China, from Islam to Christianity to Buddhism to Falun Gong, is directly inconsistent with international human rights and religious freedom norms, standards, and law. If unchallenged, these norms and standards will be eroded, threatening the lives and freedoms of millions more around the world who are subject to autocratic regimes. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage the Kazakh President and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. On behalf of 23 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge swift action to take up two bills addressing the human-rights crisis in the Uyghur Region of China: the Uyghur Human Rights Policy Act of 2019 (H.R. 649 and S. 178), and the Uighur Intervention and Global Humanitarian Unified Response Act of 2019 H.R. 1025). Reports have now confirmed large-scale, highly secretive prisoner-transport to remote parts of the country. Many thousands of children are now experiencing their third year of separation from their parents through forced placement in state orphanage institutions. Reports of deaths in detention are increasing, despite the extreme secrecy preventing information from reaching the outside world. The State Departments December 4 Senate testimony provided an estimate of between 800,000 and possibly over two million Uyghurs and other Turkic Muslim communities detained in extralegal prison-camps for secret indefinite detention, where they are forced to denounce their religion and identity. They are subject to inhuman torture, withholding of medical care, food and water deprivation, humiliation and ill-treatment, as well as forced labor. The long arm of the Chinese governments repression also reaches Uyghurs living abroad, who are being pressured to return home, to remain silent about the human-rights crisis, or even to spy, through threats to their families. Six reporters working for the Congressionally supported Radio Free Asia Uyghur Service have suffered cruel reprisals as a result of their work, with more than 30 of their relatives detained or disappeared. This demonstrates the lengths the Chinese government is willing to go to silence Uyghurs, and is a direct challenge to the rights and well-being of U.S. citizens. U.S. leadership on the crisis, as it enters its third year, will pave the way for other governments and the United Nations to call the Chinese government to account and impose genuine consequences for Chinas trampling of international norms on a shocking scale. Many governments remain intimidated by Chinese threats of retaliation and reprisals. It is up to the U.S., the champion of liberal values and the country that did the most to lead the world out of the ashes of World War Two, to lead the way once again.
ROBERT BROWN via THE MITCHELL FIRM, INC.
2019 · third_quarter · Q3
Made contacts regarding S. 386 and H.R. 1044, Fairness for High-Skilled Immigrants Act of 2019. That now is not the right time to pass this bill considering a more comprehensive immigration reform bill is being developed. We need more time to study this specific issue and consider how this bill fits into the broader context and other planned reforms; and to ensure it's fair to both American workers and those who are working here on high-skilled work visas.
Filing targets: Executive Office of the President (EOP), SENATE
ROBERT BROWN via THE MITCHELL FIRM, INC.
2019 · third_quarter · RR
S. 386 and H.R. 1044, Fairness for High-Skilled Immigrants Act of 2019
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2019 · second_quarter · Q2
On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 43 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our serious concerns over the human rights violations and religious freedom abuses in The Peoples Republic of China. As the U.S. government seeks to counter China economically and militarily, we urge leaders to counter China morally as well, making these concerns a top priority in trade negotiations and ensuring that international religious liberty remains a top foreign policy priority with respect to China. For decades, the Communist Party of China has routinely violated the basic human rights of millions in their country by strictly controlling how many children a family can legally have, using extreme forms of technological surveillance to monitor their citizens, and seeking to control the speech of their citizens and snuff out the free exercise of religion. In the annual global human rights report, the State Department referred to Chinas re-education camps for Uyghur Muslims as some of the worst human rights violations since the 1930s, and U.S. Secretary of State Mike Pompeo stated that China was in a league of its own when it comes to human rights violations. The broad efforts to sinicize all religious practice in China, from Islam to Christianity to Buddhism to Falun Gong, is directly inconsistent with international human rights and religious freedom norms, standards, and law. If unchallenged, these norms and standards will be eroded, threatening the lives and freedoms of millions more around the world who are subject to autocratic regimes. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage the Kazakh President and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. On behalf of 23 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge swift action to take up two bills addressing the human-rights crisis in the Uyghur Region of China: the Uyghur Human Rights Policy Act of 2019 (H.R. 649 and S. 178), and the Uighur Intervention and Global Humanitarian Unified Response Act of 2019 H.R. 1025). Reports have now confirmed large-scale, highly secretive prisoner-transport to remote parts of the country. Many thousands of children are now experiencing their third year of separation from their parents through forced placement in state orphanage institutions. Reports of deaths in detention are increasing, despite the extreme secrecy preventing information from reaching the outside world. The State Departments December 4 Senate testimony provided an estimate of between 800,000 and possibly over two million Uyghurs and other Turkic Muslim communities detained in extralegal prison-camps for secret indefinite detention, where they are forced to denounce their religion and identity. They are subject to inhuman torture, withholding of medical care, food and water deprivation, humiliation and ill-treatment, as well as forced labor. The long arm of the Chinese governments repression also reaches Uyghurs living abroad, who are being pressured to return home, to remain silent about the human-rights crisis, or even to spy, through threats to their families. Six reporters working for the Congressionally supported Radio Free Asia Uyghur Service have suffered cruel reprisals as a result of their work, with more than 30 of their relatives detained or disappeared. This demonstrates the lengths the Chinese government is willing to go to silence Uyghurs, and is a direct challenge to the rights and well-being of U.S. citizens. U.S. leadership on the crisis, as it enters its third year, will pave the way for other governments and the United Nations to call the Chinese government to account and impose genuine consequences for Chinas trampling of international norms on a shocking scale. Many governments remain intimidated by Chinese threats of retaliation and reprisals. It is up to the U.S., the champion of liberal values and the country that did the most to lead the world out of the ashes of World War Two, to lead the way once again.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2019 · second_quarter · Q2
Made contacts in support of amending Section 231(g) of the Second Chance Act of 2007 or 34 U.S.C. 60541(g), Elderly and family reunification for certain nonviolent offenders pilot program." Congress should amend the language of the original statute to bring the Elderly and family reunification for certain nonviolent offenders pilot program transfer eligibility decisions into line with the way BOP determines all other transfer eligibility decisions. The statute should allow for the calculation of good conduct time credits when determining an elderly offenders (who has been determined by BOP to be at no substantial risk of engaging in criminal conduct or of endangering any person or the public) eligibility for transfer into home detention.
Filing targets: HOUSE OF REPRESENTATIVES
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2019 · first_quarter · Q1
Client was one of 73 organizations and individuals who signed a multi-faith letter threats to religious minorities in Syria related to the announced plan to withdraw U.S. troops from Northeastern Syria (the Democratic Self-Administration, or DSA) and replace them with Turkish forces. The letter asked U.S. government leaders to ensure that plans for a U.S. troop withdrawal ensure that its residents, including Christians, Yazidis, Kurds, Arabs and other minorities, are protected from threatened Turkish aggression-genocide and ethnic cleansing. The letter asks that alternative security arrangements be in place before U.S. troops are withdrawn as requested by the Syrian Democratic Forces (SDF) and civilian leaders, such as substituting Global Coalition allies or regional allies, and creating a no-fly zone over the area. It also asks that the U.S. government ensure that DSA representatives have a seat at the table in peace talks and can retain their democratic pluralistic governmental system in post-war Syria. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution.
PUBLIC SAFETY & SECURITY ROUNDTABLE via THE MITCHELL FIRM, INC.
2019 · first_quarter · 1T
Made contacts to urge detailed reporting on all communities suffering persecution in China. From Beijing to Tibet, the Chinese Communist Party (CCP) is engaging in a violent crackdown on religion. The CCP is executing a well-documented campaign of oppression targeting Uyghurs and other ethnic minorities under the guise of combating terrorism. The CCP has instituted pervasive surveillance measures in the Uyghur Region-collecting DNA and biometric information, restricting religious observance, and instituting the forced detention of an estimated 800,000 to 2 million Uyghurs and other ethnic minorities in so-called re-education camps. In the meantime, the persecution of other religious communities, including Falun Gong, The Church of Almighty God and other Christian communities, escalated significantly in East Turkestan. The crimes associated with this campaign include unlawful detentions, enforced disappearances, torture, extrajudicial killings, religious persecution, forced labor, and sexual assaults. The situation in China provides the U.S. government with an opportunity to stand for persons of all faiths suffering persecution in China. We are now looking into a variety of policy measures to hold China accountable, including using Global Magnitsky sanctions to hold the violators of religious freedom in China accountable.
THE HAMPTONS CENTER FOR REHABILITATION AND NURSING via THE MITCHELL FIRM, INC.
2019 · first_quarter · Q1
Made contacts seeking advice and guidance on a situation that is preventing nurses who have been hired in the Philippines from getting visas to travel to the U.S. and work in certain nursing homes, including client nursing home, in New York. Owner of the nursing home is interested in working with the U.S. Embassy in the Philippines to resolve any issues that require clarification or appropriate action on his part.
Filing targets: State, Dept of (DOS)
THE HAMPTONS CENTER FOR REHABILITATION AND NURSING via THE MITCHELL FIRM, INC.
2019 · first_quarter · RR
To secure a meeting with the U.S. Embassy in the Philippines to discuss problems nurses that have been hired in the Philippines are having getting visas to travel to the U.S. and work in nursing homes.
PUBLIC SAFETY & SECURITY ROUNDTABLE via THE MITCHELL FIRM, INC.
2018 · fourth_quarter · Q4
Made contacts to urge increased reporting on all communities suffering persecution in China. From Beijing to Tibet, the Chinese Communist Party (CCP) is engaging in a violent crackdown on religion. The CCP is executing a well-documented campaign of oppression targeting Uyghurs and other ethnic minorities under the guise of combating terrorism. The CCP has instituted pervasive surveillance measures in the Uyghur Region-collecting DNA and biometric information, restricting religious observance, and instituting the forced detention of an estimated 800,000 to 2 million Uyghurs and other ethnic minorities in so-called re-education camps. In the meantime, the persecution of other religious communities, including Falun Gong, The Church of Almighty God and other Christian communities, escalated significantly in East Turkestan. The crimes associated with this campaign include unlawful detentions, enforced disappearances, torture, extrajudicial killings, religious persecution, forced labor, and sexual assaults. The situation in China provides the U.S. government with an opportunity to stand for persons of all faiths suffering persecution in China. We are now looking into a variety of policy measures to hold China accountable, including using Global Magnitsky sanctions to hold the violators of religious freedom in China accountable.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2018 · fourth_quarter · Q4
On behalf of 47 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to recommend with the utmost enthusiasm and urgency the prompt confirmation of Professor Robert A. Destro as Assistant Secretary of State for Democracy, Human Rights and Labor. We continue to face a world where broad human rights violations occur every day and where 83% of the world lives in places with high or very high levels of restrictions on the freedoms that religious minority groups take for granted here in the United States. The U.S. has a proud bipartisan tradition of standing for human rights and religious freedom. To do this effectively the State Department needs to be fully staffed with individuals who will press the human rights concerns at the center of our foreign policy. Congress has routinely passed laws that focus and support U.S. government efforts in this area. As participants of the International Religious Freedom Roundtable, we are particularly interested in the Frank Wolf Act, which places religious freedom as a high priority for protecting individuals of any or no faith. The first version of this Act established the International Religious Freedom [IRF] Office at the Department of State. Like the DRL, the important work of the IRF office has been built on a strong tradition of bipartisan collaboration and a shared vision of the inherent dignity of each person. While that office is ably led by Ambassador Sam Brownback, it also resides in the Bureau of Democracy, Human Rights and Labor. Without a confirmed Assistant Secretary to complete the chain of command and complement the excellent work of Ambassador Brownback to date, neither IRF nor DRL will be able to reach their full potential. Confirming the nominee for the office, Robert (Bob) Destro, would connect the religious freedom agenda with the broader human rights agenda in ways that were not possible before the passage of the Frank Wolf Act. DRL and IRF share a common Congressional mandate. On behalf of 41 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to ask for the mark-up of H. RES. 673, Expressing concern over attacks on Coptic Christians in Egypt, and bring it to a full floor vote. This resolution, which Rep. Ros-Lehtinen supported as an original cosponsor, now has the strong bi-partisan backing of 47 Members of Congress, many of whom are members of the MENA subcommittee. During the Foreign Affairs Hearing, Egypt: Security, Human Rights, and Reform, which Rep. Ros - Lehtinen chaired on July 24, the expert witnesses presented compelling evidence of the decimation of civil society and increased persecution of religious minorities in Egypt, particularly the Copts. Copts are under attack in numerous ways; from the institutional and daily systematic discrimination to the intermittent terrorization such as church bombings that cause large casualties. This entrenched system of persecution is no less heinous in breaking Copts down into a state of submission and hopelessness. The US is now engaging Egypt in the fight against Islamist terrorism and stands to exercise its weight and moral values to promote equality, civil society, and religious freedom for all Egyptians. Egypts stability is vital, but Copts and civil society should not be the victims - or collateral damage - that pay the ultimate price in the war on terrorism. The recent Ministerial in support of international religious freedom has affirmed that international religious freedom has become an integral part of the US foreign policy. It is imperative to pass H. Res. 673 since it will send Egypt a message that this is not mere empty rhetoric. In this increasingly authoritarian environment in which minorities suffer, passing H. RES. 673 before the end of this session of Congress will send an important message to the Egyptian government that the Congress cares about the state of human rights and religious freedom in Egypt, and is willing to address it. On behalf of 34 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to recommend Syria policy as a key post-Ministerial initiative with the proactive goal of securing religious freedom, and related civil and political rights, for all Syrian citizens. Religious freedom in its fullest sense-equal rights for all regardless of faith or ethnicity-is the sole foundation for real democracy, peace, reconciliation, and stability in Syria. It is essential to attract millions of Syrian refugees to return home and stabilize minority populations, including Christians, who have called this area home for over 5,000 years. It can give some solace to those who suffered unspeakable atrocities, based on religious totalitarianism. On behalf of 74 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Nigeria; and to urge U.S. government leaders to appoint a Special Coordinator for Nigeria and the Lake Chad Region. Nigeria, and indeed the region, face severe challenges. Nigeria is the largest country in Africa of 195 million people. What takes place in Nigeria does not stay in Nigeria, but rather impacts the surrounding countries as was seen in the tragic ambush of American soldiers in Niger. We believe that significant action is needed to confront these challenges or countries in the region could fracture, causing an extreme humanitarian crisis, immigration pressures on European allies and America, as well as security threats to our national interests in the region. We are very concerned about the violence that in some cases is motivated by religion or in other cases falls on ethno-religious fault lines. We are also concerned about the treatment of some Shia groups by the military. We think the United States Commission on International Religious Freedoms call to name Nigeria as a Country of Particular Concern is correct. Of the top 25 most populous countries in the world, Nigeria had the highest level of social hostilities regarding religion according to Pews report last year. This year they are number two on the list. We hope the appointment of a well-respected and qualified person could then coordinate with Secretary of State Pompeo, Secretary of Defense General Mattis, International Religious Freedom Ambassador Brownback (whose energy, focus, and indeed trip to Nigeria have been excellent), UN Ambassador Nikki Haley, USAID Administrator Mark Green, Ambassador Bolton with the NSC, the various intelligence agencies, and excellent diplomats and Foreign Service Officers working in the relevant embassies. We would encourage such a position to make policy recommendations to the various agencies and team that has been assembled. We also hope that they would build key relationships with key officials and personnel in the regional governments already working on these issues. On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Russia; and to urge U.S. government leaders to raise this issue in public statements and bilateral discussions, and leverage the growing network of foreign institutions that are eager to partner with the United States to advance international religious freedom. This fundamental right is in serious peril as the Russian government continues to foster an atmosphere of intolerance, discrimination and persecution against religious minorities throughout the entire country. The 2002 Extremism Law laid the foundation for an alarming trend in repressions against civil society and non-traditional minority religions. The law was initially passed to combat terrorism after 9/11 but it provides no clear definition for the term extremism, thus rendering virtually any group or individual vulnerable to political and legal harassment. In fact, it has been frequently misused to target a vast multitude of peaceful and law-abiding civil society organizations and individuals; to censor religious materials, arrest and detain believers for reading or disseminating Scriptures, refuse to register religious groups, harass and prosecute religious groups that are refused registration, and liquidate and close down places of worship for targeted religious faiths. Such oppressive measures have no place in a democratic society. Most recently, the Scientology religion, its parishioners and its religious and social organizations have become a primary target of this Russian national campaign of religious repression. The campaign has been chillingly wide-ranging. Russias Supreme Court has declared Jehovahs Witnesses, a Christian denomination that rejects violence, as extremist, confirming an order by the Justice Ministry that the group be liquidated and thereby banning them from operating on Russian territory. Further, Muslims, Evangelicals, Lutherans, Baptists, Pentecostals, Methodists, Presbyterians, Hindus, Buddhists and others have been targeted. In spite of the principles of non-discrimination and equal treatment at the heart of the UN Bill of Rights, the Russian Government is systematically using the Extremism Law to: 1) seize and censor peaceful religious scriptures read without incident the world over; 2) arrest and detain members of minority faiths for reading and disseminating these religious materials; and 3) initiate proceedings to liquidate and shut down religious organizations in order to disrupt and suppress their right to conduct religious activities in contravention of the fundamental human right to religious freedom. This misuse of the Extremism Law against religions has been widely criticized by the UN Human Rights Committee (28 April 2015), the Parliamentary Assembly Monitoring Committee of the Council of Europe (14 September 2012), and the Venice Commission (1 June 2012), which found the law and its use against religions violated human rights and called on Russia to correct the law. Over fifty cases regarding Russias misuse of the Extremism Law against religions have been filed by numerous religious groups before the European Court of Human Rights. Also made contacts to urge U.S. government leaders to raise the State Department's deep concerns about the growing number of individuals-now more than 150-identified by credible human rights organizations as political and religious prisoners held by the Government of the Russian Federation; about the welfare of four Ukrainians unjustly imprisoned who are currently on hunger strike-Oleh Sentsov, Stanislav Klykh, Oleksandr Shumkov, and Volodymyr Balukh; about the case of Oyub Titiyev, a human rights activist prosecuted on trumped-up drug charges in Chechnya, whose pre-trial detention was recently extended; about the fact that Russian authorities have detained Jehovahs Witness Dennis Christensen since May 2017; about the five Church of Scientology leaders who have also been subjected to detention without trial since June 2017, as well as over a dozen Muslim followers of Turkish theologian Said Nursi; and the State Department's all on Russia to release all those identified as political or religious prisoners immediately and cease its use of the legal system to suppress dissent and peaceful religious practice. The Russian people, like people everywhere, deserve equal treatment under the law and the ability to exercise their rights without fear of retribution. On behalf of 53 organizations and individuals, including the client, made contacts to urge the swift passage of H.R.390 - Iraq and Syria Genocide Emergency Relief and Accountability Act of 2017. In the summer of 2017, the bill passed unanimously in the House of Representatives and out of the Senate Foreign Relations Committee. Urged a vote on the consent calendar so we will be one step closer to providing recovery assistance to victims of the genocide committed by the Islamic State of Iraq and al-Sham (ISIS). The Christian, Yazidi and other minority communities are either languishing in camps, some for almost three years, or choosing to seek refugee abroad because their towns and villages were decimated by ISIS. The situation is dire: families struggle to meet basic needs for nutrition, health, and education without a proper humanitarian assistance. Presently there are over 300,000 internally displaced Yazidis and some 90,000 Christian IDPs residing in deteriorating camps intended to be temporary shelters in the Kurdistan Region of Iraq. With American help, these areas can redevelop and the native people can return. This not only helps all of Northern Iraq rebuild, but will deflect ISIS's attempt to erase these minorities. ISISs intentional destruction of homes, means of working, and places of worship was an act of genocide according to Article 2, section 3 of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, which defines genocide as Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. ISIS targeted these minorities for extinction from their homelands through mass murder, the taking of over 7,000 sex slaves, and the razing of their homes, farms and places of worship. Unless these minorities return to their ancient homelands and make a life for themselves, ISISs genocide will be successful. Without the passage of H.R. 390 there is no Congressional guarantee that the United States is committed to ensuring these ancient minority religious communities will survive and return to their ancestral homelands. H.R. 390 should pass the Senate and move forward in the process before it is too late and the good work done by the House and the Foreign Relations Committee is lost. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2018 · fourth_quarter · 4T
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions: * to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system; * to modify the computation of good time credit; * to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison; * to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery; * to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses; * to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history; * to make the Fair Sentencing Act of 2010 retroactive; * to require prisoners to be placed within 500 miles of their primary residence; * to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted; * to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program; * to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge; * to authorize Federal Prison Industries to sell products to additional markets; * to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment; * to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and * to limit juvenile solitary confinement. S. 3747, First Step Act of 2018. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2018 · fourth_quarter · 4T
Made contacts in support of HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: -to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and -to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. Also made contacts in support of revisions to strengthen the elderly pilot program. Made contacts in support of S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions: * to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system; * to modify the computation of good time credit; * to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison; * to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery; * to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses; * to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history; * to make the Fair Sentencing Act of 2010 retroactive; * to require prisoners to be placed within 500 miles of their primary residence; * to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted; * to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program; * to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge; * to authorize Federal Prison Industries to sell products to additional markets; * to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment; * to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and * to limit juvenile solitary confinement. Made contacts in support of S. 3747, the First Step Act of 2018. A Bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. Finally, made contacts in support of S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
PUBLIC SAFETY & SECURITY ROUNDTABLE via THE MITCHELL FIRM, INC.
2018 · fourth_quarter · RR
Criminal justice reform to increase public safety. Handling mass shootings to increase public safety. International religious freedom to increase national security.
Criminal justice reform to increase public safety. Handling mass shootings to increase public safety. International religious freedom to increase national security.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2018 · third_quarter · Q3
On behalf of 74 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Nigeria; and to urge U.S. government leaders to appoint a Special Coordinator for Nigeria and the Lake Chad Region. Nigeria, and indeed the region, face severe challenges. Nigeria is the largest country in Africa of 195 million people. What takes place in Nigeria does not stay in Nigeria, but rather impacts the surrounding countries as was seen in the tragic ambush of American soldiers in Niger. We believe that significant action is needed to confront these challenges or countries in the region could fracture, causing an extreme humanitarian crisis, immigration pressures on European allies and America, as well as security threats to our national interests in the region. We are very concerned about the violence that in some cases is motivated by religion or in other cases falls on ethno-religious fault lines. We are also concerned about the treatment of some Shia groups by the military. We think the United States Commission on International Religious Freedoms call to name Nigeria as a Country of Particular Concern is correct. Of the top 25 most populous countries in the world, Nigeria had the highest level of social hostilities regarding religion according to Pews report last year. This year they are number two on the list. We hope the appointment of a well-respected and qualified person could then coordinate with Secretary of State Pompeo, Secretary of Defense General Mattis, International Religious Freedom Ambassador Brownback (whose energy, focus, and indeed trip to Nigeria have been excellent), UN Ambassador Nikki Haley, USAID Administrator Mark Green, Ambassador Bolton with the NSC, the various intelligence agencies, and excellent diplomats and Foreign Service Officers working in the relevant embassies. We would encourage such a position to make policy recommendations to the various agencies and team that has been assembled. We also hope that they would build key relationships with key officials and personnel in the regional governments already working on these issues. On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Russia; and to urge U.S. government leaders to raise this issue in public statements and bilateral discussions, and leverage the growing network of foreign institutions that are eager to partner with the United States to advance international religious freedom. This fundamental right is in serious peril as the Russian government continues to foster an atmosphere of intolerance, discrimination and persecution against religious minorities throughout the entire country. The 2002 Extremism Law laid the foundation for an alarming trend in repressions against civil society and non-traditional minority religions. The law was initially passed to combat terrorism after 9/11 but it provides no clear definition for the term extremism, thus rendering virtually any group or individual vulnerable to political and legal harassment. In fact, it has been frequently misused to target a vast multitude of peaceful and law-abiding civil society organizations and individuals; to censor religious materials, arrest and detain believers for reading or disseminating Scriptures, refuse to register religious groups, harass and prosecute religious groups that are refused registration, and liquidate and close down places of worship for targeted religious faiths. Such oppressive measures have no place in a democratic society. Most recently, the Scientology religion, its parishioners and its religious and social organizations have become a primary target of this Russian national campaign of religious repression. The campaign has been chillingly wide-ranging. Russias Supreme Court has declared Jehovahs Witnesses, a Christian denomination that rejects violence, as extremist, confirming an order by the Justice Ministry that the group be liquidated and thereby banning them from operating on Russian territory. Further, Muslims, Evangelicals, Lutherans, Baptists, Pentecostals, Methodists, Presbyterians, Hindus, Buddhists and others have been targeted. In spite of the principles of non-discrimination and equal treatment at the heart of the UN Bill of Rights, the Russian Government is systematically using the Extremism Law to: 1) seize and censor peaceful religious scriptures read without incident the world over; 2) arrest and detain members of minority faiths for reading and disseminating these religious materials; and 3) initiate proceedings to liquidate and shut down religious organizations in order to disrupt and suppress their right to conduct religious activities in contravention of the fundamental human right to religious freedom. This misuse of the Extremism Law against religions has been widely criticized by the UN Human Rights Committee (28 April 2015), the Parliamentary Assembly Monitoring Committee of the Council of Europe (14 September 2012), and the Venice Commission (1 June 2012), which found the law and its use against religions violated human rights and called on Russia to correct the law. Over fifty cases regarding Russias misuse of the Extremism Law against religions have been filed by numerous religious groups before the European Court of Human Rights. Also made contacts to urge U.S. government leaders to raise the State Department's deep concerns about the growing number of individuals-now more than 150-identified by credible human rights organizations as political and religious prisoners held by the Government of the Russian Federation; about the welfare of four Ukrainians unjustly imprisoned who are currently on hunger strike-Oleh Sentsov, Stanislav Klykh, Oleksandr Shumkov, and Volodymyr Balukh; about the case of Oyub Titiyev, a human rights activist prosecuted on trumped-up drug charges in Chechnya, whose pre-trial detention was recently extended; about the fact that Russian authorities have detained Jehovahs Witness Dennis Christensen since May 2017; about the five Church of Scientology leaders who have also been subjected to detention without trial since June 2017, as well as over a dozen Muslim followers of Turkish theologian Said Nursi; and the State Department's all on Russia to release all those identified as political or religious prisoners immediately and cease its use of the legal system to suppress dissent and peaceful religious practice. The Russian people, like people everywhere, deserve equal treatment under the law and the ability to exercise their rights without fear of retribution. On behalf of 53 organizations and individuals, including the client, made contacts to urge the swift passage of H.R.390 - Iraq and Syria Genocide Emergency Relief and Accountability Act of 2017. In the summer of 2017, the bill passed unanimously in the House of Representatives and out of the Senate Foreign Relations Committee. Urged a vote on the consent calendar so we will be one step closer to providing recovery assistance to victims of the genocide committed by the Islamic State of Iraq and al-Sham (ISIS). The Christian, Yazidi and other minority communities are either languishing in camps, some for almost three years, or choosing to seek refugee abroad because their towns and villages were decimated by ISIS. The situation is dire: families struggle to meet basic needs for nutrition, health, and education without a proper humanitarian assistance. Presently there are over 300,000 internally displaced Yazidis and some 90,000 Christian IDPs residing in deteriorating camps intended to be temporary shelters in the Kurdistan Region of Iraq. With American help, these areas can redevelop and the native people can return. This not only helps all of Northern Iraq rebuild, but will deflect ISIS's attempt to erase these minorities. ISISs intentional destruction of homes, means of working, and places of worship was an act of genocide according to Article 2, section 3 of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, which defines genocide as Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. ISIS targeted these minorities for extinction from their homelands through mass murder, the taking of over 7,000 sex slaves, and the razing of their homes, farms and places of worship. Unless these minorities return to their ancient homelands and make a life for themselves, ISISs genocide will be successful. Without the passage of H.R. 390 there is no Congressional guarantee that the United States is committed to ensuring these ancient minority religious communities will survive and return to their ancestral homelands. H.R. 390 should pass the Senate and move forward in the process before it is too late and the good work done by the House and the Foreign Relations Committee is lost. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing concern about the nuanced religious freedom situation in Hungary and urge U.S. government leaders to raise this issue in private bilateral discussions with Hungarian officials. The Hungarian government should be urged to respect religious freedom for everyone, consistent with the 2017 Budapest Resolution, which included clear statements that condemn any action aimed at denying or curtailing the free exercising of basic human rights, with particular emphasis on violations of religious freedom; calls upon the worlds governments and international organizations to seek long-term solutions in order to end the persecution of Christians and other religious minorities, and to ensure the exercising of all human rights, including that of the free exercising of religion in accordance with Article 18 of the Universal Declaration of Human Rights; and urges common action on behalf of the worlds governments and international organizations to end atrocities against Christians and other religious minorities, and to implement immediate and concrete measures in accordance with that goal. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2018 · third_quarter · Q3
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2018 · third_quarter · Q3
Made contacts in support of HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: -to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and -to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. Also made contacts in support of revisions to strengthen the elderly pilot program.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2018 · second_quarter · Q2
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Russia; and to urge U.S. government leaders to raise this issue in public statements and bilateral discussions, and leverage the growing network of foreign institutions that are eager to partner with the United States to advance international religious freedom. This fundamental right is in serious peril as the Russian government continues to foster an atmosphere of intolerance, discrimination and persecution against religious minorities throughout the entire country. The 2002 Extremism Law laid the foundation for an alarming trend in repressions against civil society and non-traditional minority religions. The law was initially passed to combat terrorism after 9/11 but it provides no clear definition for the term extremism, thus rendering virtually any group or individual vulnerable to political and legal harassment. In fact, it has been frequently misused to target a vast multitude of peaceful and law-abiding civil society organizations and individuals; to censor religious materials, arrest and detain believers for reading or disseminating Scriptures, refuse to register religious groups, harass and prosecute religious groups that are refused registration, and liquidate and close down places of worship for targeted religious faiths. Such oppressive measures have no place in a democratic society. Most recently, the Scientology religion, its parishioners and its religious and social organizations have become a primary target of this Russian national campaign of religious repression. The campaign has been chillingly wide-ranging. Russias Supreme Court has declared Jehovahs Witnesses, a Christian denomination that rejects violence, as extremist, confirming an order by the Justice Ministry that the group be liquidated and thereby banning them from operating on Russian territory. Further, Muslims, Evangelicals, Lutherans, Baptists, Pentecostals, Methodists, Presbyterians, Hindus, Buddhists and others have been targeted. In spite of the principles of non-discrimination and equal treatment at the heart of the UN Bill of Rights, the Russian Government is systematically using the Extremism Law to: 1) seize and censor peaceful religious scriptures read without incident the world over; 2) arrest and detain members of minority faiths for reading and disseminating these religious materials; and 3) initiate proceedings to liquidate and shut down religious organizations in order to disrupt and suppress their right to conduct religious activities in contravention of the fundamental human right to religious freedom. This misuse of the Extremism Law against religions has been widely criticized by the UN Human Rights Committee (28 April 2015), the Parliamentary Assembly Monitoring Committee of the Council of Europe (14 September 2012), and the Venice Commission (1 June 2012), which found the law and its use against religions violated human rights and called on Russia to correct the law. Over fifty cases regarding Russias misuse of the Extremism Law against religions have been filed by numerous religious groups before the European Court of Human Rights. Also made contacts to urge U.S. government leaders to raise the State Department's deep concerns about the growing number of individuals-now more than 150-identified by credible human rights organizations as political and religious prisoners held by the Government of the Russian Federation; about the welfare of four Ukrainians unjustly imprisoned who are currently on hunger strike-Oleh Sentsov, Stanislav Klykh, Oleksandr Shumkov, and Volodymyr Balukh; about the case of Oyub Titiyev, a human rights activist prosecuted on trumped-up drug charges in Chechnya, whose pre-trial detention was recently extended; about the fact that Russian authorities have detained Jehovahs Witness Dennis Christensen since May 2017; about the five Church of Scientology leaders who have also been subjected to detention without trial since June 2017, as well as over a dozen Muslim followers of Turkish theologian Said Nursi; and the State Department's all on Russia to release all those identified as political or religious prisoners immediately and cease its use of the legal system to suppress dissent and peaceful religious practice. The Russian people, like people everywhere, deserve equal treatment under the law and the ability to exercise their rights without fear of retribution. On behalf of 53 organizations and individuals, including the client, made contacts to urge the swift passage of H.R.390 - Iraq and Syria Genocide Emergency Relief and Accountability Act of 2017. In the summer of 2017, the bill passed unanimously in the House of Representatives and out of the Senate Foreign Relations Committee. Urged a vote on the consent calendar so we will be one step closer to providing recovery assistance to victims of the genocide committed by the Islamic State of Iraq and al-Sham (ISIS). The Christian, Yazidi and other minority communities are either languishing in camps, some for almost three years, or choosing to seek refugee abroad because their towns and villages were decimated by ISIS. The situation is dire: families struggle to meet basic needs for nutrition, health, and education without a proper humanitarian assistance. Presently there are over 300,000 internally displaced Yazidis and some 90,000 Christian IDPs residing in deteriorating camps intended to be temporary shelters in the Kurdistan Region of Iraq. With American help, these areas can redevelop and the native people can return. This not only helps all of Northern Iraq rebuild, but will deflect ISIS's attempt to erase these minorities. ISISs intentional destruction of homes, means of working, and places of worship was an act of genocide according to Article 2, section 3 of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, which defines genocide as Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part. ISIS targeted these minorities for extinction from their homelands through mass murder, the taking of over 7,000 sex slaves, and the razing of their homes, farms and places of worship. Unless these minorities return to their ancient homelands and make a life for themselves, ISISs genocide will be successful. Without the passage of H.R. 390 there is no Congressional guarantee that the United States is committed to ensuring these ancient minority religious communities will survive and return to their ancestral homelands. H.R. 390 should pass the Senate and move forward in the process before it is too late and the good work done by the House and the Foreign Relations Committee is lost. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2018 · second_quarter · Q2
Made contacts in support of: HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: - to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and - to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2018 · second_quarter · Q2
Made contacts in support of HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. (Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities. (Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system. The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served). (Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities. (Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system. (Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense. (Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based. (Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. (Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery. (Sec. 401) The bill amends the federal criminal code: -to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and -to specify that the designation of a prison placement is not reviewable by a court. (Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted. (Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program. (Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate. (Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations. (Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs. (Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment. The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access. (Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals. (Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment. (Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program. (Sec. 411) The BOP must make tampons and sanitary napkins available free of charge. (Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified. (Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance. Made contacts in support of revisions to strengthen the elderly pilot program.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2018 · first_quarter · Q1
On behalf of 59 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to recommend with the utmost enthusiasm the immediate confirmation of Governor Sam Brownback as the new Ambassador-at-Large for International Religious Freedom. This post is too vital to our values as a nation and our national security to allow it to remain vacant for any length of time. Without a swift confirmation, crises around the world will not be addressed in the fullness required by the U.S. policy and diplomatic apparatus. One only has to look to the unfolding crisis in Myanmar/Burma where 650,000 Rohingya Muslims are being forced out of their homes - women are raped, children are thrown into fires, and we do not have the leadership who can speak to the important religious freedom components of this crisis. Without clear leadership, professional capacity diminishes as experienced diplomats look for areas where they can make an impact. Additionally, other Special Envoys, such as the position that confronts the rising tide of Anti-Semitism will be slowed as well. We were encouraged by the Governors full testimony before the Foreign Relations Committee, including his written testimony, on these complex issues, particularly his statements about Burmas Rohingya population, and the testimonies of leadership that his former staff have shared with us. We are confident that his leadership is needed now. We cannot allow the post of Ambassador-at-Large for International Religious Freedom to go vacant at this critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis- according to the Pew Research Centers latest annual study on global restrictions on religion, 79% of the worlds population lived in countries with high or very high levels of restrictions and/or hostilities in 2015 (up from 74% in 2014). We urged the President to appoint a high-profile Ambassador with a demonstrated expertise in foreign policy and religious freedom; who possesses qualifications consistent with specific characteristics, experience and background, which we listed as necessary for this post. We feel strongly that Governor Brownback meets these qualifications. Governor Brownback clearly possesses the deep experience, political understanding and connections to leverage the Ambassador position to powerfully advance international religious freedom, which will contribute to U.S. national security by combating violent religious extremism and terrorism, while increasing political stability, encouraging economic growth, and supporting the protection of other fundamental human rights. Governor Brownback is superbly qualified for this position, having been one of the earliest congressional advocates for U.S. action to advance international religious freedom during his long service as a U.S. Senator (1996-2011), member of the Senate Foreign Relations Committee, and Chair of the U.S. Helsinki Commission. He has repeatedly demonstrated his ability to work on religious freedom for everyone, everywhere; across the aisle and a broad spectrum of religious and political differences. The Governors work has earned him bipartisan credibility on international religious freedom issues and human rights, and we are confident that his confirmation will enable the United States to continue its vital leadership for religious freedom. On behalf of 55 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our deepening concern about the religious freedom situation in Hungary, which is becoming more nuanced as it worsens, and urge U.S. government leaders to raise this issue in public statements and bilateral discussions with Prime Minister Viktor Orban and his government. First, with the 2011 Religion Law, the Hungarian government continues to focus its discrimination against religious communities it does not like, including those that have been critical of its policies, and to use the financial privileges afforded by the law to keep the major churches in line politically. Of the more than 300 de-registered religious organizations, 32 have since had their legal status restored thanks to both European Court of Human Rights and domestic court rulings. But one religious organization that has still not had its legal status restored despite being prominent among these 32 organizations is the Hungarian Evangelical Fellowship. We understand that the denial of status there continues to be politically motivated, as its pastor has been critical of the Orban regime. The Fellowship is a well-established church with numerous schools, homes for the elderly and other public services, so the reduction in funding from not having official status means that thousands of people are negatively impacted. Second, the government is now creatively and aggressively using other laws to target and criminally investigate at least one church that was lawfully registered under the 1990 Religion Law, then unconstitutionally de-registered under the 2011 Religion Law and thus forced to register and operate as an association. Prime Minister Orban and his government should be pressed to revise the 2011 Religion Law and respect religious freedom for everyone. On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Russia; and to urge U.S. government leaders to raise this issue in public statements and bilateral discussions, and leverage the growing network of foreign institutions that are eager to partner with the United States to advance international religious freedom. This fundamental right is in serious peril as the Russian government continues to foster an atmosphere of intolerance, discrimination and persecution against religious minorities throughout the entire country. The 2002 Extremism Law laid the foundation for an alarming trend in repressions against civil society and non-traditional minority religions. The law was initially passed to combat terrorism after 9/11 but it provides no clear definition for the term extremism, thus rendering virtually any group or individual vulnerable to political and legal harassment. In fact, it has been frequently misused to target a vast multitude of peaceful and law-abiding civil society organizations and individuals; to censor religious materials, arrest and detain believers for reading or disseminating Scriptures, refuse to register religious groups, harass and prosecute religious groups that are refused registration, and liquidate and close down places of worship for targeted religious faiths. Such oppressive measures have no place in a democratic society. Most recently, the Scientology religion, its parishioners and its religious and social organizations have become a primary target of this Russian national campaign of religious repression. The campaign has been chillingly wide-ranging. Russias Supreme Court has declared Jehovahs Witnesses, a Christian denomination that rejects violence, as extremist, confirming an order by the Justice Ministry that the group be liquidated and thereby banning them from operating on Russian territory. Further, Muslims, Evangelicals, Lutherans, Baptists, Pentecostals, Methodists, Presbyterians, Hindus, Buddhists and others have been targeted. In spite of the principles of non-discrimination and equal treatment at the heart of the UN Bill of Rights, the Russian Government is systematically using the Extremism Law to: 1) seize and censor peaceful religious scriptures read without incident the world over; 2) arrest and detain members of minority faiths for reading and disseminating these religious materials; and 3) initiate proceedings to liquidate and shut down religious organizations in order to disrupt and suppress their right to conduct religious activities in contravention of the fundamental human right to religious freedom. This misuse of the Extremism Law against religions has been widely criticized by the UN Human Rights Committee (28 April 2015), the Parliamentary Assembly Monitoring Committee of the Council of Europe (14 September 2012), and the Venice Commission (1 June 2012), which found the law and its use against religions violated human rights and called on Russia to correct the law. Over fifty cases regarding Russias misuse of the Extremism Law against religions have been filed by numerous religious groups before the European Court of Human Rights. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2018 · first_quarter · Q1
Made contacts in support of: HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts in support of: Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs. The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities. Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program. Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism. Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House. The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer. This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info. Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs. In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free. Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women. Expungement: the RENEW Act would expand expungement opportunities for some individuals convicted of first-time federal drug possession. Criminal records often prevent ex-offenders from successfully re-entering the workforce. This bill would expand the eligibility of those seeking an expungement order, promote opportunities for young former offenders and increase access to employment. Clean Slate: Similar to expungement, Clean Slate would reduce the collateral consequences associated with a criminal conviction. Legislation could automatically seal old, low-level, nonviolent offenses for those who remain crime free for a set period of time. Records in cases with no conviction could be sealed as a matter of course. This reduces unnecessary bureaucratic barriers that prevent a successful, long-term re-entry into communities. Drivers License Revocations: the bipartisan Better Drive Act would repeal a section of federal transportation law that compels states to suspend drivers licenses for drug offenses after individuals have already served their prison sentence. There is strong evidence that lack of access to a drivers license harms re-entry efforts as many job opportunities require transportation. A majority of states (38) have already opted out of this law.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2018 · first_quarter · Q1
Made contacts in support of HR 3356, the Prison Reform and Redemption Act. This bill directs the Department of Justice to develop the Post-Sentencing Risk and Needs Assessment System for use by the Bureau of Prisons (BOP) to assess prisoner recidivism risk; guide housing, grouping, and program assignments; and incentivize and reward participation in and completion of recidivism reduction programs and productive activities. It amends the federal criminal code to: require the BOP to implement the Post-Sentencing Risk and Needs Assessment System; establish prerelease custody procedures for prisoners who, among other things, earn time credits for successfully completing recidivism reduction programs or productive activities; prohibit, subject to specified exceptions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery; and broaden the duties of probation and pretrial services officers to include court-directed supervision of sex offenders conditionally released from civil commitment. The BOP must: incorporate de-escalation techniques into its training programs; report on its ability to treat heroin and opioid abuse through medication-assisted treatment; establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and designate a release preparation coordinator at each facility that houses prisoners. The bill prohibits monitoring the contents of an electronic communication between a prisoner at a BOP facility and the prisoner's attorney. It amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility criteria for an elderly offender early release pilot program. Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2017 The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison. Made contacts in support of revisions to strengthen the elderly release progam and add compassionate release. Made contacts in support of revisions to reduce the amount of time BOP has to ensure that 100% of federal prisoners have access to the programming they need--from 5 years down to 1 to 2 years.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2017 · fourth_quarter · Q4
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Russia; and to urge U.S. government leaders to raise this issue in public statements and bilateral discussions, and leverage the growing network of foreign institutions that are eager to partner with the United States to advance international religious freedom. This fundamental right is in serious peril as the Russian government continues to foster an atmosphere of intolerance, discrimination and persecution against religious minorities throughout the entire country. The 2002 Extremism Law laid the foundation for an alarming trend in repressions against civil society and non-traditional minority religions. The law was initially passed to combat terrorism after 9/11 but it provides no clear definition for the term extremism, thus rendering virtually any group or individual vulnerable to political and legal harassment. In fact, it has been frequently misused to target a vast multitude of peaceful and law-abiding civil society organizations and individuals; to censor religious materials, arrest and detain believers for reading or disseminating Scriptures, refuse to register religious groups, harass and prosecute religious groups that are refused registration, and liquidate and close down places of worship for targeted religious faiths. Such oppressive measures have no place in a democratic society. Most recently, the Scientology religion, its parishioners and its religious and social organizations have become a primary target of this Russian national campaign of religious repression. The campaign has been chillingly wide-ranging. Russias Supreme Court has declared Jehovahs Witnesses, a Christian denomination that rejects violence, as extremist, confirming an order by the Justice Ministry that the group be liquidated and thereby banning them from operating on Russian territory. Further, Muslims, Evangelicals, Lutherans, Baptists, Pentecostals, Methodists, Presbyterians, Hindus, Buddhists and others have been targeted. In spite of the principles of non-discrimination and equal treatment at the heart of the UN Bill of Rights, the Russian Government is systematically using the Extremism Law to: 1) seize and censor peaceful religious scriptures read without incident the world over; 2) arrest and detain members of minority faiths for reading and disseminating these religious materials; and 3) initiate proceedings to liquidate and shut down religious organizations in order to disrupt and suppress their right to conduct religious activities in contravention of the fundamental human right to religious freedom. This misuse of the Extremism Law against religions has been widely criticized by the UN Human Rights Committee (28 April 2015), the Parliamentary Assembly Monitoring Committee of the Council of Europe (14 September 2012), and the Venice Commission (1 June 2012), which found the law and its use against religions violated human rights and called on Russia to correct the law. Over fifty cases regarding Russias misuse of the Extremism Law against religions have been filed by numerous religious groups before the European Court of Human Rights. On behalf of 59 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to recommend with the utmost enthusiasm the immediate confirmation of Governor Sam Brownback as the new Ambassador-at-Large for International Religious Freedom. This post is too vital to our values as a nation and our national security to allow it to remain vacant for any length of time. Without a swift confirmation, crises around the world will not be addressed in the fullness required by the U.S. policy and diplomatic apparatus. One only has to look to the unfolding crisis in Myanmar/Burma where 650,000 Rohingya Muslims are being forced out of their homes - women are raped, children are thrown into fires, and we do not have the leadership who can speak to the important religious freedom components of this crisis. Without clear leadership, professional capacity diminishes as experienced diplomats look for areas where they can make an impact. Additionally, other Special Envoys, such as the position that confronts the rising tide of Anti-Semitism will be slowed as well. We were encouraged by the Governors full testimony before the Foreign Relations Committee, including his written testimony, on these complex issues, particularly his statements about Burmas Rohingya population, and the testimonies of leadership that his former staff have shared with us. We are confident that his leadership is needed now. We cannot allow the post of Ambassador-at-Large for International Religious Freedom to go vacant at this critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis- according to the Pew Research Centers latest annual study on global restrictions on religion, 79% of the worlds population lived in countries with high or very high levels of restrictions and/or hostilities in 2015 (up from 74% in 2014). We urged the President to appoint a high-profile Ambassador with a demonstrated expertise in foreign policy and religious freedom; who possesses qualifications consistent with specific characteristics, experience and background, which we listed as necessary for this post. We feel strongly that Governor Brownback meets these qualifications. Governor Brownback clearly possesses the deep experience, political understanding and connections to leverage the Ambassador position to powerfully advance international religious freedom, which will contribute to U.S. national security by combating violent religious extremism and terrorism, while increasing political stability, encouraging economic growth, and supporting the protection of other fundamental human rights. Governor Brownback is superbly qualified for this position, having been one of the earliest congressional advocates for U.S. action to advance international religious freedom during his long service as a U.S. Senator (1996-2011), member of the Senate Foreign Relations Committee, and Chair of the U.S. Helsinki Commission. He has repeatedly demonstrated his ability to work on religious freedom for everyone, everywhere; across the aisle and a broad spectrum of religious and political differences. The Governors work has earned him bipartisan credibility on international religious freedom issues and human rights, and we are confident that his confirmation will enable the United States to continue its vital leadership for religious freedom. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2017 · fourth_quarter · Q4
Made contacts in support of: HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending. oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration. S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law. oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences. oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate. oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies. oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society. oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming. oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate. S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes. oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars. oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders. oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement. oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders. oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts. oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals. oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country. oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms. oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965. Also made contacts regarding: HR 1905, the Fair Chance Act. A bill to prohibit Federal agencies and Federal contractors from requesting that an applicant for employment disclose criminal history record information before the applicant has received a conditional offer, and for other purposes. oThis bill prohibits federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer (an offer of employment conditioned upon the results of a criminal history inquiry). The bill sets forth positions to which such prohibition shall not apply, such as positions for which prior consideration of criminal history record information is otherwise required by law, positions with law enforcement and national security duties, and positions requiring access to classified information. oThe bill prohibits agencies from requiring an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee. oThe Office of Personnel Management, the Office of Compliance, the Administrative Office of the United States Courts, the General Services Administration, and the Department of Defense must: (1) establish procedures for submitting complaints about, and taking actions against, agency employees and contractors for violating such prohibitions and for appealing such an action; and (2) issue regulations to implement this bill. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this bill. oThe Bureau of Justice Statistics, in coordination with the Bureau of the Census, must: (1) design and initiate a study on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense, and (2) report to Congress at specified intervals. HR 1952, the Better Drive Act. A bill to amend title 23, United States Code, with respect to the revocation or suspension of drivers licenses of individuals convicted of drug offenses, and for other purposes. oThis bill repeals provisions requiring the Department of Transportation to withhold a certain amount of a state's apportionment of federal-aid highway funds if the state fails to enact and enforce a law that requires the revocation or suspension of drivers' licenses of individuals convicted of drug offenses. HR 4019, the Pretrial Integrity and Safety Act. A bill to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes. oA bipartisan bill that incentivizes moving away from a money bail system. Under money bail systems, the decision to detain a person prior to their trial is based on their ability to pay bail instead of their flight risk or danger to society. The system disproportionately affects the poor, is expensive, and does not make Americans safer. oThe Pretrial Integrity and Safety Act encourages states to replace their existing bail systems with pretrial risk assessments-a more just system for evaluating the flight and safety risk of defendants facing trial. An individualized risk assessment considers factors such as a persons past criminal history and the current charge. A handful of places throughout the United States, including Kentucky and the District of Columbia, have already implemented or are in the process of implementing such a system.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2017 · third_quarter · Q3
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express deep concern about the deteriorating religious freedom situation in Russia; and to urge U.S. government leaders to raise this issue in public statements and bilateral discussions, and leverage the growing network of foreign institutions that are eager to partner with the United States to advance international religious freedom. This fundamental right is in serious peril as the Russian government continues to foster an atmosphere of intolerance, discrimination and persecution against religious minorities throughout the entire country. The 2002 Extremism Law laid the foundation for an alarming trend in repressions against civil society and non-traditional minority religions. The law was initially passed to combat terrorism after 9/11 but it provides no clear definition for the term extremism, thus rendering virtually any group or individual vulnerable to political and legal harassment. In fact, it has been frequently misused to target a vast multitude of peaceful and law-abiding civil society organizations and individuals; to censor religious materials, arrest and detain believers for reading or disseminating Scriptures, refuse to register religious groups, harass and prosecute religious groups that are refused registration, and liquidate and close down places of worship for targeted religious faiths. Such oppressive measures have no place in a democratic society. Most recently, the Scientology religion, its parishioners and its religious and social organizations have become a primary target of this Russian national campaign of religious repression. The campaign has been chillingly wide-ranging. Russias Supreme Court has declared Jehovahs Witnesses, a Christian denomination that rejects violence, as extremist, confirming an order by the Justice Ministry that the group be liquidated and thereby banning them from operating on Russian territory. Further, Muslims, Evangelicals, Lutherans, Baptists, Pentecostals, Methodists, Presbyterians, Hindus, Buddhists and others have been targeted. In spite of the principles of non-discrimination and equal treatment at the heart of the UN Bill of Rights, the Russian Government is systematically using the Extremism Law to: 1) seize and censor peaceful religious scriptures read without incident the world over; 2) arrest and detain members of minority faiths for reading and disseminating these religious materials; and 3) initiate proceedings to liquidate and shut down religious organizations in order to disrupt and suppress their right to conduct religious activities in contravention of the fundamental human right to religious freedom. This misuse of the Extremism Law against religions has been widely criticized by the UN Human Rights Committee (28 April 2015), the Parliamentary Assembly Monitoring Committee of the Council of Europe (14 September 2012), and the Venice Commission (1 June 2012), which found the law and its use against religions violated human rights and called on Russia to correct the law. Over fifty cases regarding Russias misuse of the Extremism Law against religions have been filed by numerous religious groups before the European Court of Human Rights. On behalf of 53 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to recommend with the utmost enthusiasm the immediate confirmation of Governor Sam Brownback as the new Ambassador-at-Large for International Religious Freedom. We cannot allow the post of Ambassador-at-Large for International Religious Freedom to go vacant at this critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis- according to the Pew Research Centers latest annual study on global restrictions on religion, 79% of the worlds population lived in countries with high or very high levels of restrictions and/or hostilities in 2015 (up from 74% in 2014). The previous Ambassador, Rabbi David Saperstein, stands as a witness to the fact that having an experienced and well-connected person in this position can advance our most fundamental values as a nation and support our strategic national security interests. Likewise, Governor Brownback clearly possesses the deep experience, political understanding and connections to leverage the Ambassador position to powerfully advance international religious freedom, which will contribute to U.S. national security by combating violent religious extremism and terrorism, while increasing political stability, encouraging economic growth, and supporting the protection of other fundamental human rights. Governor Brownback is superbly qualified for this position, having been one of the earliest congressional advocates for U.S. action to advance international religious freedom during his long service as a U.S. Senator (1996-2011), member of the Senate Foreign Relations Committee, and Chair of the U.S. Helsinki Commission. He has repeatedly demonstrated his ability to work on religious freedom for everyone, everywhere; across the aisle and a broad spectrum of religious and political differences. The Governors work has earned him bipartisan credibility on international religious freedom issues and human rights, and we are confident that his confirmation will enable the United States to continue its vital leadership for religious freedom. We urged the swift confirmation of Governor Brownback to send a signal to the world that our nation takes this issue seriously. It is integral to the solutions that our global challenges demand that this vital position is not left vacant. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval. On behalf of 25 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the FY 2018 budget request of the U.S. Commission on International Religious Freedom (USCIRF), which is an appropriation of $4.5 million in support of its vital activities. It is important to fully fund USCIRFs mandate at this critical time when assaults on religious freedom around the world are systemic and growing. Millions are subject to violent persecution because of their religious beliefs. While many suffer persecution around the world, the genocide and crimes against humanity practiced by ISIS against Yezidis, Christians, Shiite Muslims, Sunni Muslims who reject ISIS, and other minorities in Iraq and Syria constitutes the vilest contemporary case. What is happening to minorities in the Middle East represents a humanitarian catastrophe and a serious national security threat. We believe that the most effective way to address both is to uphold the principle of religious liberty for all people in the Middle East-indeed, to support religious freedom for everyone, everywhere. American leadership is needed now more than ever. Increasing the U.S. Governments capacity and practical effectiveness in advancing the global spread of religious freedom ought to be a national and international security imperative. Congress recently passed the Frank R. Wolf International Religious Freedom Act of 2016 (P.L. 114-281) to strengthen U.S. law and more prominently integrate this foundational human right into U.S. foreign policy and national security strategies. The U.S. government now has a remarkable opportunity, at low cost, to consolidate and build upon these recent improvements, expand and further strengthen U.S. international religious freedom policy and make a major contribution to international justice and stability, fundamental human rights, economic growth, and U.S. national security. The Frank R. Wolf International Religious Freedom Act increased USCIRFs role. This expansion of USCIRFs mandate will require additional resources, staff, contractor support, and technology to strengthen its expertise and expand its outreach and advocacy efforts. USCIRF is therefore requesting an appropriation of $4.5 million, an increase of $1 million. Please note this FY 2018 budget request would return to previous funding levels USCIRF had received in FY 2010 and FY 2011. Since its inception in the landmark 1998 International Religious Freedom Act, USCIRF has been vital to elevating the promotion of religious freedom in U.S. foreign policy. For those who have worked most closely with the Commission it has been a consistent and reliable voice for people around the globe who desire nothing more than to peacefully worship and live out their faith according to the dictates of their conscience. USCIRF can be counted upon to give an unvarnished view of the state of religious freedom in any given country regardless of the complexities of the bilateral relationship between our respective governments. We rely on USCIRFs reports and policy recommendations when engaging the President, the Secretary of State, and Congress on international religious freedom matters and situations; and we are grateful for USCIRF's new Religious Prisoners of Conscience Project, which was established to highlight individuals imprisoned for exercising their freedom of religion or belief. On behalf of 21 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the swift nomination of an Assistant Secretary of State for African Affairs. As representatives of diverse organizations, faith groups, and constituencies we are collectively aware of the vital role of the United States in bilateral relationships across Africa. The Assistant Secretary of State for African Affairs is pivotal in helping implement strategic and tactical plans for U.S. engagement on the continent. Africa is becoming an increasingly important partner as can be seen with the relatively high economic growth seen on the continent. But even with the increasing importance of Africa, there are growing challenges, here are two examples: 1. The instability, wars, and persecution in various places on the African continent has increased pressure on European allies as refugees seek safety on the continent. These pressures have distracted Europe with domestic instability rather than allowing it to fully focus on ISIS abroad. 2. Boko Haram is one of the deadliest terrorist organization in the world and has pledged allegiance to ISIS. As ISIS suffers defeats in the Middle-East by the U.S. and its allies, many terrorists will look for a new base of operations, and the many regions in Africa that fall outside of central government control will be hospitable places or ISIS to re-group. An Assistant Secretary of State for African Affairs could help deal with these challenges by: Partnering with Africas developing nations and institutions against violent extremism and in support off necessary human rights, especially defeating transnational terrorist organizations that not only undermine Africas stability but also threaten the United States strategic interests. Addressing refugee flows and working to support every individuals ability to capitalize on economic opportunities to live within their country with dignity, freedom, responsibility, and prosperity. Supporting economic and societal sustainability through capacity building on infrastructure and institutional challenges, and perhaps most pressingly, the millions across the continent facing famine. From our perspective, an Assistant Secretary of State for African Affairs is essential to ongoing relationship between Africa and the United States. Such a position helps the U.S. by cooperatively addressing challenges and leveraging opportunities, while ensuring governance and anti-corruption measures. This position will strengthen security and support our ties and leadership in the many bi-lateral relationships between Africa and the United States. As you continue to build your leadership team we encourage you to swiftly nominate an Assistant Secretary of State for African Affairs.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2017 · third_quarter · Q3
Made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 would have done the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2017 · second_quarter · Q2
On behalf of 41 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the implementation of recommendations contained in the Policy Brief, "U.S. Foreign Policy and International Religious Freedom: Recommendations for the Trump Administration and the U.S. Congress"; and to support the nomination of a qualified Ambassador-at-Large for International Religious Freedom as soon as possible. As stated in the Policy Brief, millions are subject to violent persecution because of their religious beliefs. While many suffer persecution around the world, the genocide practiced by ISIS against Yezidis, Christians, Shiite Muslims, Sunni Muslims who reject ISIS, and other minorities in Iraq and Syria constitutes the vilest contemporary case. What is happening to minorities in the Middle East represents a humanitarian catastrophe and a serious national security threat. We believe that the most effective way to address both is to uphold the principle of religious liberty for all people in the Middle East-indeed, to support religious freedom for everyone, everywhere. Congress recently passed the Frank R. Wolf International Religious Freedom Act to strengthen U.S. law and more prominently integrate this foundational human right into U.S. foreign policy and national security strategies. The U.S. government now has a remarkable opportunity, at low cost, to consolidate and build upon these recent improvements, expand and further strengthen U.S. international religious freedom policy and make a major contribution to international justice and stability, fundamental human rights, economic growth, and U.S. national security. The Policy Brief outlines an agenda for enhancing the U.S. Governments capacity and practical effectiveness in advancing the global spread of religious freedom, which ought to be a national and international security imperative. We support its recommendations that the President set a clear policy priority for international religious freedom; produce a National Security Strategy and Presidential Directive on international religious freedom, and integrate it into the National Security Strategy of the United States; commit the institutional and financial resources necessary to succeed; and nominate a high-profile and widely-respected Ambassador-at-Large with a demonstrated expertise in foreign policy and religious freedom. By implementing these recommendations, the President will ensure that our international religious freedom policy will be integrated into U.S. strategies to reduce religious persecution, protect minorities, counter violent religious extremism and conflict, stabilize post-conflict societies and struggling democracies, promote economic growth, and pursue justice. In so doing, the President will send a clear and urgent message regarding the inherent dignity of every human being, while advancing global security in the fight against persecution, religious extremism and terrorism. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval. On behalf of 18 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the partnership that exists today between India and the United States, and to urge the President to raise deep concern about the level of organized violence against Christians, Muslims and other religious minorities in India with Prime Minister Narendra Modi during his visit to Washington. India has been on USCIRFs Tier 2 list since 2009, and things are getting worse. For a country on the Tier 2 list, religious freedom conditions do not rise to the statutory level that would mandate a Country of Particular Concern designation but require close monitoring due to the nature and extent of violations of religious freedom engaged in or tolerated by governments. We agree with the USCIRF 2017 Annual Report, which stated several key findings regarding India: In 2016, religious tolerance and religious freedom conditions continued to deteriorate in India. Hindu nationalist groups-such as the Rashtriya Swayamsevak Sangh (RSS), Sangh Parivar, and Vishva Hindu Parishad (VHP)-and their sympathizers perpetrated numerous incidents of intimidation, harassment, and violence against religious minority communities and Hindu Dalits. These violations were most frequent and severe in 10 of Indias 29 states. National and state laws that restrict religious conversion, cow slaughter, and the foreign funding of nongovernmental organizations (NGOs) and a constitutional provision deeming Sikhs, Buddhists, and Jains to be Hindus helped create the conditions enabling these violations. While Prime Minister Narendra Modi spoke publicly about the importance of communal tolerance and religious freedom, members of the ruling party have ties to Hindu nationalist groups implicated in religious freedom violations, used religiously divisive language to inflame tensions, and called for additional laws that would restrict religious freedom. These issues, combined with longstanding problems of police and judicial bias and inadequacies, have created a pervasive climate of impunity in which religious minorities feel increasingly insecure and have no recourse when religiously motivated crimes occur. Based on these concerns, in 2017 USCIRF again places India on its Tier 2, where it has been since 2009. Regarding religious freedom conditions, the USCIRF 2017 Annual Report states: During the past year, there were numerous reports of harassment and violent attacks against Muslims by Hindu nationalists, including local and state BJP members Christian communities across many denominations reported numerous incidents of harassment and attacks in 2016, which they attribute to Hindu nationalist groups supported by the BJP. We believe that it is in Indias self-interest to protect the rights of all its citizens, including religious minorities, in order to have a stable and secure society that will be able to contribute to vital U.S. interests in the region.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2017 · second_quarter · Q2
Made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 would have done the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2017 · first_quarter · Q1
On behalf of 43 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the nomination of a qualified Ambassador-at-Large for International Religious Freedom as soon as possible, and to allow Ambassador David Saperstein to stay in this post and continue his essential work until the Senate confirms a new nominee. This international religious freedom post is too vital to our national security to allow it to become vacant for any length of time. International religious freedom strengthens cultures and provides the foundation for stable democracies and their components, including civil society, economic growth, and social harmony. As such, it is also an effective counter-terrorism weapon as it pre-emptively undermines religious extremism. From Cyrus Cylinder to Roger Williams 1663 Colonial Charter, history and modern scholarship make it clear that where people are allowed to practice their faith freely, they are less likely to be alienated from the government, and more likely to be good citizens. We cannot allow the post of Ambassador-at-Large for International Religious Freedom to go vacant at this critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 74% of the worlds population live in countries with a high or very high overall level of restriction on religion; and there has been a marked increase in the number of countries that experienced religion-related terrorist activities, including acts carried out by such groups as Boko Haram, al-Qaida and the Islamic State. Congress just passed the Frank R. Wolf International Religious Freedom Act to strengthen U.S. law and more prominently integrate this foundational human right into U.S. foreign policy and national security strategies. In so doing, the United States just sent a clear and urgent message regarding the inherent dignity of every human being, while advancing global security in the fight against persecution, religious extremism and terrorism. Allowing Ambassador Saperstein, who helped to rebuild the International Religious Freedom Office and legitimize religious freedom as a foreign policy issue within the State Department-and earned high praise from across the political spectrum-to continue his essential work while you search for a qualified replacement will maintain our commitment to national and global security without interruption. In looking for his replacement, the International Religious Freedom Act (IRFA) states, The Ambassador at Large shall be a principal adviser to the President and the Secretary of State regarding matters affecting religious freedom abroad As such, we urge you to appoint a high-profile Ambassador with a demonstrated expertise in foreign policy and religious freedom. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstan's international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2017 · first_quarter · Q1
Made contacts in support of reintroduction of bipartisan federal sentencing and corrections reform legislation; in support of something close to S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of reintroduction of something close to HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 would have done the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2017 · first_quarter · Q1
Made contacts in support of reintroduction of the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. This bill was HR 759 in the last Congress, and it does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. For reintroduction of this bill, urged the following revision: Expanding the elderly release provision to include prisoners who are 60 years of age and have completed 2/3 of their sentence. Also made contacts in support of reintroduction of the Corrections Act, a bill to reform correctional institutions, and for other purposes. The Corrections Act was Title II of S. 2123 in the last Congress. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. For reintroduction, urged the following revision: The removal of the exclusion for a general fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years. Specific fraud exclusions were added to the bill, making this general fraud exclusion unnecessary.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2016 · fourth_quarter · Q4
On behalf of 73 organizations and individuals, including the client, who signed a multi-faith letter in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act, made contacts in support of a swift markup and passage of H.R. 1150 out of the Senate Foreign Relations Committee; then in support of Senate passage; and finally in support of House passage of the amended version passed by the Senate. H.R. 1150 passed out of the Senate Judiciary Committee on December 7; passed out of the Senate on December 10; and passed out of the House on December 13. The President of the United States signed it into law on December 16, 2016. We believe H.R. 1150 strengthens IRFA at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 74% of the worlds population live in countries with a high or very high overall level of restriction on religion. We must work to create a context where people can peacefully live with their deepest differences. The turmoil and bloodshed in Syria, Iraq and Nigeria-including the Islamic States genocide against Christians, Yazidis, Shia Muslims, Turkmen (Shia), Shabak and others-offers the latest examples of what happens if we do not. The Frank R. Wolf International Religious Freedom Act would: Give the Administration and the State Department new political tools, strengthen the standing of the International Religious Freedom Office and the Ambassador-at-Large for International Religious Freedom by making clear that the Ambassador reports directly to the Secretary of State. Clarify the Ambassador-at-Larges role in distributing project grants to protect religious freedom globally. Create a Special Watch List and automatic downgrade to a Country of Particular Concern (CPC) for states on the list for three straight years. Clarify that CPC designations will occur annually. Require designation of non-state actors as Entities of Particular Concern. Direct the President to focus sanctions on individuals who carry out or order religious restrictions. Set a floor at 25 full-time employees in the International Religious Freedom Office. Require curriculum for training all Foreign Service Officers in the strategic value of international religious freedom. Prioritize IRF programming for groups that seek to strengthen investigations, reporting, and monitoring of religious freedom violations, including genocide. The passage and implementation of H.R. 1150 will result in a strengthened IRFA, as well the integration of this foundational human right into U.S. foreign policy and national security strategies. In so doing, the United States will send a clear and urgent message regarding the inherent dignity of every human being, while advancing global security in the fight against persecution, religious extremism and terrorism. This legislation is consistent with the best of our values, and has the added benefit of practically protecting our national interests as well. On behalf of 31 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of House Resolution 290, a bi-partisan measure that promotes the rights to freedom of religion, belief and expression by calling for the global repeal of blasphemy laws. We all agree that blasphemy laws are antithetical to modern, prosperous societies, and must be abolished worldwide. Blasphemy laws are used to silence internal critics and alternative interpretations of the faith of the majority religious community, causing minority religious groups and the non-religious to suffer terribly. In an era when fundamentalist religious belief is leading to terror attacks and armed struggles throughout the world, it is more important than ever that we protect freedom of religion and belief. Blasphemy laws do precisely the opposite. H. Res 290 recognizes that many countries have blasphemy laws that punish expression deemed blasphemous and that blasphemy laws are inconsistent with international human rights standards, as they protect beliefs over individuals and often result in violations of the freedoms of religion and expression. The resolution also: Calls upon the President and State Department to make the repeal of blasphemy laws a priority in its bilateral relationships with all countries that have such laws through direct interventions in capitals and multilateral fora; Encourages the President and State Department to oppose any efforts at the United Nations or other international or multilateral fora to create an international anti-blasphemy norm, or to expand the international norm on incitement to include blasphemy or defamation of religions; Urges the President and State Department to designate Pakistan and Egypt each as a country of particular concern under the International Religious Freedom Act for perpetrating and tolerating particularly severe violations of religious freedom; and Urges the governments of Pakistan, Saudi Arabia, Egypt and other countries to amend or repeal their blasphemy laws, to release unconditionally persons imprisoned on charges of blasphemy and, once released, ensure their safety and that of their families. Blasphemy laws and similar restrictions on speech regarding religion exist in at least 44 countries, according to the Pew Research Center. Pew has also found that countries with laws against blasphemy, and apostasy were more likely to have high government restrictions on religion, as well as social hostilities based on religion, than countries that do not have such laws. The United States government is in a unique position to promote the rights to freedom of religion, belief, and expression around the world. This country was founded on respect for the principles of religious freedom and tolerance for difference of opinion, and as a leader in the global community we have a moral duty to advance these principles around the world. Congress in particular can play a significant role in promoting freedom of religion, belief, and expression around the world by passing H. Res 290, which would bring more attention to the troubling use of blasphemy laws and related measures, place deserved attention on worst offenders, and press the administration to make their repeal a more central focus of their foreign policy. On behalf of 93 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our deep concern about Federal Laws â„- 374-ФÐ-- and 375-ФÐ--, On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation to establish additional measures to counter terrorism and ensure public safety (the Federal Anti-Terrorism Law); and to urge U.S. government leaders to engage the Russian government and urge its leaders to ensure the Federal Anti-Terrorism Law is not used against peaceful spiritual groups. The Federal Anti-Terrorism Law further restricts religious freedom. We are particularly concerned about the amendments that introduce an entire new section to the Religion Law, imposing strict limits on sharing beliefs, including where and who may share them, and increase extremism punishments. We are aware of the fact that Russia has to be vigilant in order to prevent extremism, violence and terrorism. But you must fully consider and understand the impact of these amendments on social cohesion and national security. The need to counter violent extremism is pressing, but cracking down on religious freedom is a dangerous and counterproductive response. This conclusion is increasingly bolstered by empirical research. An exhaustive study by academics from Harvard, Notre Dame and Georgetown found that religious communities are most likely to support democracy, peace and freedom for other faiths, and least likely to take up the gun or form dictatorships, when governments allow them freedom to worship, practice and express their faiths freely and when religious communities in turn renounce their claims to permanent offices or positions of policy-making authority. Dr. Brian Grim, a noted expert on society, the economy and religion, has found a strong correlation between government restrictions on religion and religiously-motivated violence. Further, the Federal Anti-Terrorism Law poses threats to the fundamental human rights and freedoms that are guaranteed by Russias Constitution and its international human rights obligations, including the International Covenant on Civil and Political Rights, the Organization for Security and Co-operation in Europe (OSCE) human dimension commitments, the European Convention on Human Rights, and the Vienna Convention on the Law of Treaties. When evaluated within these legal frameworks, the Federal Anti-Terrorism Law raises a number of serious problems. It restricts the dissemination of beliefs in public to registered groups and organizations, and bars even informal sharing of beliefs by individuals acting on their own behalf. Perhaps most concerning, it restricts the beliefs that can be shared, limits the places where sharing beliefs can happen and explicitly bans sharing beliefs in residential buildings, "except as provided for by Article 16, Part 2 of [the Religion Law]." Article 16, Part 2, states that worship services and other religious rites and ceremonies may be freely held in residential premises, as well as in premises owned or rented by religious organizations. It is therefore unclear what this part of the amendment will mean in practice. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and to urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstans international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision that adopted views and conclusions that an individual-Viktor Yakovlevich Leven (the author)-was a victim of violations by Kazakhstan of his rights under Article 18 of the ICCPR. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 9.2 In the present case, the Committee notes that, not having been registered as a foreign missionary on behalf of his church, the author was convicted for conducting missionary activity, which consisted of preaching and praying and conducting meetings and religious rituals among the followers of the church 9.4 The Committee concludes that the punishment imposed on the author, and in particular its harsh consequences for the author, who is facing deportation, amount to a limitation of the authors right to manifest his religion under article 18, paragraph 1; that the limitation has not been shown to serve any legitimate purpose identified in article 18, paragraph 3; and neither has the State party shown that this sweeping limitation of the right to manifest religion is proportionate to any legitimate purpose that it might serve. The limitation therefore does not meet the requirements of article 18, paragraph 3, and the Committee accordingly finds that the authors rights under article 18, paragraph 1, have been violated. 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. Also shared the UN Human Rights Committee's second periodic report of Kazakhstan. On July 11, 2016, the Committee adopted principal matters of concern and recommendations, including: 13.The Committee is concerned about the broad formulation of the concepts of extremism, inciting social or class hatred and religious hatred or enmity under the State partys criminal legislation and the use of such legislation on extremism to unduly restrict freedoms of religion, expression, assembly and association. It is also concerned about reports that counter-terrorism activities continue to target in particular members or presumed members of banned or unregistered Islamic groups, such as the Tabligh Jamaat. 14.The State party should bring its counter-terrorism and counter-extremism legislation and practices into full compliance with its obligations under the Covenant, inter alia by revising the relevant legislative provisions with a view to clarifying and narrowing the broad concepts referred to above, to ensure that they comply with the principles of legal certainty and predictability and that the application of such legislation does not suppress protected conduct and speech 47.The Committee is concerned about undue restrictions on the exercise of freedom of religious belief, including in the 2011 Law on Religious Activity and Religious Associations, such as the mandatory registration of religious organizations, the ban on unregistered religious activities, and the restrictions on the importation and distribution of religious materials. The Committee is further concerned about the use of broadly formulated crimes and administrative offences in the Criminal Code, including of articles 174 and 404, the Administrative Code, and the legislation on combating extremism to punish individuals exercising their freedom of religion and belief with severe sanctions. 48.The State party should guarantee the effective exercise of the freedom of religion and belief and freedom to manifest a religion or belief in practice. It should consider bringing article 22 of its Constitution in line with the Covenant and revise all relevant laws and practices with a view to removing all restrictions that go beyond the narrowly construed restrictions permitted under article 18 of the Covenant. Also shared the Organization for Security and Co-operation in Europe (OSCE) call for Kazakhstan to make revisions to the Religion Law. The call came in its Preliminary Opinion on the Draft Amendments to the Legal Framework On Countering Extremism and Terrorism in the Republic of Kazakhstan, issued on 6 October 2016: 80. UN human rights monitoring bodies have recently reiterated their concerns about undue restrictions on the exercise of the right to freedom of religion or belief imposed by the 2011 Law On Religious Activities and Religious Associations of Kazakhstan the Law On Religious Activities and Religious Associations should be revised to ensure that religious groups/organizations can be formed and operate freely even in the absence of registration or without the States prior approval.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2016 · fourth_quarter · Q4
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2016 · fourth_quarter · Q4
Made contacts in support of H.R. 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. But also made contacts in support of the following revision: Expanding the elderly release provision to include prisoners who are 60 years of age and have completed 2/3 of their sentence. Also made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But also made contacts to support the following revision: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years. Specific fraud exclusions have been added to the bill, making this general fraud exclusion unnecessary.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2016 · third_quarter · Q3
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015; and on behalf of 64 organizations and individuals, including the client, who signed a multi-faith letter in support of S. 2878, the Frank R. Wolf International Religious Freedom Act; made contacts in support of a swift markup of either H.R. 1150 or S. 2878 in the Senate Foreign Relations Committee, and in support of Senate passage. We believe H.R. 1150/S. 2878 strengthens IRFA at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 74% of the worlds population live in countries with a high or very high overall level of restriction on religion in 2014, up from 68% in 2007. The Frank R. Wolf International Religious Freedom Act would: Give the Administration and the State Department new political tools, strengthen the standing of the International Religious Freedom Office and the Ambassador-at-Large for International Religious Freedom by making clear that the Ambassador reports directly to the Secretary of State. Clarify the Ambassador-at-Larges role in distributing project grants to protect religious freedom globally. Create a Special Watch List and automatic downgrade to a Country of Particular Concern (CPC) for states on the list for three straight years. Clarify that CPC designations will occur annually. Require designation of non-state actors as Entities of Particular Concern. Direct the President to focus sanctions on individuals who carry out or order religious restrictions. Set a floor at 25 full-time employees in the International Religious Freedom Office. Require curriculum for training all Foreign Service Officers in the strategic value of international religious freedom. Prioritize IRF programming for groups that seek to strengthen investigations, reporting, and monitoring of religious freedom violations, including genocide. H.R. 1150 passed out of the House by voice vote on May 16. The passage and implementation of H.R. 1150/S. 2878 will result in a strengthened IRFA, as well the integration of this foundational human right into U.S. foreign policy and national security strategies. In so doing, the United States will send a clear and urgent message regarding the inherent dignity of every human being, while advancing global security in the fight against persecution, religious extremism and terrorism. This legislation is consistent with the best of our values, and has the added benefit of practically protecting our national interests as well. On behalf of 42 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the appointment of a Special Envoy for Nigeria and the Lake Chad Region directly reporting to Assistant Secretary of State Linda Thomas-Greenfield in order to address the multi-faceted reality of Boko Haram, Fulani militants, security and humanitarian aid. The situation in northeastern and central Nigeria and the Lake Chad region as a whole is rapidly deteriorating. There is a growing security and humanitarian crisis threatening to fracture and destabilize Nigeria, the largest economy in Africa, and now expanding to the whole Lake Chad Region. This crisis cannot be left unaddressed. Thousands are suffering as victims of violent extremism. Whole villages have been burned to the ground with families forced to live in caves to elude terrorists. There are 2.2 million official Internally Displaced Persons (IDPs). However, since many IDPs live outside of formal camp structures, the actual number is thought to be closer to 5-7 million. This is a staggering number of people forced out of their communities, deprived of their livelihoods, separated from education opportunities, and left without access to proper healthcare and psycho-social care. We believe the complexity of addressing these real and multi-faceted humanitarian exigencies alone warrants a Special Envoy. The emerging security threat in the Nigerian Middle Belt further augments the critical urgency to appoint a Special Envoy. Since 2014, Fulani militants have been escalating their engagements across the Middle Belt and are now launching attacks in the south of the country. In the past 16 months there have been 55 separate Fulani militant attacks in 14 different states resulting in over 1,000 deaths. Many of these involved sustained offensives, sophisticated weaponry, and targeted religious and ethnic minority communities under the banner of creating grazing territory. Should Nigeria further fracture it would constitute one of the greatest security threats in West Africa. A Special Envoy for Nigeria and the Lake Chad Region directly reporting to Assistant Secretary of State Linda Thomas-Greenfield could relate to Boko Haram, Fulani militants, security and humanitarian aid. It is our firm belief that the United States has a vested interest in confronting one of the worst humanitarian crisis of our day and working to prevent the further unraveling of Nigeria, the country with both the largest Christian and largest Muslim population in Africa. On behalf of 31 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of House Resolution 290, a bi-partisan measure that promotes the rights to freedom of religion, belief and expression by calling for the global repeal of blasphemy laws. We all agree that blasphemy laws are antithetical to modern, prosperous societies, and must be abolished worldwide. Blasphemy laws are used to silence internal critics and alternative interpretations of the faith of the majority religious community, causing minority religious groups and the non-religious to suffer terribly. In an era when fundamentalist religious belief is leading to terror attacks and armed struggles throughout the world, it is more important than ever that we protect freedom of religion and belief. Blasphemy laws do precisely the opposite. H. Res 290 recognizes that many countries have blasphemy laws that punish expression deemed blasphemous and that blasphemy laws are inconsistent with international human rights standards, as they protect beliefs over individuals and often result in violations of the freedoms of religion and expression. The resolution also: Calls upon the President and State Department to make the repeal of blasphemy laws a priority in its bilateral relationships with all countries that have such laws through direct interventions in capitals and multilateral fora; Encourages the President and State Department to oppose any efforts at the United Nations or other international or multilateral fora to create an international anti-blasphemy norm, or to expand the international norm on incitement to include blasphemy or defamation of religions; Urges the President and State Department to designate Pakistan and Egypt each as a country of particular concern under the International Religious Freedom Act for perpetrating and tolerating particularly severe violations of religious freedom; and Urges the governments of Pakistan, Saudi Arabia, Egypt and other countries to amend or repeal their blasphemy laws, to release unconditionally persons imprisoned on charges of blasphemy and, once released, ensure their safety and that of their families. Blasphemy laws and similar restrictions on speech regarding religion exist in at least 44 countries, according to the Pew Research Center. Pew has also found that countries with laws against blasphemy, and apostasy were more likely to have high government restrictions on religion, as well as social hostilities based on religion, than countries that do not have such laws. The United States government is in a unique position to promote the rights to freedom of religion, belief, and expression around the world. This country was founded on respect for the principles of religious freedom and tolerance for difference of opinion, and as a leader in the global community we have a moral duty to advance these principles around the world. Congress in particular can play a significant role in promoting freedom of religion, belief, and expression around the world by passing H. Res 290, which would bring more attention to the troubling use of blasphemy laws and related measures, place deserved attention on worst offenders, and press the administration to make their repeal a more central focus of their foreign policy. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of inclusion of an amendment in the FY17 State and Foreign Operations Appropriations bill that would permit more robust U.S. support of International Criminal Court cases, including those involving religious persecution. The United States has long been a champion of accountability and justice for perpetrators of atrocity crimes, including in Nazi Germany, the former Yugoslavia, Rwanda, Sierra Leone, and Cambodia. The passage of this amendment will further solidify American leadership on the rule of law and human rights, and, of particular interest to us, will allow the U.S. to promote accountability and justice in conflict situations involving religious freedom abuses. The International Criminal Court (ICC or Court) is the worlds only permanent international tribunal mandated to investigate and prosecute atrocity crimes. The ICCs governing statute specifically includes religious persecution as a punishable offense within the three core atrocity crimes that the Court prosecutes - genocide, crimes against humanity, and war crimes - and religiously motivated crimes are implicated in six of the nine country situations currently before the Court. In light of the ICCs mandate to prosecute perpetrators of religious persecution, and as a result of the recognition that the Court serves to protect core religious values, including justice, bearing witness, redress, protecting the vulnerable, and helping to lay the foundation for durable peace, many faith-based organizations from diverse cultural, social, and political backgrounds support the work and mission of the ICC. Moreover, the U.S. has been broadly supportive of all of the ICCs cases, as they are consistent with U.S. national interests. For instance, the State Departments Rewards for Justice Program was created in 1984 and has been used for over 30 years to help apprehend and prosecute international criminals. In 2013, Congress passed a bipartisan expansion of this program to allow for the payment of up to $5 million to individuals who provide information that leads to the capture of ICC fugitives. Yet, an outdated provision of U.S. law hampers Americas ability to provide the full array of professional, logistical, and other resources to ICC cases. Presently, the U.S. can only provide limited, in-kind support to the ICC on a case-by-case basis. This results in the U.S. being unable to provide the ICC with the resources needed to bring to justice perpetrators of atrocities, including the most egregious abuses of international religious freedom. Essentially, this means that the hands of the U.S. government are tied when it comes to assisting in crucial efforts to prosecute atrocity crimes, including religious persecution. The language we are supporting, a proposed Atrocity Accountability Amendment (Amendment), would make a moderate, limited, and narrowly-tailored change to U.S. law that would allow the U.S. to provide to the ICC the same type of critical support that it provided to the Rwanda, former Yugoslavia, and other international tribunals. This change would ensure that Americas options in the fight against atrocities are not artificially restricted and would give the U.S. more tools in its toolbox to counter impunity, promote accountability, and contribute to justice and peacebuilding efforts. This change could, for instance, mean that the U.S. could offer finances for additional investigators, witness protection assistance, sophisticated law enforcement technologies, and expert scientists and other professionals to the ICCs current investigation of Boko Harams atrocities in Nigeria, religious persecution in the Central African Republic, and Joseph Kony and the Lords Resistance Army in Uganda and other areas - all cases which the United States has a principled and strategic interest in supporting, especially where national security concerns are implicated. The limitation existing under current law should be of serious concern to the United States because, in many cases, the ICC is the only mechanism available to hold individuals accountable for their commission of religiously-motivated atrocities. Indeed, in its 2015 and 2016 Annual Reports, the U.S. Commission on International Religious Freedom (USCIRF) recommended that the U.S. push for a UN Security Council Resolution that refers atrocities committed by the so-called Islamic State to the ICC. In recent congressional testimony before the Tom Lantos Human Rights Commission, the then-chair of USCIRF specifically recommended the change to U.S. law that the Amendment would make. Earlier this year, the House unanimously passed a resolution declaring the atrocities being committed against religious and ethnic minorities in Iraq and Syria to be genocide and crimes against humanity, and calling for prosecution of these crimes. Passing the Amendment is one of the most concrete and readily available ways in which the House can promote the accountability sought in its resolution, as the change it makes would allow the U.S. to more meaningfully support efforts to bring Islamic State perpetrators of atrocities to justice through the ICC. These efforts would apply not only to Iraq and Syria, but also to Islamic State atrocities in Libya, where the ICC currently has jurisdiction. On behalf of 93 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our deep concern about Federal Laws â„- 374-ФÐ-- and 375-ФÐ--, On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation to establish additional measures to counter terrorism and ensure public safety (the Federal Anti-Terrorism Law); and urge U.S. government leaders to engage the Russian government and urge its leaders to ensure the Federal Anti-Terrorism Law is not used against peaceful spiritual groups. The Federal Anti-Terrorism Law further restricts religious freedom. We are particularly concerned about the amendments that introduce an entire new section to the Religion Law, imposing strict limits on sharing beliefs, including where and who may share them, and increase extremism punishments. We are aware of the fact that Russia has to be vigilant in order to prevent extremism, violence and terrorism. But you must fully consider and understand the impact of these amendments on social cohesion and national security. The need to counter violent extremism is pressing, but cracking down on religious freedom is a dangerous and counterproductive response. This conclusion is increasingly bolstered by empirical research. An exhaustive study by academics from Harvard, Notre Dame and Georgetown found that religious communities are most likely to support democracy, peace and freedom for other faiths, and least likely to take up the gun or form dictatorships, when governments allow them freedom to worship, practice and express their faiths freely and when religious communities in turn renounce their claims to permanent offices or positions of policy-making authority. Dr. Brian Grim, a noted expert on society, the economy and religion, has found a strong correlation between government restrictions on religion and religiously-motivated violence. Further, the Federal Anti-Terrorism Law poses threats to the fundamental human rights and freedoms that are guaranteed by Russias Constitution and its international human rights obligations, including the International Covenant on Civil and Political Rights, the Organization for Security and Co-operation in Europe (OSCE) human dimension commitments, the European Convention on Human Rights, and the Vienna Convention on the Law of Treaties. When evaluated within these legal frameworks, the Federal Anti-Terrorism Law raises a number of serious problems. It restricts the dissemination of beliefs in public to registered groups and organizations, and bars even informal sharing of beliefs by individuals acting on their own behalf. Perhaps most concerning, it restricts the beliefs that can be shared, limits the places where sharing beliefs can happen and explicitly bans sharing beliefs in residential buildings, "except as provided for by Article 16, Part 2 of [the Religion Law]." Article 16, Part 2, states that worship services and other religious rites and ceremonies may be freely held in residential premises, as well as in premises owned or rented by religious organizations. It is therefore unclear what this part of the amendment will mean in practice. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstans international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision against Kazakhstan. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. 11.In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide the author with an effective remedy, including review of his conviction and review of the cancellation of his residence permit. The State party is also under an obligation to prevent similar violations in the future. 12.Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether or not there has been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory or subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy when a violation has been established, the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committees Views. The State party is also requested to publish the present Views, to have them translated into the official languages of the State party, and to have them widely disseminated. Finally, shared an International Religious Freedom Roundtable submission to the UN Human Rights Committee. Provided this submission to the UN Human Rights Committee in connection with its consideration of the second periodic report of Kazakhstan regarding its compliance with the ICCPR on 22 and 23 June 2016. It lays out our concerns related to Kazakhstan and Article 18 - freedom of religion-and our recommendations. The purpose of this submission was to summarize to date the IRF Roundtable engagement with the Kazakh government and interactions with the UN Special Rapporteur regarding religious freedom in Kazakhstan in light of the deteriorating situation, hopeful that a meaningful dialogue might be renewed-one that does not demonize the government or civil society. We believe this dialogue can be helpful in maintaining stability and peace in Kazakhstan while bringing the Religion Law and related articles of the Criminal and Administrative Codes closer to compliance with UN international standards articulated in the International Covenant on Civil and Political Rights (ICCPR).
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2016 · third_quarter · Q3
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2016 · third_quarter · Q3
Made contacts in support of H.R. 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. But also made contacts in support of the following revision: Expanding the elderly release provision to include prisoners who are 60 years of age and have completed 2/3 of their sentence. Also made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But also made contacts to support the following revision: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years. Specific fraud exclusions have been added to the bill, making this general fraud exclusion unnecessary.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2016 · second_quarter · Q2
On behalf of 14 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge congressional leaders to ensure final passage of Freedom of Information Act (FOIA) reform legislation in time to be signed into law on July 4, 2016, the 50th Anniversary of the original FOIA. This legislation is important because FOIA remains a powerful tool for the public and the press to obtain information about their government, create and preserve government accountability, promote transparency, and ensure the efficiency and effectiveness of government policies and actions. Yet, FOIA requesters are facing persistent problems. In June, the House Oversight and Government Reform Committee held two days of hearings that showed how federal agencies are not fulfilling their FOIA obligations in the way Congress intended. The Committee heard from witnesses who documented long delays and procedural hurdles they face when using FOIA. FOIA must be updated to keep up with changing technology, to overcome an increasingly persistent mindset within federal agencies that information belongs to the government rather than the people, and to ensure that information withheld based on the deliberative process exemption is made available to the public after 25 years. Faith-based, secular and human rights organizations that advocate on a variety of issues, such as international religious freedom, human rights, criminal justice reform and human trafficking, often use FOIA to monitor, evaluate and understand the executive decision-making processes that drive government policies and actions. This helps us exercise our global and national citizenships more responsibly as we perform our humanitarian work to contribute to the betterment of society. Both the House and Senate have now approved bipartisan FOIA Reform Bills which are similar but not identical. On January 11, 2016, the House passed H.R. 653, the FOIA Oversight and Implementation Act of 2016, or FOIA Act, by voice vote; and On March 15, 2016, the Senate passed S. 337, the FOIA Improvement Act of 2016, by Unanimous Consent. And on March16, 2016, this bill was received in the House and held at the desk. We hope the House and Senate will be able to work out the differences in these bills in the next few weeks. But if the differences cannot be ironed out in a timely fashion, we urge you to move forward and put S. 337 on the House floor for a vote on final passage, and then send it to the President for his signature on July 4. S. 337 will strengthen FOIA in a number of ways, including: It contains similar provisions to those passed by the House, including codification of the presumption of openness and prohibition of the withholding of records unless agencies can identify a foreseeable harm to one of the interests protected by FOIAs nine exemptions, or release of the documents is specifically prohibited by law. Importantly, the Senate Bill does not mandate the withholding of records that would adversely affect intelligence sources and methods. That language was included in the House Bill and could arguably lead to greater secrecy. The language is also unnecessary because intelligence sources and methods are already protected by FOIA Exemptions 1 and 3. The Senate Bill, like the House Bill, includes a time limit for how long agencies can withhold records that chronicle internal agency deliberations. Specifically, the bill prohibits agencies from withholding documents under the deliberative process privilege if they are more than 25 years old. This provision is an attempt to limit agencies reliance on Exemption 5, which has earned the nickname the withhold it because you want to exemption because it is so often misused to withhold records. The Senate Bill places an emphasis on technology by calling for the creation of a central online FOIA portal that would allow the public to request records from multiple agencies simultaneously, and bolstering requirements for agencies to proactively disclose records in electronic formats. Finally, the bill limits agencies ability to charge fees to FOIA requesters when they fail to fulfill the request within the statutes 20-day response deadline.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2016 · second_quarter · Q2
In the direction of comprehensive criminal justice reform at the federal level: Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2016 · second_quarter · Q2
Made contacts in support of H.R. 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. But also made contacts in support of expanding the elderly release program to include prisoners who are 60 years of age and have completed 2/3 of their sentence. Also made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But also made contacts to support the following revision: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years. Specific fraud exclusions have been added to the bill, making this general fraud exclusion unnecessary.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2016 · first_quarter · Q1
On behalf of 73 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H. Con. Res. 75, a resolution expressing the sense of Congress that those who commit or support atrocities against Christians and other ethnic and religious minorities, including Yezidis, Turkmen, Sabea-Mandeans, Kaka`e, and Kurds, and who target them specifically for ethnic or religious reasons, are committing, and are hereby declared to be committing, `war crimes', `crimes against humanity', and `genocide'. Since the emergence of the self-proclaimed Islamic State in Iraq and Syria, Christians and other religious minorities including Yezidis, Turkmen, Sabea-Mandeans, Kakae, Kurds, and Shia, have been targeted for extermination and forced to flee their homelands. The atrocities perpetrated against these vulnerable groups shock the conscience of civilized humanity. They have been systematically murdered and subjected to grievous bodily harm and psychological harm, including sexual slavery and abuse inflicted in a deliberate and calculated manner. ISIS is committing genocide against religious groups that do not conform to ISISs totalitarian definition of true Islam. The United States government and the global community must universally acknowledge the genocide that is taking place against religious minorities in Iraq and Syria. Without a swift and decisive response from the international community, the lives and ancient cultural heritage of these minorities could be eradicated from the Middle East completely. It is our belief that officially declaring and subsequently halting this genocide and its spread is a matter of vital moral and strategic importance for the United States, the international community, and the overall state of religious freedom around the world. On March 14, 2016, this resolution passed the House on motion to suspend the rules and agree to the resolution. Agreed to by the Yeas and Nays: (2/3 required): 393 - 0. On behalf of 112 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the U.S. government to declare the Islamic States systematic destruction of the ancient religious minority communities in Iraq and Syria including Christians-Assyrians/Chaldeans/Syriacs, Copts, etc.-Yazidis, Shia Muslims, Turkmen (Shia), Shabak and others to be genocide. There is a growing chorus of political and faith leaders, genocide scholars, human rights experts and numerous Iraqi and Syrian, Christian and Yazidi firsthand testimonies recognizing that the most accurate description for the atrocities unfolding at the initiative of the Islamic State is genocide. We believe that without a formal declaration the U.S. Government has abdicated its duty and vow to confront the most heinous of human rights violations, namely genocide. The Administration has a tremendous opportunity to extend American leadership at a crucial time on behalf of the ancient religious and ethnic minority communities who are experiencing the most brutal reality imaginable - genocide. In their most recent report, the Office of the United Nations High Commissioner for Human Rights and the United Nations Assistance Mission for Iraq - Human Rights Office stated clearly that ISIL continue to target members of different ethnic and religious communities, expounding further [t]hese acts appear to form part of a systematic and widespread policy that aims to suppress, permanently expel, or destroy many of these communities within ISIL areas of control. On February 4, 2016, the European Parliament adopted a resolution designating the crimes the Islamic State has committed against ethnic and religious minorities as genocide. In the declaration, they remind other signatories of the 1948 U.N. Convention on the Prevention and Punishment of the Crime of Genocide to acknowledge the crimes of the Islamic State and to coordinate with the larger international community. At this critical juncture, a designation of genocide by the United States would strengthen the actions of the international community and further extend American leadership. Time and again the Islamic State has committed crimes with the intent to destroy, in whole or in part, the ethnic and religious minority communities of Iraq and Syria. The world is watching and clear moral leadership by the Administration is needed to declare and subsequently stop such atrocities in order to preserve these ancient communities. It is our belief that officially declaring and subsequently halting this genocide is a matter of vital moral and strategic importance for the United States, the international community, and the overall state of religious freedom around the world. On March17, 2016, Secretary of State John Kerry said that the United States has determined that the Islamic State is carrying out genocide against Christians and other religious groups in the Middle East. On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015; and in support of a markup in the House Foreign Affairs Committee. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2016 · first_quarter · Q1
Made contacts in support of H.R. 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. Specifically, made contacts in support of recidivism reduction programs, productive activities and real jobs; and earned time credits for federal prisoners. Supported time credits of up to 30 days for each period of 30 days of programming that they successfully complete for prisoners who are a low risk of recidivism. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications. Also made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But made contacts to support the following revision: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2016 · first_quarter · Q1
In the direction of comprehensive criminal justice reform at the federal level: Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties. HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance). The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history. It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors. It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl. The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010. HR 759 does the following: Strengthens Public Safety: The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence. Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others. Enhances Prison Security: The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level. The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms. The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers. Provide Inmates the Help They Need: The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs. It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment. The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law. The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others. Protects Civil Liberties: The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2015 · fourth_quarter · Q4
On behalf of 112 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge support and the swift passage of S. 1798, the United States Commission on International Religious Freedom (USCIRF) Reauthorization Act of 2015. We believe S. 1798 strengthens USCIRFs mandate and the tools at its disposal, while providing a much-needed six-year authorization at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 77% of the worlds population live in countries with a high or very high overall level of restriction on religion in 2013, up from 76% in 2012 and 68% in 2007. This bill passed the House by voice vote on October 6, 2015, and was signed by the President on October 16. It became Public Law No: 114-071. On behalf of 145 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our grave concern for religious minorities, among them Yezidis, Christians and Shia Muslims, at the hands of the Islamic State; and to urge U.S. government leaders to formally declare the systematic destruction of these ancient communities a genocide. Mounting evidence indisputably shows the Islamic States ongoing genocidal campaign in the Middle East through its attempts to create a global caliphate devoid of religious freedom and diversity. For more than a year, the news headlines have been replete with stories of almost unimaginable human suffering caused by the Islamic State. Religious minorities in these lands, among them the ancient Christian, Yezidi and Shia Muslim communities, have suffered grave injustices: displacement, forced conversion, kidnapping, rape and death. Furthermore, the intent to commit genocide can be clearly seen in the Islamic States ideology, as outlined in its propaganda, which calls for the eradication or subjugation of those who do not conform to the groups ideology. In Iraq, this has manifested most blatantly in the insurgencys treatment of religious and ethnic minorities, members of whom have been killed, tortured, kidnapped, raped, enslaved, brainwashed, forcibly converted and/or driven from their ancient homelands. Under the Islamic State, religious minorities now face an existential crisis and live on the edge of extinction in the lands that many have inhabited since antiquity. These communities will continue on a trajectory of tragic and precipitous decline into eventual non-existence without swift moral leadership on behalf of the administration and the international community. It is our belief that officially declaring and subsequently halting this genocide and its spread is a matter of vital moral and strategic importance for the United States, the international community, and the overall state of religious freedom around the world. Perhaps equally as important, such a declaration will give a stronger voice to the long-suffering victims while furthering and sharpening ideological engagement against those currently at the forefront of this campaign. On behalf of 73 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H. Con. Res. 75, a resolution expressing the sense of Congress that those who commit or support atrocities against Christians and other ethnic and religious minorities, including Yezidis, Turkmen, Sabea-Mandeans, Kaka`e, and Kurds, and who target them specifically for ethnic or religious reasons, are committing, and are hereby declared to be committing, `war crimes', `crimes against humanity', and `genocide'. Since the emergence of the self-proclaimed Islamic State in Iraq and Syria, Christians and other religious minorities including Yezidis, Turkmen, Sabea-Mandeans, Kakae, Kurds, and Shia, have been targeted for extermination and forced to flee their homelands. The atrocities perpetrated against these vulnerable groups shock the conscience of civilized humanity. They have been systematically murdered and subjected to grievous bodily harm and psychological harm, including sexual slavery and abuse inflicted in a deliberate and calculated manner. ISIS is committing genocide against religious groups that do not conform to ISISs totalitarian definition of true Islam. The United States government and the global community must universally acknowledge the genocide that is taking place against religious minorities in Iraq and Syria. Without a swift and decisive response from the international community, the lives and ancient cultural heritage of these minorities could be eradicated from the Middle East completely. It is our belief that officially declaring and subsequently halting this genocide and its spread is a matter of vital moral and strategic importance for the United States, the international community, and the overall state of religious freedom around the world. Client was one of 27 organizations and individuals who signed a multi-faith letter, which was used in contacts to support an Atrocity Accountability Provision (Provision) during negotiations on the FY16 State and Foreign Operations Appropriations bill (section 7047(b) of S.1725, the Senate reported version of the FY16 State, Foreign Operations bill). The United States has long been a champion of accountability and justice for perpetrators of atrocity crimes, including in Nazi Germany, the former Yugoslavia, Rwanda, Sierra Leone, and Cambodia. The passage of this Provision will further solidify American leadership on the rule of law and human rights, and, of particular interest to us, will allow the U.S. to promote accountability and justice in conflict situations involving religious persecution. The International Criminal Court (ICC or Court) is the worlds only permanent international tribunal mandated to investigate and prosecute atrocity crimes. The ICCs governing statute specifically includes religious persecution as a punishable offense within the three core atrocity crimes that the Court prosecutes - genocide, crimes against humanity, and war crimes - and religious freedom abuses are implicated in six of the eight country situations currently before the Court. In light of the ICCs mandate to prosecute perpetrators of religious persecution, and as a result of the recognition that the Court serves to protect core religious values, including justice, bearing witness, redress, and protecting the vulnerable, many faith-based organizations from diverse cultural, social, and political backgrounds support the work and mission of the ICC. Moreover, the U.S. has been broadly supportive of all of the ICCs cases, as they are consistent with U.S. national interests. The Provision fills a gap in U.S. law that hampers Americas ability to provide the full array of professional, logistical, and similar resources to ICC cases. Current law permits the U.S. to provide only limited, in-kind support to the ICC on a case-by-case basis, provided such support is already paid for by another non-ICC related appropriation - which, unfortunately, is a rare occurrence. This means that the U.S. cannot appropriate new funds or allocate existing funds to finance American support of ICC cases, even when such support has been determined to be in the American interests. This results in the U.S. being unable to provide the ICC with particular expertise and resources needed to bring to justice perpetrators of atrocities, including the most egregious abuses of international religious freedom. This limitation should be of serious concern to the United States because, in many cases, the ICC is the only mechanism available to hold individuals accountable for their commission of religiously-motivated atrocities. Indeed, the U.S. Commission on International Religious Freedom recently recommended that the U.S. push for a United Nations Security Council Resolution that refers ISIS atrocities to the ICC. The Provision would fill this gap by enabling the U.S. to provide to the ICC the same type of critical support that it provided to the former Yugoslavia and Rwanda tribunals. On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to promote the idea of a public briefing event to engage leaders of the Kazakhstan government and discuss deep concerns about the 2011 Law on Religious Activity and Religious Associations in light of the recent Report of the United Nations Special Rapporteur on freedom of religion or belief on his Mission to Kazakhstan. Certain provisions of the 2011 Religion Law are inconsistent with both Kazakhstans Constitution and the International Covenant on Civil and Political Rights (ICCPR). The Special Rapporteur made several substantive, reasonable and fair recommendations to bring the Constitution and Kazakh law fully into line with Article 18 of the ICCPR and other relevant international human rights standards. The Kazakh government could be urged to make these changes to the law.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2015 · fourth_quarter · Q4
In the direction of comprehensive criminal justice reform at the federal level: Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains: Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive. Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive. Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively. Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders. Section 107. New Mandatory Minimum for Interstate Domestic Violence. Section 108. New Mandatory Minimum for Certain Export Control Offenses Section 109. Report and Inventory of All Federal Criminal Offenses TITLE 2: THE CORRECTIONS ACT Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody. Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry. Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence. Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts. Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years. Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison. Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life. Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison. Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions. Also made contacts in support of HR 759, the Recidivism Risk Reduction Act, a bill to enhance public safety by improving the effectiveness and efficiency of the Federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. This bill: Directs the Attorney General to: (1) develop a Post-Sentencing Risk and Needs Assessment System; (2) make recommendations regarding recidivism reduction programs and productive activities (programs); (3) conduct ongoing research and data analysis on the best practices relating to the use of offender risk and needs assessment tools, the best available tools, the most effective and efficient uses of such tools, and the most effective programs for prisoners classified at different recidivism risk levels and for addressing the specific needs of prisoners; (4) develop risk and needs assessment tools for such System based on such research and analysis; and (5) review the System, recommendations, and research biennially to determine whether any revisions or updates should be made. Requires the System to provide: (1) tools to classify the recidivism risk level of prisoners and assign appropriate programs, reassess such risk level periodically and make appropriate reassignments, and determine when a prisoner is ready to transfer into pre-release custody; (2) guidance on the programs that should be assigned for each classification of prisoner; (3) incentives and rewards for prisoners to participate in and complete programs, including family phone and visitation privileges, time credits, and transfers into pre-release custody; and (4) guidelines for the Bureau of Prisons to reduce rewards earned by prisoners who violate prison or program rules. Bars prisoners convicted of specified offenses from receiving time credits. Directs the Attorney General to: (1) develop training programs for Bureau officials and employees responsible for administering the System; (2) monitor and assess the use of the System; (3) review the effectiveness of existing programs in prisons operated by the Bureau and in state-operated prisons; and (4) make recommendations to the Bureau regarding the expansion of programming and activity capacity, the replication of effective programs, and the addition of any new programs that would help to reduce recidivism. Directs the Bureau to: (1) implement the System and complete a risk and needs assessment for each prisoner; (2) expand the effective programs it offers and add any new ones necessary to effectively implement the System; (3) phase in such programs according to a specified schedule; and (4) develop policies for the warden of each prison to enter into partnerships with specified nonprofit organizations, institutions of higher education, and private entities to expand such programs. Sets forth procedures for the transfer into pre-release custody of a prisoner classified as having a low risk of recidivating.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2015 · fourth_quarter · Q4
Made contacts in support of H.R. 759, the Recidivism Risk Reduction Act, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. Specifically, support recidivism reduction programs, productive activities and real jobs; and earned time credits for federal prisoners. Support time credits of up to 30 days for each period of 30 days of programming that they successfully complete for prisoners who are a low risk of recidivism. Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. Specifically supported the following sections of this bill: Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence. Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors. Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions. But made contacts to support the following revisions: The removal of the exclusion for a federal fraud offense for which the prisoner received a sentence of imprisonment of more than 15 years; and the removal of the exclusion for obstruction of justice. A prisoner who is classified as low risk of recidivism shall receive additional time credits of 10-20 days for each period of 30 days of successful completion of such program or activity. The risk and needs assessment system would be greatly improved by allowing the system to be developed in two phases: 1) develop the intake assessment tool within 180 days; and 2) develop the reassessment tool and the prerelease custody tool over 30 months. The risk and needs assessment system would be greatly improved by allowing the system to be implemented in two phases: 1) determine the risk level and criminogenic needs of each prisoner not later than 180 days after the date on which the AG develops the intake assessment tool; and 2) begin the regular reassessments and updates of the assessments of each prisoner not later than 12 months after the date on which the AG develops the reassessment tool and the prerelease custody tool. The recidivism reduction programming and productive activity expansion period should be 5 years. The standard for court denial of the transfer of a prisoner to prerelease custody should be clear and convincing evidence of the prisoner's actions after the conviction of such prisoner and not based on evidence from the underlying conviction. BOP should be penalized if they fail to implement the system or complete a risk and needs assessment for each prisoner, or fail to expand the recidivism reduction programs and productive activities offered by the BOP and add any new recidivism reduction programs and productive activities necessary to effectively implement the System. The penalty should be: salaries and expenses for the Central Office (Headquarters) of the BOP shall be reduced to the amount equal to 95 percent of the amount available for such salaries and expenses for the most recent fiscal year.
GENERAL BOARD OF CHURCH AND SOCIETY OF THE UNITED METHODIST CHURCH via THE MITCHELL FIRM, INC.
2015 · fourth_quarter · 4T
Made contacts to promote S. 2123, the Sentencing Reform and Corrections act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bipartisan compromise legislation includes both thoughtful, targeted federal sentencing reforms and federal prison reforms. Specifically supported the following sentencing reforms contained in the bill: The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. This provision will apply retroactively. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This bill ensures the retroactive application of that law to certain offenders.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2015 · third_quarter · Q3
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result. On behalf of 112 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge support and the swift passage of S. 1798, the United States Commission on International Religious Freedom (USCIRF) Reauthorization Act of 2015. We believe S. 1798 strengthens USCIRFs mandate and the tools at its disposal, while providing a much-needed six-year authorization at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 77% of the worlds population live in countries with a high or very high overall level of restriction on religion in 2013, up from 76% in 2012 and 68% in 2007. At the same time, made contacts against S. 1860, the Further Independence of Religion for Security and Tolerance Freedom Act of 2015. We believe S. 1798 is better suited to advance freedom of religion or belief. While S. 1860 includes significant refugee-related provisions that many of us support, some of these provisions are part of an ongoing debate which is unlikely to be resolved prior to the rapidly-approaching expiration of USCIRFs current authorization. As such, we believe consideration of such provisions should be delinked from the current reauthorization process. Additionally, many of the USCIRF-related provisions in S. 1860 are deeply concerning and could potentially undermine USCIRFs vital work. On behalf of 112 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge support and the swift passage of S. 2078, the United States Commission on International Religious Freedom (USCIRF) Reauthorization Act of 2015. S. 2078 reauthorizes the U.S. Commission on International Religious Freedom (USCIRF) through FY2019. S. 2078 passed the Senate without amendment by Unanimous Consent. On behalf of 34 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge support and the swift passage of H. Res. 290, which calls for the global repeal of blasphemy laws. These laws punish expression deemed blasphemous (contemptuous of God or sacred things), defamatory of religion, or insulting to religion or religious symbols, figures, or feelings. Not only do they threaten the individual right to the freedoms of religion and expression, they also violate international standards, including Article 18 of the International Declaration of Human Rights, which affirms that everyone has the right to freedom of thought, conscience, and religion. These bans also inappropriately position governments as arbiters of truth or religious rightness as they empower officials to enforce particular religious views against individuals and minorities. H. Res. 290 calls on the President and the State Department to prioritize the repeal of blasphemy laws. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the United States government to engage leaders of the Kazakhstan government and express deep concerns about the 2011 Law on Religious Activity and Religious Associations in light of the recent Report of the United Nations Special Rapporteur on freedom of religion or belief on his Mission to Kazakhstan. Certain provisions of the 2011 Religion Law are inconsistent with both Kazakhstans Constitution and the International Covenant on Civil and Political Rights (ICCPR). The Special Rapporteur made several substantive, reasonable and fair recommendations to bring the Constitution and Kazakh law fully into line with Article 18 of the ICCPR and other relevant international human rights standards. The U.S. government could urge the Kazakh government to make these changes to the law.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2015 · third_quarter · Q3
In the direction of comprehensive criminal justice reform at the federal level: Made contacts in support of S. 467, the CORRECTIONS Act, plus a package of thoughtful sentencing reforms that will attract sufficient bipartisan consensus to pass into law. S. 467, the `Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System Act of 2015' or the `CORRECTIONS Act', a bill to reduce recidivism and increase public safety. The bill: Requires all eligible offenders to undergo regular risk assessments to determine whether an offender has a low, medium, or high-risk of re-offending; Excludes all sex offenders, terrorism offenders, violent offenders, repeat offenders, major organized crime offenders, and major fraud offenders from earning credits under the program; Encourages participation in recidivism reduction programs and productive activities, like prison jobs; Contains no new authorized spending, and requires the Bureau of Prisons to partner with faith-based groups and non-profits; Allows earned time credits for low-risk prisoners of up to 10 days for every 30 days that the prisoner is successfully completing a reoffender reduction program or productive activity; Allows medium risk prisoners to earn a 5 day for 30 day time credit while successfully completing recidivism reduction programs and productive activities -- These offenders would only be able to use these credits if they demonstrate a substantial reduction in their probability of reoffending as a result of participation in programs; Does not allow high risk offenders to use any time credits unless they reduce their risk levels to a lower tier; Would allow certain low risk offenders who demonstrate exemplary behavior to spend the final portion of their earned credit time on community supervision. To attract sufficient bipartisan consensus, sentencing reforms must be thoughtful and targeted to specific problems. Discussed retroactive application of the Fair Sentencing Act, expansion of the safety valve to include more lower level drug offenders, reducing the use of the 10-year mandatory minimum sentence for lower level drug offenders, reducing sentencing enhancements for prior drug felons under 21 U.S. Code 841 and 851, fixing the worst problems associated with the stacking of sentencing enhancements for firearms under 18 U.S. Code 924(c), and eliminating life sentences for juveniles. Also discussed expansion of elderly release and use of compassionate release. Also began to discuss a big problem that Congress needs to address: the expansion of the federal criminal code and federal regulations and the associated disappearance of mens rea. The Code of Federal Regulations is over 80,000 pages. It is simply beyond the capacity of any person - or even any organization - to keep abreast of this number of regulations. Moreover, because many of these criminal regulations lack sufficient, or any, mens rea element, a person can run afoul of many of those laws without having any knowledge the laws exists or any intent whatsoever of breaking the law. With the explosion of the regulatory state and its use to pursue criminal charges, the mens rea requirement is all the more important. Throwing people in prison who not only lack the intent traditionally required for incarceration but who often pose very little risk to society and have a similarly low risk of recidivism only serves to exacerbate the challenges of an already expensive and crowded prison system.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2015 · third_quarter · Q3
Made contacts in support of H.R. 759, the Recidivism Risk Reduction Act, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. Specifically, support recidivism reduction programs, productive activities and real jobs; and earned time credits for federal prisoners. Made contacts in support of S. 467, the `Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System Act of 2015' or the `CORRECTIONS Act', a bill to reduce recidivism and increase public safety. States across the country have shown that it is possible to cut prison costs while better protecting the public by focusing corrections resources on those offenders who are most likely to commit future crimes and by expanding programs that have been proven to reduce recidivism. The CORRECTIONS Act is bipartisan legislation sponsored that works to implement many of these successful state reforms at the federal level. The bill: Requires all eligible offenders to undergo regular risk assessments to determine whether an offender has a low, medium, or high-risk of re-offending; Excludes all sex offenders, terrorism offenders, violent offenders, repeat offenders, major organized crime offenders, and major fraud offenders from earning credits under the program; Encourages participation in recidivism reduction programs and productive activities, like prison jobs; Contains no new authorized spending, and requires the Bureau of Prisons to partner with faith-based groups and non-profits; Allows earned time credits for low-risk prisoners of up to 10 days for every 30 days that the prisoner is successfully completing a reoffender reduction program or productive activity; Allows medium risk prisoners to earn a 5 day for 30 day time credit while successfully completing recidivism reduction programs and productive activities -- These offenders would only be able to use these credits if they demonstrate a substantial reduction in their probability of reoffending as a result of participation in programs; Does not allow high risk offenders to use any time credits unless they reduce their risk levels to a lower tier; Would allow certain low risk offenders who demonstrate exemplary behavior to spend the final portion of their earned credit time on community supervision.
GENERAL BOARD OF CHURCH AND SOCIETY OF THE UNITED METHODIST CHURCH via THE MITCHELL FIRM, INC.
2015 · third_quarter · Q3
Made contacts to promote bipartisan compromise legislation that includes both thoughtful, targeted federal sentencing reforms and federal prison reforms. In search of bipartisan consensus, discussed: S. 467, the `Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System Act of 2015' or the `CORRECTIONS Act', a bill to reduce recidivism and increase public safety; and Revisions to specific provisions of S. 502, the Smarter Sentencing Act of 2015, a bill to focus limited Federal resources on the most serious offenders. Discussed retroactive applications of the Fair Sentencing Act, expanding the safety valve to include lower level drug offenders, and reducing the use of mandatory minimum sentences for lower level drug offenders. Also discussed reducing sentencing enhancements for prior drug felons under 21 U.S. Code 841 and 851, fixing the worst problems associated with the stacking of sentencing enhancements under 18 U.S. Code 924(c), and eliminating life sentences for juveniles.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2015 · second_quarter · Q2
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result. On behalf of 81 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 2037, the United States Commission on International Religious Freedom Reauthorization Act of 2015. Religious freedom is a principle upon which our country was founded, and protecting it is essential to promoting a more just and free world and also a significant factor of our national security and related global interests. This bill is best suited to advance freedom of religion or belief by, among other provisions, maintaining USCIRFs independence and non-partisan staff, which we believe will protect the Commissions structure and mandate established by Congress in the International Religious Freedom Act (IRFA). The most effective way to ensure the continuity of USCIRFs essential mandate to protect religious freedom worldwide is to pass HR 2037 before the Commissions current authorization expires on September 30, 2015. On behalf of 54 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of the bipartisan, bicameral congressional letter sent to the President requesting that he move swiftly to fill the vacant post of Special Envoy for Religious Minorities in the Middle East and South Central Asia. The news headlines have been dominated recently with stories of almost unimaginable human suffering at the hands of the Islamic State of Iraq and Syria (ISIS). Religious minorities in these lands, among them the ancient Christian and Yezidi communities, have suffered grave injustices: displacement, forced conversion, kidnapping, rape and death. The Islamic State's murderous reach has extended beyond Iraq and Syria. Last summer Congress passed, with broad bipartisan support, legislation to create a Special Envoy for Religious Minorities in the Middle East and South Central Asia. The breadth of support for the legislation underscores the urgency of the perils facing these communities. In the seven months since the legislation became law discrimination, repression and outright violence against religious minorities has only escalated. We respectfully requested that the President swiftly fill the position. Doing so would signal to beleaguered communities in the Middle East, and beyond, that America stands with them. On behalf of 27 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 624, the Global Magnitsky Human Rights countability Act. The passage of H.R. 624 will demonstrate Americas commitment to protecting human rights-including religious freedom-worldwide. It will also send a strong message to the worlds worst human rights violators. It is a powerful tool to sanction and publicly name foreign individuals who commit gross violations-including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention, or significant corruption-of internationally recognized human rights and freedoms in other countries. Religious freedom is written into the bill as the first example of a human right and freedom to be prioritized during implementation. The bill globalizes the Russia-specific Sergei Magnitsky Rule of Law Accountability Act of 2012 (H.R. 6156), part of what became Public Law 112-208, which passed the House 365-43 and the Senate 92-4. It requires and authorizes the President to: Impose sanctions in the form of visa bans or revocations, and U.S. property transaction freezes, on foreign persons who he/she determines have committed gross violations of internationally recognized human rights and/or significant corruption in foreign countries; Publicly report the names of the persons he/she has sanctioned, and the sanctions applied (if the President classifies the name of an individual, he/she must still publicly report the country of citizenship); Respond in writing to written requests from the Chair and Ranking Member of an appropriate Congressional committee about foreign perpetrators who meet the criteria for sanctioning, no later than 120 days after receiving such requests; and Consider credible information from other countries and nongovernmental organizations. On behalf of 16 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of legislation that will permanently extend the Special Immigrant Non-Minister portion of the Religious Worker Visa Program (RWVP). Unless Congress acts by September 30, 2015, the RWVP will expire, leaving religious denominations and organizations with no way to bring in, where necessary, permanent religious workers to staff their religious institutions and attend the urgent needs of the communities they serve. The Special Immigrant Non-Minister portion of the RWVP became law in 1990. Originally enacted with a sunset provision, it has enjoyed broad, bipartisan support in Congress and has been reauthorized seven times since then. Under this important program, a maximum of 5,000 visas each year are available for religious workers employed by a broad range of religious denominations and organizations. Religious communities throughout the United States that participate in the program have found these visas vital to carrying out their work. Some religious workers provide critical services in areas including religious education and care for vulnerable populations such as the elderly, immigrants, refugees, the homeless and hungry, abused and neglected children, and families at risk. Others work in areas as diverse as performing missionary work, designing and building temples, producing religious publications, sustaining prison ministries, and training health care professionals to provide religiously appropriate health care. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the United States government to engage leaders of the Kazakhstan government and express deep concerns about the 2011 Law on Religious Activity and Religious Associations in light of the recent Report of the United Nations Special Rapporteur on freedom of religion or belief on his Mission to Kazakhstan. Certain provisions of the 2011 Religion Law are inconsistent with both Kazakhstans Constitution and the International Covenant on Civil and Political Rights (ICCPR). The Special Rapporteur made several substantive, reasonable and fair recommendations to bring the Constitution and Kazakh law fully into line with Article 18 of the ICCPR and other relevant international human rights standards. The U.S. government could urge the Kazakh government to make these changes to the law. On behalf of 15 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to urge the United States Government to call for the release of the Bahrain 13, and to support all Bahrainis rights to Freedom of Religion by pressing the Bahraini Government to investigate the allegations of degrading treatment of the Bahrain 13 and hold those responsible accountable for their actions. Called attention to the continued detention and mistreatment of the Bahrain 13, a group of the most prominent Bahraini leaders arrested for peacefully protesting the Bahrainis government violation of its citizens human rights and religious freedoms. The Bahrain 13 includes prominent peaceful activists, human rights defenders, religious and political leaders, many of whom are also religious clerics. The Bahrain 13 are representative of the systemic crisis of religious discrimination in Bahrain, particularly at Jaw Prison. Their religious identity proves to be a vulnerability in the eyes of Jaw Prison guards who use it to degrade and humiliate them. Prison guards have committed multiple acts of religious persecution against the Bahrain 13, including shaving the heads and beards of the Shia Clerics and disrupting certain aspects of Shia prayer rituals.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2015 · second_quarter · Q2
In the direction of comprehensive criminal justice reform at the federal level: Made contacts in support of S. 467, the CORRECTIONS Act, plus a package of sentencing reforms that will attract sufficient bipartisan consensus to pass into law. S. 467, the `Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System Act of 2015' or the `CORRECTIONS Act', a bill to reduce recidivism and increase public safety. The bill: Requires all eligible offenders to undergo regular risk assessments to determine whether an offender has a low, medium, or high-risk of re-offending; Excludes all sex offenders, terrorism offenders, violent offenders, repeat offenders, major organized crime offenders, and major fraud offenders from earning credits under the program; Encourages participation in recidivism reduction programs and productive activities, like prison jobs; Contains no new authorized spending, and requires the Bureau of Prisons to partner with faith-based groups and non-profits; Allows earned time credits for low-risk prisoners of up to 10 days for every 30 days that the prisoner is successfully completing a reoffender reduction program or productive activity; Allows medium risk prisoners to earn a 5 day for 30 day time credit while successfully completing recidivism reduction programs and productive activities -- These offenders would only be able to use these credits if they demonstrate a substantial reduction in their probability of reoffending as a result of participation in programs; Does not allow high risk offenders to use any time credits unless they reduce their risk levels to a lower tier; Would allow certain low risk offenders who demonstrate exemplary behavior to spend the final portion of their earned credit time on community supervision. To attract sufficient bipartisan consensus, sentencing reforms must be thoughtful and targeted to specific problems. Discussed retroactive application of the Fair Sentencing Act, expansion of the safety valve to include more lower level drug offenders, reducing the use of the 10-year mandatory minimum sentence for lower level drug offenders, reducing sentencing enhancements for prior drug felons under 21 U.S. Code 841 and 851, eliminating the stacking of sentencing enhancements for firearms under 18 U.S. Code 924(c), and eliminating life sentences for juveniles. Also discussed expansion of elderly release and use of compassionate release. Also began to discuss a big problem that Congress needs to address: the expansion of the federal criminal code and federal regulations and the associated disappearance of mens rea. The Code of Federal Regulations is over 80,000 pages. It is simply beyond the capacity of any person - or even any organization - to keep abreast of this number of regulations. Moreover, because many of these criminal regulations lack sufficient, or any, mens rea element, a person can run afoul of many of those laws without having any knowledge the laws exists or any intent whatsoever of breaking the law. With the explosion of the regulatory state and its use to pursue criminal charges, the mens rea requirement is all the more important. Throwing people in prison who not only lack the intent traditionally required for incarceration but who often pose very little risk to society and have a similarly low risk of recidivism only serves to exacerbate the challenges of an already expensive and crowded prison system.
GENERAL BOARD OF CHURCH AND SOCIETY OF THE UNITED METHODIST CHURCH via THE MITCHELL FIRM, INC.
2015 · second_quarter · Q2
Made contacts to promote bipartisan compromise legislation that includes both thoughtful, targeted federal sentencing reforms and federal prison reforms. In search of bipartisan consensus, discussed: S. 467, the `Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System Act of 2015' or the `CORRECTIONS Act', a bill to reduce recidivism and increase public safety; and Revisions to specific provisions of S. 502, the Smarter Sentencing Act of 2015, a bill to focus limited Federal resources on the most serious offenders -- would amend Federal law to reduce mandatory minimum prison sentences for certain drug offenses. Discussed retroactive applications of the Fair Sentencing Act, expanding the safety valve to include lower level drug offenders, and reducing the use of mandatory minimum sentences for lower level drug offenders. Also discussed reducing sentencing enhancements for prior drug felons under 21 U.S. Code 841 and 851, eliminating the stacking of sentencing enhancements under 18 U.S. Code 924(c), and eliminating life sentences for juveniles.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2015 · second_quarter · Q2
Made contacts in support of H.R. 759, the Recidivism Risk Reduction Act, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. Made contacts in support of S. 467, the `Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System Act of 2015' or the `CORRECTIONS Act', a bill to reduce recidivism and increase public safety. States across the country have shown that it is possible to cut prison costs while better protecting the public by focusing corrections resources on those offenders who are most likely to commit future crimes and by expanding programs that have been proven to reduce recidivism. The CORRECTIONS Act is bipartisan legislation sponsored that works to implement many of these successful state reforms at the federal level. The bill: Requires all eligible offenders to undergo regular risk assessments to determine whether an offender has a low, medium, or high-risk of re-offending; Excludes all sex offenders, terrorism offenders, violent offenders, repeat offenders, major organized crime offenders, and major fraud offenders from earning credits under the program; Encourages participation in recidivism reduction programs and productive activities, like prison jobs; Contains no new authorized spending, and requires the Bureau of Prisons to partner with faith-based groups and non-profits; Allows earned time credits for low-risk prisoners of up to 10 days for every 30 days that the prisoner is successfully completing a reoffender reduction program or productive activity; Allows medium risk prisoners to earn a 5 day for 30 day time credit while successfully completing recidivism reduction programs and productive activities -- These offenders would only be able to use these credits if they demonstrate a substantial reduction in their probability of reoffending as a result of participation in programs; Does not allow high risk offenders to use any time credits unless they reduce their risk levels to a lower tier; Would allow certain low risk offenders who demonstrate exemplary behavior to spend the final portion of their earned credit time on community supervision.
U S JUSTICE ACTION NETWORK (FORMERLY JUSTICE CONSENSUS ACTION NETWORK) via THE MITCHELL FIRM, INC.
2015 · second_quarter · RR
Ensure passage into law of S. 467, the CORRECTIONS Act, plus a package of sentencing reforms that have sufficient bipartisan consensus. This combination will be the first in a series of policy reforms that have sufficient consensus backing and will ultimately achieve comprehensive criminal justice reform at the federal level. Work with members of Congress to further the criminal justice policy discussion and debate, develop other proposals, find the sufficient bipartisan consensus, and then develop and pass into law the next and remaining pieces in this series of policy reforms that will achieve comprehensive reform.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2015 · first_quarter · Q1
Made contacts to support the inclusion of this language in this year's House Budget resolution report: International Religious Freedom. The United States should promote freedom of religion or belief around the world, given the importance of religious freedom to human rights, economic development, stability, and democracy. The independent U.S. Commission on International Religious Freedom [USCIRF] has provided important oversight and recommendations in this regard, including redirecting and conditioning aid. It calls for budget justifications to take into account the findings and recommendations of USCIRF. Additionally, the Office of International Religious Freedom continues to serve as an important voice on these issues in the State Department and should be supported. Made contacts in support of legislative language that will establish a spending-neutral reserve fund relating to supporting religious freedom, including promotion of freedom of religion (including belief) around the world, given the importance of religious freedom to human rights, economic development, stability, and democracy. Made contacts in support of legislative language that will allow for refugee designation for people whose resettlement in the U.S. is justified by humanitarian concerns, which would cover religious minorities that are being persecuted in the occupied territories of Ukraine. The Lautenberg Amendment covers Ukrainian religious minorities (Ukrainian Catholic and Autocephalous churches). But under State Department rules, only first degree relatives in the U.S. can petition for family members (parents, kids, siblings, grandparents). This is very helpful, but not every persecuted person has first degree relatives in the U.S. Made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021.
GENERAL BOARD OF CHURCH AND SOCIETY OF THE UNITED METHODIST CHURCH via THE MITCHELL FIRM, INC.
2015 · first_quarter · Q1
Made contacts to promote the need for bipartisan compromise legislation that includes both thoughtful, targeted federal sentencing reforms and federal prison reforms. In search of bipartisan consensus, discussed: Specific provisions of S. 502, the Smarter Sentencing Act of 2015, a bill to focus limited Federal resources on the most serious offenders -- would amend Federal law to reduce mandatory minimum prison sentences for certain drug offenses; S. 467, the `Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System Act of 2015' or the `CORRECTIONS Act', a bill to reduce recidivism and increase public safety; and H.R. 759, the `Recidivism Risk Reduction Act', a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2015 · first_quarter · Q1
Made contacts in support of H.R. 759, the Recidivism Risk Reduction Act, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. Made contacts in support of S. 467, the `Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System Act of 2015' or the `CORRECTIONS Act', a bill to reduce recidivism and increase public safety. States across the country have shown that it is possible to cut prison costs while better protecting the public by focusing corrections resources on those offenders who are most likely to commit future crimes and by expanding programs that have been proven to reduce recidivism. The CORRECTIONS Act is bipartisan legislation sponsored that works to implement many of these successful state reforms at the federal level. The bill: Requires all eligible offenders to undergo regular risk assessments to determine whether an offender has a low, medium, or high-risk of re-offending; Excludes all sex offenders, terrorism offenders, violent offenders, repeat offenders, major organized crime offenders, and major fraud offenders from earning credits under the program; Encourages participation in recidivism reduction programs and productive activities, like prison jobs; Contains no new authorized spending, and requires the Bureau of Prisons to partner with faith-based groups and non-profits; Allows earned time credits for low-risk prisoners of up to 10 days for every 30 days that the prisoner is successfully completing a reoffender reduction program or productive activity; Allows medium risk prisoners to earn a 5 day for 30 day time credit while successfully completing recidivism reduction programs and productive activities -- These offenders would only be able to use these credits if they demonstrate a substantial reduction in their probability of reoffending as a result of participation in programs; Does not allow high risk offenders to use any time credits unless they reduce their risk levels to a lower tier; Would allow certain low risk offenders who demonstrate exemplary behavior to spend the final portion of their earned credit time on community supervision.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2014 · fourth_quarter · Q4
On behalf of 56 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to the President, made contacts to urge U.S. leaders to set immediate and long term goals for intervention in the Syrian-Iraqi conflict -- to protect Christians and other religious and ethnic minorities and stop the crimes against humanity that threaten their lives and fundamental rights. This is necessary to fulfill our foundational commitments as a nation to intervene to protect victims of genocide, ethnic cleansing, and crimes against humanity. As the President stated at the 2014 National Prayer Breakfast, the U.S.: "believe[s] in the inherent dignity of every human being -- dignity that no earthly power can take away. And central to that dignity is freedom of religion," "promoting religious freedom is a key objective of U.S. foreign policy," and "in Syria, it means ensuring a place for all people -- Alawites and Sunni, Shia and Christian." Overcoming the ISIS extremist and fascist ideology and those who promote it is the great challenge of the 21st century. We hope the U.S. will play a central role in this struggle as it did in the 20th century struggles against fascism and communism, which also used anti-religious ideas to attain their goals. The behavior and ideas emanating from Syria and Iraq are something that cannot be tolerated by civilized nations and that must be combatted with a full commitment by the U.S. and other governments, religious and ethnic groups, and religious freedom and civil society advocates. On behalf of 75 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to members of Congress, made contacts to recommend with the utmost enthusiasm the immediate confirmation of Rabbi David Saperstein as the new Ambassador-at-Large for International Religious Freedom. Amidst rising restrictions on religious freedom worldwide, and an ever-deepening crisis in Syria and Iraq, the United States needs every possible tool in its toolkit. Rabbi Saperstein not only knows the issue, but he knows Washington and the world. He understands religious freedom as a multidisciplinary issue that cuts across human rights, economics, security, counter-terrorism, media, academia, business, and other relevant sectors. And he has almost universal support from across the theological and political spectrum. We urged Congress to send a signal to the world that we take this issue seriously, and as integral to the solutions that our global challenges demand; and to confirm Rabbi David Saperstein as the new Ambassador-at-Large for International Religious Freedom swiftly, so that this vital position is not left vacant. The Senate confirmed Saperstein by a roll call vote of 62-35. On behalf of 81 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to members of Congress to urge them to support swift passage of H.R. 4653, the United States Commission on International Religious Freedom (USCIRF) Reauthorization Act of 2014, made contacts to urge members of Congress to ensure the end-of-year spending package (the Cromnibus) included funding for USCIRF through September 30, 2015. The end-of-year spending package (Cromnibus) provided $3,500,000 for USCIRF: Provided, That if the United States Commission on International Religious Freedom is authorized beyond September 30, 2014, this amount will remain available until September 30, 2015. So the appropriation was not sufficient. Then made contacts in support of H.R. 5816, a bill to extend the authorization for the United States Commission on International Religious Freedom. This bill would amend the International Religious Freedom Act of 1998 to extend through FY2015 the authorization for the U.S. Commission on International Religious Freedom. H.R. 5816 was introduced in the House on December 9, 2014; passed the House without objection on December 10; passed the Senate without amendment by Unanimous Consent on December 15; was signed by the President, and became Public Law 113-271 on December 18.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2014 · fourth_quarter · Q4
Made contacts in support of H.R. 2656, the Public Safety Enhancement Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. Made contacts in support of compromise legislation that was offered as a substitute to S. 1675, the Recidivism Reduction and Public Safety Act, a bill to reduce recidivism and increase public safety. This substitute merged language from the original S. 1675 with language from S. 1783, the Federal Prison Reform Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the Federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. This substitute has passed out of the Senate Judiciary Committee on a bipartisan 15-2 vote.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
GENERAL BOARD OF CHURCH AND SOCIETY OF THE UNITED METHODIST CHURCH via THE MITCHELL FIRM, INC.
2014 · fourth_quarter · Q4
Made contacts to promote the need for bipartisan compromise legislation that includes both thoughtful, targeted federal sentencing reforms and federal prison reforms. In search of bipartisan consensus, discussed: Specific provisions of S. 1410, the Smarter Sentencing Act of 2013, a bill to focus limited Federal resources on the most serious offenders -- would amend Federal law to reduce mandatory minimum prison sentences for certain drug offenses; Bipartisan compromise prison reform legislation that was offered as a substitute to S. 1675, the Recidivism Reduction and Public Safety Act, a bill to reduce recidivism and increase public safety -- this substitute merged language from the original S. 1675 with language from the original S. 1783, the Federal Prison Reform Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the Federal prison system with offender risk assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction; and H.R. 2656, the Public Safety Enhancement Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. S. 1410 has passed out of the Senate Judiciary Committee by a bipartisan vote of 13-5; and the substitute to S. 1675 has passed out of the Senate Judiciary Committee by a bipartisan vote of 15-2.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2014 · third_quarter · Q3
On behalf of 48 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to urge members of Congress to cosponsor and support swift passage of H.R. 4653, the United States Commission on International Religious Freedom (USCIRF) Reauthorization Act of 2014. H.R. 4653 will reauthorize USCIRF for five years - through September 30, 2019. The reauthorization legislation is important because USCIRFs voice is needed now more than ever before to expand the appeal and relevance of religious freedom in the U.S. and worldwide. USCIRF should continue to diligently report on violators of religious freedom and work cooperatively with the NGO community and other stakeholders to find new and innovative ways to promote the inherent dignity of every human, as proclaimed in Article 18 of the Universal Declaration of Human Rights. And it should continue to expand its coordination with the International Religious Freedom Office at the State Department to engage every sector of society and government in the practical promotion of religious freedom. With stronger religious engagement and IRF policies, the U.S. will have a much greater opportunity to reduce the high levels of religious repression, persecution, violence, and terrorism around the world. And we will all be safer as a result. H.R. 4653 passed the House by voice vote on July 8, 2014. On behalf of 79 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to urge members of Congress to support swift passage of H.R. 4653, the United States Commission on International Religious Freedom (USCIRF) Reauthorization Act of 2014. This bipartisan bill was referred to the Senate Foreign Relations Committee on July 9. Although Senate legislation regarding USCIRFs reauthorization was introduced a few days before the August recess, we believe that H.R. 4653 is better suited to advance freedom of religion or belief by, among other provisions, maintaining USCIRFs independence and non-partisan staff, which we believe will protect the Commissions structure and mandate established by Congress in the International Religious Freedom Act (IRFA). Thus, we believe that swift passage of H.R. 4653 is of vital importance as the current state of international religious freedom is one of deepening crisis. The most effective way to ensure the continuity of USCIRFs essential mandate to protect religious freedom worldwide is for the Senate to pass H.R. 4653. On behalf of 70 religious and human rights organizations and leaders of varying faiths, including the client, who attended a multi-faith meeting with U.S. government leaders, made contacts to start a meaningful dialogue on how government and civil society can work together to make international religious freedom relevant in the U.S. government and the world. We discussed practical ideas on civil society and government collaboration so that we may all increase the impact of our efforts to advance freedom of religion or belief at home and abroad. On behalf of 22 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to urge U.S. leaders to make it a priority to discuss the very serious violations of freedom of religion or belief in Burma with the Government of Burma. Despite some positive reforms over the past three years, there are many serious challenges facing Burma. As the Catholic Archbishop of Rangoon, Charles Bo, put it in an op-ed in The Washington Post on 13 June, headlined Burma needs tolerance to reach its potential, Burma stands on a knife edge of hope and fear. The most serious concern, alongside the lack of constitutional reform, is the rise of religious intolerance. In the past two years, there have been a number of incidents of serious violence against Muslims, initially targeting the Rohingyas in Rakhine State but more recently affecting Muslims across the country, in Meikhtila, Oakkan, Lashio and most recently Mandalay, among other cities. Each incident has been preceded by the deliberate spread of false rumours and hate speech, and in each incident the security forces have failed to respond effectively to prevent violence or protect vulnerable communities. In some instances, elements of the security forces have been complicit. In addition, the Government of Burma has drafted four bills which include legislation to restrict religious conversions and inter-religious marriages. In Rakhine State, hundreds have been killed, thousands having fled the country, and 140,000 Rohingyas living in dire conditions in temporary camps which have been compared to concentration camps. In Kachin and Chin State, discrimination against Christians continues. We therefore urge U.S. government leaders to impress upon the Government of Burma the need to address these grave concerns, to abandon the proposed legislation, and to work with the international community to promote freedom of religion and inter-religious harmony in Burma and to counter intolerance and hatred. We recommend that U.S. government leaders encourage the Government of Burma to invite the UN Special Rapporteur on Freedom of Religion or Belief to visit the country. We also hope U.S. government leaders will support proposals for a high-level conference on freedom of religion or belief in Burma, with international institutional involvement. On behalf of 40 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to urge U.S. leaders to raise the plight of human rights lawyer Gao Zhisheng, and the overall situation for rule of law, human rights, and religious freedom in China during the United Nations General Assembly (UNGA) meetings in New York and during meetings with President Xi during the APEC Summit in China. Gao Zhisheng is one of many Chinese citizens who utilize peaceful means to defend the rights of citizens guaranteed within Chinas Constitution and international law. Unfortunately, while serving a three-year prison sentence, Gao was kept in solitary confinement and repeatedly tortured, which has resulted in physical and mental health problems. It is also our understanding that since Gaos release from prison in August that he remains under house arrest, thus denying his freedom of movement and ability to freely communicate with family members and lawyers. We asked that leaders urge the Chinese government to provide Gao with unconditional freedom, including allowing him to travel to the United States to visit family members and receive needed medical treatment. Chinese human rights defenders, such as Gao Zhisheng, and other scholars, civil society, community, and faith leaders remain committed to advancing basic human rights and religious freedom in China despite the consequences of persecution, imprisonment, and in some cases death. These future leaders of China desperately need the international community, and specifically the United States, to support their efforts to defend basic human rights and freedoms.
GENERAL BOARD OF CHURCH AND SOCIETY OF THE UNITED METHODIST CHURCH via THE MITCHELL FIRM, INC.
2014 · third_quarter · Q3
Made contacts to promote the need for bipartisan compromise legislation that includes both thoughtful, targeted federal sentencing reforms and federal prison reforms. In search of bipartisan consensus, discussed: S. 1410, the Smarter Sentencing Act of 2013, a bill to focus limited Federal resources on the most serious offenders -- would amend Federal law to reduce mandatory minimum prison sentences for certain drug offenses; Bipartisan compromise prison reform legislation that was offered as a substitute to S. 1675, the Recidivism Reduction and Public Safety Act, a bill to reduce recidivism and increase public safety -- this substitute merged language from the original S. 1675 with language from the original S. 1783, the Federal Prison Reform Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the Federal prison system with offender risk assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction; and H.R. 2656, the Public Safety Enhancement Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. S. 1410 has passed out of the Senate Judiciary Committee by a bipartisan vote of 13-5; and the substitute to S. 1675 has passed out of the Senate Judiciary Committee by a bipartisan vote of 15-2.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2014 · third_quarter · Q3
Made contacts in support of H.R. 2656, the Public Safety Enhancement Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. Made contacts in support of compromise legislation that was offered as a substitute to S. 1675, the Recidivism Reduction and Public Safety Act, a bill to reduce recidivism and increase public safety. This substitute merged language from the original S. 1675 with language from S. 1783, the Federal Prison Reform Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the Federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. This substitute has passed out of the Senate Judiciary Committee on a bipartisan 15-2 vote.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
GENERAL BOARD OF CHURCH AND SOCIETY OF THE UNITED METHODIST CHURCH via THE MITCHELL FIRM, INC.
2014 · third_quarter · RR
Federal criminal justice reforms designed to reduce the federal prison population and recidivism rates in the United States.
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2014 · second_quarter · Q2
On behalf of 67 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to leaders of the Parliamentary Assembly of the Council of Europe (PACE), made contacts with U.S. government leaders to express our deep concern about the recent report to PACE by Rapporteur Rudy Salles (France), The protection of minors against excesses of sects, with draft resolution and draft recommendation that was adopted by the Committee of Legal Affairs and...Human Rights. We understood this report with draft resolution and draft recommendation would be presented to PACE for a vote on adoption. We respectfully urged U.S. government leaders to make public statements or engage in private communications with leaders of PACE to urge that this report with draft resolution and draft recommendation not be adopted by PACE. Instead, it should be sent back to the Committee of Legal Affairs and Human Rights for further investigation and analysis of threats it poses to the human rights and fundamental freedoms that are protected by the European Convention on Human Rights. When evaluated within the framework of the Convention as the cornerstone of PACE activities, and the need to secure these human rights and fundamental freedoms for everyone within PACE's jurisdiction, without discrimination on any ground, the report with draft resolution and draft recommendation raised a number of serious problems. The draft resolutions recommended measures, if adopted, would result in rising government restrictions and social hostilities against minority religious organizations and communities, and pose serious threats to the human rights and fundamental freedoms of millions of members of minority faiths throughout the Council of Europe. If PACE would adopt this report as drafted, it would have taken a major step backwards in terms of religious tolerance and the rights of religious minorities in the 47 countries in the Council of Europe. On behalf of 23 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to strongly urge the Secretary of State to designate Pakistan as a Country of Particular Concern (CPC) in accordance with the International Religious Freedom Act (IRFA) of 1998. The Act requires the Secretary of State (delegated through Presidential authority) to designate any country that has "engaged in or tolerated particularly severe violations of religious freedom" as a CPC. The IRFA notes that these violations must be systematic, ongoing, and egregious, such as the flagrant denial of the right to life, liberty, or the security of persons. Religious minorities in Pakistan, including Hindus, Christians, Ahmadi Muslims, and Shia Muslims, face systematic persecution and violence, and their religious freedom is severely restricted by the government through discriminatory laws. The government has also tolerated large-scale anti-minority violence by radical militant organizations and allowed such groups to operate with impunity. Pakistan should therefore be categorized as a Country of Particular Concern under the IRFA, consistent with the U.S. Commission on International Religious Freedom (USCIRF)s annual recommendation for the past ten years. Related to the above item, also made contacts to urge members of Congress to sign on to a congressional letter to the Secretary of State to respectfully urge him to name Pakistan as a "country of particular concern" under the IRFA for particularly severe violations of religious freedom. 14 members of Congress signed this letter because they believe the U.S. must bear witness to these horrible abuses. The letter made it clear that designating Pakistan as a CPC is simply the right thing to do. It is required by law and reflects American values. On behalf of 24 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to strongly urge the Secretary of State to request that the United States take a strong lead in promoting the implementation of the recommendations of the United Nations Commission of Inquiry on Human Rights (COI) in the Democratic Peoples Republic of Korea (DPRK), established by the Human Rights Council of the United Nations in March 2013. In particular, we would ask that, as Secretary of State, he would officially endorse the recommendations of the report and take steps at the UN to refer the DPRK to the International Criminal Court (ICC) for crimes against humanity, as recommended by the COI in its report published in February 2014. The COI's mandate was to investigate allegations of grave, systematic and widespread human rights violations in teh DPRK. The COI found that discrimination is embedded in the songbun system which dictates a person's social standing and is largely based on gender, family relations, religion and political opinions. The COI also investigated teh impact of human rights violations and acts of discrimination on particular groups, including women and children; these violations are widespread and systematic. In its conclusions the COI found an almost complete denial of the right to freedom of thought, conscience and religion, as well as the right to freedom of opinion, expression, information and associations. In the course of its investigation, the COI found evidence which suggest that "countless numbers of persons in the DPRK who attempt to practice their religious beliefs have been severely punished, even unto death." On behalf of 5 religious and human rights leaders of varying faiths, including the client, who traveled to the Republic of Kazakhstan in early December 2013 to meet with Kazakh officials and citizens in order to discuss our concerns and increase our understanding of the 2011 Religion Law, made contacts with U.S. government leaders to send them our formal Trip Report. This is related to contacts made back in 2012, when 30 religious and human rights leaders of varying faiths, including the client, signed a multi-faith letter to U.S. government leaders to urge them to address rising restrictions on religion in Kazakhstan...This Trip Report was sent to the Kazakh Embassy on May 15, 2014, and the International Religious Freedom (IRF) Roundtable delegation wanted to ensure U.S. government leaders have seen the report and were given the opportunity to meet with members of the delegation to discuss it. Here are some highlights from the Executive Summary and Conclusions: During its visit from 1-6 December, 2013, the delegation met with government officials, human rights activists and representatives of religious organizations, and attended a conference on religion, security and citizenship. The delegation had two goals: to assess the accuracy of critical foreign government and NGO reports, especially those concerning the 2011 Religion Law, and to explore possible avenues of cooperation with the Kazakh government to address these issues. In their meeting with Kazakh officials from the Ministry of Foreign Affairs, the Agency for Religious Affairs and the General Prosecutors Office, members of the delegation made the point that Kazakhstan must fully consider and understand the impact of the Religion Law on national security. The need to counter violent extremism is pressing, but cracking down on religious freedom is a dangerous and counterproductive response. The human rights activists with which the delegation met were highly critical of the law, and validated some of the criticisms of Western governments and human rights groups. While it understands that most Kazakhs support the Religion Law, the delegation believes the Religion Law is unnecessarily restrictive and could put the security situation in Kazakhstan at risk, and is generally a liability for the Kazakh government on the world stage. The situation in Kazakhstan is complex and is influenced by social, economic, political and religious factors. Therefore, a simplistic narrative that demonizes the government and the Religion Law will not work. However, there are ways Kazakhstan can work to improve the Religion Law, as well as its security situation in general, and begin to rehabilitate its image in the West. To this end, the Roundtable delegation respectfully offered several recommendations. Participants of the Roundtable will continue their engagement with the Kazakh government on these issues as well as those listed in the recommendations section of this report. Related to the above item, made contacts to communicate our belief that the most important points to focus on are these (which provide a constructive path ahead): 1. The Kazakh government could follow through on its idea (which they communicated to the Roundtable delegation) to establish a working group to review the 2011 Religion Law, and as part of this review, this working group could accept the forthcoming recommendations of the UN Special Rapporteur on Freedom of Religion or Belief. 2. This review could develop what the UN Special Rapporteur recommends (in the Concluding Remarks of his presentation of preliminary findings of his trip to the Republic of Kazakhstan): far-reaching reforms to the Religion Law based on an understanding that registration should be optional and in the service of freedom of religion or belief. As he said, for limitations on the freedom of religion or belief to be legitimate, they must meet cumulatively the criteria set out in article 18, paragraph 3 of the International Covenant on Civil and Political Rights. 3. This review could also be coordinated with the currently ongoing reform of the criminal code, which the UN Special Rapporteur said (in the Concluding Remarks of his presentation of preliminary findings): a. Offers an opportunity to revise articles which, as numerous practical examples indicate, have proven to be detrimental both to freedom of expression and to freedom of religion or belief. This particularly concerns articles 164 and 337-1 of the Criminal Code. b. It will be important to discuss and monitor the reform of the criminal code to ensure the new provisions will be fully in line with freedom of religion or belief, in conjunction with freedom of expression and other communicative freedoms. 4. The Kazakh government should build on its tradition of fostering religious tolerance by: a. Expanding the Congress of Leaders of World and Traditional Religions to include leaders of non-traditional faith communities, and to female leaders of faith communities. b. Continuing to support international conferences on topics such as religion and the rule of law; religion, security and citizenship; and the interpretation of secularism in Kazakhstan. c. Allowing for the establishment of safe spaces for ongoing dialogue between government and civil society leaders to publicly discuss and debate these interconnected issues. On behalf of 41 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to urge members of Congress to cosponsor and support swift passage of H.R. 4653, the United States Commission on International Religious Freedom (USCIRF) Reauthorization Act of 2014. H.R. 4653 will reauthorize USCIRF for five years through September 30, 2019. The bill also takes common-sense steps toward improving USCIRFs ability to perform its functions. The reauthorization legislation is important because USCIRFs voice is needed now more than ever before to expand the appeal and relevance of religious freedom in the U.S. and worldwide. Religious freedom is not only the right thing to doas consistent with our founding and valuesit is also in our national interests. As Secretary of State John Kerry recently stated, Attacks on religious freedom are therefore both a moral and a strategic national security concern for the United States. USCIRF should continue to diligently report on violators of religious freedom and work cooperatively with the NGO community and other stakeholders to find new and innovative ways to promote the inherent dignity of every human, as proclaimed in Article 18 of the Universal Declaration of Human Rights. And it should continue to expand its coordination with the International Religious Freedom Office at the State Department to engage every sector of...society and government in the practical promotion of religious freedom. We believe that USCIRF can thereby help the U.S. government institutionalize religious freedom as an essential element of U.S. foreign policy and national security, integrating it into the promotion of democracy as well as the fight against religious-based extremism and violence. With stronger religious engagement and IRF policies, the U.S. will have a much greater opportunity to reduce the high levels of religious repression, persecution, violence, and terrorism around the world. And we will all be safer as a result. On behalf of 22 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to organize a multi-faith meeting to start a meaningful dialogue on how we can all work together to make international religious freedom relevant in the U.S. government and the world. We will discuss practical ideas on civil society and government collaboration so that we may all increase the impact of our efforts to advance freedom of religion or belief at home and abroad.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2014 · second_quarter · Q2
Made contacts in support of H.R. 2656, the Public Safety Enhancement Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. Made contacts in support of compromise legislation that was offered as a substitute to S. 1675, the Recidivism Reduction and Public Safety Act, and which passed out of the Senate Judiciary Committee on a 15-2 vote.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2014 · first_quarter · Q1
Along with 33 religious and human rights organizations and leaders of varying faiths, worked with the client to sign a multi-faith letter to members of Congress to raise their attention to House Resolution 418 entitled Urging the Government of Burma to end the persecution of the Rohingya people and respect internationally recognized human rights for all ethnic and religious minority groups within Burma. While democratization of Burma is still in its infancy, the political transformation of the country has been...exceedingly unequal in some respects; namely the treatment of the ethnic minority Rohingya Muslim community at the hands of Buddhist extremists and elements of the Burmese government. House Resolution 418 calls on the Government of Burma to align itself with international human rights standards by ending persecution of the Rohingya and all minorities in Burma and calls on the U.S. government to provide the necessary pressure to the Government of Burma to do so. While Congressional support for the Rohingya and other Burmese religious and ethnic minorities has been ongoing since 1999, House Resolution 418 is a vital step in alleviating the suffering of the Rohingya. On behalf of 26 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to urge them to put pressure on the Eritrean government to enhance the conditions of religious freedom within the country; raise these issues during Eritreas next Universal Periodic Review (UPR) on February 3, 2014; limit the ability to collect illegal 2% donations which are used to fund military arms in the Horn of Africa; and work to increase the number of Eritrean refugees resettled as a case of special humanitarian concern. For more than two decades the Eritrean regime has systematically committed several flagrant human rights violations with no consequences. While the violations are broad, perhaps no community has suffered more thoroughly and completely than the numerous adherents of religious communities that are deemed unacceptable by the government. In its 2013 report, the United States Commission on International Religious Freedom (USCIRF) recommended, in addition to again designating Eritrea as a Country of Particular Concern (CPC), imposing an arms embargo against Eritrea and using the International Emergency Economic Powers Act to impose targeted sanctions against individuals and institutions identified as being responsible for or complicit in serious religious freedom and human rights abuses. On behalf of 24 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to urge them to coordinate with members of the faith based community to protect the interests of those who have become victims of the violence that has plagued the Central African Republic (CAR) since 2012; and to take the necessary steps to assist USAID in promoting interreligious dialogue and conflict resolution at the local level in the CAR. In recent weeks, the violence that plagued the country since the United Nations voted on an African Union mission has taken on a religious bent. Muslims and Christians have killed each other at an astonishing rate. Any efforts by the U.S. and other actors to promote reconcilation among the faiths and address the apparent outside influence in this wave of violence would be enormously helpful and could save lives. In addition to aiding in reversing the spiral of violence in the CAR, these steps can begin the process of a successful Disarmament, Demobilization, Repatriation, Reintegration and Resettlement program in the long run. On behalf of 67 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to leaders of the Parliamentary Assembly of the Council of Europe (PACE) to express our deep concern about the recent report by Rapporteur Rudy Salles (France), The protection of minors against excesses of sects, made contacts to urge members of Congress to draft and sign a bipartisan congressional letter to the leaders of PACE. This report with draft resolution and draft recommendation should not be adopted by PACE. Instead, it should be sent back to the Committee of Legal Affairs and Human Rights for further investigation and analysis of threats it poses to the human rights and fundamental freedoms that are protected by the European Convention on Human Rights. When evaluated within the framework of the Convention as the cornerstone of PACE's activities, and the need to secure these human rights and fundamental freedoms for everyone within its jurisdiction, without discrimination on any ground, the report with draft resolution and draft recommendation raises a number of serious problems. The draft resolutions recommended measures, if adopted, will result in rising government restrictions and social hostilities against minority religious organizations and communities, and pose serious threats to the human rights and fundamental freedoms of millions of members of minority faiths throughout the Council of Europe. If PACE adopts this report as drafted, it will have taken a major step backwards in terms of religious tolerance and the rights of religious minorities in the 47 countries in the Council of Europe.
OPEN SOCIETY POLICY CENTER via THE MITCHELL FIRM, INC.
2014 · first_quarter · Q1
Made contacts to promote bipartisan support for federal corrections reforms. In particular, discussed S. 1783, the Federal Prison Reform Act of 2013. In addition, discussed targeted sentencing reforms to the federal criminal justice system, which might attract bipartisan support. And then made contacts in support of compromise legislation offered as a substitute to S. 1675, the Recidivism Reduction and Public Safety Act.
Filing targets: SENATE
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2014 · first_quarter · Q1
Made contacts in support of H.R. 2656, the Public Safety Enhancement Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. Made contacts in support of S. 1783, the Federal Prison Reform Act of 2013. Made contacts in support of compromise legislation offered as a substitute to S. 1675, the Recidivism Reduction and Public Safety Act.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2013 · fourth_quarter · Q4
On behalf of 20 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to raise awareness of serious violations of religious freedom in Malaysia. Malaysia's fragile political consensus is threatened by the government's active promotion of only one form of Sunni Islam. Relgious minorities face societal abuse, limits on religious expression, discrimination, and the demolition of unregistered places of worship.We urged leaders to highlight the universal notions and the importance of freedom of religion and expression to the Malaysian government. Further we urged them to seek promises from the Malaysian government to promote tolerance and respect for all religious minorities, end the ban on religious publications and other restrictions on religious expression, recognize all religions and give them freedom to practice their peaceful rituals, and release anyone being held for their religious activities or religious freedom advoacy. On behalf of 44 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to urge the appointment of a new Ambassador-at-Large for International Religious Freedom as soon as possible, and the consideration of specific criteria as nominees for the position are reviewed. The candidate should view freedom of religion, thought, conscience and belief as far more than a faith-state issue, a social challenge, or a security concern that simply needs to be reported on and managed. The nominee should understand international religious freedom as a multidisciplinary issue that cuts across human rights, economics, security, counter-terrorism, media, academia, business, and other relevant sectors. Further, we urged the appointment of a high-profile Ambassador with a demonstrated expertise in foreign policy and religious freedom, and to consider elevating the position within the State Department so that the IRF Ambassador reports directly to the Secretary of State. We trust that a high-profile IRF Ambassador can help the U.S. government institutionalize religious freedom as an essential element of U.S. foreign policy and national security, integrating it into the promotion of democracy, governance, rule of law, and citizenship, as well as the fight against religious-based extremism and violence. On behalf of 22 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to start a meaningful dialogue on how we can all work together to make international religious freedom relevant in the U.S. government and the world. We shared practical ideas on civil society and government collaboration so that we may all increase the impact of our efforts to advance freedom of religion or belief at home and abroad. On behalf of 5 religious and human rights leaders of varying faiths, including the client, who were traveling to Kazakhstan to meet with Kazakh officials in order to discuss our concerns regarding the 2011 Religion Law, made contacts to discuss this trip and the 2011 Religion Law. This is related to contacts made back in 2012, when 30 religious and human rights leaders of varying faiths, including the client, signed a multi-faith letter to U.S. government leaders to address rising restrictions on religion in Kazakhstan. Restrictions on religion are rising markedly as a result of the 2011 law "On Religious Activities and Religious Associations" (the Religion Law) and the law On Amendments and Addenda to Some Legislative Acts on Issues of Religious Activities and Religious Organizations (the Administrative Law) imposing changes in the area of religion in nine other Laws, including Administrative Code Articles 374 and 375, widening the range of sanctions for violations of the Religion Law.
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2013 · fourth_quarter · Q4
Made contacts in support of H.R. 2656, the Public Safety Enhancement Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. Also made contacts in support of S. 1783, the Federal Prison Reform Act of 2013.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
OPEN SOCIETY POLICY CENTER via THE MITCHELL FIRM, INC.
2013 · fourth_quarter · Q4
Made contacts to promote bipartisan support for federal corrections reforms. In particular, discussed H.R. 2656, the Public Safety Enhancement Act of 2013. Also discussed S. 1783, the Federal Prison Reform Act of 2013. Finally, discussed where there might be bipartisan support for targeted sentencing reforms to the federal criminal justice system.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2013 · third_quarter · Q3
On behalf of 52 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to make recommendations on how the United States can strengthen its international religious freedom (IRF) policy such that freedom of religion, conscience, and beliefthe foundation of human dignityis protected and promoted, resulting in reduced persecution and repression, as well as greater security and stability worldwide. Urged leaders to...take a hard look at how we engage religious communities worldwide, and at Americas IRF policy and the International Religious Freedom Act (IRFA), seeking to strengthen both. As part of strengthening IRFA, Congress and the State Department should reinvigorate U.S. leadership on IRF in U.S. and multilateral institutions, and strengthen three vital mechanisms established by IRFA, to ensure that the Ambassador-at-Large for IRF reports directly to the Secretary of State; training in religious freedom for Foreign Service Officers is mandatory; and increased funding is available for IRF programmatic grants, which should support religious and secular NGOs around the world that seek to advance religious freedom as part of democratic development. With stronger religious engagement and IRF policies, the United States will have a much greater opportunity to reduce the high levels of religious repression, persecution, violence, and terrorism around the world. And we will all be safer as a result. On behalf of 18 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to U.S. government leaders, made contacts to recommend specific U.S. government actions to more effectively address the crackdown on civil society and serious setbacks in religious freedom conditions in Russia. Russias actions against civil society cannot be countenanced under UN and OSCE standards, including the Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief, Article 18 of the International Covenant on Civil and Political Rights, and the Helsinki Accords. Further, Russias anti-democratic domestic policies combine with a foreign policy that is aggressive and hardline at the expense of human rights in the countries of several regions, including the former Soviet Union, the Middle East, Africa and Latin America. Urged leaders to take decisive actions to more effectively press the leaders of the Russian government to reverse course, make good on Russian guarantees of freedom of religion and association for every individual and religious community, and honor Russias international human rights obligations and commitments. On behalf of 28 religious and human rights organizations and leaders of varying faiths, including the client, who previously signed a multi-faith letter to U.S. government leaders, made contacts to express our continuing concerns about rising restrictions on religion in the Republic of Kazakhstan. Asked U.S. government leaders to raise the issue of the repressive Religion Law when they visit with and talk to Kazakh government leaders.
OPEN SOCIETY POLICY CENTER via THE MITCHELL FIRM, INC.
2013 · third_quarter · Q3
Made contacts to see if there might be support for a package of federal corrections reforms, which would include some thoughtful sentencing reforms and H.R. 2656, the Public Safety Enhancement Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2013 · third_quarter · Q3
Made contact with congressional offices in support of H.R. 2656, the Public Safety Enhancement Act of 2013, a bill to enhance public safety by improving the effectiveness and efficiency of the federal prison system with offender risk assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
CHURCH OF SCIENTOLOGY INTERNATIONAL via THE MITCHELL FIRM, INC.
2013 · second_quarter · Q2
On behalf of 14 religious and human rights organizations and leaders of varying faiths, including the client, who signed a multi-faith letter to the Secretary of State, made contacts to express concern about religious freedom in Greece. We urged the Secretary of State to call upon Greece to ratify the European Framework Convention for the Protection of National Minorities and to actively and in good faith secure religious freedom for all religious minorities in Greece.Worked with 15 religious and human rights organizations and leaders of varying faiths, including the client, to sign a multi-faith letter to members of Congress, which expressed profound concern over the recent escalating violence and intolerance towards religious minorities in Bangladesh, and requested House and Senate hearings on the ongoing persecution of religious minorities in Bangladesh. These hearings would address the mounting violence in Bangladesh in an effort to generate awareness about this issue. We firmly believe that promoting religious freedom and human rights must be an essential component of U.S. engagement with Bangladesh. On behalf of 28 religious and human rights organizations and leaders of varying faiths, including the client, who previously signed a multi-faith letter to members of Congress and the Administration, made contacts to express our continuing concerns about rising restrictions on religion in the Republic of Kazakhstan. Asked U.S. government leaders to raise the issue of the repressive Religion Law when they visit with and talk to Kazakh government leaders. On behalf of 30 religious and human rights organizations and leaders of varying faiths, including the client, who previously signed a multi-faith letter to members of Congress and the Administration, made contacts to express our continuing concerns about the increasing misuse of the 2002 Extremism Law to censor religious scriptures and disrupt religious organizations in Russia. Asked U.S. government leaders to raise this issue when they visit with and talk to Russian government leaders. On behalf of 23 religious and human rights organizations and leaders of varying faiths, including the client, who previously signed a multi-faith letter to members of Congress and the Administration, made contacts to express our continuing concerns about the restrictive new religion law in Hungary. Asked U.S. government leaders to raise this issue when they visit with and talk to Hungarian government leaders. And asked congressional leaders to follow up specifically with the Prime Minister of Hungary regarding Hungarian lawmakers recent approval of an amendment to the Fundamental Law of Hungary in response to decisions of the Constitutional Court to declare certain provisions of Hungarys new religion law unconstitutional. This amendment enshrines in the Fundamental Law a number of policies that were struck down as unconstitutional, including those of the religion law. Congress should urge the Prime Minister and the government of Hungary to work with European institutions to address these concerns and revise the religion law to make it consistent with the European Convention on Human Rights and the International Covenant on Civil and Political Rights, to which the Republic of Hungary is a party. Worked with 29 religious and human rights organizations and leaders of varying faiths, including the client, to sign a multi-faith letter to members of Congress to support the time-sensitive Internet freedom recommendations contained in a congresssional letter to members and senior staff of the Board of Broadcast Governors (BBG). The BBG initiative called for by the congressional letter to bypass the Internet firewalls of today's closed society regimes can greatly and peacefully advance the cause of freedom throughout the world. Repeated statements and actions of closed society regimes confirm that today's Internet firewall systems are 21st century equivalents of the brick and barbed wire Berlin Walls of the 20th century. As such, the congressional letter is a call to achieve peaceful, historic change on behalf of political, cultural and religous freedom. The BBG now dedicates less than 2% of its budget to anti-Internet censorship activities and as the congressional letter makes clear, such an underinvestment of resources is unacceptable. Likewise, we endorse the request for the BBG to determine the feasibility and cost of deploying technology that would enable safe and uncensored interactive public meetings with large numbers of participants. Worked with 30 religious and human rights organizations and leaders of varying faiths, including the client, to sign a multi-faith letter to the President to urge him to call for the release of a list of 16 prisoners of conscience during his bilateral summit with teh President of China. The "China 16" leaders whose cases we cite are representative of thousands of men and women in China who, at great cost and peril to themselves and their families, have courageously spoken for the freedom of all - in China and, as a result, for the world at large. By raising the cases of these 16, we believe the President will increase their chances for freedom, and will greatly enhance the prospects for freedom of similarly situated prisoners of conscience. On behalf of the 30 religious and human rights organizations and leaders of varying faiths, including the client, who signed the above-described multi-faith letter to the President, made contacts with congressional leaders to urge them to support our letter urging the President to raise the cases of the "China 16" by name during his bilateral summit with the President of China, and to call for their immediate and unconditional release.
OPEN SOCIETY POLICY CENTER via THE MITCHELL FIRM, INC.
2013 · second_quarter · Q2
Made contacts to continue to learn views on proposed sentencing reforms, including a bill to add a new "safety valve" for federal mandatory minimum sentences, and give judges greater flexibility to impose individualized and proportionate sentences in more federal cases. Also made contacts to discuss a proposal to establish a Fair Sentencing Act (FSA) Review Board to review individual cases and consider relief for prisoners serving time under the pre-FSA 100:1 crack-cocaine sentencing disparity.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
MOSHE MARGARETEN via THE MITCHELL FIRM, INC.
2013 · second_quarter · Q2
Made contact with congressional offices to lobby for the introduction of a bill to reform the federal corrections system. Legislation should include the establishment of a risk and neeeds assessment system to classify all prisoners as low, medium or high risk of recidivism; and the establishment of a risk-based earned time credit that provides prisoners with an incentive to complete programs proven to reduce recidivism, and to actually reduce their own risk of recidivism. This will increase public safety.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
OPEN SOCIETY POLICY CENTER via THE MITCHELL FIRM, INC.
2013 · first_quarter · RA
Federal criminal justice reforms designed to reduce the federal prison population and recidivism rates in the United States.
Filing targets: Executive Office of the President (EOP), SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: State, Dept of (DOS), U.S. Agency for International Development (USAID), U.S. Commission on International Religious Freedom
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Agency for International Development (USAID), U.S. Commission on International Religious Freedom
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: State, Dept of (DOS), U.S. Commission on International Religious Freedom
Made a contact to ask for the commutation of the sentence of Herman Jacobowitz, a federal prisoner who can safely be sent home and supervised by a probation officer. Mr. Jacobowitz is a highly esteemed member of his community with a large family that has suffered in his absence. He was a first-time, non-violent offender who has acknowledged his crimes and has always been remorseful. He is now 60 years old and has served almost 11 years-more than 2/3-of his 15-year sentence. He has been a model prisoner and is a minimum-to-no-risk of recidivating. Research and evidence clearly demonstrate that community supervision is the most cost effective way to supervise low-risk, low-need prisoners. The current cost of community supervision is much lower than federal prison. According to the Administrative Office of the U.S. Courts, the average annual cost to supervise a person in the community is $4,392 as opposed to $34,770 to imprison a person. Creating supervision savings would free up resources for the Department of Justices critical law enforcement and national security missions.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom, White House Office
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Natl Security Council (NSC), SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Natl Security Council (NSC), SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, State, Dept of (DOS), U.S. Commission on International Religious Freedom, White House Office
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom, White House Office
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
On behalf of 61 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of H.R. 1150, the Frank R. Wolf International Religious Freedom Act of 2015; and in support of House passage. We must work to create a context where people can live with their deepest differences. The recent turmoil in Syria, Iraq and Ukraine-including the alarming spike in incidents of violence and persecution of Christians, Muslim communities, and other religious minorities-offers the latest examples of what happens if we do not. The purpose of the bill is to update the International Religious Freedom Act of 1998 (IRFA) and improve the capacity of the U.S. government to advance religious freedom globally by giving the Administration and State Department new political tools to better counter violent extremism and sectarian violence, growing anti-Semitism and restriction on religious minorities (e.g., a tier system for IRF reports on countries of particular concern and a special watch list, annual actions on countries with severe IRF abuses, authority to sanction individuals responsible for committing severe violations of IRF or materially supporting terrorism or violent extremism, and the ability to designate non-state actors as part of the Country of Particular Concern list and a range of sanctions targeting individual members of such groups); expanding diplomatic training, counter-terrorism coordination, and foreign assistance efforts; and reauthorizing the U.S. Commission on International Religious Freedom (USCIRF) through 2021. With the passage and implementation of H.R. 1150, a strengthened IRFA and a stronger IRF policy-as integrated into U.S. foreign policy and national security-the United States will send a clear and urgent message regarding the inherent dignity of every human being, as well as our common global security in the fight against persecution and religious extremism, and terrorism. Doing so is consistent with the best of our values, practically protecting our interests as a result. On May 16, 2016, H.R. 1150 passed out of the House by voice vote. On behalf of 64 organizations and individuals, including the client, who signed a multi-faith letter, made contacts in support of S. 2878, the Frank R. Wolf International Religious Freedom Act; and in support of a swift markup of either S. 2878 or H.R. 1150 in the Senate Foreign Relations Committee. We believe S. 2878 strengthens IRFA at a critical time when assaults on religious freedom around the world are systemic and growing. In fact, the current state of international religious freedom is one of deepening crisis-according to the Pew Research Centers latest annual study on global restrictions on religion, 77% of the worlds population live in countries with a high or very high overall level of restriction on religion in 2013, up from 76% in 2012 and 68% in 2007. The Frank R. Wolf International Religious Freedom Act would: Give the Administration and the State Department new political tools, strengthen the standing of the International Religious Freedom Office and the Ambassador-at-Large for International Religious Freedom by making clear that the Ambassador reports directly to the Secretary of State. Clarify the Ambassador-at-Larges role in distributing project grants to protect religious freedom globally. Create a Special Watch List and automatic downgrade to a Country of Particular Concern (CPC) for states on the list for three straight years. Clarify that CPC designations will occur annually. Require designation of non-state actors as Entities of Particular Concern. Direct the President to focus sanctions on individuals who carry out or order religious restrictions. Set a floor at 25 full-time employees in the International Religious Freedom Office. Require curriculum for training all Foreign Service Officers in the strategic value of international religious freedom. Prioritize IRF programming for groups that seek to strengthen investigations, reporting, and monitoring of religious freedom violations, including genocide. This legislation is the companion bill to the amended text of H.R. 1150, which passed out of the House by voice vote on May 16. The passage and implementation of S. 2878 will result in a strengthened IRFA, as well the integration of this foundational human right into U.S. foreign policy and national security strategies. In so doing, the United States will send a clear and urgent message regarding the inherent dignity of every human being, while advancing global security in the fight against persecution, religious extremism and terrorism. This legislation is consistent with the best of our values, and has the added benefit of practically protecting our national interests as well. On behalf of 28 organizations and individuals, including the client, who signed a multi-faith letter, made contacts to express our continuing deep concern about rising restrictions on religion in the Republic of Kazakhstan; and urge U.S. government leaders to engage Kazakh President Nazarbayev and leaders of his government regarding the 2011 Religion Law and related amendments to the Criminal Code and Administrative Code, and urge them to amend the 2011 Religion Law and related articles in these Codes in order to bring them into conformity with international human rights standards, Kazakhstans international commitments, and its own Constitution. Related to this, shared the Kazakhstan report of the UN Special Rapporteur on Freedom of Religion or Belief, which recommends reforms to the 2011 Religion Law. The brief summary of this formal report on his mission to Kazakhstan stated: While acknowledging a general appreciation of religious diversity in the country, he noticed adverse attitudes towards some non-traditional religious communities. The State monitors religious activities strictly, with a view to preventing extremism and to combating sects deemed destructive to peoples well-being. Many of the measures adopted for this purpose are not in line with international standards of freedom of religion or belief. Moreover, the mandatory registration of religious communities, in conjunction with tightly knit stipulations, largely hampers free religious practice, which takes place in an atmosphere of legal insecurity. Further, the Special Rapporteurs conclusions include: 66. the 2011 Law on Religious Activity and Religious Associations shows restrictive features that are not in line with international standards of freedom of religion or belief. The most obvious problem concerns the mandatory status of official registration. Failure to obtain this status means that a religious community is deemed illegal, which has far-reaching negative repercussions on the enjoyment of freedom of religion or belief. Moreover, even those communities which are registered suffer to some extent from legal insecurity, inter alia due to the official confinement of permitted religious activities to certain predefined issues and territorial boundaries. In general, the 2011 Law is based on the assumption that the exercise of core aspects of freedom of religion depends on specific acts of Government approval - thereby turning the relationship between freedom and limitations, as generally understood in the framework of human rights, upside down. 67. While Kazakhstan has broadly embraced religious pluralism, members of non-traditional small religious communities, frequently branded as sects, continue to experience suspicion, mistrust and discrimination in society. Moreover, some provisions of the Criminal Code and of the Code on Administrative Offences - both the existing and the new Codes - which are aimed at combating religious hatred or religious extremism - are defined only vaguely, thus creating a climate of legal insecurity, which is further exacerbated by shortcomings in the handling of criminal procedures, long pretrial detention and related problems. Similar problems are associated with the 2005 Law on Countering Extremism. Finally, the Special Rapporteurs recommendations include: (a) The Special Rapporteur recommends that the Government consider amending the relevant provisions of the Constitution to bring them into line with article 18 of the International Covenant on Civil and Political Rights (b) The Government should bring its constitutional provisions pertinent to freedom of religion or belief fully into line with article 18 of the Covenant and other relevant international human rights standards. (d) Above all, the Special Rapporteur would like to recommend far-reaching reforms of the 2011 Law on Religious Activity and Religious Associations based on an understanding that registration should be in the service of freedom of religion or belief which, due to its status as a universal human right, inheres in all human beings, prior to - and independent of - any specific acts of administrative approval. The most important consequence would be that registration should be an offer, not a mandatory requirement, for religious community practice. Non-registered communities must be able to operate free from discrimination and free from fear of intimidation. Also shared a recent UN Human Rights Committee decision against Kazakhstan. In the Consideration of the merits section of this decision against Kazakhstan are the following three points: 10.The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it discloses a violation by the State party of the authors rights under article 18 of the Covenant. 11.In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an obligation to provide the author with an effective remedy, including review of his conviction and review of the cancellation of his residence permit. The State party is also under an obligation to prevent similar violations in the future. 12.Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether or not there has been a violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory or subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy when a violation has been established, the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committees Views. The State party is also requested to publish the present Views, to have them translated into the official languages of the State party, and to have them widely disseminated. Finally, shared an International Religious Freedom Roundtable submission to the UN Human Rights Committee. Provided this submission to the UN Human Rights Committee in connection with its consideration of the second periodic report of Kazakhstan regarding its compliance with the ICCPR on 22 and 23 June 2016. It lays out our concerns related to Kazakhstan and Article 18 - freedom of religion-and our recommendations. The purpose of this submission was to summarize to date the IRF Roundtable engagement with the Kazakh government and interactions with the UN Special Rapporteur regarding religious freedom in Kazakhstan in light of the deteriorating situation, hopeful that a meaningful dialogue might be renewed-one that does not demonize the government or civil society. We believe this dialogue can be helpful in maintaining stability and peace in Kazakhstan while bringing the Religion Law and related articles of the Criminal and Administrative Codes closer to compliance with UN international standards articulated in the International Covenant on Civil and Political Rights (ICCPR).
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS)
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, U.S. Commission on International Religious Freedom
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), White House Office
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS)
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom, White House Office
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom, White House Office
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: State, Dept of (DOS), U.S. Commission on International Religious Freedom, White House Office
Filing targets: Defense, Dept of (DOD), HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS), U.S. Commission on International Religious Freedom