CRIME AND JUSTICE LAW AND CRIMINAL JUSTICE DRAFT POLICY STATEMENT. Federalism and Criminal Justice

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1 POLICY: COMMITTEE: TYPE: CRIME AND JUSTICE LAW AND CRIMINAL JUSTICE DRAFT POLICY STATEMENT Federalism and Criminal Justice States and local governments have the predominant burden of ensuring public safety through the criminal justice system, and the juvenile justice systems. The national government should refrain from making federal crimes of state offenses or from enhancing sentences for crimes that are more properly the domain of states. Federal jurisdiction must be justified by significant improvements in interstate law enforcement or protection of federal constitutional rights. A mere showing that the Constitution may allow federal jurisdiction is not sufficient basis for expansion. Nationalizing broad areas of crime policy has the same effect as preemption by deterring innovation, diminishing community responsibility, and reducing accountability. Congress should rely on the Assimilation of Crimes Act, rather than creating a federal criminal code that parallels state laws. The federal government should work with states to examine ways that conflicts in jurisdiction can be avoided. to avoid conflicts in jurisdiction. Federal leadership should not surrender to the temptation to substitute national laws for state and local judgments. NCSL opposes proposals that blur the lines of governmental responsibility by removing from states and communities the right to determine disciplinary procedures for state and local law enforcement. New ways of enhancing cooperation between state and federal law enforcement and prosecution of crime should be explored. Conversely, NCSL also opposes shifting traditional federal responsibilities, such as civil immigration enforcement, to state and local law enforcement personnel unless the state or locality agrees and enters into a cooperative, voluntary agreement with the federal government.

2 Children Juveniles NCSL supports the goals of the Juvenile Justice and Delinquency Prevention Act. Rural areas can have difficulty in meeting broad mandates, so the federal government should provide state flexibility to develop alternatives that will achieve the underlying goal of improving the condition of juveniles in confinement. Federal programs that create incentives for innovations in state juvenile justice services should be funded. Such programs such as the Juvenile Accountability Incentive Block Grants should support research, training, and program funding to address the needs of juvenile offenders. NCSL also supports the role of the federal government in providing states with the financial resources to strengthen state juvenile justice systems. This includes federal funding for mental health and drug courts. Federal involvement in this effort however, should be confined to providing grants and technical assistance to states on a voluntary basis to fund state practices for the treatment of juvenile offenders in the justice system. The federal government should not attach mandates to the receipt of such federal funds, but should encourage the states to implement innovative techniques for dealing with juvenile justice matters. Corrections Federal jurisdiction over crimes also covered under state law can create a competition to escalate punishments and build more prisons; this competition is shortsighted and expensive. Federal mandatory minimum sentences attest to the desire for certainty in punishment; however, state and federal corrections expenditures. NCSL supports the reinstatement of federal grant programs such as the Violent Offender Incarceration /Truth-In-Sentencing (VOI/TIS) grant program which was established to encourage the incarceration of violent offenders for longer periods of time and to facilitate state and local governments' efforts to ensure sufficient facility space to accommodate the corresponding growth in the offender population. If this program is reinstated, NCSL supports

3 increasing the flexibility of the VOI/TIS program by giving states the opportunity to use this funding for problem areas encountered within the prison system such as drug abuse, disease, and mental illness. States should be permitted to implement mandatory minimum sentences, but the federal government should refrain from expanding mandated sentencing where offenses are covered under state law. NCSL supports federal funding to states for state criminal offender reentry initiatives and state criminal justice reinvestment programs. This funding would assist states in providing innovative solutions to problems of recidivism and the incorporation of ex-offenders back into society in meaningful, cost-effective ways. Federal funding for these state programs will allow states to focus incarceration resources on the most serious violent offenders. NCSL opposes federal laws that impose additional penalties for criminal activities covered under existing state law. If federal funds are available, state and local governments should be allowed maximum flexibility in using those funds within their criminal justice systems., including, but not limited to offender needs for drug treatment and mental health. NCSL opposes any legislation that would restrict the ability of each state to determine the most effective manner in which to utilize whatever federal funds are made available for corrections. NCSL strongly opposes federal legislation that restricts state flexibility in sentencing or corrections policy. Correctional industry manufacturing and service operations offer a wide range of proven benefits to state and local governments. By productively occupying a portion of the prison population, correctional industries reduce inmate idleness and contribute to safe and secure prisons. Efficiently operated correctional industry programs produce lower cost goods and services for state and local governments, saving taxpayer dollars. Some industry programs produce revenue for state budgets through deductions from the wages of working inmates, particularly when inmates are employed by private-sector businesses in industries that operate either behind prison walls or in the community.

4 The Congressionally enacted Prison Industry Enhancement Certification Program (PIECP) encourages state and local governments to establish PIECP programs and correctional industries. PIECP differs from traditional correctional industries by exempting those approved operations from the normal restrictions on sale of prisoner-made goods in interstate commerce and to the federal government. Federal law imposes comparable wage and benefit and prevailing wage requirements on PIECP programs. State law or regulatory practice may further address non-displacement of workers and protect against unfair competition. Also, federal law allows for certain deductions from PIECP inmate wages for room and board, taxes, family and dependent support, and crime victim compensation. NCSL supports federal law that provides for sufficient state flexibility to implement and manage correctional industries, and to use state law or regulation to address state and local issues relative to PIECP programs and correctional industries. NCSL opposes federal legislation that would impose further, unnecessary restrictions on state-operated correctional industries; or legislation that would give federal prison industries preferential treatment in PIECP programs or permit direct competition with states that would exempt federal prison industries from prevailing wage or other requirements placed on participating states. Illicit Drugs Federal expenditures to attack drug abuse are directed at interdiction, law enforcement, prevention, education and treatment. The federal government should concentrate on the eradication of illicit drugs in source countries through diplomacy; it should improve interdiction efforts; it should attack interstate drug trafficking. Although money for law enforcement is critical, whatever federal

5 dollars may be appropriated must also be devoted to prevention and treatment. Many states and localities agree on the value of adopting drug testing as a condition of parole or probation. The federal government should not preempt these laws, and it should not mandate such testing on the states. Federal Financial Assistance Federal funds for justice should reflect the need for maintaining balance in the system. NCSL urges that justice system impact statements accompany any proposed legislation or executive orders that will affect the system. Funding should be directed to states rather than pass directly to local governments. Intergovernmental cooperation should be improved, particularly in information and intelligence. NCSL supports a strong federal role in research, funding demonstration programs, disseminating information, providing technical assistance and training. The federal government should provide leadership and funding that assists states, without attached mandates, in building strong communities, preventing violence against women, preventing and responding to youth violence, including school violence, updating correctional facilities, encouraging innovation in corrections, including community corrections and programs for prisoner reentry, breaking the cycle of drug use and crime, assisting crime victims, supporting law enforcement and enhancing public safety, countering terrorism and ensuring domestic preparedness, enhancing use of technology in addressing crime, and fostering productive legislative-judicial relations. The Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) Program is the cornerstone federal justice assistance program to states. Distributed by the Department of Justice, it provides vital criminal justice funding to states and can be used for a broad range of activities including drug treatment and enforcement, offender reentry initiatives, crime prevention, and corrections activities. Its flexible grant purposes permit states to innovate in a wide variety of criminal justice programs, based on changing state priorities and shifting community needs. Forty

6 percent of Byrne JAG funds are sent directly to local law enforcement in counties and municipalities. The remaining 60 percent is distributed through the state governments. NCSL supports full funding of the Byrne/JAG program. From time to time, Congress proposes unrelated criminal justice legislation that attempts to withhold a portion of state Byrne/JAG funds as a penalty for noncompliance with federal criminal justice priorities. NCSL opposes federal attempts to penalize states in this way. The federal government must respect state criminal justice priorities and recognize that states and the federal government can achieve change through partnerships, not through strong-arm tactics. NCSL also opposes any federal attempt to link state Byrne/JAG funding to an unrelated piece of federal legislation with the intent to coerce states to adopt certain federal priorities. Crime Records and Information Dissemination of criminal record information for criminal justice purposes helps protect the public by informing decision-makers about offenders. Increasingly, public and private noncriminal justice entities seek access to criminal record information for employment, licensing, and related public safety and national security purposes. NCSL supports use of the federal-interstate computer network known as the Interstate Identification Index (III) which ties state criminal record databases and the Federal Bureau of Investigation. Such tools provide means to conduct national searches of criminal records and facilitate information sharing under interstate compacts such as the National Crime Prevention and Privacy Compact, the Interstate Compact for Adult Offender Supervision, and the Interstate Compact for Juveniles. NCSL supports such state-federal information systems and sharing partnerships in the states where they have been adopted for purposes of crime control and counter-terrorism. NCSL maintains that records available via such systems should continue to be predominately state-maintained and state policies for dissemination of those records should be recognized by

7 and adhered to under the systems. NCSL supports federal assistance in improving state criminal history records and records systems, including the National Criminal History Improvement Program. NCSL opposes any unfunded federal mandates related to criminal history record keeping. This includes prescriptive policies on sex offender registration information tied to federal law enforcement assistance funds. NCSL supports federal non-preemptive initiatives that utilize DNA records in crime-solving and the administration of justice, including the Combined DNA Index System (CODIS). Federal funds, including those for DNA analysis backlog elimination, should support the use of DNA as an interstate investigative tool while adhering to state law and placing no new requirement on states regarding collection, dissemination or use of records.