Via this extended Medium posting, Beto O'Rourke has released what he titles "Beto’s Comprehensive Plan to End Mass Incarceration and Reform Our Criminal Justice System to Prioritize Rehabilitation." The plan is too lengthy and detailed for ready summary, but here are a few of the sentencing parts:
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Reforming Sentencing and investing in alternatives to incarceration.
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Eliminate mandatory minimum sentencing. Beto will end the sentencing disparity between offenses for crack and powder cocaine, which currently sits at 18:1, establishing a 1:1 ratio.
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Legalize marijuana and expunge the records of those who have been convicted for possession. Additionally, treat substance use disorder as a public health issue — not a criminal justice issue — ensuring individuals receive access to mental health care and substance use disorder treatment and recovery, not punishment.
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Invest $500 million into a pilot program focused on developing alternatives to incarceration, with an emphasis on averting juvenile detention and providing treatment and access to recovery for individuals with substance use disorders, alcohol use disorders, and mental health disabilities.
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Beto will provide incentives to states to reduce sentences by implementing evidence-based sentencing alternatives, allow incarcerated individuals to receive “earned time credits” by participating in more vocational and rehabilitative programs and reform probation to strengthen rehabilitation.
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Repealing and reforming the portions of the 1994 Crime Bill that contributed to mass incarceration and perpetuated the War on Drugs, including the provisions that allowed prosecutors to charge 13-year-olds as adults for certain crimes and expanded the list of crimes where one could receive the death penalty. Beto will also simultaneously champion the reauthorization of the Violence Against Women Act, which is part of the Crime Bill, and provide the resources needed to end the rape kit backlog across the country....
Promote clemency for individuals incarcerated in federal facilities. A unique power of the President is extending clemency to individuals who, despite being charged for low-level, non-violent offenses, are facing extended sentences or whose sentences would have been different if they occurred today. While clemency is a personal decision by the President, Beto would streamline the process. Beto will set the goal of reducing incarceration by at least 25,000 fewer incarcerated persons during his first term. Granting clemency to 25,000 inmates will save the federal government hundreds of millions since the average annual cost of keeping someone in jail is approximately $36,000. Following the recommendations of the ACLU and modeled on President Obama’s 2014 Clemency Initiative, Beto would prioritize reviewing the sentences of elderly individuals (above age 50 when recidivism rates significantly drop) and those in declining health; individuals with disabilities and chronic illness; those who have been incarcerated solely for drug possession; and individuals subject to extraordinarily long sentences. To achieve this goal, Beto will:
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Expand access to clemency applications by making a uniform clemency application, providing access to needed accommodations, and ensuring that every incarcerated individual is aware of their right to apply for clemency and can access the application online.
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Work with the Administrative Office of the Courts and reform the Criminal Justice Act to allow federal public defenders to represent individuals in clemency petitions.
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Encourage adoption at both the federal and state level of “second look” sentencing laws, allowing a judge to review an individual’s sentence after a period of years, evaluate the individual’s behavior while in prison, and if warranted, reduce excessive sentences.
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Call on Governors to adopt aggressive goals for granting clemency to individuals in their state prison systems.
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