Congressman Adam Smith

Representing the 9th District of Washington

Criminal Justice

Roadmap for Criminal Justice Reform

A functioning justice system must work to protect the innocent, while simultaneously holding accountable and rehabilitating those who commit crimes. We must comprehensively overhaul a criminal justice system that, in its current form, is guided by outdated laws and perpetuates structural failures in society. Our judicial system sets up those who have offended and served their sentences to continued failure, even after they have served their time.

As a nation, we incarcerate more of our own citizens than any other country in the world – often times for non-violent drug offenses. Past reforms meant to keep our communities safer have resulted in disproportionately high incarceration rates among people of color, splitting families apart and helping to continue cycles of poverty. Despite the creation of innovative tools at the local level in King County to institute diversionary “safety valve” mental health, drug rehabilitation, and veterans treatment courts, these resources do not currently exist at the federal level. Communities of color still face disproportionate mandatory minimum sentences, with charges often stacking on top of one another. The vast majority of inmates leaving prison face long-term unemployment, with employers often unwilling to consider them due to their records.

As a former prosecutor, I have had a unique exposure to the intricacies of our judicial system. The men and women who work in law enforcement, as prosecutors, public defenders, judges, and corrections officers shoulder the immense duty of keeping our communities safe. These individuals must uphold this responsibility while at the same time assuring that the system remains fair and balanced, and that individuals are treated and judged equally under the law.  The time has come to make important adjustments to the way we handle criminal justice in our country.

In recognition of the need for comprehensive reform, I have laid out a “roadmap” of criminal justice reform initiatives to make improvements throughout the judicial system. Congress should pass the SAFE Justice Act, a comprehensive bill that I cosponsored which utilizes evidence-based, state-tested reforms across the spectrum of criminal justice – from sentencing reform and safety valve programs, to changes in post-release supervision. I support establishing federal grant programs for Body Worn Cameras (BWCs) because we must work with and support our men and women in law enforcement, promoting accountability and transparency. I also strongly support funding for legal help to low income individuals, as well as legislation that implements evidence-based changes in our prisons and supports the reentry of those who have completed their sentences back into society.

I applaud President Obama’s efforts to turn the tide in this area, including his executive action to “ban the box” on initial paperwork for federal employment applications, which mirrors legislation that I cosponsored. Banning the box is a good start, however there is no singular solution—we must make across-the-board changes if we are to truly increase employment and education opportunities for those leaving incarceration, and begin to address this and other unintended negative consequences of the 1994 Crime Bill.

Leadership at the federal level is critical to ensure wider enactment of restorative justice programs like those spearheaded by Washington State. As we work towards common-sense reforms to our criminal justice system, I greatly value the continuing information, opinions and experiences shared with me by my constituents about these critical topics. We must chart a new course if we are to build a stronger tomorrow.

Law Enforcement

Everyone has the right to be treated equally under the law and to have the peace of mind that they and their loved ones will not be subject to excessive use of force or bias by law enforcement.  It is critical that trust exists between law enforcement and the communities they serve. 

In order to rebuild and preserve relationships between the judicial and law enforcement systems and the communities, it is crucial that safety and transparency are prioritized. While the vast majority of law enforcement officers in our country operate with the highest degree of professionalism and without bias, the specter of racial profiling has greatly impacted relationships with some communities of color. It is critical that we address the underlying issues that have created such divides.

It is for that reason that I have cosponsored legislation that would establish pilot grant programs through the Department of Justice (DOJ) using existing funding to assist state, local, and tribal law enforcement agencies with the costs of purchasing or leasing Body Worn Cameras (BWCs). In the wake of the recent alarming events involving law enforcement across the country, body-worn cameras have emerged as a potentially powerful transparency tool to communities, as well as police officers. The use of cameras is not a perfect solution, and the DOJ must conduct studies on the impact of BWCs on not only reducing excessive use of force by police, but also increasing accountability of officers, the effects of BWCs on both officer safety and public safety, and best practices for data management.  

I also support and have cosponsored legislation designed to enforce the constitutional right to equal protection of the laws by changing the policies and procedures underlying the practice of profiling, such as End Racial Profiling Act. I have consistently supported programs such as the Byrne Justice Assistance Grants (JAG) and Community Oriented Policing Services (COPS) programs to improve the support and responsiveness that police agencies can provide to the communities they serve. The Byrne JAG program provides support for many parts of the criminal justice system, including community-based criminal justice initiatives, crime prevention education, hiring patrol officers, and programs such as veterans treatment courts. Byrne JAG also supports anti-human trafficking training for local departments to identify and rescue victims through coordination with federal law enforcement and victims service providers. The COPS Office and its corresponding programs provide invaluable resources and technical assistance to state and local law enforcement agencies. It is essential, now more than ever, that these programs be used to encourage reforms, increase training for law enforcement officers, and create trust through community outreach.

I am committed to working with my colleagues to find additional avenues to protect civil liberties, increase transparency, and work to address bedrock issues that have frayed the trust between law enforcement and communities in many parts of the country.  

Comprehensive Drug Policy

There is a rapidly growing opioid abuse epidemic in our nation and the need for comprehensive treatment has never been greater. The abuse and addiction to opioids such as heroin, morphine, and prescription pain relievers is a serious problem that affects the health, social, and economic welfare of all societies. According to the 2013 National Survey on Drug Use and Health 1.9 million people in the United States suffered from substance use disorders related to prescription opioid pain medicines in 2013 and 517,000 suffered from a heroin use disorder. The number of unintentional overdose deaths from prescription opioids has soared in recent years, more than multiplying since 1999.

This crisis has had a devastating effect on public health and safety in communities across the United States. According to the Centers for Disease Control and Prevention (CDC), drug overdose deaths now surpass traffic crashes in the number of deaths caused by injury in the U.S, with an average of 120 drug related deaths per day in 2014. Factors such as drastic increases in the number of prescriptions written and dispensed and greater social acceptability for using medications for different purposes has contributed to the growing epidemic of opioid addictions.

While I ultimately am pleased that Congress has begun to address the serious and growing challenge posed by the abuse of prescription and illicit opioids in this country with the passage of the Comprehensive Opioid Abuse Reduction Act in May 2016, the compromise bill failed to include additional emergency funding to support new programs. It is absolutely essential that we recognize the evidence-based fact that remanding these individuals to jail and prison is structurally, as well as morally, wrong. Funding grant programs and other new initiatives is a critical responsibility of Congress that cannot be ignored. More can and must be done to make this a truly comprehensive approach.

Legalization Clarity on Marijuana

On November 6, 2012, Washington State voters approved Initiative Measure 502 concerning recreational use of marijuana with 55.7 percent of the vote. The Washington State Liquor and Cannabis Board is responsible for issuing licenses for growing, producing, and selling marijuana.

Looking at the legal implications of this issue, I am deeply concerned about the conflicts between federal and state law.  While it is legal to possess and use a limited quantity of marijuana under state law, marijuana remains an illegal substance under federal statutes.  This lack of clarity is unacceptable.  Individuals following state law should not be subject to federal enforcement. As Washington state’s marijuana law continues to be implemented, it is critical that the confusion and disagreement between federal and state laws be reconciled.

Though much work remains to be done, the Drug Enforcement Administration’s (DEA) decision to expand research opportunities on marijuana is a sign of progress. It is my sincere hope that the loosening of the National Institute on Drug Abuse (NIDA) research monopoly will foster new information, and further the conversations about federal-level policy.

While the limited enforcement direction that the DOJ has taken is a positive step, I remain concerned about possible prosecution of Washington State residents who are acting in accordance with state law. I have contacted DOJ numerous times about this issue, and along with other Members of Congress, asking that the DOJ respect voters acting in accordance with state laws, and not enforce federal marijuana laws on those in compliance.  I have also spoken directly with officials in the White House and DOJ expressing my concerns. I am committed to protecting the rights of residents in Washington State, and will continue to look for any avenue to ensure legal clarity when it comes to marijuana use.  

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More on Criminal Justice

Jan 4, 2017 Page

I want to serve my constituents in any way I can. Whether you need help with a federal agency, are trying to find out if federal grants are available for your project, or are considering applying to a service academy, my staff and I are accessible for those who need assistance.

 

Nov 18, 2016 Press Release

“With the nomination of Senator Jeff Sessions as the 84th Attorney General for the United States, President-elect Donald Trump has selected a documented racist to be a member of his cabinet.

Sep 22, 2016 Press Release

“Today, I voted in support of H.R. 5963, the Supporting Youth Opportunity and Preventing Delinquency Act of 2016. Led by Rep. Carlos Curbelo and Ranking Member Bobby Scott of the House Committee on Education and the Workforce, this legislation reauthorizes and strengthens the Juvenile Justice and Delinquency Prevention Act (JJDPA) to help state and local leaders better educate and rehabilitate at-risk youth and juvenile offenders. These long-overdue reforms provide direction and support for necessary juvenile justice system improvements.

Aug 30, 2016 Press Release

“I am encouraged that Secretary of Homeland Security Jeh Johnson has called for a review of current policies concerning the use of privately run detention centers. I believe they will find that these prisons are not the best our government can provide to ensure everyone's rights are protected. 

“At the Northwest Detention Center in Tacoma, Washington, I have witnessed firsthand the exploitative living conditions these detainees face and have advocated for immediate changes to our immigration detention operations. 

Aug 18, 2016 Press Release

“I applaud the Justice Department’s decision to end its use of private prisons. The recent Justice Department Inspector General findings highlights the safety and efficiency problems common in private contract facilities, and gave the Justice Department the information they needed to meaningfully reevaluate their longstanding use of private prisons. While the changes in our justice system will not take place overnight, this is a positive step forward. 

Jul 13, 2016 Press Release

“Congress has the very serious responsibility of addressing the challenges our country faces with rational policy solutions. We are tasked with the duty of developing legislation that creates broad-based opportunities for all, grows our economy, and keeps our country strong and forward-looking, while making government work better for everyone.

Jun 12, 2016 Press Release

“I condemn in the strongest possible terms the terrorist attack in Orlando, the worst mass shooting in United States history. I offer my deepest condolences to the victims and their families. I would like to extend particular sympathies to the LGBTQ community during this unspeakable tragedy.

“As authorities investigate this horrific shooting, America must speak with one voice against gun violence of any kind. We can and must do more to confront the crisis that continues to afflict our country.” 

May 13, 2016 Press Release

“Our nation is in the midst of a heroin and prescription drug abuse epidemic, resulting in the deaths of thousands, and taking a toll on the health and safety of many Americans and their families. Since 2000, overdose deaths have increased 137% - costing more than 60 lives a day. Congress must act to stem this nation-wide epidemic by investing in prevention, treatment, recovery, and efforts to prevent the smuggling of drugs across our borders.

Apr 29, 2016 Press Release

“The House Armed Services Committee is maintaining its bipartisan tradition. We worked through a lot of issues throughout the mark-up process, including a number of very controversial provisions. We crafted legislation the way it is supposed to be done. We held productive debates, disagreed, voted, and at the end of the process we passed a very significant piece of legislation.

Apr 28, 2016 Press Release

“Terrorism is about spreading fear. As we combat violent extremism and the spread of dangerous propaganda, we must recognize that hateful ideology originates both overseas and at home. Since the 9/11 attacks, domestic terrorists have killed more people in the United States than foreign terrorist organizations.

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