Most Americans believe people should be treated with fairness and dignity, with the opportunity for forgiveness and change even when they have committed serious errors and transgressions. This deeply held conviction extends to men and women detained by the justice system, challenging those of us in the conservative policy community to advance positions that ensure accountability while allowing for redemption.
Unfortunately, our current prison system has failed to sentence offenders according to these precepts. The system too often fails to punish the most dangerous and repeat offenders while severely sentencing minor criminal offenders who have demonstrated contrition and change for the better. The process, as it stands, puts communities at risk and prevents others from positively contributing to our society.
Fortunately, a few commonsense reforms, beginning with veterans, can ensure the criminal justice system offers accountability, safety, and redemption for all.
Military veterans, who make up 7% of America’s adult population, have put their lives on the line to maintain our freedoms and the system of laws enshrined in the Constitution. Because of the sacrifices demanded of their service, veterans are at high risk of suffering from mental health conditions, substance abuse, homelessness, and violence, all of which can lead to run-ins with the law and a prison sentence. In fact, veterans are 22% more likely than nonveterans to be imprisoned for violence, especially in state prisons, in which nearly 70% of incarcerated veterans have served time for violent crimes.
However, prison time and criminal charges could be avoided altogether in many cases by proactively treating veterans for the health conditions that set them on this path. With prevention in mind, Minnesota legislators enacted the Veterans Restorative Justice Act in 2021 to allow veterans to avoid serving time in prison if they agree to receive care for post-traumatic stress disorder, substance abuse disorders, and other conditions arising from their military service.
In April, Gov. Jim Pillen (R-NE) signed similar criminal justice legislation, hailed by former U.S. Defense Secretary Chuck Hagel as a model framework for federal use. In fact, the nonpartisan Council on Criminal Justice’s Veterans Justice Commission recommends that both state and federal lawmakers pass similar legislation to help heal warriors’ “invisible wounds,” a powerful step forward for veterans and their loved ones.
Beyond veterans, there is a dire need for reforms among the general population, in which as many people have criminal records as college diplomas. Of the 1 in 3 people with a “criminal history,” many are minor offenders, and some have merely been arrested but never charged or convicted.
To address this widespread problem, lawmakers introduced the bipartisan Clean Slate Act and Fresh Start Act in 2023 to allow nonviolent offenders with completed sentences to reform their ways, reintegrate themselves into society, and regain employment, housing, and education. Much like the provision of the CARES Act of 2020, which safely relocated 11,000 nonviolent federal prisoners suffering from the COVID-19 pandemic to their homes, the bills recognize that minor offenses such as speeding violations are often no reason to detain otherwise law-abiding people.
The Safer Supervision Act, now before Congress, seeks to address problems in the criminal justice system following release. At present, nearly every former inmate is put in a supervision program intended to monitor their behavior and reduce recidivism. The problem is that more than 110,000 people are under supervision at any given time, a number so large that the program is straining overworked probation officers, who are stretched thin among nonviolent former offenders instead of focusing on the most dangerous and possible repeat offenders in the population.
The Safer Supervision Act, which has earned bipartisan endorsement from lawmakers and the Federal Law Enforcement Officers Association, would provide supervised release only to high-risk people. The legislation would allow a supervised person to graduate supervision early after proving his or her good conduct through a streamlined process that reduces spending and promotes successful rehabilitation, a win-win.
Other bipartisan proposals, such as the Federal Prison Oversight Act, aim to restore transparency and accountability to the prison system, requiring more frequent and thorough inspections of high-risk facilities.
All of these measures follow in the footsteps of the FIRST Step Act, landmark legislation in 2018 that conservative groups such as the Faith & Freedom Coalition, the American Conservative Union, and Right on Crime helped craft alongside centrist and liberal groups. It retroactively released 3,000 federal drug offenders from overly harsh sentences.
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Each of these proposed reforms reveals that lawmakers have the capacity to think creatively to ensure that respect for human dignity remains a vital component of the criminal justice system. They also ensure that government resources are focused on keeping communities safe from the most dangerous criminals and, critically, that veterans receive the care they deserve.
Together, these measures constitute commonsense reforms that will protect people and ensure fair treatment for all under the law. We now need Congress to give them the attention they deserve.
Timothy Head is the executive director of the Faith and Freedom Coalition.