WHY WE MUST REFORM OUR CRIMINAL JUSTICE SYSTEM

America's criminal justice system is broken.

How broken? The numbers are stark:

The United States has 5% of the world's population, yet possesses 25%
of the world's prison population;

More than 2.38 million Americans are now in prison, and another 5
million remain on probation or parole. That amounts to 1 in every 31
adults in the United States is in prison, in jail, or on supervised release;

Incarcerated drug offenders have soared 1200% since 1980, up from
41,000 to 500,000 in 2008; and

60% of offenders are arrested for non-violent offensives--many driven
by mental illness or drug addiction.

Numbers only tell part of the story.

While heavily focused on non-violent offenders, law enforcement has
been distracted from pursuing the approximately one million gang
members and drug cartels besieging our cities, often engaging in
unprecedented levels of violence. Gangs in some areas commit 80% of
the crimes and are heavily involved in drug distribution and other
violent activities. This disturbing trend affects every community in
the United States.

Ex-offenders are also confronted with a lack of meaningful re-entry
programs. With the high volume of people who are coming out of
prisons, it is in the self-interest of every American that national
leadership design programs that provide former offenders a true
pathway towards a productive future.

An examination is required as to what happens inside our prisons. Our
correctional officers deserve better support in dealing with violent
criminals under their supervision. It is also imperative that we
facilitate a safe environment for all inmates, and examine ways to
better prepare them for their release back into civil society. The
de-humanizing environment of jails and prisons compounds these challenges.

Without question, it is in the national interest that we bring
violent offenders and career criminals to justice. The purpose of
this legislation is not to let dangerous or incorrigible people go
free. Rather, it is to determine how best to structure our criminal
justice system so that it is fair, appropriate and--above all--effective.

No American neighborhood is completely safe from the intersection of
all of these problems.

Today, the Senate Judiciary Committee will hold a hearing on the
National Criminal Justice Commission Act of 2009. This legislation,
which I originally introduced in March, creates a Presidential level
blue-ribbon commission charged with conducting an 18-month,
top-to-bottom review of our nation's entire criminal justice system,
ultimately providing the Congress with specific, concrete
recommendations for reform.

The committee hearing can be seen via webcast live today at 3:00pm.

The goal of this legislation is nothing less than a complete
restructuring of the criminal justice system in the United States.
Only an outside commission, properly structured and charged, can
bring us complete findings necessary to do so.

Fixing our system will require us to reexamine who goes to prison,
for how long and how we address the long-term consequences of their
incarceration. Our failure to address these problems cuts against the
notion that we are a society founded on fundamental fairness.

Today's hearing "Exploring the National Criminal Justice Commission
Act of 2009," chaired by cosponsor and Chairman of the Subcommittee
on Crime and Drugs, Senator Arlen Specter and ranking Republican
Senator Lindsey Graham, also a sponsor, provides a platform for
Judiciary Committee members to hear witness testimony from a wide
spectrum of political ideologies and backgrounds including my own
statement, about the need to make this commission a reality.

The National Criminal Justice Commission Act has already garnered
wide support from across the political and philosophical spectrum,
including 29 sponsors in the Senate, among them many senior members
of the Senate Judiciary Committee. My staff and I have engaged with
more than 100 organizations and associations, representing the entire
gamut of prosecutors, judges, defense lawyers, former offenders,
advocacy groups, think tanks, victims rights organizations,
academics, prisoners, and law enforcement on the street. This
engagement is ongoing, and support continues to grow.

My goal, shared by Senate Judiciary Committee Chairman Patrick Leahy,
is to pass this legislation soon and to enact it into law this year.
Obviously we appreciate any measure of support and assistance in this
difficult undertaking. For more information, please visit my website,
www.webb.senate.gov.