Presidential Candidate Questionnaire on Criminal Justice Reform
Vice President Joe Biden
1. Candidates unanimously agree on the need for justice reform. What is your primary reason for supporting reduction of the prison population? (Please select one)
a. To rectify racial injustices that disproportionately affect people of color.
b. To make our justice system more cost effective and save taxpayer dollars.
c. To provide individuals who have made mistakes with a second chance to live law-abiding lives.
d. To end unfair practices that negatively impact individuals in lower socio-economic brackets.
e. To improve the safety of our communities and lower the crime rate.
f. Other.
2. Candidates have put forward lengthy criminal justice reform plans with dozens of proposed reforms. What is the first bill that you would put before Congress as President? (Please select one)
a. A bill to remove or reduce mandatory minimum sentences.
b. A bill to provide financial incentives to states that reduce their prison populations.
c. A bill to reform the probation system or reinstate parole in the federal system.
d. A bill to reform the bail system.
e. A bill to reform drug laws.
f. A bill to allow judges more flexibility in sentencing defendants to alternatives to prison.
g. A bill to end private prisons.
h. A bill to support police or prosecutorial reform.
i. A bill to increase opportunities for early release or remove barriers to successful reentry.
j. Other.
3. What is the first executive action that you would take as President? (Please select one)
a. Reform or expand the clemency process.
b. Repeal harsh prosecutorial directives of the Justice Department.
c. End the federal use of private prisons.
d. Establish a criminal justice reform commission.
e. Establish an oversight division for the Bureau of Prisons.
f. Fill vacancies in the United States Sentencing Commission.
g. Other.
4. What is the biggest step that you would take to combat systemic racial bias in the justice system? (Please select one)
a. Remove sentencing disparities for drug-related sentences.
b. Implement reforms to reduce the overall prison population.
c. End racial profiling across the justice system.
d. Divert low-level offenders away from jail and prison time.
e. Reform federal prosecutorial practices, or support local police reform.
f. End the school-to-prison pipeline.
g. Other.
5. It is critical that the President and Congress continue to act on criminal justice reform to establish national leadership on the issue. However, 86 percent of the national prison population is under the control of states. Most states have already acted to reduce their populations. What is the first step you would take to further incentivize states to reform their justice systems? (Please select one)
a. Pass the Second Chance Reauthorization Act.
b. Provide incentive funding to states that reduce their prison populations,while keeping down crime.
c. Provide funding for states that reform their bail systems.
d. Provide funding for local diversion programs and mental health and substance abuse treatment.
e. Increase funding for local public defense systems.
f. Other.
6. What is the first policy you would implement as President to increase successful reentry and reduce recidivism? (Please select one)
a. Increase access to higher education.
b. Increase employment opportunities.
c. Reform probation and parole laws.
d. Expand expungement and record sealing opportunities.
e. Provide greater drug abuse and mental health treatment.
f. Other.
7. A November 2018 Washington Post investigation found large scale obstruction by the Justice Department in implementing the First Step Act. As President, how will you ensure that the First Step Act is faithfully and fully implemented? (Please select one)
a. Ensure the Bureau of Prisons receives requisite funding to implement and expand the recidivism-reduction programming required by the Act.
b. Hold the Justice Department accountable to abide by the law’s sentencing reforms and allowing the resentencing of eligible individuals.
c. Improve the system in which federal prisoners are assessed for risk and needs before placed into recidivism-reduction programming.
d. Other.
8. Of the current bipartisan bills pending in Congress, which is your priority to see passed this year? (Please select one)
a. The Fair Chance to Compete for Jobs Act, which would delay when federal employers may inquire about criminal history until later in the hiring process.
b. The Clean Slate Act, which would provide automatic record sealing for nonviolent, drug-related offenses for individuals who have remained crime free.
c. The REAL Act, which would remove the ban on incarcerated individuals accessing Pell Grants for higher education.
d. The Smarter Sentencing Act, which would reduce mandatory minimum sentences for drug possession offenses.
e. The Justice Safety Valve Act, which would allow judges to depart from harsh mandatory minimum sentences.
f. Other.
9. What is your view on whether and when voting rights should be restored to individuals with criminal convictions? (Please select one)
a. Voting rights should not be revoked for criminal convictions.
b. Voting rights should be automatically restored for individuals upon release from prison.
c. Voting rights should be automatically restored for individuals convicted of nonviolent or drug offenses upon release from prison.
d. Voting rights should be automatically restored for individuals after they have completed all terms of their sentence, including parole and probation.
e. Voting rights should not be restored for individuals who have had them revoked.
f. Other.
10. Please provide one example of a bipartisan effort you have engaged in to advance justice reform. (Please limit to 250 words)
In 2007, I authored legislation that would have completely eliminated the unjustified sentencing disparity between crack and powder cocaine. This 2007 bill helped lay the foundation for the passage of the bipartisan Fair Sentencing Act of 2010 during the Obama-Biden Administration. The 2010 law narrowed this disparity and eliminated mandatory minimums for simple possession of crack cocaine. We should now finish the job and end, once and for all, the federal crack and powder cocaine disparity, as proposed in my criminal justice plan. And I will ensure that this change is applied retroactively.
(11) How would you work to build a bipartisan consensus to move the broadest possible justice reform package across the finish line? (Please limit to 250 words)
I am proud that throughout my public service I have pushed for bipartisan support on legislation that is of utmost importance to the American people, ranging from the Violence Against Women Act to the Recovery Act to the Fair Sentencing Act of 2010. I know how to do this. And, I will bring all the stakeholders to the table to get criminal justice reform done.
As president, I will build consensus for and work to enact evidence-based criminal justice reforms. I’ll start by calling for the immediate passage of Congressman Bobby Scott’s bipartisan SAFE Justice Act, an evidence-based, comprehensive bill to reform our criminal justice system “from front-end sentencing reform to back-end release policies.” I will also create a $20 billion competitive grant program, inspired by a Brennan Center proposal, to spur states to focus on prevention and reducing incarcerated populations. I will expand the Justice Department’s use of pattern-or-practice investigations and consent decrees to address unlawful policing. I will decriminalize the use of cannabis and automatically expunge all prior cannabis use convictions and end incarceration for drug use alone and instead divert individuals to drug courts and treatment. I will stop corporations from profiteering off of incarceration. And, I will eliminate existing barriers (such as disenfranchisement, preventing access to SNAP, Pell grants, and housing support) preventing formerly incarcerated individuals from fully participating in society. These are just a few of the policies I have put forward in my comprehensive criminal justice reform plan, available at joebiden.com/justice.