February 2020

My first interview for Vision For Reform was with North Carolina Republican Senator Thom Tillis. Senator Tillis took office in 2015 and is up for re-election this year. He currently serves on four committees; armed forces, veteran's affairs, banking, housing, and urban affairs, and the Judiciary. Via email, I asked Senator Tillis some questions about criminal justice reform in North Carolina and what part he has played. Here's what he had to say...

Dawn Poole: What areas of criminal justice reform do you feel are most important?

Thom Tillis: I believe criminal justice reform is vital to our state and country. Criminal justice legislation has to balance reducing crime and making our justice system more equitable. I especially appreciate hearing from constituents, like you, about these issues to inform my positions. As Senator, there are three pieces of bi-partisan legislation that standout as especially important: the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person (FIRST STEP) Act, the Debbie Smith Act of 2019 and Prohibiting Punishment of Acquitted Conduct Act. I am co-sponsor and supporter of all three bills.

DP: I've listed topics I'm interested in covering, such as untested rape kits, cash bail system, and exonerating the innocent. Are there any other topics I should know about?

TT: When it comes to criminal justice reform, I believe that any conversation must also include mental health. Too often this important issue of criminal justice reform is overlooked.

On September 26, 2019, S. 2566, Prohibiting Punishment of Acquitted Conduct Act of 2019 was introduced by Senator Durbin (D-IL). I am a co-sponsor of this legislation. If enacted it would amend 18 U.S.C. 3661 to preclude a court of the United States from considering, except for purposes of mitigating a sentence, acquitted conduct at sentencing. This bill would define "acquitted conduct" to include acts for which a person was criminally charged and adjudicated not guilty after trial in a Federal, State, Tribal, or Juvenile court, or acts underlying a criminal charge or juvenile information dismissed upon a motion for acquittal.

DP: What is North Carolina doing about reform?

TT: In 2011, when I was speaker of the North Carolina House, I led the effort to pass the Justice Reinvestment Act. This sweeping criminal justice bill placed an emphasis on rehabilitation and reducing the likelihood of individuals returning to prison. This law resulted in a reduction in North Carolina's prison population and a significant decrease in the recidivism rate. Additionally, while Speaker, I presided over the passage of several juvenile justice reforms including allowing a juvenile's criminal record to be expunged of non-violent offenses and limiting detention for certain offenses.

DP: What reform legislation has been passed in the last couple of years?

TT: I was very pleased that on December 21, 2018, President Trump signed the FIRST STEP Act into law. It is the most significant reform to our criminal justice system in a generation. The comprehensive package aims to reduce crime by helping low-risk inmates prepare to successfully rejoin society through participation in proven recidivism reduction and professional development programs. It also improves fairness in prison sentences by recalibrating certain mandatory minimum sentences, granting greater discretion for judges in the sentencing of low-level, nonviolent drug crimes and clarifying congressional intent on sentencing enhancements for certain crimes involving firearms. The FIRST STEP Act preserves the maximum potential sentences for violent and career criminals.

On March 14, 2019, Senator John Cornyn (R-TX) introduced the Debbie Smith Act of 2019. I am a proud cosponsor of this legislation, which would reauthorize the Debbie Smith Act to help reduce the rape kit backlog. The reauthorization will extend funding for the testing of DNA evidence from unsolved crimes nationwide, DNA training and education for law enforcement, and for the Sexual Assault Forensics Exam Program. The Debbie Smith Act unanimously passed the Senate and was signed into law by President Trump on December 30, 2019. In North Carolina, a recent inventory found that there are more than 15,000 untested rape kits. I believe victims of sexual assault deserve the opportunity to seek justice, and it is vitally important that local law enforcement agencies are equipped with the necessary tools and resources to help victims of sexual assault do so.

DP: Is there legislation currently being looked at?

TT: There are three additional bills that I have co-sponsored that are currently pending. The RESPONSE Act (S. 2690), Thin Blue Line Act (S. 1208) and Prohibiting Punishment of Acquitted Conduct Act (S. 2566).

The RESPONSE Act, which is currently pending in the Senate Judiciary Committee, would provide proactive solutions to improve access to mental health care treatment, provide tools and resources to our schools, and improve the information law enforcement has to stop acts of imminent violence. If the bill is enacted, it would increase safety in our schools and local communities.

The Thin Blue Line Act would push for states to consider aggravating factors, such as ones used in federal cases, when local law enforcement is killed. When a jury in a federal case considers whether to impose the death penalty, the jury must consider certain "aggravating" factors. Current federal law states that if the murder victim is a federal law enforcement officer or federal prosecutor, this fact shall weigh as an aggravating factor in favor of the death penalty. The Thin Blue Line Act provides the same level of justice to local law enforcement officers, prosecutors, and first responders. Currently, this legislation is still pending in the Senate Judiciary Committee.

As stated earlier, S. 2566, Prohibiting Punishment of Acquitted Conduct Act of 2019 has been introduced in the Senate. Currently, it is pending in the Judiciary Committee. I believe this legislation will be beneficial to criminal justice reform. The legislation has received bi-partisan support, which is a good sign of potentially moving forward to robust discussion in the Judiciary Committee.

DP: Is there any additional information about reform you would like to share?

TT: As a member of the Senate Judiciary Committee, I have the opportunity to review and discuss any criminal justice legislation that is introduced. I welcome all opinions and considerations. Feel free to contact me if you have any additional concerns about legislation at (202) 224-6342. If I am not available, one of my staff members will assist you.