[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H. Res. 660 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. RES. 660 Recognizing that the United States has a moral obligation to meet its foundational promise of guaranteed justice for all. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES August 19, 2025 Ms. Pressley submitted the following resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ RESOLUTION Recognizing that the United States has a moral obligation to meet its foundational promise of guaranteed justice for all. Whereas the United States has an incarceration crisis that has destabilized millions of Americans, caused intergenerational harm and trauma to families, decimated entire communities, and disproportionately impacted communities of color, particularly Black communities; Whereas the Federal Government has an obligation to rebuild the American legal system so that it is smaller, safer, less punitive, and more humane; Whereas mass decarceration is a moral and societal imperative that the United States must strategically and effectively pursue; Whereas the Federal Government manages the largest immigration detention system in the world, spends more resources on immigration enforcement than on all other Federal enforcement agencies combined, and now makes up the fastest growing incarceration system in the country; Whereas it should be the responsibility of the Federal Government to make America more free by dramatically reducing jail, prison, and immigration detention populations; make America more equal by eliminating racial disparities, wealth-based discrimination, and corporate profiteering; make America more secure by investing in the communities most destabilized by the failed policies of overpolicing and mass incarceration; and make America more just and humane by ensuring basic resources needed to feel safe are equitably provided to all people; Whereas the American legal system duplicates and maintains systems of oppression that can be traced back to slavery, and as a result disproportionately harms Black communities throughout the United States; Whereas public safety is of paramount importance for every person, family, and community in this country; Whereas a humane and effective justice system is a necessary predicate for a functioning and healthy democracy; Whereas, as recently as the early 1970s, the United States had an incarceration rate on par with most other Western democracies, and while their crime rates today are at nearly identical levels, America's incarceration rate is five times higher; Whereas the United States of America, a Nation purported to be founded on the principles of liberty and justice for all, has become the most incarcerated country in the world; Whereas throughout the United States-- (1) nearly 5 million people are arrested and jailed every year; (2) almost 2.2 million people are incarcerated, including 176,824 people in Federal jails and prisons; (3) collectively, 1,273,605 people are locked in State prisons and another 745,200 people are detained in a local jail on any given night; (4) 500,000 immigrants are incarcerated in immigrant jails and prisons annually, marking a 75-percent increase in immigration detention over the last decade; (5) 4.5 million people are under some form of community supervision, including probation and parole; (6) despite making up 5 percent of the world's population, the United States has more than 20 percent of the world's prison population; (7) incarcerated people remain incarcerated for longer periods of time, and the number of people serving life sentences has quadrupled since 1984, even as crime has fallen, and-- G (A) one out of every seven people in prison is currently serving a life sentence, of which almost one-quarter are sentenced to life without parole; G (B) the average sentence length for individuals convicted of a Federal offense carrying a mandatory minimum penalty is 110 months of imprisonment; G (C) more than two-thirds of people incarcerated in Federal prisons serving life sentences have been convicted of nonviolent crimes, including 30 percent convicted for a drug crime; and G (D) there are tens of thousands of people over the age of 50 who remain locked up though they are elderly, sick, and pose little to no public safety risk; (8) tens of thousands of people are forcibly deported away from their families through an immigration enforcement system that replicates the harms of overpolicing and racial profiling by local law enforcement agencies due to formal and informal cooperation agreements between such agencies and Federal immigration enforcement; and (9) more than a quarter of a million young people are arrested or referred to law enforcement in their schools each year with increasing investments toward school policing, surveillance, suspensions and expulsions, harsh discipline, and arrests, in lieu of counseling, educational resources, and physical improvements to classrooms and school structures, leading to a ``cradle-to-prison pipeline''; Whereas, while incarceration is the final and too frequently end result of the American legal system, the harm is collectively experienced by a far larger set of people, especially Black and Brown individuals, through overzealous policing practices and subsequent correctional surveillance and stigmatization; Whereas Black people are incarcerated at 5 times the rate of White people, making up just 13 percent of the national population, but 33 percent of the country's prison population; Whereas Latinos represent 16 percent of the adult population, but account for 23 percent of the Nation's prison population; Whereas the imprisonment rate for Black women (92 per 100,000) is twice the rate of White women (49 per 100,000); Whereas Black, Hispanics, and indigenous communities are the most heavily impacted by the American legal system; Whereas expanded and militarized police forces, including in the form of proactive policing or so-called ``broken windows'' policing, has led to mass criminalization, worsening police-community relations, and unacceptable levels of State violence, specifically impacting Black people; Whereas women are the fastest growing population in the American legal system, outpacing men two to one, and their numbers have grown nearly 800 percent from 1978 to 2017; Whereas one in two women in prison are incarcerated as a result of nonviolent offenses, and nearly two-thirds are confined in jails due to an inability to afford cash bail; Whereas a majority of incarcerated women report having experienced trauma due to sexual violence, intimate partner violence, and caregiver violence; Whereas 85 percent of currently incarcerated women report having been the primary caretaker of children prior to their incarceration; Whereas a large percentage of currently incarcerated women are either elderly, ill, survivors of domestic violence, or have served more than 10 years; Whereas incarcerated women are subject to permanent denial of parental rights, which have contributed significantly to the destruction of families; Whereas women and young people continue to be criminalized and fear arrest or jail for experiencing a pregnancy loss, ending a pregnancy, or supporting a loved one who has lost or ended a pregnancy; Whereas the toll of incarceration and detention has had a severe impact on lesbian, gay, bisexual, transgender, queer, intersex, and asexual (``LGBTQ+'') individuals who are imprisoned at far higher rates than the overall population; Whereas 8 percent of adults in prisons and jails, or approximately 162,000 adults, identify as lesbian, gay, or bisexual; Whereas an estimated 3,209 adults held in prisons or jails in the United States identify as transgender; Whereas LGBTQ+ people are more likely to experience sexual violence while incarcerated than non-LGBTQ+ people; Whereas LGBTQ+ immigrants are 97 times more likely to be sexually victimized in immigration detention than non-LGBTQ+ individuals; Whereas LGBTQ+ people in prison, jail, and detention facilities are disproportionately subjected to solitary confinement as a means of protection compared to non-LGBTQ+ people; Whereas incarceration can be traumatic, dehumanizing, and harmful for LGBTQ+ people affected by it, particularly those who are low-income and people of color; Whereas violence against transgender women of color has reached epidemic proportions in the United States, as evidenced by the murder of at least 26 transgender women in 2018; Whereas incarcerated individuals endure jails and prisons that are cruel, inhumane, and are subjected to practices that are not conducive to rehabilitation; Whereas over 61,000 people across the United States are subjected to solitary confinement every day, isolated for 22 to 24 hours a day with little to no human interaction; Whereas many incarcerated individuals suffering from chronic illnesses often receive little or no treatment, and individuals suffering from substance use disorders face higher rates of overdose in jails and prisons that prohibit treatment drugs such as methadone and buprenorphine; Whereas one in five people incarcerated is a person with a cognitive disability, while another one in five people who are incarcerated has a serious mental health diagnosis; Whereas incarcerated people are three or four times more likely to report having a disability than the rest of the United States population; Whereas incarcerated people with cognitive and physical disabilities are disproportionately subjected to solitary confinement; Whereas people with disabilities are subject to criminalization, violence, and death, including those with untreated mental health diagnosis who are 16 times more likely to be killed by law enforcement; Whereas the total cost of the mass incarceration crisis, including the costs to those incarcerated and their families, is nearly $182 billion per year; Whereas the burden to pay for the Nation's mass incarceration crisis too often falls upon everyday people trapped in cycles of poverty and intergenerational trauma, and statistical mechanisms to comprehensively quantify the ongoing and generational effects of carceral trauma are limited and oftentimes unknown; Whereas nearly a half a million people are in jails without having been convicted, often because of an inability to afford cash bail, which leads to an increased likelihood of conviction and lengthier sentences; Whereas in order to finance the mass incarceration system, many cities, States, courts, and prosecutors levy hefty fines at nearly every stage of the criminal justice process, including-- (1) fines and fees for being arrested; (2) lawyer fees; (3) crime lab fees and victim assessments; (4) fees to enter a diversion or substance use disorder treatment program; or (5) fees to pay for public and private probation supervision; Whereas people leave jails and prison owing an average of $13,607 in fines and fees, and an inability to pay can lead to being denied the right to vote, license suspension, additional fines and fees, and even further incarceration; Whereas the policy decisions that led to the incarceration crisis, as well as the unjust economic burden to sustain the system, caused inestimable, intergenerational, and disproportionate harm to communities; Whereas one in two adults in America has had a family member in jail or prison, and one in five has had a parent incarcerated; Whereas nearly 65 percent of families with an incarcerated or detained family member are unable to meet basic needs, including housing, health, food, and employment; Whereas children with an incarcerated parent are nearly six times more likely to be expelled from school and increasingly less likely to graduate from college than children without incarcerated parents; Whereas zero-tolerance policies, including exclusionary disciplinary policies and school-based arrests, result in the growing cradle-to-prison pipeline; Whereas tens of thousands of United States citizen children have a parent who is detained or has been deported, with approximately 5,000 children placed in the foster care system; Whereas children with incarcerated mothers are five times more likely to end up in foster care than those with incarcerated fathers; Whereas a vast, sound, and consistent body of scientific evidence suggests that-- (1) the best estimate of the overall effect of incarceration on crime is modest, and deterrence effects are negligible; (2) increased coordination between local law enforcement and immigration enforcement has not been shown to have a measurable impact on reducing crime and has been shown to destabilize communities; (3) education programs for people in prison have been proven to reduce recidivism, yet such programs have been underfunded or altogether eliminated at both the State and Federal level, including the ban on Pell grants in prison, and restoring Pell grant access to people who are incarcerated would increase the employment rate for people with a criminal history by 10 percent and improve collective earnings by $45 million in the first year after release; and (4) the root causes of crime and instability are typically poverty, substance use disorder, family and generational trauma, and poor access to health care and other basic social services; Whereas the consequences of criminal convictions do not end with the prison sentence served or fines paid, and a majority of people imprisoned in the United States are expected to return home, return to society, and become productive members of their communities; Whereas yearly, over 680,000 people are released from incarceration, and are expected to be taxpayers rather than tax burdens, yet the reality is that these individuals go home to find that their sentences, although served, are far from over; Whereas there are approximately 45,000 collateral consequences and civil disabilities across jurisdictions that prevent people with criminal records from reentering society, gaining meaningful employment; Whereas, in many jurisdictions, individuals with a criminal record are automatically excluded from certain professional licenses such as those required to be a security guard, firefighter, real estate broker, and electrician; Whereas an estimated 6.1 million Americans, or 1 in every 40 adults, are banned from voting due to felony disenfranchisement or laws restricting voting rights for those with a current or previous felony conviction; Whereas the Federal Government has invested massive amounts of funding in policing, immigration enforcement, and prison and detention systems, which has accelerated mass criminalization and incarceration and fueled the prison industrial complex; Whereas 2019 represents the 25th anniversary of the signing of the Violent Crime Control and Law Enforcement Act of 1994 (in this resolution referred to as the ``94 Crime Bill''), and awareness that many of the policies contained in the 94 Crime Bill have proven harmful to certain communities; Whereas the 94 Crime Bill put forward the false view that punitive systems of policing and prisons lead to public safety and are necessary to combat ``violent'' crime; Whereas, by endorsing and financing ineffective and damaging policies and practices at the State and local levels, the 94 Crime Bill encouraged the growth of police and prison infrastructure while limiting, and sometimes depleting, community investments that would have increased public safety, particularly in underresourced communities; and Whereas the Federal Government has a tremendous impact on the operation of the criminal legal system at the Federal, State, and local levels and can push for a more humane, dignified, and just society for all: Now, therefore, be it Resolved, That it is the sense of the House of Representatives that the time is now for the Federal Government to begin a large-scale decarceration effort to reshape the American legal system to-- (1) support and commit to a participatory people's process that recognizes directly impacted people as experts on transforming the justice system, who speak from experience about the devastation of criminalization and incarceration and offer community-oriented solutions that reduce harm by-- (A) empowering directly impacted communities, through people's assemblies, townhalls, listening sessions, and workshops, to inform and draft legislation to repeal and dismantle the 94 Crime Bill and other punitive policies, and replace them with a holistic and community-led public health and safety agenda; and (B) advancing a community-led platform of justice, freedom, and safety, which shifts resources away from criminalization and incarceration and toward policies and investments that fairly and equitably ensure that all people can thrive; (2) dramatically reduce the incarcerated populations to-- (A) decriminalize behavior and divert cases that do not require confinement by-- (i) providing tax incentives to local governments and States that commit to policies such as repealing truth-in-sentencing and three-strike provisions to significantly reduce the prison and jail population; (ii) decriminalizing sex work by removing criminal and civil penalties related to consensual sex work and addressing structural inequities that impede the safety, dignity, and well-being of all individuals, especially those most vulnerable to discrimination on the basis of race, gender identity or expression, sexual orientation, disability, socioeconomic status, and citizenship status; (iii) decriminalizing addiction, homelessness, poverty, HIV status, and disa