Sec. 705. Review, recommendations, and report
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/bill/116/s/3985/pcs/section-705·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Commission shall undertake a comprehensive review of all areas of the criminal justice system, including the criminal justice costs, practices, and policies of the Federal, State, local, and Tribal governments. Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress recommendations for changes in Federal oversight, policies, practices, and laws designed to prevent, deter, and reduce crime and violence, reduce recidivism, improve cost-effectiveness, and ensure the interests of justice at every step of the criminal justice system.
If a unanimous vote of the members of the Commission at a meeting where a quorum is present pursuant to section 706(d) approves a recommendation of the Commission, the Commission may adopt and submit the recommendation under paragraph (1). The recommendations submitted under this subsection shall be made available to the public. Not later than 18 months after the date of the first meeting of the Commission, the Commission shall disseminate to the Federal Government, as well as to State, local, and Tribal governments, a report that details the findings and supplemental guidance of the Commission regarding the criminal justice system at all levels of government.
If a majority vote of the members of the Commission approves a finding or supplemental guidance at a meeting where a quorum is present pursuant to section 706(d), the finding or supplemental guidance may be adopted and included in the report required under paragraph (1). In the case of a member of the Commission who dissents from a finding or supplemental guidance approved by a majority vote under paragraph (2), the member may state the reason for the dissent in writing and the report described in paragraph
(1)shall include the dissent. The report submitted under this subsection shall be made available to the public. The Commission shall take into consideration the work of prior relevant commissions in conducting the review of the Commission. In issuing the recommendations and report of the Commission under this section, the Commission shall not infringe on the legitimate rights of the States to determine the criminal laws of the States or the enforcement of such laws. The Commission shall conduct public hearings in various locations around the United States. The Commission shall— closely consult with Federal, State, local, and Tribal governments and nongovernment leaders, including— State, local, and Tribal law enforcement officials, including rank and file officers; legislators; public health officials; judges; court administrators; prosecutors; defense counsel; victims’ rights organizations; probation and parole officials; criminal justice planners; criminologists; civil rights and liberties organizations; community-based organization leaders; formerly incarcerated individuals; professional organizations; and corrections officials; and include in the final report required under subsection
(c)summaries of the input and recommendations of the leaders consulted under subparagraph (A). To the extent the review and recommendations required by this section relate to sentencing policies and practices for the Federal criminal justice system, the Commission shall conduct the review in consultation with the United States Sentencing Commission. It is the sense of Congress that, given the national importance of the matters before the Commission— the Commission should work toward developing findings and supplemental guidance that are unanimously supported by the members of the Commission; and a finding or supplemental guidance unanimously supported by the members of the Commission should take precedence over a finding or supplemental guidance that is not unanimously supported.