Law, Justice, and Ethics (LJE)

COMMEND THE JANUARY 6 CONGRESSIONAL SELECT COMMITTEE FOR THEIR PATRIOTISM AND PUBLIC SERVICE

WHEREAS, the events of January 6th were an attack on American Democracy and the tradition of the peaceful transfer of power;

WHEREAS, on July 1, 2021, the United States House of Representatives established the Select Committee to Investigate the January 6th Attack on the United States Capitol for the following express purposes:

1. “To investigate and report upon the facts, circumstances, and causes relating to the January 6, 2021, domestic terrorist attack upon the United States Capitol Complex and relating to the interference with the peaceful transfer of power, including facts and causes relating to the preparedness and response of the United States Capitol Police and other Federal, State, and local law enforcement agencies in the National Capital Region and other instrumentalities of government, as well as the influencing factors that fomented such an attack on American representative democracy while engaged in a constitutional process.
2. To examine and evaluate evidence developed by relevant Federal, State, and local governmental agencies regarding the facts and circumstances surrounding the domestic terrorist attack on the Capitol and targeted violence and domestic terrorism relevant to such terrorist attack.
3. To build upon the investigations of other entities and avoid unnecessary duplication of efforts by reviewing the investigations, findings, conclusions, and recommendations of other executive branch, congressional, or independent bipartisan or nonpartisan commission investigations into the domestic terrorist attack on the Capitol, including investigations into influencing factors related to such attack”;

WHEREAS, House Speaker Nancy Pelosi appointed the following nine members to the Select Committee:

1. Chairperson, Representative Bennie Thompson of the 2nd Mississippi Congressional District;
2. Representative Zoe Lofgren of the 19th California Congressional District;
3. Representative Adam Schiff of the 28th California Congressional District;
4. Representative Pete Aguilar of the 31st California Congressional District;
5. Representative Stephanie Murphy of the 7th Florida Congressional District;
6. Representative Jamie Raskin of the 8th Maryland Congressional District;
7. Representative Elaine Luria of the 2nd Virginia Congressional District;
8. Vice Chairperson, Representative Liz Cheney of Wyoming; and
9. Representative Adam Kinzinger of the 16th Illinois Congressional District;

WHEREAS, to date, the Select Committee has conducted eight public hearings and is reported to have interviewed over one thousand people as part of its investigation; and

WHEREAS, the members of the Select Committee have not wavered in the fulfillment of their continued duty to investigate the January 6th attack on the United States Capitol.

THEREFORE BE IT RESOLVED, by the National Black Caucus of State Legislators, that we commend Representative Bennie Thompson of the 2nd Mississippi Congressional District, Representative Zoe Lofgren of the 19th California Congressional District, Representative Adam Schiff of the 28th California Congressional District, Representative Pete Aguilar of the 31st California Congressional District, Representative Stephanie Murphy of the 7th Florida Congressional District, Representative Jamie Raskin of the 8th Maryland Congressional District, Representative Elaine Luria of the 2nd Virginia Congressional District, Representative Liz Cheney of Wyoming, and Representative Adam Kinzinger of the 16th Illinois Congressional District for the patriotism they have demonstrated and the public service they have performed as members of the Select Committee to Investigate the January 6th Attack on the United States Capitol.

BE IT FINALLY RESOLVED That a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.

• Resolution ID: LJE-23-10
  
• Sponsored by: Rep. Larry Miller (TN)
  
• Policy Committee: Law, Justice, and Ethics (LJE)

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THE EQUAL APPLICATION OF LAW FOR INSURRECTIONISTS

WHEREAS, the National Black Caucus of State Legislators (NBCSL) has a vested interest in ensuring equal protection under the laws of the United States of America;

WHEREAS, NBCSL has a vested interest in ensuring the continuity of democracy in America through the peaceful transfer of power, and the protection of American institutions working to ensure a fair and just American society;

WHEREAS, on January 6, 2021, thousands of individuals breached the United States Capitol in an orchestrated coup attempt;

WHEREAS, these individuals committed treasonous acts against the government of the United States of America;

WHEREAS, many of the insurrectionists have not been arrested, nor held accountable in any form under current United States code;

WHEREAS, those who have been arrested and/or convicted, have received miniscule penalties and punishments for committing treasonous acts against the government of the United States of America;

WHEREAS, a vast majority of the insurrectionists were White Americans;

WHEREAS, Denmark Vesey was tried and executed for the suspicion of raising an insurrection (slave revolt) without any substantiated or substantive evidence;

WHEREAS, many African Americans and people of color have received far harsher penalties and punishment for far lesser crimes and violations compared to aiding and abetting an insurrection against the government of the United States of America;

WHEREAS, this trend has resulted in African Americans and people of color being disproportionately incarcerated or penalized for minor drug offenses or nonviolent crimes, when compared to White Americans; and

WHEREAS, the government of the United States of America has a vested interest in executing the application of its laws in a fair and just way.

THEREFORE, BE IT RESOLVED, that NBCSL urges the United States Department of Justice to ensure that those individuals who are guilty of treasonous acts against the United States of America, are held accountable for the crimes that they committed;

BE IT FURTHER RESOLVED, that NBCSL does not believe that the individuals that stormed the Capitol Building should be executed;

BE IT FURTHER RESOLVED, that NBCSL believes that those that helped to coordinate and facilitate this attack on our democracy, by knowingly lying about the 2020 election and coordinating this event should equally be held responsible for their actions;

BE IT FURTHER RESOLVED, that NBCSL urges Congress and the Administration to commit to executing the laws of the United States of America in a fair and just manner for all crimes;

BE FURTHER RESOLVED, that NBCSL urges Congress and the Administration to commit to investing resources into historically marginalized communities that have suffered due to the unfair, unjust, and illegal application of the laws of the United States of America for decades; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

• Resolution ID: LJE-23-23
• Sponsored by: Rep. John L. Bartlett (IN)
• Policy Committee: Law, Justice, and Ethics (LJE)

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RACE AND CRIMINAL JUSTICE IMPACT STUDY OF THE UNINTENDED CONSEQUENCES OF A BAN ON MENTHOL CIGARETTES IN THE AFRICAN AMERICAN COMMUNITY

WHEREAS, The National Black Caucus of State Legislators strongly supports a review of any public health or criminal justice policy that could have a negative impact on the Black community; and

WHEREAS, the unintended consequences of banning menthol cigarettes, though studied, has not produced any conclusions that can provide guidance to policy makers addressing this issue; and

WHEREAS, The National Black Caucus of State Legislators strongly encourages the Biden- Harris Administration to establish a commission, with representation from the entire stakeholder groups, and in conjunction with a research level Historically Black College or University (HBCU), a study of the criminal justice and public health impacts that a ban on menthol cigarettes could have on the Black community.

THERFORE, BE IT RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate,

• Resolution ID: LJE 23-26
• Sponsored by: Sen. Paul Lowe, Jr. (NC) and Rep. Billy Mitchell (GA)
• Policy Committee: Law, Justice, and Ethics (LJE)

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A RESOLUTION ON INCREASING COMPENSATION FOR INCARCERATED WORKERS

WHEREAS, the National Black Caucus of State Legislators (NBCSL) has long recognized the value of human labor and the importance of fair wages;

WHEREAS, the dignity of every person is inherent, and it is incumbent on the state to protect the dignity of all its citizens;

WHEREAS, fair and just wages are intrinsically tied to human dignity;

WHEREAS, the factors of disparities within imprisonment are partially a result of disproportionate social factors in African American and Latinx communities that are associated primarily with poverty, employment, housing, and family differences;

WHEREAS, the poverty rate is roughly 25 percent for both African American and Latinx communities, compared to 9 percent for White American communities;

WHEREAS, the median income for African American and Latinx communities is roughly $20,000 less than the median income for White American communities;

WHEREAS, African American and Latinx adults are, respectively, 5.9 and 3.1 times more likely to be incarcerated than White adults;

WHEREAS, typical wages range from 14 cents to $2.00/hour for prison maintenance labor, depending on the state where the inmate is incarcerated and the national average hovers around 63 cents per hour for this type of labor;

WHEREAS, in some states, prisoners work for free;

WHEREAS, inmates often suffer from unsafe working conditions and some of the higher-paying jobs are, by their very nature, extremely dangerous, like firefighting;

WHEREAS, there are over 870,000 inmates working full-time in American prisons ranging from electricians, carpenters, cooks, orderlies, conservation crew members, braille transcribers, silk screen printers, and many other integral work positions;

WHEREAS, most prison jobs teach incarcerated people very few skills relevant to the labor market they will rejoin upon release, so the wages they earn may be the only payoff they see;

WHEREAS, inflation continues to increase, yet the pay scale for those who are incarcerated continues to remain relatively low and does not reflect the inflation increase;

WHEREAS, a large percentage of a person’s wages earned in prison are garnished to pay restitution, and low wages mean payments to victims are also low;

WHEREAS, many people in prison have families, and low wages mean they are less able to help with general family financial needs, child support, or the added costs of communication and travel for families who have a loved one in prison;

WHEREAS, research found that parents, upon entering prison, on average owed $10,543 in child support obligations, and due to a lack of income or full-time employment opportunities, the majority of parents have no means of paying child support debt while in prison, and they also struggle to pay it after their release;

WHEREAS, fifty-two percent of people in state prisons are parents of minors, and African American children are 7.5 times, and Latinx children 2.6 times, more likely than White children to have a parent in prison;

WHEREAS, there are 1.7 million children in the United States that have an incarcerated parent;

WHEREAS, returning members of society face many challenges upon reentry, including housing insecurity and difficulty finding and keeping employment;

WHEREAS, financial distress continues well after release from prison because of the difficulties one faces in finding a job, because having a criminal record makes the pathway to employment extremely difficult for those who are formerly incarcerated;

WHEREAS, a Brookings Institution study found that in the first year of post release, only 55 percent of formerly incarcerated people have any reported earnings, and the research found that those with jobs in the first year earned a median of $10,090 and only 20 percent earned more than $15,000;

WHEREAS, the inability to earn or save money puts heavy burdens on families once a person is released;

WHEREAS, 66 percent of formerly incarcerated people relied on family and friends as their primary source of financial support upon release;

WHEREAS, estimates indicate formerly incarcerated people owe as much as 60 percent of their income to criminal justice debt. According to one source, up to 85 percent of people released from prison owe some form of criminal justice debt, compared to 25 percent in 1991;

WHEREAS, formerly incarcerated people are almost 10 times more likely to be homeless than the general public;

WHEREAS, people in prison who earn a fair and just wage can contribute to the growth of the economy and to public safety, and these contributions to their families, taxes, restitution, and themselves will ultimately save states money by reducing the number of times people reoffend, the number of children in need of social services, and the likelihood of people seeking out governmental assistance; and

WHEREAS, State laws should be amended to address the unfair wage compensation and to provide incarcerated persons with base work protections by redefining prison labor.

THEREFORE, BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) hereby supports fair and just wages for incarcerated persons, and urges states to provide fair compensation to incarcerated persons;

BE IT FURTHER RESOLVED, that NBCSL urges State Legislators to adopt laws which consider the importance of earnings and relevant job training for people they hope will be independent one day; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

• Resolution ID: LJE-23-29
• Sponsored by: Sen. Steven Bradford (CA)
• Policy Committee: Law, Justice, and Ethics (LJE)

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