Today, House Judiciary Committee Ranking Member Jerrold Nadler (D-NY) delivered the following opening statement for the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations oversight hearing on the Bureau of Prisons:

“Mr. Chairman, I welcome the opportunity today to examine the operation of the Federal Bureau of Prisons.  Although it does not receive the amount of public attention given to federal investigative agencies, the BOP plays a vital and underappreciated role in our criminal justice system.  If operated correctly, prisons can make us safer, not merely by separating inmates from the rest of us, but by making it less likely that they will commit future crimes when they are released.  Therefore, I am concerned about the current state of our federal prisons.

“First, I note the massive increase in the federal prison population in recent decades, from just over 30,000 in 1982 to over 180,000 today.  This explosion has contributed to our national crisis of mass incarceration, with over 2 million people incarcerated in our prisons and jails.  Much of this increase has been due to a misguided and counterproductive strategy to deal with drug abuse and addiction, and to sentencing policies that are too-often unjust.  That is why our first priority should be to reform our sentencing laws, particularly those which impose mandatory minimum sentences.

“However, it is also critical that we ensure that we do not simply warehouse people in prison, just allowing them to count the days until they are released.  We must do more to provide appropriate programming, such as drug treatment, counseling, education, and vocational training, all of which will help reduce the likelihood that prisoners will re-offend.  We should not limit the availability of these programs based on factors such as the offenses committed because we will all be safer if we encourage the widest possible participation in such programs.

“Unfortunately, I am concerned about the commitment of the BOP under the current administration to administer such programming.  For instance, the superintendent of the BOP school system was fired last year and there is reason to question the commitment of the agency currently to provide an appropriate degree of educational opportunity available to those incarcerated in BOP facilities.  This attitude comes from the head of the Department, after all. As a Senator, Attorney General Sessions said in 2015, ‘My observation over the years of attempts to have education and other kind of character-building programs in prison before they’re released doesn’t seem to have much benefit.’

“Problems with the proper administration of recidivism reduction programming are exacerbated by staffing shortages at the BOP.  The hiring freeze at the BOP has contributed to a shortage of personnel necessary to carry out all functions of the agency.  The inmate to correctional officer ratio has reached levels that these officers believe are unsafe.  To help address this, the BOP is engaging in a process known as augmentation, through which non-correctional staff – some involved in providing programming such as education – are assigned custody responsibilities.  Both safety and programming functions suffer under such circumstances. 

“Finally, I note serious concerns with respect to the continued use of private prisons by BOP.  In July of 2016, then Deputy Attorney General Sally Yates issued a memorandum directing BOP to reduce and ultimately eliminate the use of privately operated prisons at the federal level.  She noted the shortcomings of private prisons, citing the Inspector General’s finding that they compare poorly to BOP-run facilities across a range of factors.  Unfortunately, Attorney General Sessions rescinded that directive shortly after being confirmed, and we have learned that the BOP reportedly plans to increase its reliance on private prisons. 

“These are but a few of the serious issues we must examine today, and I look forward to our discussion. I yield back the balance of my time.”

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