Texas was a model for criminal justice reform. But that was then …
Since Trump’s election, state leaders back to tougher stance
Not long ago, Texas was viewed as a leading state on criminal justice reform. Former Gov. Rick Perry signed legislation that reduced the prison population and was regarded as a model for the country — embodying both compassionate and fiscal conservatism. Our state’s efforts were then embraced by federal leaders, with Texas Sens. Ted Cruz and John Cornyn championing legislation to reduce harsh federal sentences for drug offenses. But now Cruz and Cornyn have become the face of opposition to sentencing reform, and without their support, our state began losing its leadership role on this critical issue.
Although criminal justice reform is very much in vogue in policy circles nowadays, it was Texas that led the way. In 2007, the state faced a prison overcrowding problem crisis, leading officials to consider spending taxpayer dollars badly needed for other critical issues on new prison construction. Fortunately, legislators listened to advocates who suggested pursuing alternatives to incarceration, such as drug treatment and re-entry programs. In 2011, Texas legislators approved using these as a way for prisoners to shave time off their sentences. The prison population dropped and recidivism rates remain low. As a member of law enforcement, I was committed to putting bad guys behind bars, but I also recognized that prison sentences were excessively harsh and that everyone deserves a shot at redemption.
After the 2011 reforms, our federal lawmakers began taking notice. Cruz was a lead sponsor of legislation that would cut many drug sentences in half. He spoke forcefully on this issue, noting in 2015 that, “Right now today, far too many young men, in particular African-American young men, find their lives drawn in with the criminal justice system, find themselves subject to sentences of many decades for relatively minor
nonviolent drug infractions.” One year later though, Cruz did a 180-degree turn, vociferously opposing a narrower bill — the Sentencing Reform and Corrections Act, stating that “I cannot go along with legislation that could result in more violent criminals being released to the streets and potentially more lives being lost.” Cruz has continued to oppose sensible reforms.
The case of Sen. Cornyn is even more bizarre. Cornyn was a lead sponsor of the narrower sentencing reform bill that Cruz opposed. While pushing for the bill’s passage during the last two years of the Obama administration, Cornyn commented that, “This legislation builds on reforms in states like Texas that have successfully rehabilitated prisoners, reduced crime rates and saved taxpayer dollars.” Following the election of Donald Trump, Cornyn abruptly reversed course, citing Trump’s “tough on crime” position as a reason to discard the issue. In February 2018, Cornyn expressed concern about passing a sentencing reform bill that would be “vetoed by a president.” He subsequently voted against the very bill he once championed.
While some may criticize Cornyn’s position, it is somewhat understandable not to push a bill that the president would not sign. Yet Cornyn has continued to oppose sentencing reform even after President Trump’s recent announcement that he does in fact support and would sign legislation that proposed substantial sentencing reforms. Just last month, Cornyn — the number two Republican in the Senate — announced that his chamber would not vote on the Trump-backed deal because it is “controversial” and “contentious.”
I am confused and concerned over their position changes when the evidence of reform is positive and clear. While I respect everyone’s position and their views regarding how to reform the criminal justice system and to end mass incarceration of people of color, I believe that the consensus is that we, as a nation, can no longer ignore the systemic conditions that limit or restrict any American who wants to achieve the American Dream. Therefore, I would ask all stakeholders to look at these issues not from a partisan standpoint but from a humanitarian one. And as Martin Luther King often said, we need a revolution of values, where our focus shifts from being “thing” oriented to one where our focus is on the well-being of our people.