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President's Commission on Law Enforcement U.S. Department of Justice President’s Commission on Law Enforcement and the Administration of Justice Final Report December 2020 Suggested citation: Executive Office of the President of the United States, Report of the President’s Commission on Law Enforcement and the Administration of Justice (Washington, DC: Executive Office of the President of the United States, 2020). Although the Commission which prepared this Report was subject to the Federal Advisory Committee Act (“FACA”), 5 U.S.C. app. 2, a United States District Court judge has found that the Department of Justice (“DOJ”) and the Commission’s officers violated FACA in forming and operating the Commission. In particular, DOJ and the Commission did not comply with FACA’s requirements to ensure the Commission’s membership is fairly balanced in terms of the points of view represented, file a charter, select a designated federal officer, or provide timely notice of meetings in the Federal Register. For additional detail, the remedial order of the United States District Court that issued this decision is attached to the Commission’s Report. U.S. Department of Justice President’s Commission on Law Enforcement and the Administration of Justice Final Report December 2020 Photography: United States Department of Justice Unless Otherwise Labeled CONTENTS From the Attorney General ...............................................................................................................................iii From the Commission Chair ............................................................................................................................. v Acknowledgements ............................................................................................................................................vii Introduction ...........................................................................................................................................................ix Executive Summary ..........................................................................................................................................xvii Presidential and Attorney General Recommendations ..........................................................................xxiii Part I THE RULE OF LAW Chapter 1: Respect for the Rule of Law and Law Enforcement .........................................................3 Chapter 2: Victim Services ....................................................................................................................... 19 Part II THE COMPLEMENTS TO EFFECTIVE LAW ENFORCEMENT Chapter 3: Alleviating the Impact of Social Problems on Public Safety ........................................35 Chapter 4: Juvenile Justice and Youth Crime ......................................................................................57 Chapter 5: Reentry Programs and Initiatives .......................................................................................69 Chapter 6: Criminal Justice System Partners .......................................................................................79 Chapter 7: Business and Community Development ..........................................................................99 Part III CRIME REDUCTION Chapter 8: Reduction of Crime ............................................................................................................. 107 Chapter 9: Homeland Security .............................................................................................................. 133 Part IV INNOVATIONS Chapter 10: Grant Programs .................................................................................................................. 147 Chapter 11: Technology ........................................................................................................................... 157 Chapter 12: Data and Reporting ........................................................................................................... 167 Part V LAW ENFORCEMENT RESOURCES Chapter 13: Rural and Tribal Law Enforcement ................................................................................. 183 Chapter 14: Law Enforcement Health and Wellness ........................................................................ 195 Chapter 15: Law Enforcement Recruitment and Training ................................................................211 Conclusion and Call to Action ..................................................................................................................... 223 Appendix A: List of Recommendations ..................................................................................................... 225 Appendix B: Commissioners and Executive Appointments .................................................................. 241 i Appendix C: Working Group Members ...................................................................................................... 261 Appendix D: Commission Staff .................................................................................................................... 269 Appendix E: Methodology ............................................................................................................................. 271 Appendix F: List of Hearings and Witnesses .............................................................................................279 Appendix G: Individuals and Organizations Submitting Public Comments ..................................... 285 Appendix H: Individuals and Organizations Submitting Oral and Written Testimony ................... 289 Appendix I: Order on Remedies ................................................................................................................. 295 Appendix J: Executive Order of October 28, 2019 .................................................................................. 299 ii FROM THE ATTORNEY GENERAL (@fffrr cf t~r ,!ttcrntt? ~rnrrnl Jl1lag~ingtnn. ID. Qt. 20,530 December 15, 2020 On October 28, 2019, President Donald Trump signed Executive Order No. 13896, which directed the Department of Justice to establish the "Commission on Law Enforcement and the Administration of Justice." The purpose of the Commission is to conduct a modern study of the state of American policing and determine specific measures to reduce crime and promote the rule oflaw. At the conclusion of this study, the Commission was instructed to issue a report with recommendations, which the Attorney General would submit to the President. Under the directive of the President's order, I hereby present the final report of the Commission on Law Enforcement and the Administration of Justice. The Commission has worked diligently to compose a report that should have a lasting impact to improve American law enforcement for years to come. It did so, moreover, under significant challenges posed by the COVID-19 pandemic. Despite these challenges, the Commission continued its work to assemble a report that reviewed a diversity of important issues that affect law enforcement and their capacity to safeguard American communities. The Commission's study is not, and was never intended to be, an academic exercise. I submit this report with the hope that its many recommendations will be implemented by policymakers, legislatures, and law enforcement agencies. These recommendations span many areas of importance that directly bear on the safety and security of the nation and its citizens. For that reason, I am honored to submit this report of the Commission on Law Enforcement and the Administration of Justice. I would like to also thank all the commissioners for their tireless work in putting together a report that will doubtlessly improve law enforcement and promote the rule of law. /4/~ William P. Barr Attorney General iii iv FROM THE COMMISSION CHAIR December 2020 Dear Colleagues: On October 28, 2019, President Donald J. Trump signed Executive Order 13,896 creating this historic Commission to study, review, and recommend improvements to the law enforcement profession and the criminal justice system. Nearly 55 years ago President Lyndon B. Johnson created the Commission on Law Enforcement and the Administration of Justice. After two years of work, the Johnson Commission provided a blueprint for the criminal justice system that endured for more than a half century. This Commission was tasked with building upon the Johnson Commission report to provide a practical blueprint within a year that guides the improvement of the public safety of the United States and reinforces the fundamental purpose of government: to provide unalienable rights to life, liberty, and the pursuit of happiness. The 17 commissioners appointed by Attorney General William P. Barr were charged with the significant responsibility to carry out the Executive Order and implementation guidance, and to submit a report to the attorney general. In the face of adversity of the COVID-19 epidemic, these Commission members demonstrated an unparalleled level of dedication, commitment, and sacrifice as they remained steadfast in meeting their obligation and duty to serve our great nation. These commissioners were joined by more than 150 working group members; hundreds of subject matter experts; and a dedicated, energetic group of federal program managers, all working tirelessly to achieve the goals of this Commission. Nearly 200 expert witnesses provided oral testimony through more than 50 hearing panels, and more than 190 diverse groups of interest provided public statements,
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