Toolkit for Fighting Mass Incarceration in the 119th Congress

A note from Bill Underwood – Join my fight

In 1988, at the age of 34, I found myself on the precipice of a monumental change in my life. Convicted of participating in a drug conspiracy, I was sentenced to life without parole. After exhausting all of my appeals I realized that I would die in prison if I did not do the work to gain my freedom. I am one of the fortunate ones, I committed myself to growth and parented my children from behind bars and they became steadfast advocates for my release from federal prison.

My opportunity came through the First Step Act of 2018. A monumental bipartisan piece of federal legislation, it provided the avenue for my compassionate release in January 2021 at 67 years old. With five months of freedom under my belt, I joined The Sentencing Project as a Senior Fellow to work on the Campaign to End Life Imprisonment to advocate and create second chances for others.

As a Senior Fellow I joined the fight to advocate for an effective and humane response to crime that minimizes imprisonment. That work includes ending the collateral consequences of a conviction including voting restrictions for all Americans with felony convictions. We also work to safeguard young people from the adult criminal legal system.

I testified to Congress at a House committee hearing in 2021 on the need to reduce mandatory minimums, reform drug sentencing, address historical racial inequities, and implement second chance sentence reviews after 10 years of imprisonment. I was again called to Congress in May of 2022, and argued that the current clemency process is overly bureaucratic, inefficient, and unjust. I explained that there were many elderly people in federal prisons, who are older and sicker than me, but have been denied clemency, compassionate release, and a second chance. I urged Congress to build on the First Step Act by passing legislation that would give more people a chance to come home and I heard from lawmakers that my perspective was valuable.

Join me in this work. I know firsthand the importance and power of advocacy. Advocacy holds Congress accountable to its constituency and the core values enshrined in the U.S. Constitution.

Opportunities for Advocacy

Effective advocacy for federal sentencing, guaranteeing voting rights for persons completing felony sentences inside of prison and jail, and youth justice reform starts in your own community.

Your Senators, Representatives, and their staff care about your perspective, and you can make yourself heard without ever traveling to Washington, DC. You can build meaningful relationships with Members of Congress and their staff by meeting with them virtually or in your state (often referred to as “in-district” advocacy).

The legislative process begins each session of Congress. This means that bills which did not pass in the prior session must be reintroduced and work their way through the legislative process again. The 119th Congress begins in January 2025 and ends in December 2026.

This toolkit includes tips and ideas for virtual and in-district federal advocacy to help you engage with the 119th Congress. It outlines The Sentencing Project’s sentencing, voting rights, and youth justice priorities for this session, offers a step-by-step guide for meeting with legislative staff, attending a town hall meeting, using social media and the press to advocate for reform, and includes resources to share with elected leaders. We hope this toolkit empowers you to be an active partner in our work to end extreme sentences and create second chances.

We want to support and amplify your advocacy. Please let us know how you’re using this toolkit and how we can help. Reach out to staff@sentencingproject.org and consult the Get Involved page of our website for more ways to engage.

How to Engage in Advocacy

In Person Meetings – Meeting Your Members of Congress

Meeting with your members of Congress or their staff in-person or remotely via a video messaging platform is an impactful way to share your story and make the case for reform. It’s typically more productive to wait until a bill is introduced or reintroduced before requesting a meeting to advocate for it.

To request a meeting, you can use the contact form on your member’s website. To ensure your message reaches the right person promptly, however, it’s often helpful to call the member’s office number and ask for the email of the relevant staff member (for instance, the member’s scheduler if you’re requesting a member-level meeting or the staffer who handles criminal justice matters) for your request.

You can request a meeting with your member of Congress themselves, however their time is limited. Your request for a member-level meeting is more likely to be granted if you are requesting it on behalf of multiple constituents, especially if those constituents include formerly incarcerated individuals, their family members, or local leaders such as councilmembers, clergy, organizational leaders, or business owners. Don’t be discouraged though if you’re offered a meeting with a staffer instead. Staff play a key role in members’ decision-making and building relationships with them is vital.

An example meeting request email is available in appendix A.

• Prepare for the meeting. Meetings with members or their staff are very brief, often no more than 15 minutes. Preparation is key. Practice what you’re going to say and make a plan with anyone joining you. Be prepared to answer basic questions about the bill, like its status and cosponsors (both can be found by looking up the bill on Congress.gov). If possible, research your member’s position on the issue in advance. For instance, if you’re advocating for a bill that builds on the First Step Act, knowing whether the member voted for or against it if they were in Congress then will be helpful. Understanding the member’s record will help you make the best use of your short time together.
• Share your story. Personal stories and connections drive policy change. If you have a loved one in prison or were incarcerated yourself, sharing your story has the power to change hearts and minds. Sharing these stories can also be stressful – practicing with a trusted friend in advance can help you figure out what you’re comfortable sharing, how to do so within the allotted time, and what kind of support you may need. If you’re working in a group with people from a variety of backgrounds, plan to feature the voices of those directly-impacted by the criminal legal system.
• Have a clear, concise, and specific request. In all of your communication with the member’s office, begin by stating what you ultimately want. You can ask the member or their staff to vote for or against a specific bill or an amendment to a bill. If they already support the bill, you can ask them to be a stronger advocate for it by, for example, circulating a letter to their colleagues urging them to also support it (this is called a “Dear Colleague” letter), advocating for it during debate, or speaking out publicly. Reiterate your request as you educate them on the issues. Remember that federal lawmakers cannot usually assist with matters of state law. For example, if you have a loved one incarcerated in a state prison for a state crime, a federal resentencing bill unfortunately will not benefit them.
• Be respectful, patient, and assertive. Effective advocacy requires building a relationship with a member or their staff. Interacting respectfully, even if you are urging them to change their position or expressing strong concerns, is vital regardless of whether you’re meeting in-person, sending a letter, or communicating on social media.
• Follow up the meeting with a prompt thank you that restates your request and attaches any relevant resources. Members and their staff speak to many constituents and it can be easy to forget the details of a conversation. A well-crafted thank you email ensures that they have a resource they can reference to refresh their memory of your meeting. You can also leave materials behind to support your advocacy if you meet in person, or attach those materials to your meeting request. See appendices B and D for samples.
• If your advocacy is successful, thank them again. Saying thanks and publicly applauding members for doing the right thing helps build lasting productive relationships.

Town Hall Meetings

Town Hall meetings can be a uniquely impactful way to engage with your member of Congress. Town Hall meetings are opportunities for your Congress members to hear directly from constituents about their most pressing questions and concerns and respond to them publicly, on the record. If you are directly-impacted by the federal criminal legal system, Town Halls are a powerful platform to tell your story and ask how the member is going to make a difference. For example, if you have an elderly loved one in federal prison serving a lengthy sentence, you could share about their rehabilitation and the challenges they face behind bars, and ask how your member plans to make sure that elderly people aren’t needlessly incarcerated. Or if you were previously incarcerated and received a second chance, you could share how successful you’ve been since coming home, and ask how your member is working to create second chances for people like you.

There’s also strength in numbers. Try to gather friends, family, and community members to attend the Town Hall with you to show how many people care about sentencing or youth justice reform. If your member is holding multiple Town Halls, working with allies to ensure that your shared concerns are expressed at all of the meetings can be an effective way to guarantee that your voice is heard. To find out when your members are holding Town Halls, you can check their social media, the events page of their website, or call their office.

Op-Eds and Letters to the Editor

An Op-Ed is an essay usually published by an independent news outlet, expressing an opinion by a member of the public that makes a clear argument about a topic that has, usually, recently been in the news. For example, The Sentencing Project’s Bill Underwood wrote in USA Today about the urgency of passing federal sentencing reform in response to Judge Ketanji Brown Jackson’s confirmation proceedings, which touched on federal sentencing policy.1 A Letter to the Editor is a short response to a recent news article or editorial essay. For example Bill Underwood responded to a Washington Post piece on poor conditions in federal prisons by articulating the importance of decarceration.2 Both are effective ways to influence members of Congress, as well as gain more supporters for reform. Media outlets, especially national newspapers, receive many more letters to the editor and Op-Ed submissions than they can possibly publish. Following the tips below can help ensure that your voice has a better chance of being heard.

• Be timely. Op-Eds are more likely to be published if they are connected to current news and events. If you’re writing an Op-Ed advocating for a youth justice bill, relevant timing could be an occasion like a bill’s introduction, an upcoming vote on a bill, Youth Justice Action Month (October), or a holiday. Letters to the Editor should generally be submitted within a week of the story or editorial they are responding to.
• Have a clear goal. Just like in a meeting, it is important to include a specific request to your member of Congress, such as to support or oppose a bill.
• Make sure your member of Congress sees the piece. An Op-Ed or Letter to the Editor is more likely to be seen by your member of Congress if it mentions them by name. Staff monitor news for mentions of their member of Congress so including their name will make sure it ends up in their inbox. Make doubly sure they see it by emailing the published piece to their office as well.
• Tell a story. A narrative will help draw people in. For example, if you were writing an Op-Ed on the need to build on the First Step Act or passing the Inclusive Democracy Act, you could share a story about a loved one directly impacted by the criminal legal system.
• Establish your authority. Why should readers listen to your opinion? Early in the Op-Ed or Letter to the Editor establish why your opinion matters – for example, your lived experience as someone formerly incarcerated or your professional experience as a correctional officer.
• Be accurate. An editor will check the accuracy of facts asserted in your Op-Ed or Letter to the Editor before publishing it. If you include a fact or figure, like the number of people in federal prison or youth in detention, be prepared to provide the editor with the source of that information if they move forward with your Op-Ed.
• Meet requirements. Newspapers typically have a firm word count range for Op-Eds, typically between 600-800 words. Letters to the editor are much shorter – often about 250 words or less. Newspapers usually specify how they prefer to receive Op-Eds and letters, such as an online form or a specific email address. If you can’t find this information on their website, you can call and ask for their Op-Ed and Letter to the Editor guidelines and submission preferences.
• Choose the right outlet. Your member of Congress will be influenced by Op-Eds and Letters to the Editor published by newspapers within their state or nationally (such as USA Today, the New York Times, or The Washington Post). You can also pitch publications focused on federal politics (for example, The Hill).

To learn more about submitting an effective Op-Ed, consider consulting these guides from The Washington Post and The Op-Ed Project.

Speak Out Online

Social media can be an effective tool for advocacy. Here are some tips to help you make an impact:

• Directly tag your representative with their username on any social media platform to make sure they see your posts.
• Note that you’re a constituent. Representatives are more likely to engage with people in their district.
• Include a clear ask, such as supporting or opposing a bill, and state your reason – such as explaining your connection to this issue. You can also ask a general question, like “How are you working to build on the First Step Act?” or “How is Congress guaranteeing ballot access for eligible incarcerated voters?” to start a conversation and get an individualized response.
• Offer to discuss the topic further to encourage building a dialogue.
• Be polite. Courtesy over social media is just as crucial as it is in-person.
• Amplify resources on sentencing, voting rights, and youth justice reform. For examples, check out The Sentencing Project’s accounts on Instagram, @TheSentencingProject, and X.com, @SentencingProj.

The Power of Faith-based Advocacy

Does your faith community have a prison visitation ministry? Or an anti-death penalty ministry? Consider adding extreme sentencing, voting rights, and youth justice reform advocacy to that important work. Clergy and faith communities can play a powerful role in moving members of Congress toward reform. Organizing within religious communities can also be a highly efficient way to take collective action. For example, your prison ministry group could request a meeting with your member of Congress, attend a Town Hall together, and send letters. In Appendix C, you can see a letter that members of a prayer group at a church in North Carolina sent to their Senator, urging him to co-sponsor the Safer Detention Act after learning about the plight of an elderly man who will die in prison unless Congress makes him eligible for compassionate release.

Members of the clergy can pitch Op-Eds or collaborate with colleagues at other faith communities to send powerful group letters and request meetings. In your faith-based advocacy, don’t hesitate to use the rhetoric of your faith or to cite scripture – that’s what makes your voice unique and valuable. Many faith communities or religious denominations also have detailed advocacy resources of their own which provide further guidance for effective advocacy, some of which are available in Appendix D.

Sentencing, Voting Rights, and Youth Justice Reform Priorities for the 119th Congress

Sentencing Bills

Building on the First Step Act

The Safer Detention Act3 and the First Step Implementation Act4 are bipartisan bills that would build on the success of the First Step Act and fill key gaps, including making key reforms retroactive and ensuring that elderly people have access to the opportunity for early release, if appropriate.

Pass the First Step Implementation Act and the Safer Detention Act

In 2018, Congress passed, and President Donald Trump signed into law, the bipartisan First Step Act, a sweeping criminal justice reform bill designed to promote rehabilitation, lower recidivism, and reduce excessive sentences in the federal prison system. Lawmakers and advocates across both political parties supported the bill as a necessary step to address extreme and unjust sentences imposed in the 1980s and 1990s. The First Step Act includes a range of sentencing reforms, including expanded opportunities for individuals to receive reduced sentences if they participate in rehabilitative programming. It also allows individuals to go before a judge and seek a reduction in sentence based on extraordinary circumstances, commonly called “compassionate release.” The First Step Act has been overwhelmingly successful. Among the over 44,000 individuals whose release has been expedited by the First Step Act,5 nearly nine in every 10 have not been rearrested or reincarcerated, a recidivism rate considerably lower than the general prison population.

The Safer Detention Act would expand opportunities for early release from prison for elderly people who pose no threat to public safety. While criminological research shows that people age out of crime as they grow older, extreme prison sentences continue to incarcerate people into old age well after they have demonstrated readiness to successfully reenter society. Some of the oldest and most medically vulnerable people in federal prisons – those convicted of offenses that occurred prior to November 1, 1987 – were inadvertently excluded from seeking a reduction in sentence under the First Step Act. The Safer Detention Act would correct that drafting error and make over 150 “old law” individuals eligible to seek compassionate release.6 To better ensure the health and safety of elderly incarcerated individuals, the Safer Detention Act would also reauthorize the Elderly Home Detention Pilot Program, which permits elderly individuals convicted of low-level non-violent offenses to return home sooner. Thus far, 1,245 individuals have benefited from the Elderly Home Detention Pilot Program.7

The First Step Implementation Act, builds upon the First Step Act of 2018’s reduction of mandatory minimum sentences for drug offenses. It would reduce inequities in the First Step Act’s implementation by making several of the law’s sentencing reforms retroactive to bring previously imposed sentences up to date with current sentencing law. It would also grant judges greater discretion to sentence below mandatory minimums when they find those sentences excessive, bringing greater fairness to the federal justice system. It would also empower judges to reduce sentences imposed on people convicted of crimes as minors who have served more than 20 years. Long sentences impede public investments in effective crime prevention, substance use treatment, and other rehabilitative efforts that produce healthier and safer communities. The First Step Implementation Act would potentially allow nearly 7,000 individuals in federal prisons to seek a reduction in sentence, and result in lower sentences for nearly 800 people per year.8

Creating Second Look Opportunities

Pass the Second Look Act

Many individuals remain in federal prisons decades longer than is necessary to protect communities or hold them accountable – needlessly fracturing families, denying them a chance to contribute to the community, and wasting scarce correctional resources. Legal experts recommend taking a second look at prison sentences after people have served 10 to 15 years, to ensure that sentences reflect society’s evolving norms and knowledge.9 The American Law Institute,10 the American Bar Association,11 and Council on Criminal Justice’s Federal Priorities Task Force12 have endorsed sentence reviews after 10-15 years of imprisonment while jurisdictions such as the District of Columbia have begun to implement second looks for selective portions of their prison population.13

The Second Look Act14 would allow individuals in federal prisons who have served at least 10 years in prison to petition a federal court for a sentence reduction. The court could reduce the individual’s sentence if the judge found that the individual is not a threat to public safety, is ready for reentry, and the interests of justice warrant a sentence modification. The bill also creates a rebuttable presumption of release for a defendant who is 50 years of age or older on the date of the petition. While not a guarantee of relief, the Second Look Act would give a hope of reentering the community to all individuals in federal prison.

End Racial Disparity in Sentencing

Pass the EQUAL Act

In 1986, Congress passed the Anti-Drug Abuse Act, establishing mandatory minimum sentences triggered by specific quantities of cocaine. Congress mandated much tougher sentences for crack cocaine offenses than for powder cocaine cases. For example, distribution of just 5 grams of crack carried a minimum 5-year federal prison sentence, while for powder cocaine, distribution of 500 grams – 100 times the amount of crack cocaine – carried the same sentence. The harsh mandatory minimums for crack cocaine, more prevalent in Black communities, contributed to rising incarceration rates and racial disparities in the federal criminal legal system.15

The Fair Sentencing Act of 2010 reduced the disparity in sentencing for crack cocaine and powder cocaine offenses from 100:1 to 18:1, an improvement, but still an unscientific and racially-biased distinction. The bipartisan EQUAL Act16 would finally end the disparity between crack and powder cocaine offenses. Passage of the EQUAL Act would significantly improve fairness, proportionality, and racial justice within the federal criminal legal system.

Extreme federal penalties for crack cocaine have persisted for decades despite an abundance of evidence from the medical and scientific community that no significant differences between crack cocaine and powder cocaine exist that justify the sentencing disparity between two forms of the same drug. The EQUAL Act would bring the federal justice system more in line with the vast majority of states that do not punish crack and powder cocaine differently.17

According to estimates from the U.S. Sentencing Commission, over 7,600 people in federal prisons would likely receive a reduction in sentence if the EQUAL Act were passed – going from an average sentence of 173 months to 100 months. And over 800 people facing federal crack cocaine charges each year would benefit from the EQUAL Act.18

Voting Bills

Guaranteeing Voting Rights for Justice Impacted Voters

Inclusive Democracy Act

The Inclusive Democracy Act19 would allow all currently and formerly incarcerated people to cast ballots in federal elections. All citizens should be allowed a voice in our democracy.

The Inclusive Democracy Act includes several provisions designed to guarantee voting rights. Provisions include automatic restoration of voting rights in federal elections to all Americans with felony convictions; and elimination of state-level barriers that prevent individuals with criminal convictions – incarcerated or after release – from exercising their right to vote in federal elections.
Many of the laws linking voting rights to an individuals’ history with the criminal justice system have their roots in Jim Crow era policies20 which were explicitly designed to deny the right to vote to Black and Brown people, including poll taxes, literacy tests, grandfather clauses, and cross burnings. As a result of these outdated policies, 4 million Americans with a felony conviction were disenfranchised as of 2024, disproportionately impacting Black and Latinx Americans. Polling from Lake Research Partners21 found that a majority of voters (56%) would support a law guaranteeing the eligibility to vote for all citizens 18 and older, including citizens completing their sentence, both inside and outside of prison.

The Sentencing Project is working to pass the Inclusive Democracy Act and all legislation22 that guarantees voting rights for otherwise eligible voters in federal elections regardless of criminal conviction status.

Youth Justice Bills

Support Youth Justice Reform

Reauthorize the Juvenile Justice and Delinquency Prevention Act

The Juvenile Justice and Delinquency Prevention Act (JJDPA) was signed into law in 1974 and was most recently reauthorized in 2018 with bipartisan support. JJDPA is the United States’ main federal law governing state juvenile justice systems. The JJDPA established the Office of Juvenile Justice and Delinquency Prevention (OJJDP), which is charged with supporting local and state efforts to prevent youth crime and improve their respective juvenile justice systems. OJJDP provides funds to states that follow a set of core federal protections for youth in the justice system. The JJDPA is currently up for reauthorization, meaning that Congress previously authorized funding for 2019 through 2023 and must act to approve future funding. In September 2024, Senators Sheldon Whitehouse (D-RI) and Charles Grassley (R-IA) introduced the Juvenile Justice Delinquency and Prevention Reauthorization Act of 2024 (JJDPRA).23

The JJDPRA of 2024 provides several updates to the JJDPA and reauthorizes the Act for another five years. The JJDPRA would give greater flexibility to states to use funds to address their local needs. It also ensures that the JJDPA’s core protections apply to youth housed in adult prisons. Those four core protections include ensuring youth who merely commit non-criminal “status offenses” (such as chronic truancy or breaking curfew) are not institutionalized, removing youth from adult jails and prisons, fully separating youth (from the “sight and sound” of detained adults) when they are held in the same or adjacent facilities, and addressing racial and ethnic disparities of youth at all points in the juvenile justice system. It would also phase out the Valid Court Order exception, which allows states to incarcerate youth for status offenses if they violate the terms of their probation. Finally, it would close a loophole which allowed some facilities in states which do not meet the four core protections to receive funding.

The Sentencing Project is working to reauthorize the JJDPA as a member of the Act 4 Juvenile Justice (Act4jj) coalition. For more information on the history of the JJDPA and reauthorization, visit Act4jj.org.

Download the pdf to view:

• Appendix A: Sample Meeting Request
• Appendix B – Sample Thank You and Follow Up
• Appendix C – Example Faith-Based Letter to Congress Member
• Appendix D – Building on the First Step Act