Theme 5

Ensure equal justice under the law

Status:

50% complete

Select another theme below to explore further:

  • Theme 1

    Improve access to government data, research, and information

  • Theme 2

    Increase civic space to engage the public

  • Theme 3

    Transform government service delivery

  • Theme 4

    Counter corruption and ensure government integrity and accountability to the public

Commitments

Invest in community violence intervention and alternatives to address social crises

Federal agencies, including the U.S. Department of Justice, Department of Health and Human Services, Department of Education, and Department of Homeland Security, are focusing resources on those most likely to engage in or be victimized by gun violence. They aim to intervene in conflicts and connect people to social, health, wellness, and economic services.


Sub-commitment 
US0143.1

Description 
The federal government commits to expanding alternative strategies to address the mental health and substance use crises, like funding mobile crisis response units.

Agency and subagency 
Department of Health and Human Services 
Substance Abuse and Mental Health Services Administration

Status 
In progress

Progress update:

Seven of the Federal Bureau of Prisons Opioid Treatment Programs were accredited by the National Commission on Correctional HealthCare during the last year. The BoP has developed training for staff and is poised to provide all three medications for Opioid Use Disorder in all of their facilities. Substance Abuse and Mental Health Services Administration continues to provide clinical guidance and support for the BoP healthcare team. Currently, SAMHSA is engaged in conversations with the BoP as they review their model of OUD treatment.

Evidence:

None.

Progress update:

The Substance Abuse and Mental Health Services Administration’s Community Crisis Response Partnerships program began in FY 2022 to support communities in creating or enhancing existing mobile crisis response teams to divert adults, children, and youth experiencing mental health crises from law enforcement in high-need communities. This program recognizes a high-need community as one where mobile crisis services are absent or inconsistent, where most mental health crises are responded to by first responders, and/or where first responders who are not behavioral health crisis specialists or adequately trained or equipped to defuse mental health crises. Grant recipients utilize SAMHSA’s National Guidelines for Behavioral Health Crisis Care: Best Practice Toolkit as a guide for best practices in the delivery of mobile crisis services. In FY 2022, SAMHSA awarded twelve grant recipients in its initial cohort, and in FY 2023, SAMHSA awarded a second cohort of thirteen grant recipients, for a total of twenty-five active grant recipients.

Evidence:

May 25, 2023 press release: HHS Awards Funding to Build Out the Biden-Harris Administration’s Crisis Care 988 Lifeline 

The White House released a fact sheet in May 2023 announcing new actions being taken to tackle the nation’s mental health crisis. Included in those actions is additional funding to support mobile crisis response units.


Sub-commitment 
US0143.2

Description 
The federal government commits to supporting the implementation of a dedicated 988 suicide and crisis care hotline.

Agency and subagency 
Department of Health and Human Services 
Substance Abuse and Mental Health Services Administration

Status 
In progress

Progress Update:

The 988 Suicide and Crisis Lifeline has expanded services and continued to answer millions of calls, texts, and chats from people experiencing mental health or substance use crises since its launch on July 16, 2022. Over the past two years, counselors answered more than 10 million calls, texts, and chats from people looking for help with suicidal thoughts and mental health and substance use-related crises. Of the 10 million contacts answered in the past two years, 1.7 million were texts — with 988 answering 51% more texts in the past 12 months than the year before. In 2023, 988 added Spanish text and chat, specialized services for LGBTQI+ youth and young adults, and videophone for American Sign Language users. Since these expansions of services, 988 counselors have answered about 20,000 Spanish-language chats and texts; more than 475,000 LGBTQI+ youth and young adult texts, calls, and chats; and about 20,000 videophone contacts in ASL.

Evidence:

July 16, 2024 Department of Health and Human Services press release: 988 Lifeline Continues to Help Millions of People

Progress update:

The Substance Abuse and Mental Health Services Administration is very proud of the work we have accomplished since the 988 suicide and crisis care hotline was fully operational in July 2022. Since that time, the 988 suicide and crisis care hotline has received and routed about 8.1 million calls, texts, and chats. The 988 Lifeline crisis counselors are trained to help reduce the intensity of a situation for the person seeking help and connect them to additional local resources, as needed, to support their wellbeing. Since the launch we have expanded the ways the public can interface with the system to include call, texts, and chats, and we continue to work tirelessly with our federal partners to increase capacity and decreased wait times; from Nov 1–30, 2023, 88% of all calls were answered within 32 seconds, which is a second faster than the same time period in 2022.

Evidence:

988 Lifeline Performance Metrics

In May 2023, Department of Health and Human Services announced an additional $200 million in funding for 988 Suicide and Crisis Lifeline. These funds will be available for states, territories, call centers and Tribal organization to continue strengthening 988 operations. 


Sub-commitment 
US0143.3

Description 
The federal government commits to harm-reduction, treatment, and recovery support for people with substance use disorders, including in prisons and jails.

Agency and subagency 
Department of Health and Human Services 
Substance Abuse and Mental Health Services Administration

Status 
In progress

Progress update:

The Substance Abuse and Mental Health Services Administration’s Community Crisis Response Partnerships program supports the development of new, or the enhancement of Mobile Crisis Response Teams that respond to mental health crises in community settings. Mobile Crisis Teams are a key component of the Crisis Continuum of Care, “someone to contact, someone to respond, a safe place for help,” and can provide trained behavioral health professionals and peers as a first responder that can be an alternative to law enforcement, paramedic, or other emergency responders. These teams have been demonstrated to reduce emergency department visits, psychiatric admissions, and arrests Mobile Crisis Teams connect individuals with treatment and community resources and intervene to prevent suicide deaths. SAMHSA’s CCRP program began in FY 2022, with twelve grant recipients, and increased to a total of 25 active grantees after a second cohort was awarded in FY2023. From the program’s inception through March 2024, the grantees have successfully screened 21,285 individuals for suicide ideation, resolved 71.21% of all crisis response requests in the community, and confirmed diversion from law enforcement for 2,717 individuals experiencing behavioral health crisis.

Evidence:

None.

Progress update:

Substance Abuse and Mental Health Services Administration partnered with DEA and the Federal Bureau of Prisons on expanding opioid treatment. The Federal Bureau of Prisons worked to ensure that each of their facilities are equipped and trained to provide in-house medication-assisted treatment (White House, SOTU). In addition to an original seven that were full Opioid Treatment Program-certified within the BOP at the beginning of 2023, DEA and SAMHSA worked to convert 87 of 89 BOP medication units to full, independent OTPs. These now hold provisional certifications with the ability to provide services and will begin accreditation processes later in 2024 as they become eligible.

Evidence:

Feb 1, 2024 HHS press release: Biden-Harris Administration Marks Two Years of Advancements in HHS’ Overdose Prevention Strategy with New Actions to Treat Addiction and Save Lives 

DEA, BOP, and the Substance Abuse and Mental Health Services Administration have partnered to provide Medications for Opioid Use Disorder treatment in all 96 BOP facilities. MOUD treatment, as defined by SAMHSA, is buprenorphine, methadone, and naltrexone used to treat OUD to short-acting opioids such as heroin, morphine, and codeine, as well as semi-synthetic opioids like oxycodone and hydrocodone. All 96 BOP facilities have completed the DEA registration process and have received certification through SAMHSA to allow them to dispense MOUD.


Sub-commitment 
US0143.4

Description 
The federal government commits to broadening access to social workers, psychologists, and mental health counselors in schools and communities across the country.

Agency and subagency 
U.S. Department of Education 
Office of Elementary and Secondary Education, Office of Safe and Supportive Schools

Status 
Complete

Progress update:

Through funds made available in the Bipartisan Safer Communities Act, the Office of Elementary and Secondary Education’s Office of Safe and Supportive Schools has awarded 264 grants to more than 40 states to increase the supply of school-based mental health professionals under the School-Based Mental Health Services Grant and the Mental Health Services Professional Demonstration Grant Programs. This initial activity of selecting and awarding grants is now completed as is this Open Government sub-commitment. The program has moved into a new phase of grant management where the grant awardees will implement their five year plans.

Evidence:

Feb.14, 2024 Ed.gov fact sheet: U.S. Department of Education Releases 2023 Update to Equity Action Plan, Outlines New Commitments to Advance Equity 

No progress update.

Improve conditions of confinement and addressing unjustly long or severe sentences

The federal government aims to improve conditions in the criminal justice system.  The Administration remains committed to better confinement conditions and reducing unjust sentences.


Sub-commitment
US0144.0

Description
Going forward, the U.S. Department of Justice will commit to continuing to implement rules that allow individuals to earn credits for good conduct and for participating in programming designed to reduce recidivism.

Agency and subagency
U.S. Department of Justice
Federal Bureau of Prisons

Status
Complete

Progress update:

The First Step Act or FSA (Public Law 115-39) passed on December 18, 2018. It requires the Attorney General to develop a risk and needs assessment system for BOP to assess the recidivism risk and criminogenic needs of all federal prisoners and to place prisoners in recidivism reducing programs and productive activities to address their needs and reduce this risk. This Open Government National Action Plan sub-commitment has been completed with creation of the PATTERN recidivism risk tool, the SPARC-13 needs assessment, and the publication of the initial First Step Act annual report. This work now moves into an operations and maintenance stage where the Department of Justice and Federal Bureau of Prisons will continue to work to make incremental improvements to data it collects and the process by which it complies with the First Step Act. This progress will be detailed in future First Step Act annual reports.

Evidence:

No progress update.

Expand social and economic supports for justice-impacted individuals

Research shows that individuals reentering society after incarceration often lack support for stable housing, employment, and social connections, leading to recidivism. Federal agencies initiated more than 20 actions to aid returning citizens including a robust re-entry program, additional job training and re-entry support, offering Pell Grants, and increasing access to loan programs.


Sub-commitment
US0145.1

Description
The U.S. Department of Education is partnering with the U.S. Department of Justice to prepare for the full reinstatement of Pell Grant eligibility within correctional facilities in June 2023.

Agency and subagency
U.S. Department of Education
Office of Federal Student Aid

Status
Complete

Progress update:

This commitment was previously completed.

Evidence:

See previous update.

The U.S. Department of Education has partnered with the U.S. Department of Justice to implement the full reinstatement of Pell Grant eligibility within correctional facilities which could expand access to 760,000 additional individuals once fully developed. Institutional applications for Prison Education Programs opened on July 3, 2023 and more information including the application form can be found on the department’s knowledge center website  or in the press release, U.S. Department of Education to Launch Application Process to Expand Federal Pell Grant Access for Individuals Who Are Confined or Incarcerated.


Sub-commitment
US0145.2

Description
The U.S. Department of Housing and Urban Development is also comprehensively reviewing its existing regulations and guidance to identify how the agency’s housing programs can increase inclusivity for people with arrest and conviction records.

Agency and subagency
U.S. Department of Housing and Urban Development
Fair Housing and Equal Opportunity

Status
Complete

Progress update:

The U.S. Department of Housing and Urban Development completed a comprehensive review in April 2023 of HUD regulations, policies, and guidance to identify ways to reduce unnecessary and discriminatory denials and exclusions for people who have past criminal records but who pose no danger or risk to their communities. That review found that several of HUD’s regulations and sub-regulatory provisions could be improved and clarified to ensure that public housing agencies and HUD-affiliated owners are following recognized best practices. As a result of that review, HUD is amending the Department’s regulations governing housing vouchers, public housing, and HUD’s multifamily housing programs to ensure that applicants are not automatically denied simply because they have a criminal record, but instead are given a fair and full individualized review. In October 2023, HUD also announced amendments to a regulation that would eliminate the department’s restrictions on the use of fair housing testers with prior felony convictions or certain other convictions by Fair Housing Initiatives Program grantees and Fair Housing Assistance Program agencies. This change would ensure that FHIP and FHAP funded entities are able to fully investigate criminal background screening policies that are potentially discriminatory under federal civil rights laws by using testers with actual criminal backgrounds.

Evidence:

No progress update.


Sub-commitment
US0145.3

Description
The Administration is accounting for the digital economy by ensuring that incarcerated and formerly incarcerated persons are included in programs to expand high-speed internet access, technology, and digital education and access programs to close the digital divide.

Agency and subagency
U.S. Department of Commerce
National Telecommunications and Information Administration

Status
Complete

Progress update:

The Broadband Equity, Access, and Deployment program is a $42.45 billion state grant program authorized by the Bipartisan Infrastructure Law. States and territories will use the funding to deploy or upgrade broadband networks to ensure that everyone has access to reliable, affordable, high-speed Internet service. Once deployment goals are met, remaining funding can be used on high-speed Internet adoption, training, and workforce development efforts, among other eligible use.

Evidence:

No progress update.

Implement the president’s historic commitment on marijuana-related federal offenses

The criminalization of marijuana possession has disproportionately impacted Black and Brown communities. The Administration issued a proclamation pardoning citizens and legal residents convicted of simple marijuana possession under federal law or D.C. Code and has directed a review of marijuana’s scheduling under federal law and is encouraging governors to pardon state-level offenses.


Sub-commitment
US0146.1

Description
The federal government commits to implementing this proclamation, including by issuing certificates to eligible applicants who were convicted or charged with marijuana possession.

Agency and subagency
Executive Office of the President
Domestic Policy Council

Status
Complete

Progress update:

In March 2023, the justice department launched an application for eligible individuals to receive certificate of proof they were pardoned under the Oct. 6, 2022, proclamation by President Biden, and in December 2023, President Biden pardoned additional offenses of simple possession and use of marijuana under federal and D.C. law.

Evidence:

No progress update.


Sub-commitment
US0146.2

Description
President Biden has asked the secretary of Health and Human Services and the attorney general to initiate a process to review how marijuana is scheduled under federal law.

Agency and subagency
Executive Office of the President
Domestic Policy Council

Status
Complete

Progress update:

President Biden asked the Secretary and the Attorney General to initiate a process to review the scheduling of marijuana. That review has concluded. Consistent with the scientific and medical evaluation of marijuana by the Department of Health and Human Services, on May 16, 2024, the Attorney General initiated the process to propose rescheduling marijuana from schedule I to schedule III. That proposal is proceeding through the statutorily mandated rulemaking process.

Evidence:

Progress update:

President Biden asked HHS and DOJ to review how marijuana is scheduled. HHS concluded their independent review, guided by evidence. The scheduling review is now with DOJ and any input should be directed to them, at a time and in a manner they say is appropriate.

Evidence:

None

No progress update.


Sub-commitment
US0146.3

Description
The federal government will continue to encourage governors to follow the federal government’s lead with regard to state offenses, since most marijuana prosecutions take place at the state level.

Agency and subagency
Executive Office of the President
Domestic Policy Council

Status
Complete

Progress update:

As part of President Biden’s October 2022 and December 2023, pardons of simple possession and use of marijuana under federal and D.C. law, he called on governors to do the same.

Evidence:

No progress update.

Improving data availability to promote effective and accountable policing and criminal justice practices

Public trust in the criminal justice system requires transparency and accountability. The attorney general will create the National Law Enforcement Accountability Database to track officer misconduct and commendations, with contributions encouraged from all levels of law enforcement. The government will explore public access to some records while ensuring privacy and safety.


Sub-commitment
US0147.1

Description
To support greater transparency and accountability in our criminal justice system, the executive order directed the attorney general to establish the National Law Enforcement Accountability Database as a centralized repository of official records documenting instances of law enforcement officer misconduct as well as commendations and awards for all federal law enforcement agencies.

Agency and subagency
U.S. Department of Justice
Justice Management Division

Status
Complete

Progress update:

As part of the Justice Department’s ongoing work to improve public safety and advance accountability in law enforcement, on December 18, 2023 the U.S. Department of Justice launched the National Law Enforcement Accountability Database, a centralized repository of official records documenting instances of misconduct as well as commendations and awards for federal law enforcement officers. The NLEAD is accessible only to authorized users to help determine suitability and eligibility of candidates for law enforcement positions. As required by the Executive Order, on an annual basis, the Justice Department, through its Bureau of Justice Statistics, will publish a public report containing aggregated and anonymized data to maintain transparency and accountability. The NLEAD connects all federal law enforcement agencies under one accountability infrastructure. With the NLEAD, law enforcement agency hiring personnel will have more accurate and complete information about misconduct in a job candidate’s past. Agencies can then make more informed hiring decisions, which enhances both accountability and public safety.

Evidence:

No progress update.


Sub-commitment
US0147.2

Description
The federal government commits to assessing the feasibility of what database records may be accessible to the public, taking into account the critical need for public trust, transparency and accountability, as well as safety, privacy, and due process concerns.

Agency and subagency
U.S. Department of Justice
Bureau of Justice Statistics

Status
Complete

Progress update:

Per Executive Order 14074, DOJ Bureau of Justice Statistics will publish an annual public report with aggregated and anonymized information on National Law Enforcement Accountability Database. This Open Government sub-commitment is complete, and the results of what database records may be accessible to the public will be published by the U.S. Bureau of Justice Statistics.

Evidence:

None

No progress update.


Sub-commitment
US0147.3

Description
Publishing regular public reports based on anonymized data from the database once the database is established.

Agency and subagency
U.S. Department of Justice
Bureau of Justice Statistics

Status
In progress

Progress update:

This includes publishing regular public reports based on anonymized data from the database once the database is established.

Evidence:

DOJ is continuing to take action as required by this provision of EO 14074, Justice Department Fact Sheet on Implementing Executive Order onAdvancing Effective, Accountable Policing, and Criminal Justice Practices to Enhance Public Trust and Public Safety [PDF].

No progress update.


Sub-commitment
US0147.4

Description
The subcommittee commits to launching an interagency working group on criminal justice statistics with representatives from relevant offices across the federal government. To inform that report, the working group will launch a 60-day comment period and host a series of listening sessions to solicit input from members of the public across the nation.

Agency and subagency
Executive Office of the President
Office of Science and Technology Policy

Status
Complete

Progress update:

This commitment was previously completed.

Evidence:

See previous update.

In January 2023, the subcommittee on equitable data established the Criminal Justice Statistics Interagency Working Group, and issued the the report, Equity and Law Enforcement Data Collection, Use and Transparency [PDF].


Sub-commitment
US0147.5

Description
The working group will look for feedback on how to improve law enforcement agency data collection, use, and transparency to inform policies, protocols, and procedures that will result in more equitable, effective, and accountable policing outcomes.

Agency and subagency
Executive Office of the President
Office of Science and Technology Policy

Status
Complete

Progress update:

This commitment was previously completed.

Evidence:

See previous update.

Running from 2/26/2023 through 3/30/2023, OSTP issued an RFI through the Federal Register, asking for public information to inform a report to the president on the current data collection, use, and data transparency practices with respect to law enforcement activities.

In addition to the RFI responses, the working group heard from over 200 representatives from the federal government; law enforcement; software vendors; nonprofit organizations focused on data privacy, victim advocacy, civil rights, legal defense, and legal prosecution; and academics, and issued the the report, Equity and Law Enforcement Data Collection, Use and Transparency [PDF].

Increase access to justice

Legal services are crucial for justice and stability, yet low-income Americans often lack adequate legal aid, leading to poverty and poor defense in criminal cases.


Sub-commitment
US0148.0

Description
The Office for Access to Justice and the White House Legal Aid Interagency Roundtable commit to continue work across agencies to increase access to justice for individuals.

Agency and subagency
Executive Office of the President
Domestic Policy Council

Status
In progress

Progress update:

DOJ and the LAIR are continuing to take action on this deliverable. Since DOJ and WHCO issued the 2023 LAIR Report, LAIR has published a first-of-its kind resource to simplify the search for federal funding opportunities for legal service providers, launched three committees to advance LAIR’s directives, and hosted a plenary convening with more than 60 federal agency partners.

Evidence:

Leveraging Federal Funding across Government to Expand Access to Justice: Updates from the White House Legal Aid Interagency Roundtable

Progress update:

DOJ and the LAIR are continuing to take action on this deliverable. DOJ and WHCO issued the 2023 LAIR Report, Access to Justice in Federal Administrative Proceedings: Nonlawyer Assistance and Other Strategies.

Evidence:

December 6, 2023 press release: White House Legal Aid Interagency Roundtable Issues Report

No progress update.