In his more than three decades as a senator, Biden was a tough-on-crime Democrat who could be impatient with concerns about the societal dynamics that contribute to crime, and he championed the 1994 crime bill that many experts now associate with mass incarceration.
That history has presented a challenge for Biden as he mounts his third bid for the presidency, with many progressives questioning his commitment to reforming a criminal justice system that disproportionately ensnares people of color.
But Tuesday, Biden, the former vice president, introduced a wide-ranging criminal justice reform proposal that his campaign said sought to reduce incarceration, and the toll it takes on poor communities and communities of color, at every stage, from addressing “underlying factors” that start as early as childhood to calling for the elimination of the death penalty.
The proposal comes before Biden is set to address two events this week focused on racial justice: a gathering of the NAACP in Detroit on Wednesday, and a conference of the National Urban League in Indianapolis on Thursday. On Tuesday, he will also tour a community-based center for underserved youth in New Orleans with his national campaign co-chair, Rep. Cedric Richmond, D-La., the former chairman of the Congressional Black Caucus.
Biden’s proposal seeks to address societal dynamics that affect children and are linked with crime and future incarceration, and to reform the juvenile justice system.
Aiming to reverse the legacies of the 1994 crime bill, Biden called for eliminating discrepancies in sentencing between powder and crack cocaine and for the elimination of mandatory minimum sentencing, repeating and building on points he has made on the campaign trail. He also called for an end to cash bail.
And the plan supports eliminating the death penalty through legislation at the federal level and incentives at the state level, a position that is a sharp departure from the position that Biden vocally embraced in the 1990s and throughout his Senate career.
The plan arrives just over a week before the second round of presidential debates.
In the first round last month, Biden, who continues to enjoy strong support from African American voters, found himself on the defensive as Sen. Kamala Harris, D-Calif., ripped into his record on civil rights. She criticized his opposition to many busing measures dating to the 1970s and his warm recollections last month about his working relationships with segregationists in the Senate. Biden has expressed regret for those remarks but has been unapologetic about many other aspects of his record.
Next week, Biden will again share the debate stage with Harris, and will face off for the first time with Sen. Cory Booker, D-N.J., who has also criticized Biden over his remarks about segregationist senators.
On Tuesday morning, Booker, who, like Harris, is black, highlighted Biden’s role in shaping the very criminal justice system his plan now seeks to reform.
“It’s not enough to tell us what you’re going to do for our communities, show us what you’ve done for the last 40 years,” Booker wrote in a tweet that did not refer to Biden by name. “You created this system. We’ll dismantle it.”
Biden’s proposal calls for empowering the Justice Department to “root out unconstitutional or unlawful policing” and for an independent task force focused on prosecutorial discretion.
For people who are re-entering society after serving prison sentences, Biden sets a goal of “ensuring” that all formerly incarcerated people have housing when they are released. That initiative would start with instructing the Department of Housing and Urban Development to “only contract with entities that are open to housing individuals looking for a second chance,” as well as increasing funding for transitional housing.
Biden is also urging a $20 billion competitive grant program aimed at encouraging investment in preventing incarceration and crime at the state and local level by targeting issues such as “illiteracy and child abuse that are correlated with incarceration.” It comes with the stipulation that “states will have to eliminate mandatory minimums for non-violent crimes, institute earned credit programs and take other steps to reduce incarceration rates without impacting public safety.”
His campaign also calls for the investment of $1 billion a year in juvenile justice reform, as well as more stringent protections of juvenile records and expanded funding for programs and activities for when children are not in school.
And the proposal makes overtures to law enforcement as well: “Black mothers and fathers should feel confident that their children are safe walking the streets of America,” the proposal reads. “And, when a police officer pins on that shield and walks out the door, the officer’s family should know they’ll come home at the end of the day.”
While the issue of criminal justice has been a thorny one for Biden, it has also been challenging for others in the presidential field, from Mayor Pete Buttigieg of South Bend, Indiana, whose city was engulfed in a crisis over a fatal police shooting of a black man, to Sen. Bernie Sanders, I-Vt., who as a congressman in 1994 voted for the crime bill.
In some areas, Biden is not as bold as many of his rivals. While he supports decriminalizing marijuana and expunging prior cannabis use convictions, he continues to stop short of supporting legalizing marijuana across the board in contrast to a number of his opponents. He leaves the issue of legalizing marijuana for recreational use to the states and supports reclassifying “cannabis as a schedule II drug so researchers can study its positive and negative impacts,” his proposal said.
“This plan lacks imagination,” said Michael Collins, director of national affairs at the organization Drug Policy Action, who also objected to Biden’s support for drug courts for what he described as their reliance on the current criminal justice system. “The marijuana reform part of it is a clear example of that.”
Harris, a prosecutor by training who now supports the legalization of marijuana, is expected to introduce legislation in the Senate on Tuesday that would decriminalize marijuana on the federal level and calls for resentencing for and expungement of marijuana-related convictions. It is a comprehensive measure that also aims to help marginalized communities participate in the growing cannabis industry through efforts including grants.
Earlier this year, Booker proposed his own bill that would end the federal prohibition on marijuana. That was co-sponsored by nearly all of the other Democratic senators who are running for president: Sens. Elizabeth Warren of Massachusetts, Bernie Sanders of Vermont, Kirsten Gillibrand of New York, Michael Bennet of Colorado, and Harris.
This article originally appeared in The New York Times.