Senators Cory Booker and Brian Schatz Press Jeff Sessions on Prison Terms

Story by The Beat DC

Senators Cory Booker (D-NJ) and Brian Schatz (D-HI) on Monday pressed the Department of Justice and the U.S. Sentencing Commission (USSC) to complete a study on the use of algorithmic risk assessment tools for determining prison terms, setting bail, and even supporting findings of guilt or innocence. The USSC failed to comply with DOJ instructions from 2014 asking for a report on the topic.

In a letter to AG Jeff Sessions and USSC Acting Chair William H. Pryor, Jr., the Senators asked why the USSC has not completed the study and encouraged the agency to do so within the next six months.

The initial 2014 report was requested because of the DOJ’s concern that such algorithm-based risk assessment tools were leading prison terms to be increasingly based on a person’s demographic characteristics such as age, sex, education level, family circumstances, employment status, and drug history. “There are valid concerns that some algorithms may exacerbate racial disparities by relying on socioeconomic factors correlated with race or ethnicity to set bail, determine sentencing, and even contribute to ultimate determinations of guilt or innocence. Given these concerns about fairness and transparency, we are troubled that the Commission has not taken the time to explore this issue,” the Senators wrote in the letter (below).