Albuquerque's forfeitures ruled unconstitutional, and the news in criminal justice this week

“The Court concludes that the City of Albuquerque’s forfeiture officials have an unconstitutional institutional incentive to prosecute forfeiture cases…”

A U.S. District Court ruled that Albuquerque’s asset forfeiture program violated the constitution both by depriving owners of their property without due process, and by injecting the city’s financial interest into the law enforcement process. Albuquerque’s program raised nearly $12 million in forfeitures, settlements and fees between 2009 and 2016, and until recently, the city had refused to comply with state law that required a criminal conviction to forfeit property.  Sixteen states, including New Mexico, Iowa, New York, Pennsylvania and Utah, require the government to bear the burden of proof in innocent-owner claims; only seven have closed the equitable sharing loophole created by federal law.

“We looked at the evidence and decided it was time to discard the curfew law.”

Austin, Texas, has seen a 12 percent decrease in juvenile victimization since it rescinded its juvenile curfew law. Curfew violations and truancy had been classified as Class B misdemeanors, bringing youths into adult courts where they were forced to pay fines and fees, and had no right to counsel. Austin’s Assistant Police Chief Troy Gay suggested a link between the policy and the victimization rate: “…youth aren’t hiding from the police anymore, in places they weren’t supposed to be. Now they can be in a public place and not fear the police, and maybe that makes everyone safer.”

“These challenges may appear overwhelming, but many states are using innovative approaches to tackle them and are achieving results.”

The Council of State Governments Justice Center introduced a new website, the 50-State Report on Public Safety, which features more than 300 data visualizations comparing crime, recidivism and state correctional practices. Highlighted innovations come from all 50 states, including Ohio’s  Crisis Intervention Teams, Pennsylvania’s use of performance-based contracts for halfway houses, and New Mexico’s first-in-the-nation requirement that all local and state law enforcement officers carry naloxone.

“We took up the mantle in 2016 because businesses need to tap these ready and willing employees, and we can get tens of thousands of our fellow South Carolinians back into the workforce.”

According to the Greenville Chamber of Commerce, South Carolina finally enacted a "major jobs bill that the business community believes will expand the state’s economy, increase labor force participation, and lower recidivism rates.” That bill? A significant expansion of expungement opportunities designed to get those with a criminal record back to work. With thousands of unfilled positions across South Carolina, the business community partnered with policymakers and advocates to “clean up the records of tens of thousands of low-level, non-violent offenders so they can get back to work."