White House Withdraws Expanded Background Check Plan, and the news in criminal justice this week

“The sentiment against this was overwhelming.” 

After a bipartisan outcry, the White House withdrew a plan to require federal job applicants to disclose their participation in diversion programs. Applicants would have been asked whether they had “been subject to judge or court specified conditions requiring satisfactory completion before a criminal charge has been or will be dismissed.” Nearly 4,000 comments were submitted to the Federal Register against the proposed change, which was first posted in late February by the Office of Personnel Management.

“We need a public safety system that holds youth accountable for crimes but just as importantly ensures they can grow and change for the better.”

Senate Bill 1008, which would end the practice of automatically referring youths accused of certain crimes to adult court, passed in the Oregon House by a vote of 40-18, narrowly meeting the 2/3 majority required to amend a voter-approved initiative. In addition to requiring a hearing for referrals, the bill allows for a “second look” hearing halfway through a sentence, and eliminates life without parole sentences for juveniles. Governor Kate Brown has indicated that she will sign the bill. We are sad to note that Senate Minority Leader Jackie Winters, who helped lead the fight for SB 1008, passed away this week. “Justice reform has been my passion for many years,” Winters said in one of her final public statements, “and I am so pleased that we got this bill across the finish line.”

“If resources are limited, are there still ways to optimize programming’s beneficial effects?”

A new report from the American Enterprise Institute, “Optimizing the Effectiveness of Correctional Programming: The Importance of Dosage, Timing and Sequencing,” offers an evidence-based framework for policymakers and practitioners to design effective interventions. Suggestions include providing longer, more intensive programming for high risk individuals, offering multiple interventions, and back-loading programming closer to a release date. Author Grant Duwe also recommends addressing recidivism factors in a thoughtful sequence, by focusing on the most influential risk factors before attending to more moderate factors like education, employment, and substance abuse.

“Tens of thousands of Oklahomans will be eligible to apply to have their felony taken off their record, which will open up new and hopefully more fruitful employment opportunities for them.”

Oklahoma House Bill 1269 was signed into law this week by Governor Kevin Stitt, making the reforms of State Question 780 retroactive. It establishes an expedited commutation process for individuals serving a felony sentence for crimes that are now misdemeanors, and simplifies expungement for low-level drug possession and property convictions. Up to 60,000 people could be eligible for expungement, and 500-800 people who are currently serving felony prison sentences could be released. The law takes effect on November 1, 2019.

“Asking hard questions and demanding evidence-based answers can protect both the public’s pocket book and its safety – on our streets, in our courtrooms, in our jails and prisons and in our communities.”

The Arizona Town Hall Association conducted 16 public meetings around the state and produced a report with recommendations for official action and personal commitments to improve the state’s justice system. Participants in the town halls included elected officials, community and business leaders, reform advocates, law enforcement, students, and people who are incarcerated—two of the town halls took place inside correctional facilities. In addition to detailing the results of the community meetings, the report includes background research from the Arizona State University Morrison Institute for Public Policy on elements of Arizona’s criminal justice system.