Alternatives to Incarceration

Fair Chance Hiring, and the news in criminal justice this week

“Right now, there are millions of Americans just like me waiting for their second chance. We need Congress to pass more criminal justice reforms.”

Writing in the New York Post, Matthew Charles called on President Trump and members of Congress to take the next step in justice reform and pass the Fair Chance Hiring Act. Sponsored by Senators Ron Johnson (R-WI) and Cory Booker (D-NJ), and Representatives Elijah Cummings (D-MD) and Doug Collins (R-GA), the bill would prohibit the federal government and federal contractors from asking about an applicant’s criminal record until after a conditional offer of employment is extended.

“A lot of cases, I make less than $5 an hour, but I stopped calculating it because it’s so depressing.”

Indigent defense lawyers in Detroit are paid $40 for an arraignment, $110 for a plea-deal hearing, and $90 for a half-day of trial, regardless of how long or involved each hearing is, or how much out-of-court work is involved. Wayne County spends $5.5 million each year for indigent defense, and court fees paid to lawyers haven’t increased in more than 20 years. The Michigan Indigent Defense Commission created a set of new standards to ensure that defense lawyers are paid for out-of-court work and remain independent from judges. One of their first recommendations takes effect in October—rather than being individually appointed by judges, defense lawyers will be assigned by a computer, based on their relevant experience and training.

“It’s an incredibly significant day to make a decision on one of the key civil rights issues of our time.”

Harris County Commissioners agreed to a settlement this week in a lawsuit where plaintiffs claimed there was a two-tier system of justice, keeping poor defendants jailed while rich defendants were able to be released on bail. The settlement agreement calls for a monitor to oversee new bail protocols for seven years, creates safeguards to help defendants show up in court, provides comprehensive public defense services, and establishes a transparent data collection process to allow the county to make evidence-based adjustments. The new system will cost between $59 and $97 million, according to county estimates, but will save $18,250 per year for each person who is no longer detained before trial.

“… The bottom line is that our data show states are bearing a very high financial burden in the crisis.”

Researchers at Penn State looked at the various ways the opioid epidemic has impacted state budgets, and found $112 billion in Medicaid costs, $13 billion in reduced employment and tax revenue, and $2.8 billion in increased costs in the child welfare system. In Pennsylvania alone, researchers estimated that opioid-related criminal justice costs came to $526 million between 2007 and 2016. Collectively, the impacts are estimated at $130 billion, with $6-10 billion in additional spending each year.

“I love you, and I’ll see you soon, if I get there.”

When people are released from jail at night and in the early morning hours, many struggle to find transportation and shelter. Some jails have created policies to mitigate the risk—San Francisco distributes taxi vouchers to those released after 8 p.m., and Washington, D.C. ensures that people released after 10 p.m. have a ride, housing, and a week’s supply of their prescription medications. California lawmakers are considering the “Getting Home Safe Act,” which would allow those scheduled for late-night releases to choose to remain in jail until the morning, or have access to a safe place to wait for a ride.

Michigan's Jail and Pretrial Incarceration Task Force, and the news in criminal justice this week

“Is this a person we’re angry with? Afraid of? Or afraid for?”
 
The first public meeting of Michigan’s Joint Task Force on Jail and Pretrial Incarceration was held this week at Wayne State University Law School. The bipartisan task force includes lawmakers, prosecutors, defense attorneys, judges, law enforcement and reform advocates. “Anyone can identify a problem,” House Speaker Lee Chatfield (R-Levering) said in opening remarks. “But it takes real leaders to present solutions.” Future meetings have been scheduled in Traverse City, Grand Rapids, Detroit and Lansing, and their final report is due January 10, 2020. 

“We have exceeded last year’s savings. This is good news.”
 
Louisiana officials announced this week that the state continues to see smaller prison populations and cost savings from 2017’s justice reforms. The prison population dropped to 31,756, a 4.2% decline from 2018, and the number of people on parole or probation supervision dropped to just under 60,000, a 9% reduction from 2018. Of the $17.8 million in reduced spending, an estimated $12.5 million will be reinvested into programs aimed at reducing crime and recidivism, providing alternatives to incarceration, and supporting victims. “It’s still early in this process and there are more lessons to learn and more challenges to meet,” said Governor John Bel Edwards, “but we are taking significant steps toward improving our criminal justice system.”
 
“Is it because people don’t want to pay? Or is it because they can’t?”
 
Chicago Mayor Lori Lightfoot and City Clerk Anna Valencia announced plans this week to reduce the impact of fines and fees on low-income residents. Revenue from parking, red light, and speeding tickets brought in more than $260 million in 2018, but more than two-thirds of tickets remain unpaid, and 59,000 people have had their driver’s license suspended for non-driving violations. The proposed reforms would end driver’s license suspensions for unpaid tickets related to non-driving violations and create payment plans with lower down payments and longer time periods.“Driven Into Debt,” a joint investigation by ProPublica Illinois and WBEZ that highlighted the impact of city ticketing practices, particularly on communities of color, was credited with spurring the reforms.
 
“Now is the time to double down on the strategies that are working.”
 
According to new data from the National Center for Health Statistics, the number of overdose deaths fell 4.2% in 2018, to an estimated 68,500 nationwide. Deaths related to opioids declined slightly, from 49,000 to 47,600, while those related to cocaine and psychostimulants increased from 25,800 to 28,700.  Some of the steepest declines in overdose deaths came in Ohio, which saw a 22.1% decrease, and Pennsylvania, where 18.8% fewer deaths were reported. Eighteen states, including Arizona, Oregon, Tennessee and Louisiana, saw increases in fatal overdoses from 2017 to 2018.
 
“For the past few years, the population has been growing, and we’ve been trying to take steps to address it. And I think you’re seeing the result of those steps.”
 
Colorado’s prison population, once expected to surpass 24,000 by 2025, is now expected to stay level, according to revised estimates from the Department of Public Safety. Officials attributed the change in trajectory to a decline in incarceration for technical parole violations, fewer parole denials, and the reclassification of some drug felonies as misdemeanors. The reclassification is expected to result in 300 fewer prison commitments each year.

First Step Act Implementation, and the news in criminal justice this week

“It’s a long overdue change.” 

Nearly 3,100 people are scheduled to be released from federal prisons, halfway houses or home confinement this week as a result of the First Step Act’s “good time” credit changes. Justice Department officials also unveiled a new risk and needs assessment to help assign recidivism reduction programming. And in the New York Times, U.S. District Court Judge Robin Rosenberg wrote about the process of freeing Robert Clarence Potts III, who was sentenced to life in prison for drug and weapons charges. During his 20 years in prison, Potts overcame addiction, took courses in personal growth and responsible thinking, and studied software and the law. As a result of the First Step Act, Potts was able to seek a sentence reduction, and Rosenberg was able to order his release to a residential re-entry center. 

“It’s sort of a testament to the fact that we don’t need to rely on incarceration to live in a city that’s safe.” 

 According to new data from the New York City Mayor’s Office for Criminal Justice, there were nearly 20% fewer jail admissions in fiscal 2019 than in 2018. City officials attributed the drop in jail admissions to decreased crime, the decriminalization of marijuana, and bail reform. The city’s jail incarceration rate is now the lowest since 1978, but there are still ongoing concerns: more people are being admitted to jail for violating state parole, and individuals on parole are staying in jail twice as long as those facing similar charges. Racial disparities in the city’s jail population have also persisted—86.3% of those in jail in 2018 were African-American or Hispanic. 

“Is it financially prudent and morally responsible to fund a co-equal branch of government on the backs of a few who are often the poorest and least fortunate members of our society?”

After a legislative audit found widespread irregularities in pretrial diversion programs and revenues, Louisiana Chief Justice Bernette Johnson asked prosecutors to report their income from diversion programs to the research arm of the state Supreme Court. The results showed variation across the state—a DWI dismissal, which isn’t offered in every jurisdiction, costs $2,100 in St. Tammany Parish and $1,000 in East Baton Rouge. And while some District Attorney’s offices showed little revenue from pretrial interventions, Rapides Parish brought in more than $2 million per year. Internal documents showed the Rapides Parish diversion fees paid for conferences, postage, office supplies, and nearly $90,000 in unitemized “fringe” expenditures.

“Technical violations account for almost 1 in 4 admissions to state prison and $2.8 billion in annual incarceration costs.”

An issue brief from the Pew Charitable Trusts examines reforms implemented through Justice Reinvestment Initiatives to address high rates of technical revocations for people on probation. The authors identified four categories of reform policies: tailoring supervision strategies toward behavioral change for high-risk supervisees, providing incentives for people on supervision, using administrative responses to violations, and capping or reducing jail or prison time for violations and limiting the use of incarceration for technical violations. They also highlighted model policies, including Utah’s earned credits toward discharge from parole or probation, and Georgia’s requirement of evidence-based practices to reduce recidivism.

“What we do is find athletes who are passionate about justice reform issues and work with them to help amplify their voices.”

The Justice Action Network partnered with University of Kentucky standout and Pittsburgh Steelers’ Rookie Benny Snell, Jr. to host system-impacted children at a football camp in Westerville, Ohio this week. Nearly 200 kids, aged 6-16, participated in the camp, which was held at Snell’s alma mater, Westerville Central High School. The Justice Action Network worked with groups, including the Boys and Girls Club, to identify kids whose families had been involved in the criminal justice system.

Bipartisan Reforms in Missouri, and the news in criminal justice this week

“…The system needed to change over the years because just locking people up was not always the answer.”

Governor Mike Parson signed a series of bills he said would “bring bipartisan reform to Missouri’s criminal justice system while also promoting public safety and supporting our local prosecutors.” The bills covered a wide range of criminal justice issues, including eliminating mandatory minimum sentences for some nonviolent offenses, expanding the list of crimes eligible for expungement, prohibiting imprisonment due to an inability to pay jail board bill, and ensuring that each judicial circuit has a veterans’ treatment court. Legislative researchers estimated that the sentencing reforms in House Bill 192 alone could save the state up to $5.8 million once they are fully implemented in 2023.

“States such as Kansas and Georgia are learning that people benefit from community-based punishments that offer character building and skills development without sacrificing safety.”

Juvenile incarceration has dropped 60% since 2000, and Prison Fellowship’s Kate Trammell points to state-level reforms as a major driver of that reduction. Kansas, which focused on diversion programs that provided community-based alternatives to incarceration, saw a 31% drop in juvenile correctional placements between 2015 and 2018, and was able to fund evidence-based programs with $30 million in cost savings. Similarly, Georgia has seen a 46% decline in commitments to the state’s Department of Juvenile Justice since reforms were passed in 2013.

“This is a great opportunity for a real career outside of here. It’s not just one of those jobs to get by.”

Federal Correction Institute Englewood hosts a variety of job-training programs that Justice Department officials are touting as models for the First Step Act’s reentry programs. The Colorado prison’s architectural drafting program is assisting the Port Authority of New York in a flood prevention project, the culinary arts program trains aspiring chefs, and a roofing and road paving crew works on repairs and new construction at federal facilities across the country. Deputy Attorney General Jeffrey Rosen toured Englewood this week, while Attorney General William Barr and South Carolina Senators Tim Scott and Lindsey Graham reviewed training programs at FCI Edgefield. 

“We need to get people into good-paying jobs and get them into housing … These things become pipe dreams for many people with criminal records.”

North Carolina’s Second Chance Act, which would expand and simplify expungement, was advanced by the House Judiciary Committee this week. It was unanimously approved by the Senate in May, and has support from groups across the ideological spectrum including the state Conference of District Attorneys. Senate Bill 562 would allow people with nonviolent misdemeanor convictions to have their public record cleared after seven years. And starting in 2020, records of charges for which a person was not convicted will be automatically removed.

“Families with incarcerated loved ones believe lawmakers would support smarter justice reforms if they took the time to visit a prison or jail, and see what it is like.”

FAMM’s #VisitAPrison challenge launched this week, encouraging state and federal policymakers to pledge to visit a prison or jail in the next 12 months. Legislators from across the country have taken the pledge, including Senator Dick Durbin (D-IL), Representative Doug Collins (R-GA), Arizona State Representative Lorenzo Sierra, Georgia State Representative Gregg Kennard, New York Assemblymember Harvey Epstein, Oregon State Senator Sara Geiser, and Pennsylvania Senators Camera Bartolotta and Sharif Street. More information about the #VisitAPrison challenge is available here.


Ending the "no-touch" policy at Shakopee, and the news in criminal justice this week

“It’s incumbent upon us to be mindful of the environment we’re creating. We’ve learned that having basic human contact is part of the human experience.”

Minnesota Department of Corrections Commissioner Paul Schnell said the department would change the “no-touch” policy enforced at the Shakopee women’s prison. According to Shakopee Warden Tracy Beltz, the policy was intended to be temporary, and was instituted after a report from the Bureau of Justice Statistics showed high rates of sexual misconduct between women incarcerated at Shakopee. Beltz circulated proposed changes to the rules last month, including allowing fist-bumps, hand-shakes and high-fives, but not hugs. During visitation, women at Shakopee are limited to a brief hug and kiss on the cheek from family members and can hold children under 9 on their laps.

“Between counties, high rates of incarceration were associated with a more than 50% increase in drug-related deaths.”

New research published in The Lancet Public Health Journal provides evidence that increased imprisonment has contributed to higher overdose deaths. Even when controlling for opioid prescription rates, crime rates, and socioeconomic and demographic factors, counties with higher jail and prison incarceration rates had higher drug-mortality rates. The research team analyzed records from 2,640 counties, with data from the Census Bureau, the Centers for Disease Control and Prevention, the National Vital Statistics System, the Institute for Health Metrics and Evaluation, the National Center for Health Statistics, and county-level incarceration data collected by the Vera Institute of Justice.

“Left with few options but to arrest, disperse, or issue a citation, many officers experience frustration at what amounts to a revolving door between homelessness and the criminal justice system—a cycle that disproportionately affects people of color.”

The Council of State Governments and the U.S. Interagency Council on Homelessness released a report this week, “Strengthening Partnerships Between Law Enforcement and Homelessness Service Systems.” Their recommendations came out of a 2018 convening that brought together teams from 10 cities, including Tupelo, Mississippi; Philadelphia, Pennsylvania; and Portland, Oregon. Recommendations include developing shared goals and involving critical stakeholders, reviewing and aligning local laws with the goals of the partnership, and equipping law enforcement and homelessness services with training and protocols.

“Despite recent criminal justice reform, new criminal court rules, and successful litigation…thousands of people continue to languish in Mississippi’s county and regional jails awaiting indictment and trial.”  

Students at the University of Mississippi collected jail census reports from sheriffs covering 5,700 people being held before trial and found half had been confined for more than 90 days, and 800 had been confined for more than a year. Under guidelines adopted by the Mississippi Supreme Court in 2017, “a defendant should be released pending trial whenever possible,” and indigent defendants may be released on “non-financial conditions that make it reasonably likely that the defendant will appear.” But Cliff Johnson, director of the MacArthur Justice Center, said “automatic money bail” has become accepted practice, leaving advocates to address violations case-by-case in the state’s 82 counties and 300 cities and towns.

“Youth-driven collaboration is an essential component of increasing trust in law enforcement and confidence in the fairness of our system.”

The Justice Ambassadors Youth Council provides a platform for formerly incarcerated youth to create justice reform proposals with leaders from courts, police, corrections, and the Manhattan District Attorney’s office. At a graduation ceremony last month, ambassadors presented proposals to incorporate social workers into the court process to provide emotional support, include contextual information and experiences of trauma in crime reporting, and implement restorative justice programs in schools. Patrick Edge, part of the first class of ambassadors, said he was initially resistant to the project. “But then when I thought about it more, I thought it was important for law enforcement to hear the idea I had about creating an opportunity for youth.”

Clean Slate in Pennsylvania, and the news in criminal justice this week

“This Clean Slate law is really about preventing a criminal charge being a life sentence to poverty.”

Pennsylvania will begin automatically sealing 30 million criminal records today, thanks to the first-in-the-nation Clean Slate Act. The broad, bipartisan coalition that helped pass Clean Slate last year, including Governor Tom Wolf, Clean Slate Act co-sponsors Jordan Harris and Sheryl Delozier, and representatives from the Justice Action Network, Community Legal Services, the Center for American Progress, the Administrative Office of Pennsylvania Courts, the Pennsylvania Chamber of Business and Industry, the Pennsylvania District Attorneys Association and the Greater Pittsburgh Chamber of Commerce gathered for a press conference to mark the bill’s full implementation. Following Pennsylvania’s lead,  similar legislation has been passed in Utah and is pending in Michigan.  

“They need to be able to manage the demands of life. They need to have an education that prepares them for employment. They need to have positive relationships with others. They are not going to get any of that locked in a room somewhere.” 

“Not in Isolation,” a new report from the Center for Children’s Law and Policy and the Justice Policy Institute, looks at strategies for safely reducing the use of room confinement in juvenile detention facilities in Colorado, Massachusetts, Oregon, and Memphis, Tennessee. While approaches and tactics varied by jurisdiction, one common takeaway was the need for regular training on crisis intervention, adolescent development and de-escalating aggression. Each case study includes perspectives from facility and agency staff, program materials, examinations of challenges and lessons learned, and qualitative and quantitative results. 

“These regulations do not protect public safety. They bar people from employment, and too often the result of unemployment is homelessness, hunger, and re-incarceration.”

Rhode Island Senate Bill 610, which would reform the state’s occupational licensing requirements, was unanimously passed by the Senate this week with a vote of 37-0.  The bill would create a process to determine whether a prior conviction was relevant to the licensed occupation, and ensure a license could not be denied solely on the basis of a criminal record. More than 100 occupations in Rhode Island currently require a background check inclusive of non-related convictions and “crimes of moral turpitude,” and 40% of licensed occupations are in the state’s fastest-growing fields.

“The only way we’re going to move the needle…is to find common, middle ground that is good policy.”

Oklahoma’s new 15-member Criminal Justice Reentry, Supervision, Treatment and Opportunity Reform (“RESTORE”) Task Force, hopes to advance criminal justice reform with an emphasis on compromise. Subcommittees will focus on six areas of concern: the “pipeline” of factors resulting in incarceration; “front end” issues including bail, bond, diversion and alternatives to incarceration; sentencing issues related to serious crimes, habitual offenders, and the impact of sentencing changes; “back end” concerns including re-entry, pardon and parole, commutations, supervision and occupational licensing; rural issues including access to treatment and effective counsel; and using data and research to improve oversight and reduce crime.

“The choice between civil asset forfeiture and fighting crime is a false dichotomy.”

Writing in the Clarion Ledger, Brett Kittredge of the Mississippi Center for Public Policy and Lee McGrath of the Institute for Justice call for an end to civil asset forfeiture. “Mississippi law enforcement isn’t necessarily busting drug kingpins,” they argue, pointing to a review of the first 18 months of the state’s civil forfeiture database. Fewer than 10 seizures had a value of more than $60,000, and the vast majority were for $5,000 or less. Dismissing the argument that civil forfeiture is needed to fight crime, the authors say North Carolina, New Mexico and Nebraska, which have abolished civil forfeiture, haven’t seen spikes in crime or become “havens for drug dealers.”



"Confined and Costly," and the news in criminal justice this week

“Many states have made recidivism reduction a public safety priority, but the harsh reality is that supervision fails nearly as often as it succeeds.”

The Council of State Governments Justice Center released a report this week called “Confined and Costly,” examining how parole and probation violations contribute to state prison populations. They found that 45% of state prison admissions are due to violations of probation or parole, costing more than $9.3 billion annually. The report includes state-by-state analysis of supervision violations and budget impacts. More than half of people in prison on any given day in Idaho, Arkansas, Missouri and Wisconsin are there for a supervision violation, compared to fewer than 5% in Maryland, Michigan, Alabama and Massachusetts.

“It’s the talk of the prison yard in a lot of prisons statewide.”

Oklahoma’s Pardon and Parole Board received nearly 750 applications for commutations in the first four months of the year, almost twice as many as in the same period in 2018. House Bill 1269, signed into law this year, created a single-stage commutation docket for people whose convictions are for felonies now reclassified as misdemeanors, but the law doesn’t take effect until November 1. Until then, the board conducts a two-stage review and sends recommendations to the governor. More than 560 applications were submitted in May alone. “We’re doing our best to keep afloat,” Interim Executive Director Melinda Romero told the Oklahoman. “We’re processing them as fast as we can.”

“The assumption is often made that people with mental illness end up in the justice system because they refuse healthcare interventions. In these cases, the opposite was true; the healthcare system refused them.”

Between 2017 and 2018, 142 people were arrested for trespassing at five Portland hospitals and a psychiatric emergency department, and 109 of them were seeking or being discharged from care, according to a new report from Disability Rights Oregon. The authors urge hospitals to create better discharge plans for patients, and seek funding for diversion programs for people with mental illness. Officials from Legacy and OHSU defended their practices, but Providence Medical Group’s chief executive of behavioral health said they had “significantly reviewed and revised [their] processes and procedures” based on the report.

“It’s tough to go around without teeth.”

The Texas Department of Criminal Justice’s denture clinic delivered its first sets of 3D-printed teeth this week. A Houston Chronicle investigation last year revealed dentures were only being provided in cases of “medical necessity,” and chewing was not considered a necessity. The number of dentures distributed to incarcerated people had dropped sharply, going from 1,295 in 2004 to only 71 in 2016. After the investigation, corrections officials pledged to update policies, hire a denture specialist and start a denture clinic. Texas is now the first prison system to 3D-print dentures on-site, and can produce four sets of teeth per day at a cost of $60-70 each.

“Florida’s sentencing policy has not changed for decades despite research indicating it may not be providing the public safety benefits envisioned, and, in fact, its emphasis on punishment may be in conflict with best practices for recidivism reduction.”  

Florida’s Criminal Punishment Code contributes to sentencing disparities across the state and results in the overincarceration of low-level offenders, according to a new report by the Crime and Justice Institute. The authors recommend considering six policy changes, including shortening sentence lengths, creating a meaningful right of appeal for sentences that exceed specified ranges, and implementing post-release supervision for some defendants. Previous reports by the Crime and Justice Institute focused on Florida’s persistently high prison population, and data-driven recommendations to improve the state’s justice system.

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.

 

Occupational Licensing Reform in Pennsylvania, and the news in criminal justice this week

“Blanket prohibitions without considering the circumstances don’t just do the applicant a disservice, but our entire commonwealth in need of a talented workforce.”

bipartisan group of Pennsylvania lawmakers introduced legislation this week to reform the state’s occupational licensing requirements. Senate Bill 637 is sponsored by Senators John DiSanto, R-Dauphin, Judy Schwank, D-Berks, and Lisa Baker, R-Dallas, and the companion legislation, House Bill 1477, is sponsored by Representatives Jordan Harris, D-Philadelphia, and Sheryl Delozier, R-Cumberland. Both bills would prohibit state boards, commissions or departments from denying or revoking a license based on unrelated criminal convictions, ensure that licensure boards apply fair and consistent approaches, and provide individuals with preliminary rulings about barriers to licensure before they pursue training programs.

“The full impact of H.B. 239 will take years to materialize as new policies and practices are phased in across the state. Still, in the initial years after the launch of system improvements, early signs indicate progress.”

An issue brief from the Pew Charitable Trusts found that Utah’s Juvenile Justice Reforms have already produced positive outcomes, including a 23% decline in youth entering the juvenile justice system between fiscal years 2016 and 2018. In that same time period, court referrals that lead to nonjudicial adjustments reached 55% of all referrals, an increase of 224%. Detention admissions declined by 44%, allowing the Juvenile Justice Services to close units at the Salt Lake Valley Detention Center and Slate Canyon Youth Center.

“If one was going to design and implement a college program based on the two-years-inside/two-years-outside model, what went well and what might be done differently?”

Researchers from the RAND Corporation examined North Carolina’s Pathways from Prison to Postsecondary Education Project and made a series of recommendations to states looking to implement postsecondary education programs for people who are incarcerated. Suggestions include increasing the range of degree programs, allowing post-release participants to attend college part-time, funding full-time navigators and administrators, and ensuring long-term financing to sustain the program. The North Carolina Department of Public Safety has continued to fund elements of the Pathways program after the demonstration project funding ended, and has added education to housing, employment and transportation as the pillars of reentry.

“They’re saying well, this is a brewing constitutional crisis. No. It already is one. It’s been one for a long time.”

Wisconsin pays just $40 an hour to private attorneys providing indigent defense, the lowest rate in the country, creating significant delays in appointing counsel. In Marathon County, it took an average of 80 phone calls and 17 days to find a willing attorney. In the case of Trequelle Vann-Marcouex, an 18-year-old who committed suicide after a preliminary hearing at which he went unrepresented by counsel, the state public defender’s office made more than 300 calls before they found an attorney who would take his case. A 2011 ruling from the state Supreme Court cautioned that the funding crisis “could compromise the integrity of our justice system,” but funding has not significantly increased in the ensuing eight years.

“…The conclusion was in the end that it really is a good investment to administer these programs, and Project MORE is doing a great job for the county, and we’re seeing really good results.”

An audit from the Dutchess County Comptroller showed that the county’s partnership with Project Model Offender Reintegration Experience, Inc. (“Project MORE”) has delivered a good return on investment. Program costs per participant ranged from $6.84 to $46.04 per day, compared with the average cost of $210 per day for people incarcerated at the county jail. In addition to continuing Project MORE funding, Comptroller Robin Lois recommended evaluating the possible expansion of gender-specific programming at the Women’s Center.

A New Bipartisan Consensus, and the news in criminal justice this week

“There is a new bipartisan consensus on criminal justice, and it is that the old consensus was wrong.”  

The Brennan Center for Justice published Ending Mass Incarceration: Ideas from Today’s Leaders, featuring essays from presidential hopefuls Cory Booker, Julian Castro, Kirsten Gillibrand, Kamala Harris, Amy Klobuchar, Beto O’Rourke, Bernie Sanders and Elizabeth Warren, as well as Justice Action Network’s Holly Harris, NAACP’s Derrick Johnson, #cut50’s Van Jones, and Trump advisor Jared Kushner. The report is a follow-up from 2015’s Solutions: American Leaders Speak Out on Criminal Justice. “Four years later, I think it’s a very different landscape,” noted Brennan Center’s Inimai Chettiar, “..they are not only committing to ending mass incarceration but also coming forward with far bigger proposals and more specific proposals.”

“Being a drug addict should not be a crime in the State of Ohio. Period.”

The Ohio Senate Judiciary Committee heard testimony this week on Senate Bill 3, which would reduce penalties for some low-level, non-violent offenses, particularly drug possession offenses. The bill’s sponsors, Senators John Eklund (R-Munson Township) and Sean O’Brien (D-Bazetta), said current Ohio law too often “mandates ever-increasing prison terms for people who need treatment much more than they need punishment.” New polling from Public Opinion Strategies and the Justice Action Network showed that Ohio voters overwhelmingly support sentencing reform and second-chance policies.

“By utilizing MAT and improving access to this lifesaving treatment, communities and correctional agents can reduce the risk of overdose and death post-release.”

An estimated 58% of state prisoners and 63% of sentenced jail inmates have substance abuse disorders, and states are using more data-driven approaches to addressing their needs during incarceration and in the reentry period. Kentucky increased funding for naltrexone and substance abuse disorder programs in 2015 that provided structured environments, mentorship offerings and a sense of community. Pennsylvania’s Nonnarcotic Medication Assisted Substance Abuse Treatment Grant Pilot Program funded prison-based social workers and provided naltrexone to inmates upon release. And in Ohio, State Targeted Response funds were used to expand the number of doctors with buprenorphine waivers. 

“Most counties collect so little from the fees they do not even track what they bring in…”

Last year, Los Angeles County spent $3.9 million on collections and brought in $3.4 million in adult probation fees, losing $500,000 and only collecting fees on 4% of active probation cases. The cost of collections and the economic impact on returning citizens led San Francisco to eliminate all local justice system fees and write off $32 million in debt owed by 21,000 people.  State Senator Holly Mitchell introduced the Families Over Fees Act, which would eliminate administrative fees for people in the criminal justice system and “remove economic shackles on people who’ve already paid their debt to society.” 

“These people are our neighbors…It’s to all of our benefit to make sure that when they are released they are better prepared to be productive citizens.”

Rutherford County Correctional Work Center, partnered with local businesses to provide training in mechatronics, a mix of mechanical engineering and electronics. The center serves more than 180 incarcerated people, and works with outside employers on work release programs. As part of a request for $100,000 in additional funding, Superintendent William Cope predicted a reduction in the current recidivism rate of 32% for those released in the county.