Kentucky

The Next Step Act in Ohio, and the news in criminal justice this week

“Our broken system failed Alex, and countless other Ohioans, but we can start to make it right with Senate Bill 3.”

In the Cleveland Plain Dealer, Ohio State Senators John Eklund (R-Munson) and Sean O’Brien (D-Bazetta) urged their fellow legislators to support Senate Bill 3, which would make some simple drug possession charges a misdemeanor, rather than a felony. The “Next Step Act” follows the federal First Step in embracing “bipartisan, commonsense, data-driven reforms.” Eklund and O’Brien cited polling from the Justice Action Network showing 87% of Ohio voters supported sentencing reforms for low-level nonviolent offenders.

“The same crime in two different counties can have very different results when it comes to your freedom, if you’re given financial bail, if you’re held pretrial—even sentencing.”

A new study from the Kentucky Center for Economic Policy found vast disparities between counties in pretrial release and financial conditions of bail. Their reportanalyzed 217,273 cases from 2018. Stark differences applied in financial bail—individuals were released without financial conditions in 68% of cases in Martin County and only 5% of cases in McCracken County. And the affordability of set bail amounts varied widely across the state: in Hopkins County, 99% of those offered cash bail were able to pay it, while only 17% were able to pay in Wolfe County.

“New data about the effects of the Frist Step Act…is showing that past injustices can be corrected, even in the most politically polarized of times.”

According to data from the U.S. Sentencing Commission, more than 1,000 people have received sentence reductions as a result of the First Step Act. The average sentence reduction has been 73 months and more than 91% of those whose sentences were reduced were African American. The New York Times editorial board lauded the releases, and encouraged President Trump to fill vacancies at the Sentencing Commission to ensure proper application of elements of the First Step Act, including compassionate release.

“Simply put, increased forfeiture funds had no meaningful effect on crime fighting. However, forfeiture was strongly linked to worsening economic conditions.”

The Institute for Justice examined more than ten years of data from the Department of Justice’s equitable sharing program to determine whether asset forfeiture helped fight crime. They found that equitable sharing funds did not increase the number of crimes solved, and did not reduce drug use. Instead, they found greater use of forfeiture when departments are under fiscal stress—when unemployment increased by 1%, equitable sharing seizures increased 9%.

“I’m not trying to justify anything. But there is more than one way to pay for a crime, and I have overpaid for mine.”

Legislators in Maine are debating a bill that would allow courts to reduce juvenile restitution based on financial circumstances or allow some of the debt to be paid off with community service. While many states have moved to reduce or eliminate juvenile fines and fees, only six states (Arkansas, Maryland, Missouri, New York, North Carolina, Wisconsin) and the District of Columbia place a limit on juvenile restitution obligations. These debts are not consistently collected—Connecticut recovered 87% of the amount owed, while Mississippi recovered only 28%. 

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.

Federal Clean Slate Legislation, and the news in criminal justice this week

“The Clean Slate Act would ensure that people who pay their debt to society and stay on the straight and narrow can earn a second shot at a better life.”

Representatives Lisa Blunt Rochester (D-DE) and Guy Reschenthaler (R-PA) introduced the Clean Slate Act this week, which would automatically seal the federal records of people convicted of drug possession or any nonviolent offense involving marijuana. The bipartisan bill has been endorsed by the Center for American Progress (CAP) and FreedomWorks. CAP’s Rebecca Vallas said the Clean Slate Act “would help people get back to work, lift families out of poverty and interrupt the cycle of economic instability and recidivism trapping countless individuals and families in the justice system today.”  Expungement also gained steam in Wisconsin: Assembly Bill 33, the “Pathways to Employment” legislation, advanced through House and Senate committees and is expected to be scheduled for floor votes in both chambers in May.

“There is more work to be done, but this is a great sign that we are on the right path.”

New numbers from the Bureau of Justice Statistics showed a continued decline in prison populations, down to 1.49 million from a peak in 2009 of 1.62 million. Five states—New York, New Jersey, Alaska, Connecticut and Vermont—have reduced their prison population by at least 30% in the past twenty years. Not all states have seen declines—Kentucky’s state inmate population increased by 2.3% between 2016 and 2017, and Utah saw an increase of 4.3% in that time frame.

“If our policies make a second chance harder, especially in a way that is disproportional by economic status, they need to change.”

Starting this month, New York and Pennsylvania will no longer automatically suspend driver’s licenses for people convicted of drug crimes. Pennsylvania suspended nearly 20,000 licenses each year for non-driving offenses, and between 2009 and 2015, New York suspended nearly 180,000 licenses for drug crimes unrelated to driving. In their resolution opposing federal license suspension requirements, New York legislatures said the policy imposed “an undue barrier in the ability of individuals convicted of such crimes to find and maintain employment and take part in the activities of daily living.”

“This is the first step of turning the Department of Warehousing back into the Department of Corrections.”

State economists estimated this week that the Florida First Step Act, sponsored by Senator Jeff Brandes (R-St. Petersburg), could result in $860.4 million in savings in its first five years. The most significant cost savings would come from a decrease in mandatory time-served threshold from 85% to 65% of sentences for certain first-time, non-violent offenses. Crime in Florida is at a 55-year low, but the state’s prison population is at an all-time high of 96,000 people, and costs $2.4 billion per year.

“If people don’t have stable housing when they get out, they’re much more likely to go back. Housing is the key to understanding the recidivism puzzle.”

Atlanta’s Metro Reentry Facility is believed to be the first transitional state prison for those slated for release within 18 months. To date, 350 men have been enrolled in the program, which provides intensive counseling, vocational training and housing support. Officials from the Georgia Department of Corrections also work with soon-to-be-released people to reconnect with family members, find housing, get a driver’s license and open a bank account.

Reentry Court in Oregon, and the news in criminal justice this week

“Right now, these guys are not gaining the tools or assistance that allows them to be successful. Reentry Court takes a holistic approach to those barriers.”

In Oregon, Lane County’s Reentry Court provides people returning from federal prison with support to achieve sobriety, gain employment, and develop coping and problem-solving skills. Those who complete the 12-month program without a violation receive a one-year reduction of their probation term. Reentry team members seek to address the main barriers to successful transition from prison: substance abuse, mental health issues, inadequate housing, and a lack of peer support and guided programming. The revocation rate for participants is 26% lower than the rest of the state’s supervised release programs.

“The benefits of Clean Slate are clear: lower crime rates, taxpayer money saved as a result of reduced incarceration, and a stronger economy that allows more qualified job seekers to participate.”

Writing in the Hartford Courant, Right on Crime’s Marc Levin and the Center for American Progress’s Rebecca Vallas urged Connecticut lawmakers to pass the Clean Slate Act pending in the legislature. The Clean Slate Act would provide for the automatic expungement of criminal records for those who have completed their sentence and remained crime free for five years after a non-violent felony, or three years after a misdemeanor. Clean Slate laws have gained traction across the country—Pennsylvania and Utah both passed automatic expungement laws, and Kentucky and New Mexico expanded opportunities for expungement this year.

“It should be more open. It shouldn’t be so closed that we don’t know what their decisions are based on.”

The Ohio Parole Board is under scrutiny from a wide array of critics, including crime victims, incarcerated people, lawyers and lawmakers. Much of the criticism focuses on a lack of transparency: hearings are not open to the public, records are kept secret, and board debate and votes are conducted behind closed doors. Department of Rehabilitation and Correction Director Annette Chambers-Smith expressed confidence in the current board, but said she planned to appoint four new members with more diverse backgrounds, ask outside experts to recommend reforms, and look for ways they can be more transparent.

“The city has a reputation as liberal, but these data evidence quite authoritarian policing practices compared to other large Texas jurisdictions.”

Researcher Scott Henson analyzed data from 4.6 million traffic stops conducted across 38 of the largest jurisdictions in Texas, found wide disparities in the use of force and arrests for minor misdemeanors, and identified the Austin Police Department as “among the worst in each category.” Police in Austin were more likely to use injury-causing force against drivers than any other large jurisdiction—four times more often than state troopers and twenty times the rate of the San Antonio Police Department. Austin was also in the top ten for arresting drivers for Class C misdemeanor charges, and in the top five on arrests for outstanding warrants.

“To have to be shackled with chains around their ankles, wrists and waist, even when they’re in the delivery room—it’s humiliating.”

Georgia House Bill 345, which would ban the shackling of pregnant women in jails and prisons, and prohibit placing them in solitary confinement during their postpartum recovery, was approved in the Senate by a vote of 52-1. The legislation would also mandate that vaginal exams of pregnant incarcerated women be conducted by licensed medical professionals. A similar version of the bill was approved by the House earlier this year. Legislators have until Tuesday, when the General Assembly adjourns, to iron out differences between the two versions.

Broad Support for Justice Reform in Tennessee, and the news in criminal justice this week

“There is incredible support with very little opposition.”

According to new polling from the Justice Action Network, the ACLU of Tennessee and Right on Crime, 69% of Tennesseans believe the state’s criminal justice system “needs significant improvements,” 90% favored reducing prison time for nonviolent offenders and 89% favored getting rid of mandatory minimum sentences. Support for the reforms was strong across demographic and partisan categories. The promising poll numbers came just as Governor Bill Lee unveiled his criminal justice agenda, including eliminating the state’s $180 expungement fee, broadening  educational programming for incarcerated people, and expanding recovery courts.

“This investment offers a path to self-sufficiency for impacted people and a rightful level of dignity in society.”

The Coalition for Public Safety announced a partnership with Covington, Kentucky’s Life Learning Center (LLC) and Kenton County’s Commonwealth’s Attorney Rob Sanders at an event on Thursday. As part of a new diversion program, prosecutors will identify at-risk defendants, and the LLC will provide recidivism-reduction programming and access to social services, and help participants find employment or enroll in continuing education. Upon completion of the LLC’s 12-week curriculum, individuals will be eligible for reduced or even dismissed charges. Senator Rand Paul and Kelley Paul were on-hand for the event, along with FAMM justice reform fellow Matthew Charles.

“I believe that early and open discovery is just and fair, and I look forward to publicly endorsing a discovery reform bill and seeing it signed into law.”

Brooklyn District Attorney Eric Gonzalez called for reforms to New York’s discovery rules, calling the current system “trial by ambush.” Gonzalez noted that the Brooklyn District Attorney’s office has employed an “open file discovery” practice for years, while protecting the safety of victims and witnesses. In a departure from their previous stance, the District Attorney’s Association of the State of New York also endorsed changes to the system. “For the first time in the history of our organization,” said DAASNY President and Albany County DA David Soares, “we are openly calling on our lawmakers to take action and enact criminal justice reform.”

“There are people in every community who don’t need to be back out during the pendency of their cases. But the great majority of people do.”  

Judges in North Carolina’s Mecklenburg County have replaced monetary bail schedules with individualized assessments based on a defendant’s likelihood of fleeing, reoffending, or tampering with witnesses. In their announcement of the new policy, Senior Resident Superior Court Judge W. Robert Bell and Chief District Court Judge Regan Miller also said that they plan to review their bail policies on a biennial basis. Wake County District Attorney Lorrin Freeman told the Charlotte Observer she was studying the data and may change their bail policy, noting that “we certainly don’t want to be in the business of criminalizing poverty.”

“It’s an economic development tool for folks to get better jobs as well as public safety. Folks know that there’s a light at the end of the tunnel and won’t go back to criminal behavior.”

New Mexico House Bill 370, which allow people to petition a court to have their criminal records sealed from public view, is heading to the full Senate for consideration. Expungement would be available not just to those with criminal convictions, but also people who were wrongfully arrested, whose charges were dismissed, or who were acquitted at trial. Under the new law, judges, prosecutors and police would still have access to sealed records. HB 370 garnered broad, bipartisan support and passed in the house by a vote of 52-17.

Probation Reform in Pennsylvania, and the news in criminal justice this week

“It’ll save us money and it will provide a higher quality of justice to each and every Pennsylvanian.”

Democratic Senator Anthony Williams and Republican Senator Camera Bartolotta introduced legislation that would set a maximum term of probation of three years for misdemeanors and five years for felonies, as well as provide a system of graduated sanctions for technical violations. Pennsylvania spends nearly $200 million per year incarcerating people for probation violations. Bartolotta noted that 30 other states limit the length of probation sentences, and said the reform was needed “to ensure that minor probation violations do not result in new sentences not matching the crime.”

“We need as much transparency as possible when the government seizes someone’s property. It has to be done properly and for just cause.”

Following a multi-part investigation by the Greenville News, a bipartisan group of South Carolina legislators announced plans to introduce significant reforms to the state’s civil asset forfeiture law. Reporters analyzed more than 3,200 cases, involving more than 4,000 people, and showed police had seized more than $17 million in cash. Rep. Alan Clemmons (R-Horry), said the proposed changes would give South Carolina some of the strongest forfeiture laws in the country. The TAKEN series is available here.

“Thank you, Matthew. Welcome home.”

Matthew Charles, one of the first people released from prison as a result of the First Step Act, was a guest of President Trump at the State of the Union this week. President Trump cited the First Step Act as an example of bipartisan cooperation, saying “when we are united, we can make astonishing strides for our country.” Edward Douglas, who was also released as a result of the First Step Act, attended as a guest of Senator Cory Booker.

“These numbers confirm there is strong consensus behind…transitioning the system to focus on the offense and offender, rather than on their financial means.”

New polling from the Kentucky Chamber of Commerce shows widespread support for reforming the Commonwealth’s bail system. Overall, 76% of those surveyed supported the elimination of cash bail for people charged with non-violent, non-sexual crimes. Support for the change is consistently high across the state, ranging from 70% in Western Kentucky to 79% in the Louisville metro area. According to previous analysis from the Pegasus Institute, in 2016. there were more than 64,000 Kentuckians accused on non-violent, non-sexual offenses detained because they could not afford their bail.

“I’m certainly not going to send someone to jail at that point because I realize that just putting someone in jail is not going to help someone with an addiction problem.”

For six hours on Wednesdays, Ohio’s Franklin County Courthouse is the site of a medically assisted treatment clinic. Judge Eileen Paley said the majority of cases she sees are tied to addiction, and that having a clinic inside the building helps connect people to treatment. In addition to providing relapse prevention drugs, Franklin County officials help people access social services, visit behavioral health counselors and check in with probation officers.

Kentucky led the way on the First Step Act, and the news in criminal justice this week

 “While Democratic and Republican senators pressured him to bring up the legislation in Washington, he listened to friends in Kentucky who adopted a strategy of flooding him with information, but not pressuring too obviously or too hard.” 
 
A behind-the-scenes look at The First Step Act’s path to passage highlighted the effectiveness of a serious, sustained, and local effort to persuade Majority Leader Mitch McConnell to give the bill a vote in the Senate. Proponents, including Senator Rand Paul, Representative John Yarmuth, State Senator Julie Raque Adams, and Louisville Urban League President Sadiqa Reynolds helped make the case for data-driven reforms with a record of success at the state level. As the Justice Action Network’s Holly Harris noted, “ultimately the voices that are going to matter to him most are the ones back at home.”   
 
“All you have to do is consult the numbers…New Jersey’s crime rates have plummeted across the board.”
 
New Jersey eliminated most cash bail in January 2017, despite predictions from opponents that crime would increase and communities would be less safe. Since then, violent crime rates have dropped more than 30%, with 32% fewer homicides, 37% fewer robberies, and 30% fewer burglaries. The state’s pretrial jail population has decreased nearly 40% over the past two years. After reviewing the data, the New Jersey Star Ledger editorial board said the reforms had “transformed our state into a model of justice reform for the entire nation.”
 
“There are other options, such as industry accreditation or simpler registries, that could offer an appropriate level of oversight without creating obstacles for workers attempting to enter the field.”
 
According to data from the Institute for Justice, Oklahoma licenses 41 lower-income professions, requiring an average of $234 in fees, two exams, and 399 days of education and experience. This week, a bipartisan coalition of state leaders recommended several changes to Oklahoma’s occupational licensing requirements, including expanding the list of boards that are banned from prohibiting the licensing of people with felony convictions unless their crimes were substantially related to the industry, and narrowing the scope of government licensure to work. The alarm and locksmith board, for example, currently requires that all salespeople, managers and security system technicians be licensed. The board recommended that managers and salespeople, who do not have access to peoples’ homes and valuables, should not be required to be licensed. 
 
“So what are we proudest of? Working together to develop outcomes that are far better for the broader society and far better for the individual as well.”

At the final meeting of his criminal justice reform commission, Connecticut Governor Dannel Malloy and Under Secretary for Criminal Justice Policy and Planning Mike Lawlor pointed to their successes—including overall reductions in violent crime, arrests and prison populations—but noted that there was much more work to be done. Governor-Elect Ned Lamont has pledged to continue the state’s justice reforms, and announced this week that he would appoint Rollin Cook, the former executive director of the Utah Department of Corrections, to serve as corrections commissioner.  
 
“Instead of just taking (juvenile offenders) to the jail, you take them to the center, they get an assessment and find out what that child needs…”
 
Davenport Mayor Frank Klipsch suggested several steps to reduce youth violence and involvement in the justice system, including better information sharing, easier connections with social services, and the establishment of an assessment center for youth who have come in contact with law enforcement. The recommendations come from a community-wide study that included input from law enforcement leaders, juvenile justice experts and social service providers. “A cycle of punitive accountability without any intervention is just a cycle of incarceration, release, re-offense,” said juvenile court officer Scott Hobart. “We’ve got to intervene.”

 

The First Step Act is signed into law, and the news in criminal justice this week

“We’re giving a first step to many who have not had that in the past. The first step will get us to many others.”

The First Step Act was signed into law this week. Years in the making, this bill is the most comprehensive criminal justice reform ever passed by both chambers of the U.S. Congress. The First Step Act received overwhelming support in both houses of congress, passing the Senate by a vote of 87-12 and the House by a vote of 358-36. This landmark legislation was championed by the bipartisan partnerships of Congressmen Doug Collins (R-GA) and Hakeem Jeffries (D-NY) and Senators Chuck Grassley (R-IA) and Dick Durbin (D-IL), and received support from groups across the political spectrum.

“The path to sobriety and stability is often crooked, and case managers have to be willing to follow its many turns.”

In New Orleans, officials with the Law Enforcement Assisted Diversion (LEAD)program work to divert people who are frequently arrested to social workers instead of jail. The program currently has 20 enrollees who receive assistance in finding housing, health care and food stamps. Only misdemeanor offenses are eligible, individuals who are physically combative with officers cannot enroll in the program, and a victim can insist on charges even if officials recommend diversion. The model program in Seattle costs an average of $10,787 per year, but researchers found costs were partially offset by fewer jail stays and court appearances. The Vera Institute, which began working with the city to design the program in 2015, will collect statistics to evaluate the program’s results in New Orleans.

“It’s time we take the next step to seek a safer and more just system. It’s time to eliminate our wealth-based pretrial detention policy in favor of non-monetary release conditions.”

Dave Adkisson, president and CEO of the Kentucky Chamber of Commerce, and Jason Bailey, executive director of the Kentucky Center for Economic Policy, co-authored an op-ed for the Lexington Herald Leader pushing for significant bail reform in the commonwealth. Adkisson and Bailey pointed to a study showing that 64,123 non-violent, non-sexual defendants were detained in 2016, with an average stay of 109 days. They also cited a state panel report that showed defendants at similar risk levels were just as likely to appear in court and refrain from new criminal activity whether they were released on unsecured or secured bail.

“This approach will help us identify tailored solutions that address New Mexico’s distinct challenges and maximize the impact of every dollar we spend.”

New Mexico’s Justice Reinvestment Working Group met this week, working on a data-driven approach to identify and address issues in the state’s justice system. Amid more recent declines, as of 2017, New Mexico had the highest rates of property crime and violent crime in the country, and its violent crime rate was at a 10-year high for the state. Officials are working with the Council of State Governments to enact a Justice Reinvestment Initiative, a program that has led to policies in 30 other states that collectively have saved or avoided costs of more than $1.1 billion.

“All of the people coming in have injuries. The job of the court is to screen, assess and refer. Because we’re never going to get a behavior change if we don’t address what’s bringing them in.”

In 2011, officials in San Joaquin County were in the midst of a financial crisis, dealing with a spike in the homicide rate, and concerned that state prison-population reduction measures would result in increased crime. They established programs to provide mental health and addiction treatment, set up collaborative courts, adopted pretrial risk assessments, and implemented programs to build community trust in law enforcement and mentor and incentivize young people who are considered likely to be involved in gun-related crimes.  Since then, crime in San Joaquin Country dropped 20 percent, to a decades-old low, and there are empty beds in the jail that had been considered dangerously overcrowded. Representatives from around the state have come to San Joaquin County to study their programs in an attempt to emulate them statewide.

An Inventory of Collateral Consequences, and the news in criminal justice this week

“…There are more than 40,000 provisions in state and federal law that stand in their way right out of the gate. The first step to making meaningful change is understanding these barriers.”

The National Inventory of Collateral Consequences of Conviction, launched this week by the National Reentry Resource Center and the Council of State Governments Justice Center and supported by a grant from the U.S. Department of Justice’s Bureau of Justice Assistance, is a searchable database that identifies barriers to reentry. Collateral consequences can include restricted access to education and housing, limits on occupational licenses, and the restriction of political participation. The NICCC, which allows individuals to search based on keywords, jurisdictions and consequence type, will also provide news and resources related to reentry.

“Wealthy people can pay these fees and vote immediately, while poor people could spend the rest of their lives in a cycle of debt that denies them the ability to cast a ballot."

In seven states—Arkansas, Arizona, Alabama, Connecticut, Kentucky, Tennessee and Florida—people with unpaid court fines and fees are prohibited from voting. Other states require that all conditions of probation and parole, including the payment of debt, are completed prior to the restoration of voting rights. Individuals can be charged the for the use of a public defender, room and board while incarcerated, and conditions of probation and parole supervision, and the National Criminal Justice Reference Service found that nearly 10 million people owed more than $50 billion from contact with the criminal justice system.


“You’re seeing these people who have had a long history of not being able to complete probation have a successful recovery.”

In Louisiana’s St. Tammany Parish, the behavioral health court provides support and alternatives to incarceration for people with mental illness who are on probation. The National Alliance on Mental Illness estimates that nearly 2 million people with mental illness enter U.S. jails each year. In the 18-month program, officials praise and reward compliance with conditions of release, and help individuals get to appointments and stay on prescribed medication. District Judge Peter Garcia, pushes for treatment rather than court sanctions, and says he’s “there to look out for families and individuals with mental illness…and give suggestions and viable options.”

“The findings show the problem with forfeiture, in that law enforcement has an incentive to focus on crime that pays.”

An investigation spurred by the Gwinnett County, Georgia Sheriff’s purchase of a 707-horsepower muscle car found nearly $100,000 in misused forfeiture funds, and additional expenditures are under review. Auditors have determined that the Sheriff Butch Conway’s purchase of the Dodge Charger Hellcat and a $25,000 donation to a faith-based nonprofit were improper uses of forfeiture funds. The purchase of a $175,000 bus, $16,150 spent on leadership seminars, and $7,758 spent on rifles later given to the Georgia State Patrol are still being evaluated. Gwinnett County’s federal forfeiture accounts held more than $827,000 in 2017, the result of participation in joint investigations with the DEA, FBI and ICE.

“We believe that we have the city’s next leaders in this room. They’re not felons, they’re fellows.”

At Minneapolis’ All Square restaurant, every employee has a criminal record. While working at the U.S. Department of Housing and Urban Development, owner Emily Turner was frustrated by the obstacles faced by formerly incarcerated people, which she calls “one of the biggest civil rights issues of [her] generation.” Turner and the restaurant’s board created a 13-month fellowship program to help returning citizens and people with criminal records study marketing and finance, connect with mental health caseworkers, and get help with transportation and financial planning. Fellows start at $14 per hour, and are paid for 10 hours of structured coursework per week.

Bipartisan Leadership on Reform, and the news in criminal justice this week

“Kentucky has been a model for bipartisan state-level reforms. Now we have the chance to take the lead at the federal level, too.”

Former Attorney General Michael Mukasey, Fox News contributor and former Congressman Jason Chaffetz, former U.S. Attorney Brett Tolman and Louisville Urban League President and CEO Sadiqa Reynolds urged action on bipartisan criminal justice reform at a symposium at the University of Louisville’s Brandeis School of Law. Mukasey said law enforcement was open to changing the current system, telling the crowd “if the criminal justice system is supposed to have any kind of transformative effect, it ain’t working.” In advance of Wednesday’s event, American Constitution Society chapter president David Woolums and Federalist Society chapter president Shannon Marie Keene co-authored an op-ed calling for bipartisan leadership on criminal justice reform.

“What we’ll do after the election is take a whip count and if there are more than 60 senators who want to go forward on that bill, we’ll find time to address it.”

Senate Majority Leader Mitch McConnell committed this week to taking a whip count on the FIRST STEP Act during the lame duck session, saying he would schedule a vote if there is sufficient support. President Trump reaffirmed his support for criminal justice reform, and said Attorney General Jeff Sessions does not represent the administration on criminal justice reform. “I make the decision,” Trump told Fox and Friends, “he doesn’t.”

“We understand that officer safety must be considered in any actions the state takes. But, we believe that can be accomplished without the debilitating use of solitary confinement.”

Isaiah Trinity Cabrales committed suicide after being held in solitary confinement for seven months at the Penitentiary of New Mexico. He was told he wouldn’t be allowed phone calls, visitors or trips to the commissary until May 2019, two years after he started serving his sentence. Reforms to the state’s solitary confinement system failed in the legislature in 2015, and were vetoed by Governor Susana Martinez in 2017. In response to the investigation of Cabrales’ death, the editorial board of the Las Cruces Sun News called for reform to the state’s “widespread use” of solitary confinement.

“The important thing is that all came together to pass good policy reform. At least in the area of criminal justice reform, Washington, D.C. could learn a big lesson from Michigan.”

In the Detroit News, the Mackinac Center’s Jarret Skorup pointed to Michigan’s bipartisan consensus on criminal justice as a model for national reform. Groups from across the political spectrum have worked together to improve the state’s bail system, raise the age at which juveniles are tried as adults, address overcriminalization, reform civil asset forfeiture, and increase access to expungements. Earlier this month, a package of bills to reform the state’s occupational licensing was passed with nearly unanimous support in the House and awaits action in the Senate. If passed, the legislation would target the “good moral character” provision of licensing laws, and allow people with criminal records to pursue the nearly 200 professions that are licensed by the state.

“If an individual has stayed out of the criminal justice system, then why should they continue to have that stain forever?”

Twenty states have created or expanded record-sealing programs, some with the full-throated support of prosecutors, since the beginning of 2017, and many are looking at Indiana’s Second Chance law as a model. The law, signed by then-Governor Mike Pence in 2013, created an expungement review process in which the seriousness of the offense and the outcome of the case determine the waiting period and form of record-sealing. Victims of crime are also given an opportunity to be heard before any relief is granted. Marion County prosecutor Terry Curry is an enthusiastic supporter, telling The New York Times “it’s just a matter of trying to remove obstacles that would make it more difficult for someone to become a productive member of the community.”