New York

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.

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.

The Supreme Court Rules on Asset Forfeiture, and the news in criminal justice this week

“For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties.”

 In a unanimous ruling announced Wednesday, the Supreme Court held that the Eighth Amendment’s prohibition of excessive fines applies to state governments. The ruling came in the case of Tyson Timbs, whose $42,000 Land Rover was seized by the state Indiana in connection to a crime that carried a maximum fine of $10,000. While the court ruled that the excessive fines clause was incorporated to local and state governments, the ruling was narrow and did not take a position on the seizure of Timbs’ vehicle, or address concerns about the use of forfeited funds by law enforcement agencies.

“…With bipartisan support and increased momentum to adopt criminal justice reforms, the 2019 Legislature should act to bring more fairness and effectiveness to Minnesota’s probation system.”

New polling from the Justice Action Network showed that 82% of Minnesotans supported standardizing probation guidelines, and 61% favored a five-year cap on felony probation. The Star Tribune editorial board cited the polling in an editorial in favor of recently-introduced probation reforms, as well as measures to encourage alternatives to incarceration. In addition to support for changes to the probation system, the poll showed that 74% of respondents said they would be more likely to vote for a county prosecutor who backed the reforms.  

“Oklahoma’s occupational licensing laws have grown beyond that is necessary to ensure the safety of our communities.”

In an op-ed in The Oklahoman, Faith and Freedom Coalition’s Tim Head, the American Conservative Union Foundation’s David Safavian and FreedomWorks’ Jason Pye urged lawmakers to reduce barriers to employment for people with criminal records. More than 40 lower-income occupations require a license in Oklahoma and, on average, the license costs $234 in fees and requires 399 days of education. Legislators are currently considering House Bills 1373 and 2134, which would reform the state’s occupation licensing laws. 

“…Open and transparent discovery promotes the interests of the criminal justice community, from the prosecutors and police to the accused.”

 New Yorkers United for Justice released a new ad aimed at educating people on the need for discovery reform. The ad features Michael Morton, whose wrongful conviction helped spur Texas to change its discovery process to prevent prosecutors from withholding evidence. New York’s current law allows prosecutors to restrict access to information, including police reports, witness statements and grand jury testimony until just before a trial begins. Governor Cuomo’s budget proposal included language backing the expansion of pretrial file-sharing.

“We can take a cue from policymakers in states around the country, as well as those in the federal government, who have shown that rethinking mandatory minimum policies can result in reductions in both crime and prison populations.”

A study from the James Madison Institute examines how Florida’s mandatory minimum sentencing laws, which were designed to target traffickers, have ensnared low-level dealers. Trafficking thresholds include the weight of non-controlled substances included in prescription pills, and create wide disparities in the length of mandatory sentences: a fifteen-year minimum sentence is mandated for possession of the equivalent of 9,066,667 marijuana joints, 1,607,143 lines of cocaine, or 22 hydrocodone pills. According to the report, Florida spends more than $100 million annually to incarcerate drug offenders who are serving mandatory minimum sentences.

Nashville's Crisis Treatment Center, and the news in criminal justice this week

“Tennessee caregivers, law enforcement officers and state officials have come to agree—when it comes to mental illness, incarceration is not always the best option.”

Nashville’s new Crisis Treatment Center includes a stabilization unit, a walk-in center, and the headquarters for Davidson County’s mobile crisis response team. Funding for the center came from a $2.6 million grant from the state’s Department of Mental Health and Substance Abuse Services, $427,537 from the city of Nashville, and $900,000 from the Mental Health Cooperative. The Crisis Treatment Center will provide 24-hour services and treat patients regardless of their insurance status.

“Lack of legal counsel is problematic not just as a matter of formal procedure, appearing without a defense attorney holds real and serious consequences for children in court.”

A joint report by Voices for Utah Children and the University of Utah School of Law released this week shows that many children, particularly in rural areas, do not have access to counsel while navigating the state’s juvenile justice system. The report found that 29% of young people did not have an attorney present in the 200 hearings researchers observed last year. Senator Todd Weiler and Representative Mike McKell have sponsored legislation that would assign a public defender for each minor defendant, even in misdemeanor cases. Only Delaware, North Carolina and Pennsylvania currently automatically appoint public defenders for juveniles.

“…Although arrest volumes have dropped by more than 25 percent since 2006, an arrest is made every three seconds. Fewer than 5 percent of these are for serious violent crimes.”  

Arrest Trends, a new data platform from the Vera Institute of Justice, allows users to access, customize and analyze publicly available policing data. Users can examine trends in arrests, demographics, clearance rates, and victimizations, and see how they vary by time, location and offense type. The platform also points to the need for better data collection—in 2016, nearly a third of all police agencies in the United States did not report any of their arrest data to the FBI.  

“Treating this as a structured opportunity to provide people connections to the services in the community that they need in order to be successful is much better than a law enforcement-focused model.”

Since 2016, more than 11,000 people have entered New York City’s supervised release program. Participants are required to meet regularly with case managers who can help connect them with social services and assist them in making their court appearances. In the first three years, 89% of defendants made all of their court appearances, and only 8% were rearrested for a felony while completing the program.

“Addiction is a medical problem. We just need to change the paradigm in New Mexico.”

Senate Bill 408, introduced by Senator Jacob Candelaria and Representative Andrea Romero, would reduce the penalty for possession of any illegal drug from a felony to a misdemeanor. Under the new proposal, those convicted of misdemeanor drug possession would be subject to a fine between $500 and $1,000 and imprisonment of less than one year. Since 2014, five states, including Utah and Oklahoma, have reclassified simple drug possession from felonies to misdemeanors.

Restorative Justice for Veterans, and the news in criminal justice this week

“I’ve been able to continue to be a husband to my wife and father to my children. If it wasn’t for these intervention options, I know exactly where I’d be: I’d be in jail.” 

Minnesota’s Veterans Defense Project unveiled new legislation at a forum this week to create a restorative justice program for veterans across the state. The Veterans Restorative Justice Act would allow participants in the program enter a plea, but have charges dismissed after completion of the terms of their probation. Governor Tim Walz made a surprise appearance at the forum to endorse the legislation, telling attendees “I want to make it very clear that we stand 100 percent with you. The governor’s office is here to make sure this gets done.”   

“Research shows that if a person has stable housing, they are less likely to commit a new crime and end up behind bars.”

“Hope for Success: Returning Home,” a new report from Connecticut’s Commission on Equity and Opportunity Reentry Working Group, analyzed housing challenges for returning citizens and proposed both legislative and administrative remedies. The group found that stable housing would increase public safety, save money, and strengthen family reunification. Suggestions included reducing restrictions for public housing for those with criminal records, creating stronger coordination and data integration policies between corrections and housing authorities, and adopting Clean Slate legislation.

“Every day is hard, very hard. I wake up and I look around and I don’t understand why I am here.”

A lawsuit filed this week by the Legal Aid Society and Disability Rights New York alleges that incarcerated people with mental illness are being held for months past their release dates because of a lack of mental health-focused housing facilities. The state labels the men seeking class-action status in the lawsuit as ‘releasees,’ and claims that they are in residential treatment facilities, but the lawsuit says the men are still housed in prisons, held in cells, required to wear inmate uniforms, and “remain prisoners in every respect.” Governor Cuomo and state lawmakers have allocated funds to create 6,000 new units by 2021, but advocates say there is a need for tens of thousands of additional supportive housing units, and existing facilities are struggling to stay open.   

“Mississippians want to combat drug trafficking. But we also respect the property rights of innocent owners, and we expect our government to as well.”

In the Clarion-Ledger, Mississippi Justice Institute Director Aaron Rice argued against reauthorizing administrative forfeiture, which the legislature allowed to expire last year. While proponents claimed that forfeited assets were critical in combatting drug trafficking, a review of the state’s forfeiture database found trivial personal valuables, including an Apple watch, a power drill, and as little as $50 in cash. Earlier this week, representatives from conservative organizations including FreedomWorks, Right on Crime, and the American Conservative Union wrote to Governor Phil Bryant urging him to oppose the reinstatement of administrative forfeiture.

“In Wisconsin, mass supervision drives mass incarceration.”

Wisconsin’s parole supervision rate is 1.5 times higher than the national average, and according to analysis from the Columbia University Justice Lab, the state’s probation and parole systems are a significant driver of the state’s incarceration rate. Conditions of supervision are often vague, and the fees associated with electronic monitoring can add up to more than $700 per month. More than 36% of the state’s prison admissions in 2017 were people incarcerated for technical revocations. Researchers recommended closing the Milwaukee Secure Detention Facility, which houses people with parole and probation violations, and emphasizing community corrections.



Rights of incarcerated parents, and the news in criminal justice this week

“The right to your children is the most fundamental one you have, but we strip it from incarcerated parents so casually.”

Since 2006, at least 32,000 incarcerated parents have had their children permanently taken from them without being accused of physical or sexual abuse. In 5,000 of those cases, parental rights appear to have been stripped because of imprisonment alone. The Adoption and Safe Families Act, passed in 1997, required federally funded child welfare programs to begin to terminate parental rights in most cases where children had been in foster care 15 of the previous 22 months. States that facilitated adoptions received more than $639 million in incentive payments. A small number of states, including New York, Washington and Illinois have passed legislation to protect the parental rights of incarcerated people, and Rep. Gwen Moore (D-WI) has indicated that she plans to introduce federal protections for parents who maintain a role in their kids’ lives.

“The reality is states have been doing this. It has been successful. It has been a bipartisan issue…this is the one issue that is bringing people together right now.”

Justice Action Network partnered with the Washington Post and the University of Virginia on Criminal Justice Reform: The Road Ahead, bringing together elected officials and advocates from around the country. Senators Dick Durbin and Chuck Grassley discussed the outlook for The First Step Act and committed to working across party lines to move forward. Pennsylvania Governor Tom Wolf, Representative Sheryl Delozier and Corrections Secretary John Wetzel discussed the commonwealth’s recent justice reforms, including this year’s Clean Slate bill. JAN’s Holly Harris talked with FreedomWorks’ Jason Pye and #cut50’s Jessica Jackson about justice reform’s bipartisan coalitions.  Additional panels featured Senator Mike Lee, Leadership Conference’s Vanita Gupta, FAMM’s Kevin Ring, and Brittany Barnett and Sharanda Jones of the Buried Alive project.

“We need politicians more concerned about the rising taxpayer and human cost of our growing prison system than about what will be printed on direct mailers during the next election cycle; and a public that places more value on reduced crime than increased convictions.”

Two new reports from the Iowa Department of Human Rights highlight the cost of the current justice system and areas that could be ripe for reform in the coming legislative session. The Correctional Policy Project’s Prison Population Forecastpredicts a more than 20% increase in the total prison population over the next ten years, going from the current 8,447 to 10,144. The state’s prisons, already at 116% of capacity, are projected to be at 139% of capacity if no policy changes are made. In its Legislative Recommendations to the General Assemblythe state’s Public Safety Advisory Board suggested changes to mandatory minimum sentencing requirements and the implementation of a results-driven approach to corrections and juvenile justice with a consistent cost analysis formula for evaluating programs. Additional recommendations included eliminating driving sanctions for the failure to pay fines and fees. The Iowa Legislature is widely expected to tackle many of these reforms during the 2019 session.

This signals we understand there is a better way to address issues of addiction and mental illness rather than incarceration.”

Oklahoma Governor Mary Fallin commuted the sentences of 21 people serving time for crimes that now carry no prison term or significantly reduced sentences. Collectively, the clemency recipients had been sentenced to 349 years in prison for drug possession or other nonviolent offenses. The push for commutation was driven by Oklahomans for Criminal Justice Reform, with assistance from groups including the Tulsa County Public Defender’s Office and students from the University of Tulsa School of Law.

“What we heard from employers in the nonprofit and government sectors who want to hire people who were involved in the justice system is that a lot of times, there’s a gap in technology skills.”

At John Jay College’s Prisoner Reentry Institute (PRI), returning citizens can catch up on technological developments they may have missed while they were incarcerated. Students in Tech 101 learn to set up Google accounts and use Microsoft Office suite, get an overview of digital privacy issues, and see how employers use social media when making hiring decisions. Elena Sigman, PRI’s director of collaborative learning, credits partnerships between educational institutions, the justice system, affiliated nonprofits and the city for Tech 101’s success, and hopes it will lead to replicas in other cities and counties.

Michigan bans the box, and the news in criminal justice this week

“I think it’s important to be a role model. If you’re going to advocate for others to do it, we should be doing it ourselves.”

Michigan Governor Rick Snyder announced that the Department of Licensing and Regulatory Affairs had removed all criminal history questions from licensing applications, unless required by federal or state law. He also signed an executive directive that prevents state departments from asking job seekers about their criminal history on their initial applications. Snyder said he hoped the new policies would spur private employers to hire people with criminal records. The Mackinac Center’s Jarret Skorup predicted the policies “will increase economic opportunity and enhance public safety by encouraging dignified work.”

“We believe that a cornerstone of the effort to reduce recidivism rests upon ensuring that, upon their release, inmates have the tools they need to succeed as self-sufficient and independent citizens…”

The Pennsylvania State Agency Financial Exchange, or PA $AFE, is a partnership of the Department of Corrections and Department of Banking and Securities to help provide returning citizens with financial education. The pilot program is designed to be scalable and sustainable and provide up-to-date, real-world training. In evaluating the program, Corrections Secretary John Wetzel and Banking and Securities Secretary Robin Wiessmann said they were tracking outcome measurements, including differences in recidivism rates, successful employment, and financial engagement, including opening a bank account or starting a business.

“It’s absolutely appropriate for state government to put restraints on other governments, so they can’t take life, liberty, or property away from folks.”

California Governor Jerry Brown signed legislation this week that prohibits cities from charging residents for their own prosecutions. In a series written last year, the Desert Sun found the cities of Indio and Coachella had charged residents thousands of dollars in prosecution fees,  often for minor infractions. Assemblymember Chad Mayes (R-Yucca Valley) called the practice “policing for profit,” and his cosponsor Eduardo Garcia (D-Coachella) said the fees imposed an undue burden on low-income residents.

“We lock up too many people for too long, and it’s about time that we change the dynamics. I apologize for that, I want to be on the front end for changing that.”

Former Wisconsin Governor Tommy Thompson apologized for his role in what he called the “hysteria” of locking people up. Thompson was a lead sponsor of so-called “truth-in-sentencing” laws in 1997, and oversaw the expansion of the state’s prison system. Currently, 23,500 people are held in Wisconsin’s prisons, and the state is studying plans for a new $300 million facility.  Thompson voiced support for substance abuse treatment and job training for people who are incarcerated, saying it could also help the state’s worker shortage.

“These post-implementation analyses reveal that the CJRA had an immediate and sizeable impact on summons issuance in New York City. Further, the intended outcome of a dramatic reduction in the volume of warrants issued in criminal court was achieved.”

John Jay College’s Misdemeanor Justice Project released a report this week on the implementation of the Criminal Justice Reform Act (CJRA), which created the presumption that certain low-level offenses would result in a civil, rather than criminal, summons. In 2016, the year the CJRA was passed, the majority of criminal summonses in New York City were for public urination, public drinking, littering, noise offense or parks rules offenses. In the six months following implementation 89% of summonses for those five offenses were civil, and the city saw a 94% decrease in warrants for CJRA-eligible offenses.

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."

Pardons in Tennessee, and the news in criminal justice this week

“…I believe exercising the executive clemency power will helm further these individuals’ positive influence on their communities and the lives of fellow Tennesseans.”

Tennessee Governor Bill Haslam granted clemency to four people this week, and said more pardons were in process. Three of the pardon recipients—Ralph Randall Reagan, Robert James Sheard, Jr., and Steven Lee Kennedy—were already out of prison; Michelle Lea Martin received a sentence commutation and will be released into supervised parole. Their convictions will remain on their records, but the Governor’s actions could facilitate expungement and help with employment, housing and certifications.

“Those old outstanding complaints and open warrants in minor matters raise questions of fairness…”

New Jersey’s State Supreme Court has initiated a process to dismiss nearly 800,000 open warrants for minor offenses that were issued more than 15 years ago. The warrants include 355,619 cases related to parking tickets and 348,631 moving violations. Chief Justice Rabner also issued an order limiting the number and amount of fines that can be imposed for failure to appear in court or failure to pay fines. The Supreme Court’s actions come after their report on municipal court operations, fines and fees, which recommended 49 reforms to ensure access, fairness, independence and confidence in the court system.

“Her profound belief is that answers to vexing criminal justice problems can be best assessed from the ground up.”

The Bail Project, a five-year, $52 million plan to bail out 160,000 people, started in New York and now operates in Tulsa, St. Louis, Detroit and Louisville. In the Bronx, the average bail posted was $768, and the project’s staff worked with clients to ensure that they showed up for court dates. More than half of their cases resulted in dismissal of all charges, and only 2% of clients were sentenced to jail for the original charges.

“I am hoping to go back to the Legislature this coming year and say, ‘So here’s what we’ve done, here are some preliminary results, it’s working. We need more money to expand across the state.’”

Missouri state officials have approved $5 million for a Justice Reinvestment Initiative treatment pilot program, aimed at creating more effective drug treatment and reducing recidivism. The appropriation is the first step towards the recommended 5-year, $133.5 million investment in recovery supports recommended by the Council of State Governments Justice Center. Department of Corrections Director Anne Precythe admitted the program was starting small, but described it as a blessing in the face of state budgetary constraints.

“When they’re in my class, they aren’t criminals. They’re beekeepers.”

The Georgia Department of Corrections works with the University of Georgia Master Beekeeping program, the Georgia Beekeepers Association, and Brushy Mountain Bee Farm to run programs in multiple facilities, including one for women at Arrendale State Prison. Participants work toward certification in beekeeping, and produce a monthly newsletter called the Nectar Collector. Honey collected by Arrendale beekeepers placed second in a special category of the 2016 Georgia Beekeepers Association honey contest.

Appellate panel finds no right to money bail, and the news in criminal justice this week

“We find no right to these forms of monetary bail in the Eighth Amendment’s proscription of excessive bail nor in the Fourteenth Amendment’s substantive and procedural due process components.” 

A federal appellate panel rejected a challenge to New Jersey’s bail reforms, finding that there was no constitutional right to monetary bail. The New Jersey Criminal Justice Reform Act has contributed to a 24% decrease in the non-sentenced pretrial jail population since 2017, and continues to face challenges from the bail industry. The opinion, written by U.S. Third Circuit Court of Appeals Judge Thomas Ambro, is available here.

“…a blueprint for treating addiction throughout the criminal justice system.”

In September, Kentucky’s Kenton County Detention Center will launch a first-in-the-nation jail-based treatment program for those with opioid addictions, offering medication and comprehensive therapy. Participants will undergo 90 days of intense addiction treatment, and receive job training and life skills education. Upon release, they will have the option of continuing medication-assisted treatment. The program, Start Strong, was created in partnership with the Hazelden Betty Ford Foundation, the University of Kentucky, and the commonwealth’s Office of Drug Control Policy and cabinets for Health and Family Services and Justice and Public Safety.

“The reality of witness identification is that it is one of the least-reliable pieces of evidence, and yet we put great weight on it.”

In 25 states, including Louisiana, Ohio, Michigan, and New York, law enforcement agencies have implemented policies intended to improve police lineups. Reforms enacted this year require Louisiana police officers to conduct “double-blind’ lineups, in which the officer conducting the lineup doesn’t know who the suspect is. The National Registry of Exonerations found that mistaken identifications were a factor in 29% of 2,245 exonerations since 1989.

“The relationship between police and the communities they serve is at a crisis in many cities, and they have no way of measuring what success is right now.”

In a partnership with Elucd, the city of New York is offering residents the chance to give direct feedback on satisfaction with police performance and overall safety. More than 200,000 unique respondents have filled out the 10-question surveys, which come through pop-up ads on smartphones and robocalls to landlines, and responses are broken down into 297 precinct sectors. Weekly CompStat meetings now include monthly “trust score” feedback and rankings.

“The criminal justice system is not the right place—or it shouldn’t be the place of first resort to provide addiction or mental health services.”

Portland, Oregon is seeking a better understanding of arrest trends and causes after a report by the Oregonian showed that people experiencing homelessness accounted for 52% of arrests in 2017. 86% of those arrests were for non-violent crimes, and nearly a quarter were for procedural violations, including missing court dates or violating parole or probation. Amid this increased focus, Mayor Wheeler also noted that the city has increased funding for its Behavioral Health Unit, increased training on de-escalation, and added a homeless liaison position to the Portland Police Bureau.