Ohio

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%. 

Asset Forfeiture in Texas, and the news in criminal justice this week

“There is a principle of being innocent until proven guilty, and forfeiture just takes that and flips it on its head.”

The Texas Tribune reviewed thousands of pages of court records related to asset forfeiture in four counties: Harris, Reeves, Smith and Webb. The 560 cases reviewed resulted in the seizure of nearly $10 million and 100 cars. In approximately 40% of cases, the person whose property was seized was not found guilty of a crime related to the seizure. In the first half of 2016 alone, police in Harris County seized $8 million in cash and 67 vehicles, and 15% of cases had no related criminal charge.

“By reducing the burden our occupational licensing laws have on those with criminal records, we will strengthen our communities by lowering crime rates as well.”
 
Pennsylvania State Senators John DiSanto (R-15) and Judy Schwank (D-11) and Representatives Sheryl Delozier (R-88) and Jordan Harris (D-186) wrote a joint op-ed in PennLive about the need for reform to the state’s occupational licensing requirements. They’ve introduced Senate Bill 637 and House Bill 1477, which would prevent licensing boards from denying or revoking a license based solely on one’s criminal history unless the conviction is directly related to the licensed occupation. Both bills would also allow individuals to find out if they are eligible for licensing before they go through the training and educational requirements for the particular profession. 

“…Many of the broader challenges that probation departments face can be traced to the way that they are funded—usually based upon the number of people being supervised at any given time.”
 
In The Hill, Right on Crime’s Michael Haugen reviewed a report finding that performance-based funding has contributed to reduced caseloads, lower costs, and fewer probation revocations. Successful models include Ohio’s “Reclaim” Program, which incentivizes community-based programming for juvenile offenders and at-risk youth, and Illinois’ “Redeploy” Program, which provides financial incentives to jurisdictions that expand evidence-based interventions focused on addressing underlying drivers of crime. 
 
“Barriers to communication from high inmate calling rates interfere with inmates’ ability to consult with their attorneys, impede family contact that can make prisons and jails safer spaces, and foster recidivism.”
 
In Iowa, the average cost of a 15-minute call from prison or jail was $7.03, with some counties charging as much as $11. The state utility board, tasked with ensuring that reasonable rates are charged by state service providers, has asked the 11 companies who provide calling services for more information about their pricing. Iowa’s prices are $1.29 higher than the national average of $5.74, and are the 13th-highest in the country. Arkansas has the most expensive rates, charging an average of $14.49 for 15 minutes.
 
“How do you find meaning in a life where you may never see the outside world?”
 
Photographer Sara Bennett photographed women serving prison sentences of 18 years or longer at New York’s Bedford Hills and Taconic Correctional Facilities. The women, who were all convicted of murder, were photographed at their workplaces, including the library, gym, and infant center. “The lifers all know each other,” Bennett said. “…It’s a society. Sometimes it feels like a secluded community.”

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.

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.

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.

Debt and Incarceration, and the news in criminal justice this week

“But what we’re seeing in these situations is that not only are the poor in the United States treated differently than people with means, but that the courts are actually aggravating and perpetuating poverty.”

Corinth, Mississippi is the subject of a New York Times investigation into the cycle of debt and incarceration, and the ways fines and fees are used to finance the justice system. Prior to a settlement last fall, defendants who were unable to pay fines and fees could reduce their debt by $25 for each day they spent in the Alcorn County Jail. The settlement grants additional time for people to pay fines and fees, and does not allow imprisonment for people who are unable to pay. The problem is not limited to Mississippi, or to criminal infractions—Oregon courts have issued significant fines to parents whose children are truant, and Louisiana’s pretrial diversion laws allow people with traffic offenses to pay quickly and avoid a record, while those who cannot pay may end up with additional court fees.

“There’s really no guidance for future courts, for future clemency request, for future governors making requests, as to why certain ones might get blocked and certain ones won’t.”

The California Supreme Court blocked ten clemency actions from then-Governor Jerry Brown, the first time since 1930 that it had rejected executive pardons or commutation requests. Those individuals will now have to reapply for clemency from Governor Gavin Newsom. And in The New Republic, Matt Ford looks at grants of clemency and questions why certain governors aren’t pardoning more incarcerated people. Ford suggests that governors could fast-track pardons and commutations for elderly prisoners, who are expected to comprise 30% of state prison populations by 2030.

“We could do all this punishment all day. But then they’re still going to come out into the neighborhood. We’re just trying to prepare somebody to re-enter society.”

Mecklenburg County Sheriff Gary McFadden closed the county jail’s disciplinary detention unit, which had been used to keep juvenile offenders in solitary confinement. Incarcerated youth are now let out of the cells for at least seven hours per day; have access to phones, television, the library, and family visits; and can attend classes. Sheriff McFadden also said he plans to restore in-person visits with family members and friends, which the previous sheriff had restricted to video monitors.

“It was in this context that Dayton waded in: innovating, trying, failing, and trying again. And while nobody will tell you that the problem is solved, our community has made enormous strides.”

One of the cities hardest hit by the opioid crisis, Dayton, Ohio has become a model for its creative, collaborative, and compassionate response.Since 2011, Dayton’s Montgomery County has had one of the highest rates of overdose fatalities in the state; but fatalities were down 65% in 2018 as compared to the same time period in 2017. A report from the Center for American Progress analyzed key elements of the city’s response, including rapid and targeted data collection and use, increased access to treatment, and a law enforcement strategy focused on support and prevention rather than criminalization.

“It raises the spirit of the community as its residents strengthen their opportunities for better jobs and better housing.”

Leavenworth, Kansas Mayor Jermaine Wilson and Leavenworth County Attorney announced a new 60-day expungement assistance program this week. Prosecutors and volunteer attorneys will review cases, answer questions about eligibility, and help people apply for fee waivers. Wilson, who was incarcerated for three years, had his record expunged in 2015, was elected to the city commission in 2017, and was unanimously chosen by the commission to serve as mayor on Tuesday.  

Minnesota's federal reentry court, and the news in criminal justice this week

“That interaction tells them that the justice system is not just about punishment; that it also is invested in helping former inmates when they leave prison.”

Minnesota’s federal re-entry court matches participants with community mentors and does away with the adversarial system of normal court proceedings. Returning citizens who are deemed to be at high risk of re-offending work with judges and federal law-enforcement officials to help find housing, employment and addiction treatment. Program participants have a 27% recidivism rate, well below the 73% rate for high-risk individuals outside the program. Chief U.S. Probation Officer Kevin Lowry said the re-entry court saved up to $30,000 per participant each year by reducing recidivism and allowing people to remain on community supervision.

“It is recovery, not incarceration, which allows people to become productive members of society—citizens with jobs and families who can contribute and make our communities better places to work, grow and live.”

In the Herald-Leader, author Kelley Paul recounted a visit to Lexington’s Hope Center, and pushed for an end to the cycle of trauma, addiction and incarceration. The Hope Center provides emergency shelter and addiction treatment services, and recently expanded its women’s recovery center.  Paul pointed to legislative solutions, including Kentucky’s Dignity Bill, the FIRST STEP Act, and federal bail reform sponsored by her husband Rand Paul (R-KY) and Kamala Harris (D-CA).

“That’s where a text-messaging service helps. Defendants may not read a letter…but they will look at their cell phones.”

Ohio’s Cuyahoga County Public Defender’s Office has been using a text messaging service to remind some clients of upcoming court dates, and hopes to expand the program to include juvenile and municipal court defendants soon. Many defendants do not have stable addresses, or miss mailed notifications, but are more likely to see a notice on their cell phones. A similar program, run by Uptrust, is in use in counties in California, Maryland, Virginia, Washington and Pennsylvania. Uptrust’s CEO says failure-to-appear rates have gone from 15-20 percent to 5-6 percent in their service areas.


“The idea that a pregnant woman is going to escape anywhere when she can barely walk is ludicrous. Shackling women on the wrists, waist and legs is a dangerous practice and a cruel practice.”

Representatives Karen Bass (D-CA) and Mia Love (R-UT) introduced The Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act, which is cosponsored by a bipartisan group of 57 congresswomen. The bill would create anational standard of care for women who are incarcerated during pregnancy, labor, delivery and the post-partum period. Representatives Love and Bass announced their intention to file the bill at the Coalition for Public Safety’s Women Unshackled: The Next Step, earlier this year. In The Hill, the American Conservative Union Foundation’s Kaitlin Owens and R Street’s Emily Mooney argued for the passage of the bill and similar reforms at the state level.

“Housing, education, job opportunities are all basic needs, and if the needs are met then the likelihood of someone engaging in criminal behavior is reduced.”

The Chicago Tribune’s Alexia Elejalde-Ruiz and Lisa Schencker looked at programs to help people with criminal records gain employment, and the businesses that are giving people a second chance. Chicago logistics provider C.H. Robinson doesn’t do background checks until the final stage of the hiring process, and considers the number of convictions, the nature of the offense, and the time elapsed when evaluating applicants. Illinois has passed several laws in the past four years that have reduced barriers to employment, including banning the box on initial applications, expanding convictions eligible for record sealing, and reforming state licensing requirements.

A fact-check on Louisiana's reforms, and the news in criminal justice this week

“…We should unite around the opportunity, clarify the facts and bring logic and analysis to assessing success or failure. It is vital that the public keep everyone accountable to the truth.”

Daniel Erspamer, of the Pelican Institute for Public Policy, and James Lapeyre, Jr., of Smart on Crime Louisiana, fact-checked Senator John Kennedy’s criticism of Louisiana’s recent criminal justice reforms. Kennedy’s letter overstated re-arrest and recidivism rates for people who received a recalculated “good time” credit, and mischaracterized the process by which this process was carried out. Erspamer and Lapeyre said it was too early to draw conclusions about the reforms’ effects, but noted that the results so far are extremely promising, and that states implementing similar reforms had seen reductions in crime and recidivism.

“That practice also has reduced crowding in the Summit County Jail, and saved taxpayers millions of dollars a year in jail costs.”

The Cleveland Plain Dealer’s Justice for All series continued with an step-by-step review of Summit County, Ohio’s pretrial services. Spurred by overcrowding and rising costs, the county adopted a pretrial risk assessment system in 2006. Officials estimate savings of more than $7.3 million in 2016 alone. Akron Municipal Court judge said the pretrial services program was essential: “I’ve never had to do my job without the risk assessment and I don’t think that I would want to.”

“In many cases, people are dealing with mental illness or an emotional crisis of some kind, and if we want to be good cops, it’s up to us to engage them.”

The Washington State Criminal Justice Training Commission trains police officers how to defuse encounters with people experiencing a mental health crisis. Sue Rahr, the commission’s executive director, emphasizes the need to recognize symptoms of mental illness and distress, slow down the action, and bring situations to peaceful resolutions. Along with training in de-escalation techniques, Rahr encourages officers to think of themselves as guardians rather than warriors, who are “going into communities, not war zones.”

“While more time is needed to measure the full impacts of the justice reinvestment legislation I signed last year, the decline in our prison population is certainly a step in the right direction.”

A new report from the Council of State Governments Justice Center predicted that recent reforms would result in a 20% reduction in North Dakota’s projected prison population by 2022, averting $64 million in costs. The justice reinvestment legislation funded behavioral health services, set probation as the presumptive sentence for certain offenses, and reclassified first-time drug possession from a Class C felony to a Class A misdemeanor, among other reforms. The state’s prison population has dropped 6.5% since justice reinvestment policies took effect, a number which includes an 8.4% drop in admissions for drug and alcohol offenses in the past two fiscal years.

“Incarceration cannot be the only option for those struggling with addiction. We must find ways to divert people to treatment and stem the tide of drug-related crime.”

Louisville Mayor Greg Fischer announced a new Law Enforcement Assisted Diversion (LEAD) program, designed to divert people with opioid addiction away from the criminal justice system. Rather than being taken to jail, participants will go to a Volunteers of America triage center, where they will receive addiction treatment and wrap-around services. The program will focus on neighborhoods that have been hardest hit by the opioid epidemic. Overdoses in Louisville are down from their peak in the first quarter of 2017, but first responders had given nearly 1500 naloxone doses in the first seven months of 2018.

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."

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.