Pennsylvania

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



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.”

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

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

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

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

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

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

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

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

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

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

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

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

“This is a huge deal.”

Legislators in Oklahoma voted to create more specific use of criminal records in state occupational licensing decisions, and remove “good character” requirements from those laws with nearly unanimous, bipartisan support. House Bill 1373 was approved in the House by vote of 90-2 and in the Senate by a vote of 42-0, and Governor Stitt is expected to sign it into law. The Institute of Justice previously ranked Oklahoma as the 11th most burdensome state for occupational licensing, noting that 29 of 102 low-to-moderate income occupations required certification, and data from the  University of Tulsa showed Oklahomans with criminal records had an unemployment rate almost five times as high as the general population.   

“We look forward to working with leaders of both parties in the Legislature and with the administration to help us grow the economy, improve our criminal justice system and keep Pennsylvania No. 1 for second chances.” 

Pennsylvania’s business community and groups from the right and left came together to call for prioritizing justice reforms that help returning citizens find jobs in an op-ed in the Pittsburgh Post-Gazette. Justice Action Network’s Holly Harris and leaders from the Pennsylvania Chamber of Business and Industry, the ACLU of Pennsylvania, the Commonwealth Foundation and Americans for Prosperity-Pennsylvania encouraged legislators to adopt reforms to the state’s occupational licensing and probation systems, and access to expungement.

“No one should profit from criminal activity. But to take somebody’s goods and deprive them before there’s been due process delivered is an injustice.”

Michigan Governor Gretchen Whitmer signed a package of bills this week that will significantly reform the state’s civil asset forfeiture procedures. House Bills 4001 and 4002 and Senate Bill 2 will require the government to notify a person that their property has been seized, return unjustified forfeited property within 14 days, delay forfeiture in cases involving controlled substances, and obtain a conviction before property can be permanently forfeited to the state in most cases. These reforms, championed by Senator Peter Lucido, follow a 2015 change to requirements for evidence and transparency, and a 2016 law that removed a bond requirement for people challenging a forfeiture.

“This report shows that judges are respecting the rights of the accused by releasing eligible pretrial defendants from jail without increasing the threat to public safety.” 

Chief Judge Timothy Evans of the Circuit Court of Cook County, Illinois, released a report this week on the effects of pretrial reforms instituted in 2017. The Cook County Jail population dropped by more than 1,600 and the average bound amount fell from $5,000 to $1,000. At the same time, violent crime in Chicago decreased by 8% and nearly 90% of those released had not been charged with a new crime during the 15-month period covered by the study. 

“This is a great opportunity for individuals to get training of a skill for employment, not in a low level or entry level type job, but one where their training and certification opens up new opportunities at a much higher level for them.”

The Culinary Academy, a partnership between the Northwest Wisconsin Workforce Investment Board, the Sawyer County Jail, Hayward Senior Resource Center, and the Sawyer County Criminal Justice Programs, provides training for incarcerated people in a variety of skills related to the culinary industry. Participants learn about food preparation, nutrition, hospitality, customer service, and menu preparation, and receive their ServSafe certification.

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.

The Case for Expungement, and the news in criminal justice this week

“Our research suggests that expungement is a powerful tool for improving outcomes for people with records, without risk (and possibly with benefits) to public safety.”

Researchers at the University of Michigan School of Law analyzed data on expungement recipients and comparable non-recipients and found extremely low subsequent crime rates for those who have expunged their records. People who obtained expungement also saw their wages go up by 25% within two years when compared with their pre-expungement trajectory. The researchers also pointed to a serious “uptake gap”: only 6.5% of those legally eligible for expungement obtain it within their first five years of eligibility.

“Florida is locking up too many people for too long. It’s burdening taxpayers, and it’s doing little to rehabilitate offenders and make communities safer.”

Legislators in Florida are debating a wide range of reforms to the state’s justice system, including ending driver’s license suspensions for low-level crimes or unpaid court fees, limiting solitary confinement for inmates aged 19 or younger, among other reforms. Florida’s First Step Act would also allow judges to depart from mandatory minimum sentences for some drug cases, require people to be placed in prisons within 300 miles of their primary residence, and provide sentence reductions for people who complete an entrepreneurship program. The state’s correctional system has an annual budget of $2.4 billion, more than 96,000 people in state prisons and 166,000 under community supervision.  

“It is the most amazing feeling to work with the many lawyers who are filing and beginning to win compassionate release motions for prisoners who I know would never have made it to court, were it up to the BOP.”

Richard Evans became one of the first beneficiaries of the First Step Act’s reforms to the federal compassionate release program. Individuals whose release requests are denied now have the right to petition the courts for relief, and this week U.S. District Judge Kenneth Hoyt reduced Evans’ sentence to time served and ordered three years of supervised release. Hoyt found that the Bureau of Prisons was not equipped to deal with Evans’s malignant melanoma. “Without the court process, our client would die in prison,” Evans’ lawyers said in a prepared statement. “Instead, we had an independent judge and fair-minded prosecutor, and the law worked.”

“It would just create a barrier where people would have to chase down a money order for $15 here, or this, or that—it just doesn’t make any sense.”

Pennsylvania’s Board of Pardons voted unanimously to get rid of application fees as of March 18th. Lieutenant Governor John Fetterman, who also chairs the Board of Pardons, said the previous fees—$8 to download the application, $20 for a background check, $10 for a driving record, and $25 for processing—were too small to be meaningful for the Commonwealth but too burdensome for applicants. Fetterman also announced plans to make the application available online, and proposed a series of changes that would need to be made legislatively, including changing the requirements for commutations of life or death sentences.

“Data from our study can be used to develop national standards of care for incarcerated pregnant women ...”

A survey conducted by the Johns Hopkins University School of Medicine found that nearly 1,396 pregnant women were admitted to prisons in 22 state prisons and the federal prison system over a 12-month period from 2016 to 2017, nearly 4% of all new female admissions. Rates of pregnancy prevalence for women who were incarcerated varied widely by state—from 4.4% in Vermont and 3.8% in Rhode Island to 0.4% in Mississippi and 0.2% in Tennessee. There were 753 live births, 46 miscarriages, and no maternal deaths. The survey is believed to be the first systematic assessment of pregnancy outcomes for women who are incarcerated.

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.