Prison Reforms

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.

Growing Support for Justice Reform in Louisiana, and the news in criminal justice this week

“Criminal justice reform is proof of the good that can happen when we come together and put people over politics.”

New polling from Louisiana State University shows growing support for criminal justice reform, particularly among Republicans and Independents. The results reveal that 70% of those surveyed approve of the state’s justice reforms, up from 61% in 2018. Support increased by 14 points for Republicans and by 12 points for Independents. The poll results point to continuing concerns among Louisianans—only 32% believe the current system is fair, or that it keeps communities safe. “Criminal justice reform is working in our state just as it has in other Southern state,” Governor John Bel Edwards noted in a response to the poll results, “and we have every reason to believe that the improvements will continue.” 

“In the end, citizens have a right to know how their county criminal justice system is performing, and the officials who operate it have a duty to ensure they’re making decisions based on objective data.” 

Measures for Justice Executive Director Amy Bach highlighted the difficulties in evaluating and reforming the justice system at the local level. Across more than 3,000 counties, there are no uniform expectations for collecting or reporting access to diversion programs, license suspensions and revocations, or racial and socioeconomic disparities. Bach suggests states follow Florida’s lead, and calls their recently-increased data collection requirements and establishment of a statewide searchable database “a huge win for transparency and informed policymaking.” And in the Marshall Project, Nicole Lewis looks at the process of implementation in Florida, where the law takes effect statewide on July 1.  

“We want to have folks that are able to come back into society and become productive family members, productive members of the community and even productive taxpayers.”

Iowa’s Newton Correctional Facility is partnering with the Iowa Association of Councils of Government and Homes for Iowa, Inc. to teach incarcerated people trade skills and create low-cost homes for rural Iowans. In the program, modeled on South Dakota’s Governor’s House Program, trainees will help construct two- to three-bedroom homes that can be shipped throughout the state. Newton Correctional Facility also offers computing skills courses and trade apprenticeships, and partners with Grinnell College on secondary education classes. 

“The only way to stop this rule from going into effect is to send the administration a clear message that their proposed changes to federal hiring are regressive, unacceptable, and will hurt families and communities across America.”

The U.S. Office of Personnel Management proposed a new rule that would require federal job applicants to reveal whether they have participated in a diversion program meant to avoid a criminal conviction. “The intention of using a diversionary program is just as it sounds: to divert individuals from the justice system and provide correctional measures without incurring the impact of a criminal conviction,” noted FreedomWorks’ Sarah Anderson. “Requiring disclosure of participation in such a program runs counter to its very intention.” The public comment period for the change runs through Tuesday, April 23; you can submit a comment here.

“I am voting yes because I have not given up on the young people, children of Oregon, my Oregon, who have gotten themselves into trouble.”

The Oregon State Senate voted this week to end the automatic referral of juveniles facing certain serious charges to adult court. The referrals were required under Measure 11, passed in 1994, which established mandatory minimum sentences and high bail for offenses including murder, robbery, and assault. Senate Bill 1008 would also bar life sentences without the possibility of parole for juvenile offenders and establish “second look” hearings for juveniles convicted of Measure 11 crimes who have served at least half of their sentences. The bill passed by a vote of 20-10, narrowly meeting the requirement of 2/3 majority to amend a voter-approved law.

 

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.

How to Classify Violent Crimes, and the news in criminal justice this week

“Rethinking whether these kinds of crimes should be considered violent would change the conversation about what must be done to cut the incarcerated population…”

The Marshall Project conducted a nationwide survey of statutes and found that many people being classified as “violent” criminals have committed offenses most would not consider violent. In Kentucky, possession of anhydrous ammonia with intent to manufacture methamphetamines is classified as a violent crime, and carries a potential sentence of 20-50 years. In Minnesota, possession of marijuana can be considered a violent offense. And in North Carolina, trafficking a stolen identify is classified as a violent crime.

“HB 1352 is an important bill that will help remove barriers to success for thousands of Mississippians.”

Mississippi’s Criminal Justice Reform Act, signed by Governor Phil Bryant this week, includes wide-ranging reforms to the state’s justice system. The bill would expand Mississippi’s drug courts to a system of intervention courts that include mental health courts, veterans’ courts, and other specializations; allow people charged with misdemeanors to avoid pretrial incarceration; end driver’s license suspensions for non-driving related offenses; expand expungement opportunities; and allow individuals with drug-related convictions to receive workforce training and nutrition assistance, among other changes.

“…We will responsibly take steps to assist our friends and neighbors who deserve a second chance to contribute to our society.”

New Mexico Governor Michelle Lujan Grisham signed Senate Bill 370 into law this week, allowing New Mexicans to ask the courts to seal records of arrest or conviction. Expungements will not be allowed for crimes against children, sex offenses, drunk driving, embezzlement and some other serious crimes. Regrettably, occupational licensing reforms and data-driven probation reforms were not signed into law.

“The [New] Jersey results are exciting, because they hopefully will add fuel to that forward motion in states that are resistant to making change, out of fear that it will increase violent crime.”

The New Jersey Judiciary released a report this week on the aftermath of the state’s near-elimination of cash bail, and found that the state’s jail population dropped by 44%,while rates of recidivism and failure to appear saw only slight increases. The report concluded that the reforms have “reduced unnecessary detention of low-risk defendants, assured community safety, upheld constitutional principles and preserved the integrity of the criminal justice process.” The Administrative Office of the Courts is continuing to study the policy and its results, with a focus on reducing racial disparities and addressing concerns related to domestic violence.

“Our investigation found reasonable cause to believe that Alabama fails to provide constitutionally adequate conditions and that prisoners experience serious harm, including deadly harm, as a result.”

The Department of Justice found that Alabama’s prisons were overcrowded and understaffed, and that officials had shown a “flagrant disregard” to the rights of prisoners. Major prisons were operating at 182% of capacity, and some facilities had only 20% of their staff positions filled. The report also described “a high level of violence that is too common, cruel, of an unusual nature, and pervasive.” The Department of Justice gave Alabama officials 49 days to address the concerns in the report.

Minnesota's Proposed Parole Board, and the news in criminal justice this week

“Deciding whether an inmate has changed and merits the opportunity to be returned to society shouldn’t rest with one person.” 

The Minnesota Legislature is considering resurrecting a parole board similar to the one the state had in the early 1980s. Under current law, Minnesota’s commissioner of the Department of Corrections is the only person authorized to grant or deny parole requests for individuals serving a term of life in prison. The proposed board would consist of five panelists recommended by leaders of both political parties, each of whom have at least five years of criminal-justice related experience. Paul Schnell, who was recently appointed to head the Department of Corrections, has endorsed the reform.

“This is a perfect opportunity for our partners and stakeholders to come to the table with us, and look at ways of streamlining and improving our system of releasing eligible state offenders in a timely manner.”

The Louisiana Department of Corrections has put forward a proposal to bring the DOC, county clerks and sheriffs together to ensure that people are not held in jails and prisons past their official release dates. The proposal comes after a NOLA.com and Times-Picayune investigation found that hundreds and possibly thousands of people had been incarcerated longer than their sentences required.  In a review of 200 cases in which people were eligible for immediate release, the DOC found they had to wait an average of 49 additional days beyond their official release date, at an annual taxpayer expense of $2.8 million.

“For a lot of people, once you get into this cycle, you don’t get out.”

A new study from the Duke University School of Law found 1,225,000 active driver’s license suspensions for non-driving related reasons in North Carolina, comprising nearly 15% of all adult drivers in the state. Overall, 67.5% of those suspensions were for failure to appear in court, 21.4% were for failure to pay traffic costs, fines or fees, and 11% were for both. The researchers also found a disproportionate impact on Black and Hispanic drivers, who made up 29% of driving-age North Carolinians, and 58% of suspensions for failure to pay fines and costs.

“The time has come for us to engage in a deep and critical reflection on the fairness of our juvenile justice system.”

Oregon lawmakers heard testimony this week about a series of reforms to the state’s juvenile justice system, including removing the mandate that juveniles aged 15 or older be tried as adults for some serious crimes. The bills have garnered support from Attorney General Ellen Rosenblum, Department of Corrections Director Colette Peters, and Oregon Youth Authority Director Joe O’Leary. Recent polling by GBAO showed 88% of Oregonians want the youth justice system to focus on prevention and rehabilitation, rather than punishment and incarceration.  

“Before considering what additional reforms are needed to fix a severely broken criminal justice system, U.S. elected leaders must first stop supporting the very mechanisms that cause the failure in the first place.”

The Center for American Progress released a report this week on the legacy of the Violent Crime Control Act and Law Enforcement Act of 1994, arguing that the law’s effects—particularly financial incentives for stricter state laws—continue to undercut reform efforts. The authors point to several areas of concern, including the expansion of federal offenses and criminal penalties and the funding of jail and prison construction.

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.

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.

Commutations in Oklahoma, and the news in criminal justice this week

“It’s been a transformation, and we’re moving in the right direction.”

In fiscal year 2019, Oklahoma has a more than fivefold increase in commutations granted by the Parole and Pardon Board, due in part to a change in the mindset of the board members. “We are beginning to understand and make better decisions based on facts, data and research rather than emotion, fear and anger,” said board member and former Oklahoma House Speaker Kris Steele. Governor Kevin Stitt announced new appointments to the Pardon and Parole Board this week, including Adam Luck, who previously served as Oklahoma State Director for Right on Crime.  

“If you are a dealer, this does not protect you. This protects the addicted.”

Rhode Island Attorney General Peter Neronha proposed legislation this week that would classify the possession of small amounts of narcotics as a misdemeanor rather than a felony. Possession of small amounts of marijuana is already classified as a misdemeanor in the state. Neronha’s proposal would also lower the maximum sentence for simple possession from three years to one year in prison. Senate Majority Leader Michael McCaffrey agreed to sponsor the legislation.

“It is very upsetting that defendants are in jail and are not able to access our resources as timely as the court requires and, more importantly, as is appropriate for their needs and their rights.”

According to analysis by the Oregonian, state courts, corrections and hospital officials routinely fail to get people with mental illness into treatment within a court-ordered seven day timeline. Researchers found more than 200 incidents of delay, some lasting more than a month. The reporting revealed that 63% of those experiencing extended delays had been charged with misdemeanors and faced little to no jail time if convicted.  

“Social media has the potential to help agencies manage their own reputation and contact community members directly to bolster community-police relations.”

The Urban Institute and the International Association of Chiefs of Policed partnered on a national collection of social media engagement from law enforcement agencies and social media postings that mentioned police. In addition, 539 agencies across 48 states also participated in a survey on their use of social media. Using this data, researchers created a social media guidebook and model policies for law enforcement.

“With the efforts of the criminal justice reform community pushing from all sides of the political aisle, Congress finally broke the logjam and passed meaningful reform.”

In an essay for the Yale Law Journal, Georgetown University Law Center Professor Shon Hopwood described the effort to pass the First Step Act, crediting a wide variety of groups on the right and left, including the NAACP, FAMM, Prison Fellowship, #cut50, Right on Crime, FreedomWorks and the American Conservative Union. Hopwood also lays out a set of principles for evaluating future reforms, suggesting advocates evaluate whether the bill would increase fairness and public safety, whether it is supported by those who would be directly affected, and whether there is a realistic chance of better alternatives in the near future, among other factors.

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.



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

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

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