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.

Automatic Expungement in Utah, and the news in criminal justice this week

“If you do everything you’re asked to do, and jump through all the hoops, there ought to be a mechanism that allows you to get your life back on track.”

With unanimous votes in both the House and Senate, Utah legislators passed House Bill 431, The Expungement Act of 2019. The bill would allow for automatic expungement of certain criminal records after a set period of five to seven years, depending on the offense. H.B. 431 is expected to be signed by Governor Gary Herbert, making Utah the second state in the country to pass automatic expungement legislation.  “When we equip individuals with the tools they need to turn their lives around,” argued former U.S. Attorney and Utahn Brett Tolman, “we are smarter and safer as a state and a country.”

“The Fair Chance Act allows qualified people with criminal records to get their foot in the door and be judged by their merit, not a past conviction.”

At a joint hearing of House Oversight and Reform subcommittees this week, lawmakers heard from the sponsors of H.R. 1076, The Fair Chance to Compete for Jobs Act. The bill would prohibit agencies and their contractors from asking about an applicant’s criminal record until a conditional offer of employment has been extended. Thirty-three states and nearly 150 cities and counties have implemented some version of ban-the-box policies. House sponsors Elijah Cummings (D-MD) and Doug Collins (R-GA) were joined at the hearing by Senate sponsors Cory Booker (D-NJ) and Ron Johnson (R-WI), as well as the Justice Action Network’s Holly Harris and Teresa Hodge, Co-Founder and CEO of R3 Score Technologies.

“This bill is a testament to finding agreement, talking through practical challenges, and raising the standard to ensure our citizens have more protections in place.”

Arkansas Senate Bill 308, which requires a criminal conviction before property can be forfeited by the state, passed unanimously in both chambers. Senator Majority Leader Bart Hester and Representative Austin McCollum championed the issue, and Governor Asa Hutchinson is expected to sign the bill into law. With his signature, Arkansas will join the ranks of states like New Mexico, Ohio, and Connecticut to dramatically restrict civil asset forfeiture. Meanwhile, in Michigan, MLive.com broke down the state police’s asset forfeiture report, detailing what was seized, how property was disposed, and how the income from assets was spent.

“It appears that the same bureaucrats that fought the First Step Act at every opportunity are trying to starve it to death through the budget process...”  

President Trump’s 2020 budget request contained $14 million for the development of pilot programs for people who are incarcerated, well short of the $75 million annual expenditure described in the First Step Act. The White House did not indicate how the administration planned to implement the law’s expansion of programs for education, career and technical training, substance abuse treatment or halfway houses. While Congress is responsible for allocating funding, and both houses have generally ignored presidential budget requests, advocates were concerned that the proposal fell short of a full-throated implementation of the law.

“It’s obviously an equity issue. They’re stuck in a vicious cycle of poverty.”

Legislators in Oregon are debating House Bill 2614, which would end the suspension of driver’s licenses for unpaid court fees and traffic tickets. The Oregon Department of Motor Vehicles issued more than 76,000 license suspensions in 2017 alone. Representative Jeff Barker, who is sponsoring the bill with House Majority Leader Jennifer Williamson, said the current system impacts those who can’t afford to pay fines, and “they get into a downward spiral that they can’t get out of.”

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.

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“In Wisconsin, mass supervision drives mass incarceration.”

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



Bipartisan Sentencing Reform in Oklahoma, and the news in criminal justice this week

“I look forward to working with members of both parties to find not Democratic or Republic solutions, but Oklahoma solutions to the issues facing this state. This bill will be a great step in that direction.”
 
Oklahoma House Bill 1269, which would allow recently-passed sentencing reforms to be applied retroactively, was introduced this week by Representatives Jon Echols (R-Oklahoma City) and Jason Dunnington (D-Oklahoma City). State Question 780 reclassified several nonviolent offenses from felonies to misdemeanors, but only applied to those charged after July 1, 2017. According to an estimate from Open Justice Oklahoma, 2,500-3,000 people could be immediately eligible for reduced sentences if HB 1269 is adopted.
 
“There are still grave concerns. This just emphasizes to us that the state of Wisconsin has to move these kids out (of the facilities).”
 
The first report from court-appointed monitor Teresa Abreu shows Wisconsin’s juvenile facilities continue to face “serious, chronic, and dangerous” staffing shortages. Abreu reported that guards at Lincoln Hills School (LHS) and Copper Lake School (CLS) continue to use pepper spray to subdue people when lesser means could have been used, and individuals are sometimes placed in solitary confinement for more than seven days. The report does point to some areas of improvement, including the decreased use of physical restraints and strip searches. Abreu also noted that the Wisconsin Division of Juvenile Corrections Director and LHS/CLS Superintendent were both receptive to her recommendations. 
 
“The historic decline demonstrates that common-sense criminal justice reforms work and bolsters the case for expanding reforms while ensuring the safety of all citizens.”
 
From 2017 to 2018, Pennsylvania’s state corrections population saw its biggest-ever decrease, dropping from 48,438 to 47,370. 617 fewer people were newly admitted to state prisons, while 575 fewer were returned for parole violations. Since the state passed a Justice Reinvestment Initiative in 2012, the prison population has declined by more than 7.4%. “We are locking up fewer people while crime rates continue to decline,” noted the Commonwealth Foundation’s Nathan Benefield. “It’s time for lawmakers to build on this momentum and advance reforms that improve sentencing and parole.” 
 
“It will make Harris County safer and more equal and provide more efficient processing of people accused of misdemeanors.”

Newly-elected judges in Harris County have approved a plan that would allow 85% of those arrested for misdemeanors to be automatically released on no-cash bonds. The new court protocols are a proposed foundation for the settlement of a class-action lawsuit against the county’s bail practices, and must be reviewed by a federal judge. Sheriff Ed Gonzalez, a defendant in the lawsuit, welcomed the proposed settlement, saying “too many jail beds are occupied by nonviolent people who can be safely released to return home to support their families while they await trial.”  
 
“I want to add to my portfolio of programs that are sustainable…do justice and serve the community. That’s the essence of criminal justice reform.”
 
Pima County’s Drug Treatment Alternative to Prison program was highlighted at this week’s winter meeting of the Major County Prosecutor’s Council. The program, in place since 2011, allows people to opt into an intensive supervision, treatment and support program rather than being sentenced to prison. The University of Arizona estimated that the program had saved $6 million over the course of four years, and that the program cost less than half as much as sending a person to prison. Attendees, including district and county attorneys from Baltimore, New York, Seattle, and Denver, met to discuss strategies to assist in criminal justice reform at the local level.