White House Withdraws Expanded Background Check Plan, and the news in criminal justice this week

“The sentiment against this was overwhelming.” 

After a bipartisan outcry, the White House withdrew a plan to require federal job applicants to disclose their participation in diversion programs. Applicants would have been asked whether they had “been subject to judge or court specified conditions requiring satisfactory completion before a criminal charge has been or will be dismissed.” Nearly 4,000 comments were submitted to the Federal Register against the proposed change, which was first posted in late February by the Office of Personnel Management.

“We need a public safety system that holds youth accountable for crimes but just as importantly ensures they can grow and change for the better.”

Senate Bill 1008, which would end the practice of automatically referring youths accused of certain crimes to adult court, passed in the Oregon House by a vote of 40-18, narrowly meeting the 2/3 majority required to amend a voter-approved initiative. In addition to requiring a hearing for referrals, the bill allows for a “second look” hearing halfway through a sentence, and eliminates life without parole sentences for juveniles. Governor Kate Brown has indicated that she will sign the bill. We are sad to note that Senate Minority Leader Jackie Winters, who helped lead the fight for SB 1008, passed away this week. “Justice reform has been my passion for many years,” Winters said in one of her final public statements, “and I am so pleased that we got this bill across the finish line.”

“If resources are limited, are there still ways to optimize programming’s beneficial effects?”

A new report from the American Enterprise Institute, “Optimizing the Effectiveness of Correctional Programming: The Importance of Dosage, Timing and Sequencing,” offers an evidence-based framework for policymakers and practitioners to design effective interventions. Suggestions include providing longer, more intensive programming for high risk individuals, offering multiple interventions, and back-loading programming closer to a release date. Author Grant Duwe also recommends addressing recidivism factors in a thoughtful sequence, by focusing on the most influential risk factors before attending to more moderate factors like education, employment, and substance abuse.

“Tens of thousands of Oklahomans will be eligible to apply to have their felony taken off their record, which will open up new and hopefully more fruitful employment opportunities for them.”

Oklahoma House Bill 1269 was signed into law this week by Governor Kevin Stitt, making the reforms of State Question 780 retroactive. It establishes an expedited commutation process for individuals serving a felony sentence for crimes that are now misdemeanors, and simplifies expungement for low-level drug possession and property convictions. Up to 60,000 people could be eligible for expungement, and 500-800 people who are currently serving felony prison sentences could be released. The law takes effect on November 1, 2019.

“Asking hard questions and demanding evidence-based answers can protect both the public’s pocket book and its safety – on our streets, in our courtrooms, in our jails and prisons and in our communities.”

The Arizona Town Hall Association conducted 16 public meetings around the state and produced a report with recommendations for official action and personal commitments to improve the state’s justice system. Participants in the town halls included elected officials, community and business leaders, reform advocates, law enforcement, students, and people who are incarcerated—two of the town halls took place inside correctional facilities. In addition to detailing the results of the community meetings, the report includes background research from the Arizona State University Morrison Institute for Public Policy on elements of Arizona’s criminal justice system.

 

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.

A New Bipartisan Consensus, and the news in criminal justice this week

“There is a new bipartisan consensus on criminal justice, and it is that the old consensus was wrong.”  

The Brennan Center for Justice published Ending Mass Incarceration: Ideas from Today’s Leaders, featuring essays from presidential hopefuls Cory Booker, Julian Castro, Kirsten Gillibrand, Kamala Harris, Amy Klobuchar, Beto O’Rourke, Bernie Sanders and Elizabeth Warren, as well as Justice Action Network’s Holly Harris, NAACP’s Derrick Johnson, #cut50’s Van Jones, and Trump advisor Jared Kushner. The report is a follow-up from 2015’s Solutions: American Leaders Speak Out on Criminal Justice. “Four years later, I think it’s a very different landscape,” noted Brennan Center’s Inimai Chettiar, “..they are not only committing to ending mass incarceration but also coming forward with far bigger proposals and more specific proposals.”

“Being a drug addict should not be a crime in the State of Ohio. Period.”

The Ohio Senate Judiciary Committee heard testimony this week on Senate Bill 3, which would reduce penalties for some low-level, non-violent offenses, particularly drug possession offenses. The bill’s sponsors, Senators John Eklund (R-Munson Township) and Sean O’Brien (D-Bazetta), said current Ohio law too often “mandates ever-increasing prison terms for people who need treatment much more than they need punishment.” New polling from Public Opinion Strategies and the Justice Action Network showed that Ohio voters overwhelmingly support sentencing reform and second-chance policies.

“By utilizing MAT and improving access to this lifesaving treatment, communities and correctional agents can reduce the risk of overdose and death post-release.”

An estimated 58% of state prisoners and 63% of sentenced jail inmates have substance abuse disorders, and states are using more data-driven approaches to addressing their needs during incarceration and in the reentry period. Kentucky increased funding for naltrexone and substance abuse disorder programs in 2015 that provided structured environments, mentorship offerings and a sense of community. Pennsylvania’s Nonnarcotic Medication Assisted Substance Abuse Treatment Grant Pilot Program funded prison-based social workers and provided naltrexone to inmates upon release. And in Ohio, State Targeted Response funds were used to expand the number of doctors with buprenorphine waivers. 

“Most counties collect so little from the fees they do not even track what they bring in…”

Last year, Los Angeles County spent $3.9 million on collections and brought in $3.4 million in adult probation fees, losing $500,000 and only collecting fees on 4% of active probation cases. The cost of collections and the economic impact on returning citizens led San Francisco to eliminate all local justice system fees and write off $32 million in debt owed by 21,000 people.  State Senator Holly Mitchell introduced the Families Over Fees Act, which would eliminate administrative fees for people in the criminal justice system and “remove economic shackles on people who’ve already paid their debt to society.” 

“These people are our neighbors…It’s to all of our benefit to make sure that when they are released they are better prepared to be productive citizens.”

Rutherford County Correctional Work Center, partnered with local businesses to provide training in mechatronics, a mix of mechanical engineering and electronics. The center serves more than 180 incarcerated people, and works with outside employers on work release programs. As part of a request for $100,000 in additional funding, Superintendent William Cope predicted a reduction in the current recidivism rate of 32% for those released in the county.

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.

Coalition for Public Safety Announces Honorees for Derby Eve "Celebration of Second Chances"

People Over Partisanship Award 

FOR EXTRAORDINARY EFFORTS TO REACH ACROSS THE AISLE, CHANGE LAWS AND CHANGE LIVES

·      Honorable Chuck Grassley (R-IA)

·      Honorable Dick Durbin (D-IL)

·      Honorable Hakeem Jeffries (D-NY)

·      Honorable Doug Collins (R-GA)

·      Honorable Jimmy Higdon (R-KY)

·      Honorable Gerald Neal (D-KY)

·      Honorable Antonio Maestas (D-NM)

·      Honorable Sander Rue (R-NM)

·      Honorable Sheryl Delozier (R-PA)

·      Honorable Jordan Harris (D-PA)

Pioneering Voices Award

FOR LEADERS WHO PIONEERED REFORM EFFORTS IN THEIR BACKYARDS AND BEYOND 

·      Honorable Elijah Cummings (D-MD)

·      Honorable Mike Lee (R-UT)

·      Honorable Cory Booker (D-NJ)

·      Honorable Rand Paul (R-KY)

Perseverance Award

FOR LEADERS WHO FOUGHT FOR CHANGE FOR UNDERSERVED COMMUNITIES AND UNDERREPORTED CHALLENGES 

·      Honorable William Cassidy (R-LA)

·      Phyllis Sparks, President of the Board of Directors at the Kentucky International Dyslexia Association 

Dignity Award

FOR LEADERS WHO FOUGHT TO  IMPROVE CONDITIONS FOR INCARCERATED WOMEN

·      Honorable Karen Bass (D-CA)

·      Honorable Julie Raque Adams (R-KY)

Excellence in Advocacy Award

FOR COMPELLING VOICES THAT CHANGED HEARTS AND MINDS 

·      Amanda Hall, ACLU-KY

·      The Pennsylvania Chamber of Business and Industry and the Greater Pittsburgh Chamber of Commerce 

·      Topeka Sam, New Yorkers United for Justice 

·      Kelley Paul, Author and Activist  

·      Matthew Charles, FAMM  

Front Lines Award 

FOR THE HEROES ON-THE-GROUND IMPACTING LIVES  EVERYDAY

·      Hope Center

·      Life Learning Center

·      The Urban League of Louisville

·      The Henry Clay Center for Statesmanship

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.