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Sunday, February 4, 2018

California's Criminal Justice Experiment - Pacific Standard
src: psmag.com

Criminal justice reform in the United States is a type of reform aimed at fixing perceived errors in the criminal justice system. Goals of such reform include decreasing the United States' prison population[1] and reducing prison sentences and eliminating mandatory minimum sentences for low-level drug offenders.[2] Criminal Justice reform also targets reforming policies for those with criminal convictions that are receiving other consequences from food assistance programs, outside of serving their time in prison. There are many organizations that advocate to reform the criminal justice system such as: Penal Reform International, Southern Poverty Law Center, Sentencing Project, Brennan Center for Justice, and the Innocence Project. Most states have a criminal justice reform act as well. These organizations use legal disputes and public events to make the problems aware to the public but mostly the state and federal governments.  


Video Criminal justice reform in the United States



Reform in the States

A common theme of reform bills in the states aim for reform on sentencing laws, civil asset forfeiture laws, bail reform, "ban the box" policies, and juvenile justice reform.

Alabama

Reformed the policy of allowing people with a felony drug conviction apply for assistance programs such as food and cash assistance. Alabama reformed this policy to expand the criteria as a case-by-case premise.

Alaska

In 2016, Alaska chose not to participate in the law that doesn't allow people with a felony drug conviction to apply for programs to assist in their living and family situations. Include in their new policy under Senate Bill 91, someone with a felony drug conviction must follow the courts rehabilitation treatments and remain on good behavior under the assigned parole requirements.

Arizona

In April of 2017, Arizona amended the civil assets forfeiture law allowing agencies of the government to take property from criminal enterprises whether there was a conviction or not.

Arkansas

Most recently Arkansas passed Act 423 of 2017 to allow offenders who break probation or parole to be housed in a different, more rehabilitative facility for a shorter amount of time instead of overcrowding the prison system. This law also keeps offenders who commit crimes from being intoxicated by drugs or because of their mental health out of prison and jails. Their focus is on reducing the prison population. They agree, bipartisan, to do this by reducing prison sentences and adding reentry programs while keeping it cost effective.

California

The recent governor of California proposed to reduce the population of prisons with three new eligibility requirements approved by the public. Proposition 57 included on policy for judge's approval on juvenile offenders being tried as an adult, changing the eligibility requirements for adult with violent convictions allowing them to be granted parole, and advising the prison system to be more lenient on the "good behavior" rules for those incarcerated to be released early.

Colorado

Senate Bill 181 was created in 2016 and allows juveniles that were previously sentenced to life without the option of parole to file for a resentencing hearing, in hopes of reducing the prison population.

Connecticut

In August 2017, the governor passed a reform bill for the criminal justice system of Connecticut. This bill included a bail reform to get ride of cash bail for misdemeanor level and non-violent offenses. It also included a requirement of a criminal conviction before seizing the asset(s) someone put up for bail. The governor also created "Second Chance Society" to reduced the consequences of drug possession and offenders who committed non-violent offenses to apply for parole or get their conviction pardoned.

Delaware

Delaware amended the "three-strikes" law by allowing more convictions before the offender was sentenced under the law. Under Senate Bill 163 Delaware lowered the sentencing requirement for the "three-strikes" law and is allowing offenders already convicted to be resentenced. In 2016, Delaware also reformed their policy that made people with convicted felonies to pay their fines off before they could vote. SB 242 allows convicted felons to vote without paying off their fines.

Florida

Florida reformed one of their sentencing polices in 2016. Aggravated assault is no longer a crime that sentences a 10 to 20 or 20 to Life mandatory minimum statue, under SB 228.

Georgia

Georgia, like Alabama amended their policy for food assistance programs for a case-by-case premise under Senate Bill 367.

Hawaii

The summer of 2012 the governor enacted two bills to reform the justice system for both juveniles and adults. House Bill 2515 and Senate Bill 2776, which was agreed upon by both parties, were signed to reduce the number of prisoners by reducing recidivism rates and use rehabilitation more than prisons.

Idaho

In 2005, Idaho created a group of members from the branches of government to contemplate the issues in the criminal justice system and find the most cost effective and safe practices to keep the public safe and reform the system. They have created guidelines to reduce recidivism rates in their state. Idaho, most recently, has revised a policy for posting cash bail bonds for low-level driving offenses.

Illinois

Illinois adopted House Bill 1437, in 2016, requiring the Criminal Justice Information Authority to evaluate the reporting practices. It also regulates the requirements for reporting practices such as arrest without charges, most involving racial demographics.

Indiana

There has been framework to amend sentencing policies that coincide with the offense rather than the standard for everyone. It includes the use of rehabilitation for drug offenders to keep them out prison and tightening the ropes of offenders on probation.

Iowa

In 2016 Iowa reduced the mandatory minimum sentencing for second degree robbery offenses from seven years to five or six years. The House File 2064 also allows offenders who committed non-violent drug offenses to be released early after serving half their mandatory minimum sentence.

Kansas

In April of 2016, Kansas passed Senate Bill 367 to save money on offenders who are considered "low-risk" by serving their time helping the community while they live at home. Instead, the bill intends that the money is spent rehabilitating the "high-risk" offenders to keep them from entering the criminal justice system again after they are released. SB 367 is also aimed at fixing the juvenile justice system by categorizing them as "low-risk" offenders and keeping them out of the prison systems to lower incarceration rates.

Kentucky

Kentucky passed House Bill 40 to allow offenders to file to have their low-level conviction removed from their record. This also allows people with their felony records removed to vote.

Louisiana

Louisiana allowed House Bill 266, a "ban the box" policy that holds up the question "have you ever been convicted of a felony" on employment applications to give a fair chance to those that have. In 2016, they also passed Senate Bill 324, changing the age for juveniles to be considered criminally responsible to 18.

Maine

This reform is aimed at fixing police misconduct and the policies that impact the public of an indigent nature. In April, the governor enacted a bill that reformed the bail system, waiving fines and fee in certain cases, called LD 1639.

Maryland

With House Bill 1312, Maryland reversed the mandatory minimum sentence for drug crimes that weren't violent. It also allowed offenders that are incarcerated and can apply for aged and medical parole earlier and allowing the prison system to award more credits to offenders for finishing programs that are educational. Maryland also allowed HB 980, without the governors permission, to allow offenders in felony parole to vote.

Massachusetts

In Massachusetts, a person will no longer get their license suspended if they are convicted of a drug offense also getting rid of the fee to get your license back, under Senate Bill 2021.

Michigan

The governor signed to enact multiple bills in March of 2017. One includes Senate Bill 8, a bill that will reform the recidivism rates by applying supervision practices for offenders on probation or parole to agencies that get state funding. SB 22 is another bill that reforms the rehabilitative services to those in the age range of 18 and 22. Lastly, SB 9 reforms the reentry program to make it an easier transition back to functioning society.

Minnesota

Minnesota has become more lenient on the sale and possession laws by reducing the imprisonment time for first-degree and second-degree sales and possession charges for drugs including heroin, cocaine, and methamphetamines. With Senate File 3481, Minnesota has increased the amount for a first-degree sale and possession charge from 10 grams to 17. For offenses with violent factors such as firearms, the imprisonment term has increased. 

Mississippi

House Bill 812 was signed by the governor to regulate civil forfeiture reporting made easier for departments in the state.

Missouri

Missouri also amended their law defining the voting requirements for offenders in the state. The governor also held up the "ban the box" policy.

Montana

In October of 2017, Montana signed into law House Bill 133. This bill reforms the system by reforming sentencing for a wide range of first-time misdemeanors or by eliminating incarceration time. It also got rid of mandatory minimum sentences for felony drug offenses but revised the mandatory minimum statutes for felony sex crimes.

Nebraska

Nebraska passed three bills reforming the criminal justice system. Legislative Bill 172 which was directed towards sentencing of midlevel felon charges by reducing or getting id of the mandatory minimum sentences. LB 173 was directed towards the "three-strikes" law by reducing the requirements to only violent crimes. Lastly, LB 483 which would reenact a rule from the 1980's. This is the "one third" rule that forces judges to sentence minimum sentences that are a third of the maximum sentence.

Nevada

Nevada has reformed the policy for voting by allowing convicted felons to vote in Assembly Bill 181. They have reformed the amount of time to file for a petition to seal conviction records in Senate Bill 125 and allowing offenders who are incarcerated to speak with their families to find a job for when they reenter society in Senate Bill 420.

New Hampshire

Most recently in New Hampshire, they have decriminalized a small amount of marijuana with House Bill 640. Senate Bill 200 reduces the likeliness that you will have served jail time for not being able to afford a fine and its fees.

New Jersey

New Jersey passed a bill reforming the treatment of offenders while they are incarcerated by only allowing offenders to be housed in solitary confinement for less than 15 consecutive days at a time. S51 also prohibits solitary confinement for those with disabilities, mental illnesses, and the LGBTQ community. If an offender is housed in solitary confinement, S51 requires they are seen by a medical professional everyday for their stay.

New Mexico

The reform for New Mexico has focused mostly on making the sentencing tougher, but there has been a campaign that advocates for reform called New Mexico Safe.

New York

New York passed a 2017 Criminal Justice Reform Act only approving, so far, reforming the bail determination system, raising the age of juvenile offenders, and providing a speedy trial for all.

North Carolina

Most recent controversy about North Carolina is the passing of House Bill 142 that prevents the protection of the members in thee LGBTQ community. Senate Bill 145 puts a limit on the role of the highway department patrol enforcing federal immigration laws.

North Dakota

North Dakota has passed two bills reforming the criminal justice system in different ways. One bill, House Bill 1221, reforms the confidential informant use by the police restricting juveniles to be an informant, making sure the informant has spoken with a lawyer and both parties are aware of the safety risks. The other bill, House Bill 1195, reforms the juvenile sentencing for murder. Instead of being sentenced as an adult, if they are tried as an adult, they are sentenced as a juvenile so they won't receive the sentence of life without the option of parole.

Ohio

Most recently, Ohio has passed Senate Bill 97 to increase the amount of time someone who has committed a crime with a weapon spends in prison by 50%. It also restricts offenders with a violent background and violent criminal history to buy or use a firearm. They have also passed a variation of the "ban the box" policy by requiring employers of the public to not consider the criminal background as the first thing to rule them out.

Oklahoma

Oklahoma has amended classifications for drug possession charges and property offenses to reflect as misdemeanors under State Question 780. They also approved State Question 781 to use the money funding offenders in the previous state question towards rehabilitation instead. In 2016, Oklahoma also held up the "ban the box" policy.

Oregon

Most recent efforts from Oregon is a complain, They Report to you, to make the criminal justice system clearer to the average person, focus on the reason an offender commits a crime but also with a prevention and rehabilitative approach.

Pennsylvania

Reform in Pennsylvania has enacted a Senate Bill 100, Criminal Justice Reform Act that changes laws such as sending offenders who violate parole conditions to a community correction center instead of prison and to sentencing offenders of misdemeanor level offenses to prison.

Rhode Island

Rhode Island has passed a human trafficking reform this past year (2017) and a Juvenile Reinvestment package.

South Carolina

The age for criminal responsibility was increased with Senate Bill 916 to age 17.

South Dakota

South Dakota has eliminated the life without the option of parole for juveniles completely for people under 18 years-old when they committed the crime with Senate Bill 140.

Tennessee

In recent years, many groups have been created to battle the task of reforming the criminal justice system. They all aim to impact the bail system, and juvenile justice. In 2017 a juvenile justice reform bill was passed that makes judges let juveniles know when they can and can't expunge their record and lowered the age of allowing them to do that to 17.

Texas

Texas, just like Alabama, Missouri, and Georgia has reformed the voting eligibility requirements for offenders based on their cases.  

Utah

With House Bill 405, Utah also eliminated the life without parole for juveniles under 18 for capital offenses.

Vermont

In 2016, Vermont granted House Bill 95 and got rid of the discretion for the state to charge juveniles as adults for certain and less serious offenses.

Virginia

The governor pushed executive orders that allowed about 70,000 people who have completed their sentence, parole included to vote in 2016.

Washington

Washington has reformed their sentencing structure also while restructuring their discretionary powers for those involved in the criminal justice system. In September 2017, the voting rights of people with felony convictions were reenacted allowing them to vote once their sentence is completed. Another reform Washington is working towards is bail reform.

West Virginia

Senate Bill 393 was passed in April 2015 to reform the juvenile justice system by keeping the juveniles at home instead of incarcerated.

Wisconsin

Wisconsin has also recently adopted a form the "ban the box" policy to require the employers of state jobs to hold off on asking about any criminal convictions until the end of the application process in the Wisconsin Act 150. The state has also pursued more options for those who committed low-level nonviolent crimes out of prisons and jails and more resources in the community in Assembly 657. They have also tightened the penalty process for repeat offenders of driving while intoxicated in AB 536 and Senate Bill 455.

Wyoming

One bill in 2017 aimed at fixing the criminal justice system wasn't passed in the Senate. It was aimed at reforming sentences and reforming the parole and probation violations and the conditions and resentencing.


Maps Criminal justice reform in the United States



Arguments

Arguments that have been advanced in support of criminal justice reform include that the prison population of the United States costs about $80 billion per year to maintain. Supporters of this type of reform also argue that the War on Drugs has been a failure. Conservatives who support criminal justice reform are also often concerned about the fiscal and moral impacts of mass incarceration. The proposed reforms have been criticized by some who claim the reforms are driven primarily by cost benefit analysis and recidivism, not a concern for justice and human rights, including sociologist Marie Gottschalk, who stated "cost-benefit analysis is one of the principal tools of the neoliberal politics on which the carceral state is founded."


Mass Incarceration: The Whole Pie 2016 | Prison Policy Initiative
src: static.prisonpolicy.org


Reforms

In 2015 a number of reformers, including the ACLU, the Center for American Progress, Families Against Mandatory Minimums, Koch family foundations, the Coalition for Public Safety, and the MacArthur Foundation, announced a bipartisan resolution to reform the criminal justice system in the United States. Their efforts were lauded by President Obama who noted these reforms will improve rehabilitation and workforce opportunities for those who have served their sentences.


The 2017 Criminal Justice Reform Act | The State of New York
src: www.ny.gov


Reform Globally

As an example, in 2016, it was reported that Britain was considering reforming its own criminal justice system in similar ways that Texas had done so in recent years.

There is an organization called the United Nations Office of Drug and Crime. They advocate for criminal justice reform globally as well. They advocate for reform in the police departments, prosecutorial reform, court reform, prison reform, and mostly for restorative justice. UNODC helps countries develop plans such as legislature to pass to reform their entire criminal justice system. They also work closely with other groups mostly fixating on the global drug problem.


History of United States prison systems - Wikipedia
src: upload.wikimedia.org


References

Source of article : Wikipedia