Report Finds Criminal Justice Reforms across the Nation

by Mark Wilson

In 2012, 6.98 million Americans were under some form of correctional supervision, with 2.2 million in prison or jail and another 4.8 million on probation or parole, according to a January 2013 report of The Sentencing Project (TSP). The United States now has the highest incarceration rate in the world, at 716 per 100,000.

Of course, States are learning the hard way that there is a heavy price to pay for this dubious distinction. Detroit and other major American cities are going bankrupt and education and health care budgets are shrinking dramatically, while corrections spending grows unabated and at alarming rates.

The fiscal pain is becoming so unbearable that officials at every level of government are scrambling to find ways to cut spending. They are finding, however, that every government service and safety net - except public safety - has already been cut to the bone, and beyond. That reality is forcing lawmakers to reluctantly turn their attention to the source of the problem; America’s broken criminal justice system.

The early returns are promising. “In recent years there have been modest declines in more than half of state prison populations,” the report noted. Prison populations in 26 states declined by 28,582, or 1.5 percent in 2011, according to TSP. “During 2012, at least six states closed 20 prison institutions or contemplated doing so, potentially reducing prison capacity by over 14,100 beds and resulting in an estimated $337 million in savings.”

In 2012, lawmakers in at least 24 states adopted criminal justice reforms designed to continue downsizing prison populations and eliminate re-entry barriers, while promoting effective public safety practices, the report found.

Sentencing Reforms

“Lawmakers in 18 states adopted sentencing policy measures to manage state prison populations during 2011,” according to TSP. Those reforms resulted in cost-savings by positively impacting both the number of new prison admissions and sentence lengths. This included limiting the use of incarceration for certain low-level offenders, eliminating disparate drug sentencing policies, and easing mandatory minimum sentencing practice. “Seven states - Alabama, California, Missouri, Massachusetts, Kansas, Louisiana and Pennsylvania - revised mandatory penalties for certain offenses including crack cocaine possession and drug offense enhancements,” the report found. At least seven states - Colorado, Connecticut, Massachusetts, Oklahoma, Oregon, Rhode Island and Washington - also decriminalized, or significantly reduced criminal penalties for marijuana possession.

Probation and Parole Policy Reforms

“Many states that aim to manage prison populations have prioritized reducing returns to prison for persons supervised on probation and parole,” the report noted. “In 2012, at least eight states enacted efforts to address supervision policies that may contribute to state prison admissions.”

“Seven states - Colorado, Delaware, Georgia, Hawaii, Louisiana, Missouri and Pennsylvania - expanded the use of earned time for eligible prisoners and limited the use of incarceration for probation and parole violations,” researchers found. “During 2012, several states enacted legislative measures to reduce prison time served as an incentive for good behavior and successful participation in rehabilitation programs that include vocational training, education and substance abuse treatment.”

Death Penalty and Juvenile LWOP Sentencing Reforms

In 2012, Connecticut abolished its death penalty and Maryland followed suit in 2013. Today, eighteen states and the District of Columbia have eliminated capital punishment.

“The death penalty as practiced ... is neither fair nor just; and it is not swift or certain,” declared Oregon Governor John Kitzhaber, MD, as he imposed a moratorium on Oregon’s death penalty and urged lawmakers and voters to revisit the issue. “It is not applied equally to all. It is a perversion of justice.”

In 2010, the United States Supreme Court held in Graham v. Florida, 130 S.Ct. 2011 (2010) that life without parole (LWOP) sentences may not be imposed against juveniles convicted of non-homicide offenses. Two years later, the Court expanded on its Graham holding to conclude in Miller v. Alabama, 132 U.S. 3455 (2012) that mandatory juvenile LWOP sentences for homicides are unconstitutional. Following those decisions “three states - California, Louisiana and Pennsylvania - authorized sentencing relief for certain individuals sentenced to juvenile life without parole” sentences, according to TSP. Several other states also passed other juvenile sentencing reforms in 2012.

“Today, there are about 2,600 individuals who were sentenced to juvenile, life without parole,” notes TSP. “The Supreme Court’s decisions in Miller and Graham demand that state lawmakers address this unfair sentencing option. The United States is the only country in the world that sentences juveniles to life without parole; state lawmakers should eliminate this sentence option completely.”

Collateral Sentencing Reforms

“The number of Americans with felony convictions has grown to 19.8 million adults or 8.6% of the adult population,” according to TSP. “The stigma of prior involvement with the criminal justice system can minimize job opportunities, deny civic participation, and limit access to housing.” Recognizing these hard truths, lawmakers in at least 11 states - Colorado, Delaware, Georgia, Indiana, Louisiana, Missouri, North Carolina, Ohio, Tennessee, Utah and Vermont - passed laws to eliminate or relax barriers imposed by the “collateral sanctions” of a felony conviction. Those reforms include altering felon voter disenfranchisement laws and practices, changing discriminatory housing and employment policies and expanding expungement relief opportunities.

While these early reforms are encouraging, TSP urges that more must be done, and soon. “Particular attention should be given to reforming mandatory minimums and parole release mechanisms as policies that can work to reduce state prison populations,” encourages The Sentencing Project. We couldn’t agree more.

Source: “The State of Sentencing 2012, Developments in Policy and Practice,” by Nicole

D. Porter, (Jan 2013) available at www.sentencingproiect.org or The Sentencing Project, 1705 DeSales St., NW, 8^,h Floor, Washington, D.C. 20036.

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