By Sarah L. Desmarais, David A. D’Amora, Lahiz P. Tavárez

These guidelines were developed to promote accuracy, fairness, transparency, and effective communication and use of risk and needs assessment instruments to inform decision making following conviction. Whatever the setting, the guidelines presume that the intended use of post-conviction risk and needs assessment instruments is to support accurate, fair, and transparent decisions regarding a person’s risk of recidivism. These guidelines also presume that the purpose of post-conviction risk and needs assessment instruments is, ultimately, to promote public safety and positive outcomes for people in the criminal justice system through the least restrictive means possible.

This project was accomplished through the collaborative efforts of researchers, risk and needs assessment instrument developers, practitioners, and leaders in the field who gave generously of their time and expertise over the course of 2.5 years. It draws on an extensive review of literature and related research, observations from the field, feedback from national experts, several multidisciplinary forums and advisory group discussions, and a rigorous review process.

Advancing Fairness and Transparency: National Guidelines for Post-Conviction Risk and Needs Assessment is a resource for making decisions that help people succeed after a conviction. The guidelines were developed by the Bureau of Justice Assistance (BJA) and The Council of State Governments Justice Center. They promote fairness, transparency, and accuracy in the use of risk and needs assessment instruments.

The guidelines are intended to be used by policymakers, researchers, practitioners, and agency administrators. They can help inform decisions and case planning after a conviction and sentencing, or in alternative forms of criminal justice processing.

The guidelines include recommendations for promoting accuracy, such as: Conducting a local evaluation of the assessment instrument, Meeting minimum performance thresholds, and Using a continuous quality improvement process.

New York: Council of State Governments, Justice Center, 2022. 54p.

By: Heather Schoenfeld , Kimberly Rhoten and Michael C. Campbell

In recent years US prisons have failed to meet legally required minimum standards of care and protection of incarcerated people. Explanations for the failure to protect prisoners in the United States focus on the effects of the Prison Litigation Reform Act (PLRA) and lack of adequate external oversight. However, very little scholarship empirically examines how different systems of accountability for prisoners’ rights work (or do not work) together. In this article, we introduce an accountability framework that helps us examine the prisoners’ rights “accountability environment” in the United States. We then compare two post-PLRA case studies of failure to protect incarcerated women from sexual assault in two different states. We find that the prisoners’ rights accountability environment is a patchwork of legal, bureaucratic, professional, and political systems. The patchwork accountability environment consists of a web of hierarchical and interdependent relationships that constrain or enable accountability. We argue that ultimately the effectiveness of prisoners’ rights accountability environments depends on whether protecting prisoners’ rights aligns with the priorities of dominant political officials. Our argument has implications for efforts to improve prison conditions and incarcerated people’s well-being.

Law & Social Inquiry Volume 00, Issue 00, 1–30, 2024

By: Mirko Bagaric and Morgan Begg

1. The objectives of the criminal justice system should be to ensure that incarceration is preserved for violent offenders and those who have perpetrated crimes of a sexual nature. The incarceration of low-risk, and non-violent offenders adds significant economic and social costs without delivering a benefit to the community in terms of improved safety outcomes.

2. The NSW government should recognise that the use of the prison system should be reserved for the most fearful and threatening offenders, those who must be incapacitated to reduce harms to society. By definition, white-collar criminals are non-violent who pose no physical threat to society. Incarceration should be a solution for only the most threatening to society. In the case of white-collar criminals, the aims of punishment can be equally achieved through other means, such as garnishing wages, severe financial penalties, and technological incarceration, which may be more effective at incapacitating white-collar criminals from recidivism.

3. In sentencing fraud offenders, courts should take into account three key considerations: (i) community protection; (ii) the principle of proportionality (the punishment should fit the crime); and (iii) the interests of victims, which is best promoted through reparation.

Melbourne: Institute of Public Affairs, 2022. 32p.

By Caroline Cohn, Margaret Love, et al. - National Consumer Law Center, Inc. and Collateral Consequences Resource Center

For the nearly one-third of adults in the U.S. with a record of arrest or conviction, their record is not simply part of their past but a continuing condition that impacts nearly every aspect of their life. Their record makes it hard to get a job and support a family, secure a place to live, contribute to the community, and participate fully in civic affairs.

In recent years, most states have passed laws aimed at restoring economic opportunity, personal freedoms, and human dignity to millions of these individuals by providing a path to clear their record. But for too many, this relief remains out of reach because of monetary barriers, including not only the cost of applying for record clearing but also the requirement in many jurisdictions that applicants satisfy debt incurred as part of the underlying criminal case before they can have their record cleared. This can be a high bar: the total amount of fines and fees can run to thousands of dollars for even minor infractions and can be considerably higher for felonies.

People prevented from clearing their record because they cannot afford to pay are usually those most in need of relief. And, perversely, because a record significantly impairs economic opportunity, having an open record makes it harder to pay off fines and fees and therefore harder to qualify for record clearing. This burden falls especially heavily on Black and Brown communities, which are more likely to have high concentrations of both criminal records and poverty because of structural racism in criminal law enforcement and in the economy. Ability-to pay tests and similar waiver approaches to reduce or eliminate monetary barriers to record clearing have been shown to be poor safeguards in many contexts.

FINDINGS: NATIONWIDE SURVEY OF COURT DEBT AS A BARRIER TO CLEARING A CONVICTION RECORD

This report explores the extent to which restricting access to record clearing based on outstanding criminal fines, fees, costs, and restitution—collectively known as “court debt”—may prevent poor and low-income people from getting a second chance. After surveying research on the importance of record clearing and the mushrooming financial burdens imposed on criminal defendants, it analyzes the extent to which outstanding court debt is a barrier to record clearing under the laws of each of the 50 states, the District of Columbia, and the federal system. Our study focuses in particular on generally applicable statutory authorities for clearing adult criminal convictions; it excludes record-clearing authorities available for other categories of records (e.g., non-conviction records) or for specific categories of individuals (e.g., victims of human trafficking).

We found considerable variation and complexity in how jurisdictions treat outstanding court debt in the context of conviction record clearing. We identified six general categories into which jurisdictions fall, and we analyzed the specific details of each jurisdiction’s law.* The map below shows how we categorized each state, with a legend describing in general terms the criteria for inclusion in each category.

Our research revealed the following:

• In almost every jurisdiction, outstanding court debt is a barrier to record clearing in at least some cases, either rendering a person entirely ineligible for record relief or making it difficult for them to qualify for this relief.

• At the same time, however, only 6 of the 50 states require payment of all court debt in order to qualify for record clearing—evidence that most state policymakers do not think that all court debt should have to be paid off for an individual to benefit from record clearing.

• While some of the states that have enacted automatic record-clearing laws do not restrict eligibility based on outstanding court debt, others do, such that making record-clearing automatic does not necessarily obviate this monetary barrier.

• In many states it is difficult to determine the relevance of outstanding court debt in the record-clearing context, and even more difficult to predict whether a person with outstanding court debt will be successful in obtaining relief. This uncertainty makes it difficult both to understand eligibility for record clearing and to successfully navigate the application process, and it creates the potential for inconsistencies in how the law is applied and who obtains relief.

Although this report focuses on how court debt operates as a barrier to record clearing for those without the means to pay, it also describes the variety of filing and administrative fees that often must be paid to apply for record clearing. The high cost of application also creates a barrier to a fresh start

RECOMMENDATIONS

Based on our research, we offer the following recommendations:

1. Court debt should never be a barrier to record clearing: Qualification for record clearance should not be conditioned on payment of court debt, and outstanding court debt should not be a basis for denying relief, regardless of whether record clearing is petition-based or automatic.

2. Application-related costs, including filing fees, should never be a barrier to record clearing: States should adopt automatic record-clearing processes that do not require individuals to incur costs to have their records cleared. States with petition-based record clearing should not require people seeking relief to pay any filing fees or other costs to submit a petition or to obtain or effectuate relief.

3. Jurisdictions should collect and report data on monetary barriers to record clearing: Jurisdictions where record clearing may be denied on the basis of outstanding court debt should collect and report data reflecting the impact of these barriers on record clearing. Jurisdictions should also collect data reflecting the impact of filing fees and other application-related costs on obtaining relief

National Consumer Law Center, Inc. and Collateral Consequences Resource Center 2022. 62p.

By Margaret Love & Nick Sibilla

At the beginning of each year since 2017, CCRC has issued a report on legislative enactments in the year just ended, describing and evaluating new laws aimed at reducing the barriers faced by people with a criminal record in the workplace, at the ballot box, and in many other areas of daily life. These annual reports have documented the steady progress of what our report three years ago characterized as “a full-fledged law reform movement” aimed at restoring rights and dignity to individuals who have successfully navigated the criminal law system. This modern law reform movement is grounded in and inspired by the circumstance that almost a third of adults in the United States now have a criminal record, which entangles them in a web of legal restrictions and discrimination that consigns them to a permanent second-class citizenship. It reflects a public recognition that the “internal exile” of such a significant portion of society is not only unsafe and unfair, but it is also profoundly inefficient. Last year we reported that the legislative momentum had slowed somewhat, and this year it has slowed still further. Only a handful of states enacted significant new laws in 2023, most in the form of new record-clearing schemes. We attribute this slowdown in part to how much has been accomplished in legislatures across the country in the past seven years in dealing with the basic rights of those who have successfully navigated the criminal law system. For example, more than half the states now allow people with a felony conviction to vote unless they are actually incarcerated. And, almost every state has taken some steps to ensure that employers and licensing agencies do not discriminate against people with a criminal history. Most states have also taken steps to limit public access to some criminal records. It is especially gratifying that just since we published our Model Law on Non-Conviction Records in 2019, a dozen states have adopted its recommendation that records of dismissed charges be automatically expunged. It remains to be seen whether the coming year will mark a return to the torrid pace set by legislatures across the country between 2018 and 2022, when more than 500 new record reforms were enacted by all but two states. Last year’s report borrowed its title (“The Frontiers of Dignity”) from the Basic Law adopted by the Federal Republic of Germany after World War II, which declared that “Human dignity shall be inviolable. To respect and protect it shall be the duty of state authority.” The report’s introduction noted that most European countries incorporate this foundational premise, as well as a concern for individual privacy, into their treatment of criminal records, by making them largely unavailable to the public and by limiting how they are used to deny rights and opportunities. In part because American legal systems are not similarly grounded in respect for dignity and privacy, our progress toward a fair and efficient criminal records policy has been slow and uneven. Yet it has been steady, animated in recent years both by a concern for racial justice and by economic self-interest. This report, like our past annual reports, attempts to capture this steady progress toward recognizing the worth and dignity of the millions of Americans whose past includes a record of arrest or conviction.

Arnold, MO: Collateral Consequences Resource Center 2024. 25p.

By JESSICA REICHERT, RYAN MARANVILLE, EVA OTT HILL

Persons reentering the community after prison face many obstacles that have been shown to reduce recidivism, such as securing employment. Like many states, Illinois operates work release centers allowing prisoners nearing the end of their sentence to work in the community and stay in the correctional facility when not working. Although the research is limited, these programs have been shown to be successful at increasing post-release employment, increasing hours worked, and reducing recidivism. We described characteristics of 1,580 participants in Illinois’ four Adult Transition Centers (ATCs) and examined differences in characteristics associated with rearrest and reincarceration. We found age, gender, and ATC facility were associated with rearrest and reincarceration. We found, as well, that recidivism risk, offense type, prior arrests, prior incarcerations, and length of stay were associated with rearrest. We recommend consistently measuring risk and tailoring services to the needs of the participant population.

Chicago: Illinois Criminal Justice Information Authorisy 2023. 17p.

By Jessica Reichert, Ryan Maranville, Eva Ott Hill

Introduction

In 2022, over 16,000 persons exited prison in Illinois (Illinois Department of Corrections, n.d. b). Employment is a major factor in successful community reintegration after prison release. Not only is it important to formerly incarcerated individuals, families, and their communities it is also associated with lower rates of recidivism (Berger-Gross, 2022; Flatt & Jacobs, 2018; Nally, et al., 2014; Yang, 2017). However, formerly incarcerated persons face many barriers to employment, such as stigma by employers; restrictions or prohibition to some jobs because of criminal records; lack of or gaps in work experience; and deficits in human capital, such as inadequate education, training, or vocational skills (Pogrebin et al., 2014). These barriers keep the formerly incarcerated from being competitive in the labor market. Even years after release, these individuals consistently have low rates of employment (Looney & Turner, 2018). The jobs that are available are often low-skill, seasonal, temporary, and part-time. They provide low wages and limited, or no, benefits. While most individuals struggle to obtain employment post-release, certain groups are at a greater disadvantage because of race and gender (Pew Charitable Trusts, 2010; Western and Sirois, 2019). Both race and gender affect earnings and employment (Carson, et al., 2021; Couloute & Kopf, 2018). Prison and community reentry programs can help increase individuals’ probability of post-release employment. However, such programs are not sufficiently available to serve all who need them.

In order to examine employment following release from Illinois prisons, ICJIA collaborated with the Illinois Department of Corrections (IDOC) and the Illinois Department of Employment Security (IDES). We sought to answer the following main research questions:

• What types of employment did formerly incarcerated individuals obtain after release?

• What were the employment and wage trends of individuals released from prison in recent years?

• What were the characteristics of those who obtained and did not obtain employment?

• What individual characteristics and employment sector impacted length of employment and earnings?

Methodology

We matched individual IDOC state prison data to IDES state employment data. This research was approved by the ICJIA Institutional Review Board. Our sample was made up of 4,430 persons who exited prison in 2018, and we tracked their employment through 2021. Most of the individuals in the sample were Black males with an average age of 37.

We ran descriptive statistics, t-tests, and linear regressions to examine employment patterns and outcomes. The data were analyzed using IBM SPSS Statistics, Version 23.0. We performed independent sample t-tests for those who were employed to examine differences in mean length of employment and mean wages based on industry. We performed linear regression to examine differences in sample characteristics and length of employment and wages following prison release.

Study limitations include the absence of some variables of interest, such as vocational program participation and education levels of releasees. We also were unable to know whether individuals had non-taxed or out-of-state employment or if they were unable to work due to jail stays, disability, or death. Finally, the COVID-19 pandemic had an impact on employment during two of the years that we examined (2020 and 2021). This impact means our trends will vary from previous or subsequent years of data.

Discussion of Key Findings

Formerly Incarcerated Had High Unemployment

Following release from prison people in the sample had a relatively high unemployment rate of 45.5%. This rate was higher than both the state rate and rates found in prior studies (Couloute & Kopf, 2018; U.S. Bureau of Labor Statistics, n.d.-a). A possible explanation is that COVID-19 affected rates of employment/unemployment in the United States beginning in early 2020 (U.S. Department of Labor Statistics, 2021). At present, however, the United States is experiencing a lower unemployment rate than when COVID-19 took hold in 2020 (U.S. Bureau of Labor Statistics, 2023). This increased demand for workers could potentially benefit the formerly incarcerated. As prior research has indicated, ex-prisoners and their employment have been sensitive to labor market conditions and job availability upon release (Schnepel, 2018; Yang, 2017).

Individuals Had Relatively Low Earnings Post-Release

The average income for those employed in our sample was $8,998 annually, which is lower than the 2021 individual federal poverty level (U.S. Department of Health and Human Services, n.d. b). Low earnings for formerly incarcerated persons have been found in prior studies (Looney & Turner, 2018; Western, 2018). In our sample, the hourly rate, as calculated by our team, was $10.42 per hour, which was lower than the state of Illinois rate of $11 (U.S. Department of Health and Human Services, n.d.-c). Other researchers have also found low hourly rates (Visher et al., 2008). In addition, findings from prior studies have led researchers to conclude that employment is vital to meet basic needs and to lower recidivism for the formerly incarcerated (Flatt & Jacobs, 2018; Nally, et al., 2014; Yang, 2017). Coupled with such findings our evidence indicates a need for increased in-prison educational and vocational programming along with a reduction in socially held stigma and unnecessary background checks (Finlay, 2009).

Persons who Were Black Experienced Lower Employment and Wages Than Those of Other Races

In our study a higher proportion of Black persons than persons of other races were unemployed. They also had lower wages after release. Such disparities have been found in prior literature (Pew Charitable Trusts, 2010; Western and Sirois, 2019). Prior literature also has indicated that challenges to employment following prison were greater for Black persons (Pager et al., 2009; Wheelock & Uggen, 2005; Western & Sirois, 2019) due in part to a lack of employment opportunities (Clear et al., 2003; Morenoff & Harding, 2014; Roberts, 2004; Sampson & Loeffler, 2010). Therefore, there is a need for investment in prisoner reentry and support services (Reichert, 2019; Travis et al., 2001; Visher & Farrell, 2005).

Women Worked More but Earned Lower Wages

Following prison, women in our sample were slightly more likely to be employed than men, but they earned less. This finding is consistent with prior research into women’s employment after incarceration (Carson, et al., 2021; Couloute & Kopf, 2018). Researchers have found, for example, that formerly incarcerated women and men encountered similar barriers to post-release employment, such as a lack of education and job skills and overall limited career opportunities. However, in this study, women had very different experiences and responsibilities both prior to incarceration and after release. Women had much higher rates of prior physical or emotional abuse, which can create obstacles to employment and contribute to their having to live in poverty. In addition, since formerly incarcerated women were more likely than men to be primary caretakers for minor children, they faced this additional obstacle to post-release employment (Seville, 2008). As one government report advised, women should be supported to find employment, learn skills, and gain other supports, such as childcare (Substance Abuse and Mental Health Services Administration, 2020). For women in the IDOC system only one work release center is available. This center has demonstrated success in improving employment outcomes for women post-release, thereby suggesting the need for and feasibility of its potential expansion (Jung & LaLonde, 2019).

More Employment and Higher Pay in Certain Sectors

The Bureau of Labor Statistics categorizes work into two supersectors: service providing and goods-producing. Of the people in our sample who were employed, over 91% were employed in the service providing supersector as opposed to 32% in the goods-producing supersector. (Some persons worked more than one job across supersectors during the time period studied.) Of those working in the service providing supersector, the largest proportion - over one-third - worked in the “administrative support and waste management and remediation services” sector. During the COVID-19 pandemic, however, this sector had a sharp decline, which may have affected, or continue to affect, formerly incarcerated workers (U.S. Department of Labor Statistics, 2021). Although typically offering low wages, jobs in this sector can be attained by those with limited skills; and employees in this sector are projected to remain in demand (Illinois Department of Employment Security, n.d.). Overall, the overarching service providing supersector employed a large majority of our sample but those who worked in the goods-producing supersector worked longer and had higher wages. Goods-producing industries include agriculture, forestry, fishing, and hunting; mining; construction; and manufacturing. The highest earnings for our sample were in educational services followed by manufacturing, construction, management, and wholesale trade. Again, considering current low unemployment and high demand for workers within the goods-producing fields, employers may be extra willing to hire formerly incarcerated persons (James, 2023). Job training prior to or after release can help the formerly incarcerated obtain promotions and higher wages (James, 2023) and could orient them towards sectors which demonstrate a willingness to both hire and pay well.

IDOC Supportive Programs were Associated with Better Employment Outcomes

We found that participants in IDOC Kewanee Life Skills Re-Entry Center and Illinois work release centers were more likely to have longer employment and higher wages post-release. Prior research on similar work release programs has revealed positive outcomes for participants, such as increased employment and hours worked. This finding suggests that these programs are viable substitutes for traditional correctional programming and ought to be expanded if resources allow (Duwe, 2013; Jung, 2014; Visher et al., 2004). Further research should be conducted to best determine their potential for aiding in successful reentry.

Conclusion

Our sample of 4,430 persons released from IDOC in 2018 had high unemployment and low earnings when tracked through 2021. We found additional employment and wage disparities for Black persons and women. The largest proportion of workers, nearly one-third, worked in administrative support and waste management and remediation services. Those working in the education sector made the highest wages. Those who worked in goods-producing industries rather than service industries had higher wages and longer lengths of employment. Based on our findings, the state as well as local communities should invest in reentry support. Fortunately, the state is experiencing low unemployment and a demand for workers, so this may be a timely opportunity to assist formerly incarcerated individuals with job attainment. Jobs will help them pay for basic expenses for themselves and their families as well as reduce recidivism and taxpayer costs.

Chicago: Illinois Criminal Justice Information Authority. 2023. 38p.

By Magnus Lofstrom and Brandon Martin, with research support from Sean Cremin

Key Takeaways: Since a 2009 federal court order to reduce prison overcrowding, California has been at the forefront of reforms aimed at reducing incarceration. One critical reform, Proposition 47—passed by voters in 2014— continues to be at the center of policy discussions. Under Prop 47, prison and jail populations plummeted as did arrests for drug and property crimes after certain offenses were reclassified from felonies to misdemeanors. Furthermore, lower prison populations and expenditures have led to $800 million so far in savings that provided funding for treatment and diversion programs. But Prop 47 may not be the most important change to the criminal justice system in recent years; the pandemic brought challenges that have had lasting impacts on incarceration and enforcement. Driven by larcenies, property crime jumped after Prop 47 compared to the nation and comparison states; with no further deviations until 2021, partly driven by commercial burglaries. Violent crime also diverged over the last decade, with the sharpest deviation at the start of the pandemic. Two years after Prop 47, California’s clearance rate—or reported crimes that lead to an arrest and referral to prosecution—for property crime dropped 3 percent. It then dropped 7 percent in 2022, signaling that a person is half as likely to be apprehended for property crime today, compared to 2014. The clearance rate for violent crime has remained relatively stable for two decades. Jail and prison populations have dropped by a total of 30 percent, but the impact on crime has been modest and limited. With Prop 47, only a rise in auto thefts (3.9%) and car break-ins (3.7%) is tied to lower incarceration; with the pandemic, it was a rise in auto thefts (1.6%) and commercial burglaries (2.1%). After Prop 47, lower clearance rates for larceny (theft without force or threat of force) led to a modest rise in property crime, with more burglaries (2.9%), auto thefts (1.7%), and larcenies (1.1%). After the pandemic, lower larceny clearance rates led to a rise in car accessory thefts (7.3%) and car break-ins (3.9%); burglary clearance rates also dropped, raising commercial burglaries (3.2%). No evidence suggests that changes in drug arrests after Prop 47 or after the pandemic led to any increases in crime. Due to data limitations, we were not able to assess whether Prop 47 or the pandemic led to any changes in substance use and addiction. Focusing on retail theft, fewer cleared property crimes after both Prop 47 and the pandemic led to a rise in commercial burglaries; a drop in the jail population post-pandemic is also tied to a rise in commercial burglaries. Evidence is clearer that retail theft increased due to pandemic responses by the criminal justice system, and the increases were of greater magnitude than increases due to Prop 47. This report builds on our previous research and is the culmination of a year-long effort to examine the impact of Proposition 47 as the reform approaches its 10th anniversary, as well as the impact of the pandemic-related criminal justice responses; it is not an analysis of recently enacted or proposed legislation or upcoming ballot initiatives such as Proposition 36. Determining the factors that can reverse falling rates for cleared property crimes—and in turn raise the likelihood of being apprehended—should be a top priority for California’s policymakers. Legislators also should seek evidence-based alternatives to incarceration, which shows limited success with preventing crime. Understanding these factors and alternatives is vital to developing criminal justice policies, especially as research consistently finds that increasing the likelihood of being apprehended is a more effective strategy for preventing crime than harsher penalties or longer sentences.

San Francisco: Public Policy Institute of California, 2024. 35p.

By Darrel Thompson and Ashley Burnside

Individuals with prior felony convictions, incarcerated or not, often face “collateral consequences,” which are significant barriers imposed in addition to their sentences that can range from being denied employment to losing voting rights. Some states subject people with a drug-related felony conviction to restrictions or complete bans on food assistance under SNAP (Supplemental Nutrition Assistance Program, formerly food stamps), cash assistance through TANF (Temporary Assistance for Needy Families), or both. This practice began in 1996 under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). The act imposes a lifetime ban on SNAP and TANF for those with a previous drug felony conviction, whether they have completed their time in jail or prison or received a lighter sentence due to the nonviolent and/or low-level nature of the offense. States, however, can opt to remove or modify the ban. And all states and the District of Columbia except for one, South Carolina, have either modified or removed the ban for at least one program, recognizing that it is not an effective crime deterrent, fails to address substance use disorders, and impedes reconnecting formerly incarcerated people to their families and communities. Successful reentry into society from the criminal justice system requires being able to meet basic needs such as food, health care, and housing as well as access to employment and training services. Some individuals may also need child care and/or mental health and substance use disorder treatment. Denying access to basic needs programs makes it harder for people with convictions to get back on their feet. Such exclusions are racist: they are grounded in stereotypes about who receives public assistance, and they are especially punitive for Black and Latinx communities due to the War on Drugs’ uneven enforcement of drug laws and targeting of communities of color with low incomes. This has resulted in the conviction and incarceration of disproportionate numbers of Black and Latinx people, especially Black men.1 According to the Sentencing Project, one in three Black males born in 2001 will be imprisoned at some point in their lives, compared to one in six Latinx men and one in 17 white men.2 When considering educational attainment, young men of color without a high school diploma, especially Black men, are most at risk of incarceration. In 2010, for instance, nearly one-third of Black males ages 25 to 29 who dropped out of high school were incarcerated or institutionalized.3 For women, incarceration rates have risen exponentially in recent years. While fewer women than men are incarcerated, the total number of women who have been arrested has increased by 25 percent over the past 35 years, while decreasing by 33 percent for men.4 Women, moreover, are more likely than men to be convicted of a drug offense: 26 percent of incarcerated women were convicted of a drug offense in 2018, compared to 13 percent of men, according to the Sentencing Project.5

Washington DC: CLASP, 2022. 9p.

By Melissa Young, Clarence Okoh, and Jason Whyte

Now more than ever, Congress has a national imperative to advance comprehensive policy reforms that seek to remedy the harms caused by the criminal legal system, heal communities, and restore rights and access to opportunity. The federal Reentry Employment Opportunities (REO) Program has the potential to be a critical programmatic element of a comprehensive effort.

In this brief, the Center for Law and Social Policy (CLASP) and the National Reentry Workforce Collaborative (NRWC) offer a set of recommendations to strengthen and modernize the REO program to ensure that a greater number of people impacted by the criminal legal system have access to quality jobs through effective, equitable, and culturally responsive practices.

Our recommendations are grounded in the perspectives of current REO programs, partners, and intermediaries across the country. Additionally, our recommendations build from two recent proposals to codify the REO program from Senator Gary Peters (D-MI) through the Reentry Employment Opportunities Act of 2020 (Senate Bill 4387) and the House-passed Workforce Innovation and Opportunity Act of 2022 (House Bill 7309).

Washington, DC: CLASP, 2022. 6p.

By Deanie Anyangwe & Alycia Hardy

According to a 2010 Pew Charitable Trust report, more than 1.1 million men and 120,000 women incarcerated in jails and prisons in the United States have children under the age of 17, and 2.7 million children nationwide have one or both parents incarcerated. As more attention has been paid to the negative consequences of incarceration on families in recent years, different localities have undertaken new efforts to mitigate the impact of the criminal legal systems. Most recently, there have been federal efforts to offer alternatives to incarceration to parents and caregivers. In 2021, the OJJDP began a new grant program titled the Family-Based Alternative Sentencing Program.

In this report, we analyze the landscape for family-based alternative sentencing programs to assess the effectiveness of these programs in meeting their program goals. We specifically focused our analysis on two programs funded by OJJDP’s Families Based Alternative Sentencing Program: Lehigh County, PA and Washtenaw County, MI. Additionally, we conducted an in-depth analysis of a state-funded program in Washington County, Oregon with more longevity to get a better sense of how these programs function over time. As we outline what we have learned from the field, we will be drawing particular attention to the challenges and barriers in planning and implementation, the equity and justice-related implications of these programs, and the nuances in how these programs are functioning. In highlighting the challenges with facilitating these programs, we hope to demonstrate the need for alternatives to incarceration that address immediate needs for caregivers and children, minimize the power of the police state, and support program improvements that increase accessibility and utilization by those targeted for criminalization, all while pushing for a shift away from incarceration altogether and working toward keeping families and communities unified, safe, and well. We offer policymakers, practitioners, and advocates considerations and recommendations for non-coercive alternatives to incarceration that support the autonomy, well-being, and safety of children and families.

Washington DC: CLASP: 2023. 43p.

By Texas Defender Service

No one should be forced to serve a prison sentence—or face the death penalty and be executed—because they were convicted based on unreliable forensic evidence. But the reality is that scores of innocent people are serving prison terms, or even facing execution, simply because their juries trusted forensic evidence—from DNA to fingerprints to ballistics—that was later found to be untrustworthy. Yet for years, in both Texas and across the country, people who were convicted based on flawed forensic evidence had no legal recourse in the courts to be relieved of their convictions. Then, just over a decade ago, the Texas Legislature took a revolutionary step forward for people who were wrongfully convicted based on flawed forensics: it passed Texas Code of Criminal Procedure Article 11.073 (hereinafter 11.073). The first statute of its kind in the United States, 11.073 created a pathway for people whose convictions were based on false forensic evidence to show those faults and ultimately secure their freedom. Is Article 11.073 fulfilling its powerful initial vision: to grant relief to innocent people who are incarcerated on the basis of flawed scientific evidence? The answer is no. Texas Defender Service systematically examined the more than 70 cases raised under 11.073 between September 2013 and December 2023. We found that 11.073 is not working to provide relief to innocent people convicted based on false or unreliable forensic evidence. Due both to the Texas Court of Criminal Appeals’s (CCA) interpretation of the statute and lack of guidance in the statute itself, 11.073 is not operating as the Texas Legislature intended: #1—The Statute Does Not Go Far Enough to Protect Innocent People Who Were Convicted Based on Junk Science: At the heart of 11.073 is the Texas Legislature’s recognition that an innocent person convicted based on flawed forensic evidence should be able to overturn their conviction if they can show (1) that the evidence was flawed and (2) that without this flawed evidence, the jury would have found them “not guilty.” This is the standard written in the statute itself, and it is designed to provide a pathway for innocent people who are serving sentences based on unreliable forensic evidence. However, in practice, the CCA does not apply this standard. Instead, it usually only grants relief if a person can show evidence strong enough to eliminate any rational basis for their conviction, such as exonerating DNA evidence or an alternate perpetrator. This is the legal “actual innocence” standard, and it is higher than the standard written in the 11.073 statute. The legal “actual innocence” standard also places an impossibly high burden on innocent people convicted based on flawed forensic evidence. For the vast majority of people who are actually innocent, meeting the high evidentiary burden of the legal “actual innocence” standard years—or decades—after their conviction is out of the question. 1 Innocent incarcerated people are al almost never in a position to do the intensive police work required to reconstruct a crime scene, uncover previously unknown eyewitnesses, or track down an alternate perpetrator. Moreover, original evidence may have gone stale, and eyewitnesses can be missing, deceased, or are no longer able to recall specific details. #2—The CCA Largely Restricts Relief to Cases Involving New DNA Evidence, Even Though Most Wrongful Convictions Are Based on Other Types of Flawed Forensic Evidence: The CCA primarily grants relief in cases involving DNA evidence, ignoring many other cases involving false forensic evidence. This is concerning because nationwide data shows that false DNA evidence is only involved in a relatively small number of wrongful convictions. #3—The CCA is Not Granting Relief to Death-Sentenced People Under 11.073: The CCA has never granted 11.073 relief to a person sentenced to death, as compared to granting relief to 31% of people who seek relief and are serving non-death sentences. Given the historically high rates of exonerations in capital cases, the total failure of the CCA to grant 11.073 claims for death-sentenced people—compared to nearly a third of all other people—is especially concerning. #4—People Without Counsel are Functionally Barred from Meaningfully Seeking Relief Under 11.073: People who represent themselves in their 11.073 applications are effectively denied access to relief under 11.073 due to their lack of legal counsel. Of the 74 applications filed and adjudicated between September 2013 and December 2023, 19 were filed by people without lawyers. Of those 19 people without lawyers, only one has ever been granted relief, a stark drop-off from the 25% of people with counsel who receive relief. #5—Procedural Bars Prevent Large Numbers of 11.073 Applications from Being Considered on the Merits: Despite having valid claims, many people who seek relief under 11.073 never receive consideration of their claims on the merits because of procedural issues. These barriers especially impact people sentenced to death and people without lawyers. Texas took an extraordinary step in enacting 11.073, but more must be done to ensure that the statute operates as the Texas Legislature intended. In this report, we recommend steps the Texas Legislature can take to ensure that 11.073 serves its intended function: creating a pathway to relief for innocent people who were convicted on the basis of false or unreliable forensic evidence. 

Austin: Texas Defender Service, 2024. 36p.

By Alexandra Gannoni and Samantha Bricknell

“The purpose of this paper is to provide a picture of trends and characteristics of Indigenous deaths in prison and police custody in the 25 years since the RCIADIC. A key focus is to describe the circumstances of Indigenous deaths in custody and how these compare with those reported by the RCIADIC and over time."The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) was established in 1987 in response to growing concern over the deaths of Indigenous people in custody. The RCIADIC (1991) found Indigenous people in custody did not die at a greater rate than non-Indigenous people in custody, but were considerably more likely to be arrested and imprisoned. The RCIADIC (1991) recommended an ongoing program be established by the Australian Institute of Criminology (AIC) to monitor Indigenous and non-Indigenous deaths in prison, police custody and youth detention. In response, the National Deaths in Custody Program (NDICP) commenced in 1992. Since then, the NDICP has collected comprehensive data on the extent and nature of all deaths in custody in Australia.”

Australian Institute of Criminology. Statistical Bulletin. No. 17. Feb. 2019. 15p.

MAY CONTAIN MARKUP

By Sheldon Glueck And Eleanor T. Glueck

The book provides a comprehensive analysis of the after-conduct of discharged offenders, focusing on the implications for reforming criminal justice:

● Causal Relations: It emphasizes the importance of understanding the multiple causal factors, both biological and environmental, that influence criminal behavior.

● Predictive Techniques: The document discusses the feasibility of using predictive tables to aid in sentencing and parole decisions.

● Reform Proposals: It suggests reforms for criminal justice based on scientific insights, such as re-designing correctional equipment to address causes rather than symptoms.

● Scientific Insights: Follow-up studies are highlighted as a means to gain scientific insights into the effectiveness of sentencing, treatment, and parole practices.

These key insights aim to shift the focus from punitive measures to a more rehabilitative approach that considers the complex interplay of factors contributing to criminal behavior.

Cambridge University. London 1945. Kraus Reprint Corporation New York 1966. 129p.

Gruesome Spectacles : Botched Executions and America's Death Penalty By Auston Sarat

In "Gruesome Spectacles: Botched Executions and America's Death Penalty," author Auston Sarat meticulously examines the dark history of flawed executions in the United States. Through detailed analysis and compelling narratives, Sarat sheds light on the often overlooked human errors and systemic failures that have plagued the American justice system. This thought-provoking book challenges readers to confront the ethical complexities of capital punishment and its impact on society. Sarat's compelling exploration of botched executions raises crucial questions about the efficacy and morality of the death penalty in contemporary America.

Stanford University Press, 2014 - 273 pages

By Joe Russo, Samuel Peterson, Michael J. D. Vermeer, Dulani Woods, Brian A. Jackson

Racial and ethnic disparities are pervasive in the U.S. criminal justice system. These disparities often compound as an individual progresses through each stage of the justice system, beginning with police contact and continuing through prosecution and correctional control. Not surprisingly, people of color are overrepresented in the probation and parole population, yet relatively little attention has been paid to disparate treatment and outcomes at this stage.

Probation and parole staff and other system actors exercise considerable discretion in responding to technical violations. Technical violations are instances of noncompliance with the conditions of supervision — such as failing to report to the supervising officer, leaving the jurisdiction without permission, and testing positive on a drug test—that, while not criminal, can lead to severe consequences for justice-involved individuals. The spectrum of responses to technical violations can range from a warning all the way up to a recommendation to revoke supervision. Evidence suggests that technical violations are an important driver of incarceration.

The handling of technical violations may be influenced by a variety of factors, including officer judgment and jurisdictional policy, and there is evidence of racial and ethnic disparities in how they are handled. Ultimately, disparities in the processing of technical violations can exacerbate and perpetuate existing disparities in incarceration and undermine the legitimacy of the justice system. This report presents findings and recommendations from an expert panel that explored challenges and opportunities associated with reducing disparities at the technical violation decision point.

Key Findings

• The lack of evidence on the sources of disparities in community supervision contributes to a lack of known approaches for responding to them.

• The working relationship between an officer and a supervisee is critical to successful outcomes.

• A lack of diversity or cultural sensitivity among officers and supervisee perceptions of justice system illegitimacy can be barriers to forming quality relationships of trust.

• Research is needed to determine the impacts of (1) such factors as the working relationship between and officer and a supervisee, a lack of diversity or cultural sensitivity among officers, and supervisee perceptions of justice system illegitimacy on supervisee violation behaviors, (2) responses to these behaviors, and (3) disparities.

• Supervisees of color often have inequitable access to resources, which can be a barrier to successful completion of supervision and a contributing factor in disparate outcomes.

• Information management tools are needed to increase transparency about and accountability for disparities.

• Jurisdictions would benefit from developing data dashboards to help track, analyze, and display key metrics so that progress may be measured — and corrective actions taken as needed — at the officer and agency levels.

  Recommendations

• Develop best practices for the use of technology to eliminate barriers to compliance. Evaluate pros, cons, and impacts of these approaches on outcomes and disparities.

• Develop best practices and strategies to directly provide resources (e.g., food pantries, clothing, transit vouchers) to disadvantaged supervisees and/or coordinate with community resources to provide these services. Explore the feasibility of monetary assistance for sustenance and/or emergency support.

• Conduct research into supervisee perceptions of the justice system’s legitimacy along racial and ethnic lines and the impact of these perceptions on compliance and outcomes.

• Conduct research to determine whether the use of credible messengers improves relationships with supervisees and to examine the impact of this practice on supervision outcomes.

• Study jurisdictions that have reduced disparities to better understand the dynamics associated with successful outcomes and to develop an evidence base of effective strategies.

• Conduct research to determine the impacts of more-general system reforms (e.g., caps on probation sentences, reductions in the number of technical violations) on disparities in technical violation behaviors, responses, and outcomes.

• Develop management tools (e.g., dashboards) to track disparity metrics, in near real time, at the agency, supervisor, and officer levels to promote transparency and accountability and to identify patterns to be investigated and addressed (e.g., coachable moments for staff, policy or program review).

• Reinforce supervision practices in which staff actively engage in barrier-reduction strategies to "meet supervisees where they are" in terms of appropriate accommodations and service delivery that do not compromise public safety.

Santa Monica, CA: RAND, 2023. 32p.

By Giada Girelli, Marcela Jofré, and Ajeng Larasati

Harm Reduction International (HRI) has monitored the use of the death penalty for drug offences worldwide since our first ground-breaking publication on this issue in 2007. This report, our 13th on the subject, continues our work of providing regular updates on legislative, policy and practical developments related to the use of capital punishment for drug offences, a practice which isa clear violation of international human rights and drug control standards.

This year marks the beginning of a new approach to our flagship publication. Every edition of this report will provide key data and updated categories, as well as high-level developments at the national and international level. A deeper analysis of developments and trends will be published in the 2024 edition and on alternate years. The methodology used for both reports remains the same. HRI opposes the death penalty in all cases without exception.

Harm Reduction International, 2024. 22p.

by Phil Bowen

This data review is a quantitative analysis of Citizens Advice data for clients who faced fine arrears between 2019 and 2023. It sits within our research project looking at the impact of court fines on people on low incomes, alongside our report, 'Where the hell am I going to get that money from?: The impact of court fines on people on low incomes'. It specifically seeks answers to the following questions: How has the court fine been used over the past five years?; Which offences do people get fined for?; Who gets fined and what are the demographics of those individuals who receive fines?; And what are the outcomes associated with fines, specifically repayment rates, re-offending rates and imprisonment for fine default?

London: Centre for Justice Innovation, 2024. 37p.

by Lucy Slade

Despite court fines being the most used sentence in the English and Welsh criminal justice system, it is rare that they feature in the discussion of justice reform engaged in by policymakers, academics and the third sector. To shine a light on this important, but under examined, area of our justice system, the Centre has undertaken a research project looking specifically what is the impact of their use. It is the first of its kind to look at what ought to happen— and what actually does. As part of this project, we have reviewed the literature of court fines and financial impositions in the criminal courts of England and Wales. This is accompanied by our report, which brings together the findings of our review of publicly available data, and qualitative interviews with people in low-incomes who have received a fine.

London: Centre for Justice Innovation, 2024. 11p.

by Lucy Slade and Stephen Whitehead

Almost everyone who is convicted in a court in England and Wales leaves with a bill to pay. Yet there is a striking gap in our knowledge on the most common sentencing outcome handed down by our courts: the court fine. A new report by the Centre for Justice Innovation published today (16 May 2024) seeks to address this knowledge gap. The report is called: “Where the hell am I going to get that money from?” The impact of court fines on people on low incomes.

The research, specifically conducted during this cost of living crisis, suggest that the impacts of getting a court fine are often highly disproportionate: while better off people experience only minor hardships, such as forgoing a holiday,for a significant number of those on the lowest incomes paying their court fine pushed them deeper towards unmanageable debt, destitution and significant levels of anxiety and mental anguish.

The research highlights that, contrary to the sentencing objectives of the court fine, the financial impact of fines and charges are not experienced equally by people with different levels of means. The research also found major gaps on the data collected, especially on the socio-economic status of those who are fined, meaning there is not a clear picture of who gets fined, who pays and who doesn’t (and why).

The research. The research is a comprehensive study based on a wide range of sources including interviews with 56 people with experience of fines who live on a low income; a literature review; analysis of public data on court fines; and of Citizens Advice data for clients who faced fine arrears between 2019 and 2023; and focus groups with 14 magistrates.

Findings from the data review:

• Men received the majority of fines (2,534,714, 64%), with women receiving 944,547 (24%), and a further 474,557 fines issued where sex was not recorded (12%). This is in keeping with the preponderance of men in the sentencing and the criminal justice caseload more generally.

• Women were proportionally more likely to receive fines than men (85% compared with 73%), in part, because they are more likely to commit the less serious offences, which result in a fine.

• Of the ten offences for which fines are most often issued, women receive the majority of fines for only one of these, TV licence evasion, where they represent three quarters of people whose gender is recorded.

Key findings

Almost everyone who is convicted of a crime in a court in England and Wales leaves with a bill to pay. Over 75% of people convicted each year are sentenced to a fine. Yet while many of the offences for which fines are given are deemed “minor,” the research suggests that, for people on low incomes, the impact of fines is anything but.

• A large number of the offences for which court fines are imposed are strongly linked to people’s pre-existing poverty, such as TV licence evasion.

• Many of the 56 interviewees reported that the financial burdens placed on them by the court had pushed them further into debt, with some pushed into destitution and into further offending to pay off the court fine.

• For some, the financial burdens took a severe toll on their mental and physical health, particularly where they faced prolonged payment periods in a never-ending cycle of payments.

• While fine amount

  • are meant to be determined by an individual’s financial circumstances, this system did not seem to work effectively in practice.

  • The imposition of other non means-tested financial charges alongside the fine, such as prosecution costs, often pushed the total amount owed to the court up from something affordable to an amount that felt impossible to pay in the time allowed.

  • Court fine enforcement action (which is subject to less regulation than commercial credit recovery), particularly the threat of bailiffs, added further financial and wellbeing strains, especially for those already struggling to make insufficient household budgets last.

  • Magistrates suggested that they often felt their hands were tied, leaving them to sentence people on low incomes to fines, the magistrates knew they could not pay.

  • Many interviewees felt that a fine was, in theory, an appropriate punishment for the offence they committed, but the confusing processes of the current system often meant that the total amount they eventually needed to pay was seen as excessive

London: The Centre for Justice Innovation, 2024, 41p.