By Christi M. Smith

Since 2018, nearly half of states have either passed clean slate automated record-sealing laws, adopted legislation to expunge cannabis convictions, or initiated campaigns to seal certain criminal records. These efforts acknowledge the perpetual, often lifelong barriers that people with publicly available criminal records face. The collateral consequences of a record, even for people who have been arrested but not convicted, make it exceedingly difficult to obtain and maintain basic life stability. For the one in three adults with a criminal record, this often means a lifetime of poverty and negative generational outcomes for dependents.

When people are unable to establish stability or advance in life because of records-based discrimination, the public also suffers negative effects. Being unemployed, underemployed, or employed “off the books” means less money cycling back into the community and reduced tax revenue. This translates to an $87 billion per year loss to the national economy. The social cost of cyclical incarceration and increased likelihood of homelessness among this population is an estimated $1.2 trillion annually. And without legitimate opportunities to provide for oneself and one’s family—combined with a lack of affordable products—people may be disincentivized to remain law-abiding. This can result in increased crime and escalating product costs as stores attempt to reduce retail theft. Our streets are less safe when people who have paid their debt to society and remained law-abiding continue to be excluded from the basic resources they need to survive.

Explainer, Washington, DC: R Street, 2024. 2p.

By Lisel Petis

Law enforcement agencies across the country, regardless of state or jurisdiction population size, are facing challenges on a daily basis, including exhaustion and frustration from dealing with “frequent flyers” and “repeat callers;” continued stress and pressure caused by agency staffing shortages and negative public sentiment; and increased rates of community mental health and substance abuse issues leading to potentially dangerous outcomes. In response, some conservative areas have found a way to better support their local law enforcement and the communities they serve through pre-arrest diversion programs. Pre-arrest diversion models—such as Law Enforcement Assisted Diversion (LEAD), co-responder and community responder—have become some of the most successful trends in criminal justice. These programs already exist across the nation and have proven efficient and effective in diverting low-level offenders from the criminal justice system. By looking at the execution of LEAD in Laramie County, Wyo., Behavioral Health Connect (BHCON) in El Paso County, Colo. and Community Assistance and Life Liaison (CALL) in St. Petersburg, Fla., other jurisdictions can understand how pre-arrest diversion reduces calls for service, saves police officers’ time and decreases jail populations. Furthermore, these districts serve as an example that allows us to explore how to successfully implement a diversion program and navigate potential challenges.

Key Points: 1. Conservative jurisdictions are turning to novel prearrest diversion models to help with staffing shortages, court backlogs and “frequent flyers” who are often suffering from mental health or addiction issues. 2. Pre-arrest diversion models—such as LEAD, corresponder or community responder—prioritizes police time, court resources and jail space for serious offenses and violent crimes while also repairing law enforcement’s relationship with the community, connecting individuals with services and reducing recidivism. 3. Communities can better support their local law enforcement and overcome concerns of logistics, safety and funding when implementing their own diversion programs.

R STREET POLICY STUDY NO. 252 March 2022, 12p