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2020-01-06
Brooklyn Community Bail Fund;
Money bail continues to divide New York States' criminal legal system into two tiers: one for those who can pay, and one for those who can't. Unfortunately, this means if you can't afford to pay bail, you go to jail.
2019-12-19
Court Watch NYC;
Ahead of new statewide bail reform legislation taking effect on January 1, 2020, this publication from our collaborative prosecutorial accountability project, Court Watch NYC, highlights the importance of the reforms and the work left to be done, provides examples from court illustrating how prosecutors are already attempting to subvert the law, and why we'll be watching to hold them accountable in the new year.
2019-12-18
Brooklyn Community Bail Fund;
In partnership with Worth Rises, this report provides data to expose the scale of three direct costs levied against families of people incarcerated in New York's jails: phone calls, commissary, and disciplinary tickets.
2019-12-12
Brooklyn Community Bail Fund;
Fact sheet about bail reform in New York, including how the law will affect New Yorkers, as well as the hard data illustrating the personal, economic and systemic impact of money bail and pretrial jailing on individuals, families and communities.
2019-12-01
Justice Policy Institute;
The Justice Policy Institute is pleased to share our newest report, Restoring Local Control of Parole to the District of Columbia.
In January 2019, the District of Columbia government enlisted the Justice Policy Institute to explore the feasibility of restoring local control of parole and make recommendations for how release decision making can be transferred from the federal government to DC government. Transferring supervision responsibilities and parole decision-making from the federal government back to the District is an ambitious, complicated undertaking. Fortunately, local leadership can draw on a wealth of data, evidence, and experience from other jurisdictions as they evaluate how best to move forward.
This new report highlights the best available research and practice in the parole field, provides 22 recommendations for parole decision-making and supervision, and outlines three options for restoring local control of release decision-making. JPI undertook a series of activities to produce this report. These included:
Interviewing District and federal officials to understand how the current system functions and how best to build upon its strengths.
Speaking with attorneys who handle parole applications to the United States Parole Commission.
Attending community speak-out events and local criminal justice coalition meetings to solicit input from a wide range of community and system stakeholders, including currently and formerly incarcerated people with experience in the District's parole system.
Consulting with experts from multiple organizations that provide technical assistance to help states improve their parole practice, including attending the 2019 Association of Paroling Authorities International Chairs Meeting and Annual Training Conference in Baltimore, Maryland.
Examining a broad array of research in academic peer-reviewed journals, technical white papers, and state agency reports.
The recommendations outlined in this report should guide the development and staffing of a new parole board, the criteria for release decision-making, and how individuals are supervised in the community. If the District follows this plan, we believe it has the opportunity to serve as a model jurisdiction for other states. We also hope the report can be useful for jurisdictions currently considering reforms to their parole systems.
2019-11-13
Brooklyn Community Bail Fund;
As a follow up to our 2017 report "License & Registration Please," this report documents commercial bail bond company compliance with recently passed New York City and existing New York State laws meant to increase oversight of the predatory commercial bail bond industry.
2019-11-05
Justice Policy Institute;
Maryland leads the nation in incarcerating young Black men, sentenced to the longest prison terms, at a rate 25% higher than the next nearest state — Mississippi.
State has incarcerated the highest percentage of people who are Black in the country, more than twice the national average.
Punitive sentencing policies and restrictive parole release practices in Maryland have resulted in a deeply racially disproportionate criminal justice system that is acutely impacting those serving the longest prison terms. This is true despite a declining prison population and state leadership in Maryland having undertaken criminal justice reform in recent years. As recently as July 2018, more than 70 percent of Maryland's prison population was black, compared to 31 percent of the state population. The latest data from the Department of Justice show that the proportion of the Maryland prison population that is black is more than double the national average of 32 percent. These disparities are rooted in decades of unbalanced policies that disproportionately over-police under-resourced communities of color, and a criminal justice system focused on punitive sentencing and parole practices.
Disparity Most Pronounced Among Emerging Adults, Especially Those with Long Sentences
Racial disparities persist despite the fact that the Maryland prison population has declined by 13 percent since 2014, resulting in nearly 2,700 fewer people incarcerated. These inequalities affect the entire population, but are most pronounced among those individuals who were incarcerated as emerging adults (18 to 24 years old) and are serving long prison terms. Nearly eight in 10 people who were sentenced as emerging adults and have served 10 or more years in a Maryland prison are black. This is the highest rate of any state in the country.
To be Effective, Solutions Must Focus on the Emerging Adult Population
To reverse these racially disparate outcomes—the result of decades of failed policies—Maryland needs to rethink its approach to 18- to 24-year-olds and join a growing number of jurisdictions exploring reforms related to emerging adults. This policy brief will provide perspective on why this population is unique and reforms are critical to improving outcomes in the justice system. Going forward, Maryland's leadership can look toward examples of successful, evidence-based, and promising alternatives in other jurisdictions that can reduce the impact on emerging adults, racial disparities, and criminal justice involvement.
What do we mean by "emerging adults"?
The United States justice system is divided into two separate entities: the adult criminal justice system and the juvenile justice system. With the creation of the juvenile court in 1899, the vast majority of youth under the age of 18 are served in the juvenile system. But the choice of 18 as the cutoff age is arbitrary and subject to specific state statutes. For example, in four states, 17-year-olds are automatically prosecuted and sentenced as an adult. However, most states have chosen 18 as the age of adulthood. Some states, such as New York and North Carolina, have recently taken steps to raise the age of juvenile jurisdiction from 16 to 18 years old.
The reason this age threshold matters is because the juvenile justice system's underlying philosophy differs radically from that of the adult system. The juvenile justice system was explicitly developed as an alternative to the adult system, which is primarily focused on punishment. The juvenile system is based on an understanding that children have a less developed sense of right and wrong, reduced impulse control, and, as such, a different level of culpability for their actions. The juvenile system is not focused on absolving children of responsibility for their actions. However, it offers education, personal development, and rehabilitation rather than punishment.
2019-05-15
Robina Institute of Criminal Law and Criminal Justice;
Paroling authorities play an important, if often unrecognized role, in American prison policies. Discretionary parole processes decide the actual release dates for most individuals subject to confinement in 34 states. Additional leverage over time served is exercised through parole boards' revocation and re-release authority. The degree of discretion these back-end officials exert over the dosage of incarceration is vast, sometimes more than that held by sentencing courts.
Any comprehensive program to change American prison policy must focus to a significant degree on prison-release discretion, where it exists, and its relationship to time served. During the buildup to mass incarceration, many parole boards became increasingly reluctant to grant release to eligible prisoners. Today, if it were possible to reverse this upward driver of prison populations, parole boards could be important contributors to a new evidence-based status quo of lower prison rates in many states. Reasonable objectives of reform include policy-driven increases in the likelihood of parole release, and more rational decision making overall about time served.
This report describes twelve "levers of change," each associated with potential reforms in the realm of discretionary parole release. The reforms are called "change levers" because, once a lever is pulled, it is designed to impact prison populations by altering parole grant rates and durations of time served. The report identifies 12 areas of innovation that, to some degree, have already been tried by a number of states. In most cases, from a distance, it is impossible to evaluate the quality of each state's implementation of one or more change levers, or the results that have been achieved. But the fact that states have begun to experiment in specific areas shows that there is an appetite for reform. In addition, actual experimentation indicates that some of the groundwork has been laid for evaluation, improvement, and dissemination of promising ideas to many additional states.
Some levers have become embedded in the decision protocols of parole boards over the past 20 years and more, while others have emerged only recently. One of the goals of this report is to demonstrate how combining the levers is key to reform. This report maps the terrain of the 12 identified change levers, to the degree permitted by available information. The map shows a huge amount of state-by-state variation, even without hands-on study of each system. The report further classifies individual levers based on the number of jurisdictions in which they have been identified, and their potential impact on states' prison populations.
2019-01-29
Immigrant Defense Project;
The Immigrant Defense Project closely monitors ICE activity at state courthouses in New York and around the country. Under the Trump administration, we have documented an alarming 1700% increase in ICE arrests and attempted arrests across New York State. The consequent threats to universal access to justice and to public safety are tremendous, as immigrant communities become too afraid to seek justice in criminal, family, and civil courts.
2019-01-01
Violence Prevention Network;
The European Practice EXchange (EPEX) is a small international network of organisations and individual members working in the fields of primary, secondary and tertiary prevention of radicalisation and exit work both within and outside of prison. It aspired to take up the challenge of amplifying, strengthening and connecting practitioners' voices. This publication is the outcome of an intense three-year exchange, as a reply to the following questions: "How can we create a peer-to-peer network for those working in the prevention of radicalisation that offers a space to their (shared) topics and interests? What if, based on this, practitioners wrote a book together?". The document is written as much for other practitioners as it was for those who are curious to hear the voices of professionals with first-hand expertise.
2018-12-04
RTI International;
In 2015, MacArthur Foundation launched the Safety and Justice Challenge—an initiative to tackle over-incarceration, one of America's greatest social problems. The over-use and misuse of jails disproportionately impacts communities of color, people with low-incomes, nonviolent offenders, and those with mental illness. The Challenge supports systems change efforts aimed at safely reducing incarceration and racial and ethnic disparities in jails.
In 2015, the Foundation engaged RTI International to develop an evaluation framework focused on learning. The evaluation of the Safety and Justice Challenge is at the initiative level, thus it does not examine a single program or set of programs but instead seeks to understand how the Safety and Justice Challenge activities contribute to long-lasting and sustainable change within participating jurisdictions' criminal justice systems. Rather than looking at all aspects of the initiative, the evaluation examines the elements that will provide an understanding of what is and isn't working and why and the extent to which efforts are resulting in meaningful change across the multiple jurisdictions and levels of the initiative.
The evaluation design uses quantitative and qualitative data collection and analysis techniques and includes activities to measure the outcomes and impact of the initiative. Outcome evaluation activities assess the effects of the Challenge on criminal justice measures within the funded sites relative to a series of comparison sites. Impact evaluation activities document contributions from the Safety and Justice Challenge toward broader national changes in jail populations, increasing public awareness of jail misuse and overuse, and support for systems reform.
2018-11-01
American Journal of Public Health;
The systematic review of corrections-based interventions for Black men who have sex with men, by Harawa et al. in this issue of AJPH (p. S304), illustrates the paucity, in terms of quality and quantity, of existing interventions to improve health status. Because of disproportional racial minority confinement, men who are Black are more likely to experience incarceration than are Whites. Data on sexual orientation are not routinely collected in correctional settings; no evidence proves that minority sexual orientation heightens or lessens this risk. Nonetheless, public health investigators have not focused on the common setting of a correctional facility when designing interventions to improve access to HIV, sexually transmitted infection, and substance use services for Black men.
