SB731 helps returned citizens find sense of normalcy with expungements, record sealing
SB 731, in effect since 2023, gives Californians the safety valve of expungement, which state law calls “records relief,” said an article by Jeanne Kuang in CALmatters. Although it excludes sex offenders, it regards most felony convictions eligible for records clearance, even convictions for violent crimes. To apply, returned citizens only need to have served their sentences, completed their … [Read More...]
Echoes of slavery in Louisiana, class action lawsuit filed
Incarcerated forced to work on former slave plantation A class-action lawsuit seeks to end the Louisiana State Penitentiary’s use of forced labor. The suit filed Sept. 16 by incarcerated persons at the well-known penitentiary asserts that the prison forces them to perform compulsory agricultural labor under unhealthy and hazardous conditions, according to The Associated Press (AP). A … [Read More...]
FAMILIES Act attempts to alleviate family separation
State and federal prison systems are working to strengthen incarcerated parental rights with better diversion programs, broader caregiver mitigation laws, and less restrictive proximity laws. Twelve state legislatures and a proposed federal bill, the FAMILIES Act, are moving to alleviate the strain brought on families with incarcerated loved ones. Advocates say that incarceration should … [Read More...]
Major changes ahead for solitary confinement
Segregation, security housing reclassified under new 'Restricted Housing Units' The California Department of Corrections and Rehabilitation has restructured and renamed its Administrative Segregation Units and Security Housing Units — known as the “Hole” to most incarcerated persons. The new regulation merged the ASU and SHU to create the “General Population Restricted Housing Unit,” or … [Read More...]
Reborn bill takes aim at federal cannabis laws
Efforts are under way in Congress to modify anti-marijuana laws, including legalizing access to banks for marijuana businesses, an advocacy group reports. Senate Majority Leader Chuck Schumer (D-N.Y.) is pushing to have criminal justice reform provisions added to a proposed marijuana-banking bill, according to a May 19 story by Marijuana Moment Politics. The Senate Banking Committee held … [Read More...]
Moral Catastrophe: Solitary confinement challenged
A group of progressive Democrats in Congress has introduced a bill to end solitary confinement in federal lockups, reported staff writer Brett Wilkins of Common Dreams. “Experts have condemned solitary as psychological torture — and that’s exactly what it is,” said Rep. Cori Bush, D-Mo., who introduced the bill July 27, 2023. “Solitary confinement is a moral catastrophe,” Bush said in … [Read More...]
Formerly incarcerated being denied licenses for occupations trained for while in prison
Felony convictions can prevent individuals from obtaining required professional licenses, hindering their chances for success after incarceration, The Washington Post reports. Nearly 14,000 U.S. laws and regulations can be used to restrict persons with arrest records from becoming licensed in certain fields. These rules are scattered across federal, state and regulatory codes, and can vary from … [Read More...]
Corte Suprema de California hace posible demandas civiles contra la policía
Los policías en California estan actualmente propensos a demandas civiles, declaró la Corte Suprema el 22 de junio 2023, después de una decisión unánime en contra de un argumento presentado por policías del condado de Riverside, Prensa Asociada. El condado de Riverside argumentaba que sus agentes no podían ser demandados, después de haber dejado el cuerpo desnudo, de un hombre, a plena vista … [Read More...]
ADVOCATES POINT TO FLAWS IN PAROLE BOARD PROCESS
Gov. Gavin Newsom’s decision to veto the parole granted to Leslie Van Houten of the Manson “family” in 2020 was reversed by California’s 2nd District Court of Appeal this past May, exposing flaws within California’s parole process, according to the Los Angeles Times. In 1969, Van Houten was involved in the murders of Rosemary and Leno LeBianca. She was 19-years-old at the time. “Her explanation … [Read More...]
FOR THE PEOPLE WORKING TO BRING PROSECUTORS INTO SAN QUENTIN
Hillary Blout, founder and executive director of For the People, is leading an effort designed to bring district attorneys inside of California prisons to get a closer look at rehabilitation in action. The organization helps people in prison with prosecutor-initiated resentencing, as well as educates prosecutors nationwide about the benefits of this approach. Prosecutor-initiated … [Read More...]
NEW DATA TOOL TO SPEED UP RESENTENCING
A new technology under development aims to make safe prison releases more efficient, reported KCRA. The non-AI, data-driven tool would automate the process of reviewing an incarcerated person’s rehabilitation files as part of “second-chance” laws that allow county prosecutors to recommend post-conviction resentencing, which often triggers the person’s release from prison. The … [Read More...]
VOTING RIGHTS ACT LIVES ON DESPITE RECENT ATTACK IN SUPREME COURT
The Voting Rights Act has survived another attack on its existence in a surprise ruling by the majority conservative Supreme Court in June, according to the Los Angeles Times. The Court ruled 5-4 in Allen v. Milligan t hat Republican legislators in Alabama must create a new election district that would allow for the likelihood of a Black Democrat’s election to Congress, reasserting the Act’s … [Read More...]
CONGRESS EXAMINES ASSET SEIZURES BY LAW ENFORCEMENT
Congress is considering legislation that would end illegal confiscation of property from people who have not been convicted of a crime, according to a FOX News report. The proposed bipartisan bill would overhaul asset forfeiture laws, restoring Americans’ protection from private property seizures without warrants, said the article. “The lawless seizure and ‘forfeiture’ of people’s … [Read More...]
CAN FELONS RUN FOR PUBLIC OFFICE?
The recent arrest of a New Mexico political candidate has highlighted a series of disparate state laws dictating whether people with felony convictions are eligible to run for public office. Solomon Peña, a Republican candidate for the New Mexico statehouse, was arrested earlier this year for allegedly recruiting hired guns to shoot at the homes of Democratic lawmakers after he received just … [Read More...]
NEW STATE CRIME: ‘AGGRAVATED DEATH BY DELIVERY’
Expansive criminal justice bills to protect public safety have been signed into law by Arkansas Gov. Sarah Huckabee Sanders. Sweeping changes will target the state’s parole system and dealers of dangerous drugs such as fentanyl, who are responsible for overdose deaths, according to the Arkansas Democrat-Gazette. “We will not rest until we hold criminals in Arkansas accountable … [Read More...]
GREATER OVERSIGHT PROPOSED FOR FEDERAL PRISONS
bipartisan legislation to provide additional oversight of federal prisons to address widespread scandals and misconduct, in particular sexual abuse of incarcerated residents at the hands of prison officers. \ Under the proposed reforms, people incarcerated by the U.S. Bureau of Prisons would have the ability to report abuses to an accountability office through a hotline, reported ABC News. … [Read More...]
RETRO(IN)ACTIVE
failure to apply criminal justicereforms retroactively causesdisparate punishments Recent laws aimed at easing lengthy “tough on crime” punishments typically do not apply retroactively, which disproportionately harms Black and Hispanic people, the Huffington Post reports. Several states have passed criminal justice reform legislation aimed to correct harsh sentencing practices. But … [Read More...]
REPORT FINDS EXCLUSIVITY IN DIVERSION PROGRAMS
creators of programs and policies structurally exclude lower income minorities Almost anyone in front of a judge for infractions such as DWI or possession of small amounts of illegal drugs hopes to avoid jail or prison. Diversion programs like education for drunken driving or drug rehabilitation seem a far more preferable solution. Diversion programs came about as a way to move persons from … [Read More...]
BILL AIMS TO STOP THE PRISON TO SHELTER PIPELINE
New York lawmakers are once again considering legislation aimed at helping formerly incarcerated people get a place to live, The New York Times reported. A similar bill was rejected last year by the Governor’s office during budget negotiations. The bill, known as the Housing Access Voucher Program, would provide assistance to people affected by high-rent costs, which contributes to … [Read More...]
STUDY EXAMINES IMPACT OF BAIL REFORM ON REARREST RATE
A college study concludes that low-level offenders released under New York’s bail reform law are less likely to return to jail. The 2020 reform eliminated a judge’s ability to set bail for low-level crimes. The study found this actually reduced the likelihood the offender would be re-arrested, the nonprofit Gothamist reported. The re-arrest rate under the reforms was 44% compared to 50% … [Read More...]
STATE SET TO RESUME EXECUTIONS
The state of Alabama is resuming executions after a three-month delay in the wake of problems with lethal injections that forced the cancellation of three executions, according to reporting by The Associated Press. Last November, Gov. Kay Ivey ordered executions paused to allow for a “top to bottom” internal review of death penalty procedures. “I am confident that the Department is … [Read More...]
CASH BAIL ALTERNATIVE
SCIENCE-BASED ALGORITHM FOCUSESON ISSUES OF FAIRNESS, PUBLIC SAFETY A new procedure for releasing detainees focuses on public safety and fairness by using a scientifically based algorithm rather than relying on a cash-based bail system. The algorithm, known as the Public Safety Assessment tool, was developed by examining 750,000 criminal cases, and it identified nine factors that help … [Read More...]
THREE-STRIKE STRUGGLES
PRISONERS SENTENCED UNDER THREE-DECADE OLD LAW FIGHT TO EARN RELEASE As California’s Three Strikes law approaches its 30- year anniversary, prisoners sentenced under the 1994 law are gradually being released, but others complain they are still being denied justice. James Benson, 67, has served more than 25 years in prison under the Three Strikes law, which proponents said was necessary … [Read More...]
U.S. WEIGHING HUNDREDS OF ANTI-LGBTQ+ LAWS
Social justice and equality have come to the forefront of American consciousness in recent years, and many would agree the movement is long overdue. However, across the country, significant opposition stands between true equality and the Queer population. Nationwide, the American Civil Liberties Union is currently tracking more than 470 pieces of legislation aimed at limiting or restricting … [Read More...]
SCOTUS UPHOLDS ASSAULT WEAPON BAN – FOR NOW
The U.S. Supreme Court temporarily upheld an Illinois law aimed at banning certain rapid-fire assault weapons, according to reporting by the Los Angeles Times. On May 17, the justices rejected an emergency appeal brought by gun rights groups (National Assn. for Gun Rights v. Naperville, Ill), in an unsigned order with no dissent. The groups were asking the justices to stop a local ordinance … [Read More...]