« Seeking guest postings for "Reflections on Booker at 15" | Main | Rounding up previews of SCOTUS oral argument in "Bridgegate" case »

January 13, 2020

Governing puts "Criminal Justice Reform" on list of "The Biggest Issues to Watch in 2020" ... but then just discusses reentry issues

The folks at Governing have this lengthy new piece under the headline "The Biggest Issues to Watch in 2020" with the subheadline that "State legislatures will have a lot on their plates." I was pleased to see the heading "Criminal Justice Reform" among the 15 topics that received a few paragraphs of discussion, but then I was a bit surprised to see that nearly all the discussion of state developments focused on issues relating to collateral consequences and reentry:

In December, New Jersey Gov. Phil Murphy signed into law a bill returning the right to vote to anyone on parole and probation.  Earlier that month, Kentucky Gov. Andy Beshear issued an executive order automatically restoring voting rights to people convicted of nonviolent felonies who have completed their sentence.  He then called on the Legislature to adopt a constitutional amendment codifying it into law.  Colorado and Nevada adopted similar laws last spring, raising to 18 the number of states that allow any adult not currently in prison to vote.  Included in that number are Maine and Vermont, which allow people to vote while incarcerated.  Iowa remains the sole state enforcing a lifetime ban on voting rights following any felony conviction.

In recent years at least 35 states and over 150 cities have adopted versions of so called "ban the box" laws and policies.  Named for the box on job application forms that asks for a yes or no answer about a prior criminal record, a yes answer makes it difficult for former felons to get a good job after serving time.  About 19 million Americans have felony convictions.  Many more have been charged with a misdemeanor or arrested.  Justice reform advocates argue that putting up economic barriers for millions of citizens with records is a burden on local economies.

Finding housing and obtaining a professional license for occupations such as barbering, cosmetology and nursing are also more difficult with a criminal record.  Under the Clean Slate law, Pennsylvania recently became the first state to automatically seal criminal records.  Last June, an automated computer process began wiping cases from public databases.  Arrest records, dropped charges and nonviolent crimes that occurred more than 10 years ago will be expunged.  Police and other law enforcement will still have access to the records.  Courts have until June to finish sealing all the cases.  Utah and Connecticut have since introduced similar bills of their own.

Virginia Gov. Ralph Northam recently announced his plans for decriminalizing marijuana possession, raising the threshold for felony larceny and considering incapacitated or terminally ill prisoners for early release.  In addition, Northam’s budget will include $4.6 million for probation services and $2 million to support reintegration of released inmates.

I do think issues relating to collateral consequences and reentry were very hot in 2019 and will remain hot in 2020 and beyond.  But, because there is so much more these days to criminal justice reform, I would like to have seen more discussion of other hot topics like defelonization of drug possession offenses, second-chance legislation and efforts to make prisons less criminogenic (not to mention bail reform and the use of risk-assessment tools).  I do not mean to criticize the folks at Governing for not be able to cover everything in a short space, but I do mean to spotlight how some are viewing state criminal justice reform efforts these days.

January 13, 2020 at 04:52 PM | Permalink

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB