Disrupting the Cycle: Reimagining the Prosecutor's Role in Reentry

Disrupting the Cycle: A Report of the NYU Center on Reimagining the Prosecutor’s the Administration Role in Reentry of Criminal Law

A Guide to Best Practices About the Center Acknowledgments The Center on the Administration of Criminal The Center thanks the Koch Foundation Law analyzes important issues of criminal law, for providing financial support and making with a special focus on prosecutorial power this entire project possible. The Center is also and discretion. It pursues this mission in grateful to former Executive Director Deborah three main arenas: academia, the courts, Gramiccioni for assisting in this project, and to and public policy debates. all the participants and speakers at the December Through the academic component, the 2016 Roundtable and April 2017 Conference. Center researches criminal justice practices at The Center Fellows also provided excellent all levels of government, produces scholarship summaries and valuable work at both the on criminal justice issues, and hosts symposia Roundtable and the Conference. and conferences to address significant topics The Center thanks Cynthia Reed and in criminal law and procedure. The litigation Executive Director Courtney M. Oliva for component uses the Center’s research and drafting this report, and Kelli Rae Patton for experience with criminal justice practices to valuable editorial assistance. inform courts in important criminal justice The report was designed by Michael Bierman, matters, particularly in cases in which exercises and production of the report was coordinated of prosecutorial discretion create significant by Judy Zimmer at GHP Media. legal issues. The public policy component applies the Center’s criminal justice expertise to improve practices in the criminal justice system and enhance the public dialogue on criminal justice matters. To contact, contribute to, or read more about the Center, please visit prosecutioncenter.org or write to [email protected].

Cover: Mondrian, Piet (1872–1944). Composition C. 1920. Oil on canvas, 23 3/4 x 24" (60.3 x 61 cm). Acquired through the Lillie P. Bliss Bequest. Digital Image © The Museum of Modern Art/Licensed by SCALA/ Art Recource, NY Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry

A Guide to Best Practices

A Report of the NYU Center on the Administration of Criminal Law © 2017 Contents Introduction...... 5 D. Plea Bargaining, Sentencing, and Case Disposition...... 31 Part I | Front-End Reforms: Thinking About Reentry 1. Consider the Collateral Consequences and Recidivism at the of Proposed Pleas...... 31 Earliest Stages...... 12 2. Explore the Use of Creative Sentencing...... 32

A. Initial Case Screening and 3. Collaborate on a Reentry Plan

Charging Decisions...... 12 Prior to Sentencing...... 33

1. Improve Case Screening and 4. Support Appropriate Recommendations

Charging Practices...... 13 for Placement ...... 34

2. Consider Collateral Consequences 5. Recommend Narrowly Tailored and

at the Charging Stage...... 14 Individualized Conditions of

Post-Sentence Supervision...... 34

B. Pretrial Diversion Programs...... 16 1. Law Enforcement–Led Diversion Programs...... 17 PART II | Back-End Reforms: 2. Prosecutor–Led Pretrial Diversion Programs....18 Preparing for Successful Release and Reintegration...... 36 3. Specialty and Problem-Solving Courts ...... 21 A. Support In-Reach Initiatives

C. Pretrial Release and Bail...... 25 Prior to Release...... 36

1. Advocate for the Use of a B. Assist with Expungement of Criminal Validated Pretrial Risk Assessment Tool...... 26 Records and Other Forms of Relief...... 37

2. Disclose Risk Scores to All Stakeholders...... 27 C. Facilitate the Removal of Collateral 3. Consider Alternatives to Money Bail for Consequences of Conviction...... 39 Low- and Moderate-Risk Defendants ...... 28 1. Help Individuals Obtain Identification 4. Advocate for an End to Bond Schedules in and Reinstate Drivers’ Licenses...... 39 Favor of Individualized Bail Determinations ... 29 2. Aid Individuals in Reducing 5. Support the Presence of Defense Counsel Burdensome Fines and Arrears...... 40 at Pretrial Hearings Where Liberty

Decisions Are Made...... 30 D. Work with the Community...... 42 6. Support Individualized, Narrowly Tailored 1. Partner with Employers to Connect Conditions of Pretrial Supervision...... 30 Those Reentering with Jobs...... 42

2. Gather, Distribute, and Leverage

Local Reentry Resources...... 43

3. Visit and Participate in Reentry Courts...... 44 The Center on the Administration of Criminal Law 3 61 57 59 60 102

...... APPENDIX E | The Top Ten List— Ten APPENDIX E | The Top APPENDIX A | Key Statistics on Incarceration Statistics on Incarceration APPENDIX A | Key Offices of Prosecutors’ APPENDIX B | Sampling Case Intake/ APPENDIX C | Sample Materials: Initiative APPENDIX D | Reentry Eastern District of Louisiana Eastern Criminal Justice into Transforming Community Justice Appendices and Recidivism Programs with Reentry Tool Screening Southern District of Alabama and

51 53 52 50 50 48 48 48 49 49 49 ..

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...... and Legislation That Reduce Crime, Improve Crime, Improve That Reduce and Legislation Safety Public and Maximize Outcomes, About the Realities of the Reentry Process Process of the Reentry About the Realities Together Partners Bring Reentry to Prosecutor’s Role in Reentry Reentry in Role Prosecutor’s Recidivism Reduction Reforms Reduction Recidivism Reducing Recidivism Reducing Reduction Recidivism Reentry Initiatives an Office Priority Initiatives Reentry Processes in the Hiring and Recruitment Advocate for Evidence-Based Reentry Policies Policies Reentry for Evidence-Based Advocate Vocalize an Expanded Vision of the Vocalize Other Criminal Justice Actors Educate as Convener Power Use the Prosecutor’s Train Staff on Best Practices in Best Practices Staff on Train Reentry Efforts and Staff for Reward and Reentry Publicize Make Anti-Recidivism and and Anti-Recidivism Make and Reentry Reduction Recidivism Emphasize D. B. C. PART IV | The Prosecutor IV | The Prosecutor PART Leader as Thought A. E. C. D. A. B. PART III | Priming Prosecutors’ III | Priming Prosecutors’ PART and Front- Offices for Reforms Back-End 4 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Center on the Administration of Criminal Law 5

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(New York, York, (New Of the vast Of the vast 1 Council Governments. of State Statistics that these show 2 Minton, T. and Zeng, Z. T. (2015).Minton, Report of the Re-entry of the Report Policy Safe Council: Charting the The public, including communities disproporThe public, Statistics), https://www.bjs.gov/content/pub/pdf/jim14.pdf. serving the community after States: to Inmates returning time https://fas.org/sgp/crs/misc/RL34287.pdf. https://fas.org/sgp/crs/misc/RL34287.pdf. in prison,” https://www.bjs.gov/content/reentry/reentry.cfm. https://www.bjs.gov/content/reentry/reentry.cfm. in prison,” NY: Council Governments) of State xviii, https://csgjusticecenter. NY: tionately affected alsotionately by incarceration, benefits their communities.to driving,that can bar them from obtaining certain and a complex web of collateral consequences of collateral and a complex web (2004). (2004). James, N. (2015).Reentry: Offender Correctional See N. also James, and Recidivism Community, into the Reintegration Statistics, DC: Congressional Research(Washington, Service), people are released from prison every year, while people released are prison from every year, over 11 million are released 11 million are jails. from over from prosecutors’ from emerging focus on preventing Statisticsrecidivism. that the population show of inmatesreturning is substantial: nearly 650,000 inmates successful face barriersto reintegration including the loss rights, barriers obtain of civic to ing jobs and housing, conditions of post- onerous release supervision, criminal debt load, a heavy number of those percent 95 incarcerated, who are correctional facilities return and leave eventually cil.pdf. For jail statistics, For see cil.pdf. org/wp-content/uploads/2013/03/Report-of-the-Reentry-Coun 2 Hughes, T. and Wilson, D. “Reentry Trends in the United “Reentry in the United Trends and Wilson, D. 2 Hughes, T. 1 For prison release1 For figures, see and Successful Return of Prisoners Communityand Successful Return to the (Washington, DC: of Justice Bureau Inmates at Midyear 2014 (Washington, Jail - justice system. At the “front end,” these prosecutors end,” “front the At justice system. but by breaking the cycle of recidivism. This new This of recidivism. breaking the cycle but by tives to incarceration to avoid over-incarcerating over-incarcerating avoid to incarceration to tives alternatives. At the “back end,” these prosecutors the “back At alternatives. end,” about how they can positively impactabout they can positively public safety how disposition, prosecutors miss an important opportunity to have a a have opportunity to miss an important disposition, prosecutors doing their part to keep their communities safe. Prosecutors are are their communities safe. Prosecutors keep to doing their part of investigating, prosecuting, and sentencing defendants, they are are they defendants, and sentencing prosecuting, of investigating, public safetypublic outcomes. their roles By reimagining of disruptprosecutors the cycle to working are prosecutors reduce the likelihood able to are that sentences to seek. In championing public safety, prosecutors have have prosecutors seek. to sentences public safety, In championing individuals will reoffend and, as a result, improve result, and, as a will reoffend improve individuals initiatives focusedinitiatives on prisoner reentry—the process in the administration of criminal justice, thesein the administration justice, criminal of financial costs the growing and mitigate recidivism of administering the justice system. of incarceration are released and return to their released their are to of incarceration and return communities. By shifting their offices’ focus, these individuals who could benefit meaningful from individuals reimagine their rolesreimagine in the justice system and think individuals, incarcerating and not charging just by focus can be seen at different stages in the criminal also powerful actors in the criminal justice system because, in per because, justice system in the criminal actors also powerful have begun using diversion programs and alterna programs begun using diversion have begun participating sometimes and in, have leading, greater impact on public safety. impact greater its disposition. However, by defining their role as ending at case at case as ending role defining their by its disposition. However, whereby individuals who are sentenced to terms sentenced terms who are to individuals whereby traditionally focused on the exercise of judgment and discretion in discretion and judgment of exercise the on focused traditionally their “front-end” role—from the initial investigation of a case through through case of a investigation the initial role—from their “front-end” Prosecutors care about public safety. When they perform their duties their perform they When safety. about public care Prosecutors forming these duties, they have discretion over which cases to bring, bring, which cases to over discretion these duties,forming have they what offenses to charge, what type of plea offers to make, and what and what to make, offers of plea type what to charge, offenseswhat A numberto have of prosecutors’begun offices Introduction “an effective law 6 Having prosecutors vism and reentry is,vism andreentry enforcement tool.” in Bharara’s view, Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry think recidi about - 4 Durose, M., Cooper, A., andSnyder, M.,Cooper, A., 4 Durose, H.“Recidivism of The report provides examples of successful reentry reentry of successful provides examples The report Justice Center, ofState Governments, TheCouncil Recidivism amongFederalComprehensiveOverview Offenders:A years after release found that nearly half of those released were released years foundthatnearlyhalfofthose after release years), https://www.bjs.gov/index.cfm?ty=pbdetail&iid=4986. 2010—Update.” (2004) at4. Council one-quarter reincarcerated. U.S. (2016).one-quarter Commission Sentencing eser, A., Mumford, M.,andNantz,eser, G. A., (2016).Twelve Facts about rearrested within a year of release and about half withinayear andabout rearrested ofrelease encompass anti-recidivism and reentry initiatives. anti-recidivismencompass andreentry of theirreadmission. ofpeople andjailsconsists toof admissions prisons ing. andliving inpublichous licenses, occupational enhance publicsafety. programs and offers actionable steps thatprosecu steps actionable andoffers programs within three years, and three-quarters were withinfive arrested within threeyears, andthree-quarters (Washington, U.S. DC: 5,http://www. Commission), Sentencing already under post-release supervision at the time atthetime supervision already underpost-release are re-incarcerated. are instateprisons ofpeople are high.Two-thirds rearrested for a new crime or violation of supervision condi foranewcrimeorviolationofsupervision rearrested research-publications/2016/recidivism_overview.pdf. facts_incarceration_prisoner_reentry.pdf. number of states, especially in the South), https://www.brook intheSouth), especially ofstates, number employment are heavily andlicensed inarights, restricted tors cantaketo reduce theriskofrecidivism and to to expandtheirduties seeking to prosecutors 3 Prisoners Released in 30 States in2005: in30States Patterns from Released 2005 toPrisoners In the federal system, a study that traced individuals system,astudythattraced In thefederal eight Inventory of the Collateral Consequences ofConviction. Inventory Consequences oftheCollateral net,voting safety to social (access Fig.12 Hamilton Project), Conference, March27,Incarcerated People. TheLeadership 2017, Incarceration and Prisoner Reentry (Washington, Reentry Incarceration andPrisoner The DC: ussc.gov/sites/default/files/pdf/research-and-publications/ ings.edu/wp-content/uploads/2016/10/thp_20161020_twelve_ Report of the Re-entry Policy Policy Report ofState ofthe Governments, 5 Council Re-entry two-thirds of released prisoners were foranewcrime prisoners arrested ofreleased two-thirds tions and, of those, almost one-third were one-third reconvicted, with almost tions and,ofthose, https://niccc.csgjusticecenter.org/. http://civilrightsdocs.info/pdf/criminal-justice/Re-Entry-Fact- Sheet.pdf; and Schanzenbach, D.W.,Sheet.pdf; andSchanzenbach, Nunn, R.,Bauer, Breitwi L., See See This report offers guidance and best practices practices best guidanceand offers This report Fact Sheet: Barriers to Successful Re-Entry ofFormerly Re-Entry to Successful Fact Barriers Sheet: 3 Perhaps not surprisingly, not Perhaps recidivism risks Bureau ofJustice Statistics,April22, 2014 (about 4 The fastest growing category growing category The fastest 5

See alsoNationalSee

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- - - viduals and working to defeat barriers to reentry viduals andworking to reentry barriers to defeat view of his or her role in the criminal justice system. view ofhisorherrole inthecriminaljustice Reimagining theProsecutor’s Role 7 6 Bharara,P. Remarks asFeatured Speaker. “Disrupting Prosecutors who are committed to public safety can whoare committedto can publicsafety Prosecutors District ofNewDistrict York, on“reentry reduces focusing Bharara, the former U.S. Attorney for the Southern role this reframing of the prosecutorial In all cases, lic safety, move must away prosecutors from an hearing through sentencing) impacts reentry and reentry impacts throughhearing sentencing) incarceration andcreating front-endalternatives byof asentence served nor theindividual willbe employment dueto employers’ peo against stigma involve indi with prosecuted maintaining contact mayreforms. Whilethisshiftinoutlook dramatic, be andback-end front-end of recidivism through both in order to seize this opportunity to promote pub thisopportunity in order to seize ofleaders” to advocate foranti-recidivismcategory to thriveincarcerated ina position whenthey return from over-incarceration atthefront endand,at economy, and is smart.” publicsafety,recidivism, increases the boosts Inthewords ofPreetrecidivism andreentry? care about processing, oncase ditionally focused determinations, dispositiveincase be necessarily ple with criminal records. In other instances, the ple withcriminalrecords. instances, Inother and should expand their focus to the cycle disrupt and should expand their focus and reentry initiatives, according toand reentry Bharara. publicsafety,about “are prosecutors animportant (from thebail ofcriminal prosecution at allstages how to theirdiscretion understand asks prosecutors to incarceration thatlower theriskofrecidivism. their communities, suchastheinabilityto obtain their communities, individuals whenthat they burden return these to are inthisreport summarized practices the actual to theircommunities. the backendto put individuals who have been the risk of recidivism. will This not understanding NYU Law School, NewNYU Law York, School, NY. but it will allow the prosecutor to takeabroaderbut itwillallow the prosecutor shift will mean recognizing that neither the public thatneitherthepublic recognizing shift willmean thisshiftwill instances, Insome straightforward. safety is for the criminal justice systemto isforthecriminaljustice refrainsafety the Cycle: Reforming Conference,” Reentry April7, 2017, Ibid. Why should prosecutors, whose work hastra whose Why shouldprosecutors, In shifting their focus to thinkmoreIn shiftingtheirfocus broadly 6 The best result for public result The best

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The Center on the Administration of Criminal Law 7

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8 Through these efforts, as well as extensive theseThrough efforts, as extensive as well Ibid. sentencing. The Center also finds that prosecu should ask whether office practices whether office should ask at both the build consensus tools that prosecutors around the administration of their cases. These practices tors can impact and reentry recidivism keep by the reentry process. bail of consideration the during stage, charging the titled “Disrupting the Cycle: Reforming Reentry Reforming titled “Disrupting the Cycle: that sought criminal justice input from practitio the Center brought together Centerthe prosecutors brought policyand that send individuals back to their communities back to that send individuals prosecutors Having the criminal justice system? think about and reentry recidivism is, in Bharara’s guys and locking them up.” Instead, prosecutors locking and up.” them guys and promote public safety. and promote at key stages of a criminal case: before and during 8 pose best practices that encourage prosecutors to recognizereentry and recidivism factorsin on early ing defendants files “open” after after and sentencing “open” ing defendants files with defendants. The maintaining involvement research on recidivism and reentry, the Center the Center research and reentry, on recidivism ners, academics, and also advocates, people who ideas, identify hurdles to implementation, and ideas,and implementation, hurdles identify to reentry recidivism. use reduce can facilitate and to front and back end are effective: are they working toworking they are effective: back end are and front destined fail, be to back into rearrested, and cycle outdated model that emphasizes “catching bad bad model emphasizes that outdated “catching had formerly been incarcerated and went through been through had formerly and went incarcerated leaders from around the nation to share promising promising share leaders the nation to around from lower recidivism, or are they criminogenicthey are or practices recidivism, lower Law’s research on reentry. On December 12, 2016, On December 2016, 12, research on reentry. Law’s Law’s Center on the Administration of Criminal Law’s finds that prosecutors risksrecidivism can consider Center’s goal in conducting this research pro is to On April 7, 2017, the Center hosted a conference, the Center hosted conference, a 2017, 7, April On will produce both outcomes that are cost-effective This reportThis SchoolNYU the of outgrowth the is of versus detention, during plea bargaining, detention, versus and at view, “an effective law enforcement tool.” enforcement law effective “an view, The Center’s Research The Center’s 8 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry of NewJersey General fortheState formerAttorneyof Law; Residence, NYU School Distinguished Scholarin Professor ofPractice and Anne Milgram Law, UNCSchoolofLaw Assistant Professor of Eisha Jain New Jersey for theDistrictof U.S. Attorney’s Office Chief, CriminalDivision, Thomas Eicher NYU SchoolofLaw of CriminalLaw, on theAdministration Director oftheCenter former Executive Deborah Gramiccioni The Honorable California San Diego County, District Attorney, Bonnie Dumanis Massachusetts Suffolk County, District Attorney, Daniel F. Conley Wisconsin Milwaukee County, District Attorney, John T. Chisholm of Alabama for theSouthernDistrict former U.S. Attorney Kenyen R.Brown Policy, NYU SchoolofLaw of Regulatory Law and Segal Family Professor BarkowRachel County, Missouri Prosecutor, Jackson PetersJean Baker Roundtable 2016 Prosecutor’s 12, December List ofParticipants Amy Solomon of Alabama for theNorthernDistrict Assistant U.S. Attorney Jeremy Sherer Founder, NewArkFarms Charles Rosen Law School Project, Stanford Director, Three Strikes Lecturer inLaw and Michael Romano Louisiana the Eastern Districtof former U.S. Attorney for Kenneth Polite Jr. Carolina the DistrictofSouth former U.S. Attorney for William N.Nettles, Essex County, NewJersey former ActingProsecutor, Carolyn Murray NYU SchoolofLaw Professor ofLaw, Erin Murphy the DistrictofNewJersey U.S. Attorney’s Officefor Outreach Coordinator, MooreHeather NYU SchoolofLaw Professor ofClinicalLaw, Anthony Thompson ofJustice Department of JusticePrograms, U.S. Director ofPolicy, Office Reentry Council& Federal Interagency former Executive Director, John Arnold Foundation, Justice Policy, Laura and Vice President, Criminal

The Fortune Society Incarceration Programs, of Alternatives to Senior Director Antonio Rivera Urban JusticeCenter Safe Reentry Advocate, Johnny Perez Community, Inc. TransitionalExodus Founder, andCEO, Executive Director, Julio Medina JustLeadershipUSA Founder andPresident, Glenn Martin E. Fresh LifelinesforYouth Chief Operating Officer, Ali Knight District ofNewYork Court fortheEastern Chief Judge, U.S. District Dora Irizarry The Honorable Launch, Inc. Strategy, Mission: Director ofInnovation & Teresa Hodge Prosecutor Impact Co-Founder, President and Adam Foss Stanford Law School Three Strikes Project, Staff Attorney, Champion Susan of Alabama the SouthernDistrict former U.S. Attorney for Kenyen R.Brown of NewYork for theSouthernDistrict formerU.S.Law; Attorney Residence, NYU Schoolof Distinguished Scholarin Preet Bharara Founder andCEO, Roca Molly Baldwin Cycle Conference Disrupting the April 7, 2017 2016 JustLeadershipUSA Theresa Sweeney California Alameda County, Chief Probation Officer, Wendy Still ofJustice Department of JusticePrograms, U.S. Director ofPolicy, Office Reentry Council& Federal Interagency former Executive Director, John Arnold Foundation, Justice Policy, Laura and Vice President, Criminal Amy Solomon Opportunities for Employment Director, Center CEO andExecutive Sam Schaeffer Reform Project ACLU CriminalLaw Senior Staff Attorney, Jason Williamson Justice College ofCriminal President, JohnJay Foundation; former Laura andJohnArnold Criminal Justice, Senior VicePresident, Jeremy Travis of NewJersey Court fortheDistrict Officer, U.S.District Chief U.S. Probation Wilfredo Torres Fellow The Center on the Administration of Criminal Law 9 focuses on the prosecutoras office leader focuses on the prosecutor’s larger in the role as part focus and of a broader safety; on public and highlights office-wide shift reforms that can and back ends of the justice system. at the front PART III PART IV PART power to engage a diverse group of stakeholders group engage a diverse to power office culture to include anti-recidivism concerns anti-recidivism to include office culture he or she can usecommunity and how his or her including in outreach and education initiatives, legislative reforms designed reforms target recidivism to legislative - - focuses that prosecutors on reforms can focuses that prosecutors on reforms can sentencing alternatives; screening decisions,charging and considering supportingrelease pretrial of defendants where to expunge their convictions and reduce fines and reduce expunge convictions their to that that interfere with their ability to reintegrate into into reintegrate with their ability to that interfere their communities, such as obtaining identification and drivers’ licenses, them opportunities providing and drivers’ appropriate, and considering the use of creative and considering the use of creative appropriate, PART II PART PART I PART can implement in order to focus on reentry and target the risk of the risk target and reentry focus on to in order can implement preparing for an incarcerated individual’s eventual eventual individual’s for an incarcerated preparing process. This includes using discretion make to may burden them upon burden release, and collaborating may reentry to their community. This includes This pre- reentry community. their to release reentry planning, barriers and removing implement at the “back end” of the process begin to dants’ risk of recidivism and affect of recidivism risk reentrydants’ their incarceration, to and other alternatives diversion implement at the “front end” of the process,implement at the “front includ prosecutorialing considering how discretion at recidivism. The report proceeds in four parts: proceeds The report recidivism. with employers and community-based resources;with employers various stagesvarious of a criminal case can impact defen Executive Summary Executive The report provides concrete recommendations that prosecutors prosecutors that recommendations concrete provides The report Reentry and the Criminal Justice Process: A Road Map for Prosecutors Prosecutors have the opportunity to impact the long-term safety of their communities by taking steps at every phase of a criminal case to ease the reentry process and reduce recidivism.

Case Implement policies to clarify Consider collateral Triage appropriate defendants Screening screening and charging consequences when making to diversion programs and and priorities charging decisions other alternative noncriminal Charging justice paths

Pretrial Advocate for the use of risk Support conditions Support individualized Release assessment tools of pretrial supervision bail determinations over and Bail narrowly tailored to the use of bond schedules individual risks and needs

Plea Explore creative sentencing Begin planning for reentry Consider recommendations Bargaining before disposition for placement and Sentencing

Disposition Advocate for narrowly tailored Support in-reach into post-sentence conditions of correctional facilities to community supervision ease reentry release

Release Help with expungement and Assist in reducing fines Gather and distribute other forms of relief from and arrears information on local criminal records reentry resources Partner with employers to Help to reinstate drivers’ find jobs for the formerly Participate in reentry courts licenses and obtain incarcerated identification The Center on the Administration of Criminal Law 11

179 1 5 7 3 2 9 8 4 6 10 Support prison rehabilitative programs. Support prison rehabilitative and issuance of certificates of rehabilitation. of and issuance of certificates shared/docs/collateral_consequences/uccca_final_10.pdf. shared/docs/collateral_consequences/uccca_final_10.pdf. that maximize individualthat maximize success upon release. both at the pretrial stage and during probation. stage both at the pretrial Minimize the collateral consequences of criminal acts. consequences of criminal the collateral Minimize pretrial detention is reserved for the highest risk population. is reserved detention pretrial and outcomes of programs to determine what works in reducing recidivism. in reducing what works determine to of programs and outcomes Support the use of pretrial risk assessment tools validated for the jurisdiction validated risk assessment tools Support the use of pretrial provide treatment pathways for those with drug abuse or mental health issues. drug for those with pathways treatment provide Lobby for the reduction of criminal justice fines and fees imposed at disposition, for the reduction Lobby Seek funding for data-driven research into reentry practices to measure the impact measure to practices reentry into research Seek funding for data-driven Lobby for laws that codify procedures for expungement, sealing of juvenile records, records, sealing of juvenile for expungement, that codify procedures for laws Lobby and for tailoring the imposition of such fines and fees to an individual’s ability to pay. ability to an individual’s the imposition of such fines and fees and for tailoring , Uniform Collateral Consequences, Uniform http://www.uniformlaws.org/ of Conviction Act (as amended 2010), e.g. See, Support increased funding for the development of reentry courts and reentry services courts and reentry of reentry the development funding for Support increased 179 Promote the use of evidence-based, narrowly tailored conditions of community supervision tailored narrowly the use of evidence-based, Promote in which they are used, so that pretrial release decisions are based on objective factors and factors on objective based decisions are release used, so that pretrial are in which they Support increased funding for pretrial diversion and ATI programs that keep individuals with that keep programs and ATI diversion pretrial funding for Support increased Advocate for an end to the use of bond schedules and for reform in bail practices so that money in bail practices the use of bond schedules to for an end reform and for Advocate The Prosecutor as Advocate: Ten Steps for Action for Steps Ten as Advocate: The Prosecutor low-level offenses and those without criminal histories out of the system on the front end, and on the front out of the system offenses and those without criminal histories low-level bond is tied to individual ability to pay, helping to avoid pretrial detention for those without means. for those without detention pretrial avoid helping to individualbond is tied to pay, ability to

Reentry and the Criminal Justice Criminal the and Reentry Process: A Road Map for Prosecutors Map Road A Process: 12 criminal case. can beincorporated and considered dur arrest,” sothat reen- defined asa process More advanced reentry models posit posit models reentry try considerations try that beginsat be that “reentry Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry ing the life cycle ofa - Thinking About Reentry Thinking AboutReentry Traditionally, as a back- seen has been reentry 1 Rosenthal, A. andWolf, A. 1 Rosenthal, (2004). Unlocking E. the Potential P R I PART of Reentry andReintegrationof Reentry (Syracuse,NY: for Center family, andhousingmay that negatethebenefits from incarceration andenvision plan thatreentry from incarceration.” Front-End Reforms: Earliest Stages 2 org/4dd1/210651fe3ded5c1d8fc0fad43e914f86ef03.pdf?_ reentry at the inception of a criminal case allows ofacriminalcase attheinception reentry more knowledge about adefendant,theycan about more knowledge with Armed point. possible attheearliest needs as aprocess defined that“reentry be posit models planningcanoffer.reentry More advanced reentry entersprison.” whentheperson ning begins 3 prosecutors to evaluateprosecutors adefendant’s risksand ga=2.193786661.92356410.1496527944-1972475136.1496527944. justice system and urges prosecutors to consider prosecutors andurges system justice afterincarcerated theindividualbegins hasbeen ate candidates out of the system and guard against ate outofthesystem andguard candidates against have prosecutors at arrest, opportunity anearlier education, jobs, and removed supports, from social Community Alternatives),Community 2, https://pdfs.semanticscholar. cases. By redefining reentry as a process that starts starts that asaprocess Byredefining reentry cases. cycle ofacriminalcase. andconsidered duringthelife incorporated can be even this may late. too planning be that Reentry onproviding end reform reentry that“focus[ed] over-incarceration. to publicsafety. positively impact Accountingfor the reentry process at critical junctures in criminal incriminal atcriticaljunctures process the reentry atthefront implemented endofthe that canbe atarrest,”that begins considerations thatreentry so transition backto thecommunitypriorto release to prepare “recognize theneed forthe models try then exercise their discretion tothen exercise their discretion divert appropri services to people immediately upon their release theirrelease immediately upon to people services and Recidivism at the and Recidivism atthe Ibid. Ibid. This section recommends prosecutorial reforms reforms prosecutorial recommends This section 1 More recently, More reen some 3

But - - - “the most powerful system. actors” in the justice “the most At this stage of the criminal justice process, pros process, At ofthecriminaljustice thisstage Advisers (“CEA”),Advisers Economic Perspectives (2016).EconomicPerspectives Advisers. ofEconomic 4 Council They can decide whether to arraign someone for whether toThey can decide arraign someone Massachusetts, has noted that prosecutors are thatprosecutors hasnoted Massachusetts, Many who attended the Center’s of the prosecutors 6 Foss, A. “A6 Foss, A. CriminalJustice VisionforaBetter Prosecutor’s December 2016Roundtable screen viewed the case December A. InitialCaseScreening and A. on Incarceration and the CriminalJustice System fact associated with an increased riskofrecidivism: withanincreased associated fact of incarceration spells werefound that longer in longer sentences of incarceration did not have ofincarceration didnot sentences longer a increasing its fairness, and reducing the number and reducing the number fairness, increasing its Charging Decisions increase of futureincrease offendingpercentage of 4 to 7 ney withtheJuvenile DivisionCounty, ofSuffolk then, Chargingdecisions, services. ofreentry need thecycle anddisrupt ofrecidivism. reentry impact to opportunity astheirfirst ing andchargingphase ceration andthe CriminalJustice System process not only promotes publicsafety, only promotes not process butcan points. payers. ofEconomic by theCouncil A2016report promotes both public and financial safety efficiency. both promotes prosecutors to influence the system as a whole by prosecutors juncture, therefore, theearli provide prosecutors archives.gov/sites/whitehouse.gov/files/documents/CEA%2BCri adam_foss_a_prosecutor_s_vision_for_a_better_justice_system/ also decrease the use ofincarceration andsave theuse decrease also and should not be inthesystem.Reforms be atthis and shouldnot minal%2BJustice%2BReport.pdf. up-next. of people who will be saddled withacriminalhis saddled whowillbe of people each additional year of sanction causes an average additional causes each year of sanction deterrent on crime. effect est opportunity to influence an individual’s opportunity est future haveecutors whoshould to decide theopportunity taxpayer dollars. tory, andin burdened by collateral consequences, allow reforms also inthesystem.These trajectory 5 ton, DC: Office of the President), 4,https://obamawhitehouse. Officeofthe President), ton, DC: should be viewed as serving a gatekeeping role that agatekeeping role that viewed asserving should be System.” Ibid. Adam Foss, a former Assistant District Attor District Adam aformer Foss, Assistant This redefinition of reentry also benefits tax benefits also This redefinition of reentry TED. March2016, https://www.ted.com/talks/ 5 Thus, considering reentry early inthe Thus,consideringreentry Economic Perspectives onIncar Economic Perspectives 4 Instead, the CEA report the Instead, CEA report (Washing- , found that , found that 6 ------

- The Center on the Administration of Criminal Law 13 - it can also decrease decrease also it can motes public safety, safety, public motes taxpayer dollars. taxpayer the use of incar use the reentry early in the reentry in the early process not only pro not only process ceration and save and save ceration … Considering ------Senior 9 Their experience also lends them a 10 Prosecutors should also risk assessment employ promoting pros line senior By reallocating staff, The Philadelphia District Attorney’s Office Office tookThe Philadelphia District Attorney’s solutions/early-screening/. Hearing Statement, http://www.phila.gov/districtattorney/ Hearing Statement, things, the availability and suitability of alternative alternative of suitability and things, availability the tools as early as possible during case screening and trial risk assessment tools aid in assessing the risk of or specialtyprograms courts. tive This enhanced to evaluate cases) is vested responsibility with evaluate to for the case screening process increases the likeli diversion. These alsodiversion. are reforms consistent with dismissed). recommendations enforcement law from deviate or requests for charges. charging. As Justice Institute notes, the Pretrial pre supervisoryecutors to roles, and using risk assess ecutor (who may not have the depth of experience not have may ecutor (who cases which determining accept to or decline or ecutors charged what they could prove. only which cases determine worthy and meritorious are of prosecution, newer guidance to and can provide charging process, especially when it is combined pdfs/2012%20budget.pdf. also of avoiding a model whereby a single line pros a single line a model whereby also of avoiding restructuringby approach a different perceptions about the charging unit: once seen as a “punish bear bring to of experienceattorneys years assess prosecutors can make educated decisions about prosecutors’ obligations to consider, among other prosecutors’ consider, obligations to information, prosecutors whether an can determine be alterna should to chargedindividual or diverted ment tools inform their decision-making to process, ment” assignment, the office appointed a respected ing and prosecuting cases, better are positioned to information can improve the case screening and information can improve enced Prosecutor: Recommendation,” http://www.pretrial.org/ enced Prosecutor: Recommendation,” hood that cases charged will be (or appropriately in instances of credibility they may level where line assistants. Using experienced prosecutors in future offenses and the danger that individuals may offensesfuture may and the danger that individuals 9 Philadelphia District Attorney’s Office, FY 2012 Office, Budget 9 Philadelphia District Attorney’s 10 Pretrial Justice Institute, “Early Screening “Early an Experi Justice Institute, by Pretrial 10 which cases and which merit merit incarceration which charges or dismiss. file to with senior prosecutors’ depth of experience. (or may not) present to the community. Using this not) present the community. to (or may veteran attorney to lead the unit to ensure that pros that lead ensure to the unit to attorney veteran - - - - -

7 Prosecutors’ offices rarely 8 Several office reforms can help improve this this Several reforms can help improve office Currently, there is little research there pros on how Currently, Ibid. sending messages offenders about to what behavior a huge impact levels, on incarceration sions have store, Foss did not him for thirty arraign felonies,store, http://johnjaypri.org/wp-content/uploads/2016/05/ArnoldRe the number of people in the charging unit in order This has the benefit increaseto screening capacity. they dismissthey divert.” or of not only allowing for review of more cases, of more for review allowing of not but only ecutorscase the can make to screeningcharging and of complaints, triaging of resources, and flagging cases for dismissal or nontraditional pathways outside of criminal justice system processing. correctional costs, outcomes like and individual cases as felonies misdemeanors, versus or why ecutors make charging decisions. According to ecutors to make charging decisions. According case disposition. For one of Foss’s defendants, this case disposition. one of Foss’s For one felony, or even a misdemeanor. Instead, Foss a misdemeanor. or even one felony, port2_webversion.pdf. 8 Prisoner Reentry (2016). Pretrial Institute Practice: a Building all” approach: a variety of strategies can lead to a variety all” approach: and write an essay about an essay his actions and write how could process. Importantly, there is no “one-size-fits- there process. Importantly, process, thoughtful consideration for more allowing plan to repay the store, perform community service, the store, repay plan to Charging Practices Charging improvements. For instance, the San Diego instance, City For improvements. rates and re-incarceration. of rearrest, recidivism, much about why prosecutorsmuch about why choose charge to is there and make their charging priorities public, impact the community. and his future impact public safety by thinking creatively about impactcreatively thinking safety public by a thirty meant stole he when that, from computers multiple felonies, one felony, a misdemeanor, or or a misdemeanor, multiple felonies, felony, one not sees Foss at all. the case screening and charg ing phase opportunity as an for prosecutors to 12 (New York, NY: John Jay College of Criminal Justice), Jay John NY: York, System 12 (New law professor Rachel Barkow, “We don’t know very know don’t “We professor Barkow, Rachel law in the process,little transparency for fear of overtly had him recover the stolen items, create a financial a create items, stolen the recover him had National Research Agenda for the Front End of Criminal Justice End of Criminal Justice Front for the Agenda Research National 7 will or will not be prosecuted. But charging deci There are a numberreforms that pros are There of different Attorney’s Office has increased staffing,Attorney’s tripling 1. Improve Case Screening and Case Screening Improve 1. … Because collateral… Because 14 consequences can cation, andemploy collateral burdens theconcerned about ecutors should be ability to findand a particular charge and thus reduce will carry for an for will carry successful reentry successful reentry recidivism—pros- that contribute to ment—all factorsment—all individual. Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry edu keep housing, hinder aperson’s - - • • • • Written avoid that policies decision-making adhoc when dismissal might be appropriate. mightbe when dismissal written guidelines on its website explainingthe onits written guidelines to flagforpretrial diversion ofcases what types themin towhen makingchargingdecisions assist 12 “Initial Screening / Central Judicial Processing Units.” Judicial Processing /Central “InitialScreening 12 National Prosecution 11 National Attorneys District Association. County Prosecutor’sCounty Office,http://www.njecpo.org/?page_id=2594. framework prosecutors use in screening cases. In cases. inscreening use framework prosecutors further prosecution: further help reorganize policing priorities), they can also be be theycanalso priorities), policing help reorganize Standards: Third §4-1.3, Edition http://www.ndaa.org/pdf/ Office in New Jersey (“ECPO”) haspublished Office inNew (“ECPO”) Jersey ing factors in determining whether cases can be canbe indetermining whether cases ing factors considerthefollow mandate that prosecutors guidelines ECPO forall criminalcases. inghouse may thatcontradict inchargingdecisions result diversion, or dismissal. for prosecution, ing cases programs or participation in specialty courts, and and courts, inspecialty programs orparticipation used as training materials to orient new prosecutors. astrainingmaterials to orientnewprosecutors. used appropriately diverted referred for or should be could also be given a checklist of factors to consider to given consider offactors be achecklist could also law withlocal collaboration enforcement, canalso both theshort- andlong-term.resources over office andconserving ofensuringpublicsafety dual goals tomore pursue forprosecutors can freeresources diversion programs andwhethernon-prosecution the types of charges to prioritize for prosecution, to for prosecution, prioritize of charges the types them,including before thecase thinking about inscreening engaged Prosecutors tion strategies. the office’s crime prevention andrecidivism reduc (which,ties ifcommunicatedto and/or createdin that provide aframework forattorneys whenscreen the ECPO, case screening is handled bythe ECPO, ishandled theInitial screening case - NDAA%20NPS%203rd%20Ed.%20w%20Revised%20Commen tary.pdf. Screening Unit (“ISU”), which serves asa clear Unit which serves (“ISU”), Screening only not helptoofficepriori articulate Such policies offenses. serious

For example, the Essex County Prosecutor’s Prosecutor’s County For example, the Essex create written shouldalso policies Prosecutors the charact the qualityofevidence;and the surrounding cir the nature oftheoffens er ofthedefendant. 11 Finally, reforms promote the these cumstances; e; 12

Essex

- - - - - 15 15 14 13 Prosecutors should also consider the impact ofcol considertheimpact shouldalso Prosecutors Likewise, the ISU also diverts appropriate cases to diverts appropriateLikewise, theISUalso cases law in expediting enforcement, and the courts lateral consequences canhinderaperson’slateral consequences ability atthefront-end oftheircases, lateral consequences to law connections andits lars enforcement and Court. A full description oftheprogram’s Afull description Court. particu 2. ConsiderCollateral Consequences 2. not alengthynot sentence. prison issues, forunderlyingment andintervention health individuals that certain require treat recognizes reentry and thus reduce recidivism—prosecutors andthusreducerecidivism—prosecutors reentry ment—all thatcontribute to factors successful Just including whentheymakechargingdecisions. for andtheconsequences Court in theSuperior a particular charge will carry foranindividual. willcarry charge a particular appropriate cases are referredappropriate to theECPO. cases to complainants ensure that onlyand potential the as in the screening phase ofacase,evaluation phase as inthescreening of offenses are classified appropriately are classified to and referred offenses withlaw staff,closely enforcementcourt officers, disorderly persons offenses in Special Remand inSpecial offenses disorderly persons to find and keep housing, education, andemploy - to housing, findandkeep grated data sharing between the prosecutor’s office, theprosecutor’s datasharingbetween grated level to theMunicipalCourt.” Court the Superior on warranting not prosecution complaints those anemphasisondiverting “with court, the proper to ensure that complaints and cases the ISU screens to anindividual’s col Inaddition,because actions. toward are proportionate ensuringthatthecharges done with an eye should be consequences these the judicialbranchisavailable here as orprosecuted downgraded to MunicipalCourt involved.those In2014, of 13,792 7,522 cases, were the newly established Mental Health Unit, Health which Mental the newly established at theCharging Stage should be concerned about thecollateral burdens about concerned should be screening and measuring outcomes. TheISU’s outcomes. andmeasuring screening screening process has reduced the number of cases ofcases thenumber hasreduced process screening Ibid. Ibid. Ibid. The ISU also relies heavily relies The ISUalso ondigitalandinte In screening complaints and cases, the ISU works complaints and cases, In screening 15

. 13 Thus, 14 - - - - -

The Center on the Administration of Criminal Law 15

. Collateral Project Click here Click here . click here For more on more For Database the ABA’s see the ABA’s to access the access to Collateral Collateral Consequences Defender Cen- juvenile cases, juvenile ter, “ ter, of the collateral of the collateral Consequences.” of the Collateral of the Collateral frequently asked asked frequently consequences of Consequences of Consequences in ten states, see states, in ten The National The National National Juvenile National Juvenile For a compilation For User Guide to and User Guide to Consequence Juvenile Collateral Collateral Juvenile National Inventory Inventory National . For the . For Conviction National Inventory, National juvenile convictions convictions juvenile questions about the

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allows

2009-2014 , National Inven National (the Researchers found that 19 National Inventory The National Subramanian, R., Moreno, R., and R., and Subramanian, R., Moreno, 21 In addition, federal and state laws that In addition, federal and state laws 20 ), an online database that collects collateral at 1214-15 & n.11. at 1214-15 In order to fully understand fully the consequences to In order The number consequences of collateral has also While immigration and voter disenfranchise and voter While immigration Id. National Inventory of the Collateral Consequences Inventory Collateral of of the National National Inventory Collat of the should consult the National their legislation consequences on collateral of criminal convic tions. Between forty 2009 and 2014, one states and Washington, tions”—covering expungement sealing, and record certificates https://niccc.csgjusticecenter.org/. https://niccc.csgjusticecenter.org/. D.C. enacted 155 pieces of the burden of legislation mitigate “to D.C. ground check.ground consequences Likewise, collateral government-sponsored student loan programs. to similar due occupational employment find to decisions, charging prosecutors from flow that can effectively prevent them from pursuing them from edu prevent can effectively disqualifying by them from cation alternatives license restrictions driver’s due to or is unable consequences and other post-convictionobstacles equally negative effectsreentering equally negative on individuals their communities a period after incarceration of a criminal or supervision. having instance, For require or housing when applications employment disclosure back or a criminal of criminal records Relief in Sight? States Rethink the the States Rethink Gebreselassie, in Sight? Relief S. (2014). across the country. attach upon conviction of a crime, with some having with some attach uponhaving crime, of a conviction across different statutory sections, which can make ascertaining the effect difficult. of a conviction among other topics. See prosecutors sort to triggering by category offense, tory eral Consequences Conviction of eral many more. many increased dramatically. separate rules that closemost 1,000 to states have impose consequences collateral spread often are ment consequences a lot the of attention, receive consequences of other collateral network have can obtain to ability their with also can record interfere 21 Collateral C. Collateral and Klingele, M., Roberts,20 Colgate Love, J., collateral consequencescollateral for people with certain criminal convic of relief, and relief from employment-related consequences, employment-related from and relief of relief, license restrictions, hamper this can severely thrive. his or her ability to (New York, NY: Vera Institute of Justice), 11. Institute Vera NY: York, (New (Thomson West, 2013), 521, § 9:10. States have begun to revisit begun revisit to States have 2013), § 9:10. 521, (Thomson West, . Justice Center, The Council Governments, of State Center, . Justice Conviction Consequences of Criminal Convictions: Law, Policy and Practice. Consequences Law, of Criminal Convictions: Collateral Consequences of Criminal Conviction In addition, when an individual is unable to drive drive is unable to In addition, when an individual 19 - - - -

While 16

y service; When these consequences y service; 17 deral welfare benefits; deral welfare

overnment-assisted housing; overnment-assisted 18 , https://www.nij. of Justice Institute National Pinard, M., (2010). “Reflections and Perspectives on M., (2010). Pinard, driver’s license. driver’s related or other professionalrelated licenses; and Criminal convictions often carry often Criminal convictions a host of collat ineligibility for jur ineligibility for militar pr r ineligibility for fe ineligibility for g The number and type consequences of collateral See

Federal Sentencing, Reporter Federal Sentencing and Corrections.” sequences less are during the life cycle apparent some consequences be to required disclosed are served supervision or community completed. In Northwestern University University Northwestern Reentry and Collateral Consequences,” the following: tive members of their communities.tive cut across areas of life and can include different effectsreentry during the on individuals process during the course of criminal proceedings, others do not disclosure—and require their impact is thus eral consequences that can last indefinitely, “long consequenceseral last can indefinitely, that of a criminal case. These consequences collateral Consequences.” Consequences.” are many and varied. Certain and varied. consequences many are are disenfranchisement—while other con and voter are aggregated together, they can have adverse adverse have can they aggregated are together, toand make it difficult for them produc become after an individual is fully rehabilitated.” is fully an individual after gov/journals/272/Pages/collateral-consequences.aspx. punishment of and furtherpunishment of and marginalize stig and practice, thesepractice, consequences the extend “serve to matize ex-offenders.” not known—until well after a sentence after has beennot well known—until vol. 27, no. 1, pp. 9–18, at 11. 9–18, 1, pp. no. 27, vol. Thing: The Evolving Role of Human Dignity in American of Human Dignity in American Role Thing: The Evolving 18 17 Shames, A. “Doing R. (2014). and Subramanian, the Right 16 Berson, the Sentence—Understanding S. “Beyond Collateral well-known—such as immigration consequences , vol. 100, no. 3, pp. 1213–1224, 1214. at pp. 3, no. L & Criminology Crim. 100, , vol. J. • • • ohibitions onobtaining employment- • estrictions onobtaining andusinga • • 16 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry “The Inventory can serve as a first-stop resource for for Inventory asafirst-stop resource canserve “The database when assessing adefendant’s whenassessing database Inventory National Inventory Minnesota anyoneMinnesota convicted of leaving the scene from chargingagiven case. life, livelihood). By using the information available 23 MINN.23 R.7409.0200 (2003). Collateral S.“Beyond theSentence—Understanding 22 Berson, in theNational Inventory etc.), education, rights, andwhethertheconse gov/journals/272/Pages/collateral-consequences.aspx. judges, defense counsel and prosecutors, allowing andprosecutors, counsel defense judges, amended. Weighingamended. thenature ofcollateral conse planninginthe reentry inpost-release as possible how to such understand allow better the prosecutor ofcriminalproceedings.”as part consequences toand theirclients considerthese Rico, Puerto ofColumbia, theDistrict all 50states, Consequences.” effects of these consequences outweigh whatever consequences ofthese effects to ask an impor allows prosecutors also quences or adjusted event be should not that the charges regarding whether decisions can makeinformed forhisorher onsuchalicense defendant relies thatdefendant(forexample, willimpact in charges to file. and what deciding charges case This will evant and“allow collateral consequences” lawyers ormandatory.quence isdiscretionary Intotal, the (employment, licensure,of consequence property cial driver’sforanywhere license from oneyear to of anaccidentisbarredfromacommer obtaining tant question: whetherthenegative,tant question: long-term thedefendantasearly or(ii)assist consequences asto avoid so to charges (i)adjust any inequitable them to quickly the significant locate details of rel- the Virgin Islands, government. and the federal than 44,000 from collateral consequences separate the deterrent and/or incapacitative are benefits Prosecutors should use andconsultthe shoulduse Prosecutors 23 a consequence thatisclearly relevant aconsequence ifthe National Institute ofJustice, https://www.nij. contains information on more database, prosecutors database, prosecutors 22

National - - - - Appropriate asa pretrial diversion used canbe A number of jurisdictions at the federal, state, atthefederal, and ofjurisdictions A number A National Survey ofCriminalJusticeandA National DiversionPrograms Survey with entry into the criminal justice system. In its into system. In its the criminal justice with entry loweringwhile also the risk of recidivism that comes 6, http://www2.centerforhealthandjustice.org/sites/www2. (Chicago: Center for Health andJusticeatTASC), forHealth Center Initiatives (Chicago: form, diversion may intheavoidance result or purest Inits for rehabilitation andrestoration. following definitionofdiversion programs: Alterna attheTreatment andJustice for Health tofront-end mechanism promote publicsafety B. Pretrial Diversion Programs less restrictive and affords more opportunities andaffords restrictive more opportunities less local levels havelocal usingdiversion as programs begun ofrecidivism. likelihood 24 Center for Health &JusticeatTASC. forHealth Center (2013). 24 25 “Pretrial25 Diversion,” National ofStateLegislatures , Conference centerforhealthandjustice.org/files/publications/CHJ%20Diver national survey of diversionnational survey programs, the Center pletely. At either end of the diversion spectrum, May http://www.ncsl.org/research/civil-and-criminal- 2015, 13, unnecessarily raisingtheriskofrecidivism. unnecessarily theyare all“designed that used, factors to address an individual is placed on a justice trackthatisan individual onajustice isplaced a means to address public safety concerns without concernswithout publicsafety toa means address dropping of a charge and dismissal of a case com ofacase dropping anddismissal ofacharge contribute to thecriminalbehavior oftheaccused.” the overriding goals are the same—to maximize maximize the overriding are thesame—to goals the provides (TASC) tives forSafeCommunities the opportunity for success and minimize the andminimize forsuccess the opportunity sion%20Report_web.pdf [hereinafter TASC Survey]. justice/pretrial-diversion.aspx. In its most general usage, general diversion most In its that means Regardless of the type ofdiversion ofthe type Regardless program 24

No Entry:

25 - - -

The Center on the Administration of Criminal Law 17 State State Diversion Diversion . Legislatures programs and programs rized diversion diversion rized Legislation of state statutes statutes of state their particulars, their particulars, visit the National - setting out autho For a complete list a complete For Conference of State of State Conference - - -

28 operated by law enforcement officers; enforcement operated law by operated as part branch. of the judicial prosecutors’ offices;and pr pr sp Diversion programs typically occur typically programs at one of Diversion that Below programs examples are of diversion

track. These serve programs an important gatekeep the officersprotect who them: studies suggest that injuries,theseofficer reduce programs diversion three points the criminal justice in process. There tice system. occur at the prebooking phase,when officers operate at these three phases of the criminal jus arrest an individual or divert them to a different a different them to or divert arrest an individual health symptoms or addiction als with behavioral also safety the to of both contribute the public and are opportunitiesare as for prosecutors be to involved advisers, advocates, implementers program and at every phase: be disruptive and lead to a higher risk of recidivism), a higher risk of recidivism), and lead to be disruptive jail use, and rearrest rates. problems. Law enforcement diversion programs programs diversion enforcement Law problems. respond incidents to and must decide whether to arrest avoid ing function. to They enable individuals issues, and offer servicesto treat these underlying 28 TASC Survey (citations omitted). at 12–13 28 TASC Diversion Programs Diversion

Law enforcement diversion programs generally generally programs diversion enforcement Law work to deescalate situations involving individu deescalate to involving situations work (and possible which can detention, pretrial lengthy 1. Law Enforcement–Led Enforcement–Led Law 1. • ebooking programstypically diversion • runby programs etrial diversion • ecialty andproblem-solving courts - - -

These programs, 26

27 substance abuse histories; other populations, including property of human trafficking. offenses, prostitution, certain traffic offenses, and defendants victims who are designed address to substance abuse for offenses, or defendants with identified designated for veterans; people charged or alcohol related with drug for people with mental illness; six s fift eight s nine s s tw Diversion programs are important are programs tools,Diversion because worthless check offenses; and violence and child abuse cases; At the state level, according to the National Con the National to according level, the state At Ibid. Ibid.

statutorily provide pretrial diversion alternatives to alternatives diversion pretrial provide statutorily that damage. they allow a prosecutor beyondthey allow consider moving to the traditional model These of criminal justice. traditional criminal justicetraditional criminal proceedings for persons tions, include the following: ers the individual to avoid re-offending avoid in the future. to ers the individual charged with criminal offenses… [and] a guilty plea an individual’s criminal behavior and also and empow criminal behavior an individual’s justice programs, which help to change behavior justice change programs, which help to behavior defendants showing the impactby their criminal has on their victim repair and helping to behavior providing peopleproviding connections work, to education, programs allow prosecutorsprograms allow propose to a different mental health and/or social services, or restorative mental health and/or intervention that both that intervention addresses root the causes of may or may not be required.” or may may 26 27 ference of State Legislatures, State of leastference “[a]t 44 states which are often authorized often which are for specialized popula These interventions are varied and can include include can and These varied are interventions • for programs diversion tates have • programsspecifically een states have • • fordomestic tates diversion allow for programs diversion tates have • programs diversion states have eventeen • programs diversion enty sixstates have 18 and improved and measure all participants. program outcomes, pretrial diversion stay reductions, vism rates, jail should data collect Prosecutors’ offices tion, andemploytion, ment outcomes for for ment outcomes including recidi- Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry educa health, - - The LEADProgram | (Seattle: University (Seattle: ofWashington), Costs Associated 2-3, http:// June+2015+LEAD-Program-Evaluation-Criminal-Justice-and- Attorney’s Officeserve ontheLEAD PolicyCoordinat Attorney’s Office and the King County Prosecuting Evaluation: Criminal Justice and Legal SystemUtilization and Evaluation: CriminalJustice and Legal King County, Washington When appropriate, law enforcement officers redirect 29 For other examples of prebooking diversion29 Forofprebooking programs runby examples other 31 Collins, S., Lonszak, H., and Clifasefi, S. (2015). S.(2015). H.,andClifasefi, S.,Lonszak, 31 Collins, 30 “About LEAD,” LEAD:Law Diversion, Enforcement Assisted LEAD isaprebooking diversion program designed in jail, andhadan87 percentin jail, lower chanceofatleast improve andpublicorder, publicsafety to reduce ing Group. Thegoals oftheprogram are several: to than arresting andbookingthemforfuture consider these offenders to community-based services, rather stagethe earliest inthecriminaljusticesystem: the the diversion pointfrom theprosecutor’s office to in certainneighborhoodsSeattle. LEADmoves to address low-level drug and prostitution crimes Law Enforcement Assisted Diversion (LEAD). nal justicesystem resources formore seriousorvio- point ofinitialcontactwithalaw enforcement officer. Ryjoj%2FxJHn5bb%2BkUjHQK0rOU%3D. Legal-System-Utilization-and-Associated-Costs.pdf?token=iEn harms adrug offendercauses to himselforherself. In recidivism amongitsparticipants,andto reduce the housing, health care, job training, drug treatment, law enforcement, see http://leadkingcounty.org/about/z jail bookings onaverage peryear, spent39 fewerdays found thatLEADprogram fewer participants had1.4 and behavioral Both theSeattle City support. health ation forcriminalcharges. Supportservicesinclude lent offenders.” static1.1.sqspcdn.com/static/f/1185392/26401889/1437170937787/ one prisonincarceration. evaluation Thissame also substantial system costreductions. showed significant infelony casesandreductions so doing, theprogram “preserve[s] expensive crimi 30 TASC at14–15 Survey A. &Appendix A 2015 evaluation of the program 29 31

LEAD Program - - - 2) specific guidelines foreligibility, guidelines 2) specific eitherinlaw while others require thatcan aconditionalplea while others Pretrial diversion runby programs prosecutors’ for the development and implementation of these for thedevelopment andimplementation of these Diversion Programs low-level offenses and who havelow-level offenses mental health later be dismissed pending successful completion completion successful pending dismissed later be 2. Prosecutor-Led2. Pretrial including recidivism jailstay rates, reductions, measure allpretrial diversion programoutcomes, implications ofboth.” agency typically by apretrial service reporting, and ing as final arbiter; supervision 4) managed ing attorney with one entity serv andthejudge) 32 TASC at16. Survey prosecutors’ offices byensuringthattheynot offices are prosecutors’ withlawprograms, andby partnering enforcement participation (e.g participation completion of the program; pending processing programs: “1) thedefermentoftraditionaljustice phase, programs are implementedatthepre-plea burdened with cases that could best be treated be that could best burdened with cases and/or substance abuse issues. These types ofpro and/or types These issues. abuse substance and improved and employment education, health, are nonationalstandards ornorms underlying their offices vary widely among jurisdictions, and there widelyoffices among jurisdictions, vary involvedcan andshouldbe funding insupporting outcomes for participants. forparticipants. outcomes orfailurecriteria and fordetermining success not-for-profitor local entity; and 5) articulated about decision-making 3)interagency or practice; diversion of prosecutor-led common components haveof theprogram. Researchers several identified andimplementation.Fordesign instance, some through alternative means. of the limitedgrams financial protect resources diversionto for individuals support who commit andcontrolled, prosecutors officer-led generally Although prebooking diversionAlthough prebooking programs are Prosecutors’ offices should collect dataand shouldcollect offices Prosecutors’ ., theagreementofprosecut 32

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The Center on the Administration of Criminal Law 19

- - - - - Suffolk Suffolk

With its partner partner its With 36 35 The intensive one-year pro one-year The intensive 37 The program has dramatically reduced reduced has dramatically The program 38 Ibid. jevshumanservices.org/job-readiness-career-services/ sentences. Operated in partnership with the District the with partnership in Operated sentences. social, academic, and employment consequences consequences social,and employment academic, drug offences and are facing one- to two-year prison two-year to one- facing are and offences drug offense. County Attorney Daniel F. Conley explains: explains: F. Conley Daniel Attorney offense. County gram, run by Jewish Employment and Vocational and Vocational Jewish Employment run by gram, criminal justice system, and second, minimizing the minimizing second, and system, justice criminal education services, job search and placement assis education job search services, goals—not just avoiding prosecution but having a a but having prosecution just avoiding goals—not charges dismissed. If there are no new violations after are If there dismissed. charges and the community as a whole.” a as community the and agencies, the program has two primary goals: “First, primary goals: has two the program agencies, the-choice-is-yours/. the-choice-is-yours-diversionary-program/. Services, costs about $5,000 to $8,000 per year per year $8,000 Services, costs about $5,000 to per participant, than the approximately much less another year, they can petition to have their crimi have can petition to they another year, and, upon successful completion, graduates have their graduates have and, upon successful completion, net-positive effect on their lives, victims’ victims’ lives, effect on their satisfaction, net-positive recidivism rates: its participants have recidivism rates of rates recidivism its participants have rates: recidivism reducing juvenile involvement with Suffolk County’s with Suffolk County’s involvement juvenile reducing pants must be referred by the District Attorney’s Office Attorney’s District the by referred be must pants nal records expunged. nal records resolution-pilot-program/#more-9979. in prison. Philadelphia District Attorney’s Office Philadelphia District Attorney’s people targets program diversion the Choice is Yours felony nonviolent first-time, committed who have Diversion for Low-Level Drug Offenders Drug for Low-Level Diversion their specific needs, and help them achieve specific specific achieve them needs, and help their specific that can follow that involvement.” that that can follow tance, and community service placements. Partici tance, and community service placements. $40,000 per year it costs to incarcerate someone someone incarcerate it costs to per year $40,000 Modeled after San Francisco’s Back on Track program, program, Track on Back San Francisco’s after Modeled 35 “Remarks of Suffolk County District Attorney Daniel F. Conley of Suffolk 35 Daniel “Remarks County DistrictAttorney 36 Services Human JEVS , https:// 37 “The Choice Is Yours,” Program,” Diversionary 38 “‘The Is Yours’ Choice www.suffolkdistrictattorney.com/remarks-of-suffolk-county- vidualized case management, skills training and basicvidualized case management, skills training on the Juvenile Alternative Resolution Pilot Program,” Resolution Pilot Program,” Alternative on the Juvenile district-attorney-daniel-f-conley-on-the-juvenile-alternative- https://phillyda.wordpress.com/2012/03/21/ 2012, , March 21, Office, March 21, District Attorney’s Philadelphia Attorney’s Office, Municipal Court,and the Defender Attorney’s indi provides Association of Philadelphia, the program http:// , Massachusetts,County 2017, February 3, District Attorney “The Choice Is Yours” Program Program “The Choice Is Yours” “[JAR] will assess their specific backgrounds, identify identify backgrounds, specific their assess will “[JAR]

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34 - Overcoming Designed for court-involved Designed for court-involved 33 In addition to this formal diversion program, the program, this formal diversion In addition to school-based safety initiative aimed at reducing safety aimed at reducing initiative school-based at-risk identifying by violence community and school gram aims to steer at-risk juveniles away from crime, from away juveniles at-risk steer to aims gram cleared. are participants’ records completion, Suffolk County, Massachusetts Suffolk County, pilot project, the Suffolk County Attorney’s Office Office Attorney’s Suffolk County the project, pilot provide early prevention. Experienced prosecutors Experienced prosecutors prevention. early provide discuss to with schoolchildren meet in small groups niles, beyond those who committed their first their first who committed those beyond niles, planning, relationships, and more. After successful successful After and more. relationships, planning, Gap Diversion Program. Gap Diversion the ramifications of gun and gang-related violence. violence. gang-related gun and of the ramifications County Attorney’s Office disseminates the Office disseminates County Attorney’s Program Bridging the GapDiversion Office District Attorney’s tice system can lead to a lifetime of entanglement, entanglement, of lifetime a to lead can system tice with partners Office Attorney’s County Suffolk the offenders juvenile referring by Army the Salvation to its Bridging the offense their first who committed is committed to serving a broader class of juve a broader serving to is committed its Community Based Juvenile Justice program, a a Justice program, its Community Based Juvenile that covers ethics, self-esteem, peer pressure, addic pressure, peer ethics, self-esteem, that covers tion, anger management, job-seeking and financial and financial management, job-seeking tion, anger Recognizing that early contact with the criminal jus contact with the criminal that early Recognizing 33 “Bridging the Gap Diversion Program,” Suffolk County District Program,” 33 the Gap Diversion “Bridging Suffolk County 34 and Prevention,” Intervention “Early youth and using proved prevention strategies. strategies. prevention and using proved youth youth ages twelve to seventeen, the three-month pro three-month the seventeen, to twelve ages youth com/bridging-the-gap-diversion-program/. districtattorney.com/partnerships-and-prevention/ early-intervention-and-prevention/. violence, and substance abuse through programming programming and substance abuse through violence, Pretrial Diversion | Diversion Pretrial of Prosecutor-Run Examples Programs , Massachusetts, http://www.suffolk District Attorney

As part of its Juvenile Alternative Resolution (JAR) (JAR) Resolution Alternative As part of its Juvenile curriculum to schools as a teaching tool to to tool schools as a teaching to Violence curriculum , Massachusetts, http://www.suffolkdistrictattorney. Attorney Juvenile Diversion Juvenile The office also supports early intervention through through intervention The office also supports early 20 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry defendants. to behigher-risk first blush, appear ticipants who, at to include par diversion programs to expandpretrial to whether consider should also beused andevidence Data - Philadelphia District Attorney’s PhiladelphiaDistrict 40 See Office. Pre-Trial Diversion 42 TASC at17&n.47 Survey (citingSchillo, B., B.,Erickson, 41 TASC at17&n.45. Survey This will enable prosecutors to makefuture diverThis willenableprosecutors Attorney’s Office,Pre-Trial DiversionPrograms . Diversion Program: Clients WhoEnteredDiversion Program: the in 2001. Program County, in reductions hadmeasured Minnesota, Novo, De Operation inHennepin whichoperated Currently, diversion there isevidencethatthese chance/article_3e3a7dfd-17b7-50f8-874d-708e0201aedb.html; vism, HuffPost, vism, HuffPost, August http://www.huffingtonpost.com/9, 2013, council.com/wp-content/uploads/2016/04/Pre-Trial-Diversion. recidivism rates. and maintaindataontheir individual participants 39 39 programs result in less incarceration time, inless avoidprograms result - and Goldman, L., “The ChoiceisYours, “The L., PhiladelphiaDA’sand Goldman, and Schauben, L. (2003).Review ofOperation DeNovo’s L. and Schauben, Adult and substance use outcomes. use and substance ance ofcriminalrecords, andpositive mentalhealth Chance,” tions ofprogram components,targeted populations, tion. phillytrib.com/news/district-attorney-s-office-offers-a-second- Office, including their programming componentsand outcomes afteroutcomes they graduate or leave the program. should to track implement, decides prosecutors Program forYoung withMinimalRecidi Succeeds DrugDealers Philadelphia.pdf. Through Non-TraditionalResources http://phl Prosecution, - JudicialPrograms: Preventing Future CrimeandPreserving marijuana, certain first-timemarijuana, felonies, and prostitu misdemeanors, domesticviolence, smallamountsof laura-goldman/the-choice-is-yours-phila_b_3732718.html. and outcomes. just 7to 8percent, compared withPennsylvania’s per 71 for Health andJusticeatTASC’s comprehensive look at the range of pretrial diversion programs cent recidivism rate forjustice-involved youth overall. sion decisions that are based on evidence and data. onevidenceand data. thataresion decisions based operated by thePhiladelphiaDistrictAttorney’s city go through adiversionary program. For adetailed eligibility requirements, survey ofprograms should consult of the information wealth in the sion programs, including thoseaimedatnon-first time See See Regardless of the type ofprogram anoffice of the type Regardless In implementing programs, prosecutors’ offices The officealsorunsahostofother pretrial diver 40 Miller, L., “District Attorney’s Office Offers a SecondMiller, Attorney’sa “District OfficeOffers L., Forty percent casesinthe ofallmisdemeanor The Philadelphia Tribune, May 8, http://www. 2015, 42 , whichprovides detailed descrip However, of survey inamajor see 41 Philadelphia District Some programs, like like programs, Some Center Center 39 ------

44 44 43 TASC Survey at 17 & n.51 (citing National Association TASC43 at17&n.51(citingNational Survey Association Assistance, http://www.smartprosecution.apainc.org/smart-Assistance, 21, is a post-plea, presentence diversion presentence 21, program is a post-plea, wise, the Conviction and Sentences Alternatives andSentences wise, theConviction 79b356904a028cfa1245506122e4.pdf; and City of Saint Louis andCityofSaintLouis 79b356904a028cfa1245506122e4.pdf; Redirect Program, a post-plea, felony apost-plea, Program, diversionRedirect Circuit Attorney’s TheGun Louis started Office has Program (CASA), which is discussed below at page atpage below whichisdiscussed Program (CASA), Practices in Pretrial Diversion.(Washington, 16, inPretrial Practices NAPSA), DC: for up to one year and, upon successful completion completion for upto successful oneyear and,upon circuitattorney.org/GunRedirectProgram.aspx. CASA program aimsto program identifyindividualsCASA who cies-with-support-from-the-Bureau-of-Justice-Assistance.pdf). of Pretrial Services Agencies (NAPSA). (2010). (NAPSA). Promising Agencies of Pretrial Services initiative that takes steps to parse individuals towho initiative parse steps thattakes thatthedriving force behind ing datasuggests improve where underly outcomes, publicsafety national pretrial diversion programs,only 36per participants, who then meet weekly whothenmeet withapros participants, Minneapolis, MN: onCrimeandJustice.Minneapolis, Council Circuit Attorney’s Office, “GunProgram,”Redirect http://www. Circuit Attorney’s Office Smart Prosecution Initiative:Circuit Attorney’s GunProsecution OfficeSmart are arrested and charged with illegal gun posses with illegal andare charged arrested Forand rehabilitative instance, theSt. services. as well as behavioral and cognitive therapy. program for these conducted is also assessment prosecution-site-descriptions; Smart Prosecution, “St. Louis “St. Louis Prosecution, Smart prosecution-site-descriptions; can be addressed through intensive addressed supervision can be recidivism.data about thattheycollected reported cent ofsuchprograms commit crimes for specific and identifiable reasons and identifiablereasons for specific commit crimes The ofCalifornia. District inthe Central operating iswithdrawnof theprogram, the guiltyplea and Sentencing isdeferred progress. officer todiscuss ecutor, diversion manager, judge, andprobation other a gun for reasons who are carrying offenses withgun ofindividuals charged apool develops the criminal behavior is readily identifiable and Thiscanactually higher-riskdefendants. to be who, to includeparticipants blush,appear atfirst given to employment access and support, education are In addition, participants dismissed. the charge future violence. than to Ariskneeds perpetuate Diversion Project,” http://docs.wixstatic.com/ugd/2ae0d4_feee Promising-Practices-in-Pretrial-Diversion%E2%80%9D-Pub http://www.nationaltasc.org/wp-content/uploads/2012/11/ lished-by-the-National-Association-of-Pretrial-Service-Agen sion. In conjunction with a crime analyst, the Office with a crime analyst, the Office sion. In conjunction sider whether to expand pretrial diversion programs See See Data and evidence should also be used to con used be Data andevidenceshouldalso “Smart Prosecution Site Map,” Prosecution “Smart Bureau ofJustice 43

44 Like ------The Center on the Administration of Criminal Law 21 Prosecutors play role an essential of success in the courts specialty individual because who candidates meet eligibility are requirements identified usually case during the and screening process. charging

- - - - This principle This principle as well as vocational as vocational as well 48

49 This principle highlights This principle highlights Their goal address is to the root 47 ties. The concept implies often an interest in the presenting the victims litigant than to of the justice including court system, administra tors, judges, supervision attorneys, agencies, ser the role of interdisciplinary collaboration of interdisciplinarythe role collaboration defining “problems” of interest “problems” belong lessdefining to including the larger community; crime, problems of litigants,problems victims, or communi individual rehabilitation; but sometimes rehabilitation; individual the indicates a focus on solving the underlying indicates a focus on solving the underlying Problem-Solving Orientation: Problem-Solving Collaboration: In 2010, the Center for Court Innovation out Center the Court for Innovation 2010, In with players both internal and external to both to and external internal with players vice providers, and community members;vice providers, and Although the particulars the Although specialty of court

system and with residents, businesses, the faith training. The programs “focus on providing safe “focus training. The programs on providing organizing principles: problem-solving orientation, its report, From collaboration, and accountability. these defined are as: courtdockets…focus targeteda on segment the of offender with distinctpopulation needs, including drug addiction, mental illness, or homelessness, in prostitution or who involved or individuals providing by behavior causes of an individual’s health interventions, behavioral and drug treatment and schools,” community, community—as opposed in jail or prison—and to along a continuum.” are veterans.” are “fosteringand by relationships within the justice treatment, interventions, and effective services, and supervision eligible defendants in the to at 12. at 12. programs vary widely, typically these “special these typically “special widely, vary programs problem-solving courts, three into down broken place greater emphasis on behavioral progress emphasis on behavioral place greater lined a set of universal performancelined a set for indicators universal of 47 Shames and Subramanian, “Doing the Right Thing” (2014), Survey at 23. 48 TASC Shames and Subramanian, “Doing the Right Thing” (2014), 49 • •

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45 TASC SurveySee at 26. also TASC Prosecutors play an essentialProsecutors in the suc play role http://mcda.us/index.php/community-initiatives-special-pro other social service results interventions usually there is an agreement that charges that agreement an is bethere will dropped try service and case providers, managers. Some tered in conjunction with other law enforcement- enforcement- in conjunctiontered with other law defendantsmust is plead conviction a and guilty Others and follow diversionary entered. truly are dates usually meet who are eligibility requirements cessof specialty courts because candi- individual defense counsel, officers, probation judges, reen defendants into interventions outside traditional of interventions into defendants case processing. Generally speaking, while these conduct appears to have been motivated primar beenconduct motivated appears have to a pre-plea model, and in which no plea is entered and/or prosecutor-led other include and programs and/or and does not automatically exclude individuals and does individuals exclude not automatically upon successful completion. program by the Multnomah County the Multnomah by District and Attorney judicial branch offer anotherjudicial branch opportunity triageto grams/community-court/. grams/community-court/. programs operate on a post-plea model in which programs are court-operated, are programs adminis are they in a dismissal cases of first-time in the program. identified case during the and charg screening County, ing process. the Multnomah instance, For ily by substance by ily illness,mental abuse, the even or culpable codefendants. influence of more negative Oregon Community Court operates with oversight key criminal justicestakeholders like prosecutors, ful completion of required community service or focuses quality of life crimes. Success on low-level Problem-solving or specialty courts within the with serious criminal histories, so as their long 3. Specialty and Problem-Solving Courts Courts and Problem-Solving Specialty 3. 45 TASC Survey at 23. 45 TASC Court,” “Community 46 Multnomah County District Attorney, 22 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry • a Court Problem-Solving? Universal Indicatorsfor Performance Problem-Solving? a Court What_Makes_A_Court_P_S.pdf. The report providesathorough Thereport What_Makes_A_Court_P_S.pdf. Justice (New York,Problem-Solving NY: Innova forCourt Center - (Portland, OR: NPC Research), VI-VIII Research), OR: NPC uation Report (drugcourt (Portland, local jails, and a pattern of defendants repeatedly repeatedly jails,andapattern ofdefendants local org/resources-and-services/court-improvement/ and courts ofproblem-solving oftheoperation discussion related cases overwhelming thecourt’srelated and cases docket retributive anddeterrent onewas novel.” prison than a comparison group. thanacomparison prison felonies), https://www.flcourts.org/core/fileparse.php/266/urlt/felonies), hadsignificantly lowerparticipants recidivism attwelve rates to problem-solving-courts/drug-courts/. intheiradministration. practices recommendations forbest outcome and impact evaluationoutcome andimpact ofFlorida’s adult drug courts showed thatindividualsdrug courts whocompleted explicitly rehabilitative orientationratherthana were new,cated to not drugcases withan acourt andjailswithoutreceiving cycling courts between indrug- to anupsurge inresponse arose court in1989. inMiami-DadeCounty established the program were 80 percent less likelythe program were to to go less 80percent dedi courtrooms specialized treatment. “While 53 NPC Research. (2013). FloridaAdult Felony (2013). Research. Eval- DrugCourts: NPC 53 52 TASC at23. Survey 51 “DrugCourts,”, http://www.flcourts. FloridaCourts 50 Porter, R.,Rempel,M.,andMansky, (2010). A. FloridaAdultFelonyDrugCourtsEvaluationReport.pdf. twenty-four months post-program exit for both drug arrests and drugarrests twenty-four exitforboth monthspost-program tion), iii-iv, http://www.courtinnovation.org/sites/default/files/ solving courts, with the first officialsuchcourt withthefirst courts, solving

Drug courts provide the oldest model forproblem- model provide theoldest Drug courts Accountability: Accountability: promoting compliance by participants/litigants, promoting compliance by participants/litigants, and track its performance. and trackits to thelarger itself accountability by thecourt community to implement its intended model model intended community to implementits providers, and among service quality services This principle focuses onThis principlefocuses 50

What Makes 52 A2009 51

The -

with community-based services, and the treat services, with community-based Guide toResearch-Informed andPractice Policy for dismissal and expungement upon successful successful upon andexpungement for dismissal criminaljustice for example, to attempt alignboth dismissal of charges or expungement upon completion). upon orexpungement ofcharges dismissal approximatelycourts, halfrequired a“guilty” or“no contest” resources. each individual’sment offered on depending varies post-plea models, the courts connect individuals connect thecourts models, post-plea pathway “so forqualifying defendants, thateach assessed needs andtheavailable needs programming assessed withabehavioral interests and publichealth health Council on State Governments Justice Center), 5,https://www. JusticeCenter), onState Governments Council plea prior to participation, and one-third allowed foreither andone-third priortoplea participation, outcomes for people with mental illnesses and withmentalillnesses forpeople outcomes movementcourt and,asof2012, there were more completion oftheprogram. their communities.” there were more ofproblem- than1,100 types other than 2,700 intheU.S. suchcourts 56 Almquist, L. and Dodd, E. (2009). MentalHealth E. A Courts: andDodd, L. 56 Almquist, 55 54 TASC at24. Survey 58 58 57 system can fulfill its duty and produce the best best the dutyandproduce system canfulfillits nationally. courts solving bja.gov/Publications/CSG_MHC_Research.pdf. Ibid. See See Id The Miami-Dade experience spawnedThe Miami-Dade experience a drug . at 12 (in a 2003 national survey oftwenty (ina2003nationalsurvey . at12 mentalhealth id. at16. 57 Some post-plea court models allow models court post-plea Some 56 Operating on both pre- and pre- onboth Operating 55 Mental health courts, courts, health Mental 58

(New York, NY: 54 As of2013, As -

The Center on the Administration of Criminal Law 23 - - - - - What What Philadelphia District Attorney’s see Philadelphia District Attorney’s Center for Health & Justice at for Health & Justice at see Center Center for Court Innovation, for Court Innovation, Center see No Entry: A National Survey of Criminal Jus Criminal of Survey National A Entry: No National Conference of State of State National Conference courts, see solving courts, components of Philadelphia’s many diversion and diversion many components of Philadelphia’s court phase, tice Diversion Programs and Initiatives, at 23-27. tice Diversion Programs mance Indicators for Problem-Solving Justice. mance Indicators for Problem-Solving . Programs Diversion Office, Pretrial Makes a Court Problem-Solving? Universal Perfor- Problem-Solving? a Court Makes . Diversion Pretrial Legislatures, For best practices in establishing problem-solving in establishing problem-solving best practices For problem- authorizing statutes a list of state For For a full description of eligibility for and program program and for eligibility of description full a For at the programs diversion of other a survey For ATI programs, programs, ATI TASC, TASC,

services, treatment for drug abuse, trauma counsel abuse, trauma for drug services, treatment court-based Veterans’ Administration officials for a Administration Veterans’ court-based active members of the military and who have not had military and who have of the members active within the previous conviction or gun-related a felony resolved model, are cases the majority of and pre-plea also includes 120 days of reintegration preparation. preparation. of reintegration 120 days also includes sanctions of escalating violations with for judge, a case the underlying year, for the following arrest-free an individualized evaluation that can include reentry reentry can include that an individualized evaluation needs assessment and to determine benefits eligibil determine needs assessment and to place which takes training, and employment housing, sta as pretrial entered cases that are and program program terms. Upon graduation, terms. the case is dis program if the defendant remains and, missed with prejudice be expunged. may ity. VA staff then recommend available appropriate appropriate available recommend then staff VA ity. treatment, mental health treatment, medical referrals, assigned a are under court supervision. Participants court. the once dismissed by be expunged tuses may with a nonviolent misdemeanor who are former or former or misdemeanor who are with a nonviolent a post-plea uses both program the Although years. ten meet with Candidates being entered. without a verdict ing, and parenting classes. The 12-month program program 12-month The classes. parenting and ing, Progress is assessed in monthly appearances before before appearances is assessed in monthly Progress Further Resources Further

VA programming, which can include drug and alcohol drug include which can programming, VA VA mentor. Upon completion, they graduate from the from graduate they Upon completion, mentor. VA Veterans Court Veterans The Veterans Court program serves defendants charged defendants charged serves Court program The Veterans • • • • ------sive treatment, life skills training, and counseling counseling and training, skills life treatment, sive services. aftercare program. aftercare percent abstinence from drugs and alcohol. drugs abstinence from percent relapse prevention, while working to develop an develop working to while prevention, relapse plan and whether the individual has a dual men needs are also assessed. needs are Upon completion, defendants graduate from the from defendants graduate Upon completion, tal health diagnosis. During this phase, housing tal health diagnosis. During this phase, housing fication and assessment to determine a treatment a treatment to determine fication and assessment Phase 4 lasts for four months and requires 100 100 4 lasts for four months and requires Phase Phase 3 lasts for four months and emphasizes Phase 3 lasts for four months and emphasizes Phase 1, which lasts one month, focuses on detoxi on focuses month, one lasts which 1, Phase inten months and includes Phase 2 lasts for three

cialty courts, with the District Attorney’s Office playing courts, with the District Attorney’s cialty pro the to participants eligible referring and didates testing, drug treatment, regular and alcohol drug charges are dismissed with prejudice. If they remain remain they If prejudice. with dismissed are charges their year, following the for free alcohol and drug expunged. cases are defendant’s plea is held in abeyance while she under while abeyance in is held plea defendant’s cases who have a nonviolent record and a history of and a history record a nonviolent cases who have graduated sanctions for infractions, including writ including sanctions graduated for infractions, grams. Three examples of these programs are below: are programs of these examples Three grams. goes the program, with specific services based on the program, goes a key role in screening cases to identify potential can identify potential cases to in screening role a key at the discretion of the District Attorney’s Office. The of the District Attorney’s at the discretion adult and Defendants no contest convictions. plead meetings with case managers, and monthly prog and monthly with case managers, meetings ress meetings with a supervising judge. There are are There supervising judge. with a meetings ress program and their no contest plea is withdrawn and is withdrawn plea and their no contest program prostitution convictions. Defendants are accepted accepted Defendants convictions. are prostitution no more than two previous juvenile adjudications or adjudications juvenile previous two than more no the plea is held in abeyance until they complete the the complete until they in abeyance is held the plea which includes program, four-phase twelve-month, ing essays, increased reporting, and short jail stays. reporting, increased ing essays, Project Dawn targets women with open prostitution women with open prostitution targets Dawn Project Philadelphia’s drug treatment court targets indi targets court treatment drug Philadelphia’s Philadelphia’s judicial branch operates numerous spe numerous operates judicial branch Philadelphia’s viduals with nonviolent drug-related offenses with offenses with viduals drug-related with nonviolent Project Dawn Court Dawn Project Drug Court Program Drug Philadelphia’s Specialty Courts Specialty Philadelphia’s • • • • 24 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The CASA team identifies and designates participants The CASAteam identifiesanddesignates participants Track 1orTrack 2 The CASATeam Alternatives Program Overview,” (CASA) https://www.cacd. Judge, Central District of California, Western ofCalifornia, Judge, District Central Division,” Alternatives Program, (CASA), which was thefirst(CASA), whichwas ofitskindinthefederal (PSA). CASA’s goals are to identify people who commit Central DistrictofCalifornia Conviction andSentence In 2012,theCentral DistrictofCaliforniaestablished Four district judges throughout the Central District March 24, 2017 (remarks about CASA programto CASA theU.S. 2017(remarksMarch 24, about Central District of California, “Conviction ofCalifornia, District andSentence Central involvement intheunderlying criminaloffense. Their tend to have more seriouscriminalhistories ormore training.issues, andeducation Track 2participants with minimalcriminalhistories andwhosecriminal the program. Track 1participantsare usually those with magistrate judges, and representatives from the to address thecontributingcauses to thecrimi terms including restorative penalties andprograms than thetraditional incarceration Theprogram model. andlower rates ing basisforthecriminalconduct; to participant’s each needs to address the underly ted theiroffensesforaspecificandidentifiable reason; the Conviction andSentence Alternatives Program files/pdf/amendment-process/public-hearings-and-meet the U.S. Attorney’s Office (USAO), the Federal Pub the districtcourtforCentral DistrictofCalifornia, USAO, FPD, andPSA. uscourts.gov/judges-requirements/court-programs/casa. 59 “Written Statement of Dolly M. Gee, United States District United59 District “Written States StatementM.Gee, ofDolly nal conduct, such as substance abuse, behavioralnal conduct, provide intensive supervisionandresources tailored as either“Track 1” or“Track 2”uponacceptanceinto program establishedinpartnership thatwas between addressed by aone-year monitoring periodwith accomplishes thisthrough thefollowing steps: ings/20170418/Gee.pdf. lic Defender (FPD),andthePretriallic Defender ServicesAgency conduct appearsconduct to be an aberration that could be of California preside over the CASA Program, along of recidivism andsubstanceabuseata cost lower system. CASAisapost-plea presentence diversion Sentencing Commission), http://www.ussc.gov/sites/default/ Commission), Sentencing United States District Court, Court, alsoUnitedSee District States 59

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The CASATeam haspre-meetings before session each Track 1participants. Track can be addressed 2 participants’ conduct by

vated primarily by substanceabuse,mentalillness, Participants are alsoassignedanFPDfortheduration Defense lawyersDefense and, on occasion prosecutors, telephone callpre-meetings withtheirPSAofficer. The to discussparticipantprogress. Participants alsohave Pre-Meetings andMeetings Office prepares a is sentencing Presentence Report, transferred to theCASAjudge, andthedefendant the U.S. Attorney’s Office.Thecriminalcaseisthen Plea ticipation orthetrack into whichsomeoneisplaced. the program. Theteam reviews defendants’criminal Participant Selection Upon acceptance into CASA, adefendantsigns Upon acceptanceinto CASA, purpose ofthemeetings isto assessprogress andcon pleads guilty before him or her. While the Probation program, along with a written plea agreement with meet in a CASA judge’s courtroom. The sessionstouch participant’s circumstances, the team and participants required to complete therapy or lifeskillsclasses. histories andwritten submissionsandengages ina ment, aswellothersupportservicesofferedment, to fer on any issues or problems thatmay have arisen and assigningthemto Thejudge atrack. presiding judges, and PSA officers, recommend participants for accompanied by drug and/or mental health treat a one-to two-year periodofintensive supervision, of theprogram. deferred pending completion of the CASA program. detailed written contract explaining theterms ofthe on abroad range oftopics, andcaninclude outside occur weekly, biweekly, or monthly, depending on a At themeetings theweek. themselves,during which cretion andcan,along withtheCASAjudge, veto par over thedefendant’s criminalcaseretains somedis collaborative discussionbefore admittingindividuals dants. Despite potentiallydants. Despite seriouscriminalhistories, or thenegative influence ofmore culpable codefen- conduct, while perhapsserious,appears to bemoti conduct, speakers andCASAalumni. Someparticipants are also - - - - - The Center on the Administration of Criminal Law 25 - bars—have been bars—have low- moderate- and - found by research ing “higher rates of ing “higher rates ity both during the during the ity both negative pretrial pretrial negative new activ criminal the length of pretrial of pretrial length the - includ recidivism, up to thirty days, days, thirty up to risk defendants defendants risk Even short Even short post-disposition significantly.” periods of pretrial periods of pretrial period and pretrial as And, position.” outcomes and years after case dis- case after years detention fordetention low- and moderate-risk defendants—as few behind days as two increases detention also increase increase also ers to correlate with with correlate to ers “recidivism rates for rates “recidivism

- - - 62 o fourteen days, low-risk low-risk o fourteen days, In fact: 61 And, as the length of pretrial And, as the length of pretrial 60 to commit new crimes to situated than similarly than twenty- defendants held no more who are situated defendantstion than similarly who are defendants are nearly 40 percent more likely likely 40 percent nearly defendants more are commit to defendants 51 percent likely are more a new crime within two years after case after years disposia new crime within two periods. bothat twenty-four-month and twelve- increases, so does their likelihood of recidivism held no more than twenty-four hours. As than twenty-four held no more the is detained pretrial length of time an individual four hours; and when held for eight t when Ibid. Ibid.

Statistics have shown that pretrial detention can detention that pretrial shown Statistics have tors can positively impacttors can positively safety public through dants—as few as two days behind bars—have been behind bars—have dants—as days as two few case disposition.” “recidivism increasesdetention thirty up to days, pdf. approach to pretrial detention, prosecutors detention, pretrial to approach can also unnecessarily raising the risk that defendantsavoid both period pretrial the during after years and pretrial detention for low- and moderate-risk for low- detention pretrial defen outcomes and post-dispositionpretrial recidivism, rates and moderate-risk for low- defendants also increase significantly.” reentryevidence-basedan taking By reforms. including “higher rates of new criminal activity C. Pretrial Release and Bail Release C. Pretrial wp-content/uploads/2014/02/LJAF_Report_hidden-costs_FNL. have criminogenic effects: short even have periods of found by researchers to correlate with negative researchersfound by with negative correlate to 61 62 60 Lowenkamp, C., VanNostrand, M., and Holsinger, A. (2013). M., and Holsinger, C., VanNostrand, 60 Lowenkamp, (New York, NY: Laura and NY: CostsThe Hidden of Pretrial Detention York, (New will reoffend when they return to the community. to the community. return when they will reoffend John Arnold Foundation, 3, http://www.arnoldfoundation.org/ 3, Arnold Foundation, John The pretrial periodThe pretrial is another prosecu where place • low-risk days, three to two only for held • ------The CASA Program has primarily measured suc measured primarily has Program CASA The serious criminal histories or more significant offenses or more serious criminal histories some sort of progress—such as a job or attainment of as a job or attainment some sort of progress—such structively occupied for forty hours per week with per week with occupied for forty hours structively conservatively estimating what it would have cost cost have what it would estimating conservatively an estimated saved of Prisons, the CASA program cess by graduation rates, with an eye toward longer- toward with an eye graduation rates, cess by gram before graduation, they proceed to a traditional, to proceed graduation, they before gram dismissed and are subject to supervision following supervision following subject to dismissed and are educational goals, being substance-free, and/or over and/or being substance-free, educational goals, dishonesty or new criminal charges result in dismissal result charges dishonesty or new criminal odic homework assignments. They must also be con must They odic homework assignments. clearly also treatment.or are Consequences enting, graduation. Track 2 graduates generally have more more have generally graduates 2 Track graduation. Sentencing and/or Dismissal and/or Sentencing laid out: sanctions result from noncompliance, and noncompliance, from laid out: sanctions result accepted into the CASA Program and, when the grad the CASA Program into accepted adversarial sentencing based on the plea agreement agreement based on the plea sentencing adversarial percent have graduated versus 12 percent who were were who percent 12 versus graduated have percent and are generally sentenced by the CASA judge to a to the CASA judge by sentenced generally and are ation is not automatic, and participants must show ation is not automatic, at also looks The CASA Team all stability in their lives. anywhere from twelve to twenty-four months. Gradu twenty-four to twelve from anywhere from the CASA Program. from activities such as employment, job searches, par activities such as employment, job searches, period of probation. Graduation Over its five years in existence, 222 defendants were 222 defendants were existence, in years its five Over uation versus termination rates are compared, 88 88 compared, are rates termination uation versus When the program. completing prior to terminated Bureau house these participants with the Federal to term reductions in cost-savings and recidivism rates. rates. and recidivism in cost-savings reductions term they signed. The CASA judge performs the sentencing. the performs judge CASA The signed. they $3,800,928 million in costs. $3,800,928 whether there is a solid and realistic life plan suggesting life plan suggesting is a solid and realistic whether there the future. in reoffend to that a participant is not likely Expectations and Consequences Expectations tract signed by the parties. Participants are expected expected are Participants the parties. by signed tract do peri and meetings biweekly or weekly attend to For participants who are terminated from the Pro from terminated participants who are For Depending on the participant, the CASA Program lastsDepending on the participant, the CASA Program Expectations are clearly laid out in the written con written laid out in the clearly are Expectations Termination Track 1 graduates will have their criminal convictions their criminal convictions will have 1 graduates Track 26 When held only When for commit new crimes new commit cent more likely to are nearly 40 per who are held no situated defendants than similarly two to three days, more than twenty- four hours four Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry defendantslow-risk - VanNostrand: As of 2015, nearly two-thirds ofcountyjailpopula nearly two-thirds of2015, As Jails%20at%20a%20Crossroads_8.10.15.pdf. John Jay ofCriminalJustice), 14, http://johnjaypri.org/ College was oneoftheirtop challenges. 66 65 Ortiz, N.65 Ortiz, JailsAn ataCrossroads: Examination County (2015). In Jail, “Prisons: ButNot (2013). A. R.and Cannon, 64 Aborn, Rethink Institute.Practice: Reentry (2016).Pretrial - 63 Prisoner In 2010 intheUnited 487,000 States, unconvicted By reframing the bail hearing as a focus on theBy reframing as a focus the bail hearing of the Jail Population and Pretrial Releaseof the andPretrial (Washington, Jail Population DC: quarterly.org/aborn-prisons. wp-content/uploads/2016/04/RoundtableReport_web1.pdf. not to detain low- to moderate-risk defendants. to not detain low- to moderate-risk shouldrecommend thatprosecutors is suggesting individuals were heldinthenation’s repre prisons, prosecutors should begin to think about the to risk think about should begin prosecutors Rather, for high-riskdefendants. pretrial release ing the Front Endofthe CriminalJustice System a 2015 survey conducted of county jails, 44 percent percent ofcountyjails,44 conducted survey a 2015 of respondents reported that managing jail costs thatmanagingjailcosts reported of respondents costs thatcountycorrections reported of Counties Dr. According to pretrialcomes. expert Marie grew by 74 and,in 2000and2012 between percent withmaintainingjails. associated to taxincreases that a defendant presents to thepublic, as so that adefendantpresents of whomare low-risk. the majority of pretrialtions consisted detainees, National Association of Counties), 5–6, ofCounties), http://www.naco.org/National Association sites/default/files/documents/Final%20paper_County%20 senting 21.5 percent of the total prison population. 21.5 of the total prison percent senting Sentenced,” Id. “low-risk” defendants is related to higher rates What does this mean for prosecutors? No forprosecutors? thismean one What does Finally, pretrial detention isacontributingfactor trialPretrial other out detention impacts also is less apparent is that even short periods apparent isthat even periods is less short to incarceration,ing asentence thelength pending trial impacts the likelihood ofreceiv thelikelihood trialimpacts pending and recidivism two years post-disposition. trial.What andnewcrimepending appear of failure to appear, trial, new crime pending of pretrial detention (asfewas2-3 days) for isrelateddants to offailure higherrates to toof thesentence incarceration, andpublic surprisingly, defen of “high-risk” the release safety in both the short andlong-term. Not theshort inboth safety at8. Research has shown that being detained detained hasshown thatbeing Research Americas Quarterly, table1,http://www.americas 65 The National Association TheNational Association 66

(New York, NY: 63 - -

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1. Advocate fortheUseofaValidated wesame thing… pulldata,we findtheexact More . and whether adefendantisflightriskordanger ofevidenceordataindicating without thebenefit 67 Nationally, ofdetainingpretrial in defendants thecost Prosecutors generally seek pretrial detention to generally seek Prosecutors However, are decisions made many these times Pretrial Practice: Rethinking Institute,Practice: Reentry Pretrial the68 Prisoner Front Endofthe CriminalJustice System (2016),at20. financial costs associated with pretrial detention. associated financial costs Pretrial RiskAssessmentTool General Anne Milgram observed that“every AnneMilgramobserved time General risk people are being kept injailathighrates.” kept are being risk people munity. Whenarguingfordetention, prosecutors risk defendants’ recidivism whilecontinuing rates in decision-making. Typically,in decision-making. is theinstrument over- and ofboth errors indocumented results involve arguingfordetention, defense prosecutors rulings based on hearings thatcantakemere min onhearings based rulings provide an objective analysis of the risks posed provide anobjective analysis oftherisksposed instruments These tools. pretrial riskassessment by anindividual, reducing biasandsubjectivity Former by thecourt. bail set New Attorney Jersey onthedefendant’s solely based abilityto pay the determination Often,are release released. being under-inclusion, with low- and moderate-risk under-inclusion, withlow- andmoderate-risk to complete.utes decision-making Thissubjective are carrying out their duty to protect thepublic. outtheirdutyto protect are carrying attorneys arguing for release, and courts making attorneys arguingforrelease,andcourts Costs%20of%20Pretrial%20063014%20FINAL.pdf. ceedings and/orceedings ofthecom thesafety to protect ensure adefendant’s pro atfuture court presence valuablecan and conserve cut the jail resources withpretrial prosecutors release, associated efits cient riskto thecommunity. Finally, inweighing ofpretrial detention onlow- andmoderate- effects defendant’s can mitigate the prosecutors risk, determine an individual defendant’s risk of failure heldandhigh-riskdefendants being defendants the costs ofdetainingadefendantwiththeben the costs suffi- defendantspresent certain to detain those to appear and likelihood to reoffend pending trial: pending trial: to reoffend andlikelihood to appear andlow- are released than 50%ofhigh-riskpeople Resources forJustice), 1&n.2,Resources http://www.crj.org/page/-/cjifiles/ Institute. local jails is estimated at $9 billion per year. at$9billion per jailsisestimated local CrimeandJustice There is,however, to method anevidence-based (Boston: Community Community Justice (Boston: ofPretrial The Cost

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The Center on the Administration of Criminal Law 27 - Prosecutors can transpar promote pretrial ency in the by process release risk final disclosing judges, to scores defense prosecutors, and counsel, defendants. -

73 The PSA does not 74 . at 2. Safety Assessment (PSA)—an evidence-based tools. The Laura and John Arnold Foundation tools. The Laura Arnold Foundation John and tions who choose adopt to the PSA. on the population you serve that it is on the population ensure to you experience and implementing these developing future for return to fail released if crime and/or court proceedings—has assistto offered jurisdic and normed to be predictive for your community; community; for your benormed to predictive assessmentrisk tool designed predict to the likelihood will commit a new that an individual s (Arnold Foundation), which created the Public (Arnold Foundation), Id

Safety Assessment: Risk Factors and Formula” (New York, NY: NY: York, (New Safety Assessment: and Formula” Risk Factors LJAF), http://www.arnoldfoundation.org/wp-content/uploads/ PSA-Risk-Factors-and-Formula.pdf. that all parties can make evidence-based arguments appearto court for future proceedings. to In order can promote transparency in the pretrial release transparency in the pretrial can promote released or subject certainDisclosure to conditions. of risk scores prosecutors allows sound make to which can or education levels, employment or even defendant’s age, criminal history, current offense, current history, criminal age, defendant’s about whether a given defendant should beabout detained a given whether and release, while detention arguments regarding also conserving whenever the resourcesinvolved detained pretrial. a defendant is ordered and held million cases data—1.5 of pretrial from a wide swath across 300 jurisdictions—to the risk that determine activity, criminal new commit (i) will individual an assess these risks, the PSA identifies approximately appear. to and prior failure be with race and thus possibly correlated introduce the risk assessment.bias into process disclosing by risk final to judges,scores prosecutors, defense counsel, and defendants, so nine risk factors that, broadly speaking, factorsrisk nine broadly that, focusa on geography, include factors ethnicity, such as race, 2. Disclose Risk Scores to to 2. Risk Scores Disclose Once a risk assessment tool prosecutors is in use, For instance, the Arnold Foundation PSA Foundation Arnold analyzed the instance, For 74 73 Laura and John Arnold Foundation. (2013-2016). “Public (2013-2016). 73 Laura Arnold Foundation. and John All Stakeholders (ii) commit new violent criminal activity, or (iii) fail (ii) commit new violent criminal activity, • eek partnerships have that organizations with

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70 The vast majorityof vast The 71 . at 19. . at 17. dence supportingdence use the criteria objective of decision-making subjective in making over or release; pretrial releasepretrial decisions; ment tools help all stakeholders to make more detention pretrial informedregarding decisions Given what we know from research from know about what we the Given ad p s These and the individual factors weighted are To be effective, risk assessment risk be effective, tools must To be Id Id

such as criminal history, prior failures to appear, appear, prior failures to history, such as criminal tors seeking maximize to public safety during the the courtthe its use then inform decision about can to any of methodnature the the release, pretrial of objective and subjective factors and subjective objective in assessing risk; criminogenic effects for low- detention of pretrial oped the instrument based on research in their jurisdictions.own Forty-eight percent never had dictive for the population jurisdiction in the dictive in and moderate-risk individuals, the following moderate-riskand following the individuals, and 12and percentsolely relied factors.subjective on and the nature of the pending of the and the nature charges. a questionnaire that identifies factors that have a questionnaireidentifies that factors that have jurisdictions or not—in use no tool at all—validated bail to bebail to set. Most arrestedpeople the fall into been correlated with negative pretrial outcomes, pretrial been negative with correlated pretrial process:pretrial pretrial supervision pretrial of amount the or conditions, is given a low, medium, or high risk score, which medium, risk score, or high a low, is given reforms can and should be prosecureforms by promoted - making risk decisions. A 2009 survey found that risk assessment tool, 42 percent only had devel www.bja.gov/publications/pji_pretrialriskassessment.pdf. www.pretrial.org/solutions/risk-assessment/. low- and medium-risk categories.low- Institute found that of the jurisdictions using a 69 72 70 “Pretrial Risk Assessment,” Pretrial, http:// Institute Justice Risk Assessment,” “Pretrial 70 71 Mamalian, C.A. Science of Pretrial (2011). State of the Risk which they are to be to which they are used. Justice The Pretrial validated their instrument.their validated validated or normed to ensure that they are pre are that they ensure or normedto validated 64 percent of pretrial programs relied on a mix of 64 percent programs of pretrial (Rockville, MD: Pretrial Justice Institute), 19, https:// 19, Institute), Justice MD: Pretrial Assessment (Rockville, • thetool eek thefundingneeded validate to • assess usefor the vocate risk-based of • courts the to outreach erform about evi the 28 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry bail.to money cate alternatives for andadvosupport prosecutors should defendants,ate-risk andmoder low- on trial detention has tal effects that pre Given the detrimen- - - - When prosecutors do consent to pretrial doconsent release, When prosecutors 41, https://assets.documentcloud.org/documents/3233955/Execu 65 percent between 1990 between 65 percent and2009.” This type of bond typically anindividual requires ofbond This type 3. ConsiderAlternatives to Money Bail were unableto afford bailof $2,500 orless. 77 Rabner,77 S.,“ChiefN.J. Reform Puts Justice:Bail atthe Rethinking Institute.Practice: 75 Reentry Pretrial Prisoner 76 Executive Order No. 211: CriminalJusticeReform tudy (2016).

funds to pay even low bailamounts. the Front Endofthe CriminalJustice System lead to unnecessary pretrial detention, theuse to unnecessary lead 2017, http://www.judiciary.state.nj.us/courts/assets/criminal/ for Low- andModerate-Risk Defendants mium of 10 percent of the set bailamountinorder mium of10theset percent ing that pretrial detainees accounted for a majority accountedforamajority ing thatpretrial detainees This revisionbailprocess. ofits including wholesale thatbail risk offlight,means tends as to operate to oncommercialguarantee relies bailbondsmen pretrial detention. sweeping reformspassing criminaljustice in2016, use of bail conditions, combined with the absence withtheabsence ofbailconditions,combined use a de facto means ofensuringpretrial means detention,a defacto a defendant’s atfuture proceedings. appearance of thestate’s washeldin entire jailpopulation being includinga2013 of New jailpopulation, Jersey’s show was ofstudies change by prompted anumber adefendant’s thatmeasure tools of riskassessment about increased conditionshasactually of those defendant’s bail to a system monetary ability to post confronted with these numbers, New Jersey chose New chose numbers, Jersey confronted withthese that at least 1 in 8 people were in jail because they they were injailbecause 1in8people that atleast havegiven donot defendants thatmost sufficient Timothy to Accordingrelease. obtain to bail expert they should explore alternatives to the money bail to modify its bail system from a “resource-driven bail system its to from modify a “resource-driven to pay afor-profit company anonrefundable pre Forefront ofFairness,”, January9, New Jersey Star-Ledger tive-Order-211-FINAL-REPORT-11-30-16.pdf. starledgercolumn.pdf. system that based pretrial release decisions on a on a decisions pretrial release system that based whichfoundthatapproximatelystudy 73.3 percent financial conditions of release showing that secured “decades despite Schnacke, ofempiricalresearch thebailsystem currentlysystem. As structured, New Jersey responded to these concernsby to these New responded Jersey 76 In addition, another study found found study Inaddition,another (2016),at15. 75 The increased Theincreased 77 When When

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Assessment,” http://www.arnoldfoundation.org/initiative/ will use the PSA in making pretrial release determi inmakingpretrial release thePSA will use with theArnoldFoundation to implementthePub will be released withfewornoconditions;moderate- released will be 79 Executive Order No. 211: CriminalJusticeReform Study, at40. (2016).CriminalJustice Reform: Report New 78 Courts. Jersey Governor and Legislature(2016),at1. Governor for all defendants, regardless ofrisk. regardless for alldefendants, to the Governor andLegislature(Trenton,NJ:to the Governor New Jersey lic Safety Assessment, which is a risk assessment whichisariskassessment lic SafetyAssessment, life imprisonment. criminal/2016cjrannual.pdf. criminal-justice/crime-prevention/public-safety-assessment/. in which pretrial release decisions are based on a ona are based decisions in whichpretrial release natives in New to moneybaillikethe model Jersey ofthe motion monitoring conditions;and,upon withnonmonetary released will be risk defendants nations, which are hierarchical: low-risk defendants not grounded in empirical research or tied to ortied any groundedinempiricalresearch not preventive detention except in those cases where a preventive where a cases detention except inthose prosecutors should consider abolishing money bail moneybail shouldconsiderabolishing prosecutors andadvocate foralter shouldsupport prosecutors disposition. pending prosecutor, injail kept willbe high-riskdefendants policies that provide guidance to line prosecutors that provide guidanceto lineprosecutors policies a defendant interview to be administered. to be a defendant interview assessment of a person’s assessment or flight risk, public safety 82 New Jersey Courts, CriminalJustice Reform: Report82 tothe New Courts, Jersey andJohn ArnoldFoundation,Safety81 Laura “Public 80 1,http://www.judiciary.state.nj.us/courts/assets/Courts), also race- and gender-neutral and does not require require not and does and gender-neutral race- also or violence or to fail to appear incourt. or violenceto failto appear defendant’s risk toinnewcriminalbehavior engage against andto includeapresumption crimes certain incourt.” orfail to appear offense commit another over, given thatthecurrent moneybailsystemis alternativeon whento seek formsofbail.More defendant was withmurder orwas charged facing tool thathasstrongpredictivetool value inrelation to a trial detention to “eligible with defendants” charged cases. Inaddition, theofficeshoulddraftwritten cases. that allowinappropriate fortheirpretrial release defendants, tion has on low- and moderate-risk scientific assessment of the risk that a defendant will of the risk that adefendant will assessment scientific Id First, legislators amended state law amended legislators First, to limitpre Given that pretrial the detrimental deten effects . at4. 79 Second, New Jersey partnered New partnered Jersey Second, 82

80 The PSA is is ThePSA 81 Judges Judges 78 ------

The Center on the Administration of Criminal Law 29 their danger to to danger their community or the of flight. risk their for pretrial release release for pretrial for measures true of public safety: safety: of public money as a means indi- that means properly screened screened properly viduals are not are viduals This focus on -

- 87 plaintiff plaintiff The district court O’Donnell 88 , Texas County, Harris v. O’Donnell , Case 4:16-CV-01414 Texas County, Harris v. O’Donnell spend public funds to housespend to funds public misdemeanor they lack the money or other means of posting makesIt . senseno to justicethat done… is ers solely in the Harris County because Jail offenders in a high-security penal facility who offendersdangerous risks” “flight and and arbitrary amounts over set on out pay to ability a bond schedule. bail is counterproductive to the goal to of seeingbail is counterproductive These time. jail secure beds expensive and resources should be prioritized for the truly need beto separated the community. from mine who is high risk and should beis high risk and should mine who held pretrial; indi pr Prosecutors also should use where litigation, Holding un-adjudicated misdemeanor offend when the crimes themselves may not meritwhen the crimes themselves may With the support of the district office, attorney’s , No. 4:16-CV-01414 (S.D. 4:16-CV-01414 (S.D. , No. Texas County, Harris v. O’Donnell

schedules impose to low- bail amounts on poor, Southern The District of Texas. http://www.courthousenews.com/wp-content/uploads/2017/03/ Litigation Pending in the United States DistrictLitigation Pending in the United Court as Amicus the United States Districtthe United Court for the Southern the constitutional rights of the poor using bail by this position, writing: to pay on a case-by-case pay to basis. Curiae, Curiae, Ogg [hereinafter Amicus Brief].OggBrief.pdf appropriate, to advocate for change. For instance, instance, For for change. advocate to appropriate, amicus brief in filed in the District a federal lawsuit Court for the argued that Harris County’s use of bail schedules 87 Position Kim Ogg of District Attorney About Bail Bond 88 bail “is not just a de facto pretrial detention order; itbail “is not order; just detention a de facto pretrial is literally a pretrial detention order.” In so holding, order.” detention a pretrial is literally chDocs/public/CJ-TX-0010-0006.pdf. level defendants without considering their ability level secured of County’s system Harris that held money (S.D. Tex.), 1–2, filed March 3, 2017. The full brief is available at at available The full brief is 3, 2017. filed March 1–2, Tex.), (S.D. Tex. December 16, 2016, at 94, https://www.clearinghouse.net/ at 94, 2016, DecemberTex. 16, Harris CountyHarris OggKim District filed Attorney an District of Texas held Harris County was violating held Harris County was District of Texas violated her constitutional rights. Ogg agreed with • etrial riskassessments deter objectively to • vidualized ofadefendant’s determinations

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86 84 This arbitrariness is also influencedby the 85 Crime and Justice Institute, “The Institute, Crime and Justice Cost Justice.” of Pretrial Prosecutors in jurisdictions that rely on bail Prosecutors bail on jurisdictions in rely that This focus This a meanson money as for pretrial Ibid. See justicepolicy/documents/bailfail_executive_summary.pdf. justicepolicy/documents/bailfail_executive_summary.pdf. sitting in jail, despite posing the no risk to little to schedulescourts to policy and should advocate safety in the community, and are unrelated to a a to unrelated and are safety in the community, screenedmeasurestrue for their public safety: of tice Policy Institute), 4, http://www.justicepolicy.org/uploads/ Institute), https://www.pretrial.org/download/risk-assessment/ PJI%20Bond%20Schedule%20Review%202010.pdf. that include the following: that include the following: the bail amounts are arbitrary, cannot guarantee the bail amounts arbitrary, are their ability to pay. “The use of bail schedules is pay. their ability to tion between a particular charge and the amount commercial bail industry, because bail bondsmen bail industry, commercial charged serious with offenses. In addition, because fees surety commercial based are on the total bond of money that would guarantee appearance of money that would at Hence, court criminal activity. future or deter danger to the community or their risk of flight. In danger the community or their risk of to used bail schedules. Carlson, L. Bail A Viola- Schedules: (2010). nearly 64 percent of respondent counties indicated that they amount, dangerous felonies result in total higher a charged offense, regardless of a person’s indi a chargedregardless offense, of a person’s are still used by many jurisdictions. stillare used many by 83 In a 2009 survey conducted by the Pretrial Justice Institute, 83 In a 2009 survey Institute, Justice conducted the Pretrial by Should U.S. the Why Bail (2012). Fail: Policy84 Justice Institute. 86 85 ule standardizes be of bail to the amount set for bonds—and higher profits. be able to buy their way out of detention, while while detention, out of their way bebuy able to based risk assessments bail schedules, are which public. practice, this means that high-risk defendants may this meanspractice, that high-risk defendants may person’s financial means.” financial person’s problematic because associaproblematic is no definitive there makers for the use of evidence-based practices release means that individuals are not properly notrelease properly are means that individuals Schedules in Favor of Individualized of Individualized Favor in Schedules On the opposite of the spectrum end evidence- from have a financial incentive to bail out those bail out to are who a financial incentive have low- and moderate-risklow- end up defendants often (Washington, DC: Justice Pretrial (Washington, Discretion? tion of Judicial Bail Determinations Bail Determinations . (Washington, DC: Jus Money for Bail Practice. (Washington, of Using End the vidual characteristics, the risks they may pose,vidual characteristics, or risks they may the 4. Advocate for an End to Bond Bond for an End to Advocate 4. 30 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry supervision. ofpretrialditions frequent use- ascon despite their ing, electronic monitor drug testing and the of efficacy inconclusive on that research is should beaware Prosecutors - …have basis fortheir noadequate orreasonable As actors in the criminal justice system whose job is is job system whose inthecriminaljustice actors As whether to hold or release a defendant. Defense a defendant.whether Defense to hold orrelease , JulyThe Marshall 17, Project 2016, https:// 90 Garabedian, L., etal.,“Five Voices L., 90 Garabedian, onReforming the 91 Ogg AmicusBrief,91 Ogg at3. 5. SupportthePresence ofDefense for hisorherclientto receive and/or mentalhealth first appearances without the benefit of defense benefit ofdefense withoutthe appearances first Liberty Decisions AreLiberty Decisions Made her office “support[ed] the presence of defense coun ofdefense the presence her office “support[ed] www.themarshallproject.org/2016/07/17/ impose bail and in what amount, whether to release bailandinwhatamount,whetherto release impose Counsel atPretrial Hearings Where produces, better pretrial better behavior on produces, thanrelease pretrial detention, aswell asidentifyandadvocate - traditionalconstitu beyond serving proceedings, belief that for misdemeanor defendants, release release defendants, thatformisdemeanor belief unsecured ornonfinancialconditions.”unsecured unnecessary pretrial detention andtheharmsit unnecessary 89 89 appearance is especially crucial, because nearly all nearly all crucial, because is especially appearance are made. make defendants Inmany jurisdictions, and outcomes are made at this hearing: whether to arewhetherto and outcomes madeatthishearing: five-voices-on-reforming-the-front-end-of-justice#.60qvn3nru. consequences thatmay from stem consequences hisorherclient’s forinstance, canhelpidentifycollateral counsel, informationto isprovided decide meaningful court andconditions.” supervision of pretrial release trial, and the nature or detain the defendant pending atfirst counsel can cause. Theadvocacy ofdefense isonewaydefender inthepretrial stages to reduce robust of the public participation “The counsel. where bailanddetention determinations ceedings inallpretrial pro counsel aredants affordeddefense moneybailprovides incentives for,on secured or tional functions, increases the likelihood that the thatthe thelikelihood increases tional functions, theclient’s thataffect the decisions liberty, case, shouldensure thatdefen to dojustice, prosecutors policymakers foundthat“HarrisCounty the court the law oflitigation.” holds thatthisisacriticalstage the surprising that, it in is not counsel, tance of defense Front End of Justice: Where Defense is not anAfterthought,”Front isnot EndofJustice: Where Defense sel at the 24-hour probable cause hearing [because] atthe24-hour [because] sel hearing probable cause substance abuse treatment.Thus,given abuse theimpor substance Id Defense counsel’s presence at bail and detention counsel’s atbailanddetention Defense presence case, District Attorney Ogg stated that O’Donnell that stated Attorney Ogg District case, . at81. 89

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6. SupportIndividualized, without regard to adefendant’s risk individualized whether to impose supervision, such as face-to- supervision, whether to impose Research shows that this type of supervision has ofsupervision shows that thistype Research Prosecutors shouldremain committed to ensuring Prosecutors 92 92 94 94 93

face meetings, home visits, or telephonic contact. ortelephonic home visits, contact. face meetings, robocalls, postcards, mailed form oftext messages, and remain fully future appearances meet court Pretrial Supervision Narrowly Tailored Conditionsof her conditions.Disregard risk forindividualized have onpublicsafety. impact ameasurable Current hood thatthedefendantmayhood violate one of hisor release will be revoked, subjecting thedefendant revoked, willbe subjecting release avoidingrelease. Inpractice, thismeans a“kitchen is important, because they are also theconditions theyare also because is important, conditionsshows thatcourt onrelease research people up for failure. Conditions that are imposed up for failure. that are imposed people Conditions whenarguingforpretrial conditionsof public safety particular defendant requires inorder defendantrequires to success particular promise inavoidingpromise theriskthatadefendantwill and needs therefore also increases theriskthat therefore increases and needs also thelikeli increase orhisherneeds assessment and personal phone calls. and personal on defendants. As Janiceon defendants. As Radovick-Dean, direc asconditionsofpretrial supervision. quent use reminders can take the These appearances. court date reminders and notifications missed reduce trial. pending crime-free then, should also include an assessment of needs ofneeds includeanassessment then, shouldalso to avoid tools, place. inthefirst Riskassessment to sought thepretrial detention thattheprosecutor tor of the Fifth Judicial District ofPennsylvania’stor oftheFifthJudicial District invasivethat tend the most to be and burdensome theirfre despite monitoring, andelectronic testing isinconclusive that research ofdrug ontheefficacy a to identifywhatinterventions orsupervision either fail to appear orcommitnewcrimes. either failto appear the Front Endofthe CriminalJusticeSystem(2016),at21. sink” approach to pretrial supervision that can set thatcanset sink” approach to pretrial supervision should consider risk assessment when determining whendetermining should considerriskassessment Ibid. See See Ibid. Prosecutors should also embrace conditions that embraceconditionsthat shouldalso Prosecutors On the other hand, prosecutors should be aware shouldbe hand,prosecutors On theother Prisoner Reentry Institute. Rethinking Reentry Pretrial Practice: Prisoner 92 In addition, prosecutors In addition, prosecutors 93 94

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The Center on the Administration of Criminal Law 31 - Collateral conse Collateral hinder can quences - suc a defendant’s reentrycessful and of risk the raise of all recidivism, detrimen- can which public impact tally safety.

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99 Gonzalez grounded this new initiative 98 Many prosecutors’ offices have already have begun prosecutors’Many offices What should a prosecutor’sWhat should best practices Ibid. safe to say that not all of thesesafe say consequences to are sequences bear the underlying to no relationship sider the deportation consequences from that flow District Attorney Eric GonzalezDistrict Attorney Policy Announces New Handling of CasesRegarding against Non-Citizen Defen these effects, con especiallywhere collateral some Brooklyn District instance, For gration arena. enhance public safety to and fairness in the crimi that case proportionate outcomes the offense are to that can impact a defendant. Notably, prosecutors impact Notably, can that defendant. a assessment risk pretrial gleanedtion from tools losethem to professional licenses and find new operate motor a becoming lawfully to time, unable considering collateral consequencesconsidering collateral in the immi will not stop does this goal. not compromise, We quences? At the charging stage, prosecutorsstage, charging the shouldAt quences? can and should use the individualized informa consequence instance, a particular to defendant. For What aboutemployment? defendants who risk licenses lose conviction, perioda for drivers’ their of offense, and offense, others will discretionary. be wholly non-citizen-defendants/. as well as fair and just for everyone.” as well - immigration attor and he hired two a conviction, announces-new-policy-regarding-handling-of-cases-against- be aware of important of consequences collateral be aware be regarding consideration of collateral consebe of collateral consideration regarding play. While they will vary across While they will vary jurisdictions, it is play. plea offers. prosecuting see determined to crimes, are but we neys to train his staff neys to and advise them on making mandatory. Prosecutors have the power to limit limit to the power Prosecutors have mandatory. goal is stating that “our in protecting public safety, nal justice system and this policy complements, but in order to ascertain to in order the importance of a given defendants whose nonviolent forcewill convictions dants,” press release, April 24, 2017, http://www.brooklynda. press April 24, release, 2017, dants,” org/2017/04/24/acting-brooklyn-district-attorney-eric-gonzalez- how should prosecutorsshould how or think about first-time losing Finally, education or housing public benefits? 98 The Brooklyn District Attorney’s Office, “Acting Brooklyn Office, 98 The Brooklyn District Attorney’s 99 what about the defendants who, as a result of a result a a as of aboutwhat defendants who, the vehicle? Thesevehicle? important are the questions, given consequences of the collateral nature in varied Attorney Eric Gonzalez Eric Attorney announceda policy con to

------95 there is currently no requirement or or requirement no currently is there In addition, where mandatory In addition, where minimum 97 96 March 22, 2012 (94 percent of state 2012 (94 22, March Times, York The New . To ensure their continued commitment to publiccontinuedtheir to commitment ensure To , 559 U.S. 356 (2010). , 559 U.S. Kentucky Padilla v. judges-after-rulings-on-plea-deals.html. sequences that flow from a given conviction when conviction sequences a given from flow that safety that considers recidivism the risk of future sentences prescribed are this also statute, con by the plea bargaining over control strains a defendant’s should advocate to judges to use to should advocate the least burden some but still conditions of supervision effective to safety at the pretrial phase, prosecutors phase, safety at the pretrial should and Case Disposition http://www.nytimes.com/2012/03/23/us/stronger-hand-for- Deals,” Deals,” thus represents another focal point prosecu where tors should embrace an expanded vision of public tailor the conditions they requestconditions tailor the those to that of Proposed Pleas of Proposed disclosed, other other guidance on what consequences can or should be disclosed. offering plea bargains. consequencesCollateral successful reentry and defendant’s a hinder can of the conditions make judgesof the conditions magistrates and and disposition processes. The plea bargaining stage achieve optimal release pretrial outcomes.achieve are evidence-basedare the individual to and related because they have to keep up with so many new keep new to with so up because many they have rimentally impact public safety. Of course, while impactrimentally public safety. consequencesimmigration collateral must be raise all of which can det the risk of recidivism, ing stage. initial plea offers carry can oftenweight and great ized needs risks posed and each by defendant, and responsibilities their livelihoods.” addition to in cases percent federal and 97 of cases end in plea bargains), D. Plea Bargaining, Sentencing, Bargaining, Plea D. frame future discussionsframe future of sentences, because the feel better, but you’re really making defendants fail really but you’re feel better, 97 95 96 Goode, E., Hand for Judges “Stronger in the ‘Bazaar’ of Plea Prosecutors should be aware of the collateral con of the collateral Prosecutors should be aware Prosecutorial sentencing recommendations and Pretrial ServicesPretrial Department, notes, “[s]ome when making case disposition decisions. vast majority of cases resolved plea the vast at bargain are 1. Consider the Collateral Consequences Consequences Consider the Collateral 1. 32 Prosecutors haveProsecutors an opportunity to dants inamanner public safety by positively impact recidivism. breaks the cycle of Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry the public and that both protects to sentence defen- thinking how about When considering sentences thatare theresult When consideringsentences “floor,” theycontrol thesentencing At theoutset, well. While some collateral consequences are diffi well. collateral consequences Whilesome 100 New York canapplyand defendants foraCRDatsentencing During the resolution of a case, prosecutors have ofacase, prosecutors theresolution During for a CRD after a stated period of time has elapsed oftimehaselapsed for aCRDafter period astated thattheprosecutor’s for example,stating aclause for “Certificates of Relief from Disability” (CRD) if (CRD)if for “Certificatesof Relief from Disability” oftime, andsome for relief period after acertain Generally speaking, the prosecutor plays the prosecutor role a large speaking, Generally collateral consequences ofacriminalconviction. collateral consequences 2. Explore2. the Useof ily further the justice system’s the justice ily further of deterrence goal the public and breaks protects manner that both file. ofthecase knowledge relying ontheircloser toing downallow fromdefendants initialcharges charge). mums; bywhatto(ornot deciding charge mini including theapplicabilityofmandatory in determining adefendant’s options. sentencing as atthisstage relief from collateral consequences Creative Sentencing plea agreement orafter agreement trial,includingnegotiat plea again after serving time in prison asaway timeinprison again after serving to remove certain abilities,” http://www.nycourts.gov/Courthelp/Criminal/CRD. and certain conditionshaveand certain met. been and that longer spells ofincarceration actually spells and thatlonger CRDApplication.shtml. Civil Disabilities,” http://www.nycourts.gov/Courthelp/Criminal/ opportunity to positively impact public safety by topublicsafety positively impact opportunity of the parties’ plea agreement, courts often defer agreement,courts plea of theparties’ in a sentences certain seek to offeror discretion thedefendant’snot oppose office will application agreementcouldcontain, Aplea ofCRDs.) cussion cult that to allow relieve, come with processes others to prosecutors’ recommendations andjudgment, recommendations to prosecutors’ themaximumlength. to thatincrease asentence to enhancements eitheradd(orignore) particular with offense. Injurisdictions to to plead alesser criteria. statutory they meet the cycle of recidivism. For instance, research ina how defendants to sentence thinking about shtml; andid.,“Applying of Relief from foraCertificate to Court suggests that longer sentences do not necessar donot sentences thatlonger suggests hasdiscretion aprosecutor guidelines, sentencing suchasNewstates, York, allow individuals to apply State Unified Court System, StateCourt of Unified Relief “Certificate from Dis Because of this influence, prosecutors have ofthisinfluence, prosecutors an Because Prosecutors can also consider opportunities for for consider opportunities canalso Prosecutors 100 (See page 35 for a dis 35 page (See See See New York ------• • Economic Perspectives (2016).EconomicPerspectives Advisers ofEconomic 101 Council 103 102 on Incarceration andthe CriminalJustice System offer thisalternative within 30days oftheevent to create aswift crimes. “The goal would be to find a short-term response that would to goal findashort-term be response “The crimes. org/wp-content/uploads/2016/05/ArnoldReport2_webversion. increase the risk of recidivism.increase individuals’ behavior. prosecutors in determining when it is appropriate prosecutors thecertainty, thatadjust policies to the asopposed archives.gov/sites/whitehouse.gov/files/documents/CEA%2BCri Criminal Justice)(remarks ofFaye Taxman), http://johnjaypri. Criminal JusticeSystem, 21 (New York, NY: John Jay of College response to thebehavior.”response Id pdf. Professor Taxman proposes these sorts of sentences forlow- ofsentences sorts these Taxmanpdf. Professor proposes minal%2BJustice%2BReport.pdf. to offer the following types of sentences: of to offerthefollowing types Building aNational fortheFront Agenda Research Endof 4,https://obamawhitehouse. Officeofthe President), DC: to have andto the individual theharmthatoccurred, address level “broken windows” type minor offenses and small property andsmallproperty windows” minoroffenses level type “broken is proportionate to thenatureis proportionate ofthecrime andthatisdesigned should promulgate line to assist written policies severity, ofthesentence, have foundto alter been

See See Id withdraw guilty and plead his or her guilty plea agreeing to delaywith theparties sentencing Depending on the jurisdiction, prosecutors prosecutors onthejurisdiction, Depending Suspended ordelayed sentences. Non-incarceration sentences. include recommending alternatives to incar munity service or treatment programs. In the munity service pending completion ofpending conditions. If condi justice programming; justice are candidates fordrugorbehavioralare candidates health who als withoutcriminalrecords, orforthose dant pleading guiltytooffense, dant pleading amore serious ceration, such as mediation, conflict resolu conflict ceration, suchasmediation, and offer treatment rehabilitation. Itcanalso that courts diversion specialty programs or other option for low-level offenses andforindividu forlow-leveloption offenses conditions, event these adefendantcompletes tion, community service, fines, and restorative fines, tion, communityservice, tence triaginginto canincludefront-end pretrial treatment to modify theirbehavior;treatment to modify and to, andreceive for, asentence offense. alesser tions are completed, thenthedefendantcan Thisthis istakeninto accountatsentencing. Suspended ordelayedSuspended isagood sentencing involve mightalso practice sentencing adefen- conditions,suchascom ofcertain satisfaction isdelayedsentence thedefendant’s pending . at38. Prisoner Reentry Institute. Reentry (2016).Pretrial Practice: Prisoner . 102

103

101 Rather, sentencing This type ofsen Thistype This type of Thistype (Washington,

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The Center on the Administration of Criminal Law 33

- - - - for defendants who are 109 Letter re: SB 618, April 11, 2012, April 11, 2012, Letter SB 618, re:

110 service providers using available resources service using available providers and access to programming in corrections and access programmingin corrections to facilities and the community. San Diego Bonnie District Attorney Dumanis (March 24, 2011), sight/Dumanis1Mar11.pdf. state prison, which meant that state monies used fund the to http://www.sdcda.org/office/sb618/lettertocommunity.pdf. Probation Department.Probation In addition, the act that most mandated to prison. used Plan Life to The evidence-based prac testing ticescreate to risk-needs-responsivity like to formulate an effective defendant reentry defendant an effective formulate plan. to and ser programming the lead in determining during the pretrial processduring the pretrial and makes- individual part to California’s passage of the Criminal Justice Realignment part California’s to program could not be used. See a period ADAs the program, Under of incarceration. action, called a “Life Plan,” that the offender took that the offender action, called a “Life Plan,” point of sentencing.” gram served Community Post-Release to Supervision within the 3, http://www.lhc.ca.gov/studies/activestudies/correctionsover 3, in custody facing time of sentencing at the and are increased all stakeholders” accountability for and ized decisions based on a defendant’s risks and and risks ized decisions based a defendant’s on information adequate needs, prosecutors have post- account a defendant’s into taking by involved the San Diego District example, release plans. For individual’s plea make a plan of or sentencing to individual’s of this population serve time in local county jails as opposed to Prior to Sentencing Prior to Prisoner Reentry Program In a justice system that collects individualized data 109 The program closed at the end of the 2012 fiscal year, due in due in The program closed109 year, at the end of the 2012 fiscal 110 Little Hoover Commission Little Hoover 110 Public of Hearing, Testimony worked with the probation office at the time of an office at the with the probation worked 3. Collaborate on a Reentry Plan on a Reentry Collaborate 3. Act Act), (the most which transferred of the population the pro vices for individual cases,vices individual for prosecutors remain can While probation and corrections officers often take corrections and officersoften probation While created 618 San Diego Office the SB Attorney’s “an individualized plan of action…that provides provides individualized plan of action…that “an “is unique in that it places a focusreentry on at the

------108 which creates a which See also California 107 Other counties in California Since 2011, more than 21,500 Since 2011, more 105 This typeof sentence splits to reduce the state prisonto popu 106 104 at 3. Id. sentenced under the new law, sentenced new the under straight sentences. the “interests of justice” demand otherwise.“intereststhe of justice” time served between jail and a period of manda Startedin tory supervision in the community. oration with probation departmentsprobation with oration and reentry of eligible cases.of correctional counselors, the court, prosecutors, and they can be crafted in plea bargains in collab and San Joaquin handing them out in two-thirdsand San Joaquin behavioral therapy, and job training to help them and job training to therapy, behavioral presumption in favor of split sentencing unlesspresumption in favor prosecutors can still split sentences recommend people convicted of felony offenses have been offenses people of felony have convicted probation departmentprobation in collaboration with the Though defenders, defendant. public the and program is in its early stages, it is so far show in a prosecutor’s a in jurisdiction California, in is it as routinely useroutinely split sentencing, with Riverside ing reductions in recidivism: in one county, the ing reductions in one county, in recidivism: about those of that half was received rate who ming for substance abuse treatment, cognitive noncustodialmanage their later supervision. response to California’s Public Safety Realign response California’s to ment initiative model for people offenses, charged with low-level community-basedin supervised rehabilitation. Ibid. lation, San Diego is one district a using such Split sentencing. Even if split sentencing is not available by statute by sentencing if split is not available Even Before a case release, plan is developed the by who spend part their time in jail and the rest of While in custody, defendants receive program defendants receive custody, in While

Supervision under Public Safety Realignment,” Chief Probation Supervision under Public Realignment,” Safety bscc.ca.gov/downloads/issuebrief2.pdf. In comparing split In comparing split bscc.ca.gov/downloads/issuebrief2.pdf. sentencing to straightsentencing to sentencing, the authors that “based note having success,” Daily 24, http://www.sdcda. 2014, Journal , August success,” having treatment have a lower likelihood a lower of succeeding more and are treatment have likely to recidivate than those supervised who are recidivate to likely and case Department Sheet: of Corrections 2011 “Fact Rehabilitation, and 2013, http://www.cdcr. December 19, Public Safety Realignment,” managed.” managed.” ca.gov/realignment/docs/realignment-fact-sheet.pdf. ca.gov/realignment/docs/realignment-fact-sheet.pdf. org/files/Mandatory%20Supervision%20Court%208.25.14.pdf. org/files/Mandatory%20Supervision%20Court%208.25.14.pdf. on research, people without any coming out of incarceration , vol. 1, no. 2 (Winter 2012), 2, http://www. 2, 2 (Winter 2012), 1, no. Officers of California, vol. 105 Reynolds, K., “San Diego court Reynolds, sentence for split 105 offenders 104 Cal. AB 109 (2011) and Cal. Cal. AB 109 AB 117 (2011). 104 106 106 Supervision: “Mandatory 107 Benefits The of Evidence Based 108 CAL.108 CODE § 1170(h)(5). PENAL • 34 Prosecutors can Prosecutors vism byrecommend- and their assessed defendants pose have apositive ing that conditions impact recidi on - needs. narrowly tailored of supervision be of supervision Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry to the actual risks Annual SANDAG), EvaluationReport , 5(SanDiego: http://www. 4. SupportAppropriate was “designed with[inmate] input modified to be 111 Mulmat,D., etal.(2010). Howard, E., L., Doroski, 112 Juneja, A. (2017). “A Juneja,112 A. Framework Holistic to Aid Responsible For those sentenced to incarceration, sentenced whereFor they those Law &Liberty,vol.Law 11, no. 1,pp. 359–87, at374–75. County: inSan Diego SB618Third forEx-Offenders Reentry facilities with particular educational or vocational orvocational educational withparticular facilities Recommendations forPlacement requests for referral to particular facilities orsup for referralfacilities to particular requests defense mendations asto placementorsupporting andvocational job treatment, abuse ing substance port services. Common requests include placement includeplacement requests Common services. port influence can exert bymaking recom prosecutor public safety and the ultimate success ofdefen andtheultimatepublic success safety foradefendant, requests counsel defense porting be handled by another criminal justice agency, criminaljustice by another handled be the - conditionsandprogramming opportuni because of program composed team by amultidisciplinary assessed priortoandwas entering created prison, assessed chances of securing employment upon release. employment upon ofsecuring chances in andplacements systems to family support closer dants whentheyreturn dants to theircommunities. the plea bargaining stage. As oneauthornotes: bargainingstage. As the plea thatenhanceanindividual’straining opportunities Thoughplacementmay vary amongfacilities. ties opportunities. andeducational training, needs,” identified meet to ensure services includ ofprogram delivery and… throughout thecourse the prosecutor isworking to promotethe prosecutor twingoals: Plea-Bargaining by Prosecutors.”Plea-Bargaining New York University Journalof sandag.org/uploads/publicationid/publicationid_1488_11261.pdf. serve their time can impact the reentry process process thereentry theirtimecanimpact serve staff, withinputfrom theinmate. TheLifePlan Thinking about placement can begin even at placementcanbegin Thinking about The LifePlanensuredthatpeople’s were needs with different sentences aresentences incarcerated,with different By makingplacementrecommendations orsup In order to evaluate therehabilitative poten programs available. access [to] aswellaccess asqualityofrehabilitation an active whereto learn effort defendants the conditions of those facilities, andthe facilities, the conditionsofthose make must prosecutors deal, tial of a plea 112

Improving 111

- - - - - Whether a sentence includes a period ofincarcera aperiod includes Whether asentence These individuals haveThese already returned to their Prisoners in2014(Washington, Prisoners (2015). DC: E.A. 114 Carson, Kaeble,113 D., “Probation andParole intheUnited States,” Putting Public SafetyFirst: Public (2008).Putting onthe States PewCenter 115 5. Recommend Narrowly Tailored 13 Strategies for Successful Supervision andReentry Strategies13 forSuccessful Supervision , December 21, 2016,Bureau ofJustice Statistics , December https://www.bjs. Post-Sentence Supervision content/pub/pdf/p14.pdf. recidivism by thatconditionsof recommending admissions. oftotalstateprison nearly 28percent (which probation and includes munity supervision process. Prosecutors can have Prosecutors on a positive impact process. parole). gov/index.cfm?ty=pbdetail&iid=5784. jail or prison for reasons unrelated to forreasons theiroriginal jail orprison under community supervision. At year-end 2015, 2015, At year-end under communitysupervision. a cost-benefit perspective, thisapproach ensures a cost-benefit 4,650,900an estimated were adults undercom at reentry, to violationsofthe leading technical media/assets/2008/12/13strategies.pdf. defendants pose and their assessed needs. From needs. and theirassessed pose defendants to and are navigatecommunities trying the reentry evant, andResearch-based”: or safety.to public offense upto fail people canset conditions ofsupervision outweighed by the risk of failure: loading up on that the benefit of community supervision is not is not of community supervision that the benefit tion or not, most defendants will spend some time time some willspend defendants most tion ornot, that conditions of supervision be “Realistic, be Relthat conditions of supervision thatcanlandthembackin terms oftheirrelease Bureau of Justice Statistics), 10 &TableBureau ofJustice Statistics), 7, https://www.bjs.gov/ DC: Pew Charitable Trusts), 2, Pew CharitableTrusts), http://www.pewtrusts.org/~/DC: and Individualized Conditionsof supervision be narrowly be risks tailored to theactual supervision The Pew Center on the States has recommended hasrecommended ontheStates The PewCenter will change behaviorwill change inimproved andresult isprepared towhich theagency consistently Realistic conditions are few in number and and conditionsareRealistic fewinnumber hold supervisees accountable. Relevanthold supervisees condi needs most likely to result in new criminal likely innew criminal to result most needs ported by evidence that compliance with them by evidence that compliance with them ported public safety orreintegrationpublic safety outcomes. behavior. conditions are sup Research-based attainable, and include only those rules for for rules attainable, andinclude only those tions are tailoredto theindividual risksand 113 In2014, parole violationsaccountedfor (Washington, 115

- - 114 - - -

The Center on the Administration of Criminal Law 35 behavior. - for suc “supervise to amount of least the supervision necessary the correct to cess” by imposing cess” The goal should be The goal should - - - - - Disrupting the Cycle” conference, conference, “Disrupting Cycle” the Prosecutors safety public and com promote can Too often, defendants are sentenced defendants numer are often, to Too she said the goal should be “supervise to for suc situations. Thesesituations. also can conditions be - counter to care for children if frequent in-person if frequent for children care to reporting cess” by imposing cess”by leastthe supervisionof amount or going to school during certain hours if, say, a a or going school to say, certain during hours if, curfew is imposed, with the ability interfering or ous conditions of supervision,ous conditions reporting, including drug testing, electronic monitoring, drug curfews, ence in success Sometimes far or failure. are there Instead, meet.” to conditions for anyone too many and alcohol treatment, and more, which may or or may which and alcohol treatment, and more, bat recidivism by aiming to reduce conditions that reduce aiming to by bat recidivism productive, by precluding a person precluding a by working productive, from necessary correct to the behavior. is required. may not relate to their offense or their individual their offense to or their individual not relate may Chief Probation Officer in Alameda County, Cali Officer in AlamedaChief Probation County, Conditions of supervision all the differ can make lead to technical violations. As Wendy Still, the Still, the violations. As technical lead to Wendy fornia, told the the told fornia, “We need tailor supervision to “We be to responsive. 36 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The way from prison are released in which people PART II II PART A. SupportIn-Reach Initiatives A. Prior to Release Release andReintegration Preparing forSuccessful Back-End Reforms: housing, a job, ortreatment. Theycan housing, training, kinds ofinterventionsthatwillhelpthemobtain ing time in prison orjail,through that in-reach ing timeinprison paved be must while a individuals are serv still into oldbehavioral patterns. Thepathto reentry initiatives are discussed below.initiatives are discussed andtheir anindividual before is released, reentry prosecutors’ offices offices prosecutors’ have to and partnered create also be left without the sorts of pro-social supports supports ofpro-social leftwithout thesorts be also can hit the ground running upon release. Several release.Several can hittheground runningupon they so andsupport them withservices connects needed to access on theirown, withoutsupport reentry. theirsuccessful can impact Iftheyare that willwork to prevent themfrom fallingback services, they are less likely to be connected to the likely connected to theyare be less services, support in-reach programs that begin addressing addressing in-reach programsthatbegin support

- “On theday ofrelease, thefacilityarranged foreither The Boston Reentry Initiative (BRI)provided mentor The Boston Reentry Initiative Violent Offenders Released to the Community: to theAnEvaluation Violent Offenders Released of 116 National ofJustice, Institute Boston “ProgramProfile: 119 Jonas, M., “Boston reentry initiative reentry theskids,”119 hits Jonas, M.,“Boston 118 Braga, A., Piehl, A., andHureau, D. Piehl,A., (2009). “Controlling118 Braga,A., oftheprogram, 117 For description adetailed , vol.Delinquency 46, no. 4,pp. 411–36. Prerelease Reentry Initiatives monWealth, May 14, 2017, https://commonwealthmagazine.org/ (Massachusetts) Reentry Initiative Reentry (BRI),”(Massachusetts) June 10, 2011, vidual atthedoor.”vidual criminal-justice/boston-reentry-initiative-hits-the-skids/. Despite itssuccess,theprogramDespite shutdownwhenit was Program selection recommendations were based on Boston Police andidentifiedashighriskfor Department District Attorney’s Officeandthe U.S. Attorney’s Office individual would returnindividual to ahigh-crimecommunity. tion, andinterim jobs,aswelldrug andbehavioral the program voluntary. was Participants were assigned where they received information abouttheprogram were bothprogram partners. up to eighteen monthsafter release. TheSuffolkCounty between theages ofseventeen to thirty screened by the health treatment, education, and permanent housing. andpermanenthousing. education, treatment, health needs, whichaddressed issueslike obtainingdrivers’ release. After this mandatory meeting, participation in panel sessionwithinforty-five days ofentering prison, Screened were individuals required to attend a BRI https://www.crimesolutions.gov/ProgramDetails.aspx?ID=42. factors including gang membership, criminal history, ability plan” to coordinate servicesto anindividual’s a casemanager anddeveloped a“transitional account and heard from prosecution, probation, andparole among thishigh-riskgroup. AHarvard studyofthepro the Boston Reentry Initiative.” Reentry the Boston JournalofResearch inCrimeand a family memberoracasemanager to meettheindi lost itsfundingundertheSecondChanceAct. likelihood to recidivate, andanexpectation thatthe licenses or identification, health insurance,licenses oridentification,health transporta gram foundthatattwelve monthspost-release, 36.1 per continuing involvement inviolent crimeafter release. departments abouttheconsequencesofrearrest after crime versus more than50percent ofacontrol group. cent of the BRI participants had been arrested for a new ship, case management, and services to individuals The program successfulinreducing was recidivism 116 Casemanagement continuedfor 117

see Ibid. 119 - Com

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The Center on the Administration of Criminal Law 37 - ernment benefits, as ernment benefits, as participate well in civic life. Expungement serves the remove to incident criminal public from the entirely, record to people allowing obtain easily more education, jobs, housing, and gov

- - - - - 122 Collateral Consequences see

123 http://njdc.info/wp-content/uploads/2014/10/Defender- Several prosecutors have taken the lead on lead the taken on Several prosecutors have See Sealing, and Set-aside, June 2017, http://ccresourcecenter.org/ Sealing, 2017, June and Set-aside, serves to remove the criminal incident from the the incident from criminal the serves remove to Resource Center, 50-State Comparison:Resource Center, Expungement, Judicial the opportunity to remove the incident from one’s one’s the incident from the opportunity remove to expungement on the completiongrams that allow tors should assist with obtaining an individuals of certain conditions. eral consequences long individuals burden that cases.expungement in appropriate Expungement and Other Records of Criminal resources-2/restoration-of-rights/50-state-comparisonjudicial- assisting people expungement,or for filing with after they’veafter their sentences, completed prosecu administered in partnership the Philadelphia Defenders’ by by partneringby pro the defense with create bar to benefits, as well as participate in civic life. Laws on Laws life. benefits, participate as well civic in as public history entirely. public record entirely, allowing people eas more allowing to entirely, record public record, potentially available to future employers, employers, future to available potentially record, check.running a background Expungement offers ily obtainily jobs, education,housing, and government the sealingrecords—like or case of records dis missals—still on the public that information leave which describes and expungement program diversion a juvenile expungement-sealing-and-set-aside/. Other avenues to minimize to the use of criminal Other avenues landlords, the government, or any private agency private or any the government, landlords, B. Assist with Expungement with Expungement B. Assist Relief of Forms for obtaining such relief, vary by jurisdiction. by vary for obtaining such relief, Becausehosta lead to records criminal collat of 123 123 122 For a comparison of laws by state, state, by a comparison of laws 122 For who is eligible for expungement, processes and the Association-Diversion-Program-Expungement-Project.pdf, Association-Diversion-Program-Expungement-Project.pdf, Association Office. and the Philadelphia District Attorney’s

- - 120 Improving Improving , at 13 (citation

121 Ibid. sition from a controlled environment to civilian life. to environment a controlled sition from considerable efforts to obtain accurate prison release prison accurate obtain to efforts considerable information.” date only did case management continue throughout a a throughout continue management case did only group had contact with their CCM [Community Case had contact with their CCM [Community group gram included prerelease components that eased that eased components prerelease included gram San Diego’s SB 618 Reentry Program’s Program’s SB 618 Reentry San Diego’s from prison, and specifically the first 72 hours, can can be hours, 72 first the specifically and prison, from person’s prison term, the program focused on the focused on the program the term, prison person’s on individual success: “Experts in can have process of release’ that the ‘moment concluded have reentry needs evaluations, San Diego’s SB 618 Reentry Pro Reentry SB 618 San Diego’s needs evaluations, the San Diego District Attorney’s Office—“have spent Office—“have District Attorney’s the San Diego the most critical time for ex-offenders as they tran as they the most critical time for ex-offenders the transition from incarceration to reentry. Not Not reentry. to incarceration from the transition Pre-Release Components Pre-Release Manager] within three days of their prison release.” days within three Manager] Nearly two-thirds (63%) of the [SB 618] treatment of the [SB 618] treatment (63%) two-thirds Nearly In addition to its focus on presentence risk and risk and presentence its focus on to In addition omitted). Reentry for Ex-Offenders in San Diego County 120 Mulmat, D., Doroski, L., E., Howard, et al., 120 Mulmat, D., 121 To improve this number, program partners—including partners—including program this number, improve To “moment of release,” recognizing the impact that that impact the recognizing release,” of “moment 38 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Broward CountyState Attorney’s Officeoffers 16 and 20) offer defendants whosuccessfully com 124 Trischitta, L., “Broward L., stateattorney’s Trischitta, officewill help 124 Expungement Initiatives 20151012-story.html. records,” arrest expunge http:// 12, 2015, SunSentinel, October ward-state-attorney-s-office-to-help-expunge-arrest-records- www.sun-sentinel.com/news/c rime/crime-safety-blog/sfl-bro Many ofthePhiladelphiaDistrictAttorney’s Office’s Mike Satzoutlined thereasoning behindhisoffice’s Florida ofLaw Enforcement, Department andhosted tively impacted by public use of such information.” their debtto society, thatperson canstillbenega Expungement Component Philadelphia’s Pretrial Diversion tation forexpungement requests to befiled withthe Expungement Workshop Broward County, Florida ment—some by requiring that the defendant request plete theprograms eligibilityforrecord expunge pleted adiversion program or probation and paid pretrial diversion andotherATI programs (seepages are available here. among the different programs. Complete details a criminalallegation, orthey have successfully com assisted applicantsinperson. Broward State Attorney a specialwalk-in workshop where staffers on-site applications and gathering the necessary documen- applications andgathering thenecessary expungement. Eligibilityforexpungement varies expungement incourtandothers through automatic decision: “Even though aperson hasbeencleared of qualified applicantsfree assistanceinpreparing - 124 - - - -

4852.01 COMP. to .21; 730;ILL. STAT. ANN. §5/5-5.5-15 (certificate , https://www.themarshallproject.The Marshall Project 125 For examples of certificates of rehabilitation, see For ofcertificates 125 examples 127 Leasure, P. Leasure, 127 T. and Anderson, Effectiveness S.“The Hager,126 “Forgiving E., vs.Forgetting,” March17, 2015, Review (Fall 2016),http://ylpr.yale.edu/inter_alia/effective 2953.25. § lords runcriminalbackground thatmay checks CRDs offeranintermediate formof relief thatCRDs of Certificates of Relief as Collateral Consequence ReliefConsequence ofCollateral Relief as of Certificates org/2015/03/17/forgiving-vs-forgetting#.6O8hGXk3d. qualification foremployment, see N.J.conduct); STAT. ANN. §§2A:168A-7 to -168A-16; andN.Y. andid.,§5/5-5.5-25of relief from disabilities) good of (certificate relief from one’s criminalhistory, itisavailable in no longer be judged for his or her crimes.” judged be no longer individuals to apply forsuchcertificates. and ofthis,numerous states reintegration. Because invitations ofemployment asdidacontrol oroffers asmanyreceived three times interview almost relief, recovery, achievement, or employability. process, as the burden of proof is on the ex-offender as the burden is on the ex-offender of proof process, Mechanisms: An Experimental Study,” AnExperimental Mechanisms: Yale &Policy Law anisms-experimental. anisms-experimental. ability (CRDs), sometimes called certificates of certificates called sometimes ability (CRDs), avenue forrelief, of Relief from Dis Certificates ance to employers…that should the ex-offender insuccessful and employment are vitalfactors CORRECT. LAW §§700-706. For of anexampleof acertificate - ness-certificates-relief-collateral-consequence-relief-mech only limited cases. Thishasgiven toonly another limitedcases. rise employment or housing. But both stable housing stable employment orhousing.Butboth anindividualdisqualify from considerationfor andmany professions, employerscertain andland involvement.criminal justice rehabilitated following past thatonehasbeen ers offer evidence employersto prospective oth and certificate of relief represents of certificate relief represents assur “an official certificate found that those holding certificates holding certificates found that those certificate studybe effective: of Ohio’s A to appear certificates does not erase one’s erase not does criminal record, but does the District of Columbia have of Columbia lawsthe District passed allowing tionally, ofthe learning inboth people assisting to gatherevidenceto show rehabilitation. Tradi qualifications butnocertificate. withsimilarcriminalrecords and group ofpeople REV. STAT. PENAL CODE§§ ANN. CAL. to -908; §§13-904 sequences thatbarindividuals from licensure in sequences While expungement offers the most complete themost offers While expungement Many collateral con criminalconvictions carry Obtaining these certificates can be acomplex can certificates these Obtaining OHIO REV. CODEANN. 127

ARIZ. ARIZ. 126 125 Such -

The

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The Center on the Administration of Criminal Law 39 There are a number a number are There con - of far-reaching can that sequences an with interfere ability individual’s into reintegrate to community their risk the and raise will he or she that commit new crimes future. in the

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133 Prison Policy Initiative estimates Prison Policy Initiative that, 132 A valid driver’s license is a vital component driver’s of suc A valid Ibid. still enforced laws that set at least still of six months enforced laws supervision, or counseling treatment attend or to obligations, family sessions. also They likely have and Reinstate Drivers’ Licenses Drivers’ and Reinstate license suspensions for drug offenses to unrelated December 12, 2016, https://www.prisonpolicy.org/driving/ December 2016, 12, typically required to report part as to their of required regularly typically communities from come Many attend. to training crimes in the future. example, twelve states and the District of Columbia twelve example, offense. or parole on probation Individuals cessful reentry. transport alsothem to are They themselves there. quences that flow from a conviction and that hinder and that a conviction quences from flow that an individual’s with quencesinterfere can that of Conviction national.html. as a result, these jurisdictions suspend approxi assistance to remove concrete collateral conse collateral concrete assistance remove to the commu into reintegrate ability to a person’s community her or his into reintegrate to ability and raise or she will commit new the risk that he are generally required to get a job, which requireswhich getjob, a to required generally are unrelated to driving. to unrelated person’s driver’s license, which can occur even license, occur which can driver’s even person’s nal conviction is the automatic suspension automatic the is a of conviction nal licenses for drug offenses drivers’ 191,000 mately school or vocational medical appointments, and/or ment and CRDs,and ment prosecutors’ offices also can offer a number are There of far-reachingconse nity. C. Facilitate the Removal of the Removal C. Facilitate Consequences Collateral driving are falling out of favor,” Prison Policy Initiative, falling out of favor,” are driving One common collateral consequence collateral crimi common a of One license suspension for anyone convicted of a drug convicted license suspension for anyone license driver’s hinders their ability to lack of a valid for non-driving-related offenses. for As of 2016,

133 133 132 Aiken, J. “Reinstating Common “Reinstating Sense: driver’s How 132 J. Aiken, with little or no public transportation. As a result, the Aside from assisting individuals with expunge with Aside assisting individuals from 1. Help Individuals Obtain Identification 1. - - -

- -

131 and 129 “Federal Expungement “Federal Order But prosecutors’ offices can play 128 prosecutors for legisla- can advocate 130 Hager, “Forgiving vs. Forgetting” (2015)(“To be vs. Forgetting” suc “Forgiving Hager, Legal Action Center, “Certificates of Rehabilitation: Rehabilitation: of “Certificates Legal Action Center, ., discussing Carolina, “Home North the Wilmington, tion establishing this form of relief. encourage them to hire peopleencourage hire them to with criminal efforts to alert them to the availability availability effortsto alertto the them processes and the of such relief for obtaining it; conditions are met; conditions are application assistance; justice-involved as part their reentry of justice-involved purpose and meaning of such certificatesto part of plea certain agreements, provided records who have them; who have records relief, individual’s rehabilitation efforts; rehabilitation individual’s in juris hold w p writ agr as where they have firsthand evidence of an they have where Id See See

States District Judge for the Eastern District of New York, States District York, District for the Eastern Judge of New stopping the endless prosecution of job seekers.” told the “Disrupting the Cycle” conference she believes conference the “Disruptingtold the Cycle” the Honorable John should be. Her former colleague, there he was a judge in the Eastern District of New York, though though a judge District York, in the Eastern he was of New See overruled. later he was town Hires” program of District Attorney Ben David, who who Ben program of District Hires” Attorney David, town letters of support community members, from and proof of sobri Reversed on Appeal,” Collateral Consequences Resource on Appeal,” Reversed existence of such relief and completing applications completing and relief such of existence model legislation. federal-expungement-order-reversed-on-appeal/. prosecuting just are trying folks who get to jobs, and these regularly meets with hundreds of area employers to encour to meetsregularly employers with hundreds of area Center, August 11, 2016, http://ccresourcecenter.org/2016/08/11/ 11, 2016, August Center, Gleeson, when judicially fashion such relief to attempted a role as well. They can: as well. a role age the hiring of the formerly justice involved. In David’s In David’s age justice the hiring of the formerly involved. bono attorneys. cates.htm#What_Do, for links to advocacy materials and and materials advocacy for links to cates.htm#What_Do, words, “[A]s a D.A., steps words, I feel stop I should take active to United though the Honorable Dora Irizzary, disability, certificates and the other new options, I think, are a way of of certificates and the other new options, I think,way a are ety, then arranging all of it into a narrative that demonstrates a narrative then arranging all of it into ety, cessful requires gathering documents multiple agencies, from has been of legal the domain services aid and pro What You Can Do,” https://lac.org/toolkits/certificates/certifi Can Do,” What You 131 130 present is no federal At relief from there certificate of 129 128 • nosuchtype of dictions thathave • • orkshops orotherwise offerno-cost explainthe to employers erform outreachto • e lettersofsupport cases inappropriate • ee notoppose to suchapplicationsas • sist the inoutreachandeducation to ‘rehabilitation’”). 40

Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry civil consequences. other criminal and cycle ofdebtand lead to acrushing these amounts can The inability to pay with the necessary paperwork and instructions on on and instructions paperwork with thenecessary 135 Pennsylvania Bar Association, “Innovative Pennsylvania Association, 135 StarProgram Bar 134 Federal judges who administer theSTARFederal judges Program ofPennsylvania.Program didintheEastern District reintegrate. Many continueto drive anyway inorder local bar association to obtain assistance for for to assistance obtain bar association local driving-rights-to-former-inmates-matters/458859/. www.theatlantic.com/politics/archive/2016/01/why-restoring- increasing theriskofrecidivism. merly incarceratedThisiswhattheSTAR people. recommen and sentencing plea, making charging, offenses ing thattheyrefrain from prosecuting pants had difficulty getting their licenses, which in which getting their had difficulty licenses, pants because of these consequences. However, consequences. ofthese theycan because attorneys to take on pro bono cases representing representing attorneys cases to takeonpro bono ofcollateral con theimpact and shouldrecognize toa newsentence incarceration. for Former Prisoners,” https://www.pabar.org/public/pro dations. If such a consequence has already attached, has already attached, dations. If such a consequence of a technical violation of their probation terms and turn madeitdifficult tofindemployment, thereby thatmany ofthepartici emphasized the judges Inmakingtherequest, reinstated. their licenses aid orlegal to reinstate theirlicenses, the process individuals by connecting atreentry they canassist to atrisk maintainemployment, placingthemselves Former Matters,” Inmates TheAtlantic, January22, 2016, https:// STAR to intrafficcourt participants Program have from thePennsylvania assistance sought bar, asking sequences that include license suspension when suspension thatincludelicense sequences services thatcanprovide suchassistance. services bono/StarProgramFmrPrisoners.pdf. See What can prosecutors do? NoWhat can prosecutors one is suggest Prosecutors can also perform outreach to outreach the perform canalso Prosecutors id. Ewing, M., “Why RestoringDriving to Rights M.,“Why alsoEwing, See 134 135

------• , 2, http://www.bren toReentry ABarrier Justice Debt: - 136 Prisoner Reentry Institute, Rethinking Reentry Pretrial Practice: Prisoner 136 137 Bannon, A., Nagrecha, M.&Diller, A., Bannon, R.(2010).137 138 Council of Economic Advisers. (2015). Advisers. ofEconomic Council 138 Individuals leaving often shouldereconomic prison any sentences include associated fines and fines any include associated sentences Bail: PaymentsBail: inthe Criminal Justice Systemthat Dispro for these types of fines and arrears, which fall into and arrears, of fines types for these Burdensome FinesandArrears See alsoU.S.See ofJustice. Toolkit (2014). Reentry Department 2. Aid Individuals inReducing AidIndividuals 2. (Washington,portionately Impactthe Poor TheWhite DC: default/files/page/files/1215_cea_fine_fee_bail_issue_brief. burdens. Some of these burdens from stem their ofthese burdens. Some amounts can lead to canlead acrushingcycleamounts and ofdebt U.S. https://csgjusticecenter.org/docu ofJustice), 13, Dept. for United Attorneys’ States Offices DC: (Washington, ments/0000/1163/Reentry_Council_Reentry_Toolkit.pdf. nancenter.org/sites/default/files/legacy/Fees%20and%20 pdf. other criminal and civil consequences. Prosecu criminalandcivilother consequences. involvement,criminal justice follow whileothers tors canwork to alleviate thisbarrierto reentry theirtime. Theinabilityto paythey serve these andcontinueto mountwhilethem into prison three general categories: three general Fines%20FINAL.pdf. the Front EndoftheCriminalJusticeSystem(2016),at18. House), 4,https://obamawhitehouse.archives.gov/sites/House),

“comes andcanlead withsevere consequences who are unable to pay hampering theirdebt, Criminal JusticeFinesandFees M further beyond reach; further fees—called criminal justice financial obliga criminal justice fees—called for late payments, failure to pay, up orto set liens, wage garnishment, taxrebate interception, ment, housing, andtransportation.”ment, housing, payment plans, ability to pay andwhichsignificantly impair accompanying difficulties in obtaining employaccompanying in difficulties criminal justice debt, with states assessing fees fees assessing withstates debt, criminal justice forcollecting surcharges commonly assessed civil judgments, negative and credit reports, at reentry.efforts Thefailure to pay debts these tions—that aretions—that unrelated to anindividual’s their abilityto work. to revocation ofprobation, additionalwarrants, states also suspend drivers’ licenses for those drivers’ forthose suspend also licenses states 138 causing debts to mount even causing debts 137 Ex-offenders are also Ex-offenders Fines, Fees, and Criminal 136

Some Some - -

- - - The Center on the Administration of Criminal Law 41 fines and fees into fees into fines and bargaining, and front end in the front end in the sentencing phases. sentencing not only take such such take not only account on the account on the charging, plea Prosecutors should

- - Some - - 144 - Incarcera 143 Once they get out, it may be too get Once they out, it may 142 Incar be however, ceratedparentsmay, Prosecutors fines should not take such only and Hager, E., Men in Prison, “For Child SupportHager, Becomes a being aware of the total debt burden such fees are adding to of the total debt such fees burden adding to are being aware steps to help those with criminal records to ease those stepshelp to to records criminal with statute, and thus prosecutors may have less influ ability to have and thus prosecutorsstatute, may ing dispositions that include additional fines accordingly. support-becomes-a-crushing-debt#.ex4dScmbG. in child support arrears, accrued while earning an average of 20 in child support of 20 arrears, accrued while earning an average - tion), http://www.ct.gov/ctsc/lib/ctsc/Liman_Paper_-_Incar to fund their criminal justice systems, are typically set typically fund their criminal justice are by to systems, themarshallproject.org/2015/10/18/for-men-in-prison-child- in Crisis, a Connecticut-basedFamilies reentry organiza their financial obligations uponrelease. for struggling statesrevenue and municipalities find to already economically strugglingalready defendants and consider The Marshall Project The Marshall 2015, October- (inter 18, Crushing Debt,” a factor in reentry success, have taken proactive taken proactive a factor in reentry success, have accrue arrears despite income while their lack of their get parents job, a legitimate as reentering of the financial consequences of certain dis aware unaware of these rights and thus continue to of these rights to and thus continue unaware prosecutors, recognizing financial that is stability pay is garnished at a predetermined rate [which] [which] is garnished rate at a predetermined pay plea bargaining, and sentencing phases—by being to ability positionsassessing by and individual’s an their office can should also consider ways pay—they incarcerated. them destitute and decrease their leave may work.” to incentive (New Haven, CT: The The CT: Haven, of Connecticut people (New and the parents, ceration_and_Child_Support_Obligations.pdf. ence their imposition seek them, beyond or to from relief viewing men who left prison with between $10,000 and $110,000 and $110,000 viewing men who left prison with between $10,000 cents per hour, the median in state prisons), wage https://www. cents per hour, (discussing of Susan Quinlan, Director remarks of Executive late to restructure that debt, which can create “a restructure to late “a that debt, which can create since as soon employment, legitimate barrier to such debts alleviate help to on the back end. tion and Child Support Obligations: A report to the Recidi to the A report tion and Child Support Obligations: vism Reduction Committee of the Connecticut of the Sentencing Committee vism Reduction see fees end in the charging, the front account on into Commission regarding the consequences of child support support consequences of child the Commission regarding 144 Criminal justice fees, common method an increasingly 143 Eidelman, V., Hartz, H. (2013). L., and Zhao, 143 Eidelman, V., debt for incarcerated individuals, children and custodial children individuals, debt for incarcerated 142 For a first-person look For this debt142 at how can accumulate, Arthur Liman Public Interest Program, Yale Law School), Law 9 Arthur Liman Public Interest Program, Yale

- - - Final rulesFinal Historically, Historically, 140 139 Final Rule: Final Rule:

141 National Conference of State Legislatures, “Child Conference Legislatures, of State See also National “Child suspension or modification of the original award. suspension or modification of the original states considered incarceration to bestates to considered incarceration a period of treating incarceration as voluntary unemploy incarceration treating they are met with a mounting debt burden they met with a mounting debt burden they are of which potentially impact their ability to drive of which potentially impact drive their ability to continue to accrue with interest while peoplecontinue to other typescriminal the to fines of unrelated awards while incarcerated. awards are parents, many of whom enter prison of whom enter already parents, many are accruing during periods as most of incarceration, and to pay for other needs, basic like food pay and to and are incarcerated—warrants may even be issued even may incarcerated—warrants are bound support child by orders. justicecan Traffic fines, system. example, for parents to seek to parents modifications of child support penalties child support for arrears not did stop $20,000 in child supportchild in arrears. $20,000 issued the Office of Child Support by Enforce states from prohibit however, 2016, in ment noncustodial for incarcerated ment, and allow returning to their communities to returning can hope meet: to prison with, on average, parents leave incarcerated ing warrants of which they may be unaware, all be unaware, they may of which ing warrants may be unprepared to meet beand new outstand to unprepared may housing; and Ibid. for nonappearance—so that when they reenter The maj Child Support Arrears Child Noncriminal Justice Fines Noncriminal J This can add up to a debt areThis can add up to load that few who voluntary unemployment that did notvoluntary merit the unemployment

Support and Incarceration,” February 10, 2016, http://www.ncsl. 2016, February 10, Support and Incarceration,” https://www.gpo.gov/fdsys/pkg/FR-2016-12-20/pdf/2016-29598. Enforcement Programs, 81 Fed. Reg. 93492 (December 20, 2016), 2016), (December 20, 93492 Reg. 81 Fed. Programs, Enforcement pdf. pdf. aspx#Incarcerated. org/research/human-services/child-support-and-incarceration. default/files/programs/css/fem_final_rule_incarceration.pdf. Flexibility, Efficiency, and Modernization in Child Support Efficiency, Flexibility, Programs, https://www.acf.hhs.gov/sites/ Enforcement ority ofpeople infederal prisons andstate also often owe individuals ustice involved 139 Office of Child Support Enforcement, 140 and SupportModernization in Child Efficiency, Flexibility, 141 • • 42 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry Alabama Municipal Courts Observation Project Alabama Observation MunicipalCourts The SouthernDistrictofAlabama Attorneys’ Officesatpages 13-15. 145 U.S. Attorney’s ofAlabama, SouthernDistrict Office, 146 Alabama’s municipalcourts,inorder to identifyand Financial Burdens onReentry Prosecutorial Efforts to Ease Toolkit”]. (Washington, U.S. DC: ofJustice),13-14, https:// Dept. cil_Reentry_Toolkit.pdf [hereinafter “U.S. Attorney Reentry csgjusticecenter.org/documents/0000/1163/Reentry_Coun- Western DistrictofNewYork For more details on these U.S. Attorney initiatives, that hastheoutstandingtraffic ticket thatthedefen time of arrest and correspondingly notify the court improve certainpractices regarding thesecourts’ to develop atemplate foramotionrelief insuch to municipal judges asking for a reduction of interest teer lawyer program inwhichattorneys write letters Pennsylvania, theDistrictofNewJersey, andthe to coordinate informationaboutthefeesamassedby use offinesandfees. U.S. Attorney’s officesintheEastern District of municipal and state court administrators in an effort pro bonoservices to thosewhohave traffic finesthat rescheduling of administrative finesandfees, rein a single person across different systems and agen avoiding theissuingofwarrants. asked local attorneys to encourage themto provide fees canimpactsuccessfulreentry. Theofficealso as welllinks to furtherinformationandresources example, “flagoutstandingtraffic violationsat the cies, and both agreed to work to develop tracking dant isincarcerated andwillbeunable to appear,” circumstances. Theofficealsoundertook astudyof continue to accruewhile incarcerated, andhasplans courts asto howtheissueofoutstandingfinesand or reduction offines, to raise awareness withthose periodsofincarcerationduring oroutrightdismissal civil legal matters, including or reduction, dismissal, on thetopic, software for that purpose. Such software could, for services to assistformerly incarcerated people with ships with bar associations, law schools, and legal aid stating drivers’ licenses, and family court matters. justice.gov/usao-sdal/page/file/934936/download. Reentry Toolkit forUnitedReentry States Attorneys’ Offices see Reentry Toolkit forUnitedStates 145 Theofficealsometwithboth have formedpartner 146 instituted avolun

, https://www. - - - - - “Ex-Offender Job Fair,”“Ex-Offender (May release press 16, https://www. 2013), Those Reentering withJobs 1. Partner withEmployers to Connect 147 U.S. ofAlabama, Attorney’s SouthernDistrict Officefor the U.S. Attorney Kenyen Brown: Unemployment amongtheformerly incarcerated

factor in successful reentry. insuccessful factor According to former D. Work withtheCommunity has been linked with increased rates ofrecidivism, rates withincreased linked has been ing, and employment an essential and immediate and employment an essential ing, to vocational train education, making connections ment; and(2) to employers educate hiring about Enforcement’s onlineguide. For state-by-state informationonhowto change a on Crime initiative, several U.S. Attorneys’ Offices the formerly incarcerated,below. asoutlined employ reentering with securing those to assist child supportorder, spearheaded reentry efforts with twofold goals: (1) efforts reentry spearheaded justice.gov/usao-sdal/pr/ex-offender-job-fair. As part oftheObamaAdministration’s part As Smart vised release (generally two to (generally five release vised years) 2006, any who secure could not 50% of those were employment abletoduringthe secure However, who 93% anastonishing ofthose federal prison between calendaryears between 2002- prison federal from thatwere released prisoners federal Ofthe262,000 are successful. inmates federal Office ofthe in Courts U.S. Washington D.C., indicate that ex-offender employment is a indicate thatex-offender and not returnand not to prison. entirety of their supervised release were release able entirety oftheirsupervised and wereof their release back to sent prison. theterms anewcrimeorviolated committed employment duringthetimeoftheirsuper inwhetherrecentlycritical factor released to successfully reintegrate back into society reintegrateto successfully backinto society

Statistics compiled by theAdministrative compiled Statistics see theOfficeofChild Support 147

- - - The Center on the Administration of Criminal Law 43

- - - - - 151 See Appen 152 New Day ExperienceNew , a loaf of bread stands bread of loaf a , A tool to assist people in locat in people assist to tool A (created by the U.S. Attorney’s Attorney’s the U.S. by (created , May 31, 2015, http:// The Times-Picayune, May experience during the two years of employment. of during years experience two the dix D for examples of forms used by the U.S. Attorney’s Attorney’s the U.S. by of forms used dix D for examples offender to help coordinate reentry work.reentry to help coordinate offender driver’s license office, and police headquarters; non police license office, and headquarters; driver’s index.ssf/2013/12/us_attorney_kenneth_polite_urg.html. for food assistance), the map also includes bus routes routes bus includes also map the assistance), food for reentry service providers in Mobile County. The map County. in Mobile service providers reentry profits like the American Red Cross and Catholic Social Red Cross the American like profits centers, Services; educational institutions, treatment describe icons that by Marked and more. providers, Create a Reentry Map: Reentry a Create . click here map, the full interactive For provides. the services they need, prosecutors should famil dictions. Examples steps of some that any concrete neth_polite_pla.html. ness community to work with ex-offenders,” The Times- with ex-offenders,” ness work community to Offices for the Southern District of Alabama and theOffices for the Southern Office for the Southern District of Alabama) is an onlineOffice for the Southern District of Alabama) including Hyatt, Shell, and Harrah’s. One employer One employer Hyatt,including Shell, and Harrah’s. ex- an which hired Office itself, Attorney’s is the U.S. ing reentry service providers, the service providers, ing reentry of sixty the locations map that includes interactive the courthouse, like agencies government includes the type of service offered (e.g.offered service of type the to help people access service providers using public access service providers help people to to assist and identifies Wi-Fi hotspots transportations an icon brings on Clicking with information gathering. and contact its address of the building, up a picture information, and a short description of the services it Re-entry Resource Map Resource Re-entry providers, and quality programming in their juris providers, prosecutor’sare office could take below. Eastern District of Louisiana.Eastern iarize themselves with reentry resources, service - www.nola.com/crime/index.ssf/2015/05/us_attorney_ken Creative Reentry Assistance Reentry Creative 2. Gather, Distribute, and Leverage Leverage and Distribute, 2. Gather, ex-offender,” ex-offender,” volunteer lawyer services, medical resources, housing resources, services, medical lawyer volunteer Local Reentry Resources Local Reentry PicayuneDecember, 2013,4, http://www.nola.com/business/ In order to best to In order connect with individuals returning 152 DeBerry, J., “U.S. Attorney Kenneth Polite plans to hire hire plans to Polite Kenneth Attorney “U.S. J., 152 DeBerry, 151 Lipinksi, J., “U.S. Attorney Kenneth Polite urges Polite Kenneth busi- Attorney “U.S. 151 J., Lipinksi, To date, twenty-five businesses have stepped up, up, stepped businesses have twenty-five date, To

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148 149 - here at 12. and news coverage coverage and news

here Employers then monitor the the monitor then Employers 150 ttorney’s Office for the District of Columbia Office ttorney’s at 12. .S. A For information about the office’s ex-offender job information about the office’s For Id. ship, and life skills. life and ship, shops, offering mock interviews and résumé writing and interviews shops, offering mock ers to hire formerly incarcerated individuals, holding incarcerated formerly hire to ers for such individ- program a special apprentice created cerated people for two years. The program operates operates The program for two years. people cerated developed the 30-2+2 program to recruit thirty local recruit to the 30-2+2 program developed includes a listing of programs that give incentives to employers employers to incentives includes a listing of programs that give are highlighted in the U.S. Department of Justice’s Department Justice’s of U.S. in the highlighted are job fairs specifically for this purpose. One company purpose. One company for this specifically job fairs fair, see the press release release see the press fair, met with the Mobile Chamber of Commerce to discuss to Chamber of Commerce met with the Mobile employers to available tax credits federal potential held an Employer Reentry Forum that convened govern that convened Forum Reentry an Employer held in employ involved agencies social services and ment approach a coordinated create to ment and reentry help. It partners with community colleges to connect to with community colleges It partners help. employ opportunities, and recruits training to people businesses who agreed to hire two formerly incar two formerly hire to businesses who agreed mentor them with job training, and provide people Under former U.S. Attorney Kenneth Polite, the office Polite, Kenneth Attorney Under former U.S. uals that included a path to joining a union. Brown also Brown union. a joining to path a included that uals individuals. His efforts incarcerated formerly who hire to helping returning individuals find employment. helping returning to in collaboration with an existing reentry service at at service reentry existing an with collaboration in select to in Angola Penitentiary the Louisiana State initiated a number of workforce development reentry reentry development a number of workforce initiated work annual employment The office holds initiatives. , Company May Fast Inmates,” Cycle—By Former Employing Reentry Toolkit for United States Attorneys’ Offices. Attorneys’ States United for Toolkit Reentry grams-breaking-the-prison-cycle-by-employing-former-inmates. 3, 2016, https://www.fastcompany.com/3059185/inside-the-pro 2016, 3, who hire people who have been Id. incarcerated. peoplewho hire who have Employment and Reentry: Employment Efforts Prosecutorial Alabama, under former U.S. Attorney Kenyen Brown, Brown, Kenyen Attorney Alabama, under former U.S. 149 150 Hutchison, Breaking the Prison C., “Inside the Programs 148 U.S. Attorney Reentry Toolkit, at 11–12. This publication also at 11–12. Reentry Toolkit, Attorney U.S. 148 The District of Columbia The Southern District of Alabama The Southern District The Eastern District of Louisiana The Eastern The U The U.S. Attorney’s Office for the Southern District of Attorney’s The U.S. 44 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry process.reentry of the over court the extend the influence ofaneffort to out courts grew Reentry Justice Statistics,8, https://www.bjs.gov/content/pub/pdf/ Justice Statistics , table7, https://www.bjs.gov/content/pub/pdf/ 156 Hispanics and African Americans composed 59of percent andAfrican Americanscomposed Hispanics 156 in2013.” (2014.) “Prisoners A. E. Bureau Carson, of 155 157 Truman,J.157 (2016.) “Criminal 2015.” Victimization, Bureau of 154 154 153 TheAnti-Recidivism153 Coalition’s RideHomeProgram also Arrange for Pickup from Incarceration: (“Many people charged with violent crimes are shaped (“Many are shaped withviolentcrimes charged people See See crime.”), https://www.themarshallproject.org/2016/07/17/ employment. Many have of victims been themselves cv15.pdf. out-of-prison-now-what.html?_r=2. See See services. similar offers volunteers from faith-based organizations to assist versa.” victimization: themajorityofpeople instate orfederal Court is the Last Resort,” istheLast Court , July TheMarshall 17, Project 2016 ties. that have elevated risks forbecomingavictim. to provide muchneededprosocial support. interview skillstraining andrunamentorship program tion assistance,thesevolunteers have offered mockjob to jobinterviews. Inadditionto providing transporta the Southern District of Alabama also connected with the SouthernDistrictofAlabamaalsoconnected with p13.pdf. p13.pdf. five-voices-on-reforming-the-front-end-of-justice#.60qvn3nru. reports/rates.html. underlying mental health or emotional issues. Coordi tunities stated: “Victims aretunities stated: “Victims alsooffenders andvice who have committed crimesare themselves victims. Connect with Victim Services: Policy Initiative,Policy May 28, 2014, https://www.prisonpolicy.org/ nating withvictimservicesisalsoalow-cost initiative, bus passesto transportation ease issues,andtake them prison, drive themto halfway housesorhome,provide newly released bothatthecrucial“moment individuals Prison. NowPrison. TheNew What?” York TimesMagazine , July 16, 2015, Sam SchaefferoftheCenter forEmployment Oppor prison are age thirty nine or younger the total incarcerated population accordingthe totalincarcerated to population the2010 census. ately following reentry. Volunteers pickuppeople from the Front Thinks EndofJustice: Where theProsecutor https://www.nytimes.com/2015/07/19/magazine/you-just-got- are victimresources thatcanassistformerly incar at the“DisruptingCycle” conference, many people ity in education, nutrition, housing, social supports, or supports, social nutrition,housing, ity ineducation, of release” aswellinthedays andweeks immedi cerated and incarcerated with treating individuals ex-offenders who themselves may be suffering from by theirenvironments: to- violenceandinstabil exposure State-by-State Incarceration Ratesby Race/Ethnicity,”State-by-State Prison See alsoChisholm,J.,See et al.,“Five Voices onReforming “Breaking Down Mass Incarceration inthe2010 Mass Census: “Breaking Down 156 Theseprisondemographics are groups thesame 154 Statistics support the importance of helping Statisticssupporttheimportanceofhelping Mooallem, J.,Mooallem, of “You Out Just Got As Glenn Martin noted 155 and are minori The USAO for 153

157 There

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3. VisitandParticipate inReentry Courts with its conditions. Reentry courts are modeled after after are modeled courts conditions.Reentry with its 158 Treating trauma can and should begin while behind whilebehind Treatingtraumacanandshouldbegin 158 159 For a history of drug courts and how that model was andhow thatmodel Forofdrugcourts 159 ahistory 160 Review, vol. no. 13, 2, pp. 591–613, http://repository.uwyo.edu/cgi/ length of supervision. in agraduationceremony months,results 12 lasting Once a court issues asentence, ittypically haslittle issues Once acourt while they’re inside, then can come out and lose a job inawhile they’re ajob inside, thencancomeoutandlose www.rid.uscourts.gov/menu/generalinformation/hopecourt/ viewcontent.cgi?article=1057&context=wlr. main interest isintrackinganindividual’smain interest - prog inpublicly recorded proceedings, court in open to comply struggling whomightbe nity supervision involvement with defendants’ lives. courts Reentry reentry courts is to reduce the number ofrevoca isto thenumber reduce courts reentry monitoring ofindividual of performance,thegoal andguidance, providing andapplying ress, support presided overpresided bythatcanincludefamily thejudge but in a non-adversarial setting, where thecourt’s but inanon-adversarial setting, and friends and, in some cases, reductions in the inthe reductions cases, and friendsand,insome as well as to facilitate rehabilitation and reentry. Courts: An Emerging Use of Judicial Resources in the Struggle intheStruggle ofJudicial Resources AnEmergingUse Courts: month andreoffend.” drug courts, with a judge or magistrate presiding ormagistrate presiding withajudge drug courts, to commu- sentenced ceration, aswell asforthose from incar after release on communitysupervision forindividuals both over process court thereentry or parole, and other community service providers. or parole, communityservice andother grew out of an effort grewto extend outofaneffort theinfluenceof tion proceedings andtheincidenceofrecidivism, tion proceedings treatment providers, representatives from probation oflaw members counsel, enforcement, tors, defense - andcanincludeprosecu this more relaxed setting, of a team of criminal justice but is part the lead, andincentives tograduated sanctions encourage many oftheagencies thatoffersuchassistance. HOPECourt.pdf. Island. healing fromandtheirownhealing theirowntrauma victimization transferred to reentry courts, see courts, transferred to reentry as prosecutors’ officesalready have relationshipswith to Reduce theRecidivism Offenders.” ofReleased WyomingLaw Successful completion of the program, typicallySuccessful whotakeonslightly different in system actors roles takes completionofprobation. Thejudge successful jobs andallthecommunitysupport…but aren’tjobs ifpeople Inthewordsbars. ofAdamFoss,“We canhave allofthe See See H.O.P.E., (January6, Court AReentry 2016),1,http:// United States District Court for the District of Rhode ofRhode fortheDistrict Court United District States 159 Because of the ongoing of the ongoing Because Fetsco, D. “Reentry (2013). 158

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The Center on the Administration of Criminal Law 45 ------A national pilot program was program A national pilot Partnering with law students, the students, the with law Partnering As with traffic court, court traffic with As family the suspensions that can post a significant obstacle to suspensions that can post a significant obstacle gun violence reduction program. reduction violence gun offenders in handling family matters involving cus involving matters in handling family offenders ex-offenders trying to find and maintain employ trying ex-offenders launched to address the issue of affordable housing the issue of affordable address to launched with the Philadel in conjunction for ex-offenders, ate was hired to head Operation Ceasefire, a DOJ a DOJ Ceasefire, head Operation to wasate hired able to expunge more than 153 criminal records for than 153 criminal records more expunge to able phia Housing Authority (PHA). phia Housing Authority STAR participants. STAR hired four graduates to full-time, salaried jobs, and full-time, four graduates to hired ment and rebuild family networks. The initiative The initiative networks. family ment and rebuild with employers in both the public and private sec in both the public and private with employers participants. The PHA STAR and employ train to tors trained and employed Neighborhood Film Co. the Another gradu two graduates in film production. tody and child support, as these matters can also can support, and child tody matters these as traffic court representation program grew in size. size. in grew program representation court traffic impede successful reentry. initiative partners with law students to assist ex- students to with law partners initiative includes a number of law schools and law firms. schools and law a number of law includes Lawyers for Social Equity, the STAR program was program the STAR for Social Equity, Lawyers The program partners partners The program Initiatives. Employment Affordable Housing. Housing. Affordable Court. Traffic Court. Family with the Philadelphia Partnering Expungements. This initiative aims to reduce traffic fines and license traffic reduce aims to This initiative The STAR program has steadily grown since its since its grown has steadily program The STAR

sion. For participants who are not complying with thewith complying not are who participants For sion. sanctions swift graduated and extremely been has prac evidence-based by successful and was driven discuss individual participants and propose plans plans discuss individual and propose participants group in a together attend participants dynamic: court ses next the before achieve each participant to imposed sanctions graduated are of their release, goals of the program or who are violating the terms violating the terms are or who of the program goals and are required to individually discuss their accom- their individually discuss to required are and The use of group. the entire to and then explained and predictability to ensure that the group sees all sees group the that ensure to predictability and plishments and obstacles they face during they plishments and obstacles the reentry for goals develop used to This discussion is process. participants being treated fairly. participants being treated to help them succeed. The STAR program is also is also program succeed. The STAR help them to for consistency strives court team tices. The STAR inception and, as recently as 2014, its net expanded inception and, as recently assist participants with the following: work to • • • • •

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162 , Urban Institute Institute , Urban In discussing 161 But They All Come They All But There are good are There reasons the judiciary include to sons decision.” for a government Institute then National supervision, Travis, Jeremy coordinator. These representatives meet for about for about meet These representatives coordinator. crime. Every two weeks, up to forty participants forty participants up to two weeks, crime. Every training-seminar/2014/memo_star.pdf. a significant risk of recidivism and history of violent of violent recidivism and history a significant risk of judge magistrate a federal before appear as a group Supervision to Aid Reentry (STAR) court in 2007, court in 2007, (STAR) Aid Reentry Supervision to Press, https://cdpsdocs.state.co.us/ccjj/Resources/Ref/ 2005), NCR2007.pdf. ninety minutes before each STAR court session to court session to each STAR before ninety minutes process involving representatives from the U.S. Attor the U.S. from representatives involving process Office, the Public Defender’s Federal Office, the ney’s release. The STAR court focuses on individuals court with The STAR release. try possibly and plan, release a early to granting those who impose sentences, keeping track of a the advantages of reentrythe advantages courts traditional over of Justice Director under Attorney General Director Justice of Attorney under Janet can benefit open the from articulationrea of the Eastern District of Pennsylvania’s STAR Program Program STAR District of Pennsylvania’s Eastern General Attorney former by touted been has which to report on their progress. This is a collaborative This is a collaborative on their progress. report to try court for Philadelphia residents on supervised on supervised try court for Philadelphia residents Chief Judge, U.S. District Court (E.D. Pa.), July 7, 2014, http:// 2014, 7, District July Pa.), Court (E.D. U.S. Chief Judge, and Timothy R. Rice, U.S. Magistrate Judge, to Petrese B. Tucker, Petrese to Magistrate B. Tucker, Judge, U.S. R. Rice, and Timothy judges that oversee reentry could be the same as prisoner’sprogress meeting on goalsthe reen- a of prisoner who has made significant progress.” public’s confidence [and] carry confidence out their business public’s Eric Holder as a national model for other districts. other for model national a as Holder Eric Probation Office, and a Department of Justice reentry Office, and a Department of Justice Probation ment in the lives of the peoplement in the lives they sentence: “[T]he in open courtrooms, not closedoffices, so the pub in the reentry process: “[J]udges command the www.ussc.gov/sites/default/files/pdf/training/annual-national- 2008, 65 (discussing Jeremy Travis’s book Travis’s 65 (discussing Jeremy 2008, lic, former prisoners, members, family lic, and others Reentry Court Examples Reentry Back: Facing the Challenges of Prisoner Challenges Reentry the Facing Back: Reno, emphasized involve judicial continuing the Reno, Parole, Desistance from Crime, Desistance Research from Crime, Council. National Parole, 161 But They All Come, at 351. Back They All But J. Travis, 162 District Judge, Memorandum L.163 U.S. from Restrepo, Felipe . The National Academies Press,and Community. The National Integration The Eastern District of Pennsylvania created the the created District of Pennsylvania The Eastern The STAR court is a post-sentence, federal reen federal court is a post-sentence, The STAR 46 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry • • 164 year program thusaddsjudicialsupportandover Rhode Island’s reentry called “Helping Offend court, Pennsylvania alsodropped by 19percent. When Revocation proceedings intheEastern Districtof impressive: program participationdropped theodds informal—open courtsessions,where thejudge can District of Rhode Island’s H.O.P.E. Reentry Court traditional probation office supervision, allowing STAR program participantsare compared to similar pants (nongraduates) have had supervision revoked. number ofmetrics.Only 11percent ofSTAR program rehabilitation, and decrease recidivism.” review and respond to theirprogress. Theprogram’s participants are supervised in regular—though more rehabilitation andsupervision.Ledby thepresiding reduction in the term of supervision. Placement on an AssistantU.S. Attorney, andtheProbation Office, judge with the aid of an Assistant Public Defender, for early intervention before violationsoccur. Suc graduates and18percent ofSTAR program partici goals are to “reduce thenumberofrevocation pro of supervisionrevocation by 82percent. ex-offenders whodidnot participate, the results are compliance withconditionsofsupervision,facilitate ceedings before district judges, improve participants’ court modelandusesateam approach to offender ers Prepare for reEntry (H.O.P.E.)” follows the drug cessful completion can result in up to a one-year sight, togethersight, with incentives to and sanctions,

The STAR program has been successfulacross a See H.O.P.E.,See , at1. Court AReentry Behavioral and Cognitive Programs. Pro Bono Outreach. with terns,” one of the central predictors of recidivism, bation Office hastargeted “criminalthinking pat nered withthePhiladelphiaBarAssociationand behavioral therapy program. Theprogram targets foraChange,”by launching “Thinking acognitive active listening, cognitive self-chan nizing risk. local law schoolsto connectprogram participants copyright law. ent civilissuesranging from estate disputes to ex-offender behavior andincludes topics suchas pro bono attorneys onanumberofdiffer TheSTAR program haspart ge, andrecog 164 ThePro The one------

166 165 (“jury box observations”), essay writingassignments, vidual’s rights, if there isa revocation proceeding or vide positive reinforcement andaccountability in a Philadelphia’s Courtoffers MentalHealth amodelfor identifies participantswhoacceptahigher level of tion from theprogram. For more information about ceremonies,tion ofachievement, andearly termina include less frequent court dates, cards, gift recogni its, onupto removal from theprogram. Incentives include timespentobservingcriminalproceedings Philadelphia’s MentalHealth Court the program andwhetherto terminate aparticipant ing team meetings, the AUSA will participate in the team meetings and attend allCourtsessions,and treatment, education andjobtraining programs, education treatment, and wraparound andsubstanceabuse mentalhealth include caseplans,highly structured supervision, with theapproval ofthesentencing judge. Services the H.O.P.E. courttrack begins atdisposition,with program probation combinesindividualized supervi participate inthosematters. For more information new criminal charges are filed, the AUSA does not may commentonthe participant’s progress… . Dur high-risk individuals identified and placements made identifiedandplacementsmade high-risk individuals rights.” non-adversarial mannerthatprotects participants’ prosecutor, andfederal publicdefender)willpro prosecutor, withotherteam members, plays aninte- facilities outside the Philadelphia prison system. The about theprogram, seeH.O.P.E., aReentry Court. and increased courtappearances orprobation vis and incentives to achieve compliance. Sanctions can from the program.” to whetherto admitanindividual for anindividual, diagnosed withaseriousmentalillness.Thecourt on probation foranonviolent felony andhave been defendants who are serving acounty sentence or are gral role: “The entire team (judge, probation officer,gral role: entire team (judge, “The court progress updates, and graduated sanctions determination of appropriate rewards and sanctions coordination with community-based resources. The supervision inexchange forplacementintreatment sion with intensive wraparound regular treatment, Id Id . at3. . at5. 165 The AUSA “will actively TheAUSA participate “will inall 166 However, to protect an indi ------The Center on the Administration of Criminal Law 47 - at pages at pages

Reentry see the Reentry the District’s see the District’s eentry court guide and toolkit to establish pro to and toolkit eentry court guide or a r the Center for Court see the Center jurisdiction, in your grams federal reentry courts in United States District Courts, District States United in courts reentry federal high-risk individuals, gang members, those with those with high-risk individuals, members, gang mental health and veterans, issues, including programs targeting substance abusers, substance abusers, targeting programs including manual. Diversion Programs Pre-Trial F For descriptions about and contact information for about and contact information for descriptions For Philadelphia’s Mental Health Mental Court, Philadelphia’s Reentry Court Tool Kit. Tool Court Reentry Innovation’s 18–22. Toolkit for United States Attorneys’ Offices Attorneys’ for United States Toolkit 48 “tone atthe top” to Not all changes are costly—often, it costly—often, demonstrate the important aspectimportant of public safety. office’scommitment Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry asan to reentry takes setting the An essentially cost-free reform that prosecutors can can cost-free reform thatprosecutors An essentially Though directed at federal prosecutors, the goals thegoals prosecutors, atfederal Though directed 167 U.S. ofJustice. SmartonCrime: (2013). Department 168 Not all changes are costly—often, it takes setting setting ittakes areNot costly—often, allchanges In order to achieve thefront-end andback-end P R III PART A. Make Anti-RecidivismA. and Reforming the Criminal Justice Systemforthe 21stCentury Reentry Initiatives anOfficePriority Priming Prosecutors’ Offices Reforms (Washington, U.S. DC: ofJustice),1,https://www.justice. Dept. ing, and practices to promote thisbroader focus andpractices ing, implement is to explicitly redefine theoffice’s mis need prosecutors reforms thathave discussed, been for Front- andBack-End public safety. III can in Part The reforms discussed gov/sites/default/files/ag/legacy/2013/08/12/smart-on-crime.pdf. any prosecutor’s office to realign resources, staff officeresources, torealignany prosecutor’s inthisinitiative outlined steps allow and action theculture to reshape asefforts incorporated all be on Crime initiative recognizes that: on Crimeinitiative recognizes on recidivism andreentry. Thedepartment’s Smart to deterefforts crime and reduce recidivism.” prevention is“[t]obolster goals andreentry of its office. of theprosecutor’s of aspect asanimportant commitment to reentry the “tone atthetop” to theoffice’s demonstrate andpractices. policies by changingoffice to start Smart onCrimeinitiative thatone Smart states expressly sion. For instance, theU.S. ofJustice’s Department vism by those reentering ourcommunities. vism by those lies, expensive tolies, thetaxpayer, andmay not marshal resources, and use evidence-based evidence-based anduse resources, marshal nation. To must effective, efforts be federal pattern ofincarceration isdisruptive to fami also focus on prevention focus and reentry…also . This eral criminal statutes remains necessary,eral criminalstatutes we cannot prosecute ourway prosecute cannot safer a to becoming strategies, to curb the disturbing rates ofrecidi rates to curbthedisturbing strategies, ofreducingrecidivism. thegoal Weserve must Ibid. [W]hile theaggressive enforcement offed [W]hile

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stablishing reentry initiatives to reentry lowerstablishing therisk • suing diversion and/or options alternatives • • 170 For risksofincarceration, thecriminogenic 169 Building a prosecutor’s office that supports reen office that supports Building a prosecutor’s Recruitment Processes Reentry intheHiringand B. Emphasize Recidivism and how theywould whenmak discretion exercise Candidates should also understand the importance theimportance understand shouldalso Candidates in their office who will oversee and be and in theirofficewhowillinvolved oversee in role lineprosecutor, to asenior moreover, sends imprisonment playsimprisonment in recidivism andpublic safety. regarding decisions potential ing initialscreening interview ofhiringcanfocus incharge ing. Those recidivism are important office priorities. officepriorities. recidivism are important porting reentry efforts to ensure thatcandidates efforts reentry porting both at the pretrial phase and at sentencing, to andatsentencing, atthepretrial phase both about system,aswell ones justice asmore specific their view and about broad asked questions be understanding of a prosecutor’s role in the criminal role inthecriminal ofaprosecutor’s understanding a signal to other line prosecutors that reentry and thatreentry a signaltolineprosecutors other also be made clear: that the prosecutor’s role doesn’t role doesn’t thatthe prosecutor’s madeclear: be also fitwithofficeculture. can Candidates are agood and commitmentto, recidivism reducing andsup questions on potential candidates’of, knowledge on potential questions of risk assessments at the pretrial release stage. In stage. In at the pretrial release of risk assessments thebroaderensure role thattheyunderstand risksofincarceration, ofthecriminogenic edge criminal cases. these initiatives. these coordinator to arecidivism designate andreentry the interview, onthebackendshould officepriorities recruitment andhir staff with begins efforts try similar priorities that focus onthefollowing goals: thatfocus similar priorities Subramanian, “Doing theRight Thing”(2014), at12.Subramanian, “Doing

Another change that prosecutors canmakeis thatprosecutors change Another See See prioritizing pr pur e Candidates can also be assessed ontheirknowl- assessed be canalso Candidates risk ofrevictimization. and of rearrest and recidivism,of rearrest aswell asthepublic’s to incarceration forlow-level, nonviolent crimes; serious cases; serious canadopt offices prosecutors’ State andlocal U.S. Attorney Toolkit, Reentry at2. osecutions that focus on the most onthemost thatfocus osecutions 169 Assigning thiscoordinating Assigning see Shames and Shames 170 - - - -

The Center on the Administration of Criminal Law 49 Staff should be Staff of the made aware research most recent criminogenic on the pretrial of effects and incarceration of using benefits the risk validated tools. assessment - - - - - ’s initiatives in support initiatives of reentry; ’s ortance of reentry the prosecutorial to safety; tion; and reentry issues. function; contac the imp the office links t the r The U.S. Attorney’s Office for the Southern Dis Attorney’s The U.S.

should include information on: spearheaded. See Appendix B for a list of offices that and Symposiumspoke Roundtable at the regarding through public statements and information on public statements and information on through information website their websites. In particular, trict one example of an office of Alabama provides messagingthat has broad about on its website its to keepto people of the system out when appropriate, office training, office as well other resources as reentry. on efforts to support reentry, including pro bono work pro including bono effortsto support reentry, external messagingchanging office culture, alerts other stakeholders—including and the the public defense office prioritiesbar—to and its on focus approach to reentry to approach and the reentry it has initiatives and measuring the number of people success who prosecutors should also assess qualitatively staff prosecutors also staff should assess qualitatively and reentry crime prevention, sup public safety, port. Prosecutors must these be promote willing to reforms to the media and the general public, both the media to and the general reforms public, in community prosecutionin community strategies, collabo and ration with reentry service providers. E. Publicize Reentry and Reentry E. Publicize Reforms Reduction Recidivism fully complete diversion or ATI programs. Finally, Finally, programs. or ATI diversion complete fully with reentry courts, visits prisons, to engagement While internal policy changes go a long way toward toward policyWhile internal changes go a long way • • andpublicelationship between recidivism • • • o outside resources forfurtherinforma t informationforstaff specializing in ------A thorough screeningA thorough that includes questions support view of the prosecutor’s a broad in role their through prosecutorsline who, reward should work This means recognizing line attorneys’ safety. should alsoshould encompass resources,community so supports innovative effortsto maximize public supports innovative safety reentry through initiatives. and Recidivism Reduction Reduction and Recidivism tion efforts. Offices culture promote a shift in can to staff involved in reentryreduc in recidivism and staff involved to the benefits of using validated risk assessmentvalidated the benefits of using tools that make the office’s commitment clear, as well well as commitment clear, that make the office’s the the prosecutors’ will allow to expanded role, tiatives for those their communities.tiatives to returning crime reduction and public safety. Merit policies crime reduction and public safety. can and should review their raisecan and should review and promotion criminogenic effects and incarceration of pretrial ommendations for the setting of bail. Staff training can be done in order to communicate a shift in a shift in can be communicate to done in order and office priorities that embrace anti-recidivism district to office assemble attorney’s a staff that end with a sentence to incarceration and that pros incarceration sentenceend with a to in reentry expectedecutors are ini be to involved and alternative to incarceration programs in their programs in incarceration to and alternative as localarea, as well reentry serviceso providers, inform their decisionsas to about interventions at the pretrial releaseat the pretrial stage and when making rec as part of their training materials that cover all all cover that partas materials training their of aspects roles. Staff should of line attorneys’ be as the use the of hypothetical situations that allow by valuing contributions beyond traditional met traditional beyond contributions valuing by policiesmetrics whether the determine used to in Reducing Recidivism in Reducing rics of convictions and/or trial victories. Offices rics and/or of convictions ing change in office culture: providing incentives incentives providing ing change in office culture: in individual cases.in individual made aware of the most research recent on the made aware reentry Prosecutors initiatives. can use this report interviewer to assess the candidate’s commitment assess to interviewer candidate’s the C. Train Staff on Best Practices Best Practices Staff on C. Train line prosecutors can become familiar with diversion D. Reward Staff for Reentry Efforts Staff for Reward D. Prosecutors have another tool powerful for promot Prosecutors have For current line prosecutors, current For additional training work, demonstrate a broad commitment to public work, commitment to demonstrate a broad 50 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry reduction. and recidivism of crimeprevention model dence-based and toward- anevi crime”on approach superficial “tough a from role—away the prosecutor’s narrative about can change the The office leader The Prosecutor As public figures and respected members ofthe members and publicfigures respected As vision of the prosecutor’s role inreentry.vision oftheprosecutor’s Theoffice Justice,” E. asAppendix attached who released “The Top Ten “The who released Transforming List: 171 Dan Satterberg, King County Prosecuting Attorney, Prosecuting KingCounty 171 DanSatterberg, “The King County Prosecuting Attorney Dan Satterberg, Attorney Dan Satterberg, Prosecuting King County with the are community leaders Prosecutors P R IV PART A. VocalizeA. anExpanded Vision Top Ten List—Transforming CriminalJusticeinto Community leader can change thenarrative canchange - leader thepros about Criminal Justice into Community Justice,”Criminal Justiceinto Community which roles moreroles broadly that presume our point and not of“toughincarceration. oncrime” Instead rhetoric ofcrimepreventionmodel andrecidivism reduc reach: asthoughtleader, aseducator, asconvener, coversnal reform. justice four roles This section policies, vocalize office support for an expanded foranexpanded officesupport vocalize policies, officeinitiatives.power to set Tothisend,they theimpor andemphasize platform to publicize path by implementing changes within theirown path by implementingchanges arrest orthefilingofcharges.”arrest and asadvocate. of theProsecutor’s Role inReentry outlines hisoffice’soutlines attheir “look commitment to emphasize results oncrime.emphasize crime” approach andtoward anevidence-based role—awayecutor’s “tough from on asuperficial and internal external messaging can, through both community,criminal justice have prosecutors a offices, and also by advocating for broader changes by andalso advocating for broader changes offices, can “push system alongthis thecriminaljustice with an inbegins promotingof engagement justice that is not supported by facts, prosecutors can prosecutors by facts, supported that isnot involved thejustice to support astheyreenter can playthe prosecutor such out in performing initiatives ofcrimi asakeypart tance ofreentry can themselves be criminogenic, andthatfailure be can themselves ofincarceration thatperiods tion thatrecognizes society can lead to new crime, rearrests, andre- to newcrime, canlead rearrests, society as Thought Leader One example of such messaging comes from comes One example of such messaging

171 Prosecutors, hesays, Prosecutors, - - - -

Attorney Supports Reentry Initiatives” Reentry Attorney CyrusVance, Supports Jr. inter - will consider reentry in all phases ofthecriminal inallphases will considerreentry the office because release upon forgotten be will not 174 Manhattan’s “Community Prosecution: New District 173 172 Innovation, hisviewoftheprosecu hevocalized provide apower foraction His ten suggestions ful statement from the prosecutor’s perspective perspective ful statement from theprosecutor’s 23, 2010, available transcript podcast athttp://www.courtinnova view with Robert V.view withRobert Wolf, Innovation, February forCourt Center in our local communities and state legislatures.” communities in our local incarceration, reentry. aswell astheirsuccessful theconditionsof is committedto about learning commitmentto thepeople aprosecutor’s manifests recidivism. So, to to whichourofficecan thedegree public whattheoffice’s are, perme priorities they justice process. process. justice juvenile detention center. tangibly Visitingprisons became the first person in that office to visit Loui inthatoffice tovisit person thefirst became ultimately…is reducing crimeandpublic about all&page=5. are successful with people in reentry programs, inreentry withpeople are successful supports. and social ate office culture, and ensure that line prosecutors reentry-initiatives-0?url=research%2F5%2Fall&mode=5&type= to Court’s theHarlemParole Reentry graduating class. In an interview with the Center for Court for Court with the Center In an interview class. hisoffice’semphasized by dedicationreentry to tor’s role in reentry: “I mean the job ofaprosecutor, thejob “Imean role inreentry: tor’s tion, butthrough early intervention, prevention, itsthat hisofficeviewsrole seek public broadly to the office has prosecuted, lettingthemknow they the officehas prosecuted, onreducingthat obviouslyimpact hasadirect tion.org/research/manhattans-new-district-attorney-supports- safety. Andthat’s ourresponsibility, andwhenwe thantwo monthsafter less takingoffice, speaking, siana’s aswell asthelocal prison infamousAngola we crime.” efforts, reduce those support safety not just through just convictions not andincarcerasafety Ibid. Ibid. Manhattan District Attorney District CyrusVanceManhattan Jr. Efforts like these not only not makeclear to the likethese Efforts Similarly, formerU.S. Attorney Kenneth Polite 173

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The Center on the Administration of Criminal Law 51 help. What I do can help. from it saying ‘even ‘even from it saying ing individual?’” ing individual?’” - return the help to this simulation simulation this People walk away away People walk now I understand we could through could through we trying to I’m when and it has really and it has really And I can’t. do well, to willing and I’m changed minds. minds. changed “We’ve put everybody put “We’ve - - - - For example, in one “Life Scenario,” “James” “James” one “Life Scenario,” in example, For The simulation had an impact on its participants, savings they had on hand. they had on savings and GED, a prison, in served years received twenty to make sure they had checked make sure in at all required to of meeting conditions the burdens tion and funds to supervisionof appointmentsrequiredmultiple that faith-based com the DMV, the community from changed this simulation and it has really through tions required James to purchase transportation to James tions required for each boothtickets for $1 and sufficient visited covered the first four weeks after reentry. Roving Roving reentry. weeks the first after four covered and I’m willing to help. What can I do to help the What can I do to help. willing to and I’m appointments report and his required career center budget, as well as to submit to drug testing, to submit as to budget, as well attend personal and food items limited on an extremely police officers reviewed participants’ life cards police participants’ cards life reviewed officers places and, if not, they risked being jail. taken to probation, and personal and itemized probation, and were items returning individual?’”returning report once each probation week. to The simulation unfamiliar with the difficulties of whom were many is one of the greatest tools change he has found to minds. “Thisseentoolwe’ve is such an effective that had people in We’ve it under these circumstances.’ city council members all participate in the munity, put everybody could we reentry simulation. We’ve when ‘even it saying from away minds. People walk needed accomplish in a certain to amount of time. seeking to General full-time employment. instruc had only a socialhad only security He for identification. card in savings house and had $100 in a halfway lived sheetcheck-off a court-ordered for his given he was facing those lack of transporta reentering—from the simulation Brown, Kenyen Attorney U.S. former think I could make I don’t ‘gosh, federaljudges say, from his time in prison.from His expenses for treatment, I’m trying to do well, I can’t. And I understand now can’t. I trying do well, to I’m with a variety of serviceswith a variety and agencies. to According weekly counseling sessions weekly meetings,AA and and Their employment status was noted, as well as any as any noted, well as status was Their employment - - - - -

176 —and the simulation includes 175 To set up the simulation, the office established To Ibid. social services, and a bank. Each participant was tion office, a “quick loan and pawn shop,” agen pawn shop,” “quick loan and a tion office, going jail” back to donate twice per earndonate to $25/visit), week the proba cies overseeing utilities, rent, and transportation, conditions of supervision, including a career center, conditions of supervision, including a career center, counseling/treatment the courtchurch, provider, overcome when they reenter the community, as as the community, reenter when they overcome other stakeholders better understand the chal release (February 26, 2016), https://www.justice.gov/usao-sdal/ release 26, (February pr/reentry-simulation-set-mobile-and-state-house. about case their history reentry the and they tasks a plasma donation center (where participants (where coulda plasma donation center a mocka goal reentry The the of jail. to is simulation as part of the simulation, with information about to meet or risk actual ex-offenders returning have barriers and obstacles that can impede successful booths representing all the places someone reenter provide thoseprovide who impact of reentering the lives personal factors the them during applied that to process. Those were simulation the undergoing part of its Project H.O.P.E. Reentry initiative the the Reentry initiative partof its Project H.O.P.E. processes that people society reentering who are issued a name and given a packet of information a packet of information issued a name and given ing might need to visit in order to checkrequireding might need to off visit in order to in life until you walk in their shoes.” walk in life until you individuals with a firsthand with individuals look at the unnecessary reentry stakeholders. Participants assumed new identities as people released recently prison from meet “to the strictrequired life requirements that inal justice system are unaware of the complex of the complex unaware inal justice are system efforthelp an to In must upon face return. their reentry. As Mobile Mayor Sandy Stimpson Sandy stated, As Mobile Mayor reentry. Often, policymakersOften, and other actors in the crim- lenges people incarcerated that formerly must house, a medical clinic, an employer, an ID station,ID an employer, an medicala house, clinic, B. Educate Other Criminal Justice Other Criminal B. Educate Process Reentry for public officials, including judges including officials, public for andother Actors About the Realities of the of the the Realities About Actors U.S. Attorney’s Office for the District Southern Attorney’s of U.S. 175 U.S. Attorney’s Office for the Southern District Attorney’s of Alabama, U.S. 175 176 Alabama held a Reentry Simulation event in 2016 Alabama held a Reentry Simulation event “Reentry Simulation Set for Mobile and State House,” press “Reentry Simulation Set for Mobile House,” and State “You never truly know the challenges know truly others never face “You 52 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry solutions. to collaborate on and information, to share data and reduction strategies, to crime reentry the of importance table to learn about actors to the same to bring disparate has the opportunity prosecutor’s office As convener, the • • • • • • • The Project H.O.P.E. To download start-up materials fortheproject, The prosecutor is uniquely situated as a member isuniquely situatedasamember The prosecutor Partners Together Reentry Simulation have andthislackofshared infor worked insilos, has the opportunity to to bringdisparate actors has theopportunity serve to to in efforts has led a lackof coordination C. UsetheProsecutor’s Power reentry to crime reduction strategies, to share data strategies, to crime reduction reentry resources, mation, as well for scarce as competition work thelives touches many whose system actors stay issues at the forefront reentry of conversa andrecidivism. related Usingthispower to reentry For details on the Project H.O.P.E. Reentry Simula Initiative page. posia, organizing conferences and summits, and andsummits, organizingconferences posia, For news coverage oftheevent, and information,to onsolutions. collaborate as convener, canensure that offices prosecutors’ tion, including packets and instructions for creating a of those impacted bysystem thecriminaljustice impacted of those of the criminal justice system withtheinfluence system of thecriminaljustice the same table to learn about the importance of the importance table tothe same about learn convener, As this population. office the prosecutor’s reform criminaljustice by holdingsym tions about broad issues toto discuss unite disparate partners as Convener to BringReentry spearheading reentry task forces. For too long, the the For taskforces. long, too reentry spearheading click here. ern DistrictofAlabama’s similar simulationinyour jurisdiction,visittheSouth

state-, city-, and county-level agencies involved city-,andcounty-level agencies state-, elected officials and community leaders; officialsandcommunity elected levels atother ofgovernments; prosecutors counsel; defense officials; probation andcorrections pretrial services; the judiciary; in health and human services, housing, educa housing, andhumanservices, in health and other issues affecting reentry; reentry; affecting issues and other tion, workforce development, transportation, Stakeholders to include in such efforts include: to includeinsuchefforts Stakeholders Project H.O.P.E. Reentry clickhere. ------

“portals of entry” “where released individuals released could “where of entry” “portals • • • • • The Prosecutor asConvener Area sheriffs worked with other agencies to create Area sheriffs other agencies with worked vices andtreatmentproviders.”vices would move preparing forthe to prerelease begin Middle District of Florida, for example,Middle District the “was 178 178 U.S.177 Attorney Toolkit, Reentry at9. launch pad for the groundbreaking, institutional institutional launch padforthegroundbreaking, reentry process. reentry nerships and solutions. A 2006 three-day reentry reentry A2006three-day andsolutions. nerships surroundingnities reentry, shared and goals set reentry reforms thathave reentry takenplaceinthedistrict States Attorneys’ Officesatpages 7–9 your forideas In response ofJustice’s to theDepartment focus on priorities, and form the true partnerships needed needed and form thetrue partnerships priorities, assistance, andawidevarietyassistance, ofcommunityser to hold reentry summitsandformreentry networks web page. initiative, visitingtheJusticeCenter oftheCouncil certain correctional facilities in the district into inthedistrict facilities correctional certain to them. meet get access to government services, transportation transportation to government access services, get to housing workand employment needs. on reentry in the original summit partnered that participated time serving wheretransitional institutions, those reentry, several U.S. Attorneys’ offices ledinitiatives and coalitions. summit sponsored by theU.S.summit sponsored Attorney forthe andopportu namethechallenges stakeholders since thattime,” includingthereconfiguring of of State Governments “ office canimplement.

Ibid. formerly incarcerate and academics; spe public policy victims’ advocates; representatives from nonprofit reentry Only by sitting together at the same tablecan Only atthesame by sittingtogether For astep-by-step guide to startingareentry Such convenings to long-term canlead part service providers; service See 177 Two faith-based organizations faith-based Two the cialists; Starting aReentry Initiative

Reentry Toolkit for United d individuals. 178

” - - - The Center on the Administration of Criminal Law 53 - - safer, more vibrant places more live. to safer, safety in the long run by changing the trajectory the changing by run long the safety in and Maximize Public Safety Public and Maximize testimony about issues testimony the following to in order tice system, prosecutors have the opportunitytice system, prosecutors to have ally return to, making America’s cities and towns making America’s to, return ally use as advocates their influence justice for criminal based seen policies in and practices, have as we prosecute and in the communities they will eventu many sections public many improve of this report, to work reform issues at all governmental levels. Evidence- issues levels. reform at all governmental D. Advocate for Evidence-Based for Evidence-Based Advocate D. That and Legislation Policies Reentry Outcomes, Improve Crime, Reduce foment real change in the lives of the peoplefoment real change in the lives they for many justice-involved people upon reentry. people justice-involved uponfor many reentry. Prosecutors speak, can write, and offer legislative As elected officials and leaders in the criminal jus Putting It All Together: One Office’s Comprehensive Approach to Reentry Under the leadership of former U.S. Attorney Kenyen Brown, the U.S. Attorney’s Office for the Southern District of Alabama’s comprehensive Project H.O.P.E. (Helping Offenders Pursue Excellence) Re-Entry Initiative offers a model for other prosecutors’ offices to follow.

The office’s wide-ranging initiative prioritizes long-term public safety through innovative reentry and anti-recidivism measures at the front and back end of the criminal justice process, as well as through outreach and education to stakeholders and the general public. Project H.O.P.E.’s mission “is to address the needs of re-entering ex-offenders in order to make their transition back into mainstream society a success” by, in part, assisting them with housing, educational, and employment needs. Emphasizing the need to support reentry in order to reduce recidivism and its societal and taxpayer costs, the office notes:

Just in the Southern District of Alabama alone, in the federal system, between the years of 2008-2010, 328 ex-offenders were revoked for violating the terms of their supervised release and sent back to prison. The cost to the American taxpayer to incarcerate those 328 ex-offenders over a three year period amounted to $9.2 million annually. If these same 328 ex-offenders had been successful on supervised release it would have only cost the American taxpayer roughly $1.3 million. Project H.O.P.E. is a restorative initiative with the aim of giving ex-offenders a chance to become good citizens while simultaneously affording the greater community with the opportunity to enjoy safer neighborhoods in which to live and a lesser tax burden.

Some of the resources offered by the office include:

Employer Incentive the many steps they must The Reentry Simulation game Programs incentivize employ- navigate on the way to suc- starter packet includes all the ers to hire ex-offenders, cessful reentry. There’s an materials necessary for any greatly increasing their Employment Information prosecutor’s office to conduct chances to successfully Handbook for Ex-Offenders, a reentry simulation game to reintegrate back into society a Local Area Quick Reference give criminal justice stakehold- and avoid returning to prison. Guide (see Appendix D2), ers and members of the public Resources include a Letter a guide to Voting Rights a firsthand experience of the from the U.S. Attorney to Restoration (see Appendix obstacles ex-offenders must Employers (see Appendix D4) D6), and materials on résumé overcome to successfully rein- touting the benefits of hiring writing and job readiness (see tegrate into their communities. those with criminal histories, Appendix D3). Local reentry The packet includes a step- as well as information on resources are compiled in an by-step guide to setting up the no-cost fidelity bonding, tax interactive online map and simulation, booth instructions, credits, and other incentives guide that includes trans- life scenarios for participants, available to employers that portation routes and Wi-Fi facilitator information, money do so. hotspots. For more informa- and transportation ticket tion on the reentry guide, see templates, and an evaluation Resources for Ex-Offenders page 40. sheet. For more information include a number of links, about the office’s reentry simu- handbooks, and guides to lation, see pages 51 and 52. Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry Role the Prosecutor’s Reimagining Disrupting the Cycle: help ease their way through 54 to Reentry to Reentry One Office’s Comprehensive Approach Putting ItAllTogether:

In additionto thematerials onitsProject H.O.P.E. website, the office hasimplemented numerous otherbest practices to foster successful reentry including: andreduce recidivism, writing techniques, andrésumé skills,interview on soft that include training Holding jobworkshops are reentering month withthosewho ing several timeseach encouragement by talk provide supportand munity volunteers to program withcom- Starting amentorship incarceration support arrears to due traffic finesandchild relief from augmented ex-offenders seeking lawyers’ program to help Creating avolunteer - ex-offenders and mentorship for cation preparation, assistance, jobappli- services, transportation to provide counseling, based organizations Partnering withfaith- try council holders to sitonareen- Inviting reentry stake- incarceration periods of during ance ontraffic matters issued fornonappear prevent warrants being court administrators to Coordinating with -

and AppendixD4 the jobfair, seepage 40 For more informationon Chamber ofCommerce. junction withthearea offender jobfairincon- Sponsoring anex- incarcerated individuals prisons to share with community to take into guide forthefaith-based Creating aresource

55 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry 56 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry Appendices The Center on the Administration of Criminal Law 57

6 Recidivism Recidivism - (Wash

8 9

7 Ibid. Ibid. ington, DC: U.S. Sentencing Commission), 5, http://www.ussc. DC:ington, U.S. study found that nearly half of thosestudy found that nearly released rearrested were in 2005, aboutin 2005, two-thirds of those released arrested were those, almost with one-quarter reconvicted, one-third were Bureau of Justice Statistics of Justice Bureau 2014, April 22, 2010—Update,” to Prisoners 2005 Released from Patterns in 30 States in 2005: publications/2016/recidivism_overview.pdf. for a new crime or violation of supervision conditions and, of Sentencing Commission. (2016). re-incarcerated. U.S. detained pretrial increases, so does increases, detained pretrial for a new crime within three years, and three-quarters years, for a new crime within three days, low-risk defendants are nearly nearly are defendants low-risk days, defen- situated crimes than similarly than no more held dants who are 8 gov/sites/default/files/pdf/research-and-publications/research- are rearrested within a year of release, of release, year within a rearrested are re-incarcerated half are and about content/uploads/2014/02/LJAF_Report_hidden-costs_FNL.pdf. were arrested within five years), https://www.bjs.gov/index. arrested within five were cfm?ty=pbdetail&iid=4986. In the federal system, an eight-year In the federal system, an eight-year cfm?ty=pbdetail&iid=4986. no more than twenty-four hours than twenty-four no more (among individuals released prisons state (among individuals from in 30 states low-risk defendants are 51 percent more more 51 percent defendants are low-risk two commit a new crime within to likely held who are defendants situated larly 9 As the length of time an individual of time As the length is at both of recidivism their likelihood months and twenty-four twelve twenty-four hours twenty-four 7 Lowenkamp, C., VanNostrand, M., and Holsinger, A. (2013). M., and Holsinger, C., VanNostrand, 7 Lowenkamp, 6 Durose, M., Cooper, A., and Snyder, H., “Recidivism of of H., “Recidivism 6 Durose, A., M., Cooper, and Snyder, (New York, NY: Laura and NY: CostsThe Hidden of Pretrial Detention York, (New John Arnold Foundation, http://www.arnoldfoundation.org/wp- Arnold Foundation, John When held for eight to fourteen days, days, fourteen for eight to When held When held for only two to three three two to for only When held 40 percent more likely to commit new to likely more 40 percent years after case disposition than simi- case disposition after years Among Federal Offenders: A Comprehensive Offenders: A OverviewComprehensive Federal Among Two-thirds of people in state prisons prisons in state people of Two-thirds - See

3 World World

4 Friedman, See also Friedman,

1 James, N. (2015).Reentry: Offender Correctional Statistics, N. James, States: Inmates returning to the community after serving the community after States: to Inmates returning time in prison,” https://www.bjs.gov/content/reentry/reentry.cfm. https://www.bjs.gov/content/reentry/reentry.cfm. in prison,” ton, DC:ton, Congressional Research Service), 4, https://fas.org/sgp/ Reintegration into the Community, and Recidivism (Washing and Recidivism the Community, into Reintegration Pie 2017,” March 14, 2017, Prison Policy Initiative , https://www. 2017, March 14, Pie 2017,” 5 Hughes, T. and Wilson, D., “Reentry Trends in the United “Reentry in the United Trends and Wilson, D., 5 Hughes, T. Poverty-and-Opportunity-Profile.pdf. united-states-america. facilities and return correctional prisonpolicy.org/reports/pie2017.html. criminal record as College Diplomas,” Brennan Center for Justice, November November Center for Justice, Brennan as College Diplomas,” americans-have-criminal-records-college-diplomas. gov/content/pub/pdf/jim14.pdf. M., “Just Facts: As Many Americans Have Criminal Records Criminal Records Americans Have As Facts: Many M., “Just 3 Wagner, P. and Rabuy, B., “Mass Incarceration: The Whole The Whole Incarceration: B., “Mass and Rabuy, P. 3 Wagner, crs/misc/RL34287.pdf. content/uploads/2015/11/Americans-with-Criminal-Records- Prison States of America” Brief data: United 2 “World (Washington, DC: Statistics), of Justice Bureau https://www.bjs. (Washington, One in three adults has a One in three incarcerated eventually leave leave eventually incarcerated Key Statistics on Statistics Key Incarceration and Recidivism and Incarceration (prison population rate in U.S. as of 2015 was as of 2015 was Prison Brief (prison population in U.S. rate Sentencing Project, http://www.sentencingproject.org/wp- APPENDIX AAPPENDIX America’s jails each year America’s to their communities to Americans are incarcerated Americans are the United States on any given day given on any States the United 666 per 100,000), http://www.prisonstudies.org/country/ 666 per 100,000), Eleven million people cycle through through cycle million people Eleven Ninety-five percent of those percent Ninety-five Nearly 700 out of every 100,000 100,000 of every out 700 Nearly also 17, 2015, https://www.brennancenter.org/blog/just-facts-many- 17, 1 “Americans with Criminal Records,” Half in Ten and The Half in Ten with Criminal Records,” 1 “Americans 4 Minton, T. and Zeng, Z. T. 4 Minton, (2015). Inmates at Midyear 2014 Jail Two million people are incarcerated in incarcerated are million people Two 58 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry Two-thirds ofcountyjailpopulationsare 487,000 unconvicted people are held in Jails%20at%20a%20Crossroads_8.10.15.pdf. , August 13, 2015 (inNewMagazine, August 2015 13, York City, only oneinten 10 10 12 Ortiz, N. Ortiz, 12 Jails (Washington, ataCrossroads County (2015). 13 Gupta, A., Hansman,C.,andFrenchman, (2016). E. A., Gupta, 13 InJail, “Prisons: ButNot (2013). A. R.andCannon, 11 Aborn, Imposition ofcashbailcauses a12per Many defendants cannotmake the nation’s prisons,representing 21.5

Examining the Costs and Consequences ofChargingforJustice theandConsequences Examining Costs Heavy fromJudge of HighEvidence Bail: Randomization Costs On any given day intheUnited States, (in New study, Orleans ofallfelony were one-third defendants percent ofthetotal prisonpopulation pretrial solely detention due to population islow risk pretrial, andthemajorityofthispretrial defendants isabletodefendants pay bailatarraignment;even when quarterly.org/aborn-prisons. org/sites/default/files/documents/Final%20paper_County%20 www.nytimes.com/2015/08/16/magazine/the-bail-trap.html; www.columbia.edu/~cjh2182/GuptaHansmanFrenchman.pdf. and a6to 9percent riseinrecidivism in New Orleans (New York, NY: Vera InstituteofJustice),7–8 age.googleapis.com/vera-web-assets/downloads/Publications/ and Laisne,M.,Wool, J, C.(2017). andHenrichson, Columbia Law WorkingColumbia andEconomics No. Paper http:// 531, past-due-costs-consequences-charging-for-justice-new-orleans/ are heard—wereminor offenses similarly held),https://stor cent riseinthelikelihood ofconviction, economic hardship even low resulting amountsofbail, in DC: National Association of Counties), 5-6, ofCounties), http://www.naco. National Association DC: legacy_downloads/past-due-costs-consequences-charging-for- post theycouldnot because held forthedurationoftheircases justice-new-orleans.pdf. more defendants—where ofmunicipalcourt bail, andone-fifth can pay percent only 15 at$500orless, it),https://bail isset Sentenced,” See,

e.g ., Pinto, Trap,” N., Bail “The TheNew York Times Americas Quarterly, table1,http://www.americas 10

Past Due:Past The

- 13 11 -

. - The Center on the Administration of Criminal Law 59 - adminofcriminallaw http://www.apainc.org/programs/ public-safety-assessment/ http://www.courtinnovation.org/ research/reentry-court-tool-kit https://csgjusticecenter.org/nrrc http://www.law.nyu.edu/centers/ http://www.arnoldfoundation.org/initia 18th Floor 520 8th Avenue, Other Resources: of Law School NYU Criminal Law, tive/criminal-justice/crime-prevention/ New York, New York 10018 New York New York, 10007 New York New York, New York, New York 10012 New York New York, Foundation and John Arnold Laura 77056-8809 Texas Houston, 22 Cortlandt Street, Floor 22 Floor 22 Cortlandt Street, 2800 Post Oak Boulevard, Suite 225 Suite Oak Boulevard, 2800 Post (202) 861-2480 (646) 386-3100 (212) 482-2320 (713) 554-1349 Washington, DC 20036 Washington, Justice Center 11 DuPont Circle NW, Suite 240 Suite NW, Circle 11 DuPont 139 MacDougal Street, Room 307 Room Street, MacDougal 139 The Center for Court Innovation for Court The Center Governments The Council of State Attorneys The Association of Prosecuting The Center on the Administration of on the Administration The Center

330 West Broadway 330 West Organizations with Organizations Sampling ofSampling https://phillyda.wordpress.com/ https://www.justice.gov/usao-edla/ programs https://www.justice.gov/usao-sdal/ programs/ex-offender-re-entry-initiative https://www.justice.gov/usao-ndal/ reentry http://www.sdcda.org/office/sb618/ Office of the District Attorney, Attorney, Office of the District City of Philadelphia index.html Reentry Resources Reentry San Diego County San Diego Southern District of Alabama San Diego, California 92101 San Diego, APPENDIX BAPPENDIX District Attorney’s Office District Attorney’s Hall of Justice Philadelphia, Pennsylvania 19107-3499 Philadelphia, Pennsylvania United States Attorney’s Office, Attorney’s States United District of Louisiana Eastern Louisiana 70130 New Orleans, United States Attorney’s Office, Attorney’s States United Alabama 36602 Mobile, United States Attorney’s Office, Attorney’s States United Northern District of Alabama Birmingham, Alabama 35203 (215) 686-8000 (504) 680-3000 (251) 441-5845 (205) 244-2001 (619) 531-4040 650 Poydras Street, Suite 1600 Suite Street, 650 Poydras 63 South Royal Street, Suite 600 Suite Street, 63 South Royal 1801 4th Avenue North 1801 4th Avenue Three South Penn Square South Penn Three 60 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry what isappropriate given thefacts for pretrial diversion Experienced prosecutors should APPENDIX C APPENDIX C Supervisors should review criminal Supervisors should consult office individual isan appropriateindividual candidate the information obtainedduring review criminalcomplaintsorshould pretrial riskassessmentphase,and policies regarding diversion programs, Screening Tool Sample CaseIntake always considerwhetheragiven and circumstances only whatcanbeproved, andcharging complaints withaneye toward charging case screening process supervise newerprosecutors during

What isthedefendant’s individual What are thesurrounding circumstances What isthenature oftheoffense? What informationdoesthePretrial Risk What supportservicesexist thatcould for diversion? Is there alikelihood thataddictionor Does theoffenseinvolveDoes violence? Has theoffensebeenprioritized Does thedefendantmeetany eligibility Does Assessment tool (if any)Assessment tool show? (if Key Questions to Ask mental health issuescontributedmental health to the background andhistory? help treat thedefendant’s underlying addiction or mental health issues? addiction ormentalhealth of theoffense? defendant’s criminalconduct? diversion programs? criteria forexisting pretrial orposttrial The Center on the Administration of Criminal Law 61

and Eastern District ofand Eastern Southern District of Alabama District of Southern Guidance Memorandum and Form Louisiana Reentry Initiative Materials: Initiative Reentry Subcommittee Responsibilities Subcommittee APPENDIX DAPPENDIX D6. Voting Rights Restoration Rights Restoration Voting D6. Materials in this Appendix:Materials Résumé Your Building A Guide to D1. Quick Local Area D2. Ex-Offender Guide Reference Quick D3. Job Readiness Guide Reference to Attorney D4. U.S. from Letter Ex-Offender re: Employers Council HOPE Reentry D5. Project Job Fair Recruitment Job Fair 62 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Center on the Administration of Criminal Law 63 64 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Center on the Administration of Criminal Law 65 66 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Center on the Administration of Criminal Law 67 68 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Center on the Administration of Criminal Law 69 70 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Center on the Administration of Criminal Law 71 72 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry Information in this catalog is provided by a partnership The United States Attorney’s Office, Southern District The CityofMobile Weed and Seed, Donna Hawkins Mitchell, Director Kenyen Brown, U.S. Attorney of thefollowing agencies: Samuel L. Jones, Mayor The City of Mobile The CityofMobile The Center on the Administration of Criminal Law 73

City of Mobile Sam Jones , Mayor “As you journey back to the mainstream community, you can expect changes that did not exist in your neighborhood and past. the in society a been has transfor- Technology mative change in this decade “Ex-offenders, it’s like Ben Frank- “Ex-offenders, it’s Constitution only lin said, ‘The guarantees the right to pursue you have tohappiness, it catch a The power to make yourself.’ rests in new beginning positive Take and heart. hands, head your advantage re- of the tremendous to you and make sources available every effort to grab hold of the

American dream.” Kenyen Brown, U.S. Attorney Southern District demanding level of skills and training for all a higher desire workers. It to see you conquer sincerest is our the and a zest changes with a committed spirit that will enhance the fiber of your life and this community. andcity’s Weed and Seed Program U. S. Attorney Ken- yen Brown, that I am pleased to provide you with this It is through changes that these along with the I, your reen- aid in comprehensive guide that will hopefully try journey. success as your start your journey, and feel free to utilize that have programs designed agencies the of services the wishes for know warmest extend I my Please that to help you.” 74 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry H Mission ofHope,TheBridge Drug EducationCouncil, Serenity Care,Wingsof Life, u W W W Social Services,Mobile Community Action Salvation Army, WaterfrontMission, ElijahHouse,Catholic Mobile andPrichardHousingBoard, HomelessCoalition, W Mobile PersonnelBoard,WeedandSeed Center, Workforce DevelopmentCenterAlabamaCareer p Community Action MentalHealth,AltaPointe,Mobile Center, Mobile MobileAIDSServices/South AL.Cares,HESavage VictoryHealthMobile HealthDepartment, Care/Dentist, r e FREQUENTLY QUESTIONS ASKED e n o l h h h h r i a w n m e e e e p s c r r r r s a e e e e u e a n c c d c r e ? n e a a a o d

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t i e e e e e e f r r r r r d ? i w g h t e e e e e p p n w r t l l i h h h h h r o e e e s o C DHR,/Child Support Division W f h h Mobile Helpline H Legal Aid of Alabama, Mobile Community Action Legal Aid of Alabama, Mobile W Public Library, Mobile Weed and Seed, Mobile Works W Public Health Department W Driver License Commission Office Driver License Commission Office W u

4 76 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry W Alabama CareerCenter c CommunityCollege Bishop State andGirlsClub,YMCA, Mobile WeedandSeed,Boys W W ofSouthwestAlabama Serenity Care,UnitedWay munity Action & LoavesCentralPresbyter Nutrition DHR/Supplemental c j o W a l a b h h h r h s r e e e e s e e e r r r e r e e e l r e a s s c c c c t t e e a a a o a d a n n n h n i r I I I c I s e b f t h s f l i a p a u n e i n k m e d c n d e s o c d e m e ? m n l o t

m e y t o e h G b e p w e r o g l E s a n i e f s D f d e n r s t e e ? t c e e ian Church,MobileCom- d y

h s t f Assistance Program,Fish , e a t o o G a h o n n d E d e d a f D l e p i s n t m n s d e r i h s s e o t t b l ? e a l f

l n e p o c g w r e f i n ? i r t m e

h e o y

t h e r

The Center on the Administration of Criminal Law 77

Y R O T

C E R I D S

R E

D I V O R

C I V R E S Boys & Girls of South Alabama Club (251) 432-1235 Fax (251) 432-1231 432-1231 Fax (251) (251) 432-1235 www.bgcsouthal.org 712 Rice St. St. Rice 712 Mobile, AL 36617 (251) 546-6324 (251) 546-6324 The Bridge 1874 Pleasant Ave. Mobile, AL 36617 (251) 438-2571 Fax (251) 436-7902 (251) Fax (251) 438-2571 (251) 662-5400 Bishop State Community College State Community Bishop (251) 342-3280 (251) 342-3280 (Access-to-Care) (251) 450-2211 (Main Number) (251) 473-4423 Fax (251) 666-7537 www.altapointe.org Airport Blvd. Church Airport Blvd. Church 414 Stanton Rd. Rd. Stanton 414 Mobile, AL 36617 AltaPointe SystemsHealth Dr. Montlimar 1110 Mobile, AL 36609 American Red Cross, Alabama Gulf Coast 35 N Sage Ave. Mobile, AL 36607 6301 Airport Blvd. Blvd. 6301 Airport Mobile, AL 36608

6 78 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry DHR/Supplemental Nutrition AssistanceProgram DHR/Supplemental Nutrition Mobile, AL 36602 AL36602 Mobile, 555 Dauphin St. Catholic Social Services Mobile, AL 36606 AL36606 Mobile, 501 Bel Air Blvd. DHR/Child SupportDivision AL36610 Mobile, SBessemerAve. 1075 (251) 450-1700(251) (251) 457-1232 (251) 405-4000 (251) 434-1500 fx(251) 434-1509 Service Center (251) 434-1550 x(251) 434-1549 (251) 660-2330(251) www.drugeducation.org (251) 478-7855 Fax(251) 478-865 33606 Mobile, Alabama 3000 Television Ave. Drug EducationCouncil www.dps.state.al.us Eight Mile, AL 36613 Rd. Stephens Saint 4555 AL36693 Mobile, 3400 Demetropolis Rd. www.victoryhealth.org (251) 460-0999 Fax(251) 460-0919 Mobile, AL36609 3750 Professional Pkwy. E Driver LicenseCommissionOffice l i j a h H o u s e 4

0 1

Victory Health Partners Partners Victory Health

The Center on the Administration of Criminal Law 79

(251) 694-1801 (251) 694-1801 H E Savage Center St. 553 Dauphin Mobile, AL 36602 Legal Services Alabama St. , Ste. 2104 107 St. Francis Mobile, Alabama 36602 (251) 433-6560 Helpline (251) 431-5111 Homeless Housing First Coalition Rd. 2900 Old Shell Mobile, AL 36607 450-3348 Fax (251) (251) 450-3345 www.housingfirst-al.org Fish & Loaves Central Presbyterian Church Fish & Loaves Central St. 15 N Joachim Mobile, AL 36602 (251) 432-7227 Franklin Primary Health Center Ave. Jr. Martin L King 1303 Dr Mobile, AL 36603 434-818 (251) Fax (251) 434-8177

8 80 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry www.lifelinesmobile.org (251) 602-0909 Fax(251) 660-2831 Mobile, Alabama36609 705 OakCircle Drive East Lifelines FamilyCounselingCenter (251) 434-2200 /(251)456-3324 Mobile, AL36610 Board Mobile/Prichard Housing (251) 470-7727 Mobile, AL36606 1809 Government St. Mobile PersonnelBoard www.mcamobile.org (251) 457-5700 Fax(251) 457-5721 Mobile, AL36617 461 DonaldSt. Mobile CommunityAction www.vlpmobile.org (251) 438-1102 Mobile, AL36602 107 SaintFrancis St. Lawyers Program Mobile BarAssociationVolunteer 649-0830(251) Mobile, AL36608 14970 MissionRd. Mission ofHope 2002 BallAve.

The Center on the Administration of Criminal Law 81

Serenity Care 1951 Rd. Dawes Mobile, AL 36695 639-9561 Fax (251) (251) 635-1942 Mobile Works Mobile Works Plaza Ct. 515 Springhill Mobile, AL 36608 (251) 432-0909 Mobile Weed & Seed Mobile Weed & Rd. 2318-B St. Stephens Mobile, AL 36617 452-8732 fax (251) (251) 208-1936 Public Health Department , Mobile Co. Public Health Department , Mobile 251 N Bayou St. Mobile, AL 36603 (251) 690-8150 Public Library , Mobile Public Library 601 Rd. Stanton Mobile, AL 36617 (251) 438-7075 (251) 208-7860/ The Salvation Army St. 1023 Dauphin Mobile, AL 36604 438-1378 Fax (251) (251) 438-1625 www.salvationarmymobile.org

0 1 82 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry (251) 438-1163 Mobile, AL36602 101 NWater St. YMCA (251) 461-4146 Mobile, AL36606 605 BelAir Blvd. Center ALCareer Workforce Development 432-5245(251) Mobile, AL36602 800 SaintLouis St. Wings ofLife 433-1847(251) Mobile, AL36607 Moffett3404 Rd. Mission Waterfront www.southalabamacares.org (251) 471-5277 Fax4(251) 71-5294 Mobile, AL36606 2054 Dauphin St. CARES South Alabama (251) 433-3624 Mobile, AL36602 218 SaintFrancis St. United WayofSouthwestAlabama

1 1

The Center on the Administration of Criminal Law 83

project of the the of project City of Mobile Mobile of City Weed and Seed Mobile, AL 36617 AL Mobile, Fax: 251-452-8732 Phone: 251-452-8179 The City of Mobile The City of Mobile Weed and Seed’s Seed’s and Weed 2318– B St. Stephens Road 2318– B St. Stephens Road Crichton/Toulminville Crichton/Toulminville Treatment Sub-Committee Sub-Committee Treatment Prevention, Intervention and Prevention, This Quick Reference Guide is a is Guide Reference Quick This 84 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Center on the Administration of Criminal Law 85 86 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Center on the Administration of Criminal Law 87 88 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Center on the Administration of Criminal Law 89 90 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Center on the Administration of Criminal Law 91 92 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Center on the Administration of Criminal Law 93 , , , training Phone: 251/441-5845 http://www.mobile- http://www.bonds4jobs.com/

- Mobile, Alabama 36602 63 Suite Street, So. Royal 600 Fax: 251/441-5051 Riverview Plaza Riverview of ex-offenders, as well as provide as of ex-offenders, hired. U.S. Department of Justice http://www.mobile-works.org/pro_its.php Department of Labor Department Southern District of Alabama United States Attorney http://www.doleta.gov/business/incentives/opptax/

. employment themselves for

financial employers incentives to the whereby an employer of an ex-offender can receive six up to the bonding months of free receive can an ex-offender of an employer whereby the Mobile Weed through been purchased bonds have hire. These amount of $5,000 per the through administered of Justice Program is a Department which Program, & Seed of Mobile. City scholarship funds to equip whereby a business that hires an ex-offender within one year of their release would be of their release within one year ex-offender business that hires an a whereby one $2,500 tax credit for each for a eligible available hire is in training- while the new subsidy (OJT) 50% wage On-the-job-training at be found can of Labor the Department through to employers works.org/pro_ojt.php Individual Training Account, (ITA) (ITA) Account, Training Individual Some of the programs that will help employers with their bottom line are the following: line are with their bottom that will help employers Some of the programs the from program Bonding Fidelity There are documented community and business benefits when businesses hire ex- when businesses hire and business benefits community documented are There substantial face typically ex-offenders felons, convicted of being Given the stigma 2. Tax Credit, Work Opportunity 3. 4. 1. educational assistance to individual ex-offenders in the hopes of making them more attractive to more attractive them in the hopes of making individual ex-offenders assistance to educational point of contact Raine, President of Mobile Works, is an excellent Sydney potential employers. 251-432- at reached can be listed below. Mr. Raine programs the great of to discuss any for you initiative re-entry ex-offender additional questions about my have any you 0909 ext. 148. If or myself. Eric Day ask for at 251-441-5845 and office my don’t hesitate to call please

offenders. I am looking for your help with my initiative to assist ex-offenders (felons) obtain (felons) to assist initiative ex-offenders help with my your am looking for I offenders. Pursue Offenders initiative is Project - Helping H.O.P.E. of my The name employment. Excellence. skill set to qualify the necessary possess they even when employment gainful obstacles in finding programs Federal several are there some of the obstacles to overcome order position. In for a that provide Dear Employer, Dear

94 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry community. dream. your With helpwe canimprove thequality oflifefor allofthecitizensinour initiative andoffer ex-offenders employment andarenewed opportunity toachieve theAmerican In close,I hopethatyou andyour businesswillpartner withmeinthisvery important Sincerely, Southern DistrictofAlabama United StatesAttorney Kenyen R.Brown Brown R. Kenyen The Center on the Administration of Criminal Law 95 offenders release plan for - th contexts. Additionally, th nts (i.e. social security card, offenders after release. ommittee Responsibilities ommittee ouncil Subc ouncil ntry C e -offender employment within our local community and propose ways propose and ways community employment within local our -offender -offender employment workshops workshops job fairs. and -offender employment Project HOPE Re -offender employment while simultaneously maintaining public safety and maintaining public and simultaneously employment while safety -offender offender mobility to and from educational opportunities, work and other necessary life necessary other and educational opportunities, work from to and mobility offender - s license, birth certificate, etc.) and propose etc.) and s license, birth certificate, solutions impediments those on the to remove = ties. ties. enders from beingoffenders from upon augmentation the successful release outstanding of traffic (i.e. fines offenders, ex offenders, -offenders to with how ex-and building relationship continue -offenders - -offenders, identifying and publicizing business and community incentives to hiring incentives identifying to community hiring publicizing business and and -offenders, soft skill banning for box,clothing, the workplace provision of the training -offenders, - 6. Documentation and6. Documentation Restoration ex institutionalIdentify barriers and instructural public our or courts policy that hinder unnecessarily ex ex-offenders). on hiring ban blanket municipality’s a or impediments have ex-offenders Identify docume personal identifying restoration their the of in obtaining driver Identify impediments to faith based and community provider service access institutions impediments community toin to penal faith and based Identify and region whatour services are most effective in reducing recidivism prior to release as persons to transitionprepare back into community. the Recommended topics of emphasis to how include developing 90 day baseda faith collaboration in prison ministry, strengthen pre to increase ex business development region. inpromoting our topics of emphasis Recommended include hire to recruitment employer Works, Mobile and Canter Career Alabama the with liaising ex ex ex In Reach 5. Prison Identify impediments to ex to impediments Identify Identify impediments to quality transitional or permanent opportunities transitional or impediments ex- housing to quality Identify for in resources accessibility affordability such solutions and the of provide to on how increase and homelessnessnger. hu to reduce and order affordable to impediments local identify Similarly, to solutions in transportation provide implemented order and be private public and that can increase ex activi 4. Employment & Workforce Development Identify impediments to offenders obtaining their GED/vocational training while incarcerated or or incarcerated while training their GED/vocational obtaining offenders to impediments Identify solutions and propose to community the barriers those and return toupon their remove on how to educational access jobincrease opportunities readiness. and 3. Housing Transportation & 1. Drug Treatment and Health Services and counseling, counseling toexposure health traumatic mental Examine experiences drug ways they institutions as propose and exist penal resources outside of counseling both within and to make those services more affordable, accessible and effective in bo identify factors of incarceration of factors that unnecessarily family to break-down the the identify of contribute makestructure and proposals both factors to remove those reasonably inside penal institutions and in community. the 2. Education 96 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry propose solutions to remove to propose those solutions impediments. Identifyof voting the to reasonableand rights impediments restoration local and Statelevel. The Center on the Administration of Criminal Law 97 offenders release plan for - th contexts. Additionally, th nts (i.e. social security card, offenders after release. ommittee Responsibilities ommittee ouncil Subc ouncil ntry C e -offender employment within our local community and propose ways propose and ways community withinemployment local our -offender -offender employment workshops workshops job fairs. and -offender employment Project HOPE Re -offender employment while simultaneously maintaining public and simultaneously while employment safety -offender offender mobility to and from educational opportunities, work and other necessary life necessary other and educational opportunities, work from to and mobility offender - s license, birth certificate, etc.) and propose etc.) and s license, birth certificate, solutions impediments those on the to remove = ties. ties. enders from beingoffenders from upon augmentation the successful release outstanding of traffic (i.e. fines offenders, ex offenders, -offenders to how with ex- building and relationship continue -offenders - -offenders, identifying and publicizing business and community incentives to hiring incentives identifying to community hiring publicizing business and and -offenders, soft skill banning box, for clothing, the workplace provision the of training -offenders, - 6. Documentation and6. Documentation Restoration ex institutionalIdentify barriers and instructural publicour or courts policy that hinder unnecessarily ex ex-offenders). on hiring ban blanket municipality’s a or impediments have ex-offenders Identify docume personal identifying restoration their the of in obtaining driver Identify impediments to faith based and community provider service access institutions impediments community toin to penal faith and based Identify and region our what services are most effective in reducing recidivism prior to release as persons to transitionprepare back into community. the Recommended topics of emphasis to how include developing 90 daya based faith collaboration in prison ministry, strengthen pre to increase ex business development region. in promoting our topics of emphasis Recommended include hire to recruitment employer Works, Mobile and Canter Career Alabama the with liaising ex ex ex In Reach 5. Prison Identify impediments to ex to impediments Identify Identify impediments to quality transitional or permanent opportunities transitional or impediments ex- housing to quality Identify for in resources accessibility such solutions affordability and the of provide to on how increase and homelessness hunger. to reduce and order affordable to impediments local identify Similarly, to solutions in transportation provide implemented order and be private public and that can increase ex activi 4. Employment & Workforce Development Identify impediments to offenders obtaining their GED/vocational training while incarcerated or or incarcerated while training their GED/vocational obtaining offenders to impediments Identify solutions and propose to community barriers the those and return toupon their on how remove to educational access jobincrease opportunities readiness. and 3. Housing Transportation & 1. Drug Treatment and Health Services and counseling, counseling exposure to health traumatic mental Examine experiences drug ways they institutions as propose and exist penal resources outside of counseling both within and to make those services more affordable, accessible and effective in bo identify factors of incarceration of factors that unnecessarily family to break-down the the identify of contribute makestructure and proposals both to remove factors those reasonably inside penal institutions and in community. the 2. Education 98 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry rights reinstated.TheAlabama codereads: discusses crimes that, by Alabama law,willprecludeapersonfrom havinghisorhervoting those crimes arerape, murder, burglary,robbery,andincome taxevasion.Further,thecase Alabama Supreme Courthasdetermined tobecrimes “involvingmoral turpitude.”Amongst Chapman automatically regaining votingrightswithoutapplyingforreinstatement. However,the automatically reinstated following release. their votingrightsuponrelease.However,allotherex-offenders’willbe convicted offelonies“involvingmoral turpitude”willberequiredtoapplyforreinstatement of felony offenders do not lose their voting right automatically suspendedfor theduration ofanoffender’s sentence,under Alabama lawall ex-offenders. Alabama lawdoesnot outlinespecific crimes thatdisqualify anindividualfrom InChapmanv.Gooden MEMORANDUM * RIGHTS OFEX-OFFENDERSUNDERALABAMALAW This document wascreatedforgeneralinformational purposesonly. caseincludesanAttorneyGeneral’sorderthataddressesafewcrimes thatthe Chapman v.Gooden, 974 So. 2d 972 (Ala. 2007). While voting rights are A person whohaslosthis orherri production ofobscenematter, parentsorguardianspermitting computer, productionof obscen child toenteravehiclefor immoral purposes,solicitingachildby degree, sexual abuse in any degree, incest, sexual torture, enticing a section: Impeachment, rapeinanydegree,sodomy murder, inany to applyforaCertificateofEligib in astateorfederal courtfor anyof thefollowing willnotbeeligible the Alabama Supreme Courtdiscussesvoting reinstatement for ON REINSTATEMENTOFVOTING s uponconviction.Onlyex-offenderswhowere ght tovotebyreasonofconviction ility toRegisterVoteunderthis e matter involving aminor, * The Center on the Administration of Criminal Law 99 tter, possession of obscene matter, of obscene tter, possession 2 also discusses crimes that the Alabama Supreme Court has determined do not Court has determined Supreme that the Alabama also discusses crimes children to engage in obscene ma engage in obscene children to possession with intent to distribute child pornography, or treason. to distribute child pornography, possession with intent Chapman should contact their local probation or parole Ex-offenders with additional questions offices or the State Board of Pardons and Paroles at (334) 242-8730. (334) at Paroles and Pardons of Board State the or offices Ala.Code § 15-22-36.1(g) (Supp.2004). Ala.Code § 15-22-36.1(g) of voting rights upon release. reinstatement turpitude and will not require involve moral and possession of marijuana. are assault, driving under the influence, those crimes Amongst listed in the statute been convicted of one of the crimes Accordingly, unless an ex-offender has to vote turpitude then an ex-offender should be able involving moral or another crime upon release. immediately 100 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry The Center on the Administration of Criminal Law 101 102 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry Transforming CriminalJustice The Top Ten List— APPENDIX E APPENDIX E into Community Justice into CommunityJustice

The Center on the Administration of Criminal Law 103

JUSTICE

INTEGRITY LEADERSHIP COMPASSION

PROFESSIONALISM

A T T O R N Y’S E O C E F F I www.kingcounty.gov/prosecutor KING COUNTY COURTHOUSE W400 COURTHOUSE COUNTY KING •

9013 •

SEATTLE, WASHINGTON 98104 WASHINGTON SEATTLE, •

TTORNEY Fax: (206) 296- (206) Fax: A 1200 • - By Dan Satterberg, King County Prosecuting Attorney By Dan Satterberg, King 516 THIRD AVENUE AVENUE THIRD 516 ROSECUTING ROSECUTING DANIEL T. SATTERBERG P

Tel: (206) 477 (206) Tel: OFFICE OF THE PROSECUTING ATTORNEY PROSECUTING THE OF OFFICE The Top Ten List – Transforming Criminal Justice into Community Justice Transforming Criminal Justice into Community The Top Ten List – Prosecutors must reengage with their communities and the people they serve, especially Prosecutors must reengage with their communities and the people they serve, especially that we our youth. We need to work with our community and our schools to help ensure of graduate more students from high school and high school dropouts make up 75% prison inmates. Some exposure to college reduces the chance of arrest and imprisonment 1.

for decades, Prosecuting Attorneys are increasingly After witnessing mass incarceration up close to understand: current incarceration practices are aware of what communities have also come Prosecuting Attorneys have played a role in creating unnecessary, costly, and unjust. Too often, -- this status quo. But incarceration rates can be slowed, – or at a minimum not seeking to change Prosecuting Attorneys working in conjunction with the and even reversed, by intentional acts of communities they serve. only because of the fiscal costs, but because of the To move beyond this era is imperative not within Racial disproportionality impacted by crime. erosion of trust within the communities most duty to promote the interests of justice. It also the justice system contravenes the prosecutor’s and is a real threat to the not equally applied, creates a pervasive belief that the laws are rule of law. legitimacy of authority necessary for the As prosecutors and leaders of prosecutive offices, we need to do all we can to promote a new era offices, we As prosecutors and leaders of prosecutive prosecutorial power is shared with the communities we serve. where of “Community Justice” point of and not presume that our roles more broadly Criminal justice leaders must look at their with an arrest or the filing of charges. We know what engagement in promoting justice begins ever having contact with the criminal justice from interventions can help immunize people to keep people from coming back after they have system in the first place, and we know how science, it is social science, which makes it much paid their debt to society. It’s not rocket in Seattle and a growing number of other cities, harder. Nevertheless, based on our experiences our path toward change is clear. changes within Prosecutors can push the criminal justice system along this path by implementing and state their own offices, and also by advocating for broader changes in our local communities things that all legislatures. The following ten areas of focus are far from exhaustive, but they are inequalities. prosecutors can start doing immediately to reduce incarceration and address racial – daily basis They are reflective of the core values that can and should guide our actions on a fair and justice, compassion, integrity and leadership in promoting the administration of a communities. equitable criminal justice system and in seeking to bring about healthy and safe K I N G C O U N T Y P R O S E C U T I N G I U T C E O S R Y P O U N T N G C K I 104 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry

Prosecuting Attorney King County Page 6. 5. 4. 3. 2. 2 reinforce theunderstandingand recognitionbyprosecutors – bothindividuallyand geriatric inmates. Attentionto matters ofjusticebuildscommunitytrustandhelps incarceration isnolongerapublicsafetyimperative. Engage insentencereviewof Review allclaimsofinnocenceandinitiatepetitionsforclemency foroldercases where and/or decliningtofilemightbeappropriateinthefollowing categoriesofcases: negatively impactingsafety.Forexample,diversiontoacommunity-based response are numerousoff-rampsthatshouldbeconsideredtoaddressthisproblemwithout to community-basedsolutions,includingexpandingrestorativejusticeprocesses. There that disproportionatelyinvolvepeopleofcolorandinpoverty from thecourthouse Attorney’s officearecompoundingracialdisparities. Inaddition,divertappropriatecases use datatolookcloselyatwhetheranypracticesinlawenforcementortheProsecuting In ordertointentionallyreduceracialdisproportionalityinthecriminaljusticesystem, emergency roomandreducethefrequencyofthosecontacts. are arrested,anddesignoutreacheffortstoengagefrequentutilizersofthejail (“LEAD”) interventionsasjailalternativesforaddictedandvulnerablepeople oncethey addictions andco-occurringdisorders.UseLawEnforcementAssistedDiversion Let publichealthofficialsdesigninterventionstohelppeoplewithseriousdrug indicate theneedformentalhealth treatment, notacriminaljusticeresponse. frequent criminaljusticeencounters.Prosecutors shoulddecline toprosecutecasesthat professionals canworktostabilizethepersonandreducefactorsthat can leadto symptomatic behaviorshouldbetakentoshorttermcrisiscenters,wherementalhealth Build alternativestojailfornon-violentmentallyillpeople.Peoplearrested as anentrypointforyoungpeopleintothedownwardspiralofjusticesystem. reflective ofyouthfulmisbehavior,weneedtomakeclearthatourofficeswillnotserve remedial communitycollegeprogram.Whencasesdolandonourdoorstepthatare investments inschoolstafftoworkwithtroubledstudents,ortransferringthestudenta of expellingdisruptivestudentstothestreets,ProsecutingAttorneysshouldadvocatefor school-to-prison pipelinebychangingourpunitiveapproachtoschooldiscipline. Instead criminalizing adolescentmisbehavior.Workingtogether,weneedtoshut downthe Prosecutors shouldworkwithourschools,lawenforcementandadoptpoliciesthatavoid dedicating resourcestotheseefforts. programs throughdirectpartnershipsandbybeingavocaladvocateinthecommunityfor crime preventioninvestmentswecanmake,andProsecutingAttorneyssupportthese for allpeopletosingledigitsorless.Programsre-engageyouthinschoolarethebest

• • • • •

Drug possession(iffiled,shouldneverbeafelony) DWLS basedonfailuretopaycivilinfraction First gunpossession Juvenile intra-familialdomesticviolence Juvenile misdemeanors The Center on the Administration of Criminal Law 105

collectively – that their role is to do justice and that excessive punishments do not further role is to do justice and that excessive collectively – that their those interests. assault domestic violence and sexual to civil legal aid for Provide priority access up at the legislature to protection order petitioners, and show victim/survivors and level the playing field in these providers. Civil legal advocates support resources for recovery. reduce recidivism and accelerate victim abusive relationships, inmates, and we should every opportunity for improvement for Prisons should provide Trauma-informed services they are released. expect people to be better, not worse when should be standard features of jails and and vocational and educational opportunities presume that their role ends at the time of case prisons. Prosecuting Attorneys should not join defenders and other advocates in refusing disposition. Prosecuting Attorneys should of confinement. More broadly, Prosecuting to tolerate abusive or inhumane conditions number of people we send to jail and prison, Attorneys have an obligation to reduce the Recidivism rates should be the so that scarce resources can be utilized appropriately. and the community. performance measurement for the DOC from prison. We to our communities We need to expand support for people returning no longer reentry support so that we must change the way we think and talk about increase the chances they will return to prison. stigmatize the formerly incarcerated and prison to society need housing, employment, Like all of us, people in transition from public money toward their successful support and hope. Small investments of communities and less pressure to build more reintegration will pay off by having safer expungements, ban the box efforts and prisons. Prosecuting Attorneys should promote consequences that inhibit successful other endeavors to minimize the collateral community reentry. with the communities we serve, and inviting “Community Justice” means sharing power need not always involve in ways that creative partnerships to hold people accountable incarceration. Society’s most complex problems come to our doorstep, but the solutions non-profit providers are not always found in a courtroom or a jail cell. Community-based for an can produce better outcomes for public safety in many cases. Many are just waiting invitation from the prosecutor to help. 3 3 7. 8. 9. 10.

Page King County King Prosecuting Attorney Prosecuting

106 Disrupting the Cycle: Reimagining the Prosecutor’s Role in Reentry

Center on the Administration of Criminal Law 139 MacDougal Street, Room 307 New York, New York 10012 [email protected] www.prosecutioncenter.org