END mASS iNCARCERATION

Mass incarceration remains a significant issue in the United States, disproportionately affecting BIPOC communities. Effective policy can transform the prison system and improve societal outcomes. Below is a discussion of policies to reduce incarceration.

Yusef Salam was wrongfully convicted of a crime and sentenced as an adult while still a youth in New York City. Yusef spent nearly 7 years in prison, and used his time incarcerated to transform himself. Yusef would later be released, exonerated of any wrong doing, and elected as a member of the city council of NYC. 

Recommended Policies

  • Decarceration, sentencing reform and increased alternatives to incarceration.

  • Healthcare, ensure access to comprehensive healthcare, mental health services and substance abuse.

  • Rehabilitation, expand/improve rehabilitation and reentry programs.

  • Early release of aging, compassionate release for elderly inmates with low recidivism risk.

  • Specialized care, age-appropriate healthcare and facilities for elderly inmates.

  • Gender responsive programs, develop programs addressing specific needs of women (trauma-informed care and parenting support).

  • Alternative sentencing, community-based alternatives for non-violent female offenders, especially primary caregivers.

  • Raise the age, ensure juveniles are not tried as adults. Rehabilitation focus, emphasize education, mental health services, and family engagement in juvenile detention centers. Eliminate mandatory minimums and reduce sentences for non-violent offenses and reduce sentences for drug-related crimes. Expungement and sealing; simplify processes for expungement and sealing of records. 

  • Ban the box, remove questions about criminal history from job applications.

  • Establish independent oversight bodies to monitor prison conditions and investigate allegations of abuse. Whistleblower protections, protect inmates and others who report abuse.

  • Use of mental health courts to divert individuals from incarceration to treatment.

  • Expand eligibility, broaden eligibility criteria for early release and parole.

  • Reentry support, provide robust support services for individuals transitioning from incarceration to the community.

  • Bail reform: implement cash bail reforms to reduce pretrial detention.

Policies with Impact

  • First Step Act (2018): (Federal) expands early release, improves conditions, increased funding for rehabilitation programs.

  • California’s SB 1393 (2018): Gives judges discretion to dismiss certain sentencing enhancements for older, low-risk offenders.

  • Raise the Age Laws: Various states, including New York and North Carolina, have passed laws to raise the age of criminal responsibility to 18, ensuring that minors are treated within the juvenile justice system.

  • Dignity for Incarcerated Women Act, Colorado’s Closure of Private Prisons, Closure of Illinois Youth Center in Hoffman Estates, New York City’s Plan to Close Rikers Island, Ban the Box Initiatives, Clean Slate Act - automatic record sealing, Prison Rape Elimination Act, Juvenile Justice and Delinquency Prevention Act (JJDPA) Reauthorization (2018), Affordable Care Act (ACA) Medicaid Expansion- medicaid for eligible incarcerated, Stepping Up Initiative -mental health incarceration reduction, Second Chance Act (2008)- reentry, California’s SB 823 (2020) - youth facility closure, New York's HALT Solitary Confinement Act (2021), Washington State’s Family and Offender Sentencing Alternative (2010): alternative for parents of minor children, Annie E. Casey Foundation’s Juvenile Detention Alternatives Initiative (JDAI) - reduction, improvement, alternatives; Fair Sentencing Act (2010) - crack/cocaine disparity; Elderly Offender Home Detention Pilot Program; California’s Public Safety Realignment Act (2011)- shift from state prisons to county facilities and alternatives; California’s SB 1421 (2018)-transparency for police and correctional misconduct; California’s Proposition 57 (2016) - expands parole and incentives rehab program.

Addressing mass incarceration requires a multifaceted approach that includes legislative reforms, investments in community-based alternatives, and a focus on rehabilitation and reentry support. By implementing and expanding these policies, the United States can reduce incarceration rates, improve conditions for those who remain incarcerated, and create a more just and equitable criminal justice system.