State Lawmakers Work Across Party Lines to Pass Criminal Justice Reforms

Congressional representatives in our nation’s capital continue to battle it out over health care and tax code reform, leaving some observers to call it the least productive session in recent memory following the election of a new government.

In stark contrast, recent criminal justice reforms in half a dozen states – including Louisiana, Michigan, Nevada, and North Dakota – reflect a significant departure from status quo Beltway politics in two ways.

First, while partisan rancor continues to paralyze Washington, state lawmakers are crossing party lines to pass landmark criminal justice reform, an issue that has historically divided stakeholders. And many of these legislative packages were approved by both Republican and Democratic governors alike.

For example, in Nevada which concluded its legislative session on June 6, 25 bills seeking to reform the state’s prison, parole, probation, and juvenile detention systems were passed and signed by Republican Governor Brian Sandoval, with 12 bills receiving unanimous votes in both houses, both controlled by Democrats. (See Table 1 for a brief description of the major criminal justice bills).

Second, while U.S. Attorney General Jeff Sessions recently urged prosecutors to impose the most serious charges for drug offenses, state lawmakers are moderating sentences for drug-related crimes. Republican North Dakota Governor Doug Burgum signed legislation that reduces drug possession charges from a felony to a misdemeanor for first-time offenders. Louisiana, which adjourned its regular legislative session on June 8, passed reforms address drug sentencing, allowing lighter sentences based on the weight of the drug.

These recent advances in criminal justice reform reflect the longstanding, local grassroots efforts of conservative and progressive advocacy groups, such as Right on Crime and the U.S. Justice Action network, to champion various reforms – ranging from the use of solitary confinement on juvenile offenders to alternatives to prison. Nonpartisan groups like the Council of State Governments and the Brennan Center for Justice provide technical assistance. In many cases, advocacy groups have been joined by unlikely partners—including business groups and law enforcement associations.

Democrats have long viewed criminal justice reform as a civil rights issue. Over the past decade or two, the willingness of Republican legislators to work across the political aisle and consider new alternatives has been driven by the recognition that previous policies were not reducing incarceration rates, and that the costs of the status quo has become increasingly prohibitive. The costs of housing a growing number of inmates have burdened state budgets. The Los Angeles Times recently reported that the cost of housing a prisoner in California exceeds one year of tuition at Harvard University. In Nevada, for example, the state spent $243.9 million in 2015 on prisons, at an average cost of $17,851 per inmate. This amount is more than double the amount spent per pupil in Nevada’s K-12 public education, and the cost of resident tuition at the state’s two public four-year universities. In Louisiana, criminal justice reforms are expected to reduce the state’s prison population by 10 percent over the next decade, thus saving the state over $250 million.

Given the fiscal pressures, much of the new bipartisan-supported legislation aims to reduce recidivism. In Michigan and Nevada, almost one third of individuals released return to prison within three years, and half of those in Michigan are in jail for parole or probation violations. The recidivism rate is higher for Native American and African American youth and young adult (18-27) offenders.

Nevada adopted research-informed policies designed to increase the chances of successful re-entry, subsequently joining the ranks of 38 other states that have restored voting rights to ex-offenders, and 28 others (and 150 cities) who have adopted “ban the box” policies. Michigan Governor Rick Snyder, a Republican, signed a bill initiating a new program that provides alternatives to ex-offenders who violate parole rather than returning them to prison. In Louisiana, the state with the highest incarceration rate in the country, Governor John Bel Edwards signed legislation that expands alternatives to incarceration, including a drug court.

Further, in contrast to the harsh punitive measures coming down from Washington, states are looking to reduce costs by targeting reforms at persons who committed lesser offenses and by proposing alternatives to prison. Of the individuals serving time in state jails and prisons, a significant number are serving time for lesser offenses (including drug possession). In April, North Dakota passed a law that establishes probation as the presumptive sentence for low-level felonies. By freeing up corrections expenses over time, local political leaders can redirect the funds to other state priorities and programs.

Joining their Democratic colleagues, Republican legislators recognize also that long term success of criminal justice reforms depends on the provision of appropriate support to ex-offenders, including healthcare. In North Dakota, the Republican-led Legislature appropriated $7.5 million to provide behavioral health services to individuals who previously committed crimes. Louisiana’s Republican lawmakers dedicated a share of expected savings realized from a lower incarceration rate to programs to rehabilitate offenders. And new bipartisan supported legislation in Nevada improves the ability of the state to provide “counseling, health care services, and assistance with obtaining employment” to people who committed crimes in their past.

States, as laboratories of democracy, are modeling the ability of lawmakers to arrive at bipartisan solutions even when tackling the most controversial of issues. We must applaud their pursuit of sensible policies that seek to provide a second chance to many and rein in incarceration costs in a responsible way.

Table 1: Major Criminal Justice Reforms Considered during 2017 Legislative Session in Nevada

Note: An abridged version of this blog appeared in Detroit News on July 31, 2017.