Estelle Atkinson
Research and reporting intern at The Des

Report Reveals Police Use of Force Rising for Black, Female, and Older People

(Prison Policy Initiative)

Report Reveals Police Use of Force Rising for Black, Female, and Older People

Recent Bureau of Justice Statistics provide comprehensive look at relations between police and the public in 2019 and 2020

Estelle Atkinson
Estelle Atkinson
Research and reporting intern at The Des

The Prison Policy Institute has released a report analyzing survey data published by the Bureau of Justice Statistics on “Contacts between police and the public in 2020.” The report reveals that, while fewer people came into contact with police overall, “those interactions were still too often racially discriminatory and too often involved improper or harmful conduct.” 

While the BJS survey has led to key findings regarding the discriminatory use of force by police, the scope of the data leaves out incidences between police and the public after June 2020, subsequent months of which saw deep social unrest caused by the COVID-19 pandemic and a “nationwide reckoning with racialized police violence” following the death of George Floyd.

More than 1 in 5 people in the survey reported coming into contact with police in the past twelve months. Of these reports, 2% of people experienced the nonfatal threat or use of force. This force consists of being handcuffed, pushed or grabbed, hit or kicked, used chemical or pepper spray or an electroshock weapon on, pointed or fired a gun at, or some other kind of physical force. 

Of this 2%, the use of force disproportionately affected Black people. The statistics reveal that racial disparities in policing persist, particularly in regards to the threat or use of force. Black people were 12 times more likely to experience police misconduct. During traffic stops in particular, Black and Hispanic people were most likely to experience a search or arrest, while white people enjoyed the effects of police discretion and were most likely to leave a traffic stop with a mere warning. 2020 saw approximately 1 million fewer traffic incidents, likely a consequence of the COVID-19 pandemic. 

Two additional trends were also revealed: older people are vulnerable to harmful interactions with the police, and police are increasingly threatening or actually using force against women. More than 1 in 7 people aged 65 or older reported police contact, with the number of people in the same age range experiencing the use of force nearly doubling between 2018 and 2020. Women accounted for an “alarming” 31% of those experiencing the use of threat or force in recent police interactions. 

The findings by the BJS led the Prison Policy Initiative to ask a number of pressing questions: how has policing changed through 2020? Why are women increasingly experiencing the use of force by police, while this figure is decreasing for men? Do police really provide solutions to those in need of help? 

The data reveals that 36% of people who contacted police for help felt as though the response did not improve the situation, though 93% were equally likely to contact police again in future incidents. The Prison Policy Initiative noted that this dependence may be indicative of the need for alternatives to policing. 

In light of the political movement to “defund” the police, the BJS also issued administrative surveys of law enforcement personnel, the scope of which extends to the end of 2020, beyond the survey on contacts between police and the public. The Initiative reported that, in line with reports of stagnant or increased police budgets in the 2021-22 fiscal year, the police were not “defunded” in 2020. The report also noted sheriffs and police chiefs continue to be overwhelmingly white.

The Prison Policy Initiative concluded its report, stating “hopefully, future versions of this survey will help paint a clearer picture of how policing has evolved over the past two years and how advocates and lawmakers can continue to push for change.” In light of the data provided by the BJS, “we’ve yet to see meaningful shifts in policing institutions.”

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IN DEPTH

A new investigation reveals gun seizures under Bowser’s police department broke the law

Journalists Alex Coma and Mitch Ryals published an investigative story uncovering a criminal investigation of 19 D.C. police officers for misconduct while serving in a crime suppression unit. Originally an internal MPD inquiry, the investigation has since been upgraded to a criminal inquiry, with allegations including taking firearms without making arrests and filing false reports.

August 25, 2023
House of pain

House of Pain: an introduction

My name is Bernard Jemison and I will briefly explain my story. I’ve been incarcerated since May 13, 1998, over 25 years now for felony murder that should have been self-defense. I was sentenced to serve life with the possibility of parole in the Alabama department of corrections.

July 25, 2023
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1700+ incidents of sexual victimization within juvenile justice facilities reported over six-year period 

1700+ incidents of sexual victimization within juvenile justice facilities reported over six-year period 

The Bureau of Justice Statistics has found that there were 1762 verified incidents of sexual abuse and misconduct, perpetrated by youth and staff combined, in juvenile justice facilities throughout 2013-2018

Estelle Atkinson
Estelle Atkinson
Research and reporting intern at The Des

CW: Sexual Assault

In a new report, the Bureau of Justice Statistics (BJS), in accordance with their obligation under the Prison Rape Elimination Act to administer and review the “Survey of Sexual Violence” (SSV), has found that 1762 confirmed incidents of sexual abuse and misconduct occurred in juvenile justice facilities over the course of 2013-2018. Of this figure, 1263 incidents were perpetrated by other youth, and 499 were perpetrated by staff. The report reveals key findings about the kinds of abuse occurring and how juvenile justice facilities are responding to the abuse. There are notable shortfalls with regards to how many victims receive counseling and treatment, as well as with regards to how many incidents are followed up by legal action. 

The majority of the incidents consisted of “abusive sexual contact,” defined by the BJS as “intentional touching, either directly or through the clothing,” of private body parts. The remaining incidents were “nonconsensual sexual acts,” which the BJS, in alignment with national standards, defines as consisting of penetrative acts. The data, which was collected through the SSV, represents all data collected by state juvenile systems and facilities, and representative samples of locally and privately operated judicial facilities. 

In reality, the figure may be higher than reported, as researchers observed that multiple victims and perpetrators may have been involved in each incident. There is, additionally, the possibility for slight variability in the true number of incidents occurring in non-state systems and facilities.

(Bureau of Justice Statistics)

The majority of victims overall were male, with male victims comprising 63.2% of the total number of staff-on-youth abuse victims and 62.7% of youth-on-youth abuse victims. The majority of perpetrators in youth-on-youth abuse incidents were also male, at 72.8%. The majority of staff-on-youth abuse perpetrators, however, were female, at 51.1%.

As regards the facility response to these incidents, the data collected reveals that only 50% of victims of staff sexual misconduct incidents received counseling or mental health treatment, with that figure dropping to 36% in relation to staff sexual harassment incidents. Similarly, 48% of victims in youth-on-youth sexual victimization incidents were provided counseling or mental health treatment.

(Bureau of Justice Statistics)

The data collected only represents substantiated incidents of sexual victimization, which means that the allegation was investigated and determined to have occurred. Nonetheless, staff perpetrators were only reprimanded or disciplined 40% of the time. The staff perpetrators who were then discharged, terminated, or denied contract renewal only represent 32% of total staff perpetrators. 

The report distinguished between incidents of staff sexual misconduct, which includes any consensual or nonconsensual behavior or act of a sexual nature, and incidents of staff sexual harassment, which includes repeated verbal comments or gestures of a sexual nature. Despite incidents of sexual misconduct being considered “the most serious victimizations,” staff perpetrators were disciplined five times more often for sexual harassment incidents (40%) than for sexual misconduct incidents (8%). 

In youth-on-youth sexual victimization situations, approximately 26% of cases led to legal action in both state juvenile systems and local and private juvenile facilities. However, while 37.4% of staff perpetrators faced legal action in local and private juvenile facilities, only 24.4% of staff perpetrators faced legal action in state juvenile systems. The data therefore reveals a discrepancy between both the number of substantiated incidents and the number of perpetrators facing legal action more generally, and the discrepancy between the legal outcomes depending on whether the facility is state operated or privately operated.

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Wake Up: The Sentencing Project launches new campaign to end mass incarceration

A new project launched by The Sentencing Project is a campaign to end mass incarceration in the United States. The project, called “Wake Up,” aims to raise awareness about the negative impacts of mass incarceration on individuals, families, and communities and to push for reforms that will reduce the number of people behind bars.

March 1, 2023
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Maryland Parole Commission suffers systemic problems, new report reveals

Maryland Parole Commission suffers systemic problems, new report reveals

The Justice Policy Institute identified key inefficiencies in Maryland’s parole system, putting forth alternative measures

Estelle Atkinson
Estelle Atkinson
Research and reporting intern at The Des

In a new report, the Justice Policy Institute assessed Maryland’s parole system for the first time in nearly ninety years. The report concludes that management of the parole system by the Maryland Parole Commission suffers from inefficiencies which include a disparity between rules and reality, a lack of publicly accessible data, racial disparities and continued high recidivism rates. Notably, despite the influence of COVID-19 on prison populations, the parole grant rate decreased between 2020 and 2021. This stands in contrast with the actions taken by other jurisdictions to increasingly grant parole on an exceptional basis due to the pandemic.

The data compiled by the Justice Policy Institute reveals inconsistencies with a common-sense approach to criminal justice more generally. One striking statistic is that parole is less frequently granted with age. Only 28% of people over 60 are granted parole, whereas 43% of individuals between the ages of 31 and 35 are granted parole. 

The report highlights that “parole grant rates that decline with age run counter to everything we know about trends in criminal offending”. Overall, the data, as compiled in the report, suggests that the Maryland parole system is operating on the basis of “antiquated” rules, rather than best practices.

In response to identified issues, the report makes ten policy recommendations. The proposed changes include introducing a presumption that the goals of punishment have been met at the time of initial parole eligibility, introducing selective supervision measures, publicizing reasons for the denial of parole, and providing counseling to parole applicants.

"Only 28% of people over 60 are granted parole, whereas 43% of individuals between the ages of 31 and 35 are granted parole in Maryland."

According to The Justice Policy Institute Tweet

The report argues that under the current standard, parole boards too often use their discretion to reevaluate the original sentencing decision, allowing the severity of the offense to preclude other possible considerations. The report argues that this practice leads to the incorporation of emotional and subjective ideals into the decision making process.

Instead of framing the conditions for release around the severity of the original offense, the Justice Policy Institute recommends that it would be better to make the decision of whether or not to grant parole on the basis of an individual’s present and future risk to the community. This would involve creating a presumption that the goals of the original sentence had been met. The effect of such a presumption would be that the Parole Commission would assume the goals had been met, unless there was evidence to the contrary. 

Another notable recommendation contained in the report is that supervision should be imposed selectively, namely relative to risk. The supervision imposed on someone granted parole should be the least restrictive measure of supervision necessary to meet the goals of re entry and public safety. 

This would mean that instead of applying a general supervision standard, the standard would be set according to an assessment of an individual’s risk to the community. This would involve, according to the Justice Policy Institute, the Parole Commission working in cooperation with other relevant bodies to develop a supervision strategy that has reentry as its main goal.

Another landmark change recommended in the report would be that, if the Parole Commission were to deny an application, they would have to publicize the reasons for doing so and allow for an appeal. This process is not adopted nationwide; only 24 states require that the individual be informed of reasons for denial, and only 23 states require that the information concerning the denial be made public. 

The Justice Policy Institute also recommends that individuals applying for parole be given access to counsel. This reflects the “complex and confusing” nature of the Maryland parole process more generally. Given the complexity of the process, the report advises that legal representation be provided in order to both increase transparency and legitimize the outcome of the decision. 

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Wake Up: The Sentencing Project launches new campaign to end mass incarceration

Wake Up: The Sentencing Project launches new campaign to end mass incarceration

The public education campaign marks the convergence of 50 years of mass incarceration and 50 years of Hip-Hop music in the US

Estelle Atkinson
Estelle Atkinson
Research and reporting intern at The Des

The Sentencing Project, a non-profit promoting humane responses to crime, launched a public education campaign titled “50 Years and A Wake Up: Ending the Mass Incarceration Crisis in America.” 2023 marks the 50th anniversary of mass incarceration in America, with the burden of incarceration falling disproportionately on Black and brown people. At a press conference on Wednesday, Amy Fettig, Executive Director of the Sentencing Project, emphasized that “mass incarceration is not a given; it is a historical anomaly.” 

The campaign, Fettig explained, is named after a common phrase used when “expressing the duration of their sentence plus one day. For example, someone incarcerated would have “20 years and a wake up” until they are released. In pursuit of the campaign’s objective to “wake up” America to the consequences of mass incarceration, The Sentencing Project published two new reports. 

The first report, “Mass Incarceration Trends,” highlighted the racial disparities within the prison system. Data shows that Black men are six times as likely to be incarcerated as white men, and Latinx men are 2.5 times as likely to be incarcerated. The second report, “Ending 50 Years of Mass Incarceration: Urgent Reform Needed to Protect Future Generations,” revealed that, though mass incarceration rates are currently decreasing, if they continue to do so at the current rate, it would take until 2098 for the statistics to reflect 1972’s pre-mass incarceration prison population. 

To discuss these findings and lend support to the campaign, Nicole Austin-Hillery, President & CEO at the Congressional Black Caucus Foundation (CBCF), Dorsey Nunn, Executive Director at Legal Services for Prisoners with Children (LSPC), Lisa Wayne, Executive Director at the National Association of Criminal Defense Lawyers (NACDL), Tanya Clay House,  Executive Vice President of the Hip Hop Caucus (HHC), and Marta Nelson, director of government strategy at the Vera Institute of Justice, joined the panel on Feb. 8.

"Mass incarceration is not a given; it is a historical anomaly.”

Amy Fettig, Executive Director of the Sentencing Project

 Tweet

Nicole Austin-Hillery stated that mass incarceration was a familiar issue for the CBCF, which aims to empower the global Black community through ensuring a steady Black leadership pipeline. She explained that “the issues we are seeing play out in the country right now,” including the recent killing of Tyre Nichols, are “related to the mass incarceration issue.” The CBCF will be presenting the data from the two reports from The Sentencing Project to lawmakers at both the federal and state levels, to ensure that they “have the tools they need to make policy decisions.”

Dorsey Nunn, who is a previously incarcerated individual, emphasized the economic reality of mass incarceration: “most people just see me as a criminal, as opposed to a slave of state.” Underpinning his work as Executive Director at LSPC, Nunn believes that removing the profit margin is crucial to ending mass incarceration: “we’re being sold in auction, where people can’t see it.” He continued,“when people are putting out fires in the state of California, we’re on the frontlines too for less than a dollar an hour.”

Lisa Wayne, who worked as a criminal defense lawyer for 37 years, began by recognizing her own, intrinsic contributions to mass incarceration as a defense lawyer. Wayne focused on the ongoing issues of forced guilty pleas and harsh sentencing, emphasizing that “if you don’t have effective representation, it leads to mass incarceration.”

Clay House, representing the HHC, discussed the more positive significance of 2023, which is that it marks 50 years of hip hop music. Not only did the genre revolutionize music, she said, but it has been “equally transformative in American politics” as a voice for the Black community. Clay House said that “as a Black woman, as a member of the hip hop generation, I am keenly aware of the impact of mass incarceration in the community. As an attorney by trade, I understand how mass incarceration has contributed to the violation of the rights of Black Americans, including the right to vote.”

"most people just see me as a criminal, as opposed to a slave of state."

Dorsey Nunn, Executive Director at LSPC

What next? The final speaker, Marta Nelson of the Vera Institute of Justice, proposed three guidelines for lawmakers to follow. First, we should shift away from our current sentencing structure towards one that presumes that all people have a right to liberty. Second, we should center sentencing on what delivers actual, rather than performative safety. This involves giving community based sentences as often as possible. Lastly, lawmakers should center the needs of survivors of crime when making solutions, rather than defaulting to long prison sentences. 

Austin-Hillery left the audience with a concluding thought: “we have to own the messaging around this. We have to stop allowing people to conflate the issues. Because you support ending mass incarceration does not mean that you don’t also want to focus on lowering crime in communities. It is not an either or.” 

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Shaking off the dust

The United States Sentencing Commission’s four year interruption has left the circuit court system in disarray and many incarcerated people waiting to hear back on appeals. Its first meeting addressed the list of priorities it will tackle including The First Step Act.

October 31, 2022
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NUMBERS

Still locked out of the ballot box

 An estimated 4.6 million Americans are still unable to vote due to felony records despite reforms. This includes more than one in 10 Black adults in eight states – Alabama, Arizona, Florida, Kentucky, Mississippi, South Dakota, Tennessee, and Virginia.

October 26, 2022
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Bail industry gets away with murder, costing defendants and citizens alike

An investigation was published indicating that six NYC bail bond companies were using fake trade names in order to continue operations without being shut down by state officials for large amounts of debt. The ability of agencies to continue to profit off of the bail system despite state laws that allow officials to suspend agencies owing large sums of money is the sixth loophole emphasized by the report.

October 25, 2022
NUMBERS

Mass incarceration punishes kids too

The arrest of a parent can be traumatic and severe for children whose parents are incarcerated, causing emotional, physical, educational and financial well-being difficulties. According to a  new study, kids of incarcerated parents are likely to become incarcerated themselves.

October 25, 2022
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D.C. Nonprofit launches housing program for returning citizens

D.C. Nonprofit launches housing program for returning citizens

A DC based nonprofit, “Who Speaks For Me?,” has launched a pilot housing initiative for five women and LGBTQ+ returning citizens

Estelle Atkinson
Estelle Atkinson
Research and reporting intern at The Des

“Incarceration renders you homeless,” pronounced Taylar Nuevelle, founder of the nonprofit program Who Speaks For Me?: “for every moment you are in a halfway house, a jail, a prison, you are considered homeless.” 

Nuevelle, a returning citizen herself, founded Who Speaks For Me? (WSFM) to disrupt the Trauma-to-Prison Pipeline and assist returning citizens from marginalized communities in their reintegration into society. The organization announced the launch of its new pilot program, Housing For All, which will provide individual apartments to five returning women and LGBTQ+ citizens. WSFM seeks to aid returning citizens who are amongst groups that are disproportionately impacted by obstacles to housing.

In a press conference on Nov. 2, representatives from WSFM shared news of the program’s launch thanks to a grant from a private foundation. The program will begin this month, with WSFM funding the cost of five apartment rentals for a year. 

This launch is part of a broader five year plan, which consists of WSFM’s purchasing of four D.C. buildings, each containing six to eight units of housing to be allocated for free to returning citizens who are unable to pay. Others who are in the financial position to do so will pay a low fee. This housing will be permanent, and WSFM intends to expand the Housing For All program beyond DC in the long term. 

“Millions of people with conviction or arrest records are routinely denied access to a safe place to call home because of their involvement with the criminal-legal system.”

Diane Yentel, President and CEO of the National Low Income Housing Coalition

Diane Yentel, President and CEO of the National Low Income Housing Coalition (NLIHC), delivered a report on the research that the Coalition has done on barriers to housing for justice-impacted people. Yentel explained that “millions of people with conviction or arrest records are routinely denied access to a safe place to call home because of their involvement with the criminal-legal system.” 

NLIHC has concluded that unless the US Department of Housing and Urban Development and Congress implement reforms for housing screening policies in addition to providing increased resources for accessible housing, increasing numbers of returning citizens will be left without access to housing due to nationwide efforts to reduce the prison population. 

Nuevelle reflected on her experience applying for a government housing voucher. She had been without permanent housing for a number of months, but it had not occurred to her until she was asked how long she had been homeless for that her time spent incarcerated also represented time she had spent without a home. In actuality, Nuevelle was homeless for five years. “When we are taking people and putting them in cages, there are so many collateral consequences,” she shared. 

The press conference included a panel discussion with returning citizens who have been impacted by the difficulty of finding housing. Some of the women had experienced difficulties with other housing programs, such as Kalynn Helton, a Local Facilitator for WSFM’s Sharing Our Stories Writing Group. 

Helton described her experiences with program facilitators going through her belongings as well as being housed with a roommate who was living in poor living conditions. Panelists also shared their experiences of substandard facilities within the Rapid Rehousing program. 

One panelist cited a lack of advocacy as a major issue facing returning citizens: “when you’re marginalized, those that have privilege will tell you that you should take whatever they give you.” Instead, WSFM wants to provide returning citizens with clean, independent living opportunities. 

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left to die

new report finds ten of thousands of people over fifty who are sentenced to life without parole face increasingly grim conditions

October 5, 2022
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D.C. Council votes in favor of new criminal code; state senators dispute D.A. Krasner impeachment; rising crime rates weaponized against reform candidates

justice from the frontlines: Nov. 7, 2022

new D.C. criminal code passes first vote

The D.C. Council unanimously voted to rewrite the city’s criminal code, but it must pass a second vote in two weeks time that is signed by the mayor in order to take effect. The bill contains reforms such as the elimination of most mandatory minimum sentences, the allowance of trial by jury in misdemeanor cases and a reduction in maximum penalties for certain offenses such as robberies. This reform would be the first “comprehensive modernization” of the code, according to Public Safety Committee Chair Charles Allen. The Washington Post (Nov. 1, 2022)

PA senators challenge Krasner impeachment

As crime rates in Philadelphia rise, State House Republicans have moved to impeach Philadelphia’s District Attorney, Larry Krasner. Dem. State Senators pushed back against this; Senator Art Haywood said that the concerns surrounding the rise in crime can be attributed to other factors including socioeconomic conditions and the availability of guns. Other state senators such as Democrat Nikil Saval support Krasner’s anti mass incarceration policies. Go Erie (Nov. 2, 2022)

weaponized crime rates

Republicans like New York gubernatorial candidate Lee Zeldin blamed rising crime on reform efforts by the Democratic state legislature. Zeldin criticized incumbent Governor Kathy Hochul for neglecting to do something about the “pro-criminal laws.” In reality, these laws consist of increased prisoner rights in the parole process, reduced juvenile incarceration rates and the elimination of cash bail for misdemeanors and non violent felonies. These policies coincided with the upheaval of the pandemic and necessary reforms cannot be blamed as an isolated cause for rising crime. NPR (Nov. 3, 2022)

prisons deny hunger strike 

On Aug. 22, individuals living inside maximum security prisons organized a hunger strike to protest unsafe living conditions. Inmates are experiencing mold exposure, which is causing painful lung problems. One inmate, Leonard Jefferson, who is incarcerated in Rhode Island Maximum Security Prison, described the living conditions as “the closest thing to hell on earth.” Jefferson estimated that over half of the maximum security population took part in the strike, but the Rhode Island Department of Corrections denied this, saying “there have been no actions to indicate a hunger strike.” Incarcerated people said this lack of acknowledgement makes it hard to prompt change. The Brown Daily Herald (Nov. 1, 2022)

justice reform pays off 

In 2017, Louisiana passed a series of criminal justice reforms. Some of these reforms included the lowering of mandatory minimum sentences and the shortening of the time period during which past convictions can be used to trigger the state’s harsh habitual offender legislation. Since 2017, the state’s prison population fell dramatically, with 2021 seeing 10,000 fewer people incarcerated than in 2016. To calculate financial savings, the prison population drop each month was multiplied by a per diem rate. Ultimately, the state saved approximately $150 million from implementing the reforms. The Louisiana Weekly (Oct. 31, 2022)

New Mexico buys private prisons

At a cost of $217 million in rent over the next 20 years, the state of New Mexico has recently acquired three private prisons under the leadership of Gov. Michelle Lijan Grisham. Presently, the population of incarcerated people is trending down while rent costs are trending up. New Mexico has historically relied on private prisons, with a report from the Sentencing Project finding that 45% of inmates were held in private prisons in 2020. Advocates of state control believe that the states can more closely monitor safety conditions inside. Others believe that the prisons should have been closed altogether. Searchlight New Mexico (Nov. 3, 2022)

justice still absent

Fifty years ago, two students at Southern University were killed during a campus protest. Denver Smith, who may have tried to make sure his sister was safe and Leonard Douglas Brown, who wondered what the crowd was gathered for, were killed by a deputy with no involvement during the protest. With the 50th year anniversary approaching after the shooting, a 10-month examination by the Louisiana State University Cold Case Project, provides a much clearer picture of one of the most troubling episodes in race relations in Baton Rouge. Louisiana Illuminator (Oct. 30, 2022)

prevention program failed 

In July 2021, Advance Peace, a gun violence prevention program, was supposed to launch in New York City but after months of poor planning and miscommunication, the program has been quietly scrapped. Devon Boggan, founder of Advance Peace, received calls from reporters to comment on the plans of the launch but this was news to him. Boggan typically gets involved early when a new city wants to use his model but it’s been more than 19 months since New York Officials have made progress. The Trace (Nov. 1, 2022) 

Gun cases dismissed 

Federal prosecutors expect to drop dozens of felony gun and drug cases involving officers on a violent crime squad in the D.C. An ongoing investigation raised questions of officers credibility because officers were seizing guns without making arrests, and possibly lying on reports. Due to this, seven officers in the 7th district in D.C. have been placed on administrative leave or desk duties. Bill Miller, a U.S. attorney’s office spokesman declines to say how many cases have been dismissed. The Washington Post (Nov. 1, 2022)

sentenced to life over $14

For two decades, David Coulson spent time in jail for stealing $14. At the time of the offense, in which he took change from an unlocked garage, he was living on the streets, struggling with drug addiction and mental illness. Despite his health crisis, Coulson had no violent crimes on his record, the judge ordered that he be locked up for life, saying he could be released after 35 years. Coulson was released last month. His release was unusual but his punishment was not. The Guardian (Nov. 2, 2022) 

guilty on sexual assault charges 

Federal prison transport guard, Rogeric Hankins, pleads guilty to violating detainee’s civil rights by sexually assaulting her, in court on Tuesday. Corporation, picking up people who were arrested for out-of-state warrants and transporting them back to the jurisdiction. Hanking picked up a victim from Olympia, Washington to take her to St.Paul, Minnesota and as he was transporting her, he stopped at a gas station in Joplin, Missouri, and took her in to use the bathroom and after that Hankin led her to the men’s bathroom and told her to go to the furthest stall from the door. No sentencing has been set, though Hankins faces up to 10 years in prison. Fox News (Nov. 1, 2022)

In other news, Hae Min Lee’s family again asked the Maryland Court of Special Appeals for redo of Adnan Syed hearing;

From the Des

in other news

Hae Min Lee’s family again asked the Maryland Court of Special Appeals for redo of Adnan Syed hearing

community board

Negotiating a Criminal Justice Bill Across Party Lines 

Opinion: Plea bargaining and mass incarceration go hand in hand. We need to end both

Editorial: The empire strikes back – against progressive prosecutors 

Archives of Resistance: The movement to end police violence has a rich visual history. In Brooklyn, a collective of volunteers is doing its part to preserve it

Reshaping Our Wanting: There is a place for desire in an abolitionist world — at least when desire is pleasure and love and freedom

download: automatically record your traffic stop

attend Abolish Mandatory Reporting and Family Policing, Nov. 10

We Need a New Paradigm to Halt the Unprecedented Growth of Electronic Monitoring

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Shaking off the dust

Shaking off the dust

The renewed Sentencing Commission has six months to amend years worth of outdated guidelines concerning the compassionate release of incarcerated individuals

Estelle Atkinson
Estelle Atkinson
Research and reporting intern at The Des

The United States Sentencing Commission returned to business after four years without quorum. The slate of entirely new Commissioners, an “unusual” yet “exciting” position for a federal agency to find themselves in, unanimously voted on Friday, Oct. 28, on the adoption of a list of priorities to be submitted to the federal register. Among these priorities are, crucially, the implementation of the First Step Act 2018 into the sentencing guidelines. 

The United States Sentencing Commission is a bipartisan judicial agency responsible for establishing and amending sentencing guidelines. With various circuit courts interpreting the guidelines as binding law, the Commission heavily impacts the state of nationwide criminal justice and sentencing reform. The Commission’s four year interruption has left the circuit court system in disarray. 

The most novel and important feature of the First Step Act 2018 was the allowance of incarcerated individuals to submit their own motions to the courts for compassionate release, without relying on the Bureau of Prisons to do so. This was a watershed moment in the history of sentencing reform; during the COVID pandemic, nearly 4,000 inmates were able to successfully apply for release. However, as the Act was never reflected in updated sentencing guidelines, judges in some circuit courts neglected to apply the guidelines to cases of compassionate release filed by individuals. 

The meeting began with a jolting reminder of the work that has to be done: the adoption of the minutes from the most recent meeting on Dec. 13, 2018. This passed unanimously and was followed by a report of the Commission Chair, Mississippi District Judge Carlton Wayne Reeves. Reeves was confirmed on Aug. 4 alongside his six fellow commissioners: Laura E Mate, Claire McCusker Murray, Judge Luis Felipe Restrepo, Candice C Wong, Judge Claria Horn Boom (joining by phone), and Judge John Gleeson (also joining by phone). 

"It will be up to the Commission to craft a new applicable policy statement which is aligned with The First Step Act. The Commission is faced with a decision of whether to maintain the discretion that many judges currently have to determine what constitutes extraordinary and compelling reasons, or to constrain it.”

Mary Price, General Counsel of FAMM Tweet

The second and only other item of the agenda was the vote to adopt and register the Commission’s proposed priorities into the federal register. These priorities will guide the Commission in the process of submitting guideline amendments to Congress, which must be done by May 1, 2023. The implementation of the First Step Act 2018 is at the top of the list. This is critical for individuals seeking compassionate release, but also for those looking to meet the “safety valve” criteria. 

The safety valve is a provision which allows certain incarcerated individuals serving mandatory minimum sentences to be released sooner than their sentence provides for. The criteria to be eligible for the safety valve used to be that individuals have no record of criminal history. The First Step Act changed this, allowing individuals with more than one criminal activity points to be eligible. 

Judge Reeves also named the implementation of the bipartisan Safer Communities Act as a priority. This firearm legislation was signed into law in July and would increase penalties for certain firearms offenses. He also acknowledged the conflicts occurring between circuit courts as something the Commission wants to resolve: “the likelihood of compassionate release motions succeeding [has depended[ on the circuit or district in which they were filed. This suggests courts could benefit from clearer guidance from the commission.” Some advocacy groups are concerned about the possibility that the Commission will limit judicial discretion moving forward. 

The tentative policy priorities were released to the public on Sept. 29, and the Commission received over 8,000 comments through the public comment deadline of October 17. Judge Reeves cited his gratitude for this “incredible” feedback. Among those to have submitted public comment on various policy points was FAMM (Families against Mandatory Minimums), a nonprofit advocating for sentencing and criminal justice reform. 

In their letters to the Commission, FAMM recommended the implementation of the FSA 2018 provision for individual compassionate release filing in addition to the maintenance of “judicial agility.” They stated,“now that defendants can file their motions directly in court, courts need the tools to be able to respond when confronted with extraordinary and compelling reasons not addressed in the policy statement.” 

In a public panel, General Counsel of FAMM, Mary Price, expressed, “it will be up to the Commission to craft a new applicable policy statement which is aligned with The First Step Act. The Commission is faced with a decision of whether to maintain the discretion that many judges currently have to determine what constitutes extraordinary and compelling reasons, or to constrain it.”

"I hope the Commission brings an open mind to the lessons of the past four years. Most notably, regarding compassionate release, that no guideline can fully predict the future, and yet judges have proven their ability to use their discretion in compassionate release motions to decide what is truly extraordinary and compelling.” 

Shanna Rifkin, FAMM’s Deputy General Counsel Tweet

FAMM’s Deputy General Counsel, Shanna Rifkin, told The Des: “I am pleased that the Commission has finalized the priorities. But now the real work begins in negotiating the contours of the amendments to the guidelines. The way these amendments shake out will significantly impact federal sentencing practices, and I hope the Commission brings an open mind to the lessons of the past four years. Most notably, regarding compassionate release, that no guideline can fully predict the future, and yet judges have proven their ability to use their discretion in compassionate release motions to decide what is truly extraordinary and compelling.” 

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Judge Reeves said that the Commission would work toward the May deadline in a “deliberative, empirically based, inclusive manner.” The Commission received and will take into consideration comments from District Courts, members of Congress, federal public defenders and criminal defense lawyers, the Department of Justice and Homeland Security and other executive agencies, dozens of advocacy organizations and probation officers and many individuals who are currently incarcerated and their families. 

Justice Reeves concluded his report saying that in the course of these considerations, the Commission “may disagree,” but “will not be disagreeable.” Following this meeting, final notice of the priorities will be entered into the federal register as the Commissioners continue work on the amendments.

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IN DEPTH

Overdose Deaths Behind Bars Rise as Drug Crisis Swells

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Doctor charged with prison manslaughter; New Bureau of Prisons Chief promises change; Manhattan DA prosecutes domestic violence victim he ran on protecting; Texas DA supports man on death row; LA kids prison investigation finds serious sexual and physical abuse

justice from the frontlines: Oct. 31, 2022

doctor charged for death of inmate 

A San Diego doctor has been charged with involuntary manslaughter for the death of Elisa Serna, a 24-year-old woman who collapsed in prison. A nurse who walked away from Elisa after she collapsed was also charged last November. Both medical professionals face accusations of criminal negligence as they failed to perform their full duty of care. A state auditor recently published a report revealing that San Diego County jails have one of the highest death rates in California. US News (Oct. 26, 2022)

prison chief promises reform

Colette Peters, the new Chief of the federal Bureau of Prisons, has pledged to enact reforms within the agency, including changes to hiring practices, increased transparency and accountability for employees who are guilty of sexually assaulting inmates. In her former role as Oregon’s prison director, Peters oversaw a decrease in Oregon’s prison population. Peters said she looks to hire prison staff who are interested in preparing inmates for reintegration into society. AP (Oct. 24, 2022)

nonviolent offenders stuck in cycle

A new investigation from The Marshall Project reveals that the majority of repeat defendants in Cuyahoga County’s court system are not violent offenders but rather people suffering from addiction and mental illness. Police in the area refer to these defendants as “career criminals,” but the problem is more complex than meets the eye. Data revealed that less than a third of cases involving repeat offenders involved a violent offense. Advocates are calling for alternatives to incarceration, as these individuals have fallen into a cycle of recidivism that is difficult to escape. The Marshall Project (Oct. 26, 2022)

district attorney switch-up

Then-candidate for Manhattan District Attorney Alvin Bragg took to Twitter to share his support for Tracy McCarter, a victim of domestic abuse who was charged with the murder of her violent ex-husband. After winning his election in November 2021, Bragg is now prosecuting McCarter despite having the power to drop her charges. Bragg cites plea deals he has offered McCarter and attempts to reduce her charges as signs of the understanding he once demonstrated on the campaign trail, but a Color of Change petition reveals that many people are disappointed in Bragg’s lack of legal support for McCarter. Jezebel (Oct. 26, 2022)

Texas DA believes Areli Escobar is innocent

A Texas State judge ruled that the scientific evidence which led to Areli Escobar being placed on death row is not accurate. District Attorney José P. Garza, despite initially wanting to defend Escobar’s conviction, reevaluated his case. When the Texas Court of Criminal Appeals took the case, Garza urged the court to give Escobar a new trial. His plea was unsuccessful, but Garza maintains Escobar’s innocence in advance of a potential hearing of the case by the Supreme Court. The allegedly mistaken DNA evidence had been crucial to the jury’s initial decision to convict Escobar. The New York Times (Oct. 24, 2022)

police reform stalled 

More than two years after the murder of George Floyd, violent crimes continue to increase causing police reform to be stalled. In the midst of the pressure, elected officials pledged sweeping changes to how officers operate and how they’re overseen. Elizabeth Glazer, one of New York’s leading experts on criminal justice, looked into why police reform has stalled. Glazer found that there’s a kind of built-in conservatism about the importance of maintaining the police and the movement coincided with rocketing rates of increase in shootings. She also found that “defund the police,” was really a lost opportunity. It was viewed as an existential threat to police departments and could’ve been a chance to reshape their roles in a way that focused on their core strengths and to begin to give back to other professionals the responsibility to deal with the homeless and mental illness. ProPublica (Oct. 24, 2022)

drug reform and diversion on ballot

The demands of a reform group in Hays County have become focal points in the upcoming DA race and a “Reeferendum” in Central Texas. The organization Mano Amiga has helped turn this November’s elections into a referendum on both marijuana decriminalization and pretrial diversion. Activists within the organization have gathered enough signatures to put a measure on the ballot this year that would end citations and arrests for possession of up to four ounces of marijuana in the city of San Marcos. After years of pushing for this to be on the ballot, the time has finally come. Local and state police unions haven’t taken a public position on this year’s referendum to decriminalize marijuana possession but they have endorsed Puryear, the GOP nominee to replace District Attorney Wes Mau. Bolts (Oct. 21, 2022)

missing and murdered

On Oct. 22, New Mexico had a Missing in New Mexico Day event in Albuquerque which was designed to bring law enforcement face-to-face with families searching for their missing loved ones. Two mothers, Rose Yazzie and Vangie Randall-Shorty talked directly with Raul Bujanda, the FBI special agent who leads the Albuquerque field office, and they outlined not only the timeline of the investigation but significant errors they’ve viewed during the process. Yazzie told Bujanda that it took the Navajo Nation Police more than two weeks to complete a missing report for her daughter and Randall-Shorty discussed months long delays in finding out the circumstances around her son’s death. They are both seeking information about their children’s cases but want law enforcement to come up with a strategic plan to find Missing and Murdered Indigenous Women and Relatives. Source NM (Oct. 24, 2022)

kids locked up and abused

An investigation into a juvenile facility that imprisons Louisiana children revealed over 60 suicide attempts in two years and over 90 escape attempts in the last three. One escaped girl hoped to be taken to a “big jail.” The escapes and suicides are a result of repeated physical violence, sexual assault and psychological torment, the investigation found. Despite years of documented failing, the state regulators have never fined or punished the facility or threatened its contracts. Local law enforcement was described as “largely dismissive” of sexual-abuse allegations. The New York Times (Oct. 30, 2022)

extension on localizing parole 

Back in July of 2020, D.C. Mayor Muriel E. Bowser asked Del. Eleanor Holmes Norton for legislation wresting control of the District’s parole system from the federal government. But today, D.C. remains in the same position with no agreement on a path forward for a new parole system. Congress had a closed-door meeting saying it would take about two years to get done. The holdup has an impact on Black D.C. residents, who data show are overrepresented in the parole system. The longer the delay, the more prison time can result for those in jail for technical violations, losing their jobs, housing and gains they may have made. The Washington Post (Oct. 25, 2022)

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Shapiro vs Mastriano: The future of Pennsylvania’s criminal justice system

Shapiro vs Mastriano: The future of Pennsylvania’s criminal justice system

The Des compares where the candidates for PA Governor fall on criminal justice

Estelle Atkinson
Estelle Atkinson
Research and reporting intern at The Des

Today, Pennsylvanians will cast their votes for the new State Governor. The state, and nation, has a close eye on the gubernatorial race. The role, currently occupied by Democrat Tom Wolf, consists of the enforcement of state laws in addition to the powers to convene the state legislature or approve or veto the bills it passes. A number of partisan issues, most prominently abortion rights statewide, will be definitively determined by this election. Also at stake is the future of Pennsylvania’s criminal justice system. On the ballot, voters will be presented with a choice for Democratic candidate Josh Shapiro or Republican candidate Doug Mastriano. In the swift run up to election day, The Des brings you a complete breakdown of how these two candidates compare on all-things criminal justice.

How can each candidate’s criminal justice policies be described in one sentence? 


SHAPIRO: Smart (and tough)-on-crime reformist

MASTRIANO: Heavy on prosecution, light (or non-existent) on reform 

 

Have the candidates promised criminal justice reforms?

SHAPIRO: Shapiro says if elected, he will pursue reform, something Pennsylvania is in “critical need” for. He describes the “false” choice between “public safety and common sense, comprehensive criminal justice reform” as something he refuses to accept.

MASTRIANO: Mastriano’s campaign website makes no promises for criminal justice reform. However, his voting history reveals he is in favor of police reforms. Read below for more information regarding Mastriano’s position on law enforcement and policing. His policy proposal does say he wants to strengthen certain regulations.

If so, what kinds?

SHAPIRO: Shapiro enacted several reforms as Attorney General. Read more below on how Shapiro’s past actions reflect his current promises. As Governor, Shapiro is proposing seven reforms he hopes to implement: 

  • Probation and reform parole: Shapiro cites the $101 million of taxpayer money that goes towards incarcerating people who have committed only technical violations, rather than new crimes. He wants to reinvest this money into different programs targeted at “getting violent criminals off our streets.”
  • Funding indigent defense: Shapiro wants to introduce state funding for legal representation for indigent Pennsylvanians, something he pursues in his previous role as Montgomery County Commissioner. Pennsylvania is currently the only state giving zero dollars to public defense programs. 
  • Opposing mandatory minimum sentences: Shapiro will continue to oppose this policy, which has not been in use in PA law since 2015. 
  • Reform of the “felony murder rule”: Shapiro says he will legislate against this rule so that those who have committed murder do not automatically receive a life sentence without the possibility of parole. 
  • Geriatric parole: Shapiro cites concern for both members PA’s aging prison population and for the taxpayer money that funds the consequent medical expenses. Given that inmates over the age of 65 have the lowest risk of recidivism, Shapiro wants to give elderly inmates opportunities to apply for geriatric parole. 
  • Abolition of the death penalty: Shapiro vows to never sign a death warrant and to legislate against the death penalty. 
  • Legalizing marijuana: Shapiro wants to legalize recreational marijuana and expunge the records of anyone serving time for nonviolent marijuana charges. He says he will allocate the funds from incurrent tax benefits to support minority ownership within the marijuana industry. 


MASTRIANO: Mastriano has not promised reform; he does want to “keep violent criminals behind bars where they belong” and “strengthen penalties for repeat offenders and those convicted of violent crime.”

Have the candidates made policy choices that will have an indirect effect on criminal justice?

SHAPIRO & MASTRIANO: Pennsylvania, and specifically Philadelphia, has long been an arena for a phenomenon known as the school-to-prison pipeline. The pipeline reflects the movement of children, usually from underfunded schools, into the juvenile justice system. Interestingly, both candidates have stated they will implement similar educational policies. 

 

Both candidates want to either increase school funding or ensure “well-funded schools,” respectively. School funding increases can have a positive effect on narrowing the school-to-prison pipeline. However, both candidates want to introduce a policy of school choice, which would allow parents to choose the public institution they would like their children to attend, rather than being limited geographically. This could have an adverse effect on educational inequality and the school-to-prison pipeline, as school choice policies have been correlated with increased inequality between schools. 


What are the candidates’ views on law enforcement and policing?

 

SHAPIRO: Shapiro is pro-police and wants to hire more police officers throughout Pennsylvania. He describes his position as two fold: Pennsylvanians have a right to “be safe and feel safe.” Shapiro says that being safe represents the need for increased law enforcement presence, but feeling safe refers to the need that all citizens feel that the police will keep them safe regardless of factors like race. In a campaign launch press conference, Shapiro says he will ensure people feel safe through seeing “police that are from the community, that are properly trained, that work hand in hand with our community groups to keep us safe, and that understand they’ve got to get out of their patrol cars, walk the beat, learn the names of our children and talk to the people who really run the neighborhood.” Shapiro does not provide concrete policy choices which would ensure that his new camp of police officers would work with community groups to prevent abuse by police. His campaign website says Shapiro is calling to “immediately hire officers to fill open roles, and invest in recruitment and training to ensure you can count on law enforcement to respond in an emergency.” 

 

MASTRIANO: Mastriano’s campaign website says he will “support law enforcement by ensuring they have adequate funding,” and that he “won’t hesitate to assist local law enforcement with State Police and National Guard to protect law-abiding citizens and businesses during periods of mass unrest and riots.” Mastriano was photographed in attendance at the January 6 insurrection, but claims to have left before the riot broke out. While Mastriano does not outline any concrete policing policies, as a Pennsylvania House Representative, he voted in favor of three bills pertaining to policing. HB 49 authorized that school police may make arrests on school premises; SB 1205 prohibited the use of police chokeholds; HB 1910 established new training requirements for police officers. These requirements include training on interacting with individuals of diverse racial, ethnic and economic backgrounds; implicit bias training; recognizing and reporting child abuse; and annual training on the use of appropriate force. 

 

How will the candidates allocate funding for the justice system? 

 

SHAPIRO: Shapiro’s proposed policies include increased funding for police training and the “appropriate” funding for police more generally. He also wants to allocate more state funds towards indigent defense, or criminal defense services such as public defender programs. His criminal justice plan includes the funding of mental health and various other specialty courts to try those suffering from mental illnesses. 


MASTRIANO: Mastriano’s plan entails the provision of “adequate” funding for law enforcement. He also says he will support funding for “additional prosecutors in high-crime areas.”

What crimes are the candidates paying special attention to? 

 

SHAPIRO: As Attorney General, Shapiro took a special interest in “ghost guns.” He wants to close a loophole in the law that renders these “ghost” guns untraceable. Ghost guns are made when separate parts are purchased and then assembled. Shapiro investigated this phenomenon by sending an agent to a suburban Philadelphia gun show, where he was sold a ghost gun kit, assembled it, fired it, and took it back to New York. 

 

MASTRIANO: Mastriano has not explicitly focused his policy proposals on any one crime. Notably, he does want to criminalize abortion (read more below) and ban chartered flights or busses into Pennsylvania with “illegal immigrant passengers.”

Actions speak louder than words. How have the candidates already shown how their policies might be implemented?

SHAPIRO: Shapiro’s background is in law; he has served as Pennsylvania’s Attorney General since 2017. The Pennsylvania Government website defines Josh’s previous role as Attorney General as having the responsibility “to represent victims of crime and abuse; defend individual rights; and hold the most powerful interests accountable to the law when they rip off or harm Pennsylvanians.” In his own words, as AG Shapiro “enacted bail reform for non-violent and low-level offenses,” “led the bipartisan coalition to create a statewide Police Misconduct Database,” and “directed our Agents to stop using chokeholds and end the use of no-knock warrants.”

 

When he served in the Pennsylvania House of Representatives (2005-2012), Shapiro voted YES for: 

  • Establishing the Special Juvenile Victim Compensation Fund HB 2572 06/30/2010
  • Expungement of Criminal Records and Juvenile Records HB 264 07/14/2009
  • [Intellectual disability] consideration in murder cases HB 698 06/12/2006

 

MASTRIANO: Serving in the Pennsylvania Senate since 2019, Mastriano has voted YES for: 

  • Prohibition of premature release of an individual who has committed a violent offense while imprisoned HB 146 07/06/2022
  • Increased penalties for fleeing the police on foot SB 814 10/26/2021
  • Established new guidelines to reduce probation sentences SB 14 07/15/2020
  • Establishes new training requirements for police officers HB 1910 06/30/2020
  • Prohibits use of police chokeholds SB 1205 06/24/2020
  • Authorizes school police to make arrests HB 49 11/21/2019 

 

How do the candidates address inequalities within the justice system?

SHAPIRO: On his campaign site, Shapiro says “we must address the reality that Pennsylvania’s justice system disproportionately impacts people of color.” Black residents make up 12% of the state population yet account for 46% of incarcerated people. Shapiro offers a vague solution of investing in public safety while “pursuing smart criminal justice reform that will address those inequities, restore trust, and make our communities safer.” See above for more information on Shapiro’s proposed reforms.

MASTRIANO: Mastriano does not mention inequalities within the justice system.

Are any policy points surprising?

SHAPIRO: Shapiro’s hard-on-crime stance is not standard for a democratic candidate. Recent polls have shown that the majority of voters prefer Republicans over Democrats when it comes to fighting crime and maintaining public safety. Shapiro’s approach may distance him from the rest of his party, but counters the idea of Democrats as weak on crime.

MASTRIANO: While not conceptually surprising, Mastriano’s pro-life stance is extreme. Mastriano is vehemently anti-abortion and has urged murder charges for who women who violate abortion bans. He introduced a Heartbeat Bill which would prohibit abortion from the moment a fetal heartbeat was detected, which would criminalize women and doctors who violate it. 

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May 27, 2022
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Bail industry gets away with murder, costing defendants and citizens alike

Bail industry gets away with murder, costing defendants and citizens alike

New study reveals bail bond companies profit off of defendants yet often rely on law enforcement to do their job

Estelle Atkinson
Estelle Atkinson
Research and reporting intern at The Des

Analyzing multi-jurisdictional evidence and research, the Prison Policy Initiative has released a report showing that the commercial bail industry exploits legal loopholes in order to avoid paying forfeiture when defendants fail to appear in court. The report, written by Wendy Sawyer, indicates that this lack of accountability is an issue in at least 28 states and argues that the problem is in fact likely nationwide due to flaws inherent in the industry at large.

The Initiative identifies six major loopholes that allow bail bond companies to discharge their duty to ensure court appearance to local law enforcement, meaning that it is not just the defendant who is paying but also the taxpayer. The full amount of the bond is intended to be forfeited by bail companies to the courts in cases of non-appearance, but collated data shows that this is rarely the case. The Prison Policy Initiative deems the system to be “broken,” advocating instead for alternatives to cash bail programs.

Bail bond companies in California accumulated debts from unpaid forfeiture fees totaling between $100 million and $150 million statewide from 2001-2004

Notably, bail bond companies in California accumulated debts from unpaid forfeiture fees totaling between $100 million and $150 million statewide from 2001-2004. More recent analysis in a 2016 Santa Clara Law writeup found that at a minimum bail companies should be forfeiting ‘tens of millions’ of dollars to California counties.

The process of forfeiture triggered by a failure to show is long, and the report identifies six loopholes that have both legal and practical grounding and allow bail companies to avoid payment. The first loophole is mechanical: local officials frequently do not pursue forfeiture payments due to the complex bureaucracy required. When officials do pursue forfeiture, bond companies are granted a second loophole in the form of a long grace period and a third in the form of very strict deadlines. 

The fourth loophole results from a practice known as “‘double supervising.” Defendants who have posted bail will also be supervised by pretrial services mandated by courts. This means that the bail bond companies who are meant to ensure appearance in court can shed this duty, relying instead on tax-funded pretrial services to do so. 

The fifth loophole is present in the majority of states in the form of legislation allowing bail bond companies to seek remission on their payments. So, even where bond agents do pay forfeiture fees, they may be able to get it back. The report cites a Florida audit, which found that 23 out of 25 cases in which a bail company paid its fees only after the grace period had already elapsed were still given remission. 

In 2017, an investigation was published indicating that six NYC bail bond companies were using fake trade names in order to continue operations without being shut down by state officials for large amounts of debt. The ability of agencies to continue to profit off of the bail system despite state laws that allow officials to suspend agencies owing large sums of money is the sixth loophole emphasized by the report. 

The report cites a Florida audit, which found that 23 out of 25 cases in which a bail company paid its fees only after the grace period had already elapsed were still given remission. 

The streamlining of various research projects into identification of these six loopholes prompted the Prison Policy Initiative to conclude that both the current law and procedural practice absolve bail bond companies of responsibility when defendants do not appear in court but give them credit when they do. The report paints a picture of a collective, exploitative industry operating regularly in more than 40 states. 

The Initiative ultimately recommends that the traditional cash bail system be abandoned and replaced with a non monetary system. This would involve providing all defendants with pretrial support where appropriate. 

At an institutional level and in order to prevent the phenomenon of “double supervision,” the report says that pretrial service agencies should stop supervising defendants who have been released on cash bail. A stricter adherence to consumer protection law by bail bond companies, meaning that agents would follow policy guidelines that are currently being ignored, is also stressed. 

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