By  Mia Bird, Omair Gill, Johanna Lacoe, Molly Pickard, Steven Raphael and Alissa Skog

Sentence enhancements are used to add time to an individual’s base sentence. California uses over 100 unique enhancements. This report analyzes data from the California Department of Corrections and Rehabilitation (CDCR) to understand the role of sentence enhancements in California’s corrections system. It finds that enhancements lengthen average sentences and are more likely to impact the sentences of men and Black and American Indian people who are sentenced to prison, application varies by county, and that enhancements contribute to the overall size of the state prison population. KEY FINDINGS • Prevalence: Roughly 40% of individual prison admissions since 2015 have sentences lengthened by a sentence enhancement. Among the currently incarcerated, the prevalence of enhanced sentences is much higher, impacting the sentences of approximately 70% of people incarcerated as of 2022. • Sentence length: Sentence enhancements increase the average sentence by roughly 1.9 years (or 48%) for all admissions. The impact is larger for people receiving longer sentences. • Four enhancement types account for 80% of sentence years added since 2015. Those four enhancements include the state’s Three Strikes law, firearm enhancements, the nickel prior (which adds five years for a prior serious offense), and gang enhancements. • Racial, ethnic, and sex disparities: Sentence enhancements are more likely to be applied to men. Black people and American Indian individuals are the most likely to receive enhanced sentences, followed by Hispanic people, White people, and Asian or Pacific Islander people. • Potential drivers of disparities: Most, but not all, of the inter-racial and inter-sex disparities in the use of enhancements can be explained by group-based differences in case characteristics observable in CDCR data, including the number of prior prison commitments, the number of conviction charges, the most serious conviction offense, and the county of sentencing. • County variation: Enhancements are applied unevenly across California counties, with the lowest application rates in Bay Area counties and Southern California coastal counties, and the highest rates among far Northern counties, the counties in the Central Valley, and Inland Empire counties.   

Los Angeles: California Policy Lab, 2023, 57p.

By Cody Zoschak and Cosima von Moltke

This policy brief discusses the need to implement disengagement and reintegration programming for ISIS arrestees in the US penal system, a need that is particularly urgent given the number of such convicts that are expected to be released in the coming years. The brief examines six case studies of recently released ISIS arrestees to highlight the lack of disengagement from extremist ideology. The report explores deradicalization frameworks, existing programs, and limitations, and provides policy recommendations to improve reintegration. The six cases include Yousef Ramadan, Ali Shukri Amin, Sebastian Gregerson, Charlton LaChase, Mohammed Hamzah Khan, and Islam Natsheh; all of whom were released and promptly reincarcerated, either on new charges or for violating their parole. The policy recommendations emphasize programs inside federal and state penal systems, collaboration between law enforcement and civil society actors, and post-release support outside the scope of probation. The suggested policies are built to mitigate the risk of recidivism and are needed for the dozens of ISIS convicts who are scheduled to be released in the coming 3-5 years. 

London: Institute for Strategic Dialogue (2024), 19p.

By Malore Dusenbery, Joshua Fording, and Jennifer Yahner with Jeanette Hussemann and Robbie Dembo  

Victims of crime can experience serious harm and face significant costs with long-term implications for their economic security and safety. From 2022 to 2024, the Urban Institute and NORC at the University of Chicago conducted a National Study of Victim Compensation Program Trends, Challenges, and Successes, which included evaluations of four state crime victim compensation programs. This brief summarizes our evaluation of Delaware’s victim compensation program to understand its utilization and professionals’ and victim claimants’ perspectives on its ability to meet victims’ needs. We conclude that the Delaware compensation program is well-respected by and connected to providers in the community and provides valuable benefits to victims in a mostly efficient, effective, and responsive way. Program staff and assistance providers noted great improvement in the program’s functioning since it switched from oversight by a board to the current structure that standardizes decision-making by investigative staff. Being located in the state’s Department of Justice allows for efficiency with legal system agencies, though it may increase distrust among some communities. The compensation program recently enacted several major changes to improve its comprehensiveness, efficiency, and accessibility; these included introducing an online application and portal, removing the statutory cap on the number of program staff, and changing the contributory conduct policy. While we saw some effects of these changes in the data, we encourage the program to identify the effects of these changes through ongoing assessment (particularly effects on racial disparities for Black and Hispanic claimants) and to find new areas for improvement. Many disparities in the data related to race and gender are attributable to differences in the crimes experienced and reported by different racial and gender groups, which receive different amounts of compensation. Future research could dive deeper into these findings to better understand these patterns. The professionals interviewed also suggested that further legislative changes be made to law enforcement cooperation requirements to more consistently address differences in denial rates for groups with greater distrust of the legal system. Professionals in the compensation program and providers in the community offered recommendations for improving Delaware’s victim compensation program regarding victim awareness and accessibility, program staffing, compensation coverage, and program funding. A number of additional recommendations focused on policy changes to the compensation program’s coverage. In general, compensation staff and assistance providers we interviewed would like to increase many of the amounts covered in response to rising costs. They would also like to see the program include other costs and crimes, such as mental health benefits for witnesses of homicide or mass casualty events, more coverage for attorneys’ fees and damaged or stolen goods, or mental health care for past trauma triggered by the covered crime. Many of these findings and recommendations align with those emerging nationally in conversations about how to improve victim compensation programs. We are grateful that programs such as Delaware’s remain open to evaluation and eager to understand how to continue expanding and improving their accessibility, responsiveness, and compensation coverage to provide meaningful benefits to victims in need.

Washington, DC: Urban Institute, 2024. 23p.

By Florida International University and Loyola University Chicago

Diversion is increasingly used by prosecutors in the United States. As an alternative to formal prosecution, diversion programs provide opportunities to avoid conviction, address substance use and mental health needs, and maintain employment and community ties. However, the diversion process can be a source of racial and ethnic disparities. Who gets diverted and who completes diversion successfully has a lot to do with income. Irrespective of skin color, poor individuals are disadvantaged for a variety of reasons, ranging from the quality of legal advice to hefty fees. While we acknowledge that diversion differences can stem from socioeconomic factors, this report focuses specifically on how race and ethnicity influence diversion decisions.

Miami: FIU; Chicago: Loyola University Chicago: 2021. 26p.

By Scrutinize

State court judges play a crucial role in upholding constitutional protections that safeguard individuals from abuses such as unlawful stop-and-frisk, coerced interrogations, and warrantless searches. However, judges' interpretations and applications of these rights vary significantly, affecting both individual defendants and the broader community's interactions with law enforcement. This report introduces a new metric for assessing judges: Failure to protect constitutional rights against law enforcement overreach. We analyze appellate decisions to identify cases where trial court judges ruled that officers acted constitutionally in obtaining evidence, but were overturned by higher courts. Using examples from suppression reversals and other sources, we suggest that some suppression reversals not only indicate a pattern of failing to protect constitutional rights, but may also reveal a trial court judge's bias toward law enforcement. Our new analysis enhances transparency in the judicial system, empowers New Yorkers with crucial insights about the judges serving their communities, and provides decision-makers with valuable information.

Key Findings:

1. Ninety-five judges had multiple suppression decisions reversed between 2007 and 2023.

2. Approximately 38% of the reversals (153 cases) were dismissed because of a finding that the trial court judge erred in denying suppression, suggesting that some New Yorkers may have been wrongfully incarcerated due to unconstitutionally obtained evidence.

3. An additional 69 cases were overturned due to judicial errors that limited or prevented constitutional scrutiny of law enforcement actions.

Recommendations:

1. New York's court system should increase transparency by releasing all trial court judges’ suppression rulings along with hearing transcripts.

2. New York’s court system should publish annual reports containing summary data on suppression proceedings, outcomes, and other pertinent information.

New York: Scrutinize, 2024. 24p.

By Washington State Statistical Analysis Center

This project seeks to discover whether exclusionary discipline and later criminal justice system involvement are associated, and to determine whether race, sex, and homelessness are confounding factors. The Washington Statistical Analysis Center (SAC) applied for and received the 2018 State Justice Statistics Grant from BJS. Among other projects, the SAC sought the grant to evaluate the connection between a student’s exclusionary discipline and their future justice system involvement in Washington. This evaluation connects data from schools and the courts to assess the strength of this relationship and examine the influence of other factors (such as race, sex, and homelessness). Here are some of the main takeaways from this report: • Students identified as male were more than two times as likely to be associated with postgraduate convictions as compared to their female counterpart. • Students with any homelessness were 1.7 times as likely to be associated with a post graduate conviction than student with no record of homelessness. • Students identified as American Indian or Alaskan Native were more than two times more likely to have a post-graduate conviction than students identified as other races • Students identified as Black/African American had at least one exclusionary discipline event (25.1%) at nearly twice the proportion of the cohort average (13.6%), with students identified as American Indian/Alaskan Native and Hispanic/Latino not far behind. • Results should be interpreted with caution. 

Olympia, WA: Washington STate Statistical Analysis Center, 2022. 11p.

By Katie Hunter https://orcid.org/0000-0001-7811-5666 k.hunter@mmu.ac.uk, Claire Fitzpatrick https://orcid.org/0000-0003-4662-2342, […], and Julie Shaw

In 2018, the National Protocol on Reducing Unnecessary Criminalisation of Looked-after Children and Care Leavers was published in England. The protocol represented national recognition of the issue and called for local authorities to implement their own agreements. However, the protocol was given no statutory status, which immediately raised questions about its potential impact. Drawing on analysis of 36 local protocols from across England and Wales, this article explores the challenges and possibilities of using local agreements to divert children in care and care leavers away from formal justice systems contact.

Youth Justice Volume 24, Issue 1, April 2024, Pages 53-69

By Martin Shaw

Political Racism conceptualizes a distinctive form of racism – intentional, organized hostility mobilized by political actors – and examines its role in the Brexit conflict and in the rise of a new nationalist politics in the UK. In a compelling analysis the book argues that Powellite anti-immigrant racism, reinterpreted in numerical terms, was combined with anti-East European and anti-Muslim hostility to inform the Vote Leave victory. This type of racism, which has a special significance in societies where racism has been delegitimized, is shown to have further shaped the form of EU withdrawal and also the government’s post-Brexit policies.

Newcastle upon Tyne,  Agenda Publishing Limited, 2022. 184p.

By  Leslie M. Barnard, Megan McCarthy, Christopher E. Knoepke, Sabrina Kaplan, James Engeln and Marian E. Betz,

Background: Extreme Risk Protection Orders (ERPOs) are a relatively new type of law that is being considered or implemented in many states in the United States. Colorado’s law went into effect on January 1, 2020, after significant controversy and concern over the potential misuse of the law to confiscate weapons; many (n = 37 of 64) counties declared themselves “2nd Amendment (2A) sanctuaries” and said they would not enforce the law. Here, we reviewed the patterns of use of the law during its first year. Methods: We obtained all court records for ERPO petitions filed between January 1 and December 31, 2020. Data elements were abstracted by trained staff using a standardized guide. We calculated the proportion of petitions that were approved or denied/dismissed, identified cases of obvious misuse, and examined patterns by 2A county status. Finding and results: In 2020, 109 ERPO petitions were filed in Colorado; of these, 61 were granted for a temporary ERPO and 49 for a full (year-long) ERPO. Most petitions filed by law enforcement officers were granted (85%), compared to only 15% of petitions filed by family or household members. Of the 37 2A sanctuary counties, 24% had at least one petition filed, versus 48% of non-2A sanctuary counties. Across the 2A counties, there were 1.52 ERPOs filed per 100,000 population, compared to 2.05 ERPOs filed per 100,000 in non-2A counties. There were 4 cases of obvious law misuse; none of those petitions resulted in an ERPO or firearm confiscation. Conclusion: State-level studies suggest ERPOs may prevent firearm injuries. Robust implementation, however, is critical for maximal effect. Understanding ERPO experiences and challenges can inform policy creation and action in other states, including identifying how best to address concerns and facilitate evaluation.

Inj. Epidemiol. 2021 8(59)     

By The Bureau of Justice Assistance and Office of Community-Oriented Policing Services

In the wake of the COVID-19 pandemic, a tightening labor market, heightened community frustration with the policing profession, and concerns about officer safety and well-being, law enforcement agencies across the country face a historic crisis in recruiting and retaining qualified candidates. SocAs agencies continue to seek innovative ways to attract qualified potential candidates and retain current staff, the crisis demands an immediate and effective response to ensure that law enforcement agencies can maintain staffing levels sufficient to support their communities’ public safety needs. Addressing these issues may necessitate the reexamination of agencies’ foundational organizational structure and processes to more clearly and easily meet the needs and expectations of both law enforcement and the community. In response to this situation and recognizing that the way law enforcement professionals are recruited and retained has a major impact on violent crime reduction, overall public safety, and community trust—Attorney General Merrick Garland identified law enforcement recruitment and retention as a U.S. Department of Justice priority and directed the Office of Justice Programs’ Bureau of Justice Assistance (BJA) and the Office of Community Oriented Policing Services (COPS Office) to hold a convening. On April 18, 2023, a group of more than 30 law enforcement and community leaders from across the country met in Washington, D.C., to discuss existing best practices and emerging and transformative solutions designed to address current staffing challenges. In addition to command staff and other law enforcement leaders from key stakeholder associations, other new vocal and innovative leaders were in attendance to assist in designing a national solution. As Associate Attorney General Vanita Gupta noted in her opening remarks, the issues of recruitment and retention are among the most important faced by federal, state, local, tribal, and territorial law enforcement agencies across the nation, regardless of size or location. The agenda was driven by information obtained from the participants during brief interviews conducted before the event and designed to promote meaningful, actionable discussion. This publication represents the outcomes of the convening, focusing on both short-term strategies and long-term solutions identified by participants, who shared examples of streamlining and modernizing the hiring process, incorporating technology, updating requirements, and increasing accessibility; discussed marketing strategies designed to attract service-oriented candidates; examined existing and potentially new benefits and incentives, including a focus on employee wellness and mental well-being, to entice current employees to stay; and addressed the need for transparency and accountability throughout the hiring and employment process to promote public confidence. While there is no one-size-fits-all solution for the law enforcement recruitment and retention challenges, agencies are encouraged to consider adopting strategies contained herein as they pertain to their situations.                                                                                                                                                               

Washington DC:  Bureau of Justice Assistance and Office of Community Oriented Policing Services, 2023. 60p.

By Michael Johnson, Jr.

The use of criminal legal fines and fees to fill state and local budgetary gaps has deep roots in a history of anti-Black racism. That history is evident in Washington, DC where the regressive nature of these financial obligations and the high costs of incarceration criminalize, extract wealth, and create collateral consequences that disproportionately impact Black and low-income communities. This report details the harms of fines and fees in DC’s criminal legal system, particularly for those unable to pay, and the perverse incentives created by using fines and fees to fund core government services. The authors use interviews with four formerly incarcerated DC residents to highlight the need for systemic reforms and provide recommendations to mitigate these harms in DC.

Key Findings:

• In federal BOP facilities, people who do not make payments towards their fines lose privileges such as access to commissary spending, denial of higher pay opportunities for work assignments, and denial of drug treatment and community-based programs.

• D.C residents can be incarcerated for up to a year for unpaid court financial obligations.

• The DOC and BOP require anyone with outstanding financial obligations to pay their debt in full as a condition of release, and failure to do so can result in re-incarceration.

• Revenue from Mayor Bowser’s addition of 342 traffic cameras in 2023 is expected to double between fiscal years 2024 and 2025.

• Criminal fines range from $100 for minor offenses to $125,000 for offenses punishable by 30 years or more.

• Workers in local DOC facilities earn up to $.50 per hour; a 15-minute phone call is more than double the hourly earnings for someone incarcerated in local DOC facilities.

• DOC charges a 9 percent surcharge on all commissary goods — on average, generating over $2 million annually between 2018 and 2023. 

• The work release program in DC requires incarcerated workers to pay fees on their wages, effectively functioning as a 20 percent income tax.

Recommendations:

• Improve transparency by investing in data systems that can collect, coordinate, and report on criminal fines and fees.

• Eliminate incarceration and supervision-related fees.

• Provide economic support for those with criminal legal involvement and their families.

Washington, DC: The DC Fiscal Policy Institute, 2024. 33p.

By Wilmington City Council

Lower-income residents in Wilmington face financial hardship as the costs and fees from the city rise. In 2022, the Wilmington City Council created the Fines and Fees Task Force to review fees, fines, and administrative sanctions imposed by all departments and recommend reforms for fairness. The task force found that generating revenue from fees and fines is inefficient and that the city’s financial department expenses, which process tickets, have increased by nearly $7 million over the past 20 years. Additionally, water bill fees have risen significantly, with Wilmington residents covering costs for a neighboring county and the city increasingly using the Water/Sewer Fund to pay for general expenses. With 1 in 4 Wilmington households earning less than $25,000 annually, the city’s reliance on fines and fees disproportionately impacts those least able to pay. The task force recommends revising the city budget to better align revenue sources with the ability to pay.

Key Findings:

• Most cities, like Wilmington, generate less than 1 percent of their general revenue from fines; in 2022, Wilmington generated 4.4 percent.

• Wilmington’s revenue from fines and forfeitures rose from 2.8 percent in 2004 to 4.4 percent in 2022.

• From 2018 to 2022, Wilmington issued over 450,000 parking and red light tickets.

• From 2018 to 2022, Wilmington issued about $42 million in parking and red-light tickets; nearly 25 percent went uncollected, 50 percent was paid to Conduent for managing the red-light program, and 20 percent went to the parking division.

• Conduent receives a 30 percent commission on all revenue from booting.

• In 2022, the city’s Water/Sewer Fund spending on other departments increased by 43 percent, paying $7.5 million in city expenses. 

• Almost 30 percent of residential water/sewer customers are delinquent on their water bills.

Recommendations:

• Stop harmful collection practices such as ending the practice of towing and booting cars for delinquent payments and adding penalties to people who can’t pay because of limited income. 

• Revise vendor contracts to reduce harm and reduce costs.

• Adjust fees to cover only the costs of providing the service.

Wilmington DE: Wilmington City Council, 2024. 19p.

By  Aravind Boddupalli, Susan Nembhard, Michael Karpman, and Sarah Morriss

Fines and fees can impose heavy burdens on those who come into contact with the criminal legal system. Using nationally representative data from the Urban Institute’s 2023 Well-Being and Basic Needs Survey, we examined the prevalence of fines and fees among nonelderly adults’ households, including the types of violations resulting in fines and fees, the populations impacted, and the consequences of these costs. About one in six adults incurred fines and fees in 2023, largely from traffic or parking tickets. Court or incarceration-related fines and fees disproportionately affected people of color and those with low incomes. Compared with adults who only incurred costs from traffic or parking tickets, those with court or incarceration-related fines and fees faced higher amounts charged, greater financial strain to make payments, and a higher likelihood of adverse consequences for being unable to pay, such as driver’s license suspensions, additional fees, or time in jail. They also faced higher rates of food insecurity and other material hardships. Our findings contribute to the growing evidence base on the impacts of fines and fees on family well-being.\

Washington, DC: Tax Policy Center, 2024. 23p.