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Legislation

This map shows those states that do or do not have laws prohibiting the sexual abuse of individuals under community corrections supervision.

State Criminal Laws Cover

This map shows those states that do or do not have laws addressing the issue of consent in a relationship between staff and inmates.

State Criminal Laws Cover

This is the place to look for significant pretrial legislation enacted by states starting in 2012. You can search by topic, state, keyword, status (adopted, enacted, override pending, pending, and to governor), bill number, year, and author. Topics are: Bond Forfeiture and Conditions Violations; Budget, Oversight, and Administration; Citation in Lieu of Arrest; Commercial Bond Regulation; Conditions of Pretrial Release; Court Guidance for Release Determinations; Diversion Programs; Eligibility for Pretrial Release; Pretrial Services and Programs; Risk Assessment; Specialized Populations; and Victim Protections and Policy.

State Pretrial Release Cover

"The Affordable Care Act (ACA) is expected to help lower county jail healthcare costs, reduce recidivism, and create healthier individuals, families and communities partly because of provisions for expanded Medicaid eligibility and other healthcare affordability measures available to previously uninsured populations, including the offender population in county jails. This guide is meant to help Sheriffs and County Jail Administrators consider practical strategies and suggests steps that support cost savings while producing other benefits through the implementation of healthcare enrollment protocols, education of the inmate population, enrollment assistance and facilitation of the application process upon inmate release" (p. i). Sections of this brief are: why you should implement an ACA plan; some of the expected benefits of provisions of the ACA to county jails and their communities; Step 1—assemble the team and lead from the top; Step 2—determine offender needs/scope; Step 3—develop a screening process and related forms; Step 4—Limited Durable Power of Attorney; Step 5—hire Enrollment Specialists; enrollment reminders; Step 6—educate offenders; inmate program—Healthy Living; Step 7—train and educate staff, and draft procedures; Step 8—track, measure, report (and refine); and facts about the ACA.

The Affordable Care Act Cover

“This brief provides an overview of the implications of the ACA [Patient Protection and Affordable Care Act] for adults involved with the criminal justice system, as well as information about how professionals in the criminal justice field can help this population access the services now available to them” (p. 1). Sections of this publication cover: the opportunity to increase access to community health for offenders by removing financial barriers to obtaining health insurance; what ACA means to people involved with the criminal justice system—the range of provisions relevant for offenders; the “individual mandate” of ACA—the prescribed minimum level of health insurance; and the role of criminal justice agencies—determine eligibility, facilitate enrollment, and collaboration. The preparation of Illinois for the newly eligible correctional population for Medicaid is also highlighted.

The Implications of the Affordable Care Act on People Involved with the Criminal Justice System Cover

"The Patient Protection and Affordable Care Act (ACA) provides an historic opportunity for millions of low-income individuals to obtain insurance coverage for their physical and behavioral health care needs. For the last several years, diverse behavioral health advocates, health care providers and community-based prevention organizations, have worked to understand the implications of the ACA on the justice-involved population. Much of the conversation has been centered on the disproportionately high rates of physical and behavioral health care needs amongst this previously uninsured population … Access to treatment services through the ACA at pretrial decision points creates a notable opportunity to interrupt the cycle of crime exacerbated by chronic physical and behavioral health issues" (p. 1). This publication provides a general idea of what the ACA entails and explains how it can be used with pretrial detainees. Sections contained in this document include: an overview of the ACA; the major opportunities it can provide for pretrial justice; ACA as the front door to coverage; and a call to action for pretrial services—actively represent pretrial in collaborative planning efforts, develop a plan for screening and enrollment, and begin addressing larger policy questions.

The Patient Protection and Affordable Care Act and the Pretrial System: A "Front Door" to Health and Safety Cover

Health insurance options available through the Affordable Care Act (ACA) offer new opportunities to enroll individuals involved in the criminal justice system into coverage and provide access to physical and behavioral health services critical to their successful reentry into the community. Many individuals involved in the criminal justice system are now eligible for Medicaid under the ACA, including many young, low-income males who did not previously qualify for Medicaid. With one exception, federal law prohibits using federal Medicaid funds to pay for medical care provided to incarcerated individuals. However, Medicaid enrollment processes can begin prior to an individual’s release from incarceration, as there is no federal prohibition on incarcerated individuals being enrolled in Medicaid and federal law requires states to permit individuals to apply for the program at any time. Drawing on interviews with state officials, this toolkit highlights the efforts of selected states [Colorado, Illinois, New Mexico, Ohio, Rhode Island, Washington, and Wisconsin] to enroll in health coverage individuals involved with the criminal justice system. The toolkit is designed to provide state officials with actionable information about policies and practices available to connect justice- involved individuals to health care coverage through Medicaid." Access is provided to the sections of the Toolkit: the ACA, Medicaid, and justice-involved individuals; policy and process changes; enrollment as part of pre-release planning; post-release outreach; beyond eligibility and enrollment strategies; cross-agency coordination and partnerships; looking forward—future issues to address; state-specific strategies; Webinar: "Corrections and Medicaid Partnerships: Strategies to Enroll Justice-Involved Populations--Efforts in Colorado, New Mexico and Wisconsin"; and links to additional resources. Also presented is the interactive chart "Enrollment Process" which explains where, when, who, how, and whether individuals leave the facility with a Medicaid card. This resource is also available as a PDF chart.

Toolkit: State Strategies to Enroll Justice-Involved Individuals in Health Coverage cover

"Today, juvenile justice reform has become a largely bipartisan issue as lawmakers work together to develop new policies to align sound fiscal responsibility, community safety and better outcomes for youth. New legislative reforms reflect an interest in developmentally appropriate approaches to more evidence-based methods and cost-effective alternatives to incar­ceration. There also now exists an abundance of research that is available to lawmakers and the field on adolescent development—that includes the latest neuro[logical], social and behavioral science that distinguishes juveniles from adult offenders. Recent trends in juvenile justice legislation across the country represent a significant new direction to broadly reform justice systems." "Juvenile justice policies require balancing the interests of public safety, accountability and rehabilitation. The challenge for state lawmakers is to develop policies that seek to disrupt the pathways that youth follow into the justice system. In the past five years, juvenile justice reform legislation in the United States has grown at a remarkable pace. The reforms reflect an interest in developmentally appropriate approaches to more evidence-based and cost-effective alternatives to incarceration" (p. 1). Sections following an executive summary include: federal standards; comprehensive omnibus reforms; human trafficking; returning jurisdiction to the juvenile justice system—reforming transfer, waiver and direct file laws, and raising the age of juvenile court jurisdiction; prevention, intervention, and detention reform—intervention and realignment, status offenders, and detention reform; due process and defense reform—juvenile competency, indigent defense and other procedural issues, shackling, and solitary confinement; treating mental health needs of juvenile offenders; racial and ethnic disparities; restorative justice; reentry/aftercare—confidentiality of juvenile records and expungement; and conclusion.

› Trends in Juvenile Justice State Legislation 2011-2015 cover

"All governments should be very concerned about domestic violence against Native women. Tribal governments across the United States are creating programs to improve response to violent crime. As sovereign governments, tribes can assert jurisdiction in criminal and civil actions involving assaults against Native women … As sovereign governments, many tribes have asserted concurrent or exclusive criminal and/or civil jurisdiction in domestic violence cases. A key piece of responding to domestic violence is to draft or revise tribal domestic violence laws. This resource guide was developed to provide a starting point for drafting or revising tribal laws on domestic violence. It is written with a philosophy that tribal laws should reflect tribal values. In addition, writing a tribal law usually requires careful consideration of how state and/or federal laws might apply in the community. This resource guide includes examples from a variety of tribal codes and discussion questions that are designed to help tribal community members decide on the best laws for your community" (p. 1). Resources are organized into the following sections: general provisions; jurisdiction—criminal or civil; criminal domestic violence statutes—defining domestic violence, role of law enforcement, role of tribal prosecutors, role of courts, evidence, victims' rights in criminal proceedings, and sanctions; protective orders—developing civil protective orders, violating protective orders, and full faith and credit; family law and child custody; and education and batterer intervention.

tribal legal code cover

"Almost half of the 195,809 federally sentenced individuals in the Bureau of Prisons are serving time for drug trafficking offenses, but little is known about their criminal histories or the nature of their offenses. This brief examines both, finding that many people in federal prison for drug crimes have minimal or no criminal histories, and most were not convicted of violent or leading roles. Nonetheless, many serve long prison sentences due to mandatory minimum sentencing laws. Lasting reductions in the size of the federal prison population will require big cuts in length of stay for drug offenses" (home page). Sections of this brief cover: many drug offenders housed in federal prisons have little to no criminal histories; few are convicted of leading trafficking organizations or responsible for violent acts during drug trafficking crimes; long federal sentences are driven by mandatory minimums; and continued federal prison population reductions require shorter drug sentences.

Who Gets Time for Federal Drug Offenses? Data Trends and Opportunities for Reform cover

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