In 2023, advocates and lawmakers in at least 10 states worked towards challenging mass incarceration and addressing the collateral consequences of imprisonment. According to the nonprofit Sentencing Project, reforms included changes to compassionate release policies, drug policy reforms, and second-look mechanisms. In addition, efforts were made to scale back collateral consequences by expanding voting rights for specific individuals with felony convictions and implementing clean-slate reforms.
The D.C.-based advocacy group said youth justice was also a focus in 2023, with policies enacted to expand parole eligibility for young defendants and prevent juvenile adjudications from being used for adult sentencing range calculations. However, despite these efforts, advocates asserted that more comprehensive reforms are needed to transform the criminal legal system and address the racial disparities in imprisonment that have persisted for 50 years.
Since 1973, the prison population in the country has surged by nearly 500%, with almost 2 million individuals, disproportionately Black, currently incarcerated in prisons and jails. In response to the alarming trend, stakeholders have worked to reduce mass incarceration, including activists and lawmakers who have previously served time. A comprehensive report by Nicole D. Porter, senior director of Advocacy at the Sentencing Project, highlighted the strides made in 2023 toward decarceration, addressing collateral consequences, and advancing youth justice.
Lawmakers nationwide have enacted legal reforms to reduce prison admissions and adjust penalties to create fairer accountability for individuals convicted of certain crimes, Porter said, noting that several states witnessed significant changes. Further, New Mexico and North Carolina revamped their medical or compassionate release policies to consider release petitions for elderly or seriously ill incarcerated individuals.
In New Mexico, Senate Bill 29 modified the state’s medical and geriatric parole system– lowering the age for elder parole to 55 and expanding eligibility for medical and geriatric parole to include those meeting elder parole criteria who are suffering from debilitating and chronic infirmities. Similarly, North Carolina’s House Bill 259 increased eligibility for geriatric medical release, lowering age limits and changing release standards.
In Ohio, lawmakers addressed punitive War on Drugs-era policies by approving the Marijuana Legalization Initiative, authorizing the sale and possession of marijuana for individuals aged 21 or older. The move aligns with a national trend, as over 25 jurisdictions have decriminalized small amounts of marijuana possession. California, Colorado and Minnesota adopted or expanded second-look policies, allowing reconsidering specific criminal sentences after a specified term.
California’s Assembly Bill 600 expanded court authority to reconsider sentences when sentencing laws change, eliminating the requirement for district attorney or Attorney General concurrence. Colorado’s House Bill 23-1293 authorized second-look reviews for certain offenses, while Minnesota’s Senate File 2909 allows resentencing for certain persons convicted of murders committed by others.
Additionally, Minnesota, New Mexico, and Michigan expanded voting rights for justice-impacted individuals, which the Sentencing Project said further assisted the cause of decarceration. Minnesota’s House File 28 restored voting rights to those on felony probation and parole, impacting nearly 50,000 residents. New Mexico’s Voting Rights Act automatically restored voting rights to over 11,000 previously incarcerated residents, while Michigan adopted House Bill 4983, allowing automatic voter registration for those leaving prison.
Meanwhile, Minnesota and New York enacted Clean Slate Acts, authorizing record sealing for specific convictions,and improving employment and housing prospects for those with past convictions. Connecticut’s Senate Bill 952 expanded youth parole eligibility, allowing reviews after specified terms. Minnesota retroactively abolished life without parole for those under 18 at the time of their offense, while New Mexico extended parole eligibility to those convicted as minors. In Washington State, House Bill 1324 prevents juvenile adjudications from affecting adult sentencing range calculations, excluding certain offenses from score calculations.
In the Sentencing Project’s report, Porter said, despite progress, resistance to reform persists, with some officials prioritizing prison expansion over decarceration. Efforts to challenge long-standing incarceration norms, like the Revised Criminal Code Act of 2022 in the District of Columbia, have faced federal rejection.
“During 2023, lawmakers advanced policy reforms to decarcerate, challenge racial disparities in imprisonment, guarantee ballot access for justice-impacted voters, and improve youth justice,” Porter wrote. “Other policies were enacted too, including the elimination of cash bail in Illinois following a state supreme court ruling after lawmakers adopted the policy in 2022.”
Porter offered other examples of advancements in law and policy reform in 2023.
“Louisiana officials adopted legislation establishing a task force to review the state’s second-degree murder law,” Porter continued. “Florida officials passed a law to reduce time on probation for persons who complete educational requirements or meet qualifying employment requirements. Nevada lawmakers enacted legislation guaranteeing ballot access for voters in jail.
“Most of these measures will have a modest impact on the scale of incarceration and/or its consequences, and while helpful, more comprehensive reforms are needed to transform the adult and youth criminal legal systems after 50 years of mass incarceration.”
