Criminal Justice Reform Archives - Generation Progress https://genprogress.org/category/issues/criminal-justice-reform/ Young people working for progressive change. Wed, 19 Jan 2022 19:51:06 +0000 en-US hourly 1 https://wordpress.org/?v=6.1.1 FACT SHEET: Life Without Parole Is Inhumane https://genprogress.org/fact-sheet-life-without-parole-is-inhumane/ Thu, 28 Oct 2021 15:07:12 +0000 https://genprogress.org/?p=50832 Life without parole is an inhumane punishment that no one deserves, but–as of December 2018–over 53,000 incarcerated people are serving life without parole in U.S. prisons.

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Life without parole is an inhumane punishment that no one deserves, but–as of December 2018–over 53,000 incarcerated people are serving life without parole in U.S. prisons. Unlike other prison sentences, life without parole eliminates the possibility of release. In practice, it is another kind of death sentence–one that means a slow death in prison and a likely shortened lifespan: each year of incarceration reduces a person"™s life expectancy by two years.

Click to view PDF.

Life without parole is also a racial equity issue. As is often the case in the criminal legal system, people of color are disproportionately sentenced to life without parole, making up 67.5 percent of those sentenced to life in 2016. Moreover, in 2018, Black Americans made up two-thirds or more of people sentenced to life without parole in nine states: Illinois, Georgia, Louisiana, Maryland, Michigan, Mississippi, New Jersey, and South Carolina. Life without parole is a punishment that takes young people of color and permanently separates them from their communities. And it"™s getting worse: between 2003 and 2016, life without parole sentences increased by 59 percent.

SOLUTION

Life without parole sentences contribute to mass incarceration. In 2020, there were a total of 2.3 million incarcerated Americans in a prison system that costs taxpayers approximately $80 billion a year. Life without parole sentences exacerbate this issue by making it impossible for a portion of the prison population to ever see freedom, even if their continued incarceration is unnecessary. But it doesn"™t have to be this way. By eliminating life without parole sentences, we can make the legal system more just and shrink a criminal legal system that has grown out of control since the 1970s. 

  1. Ask your state legislators to eliminate life without parole as a sentencing option.
  2. Do your research on judges with a record of handing down life without parole sentences. While legislatures usually determine whether LWOP is an available sentencing option, judges often have the final say in sentencing for a given case. In many states, judges are elected to their positions by the public.

Everyone deserves a second chance. It"™s up to our generation to make sure that everyone gets it.

TAKE ACTION

Use our tool to call on your legislators to shrink the criminal legal system by ending mandatory minimums. Your elected state officials control a large portion of what causes mass incarceration PLUS they can determine how this system operates. Changing state laws and policies can reduce the number of people who go into the criminal legal system and mitigate the harms of those already involved with the system. Tell lawmakers you demand action.

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EVENT: TAP Restoration Is Women’s Equity Panel https://genprogress.org/event-tap-restoration-is-womens-equity-panel/ Wed, 27 Oct 2021 19:36:54 +0000 https://genprogress.org/?p=50907 Equitable access to higher education is critical for justice-involved students in and out of corrections facilities.

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Tuition Assistance Programs (TAP) are vital to creating equitable spaces in higher education, yet these programs still aren"™t accessible to incarcerated students. During the "tough on crime" era, lawmakers banned incarcerated students from accessing need-based assistance programs like Pell nationwide and TAP in New York. But a movement in New York is working to reverse that legislation for incarcerated New Yorkers.

Equitable access to higher education is critical for justice-involved students in and out of corrections facilities. By 2027, 70% of all jobs will require post-secondary education beyond high school; this coupled with disproportionately high unemployment rates, means formerly incarcerated people re-enter society with a number of barriers to success. Incarcerated women are particularly at risk since they are the fastest-growing segment of the incarceration population, and are often offered even fewer opportunities for higher education behind bars. 

On October 26, 2021, Generation Progress Director of Advocacy Edwith Theogene spoke on the "TAP Restoration Is Women’s Equity" panel hosted by College and Community Fellowship about why TAP restoration is a women"™s issue, and how denying access to incarcerated students deepens the divide between men and women.

Panel:

  • Serena Martin-Liguori, Executive Director, New Hour for Women and Children-Long Island
  • Anisah Sabur, #HALTsolitary Campaign
  • Nicole D. Porter, Senior Director of Advocacy, The Sentencing Project
  • Edwith Theogene, Director of Advocacy, Generation Progress

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FACT SHEET: We Need to Repeal Mandatory Minimums https://genprogress.org/fact-sheet-lets-end-mandatory-minimums/ Wed, 27 Oct 2021 18:05:53 +0000 https://genprogress.org/?p=50822 Mandatory minimums prevent judges from exercising discretion and considering relevant circumstances in each case. Even if a judge believes that a defendant deserves leniency, they are required by law to impose the mandatory minimum sentence.

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In both state and federal courts, mandatory minimum sentencing laws force judges to hand down prescribed prison sentences for certain crimes. The punishment dictated by mandatory minimums is often much harsher than punishment for crimes without mandatory minimums. In 2017, the United States Sentencing Commission found that, on average, defendants convicted of a crime carrying a mandatory minimum received a prison sentence almost four times longer than the average sentence length of defendants convicted of other crimes. 

Mandatory minimums also prevent judges from exercising discretion and considering relevant circumstances in each case. Even if a judge believes that a defendant deserves leniency, they are required by law to impose the mandatory minimum sentence.

Click to view PDF.

Finally, mandatory minimums are not enforced equally. Statistics show that prosecutors are twice as likely to seek a mandatory minimum sentence for Black defendants as for white defendants. Keeping in mind that Black Americans are incarcerated at over five times the rate of white Americans, it"™s clear that mandatory minimums pose a major threat to the freedom of Black communities.

SOLUTION

The only way to solve mass incarceration is to solve our problem with sentencing. At the end of 2019, there were a total of 1,435,500 people incarcerated in federal and state prisons. That"™s 437 people per 100,000 residents. By repealing mandatory minimums, we can reduce both the number of people who enter prison and the length of their stay, shrinking the criminal legal system overall and saving taxpayers approximately $33,000 per person a year.

TAKE ACTION

Use our tool to call on your legislators to shrink the criminal legal system by ending mandatory minimums. Your elected state officials control a large portion of what causes mass incarceration PLUS they can determine how this system operates. Changing state laws and policies can reduce the number of people who go into the criminal legal system and mitigate the harms of those already involved with the system. Tell lawmakers you demand action.

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FACT SHEET: We Need to Cap Probation & Parole Terms https://genprogress.org/cap-probation-parole-terms/ Tue, 26 Oct 2021 20:47:59 +0000 https://genprogress.org/?p=50811 Probation and parole can interfere with a person's ability to gain and maintain steady employment, enroll in school, and break free from the cycle of crime and incarceration. 

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Across the country, there are an estimated 4.5 million people on probation or parole. Of this population, about 30 percent of people are Black, despite Black people comprising only about 13 percent of the total population of the United States.

Probation is a court-imposed sentence that is viewed as an alternative to sending someone to jail or prison. While on probation, a person must abide by extensive rules, called "conditions of probation," which may include a curfew, steady employment, and frequent visits to their probation officer. 

People on parole are similarly required to follow an extensive set of rules, but parole, the conditional release from incarceration before the full completion of their sentence, occurs after someone is released from prison, rather than instead of prison. 

For both probation and parole, a violation of a condition of supervision can result in the person being incarcerated in jail or prison or an extension of the length of their community supervision. Such violations can include:

  • Not answering a phone call from a parole or probation officer
  • Violating curfew, even if for a legitimate reason (e.g., working a double shift)
  • Moving without notifying the parole or probation officer

Often touted as alternatives to incarceration, parole and probation are actually tools that feed mass incarceration. Rather than increasing a person"™s likelihood of success, probation and parole can interfere with a person"™s ability to gain and maintain steady employment, enroll in school, and break free from the cycle of crime and incarceration.  A recent report found that "most people locked up for supervision violations were not convicted of new offenses–rather, they were incarcerated for breaking the rules of their supervision." 

Click to view PDF.

SOLUTION

A study found most people that recommit a crime will do so within the first two years of supervised release. Capping probation and parole terms so that they do not exceed two years would make sense both because it would confine the sentence to the period of time when a person is more likely to reoffend and because it would prevent long parole and probation terms from feeding mass incarceration. 

TAKE ACTION

Use our tool to call on your legislators to shrink the criminal legal system by ending mandatory minimums. Your elected state officials control a large portion of what causes mass incarceration PLUS they can determine how this system operates. Changing state laws and policies can reduce the number of people who go into the criminal legal system and mitigate the harms of those already involved with the system. Tell lawmakers you demand action.

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RESOURCE TOOLKIT: Take Action to End Mass Criminalization & Incarceration https://genprogress.org/toolkit-end-mass-incarceration/ Mon, 26 Jul 2021 20:36:33 +0000 https://genprogress.org/?p=50434 Our criminal legal system is hurting us. The U.S. represents just 5 percent of the world's population, but it represents nearly 25 percent of the world's prison population. The overuse of probation and parole, use of mandatory sentences, use of

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Our criminal legal system is hurting us. The U.S. represents just 5 percent of the world"™s population, but it represents nearly 25 percent of the world"™s prison population. The overuse of probation and parole, use of mandatory sentences, use of cash bail, and life without parole sentences are some of the many issues that have led to 6.7 million people being under correctional control in this country.

This is a system that disproportionately affects young people, and especially young people of color. Young people–those ages 18 to 35–make up only 30 percent of the U.S. adult population, yet they represent 60 percent of adult arrests and 42 percent of adult prison admissions. The consequences of an arrest or conviction can create lifelong barriers to accessing education, housing, and equitable employment opportunities. The impacts of this fall hardest on Black and Latinx communities and it has had a devastating impact on their long-term safety and stability.

But it doesn"™t have to be this way. Your elected state officials control a large portion of what causes mass incarceration, plus they can determine how this system operates. State legislators, along with governors, can have the greatest impact on shrinking the criminal legal system and mitigating its harms.  

criminal justice systemamerica's lawscash baillife without parolemandatory minimumsprobation and parole

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FACT SHEET: It’s Time to End Cash Bail https://genprogress.org/fact-sheet-its-time-to-end-cash-bail/ Fri, 23 Jul 2021 21:25:28 +0000 https://genprogress.org/?p=50409 On any given day, there are approximately 630,000 people in local jails awaiting court dates. The difference between preparing for trial while being held in a local jail and preparing for trial at home comes down to one thing: cash

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On any given day, there are approximately 630,000 people in local jails awaiting court dates. The difference between preparing for trial while being held in a local jail and preparing for trial at home comes down to one thing: cash bail. Cash bail is money paid by an arrested individual to the government to be released from detention. People who cannot afford bail must stay in jail until their trial (which can take months, or even years) or plead guilty, while those who can pay are allowed to return home. In theory, it serves as collateral to ensure individuals will appear in court, but in practice, it criminalizes poverty and further fuels mass incarceration. Cash bail exacerbates existing inequalities, hurting those without easy access to money and disproportionately harming poor people and people of color. A person"™s financial situation should not determine whether or not they remain in jail.

Click to view PDF.

SOLUTION

Ending cash bail would eliminate a predatory practice that ultimately harms poor people and people of color the most. People would be able to remain at home with access to their lawyers, their communities, and their support systems as they prepare for trial or hearings. Philadelphia removed cash bail for low-level offenses, and a study later found, "no negative impact on recidivism or courtroom appearance rates." Studies have also shown that pretrial detention can result in a higher likelihood of future criminal activity, resulting in additional arrests later.

TAKE ACTION

Use our tool to call on your legislators to shrink the criminal legal system by eliminating cash bail. Your elected state officials control a large portion of what causes mass incarceration PLUS they can determine how this system operates. Changing state laws and policies can reduce the number of people who go into the criminal legal system and mitigate the harms of those already involved with the system. Tell lawmakers you demand action.

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FACT SHEET: Rethinking America’s Felonies & Misdemeanors https://genprogress.org/fact-sheet-decriminalize/ Wed, 21 Jul 2021 21:19:46 +0000 https://genprogress.org/?p=50407 Crimes in the U.S. are classified as either felonies or misdemeanors, with little to no flexibility for less serious offenses. Misdemeanors generally carry a sentence of one year or less in jail while felonies can carry a sentence of more

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Crimes in the U.S. are classified as either felonies or misdemeanors, with little to no flexibility for less serious offenses. Misdemeanors generally carry a sentence of one year or less in jail while felonies can carry a sentence of more than one year in prison. This classification framework pulls more and more people into the deep end of a system that has proven to negatively impact lives and does not improve public safety. As a result, we unnecessarily incarcerate a lot of people for much longer than they need or deserve to be. This is especially true in the case of drug possession, a relatively harmless crime that many states, as well as the federal government, often prosecute as a felony.

Click to view PDF.

Other minor offenses that are classified as misdemeanors, such as simple drug possession and traffic violations, are similarly overly criminalized by our current system and can be punished with up to a year of jail time. To shrink the criminal legal system, some of these offenses should be decriminalized and addressed as civil offenses.

SOLUTION

Reclassifying some felonies as misdemeanors and rethinking which actions should be considered crimes at all are two ways we can shrink this system. In 2014, California passed Proposition 47, legislation that reclassified many drug and property offenses from felonies to misdemeanors. In the following year, California"™s jail population decreased by 9 percent, driven mainly by the reduction in incoming prisoners caused by Proposition 47.

If California teaches us anything, it"™s that reclassification works: if we more appropriately match the punishment with the offense, the prison population shrinks. We can achieve similar results by enacting legislation on both the state and federal levels that reclassifies offenses to suit their severity.

TAKE ACTION

Use our tool to call on your legislator to shrink the criminal legal system by reclassifying some felonies as misdemeanors and rethinking which actions should be considered crimes. Your elected state officials control a large portion of what causes mass incarceration, plus they can determine how this system operates. Changing state laws and policies can reduce the number of people who go into the criminal legal system and mitigate the harms of those already involved with the system. Tell lawmakers you demand action.

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Young People With Criminal Records Need To Be Included in Economic Recovery Efforts https://genprogress.org/young-people-with-criminal-records-need-to-be-included-in-economic-recovery-efforts/ Mon, 03 May 2021 22:08:04 +0000 https://genprogress.org/?p=50294 By mitigating the impacts of a criminal record on young adults and by taking action to shrink the criminal legal system, we can uplift young people who are disproportionately impacted by the criminal legal system.

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For more than a year, the United States has been in the midst of an economic crisis caused by the COVID-19 pandemic. While all people have been impacted by the crisis in some way, certain communities and groups of people have felt the brunt more than others, including young people, people with criminal records, and–at the intersection of those two groups–young people with criminal records. One reason that young people with records have likely been disproportionately impacted by the economic crisis is because of collateral consequences–the often lifelong barriers that accompany a conviction–which can prevent people with records from getting jobs, housing, and education. As we recognize the second Second Chance Month of the COVID pandemic, and as the nation looks towards recovery, it"™s critical that legislative solutions like Ban the Box and record clearing also come to the forefront, so that everyone has an opportunity to find and keep gainful employment.

By mid-April 2020, 16 million people had filed for unemployment. At the time, schools and businesses had just begun shutting their doors and fewer than 25,000 people had died from COVID. Now, more than a year later, nearly 575,000 people have died in the United States, and there are nearly 9.5 million fewer jobs in the economy than there were in February 2020. However, in recent months, with a more competent federal government in place, an aggressive vaccine rollout underway, and several relief packages passed by Congress–including the $1.9 trillion American Rescue Plan–it appears that the nation is finally on the cusp of exiting one of the darkest periods of modern American history. 

There is no question that the economic crisis–much like the Great Recession of 2008-2009–has hurt some communities more than others. Workers of color are over-represented in many of the low wage sectors that suffered high rates of layoffs early in the pandemic–more than 50 percent of Latinx people between the ages of 18 and 29 reported that they or someone in their household lost a job or had their pay cut during the first few months of the economic crisis. As the nation moves forward, our elected leaders must ensure that those who are most vulnerable are included in the recovery process. This means focusing attention on young adults, who had higher unemployment rates than the general population even prior to the pandemic, and especially on young people with criminal records, who face significant hurdles to achieving economic mobility. Including this population in economic recovery should also mean pursuing legislative fixes, including Ban the Box and record clearing (e.g., sealing and expungement) statutes that may not be typically thought of as economic recovery proposals, which can be crucial to the economic success of people with past justice-involvement.

Millennials and Gen Z Historically have Higher Rates of Unemployment and Less Savings

The COVID-19 pandemic impacted everyone, but its impact has not been even. In the United States, Black, Latinx, and American Indian or Alaska Native people have been more likely to contract COVID and even more likely to be hospitalized or die from it. Indeed, the COVID pandemic has magnified and exacerbated the existing health inequities in our nation.

Similarly, the economic fallout of the COVID pandemic has not been distributed evenly, and it has magnified and exacerbated existing economic inequities. 

Historically, young people have faced higher rates of unemployment than the national average, especially during economic turmoil. Unemployment rates for 16-24 year olds rose from 8.4 percent in spring of 2019 to 24.4 percent in spring of 2020, compared to 2.8 percent and 11.3 percent, respectively, for people ages 25 and older. 

Young parents, aged 18-34, have had their careers and wages jeopardized by the lack of child care available during the pandemic: 4 in 10 young voters specifically stated that lack of child care and schooling has put them at risk of losing their jobs and have decreased their wages. Additionally, half  of young people indicated that their work hours were cut or wages reduced,  38 percent reported losing their jobs, and 40 percent said they were falling behind on rent or mortgage. In all three categories, young people experienced these rates higher than any other age group. 

Young People with Records are Particularly Vulnerable 

Young people as a whole are less likely to have savings and more likely to be unemployed than older adults, but young people with records are particularly vulnerable to economic insecurity as criminal records have been shown to reduce employment prospects and reduce wages for those who do find a job.

A 2009 study found that a criminal conviction reduced a person"™s chances of a job offer or callback by nearly 50 percent, and the negative effects were double for Black applicants. The impacts of a conviction may be most pronounced among those who were formerly incarcerated. In 2008, the most recent year for which data is available, formerly incarcerated people faced an unemployment rate of 27 percent, nearly five times higher than the national rate, and 30 percent of formerly incarcerated people remain unemployed up to two years after being released. The widespread use of background checks during the hiring process, which nine in ten employers conduct, is one reason that this is the case. When criminal records are a determining factor during the hiring process, employment opportunities for millions of people are eliminated before they even walk through the door. 

These barriers to employment and economic stability are one example of collateral consequences at work. Collateral consequences are additional punishments, beyond court-ordered sentences such as incarceration or community supervision that accompany a criminal conviction. Collateral consequences can take the form of legal and regulatory restrictions, state and federal laws, or societal norms that stigmatize criminal records and people with criminal records. These barriers make long term stability and self-determination more difficult for the people they impact. Housing, education, voting, government assistance, and even healthcare can be jeopardized far after exoneration or sentence completion. Regardless of when and how a person enters the system, these often-lifetime repercussions can limit success, potential, and dignity.

Gen Z and Millenials are over-represented in the criminal legal system. Young people aged 18 to 35 make up about 30 percent of the U.S. adult population, but more than 50 percent of adult arrests and 40 percent of prison admissions. Young people with records are hit hard by collateral consequences, since they have the vast majority of their "working years" ahead of them and since collateral consequences can block young people from obtaining the very things (housing, education, employment) they need to stabilize their lives and move forward.

Crafting an Economic Recovery that Includes Young People with Records

In April of 2020, every state and D.C. reached the highest point of unemployment since the Great Depression. These disparities were even greater for people of color. Black workers faced unemployment rates of 16.7 percent compared to 14.2 percent for their white counterparts; unemployment rates were even greater for Latinx workers at a rate of 18.9 percent. During times of crisis–economic, health, or otherwise–the most vulnerable members of society suffer most. 

Data for unemployment rates for justice-involved people during the pandemic still aren"™t entirely clear, however, job placement data from reentry organizations can help paint a picture. The Center for Employment Opportunities, one of the largest reentry organizations in the country, focuses on job placement for formerly incarcerated people. In April 2019, the organization made 368 job placements; in April of 2020 they only made 140. Considering that unemployment in April 2020 was at its highest since the Great Depression, there is a high likelihood that justice-involved youth faced an even greater battle finding employment at the height of the economic fallout than older adults and non-justice-involved people.

In recent months, the economy has begun adding back jobs, with the most recent jobs report showing 916,000 new jobs added this past month and the unemployment rate dropping down to 6 percent. However, Black and Brown communities continue to see a slower economic recovery: the unemployment rate for Black and Latinx Americans are 9.6 percent and 7.9 percent, respectively.

The Biden-Harris administration has taken several significant steps to include justice-involved people in the nation"™s economic recovery efforts so far. For example:

  • Eligibility for PPP loans was expanded by eliminating the exclusions for the vast majority of business owners with prior justice-involvement, including most of those who are currently on probation or parole.
  • The America Rescue Plan included provisions such as COVID mitigation strategies for incarcerated people and making currently incarcerated Americans eligible to receive a stimulus check.
  • The American Jobs Plan urged Congress to invest in job training programs for justice-involved youth and formerly incarcerated individuals.

While these initial steps are important, more must be done by Congress and state legislatures to address the needs of young people with records.

As part of economic recovery efforts, Congress and state legislatures should: 

  • Enact or expand existing statutes that allow for record clearing in the form of sealing, expungement, or set-asides. A study by the University of Michigan found that clearing a criminal record increased someone"™s likelihood of finding employment by 11 percent and increased wages by more than 20 percent. The authors of the study note that increased employment alone cannot account for the full increase in earnings, suggesting that not only are more people able to find jobs after clearing their record, but they"™re also able to find better paying jobs. The bipartisan and bicameral Clean Slate Act would be another step forward in removing barriers for young people in finding equitable employment, housing, and education by automatically sealing low-level federal drug convictions and sealing federal arrest records for individuals who haven"™t been convicted of a crime. 
  • Fund state and local employment placement programs specifically centering and focusing on justice-involved youth. Thirty percent of formerly incarcerated people remain unemployed up to two years after being released. If lawmakers truly want to increase employment, they must focus on communities that are facing the most unemployment.
  • Expand "Ban the Box" measures at the local and state level to reduce the impact that a criminal conviction has on employment, and ensure the Fair Chance Act to Limit Criminal Background inquiries by Federal Contractors is implemented with fidelity in December 2021. One study found that Ban the Box legislation increases the chances of formerly incarcerated people to find employment by 30 percent. 

Conclusion

Collateral consequences prevent many people from achieving basic life milestones and long term success. This is the reality for the 70 million to 100 million people who have a criminal record, and young people, and in particular BIPOC young people, are disproportionately affected. These consequences make young people especially vulnerable in a society where they already face challenges disproportionate to the rest of the country. By mitigating the impacts of a criminal record on young adults and by taking action to shrink the criminal legal system, we can uplift young people who are disproportionately impacted by the criminal legal system. Young people should not spend the remainder of their lives struggling to find employment, or failing to thrive, because of a criminal record. Lawmakers must act to create pathways to success for our country"™s youth.

 

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Four Key Facts About Women in the Criminal Legal System https://genprogress.org/four-key-facts-about-women-in-the-criminal-legal-system/ Thu, 01 Apr 2021 20:47:41 +0000 https://genprogress.org/?p=50220 As Women's History Month comes to a close and Second Chance Month begins, we are reflecting on the disproportionate impact of collateral consequences of our justice and legal system on the lives of young women, and highlighting four facts about women in the criminal legal system.

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This week, which includes the final days of March and the first days of April, marks both the last week of Women"™s History Month and the start of Second Chance Month. In recognition of these intersecting moments, Generation Progress is taking the time to reflect on the disproportionate impact of collateral consequences of our justice and legal system on the lives of young women. Since the 1980s, there"™s been a 700 percent increase in the number of women incarcerated in the U.S, which means that the incarceration of women has grown at twice the rate of men during this period. This increase reflects the unique challenges women face in the legal process, strict drug sentencing laws, and aggressive policing and incarceration. The impact of a criminal record on justice-involved individuals extends far beyond the courtroom, creating barriers to housing, education, jobs, and more. These collateral consequences can result in long-lasting setbacks, especially for those who become justice-involved at an earlier age and have much of their lives to build and live. Compounded by race and class, these barriers fall hardest on BIPOC communities and under resourced communities. 

To dig deeper on what is  happening to justice-involved young women, we are highlighting 4 key facts about women in the U.S. criminal legal justice system.

1.  There are 1.2 million women under the supervision of the criminal justice system.

As of 2019, 1.2. million women were under supervision of the criminal justice system–either in jail or prison or on probation or parole. BIPOC women are overrepresented in the justice system: Black women are 1.7 times more likely to be imprisoned than white women and Hispanic women are imprisoned at 1.3 times the rate of white women. There is a lack of significant data on the incarceration rate of Indigenous women, but, overall, the local jail incarceration rate of Indigenous Americans is nearly double that of white people.  Although in recent years, we have begun to see a decrease in imprisonment across the country, this decrease has mainly impacted men. 

2.  Women in the justice system are impacted by multiple histories of abuse.

The criminal legal system disproportionately impacts women who have already been impacted by  societal issues such as mental health challenges, poverty, and abuse. According to the ACLU, nearly 60 percent of people in women state prisons across the country, and as many as 94 percent of some women"™s prison populations, have a history of physical or sexual abuse before being incarcerated. In addition, women are more likely to enter the jail and prison system with a drug dependency or history of abusing drugs than men. Incarcerated women are also more likely than incarcerated men to have experienced serious psychological distress or mental health issues. When it comes to poverty, the Prison Policy initiative found that, prior to their incarceration, incarcerated women had a median income of $13,890 in 2014. This was 42 percent less than non-incarcerated women between the ages of 27 to 42, and 66 percent less than non-incarcerated men. Taking the gender wage gap, racial wage gaps, and LGBTQ+ wage gaps into account,it is not surprising that more than 60% of women are held in jail because they cannot afford bail. The path to and through the legal system for many women is complicated by a multitude societal issues, which  the criminal legal system is not fit to address–ultimately leading to even deeper problems for these individuals and communities. 

3. The criminal justice system is a HUGE barrier to reproductive justice. 

There are a multitude of ways that the criminal legal system prevents the achievement of reproductive justice, which can be defined as every person"™s right to have a child, not have a child, and if you choose to have a child, raise that child in a safe and healthy environment

Although incarcerated people are entitled to health care, including reproductive health services such as contraception, abortion and pre-natal care, the prison system presents nuanced barriers both for those seeking to end a pregnancy or to carry a wanted pregnancy to term. Incarcerated women struggle to access reproductive healthcare because of problematic policies and requirements dictated by the prison system that exacerbate existing barriers. For example, access to abortion services varies from state to state due to hundreds of restrictive state laws such as medically unnecessary waiting periods, two trip requirements, bans that prohibit abortions as early as 13 weeks in pregnancy, and targeted regulation of abortion providers that can shutdown or limit the frequency of services. These barriers are magnified by arrest and incarceration, because people can no longer independently decide what is best for their family planning needs. 

Those who wish to proceed with their pregnancies face other problems within the prison system. Pregnant women who are incarcerated are still often shackled during labor and other health care visits, creating health risks for both parent and child and depriving pregnant people of their dignity. In a survey of perinatal nurses who have provided care for incarcerated pregnant people, over 80 percent reported that patients were shackled either sometimes or all the time. 

Beyond pregnancy, women who have children continue to struggle disproportionately within the criminal legal system as parents. In federal prisons, about 48 percent of women under the age of 24 are mothers, and 55 percent of women under the age of 24 in state prisons are mothers. The children of incarcerated mothers tend to experience more instability and disruption than those of incarcerated fathers because women are more likely to be primary caregivers in their families.

Regardless of whether people carry to term, end their pregnancy, or experience a miscarriage, too many justice-involved women are denied essential reproductive healthcare, compromising their self determination and reproductive autonomy.

4. A criminal history impacts women"™s economic security and stability.

A criminal history can deny justice-impacted women access to housing, education, employment and more. Most women enter the system already experiencing multiple challenges that become further complicated by collateral consequences. While "reentry," the process of returning to communities from incarceration, has become a priority among many policymakers and community-based organizations, most reentry resources available do not address the unique challenges that women face. For instance, while all justice-invovled people have to navigate discrimination from employers who are unwilling to hire people with records, women have the added burden of facing significant employment and occupational licensing restrictions in many of the industries that are concentrated with women and women of color like childcare, nursing, and home health care. In addition, some  justice involved women, the majority of whom are parents or primary caretakers of families, can be denied access to public services and benefits. These collateral consequences make women, especially BIPOC women, even more vulnerable and limit their success. 

Conclusion

Young people are disproportionately impacted by the criminal justice system and women are uniquely harmed.  We must work to end mass criminalization and mass incarceration, but, in the meantime, there are ways we can mitigate the harms of this system to ensure that women are not uniquely vulnerable to collateral consequences. 

To take action and demand support for policies that will benefit women and all justice-involved people, use this tool to email your legislators today. 

The post Four Key Facts About Women in the Criminal Legal System appeared first on Generation Progress.

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Beyond the Presidency: How Biden Appointees Can Take Action on Youth Issues https://genprogress.org/beyond-the-presidency-how-biden-appointees-can-take-action-on-youth-issues/ Mon, 22 Mar 2021 17:58:52 +0000 https://genprogress.org/?p=50169 Here's what young people can expect from the various departments and agencies under the Biden-Harris administration when it comes to the policy priorities that they want to see enacted. 

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The post Beyond the Presidency: How Biden Appointees Can Take Action on Youth Issues appeared first on Generation Progress.

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Young people have been consistent leaders in movements that advocate for progressive solutions to the issues facing this country–and we are creating substantive change. In November, young people under the age of 35 turned out to vote in historic numbers in large part because of our desire for progressive solutions to issues like the climate crisis, systemic racism, and the gun violence epidemic. Throughout the campaign, Millennials and members of Generation Z made it clear that we want to see action from our government. Now that the election is over and a new administration has come into office, it"™s important for us to know who has influence over the issues we care about and who is responsible for enacting the solutions we want to see.    

On January 20th, President Biden took the oath of office to become the 46th president of the United States. And a new president is just the start when it comes to changes in the executive branch of government. One of Biden"™s first tasks as president has been appointing the leaders of the departments and agencies that make up the rest of the executive branch. This change in leadership will have a massive impact on many of the issues that young people care about.  

The new executive branch will include the President"™s Cabinet which consists of heads of executive departments, independent agencies and other boards, commissions, and committees. These high-level officials serve as advisors to the president, using their expertise to inform the president"™s decision-making. Within the departments and agencies that they lead, they are responsible for overseeing the day-to-day enforcement and administration of federal laws and policies. They administer programs, make funding decisions, and collect and analyze data. These agencies set the stage for what is possible in an administration, meaning that the leaders of federal departments and agencies will directly impact whether or not the goals of our generations are accomplished. This is why leadership change is so important and thinking beyond the seat of the presidency is critical. 

Many of President Biden"™s appointees require Senate confirmation. As those confirmation hearings and votes continue, we wanted to break down exactly what young people can expect from the various departments and agencies under the Biden-Harris administration when it comes to the policy priorities that they want to see enacted. 

Student Debt

Consumer Financial Protection Bureau (CFPB)

The CFPB is tasked with protecting American consumers by regulating products and services that fall under federal consumer laws. The bureau also aims to empower consumers to make informed financial decisions through the spread of information and educational resources. In terms of student debt, the CFPB has the power to protect borrowers through the regulation of servicers and lenders. 

Biden-Harris Appointee: Rohit Chopra

Rohit Chopra is currently a commissioner on the Federal Trade Commission, and has previously served as the assistant director of the Consumer Financial Protection Bureau (CFPB), where he worked directly on protections for people with student loans. Chopra has also served as a senior fellow at the Center for American Progress, where he worked alongside Generation Progress to address the student debt crisis.

Status: Awaiting confirmation

Department of Education (ED)

The Department of Education may be best known for its role in supporting and strengthening K-12 education. However, ED also regulates and enforces rules to limit or expand the power of student loan lenders, services, banks, and colleges and universities. The department has significant power to act on student debt–including, most notably, the power to cancel student debt in part or in whole. It also has the power to shore up regulations that prevent predatory institutions from  defrauding students and borrowers. The Secretary of Education can lead this department to protect borrowers through regulatory rulemaking, cancelling student loans, and issuing guidance on how federal funding for colleges can be used.  

Biden-Harris Appointee: Miguel Cardona

Miguel Cardona is a former teacher and has previously served as the Connecticut Commissioner of Education.

Status: Confirmed

Climate

Environmental Protection Agency (EPA)

The EPA protects natural resources like air, land, and water to defend human and environmental health. The agency leads the country in developing and enforcing federal climate policy and conducts research to further public understanding of environmental health and risks. The Administrator of the EPA has the power to fight climate change by putting in place health and environmental safeguards, creating jobs in clean energy technology, and instating more forceful environmental protections and regulations. And importantly, they can prioritize policies that build resilience in frontline communities and embed environmental justice in all the work they advance. 

Biden-Harris Appointee: Michael S. Regan

Michael S. Regan previously served as the Secretary of the North Carolina Department of Environmental Quality and has also served as Air Quality Controller for the EPA under Pres. Obama. The Biden administration has indicated that it will prioritize environmental justice in its climate policy, acknowledging that BIPOC communities are often most impacted by pollution, natural disasters, and other manifestations of climate change. 

Status: Confirmed

Department of the Interior (DOI)

The Department of the Interior is tasked with conservation and management of the country"™s natural resources. The department also works closely alongside Indigenous communities to protect public lands. The Interior Secretary has the power to address the climate crisis by implementing comprehensive regulations and protective measures and prevent pollution and exploitation of natural resources by corporate interests.  

Biden-Harris Nominee: Representative Deb Halaand

Rep. Haaland is a U.S. Representative from New Mexico’s 1st congressional district. Rep. Haaland is the first Indigenous person to serve as a Cabinet secretary in U.S. history. Her nomination was enthusiastically supported by many young and Indigenous advocates.

Status: Confirmed

Department of Energy (DOE)

The Department of Energy develops scientific and technological solutions to address energy, environmental, and nuclear challenges.The Secretary of Energy has the power to combat climate change by supporting research and innovation that would cut down on carbon pollution, develop further production of renewable and clean energy.

Biden-Harris Nominee: Jennifer Granholm

Jennifer Granholm is the former Governor of Michigan, and the first woman to ever serve in that role.

Status: Confirmed

Gun Violence Prevention

Department of Health and Human Services (HHS)

The Department of Health and Human Services serves the public by advancing medicine, public health, and social services. The department has the power to combat the gun violence epidemic by declaring gun violence to be a public health emergency, which could result in the allocation of additional resources to address the issue and the promotion of community-led gun violence prevention measures at the federal, state, and local level.  

Biden-Harris Nominee: Xavier Becerra

Xavier Becerra is the current Attorney General of California and a former U.S. Representative from California. 

Status: Confirmed

Department of Justice (DOJ)

The DOJ is tasked with enforcing federal gun laws and regulating the gun industry, among its many duties. This department has the power to shape our criminal legal system, combat police brutality and white supremacy, and use a racial equity lens to address gun violence by supporting a public health approach and community-centered violence solutions. The department is led by the Attorney General.  

Biden-Harris Nominee: Merrick Garland

Attorney General Garland previously served as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. 

Status: Confirmed

Immigration

Department of Homeland Security (DHS)

The Department of Homeland Security oversees security efforts in the areas of border security, immigration and customs enforcement, cyber security, and anti-terrorism security. The department also houses the Customs and Border Protection (CBP),  Immigration and Customs Enforcement (ICE), and Citizenship and Immigration Services (USCIS). The DHS Secretary has the power to work with President Biden to implement immigration policy that centers human dignity and provides a pathway to citizenship.

Biden-Harris Appointee: Alejandro Mayorkas

Alejandro Mayorkas is the first Latinx person and immigrant to lead this Department. Mayorkas served in prominent DHS roles during the Obama administration, including Director of U.S. Citizenship and Immigration Services and Deputy DHS Secretary, and led the development and implementation of the Deferred Action for Childhood Arrivals (DACA) program. 

Status: Confirmed

Department of Health and Human Services (HHS)

As discussed in the section on gun violence prevention, the Department of Health and Human Services serves the public through advancing medicine, public health and social services. The department, via the Office of Refugee Resettlement (ORR), is also responsible for ensuring the care and safety of "unaccompanied children"–children who do not have lawful immigration status in the United States, are under the age of 18, and do not have a parent or legal guardian in the United States.

Biden-Harris Nominee: Xavier Becerra

Xavier Becerra is the current Attorney General of California and a former U.S. Representative from California. 

Status: Confirmed

Conclusion

When young people turned out to vote in November, we voted for a president and vice president. But the impact of our votes extends far beyond those two positions, leading to new people in key positions that will determine U.S. policy for years to come. With this new leadership, young people can expect to see bolder interagency solutions to the urgent issues facing our country that meet the needs of the lived experiences of us all. Over the coming months and years, young people will be paying close attention to who is leading these agencies, what their policy priorities are, and what they are able to accomplish. We expect these new leaders–not just the president–to keep the needs of young people in mind as they go about their work, and we look forward to seeing what we can accomplish together. 

The post Beyond the Presidency: How Biden Appointees Can Take Action on Youth Issues appeared first on Generation Progress.

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