This year, despite deep political divisions, one
area of growing consensus from stakeholders on both sides of the aisle was the
need to reform our country’s criminal legal system. 

Implementation of the First
Step Act 
coincided with Democratic presidential candidates making
criminal legal reform a cornerstone of their policy platforms — so much so
that 14
of the original field of candidates
supported a 50 percent decarceration
goal. Here at the ACLU, we continued to deepen our commitment to challenging
racism in the criminal legal system and getting people out of prison and jail.

The Problem 

The numbers are astonishing. Since 1970, our
incarcerated population has increased by 700 percent ­­— more than 2.1 million
people are in jail and prison today. Extreme sentences keep more people in jail
for longer periods of time, prosecutors have almost unlimited power, and nearly
700,000 people are in jail daily.

In 2019, our Campaign for Smart Justice alone engaged with almost 6,000 volunteers across the country and met directly with more than 2,000 state legislators on legislation aimed at challenging injustice in the criminal legal system. These efforts ultimately helped pass 75 bills in statehouses across the country, translating into thousands fewer people incarcerated.

Here are some highlights from the fight this year:

Sentencing Reform

Mandatory minimum sentences, “three strikes”
enhancements, and restrictions on release are a piece of the twisted equation
that holds millions of people in jail and prisons far longer than they should
be. Scrapping these tough-on-crime laws is key to dismantling the architecture
of mass incarceration. 

In Delaware, we played a leading role in an
incredibly productive legislative session that saw 11 reform
bills passed
, including H.B. 5, which restored judges’ power to impose
concurrent sentences and eliminated requirements that sentences run
consecutively for most crimes. Lawmakers also passed S.B. 47, which eliminated racially
discriminatory sentence enhancements for drug possession within 300 feet of
schools and parks, and revised drug weight classifications to reflect usage
patterns accurately. 

In Missouri, together with the Missouri Sentencing
Coalition, we
helped pass H.B. 192
, which requires the parole board to evaluate those
currently serving mandatory minimum sentences and decide if they should be
released. After four years, this reform is projected to decrease the state’s
prison population by 925 people.

In Oklahoma, alongside Oklahomans for Criminal
Justice Reform, we succeeded in passing HB1269, a compromise
measure
aimed at making our 2016 drug and property reclassification
ballot initiative retroactive. This law ultimately led to Governor Stitt
approving the release of 527 people through commutation, the
largest single-day commutation in U.S. history.

Campaign for Smart Justice organizers and volunteers lobbying to dismantle the architecture of mass incarceration

Prosecutorial
Reform 

Voters are increasingly recognizing the power that
prosecutors hold as gatekeepers of mass incarceration. To address the
disproportionate power that prosecutors wield, this year in Connecticut, we led
the effort to pass S.B. 880, a first-of-its-kind law that would create the
most comprehensive
transparency requirements
for prosecutors anywhere in the country. Our
campaign was led by formerly incarcerated people and focused on centering
directly impacted populations.

S.B. 880 requires prosecutors’ offices to collect
and share data on charges, diversionary programs, bail requests, plea deals,
contact with victims, sentencing recommendations, demographic information, and
more. 

In Louisiana, our work this session included passage of S.B. 146, a landmark
bill to limit
prosecutors’ practice of unjustly jailing sexual assault and domestic violence
victims using material witness warrants. This victory built off
of our lawsuit in 2017
challenging
Orleans Parish District Attorney Leon Cannizzaro’s use of fraudulent subpoenas
to jail witnesses of crimes.

This progress continued with passage of Oregon’s
H.B. 3224, which requires every district attorney to create policies for the
core functions of their office and make them available to the public.

Bail Reform

In 2019, we fought to end wealth-based incarceration and pass bail reform in more than 30 states. One highlight took place in Colorado, where together with partners we successfully advocated for H.B. 1225, which eliminates cash bail for petty and low-level offenses, and S.B. 91, which mandates quick release once bond is posted and eliminates fees assessed against the bond amount.

Re-Entry 

Incarceration often prevents people from accessing jobs,
housing, and educational opportunities long after serving time in prison or
jail.

In August of this year, the ACLU of Kentucky and its
partners in the Smart on Crime coalition celebrated the passage of S.B. 57, a bill that expanded
expungement opportunities for an important category of felony offenses.

The ACLU of New Mexico’s Smart Justice Campaign led
the advocacy campaign with its partners in the New Mexico SAFE coalition for
passage of a package of criminal legal reform bills, including legislation to
“Ban the Box” and expand expungement opportunities for an array of
offenses. 

The deeply entrenched systems that we confronted
this year not only destroy lives; they ultimately do not make communities safer
and increase the likelihood that people return to prison.

Dismantling the labyrinth of racist policies that make up the criminal legal system is no easy task, and much work remains to be done in 2020 and beyond. But the ACLU’s work to advance justice, expand freedom, and fight racism continues to grow, deepen, and win significant legislative victories throughout the country.

Part of an end of year wrap-up series. Read more:

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