Sentencing Reform

Sentencing reform holds the uniquely powerful potential to transform our criminal justice system in pursuit of a just and equitable society. Reforming our sentencing laws helps to delineate what kind of behavior is deemed criminal and clarify the sanctions our state imposes on criminal conduct. It would reduce significantly the number of arrests for nonviolent crimes and improve prison conditions.


The Cycle

 

The cycle of incarceration is propelled by outdated and discriminatory legislation. California has drug laws from the 1980s that impose harsh sentences, which too often outweigh the crime. More than 1,000 sentencing laws were passed that criminalized low-level drug use, which caused more arrests and lengthened mandatory minimum sentences for even non-violent criminals. These laws targeted communities of color even though drug use rates were similar among all groups. The state disproportionately incarcerates African Americans who comprise 30% of California’s prison population although they account for just 6.6% of the State’s general population. 1

THE STATE DISPROPORTIONATELY INCARCERATES AFRICAN AMERICANS WHO COMPRISE 30% OF CALIFORNIA’S PRISON POPULATION ALTHOUGH THEY ACCOUNT FOR JUST 6.6% OF THE STATE’S GENERAL POPULATION.

Nonviolent crimes, repeated minor infractions and crimes driven by addiction and mental health issues receive harsh sentences that are both costly and destructive. While reform of sentencing has been underway for several years, disproportionate sentences still exist and affect the poorest and most disadvantaged citizens.

The draconian response to crime created a culture of mass incarceration, which furthered economic and racial disparities in our criminal justice system.

So, how can we begin to mend a system—one that sentences entire communities to the costly and traumatizing cycle of incarceration—before it’s too late?

inmate is nursing a baby

Our Approach

 

Sentencing reform is the heart of the policy change that can have great impact on the entire structure of our justice system. By intervening through both grassroots efforts and federal campaigns, real and lasting change can take hold. Harsh sentencing laws are connected to all kinds of reform, from the just treatment of ex-offenders to fair employment opportunities to policy around substance use and mental health.

Effective and inspiring grassroots advocacy work is happening outside the system to ensure the delivery of fair and proportional sentences. Within correctional institutions, efforts to reform policy around funding for rehabilitative programs, prison conditions and physical and sexual abuse are gaining traction. This work has drawn the attention of organizations working to change government policy at a national level, with large-scale campaigns to grant clemency, reform mandatory minimum sentencing and provide equal access to employment and other benefits for ex-offenders trying to make a fresh start.
GRASSROOTS ADVOCACY

 

Social movements inevitably start small and can grow to impact policy and encourage cultural shifts on fundamental civil rights issues. From the decriminalization of certain drugs to ballot measures addressing the basic health and safety of incarcerated people—advocacy work from committed organizations across the state is an essential driver of change.

 

INSTITUTIONAL REFORM

 

Change is taking hold within correctional facilities and ensuring incarcerated people maintain basic rights and access to opportunities to begin the harrowing journey of rehabilitation. Health programs range from geriatric care and protections for reproductive health (including protection against sexual assault and bans on incarcerated people sterilization) to regulations for prison maintenance and sanitation.

 

POLICY CHANGE

 

The momentum and public interest in sentencing reform, and by extension policy change, is on the rise. Fair sentencing initiatives in California are in progress and gaining political and public momentum to move forward. A 2012 poll conducted by the Pew Research Foundation revealed that nearly half of voters believed too many people were in prison and more than 80 percent supported reducing prison time for nonviolent offenders.

The Ban the Box campaign ensured fair employment opportunities for nonviolent ex-offenders, and the Obama Administration recently introduced a federal clemency initiative to release federal prisoners who, if they were convicted today, would receive fairer and shorter sentences under newly emerging legislation.

Targeting and changing discriminatory and outdated policies has great potential to change the entire cycle of incarceration. Since the Fair Sentencing Act passed in 2010, there has been positive progress toward creating more equitable and appropriate sentences for nonviolent offenders. This and other initiatives are important steps toward mending our broken criminal justice system and building safe and equitable communities for all people.

 

 



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