How Can America Reduce Mass Incarceration?

Portugal has gone perhaps the farthest in decriminalizing drug use. It hasn't stopped drug usage, but it has reduced deaths, the spread of H.I.V., drug crime, and imprisonment.

In Kentucky, substance abuse issues are now being addressed within the prison setting. This Kentucky prison created a comprehensive drug treatment program, including a full experiential component as well as vivitrol opportunities, to curb addiction issues.

Juveniles who were placed on sex offender registries, some for crimes they committed before they were even teens, face a slew of life changing consequences that follows them for the rest of their life: “depression, addiction, suicidal thoughts, and other signs of post-traumatic stress.” Many will struggle to find a job, others will get targeted and harassed, some, overwhelmed by the pressure, have ended their life. Parents, legal scholars, and activists are pushing back against the notion that children, under the law, should be tried as mini adults.

A new restorative justice court in a Chicago neighborhood shows promise in bringing healing to the community through having defendants repair harm they’ve done and reintegrate into the community. It has support from key members of the criminal justice system but it faces funding issues and getting buyin from the community. Some argue restorative justice cannot operate effectively within the existing criminal justice system.

In Colorado, four communities are piloting a program that offers low-level drug or prostitution offenders an alternative to prison. This program, known as Law Enforcement Assisted Diversion, matches the offender with a case manager who in turn connects them with treatment and training resources.

Merging accountability with treatment promotes recovery for those charged with drug possession. In Franklin County, Ohio, the municipal court system operates a program called Helping Achieve Recovery Together. The court recovery program provides a two-year track for participants to receive mental health support from peers and the courts, with the goal of moving them from the criminal justice system and into treatment.

As an alternative to traditional courts, community courts provide resources to those experiencing homelessness. Fines and jail time are often the punishment in traditional courts for those charged with trespassing or loitering, but community courts provide services that help people find housing, jobs, health care, and even offer mobile showers, food stamp assistance, and mental health care. While the long-term data are lacking and don't offer a clear picture of recidivism rates, community courts do provide a better quality of life for those living on the streets.

In his first months as the New Orleans district attorney, Jason Williams has pushed a prosecution-reform agenda that not only limits who gets sent to prison on the front end, but also takes a backward look at who should be let out of prison. Nearly two dozen people convicted by non-unanimous juries have been granted new trials. Some people have been granted early release from prison after conviction under unduly harsh sentencing laws that no longer will be enforced. Williams' ultimate goal is to restore community trust so that necessary prosecutions have community support.

New Hampshire's Rockinham County gives some people with extensive drug and criminal histories an offramp from the criminal legal system, in the form of housing at Cross Roads House and a drug court to emphasize treatment over punishment. But, while other cities in the state meet such needs with multiple programs, the second-most populous county in the state has a severe shortage of supportive housing and services. Such services can make the difference between prison and success, and even between life and death in a place with high rates of overdose deaths.

In 2017, New Jersey eliminated the cash bail system – meaning that potential offenders awaiting court could not be held in jail for money. Instead, judges use an algorithm that considers the individual’s criminal history, flight risk, and threat level to the community. As New York considers doing the same, it looks the impact it has made in New Jersey.