West Virginians released from prison are not allowed to vote until their parole or probation period is over and their sentence is complete.

Since people can be placed on parole in some cases for up to ten years for low-level offenses, criminal justice advocates said they are effectively barred from civic participation, even as they get jobs and resume community life.

Ashley Omps, criminal justice advocate for the group West Virginia Family of Convicted People, said Senate Bill 235, which restores the right to vote upon physical release from prison, would streamline the process of helping more people become part of their communities.

"If you are reintegrated back out into society, after serving your sentence, probation and parole, you're paying taxes and working, and you're technically a part of society again," Omps asserted. "We just feel like it's your right to be able to vote."

The state also is taking action to reduce its prison population. Lawmakers recently passed Senate Bill 232, which would help divert people with serious mental illness, developmental disabilities and substance use disorders from incarceration, and into appropriate community behavioral-health settings. The bill creates a statewide study group to develop recommendations.

Kenny Matthews, criminal justice advocate for the American Friends Service Committee, said another tool to reduce the number of people in prison is known as earned compliance credit. It is a system which creates "credits" or incentives based on earning a college degree, or other positive actions after prison, resulting in reduced supervision time.

West Virginia lawmakers are considering it, in House Bill 3445, which Matthews argued would benefit communities.

"So, you have the ability to incentivize people to do what's right and what they should do, as well as a mechanism to reduce the caseload and the incarceration rate," Matthews explained.

Research shows states like Maryland and New York have saved money by implementing earned compliance credits.

Illinois could soon be the fourth state to pass a law to prevent unfair youth sentencing.

The legislation encourages criminal courts to recognize youth who are convicted for acts of self-defense or as victims of violence.

Often, young survivors of sexual assault, sex trafficking or domestic abuse are convicted in adult court and given long prison sentences.

Madeleine Behr - policy director at the Chicago Alliance Against Sexual Exploitation - said the bill would allow judges in these cases to review mitigating information, and give them more discretion to not sentence using mandatory minimums.

"It's just really important to keep in mind how trauma impacts kids as they're growing up, and throughout their young adulthood and really, the neurobiology of trauma with that," said Behr. "The ability for judges to say, 'I can move the child's case back to juvenile court for sentencing,' it gives the judges more options."

The bill, sponsored by state Rep. Lilian Jiménez - D-Chicago - has passed in both House and Senate.

More than 32,000 people in U.S. prisons today have been there since childhood, according to a report by Human Rights for Kids - which ranks Illinois 11th among states for incarcerating minors in adult prisons.

Behr cited cases like those of Chrystul Kizer, Cyntoia Brown-Long, and Sara Kruzan as reasons for the changes outlined in the bill. Gov. JB Pritzker is expected to sign it into law - and Behr said it can't happen too soon.

"We often have a system that has mandatory minimums as kind-of arbitrary guidelines that really are focused on punishment and retribution, rather than healing and restoration," said Behr. "There are not a lot of cases specifically I've seen in Illinois that this law will impact, but I'm hoping that it's a preventative measure."

Some 24% of boys and 45% of girls in the juvenile justice system have experienced trauma through at least five Adverse Childhood Experiences, according to a report by the nonprofit Rights4Girls.




get more stories like this via email

The first people to make use of a new state law on sealing criminal records are set to go before a judge today.

Previously, only people whose conviction did not result in incarceration could petition for expungement.

Jay Jordan, CEO of the nonprofit Alliance for Safety and Justice, which pushed for the law, will ask a judge in Stockton to seal his decades-old robbery conviction, and added Senate Bill 731 will give people who have paid their dues a clean slate.

"If you have a conviction in the state of California, and it did result in a prison term, and you finished probation or parole and have been crime-free for two years, then you can petition the court for an expungement," Jordan outlined.

If your conviction did not lead to time behind bars, and you meet those same criteria, the State of California will now automatically expunge your record. Seven other people will also petition the court for expungement today. A felony conviction can be a big obstacle when people try to find a job, rent an apartment, adopt a child or even chaperone a school field trip.

A recent federal budget agreement included $95 million to help states expunge criminal records. Jordan emphasized it is in everyone's best interest to help formerly incarcerated people rebuild their lives.

"Upwards of 92% of people who have records have already served their time, are over the age of 35, and have been removed from the criminal justice system five to seven years," Jordan pointed out. "By all accounts, they are not recidivating. These are mothers, fathers. So expungement is public safety, it is economic development, and it's really about families."

Under the new law, sex offenders cannot apply for an expungement, and law enforcement, government, schools and agencies dealing with vulnerable populations can still see people's criminal records.

Kentucky incarcerated more than 32,000 people in 2022 in both local jails and state prisons, a 250% jump from the mid-1980s, according to a new website tracking mass incarceration in the Commonwealth.

Ashley Spalding, research director for the Kentucky Center for Economic Policy, said those numbers don't include the thousands of Kentuckians being held in federal prisons, or who are locked into the criminal-justice system because they owe fines and fees.

"Kentucky criminalizes far too many low level of offenses including cannabis possession, criminal littering, public intoxication," she said. "There are lots of ways that people end up serving long sentences."

Black Kentuckians make up less than 9% of the state's population but 21% of the prison population. Since 2011, Kentucky lawmakers have enacted 76 measure increasing incarceration and only 14 reducing it, according to a Kentucky Center for Economic Policy analysis.

Amid the proposal to build a $500 million federal prison in Letcher County, Spalding said there isn't a track record of economic benefits, only harmful impacts on communities in the three other counties with federal prisons in eastern Kentucky.

"When we look at the three counties other than Letcher County that in Kentucky already have these prisons, we have not seen reductions in poverty," she said. "We have not seen the kinds of economic improvements that are often touted."

According to UnlockKY, Kentucky incarcerates 40% more people per capita than the U.S. average.