Changes in bail policy don't affect crime rates in cities nationwide, according to new data from the Brennan Center for Justice.
Cash bail has driven up jail overcrowding in West Virginia, and the state continues to struggle with record-high staff vacancies within the Division of Corrections and Rehabilitation.
Eli Baumwell, executive director of the American Civil Liberties Union of West Virginia, said several years ago the state created a policy aimed at reducing the use of money bail for misdemeanors.
But he said local jurisdictions have been slow to implement.
"It has not really been put into effect, because discretion was baked in," said Baumwell. "And that was at the request of judicial officers who assured us that they would be making efforts to expand the use of personal recognizance. That hasn't happened, at least in many jurisdictions."
The study compared major offenses from 2015 through 2021 in around two dozen cities that had in place some type of bail reform.
Braumwell said the state could implement policies that boost pre-trial services, such as text reminders and child care to help people show up to their court date - instead of holding them in jail for weeks, months or, in some cases, over a year.
Ames Grawert, senior counsel with the Brennan Center, said bail amounts tend to be set higher for people of color.
"Even if someone is able to secure a bail bond - rather than pay the amount of money required by the court outright - those bonds can often come with very high, non-refundable fees," said Grawert, "and those fees on their own can be fairly devastating to a family living on the edge."
Baumwell pointed out that the bail system has worsened jail overcrowding in the Mountain State.
"We still have way more more people in these facilities than the jails can hold," said Baumwell. "We don't have enough staff to really make sure that they are being properly cared for."
According to the West Virginia Center on Budget and Policy, in the last decade West Virginia jails had the highest death rate in the country - twice the national average.
And, the state continues to struggle with record-high staff vacancies within the Division of Corrections and Rehabilitation.
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Advocates feel Connecticut and the nation can enact legal system reforms in 2025, ranging from ways to more humanely treat incarcerated people to increasing investments in communities, rather than in the criminal justice system.
In Connecticut, some advocates pushed for reforms to parole so it is not as punitive.
Wanda Bertram, communications strategist for the Prison Policy Initiative, said while similar reforms passed in New York, they have stalled in Connecticut.
"There hasn't been much movement on that in Connecticut," Bertram acknowledged. "I think that's less because these aren't winnable reforms, it's more because legislators don't see criminal justice consistently as a priority."
Overall, she feels criminal justice not being a priority for lawmakers is why reforms do not often pass in statehouses. Connecticut's 2024 legislative session ended without major criminal justice reforms passed. One of the few related bills to pass was House Bill 5524, which allocates $25 million to youth justice centers.
While many reforms were goals from previous years, Bertram noted they are reforms with long-term benefits. One is restoring voting rights for people with felony convictions who have been released from prison. Connecticut is one of several states to restore the right in recent years but she noted some of this year's defeats can affect achieving next year's goals.
"The nation's rightward turn and its election of Donald Trump and far-right congresspeople is somewhat of a defeat in and of itself," Bertram observed. "Because the ideologies that are being promulgated by those new electeds are explicitly violent with, for example, new support for the death penalty."
Despite this and other defeats from this year, she emphasized 2024 brought plenty of positives, including Massachusetts being the first state to ban life without parole for people younger than 21, the Federal Communications Commission establishing new phone rates for prisons, and several states providing funding for public defenders.
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The Wisconsin Innocence Project is ending the year with some key victories including helping with the release of two men who each spent decades in prison but the wins highlight a long-standing systemic problem.
David Bintz spent 25 years in prison and Manuel Cucuta spent 27 years in prison. Both were sentenced to life in prison, despite glaring holes in their cases.
Christopher Lau, associate clinical professor at the University of Wisconsin Law School and co-director of the Wisconsin Innocence Project, noted as remarkable as their releases have been, it speaks to a greater systemic issue coloring most of their cases and reinforces what it was designed to do.
"Part of this is just historical, the way our policing and incarceration system evolved was from basically their vestiges of slavery," Lau pointed out. "We try to keep down historically underrepresented people."
He acknowledged while not everyone may adopt such views, there is a lot of pressure to close cases and keep people incarcerated, evident by the fact the U.S. incarcerates more people for longer than any other developed country in the world.
Wisconsin's incarceration rate is 615 per 100,000 residents, a higher percentage of its population than almost any democratic country in the world. Compared with Wisconsin's total population, Black and Native people are overrepresented in the incarcerated population with Black people incarcerated at a rate 11 times higher than white people.
Lau argued in order to even begin to think about reform, the U.S. and the state of Wisconsin need to reexamine priorities and funding, as well as rethink the point of doling out such long sentences when it does not keep communities safer.
"I think there are good arguments that it makes us less safe," Lau observed. "But we still keep doing it because I think it's one, easy politically, and it's because it's where we put all of our money."
He added regardless of guilt or innocence, there are simply too many people who are incarcerated. Wisconsin is one of the few states to not ban juvenile life without parole sentences. Nearly 10% of the state's total life-sentenced population were juveniles when they were sentenced. The Wisconsin Innocence Project receives hundreds of requests per month and many are from juvenile offenders.
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Navigating the process of expunging criminal records can be overwhelming but for many, it is a critical step toward building a better future.
The Southern Coalition for Social Justice is making the journey easier with the release of the updated Umar Muhammad Clean Slate Toolkit.
Tanita Holmes, justice system reform counsel for the coalition, said the resource aims to help people determine their eligibility for relief and guides them through removing charges and convictions from their records. The goal? To provide a pathway to better economic and social opportunities.
"Having a criminal record can prevent these people from having employment," Holmes pointed out. "It can prevent them from having housing, unification and other benefits, state and private benefits and opportunities."
In North Carolina, nearly one in four people has a criminal record. Among them, around 60% remain unemployed within a year of release. Even those who manage to find work typically earn 40% less than their peers without a record.
Holmes said clean slate laws are essential for helping people with criminal records rebuild their lives. While North Carolina has made strides by expanding expungement laws to cover more misdemeanors, Holmes believes there is still more to be done. She argued there is a critical need to reduce barriers such as notary fees and improve access to resources.
"North Carolina could create better resources and access to judges, clerks and district attorneys," Holmes contended. "Because those are some of the people that you have to get in contact with and work with when you're getting an expunction."
Research shows clean slate laws in states such as California, Connecticut, Utah and Virginia have been effective in improving both public safety and economic outcomes, demonstrating the potential benefits of broader expungement policies.
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