MEMPHIS, Tenn. -- Legal advocacy groups in Tennessee have asked Shelby County Court officials to change their bail and pretrial detention practices, or face a lawsuit about their constitutionality.

Andrea Woods, staff attorney for the Criminal Law Reform Project at the ACLU, explained under Shelby County's current system, people who cannot afford to pay their bail can be jailed indefinitely, even if they are not a flight or safety risk.

"The person may not even learn what their bail amount is unless they ask," Woods observed. "The legal processes don't address their bond, don't provide them the opportunity to seek release; and it can be days or weeks before they have a lawyer who can try to get them out, if they can't afford their bail."

The ACLU of Tennessee, along with the Wharton Firm and Memphis nonprofit Just City have asked the court in writing to ensure a person's financial circumstances are examined prior to any bail hearing, among other reforms.

Groups like Tennessee Voices for Victims argue loosening bail polices could pose a safety threat to communities. Shelby County District Attorney General Amy Weirich had said she is willing to discuss the issue.

Josh Spickler, executive director of the group Just City, pointed out Shelby County's is not the only Tennessee court to come under scrutiny for its bail practices. He noted last year, a federal judge ruled Hamblen County's cash bail practices violated constitutional rights.

"The reasons that we keep people in a jail are really only twofold," Spickler noted. "Are they a risk of not returning to court, and are they a risk to the safety of the community? When you put money into that equation, it can quickly result in what we have here in Shelby County, which is a jail full of poor people."

Spickler stressed other types of releases, such as unsecured bonds, still hold people accountable. However, he acknowledged the system can fail victims. He cited a recent case in Waukesha, Wisconsin, in which a person with a history of violent crime had been released on a relatively low bail amount when he killed six people and injured dozens of others at a Christmas parade.

"But I think the key takeaway there is that this is an outlier," Spickler cautioned. "It is a very rare event. We do have some data about people who are accused of crimes while out on bail, and those are tiny."

According to the Vera Institute, in 2019, Shelby County spent nearly $139 million, more than 30% of the county's budget, on its two jail facilities.

Two months from today, Minnesota will begin the process of removing low-level marijuana convictions for those who have them on their criminal records.

It is part of the legalization bill signed into law earlier this week. For most minor convictions, those who are affected can expect an automatic expungement. Past offenses will no longer be in public view, meaning they will not show up in places like background checks for jobs.

Munira Mohamed, policy associate for the ACLU of Minnesota, said the action is a long time coming in addressing arrest disparities in Black and brown communities around the state.

"What we see in a lot of statistics is that white and Black people equally use marijuana, and equally possess marijuana," Mohamed pointed out. "But Black people get arrested 5.4 times more than a white person in Minnesota."

The statistic comes from a 2020 report issued by the ACLU. In the Legislature, Democrats made a strong push this session to adopt a bill legalizing recreational marijuana for adults. Passage included a handful of "yes" votes from Republicans. GOP lawmakers expressed support for the expungement element of the plan, but had broader public-safety concerns.

For marijuana convictions carrying more weight, a special review board will be created to determine whether actions such as reducing sentences should be taken. Collectively, Mohamed predicts the provisions will help a lot of people move on with their lives.

"For example, being caught even with the smallest amounts of marijuana before, it could risk your housing status, your employment opportunities, child-custody determinations," Mohamed outlined.

Just like the criminal record aspect of the bill, marijuana legalization in Minnesota will begin August 1. Small amounts will be allowed for adults, including limitations on how many plants people can grow in their homes. State officials suggest retail sales could begin around the start of 2025.


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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.




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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.