Justice – Page 2

Rapid Assessment and Support Services Diversion (RASS)

Problem

Following the national trend, Douglas County, Kansas has experienced an explosion in its female jail population. Most incarcerated females are being held for misdemeanor or drug offenses, with a significant portion of the population in-custody because of failure on pre-trial release or probation.

Diversion has long been used to divert low level offenders away from the criminal justice system. Historically, any history of prior offenses has barred participation in standard diversion programs. Since standard diversion programs are designed to address low level offenders, support services such as drug treatment, employment assistance and housing stabilization are not addressed.

Solution

The District Attorney’s Office is developing a new pre-trial, prosecutor-led diversion program aimed at nonviolent repeat female offenders that will allow for quick release of the female to meaningful monitoring program with support services aimed at addressing substance abuse, mental health, housing and employment, resulting in restoration of their social status. The goal of the program is to rapidly divert the defendant from the jail to a system that addresses underlying issues contributing to her criminal behavior. If she successfully completes the support program, pending charges are dismissed with prejudice. We would start with a data-driven review of the target population and then engage local stakeholders to create a map of available resources to support them.

Veterans Court

Problem

Too many veterans return home with health, substance abuse and/or psychosocial problems, making it difficult to re-enter the civilian population. A lack of jobs, along with family and housing issues, also takes its toll. When these veterans run afoul of the criminal justice system, it’s important for their unique circumstances to be understood and addressed.

Solution

Palm Beach County created a Veterans Court, partnering with federal, state and local agencies, to solve the participants’ underlying health, substance abuse and psychological problems. Honorably discharged veterans who commit certain misdemeanor and felony crimes are eligible upon the consent of the victims. Veterans Court is a non-adversarial atmosphere where a judge, prosecutor and public defender – all veterans themselves – work together to break the cycle of substance abuse and criminal behavior, and address mental and physical health issues. Perhaps most importantly, each veteran in the program is assigned a mentor — a fellow veteran usually from the same branch of service — to be there every step of the way. Working together, nearly all veterans successfully complete the program and return to a law-abiding life. Meanwhile, costs of pretrial incarceration have been reduced by 73%.

Parole Hearings Expedited

Problem

Parole hearings are often delayed, which can significantly impact someone’s life. My bill was inspired in part by the story of Mr. Robert Polk, who was on parole when a false charge was lodged against him. Despite the DA dismissing the charges quickly, Mr. Polk was immediately arrested and re-incarcerated for parole violation, where he had to wait more than a year for a parole hearing.

Solution

My bill provides expedited review by the board of parole, when requested by a judge or DA, to address cases when someone has been falsely accused of (and subsequently reincarnated) for a parole violation. Since the bill became law in April, we have become aware of at least one other case that warrants expedited review. Even just one case of an individual languishing in jail or prison when they are innocent necessitates the passage of this new law. We are excited at the prospect of folks being able to get out of jail or prison, allowing them to return to society and allowing our corrections system to become further unburdened. We also believe that this is a policy that could be widely adapted across the country.

Certificate of Employability Unlinking

Problem

Previously, the law stated that an ex-offender could petition for their certificate of employability, which is available to ex-offenders who committed non-violent crimes and can help them land a job, only if they were in the process of restoring their rights of citizenship, which is a lengthy process in its own right. This made it difficult for ex-offenders to get a job and reenter the workforce.

Solution

My bill unlinks the certificate of employability process from the restoration of citizenship to make it easier for ex-offenders to apply for the certificate and reentering the workforce.

Hardship Driver’s License for Probationers/Parolees

Problem

When a person is on probation or parole, very rarely are they current on the court fines, fees, and restitution they must pay as part of their reparations for the crimes they committed. Just as frequently, courts suspend the probationers’ and parolees’ driver’s licenses until the fines, fees, and restitution are paid in full. The problem, particularly in rural areas, is that if you do not have a driver’s license, then you have no means of transportation to travel to and from work or school. Without transportation, you cannot maintain a job. If you cannot maintain employment, then you certainly cannot pay your debt to society, nor can you support yourself or your family, at least through legal means. Crime frequently becomes the only option left.

Solution

A hardship license program will provide more crime victims with restitution, reduce recidivism, and spur employment and economic activity. The program would allow probationers and parolees who have not committed driving related offenses but who have had their driver’s licenses suspended for failure to pay fines, fees, or restitution, to have a restricted license, allowing them to drive to work and school. This gives them the legal means to travel to and from the job they have that they are using to pay off their fines, fees, and restitution, or to and from the education or training that will put them in a position to succeed in the future, or both. Their driver’s licenses remain restricted for these purposes until the fines, fees, and restitution are paid in full.

Helping Understand Barriers (HUB) Prosecutor Diversion Program

Problem

Many people commit non-violent crimes as a means of survival. Social determinants barriers, including unemployment and lack of food, may result in substance use, criminal activity, or other negative behaviors. These individuals often spend months to years cycling through the criminal justice system before they can or are able to make a change. Research supports we need to begin to view the criminal justice system through a public health lens to address recidivism. Our goal is to prevent crime through this front-end fulfillment of social services’ needs.

Solution

We perform an internal review of the cases to determine eligibility for the program. In court, a trained community health worker from a third party provider administers a 36 question screening tool about social determinants barriers and provides linkage to resources to address needs. Resources can include anything from employment prospects, treatment, transportation, or food access. This confidential information is stored in a HIPAA compliant database. The community health worker keeps the defendant on the health worker’s caseload throughout the diversion process to assist with any outstanding issues. Upon successful completion of the program, our prosecutors ask the court to dismiss the criminal case and agree to having the case sealed.

The Law Enforcement Trust and Transparency Act (LETT Act)

Problem

Police-involved deaths are frequently in the national headlines. Where racial profiling and bias in policing is common, this is the worst possible outcome. In Montgomery Co., the impetus for the passage of the LETT Act was the June 11, 2018 shooting death of Robert White, an unarmed 41-year-old resident with a known history of mental health issues, at the hands of a county police officer. In a case where racial profiling and bias played a role, police attempted to stop Mr. White as he walked near his Silver Spring home, killing him in a parking lot during the confrontation. We need to create more trust and transparency in the aftermath of these incidents, not just for the rights of residents but for the safety of law enforcement officers.

Solution

The LETT Act mandates independent investigations and a public report following any police-involved death. This will rebuild the trust lost between local law enforcement and the community — a critical bridge to promote community policing, and reducing crime before it occurs. The LETT Act addresses rebuilds trust between police and the community by requiring new levels of transparency in a critical area: deadly force. Investigators from an independent law enforcement entity deliver their findings to the County State’s Attorney where if charges not be brought, a public report out will occur. Our residents deserve to know what happened in these cases, and we should embrace outside investigations to protect against the potential for bias.

Rapid Assessment and Support Services Diversion (RASS)

Problem

Solution

Veterans Court

Problem

Solution

Parole Hearings Expedited

Problem

Solution

Certificate of Employability Unlinking

Problem

Solution

Hardship Driver’s License for Probationers/Parolees

Problem

Solution

Helping Understand Barriers (HUB) Prosecutor Diversion Program

Problem

Solution

The Law Enforcement Trust and Transparency Act (LETT Act)

Problem

Solution

Subscribe

Recent News

View All

State Official: 1864 abortion ban gives Arizona ‘black eye’

State and local leaders from across the nation shine spotlight on Phoenix’s vitality

New Poll: Freedom and Democracy Key to Vote Choice in 2024

NewDEAL Statement on Arizona Supreme Court Decision: One More Step in Stripping Away Rights of Millions of Women