One of the most read articles Lions of Liberty has ever published centers on privately owned prisons (the majority) suing states over dropping incarceration rates, which – by contract – had to hover between 70-100% depending on the agreement. States were actually incentivized to keep prisons full by any means possible to avoid being sued or paying penalties incurred by lower prison populations. If you haven’t already read the piece, make it a point to do so, as it’s a shocking display of crony capitalism, lobbying and a system designed to keep prisons full and pockets well lined with cash. It’s pure evil.

I’ve been eagerly awaiting a report from The Sentencing Project, an advocacy and training group that works to reform the criminal justice system for the better. That report, The State of Sentencing 2014, came out on Tuesday. It’s a lengthy document that I recommend reading, but I wanted to include some important factoids and also some of the progress made in certain states.

From the State of Sentencing 2014:

The United States maintains its distinction as the nation with the highest rate of incarceration in the world. The total correctional population of 6.9 million consists of more than 2.2 million people in prison or jail and 4.7 million under community supervision on probation or parole.

USA! USA! USA!

After a few years of modest decline, the Bureau of Justice Statistics reported that the nation’s prison population grew slightly in 2013. The state prison population numbered 1,574,700, representing an increase of 4,300 since the previous year, but below its high of 1,615,487 in 2009.

Clearly this is a long-existing problem – if America’s prison population issue was a teacher, it would have tenure by now. But, there is good news as the War on Drugs continues to be assaulted from virtually all sides and more logical sentencing is adopted in various states.

Some highlights from the report, which are elaborated on in the full document:

Alaska – Legalized possession and cultivation of marijuana for adults California – Authorized reclassification of felony offenses including retroactive petition to the court for downgrading of eligible offenses. Equalized sentencing disparities for certain crack and cocaine powder offenses. Codified presumption of community supervision for certain realignment offenses. Expanded public benefits to persons with certain felony drug convictions. Established intensive reentry pilot program to assist with basic needs. Scaled back licensing restrictions for certain convictions. Required individual assessments for young inmates. District of Columbia – Eliminated criminal penalties for certain marijuana offenses. Enacted “ban the box” provision by restricting background checks for prospective employment. Florida – Scaled back certain mandatory minimums and expanded judicial discretion for specified offenses. Kentucky – Approved comprehensive juvenile justice reform Maryland – Eliminated criminal penalties for certain marijuana offenses. Restored limited judicial discretion in certain juvenile transfer cases. Missouri – Enacted comprehensive rewrite of criminal code including eliminating jail time for certain low-level marijuana offenses. Modified federal lifetime felony drug ban on welfare benefits New York – Allowed medical marijuana. Authorized judicial discretion in sentences to probation terms. Oregon – Permitted possession of marijuana in limited quantities Tennessee – Approved jail sentence reductions. Established certificates of rehabilitation Vermont – Enacted changes to criminal code under justice reinvestment initiative. Authorized uniform collateral consequences of conviction act.

As you can see there has been progress, however there is still vast room for reform and meaningful change – ideally with states taking California’s lead on “hard” drugs and with the full end to prohibition on marijuana.

This is truly one of the most important issues in current day America. Millions are jailed for nonviolent crimes, their liberty taken away for years, and their livelihood in jeopardy when they finally gain their release.

For more on the War on Drugs and the fallout and impact it has on America, give a listen to Marc Clair’s interviews with former police officer (and drug war opponent) Raeford Davis and James Carli of the Drug Policy Alliance on the Lions of Liberty Podcast.

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