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Overview: Civil & Criminal Justice
Overview
Most crimes fall under the jurisdiction of states, making criminal justice an important perennial issue before state legislatures and a significant function and expenditure item for state and local governments. NCSL's Criminal Justice Program is a resource for state lawmakers and staff on a wide range of topics that reflect the many aspects and functions of criminal justice systems. Special projects help legislatures on issues related to sentencing and corrections policies and on juvenile justice. The Program also is a resource for legislatures on DNA and others issues related to crime, violence and victimization. Crime and public safety issues are included within the jurisdiction of NCSL's Law and Criminal Justice Standing Committee.
State legislatures are responsible for putting in place the policies that define what constitutes a crime, the procedures for responding to crime, sentencing structures and penalties, and funding and oversight of many of the government agencies that deal with crime, offenders and victims.
State legislative polices manage prison populations and costs, address offender and community needs, and contribute to the safe and fair administration of criminal justice. Many states today are looking to have an immediate impact on corrections expenditures while also ensuring that the public safety is protected into the future. This includes considering offenders who might be appropriate for supervision and treatment in the community, providing alternatives to return to custody for probation and parole violators, better preparing offenders for release and reentry into the community, and other strategies for and investments to reduce crime, recidivism and spending.
Capturing DNA's crime-fighting potential continues as an important theme in state crime control legislation. DNA data bases in states hold convicted offender samples, and a growing number of states are collecting DNA samples from those arrested for certain offenses. Most states also have post-conviction DNA testing laws; and some states have separate data bases that provide create capacity for using forensic DNA technology to identify missing persons and unidentified remains. This rapid expansion of DNA sampling and implications for its use also prompts states to review lab capacities, standards and oversight for forensic DNA, to facilitate best use of this modern technology for solving crimes and improving justice.
Many areas of juvenile justice are being reviewed in states, as well. State policies involve considering the appropriate balance between adolescent development and rehabilitation and need to hold young offenders accountable and keep communities safe. Recognizing and responding to the mental health needs of juvenile offenders and incorporating other community-based interventions and prevention approaches have been among key state juvenile justice interests. All states have policies for and processes by which serious and violent juveniles may be handled as adults; while a number of states today are addressing juvenile court jurisdiction and considering developmental and rehabilitative factors in defining which juveniles should be kept in juvenile justice systems.
Strengthening means to supervise and protect the public from sex offenders are among top anti-crime issues in states today. The federal Adam Walsh Child Protection and Safety Act of 2006 placed requirements on states with regard to sex offender registration, and many related state laws have followed. States face federal justice assistance grant penalty under the act that mandates information that must be collected; defines tiers of sex offenders for the purpose of registration duration; requires periodic, including in-person, verification of registration information and requires Internet-based information that contributes to a national registry. States also are addressing other crimes and victimization, with many new actions related to human trafficking and child sex trafficking and exploitation.
The NCSL Law and Criminal Justice Standing Committee has broad jurisdiction that includes federalism and preemption, criminal, civil and constitutional law. The many state criminal justice issues under the committee's jurisdiction include capital punishment, corrections, crime victims, drug crime, juvenile justice, law enforcement, probation and parole, and criminal sentencing. The committee serves as a forum for exchange of state ideas and experiences, as well as being the state-federal relations policy-making body for NCSL policies that fall within the committee's jurisdiction. NCSL's Law and Criminal Justice Committee is staffed by Donna Lyons in the Denver Office and Susan Frederick in the Washington, D.C. office. They can be contacted in Denver at cj-info@ncsl.org or (303) 364-7700 in the Denver office and (202) 624-5400 in the D.C. office.
NCSL federal affairs staff track and represent state interests on a variety of civil and criminal justice issues of interest to states. This includes federal laws directing state sex offender registration; and proposals that would affect state laws related to medical liability. Susan Parnas Frederick, federal affairs counsel in NCSL’s Washington D.C., office, may be contacted at standing.committee@ncsl.org.
The NCSL Criminal Justice Program in Denver includes Donna Lyons, group director; Sarah Hammond, Alison Lawrence, Anne Teigen, and Richard Williams. These policy staff cover the above state topics, as well as hot topics and other issues that come before state legislatures. You may contact state issues staff at cj-info@ncsl.org or (303) 364-7700 in the Denver office.
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Hot Topics and Features
 NCSL tracks many criminal justice issues, including hot topics like "Caylee's Law," how sex offender registration laws continue to adapt to requirements under SORNA; corrections and sentencing policy reforms; DNA and juvenile justice. More
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Webinar: Corrections, Juvenile Justice and Drugged Driving
 At least 10 states in the last two years have adopted sentencing and corrections reforms called "justice reinvestment," often directing savings to improve probation and parole supervision or expand drug treatment. More
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Principles of Effective State Sentencing and Corrections Policy
 The NCSL Sentencing and Corrections Work Group project was developed under an NCSL partnership with the Public Safety Performance Project (PSPP) of the Pew Center on the States. The project responds to the challenges faced by states as they consider corrections and sentencing policies that both manage state spending and protect the public. More
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State Sentencing and Corrections Legislation
 Sentencing and corrections policy is a perennial issue addressed by state legislatures. NCSL's Sentencing and Corrections Database provides information on enacted state sentencing, corrections and reentry legislation. More
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Seven Sentencing Principles (State Legislatures - December 2011)
 State lawmakers are reforming sentencing laws and correction policies across the country. They have two key objectives: Quickly cut state spending on corrections and ensure public safety is protected in the future. More
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Webinar: Recidivism Reduction and Justice Reinvestment
 Successful corrections and sentencing policies result in recidivism reduction and cost savings. Learn how recidivism is defined and measured, and how some states have achieved significant drops in recidivism, including "justice reinvestment" approaches. More
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Special Collections Overview
Overview
NCSL Executive Committee's Task Force on Homeland Security and Emergency Preparedness shares information on the relevant informational, financial and physical resources of state and local governments and the federal government in an effort to maximize the contributions that each level of government can provide to improve homeland security. In addition, the Task Force assists legislatures in sharing expertise and advice on issues of public safety, homeland security, emergency preparedness and public health in order to protect our democratic institutions and way of life.
The most costly property crime in the United States, auto theft today often is carried out by sophisticated criminal enterprise as a profitable business. Auto theft results in monetary losses to victims and affects auto insurance costs for the driving public and public safety costs for state and local governments. A joint project of NCSL's Foundation for State Legislatures and the Criminal Justice and Transportation Programs, has discussed and developed sound principles for state auto theft prevention, as a partnership between selected legislators, staff and foundation members.
DNA technology continues to transform criminal justice systems. DNA databases include convicted offender samples from growing numbers of convicted offenders, and other policies address statutes of limitations and refine post-conviction opportunities based on DNA. The National Institute of Justice (NIJ) provides leadership to help states and localities meet the promise of improved public safety and administration of justice through modern forensic technology. NCSL has partnered with NIJ to inform state legislators and staff of the benefits and the requirements for building DNA capacity in criminal justice systems.
Modern juvenile justice policy often requires considering the appropriate balance between healthy development of adolescents and the need to hold young offenders accountable and keep communities safe. The National Conference of State Legislatures has partnered with the John D. and Catherine T. MacArthur Foundation, under the Models for Change initiative that helps inform states with research on adolescent development and action networks focusing on mental health needs of young offenders, indigent defense issues, and strategies to address disparities in numbers of minority youth in juvenile justice systems. The project expands NCSL capacity for providing information and assistance to state legislatures as they address related juvenile justice issues.
After several decades of rapid growth in state prison populations, the United States now has one in every 100 adults in a prison or jail. An even wider net captures offenders under correctional supervision in the community, making one in 31 adults under correctional control today, according to Public Safety Performance Project of the Pew Center on the States. NCSL has partnered with the Pew to help state legislatures look at sentencing and corrections options that, especially in tough economic times, make best use of state dollars without compromising public safety. The project expands NCSL capacity for providing information and assistance that helps states address sentencing and corrections issues.
States have until mid-2009 to comply with Title I Sex Offender Registration and Notification Act (SORNA) provisions of the federal Adam Walsh Child Protection and Safety Act of 2006, or face a 10 percent reduction to federal law enforcement assistance grants. The act mandates information that must be collected; defines tiers of sex offenders for the purpose of registration duration; requires periodic, including in-person, verification of registration information; requires internet-based information that contributes to a national registry; and other related requirements. Many new state laws address related policies for adult and juvenile sex offender registration. NCSL's Law and Criminal Justice Committee has maintained liaison with the federal SMART office responsible for implementing SORNA; and at present that office is granting compliance extensions to a number of states that are working on or analyzing compliance provisions.
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Hot Topics: Civil & Criminal Justice
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NCSL Civil and Criminal Justice Program
Contact
Featured Publication
- To improve employment prospects for ex-offenders, states have adopted policies to encourage their employment, addressed employer liability and hiring incentives, expanded eligibility for record-clearing policies, and supported employment training and reentry programs. “Ex-Offender Employment Opportunities,” discusses these topics as part of successful offender reentry strategies.
Spotlight On: Reducing Recidivism
- The challenges and significance of recidivism data in sentencing and corrections policy are discussed in this Q&A with Howard Snyder, chief of Recidivism, Reentry and Special Projects for the Bureau of Justice Statistics.
New Resource: NCSL DNA Database
- Includes information on state laws addressing offender DNA databases, arrestees, accreditation and oversight, post-conviction policies.
- Watch this webinar to learn more about what’s in the database and how to use it.
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Hot Topics
NCSL tracks perennial criminal justice issues, and also provides information and analysis on current hot topics of interest to lawmakers and their constituents. including hot topics like "Caylee's Law," how sex offender registration laws continue to adapt to requirements under SORNA; and new developments in corrections and sentencing policy reforms; DNA in crime and justice; and juvenile justice.
Issues covered here:
“Caylee’s Law” -- Concerns stemming from the death of Caylee Anthony and the trial and acquittal of her mother Casey by a Florida court have prompted proposals to criminalize failure to report a missing or dead child.
Synthetic Drug Threats -- State legislatures nationwide have outlawed two new synthetic drugs--synthetic cannabinoids and substituted cathinones, commonly known as “Spice” or "K2," and “bath salts.”
Sex Offender Registration and Adam Walsh – Title I, Sex Offender Registration and Notification Act (SORNA) provisions of the federal Adam Walsh Child Protection and Safety, set many federal requirements of states. Compliance deadline was July 27, 2011 and penalty of 10 percent reduction of federal law enforcement assistance grants.
Domestic Child Sex Trafficking – The commercial exploitation of American children within U.S. borders has become a growing state concern.
Bailing Out – Many states are addressing bail and the regulation of the commercial bail industry, and types of pretrial release.
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Corrections and Sentencing
Corrections and Sentencing
State legislatures have an important role in enacting sentencing and corrections policies that manage prison populations and costs, address offender and community needs, and contribute to the safe and fair administration of criminal justice. This includes considering offenders who might be appropriate for community-based supervision and treatment; providing alternatives to incarceration for probationers and parolees who break the rules; better preparing offenders for release and reentry into the community; and other ways of reducing reliance on and growth in spending for prisons without compromising public safety.
Prisons are necessary to incapacitate the most serious offenders. But prisons are also expensive, with about $9 out of every $10 spent on corrections going to state prisons. These high and increasingly unsustainable costs of prisons, coupled with the fact that more than four in 10 offenders will be back in prison within three years of release, has prompted many states to rethink how they operate their sentencing and corrections systems.
"Principles of Effective State Sentencing and Corrections Policy" is the product of a bipartisan NCSL work group, in partnership with the Public Safety Performance Project of the Pew Center on the States, released at the 2011 NCSL Legislative Summit.
It provides overarching principles for legislatures to use in addressing sentencing and corrections policies and identifies state strategies and examples, including:
- Determining criminal sentences;
- Managing offenders in the community;
- Treating drug offenders;
- Using data and evidence;
- Preventing crime and reducing recidivism.
Watch members of the work group discuss the principles at work in their own states that have improved public safety, reduced recidivism and controlled corrections cost.
Other key NCSL products and resources:
Other topics and resources:
You can see all the documents related to this topic by clicking on the document library tab at the top of this page or you can search all civil and criminal justice documents on the site here.
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DNA, Crime Records and Information
DNA Analysis
During the last 20 years, DNA analysis has developed into one of law enforcement’s most effective crime fighting tools. DNA analysis allows laboratory personnel to match biological samples from suspects to crimes scenes, crime scenes to other crime scenes and even crime scenes to family members of the suspects. DNA analysis has gained the attention of legislators for its ability to aid law enforcement in reducing crime, catching repeat offenders and exonerating those wrongfully convicted of crimes.
States utilize DNA analysis for many crime fighting purposes. NCSL’s DNA Laws Database identifies key issues in DNA analysis and summarizes state laws to regulate them. Laws in the database include:
Publications
These publications address areas that states are working on to improve forensic science and fight crime.
- The potential benefits of forensic science for the criminal justice system currently are met with practical concerns about lab capacity, funding and appropriately trained personnel. Building Forensic Technology Capacity
- According to the National Academy of Sciences, most Americans believe that forensic science practices are comparable to the flawlessly executed procedures seen on television programs. While it is true that forensic investigative techniques have largely benefited the criminal justice system, proficiency and oversight needs persist. Strengthening Forensic Science Oversight
- Lawmakers are expanding the use of forensic technology to battle crime. State Legislature Magazine article: The DNA Factor
Resources
You can see all the documents related to this topic by clicking on the document library tab at the top of this page or you can search all civil and criminal justice documents on the site here.
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Juvenile Justice
Preventing and addressing juvenile crime and delinquency remain perennial issues in state legislatures today. State lawmakers are central to the planning and reforming of juvenile justice. Policies require balancing the interests of rehabilitation, public safety and preserving the rights of juveniles, while attempting to cut costs and reduce crime. Enactments in recent years have included those that work to prevent delinquency, provide treatment for alcohol, drug and mental health problems, protect the confidentiality of juvenile records, and otherwise distinguish young people from adult offenders. The resources on this web page address these and other key issues on state juvenile justice systems.
Just Released
2011 Juvenile Justice State Legislation – Summary of juvenile justice laws enacted in 2011 related to legal services and other due process protections during court proceedings, sentencing reform, prevention and diversion programs, and the expungement of records.
Juvenile Justice Guide Book for Legislators – Under an NCSL/MacArthur Foundation partnership, NCSL has published a juvenile justice guide book addressing the most important juvenile justice policy issues of the day. This juvenile justice primer highlights significant research, program approaches and gives examples of state legislation. The following sections are included:
- Adolescent Development and Competency; Delinquency Prevention and Intervention; Indigent Defense, Counsel and Procedural Issues; Mental Health Needs of Juvenile Offenders; Disproportionate Minority Contact; Medicaid for Juvenile Justice Involved Children; Reentry and Aftercare; Cost-Benefit Analysis of Juvenile Justice Programs; References, Glossary and Resources
Juvenile Justice Bill Tracking Database – The database tracks all pending and enacted bills on pertinent juvenile justice issues and allows you to search by topic, state, key word or year.
Events
November 1-4, 2011: Lawmakers visited Orlando, Florida for a "Juvenile Justice Model Site Visit" highlighting the MacArthur Foundation's "Juvenile Indigent Defense Action Network."
Other Publications
You can see all the documents related to this topic by clicking on the document library tab at the top of this page or you can search all civil and criminal justice documents on the site here.
NCSL Partners
The National Conference of State Legislatures has a long-standing partnership with the John D. and Catherine T. MacArthur Foundation headquartered in Chicago, Ill., to inform and assist state legislatures on juvenile justice issues. The foundation supports research, model programs, policy analysis and public education to promote more effective juvenile justice systems across the country. The foundation currently is working in four core states to establish models for successful reform as part of its national juvenile justice initiative and in 12 additional Action Network states that work on specific issues, such as mental health, disproportionate minority contact and indigent defense.
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Violence and Victimization
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NCSL Civil and Criminal Justice Program
Contact
Featured Publications
Hot Topic
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Violence and Victimization
The impact of crime and violence on communities and on victims is an important concern of criminal justice systems and related state legislative policies. Often, policies are influenced by rates of crime and the public’s perception of the threat of serious and violent crimes. State legislatures benefit from accurate, current and comparative information on crime and responses to crime.
Policies to monitor and restrict known sex offenders have been high on state legislative agendas in recent years. More recently, states also are addressing human trafficking and child sex trafficking among emerging victimization issues.
Laws concerning victim rights and services have long been a priority of state legislators and their constituents. Policies to compensate, confer with and protect victims continue to evolve and improve in states.
The documents in this collection include articles that discuss crime and violence rates, trends and responses, provide information on state laws on crimes and victimization and provide information on victim rights and services policies.
Here are some key issues and documents:
Resources:
You can see all the documents related to this topic by clicking on the document library tab at the top of this page or you can search all civil and criminal justice documents on the site here.
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Federal Issues
Action Alert! Reauthorization of the Adam Walsh Act
Reauthorization of the Adam Walsh Child Protection and Safety Act of 2006 which includes the Sex Offender Registration and Notification Act (SORNA) is scheduled for mark-up in the House of Representatives Judiciary Committee in late October 2011. We urge you to contact the members of this committee to vote in favor of several amendments favorable to states. Backgrounder SORNA.
Medical Malpractice
Medical malpractice, product liability and other areas of tort reform are areas of law that have been traditionally and successfully regulated by the states. States have addressed issues regarding licensure, insurance, court procedures, victim compensation, civil liability, medical records and related matters. See NCSL comments on H.R. 5, the “Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2011."
Medical Liability: State Legislative Experiences Webinar
Most states have taken up the issues surrounding medical malpractice and handle the issues surrounding the filing and processing of these cases in ways that are consistent with existing state law, giving due consideration to factors that may be unique to a particular state. This webinar highlights recent state legislation and includes an update on federal legislation threatening preemption. Archived webinar of Sept. 9, 2011.
Domestic Minor Sex Trafficking
Summary of S 2925 “Domestic Minor Sex Trafficking and Deterrence and Victims Support Act of 2010,” that would establish a grant program to benefit victims of sex trafficking.
Supreme Court Roundup – 2011 Legislative Summit Session
On Aug. 9, 2011 at NCSL's Legislative Summit in San Antonio, Texas, the Law and Criminal Justice Committee and the Legal Services Staff Section had a joint session that examined the role of state legislatures in a constitutional framework and heard an analysis of the recently filed healthcare lawsuits. Participants also received a briefing on recent United States Supreme Court decisions rendered in the 2010 term that affected state government, including Whiting v. Chamber of Commerce (immigration, e-verify) and Brown v. Entertainment Merchants Association (sale of violent video games to minors).
The State & Local Legal Center
The State & Local Legal Center files amicus briefs, conducts moot courts and provides other assistance in connection with the U.S. Supreme Court.
Other Resources
You can see all the documents related to this topic by clicking on the document library tab at the top of this page or you can search all civil and criminal justice documents on the site here.
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NCSL Civil and Criminal Justice Program
Contact
Featured Publication
- To improve employment prospects for ex-offenders, states have adopted policies to encourage their employment, addressed employer liability and hiring incentives, expanded eligibility for record-clearing policies, and supported employment training and reentry programs. “Ex-Offender Employment Opportunities,” discusses these topics as part of successful offender reentry strategies.
Spotlight On: Reducing Recidivism
- The challenges and significance of recidivism data in sentencing and corrections policy are discussed in this Q&A with Howard Snyder, chief of Recidivism, Reentry and Special Projects for the Bureau of Justice Statistics.
New Resource: NCSL DNA Database
- Includes information on state laws addressing offender DNA databases, arrestees, accreditation and oversight, post-conviction policies.
- Watch this webinar to learn more about what’s in the database and how to use it.
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Hot Topics
NCSL tracks perennial criminal justice issues, and also provides information and analysis on current hot topics of interest to lawmakers and their constituents. including hot topics like "Caylee's Law," how sex offender registration laws continue to adapt to requirements under SORNA; and new developments in corrections and sentencing policy reforms; DNA in crime and justice; and juvenile justice.
Issues covered here:
“Caylee’s Law” -- Concerns stemming from the death of Caylee Anthony and the trial and acquittal of her mother Casey by a Florida court have prompted proposals to criminalize failure to report a missing or dead child.
Synthetic Drug Threats -- State legislatures are outlawing new synthetic drugs--synthetic cannabinoids and substituted cathinones, commonly known as “Spice” or "K2," and “bath salts.”
Sex Offender Registration and Adam Walsh – Title I, Sex Offender Registration and Notification Act (SORNA) provisions of the federal Adam Walsh Child Protection and Safety, set many federal requirements of states. Compliance deadline was July 27, 2011 and penalty of 10 percent reduction of federal law enforcement assistance grants.
Domestic Child Sex Trafficking – The commercial exploitation of American children within U.S. borders has become a growing state concern.
Bailing Out – Many states are addressing bail and the regulation of the commercial bail industry, and types of pretrial release.
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Issues & Resources
Find the NCSLstaff member who handles the issue in which you are interested.
NCSLprovides access to current state and federal legislation and a comprehensive list of state documents, including state statutes, constitutions, legislative audits and research reports.
Members
As legislators and legislative staff, you are part of the nation's largest, most influential and only bipartisan organization of state legislators and staff.Learn about the resources NCSL has for you.
NCSL offers an array of services for legislative staff. Find out what's available.
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