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Overview: Civil & Criminal Justice

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Overview

Updated April, 2013

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 sentencing and corrections policies, juvenile justice, and crime information, including policies that expand use of DNA to investigate and solve crimes.  These and other 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 legislatures are meeting the challenge of crafting corrections and sentencing policies that both manage state spending and protect the public. For two generations, prison populations and their associated costs were on the rise, but more recently states have been moving the needle the other direction.  In 2009, for the first time in 37 years, the number of state prisoners declined and has continued to do so.  In a growing number of states, “justice reinvestment” strategies are contributing to this trend.  More than two dozen states have enacted data-driven reforms and significant reallocations in more than a dozen show promising results.  An important part of these reforms are legislative requirements that courts, supervision agencies and release authorities use tools that provide for valid risk and needs assessments; and that dollars follow only evidence-based programs and practices.

Included in state corrections and sentencing reforms has been how criminal justice systems deal with drug offenders.  A variety of policies divert some of these offenders to treatment as a strategy that contributes both to crime control and cost control.   State attention also is focused on new synthetic drug threats, with many legislatures nationwide acting to outlaw synthetic cannabinoids (commonly known as “Spice” or “K2” and substituted cathinones (or “bath salts.)  

States today continue to enact policies to register, restrict and monitor sex offenders.  Some laws address federal requirements under the Adam Walsh Child Protection and Safety Act of 2006, with policies addressing who must register, including some juvenile offenders, tier classifications of offenders, duration of registration requirement and what information must be collected and shared.  Many states today require that certain sex offenders provide Internet addresses and identifiers as part of the registration requirement.  These policies are part of intergovernmental efforts to reduce cyber-victimization, especially to keep children safe online.

Capturing DNA's crime-fighting potential continues as an important theme in state crime control legislation. The earliest  DNA sampling policies in states applied mostly to sex offenders, while today all convicted felony offenders, some misdemeanants and in some states must provide a sample.   States also are developing parallel data bases that use forensic DNA technology to identify missing persons and unidentified remains.  Use of DNA in post-conviction claims of innocence has been an important development in states.  Most states now have policies specifically allowing post-conviction motions for DNA testing, and related policies address preservation of DNA evidence.

State legislatures consider and enact laws that address all aspects of pretrial release, including release eligibility, conditions of release, bail, commercial bail bonding, and pretrial diversion. These legislative policies have an important role in providing for fair, efficient and safe pretrial practices carried out by law enforcement and the courts.  There were nearly three-quarters of a million individuals in jail at midyear 2011, according to the Bureau of Justice Statistics, and 61 percent of those were pretrial, that is awaiting court action on a current charge.  Many people who have been arrested and charged with a crime are eligible for release prior to trial, often with conditions set to ensure their return for court appearance.  State interest is growing in how to make pretrial release more safe, effective and cost effective.  In 2012, 40 states considered 395 bills or resolutions related to pretrial release, and of those there were 114 enactments in 33 states.  Common issues addressed include eligibility for release, release options and commercial bail.

There are several important trends in juvenile justice.  Research has contributed to legislative trends to distinguish juvenile from adult offenders and define the jurisdiction of the juvenile court. In some states this includes expanding procedural protections by making developmental immaturity a factor in determining if a juvenile should be tried in criminal court.  Scientific screening and risk assessment tools are being employed to structure decision-making and identify needs of young offenders.  Other legislative actions have increased due process protections for juveniles, reformed detention and addressed racial disparities in juvenile justice systems. 

The NCSL Criminal Justice Program includes Donna Lyons, group director; Sarah Brown, Alison Lawrence, Anne Teigen, and Richard Williams in the Denver office. You may contact us at cj-info@ncsl.org or (303) 364-7700 in the Denver office.

 

News

Hot Topics and Features

NewsNCSL tracks many criminal justice issues, including hot topics like unmanned aerial vehicles; synthetic drug threats; juvenile life without parole; death penalty; how state sex offender registration laws are adapting to federal requirements and other issues.  More

 

Miller v Alabama -- Mandatory Life Without Parole Sentences are Unconstitutional for Juveniles

Miller v Alabama -- Mandatory Life Without Parole Sentences are Unconstitutional for JuvenilesOn June 25, 2012, the United States Supreme Court, in Miller v. Alabama, ruled that imposing mandatory life sentences without the possibility of parole on juveniles violates the Eight Amendment of the United States Constitution.  More

State Sentencing and Corrections Legislation 

State Sentencing and Corrections LegislationMany new state actions are updating sentencing and corrections policies.  NCSL's Sentencing and Corrections database reports significant enactments, including recent update with 2012 enactments.   More

Trends in Juvenile Justice State Legislation 2001-2011 

State Sentencing and Corrections LegislationA rise in serious juvenile crime in the late 1980s and early 1990s led to state laws that moved away from the traditional emphasis on rehabilitation in the juvenile justice system toward tougher, more punitive treatment of youth, including adult handling.  More

Justice Reinvestment 

Justice ReinvestmentThroughout state government, lawmakers are interested in results-based policies.  At least 27 states have made some kind of justice reinvestment and significant reallocations in more than a dozen states show promising results.  See NCSL resources and learn from experts.  More

Spring Forum:  Law and Criminal Justice Committee

NCSL's Spring ForumThe Law and Criminal Justice Committee will be meeting at the Spring Forum in Devner, Colo., on May 2-4, 2013.  Register now.  More

 

Special Collections Overview

Content

Overview

Anti-Terrorism Crimes and Penalties

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.

Auto Theft Prevention Partner's Project

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 in Criminal Justice

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.  

Information Juvenile Justice Policy

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.

Public Safety Performance Project

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.

Sex Offender Registration and Adam Walsh

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. 

 

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.

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 issues like unmanned aerial vehicles; synthetic drug threats; juvenile life without parole sentences; death penalty; human trafficking; and how state sex offender registration laws are adapting to federal requirements. 

Issues covered here:

Unmanned Aircraft Systems
Unmanned aircraft systems, also commonly called unmanned aerial vehicles (UAVs) or drones, and their technological enhancements have captured the attention of government officials, the media and the general public. 42 states have introduced drone legislation in 2013 and states are addressing questions about their practical uses, economic impact and concerns over privacy. To find information on state enactments and pending legislation on this issue.  (More)

Synthetic Drug Threats
State legislatures nationwide have outlawed two synthetic drugs--synthetic cannabinoids (commonly known as "Spice" or "K2") and substituted cathinones (or “bath salts”).  (More)
 
Mandatory Life Without Parole Sentences Held Unconstitutional for Juveniles in Miller v. Alabama
On June 25, 2012, the United States Supreme Court, in Miller v. Alabama, ruled that imposing mandatory life sentences without the possibility of parole on juveniles violates the Eight Amendment of the United States Constitution.  (More)
 
Death Penalty
This year Maryland abolished the death penalty; and in recent years Connecticut, Illinois, New Mexico and New Jersey also have removed the death penalty, replacing it with a sentence of life imprisonment with no opportunity for parole. Meanwhile, states across the country continue to debate its fairness, reliability and cost of implementation.  (More)
 
Human Tafficking
 It is estimated that there are as many as 18,000 cases of human trafficking that occur within the United States each year.  Human trafficking is the illegal buying, selling, and smuggling people, usually women and children, to profit from their forced sexual servitude and labor.  State leaders continue to search for effective ways to combat traffickers while protecting and providing support for the victims of these crimes.  (More)
 
Sex Offender Rgistration and Federal SORNA
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.  (More)
 
Sex Offender Legislation
Sex offender policies continue to be high on state legislative agendas. Some enactments respond to the federal Sex Offender Registration and Notification Act (SORNA) provisions of the federal Adam Walsh Child Protection and Safety Act of 2006. Other state actions place residence and other restrictions on sex offenders.  (More) 
 
Other issues: 

 

Corrections and Sentencing
Handcuffed prisoner

NCSL Civil and Criminal Justice Program

Contact

  • NCSL Criminal Justice Program in Denver, Colorado, (303) 364-7700 or cj-info@ncsl.org

Recent Events

Featured Publications

NCSL Partners

Corrections and Sentencing

View all documents related to this topic by clicking on the document library tab at the top of this page.

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.

Announcing - a new NCSL Justice Reinvestment resource page and interviews with experts on State Assistance with Justice Reinvestment Reforms.

"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.

Recent Webinars

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.

 

 

DNA
Handcuffed prisoner

NCSL Civil and Criminal Justice Program

Contact

  • NCSL Criminal Justice Program in Denver, Colorado, (303) 364-7700 or cj-info@ncsl.org.

Hot Topic

NCSL Partners

DNA, Crime Records and Information

View all documents related to this topic by clicking on the document library tab at the top of this page.

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.

 

 

Juvenile Justice
Handcuffed prisoner

NCSL Civil and Criminal Justice Program

Contact

  • NCSL Criminal Justice Program in Denver, Colorado, (303) 364-7700 or cj-info@ncsl.org

Hot Topic

Featured Publication

Recent Events

Juvenile Justice

View all documents related to this topic by clicking on the document library tab at the top of this page.

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.

Announcing

2013 Juvenile Justice Issue Post Card - States with Juvenile Competency Laws.  See the first post card in this series online.

Trends in Juvenile Justice State Legislation

Juvenile Justice Trends in State Legislation, 2001-2011” - Written in 2012, under a partnership with the John D. and Catherine T. MacArthur Foundation in Chicago, Illinois, this new report illustrates the trends in juvenile justice enactments over the past decade.  The report is a summary analysis of 2001-2011 juvenile justice legislation in all 50-states and describes the direction of state juvenile justice policy over this ten-year period.  It highlights significant pieces of legislation and catalogs the volume and variety of juvenile justice legislation enacted in states.  

The 2013 Juvenile Justice Quarterly newsletter is an NCSL electronic newsletter for state legislators, legislative staff, and others interested in state juvenile justice policy. This newsletter provides periodic updates on juvenile justice legislation and budgets; highlights innovative policies and programs; and connects you with new reports and news of upcoming NCSL events.

2012 Juvenile Justice State Legislation focused on conditions of a juvenile’s confinement, detention reform, treating juveniles different than adults and expungement of juvenile records.

2012 Legisbriefs: Disproportionate Minority Contact - one in four U.S. residents is under age 18. Some 59 percent are white and 31 percent are racial minorities, yet 68 percent of young people detained by law enforcement were racial minorities, according to 2010 reports from the Department of Justice's Office of Juvenile Justice and Delinquency Prevention (OJJDP); and Shackling Juveniles During Court Appearances - state legislatures and courts across the country are taking a closer look at the practice of placing juveniles in shackles during court appearances without first assessing each juvenile's behavior.

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.
 

Juvenile Justice Guide Book for Legislators  – Under an NCSL/MacArthur Foundation partnership, NCSL has published a juvenile justice guide bookaddressing 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

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, under their Models for Change initiative, 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.

 

      
 

 

Violence and Victimization
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NCSL Civil and Criminal Justice Program

Contact

Featured Publications

Hot Topic

  • NCSL Committees discuss how states are combating exploitation of minors in child sex trade.

Violence and Victimization

View all documents related to this topic by clicking on the document library tab at the top of this page.

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.

 

Federal Issues
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Hot Topic

Federal Issues

View all documents related to this topic by clicking on the document library tab at the top of this page.

Action Alert! Reauthorization of the Adam Walsh Act
H.R. 3796, “The Adam Walsh Reauthorization Act of 2012”, passed by voice vote in the U.S. House of Representatives  Judiciary Committee on July 18th and was referred to the U.S. Senate Judiciary Committee on August 2nd. While in the House, many amendments were offered  by Congressman Bobby Scott (VA) and four passed. The first of the four passed amendments dedicates a funding stream of $2.9 million for Fiscal Years 2012-2017 in juvenile sex offender treatment grants. The second amendment gives state flexibility whether or not to place juvenile offenders on public registry. The third amendment requires the National Institute of Justice to submit an annual report to Congress on the impact of juvenile registration. The fourth passed amendment clarifies that only state Byrne/JAG funds are affected by the 10% non-compliance penalty. 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.

 

Other Issues
Handcuffed prisoner

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.

Other Issues

View all documents related to this topic by clicking on the document library tab at the top of this page.

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. 

  

 

Pretrial Release
Handcuffed prisoner

NCSL Civil and Criminal Justice Program

Contact

  • NCSL Criminal Justice Program in Denver, Colorado, (303) 364-7700 or cj-info@ncsl.org.

Featured Publications

NCSL Partners

Pretrial Release

View all documents related to this topic by clicking on the document library tab at the top of this page.

State legislatures consider and enact laws that address all aspects of pretrial release, including release eligibility, conditions of release, bail, commercial bail bonding, and pretrial diversion. These legislative policies have an important role in providing for fair, efficient and safe pretrial practices carried out by law enforcement and the courts.  There were nearly three-quarters of a million individuals in jail at midyear 2011, according to the Bureau of Justice Statistics, and 61 percent of those were pretrial, that is awaiting court action on a current charge.  Many people who have been arrested and charged with a crime are eligible for release prior to trial, often with conditions set to ensure their return for court appearance.

State interest is growing in how to make pretrial release more safe, effective and cost effective.  In 2012, 40 states considered 395 bills or resolutions related to pretrial release, and of those there were 114 enactments in 33 states.
 



New Resources


NCSL’s 2013 collection of pretrial release laws contains summaries and charted information on various pretrial policies.

Pretrial Legislation Overviews

2013 pretrial legislation Mid-Year update, June 2013.

 2013 pretrial legislation update, March 2013.  

2012 Pretrial Release Legislation Overview highlights legislative interests and actions, including eligibility for release, release options and commercial bail.
 

 

 

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.

Denver Office
Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230

 

Washington Office
Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001

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