Criminal Justice Issues Overview
Updated December 2007
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, juvenile
justice, criminal justice information sharing, and
victim rights and services.
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 legislatures face many challenges in considering
corrections and sentencing policies that both manage state spending and protect the public. Data
gathered by the NCSL Fiscal Affairs Program show
corrections spending grew 10 percent in 2006 over 2005; and
was budgeted to grow by 5.7 percent in FY 2007. Corrections expenditures have hovered for a decade at
about 6 percent of state general fund budgets, prompting
states to look for ways to trim costs and amend policies. Information collected from legislative fiscal
directors in November 2007, shows six states naming
corrections matters among the top fiscal issues they will face in 2008 sessions. An NCSL project with
The Pew Charitable Trusts, Public Safety Performance Project
on sentencing and corrections is helping states tap the best
research and information available to put a fiscal lens to sentencing and corrections policy options
and reforms. This includes considering offenders who might be appropriate for supervision and treatment
in the community, providing alternatives to returning to custody for probation and parole violators,
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.
Many areas of juvenile justice are ripe for reform in
states, as well. State juvenile justice legislation
includes delinquency and gang prevention measures, matters of gender and race in juvenile
confinement and policies that deal with mental health and competency issues. Recognizing and
responding to the mental health needs of juvenile
offenders and incorporating other community-based behavioral interventions for juvenile delinquents
have been among key state juvenile justice interests, alongside policies that deal with
mentally ill adult criminal offenders.
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 the age of juvenile court jurisdiction and
considering developmental and rehabilitative factors in defining which juveniles should be kept in
juvenile justice systems. NCSL is working with the
John D. and Catherine T. MacArthur Foundation on a project to assist states with juvenile justice
policy. Products and services help state legislatures incorporate research from the field in designing
reform options and look at program models in their deliberations to define and respond to juvenile crime.
New means to supervise and protect the public from
sex offenders are among top anti-crime issues today in states.
Global positioning satellite technology
is being deployed to monitor serious offenders in the community. The federal
Adam Walsh Child Protection and Safety
Act of 2006 places requirements on states with regard to sex offender registration and imposes a
10 percent reduction to federal law enforcement assistance grants for non-compliance by mid-2009. 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
and requires Internet-based information that contributes to a national registry. It is expected that many states will look at sex offender registration provisions in
2008 in light of this federal law.
Capturing DNA's crime-fighting potential
continues as an important theme in state crime control legislation. Forty-four states now have laws to
collect DNA samples from all convicted offenders, swelling
numbers of genetic profiles in state data bases. In 11 states, some arrestees are required to submit
a sample to the data base. States also are developing parallel data bases that create capacity for
using forensic DNA technology to identify
missing persons and unidentified remains. Laws allowing
post-conviction motions for DNA testing exist in many
states, today, as well.
Technology improvements have prompted state attention to criminal
justice information sharing, vital to modernizing and making criminal justice systems cohesive and
effective. State legislative actions authorize and enable systems and
provide funding that allows justice agencies to
maintain criminal data and exchange critical information. In most states, efforts are under way to
update and integrate systems for seamless sharing of
information. Also before state legislatures are policies regarding access to crime information, and
how the use of such information contributes to public safety and is balanced with privacy interests.
NCSL's Criminal Justice Program provides information and assistance to state legislatures and
contributes to an intergovernmental justice IT
consortium under an NCSL project with the Bureau of
Justice Assistance.
Abuse of prescription drugs accounts for
up to a third of all drug abuse in the United States today, and includes teens as well as adults.
Prescription Drug Monitoring Programs that provide an electronic
record of prescriptions of controlled substances provide the means for intervening when abusers seek
multiple prescriptions or criminals use prescription opportunities for illegal distribution. Other
actions in states today look to address drug-related crime with
special diversion and sentencing options. And,
many state legislatures have addressed methamphetamine and
its precursor substances. The federal Combat Methamphetamine Epidemic Act took effect in 2006,
incorporating many of the provisions states had enacted in previous years to stop the abuse of cold
medicine in the production of methamphetamine. State legislatures continue to fine-tune those laws,
while they also have provided leadership on measures to protect children and provide for clean-up,
treatment, education and private property matters.
Terrorism, related crimes and penalties have become part of
post-September 11, 2001, criminal justice systems, with policies to incorporate terrorist organizations,
actions and investigations into state criminal codes. These measures are but one part of
homeland security that affects nearly every aspect and level of
government.
Victims' rights and services are important responsibilities
of state lawmakers and a top concern of their constituents as they enact and support policies that prevent
and respond to crime victims. States have enacted a
variety of laws that address the rights of crime victims to receive notice, to participate in the
criminal justice process, to be compensated for losses, to receive restitution, and to have confidentiality
and employment protections. Many victims' rights efforts in state legislatures today are about
ensuring compliance with these laws.
NCSL provides research, information and assistance to state legislators and their staffs on these and
related issues, under a victims' project in partnership
with the federal Office for Victims of Crime.
NCSL Law and Criminal Justice Standing Committee has broad
jurisdiction that includes federalism and preemption, constitution and constitutional law, civil
rights and liability issues. 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 at
cj-info@ncsl.org or (303) 364-7700 in the Denver office and (202) 624-5400 in the D.C. office.
The NCSL Criminal Justice Program includes Donna Lyons, group director; Sarah Hammond and Alison Lawrence
in the Denver office. You may contact us at
cj-info@ncsl.org or (303) 364-7700 in the Denver office.
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