Brief Reentry Legislation: 2022 Summary

Comprehensive Reform and Automatic Record Clearing 

Ohio passed a sweeping criminal justice reform bill in the final hours of 2022. In the almost 500-page act, the Legislature modified various aspects of the law regarding crimes and corrections, trial procedures, etc. Other provisions amended criminal record sealing and expungement procedures. The new law allows expungement of felonies after 10 years from an individual’s final discharge date, misdemeanors after one year and minor misdemeanors after six months.  

Oklahoma passed an automatic record clearing, or “clean slate,” bill that allows individuals with eligible cases to have their criminal records sealed automatically. The bill requires the state Bureau of Investigations to identify eligible cases monthly and submit them to the prosecuting and arresting agencies. Following a 35-day period to object, a notice is sent to the court clerk and law enforcement agencies to seal the record. Prosecutors may object if the agency believes the case is not a clean slate eligible case, restitution has not been paid or the agency has reasonable belief that the individual is continuing to engage in criminal activity.  

Rhode Island passed a law requiring the court to automatically seal the records of any criminal case that was dismissed by a prosecutor.  

Studies of Efficacy/Oversight

California required the state Rehabilitation Oversight Board to address the housing needs of incarcerated persons who are released to the community, including those who are identified as having serious mental health needs, and to include specified data on homelessness in its reports.

Mississippi created a committee to study the challenges of monitoring formerly incarcerated individuals to reduce recidivism through targeted support, supervision and skills attainment, and to recommend solutions.

Virginia required its secretary of Public Safety and Homeland Security to convene a group to study work release programs. The group shall review the availability of both public and private employment for people eligible for work release within the locality of a correctional facility.

Utah established the Higher Education and Corrections Council to advise the Board of Higher Education, the Education Interim Committee and the Higher Education Appropriations Subcommittee. The bill requires the council to make recommendations regarding the delivery of education in the state’s correctional facilities and collect certain critical data.

Fines and Fees 

Alabama created a 180-day grace period to repay court-imposed fines and fees after someone is released from incarceration.  

California exempted people who meet specified criteria from paying court fees and costs. Additionally, the bill prohibits a court from denying relief under these provisions solely on the basis that the person has not satisfied their restitution obligations. 

Louisiana required its courts to determine an offender’s ability to pay the financial obligations imposed. The law authorizes the court to waive, modify or create a payment plan for the financial obligations. Additionally, the law provides procedures for the recovery of uncollected monetary obligations at the end of a probation period. Louisiana also passed a law clarifying that if the financial obligations imposed would cause substantial hardship to the person or his or her dependents, the court cannot require jail time for the inability to pay. The law only applies to defendants convicted of traffic offenses, misdemeanor offenses or certain felonies.