Reentry legislation in 2023 focused on criminal record clearing and expungement, employment eligibility and readiness, fines and fees, and notice to victims. State lawmakers also passed appropriations bills providing funding to reentry programs and directing work groups to study inmate work release programs.
Clearing Criminal Records
Tennessee passed a bill providing that all public records of a person who has been charged with a misdemeanor or a felony must, upon petition by that person, be removed and destroyed without cost to that person. Tennessee also passed legislation providing that a person who was convicted of illegal registration or voting is eligible for expunction under certain conditions.
Illinois enacted legislation providing for the sealing or vacation and expungement of trafficking victims’ crimes.
New York and Washington, D.C., enacted provisions providing for automatic expungement. Minnesota passed legislation establishing provisions regarding the classification and sharing of data related to automatic expungements.
Meanwhile, Maine is looking to other states’ policies concerning expungement by reestablishing the Criminal Records Review Committee. The bill instructs the committee to submit a final report that includes its findings and recommendations to the joint standing committee of the legislature.
Connecticut enacted legislation limiting state liability for any action taken based on criminal history record information required to be erased.
Appropriations for Reentry
Maryland passed legislation that appropriates funds ($500,000) to be used for the Prince George’s County Reentry Employment Incentive Program 2025-2028. The program’s goal is to reduce barriers to post-release services, housing, job training and employment to assist ex-offenders in building sustainable lives.
Virginia enacted provisions directing the secretary of public safety and homeland security to convene a work group to study inmate work release programs, including a review of the availability of both public and private employment for inmates eligible for work release.
Ban the Box
Utah has prohibited certain public employers and contractors from considering certain arrests or criminal convictions or denying employment based on certain criminal convictions. For example, a public employer may not deny a mental health professional applicant employment on the basis of:
- The mental health professional applicant’s participation in substance use treatment.
- A past criminal conviction for a nonviolent drug offense.
Studies of Efficacy/Oversight
Hawaii has requested the Department of Public Safety to submit a report to the legislature detailing the department’s process in assisting inmates in obtaining identification cards.
Fines and Fees
In Illinois, legislation now provides that during the first specified number of days following a person’s release from a penal institution, a court may not order the person to pay any outstanding fines, taxes or costs arising from a criminal proceeding involving the person.
North Dakota passed provisions providing that a court may waive all fines, fees and costs if the person successfully completes an approved drug court program.
Tennessee changed its law for incarcerated defendants who are ordered to child maintenance and are unable to pay. Now they have up to one year after the release from incarceration to begin payment, including entering a payment plan to address any arrearage.
Utah law now provides that, before Nov. 30 of each year, the Judicial Council shall submit a report to the Infrastructure and General Government Appropriations Subcommittee of the legislature that includes details on:
- The types of fees collected.
- The methods used to determine the amount of each fee charged.
- The estimated cost related to each fee.
- Whether each fee is intended to cover the cost related to the fee.
- The number of fee waivers granted by the judiciary for each type of fee charged and collected.
The law also states that if the Judicial Council recommends the legislature create a fee or modify an existing fee, that the council justify the purpose, amount and other details of the fee.
Notifications to Victims
California enacted legislation requiring a victim of a crime who wishes to be heard regarding the resentencing to notify the prosecution of their request for a hearing within 15 days of being notified that resentencing is being sought and would require the court to provide an opportunity for the victim to be heard.
Colorado passed provisions providing that if that parole board decides to discharge parole supervision for a person who was convicted of certain offenses prior to the person’s mandatory parole supervision discharge date, the board set the person’s date of parole supervision discharge at least 15 days after notice is provided to the victim of the discharge. The bill further provides that if the victim elected to not receive notifications otherwise required by law, the board set the date of discharge at least 15 days after the decision to grant early discharge of parole supervision.
Appendix of 2023 Laws by Topic
Clearing Criminal Records
Appropriations for Reentry
Ban the Box
Studies of Efficacy/Oversight
Fines and Fees
Notification to Victims