Summary Sentencing and Corrections Legislation 2024 Year-End Summary

Over 280 bills impacting sentencing and corrections policy were enacted by 42 states, Guam and Puerto Rico in 2024. Areas of legislative focus included sentencing and criminal penalties, conditions of confinement and corrections oversight.

Sentencing and Criminal Penalties

Every year, states make several changes to their sentencing laws. In 2024, NCSL tracked 130 significant enactments in 39 states impacting sentencing. Areas of focus included drug-related offenses, assault and organized retail theft.

At least 19 states enacted laws regarding drug-related criminal offenses, with a particular focus on fentanyl and xylazine, as well as drug delivery resulting in death. Alaska enacted a homicide law for drug delivery resulting in death (HB 66). Arizona established criminal penalties for certain fentanyl-related offenses (HB 2245). Florida created an offense for recklessly exposing a first responder to fentanyl (SB 718). Georgia created a new offense of aggravated involuntary manslaughter if someone provides fentanyl to a person who dies of an overdose (SB 465). Indiana addressed possession of xylazine (HB 1203).

Other states enacting legislation regarding drug offenses include Idaho, Iowa, Kansas, Louisiana, Michigan, North Carolina, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Vermont and Virginia.

At least six states addressed assault, including against letter carriers (AL HB 75), public transit employees (AZ HB 2742), health care workers (CA AB 977), bus operators (LA HB 125), law enforcement officers (NJ SB 3201) and public safety officials (PA HB 1700).

Arizona, California, Florida, Iowa, Louisiana, Mississippi, Ohio, Oklahoma and Vermont addressed organized retail theft.

Conditions of Confinement

At least 26 bills in 17 states addressed conditions of confinement. A number of bills addressed conditions for women who are incarcerated, particularly those who are pregnant, as well as the safety of incarcerated women and the use of solitary confinement.

California passed at least six bills. One bill built on previous legislation requiring the provision of menstrual products, with AB 1810 requiring ready access to these products without having to request them. Another bill, AB 2527, requires the provision of free and clean bottled water and daily high-quality and high caloric nutritional meals for pregnant women incarcerated in the state. The state also enacted the Culturally Competent Hair Care Act (AB 1875), requiring certain shampoos, conditioners, curl creams and gel to be available for purchase at the canteen at correctional facilities.

Colorado addressed pregnant women who are incarcerated in HB 1459, prohibiting the use of restraints during labor, delivery, postpartum recovery in a medical facility and transportation for childbirth. Delaware (HB 426) requires that pregnant women in custody be able to meet with a doula or midwife. The law also requires an annual report on the use of doula and midwifery services within the department. Illinois (HB 5431), Pennsylvania (HB 900) and Utah (HB 358) also passed legislation addressing incarcerated pregnant women.

In Arizona, SB 1629 requires a report from the director of the corrections department that includes information on deaths in custody, suicide attempts, physical and sexual assaults, the use of administration segregation and solitary confinement. A resolution in Louisiana (HR 253) allows the continuation of the Safe Alternatives to Segregation Task Force and another (HCR 24) directs the corrections department to allow incarcerated parents to virtually attend ceremonies involving their children.

New York established a program to purchase fresh produce from farms in the state (AB 6854) and orders an analysis of the impact of extreme heat on incarcerated people and people working in prisons (AB 9169).

Corrections Oversight

At least 17 states passed 33 bills addressing corrections oversight. Many of the new laws focus on the authority of oversight bodies, the establishment of new bodies and state oversight of local jails. Learn more about legislative approaches to prison oversight in this snapshot.

California's SB 1069 gives investigatory authority over staff sexual misconduct cases to the Office of the Inspector General. Maryland established the new Office of the Correctional Ombudsman (SB 134), as did Virginia (SB 456/HB 555).

Georgia adopted a resolution (SR 570) creating the Senate Supporting Safety and Welfare of All Individuals in Department of Corrections Facilities Study Committee. The final report of the committee had nine recommendations, including increasing mental health services available to incarcerated people and staff, investing in recruitment and retention of correctional officers and implementing a pay study for DOC employees.

While not focused solely on oversight, Colorado (SB 29) created a working group to study metrics and methods to measure risk-reduction outcomes, beyond recidivism metrics. The legislature also directed the division of criminal justice within the department of public safety to convene a working group tasked with developing a uniform definition of recidivism (SB 30), and created a Jail Standards Advisory Committee (HB 1054).