Courts and Jails
The overuse of jails is one of the greatest drivers of over-incarceration in the United States.
- There are nearly 12 million local jail admissions every year, which is almost 20 times the number of prison admissions.
- Many non-violent offenders are jailed for the inability to pay and jailing those that are not flight risks or threats to public safety results in social and economic costs to families.
- A lack of mental health and substance abuse treatment in jails and jail populations show an over-representation of people of color.
Across the country, courts and other criminal justice partners are looking at ways to identify the drivers of over-incarceration and engage a diverse set of stakeholders to determine ways to improve local systems.
The Safety and Justice Challenge (SJC) provides support to local leaders from across the country as they rethink jails with strategies that safely reduce jail populations and eliminate ineffective, inefficient, and unfair practices.
As a Strategic Ally to the Challenge, NCSC works with state court leaders and national judicial organizations to build awareness of this initiative and provide courts with resources and strategies they can use to improve effective use of jails and promote the need for jail reform.
Fifty-one cities and counties, across 32 states, are modeling and inspiring reform as part of the SJC. Explore the map below to learn more about who’s involved and what they’re doing.
Partners and Strategic Allies in the Safety and Justice Challenge help implement this innovative work. Partners are organizations that provide Challenge Network sites with technical assistance, data analysis, and performance measurement. Strategic Ally organizations help the initiative communicate with important stakeholder groups whose support is needed.
Advancing Pretrial Policy and Research (APPR), in partnership with the National Center for State Courts (NCSC), invited a group of state court judges and a group of pretrial executives to participate in virtual Judicial and Pretrial Executives Roundtable discussions about the impact of COVID-19 on the pretrial practices in their respective jurisdictions. These two briefs summarize key points from those discussions.
The leadership of the Conference of Chief Justices and Conference of State Court Administrators established the CCJ/COSCA Work Group on Preventive Detention to inform and guide the development of this White Paper by the National Center for State Courts. This White Paper examines issues raised by scholars, civil rights and pretrial justice advocates, and court leaders through an analysis of statutory or judicial authority for preventive detention in Arizona, California, the District of Columbia, New Jersey, and New Mexico. It also discusses implementation challenges and lessons learned in the four of these jurisdictions that are in various stages of implementation. The purpose of the White Paper is to provide guidance to state court leaders in leading and responding effectively to legislative actions to authorize or expand the use of preventive detention in their states, as well as in developing court rules on preventive detention that both protect the community and maximize individual liberty during the pretrial process.
NCSC developed the Evidence-Based Judicial Decision Making Curriculum Toolkit in response to requests for information about pretrial and sentencing practices affecting persons facing potential local jail sentences. It is based on NCSC’s Evidence-Based Sentencing curriculum, originally developed in 2007, when the Conference of Chief Justices called for the adoption of state sentencing and corrections policies based on “evidence-based practices,” those shown through research to be effective in reducing recidivism.
The Toolkit is available here and includes the following:
- Introduction to the Toolkit: a description of the purpose of the curriculum and considerations for delivering it.
- Presentation materials: a PowerPoint slide deck with faculty notes and a complete list of references cited in the faculty notes.
- Handouts & other demonstrative materials: sample sentencing scenarios, video clips, and other supplementary materials that may be used in the delivery of the curriculum.
- Companion briefs: four companion briefs that summarize current research and best practices. The briefs address effective court responses to persons with mental disorders, persons with substance use disorders, persons charged with Driving Under the Influence (DUI), and persons charged with Domestic Violence (DV) offenses.
Between May 2016 and November 2018, with SJC support, the Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) hosted a series of regional Pretrial Justice Reform Summits. This brief summarizes activities state have taken to advance reform since attending the summits.