Second Chances Resource Library

This report discusses how the current incarceration practices in the United States, particularly multi-decade sentences, are an inefficient use of public resources and are not shown by evidence to have a deterrent effect on crime. It is part of a series of papers that Arnold Ventures commissioned exploring the relationship between the justice system and public safety.

Governors in most states have executive clemency authority that allows them to change the terms of someone’s criminal justice system involvement, including by issuing pardons or by granting commutations to adjust the sentences of people in prison. Though many clemency deliberations are independent case-by-case assessments, in some cases, governors can also extend clemency eligibility categorically to groups of people in prison to mitigate structural issues or accomplish larger reform goals. In this report, we provide a high-level overview of state executive categorical clemency and offer examples of how state governors have used this strategy as a corrective tool to address problems in the criminal justice system.

The Massachusetts Supreme Judicial Court asked a trial court to review the latest neuroscience on how the brain develops in those under 21. The court also asked the trial court to examine two cases involving teenagers sentenced to life in prison without parole for first-degree murders. In this decision, the trial court holds that it is unconstitutional under the Massachusetts Constitution to automatically sentence people under the age of 21 to life in prison without the possibility of parole.

In 2015, the United States Sentencing Commission released Life Sentences in the Federal System, examining the application of life sentences by federal courts during fiscal year 2013. Using data from fiscal years 2016 through 2021, this report updates and augments the Commission’s previous  findings by examining the offenses that led to the life sentences imprisonment imposed, along with offender demographics, criminal histories, and victim-related adjustments.

Research on the cognitive development of adolescents shows that the ability of a juvenile to evaluate potential risks and consequences or to control impulses is not fully developed until their mid-20s. To reflect an adolescent’s development accurately, most states have adjusted parole eligibility laws for juveniles who are tried and sentenced as adults. However, Texas’ current 40-year minimum eligibility fails to provide once-juvenile offenders with a meaningful opportunity to reenter society as an adult. Texas should enact legislation, often referred to as “second look” legislation, that would provide an earlier shot at parole for these once-juveniles who have demonstrated maturity and rehabilitation since their sentence.

This report presents new data on the number of aging men and women in prison; provides information on the cost of confining them; and based on research conducted in nine states where prisons vary significantly in size, resources, and conditions, offers an overview of some ways that prison systems have responded to them. The report tackles some policy considerations posed by incarcerating elderly inmates, and raises the human rights concerns that must be addressed if sound policies are to be developed for the criminal punishment and incarceration of older prisoners, both those who grow old in prison and those who enter at an advanced age.

This report finds that the U.S. President and state executive branches in eight northeastern states chronically underuse their commutation powers. The sampled states reported granting just 210 commutations from 2005 through mid-2021, for a total average of 13 grants a year across the eight states. For comparison, the average total prison population across these eight states from 2005 to 2020 was about 130,000 — meaning that each year, this group of states commuted about one out of every 10,000 sentenced and imprisoned individuals. In fact, five of the states each reported granting just five commutations or fewer over the 16.5 years. And concerningly, almost no states in the sample increased their rate of commutations during the pandemic, at a time when reducing prison populations is critical to save lives.

In addition to granting few commutations, most of the states in the sample do not appear to maintain robust data on their commutation systems.

A lack of data and information on justice-involved adults with dementia significantly impairs our ability to set a policy agenda that addresses the unique needs of this population across the justice intercept points. To help fill the gap, this mixed-method, cross-collaborative research effort collected survey data and conducted interviews with a variety of correctional health and legal field stakeholders to learn about their experiences working or interacting with people with dementia in the criminal legal system.

SB 378/HB 906 was a broad second look bill introduced during Virginia’s 2022 legislative session. This bill would have allowed people in Virginia state prisons to have their sentences reviewed after they serve 10 or 15 years (depending on age at the time of the offense) if they were able to meet the legislation’s disciplinary record requirement. The legislation did not exclude people based on offense type or age at the time of the offense. The bill passed through Virginia Senate but did not receive a vote in the Virginia House of Delegates.