ANNAPOLIS, Md. -- Maryland lawmakers voted this week to repeal the governor's ability to reject parole decisions for people serving life sentences, taking itself off a list of just three states where governors have that power.

Monica Cooper, executive director of the Maryland Justice Project, said for years, state delegates have put forward legislation to end the practice, which disproportionately impacted African Americans.

She thinks it is inhumane to watch elderly incarcerated folks who are not a danger to their communities deteriorate in prison. She pointed out even during the height of the COVID pandemic, Maryland prison officials were releasing older inmates who have not since re-offended.

"It's a win for the African American community," Cooper asserted. "And it's a win for families, children, children who are now 40 years old who haven't seen their parent since they were three. It's a win for the community all around."

The House voted 92 to 46 late Tuesday to override Gov. Larry Hogan's veto of Senate Bill 202 after the Senate approved it the day before. Opponents of the bill say it allows dangerous people back onto the streets and sends a wrong message to communities looking for help with violent crime.

But Cooper maintained everyone should be given a second chance, especially incarcerated people who are falsely imprisoned or committed crimes as teenagers and have reformed after years in prison.

Her group has been working for the veto override with advocates including Lea Green of Maryland CURE, whose son is serving a life term, and Walter Lomax, a Marylander who was finally exonerated after spending 39 years in prison for fatal robberies he did not commit.

They argued parole committees, who have worked with incarcerated people, are better to judge release than a governor reading a profile.

"Parole and probation make decisions based on people's institutional records, based on the amount of programs that you've done," Cooper explained. "These are actual people who over years upon years upon years know this individual."

Older offenders are much less likely than younger offenders to re-offend following release, according to a study by the U.S. Sentencing Commission. Over an eight-year follow-up period, about 13% of offenders age 65 or older at the time of release were re-arrested compared with about 67% of offenders younger than age 21.

A package to improve public safety is moving ahead in the California state Legislature - with a floor vote in the State Assembly on the first bill expected this week.

Assembly Bill 2215 puts into statute that police officers have the discretion to send people arrested for low-level offenses directly to supportive services.

Anthony DiMartino - government affairs director with the nonprofit Californians for Safety and Justice - said sometimes public safety is best served when people avoid arrest and instead get therapy, addiction support or help getting a job.

"We're also hoping to raise awareness that this is something officers can do, and then also encourage partnerships more with officers to look at what's in their community," said DiMartino, "as alternatives to jail booking."

A second bill would increase transparency and accountability on money sent to the counties as part of the Public Safety Realignment.

A third bill would require police officers, prosecuting attorneys and investigators to identify themselves any time they're interviewing a family member of someone killed or severely injured by police.

DiMartino said they also support AB 2499, which would ensure that survivors of violent crime and their family members can take unpaid time off work to address safety concerns and heal.

"We're hoping to broaden the scope a bit," said DiMartino, "and make it more clear that family members of victims are able to also tap into unpaid leave to support their family member that has been a victim."

A fifth bill would make it easier for justice-involved people and crime victims to speak freely during restorative justice programs - by making the communications inadmissible in other legal proceedings.

Missouri went through with its first execution of the year, as Brian Dorsey was put to death last night, just after 6 p.m. CT.

The U.S. Supreme Court on Tuesday declined to stop Dorsey's execution. He was convicted of murdering his cousin Sarah Bonnie and her husband Ben nearly 20 years ago.

The advocacy group Missourians to Abolish the Death Penalty launched several recent campaigns on Dorsey's behalf to spare his life.

Jenni Gerhauser, a cousin to both Dorsey and Sarah Bonnie, expressed belief in his redemption.

"Brian is more than the worst moment of his life," Gerhauser stressed. "There is so much more to him."

Gerhauser fondly remembered him as fun and charming from their visits during holidays. Dorsey's current lawyers said he was in a drug-induced psychosis when he killed the Bonnies in 2006 and his attorneys at the time had been offered money, preventing them from fighting the death penalty with his guilty plea deal.

Gov. Mike Parson confirmed Monday the state would move forward with Dorsey's death sentence, rejecting a separate request for clemency. More than 70 current and former corrections officers had urged the governor to commute Dorsey's sentence, arguing he had been rehabilitated.

Claudia Boyce, also a cousin in the family, said it should not be a decision for the state to make.

"You know, that's supposed to be God's decision, not ours," Boyce contended.

Dorsey received a lethal injection Tuesday evening. Lethal injection became an option for people on Missouri's death row in 1987, alongside lethal gas.


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Amid overcrowding and unsafe conditions in West Virginia jails, state lawmakers introduced bills that would allow judges to take a 'second look' at an individual's original sentence.

If a court determines they no longer pose a threat to the community, the person could be released, placed on supervision, or receive a shortened sentence.

Sara Whitaker - criminal legal policy analyst with the West Virginia Center on Budget and Policy - said West Virginia is one of the few states that has seen its prison population balloon over the past decade, despite declining crime.

She noted that as of last month, more than 500 people in the state were in jail awaiting transfer to a prison.

"As a result, eight out of 10 of the regional jails in the state were beyond capacity," said Whitaker, "with hundreds of people assigned to sleeping on the floor."

The bills failed to advance this session, but Whitaker said advocates are hopeful lawmakers will consider them next year.

The state's jails remain among the deadliest in the country, with at least 91 people losing their lives while incarcerated in the past few years.

According to the West Virginia Center on Budget and Policy, jail bills cost counties $45 million in 2022.

Nationwide, long sentences have led to growth in the number of older people behind bars.

Whitaker pointed out that 'Second Look' legislation could help the state avoid turning its prisons into nursing homes, and said the number of elderly people in prison has tripled in the past two decades.

"In 2019, West Virginia had to open a dementia unit in one of its prisons," said Whitaker. "There are hospice units across multiple prisons. And experts predict that this is just only going to get worse."

Whitaker added that 'Second Look' policies also offer a way to correct past racial injustice in the criminal legal system.

Black people incarcerated in West Virginia are four times more likely than white people to be serving a life sentence with the possibility of parole, and five times as likely to be serving a life-without-parole sentence.




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