After a drop due to the COVID pandemic, new research found Kentucky is once again crowding more people into jails and prisons.

The Bluegrass State has one of the highest incarceration rates in the world, and some experts believe it is a direct result of state legislation keeping men and women locked up.

Carmen Mitchell, criminal justice policy analyst at the Kentucky Center for Economic Policy, which produced the report, said the state's elected officials are not doing enough to solve the problem.

"If Kentucky were a country, it would rank seventh-highest in the world for the rate of incarceration," Mitchell reported. "We have right under 22,000 people in jails; about another 9,800 people in state prisons. This legislative session that just concluded didn't make any meaningful steps to address that."

Mitchell pointed out over the past decade, several factors are driving the state's incarceration levels, including locking people up for low-level drug felonies and property crime. High rates of pretrial detention are another factor. The report noted Kentuckians remain in custody when they cannot afford bail.

Mitchell explained, like many states and countries around the world, Kentucky's incarceration levels were reduced due to pandemic health concerns, but the decrease did not last.

"We saw a major drop in the jail population, especially in pretrial capacity," Mitchell recounted. "And unfortunately though, we've been climbing back up ever since then. So, we've once again gotten back to the point where our incarcerated population in jails is exceeding even the capacity and number of beds."

In 2021, bills were passed to limit no-knock warrants and raise the dollar amounts for making some crimes felonies, but Mitchell argued the 2022 session appears to have reversed the trend.

"We pass punitive legislation at a rate of about six-to-one, with respect to legislation that might redress, address, incarceration or justice involvement," Mitchell emphasized. "That's what we normally do, and 2021 was a good outlier, and we were hoping to build on that. But unfortunately, we kind of returned to 'business as usual.' "

She added she is convinced changes would be more likely if Kentuckians let their lawmakers know they feel criminal-justice reform should be a top priority.

A special legal clinic is being held on September 24 in Buffalo about expunging certain marijuana convictions.

The clinic, a collaboration between several Buffalo and Erie County legal agencies, helps people get smaller marijuana-related crimes expunged from their records, as part of the 2021 New York State Marijuana Regulation and Taxation Act.

Some offenses eligible for expungement are possessing up to 16 ounces or selling up to 25 grams of marijuana.

Erie County District Attorney John Flynn said he hopes this clinic will expedite the process of removing any barriers these convictions created.

"The goal is to mainly help people out who did something ten years ago, or even longer, that's now legal," said Flynn, "so they can get a better job, get in the military, go back to school, get a student loan, and become productive members of society."

In fact, come March of next year, the state will automatically expunge these convictions. But Flynn encouraged people to get this done earlier because the state's bureaucracy could make the process take longer.

The clinic will be held at the Elim Christian Fellowship in Buffalo from 2 to 4 p.m, September 24.

One of the bigger challenges in alerting people to this quicker method has been simply getting the word out.

The provision for expunging convictions was entrenched in the legislation, and Flynn said he feels it might have been overlooked, with more attention paid to other elements of legalizing marijuana for recreational use.

Another challenge has been getting people to understand how painless the process really is.

"People don't want to come to court obviously, it's not on their top ten list of things to do everyday. And I get that," said Flynn. "So, I just try to convince them and convey to them that, 'Listen here, I'm inviting you to come to court for me to help you.' And again, they don't normally think that the D.A. is going to help out people, because when people come to court normally I'm putting them in jail or prosecuting them."

The first of these clinics was held in August, which Flynn says was modestly attended, with just two motions to expunge records being the result.

Not everyone is eligible for expungement and during the first clinic, Flynn had one person looking to have a felony possession charge expunged, but instead was only able to get it reduced to a misdemeanor.

After reports of water contamination in Illinois prisons, groups are calling on the state to conduct a top-down review of the water and sewer systems in the facilities.

The state's Capital Development Board is currently conducting an assessment of prison infrastructure needs, with the goal of identifying structural updates needed for its facilities.

Jennifer Vollen Katz, executive director of the John Howard Association of Illinois (JHA), said the review should include water infrastructure. The JHA is one of six advocacy groups calling to expand the assessment.

"The State of Illinois has not made the resources available to provide ongoing maintenance and upkeep for these facilities," Vollen Katz contended. "Many of them are very old, and haven't had attention paid to their physical plant infrastructure in many, many years."

A recent investigation by The Appeal revealed the water at five Illinois prisons was infected with Legionella bacteria, which can cause Legionnaires' disease, a potentially fatal type of pneumonia. According to the Illinois Department of Corrections (IDOC), there were more than 27,500 people in the prison system as of the end of March.

Vollen Katz contended, aside from the Legionella contamination, the IDOC has not been transparent about prior water-quality issues. She argued any updates to prisons' drinking water and sewer infrastructure should be subject to public review.

"We don't have a good understanding, and there doesn't seem to be ongoing public inspection, of water systems inside our prisons," Vollen Katz stated.

In prisons across the country, water quality has been a concern for incarcerated people and their advocates, as well as those who work in the facilities. According to the Prison Policy Initiative, one-third of state and federal prisons are built within three miles of a Superfund site, where pollution is serious enough to warrant a federal response.

Nebraska is now in year three of a prison overcrowding emergency, according to the latest numbers released by the Nebraska Department of Correctional Services.

In 2020, Nebraska was forced to declare the emergency for violating federal rules limiting populations to 114% of design capacity.

Spike Eickholt - a lobbyist with the American Civil Liberties Union of Nebraska - said the report also confirms that racial disparities exist throughout Nebraska's criminal-justice system, which begin long before people end up behind bars.

"Everywhere from the initial traffic stop to pre-trial detention to sentences that are imposed into the prison system," said Eickholt. "And what you see is that you see an over-representation of people of color, particularly black people in the prison system."

Black Nebraskans make up just 5% of the state's overall population, but represent more than a quarter of the state's prison population.

The agency responsible for managing Nebraska's prison system has repeatedly argued that the only possible answer to overcrowding is for the state to build a new prison.

Overcrowding also has limited rehabilitation programs, a problem that Eickholt said increases a person's likelihood of returning to prison.

It costs Nebraska taxpayers more than $38,000 a year for every person serving time. Eickholt said most Nebraskans would prefer not to see their tax dollars go to a major state investment in a new prison.

"Because not only is it going to cost hundreds of millions of dollars to construct," said Eickholt. "It's going to cost millions of dollars after that to staff and operate. We still have a problem with staffing the current prison systems that we have now, which is why we are at a staffing emergency."

Nebraska prisons were operating at 141% of design capacity in 2020 when the emergency became official. As of March, prison populations reached 152% of capacity.

Eickholt said there are a number of proven alternatives to imprisonment, including adding mental-health courts to deal with non-violent addiction-related crime.

"That would supplement the regular court system and add to the investment the state already has made," said Eickholt. "Even though that costs the state money, it's less than making a new prison, and it's less than locking people up for years and years, and hoping that they just don't come back."