"Second look" laws to help reduce prison time are gaining traction across the country but Mississippi is not following suit.
A new report examinee policies in a dozen states which allow judges, rather than parole boards, to reconsider sentences. Mississippi lacks a "second chance" law but does provide an earlier parole option for older incarcerated individuals.
Becky Feldman, director of the Second Look Network for The Sentencing Project, explained the policy allows those who are 60 years old and have served 10 years and a quarter of their sentence to be considered for parole, except for those convicted of violent crimes or habitual offenders.
"Because of all those exclusions, violent crimes, and habitual offenders, I don't know how many 60-year-olds are serving sentences for misdemeanors," Feldman noted. "It's probably not a large population of people. So it's probably a pretty ineffective elder parole law."
Feldman pointed out six states and the District of Columbia permit a court to reconsider a sentence, usually under certain conditions, such as the person's age at the time of the offense and amount of time served.
Feldman argued it is essential for Mississippians to know allowing a judge to consider someone's rehabilitation in open court, with an adversarial and transparent process with an attorney, is a very different, meaningful and fair proceeding.
"It's something that I think should be strongly considered in every state, not just Mississippi, but particularly Mississippi because of the high prison population they have there," Feldman contended. "There's going to be, if it's not already, a significant aging prison population."
Feldman emphasized organizations, including the American Bar Association, the Fair and Just Prosecution and the Model Penal Code, call for legislatures to enact second look laws.
The report suggested 10 provisions to be included in any second look law to ensure broad, fair and meaningful application to the incarcerated. She added the most meaningful recommendation is to apply the statute retroactively.
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This weekend, Father's Day will be tough for children with a dad in jail or prison.
More than 200,000 kids in Michigan have had an incarcerated parent at some point in their lives. Statistics show an overwhelming percentage of those parents are fathers.
Tore Price, 48, was released from a Michigan prison last February after serving 17 years for armed robbery, a crime he said was fueled by a struggle with drug addiction. At the time, his son was only 2. Behind bars, Price explained he connected with organizations, including the University of Michigan, to learn how to become an advocate for incarcerated parents.
"(I am) very passionate about helping folks that are still inside, about parents that are still inside," Price stressed. "Because today my son is 13 now, and because people advocated for me, we have a great relationship."
Price has expressed deep remorse for his crimes and added he is grateful to his family and supportive organizations for helping him maintain the father-son relationship while he was incarcerated.
During the pandemic, Michigan's parole board released 33% fewer people from prison and held 22% fewer hearings. There are also racial disparities. African American children are seven times more likely, and Latino children twice as likely, to have an incarcerated parent as their white peers. Yet Price maintained his sense of justice extends beyond the courtroom.
"The restorative justice piece, for me, is today being a better father, and you know, giving back to the ancillary victims -- my mother, you know, my son's mother, and of course, my son -- and just giving back to the community," Price outlined.
Price emphasized his work as an advocate for programs to help loved ones stay connected with family members in prison focuses on people who have children at home and have demonstrated successful rehabilitation.
"I'm a father today, because of the people who sacrificed and the organizations who gave me an opportunity to really meet my son and understand him, and him understand me," Price added.
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In North Carolina, 57,000 people are behind bars, with most housed in state prisons.
A new proposal has surfaced to bring the numbers down but it would require approval from Congress. A proposed Public Safety and Prison Reduction Act would pay states to rethink their sentencing policies and reduce their prison populations.
Hernandez Stroud, senior counsel at the Brennan Center for Justice, which is making the proposal, pointed to state prisons as the core issue in mass incarceration, holding 87% of people incarcerated in the U.S.
"Congress could help states break the cycle of excessive imprisonment and its devastating impact on families and communities by offering funding as an incentive to both shrink state prison populations and implement humane alternatives," Stroud contended.
Earlier this year, North Carolina's Legislative Oversight Committee on Justice and Public Safety learned the state's current prison population has already exceeded projections not expected until 2027.
Stroud pointed out the Brennan Center proposal would emphasize accountability and community input. States would be required to partner with researchers and local stakeholders, including formerly incarcerated people, to track the impact of their reforms. Stroud believes it could also help to right some of the problems in the criminal justice system, such as wrongful convictions or extreme sentencing.
"This legislation could send a powerful message to the nation that some issues are bigger than partisan politics," Stroud asserted. "Like delivering public safety while promoting a fair and humane justice system."
According to the proposal, if the 25 states with the largest prison populations could reduce them by 20%, nearly 180,000 fewer people would be behind bars. But the Public Safety and Prison Reduction Act has yet to be introduced in Congress. Its $1 billion estimated price tag may be among the reasons.
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A program in Mississippi is increasing access to educational opportunities for those behind bars.
The University of Mississippi's Prison-to-College Pipeline Program offers students at the Mississippi State Penitentiary at Parchman the option to take college courses and earn credits.
Patrick Elliot Alexander, associate professor of English and African American Studies and director of the program, said the initiative goes beyond reducing recidivism rates, explaining the courses prioritize equitable education and intellectual growth for this underserved population.
"These courses are team-taught, student-centered. They've been humanities-based. We've taught courses in the fields of history, English and African American studies, and ranging from topics like Shakespeare, the history of Africa," Alexander outlined. "There's a great course going on right now teaching people how to write about their lives."
The program was founded in 2014 and offers a spring course and a summer course. Mississippi has one of the highest incarceration rates in the country, with more than 1,000 people in prison per 100,000 residents.
The College of Liberal Arts at the University of Mississippi and the North Carolina-based Laughing Gull Foundation provide funding for the program. Alexander is thankful to the university and provost for waiving tuition.
"There's an interest now in expanding, at least doubling, what we offer," Alexander noted. "What that means for us is the relatively small number of students that we were serving per year, no more than 50 but usually more in the ballpark of 35, might increase."
Alexander shared the words of Barry Catrer, who already had an undergraduate degree and took history courses at the penitentiary prior to his release in 2015.
"When I got out, I realized it was the program, the Prison-to-College Pipeline Program, that gave me the self-confidence to know that my life wasn't over," Alexander read. "Just because I was a convicted felon, just because I was in my mid 50s. It gave me the self-confidence to believe in myself that there were opportunities out there for me."
Alexander added the program extended its reach in 2016 to include women at the Central Mississippi Correctional Facility, thanks to the efforts of his colleague, Otis Pickett. However, challenges presented by the COVID-19 pandemic made it difficult for the program to continue.
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