North Dakota's county jails and state prisons have been bursting at the seams. Elected leaders are calling for meaningful solutions, with legal voices watching in the wings.

Last fall, the state Department of Corrections began using an admissions system likened to a "wait list" because prisons for men were over capacity, and overflow beds in county jails were also full.

In this week's State of the State address, Gov. Kelly Armstrong outlined ideas, including more funding for support services for those involved with the criminal-justice system.

Travis Finck, who oversees the state's public defenders as executive director of the North Dakota Commission on Legal Counsel for Indigents, said overcrowding poses risks for his team's clients.

"A lot of our clients are held pretrial because they're not able to post any sort of bond or bail amount," he said, "and with the process sometimes being delayed, they are sitting in county jail and not receiving the level of programming that's available at the Department of Corrections and Rehabilitation."

That roadblock to rehabilitation also can happen after a client is sentenced. Finck agreed with the governor that North Dakota can't just simply add more beds. He said the state has to increase funding for public defenders, arguing there's too much staff turnover, creating continuity issues for clients as their cases proceed.

National groups such as the Rural Democracy Initiative have called for innovation, arguing that jail overcrowding is a big problem in smaller communities, draining local resources.

Meanwhile, Jen Lee, executive director of Legal Services of North Dakota - which helps low-income people in civil cases - said she was encouraged to hear the governor talk about wrap-around issues, such as child care and filling workforce shortages.

"A lot of our clients who are trying to work their way through any kind of legal issue, whether it's a custody battle or a debt or bankruptcy issue that often impacts their ability to be in the workforce fully," she said. "And so, when we solve those problems, they are able to be productive members of the workforce."

Potentially complicating reform efforts is the state attorney general's expected push for a mandatory minimum sentence law. He has argued too many people convicted of violent crimes aren't incarcerated long enough.

Finck said alternative thinking shouldn't be viewed as a lax approach.

"Being smart on crime is not being soft on crime," he said.

He echoed the phrase used by the governor in this week's speech. Finck said he feels the state should build on some of the reform efforts from the past few years as it tries to balance public-safety needs.

April is National Second Chance Month but across the Commonwealth, resources to help people leaving prison find gainful employment are dwindling.

According to data from the Prison Policy Initiative, of more than 50,000 people in 2010, 33% found no employment in the four years following release.

The Louisville Office of the Center for Employment Opportunities is the region's largest reentry services program.

Ray Mansfield, site director at the center, said those who have paid their debts to society often do a lot of internal work to rehabilitate but opportunities to change their lives and project growth outward are limited.

"What we're seeing in our area is a stigma placed on those individuals that said that they can't change," Mansfield observed. "They're being subjugated to either the most labor-intensive or the lowest-paying jobs."

Kentucky releases around 225,000 men and 86,000 women from behind bars each year. Nationwide, more than 500,000 people are released from state and federal prison each year.

Mansfield argued Kentucky should allocate dedicated funding toward entry-level, on-the-job learning programs, noting the benefits to communities, families and the local economy. He pointed to the commercial driver's license as an example of a certification to job pipeline.

"Putting money towards a reentry work or job program that would allow reentering individuals who obtain their CDL licenses to work with an organization or a company, that gives them a start," Mansfield explained.

He noted nationwide, there is an immense disparity between the amount of funds dedicated to incarceration, including building new prisons, and the investments made toward reentry services.

"However, even they are struggling to identify and secure the funding that is truly needed to provide the services to the populations that we're hoping to impact," Mansfield emphasized.

Without housing, it is difficult for individuals to obtain employment. According to federal data, at least one-quarter of returning individuals leave jails and prisons without a stable living situation. Most rely on family or friends. Even when returning individuals can find affordable housing, landlords are often unwilling to rent to them.


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For thousands of Mississippians leaving prison each year, a single question looms large: Who will hire me?

State lawmakers could remove some of the biggest barriers to answering that question by expanding the Fresh Start Act. Backers say it could change lives and save taxpayers millions. The bill would dramatically widen a 2019 law that helps people with criminal records obtain professional licenses. If passed, barbers, electricians and dozens of other professionals would no longer be automatically disqualified from licensing because of unrelated past convictions.

Will Ervin, senior vice president of Empower Mississippi, is advocating for its passage.

"By reforming the licensing process to ensure that past convictions unrelated to a profession don't serve as an automatic disqualification," he said, "we believe the bill promotes economic opportunity while also maintaining necessary safeguards."

The 2019 law covered only eight licenses. Senate Bill 2248 would expand it to more than 40. And it excludes fields such as law enforcement. It cleared the state Senate unanimously. Some House members have voiced concerns about impacts on medical licensing compacts.

Mississippi faces a persistent recidivism problem, with 40% of people who are released returning to prison within three years. Ervin pointed to stable employment and housing as the most important factors needed to lower that rate.

"If we can address those things, I think we can have a really big impact on recidivism in the state," he said. "We've seen great reception from lawmakers to combating recidivism. I think they recognize that this is a public safety issue."

The debate comes as Mississippi spends nearly $500 million annually on corrections, with one of the nation's highest incarceration rates. Proponents say helping more people find work upon their release could ease this burden and strengthen the state's workforce.


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The federal HALT Fentanyl Act advancing through Congress would increase prison time for fentanyl traffickers.

Kentuckians convicted on distribution charges involving more than 10 grams of fentanyl would receive at least five years in prison, or no fewer than 10 if they had a prior conviction. For cases involving larger amounts of the substance and a second conviction, the minimum sentence would be 20 years.

Shreeta Waldon, executive director of the Kentucky Harm Reduction Coalition, said the legislation will have little effect on helping individuals and families who lives are affected by substance use.

"It's been a failed concept but we continue to try to use that same concept with different language," Waldon contended. "We're just dealing with the War on Drugs 2.0."

According to the 2023 Kentucky Drug Overdose Fatality Report, nearly 2,000 Kentuckians lost their lives last year to a drug overdose. Fentanyl accounted for almost 80% of those deaths, and methamphetamine accounted for around 55%.

Waldon pointed out a lack of education about fentanyl and other drugs has contributed to a spike in use among the Commonwealth's youngest residents, despite an overall decline in fentanyl-related death rates statewide.

"Now we're seeing more and more reports of youth who are having building an inappropriate relationship with substance," Waldon reported. "That is a big issue in our larger cities like Louisville and Lexington."

She added a major concern is the dwindling local resources for harm reduction strategies, noting recently passed state laws to criminalize camping and homelessness have created additional barriers.

"We're penalizing poverty," Waldon argued. "We're penalizing substance use disorder or chaotic use. We're penalizing people who do not realize the access to resources around them because of messaging, because of stigma, because of shame."

The HALT Fentanyl Act would reclassify fentanyl-related substances as Schedule I drugs. Currently, fentanyl is a Schedule II controlled substance. In 2021, the federal Drug Enforcement Administration made more than 3,000 arrests nationwide for fentanyl.


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