During the peak of the COVID-19 pandemic, the death toll among incarcerated individuals in the U.S. skyrocketed at a rate over three times higher than the general population, according to a new study. The numbers, thought to be the most comprehensive review of state and federal-level prison data to date, paint a grim picture of the pandemic's impact behind bars. Older prisoners bared the brunt of the crisis and experienced a disproportionate rise in deaths.

The President announced eleven pardons and five sentence commutations on Wednesday, all granted to individuals who were convicted of non-violent drug felonies which have been a primary focus for the Biden administration.

Last week, the House Oversight and Accountability Committee passed the Federal Prison Oversight Act with a 41-1 vote. The legislation, introduced last year, hopes to shine a light on the shadowy agency that has faced numerous reports of abuse, neglect, and unconstitutional conditions inside several federal facilities across the country by establishing an Ombudsman within the DOJ who would be tasked handling complaints from incarcerated individuals, corrections staff and others, as well as provide for risk-based assessments of federal prison facilities.

The U.S. Sentencing Commission finalized rules that drew broad bipartisan support from criminal justice advocates Wednesday.

Among the 2024 changes to federal sentencing guidelines are rules that alter how sentences for offenses committed prior to the age of eighteen are considered in the calculation of a defendant’s criminal history score, and eliminate the consideration of offenses for which a person of any age has been acquitted during subsequent interactions with the justice system.

The Senate Judiciary Committee held a hearing on the use of solitary confinement in federal facilities Tuesday morning, including an extensive look at the roughly eight percent of individuals in restrictive housing under the Bureau of Prisons on any given day this year. 

The Bureau of Prisons uses solitary or restrictive housing arrangements for incarcerated people for reasons that include inmate and staff safety and for disciplinary reasons. However, even relatively short stays in solitary confinement can exacerbate mental health problems, increase behavioral health crises, and lead to unintended consequences for both staff and incarcerated people, including increased risk of abuse and neglect.  

This week, the Maryland Department of Corrections announced a new agreement with the University System of Maryland that will create a framework to bring higher education programs to every state-run prison utilizing newly reinstated federal Pell grants allowing incarcerated people to pursue bachelor’s degrees. The first-in-the-nation deal follows the passage of legislation to reshape prison education this year: one bill that establishes a prison education delivery reform commission to develop strategies to improve learning in state-run facilities, and another bill that would implement new requirements and better track educational outcomes.

The House Committee on Oversight and Accountability held a markup of H.R. 3019, the Federal Prison Oversight Act, on Wednesday. With 30 bipartisan co-sponsors, the bill, which passed with overwhelming bipartisan support, would establish an ombudsman within the DOJ who would be tasked handling complaints from incarcerated individuals, corrections staff and others, as well as provide for risk-based assessments of federal prison facilities.

The hearing follows a February report that showed the majority of non-medical deaths in federal prisons were preventable, and amid frequent news reports of on-going abuses in prisons across the country.

The myth that coming into contact with fentanyl through the air or by touching it has been debunked continuously by public health experts over the years, but it nevertheless continues to spread among law enforcement, and now policymakers. This year, proposed legislation in Florida, West Virginia, and Tennessee aims to criminalize exposing first responders to fentanyl, perpetuating a dangerous myth of passive overdose risk. Despite expert pushback, policymakers are advancing these bills that could exacerbate the opioid crisis.

In a significant bipartisan victory, the Arizona Legislature unanimously passed the Workforce Expansion Act (House Bill 2308) today. The bill, which is now headed to the governor for final approval, will reduce barriers to employment in Arizona by limiting the ability for licensing agencies to deny an otherwise qualified applicant an occupational license solely due to a past criminal offense that is unrelated to the occupation for which the license is sought.

The proposed language would unjustly punish people incarcerated at Bureau of Prisons (BOP) facilities using the harshest possible means for communication on social media, without regard to whether the communication has a legitimate legal or personal purpose. We believe that a full and total ban would be excessive in its own right, but a ban with significant sanctions for violations is an extreme policy.

The tactics law enforcement use to restrain and deescalate suspects aren’t supposed to lead to death. Yet, they have. Deaths following the use of Tasers or physical restraint don't always make national headlines, which means just how often and in what ways police tactics are leading to death can be difficult to track, until now.

A federal judge has ordered the Federal Correctional Institute at Dublin to be overseen by a "special master," marking the first time a Bureau of Prisons facility has faced such oversight in U.S. history. The decision follows scathing criticism from the judge, who accused the BOP of disregarding inmates' constitutional rights, and comes after lawsuits by incarcerated women alleging sexual assault and retaliation, as well as an FBI raid and the removal of top administrators.

A Friday decision from the Supreme Court that split justices by how they interpret the word “and” is garnering renewed interest in federal sentencing and incarceration rates. In Pulsifer v. U.S., Mark E. Pulsifer, who was sentenced for two non-violent drug charges related to selling methamphetamine, argued that he was eligible for relief under former President Trump’s First Step Act because he did not meet all three exclusionary criteria in a list set out in the legislation.

A report in NPR this week looks at the challenges of caring for an increasingly elderly prison population in the United States. As those sentenced to long terms of incarceration continue to age, their healthcare demands rise, and facilities across the country are finding themselves ill-equipped to deal with the needs of this population. Experts argue that soon we will be at a tipping point where states will either need to adapt their facilities rapidly to meet the needs of their ballooning elderly population, or look at alternatives like early release.

As Arizona employers continue to struggle to fill open jobs, one group of eager workers may find it easier to accept those positions in the coming months. Senate Bill 1364, sponsored by Senator Shawnna Bolick (R-District 2), passed the House with a unanimous 57-0 vote earlier today, and previously passed the Senate with a unanimous 26-0 vote. The bill now heads to Governor Hobbs for her signature.

Topeka, KS – A bill heard in the Senate Judiciary committee today would eliminate fines and fees imposed on young people in the youth justice system. If passed, the bill could have significant impact for many of the youth who are subject to the over 4,800 juvenile cases filed in Kansas each year. Because youth rarely have a significant amount of money themselves, experts warn that the burden of any financial obligations often fall on families who may already be struggling with low incomes. Being locked into a cycle of financial insecurity – whether for the family or for the juvenile themselves – increases the likelihood of recidivism, limits opportunities for education and upward mobility, and can lead to life-long consequences both for the individual and the community. State legislatures in Texas, Arizona, Louisiana, and Montana have already taken steps to end the practice of funding the youth justice system through fees.

According to a new study released last week by the Federal Reserve Bank of Cleveland, Ohio’s practice of suspending driver’s licenses over unpaid traffic tickets is robbing the state of a significant portion of its workforce. According to the study, 14.4% of the Ohio labor force could be at risk of leaving it in any given year due to such suspensions.

The United States Sentencing Commission held the first of two days of testimony on updated sentencing guidelines Wednesday. The hearings come after an open public comment period for the guidelines ended last month. Among other changes, the proposal would alter how sentences for offenses committed prior to the age of eighteen are considered in the calculation of a defendant’s criminal history score, and eliminate the consideration of offenses for which a person of any age has been acquitted during subsequent interactions with the justice system.

Louisiana Governor Jeff Landry’s package of tough-on-crime legislation made its final moves through the state’s special legislative session on crime this week, and as the Louisiana Illuminator astutely points out, they did so without the full understanding of how much the measures will cost taxpayers. The proposed bills, including measures to lengthen prison sentences, restrict parole, require 17-year-olds be tried as adults, and more had analyses that cited the cost as “indeterminable,” while some measures were being passed before fiscal analyses could be completed.