Reform First Plan
Reform is Necessary
By implementing Steve Ipsen's “Reform First” approach, we will effectively address the long standing issues of massive prison over-crowding, early release from prisons and jails, and the creation of an unemployable class of citizens. "Reform First" will end the "statistics based" approach to public safety. We will effectively put a stop to the damaging effects and unintended consequences on immigration resulting from excessive and unnecessary "felony" labeling of youthful offenders who commit nonviolent crimes.
By implementing Steve Ipsen's “Reform First” approach, we will effectively address the long standing issues of massive prison over-crowding, early release from prisons and jails, and the creation of an unemployable class of citizens. "Reform First" will end the "statistics based" approach to public safety. We will effectively put a stop to the damaging effects and unintended consequences on immigration resulting from excessive and unnecessary "felony" labeling of youthful offenders who commit nonviolent crimes.
The Current Policy is Misleading the Public
The current approach of the District Attorney's office is to enforce a rigid policy mandating the "felony" label for tens of thousands of non-violent youthful offenders in the interest of trying to sound "tough on crime". Actually being tough on crime is important, but a one-size fits-all approach, when indiscriminately applied to youthful offenders who commit low level drug offenses or other nonviolent crime, is counterproductive. The felony label fosters criminal recidivism and contributes significantly to the jail and prison overcrowding crisis we now face.
Steve Ipsen has met with the Governor’s staff and collaborated with leaders of the labor movement, the educational system, substance abuse and rehabilitation facilities, and others impacted by the criminal justice system. These collaborations have produced the refined approach to criminal justice known as “Reform First”. "Reform First" uses an incentive based approach to reform, with clear and easily enforceable terms, utilizing current court resources, employing immediate small and incremental consequences for violations, and thereby providing reform for thousands of youthful non-violent offenders without the need for expensive and unnecessary incarceration and the immediate and counter-productive impact of imposing and unwanted "felony" label.
The current approach of the District Attorney's office is to enforce a rigid policy mandating the "felony" label for tens of thousands of non-violent youthful offenders in the interest of trying to sound "tough on crime". Actually being tough on crime is important, but a one-size fits-all approach, when indiscriminately applied to youthful offenders who commit low level drug offenses or other nonviolent crime, is counterproductive. The felony label fosters criminal recidivism and contributes significantly to the jail and prison overcrowding crisis we now face.
Steve Ipsen has met with the Governor’s staff and collaborated with leaders of the labor movement, the educational system, substance abuse and rehabilitation facilities, and others impacted by the criminal justice system. These collaborations have produced the refined approach to criminal justice known as “Reform First”. "Reform First" uses an incentive based approach to reform, with clear and easily enforceable terms, utilizing current court resources, employing immediate small and incremental consequences for violations, and thereby providing reform for thousands of youthful non-violent offenders without the need for expensive and unnecessary incarceration and the immediate and counter-productive impact of imposing and unwanted "felony" label.
Criminal Justice Reform - The Greatest Social Injustice of Our Time
While these problems hurt all of us, they can have a disproportionate impact on minority communities. African American and Latino communities often besieged by violent crime suffer the unintended collateral consequences of aggressive and pro-active policing efforts: namely, racially disparate arrest, conviction and incarceration statistics. Each year, these policies result in tens of thousands of unemployable youths, derail their future and disenfranchise them from full participation in society. These factors are compounded in the immigrant communities when families are divided because of the unnecessary collateral damage to the youthful offender’s immigration status. The result of these factors is a justice system that is broken, contributing to recidivism, massive jail and prison over-crowding and the dangerous early release policies. This current ineffective prosecution of crime has resulted in the greatest social injustice of our time.
While these problems hurt all of us, they can have a disproportionate impact on minority communities. African American and Latino communities often besieged by violent crime suffer the unintended collateral consequences of aggressive and pro-active policing efforts: namely, racially disparate arrest, conviction and incarceration statistics. Each year, these policies result in tens of thousands of unemployable youths, derail their future and disenfranchise them from full participation in society. These factors are compounded in the immigrant communities when families are divided because of the unnecessary collateral damage to the youthful offender’s immigration status. The result of these factors is a justice system that is broken, contributing to recidivism, massive jail and prison over-crowding and the dangerous early release policies. This current ineffective prosecution of crime has resulted in the greatest social injustice of our time.
How the felony label fosters criminal recidivism:
- Most criminal activity is committed by juveniles or youthful adult offenders between the ages of 14 and 25. Many early offenses are nonviolent and result in a probationary sentence, with only short term incarceration or community service mandated.
- The felony label decreases educational opportunities. Sentenced felons are ineligible for financial aid and work study programs creating a barrier to higher education. The felony label closes the door to education rather than encouraging it as an alternative to criminal activity.
- The felony label impedes employment. When a prior felony is disclosed, dozens of professional and vocational licenses are legally out of reach.
- Facing barriers to education and professional licensure, felons are relegated to low paying, low skilled jobs. Even these jobs are difficult to obtain when a felony is reported on their application. Consequently, criminal enterprise may seem like the only viable option for making a living.
- A felony label contributes to negative social and emotional issues, such as anger, resentment, depression, isolation, and drug and alcohol abuse. All of these maladies can lead to anti-social behaviors like domestic violence and joining a criminal street gang.
- A felony label is often for life. There is little incentive for a felon to become a contributing member of society, particularly when the current approach has made it more difficult by creating educational, occupational, social and emotional obstacles.
- Without a positive outlet occupying their time (employment, school, training programs, etc), idle juveniles and youthful adults are more likely to re-offend. We need to keep youthful offenders occupied productively.
Reform First: A New Approach
We must replace the “felony stats” driven philosophy, with an incentive based “employment” model where the offender is motivated to choose a productive path. Working 40 hours a week or performing community service, rather than sitting in jail or prison, will transform a tax burden into a tax payer.
We will:
We must replace the “felony stats” driven philosophy, with an incentive based “employment” model where the offender is motivated to choose a productive path. Working 40 hours a week or performing community service, rather than sitting in jail or prison, will transform a tax burden into a tax payer.
We will:
- Prioritize the use of deferred sentencing of amenable youthful non-violent offenders and create mandatory productive work and incentive based programs in place of unnecessarily premature state prison incarceration and counter productive felony labels
- Replace the current “felony statistics” approach to crime with an incentive based “employment statistics” approach that requires full time employment (work, community service, rehab or other accommodations) coupled with an opportunity to avoid the felony label. This approach will allow for the possibility of full expungement after one or more years of a crime free lifestyle has been established.
- Make more effective use of inexpensive, currently available, threat assessment tools to identify appropriate candidates for reform prior to sentencing and incarceration
- Use the ‘Reform First’ approach where the court finds no threat to public safety
- Closely monitor diverted youthful offenders with existing resources (probation)
- Require mandatory, full-time (40 hours per week) employment for one year pending sentencing: full time jobs, community service, etc.
- Require life skills, vocational training, or behavioral modification classes as needed
- Accommodate offenders with disabilities per the American Disabilities Act
- Accommodate mental illness with appropriate full time programs
- Judicially impose immediate custody days for pre-sentencing violations of the program.
- Dismiss the felony or reduce it to a misdemeanor after one year of productive work and a crime free life.
- Allow the opportunity to seek dismissal and expungement of a misdemeanor after one or two additional years of productive work and a crime free life
The Results:
- Reduce prison and jail overcrowding
- Provide adequate and enforceable incarceration for dangerous and violent criminals by reserving limited prison resources for those offenders
- Eliminate dangerous early release policies
- Increase employability of non-violent youthful offenders by implementing an incentive based approach
- Preserve educational investment in youth
- Reduce recidivism of youthful offenders
- Effectively address addiction issues
As District Attorney Steve Ipsen will set common sense priorities that will protect our families and communities by making sure there is space in our limited prison budget for violent offenders. Steve will prioritize incarceration for these dangerous and violent individuals who directly threaten our safety and the safety of our families.