Overdue Tune-up: The Justice System
There are many actors and stakeholders of the Justice System. This brief explores the local context and opportunities for Justice System reform in Wisconsin from the perspective of practitioners' that that work as social service providers or reform advocates.
This brief identified the following promising Justice System policy and practice change opportunities:
1. Increase availability and usage of Treatment Access and Diversion programs.
Currently, Milwaukee has a shortage of qualified drug treatment centers. For Treatment Access and Diversion (TAD) programs to work, Courts must refer individuals to treatment programs. If there is no treatment option available, the most likely recourse for the person’s case is a jail or prison sentence. Courts should also consider participating in peer exchanges that address how to maximize their use of TAD programs as an equity strategy.
2. Statutorily prohibit criminal record disclosure on employment applications and increase expungement dispensations for nonviolent and certain first offenses.
Eliminating criminal history disclosure on job applications (i.e. “Ban the Box”) gives individuals a chance to receive consideration for employment, a key goal of reentry. Further, many advocates favor criminal record expungement in certain instances after a person completes their sentence. While many local jurisdictions addressed the public sector hiring process, the greatest impact will require statutory “Ban the Box” for public and private sector employment and a uniform expungement law.
3. Improve use of discretion in Justice System procedure from point-of-contact with police to the Courts.
There are many procedural steps during the course of justice administration that determine to what extent an individual will be enmeshed in the Justice System. From book-and-release to deferred prosecution, Justice System administrators have legal tools, and when appropriate should use these tools with regularity, to make sure incarceration is reserved only for serious and habitual law offenders.
This brief identified the following promising Justice System policy and practice change opportunities:
1. Increase availability and usage of Treatment Access and Diversion programs.
Currently, Milwaukee has a shortage of qualified drug treatment centers. For Treatment Access and Diversion (TAD) programs to work, Courts must refer individuals to treatment programs. If there is no treatment option available, the most likely recourse for the person’s case is a jail or prison sentence. Courts should also consider participating in peer exchanges that address how to maximize their use of TAD programs as an equity strategy.
2. Statutorily prohibit criminal record disclosure on employment applications and increase expungement dispensations for nonviolent and certain first offenses.
Eliminating criminal history disclosure on job applications (i.e. “Ban the Box”) gives individuals a chance to receive consideration for employment, a key goal of reentry. Further, many advocates favor criminal record expungement in certain instances after a person completes their sentence. While many local jurisdictions addressed the public sector hiring process, the greatest impact will require statutory “Ban the Box” for public and private sector employment and a uniform expungement law.
3. Improve use of discretion in Justice System procedure from point-of-contact with police to the Courts.
There are many procedural steps during the course of justice administration that determine to what extent an individual will be enmeshed in the Justice System. From book-and-release to deferred prosecution, Justice System administrators have legal tools, and when appropriate should use these tools with regularity, to make sure incarceration is reserved only for serious and habitual law offenders.
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