Legal Definitions - decarceration

Decarceration refers to a government policy or strategy aimed at reducing the number of people held in prisons, jails, or other correctional facilities, or lowering the overall rate of imprisonment within a specific jurisdiction.

This approach often involves implementing various reforms across the criminal justice system, such as revising sentencing guidelines, expanding alternative sentencing options, reforming bail practices, or increasing opportunities for early release. The ultimate goal is to decrease reliance on incarceration as the primary response to crime and to promote public safety through other means.

• Example 1: Sentencing Reform for Non-Violent Offenses

  A state legislature passes a new law that reclassifies certain low-level, non-violent drug offenses from mandatory felony charges, which typically require prison time, to misdemeanors that allow for probation, community service, or treatment programs. This policy change means fewer individuals convicted of these offenses will be sent to state prisons.

  This illustrates decarceration because the government policy directly reduces the number of people imprisoned by providing alternatives to incarceration for specific types of offenses.

• Example 2: Bail Reform Initiatives

  A large city implements a comprehensive bail reform program that largely eliminates cash bail for most misdemeanor and non-violent felony charges. Instead, individuals awaiting trial are released on their own recognizance or placed into supervised release programs, unless they are deemed a significant flight risk or danger to the community. This results in a substantial decrease in the number of people held in local jails before their cases are resolved.

  This demonstrates decarceration by reducing the population of individuals held in pre-trial detention, thereby lowering the overall rate of incarceration within the city's correctional system.

• Example 3: Expansion of Early Release Programs

  A state's department of corrections expands its eligibility criteria for parole and compassionate release for elderly inmates or those with severe medical conditions who pose a minimal risk to public safety. This allows a greater number of incarcerated individuals to complete their sentences under supervision in the community or in specialized care facilities, rather than remaining in prison.

  This exemplifies decarceration by actively reducing the current prison population through policies that facilitate the earlier, supervised release of certain inmates.