Criminal Justice
Key Points
- ALEC members have led efforts in the states to protect and enhance public safety, while simultaneously addressing overcriminalization and preventing unnecessary prison stays.
- The historic FIRST STEP Act was driven by ALEC members who had seen the successes in the states of sound policies on prisoner reentry programs and reducing prison sentences for certain individuals not convicted of a crime of violence. It also highlighted the successes in the states on justice reinvestment and mandatory minimum sentencing reform.
The American Legislative Exchange Council is proud to be a leader on criminal justice reform. For over a decade, the ALEC task force on criminal justice has brought state legislators and stakeholders together for the purpose of driving sound criminal justice policies. ALEC members focus on new and innovative state policies that address overcriminalization, reform civil asset forfeiture, reform mandatory minimum sentences, reduce the rates of incarceration, reform policing, and help rehabilitate and restore individuals with a criminal history.
The ALEC Criminal Justice Task Force includes a diverse coalition of allies that offer research and experience to achieve the shared goal of a more fair and impartial criminal justice system. Notable members include Families Against Mandatory Minimums (FAMM), Prison Fellowship, Right on Crime, The ACU Foundation for Criminal Justice Reform, and the American Bail Coalition. In 2019, ALEC and the American Civil Liberties Union (ACLU) joined forces on addressing the pervasiveness of burdensome fines and fees in the criminal justice system. A part of our work includes this New York Times op-ed discussing the impact of fines and fees on the lives of individuals. Over the last few years, ALEC and its members have led efforts in states such as Montana and Mississippi to pass laws addressing the issue of fines and fees and driver’s license suspensions.
ALEC members played an instrumental role in helping pass the historic FIRST STEP Act in 2018, which was modeled after successful criminal justice legislation passed in states such as Georgia, Maryland, Oklahoma, and Texas. In essence, this was the federal government’s effort to mimic the successful solutions that have been demonstrated in the laboratories of democracy. ALEC joined organizations such as the American Conservative Union, the ACLU, #cut50, and Right on Crime in driving support for the law. It was also based off of several ALEC model policies, including the Justice Safety Valve Act, the Resolution in Support of Justice Reinvestment, and the Resolution in Support of Reentry Programs.
ALEC members will continue to advance innovative ideas that improve lives and balance budgets. All criminal justice research and model policies are available on alec.org, and examples of work include the reports, “The Time to Hesitate is Through: The Number of Laws Criminalizing Innocent Conduct is a Touch Too Much”, “The Latest Trends of Asset Forfeiture Transparency and Juvenile Justice”, and “2016: A Successful Year for Criminal Justice Reform and Path to the Future.”
Model Policies
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Veterans Justice Act Final
BE IT ENACTED BY THE PEOPLE OF THE STATE OF _________: Section 1. Purpose (1) Veterans charged with certain offenses shall be given the opportunity to avoid a record of conviction, or have a felony reduced to a misdemeanor, in probation eligible offenses and avoid incarceration, and instead receive probation…
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Bail Forfeiture Payments Act Final
Section 1. {Definitions} Section 2. {Forfeiture upon Failure to Appear} Upon the defendant having failed to appear at a required court appearance, the court shall declare the bail bond to be forfeited. The clerk of the court shall mail a notice of the forfeiture to both the surety and bail…
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Bail Forfeiture Notification Act Final
Section 1: {Notification of Bail Forfeiture} (A) Upon a forfeiture of bail exceeding $400, the clerk of the court declaring such forfeiture shall, within thirty (30) days, send notice of the forfeiture via certified mail to, (1) the bond surety or depositor of money posted as bail; and…
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Bail Fugitive Recovery Persons Act Final
Model Resolution: Section 1. {Short Title} The article shall be known as the Bail Fugitive Recovery Persons Act. Section 2. {Definitions} For purposes of this article, the following terms shall have the following meanings: (A) “Bail fugitive” means a defendant in a pending criminal case who has been…
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Resolution on Enhancing Data on Crime and Clearance Rates Final
Model Resolution WHEREAS, a 2024 Council on Criminal Justice Crime Trends Working Group report identified significant gaps in the nation’s crime data that make it difficult for policymakers and practitioners to develop and implement tailored and timely interventions to make communities safer; and WHEREAS, as of 2024, only 13 states…
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Model Policy to Regulate the Use of the Colorimetric Presumptive Field Drug Test Final
MODEL POLICY TO REGULATE THE USE OF THE COLORIMETRIC PRESUMPTIVE FIELD DRUG TEST (a) For purposes of this section, the following term has the following meaning: (1) “Colorimetric field drug test” means a field-testing drug kit that consists of color test reagents for the preliminary identification of narcotics in…
Press Releases
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New Report Uncovers How No-Knock Raids Threaten Police and Civilian Safety
Arlington, Va. (Oct. 12, 2022) – Today, the American Legislative Exchange Council (ALEC) released a first-of-its-kind report, No-Knock Raids: Examining the Risk, Controversy and Constitutionality. Since the start…
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The States Support the Executive Order on Policing
FOR IMMEDIATE RELEASE Contact: Alexis Jarrett Email: ajarrett@alec.org The States Support the Executive Order on Policing ARLINGTON, VA – (JUNE 16, 2020) Today, President Donald…
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New Report Reveals Mandatory Minimum Sentencing Unsustainable for State Prison Systems
Arlington, VA (March 29, 2016)— States are experiencing unsustainable levels of incarceration in their prison systems , some as high as 171 percent of the design capacity, according to a…