Winnable Criminal Justice Reforms 2026

The Prison Policy Initiative released a list of promising policy reforms across several touchpoints in the criminal legal system: sentencing, incarceration, and release. The report identifies 34 reforms in eight categories and outlines problems, solutions and examples of existing state legislation and local programs. For each reform, the authors provide resources, ranging from model bill language to additional research reports. Advocates and policymakers looking to introduce, amend, or implement legislation may find this tool to be a helpful starting point. 

Recommendations

• Use alternatives to arrest and incarceration for offenses that do not threaten public safety, including failures to appear in court. For example, lawmakers can make citations the default response for low-level crimes or institute grace periods for missed court appearances. 

• Eliminate fines and fees that punish poverty and keep people trapped in the criminal legal system. At a minimum, courts should hold ability to pay hearings prior to assessing fees, allow interest-free payment plans, and eliminate late payment fees. 
• States must eliminate medical fees (or “copays”) in prison and jail by passing legislation, such as California’s AB 45 (2018) and Illinois’ HB 2045 (2019). 
• States must fund and oversee indigent defense as an equal component of the legal system, or create a state entity with the authority to set, evaluate, and enforce indigent defense standards.