1) What is your understanding of the racial disparities in Maryland’s criminal justice system? To the extent your office could make a difference, how would you address these disparities?
The way to increase accountability and safety – in addition to the racial inequities plaguing our system – is to tackle Criminal Justice comprehensively. That’s why my plans include treating opioid/drug abuse as a disease not crime; removing SROs from public schools (replacing with guidance counselors and possibly school security personnel hired by the school board); closing the loophole to ensure all gun owners (even those with rifles/shotguns) get a permit; ending the money bail system; ending for-profit prison contracts; ending extreme sentences for children; legalizing marijuana and expunging records; access to jobs and affordable housing; and building community trust. Full details can be found here: https://jainforgov.medium.com/criminal-justice-reform-42a0c6a91033
2) In your opinion, is there a difference between being “tough on crime” and “smart on crime”? Please give examples of what you might do in office in this regard?
“Tough on crime” tends to have many racial and social inequities baked into the solutions – many of which don’t actually address the root causes of the problems our society and our residents face. That’s why – as I’ve outlined earlier – we need to take a holistic approach.
When Black and brown residents are being disproportionately sentenced and killed by public servants – we have a severe problem with our criminal justice system. And since there is no singular solution to keep communities safe and improve community trust — I believe our leaders (in both parties) must do more to tackle the system in a comprehensive and sincere manner. It’s also important to note that increasing accountability and transparency in our systems does not negate the great community work and safety provided by a majority of our officers. Rather, it improves the system so it works better for everyone.
3) A statewide program that provides substance abuse and mental health screening for those in pretrial detention will expire in 2023. Will you support renewal of this program for substance abuse and mental health screening and treatment of pretrial detainees?
Yes – that’s also why I was the first statewide candidate (back in January 2021) to say we need to finally treat drug use and addiction for what it truly is — not a crime that can be corrected with punishment, but a public health crisis requiring support for those suffering.
Criminalizing opioid addiction disproportionately affects low-income communities, indigenous communities, and communities of color. We can move past the scourge of drug use in our communities across Maryland, but we need to do it through support for those most in need, rather than pushing those in need to hide their problem. While we should not legalize scheduled drugs (like cocaine, heroin and meth), we need to decriminalize the possession of them for personal use.
Instead of criminally penalizing these individuals, we must send them to rehab centers to address the addiction directly. This will allow drug users to get out of the shadows and seek help. I also support dedicated funding for non-profits and rehab centers that address this issue for those that need help; as well as working with local agencies and leaders to increase access to necessary resources.
4) Will you support programs to improve Maryland prisons, for example, providing independent oversight, reducing assaults, offering every incarcerated Marylander services to reduce recidivism, such as education, job-training, and counseling?
YES. We must stop criminalizing poverty. And we cannot end mass incarceration without first ending the money-bail system. More often than not, the people most likely to spend time in jail awaiting trial are not the worst offenders, but the poorest ones. These are folks who do not necessarily pose a risk to society, and can lead to real negative effects for these individuals from lost jobs to predatory bail bond debt. Instead of penalizing and further criminalizing individuals because of their ability to afford cash bail, we should require judges to rely more heavily on risk assessments in pretrial decisions.
Another important reform to ensure police accountability is the formation of independent investigatory bodies for police misconduct and police involved shootings as well as independent prosecution. These bodies should include an independent special prosecutor’s office that is required to prosecute all cases where a police officer kills or seriously injures someone. They should have the resources to investigate and report their findings to the public so our communities can trust the process that will ensure our police officers are held to the highest standard.
5) Does Maryland need to expand access to criminal records’ expungement? Are the current statutes effective for ensuring public safety and equitable access employment and other opportunities?
When someone has completed their time in prison, we need to ensure that we help set them up to be as successful as possible in reentering society. If our justice system is truly doing its job, it would be doing everything possible to rehabilitate offenders and prepare them to return to society in a sustainable and successful way. This would reduce recidivism and allow people to live better, healthier lives.
People’s time incarcerated should give them access to opportunities to right their path, not set them back to make it that much harder to get by. That’s why I want to build a new justice system on the foundation of rehabilitation over just locking people away. By expanding vocational programs in prisons and drafting contracts with temp agencies and community colleges to use their employment services department, we can really help those being released have an easier transition back into society.
Additionally, by guaranteeing affordable housing and access to good jobs and a reduced cost of living (via my Maryland Now Plan), we can ensure a more equitable future.
6) Do you support reform of our juvenile justice system (4 parts) to:- provide less incarceration and more treatment for lower level offenses?- prevent police from lying to juveniles to induce confessions?- create a presumption of school discipline or restorative justice for non-felony offenses on school grounds, rather than arrest and formal prosecution?- support treatment of juveniles who have been sex-trafficked as victims, not offenders?
I was the first statewide candidate to specifically call for Ending Extreme Sentences for Children. And I was the first to call for an end to SROs. While law enforcement officers are important in keeping our cities safe — with increased accountability and transparency in their actions — I do not believe they should have a presence within our schools. Our schools should not feel like a prison. In fact, given the right resources — and the proper approach — our schools can become an ideal place of intervention.
Policing in schools has proven to disproportionately target students of color and students with disabilities. Statistically, they have also proven to not decrease crime or make schools safer. As such, by removing SROs and having more school psychologists/counselors (who are better able to identify and address problems before they become issues), we can ensure our schools remain safe and positive environments, as well as help those who need it most. And if individual schools believe they still need a public safety officer, we can look into training school security personnel — who are direct employees of the school district, not official law enforcement officers, and are unarmed.
7) Please add anything else that voters should know about your intended criminal justice policies.
In addition to the above answers, I also want to Limit ICE’s influence. Unless individuals have violated State criminal laws or are under the authority of criminal warrants issued by the state or federal judges, I do not believe we should be working with ICE to detain/house non-violent individuals who have been placed in ICE custody. Any requests made by ICE or the federal government should be directed, addressed and handled first by a state-run agency (the Department of Public Safety and Correctional Services). We must also ensure that our law enforcement agencies do not ask individuals about immigration status or take action simply based on a person’s immigration status.
