• Caregiver mitigation laws require judges to consider a caregiver’s status as a mitigating factor in sentencing decisions.

• Diversion laws provide alternatives-to-incarceration programs that keep convicted parents out of prison, including home supervision and electronic monitoring

• State adoption: 8 states have adopted caregiver mitigation and diversion laws

  • California, Illinois, Louisian, Massachesetts, Missouri, Oregon, Tennessee, and Washington

• Success story: Washington state has a Community Parenting Alternative program that allows parents convicted of non-violent, low-risk crimes to serve the last 12 months of their sentence under home supervision.

Lobby States to Adopt Proximity Laws

• Proximity laws require that incarcerated caregivers serve their sentence in a facility within a specified distance from the children, making it easier for children to visit their incarcerated parents.

• State prisoners are located an average of 100 miles from their home

• Federal prisoners are located an average of 500 miles from their home

• Transportation costs present a significant barrier to visiting

• 5 states have adopted proximity laws

  • Florida, Hawaii, New Jersey, California, and New York