New Jersey’s embrace of justice, Connecticut’s retreat

In recent months, a disturbing pattern has emerged in Connecticut: our state’s criminal justice system is moving backwards, not forwards, under the leadership of Gov. Ned Lamont.

From the gutting of the Board of Pardons and Paroles’ commutations policy to the passage of a draconian bail law that will exacerbate racial disparities, Lamont has repeatedly capitulated to “tough on crime” rhetoric at the expense of justice and equity. Meanwhile, a statewide scandal involving falsified police records has unfolded on his watch with little accountability.

Let’s start with commutations. For most of Connecticut’s history, the Board of Pardons and Paroles served as a crucial safety valve, offering hope and redemption to rehabilitated individuals. For decades, “lifers” routinely received commutations after serving 20 years with good behavior. That changed in the 1990s, as sentences ballooned and parole and good time credits were stripped away. Three decades later, Connecticut faces a crisis of geriatric prisoners languishing behind bars with no hope of release, no matter how changed they may be.

In 2021, under pressure from advocates and legislators, the board crafted a new commutation policy to provide a narrow avenue of relief. It recognized the many individuals in prison who, due to historically aberrant sentencing laws, have little prospect of freedom despite posing no danger, making extraordinary strides behind bars, and garnering robust reentry support. The board granted approximately 100 commutations, offering a glimmer of hope.

But last year, Lamont crumbled under Republican pressure and paused all commutations , sacking the board chair and appointing a new one who promptly issued a far more restrictive policy. Now, applicants must demonstrate “extraordinary and compelling” circumstances, an ambiguous standard that has already been wielded to deny clearly deserving candidates. While commutations have resumed, it’s at a trickle compared to before.

If that wasn’t troubling enough, Connecticut has also recently passed a new bail law that will further punish the poor and exacerbate racial disparities. Under this law, individuals charged with certain offenses, including mere possession of a common firearm magazine, face astronomical bail amounts. If deemed a “serious risk,” they must pay 30% of their bond in cash, with no option for a bondsman. Poor families, disproportionately of color, will be forced to choose between financial ruin or watching a loved one languish in jail pretrial.

Contrast this with New Jersey, where Gov. Phil Murphy is leading the nation in progressive reforms. The Garden State eliminated cash bail entirely, dramatically reducing pretrial detention while crime has plummeted. Over 99% of those released haven’t been charged with serious offenses. Murphy is also using his clemency powers proactively, expediting relief for those pressured into harsh sentences after trial, and for survivors of abuse.

Back in Connecticut, the troubling trends continue. A 2023 audit revealed state troopers falsified a staggering 110,000+ traffic stop records, underreporting stops of Black and brown drivers while overreporting white stops. The state’s investigation, issued on Lamont’s watch, barely scratched the surface, ignoring retired troopers now policing elsewhere in Connecticut. The noticeable patterns in the false records, concentrated in particular barracks and skewing along racial lines, demand far greater scrutiny.

At every turn, from sentencing to pretrial justice to policing, Connecticut is failing its people. Lives are being destroyed, families shattered, communities of color devastated. Lamont seems intent on appeasing the most regressive impulses of the carceral state. But he need look no further than his neighbor to the south to see that a different path, one of transformative justice and true public safety, is possible.

Governor Murphy has provided the blueprint. It’s time for Connecticut to follow suit before more damage is done.

Alexander Taubes is a civil rights attorney in New Haven.