Reform · Initiatives
Reform initiatives
Concrete laws, programmes, and pilots that have changed (or attempted to change) how a country incarcerates. Each is editorial — we cite primary sources where possible.
- SDS40 emergency early-release schemeactive2024–ongoing
United Kingdom · decarceration
Faced with England & Wales prisons running out of cells in 2024, the new Labour government legislated to release most standard-determinate-sentence prisoners after 40% (rather than 50%) of their term served. The change applies to eligible prisoners across the existing population and to new sentences.
- Section 479 BNSS — release of long-detained undertrialsactive2024–ongoing
India · pre-trial-detention
Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 479, in force from July 2024, requires release of undertrial prisoners who have served one-third of the maximum sentence for non-capital offences (one-half for first-time offenders).
- State of Exception and mass incarceration under Bukeleactive2022–ongoing
El Salvador · sentencing
Since March 2022 El Salvador has been under a continuous 'state of exception' that suspends key procedural rights, allowing mass arrest of suspected gang members. The prison population has tripled, making El Salvador the world's most-incarcerated country (per capita) by a wide margin. The mega-prison CECOT, opened in 2023, holds 40,000+ people in conditions widely criticised by Human Rights Watch and the UN.
- Expanded indigent defence fundingactive2019–ongoing
United States · pre-trial-detention
California significantly increased state funding for county public defender offices from 2019 onward, including grants tied to early-representation (within 24 hours of arrest) and bail-review advocacy.
- First Step Actactive2018–ongoing
United States · sentencing
Bipartisan federal legislation that reduced mandatory minimums for some drug offences, expanded earned-time credits for participation in rehabilitative programmes, and retroactively applied the Fair Sentencing Act's crack/powder cocaine disparity reduction.
- Decriminalisation of petty offencesactive2017–ongoing
Kenya · decarceration
Kenya's High Court struck down 'rogue and vagabond' offences in 2019, which had been used to detain and prosecute people for being poor, unemployed, or out at night. Reform was driven by Kituo cha Sheria and Africa Criminal Justice Reform.
- Drug-trafficking penalty amendmentsactive2017–ongoing
Iran · sentencing
A 2017 amendment to Iran's anti-drug law raised the quantity thresholds for the mandatory death penalty for drug offences. Sentences for thousands of prisoners on death row for drug offences were reviewed.
- Audiências de Custódia (custody hearings)active2015–ongoing
Brazil · pre-trial-detention
From 2015, every person arrested in Brazil must be presented to a judge within 24 hours, who decides whether pre-trial detention is justified. Replaced a system where remand decisions were made on paper, often after months of incarceration.
- Proposition 47 — reclassifying nonviolent drug/property crimesactive2014–ongoing
United States · sentencing
California voters approved Proposition 47 in 2014, downgrading six categories of nonviolent property and drug crimes from felonies to misdemeanours, with savings reinvested in mental health, drug treatment, and victim services.
- Maranguka Justice Reinvestment Project (Bourke, NSW)active2013–ongoing
Australia · alternatives
Aboriginal-led project in the town of Bourke that redirects criminal-justice spending into community-driven prevention. Began 2013 with deep community partnership and data sharing with police, courts, and child-protection services.
- Mandatory community-service consideration for short sentencesactive2011–ongoing
Ireland · alternatives
Since the Criminal Justice (Community Service) Amendment Act 2011, Irish judges must consider community service for any custodial sentence of 12 months or less. The Probation Service supervises the orders.
- The Halden Model: rehabilitation-first designactive2010–ongoing
Norway · rehabilitation
Halden prison, opened in 2010, embodies Norway's 'normality principle': the punishment IS the loss of liberty, so day-to-day life inside should resemble life outside. Cells have private bathrooms, common rooms have IKEA furniture, and officers eat with inmates. The model has been studied and partially replicated in the US, the Netherlands, and parts of Latin America.
- Child Justice Act diversionactive2010–ongoing
South Africa · juvenile
South Africa's Child Justice Act 2008 (in force 2010) created a comprehensive diversion framework for children in conflict with the law, prioritising restorative justice processes, family group conferences, and community service over detention.
- Home detention for vulnerable categoriesactive2009–ongoing
Argentina · alternatives
Argentine law 26.472 permits home detention for pregnant women, mothers of children under five, the elderly (75+), and terminally ill prisoners. Greatly expanded use during the 2020 COVID-19 pandemic.
- Adversarial criminal justice reformactive2008–2016
Mexico · pre-trial-detention
Constitutional reform replaced Mexico's inquisitorial trial system with an adversarial one featuring oral hearings, the presumption of innocence, and stricter pre-trial-detention criteria. Implemented in stages, completed across all states by 2016.
- Co-housing for incarcerated mothers and infantsactive2006–ongoing
Colombia · conditions
Colombia permits children up to age three to live with their incarcerated mothers in specialised wings of women's prisons, with creche facilities, paediatric health care, and family-visit programmes.
- Drug decriminalisationactive2001–ongoing
Portugal · alternatives
Portugal decriminalised possession of small quantities of all drugs in 2001, redirecting users from criminal courts to Dissuasion Commissions which can refer them to treatment. Drug supply remains criminalised.
- Family Group Conferences for youth offendingactive1989–ongoing
New Zealand · juvenile
Since 1989, most youth justice cases in New Zealand have been diverted from court to Family Group Conferences — facilitated meetings of the young person, family, victim, and police that produce an agreed plan including reparation, apology, and community work.
- Third-degree (open prison) regimeactive1979–ongoing
Spain · rehabilitation
Spain's three-degree progression places long-term prisoners into 'third degree' open conditions allowing daily work or study outside the prison, returning at night. Originally legislated in 1979 (Ley Orgánica General Penitenciaria) and routinely used today.
- Constitutional rehabilitation mandateactive1973–ongoing
Germany · rehabilitation
Since the Federal Constitutional Court's 1973 Lebach decision and subsequent rulings, German prison policy is constitutionally bound to a rehabilitation goal grounded in Article 1 (human dignity). Subsequent court decisions have required the state to make rehabilitation efforts a positive duty, not a privilege.