Criminal Legal Reform

Increasingly harsh criminal justice policies over the last three decades have resulted in a system that relies on over-criminalization, mass incarceration, and racial injustice.

CLR

Instead of ensuring public safety and addressing the root causes of crime, the war on drugs has led to unconstitutional police practices, unfair and inconsistent sentencing, and abuses of authority which only harm, rather than help, the public, and extremely disproportionately affect minorities.

Nationally, the ACLU's Smart Justice movement has sought to orchestrate national reforms to the “front end” of the criminal justice system from policing to sentencing. This includes putting an end to racially motivated policing and sentencing, increasing government accountability and transparency, and reversing the shift toward excessive incarceration.

The Latest

Resource
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White House Domestic Policy Counsel Office, Leavenworth Cou. Commission re: CoreCivic Leavenworth

Press Release
BREAKING: Gov Kelly has released eight people from prison through executive clemency

Gov. Kelly releases three ACLU of Kansas Clemency Project clients, paving the way for many more such releases

In a historic move the ACLU of Kansas hopes will normalize the use of executive clemency, Governor Laura Kelly today released three affiliate clients from various state prisons via commutation.
News & Commentary
halo act

Kansas ‘Halo Act’ raises constitutional concerns over first responder proximity law

The bill’s passage has drawn opposition from groups like the ACLU and the Kansas Press Association, who says the bill will violate First Amendment rights. Critics say the vague writing of the bill will lead to legal battles over its enforcement.
News & Commentary
topeka capitol

New Kansas law lets police enter ICE agreements without county oversight

“These new provisions break down the boundaries that exist between local and federal operations. They expose agencies in our state to federal civil rights litigation and it’s all for the goal of targeting immigrants in our community,” Logan DeMond, the director of policy and research for ACLU Kansas, said. “This is a direct attack on due process. There are serious constitutional concerns with this legislation. It’s not just an attack on immigrants. It is an attack on all of our rights.”
Court Case
Jun 13, 2022

AMICUS BRIEF: State v. Garrett

On June 13, 2022, the ACLU of Kansas filed an amicus brief in State of Kansas v. Edwanda R. Garrett challenging the constitutionality of K.S.A. 21-6608(c)(7), which currently prolongs probation for “as long as the amount of restitution order has not been paid”. By ensuring that low- and no-income people are subjected to longer and harsher punishment than their wealthier counterparts for simply being unable to pay, the statute violates the Equal Protection Clause of the U.S. Constitution.
Court Case
May 26, 2022

Glendening et al. v. Howard et al. [KDADS – Larned State Hospital]

The ACLU of Kansas, along with partners, filed a class action suit on May 26, 2022 against the Kansas Department of Aging and Disability Services (KDADS), citing wait times as long as 13 months for competency evaluations and restoration treatment for people facing criminal charges.
Court Case
Apr 19, 2021

Progeny et al v. City of Wichita et al

On April 15, 2021 the ACLU of Kansas and Kansas Appleseed filed a class-action lawsuit against the City of Wichita, challenging the Wichita Police Department's use of a "gang" list.
Court Case
Feb 06, 2026

Shaw v. Smith (previously Jones)

On January 30, 2020, the ACLU of Kansas filed a lawsuit challenging the Kansas Highway Patrol’s practice of unconstitutionally targeting motorists with out-of-state plates traveling to and from Colorado and routinely employing a training technique known as the “Kansas Two-Step.” We represent several individuals who were stopped and detained by KHP troopers for traffic infractions, and were then detained for a canine sniff of their vehicle, without adequate reasonable suspicion, in violation of the Fourth Amendment.