When a caregiver is incarcerated, whether for a short time after arrest or a longer period before or after sentencing, their children are often deeply affected. The actions and decisions of lawyers, judges, and probation and pretrial services officers can significantly impact these children’s lives. To help reduce harm to a defendant’s minor children, it is essential that family relationships and caregiving responsibilities are evaluated, considered, and prioritized throughout the legal process.
The resources on this page offer support for advancing family-focused decision making at both the pretrial and sentencing stages of criminal legal proceedings.
CIC also offers continuing legal education courses and other informational roundtable discussion sessions for legal professionals who want to learn more about the impacts of parental incarceration, laws that encourage or require the consideration of family relationships in sentencing decisions, and the benefits of community-based alternatives. Past training partners include Criminal Justice Institute, Hennepin County Public Defender’s Office, Minnesota Association of Criminal Defense Lawyers, and United States District Court.
Child-Focused Advocacy at the Pretrial Stage
Decisions made during the pretrial stage, like whether to detain a person or the bail amount, can have significant consequences for both the outcome of a case and the well-being of the defendant’s children. Tools like family impact statements can help courts take family relationships and caregiving responsibilities into account when making these important decisions.
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Child-Focused Pretrial Practices 2025
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Family Impact Statements 2024
When a parent is being sentenced, their role as a caregiver and the impact that incarceration may have on their children is rarely discussed. The use of Family Impact Statements could change that. This comprehensive report by CIC student researcher Bekah Muta examines the limits and possibilities of using Family Impact Statements during a parent’s pretrial or sentencing.
Child-Focused Sentencing
A parent’s sentence is also a child’s sentence. Decisions about the type of sentence, length of sentence, and associated restrictions directly impact the defendant’s minor children. Lawyers are encouraged to utilize tools like family impact statements to provide judges with information about how their decisions will impact families and to incorporate relevant law into sentencing memoranda and arguments.
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United States Sentencing Guidelines Comment 2026
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Family Impact Statements 2024
When a parent is being sentenced, their role as a caregiver and the impact that incarceration may have on their children is rarely discussed. The use of Family Impact Statements could change that. This comprehensive report by CIC student researcher Bekah Muta examines the limits and possibilities of using Family Impact Statements during a parent’s pretrial or sentencing.
Alternatives to Incarceration
CIC tracks and researches laws, policies, and programs implemented across the United States that aim to allow eligible parents or caregivers of minor children to remain in the community in lieu of incarceration while awaiting the resolution of their case or as a sentencing alternative. These alternatives avoid parent-child separation and help mitigate the negative impacts of incarceration. Examples include use of family-focused probation, electronic home monitoring, residential facilities, and community-based programs. Existing and emerging programs and policies around the U.S. provide alternatives that keep caregivers in their community and maintain public safety. These programs typically provide resources to help meet defendants’ underlying needs, helping to stabilize families and reduce recidivism.
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Nevada Family First Program 2025
Sunrise Health Clinics in Las Vegas, Nevada, received funding from the U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention to support a family-based alternative sentencing program called Family First. This report by UCI fellow Henry Borkgren examines the Family First program and the services it offers to support families involved in the criminal legal system. -
Community-Based Solutions for Alternatives to Parental Incarceration in Oklahoma & Wisconsin 2023
In 2023, UCI fellow Sullyari Bautista wrote the above report investigating two programs: ReMerge in Oklahoma City, Oklahoma and the ARC Maternal and Infant Program in Madison, Wisconsin. -
Minnesota Healthy Start Act 2023
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Oregon Family Sentencing Alternative Pilot Program 2023
In 2022, UCI fellow Meg Hinson wrote an initial report investigating Oregon’s Family Sentencing Alternative Pilot Program, and UCI fellow Nicolas Guo updated the report in 2023. -
Illinois Children’s Best Interest Act 2024
Since 2021, Illinois’s Children’s Best Interest Act has set forth additional mitigating factors for courts to consider when sentencing a parent or caregiver and has created the right to present a family impact statement at sentencing. This report by CIC students researchers Amanda Tyler and Bekah Muta explores the act’s implementation, obstacles, and future prospects. -
Washington Parenting Sentencing Alternative 2025
Washington’s Parenting Sentencing Alternative not only cuts down on costs of incarceration, but also reunifies children with their parents. This report by UCI fellows Henry Borkgren, Lindsey Busk, Nicolas Guo, and Logan Jurnak explores the development and implementation of the two programs under this alternative and examines their impact on addressing parental incarceration. -
Texas Baby and Mother Bonding Initiaitve 2025
Texas passed legislation in 2007 that authorized the creation of the Baby and Mother Bonding Initiative (BAMBI), a pioneer for out-of-prison nursery programs. This report by UCI fellow Gavin Repman explores the origins, development, and implementation of BAMBI, which aims to keep incarcerated mothers and their newborns together in a residential, community-based environment conducive to the healthy psychosocial development of mother and child. -
Alabama Dallas County Family Preservation Program 2025
The Dallas County Family Preservation Program, launched in 2023 in Selma, Alabama, is a diversion program tailored specifically to parents that aims to provide a strategic, family-centered alternative to incarceration. This report by CIC student researcher Kinsey Button explores the program’s background and development, structure, and outcomes. -
Massachusetts Primary Caretakers Legislation 2024
Massachusetts allows primary caretakers of children to request a community sentence if they’re convicted of a crime. Now, advocates are hoping to create a path to pre-trial diversion for pregnant people and caregivers too. Learn more about the Primary Caretakers statute and new legislation in this report by UCI fellow Anthony Pimentel. -
California Primary Caregiver Diversion 2023
UCI fellows Karsen Melgard and Zoe Vikstrom co-wrote the above report investigating California’s Primary Caregiver Diversion Law.