In the fall of 2013, New York State's Chief Judge, Jonathan Lippman, announced a "revolutionary" statewide initiative to create Human Trafficking Intervention Courts (HTICs). The initiative occurred amidst a burgeoning consensus that prostitution is human trafficking and women who engage in prostitution are largely victims of exploitation and violence. Given the HTICs' ambition to, in Lippman's words, "eradicate the epidemic of human trafficking," and the convergent view of prostitution as trafficking, one might think the HTICs are courts that prosecute traffickers, where victim-witnesses enjoy special protections. In fact, the HTICs are criminal diversion courts where mostly female defendants are prosecuted for prostitution offenses but offered mandated services in lieu of criminal conviction and jail. The HTICs are thus a puzzle. Why have so many commentators heralded them as the model approach to prostitution/trafficking when they involve the arrest, prosecution, and even incarceration of prostitution defendants, who are presumed to be victims? A key piece of this puzzle is a phenomenon we call "penal welfare," that is, states' growing practice of using criminal courts to provide social services and benefits. In an era in which "mass incarceration" is a familiar term and tough-on-crime and broken windows ideologies are falling into disfavor, penal welfare enables entrenched institutions of criminal law to continue to function despite a growing crisis in public confidence. Based on a qualitative empirical study of the HTICs, we caution that because of their welfarist bent, the courts may sustain arrests and prosecutions of the presumptively victimized women they seek to protect, stunt the development of alternate forms of assistance and resources, and reinforce stigmatizing ideologies and discourses.

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We write as the Survivors Justice Project (SJP), a legal/organizing/social work/research collective born in the aftermath of the 2019 passage of the New York State Domestic Violence Survivors Justice Act (DVSJA), a law that allows judges to re-sentence survivors of domestic violence currently in prison and to grant shorter terms or program alternatives to survivors upon their initial sentencing. Our work braids litigation, social research, advocacy, organizing, popular education, professional development for the legal and social work communities, and support for women in prison going through the DVSJA process and those recently released. We are organized to theorize and co-produce new knowledges about the gendered and racialized violence of the carceral state and, more specifically, to support women currently serving time in New York State to access/understand the law, submit petitions, and hopefully be freed. In this article we review our collective work engaged through research and action, bridging higher education and movements for decarceration through racial/gender/economic justice, and venture into three aspects of our praxis: epistemic justice in our internal dynamics; accountabilities and deep commitments to women still incarcerated and those recently released, even and especially during COVID-19; and delicate solidarities, exploring external relations with policy makers, judges, defense attorneys, advocates, and prosecutors in New York State, other states, and internationally.

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