Corrections

1. Corrections

2. Corrections Prisons are the new ghetto, filled not only with people of color, but increasingly by immigrants. The mass incarceration model does not appear to be leveling out, and is now reaching unimaginable proportions, levels that not even the “prison works” proponents would have deemed or dreamed possible just a decade ago. This new form of genocide, this civic genocide if you will, is being realized due to the chronic ambivalence on the part of the general public. We are, for all intense and purposes, burying people alive. We have gone beyond just deserts and have adopted a model of penal harm. It is a national disgrace.

3. American overuse of incarceration • The United States has 4.5% of the world’s population, but 25% of the world’s prisoners. • There are currently 2.2 million people officially incarcerated in America (in jail or prison). • This translates to roughly 1 adult in 110 being behind bars in the U.S.

4. Selected International Imprisonment Rates/100,000 • United States – 670 • Russia – 450 • Brazil – 307 • Australia - 208 • Mexico – 204 • Malaysia – 172 The world average is roughly 170/100,000 • England/Wales – 146 • China – 118 • Egypt - 116 • Canada – 114 • Italy - 89 • Austria - 997 • South Korea – 97 • Switzerland – 84 • Denmark - 61 • Finland – 55 • Sweden - 53 • Japan – 47 • India - 33

5. Problems with the overuse of incarceration • Expensive ($80 billion/year; $38,000/inmate/year) • Biased/discriminatory • Unconstitutional conditions of confinement • Overcrowding logistics • Aggravates the crime problem • Short term (communal cohesion tipping point theory) • Long term

7. Incarceration Options • State Prisons: • roughly 1,725 state prisons • roughly 1.3 million inmates • Federal Prisons: • 102 federal prisons • 54 military prisons • roughly 190,000 inmates • Private Prisons: • roughly 100 private prisons • Roughly 130,000 inmates (8.5% of the inmate population)

8. Prison Demographics • 111,500 females in prisons (7.5% of the prison pop.) • Average age of inmates is around 37-38 years old • Racial demographics of all prison inmates • White: 30% • Black: 33% • Hispanic: 23% • Other: 14%

9. Incarceration options…continued • City/County Jails: • 3,283 jails • roughly 740,000+ jail inmates on any given day • 11 million formal jail admits/year (+ 2 million informal) • 11 day average stay • costs $175/day to house an inmate in jail, but rates vary tremendously from jurisdiction to jurisdiction • Juvenile Training Schools/Prisons: • 2,260 facilities • roughly 55,000 youth are housed in juvenile facilities • roughly 10,000 youth are housed in adult facilities • Mental health facilities (unknown numbers housed there)

10. Incarceration Rate/100,000 Prison incarceration rate – 450 Combined prison and jail incarceration rate – 670 (2.4 million+ people behind bars on any given day) American has 4% of the world’s population, and 25% of the world’s incarcerated population

11. Probation • Court administered program, in lieu of incarceration • Behavioral contract, the violation of which could result in probation being revoked and a prison/jail sentence imposed • Roughly 3.7 million people are currently on probation • Different levels of supervision and monitoring methodology: • Regular • Intensive • Electronic • Home detention • Halfway house confinement

12. Parole • Post prison release mechanism • Generally administered by the Executive Branch • Behavioral contract, the violation of which could result in parole being revoked and being returned to prison • Roughly 875,000 people are currently on parole • Different levels of supervision and monitoring methodology: • Regular • Intensive • Electronic • Home detention • Halfway house confinement

13. Parole Parole release decisions are irregularly applied. Several factors do weigh in, including: • Institutional behavior • Crime severity • Criminal history • Length of incarceration (usually not eligible until 1/3 of the maximum sentence has been served) • Mental state/Mental illness concerns • Victim input • Reintegration factors (place to live, family situation, employment opportunities)

14. Other Sanctions • Fines/citations/waiverable offense schedules • Community-based options: • Pretrial release/pretrial diversion • Street diversion (via problem solving policing) • Halfway houses • Restitution/community service sentences • Drug/alcohol treatment diversion • Mental health diversion • Misc. therapy and counseling programs • Family relations and life skills classes • Educational and voc training and assistance programs • Employment preparation and expectation courses • Employment assistance programs • Intermittent incarceration • Prison/jail furlough

15. Other Sanctions…continued • Shaming/public humiliation: • Car bumper stickers • Newspaper articles • Sign on front door • Corporal punishment: • Chemical/physical castration • Whippings (past) • Dismembered • Capital punishment

16. Scope of the Corrections Industry At present, roughly 6.6 million adults are either in prison, jail, on probation, or on parole. That translates to one adult in 38, or roughly 3% of the American adult population, being under some form of correctional supervision.

17. Does Anything Work? • Rehabilitating and reintegrating • Reduce crime via incapacitation: • Short term • Long term • Reduce crime via general deterrence • Reduce crime via specific deterrence • Fiscally responsible

18. Future of Incarceration • Build more prisons/continue mass incarceration • Tear down the large, monolithic prisons • Build no more prisons: • Divert to community based alternatives • Selective incapacitation • Shorter sentences • Less intrusive classification

19. Future of Incarceration…continued • Build humane facilities: • Smaller prisons • Inmate/guard interaction • Divert to community based alternatives • Selective incapacitation • Shorter sentences • Less intrusive classification

20. Punishment Perspectives • Do we send people to prison as punishment or to receive punishment? • What is just punishment – a punishment that fits the crime or the criminal? • What punishment options will have a good effect upon individuals in the long run? • What punishment options will likely be de-habilitating in the long run?

21. Why do we Punish? • To resolve conflict • To maintain values/social borders • To get people to stop doing things • To make ourselves feel better • To hold people accountable • To protect society • To rehabilitate/treat the offender Why do you punish, as a parent, as a teacher, as a coach, as a supervisor?

22. Philosophy of Punishment • Individually oriented punishment philosophies (past tense orientation): • Retribution • Revenge • Society-wide oriented punishment philosophies (present tense orientation): • Control/order maintenance • General deterrence

23. Philosophy of Punishment…continued Individually oriented treatment philosophy (future tense orientation): • Medical rehabilitation • Mental rehabilitation • Societal reintegration

24. More Punishment Perspectives 1. Why do we punish? 2. Should society punish, and why/why not? 3. Which of the punishment theories best fits your perspective? 4. Which of these philosophies of punishment would yield a more just society? 5. Is there ever justice in punishment? 6. What philosophy should we use in response to your misbehaviors? 7. What philosophy should we use in response to the person who raped your little daughter? 8. Is the answer to questions 6 and 7 the same?

25. Punishment Perspectives…continued 9. Should punishment be more context based? 10. Should punishment be based on the legally defined act, the circumstances surrounding the act, and/or the characteristics of the actor? 11. When should we punish? How soon after the act should the punishment be meted out? 12. Should we punish for what they did, for what they might yet do, or some combination thereof?

26. Recidivism Dimensions • Time dimension • Type of violation: • Felony/Misdemeanor • Violent/Non-violent • Drugs issues • Type of violator (population sample dimension): • Maximum security releases vs. Pre-trial diversion participants • Career criminal vs. 1st time offender

27. Recidivism Dimensions…continued • Level of intrusion • Arrested • Convicted • Sanction • Prison (max, med, min) • Jail • Probation • Parole revoked • Halfway house • Other community-based options

28. Recidivism Rates • Roughly 50% of those released from prison, return to prison within 5 years on a new felony conviction. • Roughly 70% of those released from prison will be arrested on a new felony charge within 3 years of release. • Roughly 80% of those released from prison will be arrested on a new felony charge within 6 years of release. • Roughly 85% of those released from prison will be arrested on a new felony charge within 9 years of release.

29. Recidivism v. Relative Adjustment Recidivism – dichotomous negative oriented justice system reentry measure Relative Adjustment – multivariate positive oriented overall societal reentry/relative adjustment measure We want those who receive correctional treatment to not just be NOT re-arrested/re-convicted/re-imprisoned, we want them to successfully re-enter society as contributing members, and we should measure this according

30. Relative Adjustment • Time Dimension – if we can lengthen the lag time between offenses, that is a success • Measurement Dimension & Orientation • We use a dichotomous justice system indicator to measure the impact of our socio-psychological economic correctional treatment programs (a negative measure) • We need to use a time-based, multi-variate social-psychological economic instrument to measure reentry success (a positive measure)

31. A Relative Adjustment Scale • Lose points (and the loss is greater over time) for • A dirty urine result • A speeding ticket • A shoplifting arrest • Get points for • living at the same residence for a certain time • keeping your job for a certain time • clean urine tests over a certain time • earning your GED

32. Correctional Law • Wolff v McDonnell - inmates have the right to an institutional disciplinary hearing, written advance notice of the hearing, to present evidence/witnesses/testify in their own behalf at the hearing, and a formal ruling is to be placed in their file • Morrissey v Brewer - parolees have no right to legal counsel at parole revocation hearings • Gagnon v Scarpelli - probationers have the right to an attorney at probation revocation hearings Basic principle - Further in the system, fewer legal rights

33. Correctional Law…continued Wilson v Seiter - made it more difficult for inmates to win unconstitutional conditions of confinement cases; inmates must demonstrate specific unconstitutional conditions of confinement, and specific intent on the part of specific prison officials to maintain those unconstitutional conditions Pragmatic vs. Constitutional rulings Micro – Macro De Jure – De Facto

34. Legal Re-entry Obstacles (the 2nd prison) • Bills of attainder – de jure • Bills of attainder – de facto • Civic restrictions • Insurance restrictions • Educational restrictions • Occupational license restrictions • Bonding restrictions • Government employment restrictions • Public Housing restrictions

35. Corrections Reforms • Prisons/Jails • Remove from the public sector • Prison industry • No forced rehabilitation programming • Presumptive release date • Adjust sentences • Selective incapacitation (divert more to Community based alternatives) • Shorter sentences • Less intrusive classification

36. Habitual Offender Law Concerns • Low offender perceived certainty of apprehension factor • Targeting wrong age-based population demographic • Poor predictive capability/targets in an ex post facto context • Replacement phenomenon (see Kovandzic, The Impact of Florida’s Habitual Offender Law, Criminology, February 2001, pp. 170-203.)

37. Corrections Reforms Prisons/Jails: • Remove from the public sector • Prison industry • No forced rehabilitation programming • Presumptive release date • Adjust sentences • Selective incapacitation (divert more to Community based alternatives) • Shorter sentences • Less intrusive classification

38. Corrections Reforms…Prison/Jails continued • Expand furlough programs: • Work release • Study release • Family furloughs • Community furloughs • Graduated release programming • Parole people faster • Increase voc training/education programs • Hold seminars on family relations, employment preparation/expectations and general life skills • Ramp up reentry programs

39. Re-entry Challenges • Civic restrictions • Insurance restrictions • Educational restrictions • Occupational license restrictions • Bonding restrictions • Government employment restrictions • Public Housing restrictions • Limited access to adequate health care • Family stabilization issues

40. Collateral Consequences of Imprisonment Attenuated community acceptance/social stigmatization Curtailed employment/economic opportunities Political alienation De-stabilization of the family and impaired development of children Diminished mental and physical health Homelessness

41. Re-entry Strategies • Front end options – drug/alcohol/mental health centers, halfway-in houses, intensive probation with an employment focus, volunteers in probation, more use of day fines, community courts, intermittent incarceration/weekend confinement, pre-trial diversion, pre-trial release programs, bail hostels, one strike “hug-a-thug”. • Back end options – early parole, halfway-out houses, tax incentives to hire ex-offenders, removal of the de facto bills of attainder (restricting occupational licensing, government employment, housing assistance, etc), employment assistance programs (be employment focused), volunteers in parole.

42. Re-entry Strategies…continued • Custodial options – re-classify more to minimum security, more work release, study release, family furlough, extended furlough, pre-release programs, encourage prison visits, vocational training and education programs, employment preparation and expectation courses, seminars on family relations, interpersonal relations, and life skills.

43. Long Run Strategies • Develop a Less Punitive Correctional Model • Less reliance on prisons • Shorter sentences • Minimize classification level (Scuba analogy, Social distance) • Develop a More Effective Correctional Model • Scientific criminology • Political criminology • Overcome the Lingering Cultural Orientation of Attainder (Singapore Yellow Ribbon Project)

44. Singapore Yellow Ribbon Program Goals Create awareness of giving a second chance to ex-offenders. Generate acceptance of ex-offenders and their families into the community. Inspire community action to support the rehabilitation and reintegration of ex-offenders.

45. Yellow Ribbon Activities 1. Ex-offenders are recognize as being crime and drug free at an annual award ceremony. 2. Public concerts are held regularly, where top-run celebrities perform with ex- offenders. 3. Job fairs, specifically designed for ex-offenders, are held regularly. 4. High level conferences on corrections and re-integration are regularly convened. 5. Docu-dramas featuring inspiring success stories of ex-offenders are televised. 6. Hundreds of thousands of yellow ribbons have been distributed to citizens of Singapore who wear them in public as a visual representation of their support for this program and for ex-offender reintegration. Perhaps most important element of all is the fact that the program has the active support of prominent corporate and political leaders. They frequently make public appearance and public statements supporting the Yellow Ribbon initiative.

46. Long Run Strategies…Again • Develop a Less Punitive Correctional Model • Less reliance on prisons • Shorter sentences • Minimize classification levels (Scuba analogy, Social distance) • Develop a More Effective Correctional Model • Scientific criminology • Political criminology • Overcome the Lingering Cultural Orientation of Attainder(Singapore Yellow Ribbon Project)

47. Corrections Reforms…continued • Prisons/Jails • Ramp up reentry programs • Democratic prisons • Release older inmates • Tax incentives to hire ex-offenders • Be employment focused • Allow more prison visits • Move to a “full service” rehabilitation prison model

48. Overall, there is a need to get the prison population down, to impact less negatively on the individuals while they are there, and help them to become successfully reintegrated within their family units, their communities and the workforce, once they leave the prison setting. We can do this by: • Short-term/Medium term • Front end options • Back end options • Custodial options • Long term • Develop a Less Punitive Correctional Model • Develop a More Effective Correctional Model • Overcome the Lingering Cultural Orientation of Attainder

49. Parole Reforms • Expand pre-parole furlough programs (work release, study release, family furlough, weekend confinement) • Grant parole earlier • Utilize more VIPs (Volunteers in Parole) • Eliminate revocation for technical violations • Mandatory residential re-entry center participation (structured Halfway “out” Houses) • Reduce parole officer caseload size: • Social service focused officer to some • Custody oriented officer to others (intensive/electronic)

50. Probation Reforms • Increase the use of probation (vs. prison) • Greater use of halfway “in” houses for those in need of enhanced life structure • Holistic rehabilitative/reintegrative assistance orientation • Reduce supervision of low-risk offenders • Utilize more VIPs (Volunteers in Probation) • Reduce probation officer caseload size: • Social service focused officer to some • Custody oriented officer to others (intensive/electronic)