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1 Summary and Recommendations from Criminal Justice Reform: Issues and Recommendations for Corrections The Prison Journal Some important facts: • 7.3 million Americans are now incarcerated or on probation or parole, the highest incarceration rate in the world (an increase of 290% since 1980) • Drug offenders in prisons and jails have increased 1200% since 1980 (many have no history of violence or drug selling activity) • Minorities constitute a disproportionate share of the prison population • 2 of every 3 released prisoners are rearrested, and 1 in 2 returns to prison within 3 years of release • Incarceration expenditures compete with and diminish funding for other purposes, such as public health, education, public safety, and programs designed to reduce the prison population • Incarceration is an over-used option • There are less expensive alternatives that are preferred and will not compromise public safety Article Summaries: 1. Reforming the Criminal Justice System in the United States: Issues and Recommendations a. The current “tough on crime” era has led to increasing numbers of imprisoned Americans and unsustainable costs b. Overcrowded prisons and bloated correctional budgets have drained money from educational and social programs – and has become untenable during the recession c. Many advocacy groups have called for reform, and within the federal government, Senator James Webb of Virginia encourages a bi-partisan approach reform through his proposed National Criminal Justice Commission (NCJC) 2. Bringing Down the U.S. Prison Population a. The incarceration rates in the U.S. in the late 1970’s began to increase at the rate of 6% annually – the incarceration of drug offenders has increased by 10x i. One rationale for the intensity of the drug war is that raising the risk of punishment would encourage dealers to demand higher prices for their drugs and thereby reduce demand ii. Some approaches could diminish drug abuse problems: rehabilitation clinics, and legislation permitting the medical use of and decriminalization of marijuana. European countries have tried clinics for certified addicts where they can come and get a personal supply of their drug in a public health environment which includes rehabilitative services (rather than in a criminal environment) b. Prison population growth is a results of policy choices imposed on criminal justice system ---PAGE BREAK--- 2 c. Growth in the crime rate and more effective policing hardly contributed to the prison population – the growth is primarily attributed to increases in the commitment to prison per arrest rate and longer time served, including parole violation (a measure of prosecutorial and judicial “toughness”) i. Influenced by growing politicization of criminal justice policies – feared being labeled “soft on crime” d. The NCJC will address these problems, which requires a commitment by commission members to avoid partisanship and result in policies that will serve all parties e. Steps to consider: i. Provide leadership in repealing the draconian laws enacted due to political pressures – could try “sunsetting” those laws so they expire after 3 years and at that time can be reassessed ii. Provide an opportunity for parole for those who are low risk iii. Reconsider response to those who violate parole (such as mandatory drug treatment) iv. Develop better public health approaches – treatment vs. incarceration (also prevention) v. Less harsh drug laws 3. Evidence-Based Policies and Practices for Drug-Involved Offenders a. Evidence-Based Sentencing: i. Good sentencing programs integrate both public health and public safety approaches by combining criminal justice supervision and mandatory community-based treatment ii. Per plea diversion: offenders charged with minor crimes may have their charges withdrawn if they remain arrest free for a specified period, satisfy minimal reporting obligations and complete treatment requirements iii. Disposition before judgment: The defendant must plead guilty or no contest and the plea is held in abeyance while they complete probation with treatment conditions. If they satisfy the conditions the plea will be vacated and the record may be expunged iv. Drug courts: A judge supervises the diversion program, and frequent status hearings allow the judge to review progress and they may escalate sanctions or impose rewards – graduates may have their charges withdrawn and record expunged, or may avoid incarceration/have probation reduced v. Intermediate punishment: Restrictive community sentences such as military- style boot camps, intensive supervised probation (ISP), correctional half-way houses, day-reporting centers, and home detention vi. Incarceration b. The costs of these increase from top to bottom – greatest cost is associated with incarceration, also risks to public safety declines from top to bottom i. Best outcomes are produced by programs in the middle of the spectrum, and worse outcomes are by those at either extreme ii. Evidence-based sentences are selected that balance all three policy objectives of safety, cost and impact on offenders iii. The policy objective of deterrence is not easily empirically validated, and so it is left out ---PAGE BREAK--- 3 c. State and federal legislatures should require trial courts to consider (but not bound by) empirically validated information on (cost) effectiveness when imposing criminal sentences, and articulate the rationale for their sentencing decisions on the record d. The most effective and cost-efficient outcomes are achieved when offenders are matched to dispositions based on their criminogenic needs and prognostic risk for failure i. It is important not to over-treat those drug offenders who are not addicted – could produce poor outcomes and waste resources e. Coerced abstinence programs: participants undergo weekly drug testing and probation supervision and receive escalating jail sanctions for infractions f. Trial courts should be required to obtain valid, reliable and culturally unbiased assessments of offenders’ criminogenic needs and prognostic risks after conviction but prior to sentencing g. Evidence-Based Treatment: i. Counseling Interventions: • Contingency Management (CM): receive escalating rewards for attending treatment sessions or providing clean urine samples • Cognitive-Behavioral Treatment (CBT): address offenders’ dysfunctional thought patterns • Clinicians must be well-trained on the curriculum ii. Medically Assisted Treatment (MAT): • Buprenorphine or methadone maintenance prior to or immediately after release from jail helpful for heroin addicts – agonist medications • Antagonist medications – naltrexone – reduced heroin use and rearrest rates for opiate-addicts • Educate criminal justice professionals and policy makers about these proven treatments and dispel and misconceptions iii. Correctional Therapeutic Communities (TC’s): • Residential programs that isolate participants from drugs – they confront maladaptive personality traits, sanction inappropriate and reward positive behaviors, and provide mentorship • Should be provided along full continuum of reentry iv. One way to hold agencies accountable is to link their reimbursement rates to measurable performance benchmarks (adhering to evidence-based correctional practices) – organizations tools for this exist v. Performance contracting – useful for improving program outcomes (bonus payments for boosting retention in counseling) h. Evidence-Based Reentry: i. Performance contracting should be applied in the reentry context ii. Reimbursements to treatment programs and parole agencies should be contingent upon administering evidence-based practices and maintaining an adequate level of service delivery post-release 4. Prisons Do Not Reduce Recidivism: The High Cost of Ignoring Science ---PAGE BREAK--- 4 a. Imprisonment is a social experience that deepens illegal involvement - criminologists have developed this alternative view to the idea that mass incarceration reduces recidivism (by teaching offenders that “crime does not pay”) i. There is little evidence that prisons reduce recidivism and some evidence that they have a criminogenic effect – custodial sanctions may make society less safe ii. The prison experience is not just a “cost” – they enter a “prison community” and become more criminally oriented – social cost b. High recidivism rates exist despite costly imprisonment i. Low-risk offenders are likely to experience increased recidivism c. Policy implications: Imprisonment should not be considered as the only sanction that punishes offenders, should demand more evidence-based rehabilitation programs, money and attention should be diverted to situation crime prevention programs that reduce opportunities to offend 5. People With Serious Mental Illness in Criminal Justice System: Causes, Consequences, and Correctives a. Harsh crime control policies and draconian drug laws account for the large numbers of people with serious mental illness arrested and incarcerated (many of those arrested for drug possession/sales have co-occurring disorders) i. Not attributed to deinstitutionalization b. The risk factors that predict crime among mentally ill persons are the same risk factors that predict crime among those with no serious illness c. Treating mental illness alone is unlikely to lower recidivism d. Recommendations: i. Larger investments should be made in treating co-occurring disorders and funding aftercare services to maintain treatment gains and sustain recovery ii. Use of standardized assessment tools as first step in evaluation of pervasiveness of major diagnoses iii. End of criminalization – police, court, and jail-based diversionary programs must be fully staffed with practitioners • Community-based drop-in centers are good option in lieu of hospitalization and arrest for disruptive public behavior • Transitional services should be offered during incarceration to prepare parolees and released detainees to cope with their disease after release e. treatment can make this population more receptive to interventions that can lower the risk of criminality f. People with serious mental illnesses engaged in public order violations should be diverted from the criminal justice system, and those with more serious charges should be properly assessed and served 6. Addressing Racial Disparities in Incarceration A. High rates of incarceration of minority groups in the U.S. may be attributed to the relative degree of involvement in crime, disparate law enforcement practices, sentencing and parole policies and practices, and biased decision making ---PAGE BREAK--- 5 B. Disproportionate processing at one stage of the criminal justice system often contributes to widening disparities at succeeding points C. Extreme racial disparities in imprisonment result in African American communities being disproportionately affected by the collateral effects of incarceration – including family stress and dissolution, neighborhoods experiencing high mobility of residents cycling in and out of prison, and growing numbers of people with limited employment prospects i. Also effect perceived legitimacy of the criminal justice system ii. Have not necessarily been effective in enhancing public safety D. Recommendations: ii. Level the playing field – provide credible sentencing options to courts iii. Invest in high school completion iv. Adopt racial impact statement legislation – require consideration of any undue racial effects of sentencing or other criminal justice legislation prior to adoption v. Reorient the “war on drugs” – more community-based options, change mandatory sentencing laws, and set up drug courts to target prison-bound offenders vi. Adopt and implement racial fairness policy goals and commissions vii. Examine policy and practice decisions for undue racial impact 7. The Benefits and Costs of Early Prevention Compared With Imprisonment: Toward Evidence-Based Policy a. There is a growing body of research that shows that early prevention is an effective investment of public resources and a viable alternative to imprisonment/punishment b. Early childhood learning/enrichment programs are worth investing in c. According to a number of cost-benefit analyses, the benefits only begin to offset the operating costs when prisons are reserved for the most serious and violent offenders d. Economic analysis is an important element in evidence-based crime policy i. Should invest in high-quality outcome and economic evaluation research to allow for comparisons among crime policy options e. Educate politicians about the many benefits from prevention that accrue to taxpayers in the interim (while awaiting longer-term results) f. The public is willing to spend more in taxes on prevention 8. Strategies for Reducing Prison Populations a. There is political support for the first time in decades for the reduction of prison populations b. Methods to divert people from prison: i. Strengthening probation • Surveillance-based probation, increase in services and programming ii. Creating fiscal incentives for community corrections iii. Reducing or eliminating mandatory penalties (restrictions on the use of probation) iv. Technical violations/revocation initiatives can reduce prison intake rate ---PAGE BREAK--- 6 v. Length of stay strategies • Programs that release prisoners before maximum length of stay • Sentencing changes that reduce sentences across the board vi. Release strategies • Parole – eliminate the practice of denying parole at the initial hearing • Special early release – increase “good time” a person can receive vii. Sentencing change strategies • Targeted sentence reduction – policy approach to across-the-board sentencing reductions • Offense-specific statutory changes • Recidivism statutes - eliminate sentence-enhancements for recidivism viii. Program-based strategies • The effects of programming apply to those who would ordinarily recidivate without the programming, and have the greatest impact on the highest-risk offenders c. Incapacitation effects i. Estimated amount of crime averted through incapacitation has declined ii. Criminal replacement and high degree of co-offending explain why crime rates have not been affected by incarceration iii. Current levels of incarceration go well beyond what is needed to maximize the efficiency of incapacitation