Corrections

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Corrections
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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.

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American overuse of incarceration

• The United States has 4.5 of the worlds
  population, but 25 of the worlds 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.

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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

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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

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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)

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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

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Incarceration optionscontinued

• 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)

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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 worlds population,
  and 25 of the worlds incarcerated population

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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

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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

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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)

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Other Sanctionscontinued

• Shaming/public humiliation
• Car bumper stickers
• Newspaper articles
• Sign on front door
• Corporal punishment
• Chemical/physical castration
• Whippings (past)
• Dismembered
• Capital punishment

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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

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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.

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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

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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

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Future of Incarcerationcontinued

• Build humane facilities
• Smaller prisons
• Inmate/guard interaction
• Divert to community based alternatives
• Selective incapacitation
• Shorter sentences
• Less intrusive classification

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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?

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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?

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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

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Philosophy of Punishmentcontinued

• Individually oriented treatment philosophy
• (future tense orientation)
• Medical rehabilitation
• Mental rehabilitation
• Societal reintegration

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More Punishment Perspectives

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

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Punishment Perspectivescontinued

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

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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

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Recidivism Dimensionscontinued

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

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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.
• 800,000 are released from prison each year, and
  roughly 430,000 are re-arrested. Why so high?

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Re-entry Challenges (2nd prison)

• Bills of Attainder de jure/de facto
• Civic restrictions
• Insurance restrictions
• Educational restrictions
• Occupational license restrictions
• Bonding restrictions
• Government employment restrictions
• Public housing restrictions
• Limited access to adequate health care
• Family instability
• Socially stigmatized
• Limited social/professional networks
• Limited social/cultural opportunities
• Limited talent development opportunities
• Compounded employment limitations

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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-imp
  risoned, we want them to successfully re-enter
  society as contributing members, and we should
  measure this according

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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)

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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

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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

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Correctional Lawcontinued

• 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

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Bills of Attainder (de jure v. de facto)

• The right to vote
• The right to hold public office
• The right to public employment
• Educational restrictions
• The right to many occupational licenses
• The right to serve on a jury
• The right to be a witness
• Access to life and automobile insurance
• The right to adopt children
• Public housing restrictions
• Overwhelming social stigma

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Corrections Reforms

• Prisons/Jails
• Adjust sentencing attitudes and practices
• Selective incapacitation
• Shorter sentences
• Less intrusive classification
• (scuba-diving analogy)

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Prison/Jail Reformscontinued

• Selective incapacitation/Alternatives to
  incarceration (front end options)
• Halfway houses
• Intensive probation (with an employment focus)
• Volunteers in probation
• Drug and alcohol clinics
• Mental health clinics
• Intermittent incarceration/Weekends in jail
• Community service sentences
• Restitution-based sentencing

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Prison/Jail Reformscontinued

• Selective incapacitation/Alternatives to
  incarcerationcontinued
• Victim/Offender mediation
• Third party custody (community network teams)
• Expand the use of fines/day fines
• Community courts
• Pre-trial diversion
• Pre-trial release
• Bail hostels
• One-strike hug-a-thug programs
• Problem how to differentiate low risk vs high
  risk offenders

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Prison/Jail Reformscontinued

• Adjust sentences, points 2 and 3
• Shorten the length of sentence
• Dont over-classify/less intrusive
  classification
• These three points, taken in tandem, are the
  central component to Americas correctional
  system reform needs.

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Prison/Jail Reformscontinued

• Prison/Jail Custodial Reforms
• Re-classify more to minimum security
• Prison privatization
• Prison Industry
• No forced rehabilitation programming
• Presumptive release dates
• Set up pre-release programs
• Expand furlough programs
• Work release
• Study release
• Family furloughs
• Community furloughs
• Extended furloughs
• Graduated release programming
• Set up pre-release programs

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Prison/Jail Reformscontinued

• Prison/Jail Custodial Reformscontinued
• Facilitate and encourage prison family/friend
  visitation
• Ramp up vocational training and education
  programs
• Hold employment preparation and expectation
  courses
• Hold seminars on family relations, interpersonal
  relations, and life skills
• Group and individual counseling (drug, alcohol,
  anger)
• Democratic prisons
• Release older inmates
• Open press policy
• Move to a full service rehabilitation prison
  model
• Better food

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Prison/Jail reformscontinued

• Back-end options (ramp up reentry programs)
• early parole
• employment-based parole
• halfway-out houses
• tax incentives to hire ex-offenders
• removal of the de facto bills of attainder
• employment assistance programs
• alcohol/drug/mental health program access
• volunteers in parole
• overcome the lingering cultural orientation
  of Attainder (Singapore Yellow Ribbon
  Project)

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Singapores Yellow Ribbon Project
http//www.yellowribbon.org.sg/
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Singapore Yellow Ribbon Program Goals

• Create awareness of giving a second chance to
  ex-offenders.
• Generate acceptance of ex-offenders and their
  families within the community.
• Inspire community action to support the
  rehabilitation and reintegration of ex-offenders.

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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.

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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

• Developing a Less Punitive Correctional Model
• Less reliance on prisons
• Shorter sentences
• Minimize classification levels
• (scuba-diving analogy)
• Overcoming the Lingering Cultural Orientation of
  Attainder (ala the Singapore Yellow Ribbon
  Project)

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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)

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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)

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Greater Use of Community-Based Options(generally
minimize the level of intrusion into the system)

• Pretrial release/pretrial diversion (including
  drug courts)
• Street diversion (via problem solving policing)
• Community courts (victim/offender mediation)
• Probation
• Halfway houses
• Restitution/community service sentences
• Drug/alcohol treatment diversion
• Mental health diversion

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Greater Use of Community-Based Optionscontinued

• Misc. therapy and counseling programs
• Intermittent incarceration
• Family relations and life skills class
• Educational and voc training and assistance
  programs
• Employment preparation and expectation courses
• Employment assistance programs
• Expanded fine schedule/waiverable offense
  schedule (citations)
• Prison/jail furlough programs

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Bio-Criminology Options

• Crime can be reduced by
• Balancing out the hormones and enzymes produced
  by the body (serotonin, dopamine, melatonin,
  testosterone, estrogen, MAOA, CSF/serum albumin,
  phenethylamine/MAO-B, oxytocin).
• Removing the excessive caustic externally
  absorbed components (lead, mercury, cadmium,
  PCBs, manganese, nicotine in the prenatal
  period).
• Balancing/increasing the intake of healthy
  substances (dietary adjustments with a focus on
  healthy nutrition, general vitamin therapy and
  particularly zinc, iron, chromium, omega 3 and 6,
  DHA, protein in the prenatal period).

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Bio-Criminology Optionscontinued

• Utilizing a nurturing environment to overcome the
  latent/genetic-based vulnerabilities, including
  the use of genetic screening to identify those
  with the highest levels of vulnerability.
• Being alert to/compensating for insufficient
  brain development/brain abnormalities.
• Miscellaneous Bio-criminology proposals
  galvonic skin
• implants, anti-adrenaline injections,
  castration (physical and
• chemical), pink rooms
• In sum, crime can be reduced by altering the
  bio-chemical
• makeup of the body.

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Future of Corrections?

• The real need, is a change of communal attitude,
  for we
• are far too harsh and are only making the crime
  situation
• worse. We need to be willing to have
• Less reliance on prisons
• Send fewer to prison
• Shorter sentences
• Minimized classification
• Minimize the ex-con stigma legally and socially,
  and replace it with attitudes and activities that
  promote their successful re-entry