Reducing Recidivism Through Prison Education
by Heather D. Burton
ABSTRACT
America imprisons more people per capita than any other industrialized nation. We
currently have more than 2.2 million people in our prisons and jails. This number is expected to
grow over the next few years. This population growth results in our Federal and State
governments spending an increasing amount of taxpayer money on criminal corrections every
year. Prisoners have the lowest educational rates and the highest levels of illiteracy and disability
of any segment in our society. Most all these people will be eligible for parole at some time in
the future, and most are unprepared for life outside of prison. As a result, a large number of
those released from prison will eventually return. Our society views prison as a place of
punishment. We place very little emphasis on the rehabilitation of prisoners. Despite the
substantial success that educational programs have displayed, funding for educational programs
has not kept pace with the exploding prison population. In fact, many states have opted to reduce
funding for prison education. Educating prisoners is admittedly only one of many policies that
can and should be used to reduce recidivism. Education can help reduce our prison population
and our society is facing a desperate need for such a reduction.
TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................... 2
THE PRISON POPULATION EXPLOSION AND RECIDIVISM ............................................................. 2
POPULATION GROWTH .................................................................................................................. 2
EXPENSE ....................................................................................................................................... 5
CAPACITY ..................................................................................................................................... 6
RE-ENTRY AND RECIDIVISM.......................................................................................................... 7
PRISON EDUCATION ....................................................................................................................... 9
THE EFFECT OF PRISON EDUCATION ON RECIDIVISM ................................................................ 11
SUGGESTIONS ............................................................................................................................... 14
RESTORE FUNDING ...................................................................................................................... 15
INCREASE INMATE PARTICIPATION ............................................................................................. 19
MODIFY SOCIETY’S VIEW OF INCARCERATION ............................................................................... 21
CONCLUSION................................................................................................................................. 24
1
The good man is the man who, no matter how morally unworthy he
has been, is moving to become better.
- John Dewey
America is the land of second chance and when the gates of the
prison open, the path ahead should lead to a better life.
- President George W. Bush
INTRODUCTION
The prison population in the United States is expanding at a very rapid pace; it has
increased more than three-fold in the last few decades. An increasing prison population places a
very heavy financial burden on our Federal, State, and local governments. An important way to
ease this enormous burden is to reduce the number of people in prison. This can be
accomplished by reducing the number of recidivists. Recidivists are individuals who return to
prison or jail after having previously served time in such a facility. Unfortunately, a large
number of inmates fall into this category. Prisoners who participate in educational programs
while incarcerated are less likely to recidivate. Thus, prison education can help reduce our prison
population. Prison education works and, even better, it is also more cost-efficient than other
recidivism-reducing options. Despite a long history of success, our society seems to value
incapacitation more than rehabilitation. It makes no sense to overlook options that are beneficial
and successful. We need to restore and expand funding to prison educational programs,
encourage greater inmate participation, and come to the realization that some offenders can be
rehabilitated. I believe these measures would reduce the number of prisoners and, in turn, save
our Federal, State, and local tax payers millions of dollars every year.
The Prison Population Explosion and Recidivism
POPULATION GROWTH
2
In the United States, we incarcerate people in Federal, State, and local correctional
facilities. Each of these criminal correction systems is an enormous enterprise, and combined,
they are extraordinarily expensive to maintain. Over the last few decades, the U.S. has
experienced a substantial growth in the population of these Federal, State, and local prisons and
jails. We have also seen an increase in the number of individuals under correctional supervision
(probation and parole). Our country is now incarcerating more people per capita than any other
industrialized country in the world.1 In 2006, the U.S. incarceration rate reached 497 per 100,000
residents.2 The most recent survey conducted by the Federal government reveals that there are
now more than 2.2 million people in prison or jail.3 In addition, there are more than 5 million
people under correctional supervision.4 All in all, the lives of more than 7 million individuals (or
approximately 2.5% of the total U.S. population) are either fully or partially supervised by our
Federal, State, and local criminal correction systems.
The number of incarcerated and supervised individuals in the U.S. is alarmingly high.
More alarming is the trend of rapid growth for this group. This enormous growth has occurred
despite the fact that the current U.S. crime rate is at a forty year low.5 The total number of
incarcerated individuals is increasing because, every year, we are bringing more prisoners into
our prisons and jails than we are releasing. More people in means more people will eventually
come out. As a result, the number of individuals on parole has increased. Over the last several
1
James S. Vacca, Educated Prisoners Are Less Likely to Return to Prison, J. OF CORRECTIONAL EDUC. (Dec. 2004),
http://findarticles.com/p/articles/mi_qa4111/is_200412/ai_n9466371.
2
William J. Sabol and Paige M. Harrison, Bureau of Justice Statistics Bulletin, Prison and Jail Inmates at Midyear
2006 (June 2007) at 2, http://www.ojp.usdoj.gov/bjs/pub/pdf/pjim06.pdf.
3
Bureau of Justice Statistics, http://www.ojp.usdoj.gov/bjs/prisons.htm.
4
Bureau of Justice Statistics, http://www.ojp.usdoj.gov/bjs/glance/tables/corr2tab.htm.
3
decades, the number of people incarcerated or under correctional supervision has expanded each
and every year.6 In fact, is has nearly quadrupled since 1980. The number expanded from
around 1.8 million people in 1980 to more than 7 million in 2005.7
Source: Bureau of Justice Statistics, Key Crime & Justice Facts at a Glance,”
correctional population chart, http://www.ojp.usdoj.gov/bjs/glance/corr2.htm.
This amazing growth is projected to continue over the next few years. According to one
report, we can expect to see a 13% increase in our prison population by 2011 (triple the rate of
the expected growth in the general U.S. population).8 The prison population in the U.S. has
already reached an almost unmanageable level. Further growth in this population could be
devastating to our already stressed correctional systems.
5
The Sentencing Project, New Incarceration Figures: Thirty-Three Consecutive Years of Growth (Dec. 2006),
http://www.sentencingproject.org/Admin/Documents/publications/inc_newfigures.pdf.
6
Bureau of Justice Statistics, http://www.ojp.usdoj.gov/bjs/glance/tables/corr2tab.htm.
7
Id.
8
JFA Instititute, Public Safety, Public Spending, Forecasting America’s Prison Population 2007 – 2011 (June
2007), at 9, http://www.pewtrusts.org/uploadedFiles/wwwpewtrustsorg/Reports/Statebased_policy/PSPP_prison_projections_0207.pdf.
4
EXPENSE
The cost of incarcerating prisoners in the United States is expanding right along with the
incarceration rate. On average, the individual States spend about 10% of their annual generalfund budget on criminal corrections.9 Criminal corrections are one of the fastest growing budget
expenditures that State governments face today.10
The Federal, State, and local correctional systems have no choice but to spend the
incredibly large amount of money that is required to cope with the expanding prison population.
Early release is not a sensible option. We cannot simply free criminals because we have no
room, or because they cost too much. This leaves our correctional systems with little choice but
to find a place to house additional inmates, and find the money to pay for it. Accommodating a
large inmate population inevitably means spending a lot of money. This spending occurs in the
form of building new facilities, hiring employees to supervise the inmates, inmate health care,
inmate education, and other inmate programs.11
Each year, we are spending an increasing number of tax dollars on criminal corrections.
We have seen an unbelievable 600% increase in spending over the last 25 years. In 2005 alone,
the U.S. spent more than $200 billion dollars on Federal, State and local correctional facilities.12
The national average cost of keeping one inmate incarcerated for one year is approaching
9
National Conference of State Legislatures, State Funding for Corrections in FY 2006 and FY 2007,
http://www.ncsl.org/programs/fiscal/correx07.htm.
10
Id.
11
Justin Brooks, Addressing Recidivism: Legal Education in Correctional Settings, 44 RUTGERS L. REV. 699, 707
(1991-1992).
12
Bureau of Justice Statistics, http://www.ojp.usdoj.gov/bjs/glance/tables/expgovtab.htm.
5
$25,000.13 Consider that in contrast that with the mere $8,700 (average) we spend each year on
educating one K-12 student.14
Source: Bureau of Justice Statistics, Key Crime & Justice Facts at a Glance,
expenditure chart, http://www.ojp.usdoj.gov/bjs/glance/expgov.htm.
The $200 billion accounts for the costs of incarceration alone. It does not even begin to
touch upon the associated costs of prison-capacity expansion, law enforcement, courts, parole
and probation, social welfare systems, lost wages, or lost tax dollars. As you can see, the
criminal corrections system in America is indeed a very expensive endeavor.
CAPACITY
The inmate population explosion in the United States has put a lot of stress on our
Federal, State, and local correctional facilities. Many American prisons and jails are presently
operating well beyond their original intended capacity. According to the Federal government, the
13
Caroline Wolf Harlow, Bureau of Justice Statistics Special Report, Education and Correctional Populations (Jan.
2003, rev’d Apr. 2003), at 1, http://www.ojp.usdoj.gov/bjs/pub/pdf/ecp.pdf.
14
U.S. Census Bureau, Public Education Finances 2005, at xii, http://ftp2.census.gov/govs/school/05f33pub.pdf.
6
Federal prison system is currently operating at 34% over capacity.15 Prisons and jails that are
operating over capacity incur additional expenses. Much of this can be attributed to supervision
and the building of new facilities. It is not hard to imagine that the bigger the resident
population, the more difficult it becomes to control the inmates.16 Additional guards are needed
to ensure safety and order in the facility.
Also, when a correctional facility reaches its population capacity, steps must be taken to
either expand the facility, or find another place to keep the prisoners. Expansion is
understandably expensive. Unfortunately, the prison population growth has occurred at such a
rapid rate that, even though we are continually building new facilities, the expansion effort just is
not happening fast enough to keep up with the growth. When expansion is not possible,
correctional facilities end up paying in the form of reduced space for non-essential activities.
Many prisons and jails have been forced to convert areas once used for recreation, education, and
other inmate programs into crowded inmate dormitories.
RE-ENTRY AND RECIDIVISM
On top of the exploding population and exorbitant cost increases, the U.S. criminal
correction systems are faced with various re-entry and recidivism problems. Every year,
thousands of inmates are released from our jails and prisons. Recent calculations estimate that
we release more than 670,000 inmates from our Federal, State, and local correctional facilities
every year.17 Today, the Federal Bureau of Prisons (BOP) releases more prisoners in one year
15
Paige M. Harrison and Allen J. Beck, Bureau of Justice Statistics Bulletin, Prisoners in 2005 (Nov. 2006), at 8,
http://www.ojp.usdoj.gov/bjs/pub/pdf/p05.pdf.
16
Brooks, supra note 11, at 706.
17
The Sentencing Project, supra note 5.
7
than it held in the entire Federal prison system 20 years ago.18 There are more than 2.1 million
inmates in prison right now that will eventually be eligible for release. We want to lock
criminals away, but we seldom consider the financial impact, or the impact such action has on
society when the criminals are released.
Inadequate education together with a recent criminal record places limits on the job
opportunities that are available to individuals released from prison. American prisoners have
consistently tested at the lowest levels of educational achievement, and at the highest levels of
illiteracy and educational disability of any segment in our society.19 More than half of the adults
in American prisons have less than an 8th grade education, and cannot read or write effectively.20
In our current system, nearly all prisoners will come out of prison just as poorly educated as they
were when they went in.
This trend is even worse for the young black males in our jails and prisons. Today, more
than 1/2 of all black men without a high school diploma have prison records (compared to 10%
of white male drop-outs).21 In California, nearly all black males who did not graduate high
school have served time in prison.22 This is a trend that our society cannot afford to continue.
The Bureau of Justice Statistics has estimated that 29% of all black males born in 1991 will
18
Federal Bureau of Prisons, State of the Bureau 2005, at 2, http://bop.gov/news/PDFs/sob05.pdf.
Steven Klein et al., U.S. Dept. of Educ., Correctional Education: Assessing the Status of Prison Programs and
Information Needs (2004), at 25, http://www.mprinc.com/products_and_publications/pdf/corred_report.pdf.
20
Vacca, supra note 1.
21
Bruce Western et al., Justice Policy Institute, Education & Incarceration, Aug. 2003, at 10,
http://www.soros.org/initiatives/justice/articles_publications/publications/education_incarceration_20030828/Educat
ionIncarceration1.pdf.
22
Richard J. Coley & Paul E. Barton, Educational Testing Service, Locked Up and Locked Out: An Educational
Perspective on the U.S. Prison Population (Feb. 2006), at 29, http://www.ets.org/Media/Research/pdf/PICLOCKEDUP.pdf.
19
8
spend some time in prison.23 Statistical trends suggest that these percentages are increasing and
that 32% of all black males born in 2001 will serve some time in prison.24
Considering the vast number of inmates that do not possess the basic social and
educational skills that they need to function in free society, it should come as no surprise that
many of those released from prison or jail will eventually return.25 If they cannot find a job to
support themselves, it becomes much more likely that they will spend their time engaged in some
criminal enterprise that will eventually put them back inside. An astounding 2/3 of all inmates
released will eventually be re-arrested for a new crime, and many (estimated at 1/2) will be reincarcerated.26 This in-and-out-of-prison cycle is very costly to our government and to society as
a whole. There are programs that we can employ to alleviate some of the prison population
expansion. To ignore such programs is fiscally irresponsible. Prison education is such a
program, and it has proven itself time and again.
PRISON Education
Prison education has deep roots in the American correctional system. Inmate educational
programming has been a part our criminal corrections system for more than 200 years. The first
government-sponsored American prison was established in Philadelphia in 1791, and the first
educational program for inmates was added to this prison in 1798.27 The Congressional act that
created the BOP clearly states that the BOP will be responsible for the education of Federal
23
Western et al., supra note 21, at 8.
Jeffrey R. Kling, The Brookings Institution and National Bureau of Economic Research, Incarceration, Length,
Employment, and Earnings (Jan. 2006), at 1, http://www.nber.org/~kling/494.pdf.
25
Klein et al., supra note 19, at 18.
26
Federal Bureau of Prisons, supra note 18, at 8.
27
Coley & Barton, supra note 22, at 5.
24
9
prisoners.28 The BOP embraces this responsibility in their mission statement which says they
will “provide work and other opportunities to assist offenders in becoming law-abiding
citizens.”29 By the 1930s, the Federal prison system had made educational courses for all
illiterate prisoners mandatory.30
Today, Federal inmates who do not have a high school diploma or a General Education
Development (GED) certificate are required to participate in literacy programs until they obtain a
GED (or reach 240 hours of instruction).31 At least 26 states have also implemented some sort of
mandatory education program for inmates who did not complete high school.32 Other Federal
and State inmates may participate in a variety of programs (literacy, adult continuing education,
parenting, health and wellness, vocational programs, and some college). However, participation
and completion of these programs is entirely voluntary. 33 All in all, 100% of Federal
correctional facilities and about 91% of State facilities have some variety of educational
programming available.34
It is clear that educational programs in our prisons have a long history, but recent years
have seen a decrease in participation and funding for these programs. This decline couldn’t come
at a worse time for those facing imprisonment. Nearly half of our inmates have not graduated
high school, and only about 5% hold a college or advanced degree.35 About 2,000 inmates are
28
Federal Bureau of Prisons, supra note 18, at 8.
Id. at 5.
30
Brooks, supra note 11, at 711.
31
Federal Bureau of Prisons, http://www.bop.gov/inmate_programs/edu.jsp.
32
Kenneth W. Mentor, Corrections Education, http://kenmentor.com/papers/corrections_ed.htm.
33
Federal Bureau of Prisons, supra note 18, at 11.
34
Harlow, supra note 13, at 4.
35
Klein et al., supra note 19, at 6, 16.
29
10
released from prison every day, and half of them do not have the educational skills that they
needed to succeed in legitimate employment.
The key to success in free society for many these uneducated prisoners is education
within the prison. What better way to help prisoners re-enter society successfully and break the
in-and-out-of-jail cycle than to provide them with the skills that they need to succeed in the
outside world?
Prison education can provide a vital service for our prison population. These people need
help in attaining the competence that is necessary to succeed in life outside the prison walls.
Without this help, the likelihood of released prisoners making it in free society are not very high.
If the prisoner cannot make it legitimately on the outside, he will very likely return to a life of
crime. Correctional education programs have been a proven recidivism reducer. We cannot
disregard viable solutions to our increasing prison populations and overcrowded facilities.
Recidivism and the rising prison population are very expensive problems. Prison education can
help our governments save precious resources by reducing the problem.
The Effect of Prison Education on Recidivism
America’s criminal correctional facilities are overflowing with undereducated inmates.
The population of our prisons and jails is growing while our investment inmate education is
declining. Prison education programs work and they are cost efficient. Benefits that accrue with
the use of education programming in prisons more than make up for the cost of providing such
programs. Educational programs give the correctional system the opportunity to reduce crime
and save money at the same time. Even better, participants in prison education programs cause
11
far fewer disciplinary problems while they are incarcerated than non-participants.36 Prison
educational programs can also be a substantial benefit to the participating prisoner. Participants
are given free educational opportunities and the chance to have a productive and successful life
upon release.
Several studies have attempted to calculate the precise effect of prison education, but
have only agreed on one conclusion: education within the prison walls does reduce recidivism.
Lower recidivism means less crime, fewer inmates, and cost savings. The BOP has estimated
that an inmate who participates in GED programming while in prison is 16% less likely to
recidivate than an inmate who does not participate in any educational programming.37 The
success rate increases if the inmate participates in post-secondary programs such as vocational
training or college-level courses.38
The most cited study concerning the effect of prison education on recidivism rates found
that inmates participating in educational programming recidivated 29% less often than inmates
who did not participate.39 The estimate accounts for participation in all levels and types of
education within the prison. A 29% reduction is phenomenal and suggests we could avoid
overcrowded prisons, and spending a lot of money on building new facilities, with an effective
use of educational programming.
Prison education works efficiently at reducing recidivism and it works better than just
building new facilities (our choice method of reducing recidivism). Spending one million dollars
36
Kling, supra note 24, at 3.
Federal Bureau of Prisons, supra note 18, at 9.
38
Id.
39
Stephen J. Steurer & Linda G. Smith, Correctional Education Association, Education Reduces Crime: Three-State
Recidivism Study Executive Summary (Feb. 2003), at 5, http://www.ceanational.org/PDFs/EdReducesCrime.pdf.
37
12
on correctional education prevents approximately 400 crimes a year.40 Spending the same
amount on expanding prison capacity prevents fewer than 200 crimes a year.41 So while both
policies are effective recidivism reducers, education of inmates is twice as beneficial as just
building new prisons and jails.
Best of all, the investment in prison education can actually produce a substantial return.
Our Federal, State, and local correctional systems can save money by implementing educational
programming. Correctional education is one of the few ways our Federal and State governments
can invest money, and see a return on that investment.
We are spending nearly $25,000 to keep one inmate locked up for one year. Consider the
amount it costs to contain all 2.2 million. The prison system could save millions of dollars a year
with even a small drop in recidivism. Add in savings for victims, law enforcement, courts, and
correctional supervision, and the savings increase appreciably.42 It is estimated that every $1
spent on basic adult (GED) correctional education yields a benefit of $6.43 Investments in
vocational and college programming have been shown to yield even higher returns.44 We can
enjoy a long list of cost-reducing benefits, and the required taxpayer investment is relatively
minimal.
Prison education provides benefits to the correctional system, society as a whole and
perhaps most importantly, to the participating prisoner. Prison education is an enormous benefit
40
Coley & Barton, supra note 22, at 21.
Id.
42
Miles D. Harer, Federal Bureau of Prisons, Prison Education Program Participation and Recidivism: A Test of
the Normalization Hypothesis (May 1995), at 15,
http://www.bop.gov/news/research_projects/published_reports/recidivism/orepredprg.pdf.
43
Federal Bureau of Prisons, supra note 18, at 10.
44
Id.
41
13
to the participating offender. Our prisons and jails are filled with inmates who are members of
the most educationally disadvantaged segment of our society.45 Approximately 19% of all adult
inmates are absolutely illiterate and another 40% are functionally illiterate.46 Participating in
prison education programs offers these individuals a real chance of acquiring the skills needed to
lead a crime-free life after they are released. There are not many things a person can do while
incarcerated that will actually increase their legitimate job opportunities after release.47 Inmates
who have participated in correctional education have demonstrated the ability to find a job after
release, and even more important, the ability to keep it.48 Participating inmates have also shown
a reduction in incidence of recidivism, and higher earnings after release.49 If education increases
the amount of money an ex-offender can earn, committing additional crimes becomes relatively
more expensive.50 Raising earnings makes it more costly for the individual to spend time out of
the work force.51 All this means a huge societal benefit in the form of safety, as well as, a
lessened burden on the correctional and social welfare systems, and a larger income tax base.52
SUGGESTIONS
Some of the individuals residing in our nation’s correctional facilities are capable of
learning and benefiting from educational programs offered in prison. There is potential for these
45
Klein et al., supra note 19, at 1.
Cindy Hendricks et al., American Reading Forum, Literacy, Criminal Activity, and Recidivism (2001), at 2,
http://www.americanreadingforum.org/01_yearbook/pdf/12_Hendricks.pdf.
47
Mentor, supra note 32.
48
Id.
49
Klein et al., supra note 19, at 18.
50
Lance Lochner & Enrico Moretti, National Bureau of Economic Research, The Effect of Education on Crime:
Evidence From Prison Inmates, Arrests, and Self-Reports (Nov. 2001), at 1,
http://www.jcpr.org/wpfiles/lochner_moretti.pdf.
51
Lochner & Moretti, supra note 50, at 30.
52
Steurer & Smith, supra note 39, at 6.
46
14
inmates to be converted into legitimate, employable citizens. We must do something to help
those inmates that are capable of being rehabilitated. Participating in education programs while
incarcerated is one way to help inmates attain the skills that will be necessary in life as a
legitimate citizen as well as keep the inmate busy while serving time.
We simply do not have adequate resources to lock-up all criminal offenders and “throw
away the key”. Recidivism accounts for a large percentage of incarcerated persons and education
within our jails and prisons can be used to reduce this percentage as well as the overall
incarceration rate.
We have used rehabilitation programs in our correctional facilities for two centuries, but
recent years have seen a decline in the priority these programs are assigned. Restoring
educational programs is an important component in reducing crime. The primary need of
correctional education programming is funding. Over the last several years we have seen a
reduction in funding even as the number of persons incarcerated has risen. In addition to
funding, we need to promote policies that will encourage eligible inmates to participate in the
programs that are available. Lastly, if we want to reduce the number of people that are reincarcerated every year, we have to take some rehabilitation measures. Incapacitating the
criminal works, but it costs much more expensive than rehabilitation.
RESTORE FUNDING
As with many issues facing our society today, the problem with inadequate prison
education programs comes down to funding. There is simply not enough funding to establish
effective prison educational programming. Our attitude regarding prison as a place of
punishment, not rehabilitation, has placed prison education fairly low on the list of correctional
15
priorities. This low priority exists is spite of a consistently growing prison population and a
consistently growing need to prepare those prisoners for life outside the prison walls, and it has
led to a nationwide decline in prison education investment.53
We have seen a decline in government investment in correctional education in recent
years. This decline contrasts with a large and increasing amount of research that confirms prison
education and training programs are effective and do help cut recidivism rates.54
Between the 1970s and 1990s, total Federal, State, and local expenditures on criminal
corrections increased by nearly 950%.55 At the same time, Federal and State legislation has
resulted in significant cuts in correctional education funding.56 At least half of all states reduced
their prison educational spending during the 1990s.57 In 1994, the Federal government changed
the eligibility for Federal Pell Grants (federal grant money for post-secondary education) to
exclude prisoners.58 Prior to this decision, Pell Grants were the primary source of funding for
college programming in our correctional facilities.59 The availability of college courses has since
plummeted. In 1998, the Federal government modified a law requiring all states to spend no less
than 10% of their Adult Education grant money on state correctional education to no more than
10%.60 This act alone caused most states to drastically cut inmate education budgets and some
53
Coley & Barton, supra note 22, at 30.
Id. at 3.
55
Western et al., supra note 21, at 4.
56
Mentor, supra note 32.
57
Coley & Barton, supra note 22, at 16.
58
Charles B. A. Ubah & Robert L Robinson, A Grounded Look at the Debate Over Prison-Based Education:
Optimistic Theory versus Pessimistic Worldview, 83 THE PRISON JOURNAL 115, 122 (June 2003).
59
Ubah & Robinson, supra note 58, at 122.
60
Coley & Barton, supra note 22, at 17.
54
16
states were forced to eliminate some of their correctional education programs altogether.61
Prison education now accounts for an only about 1% of our Federal and State correctional
budgets.62
Our nation is faced with the unbelievable cost of incarcerating a huge and growing prison
population, yet we have taken measures to reduce programming that is proven to reduce
incarceration rates. Federal and State legislators and the general public are frequently unaware of
the potential savings, in terms of fiscal resources and public safety, which correctional education
can confer.63
Every year, millions of dollars are wasted by not utilizing educational programs. These
programs work and also have a net positive effect on the economy. The average incarceration
length is 2.4 years and costs about $25,000 per year.64 This means that the average incarceration
(exclusive of law enforcement, court and other costs) costs our correctional system about
$60,000. An investment of one million dollars in correctional education can prevent 26
incarcerations.65 Using the above average, 26 incarcerations would cost the correctional system
almost $1.6 million dollars.66 Since avoiding these incarcerations through correctional education
only costs one million dollars, our correctional system can gain a net savings of $600,000 in
future costs for every one million dollars it invests in correctional education today.67 However,
61
Ubah & Robinson, supra note 58, at 124.
Brooks, supra note 11, at 716.
63
Klein et al., supra note 19, at 1.
64
Audrey Bazos & Jessica Hausman, Correctional Education as a Crime Control Program (Mar. 2004), at 10,
http://www.ceanational.org/PDFs/ed-as-crime-control.pdf.
65
Id.
66
Id.
67
Bazos & Hausman, supra note 64, at 10.
62
17
the correctional system will not save this money if they do not make the investment in
correctional education. To the contrary, the prisoners will just keep coming back.68
We have seen that investment in correctional education can produce a net savings.
However, we have yet to see how education within the prison compares to the modern choicemethod of reducing recidivism: incapacitation. It is undoubtedly true that when you lock
criminals up they cannot commit crimes. It is therefore undeniable that expanding our jail and
prison capacity reduces the incidence of recidivism. But what is the cost of this policy? As it
turns out, incapacitation is quite expensive. As stated earlier, one millions dollars spent on
correctional education prevents approximately 400 crimes a year while that same money invested
in incarceration prevents only about 200 crimes. Correctional education as a crime control policy
is almost twice as cost effective as incarceration. On a per crime basis, the cost per crime
prevented by correctional education is about $1,600 while the cost per crime prevented through
incarceration is about $2,800.69 Correctional education prevents twice as many crimes and costs
half as much as incapacitation. Nevertheless, our society is focused on the latter and
consequently, we are wasting a lot of money.
Cutting funding for prison education programs is economically a bad decision.
Correctional education programs prevent more crimes than increasing incapacitation alone and
these programs cost far less. Prison educational programs reduce recidivism and they do so in a
cost-efficient manner. Our correctional systems need to take advantage of this unique
opportunity. To ensure the success of educational programs, we need to increase funding.
68
69
Bazos & Hausman, supra note 64, at 10.
Id. at 8.
18
Increased funding is the only way to ensure inmates are getting consistent access to quality
educational programs.
INCREASE INMATE PARTICIPATION
There are many advantages and incentives for inmates participating in mandatory and
non-mandatory correctional education. They can earn increased visitation, accumulate “good
time” that could lead to earlier parole, and become employed in higher paying jobs upon
release.70 Despite these numerous advantages, many prisoners simply do not participate in the
available programs. Although nearly all correctional facilities offer some sort of educational
opportunity, only a minority of those eligible actually participate in these programs, and that
minority is getting smaller. The participation rate is now at roughly 35% of all eligible inmates.71
Another 17% of Federal inmates participate in work programs.72 If only half of all prisoners are
participating in some prison-sponsored program, we have over one million people with nothing
to do. Idle inmates gain no beneficial skills. If more inmates were occupied in prison-sponsored
programming, there would be obviously fewer idle inmates causing disruption and disorder.
Also, more participation means more inmates being taught some useful educational and social
skills and therefore gaining something useful to society.73 Too often, inmates leave prison
having learned nothing more than how to be a better criminal.74
Investing in prison education is a significant expense. If we are to realize the full benefit
of our investment we must take steps to increase the rate at which inmates are participating.
70
Mentor, supra note 32.
Federal Bureau of Prisons, supra note 18, at 9.
72
Federal Bureau of Prisons, http://www.bop.gov/inmate_programs/work_prgms.jsp.
73
Bazos & Hausman, supra note 64, at 277.
74
Id.
71
19
There are several reasons why inmates choose not to participate in available educational
programs. The programs often lack consistency in quality, and availability of the programs is
never adequate.75 Many inmates, who are imprisoned for relatively short periods of time, and
those who are transferred between facilities due to overcrowding, often do not have enough time
to complete programs. Also, prison-life isn’t exactly a learning-friendly environment; many
inmates are more concerned with their bodily integrity than they are with attending classes.
However, the primary reason participation wanes is the lack of adequate resources. The
availability of programs is seldom sufficient to meet inmate demand. Most individuals who
would like to participate are put on waiting lists until an opening occurs.76 Lack of adequate
resources (and overcrowding) limits the amount of space available for instruction. Lack of
resources also limits the number and quality of educators employed in prison education.
Participation would increase if we could make consistent, quality programs available to all
inmates who are eligible to participate. The population of our correctional facilities has grown,
but the number of educators and educational programs has been reduced. Logically, providing
the opportunity for more eligible inmates to participate would increase the participation rate.
In addition to more programs, we need to improve the overall quality of correctional
educators and educational resources available to the correctional education system. High quality
educational programming will attract inmates who are serious about taking advantage of
educational opportunities or furthering their education. It would also be advantageous to
encourage inmates to begin participation very early in their sentence. Prisoners who have to wait
75
76
Brooks, supra note 11, at 716.
Klein et al., supra note 19, at 10.
20
until they are well into their sentence have built up too many other prison-life concerns. These
individuals may not give educational programs their full attention and effort and may not have
time to complete the programs. Hence, the programs would not be as beneficial. Prisoners who
start educational programs near the beginning of their prison term more likely to complete the
program and are also more likely to seek further educational opportunities while incarcerated.
The more education the prisoner receives while he is incarcerated, the less likely it is that he will
become incarcerated again in the future.
Perhaps the best way to encourage inmate participation in educational programming is to
provide the inmate with some practical incentives. As mentioned above, many jurisdictions are
already offering incentives such as increased visitation while incarcerated and early parole. We
should expand this type of incentive and incorporate it into our sentencing procedure for firsttime inmates (particularly juveniles). Allowing these individuals to take time off of their
sentence could be hugely motivational. In addition, these are the individuals that are the most
likely to be receptive to rehabilitation efforts. These policy decisions could lead to greater
inmate participation in educational programming. Greater participation could mean that
education would provide our society with even more benefits than we have experienced thus far.
We are at a time where our society needs to spread educational opportunities, especially
for our least educated members. After all, these individuals could be our neighbors and coworkers in the future.
MODIFY SOCIETY’S VIEW OF INCARCERATION
Several rationales have been given for the sizeable inmate population increase, and most
analysts agree that much of the increase can be attributed to contemporary attitudes towards
21
incarceration. Traditionally, incarceration was seen as an opportunity to rehabilitate to offending
individual. Modern society, however, has shifted from viewing incarceration as an opportunity
to rehabilitate prisoners and make them productive community members to an opportunity to
punish criminals and seek retribution for the crimes that they committed. This modern “tough on
crime” attitude is reflected in several changes that were made to Federal (and several States)
criminal sentencing procedures in the early 1990s. The acts include sentencing guidelines that
have imposed some near-mandatory prison terms and lengthened the terms for many other
crimes, “three-strikes” legislation that impose a very long or life sentence for “career criminals,”
and truth-in-sentencing laws that require inmates to complete a large portion of their sentence
before becoming eligible for parole.77 As a result, the population of our Federal, State, and local
prisons and jails is increasing even though the actual number of crimes committed in the U.S. has
been decreasing.
Those who are comforted by the number of criminals flowing into our jails and prisons
tend to forget that those who go in will most likely be coming out in the future.78 These
criminals are going to be released regardless of whether or not they are ready to return to society
and function as law-abiding citizens. With the increased number of inmates crowding into our
jails and prisons, it is imperative for the public to reconsider its view concerning the purpose of
incarceration.79
Rehabilitation once enjoyed a more prominent position in our Federal and State criminal
correctional systems. However, the past two decades have seen as much greater emphasis placed
77
78
Klein et al., supra note 19, at 4.
Coley & Barton, supra note 22, at 30.
22
incarceration and punishment with very little commitment to rehabilitation.80 The result of this
shifting emphasis is the unprecedented growth in the size of our nation’s prison and jail
populations, even as crime rates have decreased. The focus on punishment as the primary
objective of corrections, combined with our negative attitude towards ex-inmates, has created a
large population of un-rehabilitated ex-inmates who will be returning to the streets not to become
legitimate citizens, but to commit more crimes.81 The general public has supported
incapacitation and retribution without even thinking that most inmates will eventually re-enter
the community and will bring with them the problems that being an ex-inmate fosters – antisocial
behavior, anger, diminished job prospects, and weak family ties.82
There are more efficient ways to reduce crime than incapacitation alone. The most recent
studies have found that a certain segment of our prison population can in fact be rehabilitated
(keep in mind that not all inmates are capable of being rehabilitated). Accordingly, there is hope
for some of our nation’s inmates. For these prisoners, it is essential that we revise our “tough on
crime” views. We need to integrate incapacitation and rehabilitation. We can be tough on crime
and still help those offenders that are capable of being rehabilitated avoid prison in the future.
Rehabilitating all inmates that are receptive to the practice will save our Federal, State, and local
correctional systems millions of tax dollars every year. The cost of incarceration is already
astonishing. We clearly do not have the resources to lock all of our inmates up for the rest of
79
Steurer & Smith, supra note 39, at 5.
Id.
81
Brooks, supra note 11, at 704.
82
Id. at 715.
80
23
their lives. For that reason, we have to address recidivism by bringing rehabilitation back into
focus.83
Conclusion
Criminal acts in our country are most often executed by the poor, under-educated and
disenfranchised members of our society.84 Many of these offenders have not achieved the
educational level that is necessary to adequately support themselves and their families. Without
an education, these individuals are statistically likely to end up behind bars. Even worse, when
the convict goes into prison undereducated, he usually leaves prison in the same state. Once a
criminal record, poor education, little legitimate work experience and the negative social
implication of a prison record are all accounted for, the enormous barrier which ex-offenders
must overcome to succeed in free society becomes obvious.85 Prison educational programs are a
bridge that can help inmates move from incarceration into the real world.86 Without help, exinmates will very likely end up back in prison soon after they are released. Our criminal
corrections system should try to find a way to break this cycle.
Correctional education programs have been used in this country since prisons were first
established. In recent years however, the education of inmates has lost some of its prior status.
Current views concerning the purpose of incarceration, namely incapacitation, have increased our
Federal and State prison populations to all-time highs. Tight budgets and society’s view towards
incapacitation have also brought about the down-grading, and sometimes elimination, of many
prison education programs. It is vital to make society realize that incapacitation alone is not
83
Brooks, supra note 11, at 740.
Ubah & Robinson, supra note 58, at 118.
85
Hendricks et al., supra note 46, at 11, 12.
84
24
enough. We need to combine incapacitation with rehabilitation for those inmates that are
capable of change. As our economy shifts from manufacturing-based to more technological and
service based industries, it is imperative that we do all that is possible to keep inmates in the
loop. These individuals are already the least educated members of our society. Without some
educational opportunities, they will soon be completely unemployable.
To keep up with the educational needs of our nation’s prisoners we must increase funding
for prison educational programming. We need more funds to increase the quality, number, and
availability of prison education programs. Funding these programs is money well spent as
correctional education reduces twice as much crime and costs half as much as incapacitation.
In addition to funding, we need to implement correctional policies that will encourage
inmate participation. Incentive policies should be designed to motivate greater inmate
participation because ultimately, all the quality education in the world us useless if no one takes
advantage of it.
Criminal corrections cost our country several billion dollars every year at a time when we
are already confronted with huge budget shortfalls. Every dollar we spend on criminal
corrections is a dollar that we do not have for national defense, health care, and the education of
American children. We have to take measures to save money, but cutting prison educational
programming is not the answer. This type of programming saves money and reduces crime.
In spite of its many advantages, education cannot be looked to as a remedy for the entire
recidivism problem. Some criminals are going to continue in their life of crime no matter what
86
Ubah & Robinson, supra note 58, at 119.
25
education they receive in prison. Nonetheless, these programs should not be overlooked as they
are one of the important tools that can be utilized to reduce recidivism.
26