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. 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 2.3 million people incarcerated in America (in jail or prison). This translates to 1 adult in 110 being behind bars in the U.S. International Imprisonment Rates/100,000 United States – 698 Rwanda - 492 Russia – 470 Brazil - 274 Mexico – 211 Turkey - 198 England/Wales – 148 Australia - 151 Malaysia - 133 Canada – 106 Italy - 100 Austria - 98 South Korea – 97 Switzerland – 87 Denmark - 73 Finland – 58 Japan - 49 The world average is roughly 160 to 170 Problems with the overuse of incarceration Expensive ($80 billion/year) Biased/discriminatory Unconstitutional conditions of confinement Overcrowding logistics Aggravates the crime problem Short term (tipping point theory) Long term Incarceration Options State Prisons: roughly 1,725 state prisons roughly 1.4 million inmates Federal Prisons: 102 federal prisons 54 military prisons roughly 215,000 inmates Private Prisons: roughly 100 private prisons 135,000 inmates (8.5% of the inmate population) Prison Demographics 111,000 females in prisons (7% of the inmate pop.) Racial demographics of all prison inmates White: 34% Black: 39% Hispanic: 21% Other: 6% Incarceration options…continued City/County Jails: 3,300 jails 745,000 inmates on any given day 12 million formal jail admits/year 11 day average stay costs $150/day to house an inmate in jail Juvenile Training Schools: 2,260 facilities roughly 54,000 youth are housed in juvenile facilities roughly 10,000 youth are housed in adult facilities Mental health facilities Incarceration Rate/100,000 Prison incarceration rate – 478 Combined prison and jail incarceration rate – 698 (2.3 million behind bars on any given day) American has 4.5% of the world’s population, and 25% of the world’s incarcerated population 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 3.9 million people are currently on probation Different levels of supervision and monitoring methodology: Regular Intensive Electronic Home detention Halfway house confinement 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 857,000 people are currently on parole Different levels of supervision and monitoring methodology: Regular Intensive Electronic Home detention Halfway house confinement 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) Scope of the Corrections Industry At present, just under 7 million adults are either in prison, jail, on probation, or on parole. That translates to one adult in 35, or roughly 3% of the American adult population currently under some form of correctional supervision. Alternative Sanctions…continued 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 Fine schedule/waiverable offense schedule (citations) Prison/jail furlough Other Sanctions Shaming: Car bumper Newspaper article Sign on front door Corporal punishment: Chemical/physical castration Whipped Dismembered Capital punishment 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 Future of Incarceration Build more prisons/continue mass incarceration Tear down the prisons that exist Build no more prisons: Divert to community based alternatives Selective incapacitation Shorter sentences Less intrusive classification Future of Incarceration…continued Build humane facilities: Smaller prisons Inmate/guard interaction Divert to community based alternatives Selective incapacitation Shorter sentences Less intrusive classification 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? 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? 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 Philosophy of Punishment…continued Individually oriented treatment philosophy (future tense orientation): Medical rehabilitation Mental rehabilitation Societal reintegration 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? 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? Recidivism 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 Recidivism…continued Level of intrusion Arrested Convicted Sanction Prison (max, med, min) Jail Probation Parole revolked Halfway house Other community-based options 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/reconvicted/re-imprisoned, we want them to successfully re-enter society as contributing members, and we should measure this according 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 sociopsychological 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) 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 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 Further in the system, the fewer rights available 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 Micro – Macro De Jure – De Facto Legal Reentry 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 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 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.) 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 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 Reentry Challenges 1. 2. 3. 4. 5. 6. 7. 8. 8. 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 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 Reentry 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. Reentry 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. 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) Singapore Yellow Ribbon Program Goals Create awareness of giving a second chance to exoffenders. Generate acceptance of ex-offenders and their families into the community. Inspire community action to support the rehabilitation and reintegration of ex-offenders. 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 exoffenders. 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. 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) 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 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 Parole Reforms Expand pre-parole furlough programs Grant parole earlier Volunteers in parole Eliminate the technical violations Mandatory residential reentry center participation (halfway-out houses) Reduce parole officer caseload size: Social service focused officer to some Custody oriented officer to others (intensive/electronic) Probation Reforms Increase the use of probation (vs. prison) Great use of volunteers Reduce PO caseload size: Social service focused officer to some Custody oriented officer to others (intensive/electronic) Reduce supervision of low-risk offenders 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 Greater Use of Community-Based Options …continued 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 Bio-Criminology Options Crime can be reduced by: 1. Balancing out the hormones and enzymes produced by the body (serotonin, dopamine, melatonin, testosterone, estrogen, MAOA, CSF/serum albumin, phenethylamine/MAO-B, oxytocin). 2. Removing the excessive caustic externally absorbed components (lead, mercury, cadmium, PCBs, manganese, nicotine in the prenatal period). 3. 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). Bio-Criminology Options…continued 4. 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. 5. Being alert to/compensating for insufficient brain development/brain abnormalities. 6. 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. 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 prisons Shorter sentences Minimized classification Greater use of alternative sanctions Minimize the ex-con stigma/ostracizing Legally Socially Footnote Points and Concluding Comments Problems: We have surplus laborers with limited legitimate market skills, limited academic skills, poor health, insufficient housing situations; the underclass. They gravitate, as likely did their parents, to the illegitimate markets as they have no chance of functioning within the legitimate markets (anomie). They inevitably get caught by justice officials and are thrust into the downward spiraling justice vortex. Justice system processing accentuates the situation, pushing folks into the justice vortex where the negative forces and factors in their lives become even further compounded/aggravated and problematic; few are ever able to escape. Footnote Points and Concluding Comments Solutions: Provide middle class economic opportunities as the base (nutrition and disease analogy). There is more to solving the crime problem than aggregate gainful employment (need to utilize other crime preventative and curative options), but that is where you start because gainful employment reduces the aggregate crime vulnerability/susceptibility factor, and then you build on that base from person to person as unique individual situations present themselves. If a gainful employment base is not in place, there is virtually no chance for longitudinal rehabilitative success. Singapore’s Yellow Ribbon Project http://www.yellowribbon.org.sg/