U.S. CRIMINAL JUSTICE REFORM / IS REHABILITATION A MYTH?

[HairOfTheDog]

A new recidivism report was released by the Bureau of Justice Statistics.

The US incarcerates a higher percentage of its population than any other developed country. It's very disappointing to see how many released prisoners in the US continue committing crimes and getting re-arrested.

Nearly 70,000 prisoners from 30 states were tracked from the time they were released in 2005 until 2010.

These are the report highlights:

Total Recidivism at 3 Years and 5 Years
=About two-thirds (67.8%) of released prisoners were arrested for a new crime within 3 years, and three-quarters (76.6%) were arrested within 5 years.

Recidivism by Offense Type
=Within 5 years of release, 82.1% of property offenders were arrested for a new crime, compared to 76.9% of drug offenders, 73.6% of public order offenders, and 71.3% of violent offenders.

Recidivism Rates at 6 Months, 1 Year, 5 Years
=More than a third (36.8%) of all prisoners who were arrested within 5 years of release were arrested within the first 6 months after release, with more than half (56.7%) arrested by the end of the first year.

=Two in five (42.3%) released prisoners were either not arrested or arrested once in the 5 years after their release.

Re-offenders Portion of Total Arrests in 5 Year Period
= A sixth (16.1%) of released prisoners were responsible for almost half (48.4%) of the nearly 1.2 million arrests that occurred in the 5-year follow-up period. (HOTD: this stat surprised me.)

Cross-State Recidivism
= An estimated 10.9% of released prisoners were arrested in a state other than the one that released them during the 5-year follow-up period

Recidivism by Age
= Within 5 years of release, 84.1% of inmates who were age 24 or younger at release were arrested, compared to 78.6% of inmates ages 25 to 39 and 69.2% of those age 40 or older.

Source: http://www.bjs.gov/index.cfm?ty=pbdetail&iid=4986

I read the report and didn't see anything to indicate what portion of the sample prisoners had been released from correctional facilities with formal rehabilitation programs.

The questions that I ask myself (and wonder what others think):
1. Is it impossible to rehabilitate most criminals through incarceration as punishment?
2. Do these research results indicate that correctional facilities aren't putting forth enough efforts to rehabilitate (or not effective enough efforts)? If so, is money a motive?
3. Is the very high recidivism rate a combination of both 1 and 2 above?

[BlueTiki]

Great questions.

Here's one I have:

Is prison too "easy" and thus, NOT an effective means to eliminate recidivism?

[HairOfTheDog]

That is a good question.

I often wonder how many re-offenders get busted on purpose because they're "institutionalized" or just find life is easier when you don't have to work (via legal employment or criminal enterprise) for your food, shelter, medication and clothing.

Every now and again, I'll see a crime story where the re-offender admits as much (typically mentally ill), but I suspect it's not all that uncommon even though the offenders don't admit to that motivation, or maybe aren't conscious of it.

My suspicion is based on nothing solid -- just gut feeling.

[Duchess]

It's my opinion offenders are put behind bars to serve their time and that's the extent of it. Very few view it as a wake-up call to get their act together, some learn a trade or get an education, but for the most part I think the education they get is nothing more than learning how to be a better criminal in order to avoid arrest and doing time again.

I don't really know anything about prison other than what I see on tv and I would quickly cross the street in order to avoid coming face to face with any of those scary fuckers. I think many of them build a life for themself behind bars much like I imagine Jodi doing. They have a roof over their head and food which is probably more than they would have on the street.

[Maggot]

Bring back chain gangs! Plenty of potholes to fix.

[Duchess]

We don't have chain gangs here but there are big, orange school school buses that I often see parked alongside the road and the convicts are picking up trash wearing their bright orange dept of correction jumpsuits.

[crash]

Great questions.

Here's one I have:

Is prison too "easy" and thus, NOT an effective means to eliminate recidivism?

When I read the OP, that was the first thought that came into my mind. The provisions inside are better than out. Prisons are filled with people they understand. It's like being put in the gang clubhouse for five. It's just easier. They don't have to work to conform.

Generalist comments, I know, but..

[cladking]

I don't think the biggest problem is that the prisons are too comfortable but that most prisoners are underpunished. They commit horrendous crimes and are plea bargained down to a couple years so they figure anything's OK. It doesn't help that the schools have failed and we've jumped the shark.

When people have no hope and find the criminal justice system a joke they have less incentive to even try to follow the rules. We're turning out a lot of mean people.

[BlueTiki]

I don't think the biggest problem is that the prisons are too comfortable but that most prisoners are underpunished. They commit horrendous crimes and are plea bargained down to a couple years so they figure anything's OK. It doesn't help that the schools have failed and we've jumped the shark.

When people have no hope and find the criminal justice system a joke they have less incentive to even try to follow the rules. We're turning out a lot of mean people.

Love it!

You'd get my vote for National Warden or Attorney General.

[HairOfTheDog]

Today, U.S. Attorney General Loretta Lynch announced some of her plans for reforming the U.S. Criminal Justice System.

I agree with her that there are too many US citizens incarcerated for non-violent offenses in the U.S. 1 in 3 adults in the US has an arrest record -- the highest ratio in the world.

It's always bothered me that so many US citizens are incarcerated for long periods for non-trafficking drug offenses (that's been changing for the better over the last year with changes in the law, though).

And, I know that it's a challenge for people with any type of arrest record to obtain employment; I know that based on my own hiring requirements and those of other business owners I've worked with and for.

So, I generally agree with Lynch that rehabilitation efforts need to be increased and more opportunities for ex-cons should be available (except when it comes to murderers and child molesters; they should be kept inside for life, IMO), though I'd like to see more details and costs associated with the reforms she's planning.

[HairOfTheDog]

Below is a large excerpt from today's announcement by Loretta Lynch, referenced in the post above.



Each year, more than 600,000 individuals are released from state and federal prisons, and over 11 million cycle through local jails. In addition, a broader population -- approximately one in three U.S. adults -- has an arrest record, mostly for relatively minor, non-violent offenses, and sometimes as a result of crimes committed decades in the past. The long-term -- sometimes lifetime -- impact of a criminal record will keep many of these people from obtaining employment, accessing housing, higher education, loans, and credit -- even if they have paid their debt to society, turned their lives around, and demonstrated that they are unlikely to reoffend. At the same time, research sponsored by the National Institute of Justice (NIJ) shows that individuals who stay out of trouble for just a few years after an arrest are largely indistinguishable from the general population in terms of their likelihood of committing a crime. Further, participation in pro-social behaviors like employment, education and civic engagement -- the very things that people with criminal records are often barred from participating in -- actually reduce recidivism.

As a lifelong prosecutor, I know understand how important it is to aggressively prosecute criminal behavior as a means of keeping our communities safe. But I also recognize that prosecution is only one aspect of a comprehensive justice system -- particularly when nearly every person behind bars will one day come home. In order to truly make our communities safer, we must make sure that people who have served their time are able to fully and productively engage in our society -- whether through education or employment or some other constructive means.

Listening to my colleagues on the Reentry Council discuss their commitment to this mission and their dedication to this cause makes me confident that we will continue to make progress. For example, Labor Secretary Tom Perez briefed the Reentry Council on DOL's new Linking Employment Activities Pre-release (LEAP) grants, which support the development and implementation of specialized American Job Centers inside the correctional facility that directly connect local inmates to the full-service AJC within their community. Providing incarcerated individuals with a range of workforce services while they transition out of local correctional facilities better prepares them to reenter the workforce and improves their opportunities for finding suitable employment immediately upon release.

Although the path ahead of us is far from easy, there is momentum -- across federal agencies, across political parties, and across the United States -- to reform our criminal justice system and give people a legitimate chance to earn their way back and lead law-abiding lives. Working with my colleagues, I look forward to continuing the good work of the Reentry Council and taking concrete steps to achieve the president's vision for meaningful criminal justice reform.

Full announcement: http://www.huffingtonpost.com/loretta-ly...05620.html

[Maggot]

In America we let out the violent ones and keep the non-violent ones locked up.

[HairOfTheDog]

Reducing Mass Incarceration in the U.S.

These non-violent sentencing reforms are long overdue. I'm very happy to see them being implemented and applied retroactively.

Story:
The more than 5,500 inmates set to go free in November are among the first of what could eventually be tens of thousands eligible for release. The U.S. Sentencing Commission voted last year to retroactively apply substantially lower recommended sentences for those convicted of non-trafficking drug-related felonies.

The commission, an independent panel that sets federal sentencing policy, estimated prison terms would be cut by an average of 25 months.

Under the program, a judge reviews each prisoner's case to decide if his or her release would jeopardize public safety. Most of those eligible for consideration have already served 10 years or more.

The Justice Department estimates that roughly 40,000 prisoners could benefit from the program in the coming years.

The changes are part of a national bipartisan effort to rethink decades-long sentences for drug offenders, who make up roughly half of the federal prison population. Reform advocates have long criticized sentencing disparities rooted in 1980s War on Drugs legislation that targeted crack cocaine.

The Justice Department issued new clemency criteria last year designed to encourage thousands of additional inmates to seek an early release. Two years ago, then-Attorney General Eric Holder directed federal prosecutors to avoid seeking mandatory minimum sentences -- which limit the discretion of judges to impose shorter sentences -- for nonviolent drug offenders.

Though sentencing guidelines are advisory rather than mandatory, judges still rely heavily on them in deciding on prison sentences. The guidelines recommend sentences that factor in the types and quantities of the drugs. The commission in April voted to lower recommended sentences across all types of drug offenses -- meaning, for instance, that a cocaine package of a given size would now be linked to a shorter range of punishment than before.

http://www.cbsnews.com/news/thousands-of...y-release/

[HairOfTheDog]

Hopefully, this chart will look different a decade from now.



The current focus on decriminalization of minor offenses, sentencing reforms, and improved rehabilitation programs is encouraging.

[Maggot]

I wonder how the Russians rehabilitate their prisoners?

It's a long read but it explains some of the Russian motives.
Most eventually end up dead.

prison life

[HairOfTheDog]

ENDING MASS INCARCERATION / PRISONERS RELEASED TO SOCIETY TODAY

Some in law enforcement are worried about public safety; others say, "it's about damned time".

How many people are we talking about?
About 6,100 prisoners total — mostly Hispanic and African-American men incarcerated for drug trafficking crimes.

Why are they getting out?
Last year the U.S. sentencing commission, which sets guidelines for federal crimes, decided to cut suggested prison terms for those who commit drug trafficking crimes and apply those changes retroactively for people who were already incarcerated.

An inmate who was eligible had to apply for early release and have a judge review the case, make a determination about public safety and sign off on reducing the sentence. Judges shaved off an average of two years from their sentences.

Will they all be released straight from prison?
No. About 4,300 of the total (6,100) are being released from prison, from halfway houses or from home confinement. Of those 4,300, about 80 percent have been living in halfway houses or home confinement for the past few months, to ease their transition back into the community — so they will not go straight from prison to freedom.

Where will they be going back to? What supervision or support will they receive?
The largest numbers are from Texas, Florida, California, North Carolina and Illinois.

The U.S. Probation Office will be watching these prisoners for a specific amount of time, and has been preparing for more than a year. Officials say they have beefed up hiring of probation officers — devoting resources to prisoners who pose the biggest risk — and started working with them a while ago.

What about the rest of the 6,100?
About 1,700 of the inmates are undocumented immigrants, and they will not be released from federal custody. These people will be transferred to Immigration and Customs Enforcement, which will begin deportation proceedings against many of them.

Is there any concern these prisoners could end up committing crimes after being released?
Justice officials say that is always a concern. But, they say, the great majority of these prisoners would be getting out at some point regardless; the issue is whether it's now or in two or three or four years. That said, they say they are going to be watching closely.

Ref: http://www.npr.org/sections/thetwo-way/2...te-release

[Adub]

Probation/parole doesn't work. The convicted need to serve their time and come out clean. No probation, no parole, just a criminal record. Violating probation has become a joke, and an impossible feat to overcome. Fuck that, is what usually happens.

Where will they be going back to? What supervision or support will they receive?
The largest numbers are from Texas, Florida, California, North Carolina and Illinois.

The U.S. Probation Office will be watching these prisoners for a specific amount of time, and has been preparing for more than a year. Officials say they have beefed up hiring of probation officers — devoting resources to prisoners who pose the biggest risk — and started working with them a while ago.

[HairOfTheDog]

Is it just the retroactive application of the new sentencing guidelines that you object to, Adub, or do you object to reduced sentences for non-violent criminals in general?

[Adub]

Is it just the retroactive application of the new sentencing guidelines that you object to, Adub, or do you object to reduced sentences for non-violent criminals in general?

All that is good, it is just that in reality it is probation and parole that keeps these released individuals down. It is annoying as all fuck. It is like being a juvenile all over again. Most do not vop for adult crimes, but for stupid ass things like curfew, being in the presence of another felon, not having a permanent address, being a passenger in a vehicle with expired tags, and having marijuana in there random piss test. Stupid shit that would not be a crime, if it wasn't for being on parole/probation. Does very little to help build up, it simply tears down.

[sally]

I agree with that. I don't know what percentage of non-violent criminals violate their probation over petty shit, but I'm sure it's high.

IMO strict probation or parole should be for the more serious criminals like the convicted child molesters who they insist on releasing time and time again.