CorrectionsPrisons 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 2.5 million people incarcerated in America.

This translates to 1 adult in 99 being behind bars in the U.S.

International Imprisonment Rates/100,000United States – 750Russia – 613Poland – 224Mexico – 209Turkey - 161England/Wales – 153 The world average isHungary – 152 roughly 160 to 170Malaysia - 141Portugal – 120Canada – 116Austria - 99South Korea - 97Bolivia – 83Finland – 67Denmark – 66 Japan - 63

Problems with the overuse of incarcerationExpensive

Biased/discriminatory

Unconstitutional conditions of confinement

Overcrowding logistics

Aggravates the crime problemShort term (tipping point theory)Long term

Incarceration OptionsState Prisons:

roughly 1,350 state prisons1.4 million inmates

Federal Prisons:84 federal prisons59 military prisons216,000 inmates

Private Prisons:270 private prisons130,000 inmates (8% of the inmate population)

Prison Demographics104,000 females in prisons (13.5: 1 ratio,

male to female)Racial demographics of all prison inmates

White: 34%Black: 38%Hispanic: 21%Other: 7%

Incarceration Rate/100,000

Overall: Prison incarceration rate – 492 Prison and Jail incarceration rate -

750

White Black Hispanic

Overall

Male 478 3,023 1,238 932

Female 51 129 71 65

Incarceration options…continuedCity/County Jails:

750,000 inmates on any given day13 million formal jail admits/year11 day average stay$136/day

Juvenile Training Schools:1,200 state facilities1,850 private facilities80,000 youth are housed in juvenile facilities10,000 youth are housed in adult facilities

Mental health facilities

ProbationCourt administered program, in lieu of

incarcerationBehavioral contract, the violation of which could

result in probation being revoked and a prison/jail sentence imposed

4.2 million people are currently on probationDifferent levels of supervision and monitoring

methodology:RegularIntensiveElectronicHome detentionHalfway house confinement

ParolePost prison release mechanismGenerally administered by the Executive BranchBehavioral contract, the violation of which could

result in parole being revoked and being returned to prison

820,000 people are currently on paroleDifferent levels of supervision and monitoring

methodology:RegularIntensiveElectronicHome detentionHalfway house confinement

ParoleParole release decisions are irregularly applied.

Several factors do weigh in, including:Institutional behaviorCrime severityCriminal historyLength of incarceration (usually not eligible until

1/3 of the maximum sentence has been served)Mental state/Mental illness concernsVictim inputReintegration factors (place to live, family

situation, employment opportunities)

Alternative Sanctions…continuedCommunity-based options:

Pretrial release/pretrial diversionStreet diversion (via problem solving policing)Halfway housesRestitution/community service sentencesDrug/alcohol treatment diversionMental health diversionMisc. therapy and counseling programsFamily relations and life skills classesEducational and voc training and assistance programsEmployment preparation and expectation coursesEmployment assistance programsIntermittent incarcerationFine schedule/waiverable offense schedule (citations)Prison/jail furlough

Other SanctionsShaming:

Car bumperNewspaper articleSign on front door

Corporal punishment:Chemical/physical castrationWhippedDismembered

Capital punishment

Does Anything Work?Rehabilitating and reintegrating

Reduce crime via incapacitation:Short termLong term

Reduce crime via general deterrence

Reduce crime via specific deterrence

Fiscally responsible

Future of IncarcerationBuild more prisons/continue mass

incarceration

Tear down the prisons that exist

Build no more prisons:Divert to community based alternatives

Selective incapacitationShorter sentencesLess intrusive classification

Future of Incarceration…continuedBuild humane facilities:

Smaller prisonsInmate/guard interactionDivert to community based alternatives

Selective incapacitationShorter sentencesLess intrusive classification

Punishment PerspectivesDo 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 conflictTo maintain values/social bordersTo get people to stop doing thingsTo make ourselves feel betterTo hold people accountableTo protect societyTo 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):RetributionRevenge

Society-wide oriented punishment philosophies (present tense orientation):Control/order maintenanceGeneral deterrence

Philosophy of Punishment…continued

Individually oriented treatment philosophy

(future tense orientation):Medical rehabilitationMental rehabilitationSocietal reintegration

More Punishment Perspectives1. Why do we punish?2. Should society punish, and why/why not?3. Which of the punishment theories best fits

yourperspective?

4. Which of these philosophies of punishmentwould 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?

RecidivismTime dimension

Type of violation:Felony/MisdemeanorViolent/Non-violentDrugs issues

Type of violator (population sample dimension):Maximum security releases vs. Pre-trial diversion participantsCareer criminal vs. 1st time offender

Recidivism…continuedLevel of intrusion

ArrestedConvictedSanction

Prison (max, med, min)JailProbationParole revolkedHalfway houseOther 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/re-convicted/re-imprisoned, we want them to successfully re-enter society as contributing members, and we should measure this according

Relative AdjustmentTime Dimension – if we can lengthen the

lag time between offenses, that is a success

Measurement Dimension & OrientationWe 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)

A Relative Adjustment ScaleLose points (and the loss is greater over

time) forA dirty urine result A speeding ticketA shoplifting arrest

Get points for living at the same residence for a certain time keeping your job for a certain timeclean urine tests over a certain timeearning your GED

Correctional LawWolff 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…continuedWilson 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 – MacroDe Jure – De Facto

Legal Reentry Obstacles (the 2nd prison)Bills of attainder – de jureBills of attainder – de facto

Civic restrictionsInsurance restrictionsEducational restrictionsOccupational license restrictionsBonding restrictionsGovernment employment restrictionsPublic Housing restrictions

Corrections ReformsPrisons/Jails

Remove from the public sectorPrison industryNo forced rehabilitation programmingPresumptive release dateAdjust sentences

Selective incapacitation (divert more to Community based alternatives)

Shorter sentencesLess intrusive classification

Habitual Offender Law ConcernsLow offender perceived certainty of

apprehension factorTargeting wrong age-based population

demographicPoor predictive capability/targets in an ex

post facto contextReplacement phenomenon

(see Kovandzic, The Impact of Florida’s Habitual Offender Law, Criminology, February 2001, pp. 170-203.)

Corrections ReformsPrisons/Jails:

Remove from the public sectorPrison industryNo forced rehabilitation programmingPresumptive release dateAdjust sentences

Selective incapacitation (divert more to Community based alternatives)

Shorter sentencesLess intrusive classification

Corrections Reforms…Prison/Jails continuedExpand furlough programs:

Work releaseStudy releaseFamily furloughsCommunity furloughsGraduated release programming

Parole people fasterIncrease voc training/education programsHold seminars on family relations,

employment preparation/expectations and general life skills

Ramp up reentry programs

Reentry Challenges1. Civic restrictions2. Insurance restrictions3. Educational restrictions4. Occupational license restrictions5. Bonding restrictions6. Government employment restrictions 7. Public Housing restrictions8. Limited access to adequate health care8. 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 StrategiesFront 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 StrategiesDevelop a Less Punitive Correctional Model

Less reliance on prisonsShorter sentencesMinimize classification level (Scuba analogy,

Social distance)

Develop a More Effective Correctional ModelScientific criminologyPolitical 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 ex-offenders.

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 Activities1. 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.

Long Run Strategies…AgainDevelop a Less Punitive Correctional Model

Less reliance on prisonsShorter sentencesMinimize classification levels (Scuba analogy, Social distance)

Develop a More Effective Correctional ModelScientific criminologyPolitical criminology

Overcome the Lingering Cultural Orientation of Attainder(Singapore Yellow Ribbon Project)

Corrections Reforms…continuedPrisons/Jails

Ramp up reentry programsDemocratic prisonsRelease older inmatesTax incentives to hire ex-offendersBe employment focusedAllow more prison visitsMove 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 termFront end options Back end optionsCustodial options

Long termDevelop a Less Punitive Correctional ModelDevelop a More Effective Correctional ModelOvercome the Lingering Cultural Orientation

of Attainder

Parole ReformsExpand pre-parole furlough programsGrant parole earlierVolunteers in paroleEliminate the technical violationsMandatory residential reentry center

participation (halfway-out houses)Reduce parole officer caseload size:

Social service focused officer to someCustody oriented officer to others

(intensive/electronic)

Probation ReformsIncrease the use of probation (vs. prison)Great use of volunteersReduce PO caseload size:

Social service focused officer to someCustody 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 housesRestitution/community service sentencesDrug/alcohol treatment diversionMental health diversion

Greater Use of Community-Based Options…continued

Misc. therapy and counseling programsIntermittent incarcerationFamily relations and life skills classEducational and voc training and

assistance programsEmployment preparation and expectation

coursesEmployment assistance programsExpanded fine schedule/waiverable

offense schedule (citations)Prison/jail furlough programs

Bio-Criminology OptionsCrime 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 sanctionsMinimize 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 CommentsSolutions:

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 isvirtually no chance for longitudinal rehabilitative success.

Singapore’s Yellow Ribbon Project

http://www.yellowribbon.org.sg/