European-American Prison Project - See Yourself @ CCSU · Slide 1 European-American Prison Project...

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Slide 1 European-American Prison Project Sara Sullivan Senior Program Associate, Vera Institute of Justice Steve Chanenson Chair, Pennsylvania Commission on Sentencing, Professor of Law, Villanova University School of Law “Building Bridges Revisited” Conference January 14, 2014, Central Connecticut State University PRISON LAW OFFICE Slide 2 • January 14, 2014 Project Overview

Transcript of European-American Prison Project - See Yourself @ CCSU · Slide 1 European-American Prison Project...

Page 1: European-American Prison Project - See Yourself @ CCSU · Slide 1 European-American Prison Project ... Pennsylvania Commission on Sentencing, ... ** Incarcerated Population includes

Slide 1

European-American Prison

Project

Sara Sullivan Senior Program Associate, Vera Institute of Justice

Steve Chanenson Chair, Pennsylvania Commission on Sentencing,

Professor of Law, Villanova University School of Law

“Building Bridges Revisited” Conference

January 14, 2014, Central Connecticut State University

PRISON LAW OFFICE

Slide 2 • January 14, 2014

Project Overview

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Slide 3 • January 14, 2014

Project Goal

To help inform the beliefs and attitudes of

influential lawmakers, judges, corrections

officials, and other stakeholders by exposing

them to alternative approaches to incarceration

in European countries and involving them in

subsequent conversations about the

implications of European approaches on U.S.

corrections policy.

Slide 4 • January 14, 2014

State Partners

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Slide 5 • January 14, 2014

European Partners

Slide 6 • January 14, 2014

European Agenda

Germany

• Waldeck Prison (prisoners with long sentences)

• Neustrelitz Prison (young adults, age 18-25)

Netherlands

• Penitentiary Institution (PI) Haaglanden

• De Kijvelanden Forensic Care Institution (mentally-ill and drug addicted offenders)

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Slide 7 • January 14, 2014

Key Observations: Use of Incarceration and Corrections

Practices

Slide 8 • January 14, 2014

Use of Incarceration

83 87

716

0

100

200

300

400

500

600

700

800

Germany Netherlands U.S.

Inc

arc

era

tio

n R

ate

pe

r 1

00

,00

0 P

eo

ple

*Year of data varies by country: Germany − 3/12; Netherlands − 9/11, and U.S. − 6/11

** Incarcerated Population includes pre-trial detainees/remand prisoners Data Sources for Germany and Netherlands: Interational Centre for Prison Studies Data Source for U.S.: Bureau of Justice Statistics, "Correctional Populations in the United States, 2011”

Comparison of European and United States Incarceration Rates

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Slide 9 • January 14, 2014

German Sentencing Practices

Unconditional prison sentences Suspended prison sentences

Fines

Diversion by judge

Diversion by

prosecutor

Presentation by Frieder Dunkel at JVA Waldeck, Mecklenburg-Western Pomerania, February 2013.

Slide 10 • January 14, 2014

Dutch Sentence Lengths

49%

71%

83% 91% 95% 98%

1% 1%

Presentation by Mariëtte Horstink, Director of External Relations, Custodial Institutions Agency, The Netherlands, February 2013.

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Slide 11 • January 14, 2014

Approach to Corrections

Germany United States

“The sole aim of

incarceration is to

enable prisoners to

lead a life of “social

responsibility free of

crime upon release”

1. Punishment /

Retribution

2. Incapacitation

3. Deterrence

4. Rehabilitation

Slide 12 • January 14, 2014

Normalization & Reintegration

• Privacy

• Guards knock before entering

• Keys to their own cells

• Individual expression

• Inmates choose their clothing

• Possession of personal items

• Self-regulation of daily life

• Assist with organizing daily life

• Inmates can make their own food

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Slide 13 • January 14, 2014

Approach to Discipline

• Tailored discipline

• Use of incentives, immediate and delayed

• Limited use of segregation

Slide 14 • January 14, 2014

Mental Health Treatment

• Focus on rehabilitation

• Individualized approach

• Presence of mental health staff

In Mecklenburg, Western-Pomerania, Germany,

there are 35 Social Workers

and 28 Psychologists for 1,400 prisoners

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Slide 15 • January 14, 2014

Treatment of Special Populations

• Young adults as juveniles

• Harm reduction approach for drug offenders

• Mentally ill offenders treated in clinical facilities

Slide 16 • January 14, 2014

Focus on Reentry

• Mandatory savings

All offenders are paid and a portion of their income is withheld for reentry planning

• Sentencing plans

Each offender receives an individual plan upon admission with a focus on reentry

• Role of Probation/Parole

Probation plays in active role in development of sentencing plans

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Slide 17 • January 14, 2014

Staff Culture

• Qualifications and Training

4-5 year university degree for prison governors

(often lawyers), teachers, and psychologists

Prison officers must complete a two-year

training course, composed of both theoretical

and practical courses

• Composition of staff

More therapists and social workers than in the

United States

• Staff and inmate interactions

Slide 18 • January 14, 2014

Implications for U.S.

Corrections Systems

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Slide 19 • January 14, 2014

What Kind of Implications?

• Options

• Perhaps inspiration

• Potential “legal transplants”

• Professor Richard Frase

Slide 20 • January 14, 2014

Reduce the Use of Incarceration

• Reconsider the use of automatic prison sentences: mandatory minimums and three strikes laws.

• Improve and expand prosecutorial diversion programs.

• Explore the use of fines as the sole sanction.

• Alternatives to incarceration for special populations.

• Bail reform.

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Slide 21 • January 14, 2014

Corrections Practices

• Rethink the goals and mission of corrections.

• Incorporate normalization practices.

• Use incentives as a discipline technique.

• Reduce the use of segregation.

“If you treat inmates like humans, they will act like

humans.” – Georgia participant

Slide 22 • January 14, 2014

Corrections Practices (cont.)

• Encourage a continued connection with society

• Consider mother-child units

• Expand focus on reentry

• Revamp staff training

• Promote positive interactions between staff and inmates

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Slide 23 • January 14, 2014

Project Report

“Sentencing and Prison Practices in Germany and the Netherlands:

Implications for the United States”

www.vera.org

Slide 24 • January 14, 2014

Questions

Sara Sullivan

Senior Program Associate, Vera Institute of Justice

(212) 376-3083

[email protected]

Steven Chanenson

Chair, Pennsylvania Commission on Sentencing

Professor of Law, Villanova University School of Law

(610) 519-7459

[email protected]