Tuesday, July 17, 2018

Encouraging lawmakers to take a "face-to-face" approach to criminal justice reform

Connecticut Gov Daniel Malloy has this great commentary in The Hill under the headline "To reimagine the criminal justice system, start with a face-to-face connection." I recommend the piece in full, and here are excerpts:

Recently, the first lady and I convened a group of state officials, judges, prosecutors, victim advocates and other stakeholders to discuss Connecticut’s progress toward improving the state’s criminal justice system.  Sounds like a run-of-the-mill convening of policymakers and practitioners until you consider the venue: one of our state’s maximum-security prisons, the Cheshire Correctional Institution.

“Reimagining Justice 2018: Outside In” was the first-ever conference to be held inside such a prison, serving as a rare opportunity for those who shape and carry out Connecticut’s criminal justice policies to step into the confines of a prison and hear directly from those who are residents there.

During my time as governor, I’ve prioritized these types of meaningful interactions with people directly impacted by the correctional system, whether it’s been with people who are incarcerated, the corrections officers that supervise them or victims of crime.  Over the course of my 24 visits to date, interactions with victims, correctional officers and inmates have become a central part of my efforts to develop meaningful criminal justice policy changes.

These experiences have informed many policy discussions and have led to extraordinary progress in our state.  From 2008 to 2016, Connecticut has seen the complete closure of five prisons along with major portions of four other facilities.  More importantly our state has experienced the largest reduction in violent crime of any state in the nation over the past four years.  We’ve also seen our prison population reach its lowest level since 1994 due to fewer and fewer arrests and prison admissions and while continuing to see meaningful drops in recidivism rates....

Whether it be attending the reentry program graduation of someone preparing to return to the community after incarceration or meeting with corrections officers to discuss new ways to ensure a healthy working environment for them, these face-to-face engagements can help policymakers gain a deeper appreciation of the unique challenges people encounter when they are closely involved in the correctional system....

It’s critical for all elected leaders and policymakers at every level of government to understand the high value of these types of interactions.  That is why I, along with a group of 12 other Republican and Democratic governors across the country, have taken part in the Face to Face initiative, a call to action for all policymakers to personally connect with the people closest to the correctional system.

I urge all policymakers of all levels across the country to join these efforts and commit to following a thoughtful approach to policy that focuses not only on data, but the people behind those numbers.  Together, by considering the immeasurable human impact of our policy decisions, we can reimagine the way we approach criminal justice.

July 17, 2018 in Prisons and prisoners, Who Sentences? | Permalink | Comments (2)

Sunday, July 15, 2018

"Incarceration, Recidivism, and Employment"

The title of this post is the title of this paper recently posted to SSRN authored by a group of economists. Here is its abstract:

Understanding whether, and in what situations, time spent in prison is criminogenic or preventive has proven challenging due to data availability and correlated unobservables. This paper overcomes these challenges in the context of Norway’s criminal justice system, offering new insights into how incarceration affects subsequent crime and employment. We construct a panel dataset containing the criminal behavior and labor market outcomes of the entire population, and exploit the random assignment of criminal cases to judges who differ ystematically in their stringency in sentencing defendants to prison. Using judge stringency as an instrumental variable, we find that imprisonment discourages further criminal behavior, and that the reduction extends beyond incapacitation.

Incarceration decreases the probability an individual will reoffend within 5 years by 29 percentage points, and reduces the number of offenses over this same period by 11 criminal charges. In comparison, OLS shows positive associations between incarceration and subsequent criminal behavior. This Sharp contrast suggests the high rates of recidivism among ex-convicts is due to selection, and not a consequence of the experience of being in prison. Exploring factors that may explain the preventive effect of incarceration, we find the decline in crime is driven by individuals who were not working prior to incarceration. Among these individuals, imprisonment increases participation in programs directed at improving employability and reducing recidivism, and ultimately, raises employment and earnings while discouraging further criminal behavior. For previously employed individuals, while there is no effect on recidivism, there is a lasting negative effect on employment. Contrary to the widely embraced ‘nothing works’ doctrine, these findings demonstrate that time spent in prison with a focus on rehabilitation can indeed be preventive for a large segment of the criminal population.

July 15, 2018 in Prisons and prisoners, Purposes of Punishment and Sentencing, Scope of Imprisonment | Permalink | Comments (4)

Friday, July 13, 2018

Detailing how recent reforms have helped Louisiana shrink its incarceration rate to no longer be nation's leader

Ranking have a way of capturing attention, and this new Pew article reporting on a notable change in state rankings caught my eye.  The piece is headlined "Louisiana No Longer Leads Nation in Imprisonment Rate: New data show impact of 2017 criminal justice reforms," and here are excerpts:

Louisiana no longer leads the nation in imprisonment, one year after enacting a landmark package of 10 criminal justice reform laws. In June 2018, Oklahoma became the U.S. state with the highest imprisonment rate, replacing Louisiana, which had been the nation’s prison capital for nearly 20 years.

The numbers are based on calculations by The Pew Charitable Trusts, which analyzed data from the state corrections departments and population estimates from the U.S. Census Bureau. At the beginning of June, the imprisonment rate in Louisiana was 712 per 100,000 residents, compared with 719 per 100,000 residents in Oklahoma. Louisiana now ranks second in imprisonment. The numbers in both states far exceeded the national rate, including state and federal prisoners, which was 450 per 100,000 residents at the end of 2016.

The latest data reinforce a central lesson of criminal justice reform in the past decade: States’ policy choices can help control the size and cost of their prison systems and protect public safety. Although implementation of Louisiana’s reforms is still in the early stages, the Department of Public Safety and Corrections and the Commission on Law Enforcement released a report in June with some initial results that show quick and solid progress since the first pieces of legislation went into effect in August 2017....

After a year’s worth of data analysis and study by the task force, the Legislature in 2017 passed and the governor signed the most significant overhaul of criminal justice laws in state history. The package of 10 bills — sponsored by six Republicans, two Democrats, and one independent — steers people convicted of less serious crimes away from prison, strengthens incarceration alternatives, reduces prison terms for those who can be safely supervised in the community, removes barriers to re-entry into the community, and bolsters programs that support victims of crime.

Louisiana’s landmark reforms are perhaps the most dramatic example of a state taking greater control of its prison growth and spending, but many others have acted as well. More than 30 states have adopted reforms, spurring shifts in imprisonment rate rankings. In 2007, for example, Texas began investing hundreds of millions of dollars in various treatment and diversion programs.  The state dropped from third place in 2008 to seventh by the end of 2016, the most recent year for which complete national data are available. In South Carolina, comprehensive reforms enacted in 2010 helped move the state from ninth to 20th.

Pew also this week released this Fact Sheet on state reform efforts under the heading "35 States Reform Criminal Justice Policies Through Justice Reinvestment."

July 13, 2018 in Prisons and prisoners, Scope of Imprisonment, State Sentencing Guidelines, Who Sentences? | Permalink | Comments (3)

Tuesday, July 10, 2018

"Out of Prison & Out of Work: Unemployment among formerly incarcerated people"

The title of this post is the title of the latest notable report by the folks at the Prison Policy Initiative.  Here is how the report gets started:

Formerly incarcerated people need stable jobs for the same reasons as everyone else: to support themselves and their loved ones, pursue life goals, and strengthen their communities. But how many formerly incarcerated people are able to find work? Answering this fundamental question has historically been difficult, because the necessary national data weren’t available — that is, until now.

Using a nationally representative dataset, we provide the first ever estimate of unemployment among the 5 million formerly incarcerated people living in the United States.  Our analysis shows that formerly incarcerated people are unemployed at a rate of over 27% — higher than the total U.S. unemployment rate during any historical period, including the Great Depression.

Our estimate of the unemployment rate establishes that formerly incarcerated people want to work, but face structural barriers to securing employment, particularly within the period immediately following release. For those who are Black or Hispanic — especially women — status as “formerly incarcerated” reduces their employment chances even more. This perpetual labor market punishment creates a counterproductive system of release and poverty, hurting everyone involved: employers, the taxpayers, and certainly formerly incarcerated people looking to break the cycle.

Fortunately, as the recommendations presented in this report illustrate, there are policy solutions available that would create safer and more equitable communities by addressing unemployment among formerly incarcerated people.

July 10, 2018 in Prisons and prisoners, Reentry and community supervision | Permalink | Comments (1)

Sunday, July 08, 2018

"No more pits of despair. Offenders are still humans."

The title of this post is the headline of this notable Washington Post commentary authored by Michael Gerson. I recommend the whole piece, and here are excerpts:

An administration not known for policy creativity is unlikely to have useful internal policy debates. But in the Trump administration, prison reform is a welcome exception.

This is largely because of the efforts of President Trump’s son-in-law and senior adviser Jared Kushner, who, in common with millions of poor and minority children in America, has had the searing experience of visiting a father in prison. Kushner has displayed considerable passion in recruiting conservatives to the cause of prison reform. He has been opposed by Attorney General Jeff Sessions, who seems stuck in a get-tough-on-crime time warp.

In the context of this disagreement — reflected in the broader conservative movement — the House has passed a worthwhile but watered-down bill called the First Step Act.  This legislation would make changes on the exit side of incarceration — increasing funding for education and job-training programs and allowing inmates to earn credits for early release.  As a result of opposition from Sessions and others, the bill does not focus on the entrance side of incarceration — sentencing reform that would encourage alternatives to imprisonment for less dangerous offenders....

Given that the main deterrent to crime is not the severity of punishment but its certainty, prison and sentencing reforms are designed to provide a broader range of penalties and treatment options to courts, along with greater discretion in employing them. This means that violent criminals get treated differently from nonviolent criminals, who get treated differently from addicts, who get treated differently from the mentally disabled, who get treated differently from parole violators — instead of sweeping them all into (expensive) prison beds.

States have done more than apply a theory. They have demonstrated something practical, hopeful and remarkable. “This renaissance has been led in large part by deep-red Texas,” Trautman and Rizer write, “which, by instituting a series of ‘smart-on-crime’ initiatives in the last decade, accomplished a feat previously believed to be impossible: the simultaneous reduction of its crime, recidivism and incarceration rates.” While the crime rate index fell by 20 percent nationally from 2007 to 2014, it fell by 26 percent in Texas. The state, meanwhile, closed eight prisons....

One of the reasons this good idea should succeed in Washington is to demonstrate that any good idea can succeed in Washington. Two other scholars, Steven Teles and David Dagan, have called prison and sentencing reform an example of “trans-partisanship,” which they define as “agreement on policy goals driven by divergent, deeply held ideological beliefs.” Liberals look at mass incarceration and see structural racism. Libertarians see the denial of civil liberties. Fiscal conservatives see wasted resources. Religious activists see inhumane conditions and damaged lives.

All these convictions converge at one point: We should treat offenders as humans, with different stories and different needs, instead of casting them all into the same pit of despair. 

July 8, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (3)

Saturday, June 30, 2018

CNN premiering new film "American Jail"

As detailed at this link, CNN Films will premiere on Sunday, July 1 at 8 pm on CNN a feature titled "American Jail." Here is the website's brief description of the film: "In this provocative and personal film, Academy Award-winning director Roger Ross Williams explores the forces that fuel America's sprawling prison system." The film weblink has additional content assembled, including links to these short excerpts from the film:

CNN also has this new article headlined "5 facts behind America's high incarceration rate," and here are the "5 facts" this article reports:

June 30, 2018 in Prisons and prisoners, Scope of Imprisonment, Television | Permalink | Comments (0)

Wednesday, June 27, 2018

Recommending FAMM's great new report "Everywhere and Nowhere: Compassionate Release in the States"

FammFamilies Against Mandatory Minimums (FAMM) now has at this link its big new report on compassionate release programs authored by Mary Price under the title "Everywhere and Nowhere: Compassionate Release in the States."  Here is how the report and related resources are introduced:

“Everywhere and Nowhere: Compassionate Release in the States,” is a comprehensive, state-by-state report on the early-release programs available to prisoners struggling with certain extraordinary circumstances, such as a terminal or age-related illness.

The report takes a deep dive into the regulations and requirements of these programs in each state, including the varying categories of release, eligibility criteria, and reporting. The analysis also reveals a troubling number of barriers faced by prisoners and their families when applying for early release.

The report is accompanied by a comparison chart, 21 recommendations for policymakers, and 51 individual state memos.

Here are more links to the resources from this report:

And here is an excerpt from the Executive Summary:

We were gratified to learn that 49 states and the District of Columbia provide some means for prisoners to secure compassionate release.  But we were dismayed to discover that very few prisoners actually receive compassionate release.

This report summarizes our findings. It describes the barriers and the best practices we uncovered and illustrates them with selected examples drawn directly from our research on individual states. Above all, we found that every state could improve compassionate release. Accordingly, this report closes with a set of recommendations for policymakers interested in bringing their state programs in line with best practices.

June 27, 2018 in Offender Characteristics, Prisons and prisoners, Purposes of Punishment and Sentencing, Scope of Imprisonment, Sentences Reconsidered, Who Sentences? | Permalink | Comments (1)

The Sentencing Project effectively reviews "Trends in U.S. Corrections"

The folks at The Sentencing Project late last week published this document, titled "Trends in U.S. Corrections," which serves as an effective fact sheet compiling major developments regarding the scope of imprisonment in the US criminal justice system over the past several decades. The short document has lots of effective graphs reporting on lots of demographic realities of prison populations, and here is a bit of its prose on two particular issues:

Sentencing policies of the War on Drugs era resulted in dramatic growth in incarceration for drug offenses.  Since its official beginning in the 1980s, the number of Americans incarcerated for drug offenses has skyrocketed from 40,900 in 1980 to 450,345 in 2016.  Furthermore, harsh sentencing laws such as mandatory minimums keep many people convicted of drug offenses in prison for longer periods of time: in 1986, people released after serving time for a federal drug offense had spent an average of 22 months in prison.  By 2004, people convicted on federal drug offenses were expected to serve almost three times that length: 62 months in prison.

At the federal level, people incarcerated on a drug conviction make up just under half the prison population.  At the state level, the number of people in prison for drug offenses has increased ninefold since 1980, although it has begun declining in recent years.  Most of these people are not high-level actors in the drug trade, and most have no prior criminal record for a violent offense....

The number of people serving life sentences continues to grow even while serious, violent crime has been declining for the past 20 years and little public safety benefit has been demonstrated to correlate with increasingly lengthy sentences.  The lifer population has nearly quintupled since 1984.  One in nine people in prison is now serving a life sentence and nearly a third of lifers have been sentenced to life without parole.

June 27, 2018 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0)

Monday, June 25, 2018

"Outraged By Kids In Cages? Look At Our Entire Juvenile Justice System."

The title of this post is the headline of this notable new HuffPost commentary authored by lawprof Cara Drinan, who is the author of The War on Kids: How American Juvenile Justice Lost Its Way (and who will be guest-blogging here come this August). Here are excerpts:

Last week, the nation witnessed an abrupt reversal from the White House. After claiming for days that he did not have the authority to address the family separation crisis at the border, President Donald Trump appeared to do just that with the stroke of a pen....

Trump’s reversal this week is progress; it’s a step in the right direction away from the inhumanity that the nation witnessed at the border. But let’s also be clear: There are vulnerable kids in cages in every state across America whose cases will not be affected by the president’s new order. In fact, on any given day there are approximately 50,000 juveniles being held in American correctional facilities, thousands of whom are in adult jails and prisons.

Despite inventing the juvenile court model in the late 19th century, the United States today is an international outlier in the severity of its juvenile justice practices. Today, every jurisdiction has some provision that permits a child to be charged as if they were an adult, and 23 states set no minimum age for employing this legal fiction.

Juveniles convicted in adult court are subject to lengthy mandatory minimums that were drafted with adults in mind. Juveniles can be housed in adult correctional facilities despite being extremely vulnerable to the risks of sexual and physical assault in those locations. Youth are subject to conditions of confinement that were designed for the most dangerous adult offenders, including mechanical restraints and even solitary confinement. Until 2005, we were the only developed nation to execute people for juvenile crimes, and today we are the only country that sentences children to die in prison.

Just like the migrant children crossing the border with their parents, American youth accused of a crime are typically traumatized and vulnerable. Our juvenile justice practices have hit poor, minority communities the hardest. Black youth are five times as likely as white youth to be detained, even as overall detention rates have fallen....

As we seek an end to family separation and the horrors of kids in cages at border facilities, we should also take a moment to reflect on our own domestic practice of keeping kids in cages. We should urge lawmakers to enact age-appropriate sentencing laws that reflect what brain science tells us: that juvenile brains really are different and that most kids simply outgrow delinquent tendencies. At the same time, we should offer education, substance-abuse treatment and therapy to those kids who enter the system rather than simply warehousing them and exacerbating their underlying trauma.

Just like the children of asylum-seekers crossing into America, juveniles accused of a crime are deserving of care and solicitude rather than condemnation and cruelty.

June 25, 2018 in Offender Characteristics, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (5)

Friday, June 22, 2018

"Gideon Incarcerated: Access to Counsel in Pre-Trial Detention"

The title of this post is the title of this new article authored by Johanna Kalb now available via SSRN.  Here is the abstract:

As the population of incarcerated persons has swelled in local, state, and federal facilities around the country, the infrastructure supporting the attorney-client relationship is under increasing stress.  The result is an array of new cases about the difficulties of lawyering in jails and prisons.  These cases challenge the lack of private space for legal visits, reductions in visiting hours, remote carceral placements, interference with legal mail, and monitoring of legal phone calls and legal email.  Despite (or perhaps because of) these mounting challenges, many courts have become less receptive to Sixth Amendment claims from people behind bars, putting the right to counsel at risk.

This Article traces the hidden ways in which mass incarceration has worked to degrade the right to counsel, both in fact and in law, for incarcerated criminal defendants.  It then proposes possibilities for reinvigorating the Sixth Amendment’s protections for incarcerated defendants, through intersecting strategies for regulation and structural litigation, with the ultimate goal of breaking our national reliance on pretrial detention.  Building on a 50-state survey of the jail standards governing the attorney-client relationship, the Article illustrates how the Sixth Amendment’s protections are currently understood by those who must facilitate them, and then proposes a new litigation strategy to catalyze reform.

June 22, 2018 in Prisons and prisoners, Procedure and Proof at Sentencing, Scope of Imprisonment, Who Sentences? | Permalink | Comments (5)

Wednesday, June 20, 2018

Suggesting home confinement as an incarceration alternative to avoid family separation back home

Tyler Cowen has this notable new commentary bringing home a controversy over immigration policies.  The piece is headlined "American Families Shouldn't Be Separated, Either: What if more parents, when convicted of crimes, were sentenced to house arrest for the benefit of their children?".  Here is how it starts and ends:

One of the worst American policies today is the decision of President Donald Trump’s administration to separate many immigrant parents from their children after they illegally cross the U.S. border.  Obviously, a case can be made for enforcing the border, but deliberate cruelty is never a good idea.  Those children — innocent victims all of them — will likely be traumatized for life.  I am uncomfortably reminded of the U.S.’s long history of separating parents and children from the days of slavery and during Native American removal and extermination.

If you agree with me on this, I’d like to push you one step further.  It’s horrible to forcibly separate lawbreaking parents from their young children, but we do that to American citizens, too.  According to one 2010 study, more than 1.1 million men and 120,000 women in U.S. jails and prisons have children under the age of 17.  These separations can be traumatic, and they help perpetuate generational cycles of low achievement and criminal behavior.

These problems are especially pressing for female prisoners and their children.  From 1991 to 2007, the number of children with a mother in prison more than doubled, rising 131 percent. About two-thirds of the women in state prisons are there for nonviolent offenses.  Sixty percent of those women have children under the age of 18, and in one survey one-quarter of the prisoners’ children were under the age of 4. Forty-one percent of the women in state prison had more than one child.

I have a simple proposal: Let’s take one-tenth of those women and move them from prison to house arrest, combined with electronic monitoring.  That would allow for proximity to their children.  If the U.S. isn’t plagued by a subsequent wave of violent crime — and I don’t think it will be — let us try the same for yet another tenth.  Let’s keep on doing this until it’s obviously not working.  In some of these cases the court might rule that the mother — especially if she is prone to child abuse or substance abuse — will not have full custody rights to her children.  Many other children, though, will benefit, and even visitation rights can help a child....

One estimate suggests that 11 percent of the children of imprisoned mothers end up in foster care.  This is not an area of investigation where data collection has been thorough or systematic, another sign of our neglect of the issue.  Nonetheless it seems that after the arrest of a parent, treatment of the children by the police is irregular across the country and often poorly handled.

In citing this evidence, I don’t mean to normalize the current treatment of illegal immigrant families — I consider it a moral disgrace.  What I am saying is that our treatment of outsiders is rarely an accident, and it so often mirrors how we have been treating each other all along.  That is yet another reason to be nicer to those who are most vulnerable.

June 20, 2018 in Collateral consequences, Offender Characteristics, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (4)

Sunday, June 17, 2018

Focus on fathers behind bars on Father's Day

Last month, to mark Mother's Day, I collected in this post a lot of commentary about mothers in prison.  I have noticed far less comparable commentary to mark  Father's Day (perhaps because everyone is busy debating what Phil Mickelson did yesterday).  But I have seen these two new pieces authored by Pat Nolan:

June 17, 2018 in Offender Characteristics, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (3)

"What Tocqueville Would Think of Today’s Criminal Justice Reforms"

The title of this post is the headline of this interesting commentary authored by Emily Ferkaluk which leans on a historic figure while advocating for the FIRST STEP Act.  Here are excerpts:

Alexis de Tocqueville, a French aristocrat who toured American penitentiaries at the height of the 19th-century penal debate in order to help guide French penal reform, would commend us for the reform measures contained in the First Step Act.

In his report, “On the Penitentiary System in the United States and Its Application to France,” Tocqueville stressed that any criminal justice reform must moderately balance two goals: preserving the rights of society, and preserving the rights of prisoners.  Society, he argued, has a right to promote and protect public safety and order by punishing those who break the law—and to regain at least some of the money it spends in doing so.  On the other hand, the prisoner has a right to an education that prepares him to re-enter society as a productive citizen.

Both rights are preserved through the right application of corrective justice — a balance of proportional retribution and rehabilitation.  The First Step Act protects both of these rights—the rights of society and of the prisoner — by proposing a recidivism program that conducts risk assessments of prisoners.  These assessments would weigh the likelihood of individual prisoners recommitting a crime....

Furthermore, time credit programs that are joined to a risk assessment system work because they let wardens and prison administrators determine whether a prisoner presents a low risk to the community.  Tocqueville would have approved of this kind of localized authority.  In fact, during his visit to America, he was pleasantly surprised at the amount of authority the superintendent of prisons wielded over prison discipline.  He believed superintendents were best suited to make those decisions, being the closest to prisoners and having observed their behavior and reformation.

Tocqueville also identified certain types of incentives that truly rehabilitate prisoners — particularly family-oriented incentives. His interviews with prisoners in solitary confinement in the Philadelphia Penitentiary led him to remark that “memories of their family have an extreme power over their souls,” thus disposing them to rehabilitation.

These very incentives are present in the First Step Act. One incentive is to be relocated to a facility closer to home. Another is to enroll prisoners in a program that gives them “family relationship building, structured parent-child interaction, and parenting skills.”  A third option is to allow certain prisoners to go home for pre-release custody.  All of these cohere with Tocqueville’s findings....

When Tocqueville was first inspecting American penitentiaries, only a handful of states (predominantly New York and Pennsylvania) had begun to implement new prison disciplines such as solitary confinement and prison labor.  These penal disciplines proved effective, and despite their relative newness, Tocqueville recommended the French adopt the same disciplines.

Tocqueville preferred democratic politics to theory, and action in one direction over endless debate.  Commenting on the penal reforms made by the people through their state legislatures, he said, “Perhaps this prudent and reserved reform, effected by an entire people, whose entire habits are practical, will be better than the hasty trials that would result from the enthusiasm of ardent minds and the seduction of theories.”

Tocqueville’s words of wisdom should encourage us to pass the proposed recidivism reform measures without fear of killing any future criminal justice reform.  This first step toward penal reform is not our last.

Some of many prior related posts:

June 17, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Prisons and prisoners, Who Sentences? | Permalink | Comments (2)

Thursday, June 14, 2018

"The New Dynamics of Mass Incarceration"

Download (15)The title of this post is the title of this notable new publication from The Vera Institute of Justice.   Here is much of its introduction:

After decades of continuous growth, the United States’ prison population began to plateau in the new millennium as the nation entered an era of criminal justice reform aimed at lowering the footprint of incarceration.  This seemed to herald the beginning of the end for mass incarceration.  Since 2007, when the country hit a peak of nearly 800 people in prison per 100,000 working age adults — over 1.6 million people total — overall prison incarceration has declined by about 1 percent on average each year.  The new downward trajectory of incarceration in the United States has paralleled a reckoning with the mounting costs of confinement and a growing awareness that incarceration in America was — in the words of a 2014 National Research Council report — “historically unprecedented and internationally unique,” and did not have the promised impact on public safety. (See “A brief history of mass incarceration: From unified growth to an era of reform” at page 8.)

Legislative and policy reforms have not brought a swift reversal of mass incarceration, however.  Even prison population trends — long used as convenient barometer of criminal justice reform’s progress — show that unwinding the nation’s overreliance on incarceration will be a longterm endeavor.  At the current pace, it will be 149 years until U.S. prison incarceration rates are as low as they were in 1970. (See Figure 1 at page 6.)

At the same time, while aggregated national prison population data indicates slow decline, it cannot be the sole indicator used to measure the progress made in the nation’s recent efforts to reduce incarceration.  Prison populations are slow to change after the implementation of most policy or practice changes, and thus provide an inadequate metric by which to measure and adjust the immediate impact of reforms — or regressive legislation.  Furthermore, a reliance on aggregate prison data fails to acknowledge or measure the tremendous variation in incarceration trends from state to state and within states, and ignores a significant locus of incarceration: local jails — county- or municipally-run facilities that primarily hold people arrested but not yet convicted of a crime.  For example, while much of the country is locking fewer people in jails and prisons, Kentucky is doing the opposite. If jails and prisons continue to grow in Kentucky as they have since 2000, everyone in the state will be incarcerated in 113 years. A comprehensive look at disparately reported metrics for the nation’s 50 state prison systems and 2,872 local jail jurisdictions is necessary to more accurately account for the headway made thus far in reversing mass incarceration.

To accomplish this goal, this report proposes a wider set of metrics by which to analyze incarceration trends to supplement the old standard of state prison population: 1) prison admissions; 2) jail admissions, 3) pretrial jail populations and 4) sentenced jail populations.  When considered together, this combination of metrics better captures the complexity of contemporary incarceration trends at the state and local level, makes the patterns that underlie national statistics discernable, and provides a starting point for deeper investigation into the particular context of individual counties’ justice systems....

As this report will discuss, studying all the moving parts of the incarceration system reveals a more messy truth: that there is no single way to characterize the current state of mass incarceration. A single trend of unified growth across states and counties, and in both prison and jail incarceration, characterized mass incarceration’s rise. But that has fragmented into four distinct incarceration trends, depending on how and where incarceration is measured:

  • some jurisdictions have seen meaningful overall declines in both prison and jail incarceration; 
  • others have seen stagnation at high incarceration rates; 
  • still others have seen shifts between prisons and jails in place of real reductions to the footprint of incarceration; and 
  • some have seen unchecked growth.
Ultimately, unwinding mass incarceration will require the particular alchemy of data-driven policy and political will, sustained by pressure from grassroots advocates and litigation. But only by acknowledging the realities in thousands of jurisdictions across the country can researchers, policymakers, and the public identify where reform is still only a promise and target attention and resources to drive change. Without understanding how local jail populations and county-level prison admissions have evolved over time, it will be difficult to have a real sense of how state and local systems are interacting, which problems to solve, or if progress is being made at all.

This new Mother Jones article about this new Vera report sums up its takeway via its extended headline: "The Era of Mass Incarceration Isn’t Over. This New Report Shows Why. 'Mass incarceration has a different face.'"

June 14, 2018 in Prisons and prisoners, Recommended reading, Scope of Imprisonment | Permalink | Comments (2)

Wednesday, June 13, 2018

Notable new analysis of US incarceration levels and recent (modest) changes

Ted Gest over at The Crime Report has this details summary of an even more detailed analysis of US incarceration levels and their changes in recent years. The summary is headlined "Incarceration Decrease? Drop in Prison Numbers Called ‘Anemic’," and here are excerpts:

Although the US prison population has declined over six years, after increasing for nearly four decades, a new analysis by researcher Malcolm C. Young, published by the Center for Community Alternatives, concludes that the nation is not reducing prison populations at a pace that would end mass incarceration in the foreseeable future.

A report issued in January by the Bureau of Justice Statistics of data through 2016 found that prison populations decreased in 33 states that year — more states than had experienced decreases in any recent year. The average decrease was three percent. In 42 states, prison populations were lower than they had been recently.  Just eight states increased their prison populations to record high numbers.

The downturn it documented, while perhaps marking the beginning of an end to three-and-a-half decades of increases, “is anemic to the point of listlessness,” says Young, a longtime advocate of cutting prison populations. If the numbers of inmates continue to decrease only at the rate they did between 2014 and2016, there will still be more than a million people incarcerated in prison in 2042. The nation wouldn’t reach the goal of groups like #Cut50.org to reduce prison populations to half of what they are today for another 50 years, until 2068.

Moreover, the current rate of decrease may not hold, according to Young. The prospects for a more rapid de-incarceration are poor unless and until many more states use strategies that have been effective in the handful of states that are significantly reducing prison numbers, Young believes....

Young found that prospects that most of the 13 states responsible for much of the national decrease will continue to reduce their prison populations are good. For example, Massachusetts has the second-lowest incarceration rate in the nation (after Maine), and the Vera Institute of Justice predicts further decreases. New Jersey will likely continue to reduce its prison population as a result of pretrial reforms signed by Gov. Chris Christie that took effect last year. In New York State, further decreases are likely if officials can encourage fewer prison commitments from areas outside of New York City.

On the other hand, California, which decreased its prison population by 40,926 in six years to comply with a US Supreme Court ruling, increased its prison population in 2016 by 0.9 percent. California corrections officials predict an annual 0.8 percent increase in coming years. In Illinois, Gov. Bruce Rauner cut the prison population, incurring little opposition from the same Republicans who savaged his Democratic predecessor’s more modest efforts. Were he to lose his bid for reelection, it is not a given that a Democratic administration would carry his plan forward.

Since 2010, Texas decreased its prison population by 6,749 (4.1 percent). Prospects that the trend will continue are iffy because state legislators have been considering new sentencing enhancements.

Young found that decreases in the 14 states that have demonstrated a capacity to reduce prison populations have been “episodic.” Recently enacted reforms have encountered opposition. In Louisiana, advocates have been concerned that legislators will roll back recently enacted reforms designed to reduce incarceration. In Utah, reforms that relied on treatment and housing programs are at risk because of a lack of funding for alternative programs. In Florida, legislative reforms have not led to the reductions in prison populations for which advocates hoped....

Young calls for reexamining the effectiveness of prison-reduction strategies. “[Hopes to] to end mass incarceration can’t be grounded in a fiction that an annual one percent reduction in prisoners will get us anywhere, or that limited successes in a few jurisdictions will end mass incarceration in the country as whole.”

His report contends that national, state and local officials should turn for guidance to states that have achieved significant, lasting reductions in prison incarceration and steer clear of approaches that have failed to produce results.

Malcolm Young's full report, which is titled Prisoners in 2016 and the Prospects for an End to Mass Incarceration, is available at this link.

June 13, 2018 in Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0)

Monday, June 11, 2018

Spotlighting the role of prisons and jails as our modern mental health facilities

Esquire has this lengthy piece on modern prison realities that is notable for both its content and its author.  The full title and subtitled reveals its contents and author:

'THIS PLACE IS CRAZY': Our mental-health-care system is broken.  Ten of every eleven psychiatric patients housed by the government are incarcerated. Here’s what this crisis looks like from the inside—a series of lost lives and a few rare victories—as reported by a prisoner-journalist.

Here is the full bio from the article of the article's author:

John J. Lennon, a contributing writer at The Marshall Project, has written for Vice, The Atlantic, and The New York Times.  He is currently in Sing Sing Correctional Facility in Ossining, New York.  He will be eligible for parole in 2029.

And here is a snippet from the piece worth reading in full:

Nearly 20 percent of the fifty-two thousand prisoners in New York’s prison system — ten thousand in all — have mental illness.  The Department of Corrections and Community Supervision (DOCCS), which runs the state’s correctional facilities and supervises its parolees, is not alone: Nearly four hundred thousand of 2.2 million prisoners nationwide have a psychiatric diagnosis. Compare that with the thirty-eight thousand patients that the country’s state-run psych hospitals can accommodate.  The math is as easy as it is shocking: Ten out of every eleven psychiatric patients housed by the government are behind bars.

The financial toll is enormous: Treating prisoners with mental illness costs twice as much as providing community-based care.  State prisons spend an estimated $5 billion each year to imprison nonviolent offenders with a disorder.  As the National Alliance on Mental Illness says, “In a mental-health crisis, people are more likely to encounter police than get medical help.”  Jails and prisons have become our de facto asylums.

June 11, 2018 in Offender Characteristics, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (1)

Friday, June 08, 2018

"Why Aren’t We Spending More on Prisoner Education?"

The question in the title of this post is the headline of this notable new commentary authored by Stephen Steurer now up at The Crime Report. Here is how it starts and ends:

Education reduces crime, plain and simple.

The RAND Corporation underscored the positive impact of education in its 2013 review of the research reports on correctional education over the last couple of decades.  Bottom line from their reports: providing education programs for incarcerated men and women significantly reduces future crime all by itself, separate from any other treatment they receive.

Combined with other effective programs, such as drug rehabilitation and mental health counseling, education can help to reduce crime and recidivism even more effectively. RAND also demonstrated clearly that an education program pays for itself several times over. Every dollar invested in correctional education creates a return of five dollars in the reduction of future criminal justice costs.

So why are we not spending more criminal justice dollars on education?  We literally spend billions on the most expensive — and least effective — option: locking folks behind bars in record numbers....

Positive change can be painfully slow.  However, when the US does become interested in a particular issue, it is amazing how quickly it can retool and redirect its resources.  For those of us old enough to remember, we did it by putting a man on the moon when the Russians threatened US leadership in the space race.  Hopefully, we can redirect ourselves again to help change the direction of the lives of so many people returning to society after years of incarceration.

Education is not rocket science.  We already know how to teach people to read, write, do math and train for jobs.  For the sake of the incarcerated and, literally, for our own health and safety, let’s build and open more school programs in our prisons and jails.  Education does reduce recidivism!...

We continue to need serious political writers, both liberals and conservatives, to urge government and courts to get really “tough on crime” and sentence criminals to do their time in school to straighten out their lives.  We need to literally “throw the book at them.”

June 8, 2018 in Prisons and prisoners | Permalink | Comments (4)

Thursday, June 07, 2018

Large group of former prisoners urge Senate leaders to move forward with FIRST STEP Act

As reported in this article from The Hill, a "group of 40 former state and federal inmates is pushing Senate leaders to take up the White House-backed prison reform bill that has divided Democrats and liberal groups, as well as GOP senators." Here is more:

In a letter Wednesday to Senate Majority Leader Mitch McConnell (R-Ky.), Minority Leader Charles Schumer (D-N.Y.), Judiciary Committee Chairman Chuck Grassley (R-Iowa) and ranking member Dianne Feinstein (D-Calif.), the former prisoners argue the First Step Act, while modest, offers some meaningful reforms....

The former inmates say they know the bill isn’t perfect, but it’s something. “All of us would change the bill in different ways and many of us wished it addressed excessive federal mandatory minimum sentences,” they wrote.  “But we also know that the bill would provide some long overdue relief and hope to more than 180,000 people in federal prison and millions of their family members and loved ones on the outside.”...

Supporters of prison reform say demands for all or nothing is the wrong approach. “We’ve been disturbed by some of the comments we’ve heard that doing nothing is better than doing something and that is not at all what we hear from the tens of thousands of prisoners we’re in touch with,” said Kevin Ring, president of Families against Mandatory Minimums, who spent one-and-a-half years in federal prison. “It’s also inconsistent with our own experiences being in federal prisons and knowing how much reform is needed. Waiting to do anything until you get everything is deeply misguided.”

The full letter and the list of signatories is available at this link. Here is an excerpt of a missive that merits a full read:

Despite the bill’s clear benefits, we have heard some people suggest it would be better for Congress to do nothing rather than pass this bill.  Such talk reflects a disturbing detachment from the hardships that so many families are experiencing today because of our counterproductive federal sentencing and prison policies.

While we do not claim to speak for all people who are serving time in federal prison or their families, we (or the organizations at which we work) are in touch with tens of thousands of these incarcerated individuals and their families every week.  Many of us still have friends and loved ones behind bars.  The people we talk to have no use for abstract debates about whether to pass comprehensive or narrow reform, speculative theories about how passing reform today might impact future reform or, worst of all, political gamesmanship.  These families just need some help.  They shouldn’t have to wait any longer.

We also know from our personal experience that meaningful programming, educational, and job training opportunities in the federal system are lacking.  All too often people are warehoused for decades with no hope.  We know that too many parents are incarcerated so far away from their children that they rarely get to visit them — just imagine seeing your kids once or twice a year, if that.  Going without the hugs and kisses of our loved ones for weeks and months was the most difficult part about being in prison.  We know others who have gone for years without that critical physical contact.  We also know that the Federal Bureau of Prisons’ incorrect calculation of good time credit has deprived people of shortening their lengthy prison sentences.  If anyone tells you these reforms are not “real” or “meaningful” to vulnerable families and individuals across the country, they simply don’t know what they are talking about.

Some of many prior related posts:

June 7, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (2)

Tuesday, June 05, 2018

"Open Roads and Overflowing Jails: Addressing High Rates of Rural Pretrial Incarceration"

The title of this post is the title of this new report authored by Marc Levin and Michael Haugen. Here is its executive summary:

The axiom that a person is considered innocent of a criminal act until he or she has been proven guilty is a bedrock principle of the American criminal justice system.  Yet in many jurisdictions, it appears to have been forgotten. The pretrial population of defendants has significantly increased — particularly in rural areas of the country. Jails in smaller jurisdictions are responsible for an outsized share of jail population growth.  Indeed, from 1970 to 2014, jail populations grew by almost sevenfold in small counties but only threefold in large counties.

This paper explores why this growth may have occurred and makes numerous recommendations to reduce pretrial populations, particularly in rural America.  The first place to start is by reducing the number of offenses carrying the potential for arrest and jail time — the overcriminalization of our society must be reversed.  The next step is to restore our historical commitment to individual liberty and the presumption of innocence by following these five guiding principles of pretrial justice policy:

•  There should be a presumption of pretrial release without conditions or cash bond, grounded in the American maxim that people are innocent until proven guilty.

•  Conditions of release, if any, should be the least restrictive to ensure public safety and appearance at trial.

•  Courts — after due process — should have the authority to deny bail in the most serious cases involving highly dangerous defendants after determining that a compelling government interest exists and there are no possible conditions under which the defendant could be released that would reasonably protect public safety and ensure re-appearance.

•  The burden should be on the state to prove the need for conditions of release or denial of bond in an adversarial proceeding where the accused is present.

•  Individual judicial consideration should be required for each accused.

For a host of reasons, ranging from limited resources to dispersed populations, addressing pretrial incarceration in rural areas is a particularly complex undertaking.  Also, there are many moving parts to implementing changes in a deliberate manner that produce sustainable results without unintended consequences.  Ultimately, as rural communities across the country take many different paths to addressing the meteoric rise in rural pretrial incarceration over the last few decades, they must not lose sight of the destination: a constitutional system that produces greater public safety with less collateral damage.

June 5, 2018 in Prisons and prisoners, Procedure and Proof at Sentencing, Scope of Imprisonment, Who Sentences? | Permalink | Comments (5)

Prison Policy Initiative reports on "States of Incarceration: The Global Context 2018" and "States of Women’s Incarceration: The Global Context 2018"

NATO_OH_2018A pair of new reports from the Prison Policy Initiative compares US states to 166 countries on incarceration in order to highlight how each state relies on prisons and jails relative to the rest of the world. These report are titled "States of Incarceration: The Global Context 2018" and "States of Women’s Incarceration: The Global Context 2018." Here are snippets from the first (and clicking through to see the graphics is a must for both):

Oklahoma now has the highest incarceration rate in the U.S., unseating Louisiana from its long-held position as “the world’s prison capital.”  By comparison, states like New York and Massachusetts appear progressive, but even these states lock people up at higher rates than nearly every other country on earth . Compared to the rest of the world, every U.S. state relies too heavily on prisons and jails to respond to crime....

If we imagine every state as an independent nation, ... every state appears extreme.  23 states would have the highest incarceration rate in the world — higher even than the United States.  Massachusetts, the state with the lowest incarceration rate in the nation, would rank 9th in the world, just below Brazil and followed closely by countries like Belarus, Turkey, Iran, and South Africa.

In fact, many of the countries that rank alongside the least punitive U.S. states, such as Turkmenistan, Thailand, Rwanda, and Russia, have authoritarian governments or have recently experienced large-scale internal armed conflicts.  Others struggle with violent crime on a scale far beyond that in the U.S.: El Salvador, Russia, Panama, Costa Rica, and Brazil all have murder rates more than double that of the U.S.  Yet the U.S., “land of the free,” tops them all....

For four decades, the U.S. has been engaged in a globally unprecedented experiment to make every part of its criminal justice system more expansive and more punitive.  As a result, incarceration has become the nation’s default response to crime, with, for example, 70 percent of convictions resulting in confinement — far more than other developed nations with comparable crime rates.

Today, there is finally serious talk of change, but little action that would bring the United States to an incarceration rate on par with other stable democracies.  The incremental changes made in recent years aren’t enough to counteract the bad policy choices built up in every state over decades.  For that, all states will have to aim higher, striving to be not just better than the worst U.S. states, but among the most fair and just in the world.

June 5, 2018 in Prisons and prisoners, Scope of Imprisonment, Sentencing around the world, Who Sentences? | Permalink | Comments (2)

Thursday, May 31, 2018

Fuzzy math and fuzzy logic in criticisms of federal FIRST STEP Act based in state recidivism data

Over at PoweLine, Paul Mirengoff has this extended post trying to make a case against the FIRST STEP Act under the headline "Cold Facts On Recidivism Undermine Case For Leniency Legislation."  I find some of Mr. Mirengoff's posts to be astute even though he relies often on "tough-and-tougher" rhetoric to oppose any possible form of sentencing reform. But this latest effort is full of especially fuzzy work.  Let me explain with some quotes (indented and italicized) followed by my commentary.

Last week, the Department of Justice released an updated study from the Bureau of Justice Statistics (BJS) showing that 83 percent of prisoners released by states are re-arrested within nine years of their release.  44 percent of released state prisoners were arrested during the first year after release, 68 percent were arrested within three years, and 79 percent within six years....  The results of the study should deter the Senate from embracing the FIRST STEP legislation passed by the House just before the BJS figures were published. Indeed, the BJS numbers undermine FIRST STEP in multiple ways. 

First, it is estimated that FIRST STEP would mandate the immediate release of at least 4,000 federal felons before they serve their full sentence. Given the recidivism numbers from the BJS study, we know that a high percentage of the 4,000 will commit crimes during the period during which, absent FIRST STEP, they would be behind bars.

Mr. Mirengoff accurately reports that the BJS study (which I noted in this prior post) concerns state prisoners, though he fails to note these are folks who were released from state prisons in 2005.  From the very outset it is very faulty to assert that recidivism data on state prisoners released in 2005 readily enables us to "know" what federal prisoners released in 2018 will do.

The US Sentencing Commission's most recent report on federal prisoner recidivism, notably, shows a much lower (though still significant) rearrest rate than state prisoners.   Here is how the USSC explains how distinct the federal population is from the state population when running prisoner recidivism numbers:  "Compared to a cohort of state prisoners released into the community in 2005 and tracked by the Bureau of Justice Statistics, federal offenders had a  lower recidivism rate.  BJS found that 76.6 percent of offenders released from state prison were rearrested within five years. The Commission, using a comparable five year follow-up period and including only federal offenders released from prison ... found the recidivism rate for these federal offenders was 44.9 percent." 

Moreover, the estimated 4000 prisoners to be getting earlier release thanks the FIRST STEP Act will be getting out mostly a few weeks or a few months earlier because of getting a little extra credit for good behavior in prison.  The proper statistics suggest, based on the nature of federal prisoners and how limited the FIRST STEP Act really is, that only a quite low percentage "of the 4,000 will commit crimes during the period during which, absent FIRST STEP, they would be behind bars."

Mr. Mirengoff goes on:

Second, the BJS study tells us that the crimes that federal drug felons will commit aren’t confined to drug crimes. According to the study, more than three-quarters (77 percent) of released drug offenders were arrested for a non-drug crime within nine years, and more than a third (34 percent) were arrested for a violent crime.  So much for the argument we hear over and over again from Team Leniency that those incarcerated for drug crimes are “non-violent offenders.”...

Again we have the problem of conflating data on state prisoners with federal prisoners.  But here we have an even bigger logical flaw because the BJS recidivism data does not show that persons who committed state drug crimes really were violent offenders before they went to state prison, rather it shows that they became violent offenders (or, more accurately, were arrested for a violent offense like assault) after spending time in prison.  This actually goes to the heart of the argument for any form of (state or federal) prison reform: we need to do a better job of making prison a place where people become better people not worse criminals.

Mr. Mirengoff continues:

Third, the numbers undermine the rational for FIRST STEP used by certain conservative Senators such as John Cornyn. They argue that some states have made great strides when it comes to rehabilitating prisoners. Thus, the argument goes, statistics about recidivism rates among federal prisoners do not provide a sound basis for opposing sentencing reform, provided the reform also includes corrections reform.  The idea is to bring model state prisoner rehabilitation programs into the federal system. This, it is said, will cause recidivism rates to plummet, making America safe for the early release of federal drug felons and for a reduction of mandatory minimums. The BJS numbers tell us that the states, collectively, are doing no better than the feds when it comes to rehabilitating prisoners. 

But what about “model” states like John Cornyn’s home state of Texas, so often touted by sentencing and corrections reform advocates? It turns out that Texas isn’t doing any better than the feds either.  The numbers that reform advocates use to calculate recidivism in Texas count only re-incarcerations, not re-arrests. By contrast, the federal system measures recidivism by re-arrests (to be sure not everyone arrested has committed a crime but then, not everyone who has committed a crime is arrested). If one compares apples to apples — federal re-arrests to Texas re-arrests — the recidivism rate in Texas is actually higher than the federal rate, according to the National Association of Assistant U.S. Attorneys.  FIRST STEP is thus founded on a fiction — the view that enlightened states have discovered the key to the age-old problem of how to rehabilitate criminals. 

Again, a lack of context concerning time and place and prisoners makes this reasoning faulty.  The BJS data reveal that Texas and other states did a lousy job rehabilitating those prisoners who were released back in 2005 before the modern wave of reforms in Texas or anywhere else.  This Right on Crime posting highlights the reform put in place in Texas starting in 2007, and Texas was really the first state to get started on these types of "modern" reforms.   Data on state prisoners released in 2005 will never prove that state reforms started in 2007 are ineffectual.

Now that all said, neither Texas nor any other jurisdiction has all of a sudden "discovered the key to the age-old problem of how to rehabilitate criminals."  This is an age-old problem because it never has had and never will have an easy or obvious solution.  People and crime are way too complicated for magic bullet solutions.  But what Texas and other states have done, and what the FIRST STEP Act aspires to do, is move forward with reforms that have provide to help at least a little bit with the the age-old problem of how to rehabilitate criminals.  No programming ever can or ever will  miraculously drop recidivism rates to near zero, but Mr. Mirengoff wants that to be the prerequisite to any reforms:

Let’s see recidivism rates plummet on a sustained basis, using apples to apples comparisons, before the first federal prisoner is released early and the first mandatory minimum is reduced.

It would be more direct and more honest if Mr. Mirengoff simply said "Let’s never allow a federal prisoner to be released early or any mandatory minimum to be reduced."

May 31, 2018 in Assessing Graham and its aftermath, Prisons and prisoners, Reentry and community supervision, Sentences Reconsidered | Permalink | Comments (2)

Monday, May 28, 2018

"Cell Phones and 'Excessive Contact': The Contradictory Imperatives Facing California’s Parole-Eligible Lifers"

The title of this post is the title of this new article authored by Nazgol Ghandnoosh now available on-line. Here is its abstract:

A growing literature emphasizes that U.S. correctional systems have remained committed to rehabilitative goals despite their turn toward incapacitation and punishment.  Although past research has documented this commitment in prisons and parole supervision agencies, less is understood about how it is manifested in the discretionary parole release process.

This article explores whether and how parole boards encourage people serving parole-eligible life sentences (“lifers”) to maintain ties to friends and family outside of prison, and the results of such encouragement.  Interviews, ethnographic fieldwork, and parole-hearing transcripts reveal that California’s parole board encourages such rehabilitative ties through comments at parole hearings and through its parole-eligibility criteria.  But to sustain these relationships, some lifers engage in misconduct to bypass restrictive prison policies by using contraband cell phones or engaging in physical contact with visitors that is deemed “excessive.”  When detected, these disciplinary infractions become a stated cause of parole denials.

May 28, 2018 in Prisons and prisoners, Procedure and Proof at Sentencing, Sentences Reconsidered, Who Sentences? | Permalink | Comments (1)

Sunday, May 27, 2018

An (encouraging?) update on the state of federal criminal justice reform in US Senate

The New York Times has this new article, headlined "Why Some Senators Who Want a Criminal Justice Overhaul Oppose a Prisons Bill," reporting on the latest state of debate over federal statutory criminal justice reforms. The report is a bit encouraging, though also a bit worrisome.  Here are highlights:

In a private huddle on Wednesday on the Senate floor, a group of senators corralled Senator Mitch McConnell, Republican of Kentucky and the majority leader, and asked for time for a last-ditch negotiation to try to find an acceptable compromise.  Quite rightly, backers of changes in mandatory minimum laws fear that this may be the only chance for years to push a major criminal justice measure through Congress and that sentencing revisions — a more politically difficult lift — will languish if legislation aimed at reducing prison recidivism becomes law on its own.

“You don’t get many opportunities around here to do anything meaningful or substantive,” said Senator Richard J. Durbin, Democrat of Illinois and a chief author of the sentencing provisions. “Let’s not waste this one. Let’s get this right.”

Mr. Durbin has a powerful ally in Senator Charles E. Grassley, Republican of Iowa and the chairman of the Judiciary Committee. Mr. Grassley came around slowly to sentencing changes, but once he got on board, he has been committed. He warned again last week that no criminal justice measure can pass the Senate without new flexibility in mandatory minimum sentences. “It’s the right thing to do,” Mr. Grassley said in a speech.

Mr. McConnell could try to go around Mr. Grassley and advance the House measure, which passed 360 to 59.  It allocates $50 million a year over five years for job training, education and mental health and drug treatment, and provides incentives for prisoners to take part in the programs.  But Mr. Grassley has been Mr. McConnell’s dedicated partner in pushing judicial nominations through the Senate — and in blocking President Barack Obama’s Supreme Court nomination of Merrick B. Garland in 2016.  His opposition would be an embarrassing obstacle.  Not to mention that Mr. McConnell is not that keen on criminal justice legislation in general, and he would probably be reluctant to provoke a midterm election season battle over a measure for which he has little personal enthusiasm. He refused to put the broad prison and sentencing bill to a vote in the last Congress despite bipartisan support because of objections from conservatives, including Senator Jeff Sessions, who is now the attorney general.

In his meeting on the floor with senators including Mr. Durbin, Mr. Grassley and John Cornyn of Texas, the No. 2 Senate Republican and a chief sponsor of the prison bill, Mr. McConnell was noncommittal but left open the prospect of moving ahead with a bill if an agreement could be reached.  “I said, ‘Look, guys, if you all can get your act together and come up with something that you’re comfortable with, that the president will sign, I’d be willing to take a look at it,’ ” Mr. McConnell said in an interview with The New York Times. But he said he was not interested in wasting the Senate’s time.

“What I’m not willing to do, just to refresh your memory from a couple of months ago, is have a freewheeling debate like we did on immigration for a whole week,” Mr. McConnell said. “We squandered a week and nothing happened. So I’m in the business of trying to make a law, not make a point.”

Mr. Durbin and other Senate backers of the sentencing changes believe they can make some relatively modest additions to the prison legislation to achieve some but not all of their goals.  They are focused on narrowing the definition of crimes that can prompt long mandatory minimum sentences for nonviolent drug crimes and on cutting the length of some of the required sentences.  They say that such changes would have a much more consequential effect on easing the United States’ mass incarceration than solely focusing on recidivism. “We might not get everything we want, but there is some sentencing reform we can achieve with this bill,” said Senator Mike Lee, Republican of Utah.

But others believe that throwing sentencing provisions into the mix will kill the prison bill, particularly with the midterm elections looming.  The sentencing changes have previously proved an impossible sell to conservative Republicans who believe the reductions in mandatory minimums make them look soft on crime.  It was that previous divide that kept Mr. McConnell from moving ahead with the more comprehensive version.

Backers of the prison bill, which is titled the First Step Act, say that Congress should take what it can get immediately and continue to press ahead on the more challenging sentencing changes. “The First Step Act is not the end,” said Representative Hakeem Jeffries, Democrat of New York and an author of the measure. “It’s not even the beginning of the end. It’s simply the end of the beginning on a journey undertaken to eradicate our mass incarceration epidemic in America.”

Those pursuing a more comprehensive approach say that the consideration of the prison bill alone could doom their efforts because it will allow lawmakers and the White House to claim they acted on criminal justice without getting at the real issue.  “It is one thing to say we are going to open the door an inch wider for those wanting to leave prison while ignoring the fact that they are flooding in through the front door,” Mr. Durbin said.

Senators now have what appears to be a slight opening to fashion a compromise they can try to sell to skeptical and resistant colleagues.  If they fail, proponents of the prison legislation will no doubt begin clamoring for action on their measure, setting up a showdown with the originators of the criminal justice system proposal over what constitutes true reform.

Some of many prior related posts:

UPDATE:  This new commentary authored by Derek Cohen, headlined "Prison reform is worth fighting for in the Senate," makes the case for the FIRST STEP Act. Eugene Robinson has authored this distinct commentary making a somewhat different pitch for the bill under the headline "Prison reform bill isn't perfect, but it's a First Step."

May 27, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Mandatory minimum sentencing statutes, Prisons and prisoners, Who Sentences? | Permalink | Comments (1)

Friday, May 25, 2018

Explaining the sudden resignation last week of federal Bureau of Prisons chief

As reported in this post last week, Mark Inch, the director of the federal Bureau of Prisons abruptly resigned on the very day that the White House was having a big event promoting prison reform.  Now the New York Times has this big article explaining why under the headline "Turf War Between Kushner and Sessions Drove Federal Prisons Director to Quit." Here are excerpts: 

When Jared Kushner hosted a high-profile summit meeting on federal prison reform at the White House last Friday, some in attendance noticed that the man who was ostensibly in charge of the federal prison system, Mark S. Inch, a retired Army major general, was nowhere in sight.

Only Mr. Kushner and a few others knew that Mr. Inch, a genial former military police commander appointed to oversee the Federal Bureau of Prisons and its more than 180,000 inmates just nine months ago, had two days earlier submitted his resignation as the bureau’s director to Deputy Attorney General Rod J. Rosenstein. By the time President Trump entered the East Room, Mr. Inch had already been ordered to vacate his office and had begun packing up books and memorabilia from his 35-year military career.

Mr. Inch told Mr. Rosenstein he was tired of the administration flouting “departmental norms.” And he complained that Attorney General Jeff Sessions had largely excluded him from major staffing, budget and policy decisions, according to three people with knowledge of the situation. Mr. Inch also felt marginalized by Mr. Kushner, the president’s son-in-law and senior adviser, in drafting prison reform legislation, the officials said.

He found himself caught in an ideological turf war between Mr. Kushner and Mr. Sessions. Mr. Kushner has championed reforms to the corrections system and more lenient federal sentencing, and Mr. Sessions, a law-and-order conservative and former Alabama attorney general, has opposed significant parts of the bipartisan prison reform bill that Mr. Kushner backs, according to officials.

Mr. Kushner, with the president’s support, has been pushing prison reform legislation meant to reduce recidivism by incentivizing inmates — with the possibility of early release to halfway houses or home confinement — to take part in job training and other rehabilitation programs. Early in the administration, Mr. Kushner and Mr. Sessions came to an agreement, according to a former administration official involved in their talks. Mr. Kushner would press ahead with prison reforms but avoid a politically divisive issue he cared even more strongly about, sentencing reform, which the attorney general and Senator Mitch McConnell, the majority leader, both adamantly oppose.

But Mr. Sessions, not Mr. Kushner, controls the prison bureau. And he has quietly worked to ensure that any reforms that might be seen as excessively lenient toward inmates are put into place only after time-consuming study, according to officials....

But some see Mr. Inch’s exit as an opening for Mr. Trump to take a more sweeping approach that would include sentencing reform — one of the few issues that offer him a chance for the kind of big, bipartisan deal he promised during the 2016 campaign. “The rap against General Inch is that he wasn’t a real reformer. In that sense, his departure is an opportunity,” said Kevin Ring, president of Families Against Mandatory Minimums, a Washington-based advocacy organization that is broadly supportive of Mr. Kushner’s reform efforts. “There’s a real struggle going on now about whether or not to reform the bureau, and it was increasingly clear that he wasn’t in a position to reform that agency.”...

Two senior White House officials said Mr. Kushner made a point of inviting Mr. Inch to meetings on the proposed legislation, but Mr. Sessions and his staff often sent other officials in his place. “The attorney general firmly stands behind the principles of prison reform,” said Sarah Isgur Flores, a spokeswoman for Mr. Sessions. “On this specific bill, we have worked closely with the team to offer suggestions that we believe will protect safety and improve rehabilitative outcomes.”...

For now, the Bureau of Prisons will be run by its former assistant director, Hugh J. Hurwitz, a career bureau official. Mr. Sessions was taken by surprise when Mr. Inch resigned and has not begun his search for a permanent successor, according to a Justice Department official.

Even without some form of prison reform legislation passing, the leader of the Bureau of Prisons is in a very important position for any and every federal defendant sentenced to any period of incarceration.  Who AG Sessions seeks to install in that role becomes even more important if (and I hope when) some form of federal prison reform gets enacted in the coming months.

May 25, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (1)

Thursday, May 24, 2018

"The Company Store: A Deeper Look at Prison Commissaries"

The title of this post is the title of this notable new report from the folks at the Prison Policy Initiative.  This press release describes the report as a "first-of-its-kind data analysis [of] the economics of prison commissaries in three states."  Here is how the report gets started:

Prison commissaries are an essential but unexamined part of prison life.  Serving as the core of the prison retail market, commissaries present yet another opportunity for prisons to shift the costs of incarceration to incarcerated people and their families, often enriching private companies in the process.  In some contexts, the financial exploitation of incarcerated people is obvious, evidenced by the outrageous prices charged for simple services like phone calls and email.  When it comes to prison commissaries, however, the prices themselves are not the problem so much as forcing incarcerated people — and by extension, their families — to pay for basic necessities.

Understanding commissary systems can be daunting.  Prisons are unusual retail settings, data are hard to find, and it’s hard to say how commissaries “should” ideally operate.  As the prison retail landscape expands to include digital services like messaging and games, it becomes even more difficult and more important for policymakers and advocates to evaluate the pricing, offerings, and management of prison commissary systems.

To bring some clarity to this bread-and-butter issue for incarcerated people, we analyzed commissary sales reports from state prison systems in Illinois, Massachusetts, and Washington.  We chose these states because we were able to easily obtain commissary data, but conveniently, these three states also represent a decent cross section of prison systems, encompassing a variety of sizes and different types of commissary management.  We found that incarcerated people in these states spent more on commissary than our previous research suggested, and most of that money goes to food and hygiene products.  We also discovered that even in state-operated commissary systems, private commissary contractors are positioned to profit, blurring the line between state and private control.

Lastly, commissary prices represent a significant financial burden for people in prison, even when they are comparable to those found in the "free world."  Yet despite charging seemingly "reasonable" prices, prison retailers are able to remain profitable, which raises serious concerns about new digital products sold at prices far in excess of market rates.

May 24, 2018 in Prisons and prisoners, Who Sentences? | Permalink | Comments (2)

Wednesday, May 23, 2018

Disconcerting updated data on state prisoner recidivism from the Bureau of Justice Statistics

The Bureau of Justice Statistics has just released this notable "Special Report" that updates its data on criminal justice interactions of a huge cohort of state prisoners released in 2005.  This new report is titled "2018 Update on Prisoner Recidivism: A 9-Year Follow-up Period (2005-2014)." Here is how the document get started:

Five in 6 (83%) state prisoners released in 2005 across 30 states were arrested at least once during the 9 years following their release. The remaining 17% were not arrested after release during the 9-year follow-up period.

About 4 in 9 (44%) prisoners released in 2005 were arrested at least once during their first year after release. About 1 in 3 (34%) were arrested during their third year after release, and nearly 1 in 4 (24%) were arrested during their ninth year.

This report examines the post-release offending patterns of former prisoners and their involvement in criminal activity both within and outside of the state where they were imprisoned.  The Bureau of Justice Statistics analyzed the offending patterns of 67,966 prisoners who were randomly sampled to represent the 401,288 state prisoners released in 2005 in 30 states.  This sample is representative of the 30 states, both individually and collectively, included in the study (see Methodology).  In 2005, these 30 states were responsible for 77% of all persons released from state prisons nationwide.

There is lots more data in this report, and the data I always want to look at closely in there recidivism settings is what type of crime or activity led to re-arrest for these released prisoners. It appears, if I am reading the data correctly, that rearrests were significantly more common for drug or property crime than for violent crime. But still the data show a significant number of rearrests for violent crimes.

As is true for any detailed criminal justice data, these latest recidivism numbers can be spun in support of all sorts of sentencing argument. Some can say (and some surely will say) that disconcerting recidivism data shows why it is so important to enact meaningful sentencing and prison reform at all levels. Others can say (and surely will say) that disconcerting recidivism data shows why any reduction in prison sentences will result in more crime sooner.

May 23, 2018 in Data on sentencing, Detailed sentencing data, Offender Characteristics, Prisons and prisoners, Reentry and community supervision | Permalink | Comments (8)

Tuesday, May 22, 2018

FIRST STEP Act passes US House of Representatives by vote of 360-59(!), but its fate in Senate remains uncertain

The prospect of at least partial federal statutory criminal justice reform got that much brighter this afternoon when the US House of Representatives voted overwhelmingly in favor of the FIRST STEP Act.  The vote was 360-59, with Republicans voting 226 to 2 in favor of the bill (not doubt in part because of Prez Trump's strong advocacy for prison reform), and Democrats voting 134 to 57 in favor of the bill. Democratic opposition was certainly based on the failure of the bill to include any sentencing reforms, and this Reason article highlights why this reality might bode ill for the bill's prospects in the Senate.  The Reason piece has this fitting headline: "Prison Reform Bill Passes The House; Is Prison Reform Dead? The House passed a major, bipartisan prison reform bill backed by the White House, but it’s being attacked from all sides."  Here are excerpts:

The House passed legislation that would introduce several significant reforms to the federal prison system today, but the bill's future is uncertain and its passage has openly divided a criminal justice coalition that has worked together, at least in public, for the past several years.

The FIRST STEP Act, which includes a number of substantive changes to the federal prison and reentry system, passed by a vote of 360-59 and now goes to the Senate, but advancing to the White House is not a sure thing. Democrats are split on it, old-school conservatives are drumming up opposition from law enforcement groups, and progressive advocacy groups are attacking it from the left. Sen. Chuck Grassley (R-Iowa), the chair of the Senate Judiciary Committee and the Republican pointman on criminal justice reform, says the bill is dead in the water unless it includes major reforms to federal sentencing law as well.

Trying to keep the whole thing from falling apart are a bipartisan group of House members, the White House—where prison reform has been a priority for President Trump's son-in-law and senior adviser Jared Kushner—and criminal justice groups who say some progress is better than none.

"I think unfortunately there are groups that would like to see sentencing reform happen right now and are not willing to settle for less," says Jessica Jackson Sloan, co-founder of #Cut50, a group that works to lower the U.S. prison population. "In some ways it's strategic because they helped us to make this bill as good as it can be, but at this point it's splitting the Democrat vote and we need a strong show of support to have this taken up in the Senate."...

The bill has sharply divided Democrats. On one side is Rep. Hakeem Jeffries (D-N.Y.), the bill's co-sponsor, and others who say it would provide better conditions and the possibility of earlier release for the roughly 180,000 inmates serving time in federal prison. "Any objective reading of this bill is that it will improve inmates' quality of life," Jeffries said on the House floor prior to the vote.

On the other side are Democrats who say the good provisions in the bill are outweighed by core concerns over how the overcrowded, underfunded Bureau of Prisons system would handle the new programs and changes. In a "dear colleague" letter released last week, Sen. Dick Durbin (D-Ill.), Sen. Cory Booker (D-N.J.), Sen. Kamala Harris (D-Calif.), Rep. John Lewis (D-Ga.), and Rep. Sheila Jackson-Lee (D-Tx.) wrote that the reforms would fail without broader sentencing reforms....

Meanwhile in the Senate, Grassley and a bipartisan group of co-sponsors are pushing the Sentencing Reform and Corrections Act, which includes reductions to federal mandatory minimum sentences. The bill is the result of years of negotiation between Senate Republicans and Democrats, and the lead negotiators don't want to see their work languish.

"With the President's encouragement, I believe we can reach a deal on criminal justice reform," Grassley said in a statement Tuesday. "For that deal to pass the Senate, it must include sentencing reform. This is necessary for practical as well as political reasons."

However, sentencing reform is a non-starter for the White House, where Attorney General Jeff Sessions — a staunch opponent of criminal justice reforms — holds sway....

For supporters of the bill, the last few months have felt like an unending game of whack-a-mole. "One obstacle pops up and you knock it down," says Holly Harris, Executive Director at the U.S. Justice Action Network. "This has been a delicate dance from the beginning.  I think this will be the most well-vetted bill that Congress has seen in years. It's been a long time coming, and those who stand in the way of progress, those will be the losers in this situation."

Some of many prior related posts:

May 22, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (1)

Monday, May 21, 2018

On eve of planned House vote on FIRST STEP Act, NY Times editorial misguidedly asserts a "partial bill could end up being worse than nothing"

The on-going debate over competing proposals for federal statutory criminal justice reform continues to fascinate me, but I am getting ever more troubled by suggestions from certain folks that the FIRST STEP Act is so bad and that the Sentencing Reform & Corrections Act is a so much better.  This new New York Times editorial, headlined "The Right Way to Fix the Prisons," reflects this thinking, and here are excerpts with passages stressed that particularly concern me:

For more than a decade, states of every political hue — from Texas and Louisiana to Connecticut and California — have been overhauling their criminal justice systems, to reverse the effects of decades of harsh and counterproductive policies.  But Congress has watched this revolution from the sidelines, thanks to reactionary lawmakers, including Mr. Sessions when he was in the Senate.  Comprehensive federal legislation has been foiled again and again, as states forge ahead, reducing both prison populations and crime rates through bipartisan reforms....

One bill backed by the White House, known as the First Step Act, would improve some prison conditions and help smooth the path to re-entry for people behind bars. It would, for example, require that inmates be housed within 500 miles of their families, prohibit the brutal but disturbingly common practice of shackling pregnant women and expand rehabilitative programs in which prisoners can participate to earn good-time credits.  These are all important and long-overdue fixes to existing law.

But the bill would leave it up to individual prison wardens to decide who gets to use their credits and when, which means inmates would be treated differently based on where they’re locked up.  The bill also restricts early release to halfway houses, even though as many as 40 percent of people behind bars pose no risk to public safety, according to a study by the Brennan Center for Justice, and would do fine with less intensive oversight, such as electronic monitoring.  On top of that, federal halfway houses are so underfunded that even inmates who are eligible for immediate release can’t go anywhere, because there aren’t enough beds available.

The biggest problem with the First Step Act, however, isn’t what’s in it; it’s what’s left out.  Specifically, sentencing reform.  Harsh sentencing laws passed in the 1980s and 1990s, like mandatory minimums of 10 or 20 years even for low-level drug crimes, have been among the main drivers of the nation’s exploding prison population....

Mr. Grassley is sponsoring the Sentencing Reform and Corrections Act, which would reduce the harshest sentences for nonviolent drug crimes and give judges more discretion to issue lighter sentences.  The bill nearly passed Congress in 2016, only to be killed by then-Senator Jeff Sessions.... Mr. Grassley’s bill has the support of top senators of both parties, as well as law-enforcement leaders and the Leadership Conference on Civil and Human Rights, a coalition of more than 200 civil-rights organizations.  It’s not perfect, but it’s far preferable to the First Step Act, which could get a vote in the House as soon as this week.

Meanwhile, liberal backers of the First Step Act, like Representative Hakeem Jeffries, the New York Democrat who is sponsoring the bill, argue that it’s better than nothing, especially in the current political environment. “We have a Republican president. Republicans control the House of Representatives and the Senate,” Mr. Jeffries wrote in letter to his colleagues on Friday. “Those are the facts.”

He’s right.  And yet a partial bill could end up being worse than nothing, especially if its benefits don’t live up to expectations, and if Congress, which has many other pressing matters to attend to, decides it’s had enough of the topic.  “Get a bill to my desk,” Mr. Trump said on Friday. “I will sign it.” If he means this, and if he genuinely cares about reforming the federal justice system, he’ll demand a bill that addresses the system’s most pressing problems.

Though this Times editorial references Rep. Hakeem Jeffries' extended letter defending the FIRST STEP Act, I wonder if the details of this important missive was fully understood.  That letter highlights that many of the prison reform provisions are MUCH improved in the FIRST STEP Act as compared to the SRCA.  Of particularly importance, the FIRST STEP Act includes the "Good Time Credit" fix, which serves functionally as a 2% across the board cut to prison terms for all current and all future federal prisoners.  There is no proper way to claim that a permanent and retroactive 2% cut in all federal prison terms "could end up being worse than nothing."  Moreover, it bears noting that the SRCA is anything but major sentencing reform, as it is only forecast to impact less than 5% of all cases annually under the US Sentencing Commission's estimates.  

In other words, the SRCA offers a worse version of prison reform cobbled together with a weak version of sentencing reform.  Even on the substantive merits, I am not sure I would prefer SRCA to the FIRST STEP Act.  (And of course, Congress has been trying to pass variant on the SRCA for now nearly half a decade to no avail.)   Most critically, the passage of the SRCA would be much more likely to bring what the NY Times fears, namely a reform bill that does not live up to expectations and yet allows Congress to feel it can move on after having done something "comprehensive."  In contrast, the FIRST STEP Act, if passed, will be in both name and spirit just what is needed here: a real improvement that is widely understood as only the first of many needed steps toward fixing a deeply flawed federal sentencing and prison system.

Some of many prior related posts:

UPDATE: This Politico article from Monday night, headlined "Trump-backed prisons bill DOA in the Senate," suggests that neither the FIRST STEP Act or the SRCA has much of a chance to make it through the Senate no matter what happens in the House.  Though the headline of this Politico piece is disconcerting, the full article is not quite so pessimistic and reinforces that Judiciary Chair Senator Chuck Grassley and Senate Leader Senator McConnell are the critical players for the future of any federal statutory criminal justice reforms for the foreseeable future. 

May 21, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Reentry and community supervision, Who Sentences? | Permalink | Comments (5)

"President Trump supports prison reform"

85940444-fb0b-4222-9893-8d947ed60a7f (1)The title of this post is the heading of the lead item on "1600 Daily," the daily promotional email coming from the White House.  Here is what appears under the heading:

Crime imposes a significant burden on Americans' well-being and taxpayer-financed resources. These costs are amplified by re-arrest rates for released American prisoners that exceed 50 percent. Many programs have been tried to reverse this trend over the past few decades. Some of them work; some don't.

President Donald J. Trump supports prison reform legislation that builds on evidence-based programs to reduce prisoner recidivism rates. The President has called on Congress to help former inmates who have completed their sentences to have a second chance to become contributing members of society.

The White House hosted a summit on prisons last week. "Prison reform is an issue that unites people from across the political spectrum," President Trump said. "It's an amazing thing. Our whole nation benefits if former inmates are able to reenter society as productive, law-abiding citizens."

Learn how President Trump wants to fix America's prison system.

WatchHighlights from the President's remarks at the White House summit

This Fact Sheet (which is the first link above) strikes me as a reasonably detailed statement of reasonably progressive federal prison reforms (e.g., there is discussion of the need to "Expand access to prison work programs to allow all eligible inmates who want to work to gain job skills while incarcerated and prepare for successful reentry into society" and "Allowing BOP to place low-risk offenders in home confinement for the maximum amount of time permitted when appropriate" and "Requiring BOP to make female-healthcare products available for female prisoners").  I would be eager to hear from experts who are especially informed about prison reform and the federal system as to what particular prison reforms they see missing from these White House talking points.

Of course, criminal justice reform advocates are rightly troubled by this Administration's disaffinity for any front-end sentencing reforms.  The Fact Sheet notable states: "Rather than lowering sentences, the President supports reforms that empower prisoners participating in recidivism-reducing programming to obtain 'earned-time' credits."  I am not sure if this statement intimates that Prez Trump would veto a bill that included sentencing reforms, but I am sure this statement accounts from why so many GOP leaders are much more bullish on the FIRST STEP Act than on the SCRA.  

Some of many prior related posts:

May 21, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (0)

Sunday, May 20, 2018

Vera Institute of Justice reports on "People in Prison 2017"

Via this web page and this document, the Vera institute of Justice has now providing a valuable new "up-to-date view of the number of people in state and federal prisons." Here is the summary of their efforts from the print document:

Effective advocacy and policy making require up-to-date information. Vera Institute of Justice (Vera) researchers collected data on the number of people in state and federal prisons on December 31, 2017 to provide timely information on how prison incarceration is changing in the United States.  This report fills a gap until the Bureau of Justice Statistics (BJS) releases its next annual report — likely in late 2018 or early 2019 — which will include additional data, such as population breakdowns by race and sex.

At the end of 2017, there were an estimated 1,489,600 people in state and federal prisons, down 15,800 from yearend 2016 (1 percent decline).

There were 1,306,300 people under state prison jurisdiction, 9,900 fewer than in 2016 (0.7 percent decline); and 183,300 in the federal prison system, 5,900 fewer than in 2016 (3.1 percent decline).  The prison incarceration rate in the United States was 457 people in prison per 100,000 residents, down from 465 per 100,000 in the previous year, representing a 1.8 percent drop. (See Figure 1.)  This brings the rate of prison incarceration down 14 percent since its peak in 2007.

The overall decline in the national prison incarceration rate was driven by the large decrease in the number of people in federal prisons, as well as greater than 5 percent declines in several states with large prison populations, such as Illinois, Louisiana, and Maryland.  However, the declines were not universal.  Mass incarceration is still on the rise in some states, such as Kentucky and Tennessee.  (See Table 1 for a summary of the jurisdictions with the highest and lowest prison population counts, rates, and percent changes from 2016.)

In addition to this summery, this document has a bunch of clear and informative charts with total prison populations and rates and changes for every state and region from 2007 to 2017.

May 20, 2018 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (1)

Saturday, May 19, 2018

Interesting discussions of new prison units dedicated to offenders who are veteran

The start of this local article, headlined "Allegheny County Jail designates cell block for inmates who are veterans," really struck me:

The new veterans pod at the Allegheny County Jail made David Francis feel welcome in a way he didn't experience when returning from Vietnam.  “(The pod) gives veterans hope where there hadn't been any,” Francis said.  “We were not liked when we came back from Vietnam.  We weren't welcomed in coming home.  It wasn't like other wars.  So this is a blessing.”

Here is more from the piece:

An American flag and other patriotic images are also painted near the pod's entrance — the work of three inmates over the weekend. The paintings are the only visual difference between the pod and others in the jail. It consists of two levels of cells in a circle surrounding a common area, where jail and county officials held a news conference Monday.

The difference, though, will be the specialized services offered to veterans, as well as a chance to interact with their fellow veterans on a daily basis. “We decided we need to do something for the veterans in our facility and prepare them for a successful re-entry into society,” said Warden Orlando Harper, an Army veteran himself.

At least 86 prisons and jails across the country have pods designated for veterans. Many of them have been created in the past five years, according to an Associated Press report in January. Nationally, veterans account for about 8 percent of all inmates....

Placing many of the jail's veterans all in one place makes it easier for organizations to serve them, as well as less costly for the county, officials said. “We want more veterans assistance programs,” Harper said. Many have already committed to participate.

The Allegheny Intermediate Unit will offer workforce literacy classes, including help with cover letter and resume writing, according to a county news release. Veterans Administration Veterans Justice Outreach will help the inmates apply for enrollment in the VA health care system, discuss treatment options and legal issues, along with presentations on post-traumatic stress, suicide prevention and job opportunities.

Organizations Soldier On; PAServes; the Veterans Leadership Program; the Duquesne School of Nursing; and Veterans Thinking for Change-Pittsburgh Mercy also have committed to providing services.

The AP article referenced above is available at this link and reports on some encouraging data emerging from this form of prison reform:

Inmates and officials say the Albany pod is cleaner and less troublesome than other tiers. When a guard was attacked here in 2016 by an inmate from another unit, the pod inmates ran from across the common area to the guard’s aid.

“We send all these young men and women overseas and when they come back, a lot of them with PTSD, domestic violence, drug issues,” said Albany County Sheriff Craig Apple, who started the veterans pod more than three years ago. “And I just felt we could have treated them better or done something for them.”

Apple said 6 percent of the roughly 331 participating veterans in Albany over the years have returned to jail, far better than the typical jail recidivism rates of more than 40 percent.

It helps that Soldier On also provides post-release services like housing.  So when Tommy Hartmann was released from the Albany jail last year after 90 days he had a place to go. The 29-year-old Army veteran moved into Soldier On’s transitional housing in Leeds, Massachusetts. He also got a job with Soldier On, on the resident staff.

When the group helped serve a holiday meal recently, Hartmann returned to his old block to chat up inmates he knew. This time he wore khakis and a tie. And he got to go home at the end of the night. “They set me up to succeed when I got out,” Hartmann said before his visit. “Rather than just sitting on the tier, playing cards, watching TV, doing pushups, whatever, I was doing positive stuff toward my recovery and becoming a better part in society.”

These stories lead me to want to call modern prison reform efforts another important way to support our troops.

May 19, 2018 in Offender Characteristics, Prisons and prisoners, Reentry and community supervision | Permalink | Comments (0)

Friday, May 18, 2018

Head of federal Bureau of Prisons abruptly resigns

As reported in this USA Today article, headlined "Federal prisons chief Mark Inch abruptly resigns from job he took over in September," while Prez Trump and others today at the White House were discussing federal prison reform, the head of the federal prison agency surprisingly resigned. Here is the story and possible backstory:

Mark Inch, the director of the embattled federal Bureau of Prisons, abruptly announced his resignation Friday, the Justice Department announced Friday. There was no immediate reason provided for the departure of Inch, who had just assumed leadership of the country's largest detention system in September.

In a brief statement, Attorney General Jeff Sessions thanked Inch for his service wished him "luck in his future endeavors." The attorney general did not elaborate. As director, Inch oversaw 122 detention facilities, 39,000 staffers and 186,000 inmates.

Inch’s resignation also comes as the White House was staging a summit Friday on prison reform. There, White House senior adviser and President Trump's son-in-law Jared Kushner commended Inch for his work on the Federal Inter-agency Reentry Council, though it was not clear whether he was aware of Inch's resignation. "We're working on the reentry commission, where the new director of the Bureau of Prisons, General Inch, has been working with Attorney General Sessions to look at all the different changes they can make in the prisons,” he said.

Hugh J. Hurwitz, assistant director of the BOP’s Reentry Services Division, will serve as acting director, Sessions said.

For the last year, the Bureau of Prisons has been the focus of a review by the House Oversight and Government Reform Committee, which has been examining allegations of sexual harassment, management retaliation against staffers and staffing shortages. Those shortages have routinely thrust nurses, teachers, food service workers and others to take up guard duty in under-staffed prison yards and solitary confinement wings.

Hundreds of non-custodial staffers were tapped last year to fill guard posts across the Bureau of Prisons because of acute officer shortages and overtime limits, according to prison records reviewed by USA TODAY and staff interviews. The moves were made despite repeated warnings that the assignments placed unprepared employees at risk. And the practice has continued for years even though the agency has been rebuked by Congress and federal labor arbitrators....

According to his Justice biography, Hurwitz began his career with the BOP as a law clerk in the Office of General Counsel in 1988. He went on to serve in three other agencies before returning to the BOP in 2015 as the senior deputy assistant director of the Information, Policy and Public Affairs Division.

May 18, 2018 in Prisons and prisoners, Who Sentences? | Permalink | Comments (6)

Prez Trump pledges to sign prison reform that will be "best in the world"

As reported in this CBS News piece, both President Trump and Vice President Mike Pence spoke at a prison reform summit the White House this morning. Here are some of the details:

Pence, taking to the podium, called prison reform a top priority for the Trump administration. Pence said the current prison system "too often" misses an opportunity to help improve people's lives, and instead just makes American communities more dangerous. Pence said the Trump administration will continue to hold accountable those who break the law, but also recognize that too many ex-offenders feel they have nowhere else to turn once they leave prison, and return to crime. "Prison reform is about changing lives, and about changing communities," Pence said.

The White House has hosted such discussions before, although not in such a large summit. But the reforms Mr. Trump's administration has floated before mostly entailed better preparing inmates for reentry and reducing recidivism rates, not the sentencing reform that liberals and some conservatives have hoped for in recent years. Trump son-in-law and senior adviser Jared Kushner, who has made prison reform a top issue in his portfolio, said Mr. Trump is "all in" on prison reform, but explained why the White House's focus is narrow for now.

"Sentencing reform is something that people still have different opinions on," Kushner said, noting how Washington has been unable to come to a consensus on the matter for years. Kushner said he thinks the country's system of governance works well, and requires intense deliberation on pivotal issues like prison reform.

I was able to hear live a few of the comments by Prez Trump, and he pledged to sign the prison reform bill Congress delivered to him and he closed by asserting, in Trumpian fashion, that the prison reforms would be the "best in the world." People who know about prisons around the world, particularly in Scandinavia and other part of Europe, surely realize that Prez Trump is setting quite a high bar for US prison reform. But I was please to hear him make this commitment and continue to be hopeful that the energized support of the Trump Administration helps ensure that at least some form of federal criminal justice reform becomes a reality this year.

May 18, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (7)

Thursday, May 17, 2018

Updated accounting of America's aging prison population

In this post four years ago, I spotlighted a notable white paper from The Osborne Association titled ""The High Costs of Low Risk: The Crisis of America’s Aging Prison Population." Today, via this Crime Report piece, I see that a new version of this paper is available at this link.  Here is the start of the Crime Report's review of its coverage:

At least one-third of the U.S. prison population will be over 50 by 2030, according to a white paper released Thursday by the Osborne Association.

The association, a New York-based advocacy group that works with justice-involved people and their families, cited figures showing that even as states are working to reduce prison populations, the number of older adults in prison and jail is projected to grow by a “staggering 4,400 percent” in the 50-year period between 1980 and 2030—to an estimated 400,000 people.

According to statistics quoted by the researchers, adults over 50 comprised just three percent of the total incarcerated population in 1993, representing 26,300 individuals.

“Justice isn’t served by keeping elderly people locked up as their bodies and minds fail them and they grow infirm and die,” said Elizabeth Gaynes, president and CEO of the Osborne Association, which advocates for improved conditions in prisons and jails, better discharge planning, and expanded compassionate release of the elderly and infirm. “It’s both inhumane and inefficient.”

According to the report, entitled “The High Cost of Low Risk: The Crisis of America’s Aging Prison Population,” extreme sentences doled out during the tough- on-crime era, as well as limited mechanisms for compassionate release, have driven what is now a costly and inhumane crisis that the corrections system is unequipped to manage.

The medical costs of caring for a burgeoning elderly population behind bars alone will add to the strains of resource-strapped corrections systems, many experts have said. According to data analyzed by the American Civil Liberties Union, it costs twice as much to incarcerate someone over 50; in some cases, it may cost up to five times more when medical costs are added.

Between 40 percent and 60 percent of prisoners over 50 have some type of mental illness or cognitive impairment, according to data from the Bureau of Justice Statistics. Some prisons are setting up makeshift hospice wings and opening nursing wards for people with serious cognitive degeneration.

Elsewhere, inmates suffer from such pronounced dementia that they are unable to follow rules, and may not remember why they are incarcerated. For many with cognitive, visual, or hearing loss, a diminished capacity leads to behaviors that are mistaken for disobedience, subjecting them to punishments such as solitary confinement.

Prisons were never designed to be geriatric care facilities and this surging elder incarceration comes at a high cost,” wrote the authors of the Osborne report. At the same time, research by the Pew Center on the States shows that incarcerated people over 50 pose little public safety risk, and have the lowest recidivism rate as any other inmate demographic.

May 17, 2018 in Offender Characteristics, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (15)

Wednesday, May 16, 2018

"Will the Supreme Court Scrutinize Solitary Confinement? One Justice Offers a Map"

The title of this post was the headline of this Sidebar piece by Adam Liptak in yesterday's New York Times.  Here are excerpts:

Justice Anthony M. Kennedy is a fierce critic of solitary confinement. “It drives men mad,” he said in 2015 at Harvard Law School.  He attacked the practice in a 2015 concurring opinion. “Years on end of near total isolation exact a terrible price,” he wrote, noting that “common side effects of solitary confinement include anxiety, panic, withdrawal, hallucinations, self-mutilation, and suicidal thoughts and behaviors.”

Justice Kennedy concluded that opinion with an unusual request, inviting lawyers to file appeals challenging the constitutionality of prolonged isolation.  The requested appeals arrived, but the Supreme Court has so far turned them down.  The court, which typically moves in measured increments, may not want to take on a question as broad as whether extended solitary confinement is cruel and unusual punishment barred by the Eighth Amendment.

But the court will soon consider whether to hear appeals raising a much narrower question: Do prisoners held in solitary confinement have a right to regular outdoor exercise?

As it happens, Justice Kennedy has already answered that question.  Almost 40 years ago, not long after he became a federal appeals court judge, he wrote that prisoners held in solitary confinement have a constitutional right to a little fresh air once in a while.

“Some form of regular outdoor exercise is extremely important to the psychological and physical well being of the inmates,” he wrote in 1979 for a unanimous three-member panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco. “It was cruel and unusual punishment for a prisoner to be confined for a period of years without opportunity to go outside except for occasional court appearances, attorney interviews and hospital appointments.”

Justice Kennedy, who joined the Supreme Court in 1988, may now have the opportunity to establish that principle nationwide.  The new appeals were filed by several prisoners in Colorado. One of them, Donnie Lowe, 46, has spent almost his entire adult life in various prisons for various offenses.  He was held in solitary confinement for 11 of those years. Mr. Lowe’s lawsuit took issue with a decades-long blanket policy at the Colorado State Penitentiary that denied him outdoor exercise for the more than two years he was in solitary there....

The Supreme Court is not a fan of lawsuits seeking money from state officials for constitutional violations. But Mr. Lowe’s appeal, along with a companion case, present the court with the opportunity to tell the nation what the Constitution requires even if it rules in favor of the prison officials on the ground that the law used to be unclear. In a sign that the court might be interested in the cases, Lowe v. Raemisch, No. 17-1289, and Apodaca v. Raemisch, No. 17-1284, it ordered the officials to file responses to the plaintiffs’ petitions.

Justice Kennedy is nearing the end of a long judicial career, and he might think it fitting to return to an issue he considered just a few years after he first put on a robe. “Underlying the Eighth Amendment,” he wrote in 1979, “is a fundamental premise that prisoners are not to be treated as less than human beings.”

May 16, 2018 in Prisons and prisoners, Who Sentences? | Permalink | Comments (5)

Tuesday, May 15, 2018

Thoughtful BBC series of articles on "Criminal myths: Misconceptions about criminals and crime"

I just came across this series of special articles via BBC Future under the headine "Criminal Myths."  Here is how this introductory piece sets up what follows:

In both the UK and the US violent crime has recently been rising, records show. There are now also record numbers of individuals behind bars around the world, about 10.35 million, a figure that has increased by 20% in under two decades.  The highest number of these are in the United States, where those convicted are serving increasingly long sentences.

Among the prison population, 70,000 are women and girls, a figure that has been rising higher than for males.  A high proportion of women behind bars have mental health problems and have been victims of abuse.

Despite these rises, we are not living in the most violent era of history (in 1991 the violent crime figures in the US were about double those of today).  While in the UK, although police figures indicate that crime is rising, a national crime survey found that most crimes "either fell or were at a similar level".

Meanwhile in the Netherlands, prisons are closing due to a lack of inmates to fill cells, as our reporter discovered on a visit to a Dutch jail, though this does not necessarily mean that crime is dramatically falling. These examples show that statistics can be confusing, and there is often more going on than the numbers suggest, such as falling police officers, longer jail terms, to a rise in community sentencing.

That's why we are taking a look at some of these issues, to tackle the misconceptions about criminals and the factors that shape crime.

Here are the full headline of some of the articles in this series:

May 15, 2018 in Prisons and prisoners, Scope of Imprisonment, Sentencing around the world | Permalink | Comments (2)

Puzzling through the current politics of pursuing federal statutory criminal justice reforms

Rolling Stone has this notable new report on the latest politics surround federal criminal justice reform efforts under the headline "'We Don't Have to Worry About Senator Sessions': A look inside the Congressional battle for criminal justice reform." Here are excerpts:

Less than one month ago, there was no hope for any meaningful criminal justice reform to make its way out of this Republican-controlled Congress. But last week a large, bipartisan block of members of the House Judiciary Committee passed a narrow prison reform bill aimed at stemming the recidivism rate. That tees it up for a floor vote, even as many political watchers have predicted most major legislative efforts will be put on hold until after voters go to their polling booths in November.

"This is just a money and morals issue for me," Rep. Doug Collins (R-GA), who is one of the bill's lead authors, tells Rolling Stone.  "It's about money that we're saving by not only redirecting that in our prison system, but also the moral aspect that everybody deserves a second chance."

Collins was able to revive the effort by massaging the bill with his ally Rep. Hakeem Jeffries (D-NY), who represents Brooklyn and Queens and is a member of the Congressional Black Caucus.  The legislation sailed through their House committee by a lopsided 25-5 vote, but it faces stiff opposition in the Senate from those who want it to go much further in overhauling the nation's system of mandatory minimum prison sentences that critics say constrain the nation's judges and have left prisons brimming with nonviolent drug offenders.

"I'm disappointed, but it doesn't change anything that we have to do over here," Sen. Chuck Grassley, the chair of the Senate Judiciary Committee, tells Rolling Stone. "[Senate Minority Whip Dick] Durbin and I are working together to make sure that if there's going to be anything done on criminal justice reform, it's going to contain sentencing reform."...

Collins says they were able to revive the bill in the House because they narrowed its scope to win over Attorney General Jeff Sessions. "We're not dealing with sentencing reform at this point, and he understood that," Collins said.

In response to reports that Sessions supported the measure, a DOJ official tells Rolling Stone that Sessions did not, in fact, sign off on the House bill, and that he opposes it.  The official refused to elaborate on reasons why.

But Grassley maintains the attorney general is irrelevant on the issue – even though he's the top law enforcement official in the nation. "We don't have to worry about Senator Sessions," Grassley tells Rolling Stone. "Why's that?"

"We don't have to worry about Senator Sessions," he repeated. "You don't have to know why. We just don't have to worry about him."  Grassley's staff refused to answer questions as to whether the senator has been assured that Trump would sign a mandatory minimum bill over Sessions' protest, or, on a more sinister note, whether Grassley believes Sessions will remain in his current position as attorney general.

Independent of Sessions, however, it's unclear whether there's enough support in Congress to pass criminal justice reform that leaves mandatory minimums untouched. Supporters of the House bill argue that doing anything to help current prisoners escape the incarceration cycle is better than not sitting idly by.

"[Sessions] is an impediment, and I'd suspect Trump's people are basically against sentencing reform," Rep. Steve Cohen (D-TN) tells Rolling Stone. "To get sentencing reform is probably going to necessitate a Democratic Congress, so that'll come next year. There's no reason to have people sit in a jail for another year when they don't need to be."

To review: it seems we do not know if AG Sessions is formally for or against the prison reform bill, the FIRST STEP Act, that passed the House Judiciary Committee last week, and we do not know if Senate Judiciary Committee leaders (or other Senators) may be willing to move forward with this FIRST STEP Act. I continue to fear AG Sessions' general opposition to any meaningful reforms and Senate leaders' eagerness for sentencing reforms may mean nothing gets done to bring any relief to any federal defendant anytime soon.

Some of many prior related posts:

May 15, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (1)

Sunday, May 13, 2018

Mother's Day review of moms in incarceration nation

Growing awareness and concern with incarceration levels in the US are reflected in the significant number of articles I have noticed this week discussing incarcerated mothers.  I figure Mother's Day is a fitting day to round-up some of these recent pieces:

From The Crime Report here, "Mother’s Day Behind Bars"

From Teen Vogue here, "Mother's Day Needs to Be Inclusive of Incarcerated Moms, and Here’s How You Can Help"

From USA Today here, "In remembering her own mother, activist and attorney makes Mother's Day plea for incarcerated women"

From Jezebel here, "Mothers Are Incarcerated at Record Rates, Yet Prison-Nursery Beds Go Empty"

From Leafy here, "9 Ways to Help Moms Jailed for Cannabis"

From Yahoo here, "Mom serving 16 years for marijuana pens Mother's Day letter to daughters: 'I'm dreaming of your sleepy faces'"

May 13, 2018 in Offender Characteristics, Prisons and prisoners, Race, Class, and Gender | Permalink | Comments (2)

Thursday, May 10, 2018

Sentencing Project reports on "Incarcerated Women and Girls, 1980-2016"

The Sentencing Project has this notable new fact sheet with details on modern trends in the incarceration of women and girls under the title ""Incarcerated Women and Girls, 1980-2016." Here is how it gets started:

Over the past quarter century, there has been a profound change in the involvement of women within the criminal justice system.  This is the result of more expansive law enforcement efforts, stiffer drug sentencing laws, and post-conviction barriers to reentry that uniquely affect women. The female prison population stands nearly eight times higher than in 1980.  More than 60% of women in state prisons have a child under the age of 18.  Between 1980 and 2016, the number of incarcerated women increased by more than 700%, rising from a total of 26,378 in 1980 to 213,722 in 2016.

May 10, 2018 in Prisons and prisoners, Race, Class, and Gender | Permalink | Comments (1)

Wednesday, May 09, 2018

Mapping out the politics for the path forward for federal prison (and sentencing?) reform

I am unsure how big a deal to make out of the passage of the FIRST STEP Act out of the House Judiciary Committee today (discussed here) because I am not sure it create much more confidence about the chance of the Senate moving forward with a form of federal criminal justice reform that can actually become law.  This new Politico article discusses the political uncertainty that is now the reality:

Congress on Wednesday edged closer to a rare bipartisan achievement during a hotly contested election year after a House panel voted overwhelmingly to send a prison reform plan to the floor — despite persistent internal GOP tensions in the Senate over the White House-backed bill.

The prison legislation, a key priority of Jared Kushner, won easy approval in the House Judiciary Committee.  It was a striking turnabout after backers scrapped a vote on an earlier version two weeks ago amid waning support.  But the bill’s lopsided 25-5 vote masked ongoing disputes among Senate Republicans and House Democrats over its omission of sentencing reforms opposed by President Donald Trump. Critics of the measure say those sentencing reforms are crucial to any deal.

Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) has allied with Democratic supporters of a broader criminal justice package that includes both sentencing and prison reform provisions. GOP leaders in both chambers want to instead move the narrower prison bill, which would authorize training for prisoners that’s aimed at reducing recidivism rates.

As the House panel moved to okay the bill, Senate Majority Whip John Cornyn (R-Texas) — a previous backer of the broader criminal justice overhaul who has narrowed his sights to prison reform — said he hoped to negotiate with Grassley on a path forward....

Grassley and Senate Minority Whip Dick Durbin of Illinois, his lead Democratic partner on the Senate criminal justice package, said Wednesday that they were “encouraged” by the House’s progress but giving no ground on their position. “For any criminal justice reform proposal to win approval in the Senate, it must include these sentencing reforms,” Grassley and Durbin said in a statement.

Lobbying on the House prison bill also has become contentious in recent weeks, pitting one of the legislation’s lead cosponsors, Rep. Hakeem Jeffries (D-N.Y.), against the top Democrat on the Judiciary panel, fellow New York Rep. Jerry Nadler. Jeffries has worked for months with Rep. Doug Collins (R-Ga.) on the bill, omitting the sentencing provisions that are a nonstarter with the White House in part because of longstanding opposition from Attorney General Jeff Sessions.

Nadler took part in a Tuesday meeting with opponents of the legislation and made an impassioned plea to delay consideration of the bill during the markup. Jeffries, however, downplayed the tension after the bill sailed through the judiciary panel. He said everyone involved in the bill supports addressing sentencing laws; the disagreement is over when that should happen. “Mass incarceration has been with us for almost 40 years. It’s going to take more than one singular legislative magic wand to eradicate it,” Jeffries said in an interview.

“We all agree that sentencing reform should be a part of any broad criminal justice reform effort that takes place. The First Step Act represents the beginning of the end of overcriminalization in America.”

A House floor vote on the bill is possible before the Memorial Day recess, according to multiple sources. But the proposal still faces formidable foes, from powerful civil rights groups like the ACLU and key senators such as Grassley and Durbin. Dozens of advocacy groups, including the NAACP, sent another letter opposing the prison bill to House members on Tuesday.

Sen. Cory Booker (D-N.J.), another supporter of the broader criminal justice package, reiterated in a Tuesday interview that “I want to see sentencing reform and prison reform move together, and I worry that this bill doesn’t” make that happen. Booker met Monday night to discuss strategy on the bill with Durbin, Jeffries, Nadler, Rep. Cedric Richmond (D-La.) and Sen. Kamala Harris (D-Calif.). But supporters of the broader and narrower approaches to criminal justice left entrenched in their positions, according to a source with knowledge of the meeting.... The bill, if successful, would likely be the last major bipartisan effort to clear Congress before the election. And it would be a major victory for Kushner, who has failed to score any significant wins in the White House, despite a disparate policy portfolio that has included everything from bringing peace to the Middle East to tackling the nation’s opioid crisis.

“The key for this is a realization that perfect doesn’t exist on the Hill,” Collins said in an interview. “Although we want to have done some more, this is a very valid first step.” The White House "look[s] forward to a vote in the full House" on the legislation, deputy press secretary Hogan Gidley said by email.

The bill would authorize $50 million annually for five years for educational and vocational programs for prisoners with the goal of equipping inmates for life after incarceration and reducing repeat offenses.

In a major win for progressives, the bill also includes a technical tweak to current law that would increase “good time” credit for prisoners from 47 days to 54 days per year. The change, which would be applied retroactively, would lead to the immediate release of 4,000 prisoners, according to the bill’s supporters.

Some of many prior related posts:

May 9, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (4)

House Judiciary Committee approves FIRST STEP Act by a vote of 25-5 after lots of discussion of amendments

As reported in this article from The Hill, the House Judicial Committee "on Wednesday approved a new prison reform bill being pushed by the White House."  Here are some details:

The bill, called the First Step Act, seeks to offer more funding for prison programs in an attempt to reduce an inmate’s likelihood to re-offend after they’ve been released. The House Judiciary Committee approved the bill, by a 25-5 vote, that Reps. Doug Collins (R-Ga.) and Hakeem Jeffries (D-N.Y.) spent the last week negotiating after committee Democrats pushed back against a number of conservative provisions.

In the legislation now advancing to the House, lawmakers removed language that would have allowed certain law enforcement officials and correctional officers to carry a concealed firearm in all 50 states and created more opportunities for prisoners to earn time credits by completing prison programs. They can then use those credits to serve the remaining days of their sentence in a halfway house or home confinement.

The bill, which authorizes $50 million a year for five years for the Bureau of Prisons to spend on programs like job training and education that reduce recidivism, clarifies current law to allow prisoners up to 54 days of credit for good behavior annually. The law was previously interpreted as only allowing prisoners to earn 47 days a year.

The previous bill, known as the Prison Reform and Redemption Act, and the current compromise, however, have divided Democrats and liberal groups. While #cut50, a criminal justice reform advocacy group led by Van Jones, the CNN host and former adviser to President Obama, is now backing the new bill, the measure is still opposed by the Leadership Conference on Civil and Human Rights and 73 other groups.

Democrats and progressive groups argue the criminal justice reform bill should include provisions that reduce mandatory minimum prison sentences. Rep. Jerry Nadler (D-N.Y.), the committee’s ranking member, said the bill is well-intentioned but the committee should be working on legislation that includes sentencing reform. He offered a motion to postpone the markup by one month to give committee members time to negotiate and markup sentencing reform legislation.... Nadler’s motion was [after discussion] voted down by the committee.

Progressives were able to win language prohibiting female prisoners from being shackled during pregnancy, childbirth and up to 12 weeks after a baby is born. But the committee voted down an amendment Rep. Sheila Jackson Lee (D-Texas) offered to create a pilot program in federal prisons to allow female inmates who give birth while behind bars to live with their child in a prison housing unit until the child is two-and-a-half years old.

The committee, however, approved an amendment from Rep. Matt Gaetz (R-Fla.) to expand a pilot youth mentorship program and a pilot program that gives prisoners the skills to train rescue and abandoned dogs. The bill would take the programs from two years in 10 facilities to five years in at least 20 facilities.

Rep. Louie Gohmert (R-Texas) also had an amendment approved that would prevent faith-based organizations that want to offer prison programming from being discriminated against.

A bipartisan amendment from Rep. Cedric Richmond (D-La.), Collins, Jackson Lee, Jeffries and Val Demings (D-Fla.) was also approved to clarify that the legislative fix, which makes prisoners eligible for 54 days of good time instead of 47, applies to prisoners already serving sentences....

Collins said he’s confident there’s enough Democratic support to get the bill through the House and the Senate. “They have their own process to go through. There may be some issues that we can then work on later, but I do feel this is one of the pieces of legislation that will be signed into law this year,” he said.

The House Judiciary Committee has this press release about the vote and key provisions of the bill under the heading, "House Judiciary Committee Approves Bill to Reform the Federal Prison System."  Though not mentioned in these reports, I believe all the Republican votes coming from the committee were in favor of this FIRST STEP bill except for Rep. Steve King from Iowa, and also that a majority of the Democrats in the committee also voted for the bill (though Ranking Member Jerry Nadler and Rep. Sheila Jackson Lee were among the notable "No"s).

All of this suggests to me a reason to be optimistic that there might really be some notable federal criminal justice reform getting done in 2018.  It is less than I would like to see, but I still think it would be MUCH better than nothing. 

Some of many prior related posts:

May 9, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (3)

Detailed review of Illinois juve offenders serving just barely "less than life"

Less-than-life-featureThe Chicago Sun-Times has published this extensive look by Injustice Watch at how the Illinois has sentenced (and largely failed to resentence) a set of juvenile offenders serving extreme long prison sentences . The full lengthy title of this piece sets forth its essential elements: "Less than life: Across the country, juvenile offenders are being released from prison based on recognition that human brains continue to develop for the first two and a half decades of life.  Nevertheless in Illinois, many who commit crimes as teenagers are likely destined to die in custody."  Here is an excerpt:

In Illinois, it is rare for juveniles who did not receive automatic life prison terms to win new chances at sentencing, leaving most of those with long sentences to languish in prison for decades, an Injustice Watch review found.

A review of custody data from the Illinois Department of Corrections revealed that, as of last December, at least 167 current inmates were arrested for crimes as juveniles and are set to serve 50 years or more in prison without parole eligibility, leaving them likely to die in custody but not eligible for resentencing under the dictates of Miller. (It is not possible to know the exact number of young offenders serving long sentences at the Illinois Department of Corrections because the agency does not specifically keep track of that information.)

The imposition of long sentences is especially harsh in Illinois, a state which does not afford parole to most prisoners and which requires offenders convicted of murder to serve 100 percent of their punishment, with no chance of early release based on factors like good conduct or rehabilitation. Such sentences almost certainly lead these inmates to either spend the rest of their lives incarcerated or be released with precious little life left.

Research indicates that incarceration has a jarring effect on life expectancy. In studying a group of inmates released from New York state correctional facilities over a 10-year period, Vanderbilt University Professor Evelyn Patterson found that the former prisoners could expect to shave two years off of their average life expectancy for every one year of incarceration. Furthermore, Patterson found, undoing the negative effect on longevity takes time. It took former inmates two-thirds of the time spent in custody back on the outside to recover from the harm of incarceration on life expectancy. The United States Sentencing Commission considers a 39-year prison sentence the equivalent of life.

Because Illinois almost entirely abolished parole in 1978, these juvenile offenders do not get the same chance to show rehabilitation and change that they might get in other states. About a third of states do not currently employ the traditional practice of parole for newly convicted inmates, according to a report published by the University of Minnesota’s Robina Institute of Criminal Law and Criminal Justice, but Illinois is one of three states nationwide that stopped utilizing parole four decades ago, making it nearly non-existent for the current prison population.

The approximately 80 juvenile offenders in Illinois who became eligible to have their sentences reconsidered [after Miller] all were convicted of killing more than one person — Illinois law mandates life for anyone convicted of multiple murders. By contrast, Illinois state appellate judges have mostly declined to find that the cases of other violent youthful offenders ... fall under the protections outlined in Miller.

There is no national legal standard on how many years is too many for a juvenile to serve. Courts across the country have differed on the issue, creating varied standards on what length of a prison term can legally be considered a life sentence. “Getting rid of formal life without parole was the tip of the iceberg,” said Marsha Levick, deputy director and chief counsel for the Pennsylvania-based Juvenile Law Center, which has advocated for lesser sentences for juveniles convicted of crimes.

Across the country, about a dozen states have passed laws requiring that young defendants sentenced to long prison terms get a chance at parole. Legislators in Illinois have proposed a bill that would give periodic parole opportunities to newly convicted young offenders; so far those efforts have stalled.

May 9, 2018 in Assessing Graham and its aftermath, Assessing Miller and its aftermath, Prisons and prisoners, Procedure and Proof at Sentencing, Scope of Imprisonment, Sentences Reconsidered | Permalink | Comments (0)

On eve of House Committee consideration, distinct advice from criminal justice reform groups on latest federal prison reform proposal

As noted in this prior recent post, a new and improved version of a federal prison reform bill, the "Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act" or the "FIRST STEP Act, " is now slated for House Judiciary Committee markup the morning of Wednesday, May 9th.  The full text of this FIRST STEP bill is available at this link, and I am starting to wonder if this may be a significant criminal justice reform bill that ends up getting in committee even more votes from Republicans than from Democrats.  (For those keeping score, and as this official list details, there are 40 members of the House Judiciary Committee of which 23 are Republicans and 17 are Democrats.)

I do not know for sure if all 23 Republican members of the HJC will be voting for the FIRST STEP bill, but I surmise that some Democrats will be voting against it because the bill is too limited and lacks any sentencing reform elements.  Indeed, on Tuesday, the Leadership Conference on Civil and Human Rights along with 74 reform-oriented organizations sent this lengthy letter to House Judiciary Committee members titled "Vote 'No' on The FIRST STEP Act."  Here is how the letter gets started: 

On behalf of The Leadership Conference on Civil and Human Rights and the 74 undersigned organizations, we urge you to vote “No” on the FIRST STEP Act that will be considered during the mark up.  Any effort to pass prison reform (or “back-end” reform) legislation without including sentencing reform (or “front-end” reform) will not meaningfully improve the federal system.  Across the country, states that have enacted legislation containing both front and back end reforms have reduced rates of incarceration and crime.  Any legislation that addresses only back end reforms is doomed to fail in achieving these goals.  Without changes to sentencing laws that eliminate mandatory minimums, restore judicial discretion, reduce the national prison population, and mitigate disparate impacts on communities of color, the FIRST STEP Act alone will have little impact.

Critically, though, not all leading criminal justice reform groups are urging a no vote on the FIRST STEP Act.  The President of Families Against Mandatory Minimums sent a short memo to the sponsors of the FIRST STEP Act, Representatives Doug Collins and Hakeem Jeffries, explaining why FAMM believe the bill "deserves the Judiciary Committee’s support."  That memo, which can be downloaded below, echoes many concerns of other advocacy groups, but explains why it is ultimately backing this bill in these terms: "FAMM is in contact with nearly 40,000 federal prisoners every week.  Far too many of them are serving excessive sentences.  This bill might be the only opportunity we have in the next few years to get them some overdue relief and justice."    Download FAMM Memo on First Step

Regular readers likely realize I am in the FAMM camp here, wishing that a more comprehensive bill was being considered, but resigned to the political reality that a prison reform bill looks like the only form of statutory criminal justice reform that has a serious chance of being enacted this year.  In this arena, something is always better than nothing, and Congress has delivered nothing on sentencing or prison reform for now nearly eight years despite so much talk from so many folks about a strong bipartisan interest in reform.

Some of many prior related posts:

May 9, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Reentry and community supervision, Who Sentences? | Permalink | Comments (0)

Monday, May 07, 2018

New and improved version of federal prison reform bill to be considered by House Judiciary Committee

First-step-concept-cork-board-77226634In this post last night, I expressed my deep pessimism concerning Congress managing to pass any notable criminal justice reform.  So it is fitting kismet that this afternoon came the exciting news of a new and improved version of a prison reform bill known as the "Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act" or the "FIRST STEP Act." The full text of this bill is available at this link, and this House Judiciary Committee page indicates that this bill will be marked up this Wednesday.

This new Politico article, headlined "Kushner-backed prison reform bill finds new life," provides an account of the background politics and the critical new provisions of the new proposed legislation. Here are excerpts:

A group of bipartisan House lawmakers unveiled a new criminal justice bill Monday, with hopes it can overcome obstacles that derailed an earlier version of the legislation just two weeks ago. The House Judiciary Committee will vote on the prison reform bill Wednesday after its lead authors, Reps. Hakeem Jeffries (D-N.Y.) and Doug Collins (R-Ga.), spent the congressional recess working with President Donald Trump’s son-in-law and adviser Jared Kushner and others to tweak the proposal.

The bill would authorize funding for training programs to help rehabilitate prisoners. If approved by the Judiciary Committee, the bill could be on the House floor before the Memorial Day recess, according to several sources. Senate Majority Whip John Cornyn (R-Texas) and Sen. Sheldon Whitehouse (D-R.I.) introduced a companion proposal Monday afternoon.

But while Jeffries and Collins have been working to build a bipartisan coalition of support, key lawmakers including Rep. Jerry Nadler (D-N.Y.), top Democrat on the House Judiciary panel, and Senate Judiciary Charmain Chuck Grassley (R-Iowa) remain potential obstacles.

The House Judiciary Committee scrapped plans two weeks ago to mark up an earlier version of the bill after support waned — due in part, according to House sources, from Grassley and Senate Minority Whip Dick Durbin (D-Ill.) privately urging members to oppose the plan because it didn't include sentencing reforms. “What we’re disagreeing on right now is how far can we go right now,” Collins said in an interview Monday. “Do you want to actually make law or do you want to make press releases?”...

Collins and Jeffries said they hope the plan’s broad support — from liberal criminal justice group #cut50 to the Koch brothers to Kushner — is enough to ensure passage in the House. Kushner is meeting with the conservative House Freedom Caucus Monday evening to rally support for the bill.

But Nadler — who still has “a lot of concerns” a spokesman said Monday — isn’t alone in his opposition to the bill. Detractors argue the proposal doesn’t go far enough because it doesn’t also tackle sentencing reform, an effort Grassley and Durbin have spent months negotiating. Grassley along with several key Senate Democrats and influential civil rights groups like the ACLU and NAACP want a comprehensive criminal justice overhaul that includes both sentencing and prison reforms....

Jeffries and Collins told POLITICO they hope the changes made over the last two weeks are enough to get reluctant House lawmakers on board. Jeffries is also hopeful that Sessions will refrain from trying to sink the effort as he has in the past. “At the moment, it appears that the Department of Justice is in a position of neutrality as it relates to the bill,” Jeffries said. “To the extent that changes, that could be a complicating factor once the bill gets on the House floor.”

The bill — which they are now calling the “First Step Act,” in part to signify it’s the initial step in a longer effort to reform the justice system, including sentencing laws — has several major changes from previous versions.

The bill would authorize $50 million annually for five years to provide education and vocational training programs to prisoners; the latest version would also allow nonviolent drug offenders to participate in the programs. Jeffries and Collins also agreed to language that would allow more prisoners to take advantage of credits that would allow inmates to serve part of their sentence in home confinement or at a halfway house.

The proposal also includes several wins that liberal groups had pushed for, including language codifying prohibitions on shackling pregnant female inmates, both during their pregnancy and for 12 weeks postpartum.

And in what progressive backers are touting as another major win, the bill includes a technical fix that would allow inmates to earn up to 54 days of “good time” credit a year, up from 47 days annually under current interpretation of the law.

“We also had concerns around whether or not this was a meaningful reform. Those have been answered by including the good time credit fix,” #cut50 co-founder Jessica Jackson Sloan said, noting roughly 4,000 prisoners would immediately be eligible for release. “We’re fully on board with this bill. We’ll continue to fight for sentencing reform,” she added.

To turn up pressure on House Judiciary Democrats, the Koch brother’s Freedom Partners launched a wave of digital ads Monday encouraging lawmakers to support the bill. The Facebook and Twitter ads will run in six Judiciary Democrats’ districts, including Jeffries, Nadler and Reps. Steve Cohen (D-Tenn.), Sheila Jackson-Lee (D-Texas), Cedric Richmond (D-La.) and Pramila Jayapal (D-Wash.). The White House is also expected to increase its outreach on the Hill this week, likely through Kushner, according to sources.

For the plans’ supporters, they say now is the best time to act with the goal of getting sentencing reform down the road. “There were some who took the position that we should wait on criminal justice reform until [Hillary] Clinton is president and Democrats were in control of the Senate. How did that work out?” Jeffries said.

I will not count any congressional chickens until they have hatched in the form of a Presidential signature on enacted legislation. But, after feeling distinctly pessimistic last night, now I am peculiarly optimistic that something pretty significant could get done in the coming months.

May 7, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Elections and sentencing issues in political debates, Prisons and prisoners, Reentry and community supervision, Who Sentences? | Permalink | Comments (5)

Saturday, May 05, 2018

Scrutinizing sex offender civil commitment schemes

Investigative reporter Barbara Koeppel has this extensive article in The Washington Spectator under the full headline "Sex Crimes and Criminal Justice: Formerly incarcerated sex offenders say civil commitment programs deny proper rehabilitation."  I recommend the piece in full, and here are excerpts from the start and end of the article:

Since the 1990s, 20 states and the District of Columbia have passed laws that direct the attorneys general in these jurisdictions to appoint professionals to evaluate whether sex offenders who have served their time have a mental abnormality or illness that would make them likely to re-offend.  If the decision is yes, the men are re-incarcerated—not for past crimes but for ones they might yet commit — in prisonlike facilities with barbed wire, cells, guards, and watch towers. While institutionalized, they receive therapy that, theoretically, will help them control their sexual impulses.

The practice is known as civil commitment.... Supporters of the process argue it protects the public.  Critics, however, such as Dr. Richard Wollert, a psychologist at Simon Fraser University in British Columbia, disagree. He says the facts simply don’t support it: “I’ve never seen data that show the 20 states with civil commitment laws have lower rates of sex offenses or re-offenses than the 30 states that don’t.”  Similarly, Dr. Fred Berlin, a psychologist who runs sex offender outpatient programs at Johns Hopkins Hospital, says, “They’re really a ruse to not put the men back in society.” The sex offenses range from obscene phone calls, lewd behavior in public, and sex with underage partners, all the way up to rape and murder.

Organizations and professionals familiar with the abuses of civil commitment are its harshest critics.  The American Psychiatric Association told its members to “vigorously oppose” it. Two judges, from Minnesota and Missouri, found the laws “punitive and unconstitutional.”  Tapatha Strickler, a clinical psychologist who worked at the civil commitment facility in Larned, Kansas, calls it “an abomination.”  But the practice persists at huge cost to individuals and taxpayers....

The men I interviewed frankly admitted to their offenses, but they asked to be treated as others who commit crimes and not be re-incarcerated after they serve their prison sentences.  Also, since most state and federal prisons run mental health therapy programs, the men said they’d already participated in them throughout their original sentences — which could be 20 or 25 years — yet were made to start from scratch in the civil commitment facilities.

Today, about 5,400 men are held in civil commitment. [Lawyer Donald] Anderson told me, “It’s hard to wrap my head around it.  I sympathize greatly with the men’s victims and their families because I have two daughters and I understand people’s fears.  But I’ve dealt with these guys for years and I’m very fond of some of them.  Their look of being utterly beaten, knowing they’ll be here until they die, is very sad.  The program is inhumane.”

May 5, 2018 in Criminal Sentences Alternatives, Prisons and prisoners, Procedure and Proof at Sentencing, Scope of Imprisonment, Sex Offender Sentencing | Permalink | Comments (16)

Monday, April 30, 2018

"Is There Such a Thing as 'Good' Prison Design?"

HMC%20Architects%20Las%20Colinas%202The question in the title of this post got me to thinking about the famous Panopticon building conceived by the English philosopher Jeremy Bentham and also the historic debates over the Pennsylvania system and the Auburn system of prison design in the early Nineteenth Century.  But the title of this post references modern discussions, as it is from this new Architectural Digest article with this subheadline: "Architects working toward creating more livable prisons come up against challenges of epic — but not insurmountable — proportions."  Here are excerpts from a piece worth reading in full:

Some would argue that America’s prison problem is very much a design problem.  Facilities are usually built like fortresses — monoliths in rural locations ringed with razor wire and high walls. Interiors are detailed to withstand tremendous abuse, made with hard materials like concrete, linoleum, steel, and concrete block which mercilessly reflect the endless noise inside prisons, raising stress levels of both inmates and those who work with them.  There’s generally either too much or too little light — most of it fluorescent, and switched on 24/7 — which scrambles everyone’s circadian rhythms.  But due to security and cost concerns, access to natural light is a luxury.  Windows are expensive, and their size and location often determine a facility’s weakest security points. The typical interior color palette, meanwhile, is a study in sensory deprivation—just a few shades of monotonous, soul-crushing beige.

In fact, it just took one night inside a U.S. jail to move Frank Gehry to run a Spring 2017 semester course at Yale exploring the design of prison facilities.  He encouraged his students to rethink incarceration as an opportunity for rehabilitation rather than punishment and took them to Northern Europe and Scandinavia, where prisons look and perform more like college campuses than fortresses....

Perhaps the finest example of compassionate American prison design is the recently completed Las Colinas Women’s Detention and Reentry Facility, commissioned by the County of San Diego, designed by KMD/HMC Architects.  The complex sits on a 45-acre campus and features residentially scaled buildings clustered around exterior courtyards.  Research shows that isolation breeds violence and anger; the more normalized environment is meant to encourage socialization and to “minimize physical and psychological barriers” between inmates and staff.  In fact, the facility looks a lot like the college campuses Gehry’s students envisioned: Inside, the floors are a warm brown and sometimes playfully patterned; translucent green accent walls break down the scale of the cafeteria; and materials include not only concrete but also ashlar stone, cork, and wood.  Due to the facility’s podular layout, all public spaces feature large windows and an abundance of natural light.

Meanwhile, more and more designers are holding their peers accountable — at the very least for participating in the design of cells made for solitary confinement.  As Raphael Sperry, the president of Architects / Designers / Planners for Social Responsibility (ADPSR), puts it, “You can’t fix mass incarceration by putting prisoners in nicer cages.”  He unsuccessfully lobbied the AIA to establish a rule banning members from creating supermax prisons.  Sperry argues that the answer to the country’s prison problem is through justice reform — reconsidering the laws that send so many people to prison in the first place, and providing alternative sentences that focus on rehabilitation and responsibility rather than incarceration.  While that pursuit may be beyond the scope of the average designer, large architecture firms working in this space have shown that expert voices like theirs can at least start to shape how clients view the task of jailing human beings. In the end, good design is just the beginning.

April 30, 2018 in Prisons and prisoners, Who Sentences? | Permalink | Comments (0)

Thursday, April 26, 2018

Bureau of Justice Statistics reports 2016 declines in number incarcerated and subject to community supervision in United States

This press release from the Bureau of Justice Statistics reports on the notable data appearing in two notable new BJS publications:

The number of adults supervised by the U.S. correctional system dropped for the ninth consecutive year in 2016. The correctional population includes persons supervised in the community on probation or parole and those incarcerated in prisons or local jails. This report from the Bureau of Justice Statistics is the latest official snapshot of the state of the U.S. correctional population.

From 2007 to 2016, the proportion of the adult population under the supervision of U.S. correctional authorities decreased by 18 percent, from 3,210 to 2,640 adults under correctional supervision per 100,000 residents. The number of adults under correctional supervision per 100,000 U.S. adult residents was lower in 2016 (2,640) than at any time since 1993 (2,550). Overall, about 1 in 38 adults were under some form of correctional supervision at year-end 2016.

An estimated 6,613,500 persons were under correctional supervision on December 31, 2016, about 62,700 fewer persons than on January 1. The total correctional population declined 0.9 percent during 2016 due to decreases in both the community supervision population (down 1.1 percent) and the incarcerated population (down 0.5 percent).

The incarcerated population decreased from 2,172,800 in 2015 to 2,162,400 in 2016. All of the decrease in the incarcerated population was due to a decline in the prison population (down 21,200), while the jail population remained relatively stable. The number of persons held in prison or local jail per 100,000 U.S. adult residents (incarceration rate) has declined since 2009 and is currently at its lowest rate (860 per 100,00 in 2016) since 1996 (830 per 100,000).

During 2016, the community supervision population fell from 4,586,900 on January 1 to 4,537,100 at year-end. All of the decrease in the community supervision population in 2016 was due to a decline in the probation population (down 52,500). The parole population increased 0.5 percent in 2016 (up 4,300 persons). More than two-thirds (69 percent) of the correctional population were supervised in the community at year-end 2016, similar to the percentage observed in 2007.

These data and a whole lot more appear in these two new BJS publications:

UPDATE: Keith Humphryes has here his typically sharp WonkBlog commentary here focused on these new data under the headline "The U.S. prisoner population continued to shrink in 2016, new data show." Here concludes this way (with links from the original):

A smaller correctional population is a dividend of lower crime rates combined with a national wave of sentencing and rehabilitation reforms at the state level.  Because the current generation of adolescents and adults is committing significantly less crime than did prior generations at their age, there will be ample opportunity to shrink the correctional system even further in the coming years.

April 26, 2018 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Reentry and community supervision, Scope of Imprisonment | Permalink | Comments (2)

Federal criminal justice reform bogs down again in fight over whether prison reform or broader sentencing reform moves forward

Politico has this lengthy and discouraging article about the state of federal criminal justice reform under the headline "Kushner-backed prison reform bill stumbles in House."  Here are excerpts:

The House Judiciary Committee scrapped plans to vote on a prison reform proposal Wednesday, potentially dooming one of the few remaining prospects for significant bipartisan compromise this Congress.

The last-minute postponement of the measure came as President Donald Trump’s son-in-law and adviser Jared Kushner visited Capitol Hill to rally support for it.  But the delay also followed what multiple House sources described as a behind-the-scenes opposition campaign from two Senate heavyweights, one from each party.

Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) and Senate Minority Whip Dick Durbin (D-Ill.) have told House Judiciary panel members to oppose a narrower prison reform bill without the addition of a sentencing overhaul they spent months negotiating, House sources said.

The Trump administration and GOP leaders want to see a prison-only bill move, not the broader criminal justice bill, but that’s not stopping Grassley and Durbin from what one Republican portrayed as meddling in the House debate.  “Frankly, I respect the two senators, but they have enough problems in the Senate,” said Rep. Doug Collins (R-Ga.), the House GOP’s lead author of the prison reform legislation, in a Wednesday interview. “I wish they would actually focus on passing bills over there. That would be nice.”

Durbin denied that he was telling the House to slow down on the prison-only approach: “We’re just saying that over here, the two need to be together.” But Durbin confirmed Wednesday that he has talked to the House Judiciary panel’s top Democrat, Rep. Jerry Nadler of New York, about the importance of keeping the two bills together while Grassley has reached out to Republicans to pitch a comprehensive approach....

The Senate’s lobbying threatens to kill momentum for the Kushner-backed House bill, which would provide training programs to prisoners in hopes of discouraging repeat offenses.  The omission of sentencing changes is opposed not only by Grassley and Durbin but by dozens of powerful progressive groups including the ACLU and the NAACP. Those groups say the bill doesn’t go far enough and should also include language that would reduce sentences for some prisoners.

House Judiciary Chairman Bob Goodlatte (R-Va.) blamed Wednesday’s delayed vote on “time constraints” and said the postponement will give negotiators more time to work out “minor issues.” The panel is now scheduled to consider the bill during the week of May 7.

But the impasse doesn’t show any signs of being resolved soon. In his statement at the beginning of the hearing Wednesday, Nadler said negotiators should consider including sentencing reform in their discussions.  “In my view, considering prison reform without consideration of sentencing reform has the process backward, and avoids the difficult but necessary legislating on that critical issue,” Nadler said.

Nadler later told POLITICO he would be "very reluctant” to support any bill that didn’t include sentencing reform but wouldn’t say whether his opposition, as the top Democrat on the panel, was enough to sink the proposal: “Never say never, but I’d be very reluctant."

But supporters of the narrower prison reform push say a comprehensive strategy is a futile effort and would nix the chances of any bipartisan bill getting to the president’s desk this year.  Attorney General Jeff Sessions, a staunch critic of sentencing reform, opposed a similar proposal before Trump tapped him to lead DOJ and has publicly clashed with Grassley over the issue this year.

However, there’s lingering distrust among House Democrats that Sessions is operating in good faith. Democrats successfully nixed multiple “poison pill“ amendments they said were floated by DOJ during talks on the bill but said privately they’re concerned that Sessions does’'t actually want to see any criminal justice legislation come to fruition.

Grassley also acknowledged in an interview with POLITICO this week that he has yet to persuade Senate Majority Leader Mitch McConnell (R-Ky.) to bring the comprehensive criminal justice bill to the floor.  “It’s my job to show McConnell that this bill has got plenty of support at the grass roots, that it’s got good bipartisan support,” Grassley said. “It’s something that a president needs a bipartisan bill to sign and there’s all kinds of reasons why this bipartisan bill should be brought up, whether the House passes a bill or not.”...

Senate Majority Whip John Cornyn (R-Texas), who supported Grassley’s efforts on a broader criminal justice package during the Obama administration but has narrowed his sights given the Trump administration’s opposition, delivered a floor speech Wednesday urging the two camps to come together on a prison-only approach. “I know other people have other ideas, perhaps about sentencing reform and the like,” Cornyn said, “but in this political environment, I’m for doing what we can do rather than spinning our wheels being frustrated about what we can’t do because there’s simply not the political support in the House and the Senate and at the White House to get it done.”

I am glad that Senators Grassley and Durbin remain deeply committed to getting a bigger criminal justice reform bill passed, but I continue to fear that Senate Majority Leader McConnell will continue to be unwilling to allow a floor vote on the Sentencing Reform and Corrections Act.  Senator McConnell has shown in other settings his ability to be stubborn, and his enduring resistance to the SRCA leads me to be pessimistic about any sentencing reforms getting through Congress this year.

I surmise Senators Grassley and Durbin, and perhaps many reform advocates who have come out against a prison-reform-only bill, believe that passage of a broad bill through the House might make it more likely that Senator McConnell will allow a floor vote.  Perhaps so, and I hope they can get it done.  But I am not optimistic, and I continue to think that getting prison reform done ASAP can be a needed and useful first step toward an array of badly-needed statutory reform of our federal criminal justice system.

A few of many prior related posts:

April 26, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Mandatory minimum sentencing statutes, Prisons and prisoners, Scope of Imprisonment, Who Sentences? | Permalink | Comments (1)

Tuesday, April 24, 2018

"The Prison Industrial Complex: Mapping Private Sector Players"

The title of this post is the title of this new report from the Corrections Accountability Project at the Urban Justice Center.  Here is its introduction:

In 1983, CoreCivic received its first contract to operate a correctional facility, marking the birth of the private prison industry.  The following year, The GEO Group also entered the private prison market.  Over the next 35 years, as the U.S. carceral population mounted from roughly 660,000 to more than 2.2 million, the competitors would grow to own and operate roughly 130 correctional facilities with over 150,000 beds.

By 2017, CoreCivic and The GEO Group were generating combined annual revenues of $4 billion on the more than 45 million individual nights that people spend incarcerated in their correctional facilities every year.

But CoreCivic and The GEO Group, the most recognized, discussed, and targeted for-profit entities operating in the prison industrial complex, are far from the only companies that recognized an opportunity in the prison boom that started in the1970s. In fact, they were not even the first.

Today, more than half of the $80 billion spent on incarceration annually in the U.S. is used to pay the thousands of vendors that serve the criminal legal system. They are healthcare providers, food suppliers, commissary merchants, and more. Focused on their bottom line and advantaged by an obscure and often monopolistic environment, the private, for-profit corporations that operate in the prison industrial complex raise particular concerns for the incarcerated population, vulnerable to corporate abuse.

This report exposes over 3,100 corporations that profit from the devastating mass incarceration of our nation’s marginalized communities. It serves as the largest lens into the prison industrial complex ever published. While this report still far from covers all the private sector companies in this space, it captures all the major players.

At the Corrections Accountability Project, our hope is that advocates, litigators, journalists, investors, and the public will use the report to further understand the expansive nature of the prison industrial complex and familiarize themselves with its players. This report should serve as a resource in the fight against the commercialization of our criminal legal system.

April 24, 2018 in Prisons and prisoners, Scope of Imprisonment, Who Sentences? | Permalink | Comments (1)

Monday, April 23, 2018

Law enforcement reform group urges Congress to tackle sentencing reform along with prison reforms

As reported in this press release, "over 60 police chiefs and prosecutors — all members of Law Enforcement Leaders to Reduce Crime and Incarceration — sent a letter to the Senate and House leadership calling on Congress to pass sentencing reform, as a part of the White House’s commitment to reduce recidivism." Here is more from the release:

The letter comes in advance of an expected House Judiciary Committee vote this week on a prison reform bill, which is opposed by both progressive groups and law enforcement alike because it does not address sentencing.  Just last week, Law Enforcement Leaders encouraged members of Congress to instead take action on Senate legislation that includes both sentencing and prison reform, in a series of meetings that included Jared Kushner, Law Enforcement Leaders member Timothy Heaphy, and other bi-partisan advocates.

“Improving prison conditions and reentry services, on their own, will not adequately solve our high rates of incarceration and recidivism,” the letter reads.  “Legislation like the Prison Reform and Redemption Act (H.R.3356) and the CORRECTIONS Act (S. 1994) are useful efforts to improve the lives of those in prison. But such efforts should be coupled with efforts to reduce unnecessary incarceration, as it is in the Sentencing Reform and Corrections Act... As law enforcement leaders, we want to make clear where we stand: Not only is passing federal mandatory minimum and reentry reform necessary to reduce incarceration, it is also necessary to help police and prosecutors continue to keep crime at its historic lows across the country. We believe the Sentencing Reform and Corrections Act will accomplish this goal and respectfully urge Congress to swiftly pass it.”

The full text of the letter can be found at this link, and here are a few passages:

Legislation like the Prison Reform and Redemption Act (H.R.3356) and the CORRECTIONS Act (S. 1994) are useful efforts to improve the lives of those in prison. But such efforts should be coupled with efforts to reduce unnecessary incarceration, as it is in the Sentencing Reform and Corrections Act....

Lawmakers and Presidents of both parties have taken great strides to reform prison systems and develop more effective reentry programs. We are grateful to the White House for allocating resources towards reducing recidivism, through the creation of the Federal Interagency Council on Crime Prevention and Improving Reentry, and for its support of similar legislative efforts. This concerted effort acknowledges the importance of setting an example of criminal justice reform on the federal level, and the impact federal policies have on state and local criminal justice practice.

However, improving prison conditions and reentry services, on their own, will not adequately solve our high rates of incarceration and recidivism.  It will not stop the overuse of incarceration for minor drug-related and low-level, non-violent offenses. To have meaningful reform, we must also address our sentencing laws.  As those fighting crime on the frontlines, we know from firsthand experience that it is ineffective to exhaust resources on reducing the rate of recidivism if there is no accompanying effort to reduce the rate at which people unnecessarily enter prison in the first place.  For this reason, 67 of our members wrote in support of a previous version of the Sentencing Reform and Corrections Act in early 2016.

We ask the Senate, House, and White House to work together to pass the Sentencing Reform and Corrections Act in addition to any reentry legislation.  The Act would shorten unnecessarily long sentences for lower-level offenders, a solution that has been shown in other parts of the country to successfully reduce crime and incarceration together.

April 23, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Mandatory minimum sentencing statutes, Prisons and prisoners, Who Sentences? | Permalink | Comments (0)