Friday, February 13, 2015

"Pick a stat, any stat. They all tell you the same thing: America is really good at putting people behind bars."

The title of this post is a line from the start of this detailed analysis of incarceration rates and crime by Oliver Roeder, a senior writer for FiveThirtyEight. The piece merits a full read, and here are excerpts from the start and end of the piece: 

There are 2.3 million Americans in prison or jail. The U.S. has 5 percent of the world’s population but 25 percent of its prisoners. One in three black men can expect to spend time in prison. There are 2.7 million minors with an incarcerated parent. The imprisonment rate has grown by more than 400 percent since 1970.

It’s supposed to help the country reduce crime in two ways: incapacitation — it’s hard to be a habitual offender while in prison — or deterrence — people scared of prison may do their best to not end up there. But recent research suggests that incarceration has lost its potency. A report released this week from the Brennan Center for Justice at the New York University School of Law finds that increased incarceration has had a very limited effect on crime over the past two and a half decades. At incarceration’s current elevated levels, the effect of more incarceration on crime is not statistically different than zero. It’s no longer working....

[C]rime trends are complicated. Surely no one is complaining about the recent decline, but no one fully understands it either. One thing is becoming clear: Increased incarceration’s role was minimal.

Recent related post:

February 13, 2015 in Data on sentencing, National and State Crime Data, Prisons and prisoners, Purposes of Punishment and Sentencing, Scope of Imprisonment | Permalink | Comments (0) | TrackBack

Wednesday, February 11, 2015

"Incarceration’s Front Door: The Misuse of Jails in America"

Incarcerations-front-door-infographicThe title of this post is the title of this notable new report produced by the Vera Institute of Justice. This New York Times article, headlined "Jails Have Become Warehouses for the Poor, Ill and Addicted, a Report Says," provides a helpful summary of and context for this report:

Jails across the country have become vast warehouses made up primarily of people too poor to post bail or too ill with mental health or drug problems to adequately care for themselves, according to a report issued Wednesday.

The study, “Incarceration’s Front Door: The Misuse of Jails in America,” found that the majority of those incarcerated in local and county jails are there for minor violations, including driving with suspended licenses, shoplifting or evading subway fares, and have been jailed for longer periods of time over the past 30 years because they are unable to pay court­imposed costs.

The report, by the Vera Institute of Justice, comes at a time of increased attention to mass incarceration policies that have swelled prison and jail populations around the country. This week in Missouri, where the fatal shooting of an unarmed black man by a white police officer stirred months of racial tension last year in the town of Ferguson, 15 people sued that city and another suburb, Jennings, alleging that the cities created an unconstitutional modern­day debtors’ prison, putting impoverished people behind bars in overcrowded, unlawful and unsanitary conditions.

While most reform efforts, including early releases and the elimination of some minimum mandatory sentences, have been focused on state and federal prisons, the report found that the disparate rules that apply to jails is also in need of reform.

“It’s an important moment to take a look at our use of jails,” said Nancy Fishman, the project director of the Vera Institute’s Center on Sentencing and Corrections and an author of the report. “It’s a huge burden on taxpayers, on our communities, and we need to decide if this is how we want to spend our resources.”

The number of people housed in jails on any given day in the country has increased from 224,000 in 1983 to 731,000 in 2013 — nearly equal to the population of Charlotte, N.C. — even as violent crime nationally has fallen by nearly 50 percent and property crime has dropped by more than 40 percent from its peak.

Inmates have subsequently been spending more time in jail awaiting trial, in part because of the growing reluctance of judges to free suspects on their own recognizance pending trial dates, which had once been common for minor offenses.  As a result, many of those accused of misdemeanors — who are often poor — are unable to pay bail as low as $500.

Timed with the release of the Vera Institute report, the MacArthur Foundation announced Wednesday that it would invest $75 million over five years in 20 jurisdictions that are seeking alternatives to sending large numbers of people to jail.  The jurisdictions, which could be cities, counties or other entities that run local jails, will be announced this spring.  Nationwide, the annual number of jail admissions is 19 times higher than the number of those sent to prison, and has nearly doubled since 1983, from about 6 million to 11.7 million. A significant number are repeat offenders, the report said.

Via this link, the Vera Institute has available the full Incarceration’s Front Door report, a helpful summary and the infographic I have tried to reproduce here.

February 11, 2015 in Offender Characteristics, Prisons and prisoners, Procedure and Proof at Sentencing, Scope of Imprisonment | Permalink | Comments (0) | TrackBack

Sunday, February 08, 2015

Highlighting the role of prosecutorial activity in modern mass incarceration

Images (3)I am pleased to see this new Slate piece giving attention to Professor John Pfaff's important and effective analysis of the reasons for modern mass incarceration.  The piece is headlined "Why Are So Many Americans in Prison?: A provocative new theory," and here is how the piece sets up a Q&A with John, along with a key portion of the Q&A explaining the heart of John's statistical insights:

Criminal justice reform is a contentious political issue, but there’s one point on which pretty much everyone agrees: America’s prison population is way too high.  It’s possible that a decline has already begun, with the number of state and federal inmates dropping for three years straight starting in 2010, from an all-time high of 1.62 million in 2009 to about 1.57 million in 2012.  But change has been slow: Even if the downward trend continues, which is far from guaranteed, it could take almost 90 years for the country’s prison population to get down to where it was in 1980 unless the rate of decline speeds up significantly.

What can be done to make the population drop faster? Many reformers, operating under the assumption that mass incarceration is first and foremost the result of the war on drugs, have focused on making drug laws less punitive and getting rid of draconian sentencing laws that require judges to impose impossibly harsh punishments on people who have committed relatively minor crimes. But according to John Pfaff, a professor at Fordham Law School, neither of those efforts will make a significant dent in the problem, because they are based on a false understanding of why the prison boom happened in the first place.  Having analyzed statistics on who goes to prison, why, and for how long, Pfaff has emerged with a new and provocative account of how the problem of mass incarceration came to be.  If he’s right, the implications for the prison reform movement are huge and suggest the work needed to achieve real progress will be much harder than most people realize.

In a conversation with Slate, Pfaff explains his theory....

Q: So why did the prison population keep on rising after 1991, when the crime wave ended? It seems like if your theory is right, that the increase in violent crime and property crime caused the prison boom, the end of the crime wave should have been accompanied by decreasing incarceration rates.

A: Three things could have happened. One, police just got much more efficient—they’re just arresting more and more people, with new policing technologies, new policing approaches—maybe they’re just arresting a bigger share of offenders. But we don’t actually see that. Arrests tend to drop with the crime rate. So the total number of people being arrested has fallen. The other thing it could be is we’re just locking people up for longer—but like I said, it’s not that. So clearly what’s happening is we’re just admitting more people to prison. Though we have a smaller pool of people being arrested, we’re sending a larger and larger number of them to prison.

Q: Why would that be?

What appears to happen during this time — the years I look at are 1994 to 2008, just based on the data that’s available — is that the probability that a district attorneys file a felony charge against an arrestee goes from about 1 in 3, to 2 in 3.  So over the course of the ’90s and 2000s, district attorneys just got much more aggressive in how they filed charges. Defendants who they would not have filed felony charges against before, they now are charging with felonies.  I can’t tell you why they’re doing that.  No one’s really got an answer to that yet.  But it does seem that the number of felony cases filed shoots up very strongly, even as the number of arrests goes down.

As regular readers likely know, I am a big fan of John Pfaff's research.  Anyone concerned about mass incarceration, especially at the state level, need to look at his research, and I think John is very right to focus on the importance of state prosecutorial activities and the relatively limited direct impact of the modern federal drug war on state incarceration realities.  (I must note, though, that John's analysis here is not now really "new and provocative": as this 2009 post notes, John himself highlighted this statistical story in a Slate commentary six years ago and most informed folks know prosecutorial activities have played a huge role in modern mass incarceration.)

That said, in part because John's analysis  is especially focused on state data, I fear he misses how the modern drug war, fueled especially by the growth of the federal criminal system, provides one big explanation for why and how "over the course of the ’90s and 2000s, district attorneys just got much more aggressive in how they filed charges."   In the 1980s and before, the feds generally prosecuted significantly less than 10,000 drug cases each year.  But thanks largely to the tough new drug penalties (and added prosecutorial resources) that the Congress put in place by the end of the 1980s, the feds started prosecuting tens of thousands more drug offenders each year and averaged more than 25,000 yearly drug prosecutions through the 2000s.  These additional federal prosecution of drug offenders surely freed up state prosecutors to focus more time and attention on other cases/offenders and allowed them to get "much more aggressive in how they filed charges."

In other words, in the 1980s and before, the feds prosecuted far less than 100,000 drug offenders each decade, and all the other folks arrested by states were not as aggressively prosecuted because state prosecutors saw limited value in cycling lots of lower-level drug offenders through their system.  But throughout the ’90s and 2000s, the feds prosecuted well over 500,000 drug offenders; that freed up space, time, energy for other folks arrested by states to be aggressively prosecuted.  (These forces also had a synergistic impact as new tough three-strikes laws in states and at the federal level extended greatly the terms of those repeatedly cycling through criminal justice systems.)

My point here is not to assert that John's data analysis is misguided or inaccurate in any way.  But I do think it important --- indeed, essential --- to see how the drug war and other toughness effort at both the federal and state level fed off each other in order to change state prosecutorial behaviors in the way John highlights.  And, perhaps most importantly, all of this needs to be studied closely to fully understand how we got into our modern costly mass incarceration mess and how we might best find out way out.

Prior posts about Prof. John Pfaff's important research:

February 8, 2015 in Data on sentencing, Detailed sentencing data, Drug Offense Sentencing, Prisons and prisoners, Procedure and Proof at Sentencing, Scope of Imprisonment, Who Sentences? | Permalink | Comments (5) | TrackBack

Friday, February 06, 2015

Bipartisan Recidivism Risk Reduction Act introduced in US House

This notable press release from the office of Representative Jason Chaffetz provides the details of a federal prison reform bill that would be extremely consequential if it can get enacted. Here are excerpts from the release providing basic details about the bill:

Republicans Jason Chaffetz (R-UT) and Trey Gowdy (R-SC) joined with Democrats Cedric Richmond (D-LA) and Hakeem Jeffries (D-NY) to introduce H.R. 759, Recidivism Risk Reduction Act. This bipartisan legislation uses risk assessment tools to reduce recidivism, lower the crime rate, and reduces the amount of money spent on the federal prison system....

H.R. 759 would implement a post-sentencing dynamic risk assessment system to identify an inmate’s risk of recidivism. Then, using evidence-based practices developed by states, effective recidivism reduction programs are identified and utilized. The bill would then provide incentives for inmates to participate in those programs.

Ultimately, inmates could earn credits toward an alternative custody arrangement – such as a halfway house or home confinement – at the end of their term. Such arrangements reduce the cost of housing an inmate in the federal prison system.

The program will be phased in over a five year period. The savings will be reinvested into further expansions of proven recidivism reduction programs during this time. After that, it is anticipated that the savings can be used either for other Justice Department priorities such as FBI agents, US Attorney offices etc., or the savings can be used to help reduce the deficit. Similar programs have found success on a state level in several states including Texas, Oklahoma, Ohio, and North Carolina.

In addition, Reps. Chaffetz and Jefferies introduced HR 760, the Bureau of Corrections Renaming Act. This bipartisan legislation would simply rename the “Bureau of Prisons” – under the jurisdiction of the Department of Justice – the “Bureau of Corrections.” Over ninety percent of all federal prisoners will eventually be released. This small change will help the Bureau remember that its mission is not just to house people, but also to rehabilitate prisoners such that they are productive members of society when released. Forty-eight states throughout the country use the word ‘corrections’ in describing their prisons.

The Attorney General is directed to consult with appropriate federal agencies and stakeholders to design, develop, implement, and regularly upgrade an actuarial Post Sentencing Risk Assessment System which shall include one or more comprehensive risk and needs assessment tools, which shall be peer-reviewed and validated, and periodically re-validated, on the federal prison population for the specific purposes of this Act.

Prisoners will be divided into high, moderate, or low risks of recidivism. Prisoners will be periodically re-evaluated and have the opportunity to progress to low risk of recidivism. Prisoners who misbehave can move the other way – i.e. from low to moderate risk of recidivism. Bureau of Prisons shall incentivize prisoners to reduce their individual risk of recidivism by participating in and completing recidivism reduction programs.

Prisoners who have committed more serious crimes such as child abuse, terrorism, and violent felonies, are not eligible for the program.

If a prisoner is successfully participating in and/or completing programs, holding a prison job, participating in educational courses, participating in faith-based services and courses, or delivering programs or faith-based services and courses to other prisoners, the prisoner can earn [certain credits based on their risk levels]. Low risk prisoners will be eligible for consideration for alternative custody such as halfway houses, home confinement, ankle bracelets, etc.

This is not automatic – it must be reviewed and approved by the prison warden, the chief probation officer in the relevant federal district, and a judge in the relevant federal district.

This is not a reduction in sentence – prisoners are not being released and nothing in this Act affects Truth in Sentencing requirements that prisoners complete at least 85% of their sentence.

Some recent related posts:

UPDATE:  Not to be overlooked (even though I managed to overlook it), this past week also saw another notable bipartisan federal bill of not introduced in both houses of Congress.  This press release from the office of Senator Rand Paul provides the basics:

Today, Senator Rand Paul (R-KY), Senator Patrick Leahy (D-VT), Representative Thomas Massie (R-KY), and Representative Bobby Scott (D-VA) introduced the Justice Safety Valve Act (S. 353/H.R. 706) in the Senate and House of Representatives.  The Justice Safety Valve Act would give federal judges the ability to impose sentences below mandatory minimums in appropriate cases based upon mitigating factors.

February 6, 2015 in Prisons and prisoners, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Reentry and community supervision, Scope of Imprisonment, Who Sentences? | Permalink | Comments (4) | TrackBack

Thursday, February 05, 2015

"Could 2015 be the year Congress finally gets serious about criminal-justice reform?"

The title of this post is the subheading of this new Mother Jones piece which carries this main headline: "On These 5 Things, Republicans Actually Might Work With Dems to Do Something Worthwhile." Here are highlights (mostly) from the start and end of the piece:

Recently, bipartisan momentum has been building behind an issue that has historically languished in Congress: criminal-justice reform. Recent Capitol Hill briefings have drawn lawmakers and activists from across the political spectrum—from Sen. Al Franken (D-Minn.) to Koch Industries general counsel Mark Holden, whose boss, conservative megadonor Charles Koch, has made reform a key philanthropic priority.

The emergence of this unlikely coalition has been building for some time: Liberals have long been critical of the criminal-justice status quo, and many "tough on crime" conservatives — growing concerned by the staggering costs of mass incarceration and the system's impingement on liberty — are beginning to join their liberal and libertarian-minded colleagues. In the past, bills aimed at overhauling the criminal-justice system have stagnated on Capitol Hill, but the bipartisan players who are coming together to push for change means that there are some reforms that could realistically gain traction, even in this divided Congress....

Earned-time credits....

Easing up mandatory minimums....

Juvenile-justice reform....

Reducing recidivism....

Sealing and expunging records....

Despite the bipartisan efforts, many experts still believe that there are plenty of issues that could pose serious obstacles to compromise. Beyond the disagreement on mandatory minimums, there's potential conflict on the role of for-profit prisons, which conservatives praise and Democrats like Booker loathe. Additionally, support for loosening drug penalties — particularly for marijuana — is growing broadly popular, but powerful Republicans remain vocal opponents....

There is one especially powerful force pushing along reform: The federal government is expected to spend nearly $7 billion on prisons this year, and conservatives in charge of Congress will be under pressure to bring down costs. "With every Congress, I'm hopeful for reform," Hurst says. "But this Congress' argument is based on money, not humanity, which is why it's more realistic that it'd happen."

February 5, 2015 in Drug Offense Sentencing, Mandatory minimum sentencing statutes, Prisons and prisoners, Purposes of Punishment and Sentencing, Scope of Imprisonment, Sentences Reconsidered, Who Sentences? | Permalink | Comments (2) | TrackBack

Wednesday, February 04, 2015

A positive perspective on possible prison reform emerging from Congress

This lengthy new article in The National Journal provides an interesting and informative look at the politics and people at the center of federal sentencing and prison reform discussions. The piece's headlined highlights its themes: "This Is How Justice Reform Can Actually Happen This Year: Chuck Grassley's power will change the dynamics of sentencing reform. But there's still a bipartisan way forward in the Senate." The full piece is a must-read for anyone closely following congressional reform realities, and here is how the article starts:

The rise of Sen. Chuck Grassley to the head of the Judiciary Committee has made a lot criminal-justice reform advocates nervous.

Four months ago, before Republicans took back the Senate, it appeared that reducing mandatory minimums had overcome crucial hurdles.  The Smarter Sentencing Act, which would reduce mandatory minimums for some drug offenders, passed out of committee in January 2014 and attracted a roster of high-profile backers, from former GOP vice presidential nominee Paul Ryan to progressive leader Elizabeth Warren of Massachusetts. Potential 2016 presidential candidates such as Sens. Rand Paul and Ted Cruz had decried mandatory minimums.  Even President Obama and the Koch brothers, who have spent millions against him, agreed the sentencing requirements had to be reduced.

But, like many conservatives who came to power in an era when Republicans branded themselves as the "tough on crime" party, Grassley has made it clear that he sees the steady reduction in violent crime in the United States over the last 30 years as a direct reflection of more-effective policing strategies.  And he believes that mandatory minimum laws that ensure criminals stay locked up have been key to that progress.

Grassley's posture toward mandatory minimums has given some advocates pause. "I do think we can work with him," Sen. Jeff Flake, R-Ariz., a member of the Judiciary Committee, said of Grassley.  "He knows some changes need to be made, but it does influence how far you can go if the chairman stands opposed."

In a Democratic-controlled Congress, many saw a clear path for reducing mandatory minimums.  A handful of vocal GOP supporters have continued to say justice reform should remain a key priority in the new Senate.  But with Grassley in charge, the path forward for criminal-justice reform will likely look very different.

And we may get our first true glimpse of it next week — when GOP Sen. John Cornyn of Texas introduces a rare bill that could actually get through Congress and be signed by the president.  That legislation would be similar to what was known as the Recidivism Reduction and Public Safety Act in the 113th Congress.  That bill was also bipartisan but far less contentious than the Smarter Sentencing Act among the Republican rank-and-file. Even Grassley voted it out of committee last year, where it passed 15 to 2.  Many of the same members are still sitting on the committee with a few GOP additions, including Thom Tillis of North Carolina and David Perdue of Georgia.

The bill next week will focus on transitioning prisoners back into the community after they have served their time. It requires that each inmate undergo a risk assessment to evaluate his or her propensity for recidivism.  Then it allows those deemed medium- and low-risk to earn credits for participating in programs such as job training or substance abuse counseling.  Certain well-behaved and low-risk offenders could then use those credits to serve out the final days of their sentences under some kind of community supervision.

Grassley's office insists that it is early, and no decisions have been made on what bills will make it through the committee.  There is an attorney general to confirm and more on the committee's docket that comes before discussions about far-reaching justice reform.  But, shuffling down the hallways of the Dirksen Senate Office Building in January, Grassley rattled off his top three goals for the committee. "Juvenile-justice reform, patent trolling, and ... prison reform," he said.  "There are some things where there is a pretty good shot of getting some bipartisan agreement."  And, if the Senate GOP's No. 2 introduces the bill, it will make it harder for Grassley to ignore.

February 4, 2015 in Elections and sentencing issues in political debates, Mandatory minimum sentencing statutes, Offender Characteristics, Prisons and prisoners, Reentry and community supervision, Scope of Imprisonment, Sentences Reconsidered, Who Sentences? | Permalink | Comments (2) | TrackBack

Tuesday, February 03, 2015

"How to Stop Revolving Prison Doors With Books"

The title of this post is the title of this extended piece in the Harvard Political Review authored by Alice Hu.  Here is how it starts and ends: 

Education reduces crime.  This connection seems like common sense, and indeed it has been researched, analyzed, and affirmed countless times.  According to a 2007 collaborative study by Columbia University, Princeton University, and City University of New York, higher education reduces the crime rates of both juveniles and adults by impacting social behavior and economic stability.

The effect of education on crime-reduction is even more dramatic for a certain group within the population: the incarcerated.  To many, the idea of convicts receiving a free college education behind bars is confounding and, more often, infuriating.  When New York Governor Andrew Cuomo introduced a plan to publicly finance basic college education programs in state prisons, legislators in Albany called it “a slap in the face” for law-abiding citizens.

While this response is understandable, the arguments themselves neglect the actual effects of college-in-prison programs.  According to the U.S. Department of Education, inmates who participated in education programs had a 43 percent lower chance of returning to prisons than those who did not.  By drastically reducing the recidivism rate of former inmates, education in prisons returns a tremendous social benefit for all members of society.  Prison education programs not only save an enormous sum of tax dollars spent on prisons annually, but they also have a profound effect on thousands of families and communities.  The current resistance to college-in-prison is founded upon political rhetoric rather than any factual evidence. Indeed, this type of rhetoric by politicians is perhaps indicative of a large, troubling trend in education and incarceration....

College stops the revolving prison doors. It allows inmates the opportunity to reintegrate into society, to work, pay taxes, and contribute to society.  It saves the public billions of tax dollars, money that can go toward higher education aid for students rather than prison expansion.  The “tough on crime” rhetoric may have helped past politicians — Democrats and Republicans alike — to win elections, but it has done little to help the people inside or outside the prisons.  Indeed, the adverse effect of forgoing college programs for inmates cuts across partisan lines and prison bars.  Perhaps this is why President Clinton, who was once adamant about being “on the side of those who abide by the law,” has since commended Bard Prison Initiative as a “good investment in a safer, more productive society.”  Politicians can choose to neglect the evidence and paint college-in-prison programs as unfair to law-abiding citizens, but the true injustice lies in the continuation of ineffective and costly practices when a solution is readily available — education.  It is common sense, after all.

February 3, 2015 in Offender Characteristics, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0) | TrackBack

Monday, February 02, 2015

Getting a European perspective on crowded prisons

WO-AV345_EUPRIS_9U_20150202185222This new Wall Street Journal article, headlined "Overcrowding Puts Strains on Europe’s Century-Old Prisons," highlights that the US does not have the most densely populated prisons in the world even though we have the largest total prison population. Here are some details from the article:

While cities and states across the U.S. are selling off prisons as the inmate population shrinks, Europe faces the opposite challenge: how to cope with chronic overcrowding in old, cramped jails.

The fortresslike structure of Forest prison is in the otherwise chic Saint-Gilles district of Brussels. Built in 1910 to house 380 inmates, it currently holds 600, most of whom are awaiting trial. In two of the four wings, three inmates are held in 90-square-foot cells designed for one. Two share bunk beds while the third has a mattress on the floor. They eat there and share a toilet. In the other half, prisoners have individual cells but no running water. They must relieve themselves in a bucket that can go unemptied for 48 hours....

“It is medieval,” said Vincent Spronck, who became warden four years ago after a decade working in other prisons. “I didn’t know these conditions still existed until I got here.” The problem isn’t limited to Forest or even Belgium.

In central London, the 170-year-old Pentonville Prison houses 1,303 men in a space designed for 913. An official report found “significant, easily visible vermin infestations,” dirty cells, and rampant drug abuse, and suggested shutting it down.

La Modelo in Barcelona, built in 1904, held 1,781 inmates in space designed for 1,100 when it was last inspected by a team from the intergovernmental Council of Europe, the continent’s human-rights watchdog. Lisbon Central Prison (built 1885) has an official capacity of 886, but was holding 1,310 prisoners in May 2013. Korydallos Prison, built in the 1960s in Athens, should hold 840 people, but held 2,300 in April 2013.

“The whole structure is in a state of crisis,” said Hugh Chetwynd, head of division for the Council of Europe’s Committee for the Prevention of Torture. Overcrowding means “staff struggle to keep proper control, so they resort more to excessive force.” Prison populations per capita are growing in most European countries....

One solution is to send prisoners abroad. Belgium pays €43 million ($48 million) a year to the Netherlands to hold 600 prisoners over the border in a former military barracks in Tilburg. Belgium and Italy, which also has a long-term overcrowding problem, are building new prisons, but some experts argue this doesn’t resolve the problem. “You build big prisons…that leads to higher population rates,” said Peter Bennett, who was warden at four prisons before becoming director of the London-based ICPS. “All the research shows that sending people to prison doesn’t reduce the crime rate.”

Still, while there appears to be no strong relationship across countries between incarceration and crime rates, the crime rate in the U.K. has fallen as the prison population has risen. Peter Cuthbertson, director of the Center for Crime Prevention, said taking serial criminals off the streets cuts crime. “If you don’t do anything else,” he said, a criminal “can easily end up committing hundreds of crimes a year.” He said that longer sentences reduce recidivism rates and while overcrowding isn’t ideal, his solution is to build more prisons.

February 2, 2015 in Prisons and prisoners, Scope of Imprisonment, Sentencing around the world | Permalink | Comments (7) | TrackBack

Indiana sentencing reforms highlight how low-level criminal justice is forced to fill public health gaps

This lengthy local article from Indiana, headlined "County jails fear onslaught of addicts, mentally ill from prisons," provides an effective showcase of the relationships between criminal-justice issues and public-health issues. Here is how:

With the passage of sentencing reforms last year, one study estimates that more than 14,000 low-level offenders, some with serious addictions and mental illnesses, will no longer be kept in prison.  They will be diverted to county jails and community corrections programs that [Franklin County Sheriff Ken] Murphy and others say are ill-equipped to handle the onslaught.

Many such offenders need expensive mental health care — some requiring hundreds of dollars a month in medication.  "These are people with real problems that need treatment," Murphy said. "We need a secure facility or work release or whatever where we can send these folks ... where they can receive treatment, and when they're released, somebody follows up with them."

Sheriffs across the state say jails are not designed for all that.  Jails are meant to hold people awaiting trial, not to house and rehabilitate those who have been convicted. Many do not have mental health services.  Some counties also lack money to expand treatment programs or to launch community corrections programs that provide alternatives to jail, such as housing and GPS monitoring.  That, Murphy said, makes this legislative session critical for public safety.

The success of the criminal code reform under House Enrolled Act 1006, which took effect in July, hinges largely on providing funds for county programs.  Without them, Murphy and others say, people with mental illness and substance abuse problems have a higher risk of failing and re-offending....

"County jails are totally based on the idea in our society that you are innocent until proven guilty," said Howard County Sheriff Steve Rogers. "(HEA) 1006 wants us to hold folks after they've been convicted. Then they won't be pretrial detainees." Rogers said HEA 1006 will put a strain on his jail's mental health resources. "If we can reduce the amount of people that have these mental health issues in our jail," Rogers said, "I think we can handle what 1006 will bring us."

Jails also lack educational programs and vocational training offered in the DOC. "We're not here to rehabilitate," said Capt. Harold Vincent, commander at the Howard County Jail. "That doesn't happen in the jail setting."

Inmates with mental illnesses and substance abuse problems are expensive to incarcerate because of their medical and psychiatric needs. In Marion County, for instance, about 30 percent of inmates are mentally ill, and they take up roughly $7.7 million of the sheriff's budget every year, Layton said. Eighty-five percent have substance abuse problems.

Medication for the mentally ill costs about $800 to $1,500 per dose per person, said Dr. Erika Cornett, medical director for the behavioral health division of Community Howard Regional Health.  Some need an injection once a month, while others need two. That means one mentally ill inmate can cost a jail up to $3,000 a month in medication alone....

Will the political atmosphere be agreeable to spending more money on programs and services that help criminals?  Some hope so....   Some, however, think there will be political resistance.  Investing in other areas, such as education, is more popular.

This article is notable in part because it helps highlight that efforts to reduce prison populations and associated costs could be "penny wise, pound foolish" if there are not adequate resources devoted to services needed to aid localities with community supervision and reentry needs.  More broadly, by detailing various links between health-care needs and criminal justice institutions, this article suggests that effective health-care reform (especially for the poor) may be as critical to public safety and to the public fisc as is effective sentencing reform.

February 2, 2015 in Prisons and prisoners, Purposes of Punishment and Sentencing, Scope of Imprisonment, Sentences Reconsidered, Who Sentences? | Permalink | Comments (0) | TrackBack

Sunday, February 01, 2015

Seemingly without a "grim roster of victims," California reduces extreme prison crowding as ordered in Plata

DownloadAs long-time readers will recall, the US Supreme Court in 2011 in Plata upheld, by a 5-4 vote, a lower-court order that imposed on California a requirement to have its prison population reduced below 137.5% of capacity to remedy extreme Eighth Amendment violations in prison conditions (basics here).  In their dissenting Plata opinions (as noted here and here), Justices Alito and Scalia predicted this ruling would likely produce "a grim roster of victims" and a massive number of "murders, robberies, and rapes" in California.  Similarly, as noted here, in response to Gov Jerry Brown's realignment plan to deal with the Plata problems, the Los Angeles DA predicted "the greatest spike in crime of the last several decades."

Fast forward a few years and this local story now reports that "California’s prison system has hit a milestone, with new figures showing that the inmate population inside the state’s 34 adult prisons has fallen below a court-ordered cap more than a year ahead of schedule."  Here is more: 

California’s prisons steadily filled in the 1990s as tough-on-crime measures such as the “three-strikes” law won public support. In November 2006, the prison population hit 162,804 -- larger than Elk Grove’s current estimated population -- or 200.2 percent of the design capacity at that time.

Lawyers for the inmates said overcrowding had reached the point that medical and mental health care services for prisoners were unconstitutional, and they renewed their legal challenge to a system in which inmates were being housed in triple-deck bunks in prison gyms and other open spaces.  The state disagreed and continued to fight, but in August 2009 a panel of three federal judges said the situation had “brought California’s prisons to the breaking point.”

The panel decreed that within two years the state would reduce inmate populations to 137.5 percent of capacity.  The U.S. Supreme Court agreed in a 5-4 decision in 2011 that the prison population had to be reduced, prompting a series of efforts under Gov. Jerry Brown that led to Thursday’s levels.

Under the latest court orders, California has until Feb. 28, 2016, to cut its inmate population to the 137.5 percent benchmark. The early success in getting to that point can be traced largely to the governor’s prison realignment plan, passed in 2011, which shifted responsibility for nonviolent, low-level offenders from the state to counties.

Before that plan, as many as 60,000 inmates annually were sent to prisons as parole violators and served an average of 90 days. The Department of Corrections says realignment has cut the prison population by about 25,000 inmates. Counties statewide have seen an increase in jail inmates during that time frame....

[In addition,] 2,035 inmates have been released since passage of Proposition 47 in November, which redesignated several felony-level crimes, including some drug possession and property offenses, as misdemeanors. [And] 1,975 inmates in prison after a “third strike” have been released since voters approved Proposition 36 in 2012.  The measure allows for inmates to seek resentencing if their third strike was not considered serious or violent.

So, one should ask, what has happened recently in California with respect to crime rates, especially violent crimes that produce the greatest harms to victims.  This Crime & Consequences post provides a quick summary of the latest official data: "California property crimes per 100k population totaled 2,665.5 in 2013, a 3% drop from the 2012 figure although still above the rate before the realignment law went into effect.  Even better, the rate of violent crimes, less affected by that law, is down to a level not seen since 1967."

Posts at C&C highlight data indicating an increase in car thefts and other property crimes in recent years in California.  But I do not think even the greatest critics of Plata and the state's responses can assert that, as was predicted by a prominent prosecutor, California has experienced "the greatest spike in crime of the last several decades."  In sharp contrast, violent crime has continued to drop in the state in the wake of Plata.  

Though I doubt we will be hearing any sort of mea culpa from those who predicted that the public safety sky was sure to fall after Plata, I hope the California story will help inform assessments of future Chicken-Little-type predictions.

February 1, 2015 in Prisons and prisoners, Scope of Imprisonment, Sentences Reconsidered, Who Sentences? | Permalink | Comments (13) | TrackBack

Thursday, January 29, 2015

Examining the sources of an ever-aging US prison population

NA-CE465_AGING_9U_20150128190609This Wall Street Journal article, headlined "U.S. Prisons Grapple With Aging Population: More Middle-Age Offenders Are Entering or Re-entering Facilities, Research Shows," explores why and how the population of incarceration nation is aging.  Here are excerpts:

Criminal-justice experts often attribute the older prison population to harsher sentencing policies and antidrug laws adopted in the 1980s.  The conventional wisdom is that enforcement of these laws led to longer sentences and more time served, which, in turn, is rapidly driving up the average age of inmates.

New research, however, offers an alternative view: The population of graying prisoners has exploded in recent years largely because more offenders ... are entering or re-entering prison in middle age.  It is a finding that could force states to rethink their efforts to tamp down on the escalating costs of caring for older inmates.

“People are getting arrested and sentenced to prison at a higher rate in their 30s, 40s and 50s than they used to,” said Shawn Bushway, a public policy professor at the University at Albany who co-wrote a coming study on the aging of those incarcerated.

The average inmate generally costs $20,000 to $30,000 a year to incarcerate.  Elderly prisoners, often defined as those older than 50, cost as much as three times more, researchers estimate, because they are more likely to have chronic medical conditions that require expensive treatments.

The population of U.S. prisoners over the age of 44 grew more than 8% annually from 1991 to 2011 — four times the rate of prisoners under the age of 35, according to the Bureau of Justice Statistics, the research arm of the Justice Department.  The proportion of inmates 54 years or older nearly tripled in that time, from 3% to more than 8%.  At the end of 2013, about 270,000 U.S. inmates were 50 years or older, out of a total prisoner population of more than 1.5 million, according to BJS.

Mr. Bushway’s research, based on U.S. Census surveys of state prisoners spanning from 1974 to 2004, suggests the trend is linked to high rates of reported drug use among older inmates — particularly those who came of age in the 1980s ... and have cycled in and out of prison for much of their adult lives....

A separate study on aging prisoners, funded by the Bureau, analyzed data from South Carolina, North Carolina, New York and California, where the proportion of prisoners 50 years or older more than doubled since 2000.  The researchers, economist Jeremy Luallen and statistician Ryan Kling of consulting group Abt Associates, concluded that “rising admission age is the primary force driving the increase in the elderly group.”

The changing nature of offenses over time doesn’t explain the trend, nor do changes in sentencing severity, which had “virtually no impact” on the size of the group, they wrote. “Policy makers are missing an important part of the problem,” Mr. Luallen said in an interview. As states try to rein in costs of mass incarceration, Mr. Luallen said, they would do well to focus more on the flow of older people into the prison system than on reducing their sentences.

“Changing sentencing laws won’t affect” the increasing number of older prisoners, said John Pfaff, a professor at Fordham University School of Law, who studies mass incarceration. “You need to change the behavior of the district attorneys.”

The issue of recidivism continues to pose problems for state governments struggling to contain the costs of mass incarceration. A 2014 U.S. Bureau of Justice Statistics study that examined state prisoners released in 2005 found that about two-thirds were arrested for a new crime within three years.

Harsher laws, such as those that mandate a life sentence after a person is convicted of three felonies, indisputably have led to more time behind bars for some. Bryce Peterson, a researcher at the Urban Institute, said longer sentences have “some effect” on the aging prison population. “It would be misleading to downplay that too much.” Mr. Peterson said he believed that Messrs. Luallen and Kling would have found that the length of time served in prison played a larger role in the graying of the inmate population had their study looked back further than 2000.

January 29, 2015 in Offender Characteristics, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (1) | TrackBack

Monday, January 26, 2015

Could charter schools within the prison system help reduce recidivism?

The question in the title of this post is prompted by this interesting article from Georgia headlined "Gov. Deal wants new charter high schools for prison system." Here are excerpts:

Gov. Nathan Deal in the both the amended 2015 and 2016 budgets is [recommending the legislature devote] money to help lower the recidivism rate in Georgia’s prisons.  He’s including over $15 million dollars for two new charter high schools in the prison system so inmates can actually earn a diploma as opposed to just a GED. He says seven out of ten Georgia inmates have neither.

“Education can open the door of opportunity while shutting the revolving door that has plagued our prison system for far too long,” says Deal.

The recommendation includes nearly 30 academic positions for the new schools which would begin with the 2015-2016 school year. Deal says the schools would partner with the newly renamed Georgia Career College System, formerly the state’s technical colleges, to teach vocational skills. He says private prisons would also be given incentives to do the same.

“With a high school diploma or a GED, these individuals will certainly be better equipped to get a job and hopefully able to assume a greater pursuit of a job opportunity in the future because they have this basic education behind them,” says Deal.

He’s also including money to help inmates better assimilate into society once released through a transitional housing program for those inmates considered at highest risk for reoffending. Another $5 million is being proposed to expand the state’s accountability courts to keep non-violent offenders out of prison.

January 26, 2015 in Criminal Sentences Alternatives, Prisons and prisoners, Reentry and community supervision | Permalink | Comments (3) | TrackBack

"The Unconvincing Case Against Private Prisons"

The title of this post is the title of this intriguing recent article by Malcolm M Feeley just now appearing on SSRN. Here is the abstract:

In 2009, the Israeli High Court of Justice held that private prisons are unconstitutional. This was more than a domestic constitutional issue.  The court anchored its decision in a carefully reasoned opinion arguing that the state has a monopoly on the administration of punishment, and thus private prisons violate basic principles of modern democratic governance.  This position was immediately elaborated upon by a number of leading legal philosophers, and the expanded argument has reverberated among legal philosophers, global constitutionalists, and public officials around the world.  Private prisons are a global phenomenon, and this argument now stands as the definitive principled statement opposing them.

In this Article, I argue that the state monopoly theory against privatization is fundamentally flawed.  The Article challenges the historical record and philosophy of the state on which the theory is based, and then explores two other issues the theory wholly ignores: private custodial arrangements in other settings that are widely regarded as acceptable if not exemplary and third-party state arrangements that are universally hailed as exemplary.

The Article presents first-of-its-kind empirical data on private prisons in Australia, discusses the implications of readily available information on juvenile facilities, and explores interstate compacts on prisoner transfers.  The Article maintains that the state monopoly theory erroneously asserts that privatization is inconsistent with the modern state, and concludes with a call for policymakers and judges to imbue their future privatization decisions with local knowledge and time-honored pragmatism.

January 26, 2015 in Prisons and prisoners, Sentencing around the world, Who Sentences? | Permalink | Comments (0) | TrackBack

Tuesday, January 20, 2015

How Texas prisons struggling with cost concerns innovate with telemedicine

This Dallas Morning News article, headlined "Texas prisons try telemedicine to curb spending," highlights how the Lone Star State and other states struggle to cope with the increased cost of an aging prison population.  Here are excerpts:

Christopher Aldridge walks into the clinic, hops onto the edge of the examination table and greets his doctor.... It sounds like a routine medical visit — but patient and doctor are not in the same room or even in the same city. The doctor is in a clinic in Galveston, and Aldridge, an inmate at the Estelle prison in Huntsville, is 135 miles away in the prison clinic, talking to the doctor on a TV screen.

The high-tech medical consultation, known as telemedicine, uses technology to connect prisoners, who are often housed in remote areas, with medical experts throughout the state. It’s just one way that the Texas Department of Criminal Justice is trying to control spending on prison health care.  But while telemedicine has shown some success in curbing spending, it hasn’t been enough to stem rising costs due to an aging prison population.

From 2001 to 2008, the cost of providing health care per inmate increased nationally by an average of 28 percent, according to a 2013 report by the Pew Charitable Trusts that examined cost data from 44 states. During that period, Texas and Illinois were the only states to see a reduction in spending. Texas reduced the cost of health care per inmate by 12 percent while Illinois saw a 3 percent decrease.

But that trend has changed in recent years. From 2007 to 2011, Texas prisons have seen a 24 percent increase in health care spending per inmate, according to a more recent study by the Pew Research Center. The July 2014 report looked at cost data for 50 states and found spending increased by an average of 10 percent....

Prison health care is expensive. It cost $7.7 billion to provide health care to U.S. prisoners out of an overall $38.6 billion spent on corrections in 2011, according to the Bureau of Justice Statistics. More than $581 million was spent on health care for Texas’ 152,841 prisoners in 2011.

Texas is trying to lower that cost by subcontracting prison health care to the University of Texas Medical Branch and Texas Tech University. The partnership reduces medication costs through a federal program and uses cost-saving technology such as telemedicine....

But critics argue that telemedicine isn’t the way to save money in a system plagued with long-standing concerns of poor medical care. The Texas Civil Rights Project has filed dozens of lawsuits against the Texas Department of Criminal Justice and its medical contractors citing medical negligence.  Wayne Krause Yang, the project’s legal director, is concerned that telemedicine could shortchange an already vulnerable population....

Telemedicine saved the Texas Department of Criminal Justice $780 million from 1994 to 2008.  Those savings are set to increase as the number of telemedicine consultations rises. About 100,000 telemedicine encounters take place in Texas state prisons each year....

But a steady increase in the number of older prisoners is stretching the prison health budget. Costs for their medical care are two to three times higher than for younger prisoners....

While some states begin to enroll inmates in health insurance under the new Medicaid expansion part of the Affordable Care Act — an option not available to prisoners in Texas — others look to Texas for cues on expanding telemedicine and accessing federal drug pricing programs.

January 20, 2015 in Prisons and prisoners, Technocorrections | Permalink | Comments (1) | TrackBack

SCOTUS rules in favor of prisoner's RLUIPA claim and capital defendant's AEDPA contention

The Supreme Court handed down a few opinions this morning, and two of them involve notable victories for criminal defendants (and notable reversals of the Eighth Circuit).  

Via a unanimous ruling in Holt v. Hobbs, No. 13- 6827 (S. Ct. Jan 20, 2015) (available here), the Court explains why a rigid prison beard policy wrongfully infringes religious rights. Here is how the opinion, per Justice Alito, gets started:

Petitioner Gregory Holt, also known as Abdul Maalik Muhammad, is an Arkansas inmate and a devout Muslim who wishes to grow a 1⁄2-inch beard in accordance with his religious beliefs. Petitioner’s objection to shaving his beard clashes with the Arkansas Department of Correction’s grooming policy, which prohibits inmates from growing beards unless they have a particular dermatological condition. We hold that the Department’s policy, as applied in this case, violates the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 114 Stat. 803, 42 U. S. C. §2000cc et seq., which prohibits a state or local government from taking any action that substantially burdens the religious exercise of an institutionalized person unless the government demonstrates that the action constitutes the least restrictive means of furthering a compelling governmental interest.

We conclude in this case that the Department’s policy substantially burdens petitioner’s religious exercise.  Although we do not question the importance of the Department’s interests in stopping the flow of contraband and facilitating prisoner identification, we do doubt whether the prohibition against petitioner’s beard furthers its compelling interest about contraband.  And we conclude that the Department has failed to show that its policy is the least restrictive means of furthering its compelling interests.  We thus reverse the decision of the United States Court of Appeals for the Eighth Circuit.

Via a summary reversal in Christeson v. Roper, No. 14-6873 (S. Ct. Jan 20, 2015) (available here), the Court explains why lower federal courts were too quick to preclude a capital defendant from arguing a habeas deadline ought to be tolled.  Here is how the Court's per curiam decision gets started:  

Petitioner Mark Christeson’s first federal habeas petition was dismissed as untimely. Because his appointed attorneys — who had missed the filing deadline — could not be expected to argue that Christeson was entitled to the equitable tolling of the statute of limitations, Christeson requested substitute counsel who would not be laboring under a conflict of interest.  The District Court denied the motion, and the Court of Appeals for the Eighth Circuit summarily affirmed. In so doing, these courts contravened our decision in Martel v. Clair, 565 U. S. ___ (2012).  Christeson’s petition for certiorari is therefore granted, the judgment of the Eighth Circuit is reversed, and the case is remanded for further proceedings.

Notably, in Holt, Justices Ginsburg and Sotomayor concurred in a little separate opinion to provide a bit of their own spin on RLUIPA.  And in Christeson, Justices Alito and Thomas dissent from the summary reversal because they would have preferred full briefing concerning a "question of great importance" regarding "the availability of equitable tolling in cases governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)."

January 20, 2015 in Prisons and prisoners, Procedure and Proof at Sentencing, Sentences Reconsidered, Who Sentences? | Permalink | Comments (20) | TrackBack

Sunday, January 18, 2015

Highlighting that most prisoners in Wisconsin now sent there for parole or probation violations

B99420782z.1_20150117211308_000_g199j1go.1-0This lengthy Milwaukee-Wisconsin Journal Sentinel article highlights the interesting reality of just who gets sent to prison in the Badger State and how. The piece carries this headline and subheading: "No new conviction, but sent back to prison; Re-incarceration for rule, parole violations costs taxpayers millions." Here is how the article starts:

More than half of the nearly 8,000 people sent to Wisconsin's prisons in 2013 were locked up without a trial — and they weren't found guilty of new crimes.  Some were punished for violating probation or parole by doing things such as accepting a job without permission, using a cellphone or computer without authorization, or leaving their home county. Some were suspected of criminal activity, but not charged.

Re-incarcerating people for breaking the rules costs Wisconsin taxpayers more than $100 million every year. The process that forces violators back behind bars relies largely on the judgment of individual parole agents, which can vary widely. Once accused of violations, people on parole can be sent back to prison for years without proof beyond a reasonable doubt — and they are left with little chance of a successful appeal.

Hector Cubero's agent, for example, recommended he be returned to prison on his original sentence of life with the possibility of parole after he inked a tattoo on the shoulder of a 15-year-old boy. The tattoo featured a cross and a quote from peace activist Marianne Williamson: "Our deepest fear is not that we are inadequate, our deepest fear is that we are powerful beyond measure."

Cubero maintains the teen lied about his age. Had Cubero been found guilty of tattooing a minor, a city ordinance violation, he would have been ticketed and fined $200. If he had been convicted of tattooing without a license, a misdemeanor, he could have been fined $500 and faced a maximum of 30 days in jail. But because he was on parole at the time, Cubero, 52, has served more than two years — with no guarantee he will ever go home.

Cubero already had spent more than 27 years behind bars for being a party to the crimes of first-degree murder and armed robbery. Court records show Cubero, 18 at the time of the offense, did not plan the robbery or fire the shots that killed the victim, a Milwaukee dentist.

Until the parents of the 15-year-old complained about the tattoo, Cubero had never violated parole, according to Corrections Department records. During the four years he'd been free, he passed all his drug tests, paid his restitution and court costs and worked fairly steadily. Nonetheless, Cubero's parole agent recommended he be sent back to prison. The agent, with cooperation from a prison social worker, also blocked his fiancée, Charlotte Mertins of Delafield, and her three children, all in their 20s, from visiting him.

January 18, 2015 in Offense Characteristics, Prisons and prisoners, Scope of Imprisonment, Sentences Reconsidered, Who Sentences? | Permalink | Comments (5) | TrackBack

Saturday, January 17, 2015

"If crime is falling, why aren’t prisons shrinking?"

Cbpp_statesThe title of this post is the headline of this notable Boston Globe commentary. Here are some excerpts:

The prison population in Massachusetts has tripled in size since 1980. That’s faster than the state economy has grown and even faster than the rise in obesity. Massachusetts is hardly alone in this. Prison populations have mushroomed all across the United States, occasionally reaching rates far higher than anything seen here.  But while many states are now experimenting with approaches that ease criminal penalties, Massachusetts has taken few steps in this direction.
How many people are in prison? About 165 of every 100,000 people in Massachusetts are currently serving prison sentences of a year or longer. That number used to be a lot lower. In the late 1970s, just 50 of every 100,000 people were in state prisons.  You can find this same upward trend most everywhere in the United States; across the country, roughly 430 of every 100,000 people are in state prisons.
 Why has the prison population grown so rapidly? Initially, the growth in prison populations was a response to the surge in crime that shook American cities in the ’60s and ’70s. Faced with eruptions of violence, states everywhere began to put more people in prison and to increase the length of prison sentences.
Despite the fact that crime rates have declined dramatically since the early 1990s, those policing techniques and sentencing laws stayed in place. As a result, the prison population remains elevated....
Liberal and conservative states alike have begun to reassess the efficacy of their incarceration policies.  Partly, that’s about the strain on state budgets — building and maintaining prisons has proved extremely costly. But it’s also because of new research showing that it’s possible to loosen criminal penalties and reduce crime at the same time.
Over the last few years, the states that made the biggest reductions to their prison populations, including New Jersey and Connecticut, have also seen some of the biggest drops in crime.
Since 2008, 29 states have seen both lower crime rates and smaller prison populations. “Justice reinvestment” is the term being used to describe this effort, and what it involves is a careful cost-benefit analysis to see how states can simultaneously keep people out of prison, reduce crime, and save money. Among other things, states are experimenting with:
Looser drug laws. Over a dozen states, from California to Maine, have stopped sending people to prison for possessing small amounts of marijuana. And even with more serious drugs, it can be more effective — and cheaper — to help people get treatment. Texas has invested millions of dollars in treatment programs for drug offenders.
Electronic monitoring. Only recently has it become possible to effectively monitor people without putting them in prison. For those awaiting trial or struggling to keep up with the conditions of their parole, an ankle monitor can be a relatively inexpensive alternative to confinement. New Jersey is one of the states making use of this technology.
Therapy. Some forms of cognitive-behavioral therapy have been shown to keep one-time criminals from becoming two-time criminals, which is good for the public and good for state budgets. Dozens of different states have experimented with these therapies.
What reforms are being tried in Massachusetts? Given that the prison population in Massachusetts is far smaller than elsewhere in the United States, there’s less urgency around issues of reform.  Still, Massachusetts devotes about 3 percent of its budget — over $1 billion each year — to corrections. That’s twice what we spend on early education and roughly the same amount that we devote to higher education....
During his time in office, Governor Patrick had said he hoped this new information would revitalize the state’s sentencing commission, but it’s a big step from data-gathering to policy-making.  For now, other states seem to be taking the lead in the effort to find targeted reforms that can safely reverse the decades-long increase in prison populations.

January 17, 2015 in Prisons and prisoners, Scope of Imprisonment, Who Sentences? | Permalink | Comments (1) | TrackBack

Thursday, January 15, 2015

"Should the Medium Affect the Message? Legal and Ethical Implications of Prosecutors Reading Inmate-Attorney Email"

The title of this post is the title of this timely student note by Brandon Parker Ruben now available via SSRN. Here is the abstract:

The attorney-client privilege protects confidential, legal communications between a party and her attorney from being used against her.  It is among American jurisprudence’s most sacrosanct evidentiary principles.  Unsurprisingly, federal prosecutors cannot eavesdrop on inmate-attorney visits or phone calls, or read inmate-attorney mail.  Courts are currently divided, however, on whether or not the government can be prevented from reading inmate-attorney emails.

This Note explores the incipient body of case law that addresses whether federal prosecutors can read inmates’ legal email.  As courts have unanimously held, the Bureau of Prison’s email monitoring policy destroys the emails’ privilege, thus allowing prosecutors to lawfully read them.  Accordingly, despite misgivings about the practice’s propriety, four courts have ruled that there is no legal basis to prevent it.  Two courts, however, pursuant to no clear authority, have prevented prosecutors from reading defendants’ legal email, even while acknowledging the practice’s legality.

This Note argues that prosecutors should be prevented from reading defendants’ legal email, because doing so unjustifiably degrades the adversary system, and that there are legal bases to so prevent them.  It asserts that BOP’s email monitoring policy unconstitutionally restricts inmates’ Sixth Amendment right of access to counsel, a challenge prisoners’ rights advocates have yet to bring.  In cases where BOP’s email monitoring policy is not at issue, or where a court seeks to avoid a constitutional decision, this Note concludes, federal courts should prevent prosecutors from reading inmates’ legal email by exercising their congressionally delegated authority under the McDade Amendment to enforce state ethics rules.  Specifically, courts should apply Rule of Professional Conduct 8.4(d), which prohibits attorneys from engaging in conduct prejudicial to the administration of justice. 

January 15, 2015 in Prisons and prisoners, Procedure and Proof at Sentencing | Permalink | Comments (3) | TrackBack

Monday, January 12, 2015

County budget woes forces a official jail break in Ohio

Jail12-01A helpful reader altered me to this remarkable local story from Ohio, headlined "Summit County releases 72 inmates from jail," which highlights the extreme measures some officials feel they have to take when budget pressures and prisoner overcrowding reaches a breaking point.  Here are the details that explain this picture:

Summit County closed a wing of its jail Sunday for financial and safety reasons and began releasing inmates.  Seventy-two people — some with low-level felony charges and most nonviolent — filed out of the correctional facility shortly after noon.

They were greeted in the parking lot by family and social agencies, and then headed either to shelters, alternative sentencing programs or home.

“For the safety of everyone in this facility, not only the staff but the inmates as well, we’re doing what we have to do due to the financial situation of this county,” Sheriff Steve Barry said.  Barry, whose career began with the sheriff’s office in 1979, could not recall another time when the county released a large number of inmates for budgetary reasons.

The sheriff had announced the release plan last month, saying he doesn’t have enough deputies to safely oversee the jail.  The county already has cut recreation time and programming for inmates because of staffing.

In late 2013, a national jail expert recommended that the county hire at least 50 more workers or close a portion of the facility.  Then last fall, county voters rejected a sales tax increase that would have funneled most of the money to jail operations.  The facility, on East Crosier Street in Akron, can hold 671 inmates, but will be reduced to 522.  “I don’t want these people out,” Barry said. “I got no choice.”

Asked what the county would do in the future, the sheriff responded: “That’s a very good question” and acknowledged he doesn’t know what the solution is.  The release Sunday was complicated by the fact that the jail received about 50 new inmates over the last two days, Barry said.  That meant some people charged with assaults, domestic violence and other crimes not expected to be let go were set free.

No one charged with murder or rape was released, the sheriff said. It was unclear if any of the inmates were released early from a sentence or if they were all awaiting trial. Sheriff’s officials could not say Sunday.

Barry credited the jail staff for handling the background reviews of all inmates. “They have been working around the clock the last four to five days on who could go and who could not go,” Barry said. He added that authorities attempted to contact every victim of the inmates who were released.

Former inmate Antonio Spragling, 50, of Akron had been in the jail for 47 days. He was arrested last year on drug charges and violation of a protection order and is awaiting trial. “All I could do is thank God,” he said. “I’m spiritual. God is my savior. … Unfortunately I’ve been in situations like this before and there was talk of release and it never happened. I look at it as a second chance and I’m not going to let anyone down. No judge. The system. And more important, I’m not going to let myself down.”

David Kennedy of Barberton and Joseph Griffin Jr. of Akron came to the jail to pick up relatives. As they stood in the parking lot waiting, they said they wished there were more programs to help former inmates and more businesses willing to hire them. Without training and jobs, they’ll just end up back in jail, they said. “They’ve got some good people in there,” Kennedy said. “They just had a bad turn. Somebody didn’t help them out. Nobody gave them that momentum, encouraging them to do the right thing. Some of the people in there you can tell have a good heart.”

January 12, 2015 in Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0) | TrackBack

Sunday, January 11, 2015

Toledo Blade urges "No more prisons" for Ohio as it deals with overcrowding issues

This new editorial from The Toledo Blade makes the case for sentencing reform to deal with Ohio's prison overcrowding problems.  Here are excerpts:

Fueled largely by growing numbers of nonviolent, drug-addicted offenders from rural counties, Ohio’s crowded prison system is at a crossroads: The state must either increase capacity or take the far more sensible, humane, safe, and cost-effective route of finding community-based alternatives to incarceration.

Statistical profiles of the state’s incoming inmates underscore the need for change.  They show many low-level offenders with short sentences that community sanctions could handle more effectively, at a fraction of the $25,000 a year it costs to lock up each prisoner. Ohio’s prison system costs $1.5 billion a year.

Nearly 45 percent of inmates who go to prison each year in Ohio — almost 9,000 people — serve less than a year.  That’s not enough time for them to get involved in meaningful programs that would reduce their chances of returning to prison.  Expanding drug courts in Ohio would ensure that more offenders who struggle with addiction were sentenced to treatment instead of prison.

Gary Mohr, director of the Ohio Department of Rehabilitation and Correction, prudently and courageously rules out building more prisons, though he said crowding statewide could force Ohio to reopen a prison camp.... “As a state, we’re going to have to make some policy decisions,” Mr. Mohr told The Blade’s editorial page. “Are we going to invest in brick and mortar, spending $1 billion over the next 20 years to build and run another prison, or are we going to invest in people? ... I’m not going to build another prison, not with so many nonviolent people coming into the system.”

The rest of the state should listen to its prison chief. Mr. Mohr recently convened a working group of judges and state politicians to find ways to divert more low-level offenders from prison.  He said he would expand halfway houses and other community alternatives to incarceration, and support sentencing reforms that could emerge from the General Assembly this year.

Roughly 30 percent over capacity, Ohio’s prison system holds 50,382 inmates, including 4,049 women.  That’s up about 2 percent from August, 2012.  The prison population would be far higher if the recidivism rate in Ohio were not at a record low 27.1 percent, compared to nearly 50 percent nationwide.  The state could lower that rate even further by starting drug treatment, including medication-assisted treatment, before prisoners are released and continuing that treatment after they go home....

The number of offenders coming from Ohio’s six largest counties, including Lucas, is down, Mr. Mohr said. But a growing number of new prisoners from the rest of the state has more than offset decreases from major urban areas. Ohio’s goal should not be to manage its prison population. It should be to reduce that population significantly, by acting now to expand cost-effective alternatives to incarceration.

Some recent related posts:

January 11, 2015 in Prisons and prisoners, Purposes of Punishment and Sentencing, Scope of Imprisonment | Permalink | Comments (0) | TrackBack