Tuesday, November 13, 2018

Prez Trump reportedly to announce support for FIRST STEP Act with sentencing provisions, greatly increasing its prospects for swift passage

This new CNN article, headlined "President Trump to announce support for criminal justice overhaul proposal," reports on encouraging news regarding efforts to get major federal criminal justice reform enacted in coming weeks. Here are the details:

President Donald Trump is expected to throw his support behind bipartisan criminal justice legislation during an event at the White House on Wednesday, two sources close to the process said.

Trump is scheduled to announce on Wednesday that he is supporting the latest iteration of the First Step Act, a bill that his son-in-law and senior adviser, Jared Kushner, has been working to craft and build support for alongside a bipartisan group of senators, the sources said.  The President will be joined by supporters of the legislation during the White House event, the sources said.

Supporters of the measure expect that Trump's explicit backing will help propel the prison and sentencing overhaul bill through Congress.  The President has wavered on whether to throw his support behind the bill in recent months, but the sources said he was swayed to back the bill on Tuesday after meeting with Kushner.

Trump's support came after several law enforcement associations announced their backing for the legislation.  The National District Attorneys Association, which represents 2,500 district attorneys and 40,000 assistant district attorneys, became the latest law enforcement organization to support the bill, according to a letter the group's president addressed to Trump....

The prosecutors' association's support for the legislation came on the heels of backing from several other law enforcement organizations, including the Fraternal Order of Police, International Association of Chiefs of Police, Law Enforcement Leaders to Reduce Crime and Incarceration and the National Organization of Black Law Enforcement Executives, which also penned a letter of support to Trump.

The Major Cities Chiefs Association and Major County Sheriffs of America also withdrew their opposition to the legislation, writing in a letter to Kushner dated Tuesday that they "endorse the objectives of the First Step Act" and the legislation "strengthens how Federal prisoners may be integrated into the community and set on a path to live positive and productive lives."  Less than two weeks ago, the groups wrote to Kushner to say they could not back the bill.

Opposition from since-ousted Attorney General Jeff Sessions and Republican Sen. Tom Cotton of Arkansas, in particular, served as key stumbling blocks to advancing the legislation, with both touting opposition within law enforcement circles -- an argument that is quickly fading as groups back the proposal.  Sources close to the process said the support from law enforcement associations is key to advancing the measure and securing the President's full-throated support.

Proponents of the bill made several changes to it to win backing from law enforcement groups, including stiffer sentencing guidelines for fentanyl-related offenses and a compromise provision to modestly expand the definition of a serious violent crime.

Now the question is whether enough Democrats will rally to support the compromise package or hold out for a more ambitious overhaul of the nation's sentencing laws. Sen. Cory Booker of New Jersey, who had announced his opposition to a previous version of the bill because he felt it did not go far enough, said Tuesday that he is still looking to get more changes to the bill.

Though I am not going to count any sentencing reform chickens until they are hatched and have been signed into law, I am inclined to start predicting that we are on the verge of a remarkable federal criminal justice reform achievement that will be the most consequential statutory reform in nearly 35 years.  (I am also inclined to recall pieces from late 2016, like the one blogged here, that astutely suggested federal criminal justice reform might still be a real possibility in the Trump era.)  I am not quite yet ready to start patting a whole lot of folks on the back, but I am getting close to wanting to start celebrating the culmination of five years of very hard work by lots of folks inside and outside the Beltway.  Fingers crossed.

Some of many prior related posts:

November 13, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Mandatory minimum sentencing statutes, Prisons and prisoners, Scope of Imprisonment, White-collar sentencing | Permalink | Comments (0)

"Women’s Mass Incarceration: The Whole Pie 2018"

Pie_2018_womenThe Prison Policy Initiative has today posted an updated version of its remarkable incarceration "pie" graphic and associated report on the particulars of who and how women are incarcerated in the United States.  Here is part of the report's introductory text and subsequent discussion:

With growing public attention to the problem of mass incarceration, people want to know about women’s experience with incarceration.  How many women are held in prisons, jails, and other correctional facilities in the United States?  And why are they there?  How is their experience different from men’s?  While these are important questions, finding those answers requires not only disentangling the country’s decentralized and overlapping criminal justice systems, but also unearthing the frustratingly hard to find and often altogether missing data on gender.

This report provides a detailed view of the 219,000 women incarcerated in the United States, and how they fit into the even broader picture of correctional control.  This 2018 update to our inaugural Women’s Whole Pie report pulls together data from a number of government agencies and calculates the breakdown of women held by each correctional system by specific offense.  The report, produced in collaboration with the ACLU’s Campaign for Smart Justice, answers the questions of why and where women are locked up:

In stark contrast to the total incarcerated population, where the state prison systems hold twice as many people as are held in jails, incarcerated women are much more evenly split between state prisons and local jails.  This has serious consequences for incarcerated women and their families.

Women’s incarceration has grown at twice the pace of men’s incarceration in recent decades, and has disproportionately been located in local jails.  The explanation for exactly what happened, when, and why does not yet exist because the data on women has long been obscured by the larger scale of men’s incarceration....

Looking at the big picture shows that a staggering number of women who are incarcerated are not even convicted: a quarter of women who are behind bars have not yet had a trial.  Moreover, 60% of women under local control have not been convicted of a crime and are awaiting trial....

Avoiding pre-trial incarceration is uniquely challenging for women.  The number of unconvicted women stuck in jail is surely not because courts are considering women, who are generally the primary caregivers of children, to be a flight risk.  The far more likely answer is that incarcerated women, who have lower incomes than incarcerated men, have an even harder time affording cash bail.  When the typical bail amounts to a full year’s income for women, it’s no wonder that women are stuck in jail awaiting trial....

So what does it mean that large numbers of women are held in jail — for them, and for their families?  While stays in jail are generally shorter than in stays in prison, jails make it harder to stay in touch with family than prisons do.  Phone calls are more expensive, up to $1.50 per minute, and other forms of communication are more restricted — some jails don’t even allow real letters, limiting mail to postcards.  This is especially troubling given that 80% of women in jails are mothers, and most of them are primary caretakers of their children.  Thus children are particularly susceptible to the domino effect of burdens placed on incarcerated women....

Too often, the conversation about criminal justice reform starts and stops with the question of non-violent drug and property offenses.  While drug and property offenses make up more than half of the offenses for which women are incarcerated, the chart reveals that all offenses — including the violent offenses that account for roughly a quarter of all incarcerated women — must be considered in the effort to reduce the number of incarcerated women in this country. This new data on women underlines the need for reform discussions to focus not just on the easier choices but on the policy changes that will have the most impact....

Even the “Whole Pie” of incarceration above represents just one small portion (17%) of the women under correctional supervision, which includes over a million women on probation and parole.  Again, this is in stark contrast to the general incarcerated population (mostly men), where a third of all people under correctional control are in prisons and jails.

November 13, 2018 in Data on sentencing, Detailed sentencing data, Offender Characteristics, Prisons and prisoners, Race, Class, and Gender, Scope of Imprisonment | Permalink | Comments (0)

Tuesday, October 30, 2018

"Prisoners of Fate: The Challenges of Creating Change for Children of Incarcerated Parents"

The title of this post is the title of this new article available via SSRN authored by Amy Cyphert.  Here is its abstract:

Children of incarcerated parents, the invisible victims of mass incarceration, suffer tremendous physical, psychological, educational, and financial burdens — detrimental consequences that can continue even long after a parent has been released.  Although these children are blameless, policy makers, judges, and prison officials in charge of visitation policies have largely overlooked them.  The United States Sentencing Commission Guidelines Manual explicitly instructs judges to ignore children when fashioning their parents’ sentences, and judges have largely hewed to this policy, even in the wake of the 2005 United States v. Booker decision that made those Guidelines merely advisory, not mandatory.

Although some scholars have suggested amending the Guidelines or making other legislative changes that would bring children’s interests forward at the sentencing phase, these suggestions are less likely than ever to bear fruit.  In light of the Trump Administration’s “tough on crime” rhetoric, new Attorney General Jefferson Sessions’ “law and order” reputation, and Republican control of the House and Senate, policy change that is viewed as “progres- sive” is highly unlikely.  Therefore, this Article proposes two other avenues for change. 

First, in a new and unique proposal, this Article suggests federal judges can and should independently order the inclusion of Family Impact Statements into a defendant’s presentence investigation report via a heretofore largely unused “catchall provision” of the Federal Rules of Criminal Procedure.  Second, this Article makes three modest policy recommendations that are aimed at improving the ability of children to visit their incarcerated parents.  Visitation has been shown in studies to be a powerful tool of mitigation for many of the harms children experience when their parents are incarcerated, but visitation rates are woefully low.  The options for improving circumstances for children of incarcerated parents may well be limited, but there are viable options, and there is no time to waste.

October 30, 2018 in Offender Characteristics, Prisons and prisoners | Permalink | Comments (0)

FAMM laments problems in federal prisons while urging Prez Trump to new head for Bureau of Prisons

As detailed in this press release, FAMM President Kevin Ring has now sent this letter to President Trump urging him to appoint a director of for the US Bureau of Prisons ASAP.  Here is how this latter gets started:

I write today to urge you to appoint a reform-minded individual to serve as Director of the U.S. Bureau of Prisons (BOP) as soon as possible. The BOP has been without a permanent director since General Mark Inch’s resignation from the post in May of this year. The void in consistent leadership has caused and exacerbated numerous problems throughout the federal prison system, for both staff and those in custody.

FAMM is in contact with over 35,000 federal prisoners and their family members on a regular basis.  Through our correspondence, we have learned of continual problems plaguing the BOP’s programs and operations.  We hear frequently from prisoners and their families about the lack of adequate medical care or medical attention when requested. We continue to hear about lastminute reductions in halfway house time and continued underutilization of home confinement for low-risk individuals.  We have seen the BOP routinely neglect its role in identifying eligible candidates for the federal compassionate release program, which would allow the courts to consider resentencing terminally ill or elderly prisoners.  We have also learned of several BOP facilities instituting questionable and problematic policies regarding family visits and limiting prisoner access to mail from their loved ones as well as access to books.  Because education and strong family ties are proven to help in the rehabilitation of prisoners, these policies pose a significant threat to successful rehabilitation and should be reversed under new leadership.

October 30, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences | Permalink | Comments (0)

Thursday, October 25, 2018

"How Jeff Sessions Is Undermining Trump’s Prison Reform Agenda"

The title of this post is the headline of this new lengthy Marshall Project piece.  I recommend the piece in full, and here are excerpts from just the first part of the article: 

In federal penitentiaries across the nation, prisoners eagerly awaiting a transfer to halfway houses say they are being told that they will have to wait weeks or months longer than they had anticipated because there is a shortage of beds at the transitional group homes.  But that’s not true.

According to inmates, halfway house staff and industry officials, scores of beds lie empty, with some estimates of at least 1,000 vacant spaces.  They remain unused due to a series of decisions that have sharply reduced the number of prisoners sent to halfway houses.  And home confinement, a federal arrangement similar to house arrest that allows prisoners to complete their sentences with minimal supervision, is being even more drastically curtailed.

The Bureau of Prisons says it is curbing overspending of past years and streamlining operations, but that doesn’t make sense.  Putting inmates in halfway houses or on home confinement is much cheaper than imprisonment.  The federal government spent almost $36,300 a year to imprison an inmate, $4,000 more compared with the cost to place a person in a halfway house in 2017, according to the Federal Register.  It costs $4,392 a year to monitor someone on home confinement, according to a 2016 report by the Administrative Office of the U.S. Courts.

Abandoning transitional supervision aligns with Attorney General Jeff Sessions’ disputed opinion that reduced prison populations during the Obama administration are to blame for a small uptick in violent crime.  As a senator from Alabama, Sessions led the charge two years ago against a bill to ease sentences, and as attorney general he has instructed prosecutors to be more aggressive in charging defendants.  But his draconian ideas are undermining his own boss’ stated preference for early release and rehabilitation programs....

And now there is evidence the Bureau of Prisons, under Sessions’ direction, is actively discouraging the use of transitional supervision even under existing rules.  The Bureau of Prisons declined interviews and would not answer specific questions, but said in a statement that the “fiscal environment” prompted a thorough review of programs, which led to ways to “most effectively use our resources.”  The agency said placements are based on each prisoner’s needs, the prison system’s ability to meet them, public safety “and the need for the BOP to manage the inmate population in a responsible manner.”...

Sen. Dick Durbin, Democrat of Illinois, who leads bipartisan efforts to reshape sentencing laws and prisoner rehabilitation, said the Justice Department had not explained to Congress the cutback in inmate transfers to transitional housing.  “Attorney General Sessions has reversed key prison reforms like reducing the use of restricted housing and private prisons and improving education opportunities and reentry services,” Durbin said in a statement.  “It makes no sense to eliminate reforms that are proven to reduce recidivism and make our communities safer.”

Since the 1960s, halfway houses have provided federal prisoners a running start before release to find work, which has been shown to help people stay crime-free longer.  A Pennsylvania state study found connections between higher rearrest rates and stints in halfway houses, while federal violations, violence and overdoses have contributed to poor public perception of the facilities.  But prisoners and their advocates say moving into a transitional residence gives inmates an incentive to avoid trouble in prison and join rehabilitative programs.

Under the Obama administration, the number of federal prisoners in halfway houses and other transitional programs boomed.  The federal government required the privately-run residences to provide mental health and substance abuse treatment, and the Department of Justice also increased access to ankle monitors so more prisoners could finish sentences in their own homes.  At the peak in 2015, more than 10,600 prisoners resided in federal halfway houses. The number of inmates in home confinement — 4,600 — was up more than a third from the year before. In all, one in 14 of the people under Bureau of Prisons supervision was living at home or in a halfway house. Since then, the population in halfway houses has dropped by 28 percent to 7,670. Home confinement is in freefall, down 61 percent to a population of 1,822.  The majority of that cut has come in just the past year. Now only one in 20 people under federal supervision is in transitional housing....

Judge Ricardo S. Martinez, who chairs the Committee on Criminal Law of the Judicial Conference of the United States, which helps write policies and guidelines for federal courts, said “we are also in the dark about those numbers.”  He said the committee is working to establish better communication with the Bureau of Prisons.  Federal judges, who can sentence defendants to halfway houses, need to know how much space is available.  Rough estimates based on the current population in halfway houses, internal memos, statements from prison officials and prison records put the number of vacant beds in the federal system anywhere from 1,000 to several times that number.  Swaths of beds lie empty even after the prison system ended contracts with 16 of its nearly 230 halfway houses, facilities described as “underutilized or serving a small population.”  Martinez, whose committee has pushed for placing more prisoners on home confinement, said that advances in tracking technology and risk assessments should alleviate public safety concerns.  “It’s a stupid waste of taxpayer money to put people in a confinement level they don’t need to be in,” the judge said.

October 25, 2018 in Prisons and prisoners, Reentry and community supervision, Scope of Imprisonment, Who Sentences | Permalink | Comments (1)

Tuesday, October 23, 2018

"Connecting the Disconnected: Communication Technologies for the Incarcerated"

The title of this post is the title of this new paper authored by Neil Sobol now available via SSRN. Here is its abstract:

Incarceration is a family problem — more than 2.7 million children in the United States have a parent in jail or prison.  It adversely impacts family relationships, financial stability, and the mental health and well-being of family members.  Empirical research shows that communications between inmates and their families improve family stability and successful reintegration while also reducing the inmate’s incidence of behavioral issues and recidivism rates.  However, systemic barriers significantly impact the ability of inmates and their families to communicate.

Both traditional and newly developed technological communication tools have inherent advantages and disadvantages.  In addition, private contracting of communication services too often leads to abusive practices and conflicts of interest for facilities.  Although technology plays a critical and expanding role in communications, a comprehensive evaluation of the methods and policies surrounding inmate communications is needed.  Efforts to address incarceration rates, education, and research gaps, along with an understanding of the potential and limitations of communication technologies, are critical to the development of policy initiatives.  These tools should be employed with a regulated approach to choosing and contracting for communication services to effectively reduce barriers and improve outcomes.

October 23, 2018 in Prisons and prisoners, Scope of Imprisonment, Technocorrections | Permalink | Comments (0)

Monday, October 22, 2018

Two notable commentaries in support of FIRST STEP Act from inside the Beltway

The Washington Examiner and The Washington Times are both right-leaning papers, which only adds to the import of these two recent commentaries in these publications:

"Our cruel and inhumane prison system is so close to reform" by Mark Vargas.  An excerpt:

Thanks to former President Bill Clinton, the 1994 crime bill created an America that was less compassionate, less forgiving, at times inhumane, and sent many nonviolent, first-time offenders away to prison for a very long time.

At the time, supporters of the Clinton crime bill argued that such measures would reduce crimes and keep our streets and neighborhoods safer. But in the end, the legislation only accelerated mass incarceration, stripped inmates of their dignity, and created the false narrative that everyone in prison was evil and a danger to society. It is why the NAACP in 1993 referred to the legislation as a “crime against the American people.”

But thanks to the leadership of President Trump, the discussion about prison and sentencing reform is back on the table. In a recent poll conducted by the University of Maryland, a majority of the country support the idea of criminal justice reform as well.

For Attorney General Jeff Sessions and others to make the argument that prison reform will make our country less safe exposes their ignorance and how out of touch they are. As creatures of the swamp, they care more about maintaining power than making a difference. Sessions' comments show just how political the Justice Department has become under his leadership.

"Justice demands passage of First Step bill to rehabilitate lives" by Rebecca Hagelin.  An excerpt:

I’ll never forget the heart-wrenching scene from my visit to the women’s prison. I sat in silence. For the first time, I pondered the unintended consequences of lengthy mandatory prison sentences for drug offenses. Don’t get me wrong: I’m a conservative, and I’m “tough on crime.” I just realize that locking up moms and dads for years for nonviolent drug offenses has an unending ripple effect, doing more damage to society than good.

Under current federal laws, many nonviolent drug offenses have mandatory sentences of two decades. The full scope of the consequences of such lengthy sentences unfolds every day in families across the country. The tiny girl who threw her arms around her mommy is an adult by now, and I often wonder if her mom has returned home yet.

Sadly — incredibly — our federal prison system treats such inmates as the forgotten men and women. In so doing, their children have become forgotten too. With little or no vocational training, drug rehabilitation programs or opportunities to receive education, these inmates eventually return to society estranged from their families and devoid of hope.

The result? Within just three years 40 percent will commit another crime, many falling victim to their untreated addiction, and end up back behind bars. It’s a vicious cycle that wreaks personal and societal havoc in neighborhoods and families across the country. We must face the fact that our federal prison system is failing our citizens, and come to grips with the reality that the opioid epidemic will not be solved by maintaining the status quo.

Thank God, President Trump is committed to effective prison reform and combatting the drug crisis. Through his leadership and the hard work of Jared Kushner, the prison reform First Step Act passed the House of Representatives in May with overwhelming bipartisan support. This much-needed legislation now contains modest, commonsense sentencing reform initiatives added by crime reduction advocates on the Senate Judiciary Committee.

October 22, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Campaign 2016 and sentencing issues, Prisons and prisoners, Scope of Imprisonment, Who Sentences | Permalink | Comments (1)

Sunday, October 21, 2018

"Reforming Restrictive Housing: The 2018 ASCA-Liman Nationwide Survey of Time-in-Cell"

The title of this post is the title of this big new report now available here via SSRN. Here is its abstract:

Reforming Restrictive Housing: The 2018 ASCA-Liman Nationwide Survey of Time-in-Cell is the fourth in a series of research projects co-authored by the Association of State Correctional Administrators (ASCA) and the Arthur Liman Center at Yale Law School.  These monographs provide a unique, longitudinal, nationwide database.  The topic is “restrictive housing,” often termed “solitary confinement,” and defined as separating prisoners from the general population and holding them in cells for an average of 22 hours or more per day for 15 continuous days or more.

The 2018 monograph is based on survey responses from 43 prison systems that held 80.6% of the U.S. prison population.  They reported that 49,197 individuals — 4.5% of the people in their custody — were in restrictive housing.  Extrapolating, we estimate that some 61,000 individuals were in isolation in U.S. prisons.  This number does not include people in most jails or juvenile, military, or immigration facilities.

Two areas of special concern are the impact of mental illness and the length of time individuals spend in restrictive housing.  Correctional systems use a variety of definitions for serious mental illness.  Using their own descriptions, jurisdictions counted more than 4,000 prisoners identified as seriously mentally ill and in restrictive housing.  Within the 36 jurisdictions that reported on the length of time people had been in segregation, most people were held for a year or less.  Twenty-five jurisdictions counted more than 3,500 individuals held more than three years.

Reforming Restrictive Housing details policy changes tracking the impact of the 2016 American Correctional Association’s (ACA) Restrictive Housing Performance Based Standards. The ACA Standards call for limiting the use of isolation for pregnant women, juveniles, and seriously mentally ill individuals.

This monograph also compares the responses of the 40 prison systems that answered the ASCA-Liman surveys in both 2015 and 2017.  See ASCA-Liman, Aiming to Reduce Time-in-Cell (Nov. 2016), SSRN No. 2874492. The number in restrictive housing was reported to have decreased from 56,000 in 2015 to 47,000 in 2017.  Looking at specific states, in more than two dozen systems, the numbers in segregation decreased. In 11 systems, the numbers went up.

A related monograph, Working to Limit Restrictive Housing: Efforts in Four Jurisdictions to Make Changes, details the work of four correctional administrations to limit — and in one state abolish — holding people in cells 22 hours a day for 15 days or more.

October 21, 2018 in Data on sentencing, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0)

Tuesday, October 16, 2018

"'Second Looks, Second Chances': Collaborating with Lifers on a Video about Commutation of LWOP Sentences"

The title of this post is the title of this notable new article authored by Regina Austin now available via SSRN. Here is its abstract:

In Pennsylvania, life means life without the possibility of parole (“LWOP”) or “death by incarceration.”  Although executive commutation offers long serving rehabilitated lifers hope of release, in the past 20 years, only 8 commutations have been granted by the state’s governors.  This article describes the collaboration between an organization of incarcerated persons serving LWOP and the law-school-based Penn Program on Documentaries and the Law that produced a video supporting increased commutations for Pennsylvania lifers.  The article details the methodology of collaborative videomaking employed, the strategic decisions over content that were impacted by the politics of commutation, and the contributions of visual criminology to the video’s portrayal of the lifers who participated in the project.

October 16, 2018 in Assessing Graham and its aftermath, Assessing Miller and its aftermath, Prisons and prisoners, Scope of Imprisonment, Who Sentences | Permalink | Comments (0)

Vera Institute of Justice urges "Reimagining Prison"

Download (2)The Vera Institute of Justice has recently produced this big new report as part a big new project under the label "Reimagining Prison." Here is how the report's executive summary gets started:

The United States holds approximately 1.5 million people in its state and federal prisons.  Although this number has declined since its peak in 2009, mass incarceration is hardly a thing of the past.  Even if the nation returned to the incarceration rates it experienced before 1970, more than 300,000 people — approximately one per 1,000 residents— would still be held in U.S. prisons.  And the conditions of that confinement are dismal. Prison in America is a place of severe hardship — a degree of hardship that is largely inconceivable to people who have not seen or experienced it themselves or through a loved one.  It is an institution that causes individual, community, and generational pain and deprivation. For those behind the walls, prison is characterized by social and physical isolation, including severe restriction of personal movement, enforced idleness, insufficient basic care, a loss of meaningful personal contact and the deterioration of family relationships, and the denial of constitutional rights and avenues to justice. Those who work in prisons suffer too, with alarming rates of post-traumatic stress disorder and suicide compared to the general population.

Beyond the walls of prison, incarceration’s impact is broad: mass imprisonment disrupts social networks, distorts social norms, and hollows out citizenship.  Over this country’s long history of using prisons, American values of fairness and justice have been sacrificed to these institutions in the name of securing the common good of public safety.  But the harsh conditions within prisons have been demonstrated neither to ensure safety behind the walls nor to prevent crime and victimization in the community.

The story of American prisons is also a story of racism.  We as a nation have not yet fully grappled with the ways in which prisons — how they have been used, the purposes they serve, who gets sent to them, and people’s experiences inside them — are intimately entwined with the legacy of slavery and generations of racial and social injustice. Built on a system of racist policies and practices that has disproportionately impacted people of color, mass incarceration has decimated the communities and families from which they come. It is time to acknowledge that this country has long used state punishment generally — and incarceration specifically — to subordinate racial and ethnic minorities.

The recent prison incident in South Carolina that left seven dead, as well as prison strikes across the country in 2016 and 2018 protesting inhumane treatment, serve as tragic wake-up calls that something is fundamentally wrong inside America’s prisons.  With a few limited exceptions, correctional practice today remains underpinned by retribution, deterrence, and incapacitation.  These realities beg the question: isn’t there another way? We have failed to ask this question with sufficient seriousness and thoroughness.  The time for us to do so is now.  And so, to take a truly decisive step away from the past, America needs a new set of normative values on which to ground prison policy and practice — values that simultaneously recognize, interrogate, and unravel the persistent connections between racism and this country’s system of punishment.

In this report, the Vera Institute of Justice (Vera) reimagines the how, what, and why of incarceration. And in so doing, we assert a new governing principle: human dignity. This principle dictates that “[e]very human being possesses an intrinsic worth, merely by being human.” It applies to people living in prison as well as the corrections staff who work there.

October 16, 2018 in Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0)

Monday, October 15, 2018

New investigation finds "women in prison are disciplined at higher rates than men"

This lengthy new NPR piece, headlined "In Prison, Discipline Comes Down Hardest On Women," reports on new media research showing women are treated particularly harshly in prisons.  Here are excerpts from the piece which should be read in full:

Across the country, women in prison are disciplined at higher rates than men — often two to three times more often, and sometimes more — for smaller infractions of prison rules.

That is the finding of an investigation by NPR and the Medill School of Journalism at Northwestern University.  We collected data from women's and men's prisons, visited five women's prisons around the country, and interviewed current and former prisoners along with past and present wardens and prison officials. We also spoke with academics and other experts.

In 13 of the 15 states we analyzed, women get in trouble at higher rates than men.  The discrepancies are highest for more minor infractions of prison rules....

In California, according to our data analysis, women get more than twice the disciplinary tickets for what's called "disrespect."  In Vermont, women are more than three times as likely as men to get in trouble for "derogatory comments" about a corrections officer or another inmate. In Rhode Island, women get more than three times the tickets for "disobedience."  And in Iowa, female prisoners were nearly three times as likely as men to get in trouble for the violation of being "disruptive."

While the infractions might seem minor, punishment for them can have significant consequences, we found. In Idaho and Rhode Island, for instance, women are more likely than men to end up in solitary confinement for violations like disobedience.

Women can lose "good conduct credits" that would shorten an inmate's sentence, causing them to spend more time behind bars.  In California, between January 2016 and February 2018, women had the equivalent of 1,483 years added to their sentences through good-credit revocations, and at a higher rate than for male prisoners, according to the data we collected.

Discipline for small infractions can also result in the loss of privileges like being able to buy food or supplies — including women's hygiene products — at the prison commissary.  Or inmates lose their visitation and phone privileges.  That can have a particular effect on women, because more than half of women in prison are the mothers of children 18 or younger.

We found a disproportionate pattern in punishment as well, with women often receiving more serious sanctions than men.  In Massachusetts, according to our analysis, 60 percent of punishments for women restricted where they could go in prison, including confinement to their cells. Men received those punishments half as often....

We asked experts why women get disciplined more for minor infractions.  They noted that prison rules were set up to control men, especially violent ones.  But that strict system of control doesn't always work for female prisoners.

One reason, researchers have increasingly come to understand, is that women typically come to prison for different reasons than do men and respond differently to prison life.  Most prison staffers, meanwhile, are not trained to understand these differences.

Women are more likely than men to come for drug and property crimes and less likely to be convicted of violent crimes. They're also less likely to be violent once they're in prison.  They're also more likely than men to have significant problems with substance abuse, to have mental health problems and to be the caregiving parent of a minor child.

October 15, 2018 in Offender Characteristics, Prisons and prisoners, Race, Class, and Gender | Permalink | Comments (1)

Friday, October 12, 2018

Noting the latest data on use of solitary confinement in the US

This recent post at Reason, titled "U.S. Prisons Held At Lest 61,000 Inmates in Solitary Confinement Last Year," by C.J. Ciaramella reports on the latest accounting of extreme version of incarceration in the US. I recommend the full post, which starts this way:

The number of U.S. prison inmates held in solitary confinement has dropped over the past five years, according to a new report, but an estimated 61,000 people last year still faced imprisonment in tiny cells for up to 22 hours a day in conditions that many former inmates, mental health professionals, and at least one sitting U.S. Supreme Court justice say amount to torture.

A longitudinal survey co-authored by the Association of State Correctional Administrators (ASCA) and the Arthur Liman Center for Public Interest Law at Yale Law School found that, in the federal prison system and 43 state prison systems that provided data, 49,000 inmates in the fall of 2017 were confined to what is commonly known as "solitary." Extrapolating for the remaining states, the study estimates the total number to be 61,000.

The census asked jurisdictions to report, as of the fall of 2017, both their total prison populations and the number of prisoners held in restrictive housing. It includes federal and state inmates placed in any form of "restricted housing" for at least 22 hours a day for more than 15 consecutive days. In 2011, the United Nations Special Rapporteur on torture concluded that solitary confinement beyond 15 days constituted cruel and inhumane punishment.

The study's authors attribute the reduction to stricter state requirements for when inmates can be sent to solitary and how long they may be kept there. Colorado, for instance, has almost completely eliminated its use of solitary confinement. The Obama administration also banned the use of solitary confinement for juveniles in the federal prison system and limited the amount of time adults can spend in solitary.  "But the picture is not uniform," the ASCA warned in a press release. "In more than two dozen states, the numbers of prisoners in restrictive housing decreased from 2016 to 2018, but in eleven states, the numbers went up."

October 12, 2018 in Data on sentencing, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0)

Wednesday, October 10, 2018

Senate Majority Leader Mitch McConnell promises floor vote on FIRST STEP Act after midterm election if more than 60 Senators want to move forward

This short piece from The Hill, headlined "McConnell looking at criminal justice reform after midterms," provides an encouraging update on the prospects for federal criminal justice reform after next month's  election:

Senate Majority Leader Mitch McConnell (R-Ky.) says he will move a criminal justice reform compromise after the Nov. 6 election if it has 60 votes.

The Senate GOP conference is divided on the package, which merged a House-passed prison-reform bill with bipartisan sentencing reform provisions crafted by the Senate....

“Criminal justice has been much discussed,” McConnell told reporters Wednesday. “What we’ll do after the election is take a whip count and if there are more than 60 senators who want to move forward on that bill, we’ll find time to address it.”

It’s a significant commitment from McConnell who has resisted bringing criminal justice reform legislation up for a vote because it divides his conference.

I blogged here a prior Hill article from a couple of months ago during Senate negotiations over the FIRST STEP Act which indicated that the White House back then had secured "30 to 32 ... 'yes' votes among Republican senators [and hoped] that the number of GOP supporters could eventually grow as many as 40 to 46."  That article led me to speculate in August that a version of the FIRST STEP Act could perhaps garner up to 90 votes in the Senate, and I do not think this head-counting is likely to change all that dramatically after the election (though one never knows).  Even if "only" 30 GOP Senators favor moving forward on the FIRST STEP Act, that will be more than enough for Senator McConnell to move ahead unless a whole lot of Democratic Senators decide they want to hold out for a more ambitious bill (which I think is unlikely). 

In other words, I am starting to think that the prospect of the FIRST STEP Act becoming law before the end of the year might be pretty darn good.  I am never inclined to count on Congress on get anything done, but on this front it does seem we are getting closer and closer.

Some of many prior recent related posts:

October 10, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Mandatory minimum sentencing statutes, Prisons and prisoners, Sentences Reconsidered, Who Sentences | Permalink | Comments (0)

"Reconceptualizing Criminal Justice Reform For Offenders With Serious Mental Illness"

The title of this post is the title of this notable new paper authored by E. Lea Johnston and available via SSRN. Here is its abstract:

Roughly 14% of male inmates and 31% of female inmates suffer from one or more serious mental illnesses, such as schizophrenia, bipolar disorder, and major depressive disorder. Policymakers and the public widely ascribe the overrepresentation of offenders with serious mental illness in the justice system to the “criminalization” of the symptoms of this afflicted population.  The criminalization theory posits that the criminal justice system has served as the primary agent of social control over symptomatic individuals since the closure of state psychiatric hospitals in the 1950s and the tightening of civil commitment laws.  The theory identifies untreated mental illness as the origin of individuals’ criminal justice involvement and mental health treatment as the clear solution to breaking their cycle of recidivism.  This article evaluates the three main bodies of evidence offered in support of the criminalization theory: individuals’ movement from psychiatric hospitals to jails and prisons (“transinstitutionalization”), the heightened policing of individuals with serious mental illness, and the science linking mental illness and crime. This evaluation reveals that the criminalization theory — the understanding that animates most current policies aimed at offenders with serious mental illness—largely rests on intuitive assumptions that are often unverified and sometimes false.

A growing body of behavioral sciences literature constructs an alternative account of the relationship between mental illness and crime.  Coined the “normalization theory,” it relies upon decades of research that demonstrate that clinical factors, such as diagnosis and treatment history, are not predictive of criminal activity.  Instead, the same risks and needs that motivate individuals without mental illness also drive those with mental disorders to commit crimes.  These “criminogenic risks” include, among others, substance abuse, employment instability, family problems, and poorly structured leisure time. Behavioral science researchers reject the premise that individuals with serious mental illness are overrepresented in the justice system because these individuals’ illnesses directly lead to criminal behavior. Instead, they theorize that serious mental illnesses fuel the greater accumulation and concentration of typical criminogenic risk factors.  This recognition holds dramatic potential for the redesign of criminal justice programs.  Programs that target the criminal behavior of offenders with mental illness should principally focus on addressing criminogenic risk factors that can be mitigated.  Officials should also address mental health needs, but only to the extent necessary to facilitate a better criminogenic risk profile and fulfill constitutional obligations.  Moreover, correctional experience suggests that institutions should allocate scarce programmatic resources according to offenders’ risk of reoffending and potential to achieve programmatic goals. These insights, which federal agencies are beginning to recognize, hold radical implications for the redesign — and possibly the existence — of jail diversion, mental health courts, specialized probation and parole, and reentry programs for offenders with serious mental illness. 

October 10, 2018 in Criminal Sentences Alternatives, Offender Characteristics, Prisons and prisoners, Who Sentences | Permalink | Comments (1)

Tuesday, October 09, 2018

Despite fear-mongering opposition ads, drug sentencing and prison reform initiative polling strong in Ohio

I have blogged here and elsewhere about the interesting and intricate drug sentencing and prison reform initiative on the November 2018 ballot here in Ohio.  Originally called the "Neighborhood Safety, Drug Treatment and Rehabilitation Amendment," the initiative now is just known within Ohio as Issue 1. The Drug Enforcement and Policy Center (DEPC) at The Ohio State University Moritz College of Law has been hosting public panels about Issue 1 under the title Ballot Insights, and has created a Resources Page for Issue 1 and a Commentary Page on Issue 1

I have not previously noted here the notable fear-mongering about Issue 1 that has emerged in recent months focused particularly on its effort to reduce drug possession offenses to misdemeanors and to allow prisoners to earn more time off their prison sentences.  In late August, Ohio Supreme Court Chief Justice Maureen O'Connor wrote a public letter warning of “catastrophic consequences" for Ohio if Issue 1 passes, and last week Gubernatorial candidate Mike DeWine began running a campaign ad involving local sheriffs stating "If you’re not scared [by Issue 1], you should be."  Lots of other judges and prosecutors and law enforcement official have used similar language their advocacy against Issue 1.

But, perhaps signalling just how strong the public supports significant drug sentencing and prison reform, the first big public poll on Issue 1 was released today and it shows the initiative with a nearly 18 point lead.  Here is a basic report on this poll:  

A criminal justice reform question on the Ohio statewide ballot has support from nearly 48 percent of likely voters while 30.5 percent oppose it and 21.7 percent aren’t sure how they’ll vote on the matter, according to a new poll released Tuesday by Baldwin Wallace University Community Research Institute....

The Baldwin Wallace poll, which was conducted Sept. 28 to Oct. 8, shows DeWine has 39.7 percent, Cordray 37.1 percent, Libertarian Travis Irvine has 4.3 percent, Ohio Green Party candidate Constance Gadell-Newton has 3.4 percent and 15.4 percent of voters are undecided. The poll has a margin of error of plus or minus 3.5 percent.

Notably, the full poll results indicate women voters favor Issue 1 by a 22 point margin (49 to 27) and Democrats favor Issue 1 by a 35 point margin (57 to 22). Assuming this poll numbers are solid, this results suggest to be that Issue 1 is quickly likely to pass if it turns out that women and/or Democrats end up being those especially motivated to show up to vote this November.

 Prior related posts:

UPDATE: Another (smaller) poll was released on October 10 concerning Issue 1, and it showed a much closer contest. This press article provides these details:

Ohio voters support a constitutional amendment to reduce penalties for some drug crimes and make other criminal justice reforms, according to a new poll released on the first day of early voting.

Issue 1 has the support of 43 percent of likely midterm voters surveyed in a Suffolk University/Enquirer poll; 38 percent oppose the measure. Nearly one in five said they had not yet decided how to vote....

The poll surveyed 500 likely Ohio voters by landline and cell phone from Oct. 4 to 8. The poll has a margin of error of 4.4 percentage points....

Issue 1 backers didn’t intend for the measure to become partisan but it has become a dividing line in the race for governor. Democrat Rich Cordray supports it as a way to reduce overcrowded prisons and funnel more money toward drug addiction treatment. His Republican opponent, Ohio Attorney General Mike DeWine, has said Issue 1 will allow drug dealers to avoid prison time and lead to more drug overdose deaths.

Among likely Cordray voters, 53 percent said they also support Issue 1 compared to only 33 percent of DeWine voters. 

October 9, 2018 in Drug Offense Sentencing, Prisons and prisoners, Scope of Imprisonment, Who Sentences | Permalink | Comments (1)

Justice Sotomayor issues cert statement discussing "deeply troubling concern" with solitary confinement

The Supreme Court's order list this morning includes no cert grants, but does have an interesting eight-page statement by Justice Sotomayor starting this way:

A punishment need not leave physical scars to be cruel and unusual. See Trop v. Dulles, 356 U.S. 86, 101 (1958).  As far back as 1890, this Court expressed concerns about the mental anguish caused by solitary confinement.  These petitions address one aspect of what a prisoner subjected to solitary confinement may experience: the denial of even a moment in daylight for months or years.  Although I agree with the Court’s decision not to grant certiorari in these cases because of arguments unmade and facts underdeveloped below, I write because the issue raises deeply troubling concern.

UPDATE:  Amy Howe provides this helpful context and summary of this case via this post at SCOTUSblog:

The justices announced today that they will not hear the cases of three Colorado inmates who argue that holding them in solitary confinement, without any access to the outdoors or concerns about security, violates the Constitution’s ban on cruel and unusual punishment.  Two of the inmates, Jonathan Apodaca and Joshua Vigil, didn’t go outdoors for more than 11 months, while the third inmate, Donnie Lowe, didn’t have outdoor recreation for several years.  Prison officials argued that they could not be sued because it was not clearly established -- the standard to overcome the general presumption that government officials are immune from lawsuits -- that their solitary-confinement policy was unconstitutional.  The U.S. Court of Appeals for the 10th Circuit agreed, and the inmates asked the Supreme Court to weigh in.  Justice Stephen Breyer has expressed concern about holding inmates in solitary confinement before: Last year he dissented from the Supreme Court’s announcement that it would not block the execution of a Texas death-row inmate who had been held in solitary confinement for 20 years.  And now-retired Justice Anthony Kennedy suggested in 2015 that extended periods of solitary confinement might violate the Eighth Amendment’s bar on cruel and unusual punishment.  But there were apparently not four votes to take up the issue now.

In an eight-page opinion regarding the court’s decision to deny review, Justice Sonia Sotomayor suggested that the justices might have rejected these cases because the lower courts had not focused on whether Colorado had valid security reasons for its solitary-confinement policy.  But Sotomayor then went on to express “grave misgivings” about solitary confinement, noting that as many as 100,000 inmates (including many who are not on death row) are held in cells alone.  And she pointed out that Donnie Lowe -- who was held in solitary confinement for 11 years while serving time for second-degree burglary and smuggling contraband into prison -- died earlier this year: “While we do not know what caused his death,” she concluded, “we do know that solitary confinement imprints on those that it clutches a wide range of psychological scars.”  She ended her opinion with a plea to courts and prison officials to “remain alert to the clear constitutional problems raised by keeping prisoners like Apodaca, Vigil, and Lowe in ‘near-total isolation’ from the living world, in what comes perilously close to a penal tomb.”

October 9, 2018 in Prisons and prisoners, Sentences Reconsidered, Who Sentences | Permalink | Comments (0)

Monday, October 08, 2018

Highlighting the importance of policies that support families values for the incarcerated

The group R Street has this notable new policy paper titled "The importance of supporting family connections to ensure successful re-entry" authored by Emily Mooney and Nila Bala.  Here is the paper's introduction and conclusion:

As of the latest estimates, approximately two million individuals are currently incarcerated in the United States. Each of these has a family, which broadens the impact of incarceration to millions of family members across the nation. This brings negative repercussions: incarcerated parents are separated from children, interpersonal relationships become strained and financial support disappears.  Furthermore, federal, state and local policies often present barriers to meaningful and continued family connections while incarcerated. Yet, paradoxically, it is during this time that positive family connections are so key.  Indeed, they are critical to successful re-entry after a person’s time is served, as they help encourage individual transformation, mitigate the negative impact of incarceration on children and other loved ones, and support stronger families in general.  This, in turn, makes communities safer.  For these reasons, society can benefit by understanding the importance of these connections and creating policies that help to bolster them for the good of incarcerated individuals, their families and their communities at large....

Behind most incarcerated individuals is a family that is critical to encouraging positive change on the inside and supporting them as they prepare for life on the outside.  Despite this, government policies and family circumstances often impede the ability of families to stay connected during incarceration.  However, changes to government policies, community-based partnerships and the expansion of family-oriented programming can help families overcome these obstacles, with great benefit both to individuals and to society as a whole.

October 8, 2018 in Offender Characteristics, Prisons and prisoners, Reentry and community supervision | Permalink | Comments (1)

Thursday, October 04, 2018

Third Circuit going en banc to reconsider reach and application of Eighth Amendment to lengthy juvenile term-of-years sentence

In this post back in April, I noted the remarkable Third Circuit panel opinion in US v. Grant, No. 16-3820 (3d CIr. April 9, 2018) (available here), addressing the application of Eighth Amendment limits on juvenile sentences.  The panel opinion in Grant is technically no longer law as of today thanks to this order by the Third Circuit:

A majority of the active judges having voted for rehearing en banc in the above captioned cases, it is ordered that the government’s petition for rehearing is GRANTED.  The Clerk of this Court shall list the case for rehearing en banc on February 20, 2019.  The opinion and judgment entered April 9, 2018 are hereby vacated.

In short form, defendant Corey Grant in the early 1990 was initially sentenced to LWOP for crimes committed when he was 16-years old.  After Graham and Miller, he was resentenced to a 65-year federal prison term.  The panel opinion found this term unconstitutional and suggested that "lower courts must consider the age of retirement as a sentencing factor, in addition to life expectancy and the § 3553(a) factors, when sentencing juvenile offenders that are found to be capable of reform."  The full Third Circuit is apparently no so keen on this approach, and it will thus address this matter anew in the coming year.

October 4, 2018 in Assessing Graham and its aftermath, Assessing Miller and its aftermath, Offender Characteristics, Prisons and prisoners, Procedure and Proof at Sentencing, Sentences Reconsidered, Who Sentences | Permalink | Comments (0)

Excited to hear Shon Hopwood speak about earned prison credit as Ohio considers ballot initiative known now as Issue 1

For months I have been flagged here and elsewhere the interesting and intricate drug sentencing and prison reform initiative on the November 2018 ballot here in Ohio.  Originally called the "Neighborhood Safety, Drug Treatment and Rehabilitation Amendment," the initiative now is just known within Ohio as Issue 1.   With early voting in Ohio now just days away, the new Drug Enforcement and Policy Center (DEPC) at The Ohio State University Moritz College of Law has its latest Issue 1 program  taking place today. 

Specifically, at the College of Law at 12noon, is the second of our five public panels under the title Ballot Insights.  (Registration for these panels is available at this link, where you can also find more details on the focus for each of the panels.)  Today's panel is focused on the Issue 1 provisions expanding "earned time credit" for Ohio prisoners to reduce their sentences through rehabilitative programming, and we have the pleasure of hosting Shon Hopwood as one of the panelists. 

In addition to the panels, DEPC has also created a Resources Page for Issue 1, which includes links to the ballot language, position statements from various groups and select media coverage.  DEPC is also building out a Commentary Page on Issue 1 for publishing original commentary that the Center has solicited. 

 Prior related posts:

October 4, 2018 in Prisons and prisoners, Purposes of Punishment and Sentencing, Reentry and community supervision, Scope of Imprisonment, Who Sentences | Permalink | Comments (0)

Wednesday, October 03, 2018

A publisher's request for submissions from formerly and currently incarcerated individuals

This webpage provides this basic information about an interesting new project: "The New Press, a public interest book publisher, and the Center for American Progress (CAP), a public policy think tank, request submission of essays for consideration to be included for publication in a book featuring criminal justice reform ideas from formerly and currently incarcerated individuals." This document provides these additional details:

The book has the working title of What We Know and is expected to be edited by Daryl Atkinson and Vivian Nixon, both formerly incarcerated individuals now leading criminal legal reform organizations.  They are also members of the steering committee of the Formerly Incarcerated Convicted People’s Family Movement (FICPFM), a national effort to bring the voices of formerly incarcerated people and their families to the justice reform table.

Essays may be from 2500-5000 words and should be focused on a specific, serious, welldefined suggestion for how to improve a particular aspect of any part of our current system, from police encounters and arrests, to sentencing, incarceration, and re-entry.  Essays should contain elements of the author’s personal story in service of illuminating the suggested reform.  Thoughtful, original ideas that are not already widely in circulation and under discussion are especially welcome.

The top 12-20 essays will be published in the finished book, and the authors will receive $500 each.  Authors of the top 50 essays that were not selected for publication will also receive $50 each.  Co-authored pieces will be considered; additional payment for additional authors will be at the discretion of The New Press and CAP.  The New Press, CAP, and the editors retain full and final authority over the selection of the pieces that are published and/or receive a financial award.

The New Press, CAP, and the editors reserve the right to reject or select essays for any reason allowed under law.  However, essays will be selected based on the following:

I. Policy Recommendation: Applicants should clearly identify a specific issue or problem within the criminal justice system and propose a well-developed, targeted policy solution to address it.

II. Concept: Applicants are encouraged to propose new and progressive ideas for improving the criminal justice system. Policy proposals should be informed by lived experiences with the justice system.

III. Feasibility & Impact: Proposed reforms should be realistic and actionable, with the potential to create meaningful change within the criminal justice system.

IV. Readability: Successful essays will be engaging and combine narrative storytelling from the author’s own experience or knowledge, which illustrates a specific problem, with an original, constructive idea for how the problem might reasonably be remedied.

October 3, 2018 in Prisons and prisoners, Recommended reading, Who Sentences | Permalink | Comments (0)

Sunday, September 30, 2018

Former Illinois Gov Rod Blagojevich makes "plea for prison reform"

The federal prison inmate formerly known as Blago has authored in the Washington Examiner this commentary published under the headline "Rod Blagojevich: My plea for prison reform." Here are excerpts:

I am living the reverse American dream — a bad dream that I share with other inmates at a prison in Colorado where I am currently serving a 14-year sentence.  So what happened?

Carved in stone on the front portico of the U.S. Supreme Court building are the words “Equal Justice Under Law.” But as I sit here in prison, I can’t help but reflect on those four words and feel an overwhelming sense of sadness — not just for me, but for many of my fellow inmates as well.  Here’s why.

It is not equal justice under law when over-sentencing is the rule rather than the exception; when our incarceration rate has increased by more than 500 percent over the last forty years; when an American citizen in good faith trusts the integrity of the courthouse, but to their horror discovers that the game is rigged, and that they are being denied a fair trial before proceedings even begin.

The national debate in Congress on prison and sentencing reform is a conversation that is long overdue.  And as that debate heats up, I’d like to offer a few points of my own and share some things I’ve learned on this painful journey.

As a dishwasher, I start work at 3:30 each morning and earn a total of $8.40 a month.  Did you know that the average wage for an inmate is 23 cents to $1.15 an hour?  In some states, inmates have to work for free.  I never expected to get rich in prison, but am I wrong in viewing this rock-bottom wage as society's way of showing its contempt, telling us that we are all worthless? Is that a good message to send to people we plan to release someday, and whom we'd rather not see offend again?  To people we hope will survive on their own without resorting again to crime?...

Did you know that the average cost to the taxpayer to house each inmate is around $33,000 a year?  In California, taxpayers pay $75,000 a year per inmate. In total, taxpayers are left with a $39 billion invoice each year.  And what’s the government’s solution? Increase our prison population and force hard working Americans to pay even higher taxes.

Did you know that federal prosecutors like to boast about their 97 percent conviction rate?  Yet when you think about it, shouldn't that fact raise an alarm bell to all freedom loving people? Michael Jordan, as great as he was, only made half the shots he attempted.  And knowing what I now know through my experience, this almost perfect success rate is convincing proof that the federal criminal justice system works against the accused.  It is neither a place to expect a fair trial nor is it a place where the promise of justice for all is a promise kept.

Did you know that from 2013 to 2017, the Federal Bureau of Prisons denied 94 percent of the applications from inmates requesting a “compassionate release” due to a terminal illness? And in all of these cases, instead of dying with dignity surrounded by loved ones, terminally ill inmates were left to die alone in prison.  Did you know that if a spouse or child passes away while you are in prison, that you’re not even allowed a furlough to attend the funeral services?  Did you know that when incarcerated women give birth, that they are chained and handcuffed to the hospital bed?

My time in prison has taught me that we need serious reforms.  It’s also taught me that there are a lot of people in here with good hearts.  Instead of creating a system that punishes and dehumanizes inmates, let’s create a system that rehabilitates prisoners and prepares them for life outside of prison.  So here is my message: We can never reach our potential until we as a people rise up and demand that our elected representatives bring about reform; until freedom is safeguarded by a renewed and unwavering commitment to the rule of law; until mercy seasons justice, and fair play governs those who govern us.

September 30, 2018 in Celebrity sentencings, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0)

Thursday, September 27, 2018

"'You Miss So Much When You’re Gone': The Lasting Harm of Jailing Mothers Before Trial in Oklahoma"

Download (20)The title of this post is the title of this big new report produced by Human Rights Watch and the ACLU. Here is part of the report's starting summary:

Every day in Oklahoma, women are arrested and incarcerated in local jails waiting — sometimes for weeks, months, a year, or more — for the disposition of their cases.  Most of these women are mothers with minor children.

Drawing from more than 160 interviews with jailed and formerly jailed mothers, substitute caregivers, children, attorneys, service providers, advocates, jail officials, and child welfare employees, this report shows how pretrial detention can snowball into never-ending family separation as mothers navigate court systems and insurmountable financial burdens assessed by courts, jails, and child welfare services....

While most women admitted to jails are accused of minor crimes, the consequences of pretrial incarceration can be devastating.  This report finds that jailed mothers often feel an added, and unique, pressure to plead guilty so that they can return home to parent their children and resume their lives.  These mothers face difficulties keeping in touch with their children due to restrictive jail visitation policies and costly telephone and video calls.  Some risk losing custody of their children because they are not informed of, or transported to, key custody proceedings.  Once released from jail, they are met with extensive fines, fees, and costs that can impede getting back on their feet and regaining custody of their children.

Women are the fastest growing correctional population nationwide and since the 1990s, Oklahoma has incarcerated more women per capita than any other US state.  Local jails (which typically house people prior to conviction, sentenced to short periods of incarceration, or awaiting transfer to prisons for longer sentences) are a major driver of that growth.  On a single day, the number of women in jails across the US has increased from approximately 8,000 in 1970 to nearly 110,000 in 2014, a 1,275 percent increase, with rural counties accounting for the largest growth rate. Many times more are admitted to jail over the course of a year.

The growth in women’s incarceration also means growth in the number of jailed mothers, which has doubled since 1991.  Nationwide, more than 60 percent of women in prisons and nearly 80 percent of women in jails are mothers with minor children.  A study conducted by the US Bureau of Justice Statistics reported that a majority of incarcerated mothers lived with and were the sole or primary caretaker of minor children prior to their incarceration.

This means that when mothers go to jail or prison, their children are more likely not to have a parent left at home, and can either end up with other relatives or in foster care. One in 14 children in the US, or nearly six million children, have had a parent behind bars, which researchers identify as an adverse childhood experience associated with negative health and development outcomes.  Children of color are disproportionately impacted by parental incarceration, with one in 9 Black children having had an incarcerated parent compared to one in 17 white children.

Jailed mothers are often dealing with a myriad of issues prior to their incarceration, which is why comprehensive support is essential to keep families together, disrupt cycles of incarceration, and to preserve human rights to liberty, due process, equal protection, and family unity.  Losing contact with and custody of their minor children should not be a consequence of arrest and criminal prosecution.

While nationally and in Oklahoma the rate of women’s incarceration is garnering increasing attention, many barriers to achieving necessary reforms remain.

Human Rights Watch and the ACLU urge Oklahoma and other states to require the consideration of a defendant’s caretaker status in bail and sentencing proceedings, expand alternatives to incarceration, facilitate the involvement of incarcerated parents in their children’s lives and proceedings related to child custody, and substantially curb the imposition of fees and costs, which can impede reentry and parent-child reunification.

September 27, 2018 in Collateral consequences, Offender Characteristics, Prisons and prisoners, Procedure and Proof at Sentencing, Race, Class, and Gender, Scope of Imprisonment | Permalink | Comments (1)

Wednesday, September 19, 2018

Opportunities for law students and recent law grads interested in prisoners’ rights

Sharon Dolovich, Professor of Law and Director of the Prison Law & Policy Program at the UCLA School of Law asked me to post the following.  It is my pleasure to do so:

Below are two announcements for law students and recent law grads interested in prisoners’ rights:

  1. About 18 months ago, the UCLA Prison Law and Policy Program launched Prison Law JD, a listserv for current law students and young lawyers interested in prisoners’ rights. The list is currently used to share job and fellowship announcements and other information of interest, and we are in the midst of creating mechanisms to allow members to connect to one another directly over issues of mutual interest.  The ultimate aim is to forge a community among the next generation of prisoners’ rights advocates. If you know any law students or young lawyers who might want to join Prison Law JD, please invite them to contact me at dolovich@law.ucla.edu

  2. The National Prisoners’ Advocates Conference will take place at University of Denver College of Law Oct 5-6, 2018.  The day before, Thursday Oct 4, Prison Law JD will be hosting a pre-conference program. If you know anyone you think might like to participate in either part of this program, whether in person or remotely, please share this information with them.

From 3:30-5:15pm, there will be a panel discussion geared toward law students and recently graduated lawyers interested in doing this work. The panel will feature Sarah Grady of Loevy and Loevy on the nuts and bolts of prisoner litigation, Deb Golden of the Human Rights Defense Center on the Prison Litigation Reform Act (PLRA), and Bret Grote of the Abolitionist Law Center on non-obvious routes to doing prisoners' rights work.

For those unable to attend in person, this panel will be broadcast at the link below:

Starting out as a Prisoners’ Rights Lawyer: What You Need to Know, 10/4/2018 (Thu)

https://du-denverlaw.hosted.panopto.com/Panopto/Pages/Viewer.aspx?id=4a5ba04a-1669-4c85-929b-a95f0112fd67

Live stream from classroom starts at 3:20pm and ends at 5:30pm.

At 5:45pm, there will be a working group strategy session to think about how to build out the Prison Law JD community and best support the next generation of prisoners’ rights lawyers. Those who can’t be there in person are welcome to participate remotely. Here’s the call-in info:

Zoom Conference Call in Number and Meeting ID Number (Meeting Starts at 5:45 pm and Ends at 8:00 pm MDT)

Telephone: Dial(for higher quality, dial a number based on your current location):    US: +1 646 558 8656  or +1 669 900 6833

    Meeting ID: 568 249 890     International numbers available: https://zoom.us/u/aewKZAGStV

Any questions? Please contact Sharon Dolovich at dolovich@law.ucla.edu

September 19, 2018 in Prisons and prisoners, Scope of Imprisonment, Who Sentences | Permalink | Comments (0)

"A Way Out: Abolishing Death By Incarceration in Pennsylvania"

AlcThe title of this post is the title of this lengthy new report released this week by the Abolitionist Law Center.  Here are excerpts from its executive summary:

Over the last 25 years, the number of people serving life-without-parole, or death-by-incarceration (DBI), sentences in the United States has exploded from 12,453 people in 1992 to over 53,000 people today — 10% of whom are incarcerated in Pennsylvania.

With over 5,300 people sentenced to DBI and one of the highest per capita DBI sentencing rates in the country, Pennsylvania stakes a strong claim as the U.S. and world leader in this distinctively harsh form of punishment and permanent exclusion of its citizens. Philadelphia, with nearly 2,700 people serving DBI sentences, is the world’s leading jurisdiction in sentencing people to die in prison —more than any county or parish in the United States and far more than any individual country in the world.

In 1974, fewer than 500 people were serving DBI sentences in Pennsylvania.  As of September 2017, 5,346 people are serving death-by-incarceration sentences in Pennsylvania. Despite a 21% decline in violent crime between 2003 and 2015, Pennsylvania’s population of people sentenced to DBI has risen by 40% between 2003 and 2016.6 Pennsylvania ranks near the top of every measure of DBI sentences across the country....

Like most measures of the criminal legal system, death-by-incarceration sentences disproportionately impact communities of color.  Black Pennsylvanians are serving death-by-incarceration sentences at a rate more than 18-times higher than that of White Pennsylvanians.

Latinx Pennsylvanians are serving DBI sentences at a rate 5-times higher than White Pennsylvanians. Racial disparities in DBI sentences are even more pronounced than among the overall Pennsylvania prison population, in which 47% of those incarcerated are Black, compared to 11% of the state’s population. Of those serving DBI sentences, however, 65% are Black while 25% are White.

Among other interesting aspects of this big report is this introductory note about terminology:

Throughout this report we use the term Death By Incarceration (DBI) when referring to life-withoutparole (LWOP) sentences.  We do this for several reasons.  First, it is the preferential term selected by incarcerated people that we work with who are serving these sentences, and we are a movement-lawyering organization that is accountable to the movements we work with.  Second, it focuses on the ultimate fact of the sentence, which is that the only way it ends, barring extraordinary relief from a court or the Board of Pardons, is with death.  Third, DBI invokes the social death experienced by the incarcerated, as they are subject to degraded legal status, diminished rights, excluded from social and political life, tracked with an “inmate number” like a piece of inventory, and warehoused for decades in this subjugated status.  Finally, although DBI in this report is used to refer to LWOP sentences, the DBI label indicates that our concern is not merely with LWOP sentences, but inclusive of other term-of-years sentences that condemn a person to die in prison.

September 19, 2018 in Assessing Graham and its aftermath, Assessing Miller and its aftermath, Prisons and prisoners, Purposes of Punishment and Sentencing, Scope of Imprisonment, Sentences Reconsidered | Permalink | Comments (1)

Office of Inspector General assails how federal Bureau of Prisons manages female prisoners

As reported in this Washington Times piece, "A critical shortage of correctional officers plaguing the nation’s prison system is having a disparate effect on female inmates, a government watchdog said Tuesday." Here is more about the report and reactions to it:

The Justice Department’s inspector general, Michael E. Horowitz, concluded the dearth of trained prison employees is restricting the access of female prisoners to necessary care and services. “The lack of sufficient staff is most noticeable at larger female institutions,” Mr. Horowitz wrote in a report....

The report also concluded that 90 percent of the female inmate population would benefit from trauma treatment, but staffing shortages make it nearly impossible to provide eligible inmates with the care they need, according to the report....

Kara Gotsch, director of Strategic Initiatives at the Sentencing Project, said she was “not shocked” by the inspector general’s findings. “There is a staffing shortage system-wide,” she said.  “But staff shortages are more complicated with women prisoners because it’s compounded when you have male correctional officers in positions where women are required to do the strip searches.”

The inspector general recommended the Bureau of Prisons improve the allocation of staff across the country’s correctional facilities and ensure that all staffers have received proper training.  In a response attached to the report, Hugh Hurwitz, acting director for the Federal Bureau of Prisons, said he agrees with the inspector general’s recommendations and vowed to improve both staffing and training.  “The BOP will determine the appropriate level of staffing that should be allocated to the Women and Special Populations Branch, based on an analysis of its broad mission and responsibilities,” Mr. Hurwitz wrote.

Ms. Gotsch said the best solution to the issue is sentencing reform to reduce the number of women incarcerated for low-level offenses.  “We are putting too many women in prison for low-level offenses for too long,” she said.  “There is never enough money in the federal budget to adequately care for prisoners if we have significant overcrowding and maintain these high levels of incarceration.”

The full 60-page OIG report is titled "Review of the Federal Bureau of Prisons’ Management of Its Female Inmate Population," and it is available at this link.  Here is a paragraph from its introduction:

We concluded that BOP has not been strategic in its management of female inmates.  We determined that BOP needs to take additional steps at the Central Office level to ensure that female inmate needs are met at the institution level.  Our review identified instances in which BOP’s programming and policy has not fully considered the needs of female inmates, which has made it difficult for inmates to access certain key programs and supplies.  Further, while BOP is adhering to federal regulations and BOP policies requiring that only female Correctional Officers conduct strip searches of female inmates, BOP’s method for ensuring compliance with these requirements assigns staff inefficiently.  Finally, we found that BOP’s conversion of Federal Correctional Institution (FCI) Danbury to house male inmates negatively affected certain female inmates who had been housed there.

September 19, 2018 in Offender Characteristics, Prisons and prisoners, Race, Class, and Gender, Scope of Imprisonment | Permalink | Comments (0)

Monday, September 10, 2018

Events and resources covering Ohio sentencing and prison reform ballot initiative known now as Issue 1

Depc_testA few months ago, I flagged here the interesting and intricate drug sentencing and prison reform initiative headed for the November 2018 ballot here in Ohio.  Originally called the "Neighborhood Safety, Drug Treatment and Rehabilitation Amendment," the initiative now is just known within Ohio as Issue 1.   With early voting in Ohio now just a month away and Election Day 2018 not much more than 50 days away, the new Drug Enforcement and Policy Center (DEPC) at The Ohio State University Moritz College of Law has a lot of Issue 1 programming about to begin and has a lot of resources already assembled on its website.

This Thursday, September 13 at 12noon, starts a series five public panels under the title Ballot Insights.  Registration for these panels is available at this link, where you can also find more details on scheduled speakers and on which aspects of the Issue 1 will be the focus for particular panels (e.g., a first panel in October is focused on the Issue 1 provisions expanding "earned time credit" for Ohio prisoners to reduce their sentences through rehabilitative programming; a second panel in October looks at how to ensure any increased funding for drug treatment is utilized effectively). 

I have the pleasure of moderating the first Issue 1 panel this coming Thursday, which is titled simply "Neighborhood Safety, Drug Treatment and Rehabilitation Amendment: Step in the Right Direction."  This panel will include a leading proponent of Issue 1 (Steven JohnsonGrove of the Ohio Justice & Policy Center), a leading opponent of Issue 1 (Louis Tobin of the Ohio Prosecuting Attorneys Association), and a leading Ohio criminal justice reform expert (Daniel Dew of The Buckeye Institute).  The bios of the presenters are detailed at this link.

In addition to all the panels, DEPC has also created a Resources Page for Issue 1, which includes links to the ballot language, position statements from various groups and select media coverage.  DEPC is also building out a Commentary Page on Issue 1 for publishing original commentary that the Center has solicited. (A pair of public health scholars submitted this first commentary for publication on the DEPC site.)

 Prior related posts:

September 10, 2018 in Criminal Sentences Alternatives, Drug Offense Sentencing, Elections and sentencing issues in political debates, Prisons and prisoners, Reentry and community supervision, Sentences Reconsidered, Who Sentences | Permalink | Comments (0)

Wednesday, September 05, 2018

ACLU Campaign for Smart Justice launches "Smart Justice 50-State Blueprints"

As detailed in this ACLU press release, titled "Smart Justice Blueprints Launch With 24 State Reports And Interactive Web Tool, Remaining 27 To Be Rolled Out In Coming Months," the folks at the ACLU have an interesting new set of state-focused national resources advocating for criminal justice reform. Here are portions of the press release:

The American Civil Liberties Union’s Campaign for Smart Justice today unveiled the Smart Justice 50-State Blueprints, a comprehensive, state-by-state analysis of how states can transform their criminal justice system and cut incarceration in half.

The Smart Justice 50-State Blueprints are the first-ever analysis of their kind and will serve as tools for activists, advocates, and policymakers to push for transformational change to the criminal justice system.  They are the result of a multi-year partnership between the ACLU, its state affiliates, and the Urban Institute to develop actionable policy options for each state that capture the nuance of local laws and sentencing practices.

The 51 reports — covering all 50 states and the District of Columbia — will be released in multiple phases, beginning with an initial rollout of 24 state reports.  The reports are all viewable on an interactive website that allows users to visualize the reductions in jail and prison population that would result from the policy decisions that states pursue.  The interactive feature is here.

Each blueprint includes an overview of the state’s incarcerated populations, including analysis on who is being sent to jail and prison and the racial disparities that are present, what drives people into the system, how long people spend behind bars, and why people are imprisoned for so long.  The blueprints offer a calculation on the impact of certain reforms by 2025 on racial disparities in the prison population, fiscal costs, and overall prison population.  They also show precisely how a 50 percent decarceration goal could be achieved.

While more than 2 million people are behind bars in the United States, only about 10 percent are in federal prisons. Approximately 90 percent of the people incarcerated in the United States are held in local jails and in state prisons.  “Mass incarceration is a nationwide problem, but one that is rooted in the states and must be fixed by the states,” said Udi Ofer, director of the ACLU Campaign for Smart Justice.  “We hope that the Smart Justice 50-State Blueprints provide necessary guideposts for activists and policymakers as they pursue local solutions that will address the stark racial disparities in our criminal justice system and dramatically reduce their jail and prison populations.  Some of the reforms contained in the blueprints are readily achievable, while others are going to require audacious change. But all are needed to prioritize people over prisons.”

The state reports provide a snapshot of how reformers cannot take a one-size-fits-all approach to ending mass incarceration.  For example, in Louisiana, because more than one in three people admitted to prison in 2016 were convicted of property offenses and 30 percent of all admissions were for drug offenses, one road that Louisianans could take for reducing their prison population would be reclassifying drug and many property offenses as misdemeanors rather than felonies.

In Pennsylvania, the number of people entering prison for parole violations grew by 56 percent between 2006 and 2016, suggesting that the state’s decarceration strategy should include the improvement of parole and release policies and the implementation of reforms that would drive down the number of people sent to prison due to supervision violations.

Finally, in Michigan, 16 percent of prison admissions are for drug offenses, and a majority of the people (74 percent) imprisoned in Michigan are serving time for offenses involving violence. Thus, to reduce significantly the prison population in Michigan, policymakers must focus more heavily on transforming the way the criminal justice system responds to offenses like robbery and assault, which lead to sentences that have become harsher and longer over the past decade.

The website and the reports were created by utilizing a forecasting tool developed by the Urban Institute, which can be viewed here.

September 5, 2018 in Prisons and prisoners, Race, Class, and Gender, Scope of Imprisonment, State Sentencing Guidelines, Who Sentences | Permalink | Comments (6)

"Decarceration Strategies: How 5 States Achieved Substantial Prison Population Reductions"

The title of this post is the title of this new 50-page report by The Sentencing Project. Here is the start of its executive summary:

From 1980 until its peak in 2009, the total federal and state prison population of the United States climbed from about 330,000 to more than 1.6 million — a nearly 400% increase  — while the total general population of the country grew by only 36%, and the crime rate fell by 42%.  The catalyst of this prison expansion was policy changes that prioritized “getting tough” on crime. 

The national prison population began a gradual descent after 2009, lessening by nearly 113,000 (6%) from 2009 through 2016.  Several factors contributed to this decline: ongoing decreases in crime rates leading to fewer felony convictions; scaling back “war on drugs” policies; increased interest in evidence-based approaches to sentencing and reentry; and growing concerns about the fiscal cost of corrections and its impact on other state priorities.  The state of California alone was responsible for 36% of the overall population decline, a function of a 2011 U.S. Supreme Court ruling declaring its overcrowded prison system to be unconstitutional and subsequent legislative responses to reduce the use of state incarceration.

Despite the decline, the overall pace of change is quite modest.  A recent analysis documents that at the rate of change from 2009 to 2016 it will take 75 years to reduce the prison population by half.  And while 42 states have experienced declines from their peak prison populations, 20 of these declines are less than 5%, while 8 states are still experiencing rising populations.

To aid policymakers and criminal justice officials in achieving substantial prison population reductions, this report examines the experience of five states – Connecticut, Michigan, Mississippi, Rhode Island, and South Carolina — that have achieved prison population reductions of 14-25%.  This produced a cumulative total of 23,646 fewer people in prison with no adverse effects on public safety. (While a handful of other states have also experienced significant population reductions — including California, New York, and New Jersey —  these have been examined in other publications, and so are not addressed here.

The five states highlighted in this report are geographically and politically diverse and have all enacted a range of shifts in policy and practice to produce these outcomes.  All five were engaged in the Justice Reinvestment Initiative process, spearheaded by the Pew Charitable Trusts and the Council on State Governments, which was designed to work with stakeholders to respond to the driving forces of prison expansion in each state and to develop strategies for change in policy and practice.

This report seeks to inform stakeholders in other states of the range of policy options available to them for significantly reducing their prison population.  While we provide some assessment of the political environment which contributed to these changes, we do not go into great detail in this area since stakeholders will need to make their own determinations of strategy based on the particularities of their state.  We note, though, that the leaders of reform varied among states, and emerged among governors, legislators, criminal justice officials, and advocacy organizations, often benefiting from media coverage and editorial support.

The prison population reductions in these five states were achieved through data-driven policy reforms that pursued bipartisan consensus.  Changes were advanced in the areas of risk and needs assessment, community supervision, alternatives to incarceration, sentencing and sanctions, prison release mechanisms, prisoner reentry and community reintegration.

Five key strategies and practices that were employed in these states are summarized below, followed by extensive reviews for each of the five states.

September 5, 2018 in Data on sentencing, Prisons and prisoners, Scope of Imprisonment, Who Sentences | Permalink | Comments (0)

Tuesday, September 04, 2018

Former Enron CEO Jeff Skilling completes his time in federal prison

The name Jeff Skilling still stirs up a lot of sentencing thoughts for me because, 15 years ago, he was portrayed as one of the "worst-of-the-worst" white-collar offenders and he was one of the first very high-profile white-collar defendants to be sentenced after Booker made the guidelines advisory.  Consequently, this new article caught my eye under the headline "Former Enron CEO Jeff Skilling released from prison and sent to a halfway house." Here are the particulars and context:

Jeffrey K. Skilling, the former Enron CEO sentenced to a long prison term for his role in one of most notorious corporate fraud cases in history, was recently released from a minimum security federal prison camp in Alabama to a halfway house at an undisclosed location.

Enron's spectacular collapse cost investors billions of dollars and wiped out the retirement savings — not to mention the jobs — of thousands of employees.  Skilling, 64, was convicted of 12 counts of securities fraud, five counts of making false statements to auditors, one count of insider trading and one count of conspiracy in 2006 for his role in hiding debt and orchestrating a web of financial fraud that ended in the Houston company's bankruptcy.

He was sentenced to 24 years in prison and fined $45 million, the harshest sentence of any former Enron executive.  Five years ago, Skilling's sentence was reduced to 14 years by U.S. District Judge Sim Lake.  He is scheduled to be released Feb. 21, 2019, according to the Bureau of Prisons.

Federal prisoners are often released from prison several months early to a halfway house, a highly restricted dormitory-like setting that helps inmates ease back into society. They must maintain curfews, find work and stay out of trouble.  A. Kelley, assistant residential re-entry manager for the Bureau of Prisons in San Antonio, said the bureau would not say where Skilling is living.

The Bureau of Prisons typically sends inmates to a halfway house in their home city where they resided before incarceration.  It helps them re-acclimate to a more normal life and re-establish relationships with their families, said Philip Hilder, a white-collar defense lawyer who represented Sherron Watkins, a former vice president at Enron who went to then-Enron chairman Kenneth Lay to warn him of accounting irregularities she discovered while reviewing Enron's assets.

Inmates are typically required to get a job while they're at a halfway house and to report regularly to the federal probation department for up to three years, Hilder said. Skilling's lawyer could not be reached for comment.

September 4, 2018 in Celebrity sentencings, Prisons and prisoners, Reentry and community supervision, White-collar sentencing | Permalink | Comments (0)

Thursday, August 30, 2018

Prison chief explains his "non-political approach" to sentencing and prison reforms

John Wetzel, who serves as chair of The Council of State Governments Justice Center, president of the Association of State Correctional Administrators and Secretary of Pennsylvania’s Department of Corrections, has this new Hill commentary under the headline "A non-political approach focused on what works is key to solving prison crisis."  I recommend the piece in full, and here are excerpts:

[W]hile criminal justice reform currently occupies the rarified airspace of being mutually appealing to both sides of the political spectrum at the macro level, there remains a split on whether sentencing reform — the front end of the criminal justice system — should be included as a component of the First Step Act.  As written, the legislation focuses solely on reforms to back end within the Federal Bureau of Prisons.

With the caveat that any improvements to the federal corrections system – even incremental improvements — should be welcomed with open arms, the factual answer is that to realize actual, quantifiable improvement, sentencing reform is essential. It’s easy and common to embrace the notion that recidivism reduction is a back end issue and one owned solely by corrections professionals like me.  This notion is dead wrong.

As a Republican appointed as Secretary of Corrections by a Republican governor (Tom Corbett) and who was asked to continue in the role by a Democratic governor (Tom Wolf), I would argue that good sentencing, and by extension, prison policy, can rise above party politics.

I believe the formula for recidivism reduction is this: Incarcerate the right people for the right amount of time and provide them with the programming they need that specifically addresses the criminogenic factors that led to them committing a crime and, finally, provide the individualized reentry support to start them on a path to good citizenship....

Governor Tom Wolf, in kicking off Pennsylvania’s most recent criminal justice reform initiative, exemplifies the outcomes measure: less crime, fewer victims.  Achieving that goal requires our system to make good decisions every step of the way — from who we incarcerate to how long, including what conditions we incarcerate them in through what supports we offer to restore them to society.

August 30, 2018 in Prisons and prisoners, Reentry and community supervision, Scope of Imprisonment | Permalink | Comments (2)

Tuesday, August 28, 2018

"Incapacitating Motherhood"

The title of this post is the title of this new paper authored by Priscilla Ocen now available via SSRN.  Here is its abstract:

Incapacitation, the removal of dangerous people from society, is one of the most significant penal rationales in the United States.  Mass incarceration emerged as one of the most striking applications of this theory, as policymakers shifted from rehabilitative efforts toward incapacitation in jails and prisons across the country . Women have been uniquely devastated by this shift toward incapacitation.  Indeed, the United States is home to the largest and fastest growing women’s prison population in the world.

Of the women incarcerated in jails and prisons, nearly seventy percent were the primary caretakers of small children at the time of their arrest and approximately eighty percent are of reproductive age. Notwithstanding these alarming trends, the gendered dimensions of incapacitation have largely been underexplored in the scholarly literature. Rather, women’s incarceration has been theorized as an unintended consequence of the punitiveness directed toward Black men.

This Article aims to bridge this discursive gap by highlighting the specific ways in which incapacitation has been used as a means to regulate the bodies and reproductive capacities of marginalized women.  The Article advances this claim in three ways. First, by mapping the historical function of women’s prisons as a mechanism to restore and regulate “fallen women” who deviated from traditional norms associated with femininity and motherhood.  Second, by examining the ways in which contemporary women’s prisons similarly regulate women’s identities as mothers.  Instead of attempting to rehabilitate women, however, contemporary women’s prisons incapacitate women who engage in behavior or possess characteristics that diverge from traditional maternal norms.  Indeed, through what the Article terms the “incapacitation of motherhood,” women prisoners are alienated from their children, denied reproductive care, humiliated during pregnancy and postpartum recovery, and in some cases, sterilized. 

Lastly, contesting these practices and the incapacitation of motherhood, this Article calls for the use of a robust legal framework, informed by the principles of reproductive justice that are more protective of the reproductive capacities of incarcerated women.

August 28, 2018 in Offender Characteristics, Prisons and prisoners, Race, Class, and Gender, Scope of Imprisonment | Permalink | Comments (1)

Monday, August 27, 2018

Lots of notable pieces in August 2018 issue of Criminology & Public Policy

I just saw the contents of the August 2018 issue of the journal Criminology & Public Policy, and now I have at least half-dozen new pieces to add to my reading list. The issue has collections of pieces on timely topics such as "Risk Assessment And Juvenile Justice" and "Victim Compensation And White -Collar Crime" and "Downsizing Our Prisons And Jails" and "Prison Length Of Stay And Recidivism." Here are just a few of the article on these topics that seem worth checking out:

August 27, 2018 in Prisons and prisoners, Recommended reading, Scope of Imprisonment, Who Sentences | Permalink | Comments (0)

Friday, August 24, 2018

A true insider's reaction to Senator Cotton's commentary about federal criminal justice reform efforts

In prior posts here and here and here, I noted the commentary from Senator Tom Cotton attacking the federal criminal justice reform bills moving through Congress and some responses it has engendered.  Today I receive an email from the son of a federal prisoner who maintains this interesting blog with postings from his father.   The blog is worth checking out and it is titled "Blue Collar Criminal: 60-something small business owner.  Screwed by the DOJ.  Now I'm in prison.  These are my thoughts."

In addition to pointing me to this blog, the prisoner's son shared his father's response to the piece Senator Cotton wrote in the Wall Street Journal and gave me permission to reprint his father's writings here:

I write this response to Sen. Tom Cotton's editorial ("Reform the Prisons Without Going Soft on Crime") from within my 8 X 10' federal prison cell I share with another medicare-eligible inmate.  We agree that Cotton's essay should have been entitled - Reform the Prisons Without Doing a Damn Thing.

Cotton bases a lot of his assertions on statistics. In lieu of rebutting them, which would be a bit hard given my current lack of access to the internet, I have to settle on "inferior" data, which is the actual experience of actual prisoners whom I know, and find every bit as credible as anyone I knew on the "outside".  The specific ones I'm bouncing Cotton's preposterous claims off of, are guys with 10+ years of incarceration, and who have experienced a wide variety of federal prisons before working themselves down to the federal camp.  Though I've only been "down" one year, I find my bullsh*t detector is pretty reliable, and comes in handy when evaluating prison stories and reading editorials such as Cotton's.  Based on these findings, I not only doubt the factuality of the statistics he uses, I gravely mistrust the motives behind them.

I came here a big fan of Sen. Cotton's.  I first knew of him when he was a soldier, serving in Iraq, who was thought for awhile to be fictitious, due to the cognitive dissonance produced by the idea of a Harvard Univ./Harvard Law School grad being an infantry officer. I was very attuned to him, since my son was also in Iraq at the same time.  He also put his pen to good use in rebutting anti-war propaganda.  I was shocked, when my "adventure" with the DOJ brought me here, to find that Cotton, along with another of my conservative heroes - Sen. Jeff Sessions - were regarded as the mortal enemies of federal inmates, at least those who followed the progress of issues related to prison reform.  My move away from fanhood has been sealed by this editorial, which has impressed me that he's traded the tools of war for the tools of sophistry.

For starters, in Cotton's mind, we are all "criminals", a word he loves to repeat. One-size-fits-all.  Excuse my sensitivity, and I leave it to friends and family to defend my name, but many of these guys are as fine individuals as any I know, and were "productive, law-abiding citizens" until the feds came after them.  (If you find that hard to swallow, you might care to read Harvey Silverglate's 'Three Felonies A Day'.)

He calls the House bill "flawed", and to the extent that it tampers with mandatory minimum sentences, or gives judges more discretion, a prescription for a "jailbreak". Why is lengthening a sentence wise, but shortening some foolish?  Why is Cotton incapable of recognizing that prison populations are comprised of both truly dangerous, bad-guy criminals, and nonviolent, non-dangerous law-transgressors (including some who are truly and factually innocent)? Many of the guys I know in here would probably only "endanger communities" by cutting their neighbors lawn while they're on vacation.  (And I'm not here making a distinction between "white-collar" and "drug offenders".  I've learned that 'drug offender' is also not a one-size-fits-all category).

In his paragraph on the current "drug epidemic", he cites a number of statistics to justify mandatory minimum sentencing, but ends by essentially admitting those statistics might not be significant or prove his point.

His statements about how very little of recidivism is attributable to parole violation, does not purport with what I've seen nor the experience of my "experts".  Most of the guys in my unit who have prior convictions are here now because their parole officer caught them 'high'.  One guy here, a farm boy, had a prior drug felony, and "caught" an 8 year sentence for a felony firearms crime.  He was deer hunting in a tree stand, having lost his right to bear arms by virtue of being a drug felon. Cotton's statistic to prove that drug convictions lead to rearrests for murder and rape 77% of the time, strikes my fellow inmates as not only false, but weird, crazy scare tactics.

Cotton's cherry-picked example of a drug dealer, Wendell Callahan, who murdered his girlfriend and her daughters, is great for demagogic purposes, but irrelevant to the debate of shortening the eligible sentences of nonviolent felons.  This has to be weighed in a context that looks objectively at good outcomes as well as negative.  Keeping families apart, and depriving children of their fathers, when its not necessary for the public good, is a social evil; and this is what mandatory minimum sentences often do.  It leads to and insures that the next generation will likely repeat the mistakes of their parents.

Cotton attacks even the term "mass incarceration" on the strange basis that it couldn't possibly be big, since it could be bigger.  I would say simply, that whichever country incarcerates the highest percentage of it's citizenry deserves the title of "mass incarcerator".  This would be the United States.  One book I've read states that the U.S. incarcerates 6 to 12 times more than the following countries: Canada, U.K., France, Germany, Italy or Australia.  Yet Cotton thinks we don't lock up enough.

But it gets worse. Cotton writes that "virtually no one goes to federal prison for "low-level, nonviolent" drug offenses.  Even I, a relative newbie, know guys who are not only here for that, but have sentences exceeding 10 years.  He says those that are here for just that have only pleaded to that, though they actually committed more serious offenses. Baloney.  Here's how that goes - they commit a crime deserving 1 year (for example) and plead "down" to a 4 year sentence, because they're being threatened with a 12 year sentence.  My friends here can't believe that Cotton doesn't know this.

It's not unusual for the feds to concoct 20 charges, and settle for 2. It happens to everyone.  It happened to me.  They are extremely creative in their use of enhancements.  (If the real crime were so heinous, why would they settle for a much lighter sentence?)

And then this - "Presidential pardons are a much better instrument of justice than broad sentencing reductions." Puh-leeze! (I think this ridiculous statement was just a set-up for his snarky shot at Trump.)

Cotton dismisses fiscal conservatives who would hope to reduce the cost of the American prison system. "The costs," he says, "of crime ... far outweigh the downsides of putting serious criminals behind bars."  That all depends on what you consider to be "serious" criminals, and how you calculate the "downsides".  At my camp, the common consensus is that the average age here is 50+.  That includes quite a few in their 70s, and about 3 or 4 in their 80s. Maybe a dozen use canes.  The financial distress on families and the negative economic impact on communities would certainly be part of the calculation of the "downsides", as would unquantifiable costs such as the loss of adult children to care for aged and debilitated parents.  Certainly also there's a tremendous cost to communities who have lost key employees and employers, volunteers to non-profits, etc.  There's a 80 yr old oncologist/researcher who's here due to a financial transgression of a side company he was a partner to.

As to his closing assertion that "mandatory minimums .... work", there is a great body of research that would show otherwise.  I, for one, would love to see a poll taken of federal judges as to the truth of that statement.

Sen. Cotton ends his diatribe against prison reform, the kind that might actually reduce the prison population, with an affirmation of "faith-based and other antirecidivism programs".  I heartily concur, in fact, I wish everyone would embrace the teaching of the Bible. In it we read this great truth - "For judgment will be without mercy to anyone who has shown no mercy; mercy triumph over judgment." (James 2.13)

If that is deemed as soft on crime, we need to deeply consider where we are heading.

August 24, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Prisons and prisoners, Reentry and community supervision, Who Sentences | Permalink | Comments (15)

Wednesday, August 22, 2018

What might and will nationwide prisoner strike achieve?

Npssticker02The question in the title of this post is prompted by this USA Today report on a notable movement by many prisoners nationwide under the headline "Prisoners nationwide go on strike to protest 'modern-day slavery'."  Here are the basics:

Prison inmates nationwide, seeking to put pressure on the country's penal system, began a two-week strike on Tuesday. The strike was timed to begin on the anniversary of the killing of jailed African American activist George Jackson. He was killed by a guard in 1971 after taking guards and two inmates hostage in a bid to escape from San Quentin State Prison in California.

The final day of the strike — Sept. 9 — also carries symbolism. That's the day in 1971 that the Attica Prison riots began in New York, eventually leaving more than 40 people dead when police stormed in to re-take the facility.

Prisoners leading the protests say the strike is aimed at ending what they call "modern-day slavery." Inmates complain they are paid pennies on the dollar per hour for labor. This is made legal by an exemption in the 13th Amendment which allows involuntary servitude for those who convicted of crimes in the United States.

The event is spearheaded by Jailhouse Lawyers Speak, a network of imprisoned prisoner rights advocates based out of Lee Correctional Institution in South Carolina and supported by the Incarcerated Workers Organizing Committee (IWOC), a prisoner-led trade group. Inmates plan to abstain from reporting to their assigned jobs, halt commissary spending, hold peaceful sit-in protests and refuse to eat during the strike.

“Prisoner participation depends on their location and privilege status,” said Amani Sawari, a prison reform activist and spokesperson for the strike. “If inmates are working they can suffocate the prison industrial complex by reducing their spending. In some detention facilities, prisoners may not be working so they might do a sit-in. It all depends.”

The call for action comes as a response to a prison riot that took place in Lee Correctional Institution in South Carolina in April of this year, resulting in the death of seven inmates and injuring of over a dozen others. Inmates posted videos on social media showing the aftermath at the budget-strapped prison....

The prisoners released a list of 10 demands on the IWOC website that include, in part, the immediate improvement of prison policies, an increase in prisoner wages and rescinding laws that prevent imprisoned persons from having a chance at parole. The inmates also call for more rehabilitation services and voting rights.

Prisons in at least 17 states are expected to participate in the protests, according to Sawari, with a majority of them located in the South and West Coast. On Aug. 21, U.S. cities participating will include Seattle; Portland, Oregon; Sacramento, California; San Jose, California; Corona, California; Los Angeles; Phoenix; Omaha, Nebraska; San Antonio, Texas; Asheville, North Carolina; Black Mountain, North Carolina; Atlanta; Fort Lauderdale, Florida; Des Moines, Iowa; Chicago; Columbus, Ohio; Minneapolis; Philadelphia; Boston; and Brooklyn, New York.

Experts say there is a chance the protest may drive change in some detention centers. "If the strike is widespread enough, it could be effective," said Lea Johnson, professor of law at the University of Florida's Levin College of Law. "These circumstances like poor labor conditions, poor prison conditions, unpaid labor, and lack of access to mental health treatment exist seemingly behind closed doors. By going on a national strike, you pull back the curtain and it can force legislators to act."

August 22, 2018 in Prisons and prisoners, Who Sentences | Permalink | Comments (1)

Tuesday, August 21, 2018

Still more on Senator Cotton's efforts to thwart significant federal criminal justice reforms and responses there to

In posts late last week here and here, I noted the commentary from Senator Tom Cotton attacking the federal criminal justice reform bills moving through Congress and some responses it has already engendered.  Now Politico has this new article on this beat headlined "Sentencing reform tests Cotton’s sway with Trump."  Here are a few highlights from a lengthy article:

Tom Cotton is going all out to defeat a last-ditch effort to pass sentencing reform before this year’s midterm elections, hoping to win a high-stakes influence campaign over President Donald Trump on the issue.

Cotton is lambasting the proposal as a “jailbreak” that would “let serious felons back on the streets,” taking on a daunting coalition fighting for the package that includes the Koch political operation, White House adviser Jared Kushner and a number of powerful GOP senators. But Cotton believes that, in the end, President Trump and Senate Majority Leader Mitch McConnell (R-Ky.) will side with him.

“The president went to Singapore and agreed with the Singaporeans that we should give the death penalty to drug dealers. I can’t imagine the president wants to reduce mandatory minimum sentences for drug dealers,” the Arkansas Republican said in an interview. “I believe Sen. McConnell shares my view that we should not let serious felons out of jail and we should not shorten the sentences for drug dealers.”

Even opponents of sentencing reform will privately admit it would likely pass if McConnell brings it up. But Cotton’s loud opposition may determine whether or not McConnell even allows a vote given his reluctance to summon up legislation that divides the conference — right before the election, no less....

The conflict is pitting some of Trump’s closest allies against each other. On one side are Cotton and Sen. David Perdue (R-Ga.), who calls the sentencing component “troubling” and wants to concentrate on prison reform. On the other are Sen. Rand Paul (R-Ky.), who wants to go even further on criminal justice reform but would be willing to accept the slimmed-down proposal, and Sen. Lindsey Graham (R-S.C.), who supports it....

Though the president supports the standalone prison reform effort, no one is quite sure where exactly Trump is going to come down on the sentencing piece that’s being added by Senate Judiciary Chairman Chuck Grassley (R-Iowa). Advocates for sentencing reform are hoping the president will offer a crucial endorsement to get the legislation across the finish line after commuting the sentence of Alice Johnson for drug offenses, while opponents say he’s unlikely to undercut his law-and-order persona....

“There is not a constituency, certainly among Republican voters, to let serious felons out of prison or slash their prison sentences,” Cotton said in the interview. “It’s ill-advised policy and even more ill-advised timing.” Countered Paul, another close Trump ally with opposing views: “We have a lot of non-violent criminals in our prison and they’re taking up space that could be better put to use for violent criminals."

Cotton also has strong allies, including Attorney General Jeff Sessions, who has long opposed sweeping sentencing reforms. The two have frustrated people working on the bill.

Yet many on the law enforcement side, a key Trump constituency, are working with Cotton. Jonathan Thompson, the National Sheriff Association's executive director, has spoken to the president twice about sentencing reform in the past year and half: “The president knows we’re concerned.” “We think what he’s doing is terrific. Sen. Cotton recognizes that it’s a very flawed bill,” said Larry Leiser, president of the National Association of Assistant U.S. Attorneys. “We’re hopeful the president won’t [endorse it].”

Unless Trump makes a major push for the legislation and takes on his critics like Cotton, there are many reasons for McConnell not to bring up the bill before the election. It would likely take at least a week for the Senate to process, time that McConnell might think is better spent processing lifetime judicial appointments ahead of an uncertain midterm outcome. Plus it would invoke an ugly intraparty foodfight, squaring Cotton off with proponents of sentencing reform like Grassley, who has been tweeting that the president “wants something done on prison/crim justice reform. So do I.”

“The consensus is the prison reform stuff,” said Senate Majority Whip John Cornyn (R-Texas). “There are people who want to do more, but it’s the usual issue: Do you want try and do more and fail, or do you want to do what’s possible?”

Despite the long odds, the battle is raging behind the scenes. Internal discussions of the subject at Senate lunches have been heated, according to Republican sources, a preview of what might happen on the Senate floor if the chamber takes it up. It’s the same dynamic that kept McConnell from bringing up a larger criminal justice reform package in 2016 as Cotton railed against it and declared the United States has an "under-incarceration problem.”

Trump’s “for prison reform, I’m for prison reform. What I don’t support is sentencing reductions under the guise of prison reforms, and that’s unfortunately what many senators are moving towards,” Cotton said in the interview. A number of conservative senators have quietly expressed their opposition to the sentencing reform component, according to groups working to defeat it. But Cotton's taken a bigger gamble by getting out front to stop a bill that hasn’t even produced yet.

Meanwhile, over here at the Daily Signal, John G. Malcolm and Brett Tolman have this lengthy new commentary under the headline "Why It’s Not ‘Soft On Crime’ to Support Criminal Justice Reform." Here is a snippet focused on mandatory minimums:

Cotton and others argue that mandatory minimum charges are reserved for kingpins and other major drug dealers, and low-level dealers are rarely subjected to mandatory minimum penalties. However, the U.S. Sentencing Commission, a bipartisan independent agency that collects and analyzes federal sentencing data, found that a surprisingly large number of low-level drug couriers are subjected to mandatory minimum penalties.

It is easy to see how that happens. Under federal law, a defendant charged as part of a drug conspiracy—even a low-level courier, who may be acting solely to support his own addiction—can be charged and sentenced based on the total amount of drugs sold by everyone who participated in that conspiracy. That’s true even if the courier never knew who these people were or what quantity of drugs they sold.

Of course, the courier should be punished. But how badly? Remember, we are talking about mandatory minimum penalties. A judge can always impose a higher sentence, up to the statutory maximum, for deserving drug traffickers and violent criminals. The proposed reductions are, in truth, quite modest.

Senators are currently debating the possibility of reducing the mandatory minimum penalties for second-time drug offenders from 20 years to 15 years, and for third-time drug offenders from life in prison without the possibility of parole to 25 years. Does anyone really think that minimum penalties of 15 and 25 years are not serious? 

Some of many prior recent related posts:

August 21, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Mandatory minimum sentencing statutes, Prisons and prisoners, Procedure and Proof at Sentencing, Reentry and community supervision, Who Sentences | Permalink | Comments (0)

Saturday, August 18, 2018

Discussions of criminal justice supervision and collateral consequences that merit extended conversations

This past week I saw two notable commentaries over at The Conversation. Here are links and brief excerpts:

Vincent Schiraldi, "Parole and probation have grown far beyond resources allocated to support them"

Today, there are twice as many people supervised on parole or probation as are incarcerated in the U.S....

Thousands of probation and parole officers supervise nearly 5 million people across the U.S. However, as the number of people under community corrections has swelled, resources for officers have lagged. While twice as many people are supervised in the community as are incarcerated, 9 out of 10 correctional dollars is funneled to prisons according to a report from 2009, the most recent year with available data....

In 2017, every major community corrections association in the U.S., along with 45 elected or appointed prosecutors and 35 probation and parole officials as well as myself wrote in a statement: “Designed originally as an alternative to incarceration, community corrections has become a significant contributor to mass incarceration” that should be downsized while reinvesting the savings in “improving community based services and supports for people under supervision.”

Stanley Andrisse, "I went from prison to professor — here’s why criminal records should not be used to keep people out of college"

Beginning next year, the Common Application – an online form that enables students to apply to the 800 or so colleges that use it – will no longer ask students about their criminal pasts.

As a formerly incarcerated person who now is now an endocrinologist and professor at two world-renowned medical institutions — Johns Hopkins Medicine and Howard University College of Medicine — I believe this move is a positive one.  People’s prior convictions should not be held against them in their pursuit of higher learning.

While I am enthusiastic about the decision to remove the criminal history question from the Common Application, I also believe more must be done to remove the various barriers that exist between formerly incarcerated individuals such as myself and higher education.

August 18, 2018 in Collateral consequences, Criminal Sentences Alternatives, Prisons and prisoners, Reentry and community supervision | Permalink | Comments (0)

Friday, August 17, 2018

Will Trump White House soon "deploy its assets ... to stump" for federal criminal justice reform? It may be critical.

The question in the title of this post is prompted by this new Hill commentary authored by Holly Harris headlined "Connect Beltway to America to get federal criminal justice reform done." Here are excerpts:

When it comes to excuses to pass over federal criminal justice reform, I have heard them all, from “it takes at least 10 years to pass legislation like this” to “there is no way move a criminal justice bill in an election year.” But the one that really burns me is “you cannot point to state success because the federal system is much more complicated.”

The arrogance of the Beltway is incredible.  Of the more than 2.3 million people serving time behind bars in this country, more than 1.3 million are housed in state prisons, and about 615,000 sit in local jails.  Only 225,000 are housed in a federal facility. The Texas prison system alone holds more inmates.  State prison systems deal with overcrowding, stifling budget cuts, and drug epidemics that show no signs of abating.  Because they can see and experience this crisis first hand, governors on the left and the right are passing strong criminal justice reforms that offer alternatives to incarceration such as drug treatment programs, provide opportunities that put people back to work, and save millions of taxpayer dollars.

Now these governors are invading the federal reform effort, seeking to finally connect Beltway leaders to what is happening in their own backyards.  President Trump, in a savvy move, convened a criminal justice roundtable at his resort in New Jersey and invited Republican and Democratic governors from states like Louisiana, Mississippi, Kentucky and Georgia, all of which have passed strong criminal justice reforms with bipartisan support that decrease incarcerated populations, improve reentry programs, and ultimately lower crime and recidivism.  This is all part of a strategy to take the fight to pass a federal bill straight to the people and away from the status quo in Washington....

Keenly aware that red states like Georgia, Oklahoma, Mississippi and Kentucky have made aggressive changes to their justice systems, including sentencing reforms and felony expungement laws, [Jared] Kushner has showed the president these success stories.  In this latest roundtable, Trump included the Democratic governor of Louisiana, John Bel Edwards, who shared that reforms implemented in his state led to a 20 percent decrease in the number of people imprisoned for nonviolent crimes, which frees up valuable resources to fight dangerous crimes and reduce recidivism.

While the public safety benefits of reform are undoubtedly impressive to a “tough on crime” president, the overwhelming public support for these issues must be equally attractive.  Voters across the country are looking to Congress to act. Polling from earlier this year shows that 75 percent of voters, a clear supermajority crossing all partisan, geographic, education, income, racial and ethnic boundaries, believe the criminal justice system needs to be reformed and support changes such as fixing our cash bail system and replacing mandatory minimum sentencing laws.

In the final stretch to a Senate vote, do not be surprised to see this White House deploy its assets to the states to stump for a bill they know the American people want.  There will be folks from every walk of life lining up behind them, from business leaders and military veterans to civil rights advocates and faith leaders.  Just this week, people from 50 organizations of all political stripes and bipartisan senior legislative staff met to talk details. When the phone lines light up in offices all over Capitol Hill demanding a vote, Washington may well be out of excuses.

Candidly, I will be quite surprised if this White House were to deploy its assets to stump for reform, but I certainly hope this will happen.  I am fairly confident that if Prez Trump were to do a series of tweets in support of a federal criminal justice reform bill, that bill would have a much greater chance of getting to his desk.  And Prez Trump does not have to change minds about pending reforms: there is already overwhelming bipartisan support for the basic substance of nearly every serious sentencing and prison reform bill. 

The current challenge is  getting congressional leadership to settle on which version of which bill will be brought up for a vote. Senate leadership has been the bottleneck lately, and the White House surely could and should focus, publicly and privately, on advocacy toward leadership to settle on a bill and finally allow a vote.  (Notably, the FIRST STEP Act got 86% approval when it got to a vote in the House of Representatives, so it seems informed legislators are even more supportive of federal reform than the poll numbers.) 

This piece by Holly Harris highlights just why passage of federal criminal justice reform could be a huge win for this Administration, and I hope Prez Trump sees the potential political value to pushing reform over the finish-line.  Presidents always have unique powers and unique opportunities to grease the legislative process, and a congressional reform discussion that has been going strong for now five years with no tangible results can certainly uses as much grease as it can get. 

Some of many prior recent related posts:

UPDATE: I have just added to the title of this post after seeing this new Politico piece headlined "Criminal justice deal faces steep Senate hurdles despite Trump’s push."  Here is an excerpts that has me thinking reform does not get done unless and until the Trump White House puts all its might behind the effort:

Trump has stepped up his own calls for a deal on the prisons overhaul that the House passed earlier this year, holding two events so far this month.  And groups off the Hill say they're closing in on a path to pass the legislation through the Senate by adding some of the sentencing changes Judiciary Chairman Chuck Grassley (R-Iowa) spent years negotiating with Democrats.

But interviews with a dozen GOP senators show that those talks remain in a precarious state.  That’s because the handful of Republicans who have long protested reducing mandatory-minimum sentences leave Majority Leader Mitch McConnell (R-Ky.) without any incentive to call up legislation that would split his conference.

One of those longtime critics of adding sentencing to the House-passed prisons bill bluntly predicted Thursday that McConnell would not “bring the bill to the floor any time soon.”

“I’m not sure that we can put together a deal,” Sen. John Kennedy (R-La.) said in an interview. “I’m not sure we should.”...

Close involvement from Trump will likely be required for the GOP to get past its internal schism over reducing mandatory minimum sentences as part of a prisons package. Grassley's bipartisan package of sentencing and prison reforms boasts 15 Republican cosponsors, but Attorney General Jeff Sessions opposes even the narrower prisons-only approach the House has passed.

August 17, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Mandatory minimum sentencing statutes, Prisons and prisoners, Reentry and community supervision, Who Sentences | Permalink | Comments (1)

Thursday, August 16, 2018

Senator Cotton delivers faulty arguments to prop up faulty federal sentencing system

With Jeff Sessions now in the role of Attorney General, Senator Tom Cotton is one of the last members of Congress eager to push a tough-and-tougher agenda.  Despite the US position as world leader in incarceration, Senator Cotton asserted a few years ago, as noted here, that "we have an under-incarceration problem."  His thinking today finds expression in this new Wall Street Journal article headlined "Reform the Prisons Without Going Soft on Crime: Proposals to give judges more discretion and cut mandatory minimums endanger public safety."  Regular readers will be familiar with many of the moves in this piece (even though we've not heard much from Bill Otis lately).  Here is a sample:

The U.S. faces a drug epidemic today, exactly the wrong time to go soft on crime.  According to the National Institute on Drug Abuse, in 2017 more than 72,000 Americans died of drug overdoses, a 37% increase from 2015 and a nearly 100% increase since 2008.  Violent crime has declined since the 1980s because mandatory minimums adopted then locked up violent criminals.  But in 2015-16, the most recent years for which full data are available, violent crime increased at its fastest rate in a quarter-century, though preliminary data suggest it might have leveled off in 2017....

This naive policy ignores the reality of recidivism.  Five out of six prisoners end up rearrested within nine years, according to a recent Justice Department study. In fact, on average reoffenders are rearrested five times — and not for minor crimes.  Only a handful of ex-convicts return to prison exclusively for parole violations, whereas 77% of drug offenders are rearrested for serious nondrug crimes, such as murder and rape.  Most criminals will commit more crimes after being released from prison, even with improved rehabilitation programs.  The last thing Congress should do is shorten their sentences or allow them to “serve time” in home confinement....

What is the logic of such leniency?  Activists say they want to reverse “mass incarceration.”  That is a curious characterization when less than half of crimes are even reported to police and more than 80% of property crimes and 50% of violent crimes that are reported go unsolved, according to Pew Research Center.  Tell those victims denied justice that the U.S. locks up too many criminals.

Virtually no one goes to federal prison for “low-level, nonviolent” drug offenses, especially mere drug use or possession. In 2015, there were 247 inmates in federal prison for drug possession. In these rare cases, the inmates usually pleaded down from a more serious offense.  In the extreme case of a manifestly unjust sentence, the pardon power is a better instrument of justice than broad sentencing reductions. President Trump has shown himself more than willing to intervene to redress such cases.

Some fiscal conservatives believe that America spends too much on the prison system.  Yet the Bureau of Prisons costs taxpayers less than $8 billion a year, or about 0.2% of the entire federal budget.  After national security, the government’s most basic responsibility is to protect its citizens from crime. The costs of crime and disorder — personal and economic — far outweigh the downsides of putting serious criminals behind bars.

Mandatory minimums and truth-in-sentencing laws work. Rather than eliminate them, Congress should improve access to faith-based and other antirecidivism programs in federal prisons.  American families deserve safe communities and protection from drugs and crime.  Criminals, especially first-time offenders who grew up in rough environments, deserve second chances — once they have done their time.

I suspect most readers can readily see logical flaws in Senator Cotton's advocacy here (e.g., how do poor clearance rates for violent crimes justify excessive drug sentences?).  Most fundamentally, the bills with a chance for passage in Congress do not get anywhere close to "eliminating"  mandatory minimums or truth-in-sentencing laws, and they in fact sadly do not really do all that much more than enhance antirecidivism programs in federal prisons.  But even the modest bills with a shot at passage (which have the support of Prez Trump) are too much for Senator Cotton.

John Pfaff has this twitter thread in which he describes the effort as "horrifically dishonest." John attacks various numbers in the op-ed, and I will just stress a telling flip-flop on the clemency front. Senator Cotton says "the pardon power is a better instrument of justice than broad sentencing reductions," but many folks on the right criticized Prez Obama's use of clemency at the end of the term by saying it should be Congress in charge of granting any serious sentencing relief.  Senator Cotton here also says here "President Trump has shown himself more than willing to intervene to redress such cases," but he has so far only commuted two extreme federal sentences (roughly .001% of the federal prison population).  Prez Trump has promised to do more, but he can not be expected to nor depended upon to do the kind of reform via clemency that Congress should be doing in the first instance.

UPDATE: Mark Holden has this new commentary, headlined "Correcting the Record About Sentencing Reform and Mandatory Minimums," which goes point-by-point through key claims made by Senator Cotton and provides different perspective on his assertion.

ANOTHER UPDATE:  Derek Cohen over at Right on Crime also has this notable response to Senator Cotton's piece under the headline "Setting the Record Straight"

August 16, 2018 in Criminal justice in the Trump Administration, Mandatory minimum sentencing statutes, Prisons and prisoners, Scope of Imprisonment, Sentences Reconsidered, Who Sentences | Permalink | Comments (2)

Wednesday, August 15, 2018

"Nowhere to Go: Homelessness among formerly incarcerated people"

The title of this post is the title of this notable new Prison Policy Initiative report which gets started this way:

It’s hard to imagine building a successful life without a place to call home, but this basic necessity is often out of reach for formerly incarcerated people.  Barriers to employment, combined with explicit discrimination, have created a little-discussed housing crisis.

In this report, we provide the first estimate of homelessness among the 5 million formerly incarcerated people living in the United States, finding that formerly incarcerated people are almost 10 times more likely to be homeless than the general public.  We break down this data by race, gender, age and other demographics; we also show how many formerly incarcerated people are forced to live in places like hotels or motels, just one step from homelessness itself.

August 15, 2018 in Data on sentencing, Offender Characteristics, Prisons and prisoners, Reentry and community supervision | Permalink | Comments (1)

Sunday, August 12, 2018

Rounding up a few notable recent commentaries

Will I was on the road last week, I saw a lot of interesting commentaries that I might have blogged had I had regular internet access. Instead, now that I am back on-line, I will be content with this round-up of commentary headlines and links:

David Eads, "Too Many Politicians Misuse and Abuse Crime Data"

Craig DeRoche, "The Church Should Push Federal Criminal Justice Reform Bill to the Finish Line"

Tim Head, "FIRST STEP Act is smart legislation — perfect for prison reform"

Glenn Harlan Reynolds, "The next step in criminal justice reform is fewer laws"

Bruce Western, "Violent offenders, often victims themselves, need more compassion and less punishment"

August 12, 2018 in Data on sentencing, Prisons and prisoners | Permalink | Comments (0)

Saturday, August 11, 2018

Does Prez Trump have the courage to visit the largest maximum security prison in the country?

The question in the title of this post reflects my weak effort to try to goad Prez Donald Trump into accepting an invitation from Louisiana's governor as reported in this article:

Gov. John Bel Edwards has invited President Donald Trump to visit Louisiana State Penitentiary at Angola, the largest maximum security prison in the country.

In a letter sent Thursday (Aug. 9) [available here], Edwards said Angola would be a good place for Trump to explore the benefits of Louisiana's criminal justice overhaul last year. Edwards touted the vocational, victim reconciliation and faith-based programs housed at the prison, where nearly 6,000 inmates live.

Specifically, Edwards said Trump should see the accredited Bible college located at Angola and the prison's hospice program, which has received national recognition. "It is not a secret that the implementation of these types of programs is what helped to transform LSP from one of the bloodiest prisons in America to a place of hope, transformation and reconciliation," Edwards wrote to Trump.

Both the Bible college and the hospice program at Angola predate by several years the criminal justice overhaul Edwards spearheaded. In fact, inmates at Angola were not as significantly affected by the criminal justice law changes in 2017 as people in other parts of the prison system.

Edwards' criminal justice overhaul dealt mostly with shortening sentences and expanding parole and probation opportunities for nonviolent offenders. It has resulted in Louisiana losing its title of incarceration capital of the country, but the drop in the prison population has occurred almost entirely among people serving time for lower-level offenses.

Angola is home predominantly to people serving life sentences for violent crimes who will never be released from prison. Those inmates mostly did not see substantial changes in their sentences as a result of the criminal justice overhaul.

The governor also attended a meeting in New Jersey with Trump and several other elected officials on criminal justice issues Thursday. Other governors attending included Gov. Matt Bevin, R-Kentucky, Gov. Phil Bryant, R-Mississippi, and Gov. Nathan Deal, R-Georgia. Edwards was the only Democrat invited to the meeting.

Notably, a little more than three years ago as detailed in this post, Prez Obama got lots of good press for making history by being the first occupant of the White House to visit a federal correctional facility.  Back in 2015, I had this to say in the wake of this historic visit: "Though I am not really expecting it, I would love for this kind of presidential visit to a prison to become a regular habit and something of a tradition. As President Obama stressed in his recent speech to the NAACP, most of the persons behind bars "are also Americans" and all presidents should be committed to serving all Americans, even those who are incarcerated."  It would be amazing for Prez Trump to be the one who turns visiting a prison into a tradition, and perhaps Prez Trump could even be goaded into trying to  Prez Obama's visitation record by visiting both a state and a federal prison as he advocates for Congress to pass criminal justice reform.

Interestingly, earlier today Prez Trump had this tweet which mention his advocacy for prison reform in this way: "I'm pushing for prison reform to give people who have paid their debt to society a second chance. I will never stop fighting for ALL Americans!"  I hope part of his push will include a visit to Angola and other prisons and jails, where millions of Americans reside.

A few older related posts:

August 11, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences | Permalink | Comments (2)

Friday, August 10, 2018

Could a version of the FIRST STEP Act with sentencing reforms pass the Senate in a matter of weeks?

The question in the title of this post is prompted by this encouraging Thursday Washington Examiner piece headlined "Jared Kushner helps Trump pave rare bipartisan path to big win." Here are excerpts with a few lines emphasized:

Thursday’s roundtable at President Trump’s summer White House in New Jersey to address prison and sentencing reform with governor’s is the latest bid by top aide Jared Kushner to give his father-in-law a rare bipartisan victory on a once controversial issue.

In getting Trump to carve out part of his working vacation at his golf club in Bedminster, N.J., Kushner and other officials are hoping to demonstrate how important the issues are to the president as he works to get a Senate vote in the next month.

Trump’s meeting this afternoon with governors, state attorneys general, and top aides is the latest in which he will endorse prison reform and he is also expected to open the door to sentencing reform, a sign to key senators that he is ready for a deal.

Just last week he met with Trump met with Republican Sens. Mike Lee, Lindsey Graham, Tim Scott and Chuck Grassley who are working legislation on sentencing and prison reform.

“We are trying to get a vote in the next two weeks,” said an administration official of the broad prison reform bill known as the First Step Act that passed the House overwhelmingly.

As he has on Middle East peace and other projects his father-in-law has given him, Kushner has worked overtime -- and always behind the scenes -- to build an unusual coalition in support of the reforms....

“There can’t be any doubt that by having this as the only major event on the president’s schedule that he is laser focused on this,” said one associate, who added, “We think that with this momentum and with the coalition behind it, that this can actually happen.”

Importantly, as I understand matters, the Senate would be voting on not just the prison reforms in the House version of the FIRST STEP Act, but also some sentencing reforms. Those reform are limited, but still quite significant, and they are outlined in this recent piece by Mark Holden.  And if this is brought up for a vote in the Senate, I do not think there is any real likelihood it would not pass.  Indeed, the question would be probably whether it might get even more than 80 votes.

If this really gets completely done in the coming weeks, I do think it will be right to give Prez Trump and his Administration a considerable amount of credit.  But that credit comes only if and when a bill is signed and the law is changed.  Remarkably, I am starting to get optimistic that this could happen pretty soon.

August 10, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Mandatory minimum sentencing statutes, Prisons and prisoners, Who Sentences | Permalink | Comments (2)

Thursday, August 09, 2018

White House emails "startling facts about America’s prison system"

Though I will not be back on-line regularly for a few more days, I  am finding ways to check my emails and felt inspired to report here on what appeared at the very top of the daily email blast from the White House today.  Specifically, this text and these links appeared under the heading "The startling facts about America’s prison system":

Following successful bipartisan passage of the FIRST STEP Act in the House of Representatives, President Trump is hosting a roundtable with a number of America’s governors today to discuss implementing prison reform in their states.

President Trump supports efforts to reduce recidivism — the return of former inmates to prison—as a way to make America’s streets safer. The Administration has worked closely with Congress to find a solution that reduces crime, enhances public safety, and increases opportunity for those who have earned a second chance.

“The facts about America’s prison system are startling,” Senior Advisor Jared Kushner wrote in The Wall Street Journal in April. “The U.S. has 4% of the world’s population, but roughly 25% of the world’s prisoners. . . . Of the 650,000 people who leave prison every year, two-thirds will commit a new crime within three years.”

The bottom line, says Kushner: “President Trump promised to fight for the forgotten men and women of this country—and that includes those in prison.”

The starting facts about America’s prison system.

Taking action: President Trump’s principles for reforming our prisons

No White House gets any credit or congratulations from me unless and until actual legislation gets enacted into law.  But this email, which also noted that today "President Donald J. Trump is hosting a roundtable discussion with governors on prison reform and the FIRST STEP Act before Congress," reinforces my sense that this White House is going to keep talking up at least some measure of criminal justice reform until at least something actually gets done. Or, at least, they are fooling me into believing this is a real priority for this Administration.

August 9, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences | Permalink | Comments (2)

Sunday, August 05, 2018

Prison Nurseries?

I'll be back tomorrow blogging about the war on kids, but I wanted to share this NBC news story about prison nurseries.

According to the piece, there are eight prison nurseries in the United States, and as the number of women in prison has exploded in recent years, their existence raises several interesting questions. Is separation from one's infant a just part of a sentence? Does that sentence inflict more harm on the child than the mother? Is it safe/desirable/cost-effective to allow mothers and infants to remain in prison together? More here:

Bedford Hills has the nation’s longest-running prison nursery. Opened in 1901, it has allowed hundreds of women who have started their sentences pregnant to bond with their babies while behind bars — something advocates say is best for babies and lowers the mothers’ recidivism rate, but some critics argue violates the children’s constitutional rights using taxpayer money, while placing a burden on prison staff by requiring them to double as day care workers.

Bedford Hills is one of eight prison nurseries in the United States. The number of such programs has fluctuated as funding and sentiment toward them has risen and fallen, but now, more than ever, their effectiveness is under scrutiny as the number of women behind bars has skyrocketed.

There are nearly 214,000 women incarcerated in the U.S. — an increase of more than 700 percent since 1980, according to nonprofit The Sentencing Project. There is no official count of how many of these women give birth while imprisoned.

In most prisons, when a woman gives birth, her baby is taken away within 48 to 72 hours and sent to either a relative or foster care. Prison nursery supporters say that keeping newborns with their moms, even behind bars — while not a perfect solution — is better than any alternative.

 

August 5, 2018 in Guest blogging by Professor Cara Drinan, Offender Characteristics, Prisons and prisoners, Race, Class, and Gender | Permalink | Comments (0)

Saturday, August 04, 2018

The War on Kids Post #2

In my last post, I addressed the irony of America inventing the juvenile court and then both exporting that concept to the world and abandoning it domestically. Today I want to unpack the realities of my claim that there has been a war on kids since the late 20th century. Let me acknowledge that, to some readers, the concept of a war on kids in America today may sound misguided or dramatic. After all, educators complain of helicopter parents and so-called free-range parents may face prosecution for granting their children liberties that were commonplace in my childhood. However, even as some children in America are more coddled and protected than ever before, I stand by my claim that the U.S. has waged a war on kids.

This is what the war on kids looks like. 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. While some hold themselves out as camps, academies or training facilities, these are correctional institutions; 89% of them are locked and many employ handcuffs, leg cuffs and restraining chairs, as well as solitary confinement. At the same time, we are not reserving detention for the most serious juvenile offenders. Nearly a quarter of youth in juvenile facilities have only been charged with a technical probation violation or a status offense. Schools, with police officers in the halls and zero-tolerance policies on the books, have become a gateway to the criminal justice system. In at least 22 states it’s a crime to disrupt school in ways that may have earned a student a trip to the principal’s office a few decades ago. Preschoolers, yes, preschoolers, can face suspension and expulsion for age-appropriate behaviors. This is deeply problematic, as suspensions, especially repeated ones, increase a student’s risk of dropping out of school and coming into contact with the criminal justice system.

Moreover, as I mentioned in my first post this week, our laws have cemented the notion that kids, once accused of a crime, may be treated as adults. Prosecutors routinely remove kids from juvenile court and charge them in adult court on the basis of the legal fiction of transfer laws. Youth in adult court are subject to mandatory sentences that today many of us would agree are too harsh even as applied to adults. Juveniles can be housed in adult correctional facilities, despite being the most vulnerable to physical and sexual assault in those locations. Until 2005 we were the only nation to execute people for juvenile offenses, and today we are the only developed nation in the world that still sentences children to die in prison.

Perhaps most discouraging, the war on kids has taken its greatest toll on the nation’s most vulnerable kids – those in poor, minority areas that are under-resourced and heavily policed. Black youth are more than twice as likely as white youth to be arrested, and, even as overall youth detention rates continue to decline, black youth are five times as likely as white youth to be detained. Similarly, poverty shunts children into the criminal justice system who would never be there if they had the financial resources to pay for private counsel, a diversion program, or even an ankle bracelet. Finally, when one looks at youth serving the most extreme sentence on the books, life without parole, approximately half were physically abused and nearly 80 percent witnessed violence in the home. Thus, like most wars, the war on kids has had its greatest impact on poor, minority and otherwise vulnerable communities.

In my next post, I’ll address recent Supreme Court decisions regarding juvenile sentencing and their implementation at the state level.

August 4, 2018 in Guest blogging by Professor Cara Drinan, Prisons and prisoners, Race, Class, and Gender | Permalink | Comments (8)

Friday, August 03, 2018

Interesting new data suggesting important recent recidivism reduction

Changing-State-of-Recideivism_chart_650px_v1The folks at Pew have this interesting and important new data analysis under the title "The Changing State of Recidivism: Fewer People Going Back to Prison: Data show the number returning 3 years later is down by nearly a quarter." Here is the heart of the data:

The share of people who return to state prison three years after being released — the most common measure of recidivism — dropped by nearly a quarter over a recent seven-year period, according to an analysis by The Pew Charitable Trusts of federal Bureau of Justice Statistics (BJS) data on prisoners released in 2005 and 2012.

Pew analyzed publicly accessible data from the 23 states that reported reliable prison admissions and release data to BJS from 2005 through 2015.  Among prisoners released in 2005, 48 percent returned to prison by the end of 2008. By comparison, among those released in those states in 2012, 37 percent had at least one new prison admission by the end of 2015.  That translates into a drop of 23 percent. The states included in the analysis accounted for about two-thirds of those released from state prisons nationwide each year.

Longer-term recidivism also fell.  Prisoners released in these states in 2010 were 13 percent less likely than the 2005 cohort to return to prison at least once by the end of the fifth year after release.  Included in these numbers are people sent back to prison for a new crime or for violating the terms of their post-prison supervision....

Pew undertook this research to compile and make public the most current multistate data on recidivism trends. The BJS national report on state prison recidivism released in May 2018 presents nine years of data on people released from 30 states in 2005, but it includes no information on prisoners released since then.

To obtain more recent data, Pew researchers used publicly available administrative numbers that BJS collected from states for the National Corrections Reporting Program.  State prisoners are assigned unique identifiers, enabling researchers to track when they are released and whether they return to prison — except in cases in which a prisoner is released in one state and readmitted to prison in another.  Pew analyzed data from the 23 states that consistently reported prison admissions and releases every year from 2005 to 2015.  The cohorts ranged from 392,000 to 458,000 released prisoners....

Reducing recidivism improves public safety, reduces taxpayer spending on prisons, and helps formerly incarcerated people successfully resume family and community responsibilities.  But a lack of data has complicated efforts to understand the aggregate effects of myriad federal, state, and local efforts to reduce reoffending. This analysis shows that meaningful improvements in recidivism are occurring.

August 3, 2018 in National and State Crime Data, Prisons and prisoners, Reentry and community supervision | Permalink | Comments (1)

Thursday, August 02, 2018

"Capitalizing on Mass Incarceration: U.S. Growth in Private Prisons"

The title of this post is the title of this new report from The Sentencing Project. Here is part of its "Overview" and "Key Findings":

From 2000 to 2016 the number of people housed in private prisons increased five times faster than the total prison population. Over a similar timeframe, the proportion of people detained in private immigration facilities increased by 442 percent.

The federal government and 27 states utilized private prisons operated by for-profit and non-profit entities during 2016. New Mexico and Montana led the nation in their reliance on private prisons with 43 percent and 39 percent of their prison populations, respectively, housed within them (See Table 2).  Between 2000 and 2016, eight states – Arkansas, Kentucky, Maine, Michigan, Nevada, North Dakota, Utah and Wisconsin -- eliminated their use of private prisons due to concerns about safety and cost cutting.  In 2016, Louisiana changed the classification of its contracted beds and reported its private prison population as zero for the first time during this period.  Alternatively, five states -- Alabama, Connecticut, Pennsylvania, South Carolina and Vermont -- began contracting with private prisons between 2000 and 2016.

The federal government is the single largest user of private prisons in the United States but has reduced its population in private prisons in recent years.  However, in 2017 Attorney General Jeff Sessions withdrew an Obama-era directive to phase out private prison contracting because of concern for the federal correctional system’s ability “to meet future needs.”

This report provides a portrait of private prisons as a component of the American corrections landscape and assesses its impact on mass incarceration.  Among its most striking features is the broad variation found across jurisdictions in reliance on private prisons.  As outlined in the state case studies examining the history of prison privatization in Florida, New Mexico, New York, North Carolina and Texas (available in the appendix), those corrections systems most committed to the industry have faced controversy, including riots, deaths, and allegations of improper financial influence from for-profit prison companies....

KEY FINDINGS:

• Of the total U.S. prison population, one in 12 people (128,063) was incarcerated in private prisons in 2016; an increase of 47 percent since 2000.

• 26,249 people were also confined in privately-run immigration detention facilities in fiscal year 2017; a 442 percent increase since 2002.

• Federal prisons incarcerated the largest number of people in private prisons, 34,159, marking a 120 percent increase since 2000.

• The largest private prison corporations, Core Civic and GEO Group, collectively manage over half of the private prison contracts in the United States with combined revenues of $3.5 billion as of 2015.

• Companies often trim prison budgets by employing mostly non-union and lowskilled workers at lower salaries and offer limited benefits compared to staff at publicly run institutions.

• Cost savings claims associated with prison privatization are unfounded according to decades of research.

August 2, 2018 in Data on sentencing, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (1)

Wednesday, August 01, 2018

Prez Trump says he thinks "we’ll be able to" get the FIRST STEP Act passed into law

President Donald Trump had a White House meeting with inner-city pastors today, and the even made headlined because on pastor said, as reported here, that Prez Trump may go down as the "most pro-black president" in recent history. Rather than engage with that comment, I am eager to note some of Prez Trump's comments about prison reform at the event. This link provides a transcript, and here are statements by Prez Trump that caught my eye:

Our focus on opportunity for every citizen includes helping former prisoners.  These citizens reentering society have had a tough time.  We want them to get jobs so they don’t have to return to a life of crime and go back into the same prison where they just got out....

We passed the First Step Act through the House, and we’re working with the Senate to pass that into law.  And I think we’ll be able to do it. When we say “hire American,” we mean all Americans — every American, everybody.

And, you know, it’s something that should have been done a long time ago — prison reform....  But a lot of people are saying, “You mean it’s the Trump administration that’s doing this?”  You understand.  They don’t believe it.  But we’re really making a tremendous amount of progress, and it’s a beautiful thing to watch.

I am not prepared to praise the Trump Administration for "making a tremendous amount of progress" unless and until I see laws enacted and real reforms implemented. But as Prez Trump continues to talk the talk on prison reform, I want to remain hopeful that real action will follow.

August 1, 2018 in Criminal Sentences Alternatives, Prisons and prisoners, Who Sentences | Permalink | Comments (1)

"What Is Prison Abolition?"

The title of this post is the headline of this article in The Nation, which carries the subtitle "The movement that is trying to think beyond prisons as a tool to solve society’s problems." Here is an excerpt:

The prison-abolition movement is a loose collection of people and groups who, in many different ways, are calling for deep, structural reforms to how we handle and even think about crime in our country.  There are de facto figureheads (such as Angela Davis and Ruth Wilson Gilmore, the most famous contemporary abolitionists) and organizations (such as Critical Resistance, INCITE!, the Movement for Black Lives, the National Lawyers Guild, and Incarcerated Workers Organizing Committee — all of which, if not explicitly abolitionist, at least engage in abolitionist ethics), and there are converging or at least overlapping political ideologies (anarchist, socialist, libertarian), but there is no structured organizing group or coalition.  Masai Ehehosi, a co-founder of Critical Resistance and longtime member of the New Afrikan Independence Movement, pointed me to the overlap between organizations promoting civil rights and abolitionists: “We want freedom” can just as easily be applied to ending Jim Crow or the New Jim Crow, to unlocking iron shackles or swinging open prison doors.

The “movement” thus operates with affinity groups, with various organizations working in prisoner support, prisoner advocacy, political advocacy, or community education. “And when something big happens,” as Azzurra Crispino, prison labor activist and philosopher, explained to me, “we all show up as a coalition, and we don’t interfere” with each other’s work.

Abolitionists believe that incarceration, in any form, harms society more than it helps.  As Angela Davis argues, prisons are an obsolete institution because they exacerbate societal harms instead of fixing them.  “Are we willing to relegate ever larger numbers of people from racially oppressed communities to an isolated existence marked by authoritarian regimes, violence, disease, and technologies of seclusion that produce severe mental instability?” Davis has written.  Even if we were to greatly diminish the current prison population, even if we were to cut it in half but keep the prison complex intact, we would still be consigning millions of people to isolation and violenc e— and that’s a form of inhumanity that abolitionists can’t abide.  Moreover, Davis contends, mass imprisonment “reproduce[s] the very conditions that lead people to prison.”

August 1, 2018 in Criminal Sentences Alternatives, Prisons and prisoners, Purposes of Punishment and Sentencing, Who Sentences | Permalink | Comments (3)

Monday, July 30, 2018

A deep dive into various big and little juvenile life without parole stories

The Dublin Review has published this very lengthy discussion of juvenile life without parole sentences under the simple headline "A different season." The lengthy piece is authored by Andrew Purcell, and it cannot be readily summarized. Here is one snippet:

Many of Pennsylvania’s district attorneys have responded to the Supreme Court’s Montgomery decision by striking plea deals with the longest-serving prisoners. Others, in conservative counties, have not. By late September 2017, 173 of the state’s 517 juvenile lifers had been re-sentenced, and 77 paroled for time served. Most of the released prisoners are from Philadelphia, creating a small community of men with the shared experience of being locked up their entire adult lives, adapting to a world that has moved on without them. Courtney ‘Juan’ Boyd, recently released after serving thirty-six years, was calling John to ask about a re-sentencing hearing the previous night for a prisoner called Andre Martin.  At fifteen, Martin shot a police officer in the head from a window at the Wilson Park projects.  He had forty-one years in already, and the prosecution was seeking sixty to life, supported at the hearing by the dead cop’s family and a roomful of police officers.  Judge Barbara McDermott gave him forty-four to life. In three years, the opposing sides will meet again at an equally charged parole hearing, to argue about whether or not Martin should be released.

Each of the fifty states has responded differently to the Montgomery v Louisiana ruling, and there are also variations within states, as district attorneys interpret the concept of ‘permanent incorrigibility’. In Michigan, for instance, prosecutors initially sought new life-without-parole sentences for 236 of the 363 men and women serving mandatory life terms for crimes committed as minors, a clear deviation from the Supreme Court’s intent to reserve the punishment for ‘the rarest of juvenile offenders’. The Oakland County DA has asked for life without parole in forty-four of forty-nine cases; ‘These are young Hannibal Lecters,’ county sheriff Michael Bouchard told the press. In Missouri, teenage lifers are now eligible for parole once they have spent twenty-five years in prison, but of twenty-three who have applied, twenty have been denied. In Maryland, all 271 juvenile lifers are parole-eligible, but no such prisoner has been released in two decades.

All over the country, lawsuits are establishing whether and how Montgomery should affect discretionary sentences. ‘We think the Montgomery standard is impossible [for prosecutors] to beat, in that everyone is capable of rehabilitation given the proper support,’ said Brooke McCarthy of the Juvenile Law Centre. ‘To say that you can never fix someone in the future, no matter what, is such an incredibly difficult standard to reach. Some district attorneys have gotten clever … so rather than asking for life without parole they’re asking for fifty-, sixty-, seventy-five-year minimums.’

July 30, 2018 in Assessing Miller and its aftermath, Prisons and prisoners, Procedure and Proof at Sentencing, Sentences Reconsidered, Who Sentences | Permalink | Comments (2)