Tuesday, August 04, 2020

The newest (not-so-new) data from BJS on parole and probation populations throughout the United States

The Bureau of Justice Statistics just released this 40+-page report, titled "Probation and Parole in the United States, 2017-2018," providing its latest official data on offenders under community supervision throughout the nation.  Though already a bit dated, the report still provides a notable view on the largest group of persons subject to criminal justice control in the US.  Here are data from the "Highlights" section at the start of the report:

August 4, 2020 in Data on sentencing, Detailed sentencing data, Reentry and community supervision | Permalink | Comments (0)

Friday, July 31, 2020

Big new ACLU and HRW report details "How Probation and Parole Feed Mass Incarceration in the United States"

The quoted portion of the title of this post is part of the title of this huge new report by Human Rights Watch and the American Civil Liberties Union fully titled "Revoked: How Probation and Parole Feed Mass Incarceration in the United States." This important 200+ page report includes these passages in its "summary":

Probation, parole, and other forms of supervision are marketed as alternatives to incarceration in the United States. Supervision, it is claimed, will keep people out of prison and help them get back on their feet.

Throughout the past 50 years, the use of probation (a sentence often imposed just after conviction) and parole (served after incarceration) has soared alongside jail and prison populations. As of 2016, the last year for which supervision data is available, 2.2 million people were incarcerated in United States jails and prisons, but more than twice as many, 4.5 million people — or one in every 55 — were under supervision.  Supervision rates vary vastly by state, from one in every 168 people in New Hampshire, to one in every 18 in Georgia.

Over the past several decades,arbitrary and overly harsh supervision regimes have led people back into US jails and prisons — feeding mass incarceration.  According to the Bureau of Justice Statistics (BJS), in the late 1970s, 16 percent of US state and federal prison admissions stemmed from violations of parole and some types of probation.  This number climbed to a high of 36 percent in 2008, and, in 2018, the last year for which data is available, was 28 percent.  A different set of data for the previous year from the Council of State Governments, which includes all types of probation violations — but is limited to state prison populations — shows that 45 percent of all US state prison admissions stemmed from probation and parole violations.  These figures do not include people locked up for supervision violations in jails, for which there is little nationwide data.  Black and brown people are both disproportionately subjected to supervision and incarcerated for violations.

This report documents how and why supervision winds up landing many people in jail and prison — feeding mass incarceration rather than curtailing it.  The extent of the problem varies among states, and in recent years multiple jurisdictions have enacted reforms to limit incarceration for supervision violations.  This report focuses on three states where our initial research indicated that — despite some reforms — the issue remains particularly acute: Georgia, Pennsylvania, and Wisconsin.

Drawing on data provided by or obtained from these states, presented here for the first time, and interviews with 164 people incarcerated for supervision violations, family members, government officials, practitioners, advocates, and experts, we document the tripwires in these states leading to incarceration.  These include burdensome conditions imposed without providing resources; violations for minor slip-ups; lengthy incarceration while alleged violations are adjudicated; flawed procedures; and disproportionately harsh sentences for violations.  The report shows that, nationwide,most people locked up for supervision violations were not convicted of new offenses — rather, they were incarcerated for breaking the rules of their supervision, such as for using drugs or alcohol, failing to report address changes, or not following the rules of supervision-mandated programs.  Of those who were incarcerated for new offenses, in our focus states, many were for conduct like possessing drugs; public order offenses such as disorderly conduct or resisting arrest; misdemeanor assaultive conduct; or shoplifting....

The root causes of these violations, the report documents, are often a lack of resources and services, unmet health needs, and racial bias.The report also draws attention to marked racial disparities in who is subjected to supervision and how authorities enforce it. In practice, supervision in many parts of the US has become a system to control and warehouse people who are struggling with an array of economic and health-related challenges, without offering meaningful solutions to those underlying problems.

July 31, 2020 in Collateral consequences, Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Race, Class, and Gender, Reentry and community supervision, Who Sentences | Permalink | Comments (1)

"The Prisoner and the Polity"

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

All punishment comes to an end.  Most periods of imprisonment are term limited, and ninety-five percent of prisoners will eventually leave prison.  Though it is tempting to think of the “end” in concrete, factual terms — for example, as the moment when the prisoner is released — this concept also has normative dimensions.  Core to the notion of term-limited imprisonment is the “principle of return”: the idea that, when the prisoner has completed his or her time, that person is entitled to return to society.  Yet, for the principle of return to be meaningful, it must include the idea of a fair chance of reestablishing oneself in the community.  The “practices of incarceration” — including the prison environment and prison programs — are thus critically important because they can either facilitate or impede a prisoner’s reentry into society.  However, apart from the question of whether conditions of confinement are cruel and unusual as defined by the Eighth Amendment, these practices of incarceration have largely avoided scholarly scrutiny.

This Article uses the case study of higher education programs in prison to expose the interdependence between the practices of incarceration and the principle of return.  Drawing on original interviews with key stakeholders, it investigates how the features of higher education programs reflect and reinforce core beliefs about the goals of punishment and the state’s responsibility towards those it incarcerates.  The Article critically examines the dominant harm-prevention justification for prison higher education, and the desert-based objection to it, finding that both are inadequate for failing to take into account the principle of return.

This Article espouses an alternative approach that would recognize the ongoing relationship between prisoner and polity and devise incarceration practices accordingly.  Building on insights from communitarian theory, this approach, which foregrounds the prisoner’s status in the polity, uncovers pervasive “us-versus-them” narratives in the prison context. The first such narrative is between prisoners and those members of the polity who view prisoners, falsely, as having forfeited their claims to membership in civil society.  This view of prisoners, as members of a permanent and lower caste, is in direct conflict with the principle of return, which mandates that prisoners have at least a plausible hope of basic reintegration into society and that they avoid further harm — what might be termed “punishment-plus.”  The Article also scrutinizes a second, more localized “us-versus-them” narrative between prisoners and correctional officers, which arises from their similar backgrounds and the common deprivation experienced by members of both groups.

Finally, the Article recommends institutional design changes to mitigate “us-versus-them” dynamics: empowering stakeholders, for example, by affording correctional officers educational opportunities that would help professionalize their role and ease their resentment towards prisoners; and increasing exposure and empathy between incarcerated and non-incarcerated populations, such as by piloting a program that would employ recent college graduates to teach in prison.  These and other proposed reforms would refocus the conversation around imprisonment to account for the central role of incarceration practices in revitalizing the principle of return, as well as the inextricable connection between prisoner and polity.

July 31, 2020 in Prisons and prisoners, Purposes of Punishment and Sentencing, Reentry and community supervision | Permalink | Comments (1)

Tuesday, July 28, 2020

US Sentencing Commission publishes "Federal Probation and Supervised Release Violations"

Cover_violations-report-2020The US Sentencing Commission today released this lengthy notable new report titled simply "Federal Probation and Supervised Release Violations." This USSC webpage provides a summary and a extended account of "key findings":

Summary

Federal Probation and Supervised Release Violations presents data on approximately 108,000 violation hearings that occurred between 2013 and 2017.  The report examines the prevalence, types, and locations of federal supervision violations as well as the characteristics of more than 82,000 violators. The report also compares supervision violators to the population of federal offenders originally sentenced to probation or a sentence including a term of supervised release during the same time period. (Published July 28, 2020)

Key Findings
  • Nationally, the number of individuals under supervision was relatively stable during the study period, ranging from 130,224 to 136,156 during the five years. Half of the individuals under supervision, however, were concentrated in only 21 of the 94 federal judicial districts.
  • Nationally, the rate of violation hearings for individuals on supervision also was relatively stable, ranging from 16.2 to 18.4 percent during the five years, with an overall rate of 16.9 percent.  The prevalence of supervision violations, however, varied considerably among the federal judicial districts.
    • Violations accounted for more than one-third of individuals on supervision in the Southern District of California (42.1%), District of Minnesota (37.4%), Western District of Missouri (34.3%), District of Arizona (33.7%), and District of New Mexico (33.4%).  In contrast, violations accounted for less than five percent of individuals on supervision in the Districts of Connecticut (4.5%) and Maryland (4.7%).
  • Supervision violators tended to have committed more serious original offenses than federal offenders whose original sentence was probation or included a term of supervised release during the same time period.
    • For example, the rates of supervision violators originally sentenced for violent and firearms offenses (7.9% and 20.4%, respectively) were approximately twice as high compared to offenders originally sentenced during the study period (3.7% and 12.8%, respectively), a finding which is consistent with prior Commission recidivism research.
  • Drug offenses were the most common primary offense type for both supervision violators and federal offenders whose original sentence was probation or included a term of supervised release during the same time period.  There were, however, notable variations by drug type.
    • For example, crack cocaine offenders accounted for only 9.9 percent of drug offenders whose original sentence was probation or included a term of supervised release, but they accounted for almost one-third (32.1%) of supervision violators, a greater proportion than any other drug type.  The disproportional representation of crack cocaine offenders among supervision violators is consistent with prior Commission recidivism research.  On the other hand, drug offenders who received the safety valve at their original sentencing were underrepresented among supervision violators (19.1% compared to 30.7%), a finding that also is consistent with prior Commission recidivism research.
  • Supervision violators tended to have more serious criminal histories than federal offenders whose original sentence was probation or included a term of supervised release.
    • Approximately one-quarter (24.6%) of offenders with supervision violations were in the lowest Criminal History Category (CHC I) at the time of their original sentencing compared to almost half (44.9%) of offenders whose original sentence was probation or included a term of supervised release during the study period. On the other end of the spectrum, 18.3 percent of offenders with supervision violations were in the highest Criminal History Category (CHC VI) at the time of their original sentencing compared to 9.9 percent of offenders whose original sentence was probation or included a term of supervised release during the study period. This pattern is consistent with prior Commission recidivism research.
  • The majority of supervision violations were based on the commission of an offense punishable by a term of one year or less or a violation of another condition of supervision not constituting a federal, state or local offense (Grade C Violation).
    • More than half (54.9%) of violations were Grade C (the least serious classification), nearly one-third (31.5%) were Grade B, and 13.6 percent were Grade A (the most serious classification).
  • Offenders who were originally sentenced for more serious offenses tended to commit more serious supervision violations.
    • For example, over four-fifths of the Grade A violations were committed by offenders originally sentenced for drug offenses (52.0%), firearms offenses (24.5%), or violent offenses (6.3%).
  • Offenders who violated their conditions of supervision typically did so within the first two years.
    • On average, 22 months elapsed from the time supervision commenced to the commission of the supervision violation, but the elapsed time was notably longer for Grade A violations (the most serious) at 33 months.
  • The majority of supervision violators were sentenced in accordance with the Chapter Seven Revocation Table.
    • More than half (59.8%) were within the applicable range, just over one-quarter (29.1%) were below the range, and 11.1 percent were above the range. Courts tended to impose sentences within the applicable guideline range less often for more serious supervision violations. For example, for Grade A violations (the most serious classification), 39.4 percent were sentenced within the applicable range, and 54.2 percent were sentenced below the range. In contrast, for Grade C violations (the least serious classification), 63.6 percent were sentenced within the range, and 22.1 percent were sentenced below the range.

July 28, 2020 in Data on sentencing, Detailed sentencing data, Offender Characteristics, Offense Characteristics, Procedure and Proof at Sentencing, Reentry and community supervision, Sentences Reconsidered | Permalink | Comments (6)

Monday, June 15, 2020

"Paying on Probation: How Financial Sanctions Intersect with Probation to Target, Trap, and Punish People Who Cannot Pay"

The title of this post is the title of this lengthy new report released today by the Harvard Law School Criminal Justice Policy Program.  Here is the text of an email I received today concerning the release:

Today, CJPP releases its latest report entitled Paying on Probation: How Financial Sanctions Intersect with Probation to Target, Trap, and Punish People Who Cannot Pay.  In this report, we highlight how jurisdictions use probation to collect and enforce fines, fees, and restitution, and how linking these two systems together exacerbates the harms caused by each.  When payment of outstanding financial sanctions is made a condition of probation, failure to pay can result in being found in violation of probation and punished accordingly.

Through a 50 state survey and interviews with over 100 lawyers, judges, probation officers, and advocates, we explore how linking probation to financial sanctions leads to increased debt amounts, longer system involvement, and highly punitive responses to nonpayment.  On the basis of these and other findings, we call for a complete decoupling of probation and financial sanctions systems.

We release this report amidst a historic outcry for meaningful change in the wake of more senseless deaths at the hands of law enforcement.  As momentum on that front continues to build, we hope that this report can serve as a resource to advocates, lawmakers, and others who are thinking broadly about necessary and long overdue changes, including changes to other harmful aspects of our criminal legal system.

We’ve included a one-page summary of our findings, as well as the full report.  We hope this report can help you in your work.

Sharon Brett, Neda Khoshkhoo, and Mitali Nagrecha

June 15, 2020 in Criminal Sentences Alternatives, Fines, Restitution and Other Economic Sanctions, Reentry and community supervision | Permalink | Comments (0)

Wednesday, June 10, 2020

"Sentenced to Surveillance: Fourth Amendment Limits on Electronic Monitoring"

The title of this post is the title of this notable new paper authored by Kate Weisburd and recently posted to SSRN.  Here is its abstract:

As courts and legislatures increasingly recognize that “digital is different” and attempt to limit government surveillance of private data, one group is conspicuously excluded from this new privacy-protective discourse: the five million people in the United States on probation, parole, or other forms of community supervision.  This Article is the first to explore how warrantless electronic surveillance is dramatically transforming community supervision and,as a result, amplifying a growing privacy-protection disparity: those in the criminal legal system are increasingly losing privacy protections even while those not in the system are increasingly gaining privacy protections.  The quickly expanding use of GPS-equipped ankle monitors, as well as other forms of electronic searches, reflects unprecedented government surveillance that has yet to be regulated, scrutinized, or limited in any meaningful way.

This Article explores this phenomenon in its own right but also contends that the expanding disparity in privacy protections is explained by two underappreciated but significant shifts in Fourth Amendment jurisprudence.  First, on the theory that defendants “choose” surveillance in exchange for avoiding incarceration, courts increasingly invoke consent to justify otherwise unconstitutional surveillance of people on community supervision.  While the debate over criminal justice bargaining is not new, the expanded reliance on consent in this context reveals blind spots in the existing debate.  Second, courts also increasingly accept government arguments in favor of otherwise unconstitutional electronic monitoring under a general “reasonableness” standard, as opposed to the traditional “special needs” doctrine.  This insidious shift toward “reasonableness” threatens to jeopardize the precise interests the Fourth Amendment was designed to protect.  But even under a reasonableness standard, electronic surveillance of people on community supervision should be more circumscribed.  Ultimately, this Article reveals how the significance of these two shifts extends beyond electronic surveillance and represents a new frontier of sanctioning warrantless searches without any level of suspicion or exception to the warrant requirement.

June 10, 2020 in Criminal Sentences Alternatives, Prisons and prisoners, Procedure and Proof at Sentencing, Reentry and community supervision, Technocorrections, Who Sentences | Permalink | Comments (0)

Tuesday, June 09, 2020

Big new Heritage report takes stock of DOJ's risk and needs assessment system resulting from FIRST STEP Act

The Heritage Foundation has this week released this new 30-page report authored by Charles Stimson that takes a close look at the risk and needs assessment system created by the Justice Department as required by the FIRST STEP Act.  The title of the report captures its basic theme: "The First Step Act’s Risk and Needs Assessment Program: A Work in Progress."  Here is a summary from this Heritage webpage:

The First Step Act is a significant achievement. It was a rare moment in time when a bipartisan congressional delegation and an Administration supported meaningful and comprehensive criminal justice reform. Stakeholders from across the ideological spectrum came together to get behind much-needed legislation. A key pillar to that reform ultimately succeeding is the creation and implementation of a 21st-century risk and needs assessment system. To date, the Department of Justice has risen to part of the challenge by publishing PATTERN, its risk assessment tool. No doubt, PATTERN will continue to be refined, as any modern risk assessment program is only as good as the latest science and research.

And here is the conclusion of the full report:

The First Step Act is a significant achievement.  It was a rare moment in time when a bipartisan congressional delegation and an Administration supported meaningful and comprehensive criminal justice reform.  Stakeholders from across the ideological spectrum came together to get behind much-needed legislation.

A key pillar to that reform ultimately succeeding is the creation and implementation of a 21st-century risk and needs assessment system.  To date, the DOJ has risen to part of the challenge by publishing PATTERN, its risk-assessment tool.  In short order, it refined PATTERN after taking into consideration a wide variety of viewpoints.  No doubt, PATTERN will continue to be refined, as any modern risk-assessment program is only as good as the latest science and research.

With respect to developing a new and improved needs-assessment program under PATTERN, the DOJ has so far fallen short, but has acknowledged an ambitious time frame in which to publish that program.

As PATTERN matures, and more data becomes available, we will be able to ascertain how accurate PATTERN is in predicting recidivism and whether, in its application, it proves to be both race and gender neutral and an effective tool.  The DOJ should continue to be prudent in studying the data as it accrues and considering a wide variety of feedback on PATTERN, and should base future decisions based on fact and the best science available, not political considerations or outcome-based desires.

June 9, 2020 in FIRST STEP Act and its implementation, Prisons and prisoners, Reentry and community supervision, Who Sentences | Permalink | Comments (0)

Wednesday, June 03, 2020

"Retributive Expungement"

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

Expungement relief was introduced in the mid-twentieth century to reward and incentivize rehabilitation for arrestees and ex-offenders and to protect their privacy.  Recently, many states have broadened their expungement remedies, and those remedies remain useful given the negative effects of public criminal records on reentry.  But recent scholarship has suggested an “uptake gap,” meaning many who are eligible never obtain relief.  Despite broadening eligibility, petitioners face substantial obstacles to filing, pre-hearing hurdles, waiting periods, and difficult standards of review without the assistance of counsel.  And even when expungement is granted, the recipients are basically left on their own to guarantee the efficacy of the remedy.  Some of these attributes of expungement were originally conceived as features, designed to ensure only the most rehabilitated received relief, allowing the state to continue to pursue public safety objectives with public criminal records.  But the cold reality of expungement procedure leaves many petitioners facing insurmountable obstacles that amplify the effects of the punishment originally imposed.

In exploring this reality, this Article illustrates that expungement procedure is stuck in a rehabilitative and privacy-centric paradigm.  While this framework inspired the creation of expungement remedies and recent reforms, it also has justified onerous procedural obstacles and the placing of the burden of persuasion on the petitioner rather than the state.  Outside of automated expungement, which is still relatively rare and restricted to only certain types of petitions, most expungement regimes in substance or through procedure invert what should be the state’s burden to justify retention of criminal records that enable extra punishment by state and private actors.  An alternative theoretical basis for expungement is necessary to convince policymakers and decision-makers of the need for broader substantive and procedural reform.

This Article suggests a different paradigm: retributive based expungement.  It proposes that incorporating retributive constraints that already underlie the criminal system can benefit petitioners.  Plenty of arrestees do not deserve stigma and ex-offenders have done their time, meaning punitive stigma from public criminal records can amount to unwarranted punishment.  A retributive-minded expungement procedure would all but guarantee expungement in the case of arrests, where the desert basis is questionable, and would place the burden of proof on the state for convictions once desert has been satisfied.  As such, this approach can supplement the case for broader eligibility, automated expungement, and favorable pre-hearing procedures that limit the uptake gap.  It also has legal and political viability given that many states already maintain retributivist constraints on sentencing and given that huge swaths of the public perceive desert as a crucial component of any criminal justice issue.  In fact, some states are already moving in this direction and can serve as a model for the rest of the country.  In short, retributivist constraints can trim procedural overgrowth to supplement substantive reforms that already recognize the disproportionate effects of a public criminal record.

June 3, 2020 in Collateral consequences, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Reentry and community supervision | Permalink | Comments (0)

Saturday, May 23, 2020

"Boxed Into a Corner: The Fight to Ban Employers from Boxing out Deserving Job Applicants on the Basis of Criminal Record"

The title of this post is the title of this new paper recently posted to SSRN and authored by Mariah L. Daly, a recent graduate The Ohio State University Moritz College of Law.  This paper is part of a student paper series supported by the Drug Enforcement and Policy Center.  Most of the papers in this series have come from the marijuana seminar I teach, and I blog about these papers in posts like this over at my Marijuana Law, Policy & Reform blog.  But this paper emerged from my sentencing class last fall, and the topic remains so timely and important.  Here is this paper's abstract:

Between 70 and 100 million adults have a criminal record of some kind that are revealed by criminal background checks.  One of the most severe and pervasive collateral consequences is difficulty securing gainful employment.  Ban-the-Box reform is crucial as a starting point for fair chance hiring, especially in the age of rapidly developing technology and the largely unfettered ability to get information.  The availability of criminal records has functioned less as a “public safety” precaution and more like a scarlet letter branded on the chest of millions Americans.  Demanding unnecessary disclose of criminal records before a conditional job offer hinders reintegration, increases recidivism, jeopardizes public safety, sabotages the economy, affronts human dignity, and causes devastating harm to society overall.

This paper argues that Ban-the-Box laws should be expanded and made uniform across jurisdictions to help prevent against unjust discrimination based on criminal record.  The vast differences in the levels of protection provided across Ban-the-Box jurisdictions and their shortcomings are analyzed and model Ban-the-Box legislation that incorporates concepts from the most protective existing laws is proposed.

May 23, 2020 in Collateral consequences, Reentry and community supervision, Who Sentences | Permalink | Comments (2)

Tuesday, May 12, 2020

"Helping People Transition from Incarceration to Society During a Pandemic"

The title of this post is the title of this notable new report authored by Sterling Johnson and Leo Beletsky.  Here is part of its executive summary:

In the best of times, the reentry process is extraordinarily difficult and emotionally taxing.  Returning people are rarely truly free, as they typically must navigate a long list of onerous rules.  This may include electronic monitoring, housing restrictions, and curfews.  They must also struggle against the sanctioned stigma of a criminal record, restricting education, employment, and housing opportunities.  Since healthcare, substance use treatment, and other support services are utterly lacking behind bars, reentry is a time of extreme physical and mental health risk.  This includes the odds of fatal overdose, which is up to 130 times more likely for those in the first two weeks post-release than in the general population.

But these are not normal times.  The coronavirus pandemic is drastically compounding the challenges of reentry.  With the economy in freefall, some requirements of supervised release — like obtaining housing and employment — are virtually unattainable.  People reentering society are facing increased risk of homelessness, as halfway housing is unavailable and their own families may be reluctant to take them in if they come from facilities with COVID-19 infections.  Increased reliance on communication over the phone and the web for health and other services make the digital divide among returning people literally a matter of life and death.

The bottom line is that systems designed to assist reentry — crude and insufficient as they were — are no match for these times.  Prisons and jails must release more people to reduce the risk of infection behind bars, but this effort must be coupled with major scale-up in reentry services.

While policymakers are ignoring the needs of reentering people, polling suggests that the public overwhelmingly supports additional measures, including:

  • 60% of all respondents, including 50% of those identifying as Republican, support supplying smart phones and phone plans for people reentering society.
  • 66% of respondents, including 61% of those identifying as Republican, support a program that would help those reentering society obtain work, training and/ or education to ensure they are able to provide for themselves.
  • 53% of respondents support providing hotel rooms to allow individuals to self-isolate upon release if they have been exposed to coronavirus behind bars.
  • 56% of respondents — including 51% who identify as Republican — agree that returning citizens should be provided 12 months of stable housing.
  • 52% of respondents support the temporary repeal of criminal record bans for healthcare profession licensing for people otherwise qualified and not a risk.

As COVID-19 is devastating correctional institutions and their surrounding communities, decarceration measures are finally gathering momentum.  Efforts to decarcerate must always include increased support for people through the reentry process.  In the age of COVID-19, the health and human rights imperative for safe reentry has never been more urgent.

May 12, 2020 in Reentry and community supervision | Permalink | Comments (1)

Thursday, April 30, 2020

"Resentencing of Juvenile Lifers: The Philadelphia Experience"

The title of this post is the title of this notable new report authored by Tarika Daftary-Kapur and Tina Zottoli.  Here is its executive summary and key findings:

EXECUTIVE SUMMARY

We examined the Philadelphia District Attorney Office’s approach to juvenile lifer resentencing, which began in 2017 under the administration of District Attorney Seth Williams and has continued under the administration of District Attorney Larry Krasner.  For cases resentenced as of December 31st, 2019, we describe similarities and differences between the Williams and Krasner administrations in decision making and sentence length reductions, and we report on the recidivism rate and estimated cost savings for Pennsylvania as a result of release.

In June 2012, the Supreme Court of the United States (SCOTUS) ruled in Miller v. Alabama that mandatory life without-parole (LWOP) sentences were unconstitutional for individuals who were under the age of 18 at the time of their offense (hereafter, juveniles).  In January 2016, SCOTUS, ruled in Montgomery v. Louisiana that Miller applied retroactively.  Following Montgomery, individuals previously sentenced to mandatory LWOP as juveniles (hereafter, juvenile lifers) became eligible for resentencing.  Accordingly, in almost all such cases, the district attorney’s office makes an offer for a new sentence to the defendant, who is free to accept the offer or to have his new sentence decided by the judge.

At the time Miller was decided, Philadelphia had the largest number of juveniles sentenced to LWOP in the country (approximately 325).  Yet, they have been at the forefront of the resentencing process nationally, and at the time of this writing have only 10 juvenile-lifers left to re-sentence; the main reasons for delay being an open Post Conviction Relief Act petition or a pending appeal.

In Philadelphia, re-sentence offers are decided by The Juvenile Lifer Resentencing Committee ("The Lifer Committee"), which comprises 8 members of the executive staff at the District Attorney's Office.  The Lifer Committee’s decisions are based primarily on the consideration of case-summary memos prepared for the Committee by the Assistant District Attorney leading the resentencing process. Memos include information on the facts of the original case, demographic information on the victim and offender, mitigating information, the offenders’ prison adjustment (e.g.misconducts,rehabilitative programming), information on acceptance of responsibility and remorse, the victim’s family’s perspective on release, and reentry plans.

In January 2018, as the resentencing process was underway, Larry Krasner was sworn in as the District Attorney of Philadelphia after having run on a reform platform, ushering in dramatic change to the culture and policies of the District Attorney’s Office.  This change in administrations, during a crucial resentencing project, provided us with a unique opportunity to examine how the priorities and policies of the new administration have affected prosecutorial decision making.  Moreover, in light of the growing recognition that addressing the incarceration epidemic will necessitate re-evaluation of long-term prison sentences for individuals who were convicted of violent offenses, these outcome data have implications far beyond just those that pertain to the resentencing and release of juvenile lifers....

KEY FINDINGS

  • Pennsylvania has resentenced 88% of its juvenile lifers as compared to Michigan (52%) and Louisiana (approx. 15-22%); the three states in combination account for 2/3rd of all juvenile lifers in the United States.

  • Juvenile lifers can be considered low-impact releases in terms of risk posed to public safety.  At the time of our analyses, 269 lifers have been re-sentenced in Philadelphia and 174 have been released.  Six (3.5%) have been re-arrested.  Charges were dropped in four of the cases and two (1%) resulted in new convictions (one for Contempt and the other for Robbery in the Third Degree).  In comparison, nationally, an estimated 30% of individuals convicted of homicide offenses are rearrested within two years of release.

  • A subset of 38 cases were considered for resentencing by both the prior and current administrations.  The average sentence offered in these cases by the prior administration was 38.8 years; under Krasner, the average offer in these cases was 27.6 years.  Across all cases, this difference equates to an additional reduction of 394 years.

  • Overall, release of Philadelphia's juvenile lifers, to date, will result in an estimated minimum $9.5M savings in correctional costs for Pennsylvania over the first decade.

  • For both the Williams and Krasner administrations, Lifer Committee offers were explained by years in custody at time of resentencing, charge severity, whether the defendant was the primary actor, and whether a re-entry plan is in place.  There were some differences. While both administrations considered the maturity of the offender, the Williams administration relied on defendant age at the time of the offense and the level of planning, whereas the Krasner administration relied on a more holistic evaluation of the juvenile nature of the crime (e.g., involvement of an adult co-defendant, presence of peers, context in which the murder was committed).  Prior convictions also weighed more heavily under Krasner than the prior administration.

April 30, 2020 in Assessing Miller and its aftermath, Data on sentencing, Offender Characteristics, Reentry and community supervision, Sentences Reconsidered | Permalink | Comments (5)

Tuesday, April 28, 2020

"Policy Reforms Can Strengthen Community Supervision: A framework to improve probation and parole"

Figure1_650The title of this post is the title of this lengthy new report produced by The Pew Charitable Trusts Public Safety Performance Project. Here are excerpts from the report's "Overview":

Since 1980, the nation’s community supervision population has ballooned by almost 240 percent. As of 2016, 1 in 55 U.S. adults (nearly 4.5 million people) are on probation or parole, more than twice the number incarcerated in state and federal prisons and local jails. Historically, probation and parole were intended to provide a less punitive, more constructive alternative to incarceration, but a growing body of evidence suggests that a frequent emphasis on surveillance and monitoring of people under supervision rather than on promoting their success, along with the resource demands of ever-larger caseloads, has transformed community supervision into a primary driver of incarceration. This shift has produced an array of troubling consequences, not only for individuals on probation and parole but for taxpayers and communities as well.

In recent years, a growing body of evidence on what works in community supervision has revealed a set of key challenges that undermine the system’s effectiveness and merit attention from policymakers:

• Community supervision is a leading driver of incarceration....

• Excessive rules can present barriers to successful completion of supervision....

• Agencies often inappropriately supervise low-risk individuals....

• Overextended supervision officers have less time to devote to high-risk, high-need individuals....

• Many people with substance use or mental health disorders do not receive treatment.... 

To address these problems, some supervision agencies have begun to embrace evidence-based practices that have been shown to improve outcomes and reduce recidivism. These include the use of research-based assessment tools to identify an individual’s level of risk for reoffending, graduated sanctions, such as increased reporting or short-term incarceration, to respond to violations of supervision rules, and incentives to encourage rule compliance.  As a result of these and other policy changes, 37 states have experienced simultaneous reductions in crime and community supervision rates.

Although those results are encouraging, states and agencies need time to analyze their systems and enact reforms on a much larger scale to ensure that probation and parole function more effectively.  To help states meet this challenge, The Pew Charitable Trusts, in partnership with Arnold Ventures, established the Advisory Council on Community Supervision to develop a policy framework for state lawmakers, court officers, and community corrections personnel. The council featured a diverse group of representatives from probation and parole agencies, the courts, law enforcement, affected communities, the behavioral health field, and academia. Drawing on its members’ extensive experience and knowledge, the council agreed on three broad goals for the next generation of community supervision: better outcomes for people on supervision, their families, and communities; a smaller system with fewer people on supervision; and less use of incarceration as a sanction for supervision violations, particularly breaches of the rules.

With those goals in mind, the council developed a menu of policies that state decision-makers and supervision administrators can use to reshape community supervision. Arnold Ventures supported the Robina Institute of Criminal Law and Criminal Justice at the University of Minnesota to examine the research underlying the policies and practices identified by the council, and where such an evidence base exists, it is summarized and cited in this framework. The recommendations are arranged according to seven broad objectives:

• Enact alternatives to arrest, incarceration, and supervision....

• Implement evidence-based policies centered on risks and needs....

• Adopt shorter supervision sentences and focus on goals and incentives....

• Establish effective and appropriate supervision conditions....

• Develop individualized conditions for payment of legal financial obligations....

• Reduce use of and pathways to incarceration.... 

• Support community supervision agencies.... 

April 28, 2020 in Collateral consequences, Criminal Sentences Alternatives, Prisons and prisoners, Procedure and Proof at Sentencing, Reentry and community supervision, Scope of Imprisonment | Permalink | Comments (0)

Wednesday, April 22, 2020

"COVID-19 Model Finds Nearly 100,000 More Deaths Than Current Estimates, Due to Failures to Reduce Jails"

The title of this post is the title of this new ACLU report, and here are some excerpts from the first few pages of the intricate 12-page document:

Models projecting total U.S. fatalities to be under 100,000 may be underestimating deaths by almost another 100,000 if we continue to operate jails as usual, based on a new epidemiological study completed in partnership between academic researchers and ACLU Analytics.  That is, deaths could be double the current projections due to the omission of jails from most public models.  Numbers used by the Trump administration largely fail to consider several factors that will explosively increase the loss of life unless drastic reforms are adopted to reduce the nation’s jail populations....

As a result of the constant movement between jails and the broader community, our jails will act as vectors for the COVID-19 pandemic in our communities.  They will become veritable volcanoes for the spread of the virus.  The spread of COVID-19 from jails into the broader community will occur along two vectors that are ignored in typical models:

1. Churn of the jail population — individuals are arrested, sent to jail, potentially exposed to COVID-19, released on their own recognizance, post bail, or are adjudicated not guilty and are subsequently released. Upon release, the virus will spread through their families and communities unless the individual is quarantined.

2. Jail staff — staff come to work each day and are exposed to COVID-19, then return home and infect their families and communities.  This vector applies to jails, prisons, and detention centers.  There are ~420,000 people who work in jails and prisons in the U.S.

Unfortunately, the radical approaches adopted in broader society to reduce other high-density transmission hubs — the closure of schools, the closure of non-essential businesses, and the enactment of stay-at-home orders — have not been emulated with regard to our jails.  Some states have begun to see a reduction in their jail populations, such as Colorado, where there has been a 31 percent reduction, potentially saving ~1,100 lives (25% of projected deaths in the state).  However, all states need to do more, and most states have failed to take any steps to stem the impact of the COVID-19 pandemic in jails and the broader community.

April 22, 2020 in Impact of the coronavirus on criminal justice, Prisons and prisoners, Reentry and community supervision, Scope of Imprisonment | Permalink | Comments (0)

Sunday, April 19, 2020

Advocates pushing back on SBA disqualifying people with any record from business relief

Last week in this post, I noted the effective coverage by Collateral Consequences Resource Center of the U.S. Small Business Administration disqualifying people for small business loans based on any past criminal record during the COVID-19 pandemic.   Now CCRC has this new post, "Bipartisan coalition calls on SBA to roll back record-related restrictions in COVID-19 small business loan programs," and it starts this way:

On April 17 a diverse bipartisan group of civil rights, advocacy, and business organizations, including CCRC, sent a letter to Treasury Secretary Mnuchin and SBA Administrator Carranza expressing concern over the restrictions imposed by the SBA on people with a record of arrest or conviction under two programs recently authorized by Congress in response to the COVID-19 crisis.  The letter points out that these unwarranted restrictions on loan programs intended to aid small businesses and non-profits will have a significant and detrimental impact in communities across the country, and a particularly harsh effect on minority business owners and employees who are disproportionately affected by the criminal legal system as a result of institutional discrimination.  It urges that federal relief be made equitably accessible to all who need it.

The letter, which is available here, includes an appendix detailing how the new rules and policies governing the Payroll Protection Program are more restrictive than those which normally are applied by the SBA.

Prior related post:

April 19, 2020 in Collateral consequences, Impact of the coronavirus on criminal justice, Reentry and community supervision, Who Sentences | Permalink | Comments (1)

Thursday, April 16, 2020

"Recommendations for Rapid Release and Reentry During the COVID-19 Pandemic"

The title of this post is the title of this short new report from NYU's Marron Institute of Urban Management focused on early releases and community supervision. Here is how it gets started:

People who live and work in jails, prisons, and detention facilities are at elevated risk for SARSCoV-2 infection, due to close living environments and the high prevalence of pre-existing health conditions.  Agencies will be forced, through executive direction, litigation, or necessity (due to rising infections, lack of staff, or medical capacity) to release people in their custody early and to fast-track their usual reentry processes and services.  Jails and prisons are beginning to release people.  They will need to release many thousands more, or many may die.

The Litmus program at the NYU Marron Institute was working on early release from prison prior to COVID-19.  In December 2019, the team completed a three-year pilot project (called Graduated Reintegration) that entailed releasing prisoners six months prior to their earned-release date, paired with substantial community supports, in collaboration with the Illinois Department of Corrections.  A great deal was learned about early release from prison from this work, including the mechanisms that can allow early release and the challenges reentrants face.  Many states will need to consider early release to reduce the density of their prison populations to lower the risk of COVID-19 spread, which makes the NYU Marron team’s experience of doing this in practice highly relevant.

Since early March 2020, Litmus has been working with justice agencies nationwide to learn how corrections (jails and prisons) and community corrections (probation and parole) are responding to COVID-19.  Over a four-week period, the team hosted five protocol-sharing sessions (including over 100 criminal justice system practitioners, from over twenty states).  These sessions have yielded early insights into what agencies are doing (and not doing!) to curb the spread among these vulnerable groups—justice-involved people and public-safety officers, court officers, and mental health/drug treatment providers.

Prisoners who are released will face unprecedented challenges presented by COVID-19, including obtaining necessities such as food and shelter, accessing healthcare and behavioral healthcare, and entering a job market with historically high unemployment.  Scattershot approaches to releasing prisoners, without substantial accompanying supports, will diminish prospects for succeeding in the community and may undermine future criminal justice reform efforts.

The assumptions and recommendations outlined below draw on the lessons we learned from our early-release pilot in Illinois and from practitioners who have attended our protocol-sharing sessions.  They provide guidance to agencies supporting rapid release from incarceration and community reentry in response to COVID-19 and, in the foreseeable future, facing budget shortfall.

April 16, 2020 in Impact of the coronavirus on criminal justice, Prisons and prisoners, Reentry and community supervision, Who Sentences | Permalink | Comments (0)

Sunday, April 12, 2020

Great coverage of the awful work of SBA disqualifying people with any record from CARES small business loans

The Collateral Consequences Resource Center is doing its usual bang-up job covering the misguided new business problems for people who are burdened with any kind of criminal record.  The context these days, of course, is COVID-related, and here is how the CCRC explains the issue in a recent post:

In the past two weeks we have written at length about the U.S. Small Business Administration (SBA)’s “bumpy guidance on criminal history requirements” for small business financial relief during the COVID-19 pandemic (see also “Applying for an SBA loan with a criminal record“)....  Before the pandemic, the SBA didn’t automatically disqualify people for small business loans based on a past criminal record, and we can’t understand why it would suddenly decide to do so now, when small businesses across the country are struggling to stay afloat.   (Preexisting policy, described here, disqualifies a business if it has a principal who is incarcerated, is under supervision, is facing charges, or lacks “good character.”)  The new SBA policy — which automatically disqualifies even certain people who have completed a diversionary program and were never convicted — seems entirely at odds with the wave of recent state and federal law reforms aimed at encouraging reintegration.

Here is all of CCRC's recent posting on this topic:

April 12, 2020 in Collateral consequences, Reentry and community supervision, Who Sentences | Permalink | Comments (1)

Tuesday, March 31, 2020

"Returning Citizens Should Get Checks Too"

The title of this post is the title of this recent commentary by Jennifer Doleac, which gets started this way (with links from the original):

Concerns over the rapid spread of coronavirus in jails and prisons have led to calls for inmates’ early release in order to reduce the spread of the virus.  As a result, jail and prison populations are falling dramatically.  There is good reason to release people who aren’t an immediate public safety threat — we are living through an unprecedented health crisis, and saving lives should be our top priority.  However, the rapid release of people from jail and prison, into an economy with skyrocketing unemployment, may set them up for failure.

Releasing people from prison at a time when jobs are scarce increases the likelihood that they will commit another crime and be locked up again.  This is partly because they themselves are unable to find a job, and partly because their friends and family are out of work and less able to provide crucial support.  Our rush to get people out of jails and prisons to protect their health may unintentionally make it harder for them to build stable lives and avoid criminal activity. For the sake of these individuals and their communities, we should move quickly to make sure they have the support they’ll need in the weeks and months ahead.

What should we do?  Send them checks!

People often think that jobs are the key to reducing crime, but recent research suggests that money matters more than employment itself.  Why?  Most directly, giving people money reduces the need to commit financially-motivated crimes, such as theft or robbery.  It also gives people the means to stay away from friends or family who are negative influences or might draw them back into old behaviors.  Extra disposable income also helps people access programs that put them on a permanently-better track — for instance, education or health care — and reduces financial stress that can hamper decision-making.  In practice, the structure that comes with a job doesn’t seem as important as the money that jobs provide.

It’s not obvious that giving people money will always reduce crime: If recipients spend that money on drugs or alcohol, the net effect could be negative.  But several studies show that, on average, more money equals less crime.

March 31, 2020 in Impact of the coronavirus on criminal justice, Reentry and community supervision | Permalink | Comments (0)

Friday, March 27, 2020

Guest post/question: "Will home confinement become a more (or less) attractive alternative to incarceration?"

6a00d83451574769e201b7c9134b4d970b-320wiA thoughtful and insightful colleague wrote to me this morning to pose the question in the title of this post.  I asked for a fuller write up of the query for posting, and here it is:

Section 5F1.2 of the federal sentencing guidelines defines “home detention” this way —

"Home detention” means a program of confinement and supervision that restricts the defendant to his place of residence continuously, except for authorized absences, enforced by appropriate means of surveillance by the probation office.  When an order of home detention is imposed, the defendant is required to be in his place of residence at all times except for approved absences for gainful employment, community service, religious services, medical care, educational or training programs, and such other times as may be specifically authorized.  Electronic monitoring is an appropriate means of surveillance for home detention. However, alternative means of surveillance may be used if appropriate.

For most of us, the last two weeks have genuinely been a period of home detention.  For me, I’ve been supervised in my confinement not by a probation officer, but my wife and daughters, who, should I venture out too far or too long, are quick to send me an electronic message to return home.  [I think this meets the term “alternative means of surveillance” as used in 5F1.2.]  And of course, I am not approved for absences for gainful employment (telework), religious services (cancelled), or educational or training programs (Zoom).

Later today, the House of Representatives will pass legislation that will expand the use of home confinement for federal prisoners to address the current COVID crisis, and Attorney General Barr has already issued a directive to the Bureau of Prisons to expand its use (see earlier posts here and here).  Many of us for years have advocated for the expanded use of home confinement and electronic monitoring as alternatives to imprisonment and to reduce the nation’s reliance on imprisonment for punishing convicted offenders.  I’m not sure, though, now that we all have experienced home confinement, whether it will be a more — or less— attractive alternative to incarceration.

Doug — What do you think?   

Readers — What do you think?

My first-cut answer to this great question is an answer I have been trotting out a lot these days: "Who the heck knows, but I am eager to find out."

I am certain many people are not enjoying their personal "home confinement," and will be finding it more and more burdensome in the weeks to come.  But I also know that personal "home confinement" still likely would be, and surely should be, seen as much less burdensome than actually being incarcerated. (A recent Marshall Project speaks to this reality: "No, Your Coronavirus Quarantine Is Not Just Like Being in Prison.")   I fear that many persons may be inclined to say, after the pandemic resolves, some version of "Criminals should always face a harder experience than I did during COVID."

That all said, so much of the reality of criminal justice administration can be shaped by economics, especially at the state level where incarceration costs take up a much larger percentage of overall state budgets.  Home confinement surely will always be much cheaper than imprisonment, and finding cheaper punishments may become extremely important (for states in particular) if we are facing a long recession that makes limited state resources even more scarce. 

Last but certainly not least, if some states moved a significant number of current prisoners into home confinement while others do not, we will be starting an interesting and important "natural experiment" on the efficacy of home confinement relative to imprisonment.  Though this "natural experiment" will not be able to give us conclusive data on whether home confinement serves public safety as well as imprisonment, advocacy for decarceration are likely to highlight this experience if we do not see a huge spike in crime in those states that have decarcerated more.

March 27, 2020 in Criminal Sentences Alternatives, Impact of the coronavirus on criminal justice, Prisons and prisoners, Reentry and community supervision | Permalink | Comments (3)

Thursday, March 26, 2020

FAMM urges AG Barr to use new pending CARES Act provision to move federal prisoners into home confinement

I have not yet seen the exact language of the provision in the sure-to-pass federal CARES Act that expands the authority of the Justice Department and the Bureau of Prisons to move more persons from federal prison into home confinement.  But I have seen this new press release from FAMM, which starts this way:  

FAMM President Kevin Ring sent a letter today urging U.S. Attorney William Barr to immediately use his authority to release eligible people to home confinement as soon as the CARES Act becomes law.  The CARES Act, which was passed by the Senate last night and is expected to be approved by the House and signed by the president, permits the Director of the Federal Bureau of Prisons to lengthen the maximum amount of time that a prisoner may be placed in home confinement, if the U.S. Attorney General finds that emergency conditions will materially affect the functioning of the BOP.

“In order to prevent unnecessary deaths and suffering, the BOP needs to get as many people out of prison as it safely can and get them to home confinement immediately,” Ring said.  “Congress is giving the attorney general the authority to make that happen.  We urge the attorney general to act the moment this bill is signed into law.  Lives are at stake.”

Ring said the use of home confinement would also ease the burden on halfway houses, in which movement has been restricted, employment opportunities have been halted, and people are confined in tight quarters.  As with people in prison, halfway house residents cannot comply with CDC guidance regarding social distancing and good hygiene.

March 26, 2020 in Criminal justice in the Trump Administration, Criminal Sentences Alternatives, Impact of the coronavirus on criminal justice, Prisons and prisoners, Reentry and community supervision, Who Sentences | Permalink | Comments (1)

Tuesday, March 03, 2020

"Going Back to Jail When You Haven’t Committed a Crime: Early Findings From a Multi-State Trial"

The title of this post is the title of this new report from the Institute for Justice Research and Development (IJRD) prepared by Carrie Pettus-Davis and Stephanie Kennedy. This report is part of a series of quarterly reports designed to provide real-time results of a multistate study on prisoner reentry currently being conducted in over 100 correctional facilities and 21 urban and rural counties in 7 states.  The full report itself is a reader-friendly 17 pages, and there is also this one-pager with key takeaways.  Here are excerpts from the one-pager:

Although the general public often thinks about recidivism as individuals leaving incarceration and committing new crimes, technical violations contribute to the strikingly high rates of recidivism reported for individuals released from prisons and jails across the United States....

• Research suggests that 45% of the more than 600,000 annual state prison admissions across the nation are due to probation or parole revocations.

• While probation or parole can be revoked for committing new crimes, 26% of new prison admissions are due solely to technical violations. Unpaid fines and fees also contribute to technical violations and may lead individuals back to incarceration.

• Our goal was to explore the circumstance of re-arrest among our study participants.  At this early point in the study, data are incomplete or unavailable.

• This report examines the reasons for re-arrest provided by study participants as these data were the most complete.  They describe a range of technical violations for expected events — missing check-ins with supervising officers and violating curfew — and unexpected events – being arrested, having one’s charges dropped, and returning to jail for coming into contact with law enforcement. Though not the focus of this report, other common technical violations were related to substance use, carrying guns, and reengagement in crime. We will have more complete data on these rates in the future.

• The 35 individuals highlighted in this report were re-arrested for non-drug related, non-criminal technical violations.

• We ask stakeholders to consider whether current policy and practices are meeting the stated purpose and goals of conditional release.  Are the non-criminal behaviors described in this report reason enough to send someone to jail?  Is it worth the financial costs and associated social costs?

March 3, 2020 in Collateral consequences, Offender Characteristics, Offense Characteristics, Procedure and Proof at Sentencing, Reentry and community supervision | Permalink | Comments (0)

Thursday, February 20, 2020

"From Decarceration to E-Carceration"

I am sorry to have missed this article by Chaz Arnett with the title used for the title of this post when it was first posted to SSRN some months ago, but I am glad to have seen it as recently revised. Here is its abstract:

Each year, millions of Americans experience criminal justice surveillance through electronic ankle monitors. These devices have fundamentally altered our understanding of incarceration, punishment, and the extent of the carceral state, as they are increasingly offered as moderate penal sanctions and viable solutions to the problem of mass incarceration. They purportedly enable decarceration, albeit with enhanced surveillance in the community as the compromise. Proponents of the devices tout the public safety and cost benefits while stressing the importance of depopulating prisons and returning individuals to their communities. In recent years, an oppositional movement has developed, focused on highlighting the social harms of electronic monitoring as part of a burgeoning e-carceration regime, where digital prisons arise, not as substitutes to brick and mortar buildings, but as net-widening correctional strategy operationalized to work in tandem.

This Paper examines this debate on the effectiveness of electronic ankle monitors using a social marginalization framework. It argues that the current scholarly debate on the use of electronic ankle monitors is limited because it fails to consider the potential harm of social marginalization, particularly for historically subordinated groups subjected to this form of surveillance. It uses system avoidance theory to elucidate the argument that intensive criminal justice surveillance has the counterproductive effect of causing those subjected to surveillance to avoid institutions necessary for adequate reintegration and reduction in recidivism. It offers a theory of the carceral state as malleable, extending beyond prison walls, expanding our carceral reality, and placing great strains on privacy, liberty, and democratic participation. Ultimately, it stresses that a move from decarceration to e-carceration, or from mass incarceration to mass surveillance, will likely fail to resolve, and may exacerbate, one of the greatest harms of mass incarceration: the maintenance of social stratification. Thus, adequately addressing this challenge will demand a more robust and transformative approach to criminal justice reform that shifts a punitive framework to a rehabilitative one focused on proven methods of increasing defendants’ and former offenders’ connections to their community and civic life, such as employment assistance programming, technical and entrepreneurial skill development, supportive housing options, and mental health services.

February 20, 2020 in Criminal Sentences Alternatives, Prisons and prisoners, Race, Class, and Gender, Reentry and community supervision, Scope of Imprisonment, Technocorrections | Permalink | Comments (0)

Tuesday, February 18, 2020

Effective looks at an effective look at the reality of community supervision

The-second-chance-club-9781982128593_lgI have now seen a number of positive review of the new book by Jason Hardy, The Second Chance Club: Hardship and Hope After Prison.  Here is the description of the book from the publisher's website:

A former parole officer shines a bright light on a huge yet hidden part of our justice system through the intertwining stories of seven parolees striving to survive the chaos that awaits them after prison in this illuminating and dramatic book.  Prompted by a dead-end retail job and a vague desire to increase the amount of justice in his hometown, Jason Hardy became a parole officer in New Orleans at the worst possible moment.  Louisiana’s incarceration rates were the highest in the US and his department’s caseload had just been increased to 220 “offenders” per parole officer, whereas the national average is around 100.  Almost immediately, he discovered that the biggest problem with our prison system is what we do — and don’t do — when people get out of prison.

Deprived of social support and jobs, these former convicts are often worse off than when they first entered prison and Hardy dramatizes their dilemmas with empathy and grace. He’s given unique access to their lives and a growing recognition of their struggles and takes on his job with the hope that he can change people’s fates — but he quickly learns otherwise.  The best Hardy and his colleagues can do is watch out for impending disaster and help clean up the mess left behind.  But he finds that some of his charges can muster the miraculous power to save themselves. By following these heroes, he both stokes our hope and fuels our outrage by showing us how most offenders, even those with the best intentions, end up back in prison — or dead — because the system systematically fails them. Our focus should be, he argues, to give offenders the tools they need to re-enter society which is not only humane but also vastly cheaper for taxpayers.

As immersive and dramatic as Evicted and as revelatory as The New Jim Crow, The Second Chance Club shows us how to solve the cruelest problems prisons create for offenders and society at large.

I hope to find time to read this new book, but in the meantime I have already seen these helpful substantive reviews from some notable reviewers:

February 18, 2020 in Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Reentry and community supervision, Who Sentences | Permalink | Comments (0)

Monday, February 17, 2020

"Pathways to Reintegration: Criminal Record Reforms in 2019"

The title of this post is the title of this terrific new report from the Collateral Consequences Resource Center authored by Margaret Love and David Schlussel. (I noted in this post a few weeks ago the series of reviews of new laws in place in 2019 on a range of collateral-consequences-related concerns, and I believe this new report brings all of this important material together.)  Here is part of this report's introduction:  

In 2019, 43 states, the District of Columbia, and the federal government enacted an extraordinary 152 laws aimed at reducing barriers faced by people with criminal records in the workplace, at the ballot box, and in many other areas of daily life.  This prolific legislative track record, augmented by one important executive order, reflects a lively national conversation about how best to limit unwarranted record-based discrimination and to promote reintegration.

Last year, we reported what was then an unprecedented number of new record reform laws: 32 states enacted 57 new laws in 2018. In terms of the number of new laws enacted and their importance, 2019 breaks every record set in 2018.  Lawmakers across the country took major actions to restore voting and other civil rights; authorize expungement and other forms of record relief; expand diversion programs to avoid conviction; limit the use of criminal records in occupational licensing, employment, and housing; alleviate immigration consequences; and curb driver’s license penalties unrelated to driving offenses. Approaches to relief varied widely from state to state, with respect to the type of relief, the specifics of who is eligible for it, the mechanics of delivery, and its effect.

This report on 2019 criminal record reforms continues CCRC’s efforts to document an extraordinarily fruitful period of law reform in the United States, one that began around 2013 and has continued to gather steam into 2020.  The overall purpose of this law reform movement has been to advance a public policy of promoting reintegration for people with a criminal record.  In the seven-year period in which CCRC has been following the trend, every state legislature and the federal government has taken at least some steps to chip away at the negative effects of a criminal record on an individual’s ability to earn a living, access housing, education and public benefits, and otherwise fully participate in society.

This introduction highlights key developments from this past year.  A Report Card, new this year, grades the progess of the most (and least) productive state legislatures in 2019. The body of the report provides topical discussions of reform measures, and is followed by an appendix that organizes the laws enacted by jurisdiction.  A link to the text of each law is included, as well as a statutory citation where available.  More detailed information about each state’s laws is available in the CCRC Restoration of Rights Project.

February 17, 2020 in Collateral consequences, Reentry and community supervision, Who Sentences | Permalink | Comments (0)

Wednesday, February 12, 2020

"Laying the Groundwork: How States Can Improve Access to Continued Education for People in the Criminal Justice System"

DownloadThe title of this post is the title of this notable new report from the Council of State Governments Justice Center that was released yesterday.  This webpage provides context and overview about the report, and here are excerpts:

New data from a 50-state report ... reveals how state policies fail to support, and often restrict, incarcerated people from accessing continued education, despite research showing that such education can significantly reduce reoffending and increase employment rates.  The report, Laying the Groundwork: How States Can Improve Access to Continued Education for People in the Criminal Justice System, shows that only 10 states allow all people behind bars to access college and employment certification courses, while the rest prohibit certain segments of the incarcerated population from participating....  

Laying the Groundwork also reveals that barriers to education aren’t confined to correctional facilities, but follow people after they’re released: half of all public universities in the U.S. require applicants for admission to disclose their criminal history.  This practice has been shown to discourage potential students from even completing their applications. 

Most states can’t attribute these challenges to a lack of resources. Only three states use all of the federal funding available specifically to support postsecondary education for people in prison; the rest leave taxpayer money on the table.  And two-thirds of states restrict state-based financial aid for currently and formerly incarcerated students, adding another barrier to continued education.

Laying the Groundwork is based on data collected through original surveys of all 50 state correctional agency education directors and parole-granting agencies, as well as extensive online research on state statutes, regulations, and administrative policies, and university application processes....  

The report outlines four essential building blocks states must have in place to make postsecondary education accessible to people impacted by the criminal justice system: making use of available funding, offering a variety of programming aligned with local employer needs, eliminating restrictions on participation, and providing incentives and supports to encourage participation and completion.  Currently, no state has all four of these basic elements in place. And less than half of states meet the criteria for each one of the building blocks, demonstrating that while states may recognize the importance of continued education, they can do much more to ensure that currently and formerly incarcerated people can access it.

To help states make continued education more effective and attainable, Laying the Groundwork includes checklists of best practices that can inform efforts to improve state statute, administrative policy, and funding practices. States can use these checklists to ensure that they are doing all they can to make their communities safer by providing people in correctional facilities and who have a criminal record the opportunity to continue their education.

The report was developed by The Council of State Governments Justice Center and funded by Lumina Foundation.  Read the full report and find every state’s factsheet here.

February 12, 2020 in Collateral consequences, Prisons and prisoners, Reentry and community supervision | Permalink | Comments (0)

Wednesday, February 05, 2020

"Lost in Translation: 'Risks,' 'Needs,' and 'Evidence' in Implementing the First Step Act"

The title of this post is the title of this notable new paper now available via SSRN authored by Jennifer Skeem and John Monahan.  Here is its abstract:

In this article, we focus on two highly problematic issues in the manner in which the First Step Act of 2018 is being implemented by the Bureau of Prisons: (1) an uncritical separation of “dynamic risks” and “criminogenic needs” and (2) a spurious reliance on “evidence-based” interventions to reduce recidivism risk.  We argue that if the Act is to live up to its promise of being a game-changing development in efforts to reduce crime while simultaneously shrinking mass incarceration, “needs assessment” must be subject to vastly increased empirical attention, variable and causal risk factors must be identified and validly assessed, and interventions to reduce risk must be rigorously evaluated both for their fidelity of implementation and impact on recidivism.  Rather than further proliferating programs that ostensibly reduce risk, we believe that serious consideration should be given to the Bureau of Prisons offering one signature, well-established cognitive-behavioral program that can simultaneously address multiple risk factors for moderate and high-risk prisoners.

February 5, 2020 in FIRST STEP Act and its implementation, Prisons and prisoners, Purposes of Punishment and Sentencing, Reentry and community supervision | Permalink | Comments (0)

Wednesday, January 29, 2020

"The Criminal Class and the Right to Be Subjected to Unreasonable Searches and Seizures"

The title of this post is the title of this new paper now available on SSRN authored by Matthew Greife and Ryan Hull. Here is its abstract:

People that are on parole have been lumped into what is called the criminal class by the courts.  Being in the criminal class has many consequences.  One such consequence is the loss of individual Fourth Amendment rights to be free from unreasonable searches and seizures.  While on parole an individual and their property can be searched with only reasonable suspicion rather than probable cause.  The justification for a lower standard is that those in the criminal class pose a greater threat to the community and are in need of greater control because of their propensity to commit crimes at higher rates than the average citizen.  However, these beliefs may be founded on misinterpretations of data and inaccurate cultural beliefs.  In this article we investigate the “social threat” presumption courts relied upon to lessen parolees Fourth Amendment protections.  Specifically, we interview parolees in Colorado to understand why they violate their parole terms and are re-incarcerated.  Generally, we find that the presumptions about parolees posing a greater threat to society than the average citizen is unsupportable and therefore unconstitutional.

January 29, 2020 in Collateral consequences, Reentry and community supervision | Permalink | Comments (0)

Monday, January 20, 2020

"'Ban the Box' Policies and Criminal Recidivism"

The title of this post is the title of this new empirical paper authored by Ryan Sherrard available via SSRN. Here is its abstract:

Employment has long been seen as a mechanism for reducing criminal recidivism. As such, many states and municipalities have tried to increase the employment prospects of ex-offenders through "Ban the Box" (BTB) policies, making it illegal to ask about an individual's criminal history on a job application.  There are, however, questions as to how effective these policies are at helping ex-offenders successfully stay out of prison.  In addition, recent research has shown that BTB policies may lead employers to racially discriminate in hiring.  Using administrative prison data, this paper examines the direct effect of BTB policies on rates of criminal recidivism.  I find that while BTB policies don't appear to reduce criminal recidivism overall, these policies may be exacerbating racial disparities.  In particular, I show that being released into a labor market with a BTB policy is associated with higher rates of recidivism for black ex-offenders, with little to no effect for white ex-offenders.  This result is robust to a number of specifications and sub-samples.

January 20, 2020 in Collateral consequences, Data on sentencing, Race, Class, and Gender, Reentry and community supervision | Permalink | Comments (2)

Monday, January 13, 2020

Governing puts "Criminal Justice Reform" on list of "The Biggest Issues to Watch in 2020" ... but then just discusses reentry issues

The folks at Governing have this lengthy new piece under the headline "The Biggest Issues to Watch in 2020" with the subheadline that "State legislatures will have a lot on their plates." I was pleased to see the heading "Criminal Justice Reform" among the 15 topics that received a few paragraphs of discussion, but then I was a bit surprised to see that nearly all the discussion of state developments focused on issues relating to collateral consequences and reentry:

In December, New Jersey Gov. Phil Murphy signed into law a bill returning the right to vote to anyone on parole and probation.  Earlier that month, Kentucky Gov. Andy Beshear issued an executive order automatically restoring voting rights to people convicted of nonviolent felonies who have completed their sentence.  He then called on the Legislature to adopt a constitutional amendment codifying it into law.  Colorado and Nevada adopted similar laws last spring, raising to 18 the number of states that allow any adult not currently in prison to vote.  Included in that number are Maine and Vermont, which allow people to vote while incarcerated.  Iowa remains the sole state enforcing a lifetime ban on voting rights following any felony conviction.

In recent years at least 35 states and over 150 cities have adopted versions of so called "ban the box" laws and policies.  Named for the box on job application forms that asks for a yes or no answer about a prior criminal record, a yes answer makes it difficult for former felons to get a good job after serving time.  About 19 million Americans have felony convictions.  Many more have been charged with a misdemeanor or arrested.  Justice reform advocates argue that putting up economic barriers for millions of citizens with records is a burden on local economies.

Finding housing and obtaining a professional license for occupations such as barbering, cosmetology and nursing are also more difficult with a criminal record.  Under the Clean Slate law, Pennsylvania recently became the first state to automatically seal criminal records.  Last June, an automated computer process began wiping cases from public databases.  Arrest records, dropped charges and nonviolent crimes that occurred more than 10 years ago will be expunged.  Police and other law enforcement will still have access to the records.  Courts have until June to finish sealing all the cases.  Utah and Connecticut have since introduced similar bills of their own.

Virginia Gov. Ralph Northam recently announced his plans for decriminalizing marijuana possession, raising the threshold for felony larceny and considering incapacitated or terminally ill prisoners for early release.  In addition, Northam’s budget will include $4.6 million for probation services and $2 million to support reintegration of released inmates.

I do think issues relating to collateral consequences and reentry were very hot in 2019 and will remain hot in 2020 and beyond.  But, because there is so much more these days to criminal justice reform, I would like to have seen more discussion of other hot topics like defelonization of drug possession offenses, second-chance legislation and efforts to make prisons less criminogenic (not to mention bail reform and the use of risk-assessment tools).  I do not mean to criticize the folks at Governing for not be able to cover everything in a short space, but I do mean to spotlight how some are viewing state criminal justice reform efforts these days.

January 13, 2020 in Reentry and community supervision, Who Sentences | Permalink | Comments (0)

Friday, January 10, 2020

Reviewing uncertainty still surrounding earned-time credits created by the FIRST STEP Act

Alan Ellis, Mark Allenbaugh, and Nellie Torres Klein have this new Bloomberg Law piece headlined "The First Step Act — Earned Time Credits on the Horizon." The piece is an important reminder that, even a full year after the enactment of the FIRST STEP Act, there is still uncertainty surrounding the operation of one of the biggest part of the legislation.  Here are excerpts:

One of the remaining programs to be implemented under the First Step Act is set to begin shortly, enabling some prisoners to earn time credits. But some impediments still exist. As of January, all inmates in the Bureau of Prisons (BOP) custody will have undergone an initial assessment pursuant to implementing a new risk and needs assessment program pursuant to the First Step Act.

By January 2022, it is anticipated the BOP will begin providing all eligible inmates recidivism reduction programming based on their identified needs.  As an incentive for participating in such programming, the First Step Act directs that eligible inmates be able to earn time credits which, while not expressly reducing their sentence, under some circumstances can be used toward increasing pre-release custody (e.g., halfway house and/or home confinement).  The BOP has stated it will post available programming opportunities on its website soon....

In theory, these time credits can then be redeemed by eligible inmates for early transfer into a halfway house, home confinement, or supervised release.  Earned time credits thus do not reduce a prisoner’s sentence, per se, but rather allow eligible prisoners to serve their sentence outside prison walls.

Importantly, potentially large categories of inmates will not be eligible to receive earned time credits based on the crime they committed.  Additionally, non-citizens with immigration detainers will not be able to benefit.... Offenders who complete rehabilitative programs serving sentences for offenses not eligible to receive earned time credits are nonetheless eligible for other incentives including increased telephone and email time, expanded visitation and more options at the commissary.  Incentives for privileges will be decided by individual wardens at each institution.

The current limits on time in a halfway house (up to 12 months) and home confinement (six months or 10% of the sentence, whichever is less) will not apply to earned time credits.  Thus, a person can be released to a halfway house and/or home confinement even earlier, meaning, inmates can spend more than 12 months in a halfway house or more than ten percent of their sentence in home confinement after accumulating earned time credits....

If properly implemented, this aspect of the First Step Act could not only significantly lower the number of inmates in an already over-crowded and under-staffed system, but actually reduce recidivism and thereby provide important insights to criminal justice professionals and legislators on best practices for keeping people out of prison.  As of now, no one can earn time credits for completing the program or productive activities until the DOJ completes and releases PATTERN, and the BOP creates or expands existing evidence-based programming or productive activity.  As a result, earned time credits received prior to the implementation of the Risk Assessment Tool will not be eligible for redemption until the Tool is implemented.

Unfortunately, the ability to start earning credits may not actually come for most prisoners until even later than that, depending on how long it takes the BOP to apply PATTERN and create programming and productive activities and assign prisoners to them.  PATTERN was the subject of a House Judiciary Committee Oversight Hearing where some experts expressed concern about its “racial bias and lack of transparency, fairness, and scientific validity.” 

The DOJ has been somewhat circumspect as to how close PATTERN is to being finalized, stating only that it “is currently undergoing fine-tuning.”  Nonetheless, indications are that inmates will begin being scored under a preliminary version soon.

Another potential impediment to full implementation will be the availability of half-way house beds.  In certain parts of the country, there is a shortage of available half-way house beds for federal inmates.  The act did not mention any additional funding or resources for the BOP to implement this program.  This obviously could potentially delay or otherwise limit the implementation of other aspects of the program.  Congress’ intent under the First Step Act is well-intentioned, but without adequate funding, it may not benefit qualifying inmates it was designed to serve.

January 10, 2020 in FIRST STEP Act and its implementation, Prisons and prisoners, Procedure and Proof at Sentencing, Reentry and community supervision, Who Sentences | Permalink | Comments (1)

Sunday, January 05, 2020

Noting the discouraging connection between criminal justice involvement and overdose deaths

This recent Connecticut Mirror piece, headlined "From prison to the grave: Former inmates now account for more than half of all drug overdose deaths in Connecticut," spotlights the disconcerting link between involvement with the criminal justice system and overdose deaths:

Accidental drug overdose deaths tripled in Connecticut between 2010 and 2018, with the proportion of overdose victims with prior involvement in the criminal justice system slowly increasing during that time.

Former inmates account for more than half of the people who died from drug overdoses between 2016 and 2018, according to an analysis of new state data. In 2015, this same group made up 44% of the people who died from an overdose.

Officials with the Office of Policy and Management’s Criminal Justice Policy and Planning Division discovered the uptick in drug deaths among former inmates when examining data from the Office of the Chief Medical Examiner and the Department of Correction.

While the data shows an overlap between criminal justice involvement and overdose deaths, many details are still missing.  While officials believe the majority of the overdose deaths are from fentanyl, for example, OPM did not specify this in its analysis.  There has been a dramatic increase in fentanyl-related deaths statewide over the past half-decade, according to the Office of the Chief Medical Examiner.  Of 1,017 opioid deaths last year, 75% involved fentanyl. In 2012, fentanyl deaths accounted for 4% of the total.

There are other unanswered questions, as well. “We don’t know whether they were admitted pretrial or served a sentence,” said Marc Pelka, Gov. Ned Lamont’s undersecretary of criminal justice policy and planning. “We don’t know how soon after their release they experienced an accidental drug overdose death.”

Pelka said his office likely would do a deeper dive into the data to learn more about the intersection between arrests and overdose fatalities.  Even without that detail, however, the data is startling, officials said.  “I hope that this whole commission really understands what this shows. Because I’m seeing this come across my desk every day,” Department of Correction Commissioner Rollin Cook told his colleagues on the Criminal Justice Policy Advisory Commission during a recent presentation on the data.  Cook said one of his jobs is to sign off on investigations into overdose deaths of people who have been released from prison but are still under state supervision.

Those reports, Cook said, often show the overdose victims were attending recovery programs and adhering to the terms of their parole.  “They’re doing everything they’re supposed to do,” he said. “Yet we’re still losing them. They’re dying.”

People released from prison are at greater risk of certain early deaths compared to the general population.  Research shows people who get out of prison are 40 times more likely to die of an opioid overdose within two weeks of their release than those who haven’t spent time behind bars.  In Connecticut, white ex-prisoners are more likely to die from drug overdoses, while black former inmates are more likely to die by homicide....

The overlap between criminal justice system involvement and addiction makes sense to Louis Reed, an organizer for the national criminal justice reform group Cut 50.  Criminal records function as scarlet letters, making it hard for people to secure housing or land jobs even after their sentences have ended. “The moment they get a door slammed in their face they most likely are going to go right back to what it is they felt was more comfortable to them,” Reed explained.  Using drugs after a long period of sobriety while incarcerated also poses problems, said Reed. Tolerances decrease when people don’t use for a while.  That puts them at risk of an accidental overdose because their first hit “shocks their system.”

January 5, 2020 in Offender Characteristics, Prisons and prisoners, Reentry and community supervision | Permalink | Comments (1)

Friday, January 03, 2020

"The Effectiveness of Prison Programming: A Review of the Research Literature Examining the Impact of Federal, State, and Local Inmate Programming on Post-Release Recidivism"

The title of this post is the title of this notable new research document authored by James Byrne on Behalf of the First Step Act Independent Review Committee. (Backgound on this important Committee can be found at this link.)  I do not believe that this Committee has yet produced much original substantive material, and I am not sure if this new 42-page research document (which is dated Dec. 2019) is a sign of more to come.  In any event, here is its introduction:

The First Step Act emphasizes the importance of BOP programming as a recidivism reduction strategy and includes sentence-reduction incentives for eligible inmates who participate in “evidence-based recidivism reduction programs.”  This memorandum reviews available research about the recidivism reduction effects of federal, state, and local prison programming in an attempt to determine to what extent such programming can fairly be described as evidence-based.  There are three distinct types of reviews that can be used to establish evidentiary criteria and determine “what works” in the area of prison programming (Byrne and Luigio, 2009).  The most rigorous such review would focus narrowly on the results of high quality, well-designed randomized control trials (RCTs) conducted during a specified period.  A minimum of two RCTs demonstrating effectiveness (and a preponderance of lower-level research studies producing similar results) would be necessary before a determination could be offered about whether a particular program or strategy “worked.”  This is the type of review strategy and scientific evidence relied on in the hard sciences.

A second review strategy allows identification of a program as evidence-based (or working) if there are at least two quasi-experimental studies with positive findings, and the majority of lower-quality studies point in the same direction.  This is the approach used in the reviews produced by the Campbell Collaborative.  A variation on this approach — representing a third type of evidence-based review — is found on the DOJ CrimeSolutions.gov website, where a program will be described as effective based on a rating of each applicable research study by two independent reviewers.

To be rated as effective, at least one high quality evaluation — RCT or well-designed quasi-experiment — needs to be identified.  This memorandum adopts the second standard described above to summarize the research under review (see Appendix B), but we have also examined all studies and reviews of prison programs identified by CrimeSolutions.gov.

Included in this review is a careful look at the available evaluation research on the BOP programming, focusing on the 18 “national model” prison programs identified by BOP.  Also included in this review is an examination of the much larger body of evaluation research conducted on the recidivism reduction effects of state and local prison programs.  This memorandum offers summary assessments of all relevant evaluation research and corresponding recommendations for DOJ and BOP to consider as they move to implement high quality, evidence-based programming in the federal prison system.

And here is a key paragraph labelled "Conclusion" after a detailed substantive discussion (with emphasis in original):

Completion of prison programming by federal prisoners does appear to provide an important signal that these individuals have begun to address — via BOP programming — problems that we know are linked to criminality: substance abuse, mental health deficits, and lack of education and/or employment skills.  However, a careful review of the evaluation research strongly suggests that the likely effects of participation in current prison programming on both treatment outcomes (i.e. improvement in identified need areas) and post release behavior are—statistically speaking—significant but marginal (i.e. about a .10 absolute difference between treatment and control groups is the likely result were these programs rigorously evaluated).  While prison programming is certainly one piece of the desistance puzzle, it appears that individuals will desist from crime upon release from prison based on a variety of individual and community level factors not directly related to the availability and/or quality of prison programming.  For this reason, accurate prison-based risk/need classification that links inmates at different risk/need levels to appropriate evidence-based prison programming should be followed by evidence-based reentry programming (Cullen, 2013).  While this report focuses on prison programming, we recognize the critical role of reentry programming and community context (e.g. structure, support, resources, location) in the desistance process.

January 3, 2020 in Prisons and prisoners, Reentry and community supervision, Who Sentences | Permalink | Comments (2)

Thursday, December 26, 2019

Tennessee Criminal Justice Investment Task Force releases extensive report with extensive criminal justice reform recommendations for the Volunteer State

As reported in this local article, the Tennessee Criminal Justice Investment Task Force recently "released its interim report, detailing problems with Tennessee's criminal justice system that have led to a high recidivism rate and 23 recommendations to fix them. Here is more about the report from the press piece:

Despite spending over a billion dollars a year and sending more people to prison, Tennessee communities are no safer than they were a decade ago.  That's the major conclusion from Governor Bill Lee's criminal justice investment task force....

Lee created the task force through an executive order in March, with the goal to help develop policies to reduce recidivism and improve public safety.  In August, the task force began reviewing the state's sentencing and corrections data, policies, practices, and programs. It also looked at what other states were doing.

Among the task force's key findings:

  • Tennessee's prison population grew 12 percent over the last decade, primarily because of longer sentences and fewer paroles
  • Three out of every four new prisoners in FY 2018 were serving time for non-violent crimes
  • Over half of prisoners released from custody are back in jail within three years
  • Half of local county jails are overcrowded
  • An increasing number of prisoners are women, with the state ranking 11th highest in the nation for female incarceration

With lawmakers set to return to Nashville in less than three weeks, the task force made 23 recommendations. The recommendations include:

  • Expanding access to sentencing alternatives, like probation and treatment programs
  • Help more inmates transition successfully back into society
  • Increase educational opportunities
  • Improve community supervision programs
  • Reduce probation terms
  • Streamline the parole process
  • Rewrite the sentencing code (replacing the current one from 1989)

This full 38-page task force report can be found at this link, and the last dozen pages has an intricate accounting of the 23 recommendations designed to "provide an avenue
for Tennessee to reduce recidivism and improve public safety."  Other states might also find these proposed avenues quite useful

December 26, 2019 in Offense Characteristics, Prisons and prisoners, Reentry and community supervision, State Sentencing Guidelines, Who Sentences | Permalink | Comments (0)

Friday, December 20, 2019

Fair Chance Act, serving to "ban the box" for the federal hiring process, becoming law as part of military spending bill

Though not quite as consequential or contentious as last year's passage and signing of the FIRST STEP Act, Congress and Prez Trump this year are again getting another piece of federal criminal justice reform legislation done in late December.  This Reason piece provides the basics:

President Donald Trump is expected to sign a bill into law today that will bar the federal government and its contractors from asking about the criminal history of a job applicant prior to the extension of a conditional offer of employment.

The Fair Chance Act, which was tucked into the massive defense spending bill passed by Congress earlier this week, was part of a national campaign by criminal justice advocacy groups and like-minded lawmakers to "ban the box" — referring to the question on job applications about whether one has been convicted of a crime — and reduce barriers to employment for an estimated 70 million Americans with criminal records.

"After many fits and starts, we are finally about to give formerly incarcerated individuals a second chance by eliminating a major hurdle they face when job-searching," Sen. Cory Booker (D–N.J.), one of the bill's cosponsors, said in a press release. "This legislation will immediately change lives by allowing thousands of qualified people with criminal records to more meaningfully integrate into life outside prison walls."

The law was supported by a bipartisan group of criminal justice organizations. Holly Harris, the executive director of Justice Action Network, said it will open "tens of thousands of federal government and contracting jobs to people who have made mistakes, but just need a chance to get a foot in the door to present their skills and qualifications."

According to the National Employment Law Project, 35 states and more than 150 cities have passed similar legislation, including red states like Georgia, Kentucky, and Oklahoma. Thirteen states extend those hiring requirements to private businesses.

December 20, 2019 in Collateral consequences, Reentry and community supervision | Permalink | Comments (0)

Thursday, December 05, 2019

"Who should oversee implementing the First Step Act?"

The question in the title of this post is the headline of this notable Hill commentary authored by Johanna Markind, who served as an assistant general counsel with the US Parole Commission from 2009 to 2014. Here are excerpts from the piece:

During a Nov. 19 Senate Judiciary Committee hearing, committee Chairman Lindsey Graham (R-S.C.) asked Bureau of Prisons (BOP) Director Kathleen Hawk Sawyer: How does the First Step Act differ from parole, and should the federal government reinstate parole?  With respect, the answers are: There’s no real difference, and it already has.  The issue that Sen. Graham implicitly raised is, who should run parole?

The groundbreaking First Step Act, enacted last December, authorizes early release of federal prisoners who have worked to reform themselves and are deemed low-risk.  The legislation requires BOP to perform a needs assessment on eligible prisoners and recommend programming for each.  The evidence-based programs are designed to reduce offenders’ risk of recidivism — that is, of returning to a life of crime — and increase their chances of successfully re-entering society.  Low-risk offenders who complete their programs are eligible for conditional early release (“home confinement”).

This is a reboot of parole.  Before parole was abolished in the federal system, effective 1987, the U.S. Parole Commission used to evaluate new prisoners, informally recommend programming such as drug treatment, and set tentative release dates.  As the proposed release date approached, the Parole Commission would re-evaluate the offenders in light of considerations, including whether they had completed recommended programming.  If it decided to release the prisoner, it would set release conditions.

A few years ago, an aide to one of the Senate co-sponsors of the First Step Act acknowledged to me that the risk-reduction/early release provisions are effectively parole by another name — albeit a new, improved version incorporating evidence-based practices developed during the intervening years.  To implement the act, the Department of Justice (DOJ) released a new risk-assessment tool (PATTERN) last July.

Unfortunately, as Sawyer admitted, BOP has yet to complete its needs-assessment tool. That could be because BOP is undermanned, as Sawyer testified. Recent coverage in The Hill has suggested the problem was that elements within DOJ are trying to undermine the act. Or, the problem could be that deciding when to release prisoners just isn’t what BOP and DOJ are institutionally designed to do.

Congress discovered a similar problem after it first authorized parole in 1910.  Parole was granted/denied at each federal prison by a board consisting of that prison’s warden, its doctor, and a Washington-based prison superintendent.  The system didn’t work very well, likely because prison wardens and superintendents were more focused on keeping prisoners in than on letting them out.  In 1930, Congress established a Board of Parole separate from the prison system. It, and its successor Parole Commission, oversaw parole until 1987....

BOP’s basic mission is “to protect society by confining offenders.”  Without a doubt, many BOP employees are sincerely working to comply with the act.  Nevertheless, deciding when and under what conditions to release offenders isn’t part of BOP’s mission.  If Congress wants the act’s release provisions implemented effectively, it should assign responsibility to an organization whose mission is consistent with that task.

A revamped Parole Commission is one option.  A rump Parole Commission still exists — it oversees release of prisoners sentenced for crimes committed before November 1987, and sanctions parole violations by that same population. It is naturally much smaller than it was when it oversaw parole for the entire federal prison population, but it could scale up.  To assist in that process, it could be given permission temporarily to rehire retired staff, just as Sawyer mentioned BOP is now doing.  Former Parole Commission staffers have a wealth of institutional memory and experience determining what programming offenders need to increase their chances for successful re-entry, as well as weighing the risks of releasing them.

Reviving the remnant Parole Commission is not the only way to implement the First Step Act effectively.  There are other options.  For example, Congress might create an agency for the purpose.  But, whatever Congress does or doesn’t do, history suggests that giving BOP the keys while charging it to bar the door is unlikely to produce optimal results.

Regular readers may recall this short article I penned a few years ago, titled "Reflecting on Parole’s Abolition in the Federal Sentencing System," in which I described the correction reform proposals then in Congress "as a kind of 'parole light'." Consequently, I think this author is spot on, particularly when she suggests players other than DOJ and BOP ought to be directly involved in FIRST STEP implementation.

Of course, there are many part of the FIRST STEP Act that extend beyond just providing for means for conditional early release, and thus a revamped Parole Commission would be, in my view, only one important part of ensuring the Act achieves its goals and potential.  We also need a well-functioning US Sentencing Commission, and one filled with Commissioners eager to give full and robust effect to all the the Act's ameliorative sentencing provisions.  I also think we need an entity tasked with and focused on addressing collateral consequences and other barriers to effective offender re-entry that can work to undermine whatever rehabilitative progress an offender may have made while serving a prison term.  (In another recent article, titled "Leveraging Marijuana Reform to Enhance Expungement Practices," I made the case for  new criminal justice institution, a Commission on Justice Restoration, that could proactively work on policies and practices designed to minimize and ameliorate undue collateral consequences for people with criminal convictions.)

December 5, 2019 in FIRST STEP Act and its implementation, Prisons and prisoners, Reentry and community supervision, Who Sentences | Permalink | Comments (7)

Tuesday, December 03, 2019

Council on Criminal Justice releases new report on "Trends in Correctional Control by Race and Sex"

This morning the Council on Criminal Justice released this interesting new report detailing notable modern changes in the modern demographics of prison, jail, probaton, and parole populatons.  Like all good data-driven reports, this one defies easy summary, and so I will just here reprint the report's page of "Key Findings":

• From 2000 to 2016, racial and ethnic disparites declined across prison, jail, probaton, and parole populatons in the U.S. For example, the black-white state imprisonment disparity fell from 8.3-to-1 to 5.1-to-1, and the Hispanic-white parole disparity fell from 3.6-to-1 to 1.4-to-1.i

• Black-white disparites in state imprisonment rates fell across all major crime categories. The largest drop was for drug ofenses.  In 2000, black people were imprisoned for drug crimes at 15 tmes the rate of whites; by 2016, that rato was just under 5-to-1.

• Among women, the black-white disparity in imprisonment fell from 6-to-1 to 2-to-1, a sharper decrease than the decline among men. The disparity among women fell because of an increase in the imprisonment rate for whites for violent, property, and drug crimes, and a decrease in the imprisonment of black women for drug crimes.

• The change in the black-white male imprisonment disparity occurred as the number of black men in state prisons declined by more than 48,000 (to about 504,000) and the number of white men increased by more than 59,000 (to roughly 476,000). Comparatvely, the black-white female disparity decreased as the number of black women in state prison fell by more than 12,000 (to about 24,000) and the number of white women increased by nearly 25,000 (to about 60,000).

• Reported ofending rates of blacks for rape, robbery, and aggravated assault declined by an average of 3% per year between 2000 and 2016, decreases that contributed to a drop in the black imprisonment rate for these crimes. This decrease was ofset in part by an increase in the expected tme to be served upon admission, which increased for both blacks and whites.

• Hispanic-white disparites in all four correctonal populatons have narrowed steadily since 2000. For Hispanics and whites on probaton, the data showed no disparity in rates by 2016.

For some context and perspectives on the report, the Marshall Project has this new piece headlined "The Growing Racial Disparity in Prison Time: A new study finds black people are staying longer in state prisons, even as they face fewer arrests and prison admissions overall."

December 3, 2019 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Race, Class, and Gender, Reentry and community supervision, Scope of Imprisonment | Permalink | Comments (0)

Tuesday, November 26, 2019

"Pushed Out and Locked In: The Catch-22 for New York’s Disabled, Homeless, Sex-Offender Registrants"

The title of this post is the title of this new Yale Law Journal Forum piece authored by Allison Frankel. Here is its abstract:

Across New York, people are incarcerated for weeks, months, and even years after their prison release dates.  These individuals are not confined for violating prison disciplinary rules or committing new crimes. New York’s Department of Corrections and Community Supervision (DOCCS) detains them, instead, because they are homeless.  DOCCS refuses to release prisoners to community supervision without an approved address.  But for prisoners required to register as “sex offenders,” finding housing means navigating a web of restrictions that are levied exclusively on people convicted of sex crimes and that dramatically constrain housing options, particularly in densely populated New York City. These restrictions amount to effective banishment for registrants with disabilities, who face added obstacles to finding medically appropriate housing and are barred even from New York City’s homeless-shelter system.

As this Essay explores, the State of New York, and particularly New York City, pushes its poor, disabled sex-offender registrants into homelessness, and then prolongs registrants’ detention because of their homeless status.  This detention regime continues unabated, despite studies showing that sex-offender recidivism rates are actually relatively low and that residency restrictions do not demonstrably prevent sex offenses.  Rather, such laws consign registrants to homelessness, joblessness, and social isolation.  It does not have to be this way. This Essay suggests litigation strategies to challenge the prolonged detention of homeless registrants on statutory and constitutional grounds.  The Essay also offers policy solutions to improve New York City registrants’ access to housing and to untether an individual’s housing status from their access to liberty.  New York simply cannot and should not continue both to restrict registrants’ housing options and to detain individuals because they are homeless.

November 26, 2019 in Collateral consequences, Prisons and prisoners, Race, Class, and Gender, Reentry and community supervision, Sex Offender Sentencing | Permalink | Comments (2)

Thursday, November 21, 2019

Senators Cornyn and Whitehouse introduce RE-ENTER Act to enable federal judges to issue "Certificate of Rehabilitation" to former offenders

As detailed in this press release, "U.S. Senators Sheldon Whitehouse (D-RI) and John Cornyn (R-TX) today introduced the Recognizing Education, Employment, New Skills, and Treatment to Enable Reintegration (RE-ENTER) Act, which would allow federal judges to issue a Certificate of Rehabilitation to acknowledge an eligible offender who has successfully reintegrated into society." Here is more about this interesting legislative news via the release:

These certificates can help formerly incarcerated individuals find jobs and housing and help prospective employers or landlords determine whether an applicant has been rehabilitated. "Reformed offenders who have served their time have the best chance of staying out of trouble and becoming productive members of society if they can secure a foothold in a job and find housing," said Sen. Whitehouse. "Our bill would follow the successful example set by states that vet people with criminal records to determine whether they have earned a Certificate of Rehabilitation."

“Most incarcerated individuals will be released at some point, and we need to encourage them and give them every tool necessary to be productive members of society,” said Sen. Cornyn. “The housing benefits and job opportunities that these certificates can help make available to former inmates will help us ensure that those who get out of prison will stay out of prison.”

Background:

In at least 16 states and the District of Columbia, state court judges have the power to issue certificates of rehabilitation to address the impact of state convictions. These certificates signal that a recipient has successfully reintegrated into society and no longer poses a significant risk of reoffending. Just like with the First Step Act, Congress can learn from states’ success.

Additionally, this legislation would:

  • Allow eligible offenders to petition the appropriate district court for a certificate;
  • Direct courts to consider various factors to determine whether a certificate is appropriate, including the crime of conviction, activities and education, efforts at employment and restitution, and other current conditions;
  • Permit federal prosecutors to weigh in with the district court and allows courts to appoint federal public defenders to assist the petitioner;
  • Require federal agencies and courts to consider the certificate when making housing, benefits, and eligibility determinations for other programs;
  • And express the sense of Congress that a certificate should help former inmates with licensing, housing, and employment determinations, protect employers who hire recipients of certificates, and contribute to pardon and clemency efforts.
In addition to Senators Cornyn and Whitehouse, the bill is cosponsored by Senators Mike Lee (R-UT), Patrick Leahy (D-VT), Chuck Grassley (R-IA), Dick Durbin (D-IL), Thom Tillis (R-NC), Chris Coons (D-DE), Rob Portman (R-OH), Richard Blumenthal (D-CT), Mike Crapo (R-ID), and Joni Ernst (R-IA).
The bill is endorsed by Prison Fellowship, the National District Attorneys’ Association, #Cut50, Americans for Prosperity, Law Enforcement Leaders to Reduce Crime & Incarceration, and the Justice Action Network.

Here is the full legislation and a one-pager for downloading:

November 21, 2019 in Collateral consequences, Reentry and community supervision, Who Sentences | Permalink | Comments (2)

Thursday, October 31, 2019

Federal court finds First Amendment violated by sheriff's plan to place signs of sex offender homes on Halloween

A helpful reader spotlighted a new notable federal court ruling dealing with one example of how some local law enforcement officials sometimes use the Halloween holiday to single out registered sex offenders.  This local newspaper story, headlined "Judge sides with sex offenders in ‘no trick-or-treating’ fight," reports on the basics:

A federal judge on Tuesday said a Georgia sheriff’s plan to post “no trick-or-treating” signs at sex offenders’ homes was unconstitutional.

The ruling comes after three registered sex offenders sued Butts County Sheriff Gary Long to stop his office from the practice, which began last year with deputies planting signs that urged Halloween revelers against stopping. Deputies put up some of the signs while others among the county’s 200 registered sex offenders were told to display one themselves or face unspecified trouble, according to the complaint.

U.S. District Court Judge Marc T. Treadwell’s order applies only to the three plaintiffs, meaning it wouldn’t stop the sheriff’s office from placing signs at other registered sex offenders’ homes. But the judge said Long’s legal authority to place the signs was “dubious at best.”

The sheriff disagreed with the ruling but said he’d abide by it. He said he had deputies put the signs up last year because a popular trick-or-treating event on the square in downtown Jackson was cancelled, leading to an increase in door-to-door visits.

“While the vast majority of us may disagree with the Judge’s ruling, I strongly encourage you to NOT take matters into your own hands this Halloween,” Long wrote on Facebook. “Unfortunately, there is no time to appeal before this Halloween.”

Treadwell said the three men who sued are “by all accounts” rehabilitated and living law-abiding lives.“Yet their Sheriff finds it necessary to post signs in front of their homes announcing to the public that their homes are dangerous for children,” the judge wrote. “The Sheriff’s decision is not based on any determination that the Plaintiffs are dangerous. Nor is the Sheriff’s sign-posting founded on Georgia law.”

The sheriff’s plan to place the signs “run afoul” of the First Amendment because it compels the men to display the message even though they disagree with it. The sheriff said he’d sought legal advice in 2018 before placing the signs and believed it was appropriate.

The full 25-page ruling is available at this link, and here is its introduction:

The Plaintiffs are sex offenders. That is because many years ago they committed offenses that fall within the State of Georgia’s definition of sex offenses.  Since then, they have served their terms of imprisonment and have, as far as the law is concerned, paid their debts to society.  But because they have been classified as sex offenders, they remain subject to Georgia’s lifelong requirement that they register with their local sheriff. But by all accounts, they are rehabilitated.  They live productive, lawabiding lives.  Two of the named Plaintiffs live with their parents; one has a six-year-old daughter living with him.  The State of Georgia, under its system for classifying sex offenders, has not determined that they pose an increased risk of again committing a sexual offense.

Yet their Sheriff finds it necessary to post signs in front of their homes announcing to the public that their homes are dangerous for children.  The Sheriff’s decision is not based on any determination that the Plaintiffs are dangerous. Nor is the Sheriff’s sign-posting founded on Georgia law.  Rather, the Sheriff’s decision is based solely on the fact that the Plaintiffs’ names remain on Georgia’s registry of sex offenders.  Further, Sheriff Long plans, as he has in the past, to ban the Plaintiffs from expressing their disagreement with the signs and the message the signs convey.

The Plaintiffs object and seek relief from this Court.  The question the Court must answer is not whether Sheriff Long’s plan is wise or moral, or whether it makes penological sense.  Rather, the question is whether Sheriff Long’s plan runs afoul of the First Amendment of the United States Constitution.  It does.

October 31, 2019 in Collateral consequences, Reentry and community supervision, Sentences Reconsidered, Sex Offender Sentencing, Who Sentences | Permalink | Comments (3)

Saturday, October 26, 2019

Philadelphia Inquirer provides detailed coverage of "The Probation Trap"

The local paper in the City of Brotherly Love has this important new series highlighting that the Keystone State is not very loving when it comes to how it treats people caught up in community supervision. The series is titled "The Probation Trap" and here is the subheading for the coverage: "Pennsylvania has one of the nation's highest rates of supervision, driven by unusual laws that leave judges unchecked.  But many people fail, ending up in jail or in a cycle of ever more probation." 

Here is some of the introduction explaining "The Problem with Probation":

In Pennsylvania, as across the country, crime rates have fallen to their lowest point in decades. But over that same time, the rate of incarceration in Pennsylvania state prisons and county jails nearly quadrupled, while the number on probation or parole also grew almost four times larger, to 290,000 people.

Counting jail, prison, probation, and parole, Pennsylvania now has the nation’s second-highest rate of people under correctional control. Probation and parole account for three-quarters of that — a phenomenon critics of mass incarceration call “mass supervision.”

Nationwide, one in 55 adults is on probation or parole. In Pennsylvania, that’s one in 35 adults. In Philadelphia: one in 23 adults.

African American adults in Philadelphia are disproportionately impacted. One in 14 is under supervision. Philadelphia’s county supervision rate is the highest of any big city — and 12 times the rate of New York City. ‍

What’s driving this? To find answers, we watched hundreds of hearings, interviewed scores of people, and analyzed 700,000 case dockets from 2012 to 2018.

What we found is a system virtually ungoverned by law or policy, resulting in wildly disparate versions of justice from one courtroom to the next.

We found a system that routinely punishes poverty, mental illness, and addiction. We met a woman who was jailed two months for failing to report to probation because she wasn’t permitted to bring her newborn child and couldn’t afford a babysitter. We met a man who was locked up because he didn’t have $227 to pay for a court-ordered drug evaluation.

As a result, some people remain under court control for years after being convicted of low-level crimes, resentenced two, three, four, or five times over for infractions including missing appointments, falling behind on payments, or testing positive for marijuana. Probation and parole violations are flooding the court system, filling city jails and driving up state prison populations.

Many other states, recognizing similar problems, have reformed their systems. Can Pennsylvania?

Here are the main articles in the series:

"Living in Fear:  Probation is meant to keep people out of jail. But intense monitoring leaves tens of thousands across the state at risk of incarceration."

"Judges Rule: When it comes to probation, Pennsylvania has left judges unchecked to impose wildly different versions of justice."

"Punishing Addiction: Courts recognize substance-use disorder is a disease. Yet some judges continue punishing relapse with ever-longer probation and even prison."

October 26, 2019 in Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Race, Class, and Gender, Reentry and community supervision, Who Sentences | Permalink | Comments (1)

Thursday, October 24, 2019

Many Colorado sentences now uncertain after court ruling precluding imposition of imprisonment for certain offenses and probation for others

A helpful reader alerted me to this interesting story from the Denver Post headlined "Hundreds of prisoners can seek new trials, freedom after Colorado Supreme Court rules sentences illegal." Here are the details of a shock being sent through the state's criminal justice system:

The Colorado Supreme Court has ruled the sentences of hundreds — perhaps thousands — of criminal defendants serving time in Colorado prisons, some for violent sexual crimes, are illegal, giving many of them a renewed shot at freedom.

The court last month stunned the state’s judicial system when it ruled that defendants cannot be sentenced to both prison and probation for charges in the same case, deeming the sentences illegal and unenforceable.  The ruling applies to any defendant sentenced to prison followed by a probation term, and gives each the right to force prosecutors to start over.  Those already out of prison theoretically could request their plea deal be overturned, legal experts said.

“This is going to result in a ton of litigation,” defense attorney Scott Robinson said. “This appears clearly to go against what many defense lawyers and prosecutors have assumed to be true for years, that different types of sentences can be imposed on different charges in the same case.”

Prosecutors in at least four judicial jurisdictions, including Denver, have relied on the dual sentence as part of the plea agreement process, mostly for sex crimes where a defendant could be sentenced to an indeterminant number of years in prison and authorities wanted to ensure lifetime supervision should the defendant be released.

“My biggest concerns are that we can no longer do this and what do we do with those we’ve already done it to? What if they’re already in prison? Are they all released?” asked Mesa County District Attorney Daniel Rubinstein.  “If the sentence is invalidated, we could be back at square one, or worse.”

The high court’s decision is based on a 2014 Boulder County case in which a jury found Frederick Allman, 67, guilty of various theft and forgery crimes.  He was sentenced to 15 years in prison and a 10-year probation term that was to be concurrent with the parole he’d serve upon his release.  The Supreme Court, in a 7-0 decision, said the 2015 sentence by District Judge Andrew Macdonald was illegal.  [The decision is available at this link.]

“…The determination that probation is an appropriate sentence for a defendant necessarily requires a concordant determination that imprisonment is not appropriate,” Justice Brian Boatright wrote in the court’s opinion issued Sept. 23. “The probation statute gives courts guidance and discretion in choosing to grant probation.  However, it requires a choice between prison and probation. … The legislature intended to allow courts to choose only one or the other.  Probation is an alternative to prison.”

Attorney General Phil Weiser’s office has until Oct. 28 to file a petition for the court to re-hear the case.

The court’s decision primarily affects defendants who signed plea agreements, a number that could reach into the thousands as 95% of all criminal cases are settled with plea deals. Defendants convicted by a jury, as was Allman, would simply be resentenced since the jury verdict remains unchanged.

Prosecutors explain that a plea agreement would be handled differently than a guilty verdict because a defendant agreed to a specific outcome in exchange for the plea. Because the sentence is deemed illegal, defendants can rescind their original agreement. “If the sentence is invalidated, we would go back to reaffirm the plea agreement, or even start over,” Rubinstein said.

The Colorado District Attorney’s Council said a majority of the state’s 22 judicial districts won’t be affected, but at least four of them — 2nd (Denver), 18th (Arapahoe, Douglas, Elbert, Lincoln), 20th (Boulder) and 21st (Mesa) — have used sentences that fit those under scrutiny.

Attorney Tom Carberry, who won an earlier appeal for a client with a similar illegal sentence, said he’s uncovered at least 56 other cases with illegal sentences, the majority of them sexual assaults.  Three others are drug cases and two involve economic crimes.  All are in Denver. “Each of these defendants has the right to a lawyer appointed at state expense,” Carberry said of the breath of the Supreme Court decision.  “That will run into the millions” of dollars.

Denver DA Beth McCann did not elaborate on the scope of the problem in her jurisdiction, but said she’d rather not have to find out.  “We are very supportive of the Colorado attorney general’s plan to ask the court to reconsider its decision,” McCann said in an emailed statement. “We are concerned that if the decision stands, it will significantly impact many cases that have already been resolved.”

Other prosecutors are also trying to determine what the decision will mean for them.  “This decision will have a significant impact, for offenders and victims,” Boulder District Attorney Michael Dougherty said in an emailed statement to The Post.  “A defendant could come back to court seeking a hearing to correct an illegal sentence, or file motions alleging ineffective assistance of counsel. For survivors of sexual assault, this decision will be particularly harmful because they thought the case was over and the outcome certain.”...

In the 18th Judicial District, hundreds of cases could be impacted, many of them involving children, some going back years, according to Chief Deputy District Attorney Chris Gallo, who heads the special victims unit that handles about 500 cases a year.  “For several years now, we’ve been pursuing resolutions where there were prison and probation components, trying to balance a punishment aspect and a longer supervisory aspect to the sentence,” Gallo said.  “I can’t even fathom the ultimate outcome of this decision, how many could be released, or its impact.  But more than half of our cases would be affected.”

Mesa County’s Rubinstein said although only about a half-dozen cases in his jurisdiction are affected, they are significant.  “The pleas would be invalidated, and it could be that a new offer is rejected,” Rubinstein said, noting prosecutors cannot change the terms of the agreement without beginning the case anew. “How does that work for a guy with five years in prison already.”  

Judges could theoretically say they’re not bound by the plea agreement and a defendant could take his chances with a new sentence, Rubinstein said. “(A judge) might think there’s been substantial time (in prison) and a judge won’t want to load up with additional punishment,” he said, “and the defendants might say they’ll take their chances with the judge.”  A good defense attorney, however, could find exploitable cracks, he said.  “They’ll look to see if the case is, perhaps, worse,” Rubinstein said.  “Witnesses move, they die, they don’t wish to participate. The chances of a trial could be better from their viewpoint.”

October 24, 2019 in Procedure and Proof at Sentencing, Reentry and community supervision, Sentences Reconsidered, Sex Offender Sentencing, Who Sentences | Permalink | Comments (0)

Monday, October 21, 2019

Rounding up various accountings of FIRST STEP Act implementation realities

Today marks exactly 10 months since President Trump signed the FIRST STEP Act into law.  As noted in posts here and here, last week brought the first oversight hearing on the law in Congress. Perhaps because of that hearing, I have recently seen a number of press pieces and commentary discussing FIRST STEP implementation, and here is a round up:

From Filter by Sessi Kuwabara Blanchard, "The Consequences of an Incompetent First Step Act Rollout"

From the Providence Journal, "He was released early from prison in February. Now hes wanted for a murder on Federal Hill"

From the Providence Journal, "Nephew of Providence murder victim: Don't blame First Step Act"

From The Hill by Arthur Rizer and Emily Mooney, "Don't give up on the First Step Act"

From the Washington Times by Brett Tolman, "First Step Act is working, but the criminal justice system is still broken"

From The Crime Report by Ted Gest, "White House Pledges Hard Work on First Step Act"

October 21, 2019 in FIRST STEP Act and its implementation, Prisons and prisoners, Reentry and community supervision | Permalink | Comments (4)

Friday, October 18, 2019

"The Trouble with Reentry: Five Takeaways from Working with People Returning to Chicago from Prison"

The title of this post is the title of this notable new report from the John Howard Association. Here is part of its executive summary: nbsp;

With political backing and public will, a new reentry system can and should be built.  A foundation is currently being laid through public-private partnerships that recognize the importance of meeting the basic needs of people leaving the justice system and going back to their communities. But for such a system to succeed, it ultimately must be grounded in the principle that“[t]he dignity of the individual will flourish when the decisions concerning his life are in his own hands, when he has the assurance that his income is stable and certain, and when he knows that he has the means to seek self-improvement.”

Over the last several months, John Howard Association of Illinois (JHA) staff had occasion to learn from several young adults (all black men in their early twenties) as they attempted to navigate the world of reentry services, mandatory supervised release and reintegration back into impoverished communities in Chicago after being imprisoned for several years in both Illinois Department of Juvenile Justice (IDJJ) youth centers and Illinois Department of Corrections (IDOC) adult prisons.  Our final impression from this experience is profound skepticism at the ability of the existing reentry framework to stem the continuous cycle of people exiting and returning to jail and prison. Both conceptually and in execution, reentry as a societal project — at least in its current incarnation — does not begin to adequately address even the most basic human needs (shelter, clothing, transportation, food, medication) of returning citizens.  That being said, we were moved and inspired by the patience, dedication and sacrifices of many on-the-ground direct service reentry workers and organizations that we encountered, who tirelessly work to triage and assist an onslaught of returning citizens with desperate needs— despite inadequate resources, unreliable funding streams, and myriad bureaucratic obstacles.

Following herein are some of JHA’s real-world observations made in the process of accompanying and, at times, endeavoring to assist people as they attempted to access critical reentry supports, resources and services following their release from prison.  These five key takeaways are based on our on the ground experience navigating reentry programs and opportunities with these young men shortly after their release from prison.  This list is in no way comprehensive or exhaustive.  Rather, it highlights just some of the more immediate, pressing needs and problems that the young men whom JHA met as they left prison experienced during their first few months after leaving prison.  There were also some bright, hopeful encounters along the way. In particular we met some extraordinary, persevering, compassionate, tireless reentry workers who are dedicated to assisting people returning from prison.  Our dive into the reentry process on the whole, however, illuminated some large gaps that exist for returning citizens trying to succeed.

October 18, 2019 in Purposes of Punishment and Sentencing, Recommended reading, Reentry and community supervision | Permalink | Comments (1)

Thursday, October 17, 2019

Bold goal for the REFORM Alliance: "get 1 million people out of the criminal justice system in five years"

In this post earlier this year, I blogged about the celebrities and business leaders coming together to form the REFORM Alliance, which is committed to "dramatically reduce the number of people who are unjustly under the control of the criminal justice system – starting with probation and parole."  I have long had great respect for the commitment and vision of this group, but I was especially exciting to see this press article discussion a bold goal for the Alliance.  The piece is headlined "Inspired by Meek Mill, Michael Rubin sets a goal: Get 1 million people out of the criminal justice system," and here are excerpts:

Michael Rubin first encountered the criminal justice system when he saw rapper Meek Mill sentenced to prison for a violation of his probation. “That was a life-changing moment for me," Rubin said.

Speaking at the B.PHL Innovation Festival in the Entercom media headquarters Tuesday, Rubin explained how that moment sparked a movement.  The billionaire entrepreneur made it his mission to get Mill out of prison and, following a massive public outcry and social media campaign (#FreeMeek), he was released after five months.

Now, Rubin and Mill, who have been close friends for years, are working to transform the criminal justice system. In January, Rubin and Mill founded The REFORM Alliance, a partnership of titans in the entertainment, sports and business worlds.  They’re focusing on disrupting the probation system, which oversees 180,000 people in Pennsylvania alone, according to federal figures.

The REFORM Alliance is pushing to change Pennsylvania law to reduce the number of years people can stay on probation and to ensure people can’t be sent back to prison for technical violations.  About one in four prison admissions nationwide are due to probation violations, according to a study by the Council for State Governments Justice Center.

Pennsylvania is just the first step for the REFORM Alliance.  Rubin said the organization’s nationwide mission is to get 1 million people out of the criminal justice system in five years.  Nationwide, there are more than 4.5 million on probation and parole. “One million is a gigantic number,” Rubin said.  But he added, “I’m going to be unrelenting until we accomplish that.”...

Rubin’s got the money and the message to make a difference.  He’s the founder and CEO of Kynetic, the firm which owns online retailers Fanatics, Rue La La and ShopRunner.  He’s also a partner of the Philadelphia 76ers and a minority owner of the New Jersey Devils.

He lined up heavy hitters to build REFORM.  Other founding partners include hip-hop superstar and entrepreneur Jay-Z, New England Patriots owner Robert Kraft and Robert Smith, founder and CEO of Vista Equity Partners and the richest black man in America.  Rubin tapped political activist Van Jones to serve as the CEO of REFORM.  The group now has more raised than $50 million and is working to convince lawmakers and voters of the need for change.

October 17, 2019 in Criminal Sentences Alternatives, Reentry and community supervision, Who Sentences | Permalink | Comments (1)

Thursday, October 10, 2019

Seeking fresh perspectives on reentry and recidivism challenges

Brent Orrell, a fellow at the American Enterprise Institute, has this notable new Hill commentary under the headline "Rethinking pathways to reentry." I recommend the piece in full, and here are excerpts:

[A] declining prison population necessarily means that thousands of individuals are taking the arduous road back from prison to their communities.  For many, this road ends up looking more like a roundabout than a highway, with more than 80 percent being arrested again less than a decade after release. Much has been tried to reduce recidivism but little has been shown to have significant positive effects.  Over the past year, the American Enterprise Institute convened a group of scholars to delve into this problem, bringing together more than two dozen program evaluators, criminologists, and researchers to discuss what works and what does not in helping formerly incarcerated individuals successfully leave prison and reintegrate back into their communities.

Our research report sought to distill some insights into the state of research and practice in reentry with the goal of identifying fresh perspectives for policymakers, researchers, and practitioners working in the field. Many of these ideas will be more fully developed as part of a volume to be published in early 2020.  While the working group did not seek to develop a consensus, it did identify several critical areas of focus for advancing the work of the corrections and reentry fields.

First, it is crucial that programs operating within correctional systems and at the community level become more rigorous in their program designs. Correctional systems and reentry programs at the community level need clearly defined theories of change that lay out a strategic conceptual framework, detailed steps for reaching the desired outcomes, and metrics for determining success.  In criminal justice and reentry, causality is hard to establish and measure, and such theories would help.

Second, researchers need to focus more time and energy on program implementation. Many correctional institutions and local criminal justice systems are either unequipped or uninformed or both about how to put a particular program model into practice. The result is a mashup of partially implemented programs that bear little resemblance to the models they are based on....

The report also highlights the importance of accurately gauging the needs of incarcerated individuals and their criminogenic risk factors.  The best research shows that tailored services produce better outcomes than “one size fits all” programs that run the risk of providing individuals either too little or too much help.  To effectively align services with individual needs, correctional staff must understand criminogenic risk factors and align services to mitigate them.  These assessments might be expensive and time consuming, but the benefits outweigh the costs.

Finally, new research indicates that people may stop committing crimes suddenly rather than desist on a slow age related curve, a model that has governed our criminal justice expectations for decades. There is evidence that even those who seem most likely to recidivate make choices to become crime free, quickly reducing or eliminating the likelihood of rearrest.  While there is uncertainty about how to produce this shift, the research suggests that reentry programs should be oriented to support those who have made or are close to making the transition.

All levels of government, along with many private and philanthropic organizations, have invested billions of dollars in trying to solve the recidivism puzzle.  To date, the effect has been disappointing.  This report and the volume that will be published next year are an effort to plot multiple pathways toward possible solutions.  Some of these pathways focus on making existing approaches more effective while others seek to innovate entirely new solutions.  The bottom line is that the status quo is neither sufficient nor sustainable. For the sake of the thousands of men and women who return home from prison each week and the families and communities who receive them, we can and must do better.

The full American Enterprise Institute report discussed in this commentary is available at this link under the title "Rethinking reentry: An AEI working group summary."

October 10, 2019 in Prisons and prisoners, Reentry and community supervision | Permalink | Comments (0)

Tuesday, October 08, 2019

"Offline: Challenging Internet and Social Media Bans for Individuals on Supervision for Sex Offenses"

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

Tens of thousands of people across the United States are subject to bans on their Internet and social media access due to sex offense convictions.  This Article explains why, even for those on parole and probation, such bans are frequently over-broad, imposed on the wrong people, and are now ripe for challenge in light of the Supreme Court’s 8-0 decision in Packingham v. North Carolina

The first flaw with these bans is their mismatch between crime and condition.  They are imposed on individuals whose criminal records have no relation to online predatory activity or manipulation of minors.  The second flaw is their extreme over-breadth.  Rather than merely proscribing speech with minors or access to certain online forums, they cordon off the Internet itself, ostracizing offenders to an offline society.  While these flaws rendered Internet and social media bans constitutionally problematic before the Packingham decision, the Supreme Court’s imprimatur on free speech for individuals convicted of sex offenses could — and should — lead the way to future legal challenges of these bans.

October 8, 2019 in Reentry and community supervision, Sex Offender Sentencing, Technocorrections | Permalink | Comments (1)

Wednesday, October 02, 2019

"Creating Model Legislative Relief For People With Past Convictions"

Download (26)The title of this post is the title of this notable recent report from the folks at the Alliance for Safety and Justice.  I highly recommend the report in full, and here is part of its executive summary:

Across the United States, popular support for criminal justice reform is at an all-time high. More and more Americans of all walks of life agree that the “tough-on-crime” era resulted in bloated, costly and ineffective corrections practices.  Today, everyday people and public officials across the political spectrum support a balanced approach to public safety — one that emphasizes crime prevention and rehabilitation to stop the cycle of crime.

As states re-examine their crime policies, it is critical to also review the lifetime impacts of criminal records in preventing full rehabilitation for millions of Americans.  Meaningful rehabilitation provides people that complete their sentences and remain crime-free redemption and full re-integration into the economy, our communities and civic society. Despite growing support for rehabilitation as a primary goal of corrections, few Americans will ever become rehabilitated because criminal records prevent inclusion.

More than 70 million Americans have a criminal record.  Long after they’ve paid their debts to society, many will find themselves caught in a labyrinth of legal prohibitions and barriers that have little to do with public safety.  These restrictions place undue burdens on millions of people and impose an invisible, life-long sentence that can make it difficult to get back to work, find housing, or support their families. These barriers can also make it harder—not easier—to stay out of the cycle of crime.

As a nation, we’ve only begun to grapple with the impacts of these barriers on our society.  These restrictions prevent, millions of people with past convictions from getting work, which in turn may lead to families in living in unstable housing or contribute to homelessness, and to millions of children growing up with parents that cannot fully contribute to their families, or our economy.

Some states have taken steps to limit the debilitating impacts of criminal records on economic productivity and family stability after a person’s time is served.  But most current law, policies and processes fall short of bringing widespread relief....

This brief offers guidelines for legislation that would begin to make rehabilitation meaningful and provide relief for people with past convictions so they can contribute to the economy and society as a whole....

The first step for policymakers interested in moving toward a more evidence-based, safety-centered legal model for removing the barriers imposed by past arrests or convictions is to ask key questions about how current laws, policies and practices are working.

October 2, 2019 in Collateral consequences, Reentry and community supervision, Who Sentences | Permalink | Comments (1)

Friday, September 27, 2019

"Housing and Recidivism: The Critical Link to Reducing Louisiana’s Bulging Prisons"

The title of this post is the title of this new paper by Angela Decoteau recently posted to SSRN. Here is the abstract:

Louisiana has one of the highest incarceration rates in the United States in part because it has a high recidivism rate.  One of the reasons ex-offenders return to jail is that they cannot find adequate housing after serving their time.  As an inexperienced property manager of a mobile home park in rural Louisiana, the author gained an awareness of the re-entry hurdles ex-offenders face, in a most unexpected way.  The park refused any potential resident who had a criminal background.  One day a small unassuming man walked into the office, crumbled criminal background check in hand.  His rejection certain, he nevertheless pulled out a large three-ring binder. “I know I’ve messed up in my life, but I’ve turned it around, and here’s my proof.”  The author sat in silence as he paged through numerous certificates and glowing letters from prison guards, employers, and teachers both during and after his incarceration.  The author was able to secure a waiver of the policy, and he became one of the best tenants the park ever had.

This Article explores housing problems faced by the formerly incarcerated.  It continues with a discussion of the problems faced by property managers in considering ex-offenders’ applications. Louisiana’s antiquated criminal system denies the formally incarcerated any easy means to prove the extent of their rehabilitation.  To further complicate matters, property managers are denied access to the very information they most need to assess applicants’ qualifications.

The Article recommends a three-pronged approach: (1) expand the criminal record to include communication about the ex-offender’s behavior while incarcerated; (2) allow web access to property managers regarding justice of the peace housing judgments; (3) and enact legislative changes that would protect the formerly incarcerated from discrimination.

September 27, 2019 in Prisons and prisoners, Reentry and community supervision | Permalink | Comments (3)

Thursday, September 26, 2019

Thoughtful commentary on the back-end realities and challenges of the criminal justice system

This week I have seen a number of important and thoughtful commentaries about important aspects of the back-end of modern criminal justice systems.  Here are two I recommend with brief excerpts:

From Joe Griffin and Arthur Rizer in the Tulsa World, "Probation and parole violations — often for technical offenses — are filling Oklahoma prisons, and it's time to do something about it":

A 2017 report drafted by the Council of State Governments shows roughly 24% of Oklahoma prison admissions were due to probation violations. That translates to roughly 3,000 people behind bars. Of those 3,000, more than half are in prison for a technical violation, such as staying out past curfew or missing a meeting. The annual cost to incarcerate these individuals is approximately $32 million.

If someone violates their terms of supervision, there should be consequences. Even more, if one poses a legitimate danger to the community, prison may be the best solution. But is sending a large number of individuals to prison who violate only the technical aspects of their supervision effective for public safety or fiscally responsible?

From J.J. Prescott and Sonja Starr in the Detroit News, "Clean-slate legislation strengthens Michigan":

For years, Michigan has offered certain offenders a chance to set aside their criminal records through expungement. But this path has been long, narrow and rocky at best, so few people have been able to take advantage of it. Now, the state Legislature is considering adopting a package of new bills to expand set-aside access. We strongly urge it to do so.

We recently conducted a major study of the effects of Michigan’s set-aside procedure. We found that while very few people with records get set-asides, those who do have great outcomes. In particular, we find that expungement is associated with large improvements in employment opportunities. Wages increase by close to 25% in just a year as people who had been unemployed became able to find stable work.

We also find nothing to suggest that granting someone a set-aside puts the public at risk, as skeptics have sometimes suggested. Those who receive set-asides are less likely to commit a new crime than the general adult population of Michigan. The rate of serious or violent re-offending is almost zero.

UPDATE: I just saw this AP article in this same vein headlined "Prosecutor aims to help people clear records of drug crimes." It starts this way:

Thousands of people in Utah’s largest county would be able to clear their records of drug crimes under a push announced Tuesday that advocates say goes further than many similar efforts around the nation.

The move by Salt Lake County District Attorney Sim Gill, which is expected to be approved by a judge, could make about 12,000 people eligible to expunge their records and remove obstacles to getting jobs, housing and education, he said. “Having a criminal record is the modern-day equivalent of being forced to wear a scarlet letter,” Gill said. “If we’re going to have any meaningful reform, we must first make sure when you have paid your debt to society these barriers are eliminated.”

The push comes amid a wave of criminal justice reforms in the U.S. A number of states and cities have moved to allow people with marijuana-related convictions to clear their records in places where the drug has been legalized.

In Utah, one of the most conservative states in the country, the GOP-dominated Legislature has passed a law allowing many misdemeanor crimes to be automatically expunged for people who stay out of trouble for a set period.

The move by Gill, a Democrat, would turn thousands of felony convictions into misdemeanors, allowing them to be automatically wiped away when the new state law goes into effect next year.

The plan goes further than many reforms elsewhere in the country because it includes a wide range of drug-related convictions, some dating back two decades, said Miriam Krinsky, executive director of the group Fair and Just Prosecution, which works with prosecutors around the country on criminal justice reform. The Utah effort is extraordinary, she said. Gill’s office sorted through drug-related convictions from 1997 through 2015, looking for people with misdemeanors and low-level drug possession felonies who had stayed out of trouble for at least five years.

September 26, 2019 in Collateral consequences, Procedure and Proof at Sentencing, Reentry and community supervision | Permalink | Comments (1)

Saturday, September 21, 2019

Honoring the second annual "National Expungement Week"

NEW2019_Flyer_No_Citiesv1_Square1080Today begins, as detailed here, the second annual "National Expungement Week" running until September 28.  I have been excited and proud to play a small role in these important activities by helping identify law students to participate in a local record sealing clinic.  (Applicable law in Ohio allows for only a very few types of criminal convictions to be expunged, but a much larger number of convictions are subject to sealing.) 

Notably, Columbus is not shown among the more than two dozen localities listed here as having expungement week events; I suspect and sincerely hope  there may be many other places with expungement-related activities taking place this week.  This Forbes article, headlined "Second Annual National Expungement Week (N.E.W.) Helps People Clear Criminal Records," provides these additional details:

A coalition of more than three dozen organizations working at the intersection of the cannabis industry, racial equity, and reparative justice, led by Equity First Alliance and Cage-Free Repair, conceived the week to highlight the need to fully integrate those disenfranchised by the war on drugs within their respective communities.

Events to be featured throughout the week include free clinics to help remove, seal, or reclassify eligible convictions from criminal records (depending on local legislation), as well as provide expungement education workshops and complimentary services.

N.E.W. events have inspired teams of attorneys, organizers, and activists nationwide to continue to increase expungement opportunities where possible, with over 40 events scheduled to take place throughout the week.

Cities featuring participating events have nearly doubled from 16 in 2018 to 30, including major hubs such as Atlanta, Boston, Chicago, Denver, Detroit, Honolulu, Los Angeles, New York, Newark, Philadelphia, San Francisco, and Washington, DC.

And this Rolling Stone article, headlined "Seth Rogen Details How to Clear Your Criminal Record in New PSA," highlights a notable celebrity contributing to the effort.

Long-time readers should recall my old article, titled "Leveraging Marijuana Reform to Enhance Expungement Practices," which includes discussion of various legal and practical barriers that can often unduly limit the ability of individuals to break away from the collateral consequences of long-ago minor criminal convictions.  I call this article "old" because, though published less than 18 months ago, there has been dramatic improvement in the efforts of marijuana reform states to foster the erasure of past marijuana convictions.

That said, my old article still includes a new and novel proposal: the creation of new criminal justice institution, a Commission on Justice Restoration, to be funded by the taxes, fees and other revenues generated by marijuana reforms and to be tasked with proactively working on policies and practices designed to minimize and ameliorate undue collateral consequences for people with criminal convictions.  Special private-actor programming in the form of "National Expungement Week" can do great things, but the undue burdens of a criminal convictions are fundamentally a public problem in need of a public institutional solution.

September 21, 2019 in Collateral consequences, Reentry and community supervision, Who Sentences | Permalink | Comments (2)

Sunday, September 08, 2019

Study suggests outdoor community service especially effective at reducing recidivism

The harms of solitary confinement and other extreme form of indoor isolation in correctional settings have been widely documented.  But this recent study, titled "The Effect of Horticultural Community Service Programs on Recidivism" and authored by Megan Holmes and Tina Waliczek, spotlights the potential benefits of outdoor community programming for justice-involved individuals.  Here is it abstract and final paragraph:

The average cost of housing a single inmate in the United States is roughly $31,286 per year, bringing the total average cost states spend on corrections to more than $50 billion per year. Statistics show 1 in every 34 adults in the United States is under some form of correctional supervision; and after 3 years, more than 4 in 10 prisoners return to custody. The purpose of this study was to determine the availability of opportunities for horticultural community service and whether there were differences in incidences of recurrences of offenses/recidivism of offenders completing community service in horticultural vs. nonhorticultural settings.  Data were collected through obtaining offender profile probation revocation reports, agency records, and community service supervision reports for one county in Texas.  The sample included both violent and nonviolent and misdemeanor and felony offenders.  Offenders who completed their community service in horticultural or nonhorticultural outdoor environments showed lower rates of recidivism compared with offenders who completed their community service in nonhorticultural indoor environments and those who had no community service.  Demographic comparisons found no difference in incidence of recidivism in comparisons of offenders based on gender, age, and the environment in which community service was served. In addition, no difference was shown in incidence of recidivism in comparisons based on offenders with misdemeanor vs. felony charges.  The results and information gathered support the continued notion that horticultural activities can play an important role in influencing an offender’s successful reentry into society....

Results of this study found those who completed any type of community service had less incidence of recidivism compared with those completing no community service. Results also found that offenders who completed their community service in horticultural or nonhorticultural outdoor environments showed lower rates of recidivism compared with offenders who completed their community service in nonhorticultural indoor environments and those who had no community service. When possible, community service options should be made available to those on probation or parole and include the opportunity for exposure to nature and the outdoors.  Past research (Latessa and Lowenkamp, 2005) found within correctional facilities that rates of recidivism were not affected from standard institutionalized punishment alone. However, basic adult education programs were an effective and promising method for lowering rates of recidivism among adult offender populations (Cecil et al., 2000).  Therefore, participating in horticultural programs on being released from prison or while on probation for the continuation of vocational and/or cognitive-behavioral training championed with community service could provide a sense of meaning and purpose to the individual, which could prove helpful for a successful transition back into society.  Future studies should investigate further the impact of the role of horticulture in the results of this study by comparing nonhorticultural outdoor, horticultural outdoor, and horticultural indoor activities as community service options in a similar study on the impact of recidivism.

September 8, 2019 in National and State Crime Data, Prisons and prisoners, Reentry and community supervision | Permalink | Comments (1)