Day: January 16, 2018
“We care (about prison education), very simply, because (prisoners) get out. Almost everyone who is locked up now is going to be set free one day. If we treat prisoners like animals the whole time they are locked up, that’s what we’ll get when they’re back on the streets: wild, dangerous animals.” ― Christopher Zoukis, College for Convicts: The Case for Higher Education in American Prisons
Parole in the United States originated in the Elmira Reformatory in New York State in 1867 as an option for the early release of individuals for good behavior and a means to reduce institutional overcrowding. In the early twentieth century, it came to be viewed as a tool for intermediate sentencing in furtherance of the goal of rehabilitation. However, during the 1970s concerns regarding the integrity of indeterminate sentencing arose due to increasing crime rates, a lack of empirical knowledge regarding effective correctional interventions, insufficient allocation of resources for rehabilitative interventions, and the so-called war on drugs.
In addition, concerns were raised about inconsistent decision-making by paroling authorities that resulted in apparent unfairness and inequity in release decisions deemed arbitrary, capricious, racially biased, and resulted in unjustifiably disparate sentences. Also, studies in the 1970s (conducted by Martinson and Brody) found a paucity of convincing evidence that rehabilitation reduces recidivism.
During the 1980s incarceration came to be conceptualized as punishment (i.e., just deserts), and by the late 1980s and 1990s as a means of incapacitation and deterrence with far less concern for equity and proportionality in sentencing. Mandatory minimum sentences, three-strikes, truth-in-sentencing, and mandatory sex offender registration laws were enacted.
Rehabilitation was discarded, often coupled with the reduction or elimination of discretionary parole release. This gets tough on crime stance resulted in an explosive growth in prison populations, rates of incarceration, and costs of construction and operation of prisons.Ironically, as sentencing models focused more and more on punishment and incapacitation, research was providing evidence of effective interventions for reducing recidivism along with the ineffectiveness of incarceration.
Along with the shift from rehabilitation to punishment, the mission of parole to support reintegration shifted to reflect the get tough on crime stance resulting in fewer releases prior to the expiration of sentences, holding individuals who were released for greater portions of their maximum sentences, and increasing rates of parole revocation and re-incarceration.
By the 1990s the United States incarcerated more persons per capita than any other country with over two million adults behind bars, amounting to an incarceration rate of about one in one hundred. At the onset of the twenty-first century, the criminal justice system faced a rising prison population serving longer terms along with significantly diminished resources for prison-based programming, increased parole and probation caseloads, and scarce resources for returning citizens. Corrections costs (nearly ninety percent of which are allocated to prisons) soared creating serious budgetary pressures and accounting for significant amounts of states’ general fund discretionary dollars. Growing numbers of returning citizens and serious fiscal crises facing many states gave rise to a burgeoning interest in reentry.
During the 1980s and 1990s, parole release and supervision focused primarily on enforcement and surveillance, using monitoring to stress compliance with conditions of release. Increasing rates of incarceration and release have resulted in increasing numbers of persons under community supervision posing significant challenges to parole/probation agencies as resources have not kept pace with these increases. By the turn of the century, parole revocation practices came under increasing scrutiny and efforts designed to reduce the rate of parole revocations, especially for technical violations, and promote the more effective reintegration of returning citizens have become a major focus. Studies show that individuals released on parole at the discretion of a releasing authority are more likely to successfully complete their parole term without re-incarceration than individuals released through a mandatory system.
The majority of returning citizens have not experienced successful community reentry.
According to data from the U.S. Department of Justice (DOJ), two-thirds (67.5%) of individuals released from prison are rearrested within three years more than half of whom are reincarcerated. Studies have shown that returning citizens are at highest risk for recidivism during the first six months after release when almost one-third (29.9%) are rearrested. Despite public perception that people on parole are more likely to commit crimes, the vast majority do not return to prison for a new offense. Seventy percent are re-incarcerated4 due to technical parole violations (e.g., missing appointments and not maintaining employment) rather than for the commission of new crimes.
Returning citizens are faced with significant challenges to successful reentry including reuniting with family and significant others, finding jobs and housing, and remaining substance-free while avoiding high-risk situations that can trigger relapse and recidivism. More individuals are released from longer terms of incarceration and are more are likely to have health or substance abuse problems which exacerbate these challenges. In addition, limited availability of jobs, housing, and social services in a community can adversely impact successful reintegration.
Fifty-five percent of adults involved in the criminal justice system have minor children and parents who are incarcerated can owe an average of more than $20,000.00 in child support debt at the time of release. There is now a substantive and growing research base of effective correctional practices that
promote successful reentry. Strategies that can significantly reduce recidivism have been identified, including prison and community-based cognitive-behavioral therapy (CBT), substance abuse treatment, relationship enhancement skills (e.g., motivational interviewing), vocational and educational programming, and community supervision that includes a case management focus along with rewards and sanctions and linkages with appropriate treatment and service
and support providers.
In sum, the large numbers of returning citizens, a significant proportion of whom are reincarcerated, concerns regarding community safety, state fiscal crises, and increasing correctional costs, as well as research on evidence-based correctional interventions, are now driving contemporary correctional practice. These have led to a shift in focus in correctional institutions from custody and control to preparing individuals for their release starting from admission and continuing throughout community supervision and beyond. Parole’s traditional emphasis on surveillance and enforcement of conditions (i.e., identifying violations and quickly revoking parole for noncompliance) is being replaced by a focus on transition and successful reintegration.