Showing posts with label prison overcrowding. Show all posts
Showing posts with label prison overcrowding. Show all posts

Friday, May 4, 2012

The Cautionary Instruction: Using the medical model in the criminal justice realm

Matthew T. Mangino
The Pittsburgh Post-Gazette/Ipso Facto
May 4, 2012

Anyone who has had a recent medical procedure knows that insurance companies are tightening the purse strings. Insurers are not paying for needless, unproven procedures -- treatment not supported by medical research.

The criminal justice system is experiencing the same phenomenon. The government controls the purse strings. Tough economic times are prompting a new look at spending priorities at all government levels, and scientific evidence of a program’s success or failure may play a part in whether it survives a budget cut.
The difference between medicine and criminal justice is that medical practitioners know what works -- criminal justice practitioners don’t.

A doctor in Georgia will treat the symptoms of acute myocardial infarction (AMI), or heart attack, with the same general protocol as doctors in Oregon or Kansas. The current protocol for treating patients with AMI is either pharmacological (clot-dissolving therapy) or mechanical (coronary angioplasty).

Criminal justice is different. Although criminal justice practitioners boast of using evidence-based practices there are no standard best practices accepted by all criminal justice practitioners.

A review of efforts across the nation to deal with prison overcrowding is instructive:

Pennsylvania plans on reducing inmates and costs by weeding out inefficiencies. The Department of Corrections suggests that slow processing keeps about 1,900 inmates per year in prison when they could safely be released on parole. Better processing alone could save nearly $61 million a year.

New Hampshire is considering privatizing its prison system. The state's prison population climbed 31 percent between 2000 and 2010 despite a stable crime rate. Half of that increase was attributed to inmates who leave prison and return for a parole violation or a new offense.

California has gone through an unprecedented realignment of its prison system shifting responsibility for a significant number of prisoners from state prisons to local county jails. This realignment has also shifted responsibility from the courts to the sheriff to release individuals who are in jail on bond pretrial, a significant portion of the county jail population.

Mississippi is testing a global-positioning device that costs about $13 a day per convict to keep tabs on individuals — far less than the $41.74 cost to house and feed a prisoner. Elderly and terminally ill inmates are being released to their families, or hospices, saving nearly $5 million.

Alabama, Colorado, Kentucky, and Rhode Island have reduced or eliminated jail or prison time for parole and probation violations, opting instead for stricter supervision and alternative sentences like community service.

Arkansas, Louisiana and Texas have attempted to reduce recidivism by stronger emphasis on reentry planning that is tailored to meet individuals' needs.

Florida and South Carolina have created alternative sentencing options for low-level, low-risk offenders, such as probation instead of jail time.

Tennessee and Virginia have removed minimum sentencing requirements for certain drug-related violations.

Above are 16 different approaches to the same problem. Why can’t prison wardens and corrections officials agree on a best practice to reduce prison crowding? Imagine a different treatment protocol in every state for AMI.

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Monday, December 12, 2011

California Shifts Prisoners from State Prison to County Jails

In California the early release of inmates has become the means by which the state is complying with a U.S. Supreme Court order to lower its prison population.  As the state empties its prisons county jails struggle to accommodate state prisoners flowing into their facilities.
A U.S. Supreme Court decision requires California to lower its prison population by 30,000. To meet the mandate, those convicted of certain crimes who until now served their sentences in state prison now must serve their time in a county jail. No inmates are being moved from state prisons to county jails. But as these people are sentenced, they will be sent to a county jail rather than state prison, according to the Los Angeles Times.

The L.A. County Sheriff is hoping to deal with the influx of state prisoners by developing alternatives to custody — such as electronic monitoring — for low-risk offenders awaiting trial.  The Sheriff’s Department oversees the county jail.  According to the Times, L.A. County's jails are expected to house as many as 8,000 state prisoners by mid-2012. Los Angeles County prosecutors said in a report that the numbers could fill up the jails as early as this month.

Some counties, including Los Angeles, are under court order to prevent jail overcrowding. So officials said that some inmates will be released to make way for the state prisoners. Some counties — including Los Angeles, Orange and San Bernardino — have also reported receiving significantly more state prisoners from courts than the state projected, reported the Times.

State officials and some sheriffs believe the higher-than-projected number of state prisoners being sent to jails has occurred in part because defense attorneys waited until realignment took effect to settle their clients' cases. By doing that, the attorneys were assured that their clients would get jail time instead of prison time.

Sunday, December 11, 2011

Will private prisons work?

The Youngstown VindicatorDecember 11, 2011

Ohio was facing an $8 billion budget shortfall in 2010 when Gov. John Kasich took office. He proposed an ambitious and unprecedented plan to balance the corrections portion of the budget — sell five prisons to private companies.

Lake Erie Corrections Institution, located in Ashtabula County, was the only prison sold. It’s the first state prison in the nation to be sold to a private company.

Correction Corporation of America (CCA) bought the facility for $72.7 million. The state will pay CCA $44.25 per inmate per day in addition to an annual $3.8 million ownership fee.

CCA may be familiar to many because the company operates the Northeast Ohio Correctional Center in Youngstown. The state’s ability to sell only one of five prisons slated for sale was not a concern for the Department of Rehabilitation and Correction. “It’s not a disappointment at all,” Annette Chambers-Smith, deputy director of administration told the Cleveland Plain-Dealer, “... we thought we would need to sell all five of them to net $50 million.”

Major player

CCA operates 60 facilities in 19 states and the District of Columbia. Those facilities have more than 80,000 beds and currently house about 75,000 offenders. CCA owns 44 of the facilities it operates, representing more than half of all the private prison beds nationwide. According to the company website, CCA with its 17,000 employees is the fifth-largest corrections system in the nation, behind only the federal government and three states.

Privatization may seem like a promising way to generate revenue and cut costs in difficult economic times. Ohio’s prisons are over capacity. As of October, Ohio’s 30 prisons had the capacity to house 38,196 inmates, but actually confined 50,334.

There is an incarceration bubble in America. That bubble may burst as budget woes force states to reduce prison populations andthe federal government look for alternatives to an immigration policy that has been a boon to private prisons.

Prison reduction efforts are obviously not part of the package offered by corporate-run prisons. They have no incentive to explore alternatives to incarceration, such as electronic monitoring, half-way houses or other diversionary efforts to reduce the number of non-violent offenders behind bars.

Ohio, like many states, is trying to reduce its prison population. Nonviolent offenders often serve the shortest sentences. There are about 12,000 inmates in Ohio serving state sentences of less than one year. Some estimate that reducing short term sentences in state prison could trim inmate population by about 4,000 within four years.

The Texas-based criminal justice blog Grits for Breakfast recently reprinted portions of CCA’s latest annaul 10-K report filed with the U.S. Securities and Exchange Commission. CCA acknowledged that the company is “dependent upon the governmental agencies with which we have contracts to provide inmates for our managed facilities. We cannot control occupancy levels at our managed facilities ... a decrease in our occupancy rates could cause a decrease in revenues and profitability.”

The report continues, “The demand for our facilities and services could be adversely affected by…leniency in conviction or parole standards and sentencing practices.”

Federal threat

CCA is not ignoring the threat of leniency or a reduction in occupancy. According the Chattanoogan, citing a report from the National Institute on Money in State Politics, CCA hired 199 lobbyists in 32 states between 2003 and 2010. On the federal level, CCA spent more than $18 million on lobbying between 1999 and 2009.

CCA’s Ohio lobbyist, Don Thibaut, served as Gov. Kasich’s chief of staff when he was in Congress, says The Associated Press. The connections go beyond a lobbyist. Kasich’s corrections director Gary C. Mohr spent five years as a consultant for CCA.

The incarceration bubble, like the real estate bubble before it, will burst, which could mean trouble for Ohio taxpayers.

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