Corrections

Carrying out the sentence of the decreed by the judicial system– History of Corrections– Community Corrections– Intermediate Sanctions– Institutional Corrections

Colonial America (1600s-1750s)

Punishment was public Punishment was corporal or capital Prison-like institutions existed, but were

not used as “punishment”

COPORAL PUNISHMENTS

The Rise of the Penitentiary (1750-1800) William Penn

– Revised criminal code in Pennsylvania to forbid torture and mutilation; ordered new “houses of correction”

Walnut Street Prison (1790)– Other states (New Jersey, New York)

followed

Walnut Street Jail and Eastern Penitentiary

Pennsylvania vs. Auburn System

Pennsylvania – Western Penitentiary, Eastern Penitentiary– Silent System

New York– Auburn Prison – Congregate System

Only difference? – Isolation of inmates during the day

Corrections in the 1800s

Auburn System wins debate– Easier to perform labor; the only way to

perform factory labor– But, prison brutal, corporal punishment

prevalent Prison building boom (1850s) Prison Industry

– Contract system, convict-lease, state account

The Progressive Era (early 1900s) to the 1960s The Progressives attacked many social

ills (working conditions, poverty….) In Criminal Justice

– Rehabilitation (not punishment, penance) should be the goal of corrections• Psychology/Sociology “Causes”

– Platform of indeterminate sentences, probation, parole…

Corrections from 1970 to present Faith in rehabilitation crushed

– Liberals = justice model, Conservatives = punish

1970s = deterrence 1980s-2000s: deterrence/incapacitation

– Return to determinate sentencing– 3 strikes legislation, mandatory minimums,

harsh sentencing guidelines…– Chain gangs, “strip-down” prisons

Conscience and Convenience Why were the first prison built?

– Revulsion of Gallows “Penitentiaries”– Then, “Correctional Facilities”

Why do we still build prisons if we no longer believe in rehabilitation? – Incapacitation as the “default” goal of

prisons….or “convenience”

The Corrections Continuum

Probation Intermediate Sanctions Jails Prisons

Probation Father of Probation is John Augustus Formally adopted in progressive era Suspend sentence, in return, offender

abides by “conditions of probation”– Conditions set and enforced by judicial

system– Offenders who “fail” may have probation

revoked, and original sentence imposed

Functions of Probation Departments

Pre-sentence Investigation (PSI)– Interview offender, case history, tied to

rehabilitation– Includes recommendation for sentence

Supervision of Offenders– Counseling, meet with offenders– Help with job, broker community resources– Supervise (house visits, drug testing)

Use of Probation

Almost 2/3 of the total corrections population is on probation– Roughly 4.2 million offenders are on probation – Average Caseload = 120

Goal has shifted– Rehabilitation (1920-60s) to supervision/zero

tolerance (1980s-1990s) to “balanced” (?)

Parole Parole as release from prison

– Discretionary release– Parole board = appointed by governor

• Related to rehabilitation and intermediate sentences

Parole as supervision– Similar to probation supervision– Early release a privilege, therefore must follow conditions of

release– Many states abolished parole release in 1980s, but now

retain supervision • “Post-custody supervision” or “Community Control”

How “effective” are probation and parole supervision? Cost savings

– Probation and parole are much less expensive than prison

Recidivism– Large differences in “recidivism” across

jurisdictions– As high as 65% (California felons), as low

as 25% (Huntsville, TX)– Depends upon “risk” of clients

Intermediate Sanctions

Probation Prison Death

ISP EM Boot Camp

WHY do these critters exist?

Prison crowding in 1980s Probation viewed as failure Need for “continuum” of sanctions

What is the goal of these critters?

Divert offenders from prison (save money)

Reduce recidivism (through deterrence) Provide an option to judges that fits

between prison and probation

Intensive Probation or Parole Supervision (IPS) Idea is to “soup up” traditional

supervision– Reduce Caseloads (15 to 40 offenders)– Daily contact with offender– Routine drug testing– Curfews, home and employment visits

Do ISP’s work?

Do ISP’s divert from prison? – NO, judges are reluctant to send “prison-

bound” offenders to ISP (Net Widening)

Do ISP’s reduce recidivism?– NO, when compared to similar group of

offenders, they actually do worse (fishbowl effect)• Movement over past decade to use ISP as a way

to enforce treatment

Shock Incarceration (boot camps)

Short, intense incarceration to “shock” the offender into his/her senses– military drill and discipline, physical exercise, hard

physical labor– typically reserved for young, non-violent, first-time

offenders– short time-span, typically 6 months

Do boot camps work?

Reduce Recidivism? – NO, boot camp graduates have similar recidivism

rates as offenders who receive different sanctions

Divert Offenders?– Depends upon where in the system they are

diverted – Very small numbers compared to prisons, so not a

lot of “diversion”

Home Confinement and Electronic Monitoring Home confinement is an old practice Electronic Monitoring is used to enforce

home confinement– Technology emerged in the 1980s– Most are bracelets that work like invisible dog

fences• Newer GPS devices

– Key issue = what is done when violate confinement

Residential Community Corrections Traditional “Half-way house”

– Used to reintegrate prison inmates into society

Now– Traditional functions– Sanction for probation violators– Day reporting centers– Split sentences (probation + RCC time)

How do RCC’s Work?

Typically, they are house-like structures (not prison-like)– Inmates (clients) are usually free to leave

during the day (job, classes)– Return at night

IMS and Recidivism

None of these sanctions have demonstrated recidivism reductions.– Why not? All of them are based on the principle of

specific deterrence. Example of boot camp--why would this reduce recidivism?

– Exception: some incorporate intervention programs grounded in good theory

Institutional Corrections

Go to jail, go directly to jail, do not pass go, do not collect $200

JAILS

County Level Institutions– Usually run by Sheriff and deputies

House inmates (less than 1 year) and pre-trial detainees

Conditions notoriously poor– Little programming, no medical facilities– Violence, shifting population, suicide rates

high

Prisons

Hold individuals sentence to at least 1 year

Operated by the executive branch– Federal Bureau of Prisons (BOP)

• 98 Facilities• 126,000 inmates• Most inmates (60%) are serving time for drug

offense• Prisons ranked on a 1 to 6 scale (1 = FCI in

Colorado)

State Prisons

Over 500 prisons, and 1.5 million offenders

Governor typically appoints warden Organization

– Maximum (razor wire, guard towers…)– Medium (similar to max, but less serious

offenders)– Minimum (typically campus style)

Since the late 1970s, the total number of inmates in custody has increased dramatically

Why the dramatic increase? Change in public opinion, and political

emphasis– Three strikes laws, “truth in sentencing” – Longer sentences in “guidelines”– Drug Policy – Increase in felony convictions

Factors that do not clearly influence incarceration – Crime rates, Economy

Profile of Prison and Jail Inmates Racial Profile

– 35% White, 44% Black, 11%, Hispanic– 11% of black males in 20s and 30s

Most (98%) are male Most are poor, with less than a high

school education Majority (60%) have been in prison

before

What type of offenders go to prison?

Does (did) incapacitation “work?”

Yes and No– Yes: small to moderate reductions in crime levels

for certain offenses (burglary, theft, robbery).• Doubling the prison population (200,000 to 400,000)

reduced these crimes by 18% over a decade• But, doubling again, will have less of an effect!!

– NO: Little if any effect on murder, rape, simple or aggravated assault….

– Zero effect on drug crimes (replacement) “Does it work” as wrong question

The Inmate Economy A black market exists in almost all

prisons– Sex, drugs, alcohol, food, better living

conditions…– What is the currency of the prison economy?

Used to be cigarettes…now stamps… Why not “stamp out” the prison

economy?– Guards are pragmatic – Some guards are part of the economy

Does Rehabilitation Work? Martinson (1975) “nothing works”

– He later recanted his position, and argued that some things do “work,” but nobody listened

Don Andrews (Canadian Psychologist)– Much “rehabilitation” is “correctional

quackery”– What works? Evidence-Based Corrections

• Cognitive/Behavioral based programs• Intensive intervention with follow-ups