Justice Reinvestment in the US: A Paradox

1. Justice Reinvestment in the US: A Paradox Faye S Taxman, Ph.D., University Professor George Mason University Center for Advancing Correctional Excellence! www.gmuace.org

2. Justice Reinvestment • Look at the impact of incarceration practices on society, and alter the use of incarceration • Reinvest in crime prevention as a tool of reducing impact of mass incarceration policies • Address social disparities result from mass incarceration policies

3. Correctional Spending Absorbs Resources: Books vs. Bars +127% Spending increases between 1987 and 2007 +21% Higher Education Corrections Source: The Pew Charitable Trusts, 2008. One in 100: Behind Bars in America 2008.

4. The United States has the highest prison population rate in the world, 756 per 100,000, followed by: Russia (629) Rwanda (604) St Kitts & Nevis (588) Cuba (531) U.S. Virgin Is. (512) British Virgin Is. (488) Palau (478) Belarus (468) Belize (455) Bahamas (422) Georgia (415) American Samoa (410) Grenada (408) Anguilla (401) Nearly 3/5 of countries (59%) have rates below 150 per 100,000. Sources: The Pew Charitable Trusts, 2010. Collateral Costs: Incarceration’s Effect on Economic Mobility. Walmsley, 2007. World Prison Population List (7th Edition).

5. Correctional System Reach is Deep 4:100Adults under Correctional Control 1:100 Adults Incarcerated 3.5:100 Youth Involved in JJ System 1:5Adults with a Criminal Record 3:5:100 Adults will serve “time” in their lifetime 1:28 Children with a parent behind bars Sources: Glaze & Maruschak, 2009. Parents in Prison and Their Minor Children, 2009. Bureau of Justice Statistics. O’Brien & Darrow, 2007. Adverse Employment Consequences Triggered by Criminal Convictions.

6. The Growing Use Of CJ Control: 293 % growth in ~30 years Total Number of Index I Offenses Sources: Glaze, 2009. Correctional Populations in the United States, 2009. Bureau of Justice Statistics. Langan & Levin, 2002. Recidivism of prisoners released in 1994. Federal Sentencing Reported, 15(1), 58. Uniform Crime Reports, 2010. U.S. Department of Justice. http://www.ucrdatatool.gov Bureau of Justice Statistics Correctional Surveys, 2009. The Annual Probation Survey, National Prisoners Statistics Program, Annual Survey of Jails, and Annual Parole Survey.http://bjs.ojp.usdoj.gov/content/glance/corr2.cfm

7. Justice reinvestment is a data-driven approach to improve public safety, reduce corrections and related criminal justice spending, and reinvest savings in strategies that can decrease crime and strengthen neighborhoods. The purpose of justice reinvestment is to manage and allocate criminal justice populations more cost-effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. (https://www.bja.gov/ProgramDetails.aspx?Program_ID=92)

8. Initial Preliminary Results • Criticisms (2008+) that • No major impact on incarceration rate • Use of jail instead of prisons in some jurisdictions (California) • Use of residential halfway houses instead of prisons (Texas) • Invest in more law enforcement officers • Focus at state level, instead of at the community level • Little investment in “what works” programming

10. Evidenced Based Practices Leads to Better Positive Outcomes • Education (Psycho-Social) • Non-Directive Counseling • Directive Counseling • Motivational Interviewing • Moral Reasoning • Emotional Skills • 12 Step with Curriculum • Cognitive Processing • Cognitive Behavioral(Social Skills, Behavioral Management, etc.) • Therapeutic Communities • Contingency Management/Token Economies • Intensive Supervision • Boot Camp • Case Management • Incarceration • TASC • DTAP (Diversion to TX, 12 Month Residential) • Tx with Sanctions (e.g. Break the Cycle, Seamless System, etc.) • Drug Courts • RNR Supervision • In-Prison Tx (TC) with Aftercare

11. Evidenced Based Practices Not Practiced • Education (Psycho-Social) • Non-Directive Counseling • Directive Counseling • Motivational Interviewing • Moral Reasoning • Emotional Skills • 12 Step with Curriculum • Cognitive Processing • Cognitive Behavioral(Social Skills, Behavioral Management, etc.) • Therapeutic Communities • Contingency Management/Token Economies • Intensive Supervision • Boot Camps • Case Management • Incarceration • TASC • DTAP (Diversion to TX, 12 Month Residential) • Tx with Sanctions (e.g. Break the Cycle, Seamless System, etc.) • Drug Courts • RNR Supervision • In-Prison Tx (TC) with Aftercare

12. Communities Neglected • Children: More than 4 in 10 fathers were black, about 3 in 10 were white, and about 2 in 10 were Hispanic… 1:28 children have a parent in prison (Glaze & Maruschak, 2009). CHILDREN SPEND TIME IN PRISON • Communities: Offenders tend to return in concentrated areas, creating instability to the areas, including increased STDs, pregnancy rates, and lack of male role models (Rose & Clear, 1998; Thomas & Torrone, 2006) • Serving time reduces hourly wages for men by approximately 11 percent, annual employment by 9 weeks and annual earnings by 40 percent. By age 48, the typical former inmate will have earned $179,000 less than non CJS (Western & Petit, 2010) Source: JFA Institute and Justice Mapping Center, 2007. Probation and Prison Geography.

13. Justice Reinvestment • A commitment to communities • A commitment to issues of social inequities • A commitment to crime prevention as compared to crime control • Challenging public policy but doable with policy tools like RNR Simulation Tool • www.gmuace.org/tools

14. Jurisdiction-level Impact of RNR • Jurisdiction A implements new treatment matching strategy and highly effective programming • Currently: 35.4% new conviction rate within 3 years • High fidelity CBT program with risk-appropriate dosage Bourgon & Armstrong, 2005; Caudy et al., 2013

15. www.gmuace.org/tools