Incarceration prevention in the United States

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Incarceration prevention refers to a variety of methods aimed at reducing prison populations and costs while fostering enhanced social structures. Due to the nature of incarceration in the United States today caused by issues leading to increased incarceration rates, there are methods aimed at preventing the incarceration of at-risk populations.

Contents

Prison population and cost to society

Between 1998 and 2010, prison populations in the United States rose dramatically. This resulted in overcrowded facilities; increased expense to taxpayers; and potential loss of public funding for other community safety activities. [1] Between 1982 and 2007, corrections expenditures increased by over 250 percent and in 2007 expenditure was over $74 billion. [2] In 2010, the number of youths in detention facilities was 61,423. [3] By the end of 2012, approximately 2,228,400 individuals were incarcerated in jails and prisons, about 4,781,300 individuals were under some form of community supervision (such as probation or parole), and a total of approximately 6,937,600 individuals were under some form of correctional supervision (1 in 35 adults). [4] The average cost of the incarceration of an individual in 2012 was approximately $31,286 per year with a range of $14,603 to $60,076. [5] [6]

As of October 2015, the United States has the second highest incarceration rate in the world with 698 per 100,000 population. [7] Compared to other locations, 55% of countries and territories have prison rates lower than 155 per 100,000 population. [7] The average cost of incarceration rose to $31,977.65 in 2015. [8]

Factors contributing to incarceration rates

Substance use disorder prevention or treatment

Between 1980 and 2005, the number of inmates incarcerated for drug-related crimes increased by 1,000 percent. [9] In 2012, sixty-five percent of inmates reported a substance addiction or dependence issue. [10] Seventy-eight percent of violent crimes and eighty-three percent of property crimes involved drugs. [10] A greater amount of money is spent on incarceration than on prevention and treatment, despite research showing that treating drug addictions is more cost-effective than incarceration. [11] According to the National Institute on Drug Abuse, a full year of drug treatment costs approximately $4,700 compared to over $30,000 for a year of imprisonment. [12]

Mental health access/treatment

According to statistics produced by the U.S. Department of Justice in September 2006, over 45% of federal prisoners, 56% of state prisoners, and 64% of jail inmates are diagnosed with mental health problems. [13] This suggests a direct correlation between a decrease in mental health services and facilities and an increase in mental health diagnoses in the prison system. A decrease in mental health funding has taken place on both the state and federal level, especially in changes in block grant funding as part of the Omnibus Reconciliation Act of 1981. The statewide support for mental health services has also seen significant cuts and has barely accounted for annual inflation. [14] The overall shift from institution-based care to a community-based care model was one that many mental health advocates welcomed; however, the funding appropriated to support such programs was much less than initial estimates and has had a significant impact on the ability of the community care based model to be successful in providing adequate mental health treatment to those in need. [15]

Education

68% of state prison inmates did not receive a high school diploma. [16] Research indicates that schooling significantly reduces criminal activity. A significant portion of the effect of education on crime can be attributed to an increase in wages associated with schooling, suggesting that an increased level of education funding will result in decreased criminal activity. [17]

Counts based on prisoners with a sentence of more than 1 year. All estimates include persons under age 18.
"Total" includes American Indians, Alaska Natives, Asians, Native Hawaiians, other Pacific Islanders, and persons identifying as two or more races.
"Black" excludes persons of Hispanic or Latino origin. IncarcerationRates2010.png
  • Counts based on prisoners with a sentence of more than 1 year. All estimates include persons under age 18.
  • "Total" includes American Indians, Alaska Natives, Asians, Native Hawaiians, other Pacific Islanders, and persons identifying as two or more races.
  • "Black" excludes persons of Hispanic or Latino origin.

Factors involving race

There are many factors that have direct connections with the rises in the incarcerated population, many of which relate to structural and societal biases that exist in America today. As it relates directly to race, the practice of racial profiling regards policies and personal biases that target minority racial groups and contribute to a greater proportion of minorities being incarcerated compared to the general population. Currently, over sixty percent of inmates in the United States are people of color. [18] These practices have existed in the American Criminal Justice system for decades and although may have gained attention in recent years, still find ways to increase the likelihood of certain demographic groups receiving negative attention from the likes of law enforcement.

The war on drugs and longer prison sentences

Beginning in the Nixon administration, the war on drugs resulted in stricter drug laws including longer prison sentences for drug use and possession. [19] The Bureau of Justice Statistics reports that the drug offender population in federal prisons rose by 63% from 1998 to 2012 and they accounted for 52% of federal prisoners by 2012. [20] 35% of these drug offenders were not reoffenders or had minimal criminal backgrounds. [20]

In relation, mandatory minimum penalties have contributed to mass incarceration. The United States Sentencing Commission found that in 2016, 67.3% of offenders charged of a crime with a mandatory minimum penalty were convicted of a drug offense. [21] The commission also found that in 2016, the average sentence length was 110 months in prison compared to 28 months for those charged of a crime with no mandatory minimum penalty. [21]

Incarceration prevention

Incarceration prevention refers to a variety of methods aimed at reducing prison populations and costs while fostering enhanced social structures for the improvement of society. Incarceration prevention can take place in any of three stages: Primary Prevention, Diversion, or Recidivism Prevention.

Prevention

Primary prevention is an attempt to reduce the risk of behaviors that potentially lead to incarceration. The initial stage in this model includes looking at system wide or systemic approaches that ensure people have consistent social and structural interactions.

A 1% Decrease in the Unemployment Rate Relates to the Following Decreases in the Crime Rate [22]
Type of CrimePercentage Decrease in Crime
Property Crime1.6-2.4%
Violent Crime.5%
Burglary2%
Larceny1.5%
Auto Theft1%

Safety nets

Studies suggest that crime and violence are likely to be a byproduct of issues including economic inequality and poverty. [23] Economic theory shows how property crime and violent crimes may partly be consequences of excessive inequality and poverty. [23] Not only do crime rates increase with inequality, but propensity to commit crimes also increases with greater income inequality or poverty. [23] It follows that programs which elevate families out of poverty decrease behaviors associated with crime. National data indicates that a 10% increase in real wages lowers the crime index by 13%. [24]

Youth justice

Often, primary prevention can be viewed in the context of a school or vocational program in which there is a system of disciplinary action and reactions to behavioral issues. The goal is to institute preventive measures and different methods of support (i.e., restorative justice, restorative circles, proactive circles, and peer mediation) that encourage students/youth to meet the behavioral and academic standards set before them, without instituting harsh punitive measures that disengage students from educational and social resources provided within a school environment.[ citation needed ]

Diversion

Diversion is an attempt to circumvent incarceration and correct problem behaviors after an offense have been committed through alternatives to incarceration. This includes identifying those "most at risk" and setting in place additional supportive measures and strategies to provide opportunities for success.

In a school setting, this most often takes place after a young person has had multiple behavioral incidences within a short period of time and is at risk for more serious punitive measures. Steps for intervention may include (but are not limited to): additional counseling and support services, conflict resolution measures, peer-to-peer resolution groups, and engagement with community partners to provide additional services. The goal is to provide opportunities and support for those who show persistent behavioral issues, as they are most at-risk for future incarceration and/or legal trouble. [25]

Deferred sentencing and jail diversion

Including but not limited to:

  • Community Service: Community sentence or alternative sentencing or non-custodial sentence is a collective name in criminal justice for all the different ways, in which courts can punish someone convicted of committing an offense in ways other than prison terms.
  • Drug courts: Drug courts operate under a model that combines intensive judicial supervision, mandatory drug testing, escalating sanctions and treatment to help substance abusers break the cycle of addiction and the crime that accompanies it.
  • Mental health courts: Mental health courts link offenders who would ordinarily be prison-bound to long-term community-based treatment. They rely on mental health assessments, individualized treatment plans, and ongoing judicial monitoring to address both the mental health needs of offenders and public safety concerns of communities.
  • Domestic violence courts: Specialized domestic violence courts are designed to improve victim safety and enhance defendant accountability. They emerged as problem-solving courts in the 1980s and 1990s in response to frustration among victim advocates, judges and attorneys who saw the same litigants cycling through the justice system.
  • Problem-solving courts: Problem-solving courts address the underlying problems that contribute to criminal behavior and are a current trend in the legal system of the United States. There were over 2,800 problem-solving courts in 2008, intended to provide a method of resolving the problem in order to reduce recidivism.
  • Restorative justice: Restorative justice uses dialogue to address the harm that has been done rather than relying solely on jail time as a means of justice.
  • Electronic Monitoring: Electronic monitoring is a device that individuals under house arrest or parole are often required to wear. At timed intervals, the ankle monitor sends a radio frequency signal containing location and other information to a receiver. If an offender moves outside of an allowed range, the police will be notified.
  • Fines/Probation: A deferred prosecution agreement is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. Fulfillment of the specified requirements will then result in dismissal of the charges.
  • Diversion programs: A diversion program in the criminal justice system is a form of sentencing and such programs are often run by a police department, court, a district attorney's office, or outside agency designed to enable offenders of criminal law to avoid criminal charges and a criminal record.

Recidivism prevention

Recidivism prevention takes place during incarceration and after release back into society. Its purpose is to reduce the risk of an individual reoffending and eventually returning into the prison system. National rates of recidivism over the last three decades have remained relatively steady at approximately 43 percent. [26] The recommendations provided by the "Report of the Re-Entry Policy Council" coordinated by the "Council of State Governments" reflect the opportunities available for action by entities interested in reducing recidivism. According to the report, there are steps policy makers or practitioners should complete in order to ensure successful programs, such as collaboration, proper funding, system integration, and educating the public. The report also states that policy makers must also consider additional programming needs for incoming offenders, including intake procedures, physical and mental health care, drug treatment, and vocational training. Finally, the report emphasizes the need to address changes in social service delivery, such as housing, workforce development, treatment programs, and mental and physical healthcare systems. [27]

Prison reform

Prison reform seeks to advocate for programming that gives offenders the tools they need for success. Physical and mental health, drug treatment, and educational and vocational programming give offenders the opportunity to begin the process of returning to their communities to become contributing members before they leave the facility.

Prisoner reentry initiatives

The overall purpose of such programs is to provide options, support, and opportunities for prisoners returning home into communities. The goal of preventing crime and reducing recidivism is attained through support programs including vocational and educational programs that provide returning citizens with the skills necessary to succeed in their reintegrated lives. The programs typically start by assessing strengths and risk factors through assessments when offenders begin their sentences, effective support and a plan for success that includes community support, and different strategies to help remediate skill and social deficiencies typically experienced by returning citizens. [28]

Juvenile confinement rates on steady decline

A study published by the Pew Institute found that there has been a significant decline in at least 37 states for juvenile commitment and violent crime arrest rates between 1997 and 2010. [29] These decreases in juvenile commitments can be a result of many different factors, including unique programs like the Ohio RECLAIM (Reasonable Equitable Community and Local Alternatives to the Incarceration of Minors) program. This program provides financial incentives that encourage juvenile courts to find and develop community based strategies and programs options that seek to meet the needs of juvenile offenders or at risk offenders. [30] This program works to focus the most critical resources for the most serious offenders, such as those committing violent crimes and the most serious of offenses, while encouraging courts to look into community and restorative program placements for the youth who commit crimes not fitting such severe categories. As a result, Ohio has seen a significant decrease in institutional crowding and an 80% decrease in Department of Youth Services (DYS) caseloads from its peak in 1997 to 2012.

See also

Related Research Articles

<span class="mw-page-title-main">Incarceration in the United States</span> Form of punishment in United States law

Incarceration in the United States is one of the primary means of punishment for crime in the United States. In 2021, over five million people were under supervision by the criminal justice system, with nearly two million people incarcerated in state or federal prisons and local jails. The United States has the largest known prison population in the world. It has 5% of the world’s population while having 20% of the world’s incarcerated persons. China, with more than four times more inhabitants, has fewer persons in prison. Prison populations grew dramatically beginning in the 1970s, but began a decline around 2009, dropping 25% by year-end 2021.

<span class="mw-page-title-main">Recidivism</span> Person repeating an undesirable behavior following punishment

Recidivism is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to extinguish it. Recidivism is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.

<span class="mw-page-title-main">Probation and parole officer</span> Officials who supervise the conduct of offenders on community supervision

A probation or parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probation and parole officers are employed by the government of the jurisdiction in which they operate, although some are employed by private companies that provide contracted services to the government.

<span class="mw-page-title-main">Rehabilitation (penology)</span> Process to re-integrate a person into society

Rehabilitation is the process of re-educating those who have committed a crime and preparing them to re-enter society. The goal is to address all of the underlying root causes of crime in order to decrease the rate of recidivism once inmates are released from prison. It generally involves psychological approaches which target the cognitive distortions associated with specific kinds of crime committed by individual offenders, but it may also entail more general education like reading skills and career training. The goal is to re-integrate offenders back into society.

<span class="mw-page-title-main">California Division of Juvenile Justice</span> Law enforcement agency in California, USA

The California Division of Juvenile Justice (DJJ), previously known as the California Youth Authority (CYA), was a division of the California Department of Corrections and Rehabilitation that provided education, training, and treatment services for California's most serious youth offenders, until its closure in 2023. These youths were committed by the juvenile and criminal courts to DJJ's eleven correctional facilities, four conservation camps and two residential drug treatment programs. The DJJ provided services to juvenile offenders, ranging in age from twelve to 25, in facilities and on parole, and worked closely with law enforcement, the courts, district attorneys, public defenders, probation offices and other public and private agencies involved with the problems of youth. The DJJ underwent reorganization as required by a court agreement and the California State Legislature after widespread criticisms of conditions at its youth prisons. The agency's headquarters were in Sacramento, California.

<span class="mw-page-title-main">American juvenile justice system</span> Aspect of American justice system

The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.

<span class="mw-page-title-main">Incapacitation (penology)</span> One of the functions of punishment

Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes. Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future offending.

<span class="mw-page-title-main">Second Chance Act (2007)</span>

The Second Chance Act of 2007, titled "To reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime Control and Safe Streets Act of 1968, to improve reentry planning and implementation, and for other purposes," was submitted to the House by Representative Danny Davis (D-IL) to amend the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize, rewrite, and expand provisions for adult and juvenile offender state and local reentry demonstration projects to provide expanded services to offenders and their families for reentry into society. H.R. 1593 was signed into law April 9, 2008.

<span class="mw-page-title-main">Prison</span> Institution in which people are legally physically confined

A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, remand center, hoosegow, or slammer is a facility where people are imprisoned against their will and denied their liberty under the authority of the state, generally as punishment for various crimes. Authorities most commonly use prisons within a criminal-justice system: people charged with crimes may be imprisoned until their trial; those who have pled or been found guilty of crimes at trial may be sentenced to a specified period of imprisonment.

The National Criminal Justice Association (NCJA) is a Washington, D.C. based organization that represents a variety of local, state, and tribal governments on crime prevention and control issues. The organization primarily works as a public policy liaison that promotes understanding of the best criminal justice practices between federal and state governments.

<span class="mw-page-title-main">Youth incarceration in the United States</span>

The United States incarcerates more of its youth than any other country in the world, through the juvenile courts and the adult criminal justice system, which reflects the larger trends in incarceration practices in the United States. In 2010, approximately 70,800 juveniles were incarcerated in youth detention facilities alone. As of 2006, approximately 500,000 youth were brought to detention centers in a given year. This data does not reflect juveniles tried as adults. As of 2013, around 40% were incarcerated in privatized, for-profit facilities.

<span class="mw-page-title-main">Alternatives to imprisonment</span> Types of punishment or treatment other than time in prison

The alternatives to imprisonment are types of punishment or treatment other than time in prison that can be given to a person who is convicted of committing a crime. Some of these are also known as alternative sanctions. Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all. Capital punishment, corporal punishment and electronic monitoring are also alternatives to imprisonment, but are not promoted by modern prison reform movements for decarceration due to them being carceral in nature.

Prison overcrowding in the United States is a social phenomenon occurring when the demand for space in a U.S. prison exceeds the capacity for prisoners. The issues associated with prison overcrowding are not new, and have been brewing for many years. During the United States' War on Drugs, the states were left responsible for solving the prison overcrowding issue with a limited amount of money. Moreover, federal prison populations may increase if states adhere to federal policies, such as mandatory minimum sentences. On the other hand, the Justice Department provides billions of dollars a year for state and local law enforcement to ensure they follow the policies set forth by the federal government concerning U.S. prisons. Prison overcrowding has affected some states more than others, but overall, the risks of overcrowding are substantial and there are solutions to this problem.

<span class="mw-page-title-main">Criminal justice reform in the United States</span> Reforms seeking to address structural issues in criminal justice systems of the United States

Criminal justice reform seeks to address structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Reforms can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, sentencing and incarceration. Criminal justice reform can also address the collateral consequences of conviction, including disenfranchisement or lack of access to housing or employment, that may restrict the rights of individuals with criminal records.

People with mental illnesses are over-represented in jail and prison populations in the United States relative to the general population.

The Georgia Council on Criminal Justice Reform is a fifteen-member, non-partisan state commission tasked with conducting annual comprehensive reviews of criminal laws, criminal procedure, sentencing laws, adult correctional issues, juvenile justice issues, enhancement of probation and parole supervision, better management of the prison population and of the population in the custody of the Department of Juvenile Justice, and other issues relates to criminal proceedings and accountability courts in the state of Georgia.

Women in American prisons encounter numerous difficulties that often involve mental health problems, drug and alcohol issues, and trauma. These challenges not only make navigating the criminal justice system more difficult for women but also highlights broader societal issues such as, gender-based violence, economic inequalities, and lack of mental health support. People in prison are more likely than the general United States population to have received a mental disorder diagnosis, and women in prison have higher rates of mental illness and mental health treatment than do men in prison. Furthermore, women in prisons are three times more likely than the general population to report poor physical and mental health. Women are the fastest growing demographic of the United States prison population. As of 2019, there are about 222,500 women incarcerated in state and federal prisons in the United States. Women comprise roughly 8% of all inmates in the United States. This surge is largely attributed to the rising use of imprisonment for drug-related offenses rather than violent crimes. A considerable portion of incarcerated women are serving time for drug-related offenses, with the proportion increasing significantly between 1986 and 1991. Even among those in maximum security facilities, a majority are not imprisoned for violent felonies. The data also reveal that in states like New York, a substantial proportion of incarcerated women are serving time for drug-related offenses, with a smaller percentage incarcerated for violent crimes or property offenses.

Prisoner reentry is the process by which prisoners who have been released return to the community. Many types of programs have been implemented with the goal of reducing recidivism and have been found to be effective for this purpose. Consideration for the conditions of the communities formerly incarcerated individuals are re-entering, which are often disadvantaged, is a fundamental part of successful re-entry.

<span class="mw-page-title-main">Incarceration in Norway</span> Overview of incarceration in Norway

Norway's criminal justice system focuses on the principles of restorative justice and the rehabilitation of prisoners. Correctional facilities in Norway focus on maintaining custody of the offender and attempting to make them functioning members of society. Norway's prison system is renowned as one of the most effective and humane in the world.

<span class="mw-page-title-main">Decarceration in the United States</span> Overview article

Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarceration in the wake of the pandemic, as of 2022, the incarceration rate in the United States declined to 505 per 100,000, resulting in the United States no longer having the highest incarceration rate in the world, but still remaining in the top five.

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