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ONDCP Director Announces Expansion of Drug Courts

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The Best Of: First described in April, 2013, the “ARK” project has now been confirmed to be a fully funded ONDCP sponsored initiative, hopefully providing a systemic approach to the sentencing of offenders that will be applied across the nation

[EDITOR’S NOTE::The “ARK” program described in the press release below, is not fully defined, but seems similar to an evidence based sentencing system, described in a 12 part article, “A Model Court Based Sentencing System” published on this site last year. Specifically, its reference to “a reform framework to assess offenders and sort them into a systemic continuum of evidence-based sentencing options” would be a wonderful new initiative for drug courts and sentencing systems, in general]

The following press release is from the National Association of Drug Court Professionals (NADCP):

The White House Office of National Drug Control Policy Director, Gil Kerlikowske (see photo image on left of Director Kerlikowski) announced today that NADCP will receive a $1.4 million grant to expand the reach of Drug Courts and the groundbreaking justice reform model, the Annuals of Research and Knowledge on Successful Offender Management (ARK). Based on the Risk and Need Responsively theory, the ARK was designed as a reform framework to assess offenders and sort them into a systemic continuum of evidence-based sentencing options.  Today’s announcement represents a groundbreaking step towards significant justice reform across all points of the adult justice system.

The National Press Club speech was attended by justice leaders and policy experts from across the criminal justice spectrum. Representing NADCP was an incredible group of treatment court pioneers covering over twenty years of alternative sentencing innovation and leadership. Joining NADCP CEO West Huddleston were Board Chair Judge Robert Rancourt, Board Member Judge Pamela Gray, and former Board Chairs Judge Lou Presenza, Judge John Schwartz, and Judge Chuck Simmons.

“Drug Court is what real drug policy reform looks like,” said ONDCP Director Gil Kerlikowske. “By giving non-violent drug offenders a chance to reclaim their lives through treatment, we can finally begin to break the cycle of drug use, crime, and incarceration in America. Every dollar we spend on supporting this type of drug policy reform pays dividends in safer and healthier communities later on.”

“Today, our vision of a solution-oriented justice system is significantly closer to becoming reality,” said NADCP CEO West Huddleston. “This funding will allow NADCP and its partners to put the ARK into practice. We remain grateful that through this funding, Congress and the Administration continues its commitment to expand the reach of Drug Courts and ensure that they remain a cornerstone of much needed criminal justice reform.”

“We look forward to taking the ARK to scale,” said NADCP Board Chair Judge Judge Robert Rancourt. “In doing so, NADCP commits to collaborating with leaders from the law enforcement, corrections, probation, prosecution, defense, substance abuse and mental health communities. Working together, we will build a comprehensive system that will forever change the delivery of effective justice in this country.”

To learn more about the ARK, watch NADCP Chief of Science, Law and Policy and ARK co-creator Dr. Doug Marlowe present during the NADCP 18th Annual Training Conference.

 

 

 

Conservatives at the Genesis of Prison Reform

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The Best Of: This article, published on November 12,2012, was a harbinger of an avalanche of commentary on the conservative right’s assumed leadership of the prison reform movement.

In an article recently published  in the Washington Monthly, “The Conservative War on Prisons”, by David Dagan and Steven Teles, the authors make a powerful case for a conservative genesis for the current prison reform movement.

I had previously believed that prison reform was a liberal agenda and that conservatives were late  to the party. The authors make a strong case, that conservatives, while not in the vanguard of the prison reform movement, were ultimately responsible for its current successes.

As the authors put it, “Change is coming to criminal justice because an alliance of evangelicals and libertarians have put those benefits [of imprisonment] on trial. Discovering that the nation’s prison growth is morally objectionable by their own, conservative standards, they are beginning to attack it—and may succeed where liberals, working the issue on their own, have, so far, failed.”

According to the authors, the effective prison reform movment dates to the imprisonment of staunch conservative and Watergate conspirator, Charles Colson, who served time in a federal penitentiary. He  later establishment the “Prison Ministry”, which provided the moral underpinnings for a conservative reexamination of imprisonment. Led by “tough on crime” Texas and the “Texas Public Policy Foundation” (TPPF)— Texas’ premier conservative think tank, conservative governors got the political cover they needed to begin to reform overcrowded prison systems that were bankrupting their states. Even “The Second Chance Act”, widely revered as a one hundred million dollar grant program, to enhance reentry into the community, was a conservative inititive, It was initially proposed by Republican Representative Rob Porter and signed into law by President George W. Bush.

It appears that there is an important lesson here for progressives who wish to move prison reform forward. The article suggests  that critical conservative support for a progressive criminal justice agenda (as well as other agendas) is possible, when conservatives come to the table, on their initiative and based on their own values.  Definitely an article worth reading.

Prosecuting Attorney Lauds Historic Collaborative Courts

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THE BEST OF: First published in February of 2012, John Tunheim, the Thurston County District Attorney described the “Drug Court Model” as one of the “one of the most remarkable innovations in criminal jurisprudence since trial by jury [emphasis addded].

 

The article, “Drug Court turned justice system on its head – and it worked”, published in the Olympian on Feb. 29, 2012, by Chief Proscuting Attorney Jon Tunheim for Thurston County Washington, came across my desk some months ago. I was stunned by the force and conviction of the writer, And while plaudits for Drug Court and its progeny, collaborative courts, are not unique, the clarity of his vison and the historic nature of the statement make it very special. I commend this article to you and encorage you to make copies and share it with friends and colleagues. It is a reaffirmation of the historical importance of the probelm-solving court, as we look to expanding it into the realm of sentencing systems:

Drug Court turned justice system on its head – and it worked

Jon Tunheim, Prosecuting Attorney, Thurston county, Washington; 2/29/12

Sometimes, I wonder how the idea for a drug court originated. I wonder about this because the creation of drug courts in the United States is, in my opinion, one of the most remarkable innovations in criminal jurisprudence since trial by jury[emphasis addded].

Why was this idea so revolutionary? One of the cornerstones of our justice system is that it is adversarial. In other words, it resolves disputes by allowing parties to present evidence and argue their case in an adversarial setting. In the end, legally speaking, someone “wins” and someone “loses.” The adversarial system, in my view, continues to be the best way to resolve legal conflicts, particularly when the conflict is about facts.

But many years ago, when Janet Reno was a district attorney in Florida, she or someone in her office suggested that perhaps we don’t need to use the adversarial system for cases where the facts aren’t really in dispute and the criminal behavior is linked to addiction. Instead of using a slow and expensive adversarial system, perhaps we create a court that is collaborative – where everyone is working together to help the person overcome their addiction and thereby prevent future criminal behavior. This idea was revolutionary because it challenged one of the fundamental principles of our justice system. I can only imagine the reaction of some lawyers to the thought of abandoning the traditional adversarial process and creating a collaborative court.

I wonder if the person who first had this idea had any notion of how successful and how important drug courts would become in the criminal justice system. The data gathered over the years is remarkable. In our own Thurston County Drug Court, only 13 percent of those who have graduated later committed another felony. In comparison, 72 percent of those who were eligible but declined to go through Drug Court went on to commit another felony. Even more surprising, those who start Drug Court but are terminated are also less likely to commit a new crime. We estimate that Drug Court has saved Thurston County taxpayers well over a million dollars of jail costs and several million dollars in societal costs for drug-free babies born to participants in the program.
Nationally, experts estimate the return on investment for an average drug court is about $2.23 for every dollar spent. Even more remarkable is the return on investment increases to as much as $3.36 for participants who are at the highest statistical risk of committing more crime. Drug courts are not just an effective way of lessening addiction-driven crime; they are also a significant long-term budget saver.

The success of drug courts over the years led us to try this collaborative model of justice for cases involving other issues that contribute to crime. Examples include mental health, veterans courts, and DUI courts to name a few. We continue to look for other new ways to use this problem-solving court model as a way to reduce recidivism.

I wonder if the person who first thought of collaborative problem-solving courts had any idea how many lives would be saved. I wonder if they considered how many people would see loved ones pull themselves out of addiction and into recovery. I wonder if they even considered how much money would be saved over the years. It truly was an idea that changed the criminal justice system forever.

Brazilian Judge creates a new incentive for prisoners

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The Best Of: This article first appeared on this website September 10, 2012, describes the efforts of a Brazillian Judge to develop prisoner incentives that work for the community, and the prisoners themselves

 Jose Henrique Mallmann, a Brazilian Judge in Santa Rita do Sapucai was looking for a way to encourage prisoners to give back to their community. In a Google search he came across a story of an American gym that used the energy from exercise bikes to power  the club’s lights. Today there are there are four bicycles that require 10 hours of pedaling to fully charge one battery. The energy is enough to power 10 street lamps, out of 34 lamps that provide light for the plaza. Prisoners earn one day off their sentence with every 16 hours of pedaling (CNN News story).

This story is a reminder of why work (and education) incentives should be a part of every offenders rehabilitation plan. Some call it restorative justice, but whatever the name, its efficacy has been understood for a very long time. Scientists tell us that incentives are four times a s effective in reducing recidivism as sanctions. If you think about it, it makes sense. Those who have a chance to earn a reward are far more likely to appreciate an incentive and be encouraged to correct their behavior than someone who is punished to achieve the same end.

It also suggests that we in the courts ought to be looking for incentives wherever we can find them as a way to turn offenders away from crime. It’s not a panacea, but it is an important tool that the court and criminal justice system need to pay attention to. It is used by many correctional institutions, but rarely by judges. Why shouldn’t there be court progress reports, incentives, and certificates of accomplishments, to encourage those in custody to work toward both their successful release from custody and rehabilitation in the community. Judge Henrique Mallman figured out it could be done, and so should we.

 

Realignment Boosts Sentencing System Reform

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The Best Of: This article, first published on September 24, 2012, describes how Realignment , a reform that requires counties to keep less-serious offenders in-county to serve prison sentences, is being modeled in California.

Realignment, as prison reform, is having an major impact in the development of countywide evidence-based “sentencing systems”. No where is that effect greater than California, where the state is heavily relying on realignment to comply with the U.S. Supreme Court  order to reduce severe prison over-crowding (see NYT: In Califronia, County Jails face bigger load)

California’a AB109 Realignment Strategy has two important aspects:

1) Those sentenced to prison on less serious offenses (typically called triple nons; non-violent, non-serious, non-sex offenses), will be housed in county jails (when sentenced to prison) and supervised by county probation departments on LCS (Local Community Supervision). These individuals may not be sent to prison. Instead, they may be sentenced to a straight jail sentence (equivalent to the term they would have served in prison) or they may be sentenced to a split sentence term.  This is where the enormous potential of California’s realignment (AB109) comes into play. The court has the discretion to split the sentence between jail and LCS in ways it determines to be appropriate. The court maintains jurisdiction over the offender and may monitor the offenders progress over the course of the entire sentence; reducing a jail sentence and releasing the offender into the community to be supervised under LCS, or returning the offender to jail to complete part or all of the term upon substantial LCS violation. The degree of court discretion and involvement in the monitoring and supervision of the felon can be extraordinary, perhaps greater than that of any other state. Counties are required to develop collaborative strategies with probation, sheriff’s departments and other agencies and community based organizations, with the potential to maximize the impact of the court, while utilizing the resources and involvement of all collaborating organizations.

2) Starting in July, 2013 , those released from prison will be retained in the community, under Post Release Community Supervision (PRCS),  while under the jurisdiction of the County Superior Court, supervised by probation, to be returned to jail rather than prison when there are violations of parole. Unless they come under a very limited exception for dangerous and violent offenders, they will not be place on parole, revoked under the authority of the state parole board or returned to prison (a limited program currently exists statewide).

These two provisions provide a major opportunity for communities to create evidence-based sentencing systems, that utilize the courts, as part of a comprehensive and seamless sentencing system. Eveyone should be paying attention to what California Courts are doing with their new jurisdiction and sentencing discretion. (see:“A Model Court Based Sentencing System”)

Court-Based Realignment Recommendations

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THE BEST OF: The following article,  originally posted on September 9, 2012, describes how California Counties can make the best use of the state’s new realignment reform process.                  PDF

POTENTIAL SENTENCING SYSTEM REFORM IN CALIFORNIA COUNTY

I have set out possible sentencing reforms, based on the “Twelve Part Series on Evidence-Based Sentencing Systems” that may be relevant to a California County’s Realignment Process.

SENTENCING AND MANDATORY SUPERVISION UNDER PC 1170(H)

  1.  Start the risk assessment and classification process at plea or sentencing if possible, so the judge can make the most appropriate sentencing decisions.
  2. Create a seamless process for offenders, with a designated sentencing judge and staff monitoring and supervising offenders through the entire sentencing period.
  3. Develop court tracks that reflect probation classifications based on risks/needs assessments, and tailor appropriate court involvement and contacts to that data.
  4. Where appropriate, hold court hearings for in-custody offenders to encourage compliance with a rehabilitation plan through continued court monitoring.
  5. Use the court’s jurisdiction to motivate offenders to do well in their program by providing substantial incentives keyed to an incentives guideline.
  6. Have all newly released offenders, on “mandatory supervision”, meet with the judge for a brief interview, to set goals and remind the offender of program rules.
  7. Use custody as a sanction of last resort, relying on increased rehabilitation and treatment requirements, as well as, community service to correct misbehavior.
  8. Take advantage of the latest scientific findings, using evidence based sentencing practices to engage the offender in pro-social activities and cognitive therapies.
  9.  Create a technology system able to share data and information, reducing the need for team member’s personal presence, but maintaining court’s presence/influence.
  10. Look to probation, other government agencies, and community for partnerships.
POST RELESE COMMUNTIY SUPERVISON
  1.  Involve the court early, if only as a symbol of the system’s new found solidarity and commitment to work together, with the judge assisting in the process.
  2. The court should be considered an important resource in the reentry process, and while not directing the rehabilitation plan, assisting probation and the community.
  3. The court should  briefly interview the offender returned to the county, to remind the offender of the court’s interest, support, and concern.
  4. A Reentry Court. authorized by statute at the time of the revocation hearing,  may become involved as a community and probation based option even before a violation occurs, in a way, similar to the process defined above under 1170 (H).

 

An Overview of a Court-Based Sentencing System

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THE BEST OF:The Following Article , published on September 3, 2012, describes how a systemic sentencing model based on evidence-based principles might be structured   

 Find below a diagram and descriptive analysis of an Evidence-Based Sentencing System.

A 12 Part Series on Sentencing Systems, can be found under “SENTENCING SYSTEMS” (or by clicking on the diagram below)

 

AN OVERVIEW OF A SYSTEMIC SENTENCING MODEL   PDF

The diagram above can be thought of having two separate phases. The first (from “Plea” arrow to “Custody” arrow) focuses in on the need to effectively categorize, sentence, and track offenders, with a minimum of staff and resources. Tracks are essential to the system as the court will sentence and monitor offenders with very different risks and needs. A sentencing team with a different skill set is required to deal with low risk and diversion participants than with high risk and violent offenders (as a different team skill set would be required for Drug Court as opposed to Domestic Violence Court).

We know from the scientific literature that mixing low and high-risk offenders is counter-productive at best. That same dynamic works in the courtroom. Where possible, it’s best to keep participants with different risk levels apart. It’s also more cost-effective. Why have full staff at every session when you can substantially reduce the number of staff by sorting offenders by risk and need. When you create a participant track with few housing, job, or family issues, experienced staff in those areas can best use their time elsewhere. The savings would be substantial if case managers are designated to be in court once a week for a single track, rather than required to attend daily sessions

The second part of the diagram (from “Front End Jurisdiction” through Front End Reentry Court”) focuses on the potential for an “Early Intervention”. We focus on the front end because almost all states give their courts a window to recall the felon from prison within a relatively short time period  (typically 4 to 12 months).  Where courts are willing to use their statutory authority, serious and/or high-risk offenders can complete a rehabilitation program over a short jail or prison term and avoid a long prison sentence. The opposite is true for felons sentenced to long prison terms (or even medium terms of 1 to 3 years). In most states, there is relatively little opportunity for a court to exercise authority over the “Back End”, as the felon, typically returns to the community under state supervision.

Decision Making in a Sentencing System

Offender Tracks are normally the province of Probation or other supervisory agencies. When used at all, they reflect internal decisions in determining the level of supervision and treatment appropriate for a probationer.  With validated Risk/Needs Assessments available, the final decision as to court related tracks ought to be left to the court, based upon the recommendations of the full sentencing team.

Court tracking is essential to keep offenders with similar risk and needs together, maximizing the opportunities for building positive relationships with the court and participants and limiting the negative consequences of mixing offenders with different risk levels.  The court will need to schedule tracks when required staffing and resource personnel are present. Optimally, the only personnel present at all sessions will be the judge, clerk, and court manager. Review below the process and procedures:

a. A risk assessment is completed even before sentencing and optimally before a plea is taken so all parties will have an understanding of the sentencing issues early on. (Ideally, the level of treatment/rehabilitation or appropriate track designation should not be the subject of a plea agreement).

b. An individual may be given the opportunity to accept pre-plea Diversion (often called District Attorney’s Diversion). Once a complaint is filed, the court has substantial control over pre-plea and post-plea felony Diversion, as well as pre and post-plea Problem-Solving Courts. A Diversion or Problem Solving Court judge typically takes a plea, sentences the offender, monitors the offender over the course of the program (including in-custody progress), and presides over their graduation from the program.

c. The lead judge (or a designee) takes the plea in most other felony cases, reviewing the risk/needs assessment already completed, and sentences the felon either to probation or prison (if the offense is violent or the offender a danger to the community). If the offender is appropriate for probation , the sentencing judge will decide whether the felon should be placed in a low, medium or high risk supervision track. Depending on the number of offenders and resources available, there could be sub-tracks within each risk category (when offender’s needs differ substantially in criminogenic attitudes and beliefs, gender concerns, drugs or alcohol problems, mental health issues, housing, job and/or education needs, and family/ parental issues)

1. Low risk offenders; Probation (banked file): Where the offender is neither a risk to society or has special needs, the court might see the offender once, shortly after probation placement, focusing the offender’s attention on probation compliance, and only see the felon again, if there is a substantial change of circumstances (note: Diversion contacts are often as minimal).

2. Medium risk offender, Probation (straight community corrections); Where the offender has a medium risk of re-offending and has special criminogenic needs, the felon would be placed in a track on a regular court schedule. Compliance in this track would require completion of cognitive behavioral and other rehabilitation services, with compliance resulting in substantial incentives and rewards. Compliance will allow the court to back off from contacts with probationers (unless changed circumstances or graduation)

3. High Risk offender, Probation (often a substantial jail term); Intensive supervision requirements might include attending court sessions on a weekly basis (remaining in court until all participants have been seen), a minimum of twice weekly contacts with a case manager, intensive cognitive behavioral therapy sessions, and pro-social activities for at least 40 hours per week (for at least 90 days)

Reducing Prison terms through Front-End Sentencing

 The second half of the diagram represents the use of alternatives to prison terms, allowing us to use an evidence-based sentencing system as a means to keep serious (but non-violent) offenders from serving long prison terms.

The front-end of a prison sentence provides the only substantial opportunity a court has to effect a prison term, once a felon is sentenced. Few courts use that statutory authority to return the felon from prison. When used at all, the authority is often applied in by individual judges in a non-systemic fashion.

“Front-End Systemic Approaches” to long prison terms described here present an opportunity to use graduated sanctions rather than immediate prison sentences for serious, but not-violent offenses. Such Front-End Systems can be structured in different ways. Some courts may include non-prison sentences (typically county jail or community corrections programs) as part of an “alternatives to prison” system.

Systemic approaches to “Front-End Alternatives to Prison” might start with a Community Corrections level alternative sentence. With new offenses and/or serious violations of probation, they might move up to a county jail alternative, and finally to a short-term prison sentence in lieu of a long-term prison sentence. Depending on the seriousness of the offense, an offender might start a  ”Front-End” Intervention at any of the three levels.

A.  Community Corrections Sentence in lieu of Prison: Less often used than other alternatives, this community based alternative to prison (typically residential treatment or correctional housing while an offender receives education, job training or employment), allows the judge to closely follow the offenders participation in a community based program, providing incentives or sanctions as appropriate. With successful program completion, the participant is returned to the community to continue supervision and rehabilitation under court authority. [Note: this alternative can be the first of two used before the offender is ordered to serve any prison sentence]

B. County Jail Alternative: This second tier “Front End Prison Alternative” can better emphasize the risk that the felon has of being sent to prison. Like the “Community Corrections Alternative, the County Jail Alternative allows close monitoring by the sentencing judge, appropriate incentives and sanctions, and a return to the community for further court supervision.

C. Front-End Prison Term: This ought to be thought of as a felon’s last opportunity to avoid a long prison term. Depending on the seriousness of the offense, some jurisdictions will start the Front-End Sentencing process with a prison term (skipping over possible Community Corrections and County Jail level interventions), hopefully reducing a long term sentence to a relatively brief 4 to 12 months in prison, and returning the felon to the community to complete the sentence under court supervision.

Professor Scores NADCP as “CHAMPION” in its Field

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THE BEST OF: The following article, published on February 5,2012, describes a newly published book, “How Information Matters”,  by Professor Kathleen Hale of Auburn University and published by Georgetown University Press in 2011,  which singles out NADCP as the best among non-profit organizations in Washington D.C.

Professor Hale’s analysis describes  NADCP as the “Champion” Non-Profit Organization in its field. What does it have to do with reentry courts and court-based reentry systems. The answer is that it does and it doesn’t.

It describes the National Association of Drug Court Professionals (NADCP) as the best among extraordinary organizations; whose structure, initiatives, strategies, and planning define excellence in the non-profit world. And I cannot agree more. I was there at the beginning of drug courts, as a drug court judge, and am still laboring in the fields, working to fulfill a vision that began for me, as first chair and then founding president of NADCP.  In the beginning, we created the “Ten Key Components” and Drug Court Mentor Sites, and planned NADCP’s projects, initiatives and strategies; so I know that  my fellow drug court pioneers feel as proud as I am of our accomplishments.

And those who came after us have truly done a superb job, in expanding drug courts and its progeny, problem-solving courts across the nation and around the world. They have built amazing public support for our “Champion” that has translated into much needed funding, and created wonderful new programs such as Veteran’s Courts, which thankfully are there to assist our Veterans in their time of need.

For me, it’s difficult to accept that my quest, the establishment of court-based reentry systems, that can staunch the flow of lives into our prisons, and salvage those that return broken, remains out of reach. I for one, salute all who have worked on our great labor of love, NADCP. But I long for this book’s sequel, the one that shows how we captured the holly grail of criminal justice, and achieved true prison reform through a partnership of the three C’s; Community, Corrections, and the Courts.

Cesare Beccaria: The Founder of Modern Penology

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THE BEST OF: The following article, initially published on April 11,2010,  provides a brief historical context for the success of Hawaii’s highly praised HOPE Program.

If there is any certainty about our ideas for penal reforms, it is that they are mostly a reiteration of what has been said or written before. Mark Kleiman and Angekla Hawkins, the authors of the UCLA Publication on Hawaii’s “HOPE” Program, appropriately pay homage to the work of Cesare Beccaria, writing  “That swiftness and certainty outperform severity in the management of offending is a concept that dates back to Beccaria (1764)”. In an on line publication, Issues in Science and Technology, the authors note,”The idea that swiftness and certainty are more important determinants of deterrent effectiveness is at least as old as the founding document of criminology, Cesare Beccaria’s 18th-century On Crimes and Punishments.

Wikipedia describes Beccaria as the father of penology and his treatise, On Crimes and Punishments (1764) the founding work in penology. In it he proposes “a number of innovative and influential principles: punishment had a preventive (deterrent), not a retributive, function; punishment should be proportionate to the crime committed; the certainty of punishment, not its severity, would achieve the preventive effect; procedures of criminal convictions should be public; and finally, in order to be effective, punishment should be prompt.”

Dallas SAFPF Court: Where Reentry Court is Also Pre-Entry Court

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Graduates of the Dallas SAFPC Program, (which can also be described as a “Front End Reentry Court”), with Judge Robert Francis.

 

THE BEST OF: The following article, published on Dec.13,2009, describes the success of the Dallas SAFPC  program  placing drug offenders, a probation program located on a prison site, that returns the offender to the community after relatively short period in custody.

The Dallas Reentry Court is a excellent example of the extraordinary innovation (and sometimes bewildering variation) among pre-entry courts, that divert offenders from a prison sentence to a probation based custodial program. What makes the Dallas SAFPF Program unique, is that its custodial segment is actually situated on prison grounds, yet program participants are segregated from the prison population, and never leave the jurisdiction of the County SAPFP Court Program.

The Texas legislature’s “4C program” provides  in-custody facilities within the prison’s outer perimeter , and uses specially trained, but regular prison guards. Although there are approximately ten jurisdictions that take advantage of “4c” facilites, Dallas is by far the largest, and the only one that has a court and judge dedicated to the reentry mission. Seventeen Dallas judges sentence drug offenders to the  SAFPF program, but when offenders finsh their in-custody treatment (typically 6 to 9 months),  they enter a dedicated Reentry Court for monitoring, continued treatment and rehabilitative services.

Judge Robert Francis, a retired judge, works full time as the reentry court judge. He and his staff take regualr trips to the “4C” facilities to check up on Dallas based offenders. Plans are in the works to reward those who do well well in the in-custody program.  Though the progam is less than a year old, 275  participants have completed the in-custody “4C” treatment program, and been released into the care and custody of Judge Francis and the Dallas SAFPF Reeentry Court,  where revocations are at an extraordinarily low 5%.

Contact: [email protected]

High Risk Offenders Do Better IN Half-Way Houses

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THE BEST OF: The following article, initially published on April 4, 2010, makes clear the “Risk Principle”, that establishes that high risk offenders do significantly better in correctional programs than low to medium risk offenders.

 Reentry Courts, like other problem-solving courts, suffer from the reluctance of criminal justice practitioners and government leaders, to accept empirically established Evidence Based Practices. For example, some criminal justice practitioners have long been resistant to working with difficult high risk offenders that many programs are designed for, and  instead use “risk assessments” to  limit their programs to less challenging low risk offenders. Professor Edward Latessa of the University of Cincinnatti, a national expert on residential correctional programs, has been at the forefront of the struggle to move criminal justice professionals and government leaders toward the adoption of Evidence Based Practices. To that end, he has written of the difficulties of changing criminal justice practices and policies  to reflect established Evidence Based Practices (see Prof. Latessa’s comments).

Now comes a  University of Cincinnati study, finding that low risk offenders have comparatively higher recidivism rates coming out of Ohio’s Residential Corrections Programs (such as half-way houses) than moderate to high risk offenders.  The new data confirms  their previous 2006 study (and the work of many other researchers). Their research reflects the well established “Risk Principle”, that offenders should be provided with supervision and treatment that are commensurate with their risk levels.

Professor Latessa points out that it is a waste of scarce resources to put low risk offenders into programs when they don’t need them, and when they would often do better and offend less at home, on probation or other limited monitoring protocols. [It should be noted that risk is not necessarily related to the seriousness of the offense committed, but the risk that the offender will reoffend].

Professor Lessora explains that  low risk offenders have the connections to home, school, job, family and friends that define them as low risk, and enterring a  residential corrections program can damage those connections, increasing their chances of reoffending.   Further, that when housed together in residential corrections programs, high risk offenders often corrupt and influence the low risk offenders, once again increasing their recidivism rate. On the other hand, the recently released data shows moderate to high risk offenders often take advantage of the services and treatment offered at residential corrections programs, significantly lowering their recidivism rates; a good reason to challenge  conventional wisdom, and carefully examining the applicability of Evidence Based Practices to your reentry court.

CASA Reports U.S. Has 25% Of All Prisoners Worldwide

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THE BEST OF: The following article, initially published on March 2, 2010, describes the extraordinary degree the U.S.  has relied (and continues to rely) on prison to deal with drug addicted, non-violent offenders as compared to other nations.

The new 144-page report released today by The National Center on Addiction and Substance Abuse (CASA) at Columbia University revealed that alcohol and other drugs were involved in 78 percent of violent crimes, 83 percent of property crimes, and 77 percent of public order, immigration or weapon offenses; and probation/parole violations  The report also noted that in 2005, federal, state and local governments spent $74 billion on incarceration, court proceedings, probation and parole for substance-involved adult and juvenile offenders and less than one percent of that amount — $632 million — on prevention and treatment for them. The Report noted that  the U.S. with 5% of the world’s population,  had nearly 25% of all prisoners worldwide. Joseph A. Califano, Jr., CASA’s Chairman and President and former U.S. Secretary of Health, Education, and Welfare, called the nation’s current prison policies, “Inane and inhuman…..  The tragedy is that we know how to sharply reduce the costs of incarceration and the crimes committed by substance-involved offenders.”[see: CASA Report: Behind Bars II]

State Jurisdiction in Court Based Reentry Systems

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“Best OF” Series: Published in February 2012, this primer on State Court Jurisdiction  is an important introduction into potential opportunities for court involvement in prisoner reentry 

The “Court Jurisdiction Chart” (above) is designed to help you analyze whether your state has the potential for a Court-Based Reentry System (or Judicially Supervised Reentry System) and/or Reentry Court

1. COURT JURISDICTION

State court or Judicial connections to prisoners and ex-prisoners are much more common than generally believed, among the 50 states. State courts typically have some jurisdiction to intervene in prisoner reentry into the community, but rarely use that authority. Furthermore, relatively few such connections are organized into a systemic program that coordinates court or judicial intervention with community and correctional intervention.

While reentry court may be the best known of court based reentry systems, there are other systemic connections that exist between the court and prisoner/ex-prisoners, that have a substantial impact themselves or hold the potential for such an impact.

If your state does not provide your courts with the jurisdiction to intervene in prison reentry, the likelihood that you will be able to do so is small. A number of states have collaborative agreements or MOU’s with corrections and/or parole authorities that allow the court to either supervise the reentering prisoner directly or do so when the ex-prisoner has picked up a separate offense that the court does have jurisdiction over. There is also the possibility that your state legislature may give authority to your courts to intervene in prison reentry (.i.e California has made major changes to its reentry system, giving its courts jurisdiction over most prison sentences and parole violators).

2. COURT JURISDICTION: INTERVENTION POINTS

When the court intervenes is probably the most important factor in determining the level of care, resources, and supervision appropriate to individuals reentering the community. For obvious reasons, interventions after four months of a custodial sentence are likely to be far less intrusive or intensive than an intervention after four years of prison.

A. FRONT-LOADED (PREENTRY) JURISDICTIONS

The most obvious and immediate state court contact point is an early intervention; ordering a convicted felon to state prison immediately before or after sentence has been imposed, for an evaluation, assessment, or other purpose. While this power is found in most state courts, individual judges most often use it, on a case-by-case basis.

It is also used in a number of states, to intervene in a probationer’s drug usage or other criminal behavior, as part of a Reentry Court or other court-based intervention program. Frontloaded Courts (sometimes called Preentry Courts), typically work with participants who spend relatively short terms in prison (30 days to 4 months), although some front- loaded programs can sentence felons for up to one year in prison or other custodial setting. Of all Reentry Court participants, those engaged in a front-loaded reentry program, are most likely to have family, friends, jobs, skills, and connections to community, thus requiring the lowest level of court involvement and program intensity (a tier one intensity court).

B. SPLIT SENTENCING JURISDICTION

A number of states allow the judge to determine at sentencing, the prison term and probation supervision to follow. Some courts can change the split while the offender is serving his/her prison term (.i.e Ohio).

Several Reentry Courts use this jurisdiction model as a basis for their Reentry Courts (i.e. Indiana, Texas, Ohio, California). This is typically a hybrid or second tier reentry court, where some participants spend substantial terms in prison while others do not (a split prison term typically has a minimum of 1 year). A good risk/needs assessment can determine the court resources and intensity level required to reintegrate the split sentence offender into the community (considered a second tier intensity court).

C. POST PRISON JURISDICTION

Post Prison Court-Based Reentry Systems are thought to be closest to the established reentry court model. The prisoner finishes the prison term, is released early to enter a halfway house and Reentry Court (.i.e Nevada), or enters the Reentry Court when he/she violates their parole/probation (i.e. California)

3. NATURE OF THE “JUDICIALLY SUPERVISED INTERVENTION”?

Court intervention can be done in an ad hoc fashion, based on the discretion of an individual judge or part of a systemic process, where decisions are made and resources and staff allow for substantial numbers of program participants.

A. INDIVIDUAL JUDGE’S REENTRY INTERVENTION

Where the court has jurisdiction to do so, the intervention of an individual judges may recall a prisoner from prison, split a prison sentence, or release a prisoner early. This is often the decision of an individual judge, often operating without standards, guidance, or program staff, on a case by case basis. This use of this authority is uncommon in most states.

B. COURT BASED REENTRY

An organized court system or program requires court resources, and staff to intervene on a regular basis, to reduce a prison term (or other custodial term). Often the court system in question is a “Drug Court, or other problem-solving court, that makes use of “prison or other custodial setting to provide treatment, rehabilitation services, supervision, or other services.

4. REENTRY COURTS

This is a high intensity court-based reentry system, that often deals with ex-prisoners who have spent substantial periods of time in prison (typically 3 years or more) and are high risk offenders with serious and/or dangerous criminal histories. While reentry courts can be established at any one of the three intervention points (described above), the post prison segment is often used.

The court uses evidence based practices to determine the risk and needs of the offender and appropriate responses. Reentry Courts deal with the whole person, recognizing that participants often need significantly more than drug treatment; programs that provide room and board, cognitive behavioral therapy and family counseling, physical and mental health assistance, education and skill building and other rehabilitation services.

Importantly, the high risk, long – term prisoner often needs a reentry court to provide a surrogate community until real integration in the community can be accomplished. This 3rd tier Reentry Court demands a lot of the long term prisoner, requiring 40+ hours of pro-social activity per week and constant contact with court, counselors, and recovery community.

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Minimalist Reentry Courts For Recessionary Times

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THE BEST OF: The following article, initially updated on March 21, 2009, is the first article I am aware of that described the danger of over-resourcing reentry courts.

MARCH TWENTY-ONE UPDATE:

Over the past four weeks I have interviewed practitioners from four successful reentry courts, and showcased them as model reentry courts on this website: the Harlem Parole Reentry Court(NY), the Boone County Reentry Court(MO), the Richland Reentry Court(OH), and the Fort Wayne Reentry Court(IN).  All displayed what i have described as quasi-minimalist reentry court features (see below), that are non-adversarial and rehabilitation focused, without attorneys on the reentry court team or in reentry court itself; with counsel provided, only when the parole participant has left the reentry court program, and returned to the formal adjudicatory system, whether parole or court based.  From my discussions with reentry court practitioners from across the country, I believe  that the majority of reentry courts can be described similarly.

A number of jurisdictions  that are interested in creating a “parolee reentry court”,  find themselves in a difficult dilemma. Either reject the reentry court concept because of   inadequate funding, or go ahead and build it, but pare back the conventional problem-solving court model to its bare essentials. It’s clear to me that a comprehensive reentry courts, (with full staffing), capable of working with and consolidating an offender’s state and county matters in a single court, is the best possible  solution. But if the necessary funding isn’t avaialble, there is a case to be made for a “minimalist parolee reentry court”, that can reduce court costs, by successfully and lawfully doing  without attorneys, reporters, and clerks. Such a “minimalist reentry court”, may mean substantial savings to the court and community, as well as a smaller, more successful, and sustainable reentry court. [Note: a model “minimalist parolee reentry court” team might include judge, program coordinator, treatment specialist, parole officer, and bailiff]

As a consultant, I’ve sat through many team staffings, and  “progress hearings” over the years, with more than a dozen team members present.  I often wondered how cost effective or sustainable such  court structures would be in the long run. The answer  has become clear, as hard times  shape  the structures of today’s reentry and other problem-solving courts. Many problem solving courts are closing down, while others severely cut back on participation or services. Interestingly, some of our most successful early drug courts had as few as two team members present at pre-court staffings. The smaller, more intimate courtroom environment, encouraged clear, direct, and personal communication, as well as, increased team involvement and participant engagement; established problem-solving concepts that often lead to better outcomes.

The key hurdle in creating a  hybrid “parole reentry court” with fewer personnel, is the very fact that it’s unconventional. But a Parole Reentry Court, by its very nature is  a minimalist court. Proceedings related to parolees, while evidentiary in nature, are informal, do not involve county jurisdiction (which would require counsel), nor demand the same panoply of procedural and due process rights as a conventional court  (see: Morrisey v. Brewer, 408 U.S. 471 1972, Gagnon v. Scarpelli, 411 U.S. 778 1973). Truth is that there are less than a dozen states that require counsel at “parole revocation hearings”. Clerks and Reporters are not required either, as a written decision setting forth the facts and reasoning upon which it is based, are typically written up by the hearing officer. (Note: the fewer personnel engaged in the legal process, the more resources available for direct services for the returning parolee)

The clear purpose of the minimalist Reentry Court  is to provide an informal and therapeutic enviroment, where the focus is on the rehabilitation and reintegration of the returning parolee in  the community. Some may be uncomfortable with the idea of an informal problem-solving court without counsel present.  But participation in informal courts is typically voluntary, with “parole revocation hearings” passed on to  parole authorities, once the participant has been terminated from the reentry court program.  California has recently  set up  a pilot “Parolee Reentry Courts”  program, where parolees will be referred by parole authorities to the reentry court, admitted only after the parolee voluntarily accepts the program, and the court agrees. The parolee can opt out at any time, (even after a violation), to be returned to the jurisdiction of the parole agency. Ultimately, this model may be an interesting option for those communities with limited funds, a commitment to a reentry court,  but also to “revocation hearings” with counsel present. One of the  most fascinating aspects of the nascent reentry court field, is the many innovative and pragmatic models being developed. The minimalist “Parolee Reentry Court” continues that tradition. [see examples of  quasi-minimalist reentry courts below: Harlem Parole Reentry Court; Ft. Wayne Reentry Court; Richland County Reentry Court; Boone County Reentry Court]

Whether a “minimalist reentry court” is effective, economical or lawful is an open question. If you have a comment, please share it with us.

Justice Reinvestment Initiative leads Prison Reform

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The Best Of: The following article, first published on May 14, 2012, describes the critical role the “Justice Reinvestment Initiative”, led by the PEW Center for the States and the Council of State Governments, have had on the prison reform movement.

A recent Bureau of Justice Assistance (BJA) funded initiative is having an extraordinary effect on prison reform efforts in states across the nation. The “Justice Reinvestment Initiative” is a joint project of the PEW Center for the States, the Council of State Governmant and the Vera Institute They are providing assistance and support to states in an effort to reduce prison populations,  establish non-prison penalties for non-violent offenses, increase good time/work time for prisoners, and generally encouraging states to return or keep prisoners in local jurisdictions, while reinvesting funds saved by these reforms in “alternatives to prison”. The Council of State Government’s National Reentry Resource Center has a Resource Project Page devoted to the  “Justice Reinvestment Initiative” To access it, click on the page facsimile on the left.

According to information provided by BJA, “Justice Reinvestment is a data-driven approach to reduce corrections spending and re-direct savings to other criminal justice strategies that decrease crime and strengthen neighborhoods. They work closely with state and local policymakers to help design policies that manage the growth of the corrections system. They are finding ways to improve the availability of services, such as housing, substance abuse treatment, employment training, and positive social and family support for offenders returning to communities. They are also looking to reinvest savings generated from reductions in corrections spending to make communities safer, stronger, and healthier.”

What is incontrovertable, is that states are adopting the policy changes advocated and are passing ground-breaking reforms in many of the most conservative states in the nation (most recently Georgia, Oaklahoma, and Louisians; see articles in Facebook collumn on the right side of website).  To access comprehensive information on what the “Justice Reinvestment Initiative” is doing in a listed state, just click on the state below, and you will be linked directly to National Reentry Resource Center information:

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