Vision 6: A Last Chance Before Prison

Oct. 27, 2014

Front End Reentry Courts, Pre-Entry Courts or Early Intervention Courts are a hybrid response to long prison sentences. They allow offenders to avoid long prison sentences by completing a short term in a prison rehabilitation program (and in some cases jail or community corrections programs), to return to their communities to be supervised by the same court that sentenced them.

It is often thought that the court’s have little recourse or jurisdiction to affect a prison sentence once that sentence has been announced. The truth is, that most state courts have significant jursdiction to alter, amend or modify a prison sentence. Depending on the state, jurisdiction to recall may exist for a period of one month to one year after sentencing.The most obvious purpose of a “front-loaded intervention”, is to order a convicted felon to state prison for an evaluation, assessment, or other purpose, immediately before or after sentence has been imposed

Jjurisdiction exists in many states to recall the felon, after sentencing, for re-consideration and potential re-sentencing. The intention to recall may be announced at the time of sentence, or the decision to recall may be discretionary with the judge within the statutory period. This form of pre-entry intervention is often used to encourage a serious attitude change on the part of a prospective long-tern prisoner.

While this power is found in most state courts, it is most often used by individual judges on a case by case basis. Some courts, in particular drug courts, will use front-loaded jurisdiction to create what can be called a “court-based reentry system” (often described as a Pre-entry Court). The judge may use their jurisdiction to sentence the felon to prison as part of a court-ordered treatment program, with the understanding that the offender is to undergo treatment before returned to court for re-sentencing. If the felon is found in compliance, the court will return the felon to a court-based probation program in the community.

The above are just some of the existing variations in the courts’ use of a brief and immediate prison term, to be followed by recall to the court for sentencing or reconsideration of a sentence previously imposed. They are considered here because they are generally thought of as a successful rehabilitation strategy, designed to get the offender’s attention, assess their suitability for probation, and give them one last chance to change their behavior before a substantial prison sentence is imposed. It should be seriously considered on the program level as an alternative to prison, and as a way to reach out to large numbers of offenders that otherwise would be on their way to long prison terms.

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Pre-Entry Court as RFP Applicant

Note: Deadline for applications; June 3, 2010

This is the fourth and last article  on the “Second Chance Act” Reentry Court Solicitation. In this analysis,  I will review the RFP from the perspective of a Pre-Entry or county jail, probation-based reentry court applicant. [Note: A Pre-Entry Court is a before entry to prison court)

Typically, when one thinks of a reentry process, the focus is on state prisoners reentering society.  While this is clearly a critical issue, the possibility of keeping the offenders in the local community , and using a substantial jail term as a last resort has not always received the focus it deserves. Creating an effective county jail-based reentry court program offers the possibility of reducing the state prison population with its extraordinary costs, keeping offenders local, while increasing public safety within a seamless and comprehensive jail-based reentry court system.

Note:This solicitation is open to offenders returning from jails as well as prisons.

The pressure is on to reduce prison population in states like California (see article below). Governor Schwarzenneger has just announce a major new prison plan to return 15,000 prisoners to county jail to complete up to three years of their sentences. This news augurs well for Pre-Entry or County Probation-Based Reentry Courts. The potential for dealing with offenders at an early stage of the criminal justice process (possibly as soon as Arraignment), allowing for the seamless transitioning from jail to community, providing judicial oversight and incentives, using the same reentry court team throughout, and providing critical rehabilitation services early on, is a compelling alternative to prison  (see: County Jail Based Reentry Courts, a Policy Paper).

An additional benefit of the Pre-Entry Court, is that the local jurisdiction can submit an application and proceed with their planned reentry court, even in states that don’t support state prison-based reentry courts. As described in last week’s article, “RFP Targets Criminal Justice Leadership“,   there is enormous political, social, and financial pressure to handle prisoner reentry through the corrections and parole mechanisms that have always been in place. Hopefully, by showing that Reentry Court works on the county level, many more states will take a serious look at reentry court as an alternative to the failed conventional corrections/parole based reentry system presently in place at the state level.

It’s worth repeating the obvious, the way to deal with exploding prison populations and prisoner reentry failures is to refrain from sentencing non-violent offenders to prison in the first place.

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