Legal Financial Obligations and Probation: Findings from the 1995 Survey of Adults on Probation

During the late 20th century, imprisonment rates in the United States saw unprecedented growth, leading correctional systems across the country to face widespread overcrowding and underfunding. Subsequently, policy makers sought out alternatives to incarceration for certain categories of offenses. Community supervision, such as probation, emerged as a popular solution to both reduce prison and jail populations as well as to generate revenue to fund the rapidly expanding legal system. With the rise in community supervision came increases in the number of people on probation for lower-level and non-violent offenses. The expansion of legal financial obligations (LFO) placed additional burdens on these persons, who disproportionately sit in lower socio-economic status brackets. Using data from the 1995 Survey of Adults on Probation (SAP), the current study adds to the literature on probation and LFOs in an important way. The SAP data contain information on the amount, frequency, and type of LFO. Thus, this paper examines the distinct types of LFOs to determine the differential burden that each type of LFO has on people on probation. This paper finds that of all types of fees, those associated with victim restitution are most likely to lead to missed payments, while those that generate revenues do not contribute significantly to missed payments. This paper discusses the implications of this for procedural justice and fairness.

The Violence Prevention Program in South Australia: A Recidivism and Cost–Benefit Analysis Pilot Study

Rehabilitation of incarcerated men is a primary focus of correctional systems across the world. The present pilot study examined the effect of participation in the South Australian Violence Prevention Program (VPP) on recidivism trajectories. Individuals who participated in the VPP were significantly less likely to engage in violent recidivism, with the greatest effect observed between Aboriginal and/or Torres Strait Islanders relative to similarly matched comparators. In addition, the types of violent crimes committed were less severe for those who engaged in treatment relative to the comparison group. No differences were observed between groups in overall rates of reoffending, or the length of time following release before reoffending. The study also quantified the economic impacts of treatment and found it was associated with a positive cost–benefit ratio of Aus$1.13. The results provide evidence that the VPP does reduce the rate of violent recidivism, and that these results translate into economic benefits for society.

Window dressing: possibilities and limitations of incremental changes in solitary confinement

Background In light of mounting evidence of the physical and psychological harms associated with solitary confinement, many correctional systems, state legislators, courts, and even international human rights bodies are increasingly recommending and implementing reforms to mitigate the harms of solitary confinement, if not abolish the practice entirely. In this piece, we examine three specific infrastructural changes to solitary confinement conditions and practices implemented in Washington state prisons with such harm minimization goals in mind: (1) building so-called “nature imagery rooms” to play videos of outdoor spaces, (2) eliminating punishments for self-harm, and (3) conducting daily cell-front wellness checks. Results Drawing on 183 in-depth qualitative interviews with both staff working in and people imprisoned in solitary confinement units conducted in Washington state restrictive housing units in 2017, we find that these three reforms not only resulted in limited successes but also generated new conflicts. Institutional logics such as deprivation, risk-management, and responsibilization ultimately impeded even the most modest attempts to mitigate the inherently harsh practice of solitary confinement. The limits of these reforms are due in part to individual choices made by people imprisoned in solitary confinement and staff working in these units, as well as the larger cultural norms that shape life in restrictive housing units. Conclusions Incrementalist reforms aimed at softening the environment of solitary confinement may actually serve to increase the strain and stress experienced by people confined to and working within them. Even the most well-intentioned reforms, like those attempted by the Washington DOC, should be scrutinized in order to determine if they are producing the desired outcomes, or instead, reproducing a different, but nonetheless damaging set of harms to people imprisoned in solitary confinement. Further, even well-intentioned reforms are often stymied by the underlying institutional logics of restrictive housing spaces.

Lessons learned from keeping NSW’s prisons COVID-free

Purpose New South Wales (NSW) correctional system houses 30% of prisoners in Australia and at this time has only had a single documented case of COVID-19 amongst its prisoner population. The coordinated response by Justice Health and Forensic Mental Health Network (The Network) undertaken with the support of NSW Ministry of Health, in partnership with Corrective Services NSW (CSNSW), Youth Justice and private jails has ensured that the NSW correctional system has remained otherwise COVID-free. Design/methodology/approach A research study of how a range of partners which support the operations of NSW Correctional System developed an effective approach for the prevention a COVID-19 epidemic amongst its inmates. Findings Establishment of effective partnerships, early coordination of representatives from all aspects of the NSW correctional system, limited access to the correctional environment, reduced prison population and strict isolation of all new receptions have all contributed to maintaining this COVID-free status despite other NSW settings with similar risk profiles, such as aged care facilities and cruise ship arrivals, experiencing serious outbreaks. Research limitations/implications Although Australia/New Zealand context of suppressed community infection rates for COVID-19 (which are approaching elimination in some jurisdictions) is in contrast to the situation in other parts of the world, the principles described in this paper will be useful to most other correctional systems. Practical implications Modelling was used to underline our approach and reinforced the veracity of following this approach. Originality/value The Network and CSNSW has been able to mount an effective, integrated response to the COVID-19 pandemic, which has been sustainable through the first peak of COVID-19 cases. This case study catalogues the process of developing this response and details each intervention implemented with inventive use of tables to demonstrate the impact of the range of interventions used.

Correctional services during and beyond COVID-19

Correctional services, both institutional and within the community, are impacted by COVID-19. In the current paper, we focus on the current situation and examine the tensions around how COVID-19 has introduced new challenges while also exacerbating strains on the correctional system. Here, we make recommendations that are directly aimed at how correctional systems manage COVID-19 and address the nature and structure of correctional systems that should be continued after the pandemic. In addition, we highlight and make recommendations for the needs of those who remain incarcerated in general, and for Indigenous people in particular, as well as for those who are serving their sentences in the community. Further, we make recommendations for those working in closed-custody institutions and employed to support the re-entry experiences of formerly incarcerated persons. We are at a critical juncture—where reflection and change are possible—and we put forth recommendations toward supporting those working and living in correctional services as a way forward during the pandemic and beyond.

Promotion of mental health and well-being in Indian prisons

Decades of study on prison sociology have sought answers to questions pertaining to the social organization of the prison community. Various researchers expressed their opinion, stating that incarceration has a negative psychological impact. Indian Prisons framework it is seen that the penitentiaries are exceptionally stuffed, this in a situation where the crime percentage has expanded alarmingly which further extends the overburdened detainment facilities. This study is aims to review the documentation of committee reports which were attempts to observe the changes in the Indian Prison Structure. It also makes an attempt to explore the behavior, cognitions and emotional adjustments as different variables in understanding the adaptation process in the Prison set up. Overall, it also attempts to highlight the state of wellbeing and promotion of mental health in the Indian Correctional Systems as major reforms to be incorporated.

American Prosecutors as Principals and Agents

The pervasiveness of their influence arguably makes prosecutors the most consequential actors in the American criminal justice system. Armed with discretion over which cases to pursue, what charges to file, and which issue areas to prioritize, prosecutors play a decisive role in determining what progresses from investigation to the courtroom. It is their charge to do justice in each case, but that obligation hardly forecloses the influence of politics on their decisions. Despite their centrality, however, prosecutors and their behavior have failed to garner even a fraction of the attention that scholars have directed toward law enforcement, correctional systems, or judges. The discretion of American prosecutors is theoretically immense; there are few formal constraints upon it. If a federal or state prosecutor declines to pursue a case that has been referred to him or her, that declination decision is essentially immune from judicial review. But these formalisms come with more practical limitations. At the federal level, United States Attorneys are appointed by the president and, therefore, are expected to carry out an administration’s general policy priorities. In the states, most district attorneys answer to the electorate, which imposes its own constraints on a prosecutor’s freedom of action. Chief prosecutors—state and federal—are simultaneously principals to their subordinates and agents of the people or the president. If those considerations were not enough, American prosecutors must be mindful of still other factors. How might their actions today impact their future career paths? What influence might legislative changes, public opinion, or judicial rulings have on how they operate? Scholarship on prosecutors has addressed some of these questions, but we still lack a good understanding of all the ways in which politics infects prosecutorial decision-making. As “progressive prosecutors”—many who are former public defenders—continue to win office, new questions will arise about how far prosecutors can push reform of the criminal justice system. A major looming question is how voters conditioned to law-and-order rhetoric will evaluate the new prosecutors. Some preliminary work shows that non-White prosecutors tend to reduce rates of incarceration, while Republican-affiliated prosecutors increase them.

Pathways and penalties: Exploring experiences of agency among incarcerated women in South Africa

Despite the documented rise in the population of incarcerated women over recent decades, female offenders only represent about 5% of the total global incarcerated population. South Africa is no different – female offenders total less than 3% of the country’s incarcerated population, a populace that was previously counted as one of the ten largest correctional systems in the world. This small representation of women in the correctional system leads to interpretations of their pathways to offending and experiences of incarceration to be the same as those of male offenders, delegitimising any role that gender may play in offending behaviour. By utilising a feminist pathways research approach, the narratives of 17 women incarcerated in the Johannesburg Female Correctional Centre are contextualised in this study, to reveal conduits to women’s incarceration that primarily involve victimisation and socially constructed gendered vulnerabilities that are interconnected with poverty and oppression. As seen through excerpts of their life history interviews, this confluence of factors, coupled with pathways of narrowing options, contribute to female offending. Ultimately the research allows for a holistic understanding of the unique choices and challenges incarcerated women in South Africa face, and the role agency and patriarchy has played in the pathways taken.