By Christi M. Smith

Across the nation, jails and prisons are primarily occupied by individuals experiencing mental health conditions, substance-related issues and housing and employment instability. The deinstitutionalization of mental health asylums in the 1950s and 1960s resulted in American jails and prisons becoming the de facto treatment facilities for the mentally ill. The overrepresentation of individuals with these issues has overwhelmed the criminal justice system for decades, which prompted the federal government and private organizations to fund the Criminal Justice/Mental Health Consensus Project two decades ago. This multisystem collaboration among criminal justice, mental health and policy professions sought several outcomes:

Define the measures that state legislators, law enforcement officials, prosecutors, defense attorneys, judges, corrections administrators, community corrections officials, and victim advocates, mental health advocates, consumers, state mental health directors, and community-based providers agree will improve the response to people with mental illness who are in contact (or at high risk of involvement) with the criminal justice system.

Despite this interagency effort and its resulting 2002 report, the problem persists. The consensus is that jails and prisons are a costly, ineffective intervention that may exacerbate negative social conditions. Available evidence indicates that police-led deflection, which empowers police officers to use their discretion to refer individuals to the appropriate rehabilitative and social service systems instead of arrest, is a less expensive, more effective intervention for nonviolent people whose alleged law violations stem primarily from social service issues. Diversion is also supported by the International Association of Chiefs of Police and is currently in use at approximately 850 sites across the country.

Police leaders attempting to incorporate data-driven strategies and best practices into their departments are likely to encounter pushback from the rank and file because deflection from the criminal justice system tends to be inconsistent with traditional recruitment messaging, training approaches and police practices. Police culture, often characterized by an “us versus them” mentality, skepticism and distrust of outsiders, is difficult, though not impossible, to change. In order for law enforcement officers and agencies to move toward deflection and away from the historic reliance on arrest for law violations stemming from social-service issues, leadership must commit to the new model. For this effort to be successful, the efficacy and value of the approach must be woven into daily police practices; officers have to be trained differently and collaborative partnerships with the appropriate community-based resources need to be established. In addition, deflection can only work to the degree that robust resources are available for diversion in lieu of arrest and incarceration.

In this paper, we present the typical characteristics of police cultures, explain the concept of deflection and articulate how law enforcement leaders can cultivate organizational cultures that support police-led, pre-arrest diversion.

R Street Shorts No. 118 

Washington, DC: R Street, 2022. 6p.

 By Lisel Petis  

 Prosecutors hold tremendous power to fill and empty jail cells. As administrators of justice, they have a duty to use this power effectively to uphold justice for victims, the community and the accused. In other words, they must balance their commitment to support public safety with their duty to protect the rights of the accused. Importantly, research has shown that limiting individuals’ exposure to jail can improve public safety and effective alternatives to incarceration can ensure that those who have committed a crime are still held accountable. Thus, to strike a balance between upholding public safety and implementing effective alternatives that can reduce jail populations, prosecutorial power and discretion must be used strategically. To help prosecutors’ offices achieve this balance, we have created a SWOT analysis to explore the strengths, weaknesses, opportunities and threats of taking action and leveraging prosecutorial power to safely lower jail populations.

  R Street Policy Study No. 268  

Washington, DC: R Street, 2022. 18p.

By Stacey McKenna and Chelsea Boyd  

Often referred to as the world’s oldest profession, prostitution was largely legal in the United States until the early 1900s. Since that time, the commercial sex trade—encompassing prostitution, pornography, exotic dancing, escort services, erotic massage and more—has come under a flurry of regulations, primarily at the state level. In particular, prostitution, or “full-service” sex work (the focus of this policy paper, and heretofore referred to simply as sex work), is criminalized to varying degrees in all 50 states, with few jurisdictional exceptions.

The definition of prostitution and its associated laws are reflections of “cultural, economic, political, and sexual dynamics.” Research demonstrates that people of varied gender identities; sexual orientations; and racial, ethnic and socioeconomic backgrounds choose to enter the commercial sex industry. In addition, as with most jobs, sex workers report a range of reasons for entering the trade, including limited alternative job options, superior earning potential, flexible schedules, enhancement of self-worth, enjoyment and more. Importantly, while existing research demonstrates that many sex workers choose the profession freely and report benefits from that choice, a subset of people involved in sex work are victims of sex trafficking, and finding ways to assist these victims is critical. Equally vital to the conversation about the harms of criminalizing sex work is recognizing that many organizations, politicians and activists promote strict, gendered narratives and conflate consensual sex work with sex trafficking to justify prohibition.

Evidence from diverse political, cultural and socioeconomic contexts across the globe indicates that prohibitionist policies “undermine the rights and safety of sex workers,” which harms sex workers who have been coerced as well as those who enter the trade voluntarily. Indeed, a growing body of international research shows that any criminalization of sex work—including the so-called “end-demand” model in which only buyers and third parties are targeted for arrest and prosecution—is associated with a range of health and safety consequences. For example, sex workers who have experienced criminalization or who live in even partially prohibitionist policy environments have an elevated risk of contracting sexually transmitted infections (STIs); experiencing violence at the hands of clients and law enforcement officers; and having difficulty accessing health care services. Furthermore, the stigma and isolation associated with sex work’s social and legal status can be harmful to mental health.

Recognizing these harms, sex worker advocates around the world are calling for decriminalization. Although the movement has yet to garner substantial traction in the United States, some jurisdictions have implemented alternatives to the full criminalization of sex work, albeit temporarily in some cases. In this policy study, we review the scientific literature and present perspectives from interviews we conducted with activists and scholars to explore real-world examples of alternatives to criminalization and their associated public health implications.

Washington DC: R Street, 2023. 7p.

By Logan Seacrestection: A Systems Approach to Red

Over the past two decades, the United States has made significant strides in adopting evidence-based approaches to juvenile justice. However, America still has relatively high juvenile arrest rates, which are correlated with negative life outcomes. Pre-arrest diversion, also known as “deflection,” is a promising approach to reducing juvenile arrests. Juvenile deflection redirects young people away from the formal justice system at the earliest point of contact, avoiding the adverse consequences associated with an arrest. This policy paper evaluates the evidence supporting deflection, using case studies to highlight data collection techniques essential to success.

By sharing the successes and challenges from a variety of real deflection programs, this paper outlines the quantitative metrics necessary to enhance performance, processes and outcomes. Robust data collection has made Florida’s civil citation program one of the most successful deflection initiatives in the country, realizing millions in cost savings and reducing racial disparities. Another is the Cambridge Safety Net Collaborative, which uses data sharing agreements to foster multiagency cross-system cooperation, connect youth with services and reduce recidivism. Exploring how these and other programs leverage data provides juvenile justice professionals a roadmap to minimize youth contact with the justice system.

R Street Policy Study No. 290

Washington, DC: R Street, 2023. 13p.

By Logan Seacrest

Restorative justice is an alternative approach to addressing crime focused on repairing harm and restoring relationships. From international peacemaking tribunals to the school playground, restorative frameworks can be adapted to fit almost any situation. Empirical, up-to-date evidence on restorative practices is necessary to design programs that hold people accountable and address the needs of all stakeholders in ways that the traditional justice system is not necessarily designed to do. This policy paper explores the history, principles, methods and outcomes of applying restorative practices to the juvenile justice system and offers key recommendations for implementing such programs. 

  R Street Policy Study No. 294 September 2023  

Washington, DC: R Street, 2023. 18p.

By Eunice Hyunhye Cho, ACLU National Prison Project; Tessa Wilson

Since January 1, 2017, Immigration and Customs Enforcement (ICE) has reported that 68 people have died in its custody. This number does not include detained people who ICE released immediately prior to their deaths, which ICE has admitted reduces the number of reported deaths, and allows the agency to avoid accountability requirements.[1] These deaths raise serious concern about continued, systemic problems with medical and mental health care provided in immigration detention facilities, and the absence of accountability or consequences faced by facilities where detained people have died. ICE currently detains, on average, approximately 38,000 people each day in a network of approximately 130 detention facilities nationwide. Congress, however, recently increased ICE’s budget to detain 41,500 people on a daily basis for FY 2024, at a cost of $3.4 billion.[2]

This report, a joint project of the American Civil Liberties Union (ACLU), Physicians for Human Rights (PHR), and American Oversight, provides a comprehensive examination of the deaths of 52 people whom ICE reported to have died in its custody between January 1, 2017 and December 31, 2021. Our analysis is based on a review of over 14,500 pages of documents obtained from the Department of Homeland Security (DHS) and ICE through Freedom of Information Act (FOIA) requests; from local government agencies through state public record act requests; and from civil litigation. Report analysis also incorporates the review of ICE’s own investigatory reports into deaths in custody by independent medical experts, as well as interviews with two family members of people who died in ICE detention during the studied period.

Deadly Failures exposes the ways in which the Department of Homeland Security’s (DHS) internal oversight mechanisms have failed to conduct rigorous investigations, impose meaningful consequences, or improve conditions that cause immigrants to die in ICE detention. Based on independent medical expert reviews of deaths, the report further examines the ways in which systemic failures in medical and mental health care in ICE detention have caused otherwise preventable deaths.  

New York: Physicians for Human Rights, 2024. 76p.

By City of Chicago, Office of the Inspector General

In its February 2021 report, OIG found that despite advance information signaling the planning of large-scale public protest gatherings following the murder of George Floyd, the Chicago Police Department (CPD or the Department) was under-equipped and unprepared to respond to the scale of the protests and unrest in the downtown area and across Chicago’s neighborhoods from May 29 through June 7, 2020 (2020 protests and unrest).

OIG identified failures within intelligence assessment, major event planning, field communication and operation, administrative systems, and, most significantly, from CPD’s senior leadership.

Chicago: Office of the Inspector General, 2024. 52p.

By Stephen Koppel, René Ropac, & Michael Rempel    

  This report examines failures to appear (FTA) across New York State in cases released at arraignment in 2022. Why it matters: Under New York law, judges are permitted to set pretrial conditions solely for the purpose of ensuring a person’s return to court. It is therefore important to understand how often people fail to appear (FTA), as well as the factors linked to higher or lower FTA rates. What questions are addressed: 1) What types of cases are released at arraignment as opposed to facing bail or pretrial detention? 2) How do FTA rates differ by region, the current charge, criminal history, and demographics? 3) After controlling for other characteristics, what factors predict higher or lower FTA rates? How we did this: Using public data from the Office of Court Administration (OCA) and New York State Division of Criminal Justice Services (DCJS), we calculated FTA rates for all cases arraigned in 2022. Multivariate regression models were then used to identify unique predictors of FTA. All analyses were conducted statewide and broken out by region (NYC, NYC Suburbs, Upstate).

Key Findings:

In 2022, New York’s statewide FTA rate for released cases was 17%.

• Charge Severity: Violent felonies had the lowest FTA rate of any charge severity (10 percentage points lower than misdemeanors). The statewide FTA rate for violent felonies was only 13%.

• Charge Type: FTA rates varied significantly based on the specific charge, with petit larceny, misdemeanor drug possession, and burglary having the highest rates, while DWI had the lowest. The FTA risk ranged from 5% for DWI to 28% for petit larceny statewide.

• Criminal History: Having a pending case and multiple prior misdemeanors were predictors of FTA, with a pending case increasing FTA risk by 10 percentage points statewide.

• Demographics: No demographic characteristic was clearly associated with FTA. After controlling for other factors, Black, Hispanic, and white people had the same likelihood of FTA (17%). For violent felonies, statewide FTA rates also did not vary by race/ethnicity (13% for Black and 14% for Hispanic and white people).

datacollaborativeforjustice.org/wp-content/uploads/2024/05/FTA_Report_final.pdf

New York: Data Collaborative for Justice at John Jay College, 2024. 47p

By Nazgol Ghandnoosh,  and Kristen M. Budd

  A decade after national protests catapulted the Black Lives Matter movement following the police killing of Mi chael Brown in Ferguson, Missouri and four years after a national racial reckoning triggered by Minneapolis police officers killing George Floyd, lawmakers are wavering on their commitment to making the criminal legal system more just and effective.1 Many are reverting to the failed playbook of the 1990s which, as this brief will show, dramatically increased incarceration, particularly among Black Americans, with limited benefits to community safety. The recent move away from evidence-based policymaking includes New York’s reversal of its bail reform law, Louisiana’s expansion of its already draconian prison sentences, and Oregon’s repeal of Measure 110, which had decriminalized the possession of controlled substances in favor of a public health response.

This shift threatens the modest progress made in recent years in reducing U.S. incarceration levels. The United States now ranks sixth globally in its incarceration rate – as much as eight times the rate of industrialized peer countries.3 Following a nearly 700% buildup in imprison ment since 1972, the U.S. prison population downsized by 25% between 2009 and 2021 – falling to under 1.2 million people.4 A significant portion of this decline occurred in 2020 due to the COVID-19 pandemic, when reduced prison admissions and expedited releases downsized the prison population by 14%.5 Interventions such as the transfer of approximately 11,000 people from fed eral prisons to home confinement demonstrated that in some cases, substantial decarceration could accompany extremely low recidivism rates.6 Nevertheless, imprisonment levels increased in 2022.

Rates of crimes reported to U.S. law enforcement reached peak levels in the 1990s, and fell roughly 50% by year end 2019.8 However, the uptick in the 2022 pris on population – following eight years of modest decline – occurred in the midst of growing concern about crime. The economic, social, and psychological turbulence of the COVID-19 pandemic contributed to a seismic shift for the most serious crime: homicide. Homicides spiked up 27% in 2020 and remained at elevated rates until declin ing substantially in 2023.9 Reported rates of violent and property crime exhibited typical fluctuations amidst the pandemic, although household surveys of violent victimization showed a more dramatic increase across the country.10 Motor vehicle thefts, which were at near-historic lows by 2019, also increased in the subsequent years, as did carjackings.11 These facts, combined with bouts of misleading media coverage have heightened public concern about crime.12 When combined with a growing sense of disorder and the persistence of the drug/opioid overdose crisis, the result has been eroded policy debates about how to create community safety. 

Washington, DC: The Sentencing Project, 2024. 18p.

By Michael A. Bryan & Annie E. Hill

Worldwide, counterfeit, illicit, and untaxed alcoholic spirits are responsible for problems with economy, labor, and public health. Estimations of counterfeit spirits range from 25% to 40% of total alcoholic spirits consumed globally. Including knock-on effects, these products cost the EU alone 23,400 lost jobs and at least €3B in lost revenue per year. Annually there is at least €1.2B in lost government revenue. Counterfeit products decrease legitimate sales, both by replacement sales, and by the erosion of consumer product trust and satisfaction of legitimate goods and decrease legitimate manufacturing jobs. We review the worldwide problem, scope, and scale of the spirits counterfeiting problem including specific health issues, and the international plight of reduced labor available resulting directly from production and sale of counterfeited liquor. In addition, we review a wide range of methods and technologies to analytically detect chemically adulterated or substituted products that have been published and group technologies into 4 functional areas highlighting economy, generality, and utility. Approaches to prevention are also discussed.

Journal of the American Society of Brewing Chemists, 1–17. April 2024.

By Caroline Lanskey, Sarah Doxat-Pratt, Loraine Gelsthorpe 

  Inspiring Futures (IF) was an ambitious programme of work, led by the National Criminal Justice Arts Alliance and funded by the Paul Hamlyn Foundation, with the research element funded by the Economic and Social Research Council. It reflected a unique collaboration bringing together leading arts in criminal justice organisations and the University of Cambridge’s Institute of Criminology (IoC). Inspiring Futures combined a ground-breaking artistic programme in prisons and the community with embedded participative research. It aimed to advance knowledge into why and how arts interventions affect the lives of people in the criminal justice system and how these effects may be optimised to promote a stepchange in arts programmes embedded in criminal justice settings. It also identified the wider impact of these programmes: for programme facilitators and organisers, for the settings in which the programmes were run, for audiences and for the criminal justice and arts sectors overall. With oversight from the National Criminal Justice Alliance the participating arts organisations (selected through an open process) were: Clean Break, Geese Theatre Company, Good Vibrations, Helix Arts, the Irene Taylor Trust, Koestler Arts, Only Connect, and the Open Clasp Theatre Company. These partner arts organisations ran a range of music and drama projects as part of the Inspiring Futures programme. Data collection started in March 2020 and was intended last 24 months. However, the Covid19 pandemic and related lockdowns led to significant changes to the IF programme of activities, particularly those in prisons. Prisons entered lockdown regimes on 24 March 2020, and all non-essential work, including all IF work, was suspended indefinitely. After the national lockdown ended, a 5-stage regime framework was introduced which prisons moved between, but there was a further prison lockdown in December 2021 and this remained in place until January 2022, and longer in some establishments. There was therefore a long hiatus before arts activities were reinstated, and fieldwork to observe projects and interview participants was intermittent between 2020 and 2023, with some additional set-backs and delays. Our intention to ensure full-scale follow-ups with participants at three intervals suffered from the extended period of fieldwork, with a necessary concentration of effort in data collection at Times 1 and 2, (start of course, end of course) resulting in a limited sample at Time 3 (10-18 month follow-up)  The research builds on notable previous attempts to demonstrate the importance and value of arts programmes and initiatives in criminal justice settings. What is distinctive about the approach in this research is that it consisted of two sets of investigative activities, the first focused on the impact of the arts for participants involved in the programmes(the participant study); the second focussed on the wider impact of the arts programmes, for the arts facilitators and organisations, for the criminal justice and arts sectors, and for audiences (the wider study). The four core research questions were: i) What are the effects of arts programmes in the criminal justice sector? ii) How can these effects be measured in a way 

that is participatory and inclusive and which is accessible, meaningful and empowering to participants, and builds research capacity amongst arts organisations? iii) How can these effects be collated to establish a collective evidence base for impact which can be further developed and sustained by arts organisations in the future? and iv) How can the evidence of arts impact be disseminated to policy makers and the wider public in order to facilitate a transformation of approaches and attitudes towards people in the criminal justice system?    continued....

The Inspiring Futures research report “An Evaluation of the Meaning and Impact of Arts Programmes in Criminal Justice Settings” has just (3 June 2024) been published. Funded by the Economic and Social Research Council and the Paul Hamlyn Foundation, Inspiring Futures was an ambitious programme of work that examined how and why arts interventions impact on the lives of people in the criminal justice system, and how to best optimise their effect. Led by the National Criminal Justice Arts Alliance, the project was a unique collaboration, bringing together eight leading arts in criminal justice organisations, University of Cambridge’s Institute of Criminology, and participants within the criminal justice system.

The research

The research built on previous attempts to demonstrate the importance and value of arts programmes and initiatives in criminal justice settings. It consisted of two studies, the first focused on the impact of the arts for participants involved in the programmes and the second on the wider impact of the arts programmes, for the arts facilitators and organisations, for the criminal justice and arts sectors, and for audiences.

Main findings

The researchers explored participant impact in terms of creative development (‘creative capital’), their inner lives (wellbeing, self-concept and personal development), and their social worlds and opportunities. They found small but statistically significant positive changes from the start to the end of the courses across the whole participant sample.

Participants said they had learned new technical or creative skills, and that being able to be creative gave them confidence to try new activities. They described positive shifts in their wellbeing, their self-concept and their personal development. Some said the programmes gave ‘meaning’ to their lives and a sense of future agency (by attending another project or programme, or by thinking about future aspirations).

In terms of self-concept, two particular themes stand out: a growth in self-understanding and greater confidence to challenge oneself and put oneself in new and potentially demanding situations.

In terms of personal development both the quantitative and qualitative data indicate that participants felt that they had been given an opportunity to develop new skills and capacities that might make a difference in their future. Some said that their desire to work on their personal development had been reignited or inspired.

Participants also reported positively on the social impact of taking part in the programmes and the relationships that were built or strengthened with others, both within and outside the criminal justice settings. Thus there is evidence of ‘bonding social capital’; through participation new connections and friendships were formed. Relatedly, some participants felt that attending the arts programmes had brought them closer to their families – to their children, their partners, and parents – because of having something positive and uplifting to share with them, and because of an increased social confidence which had come about through participation.

Wider impact

Looking at the wider impact, researchers found that the direct participation of staff members in the arts programmes could yield longer-term benefits for relationships between staff and prisoners. The presence of prison staff and managers at performances also demonstrated an important message to participants about the prison’s support for the arts activities and the staff’s interest in prisoners’ achievements.

One strong theme here was that staff and prisoners could see each other as ‘real people’. As well as the individual and relational legacies of the arts programmes on life within the prison setting, people spoke of a broader cultural impact. Instrumentally the programmes contributed to the prisons’ agenda for purposeful activity and rehabilitative programmes, but the courses could also create a ‘buzz’ within the prison that was energising.

Conclusion

This was a substantial study and the research programme was able to generate unique insights into the similarities and differences regarding the effects of different arts forms. While there were many similarities in terms of the positive experiences as described above, there were also differences between the art forms.

Drama activities involved embodiment of the self, with participants drawing on earlier life experiences, and subsequently engaging in intensive self-reflection and reflection on their own and others’ behaviour. The drama programmes also offered a high degree of flexibility in terms of improvised self-expression.

The music programmes provided greater scope for technical skills to be developed – with tangible outcomes.

Overall, the distinguishing feature of the arts programmes in this study was the focus on ‘the social’ – social interactions and relationships were intrinsic to the creative activities, learning, desistance-related and other outcomes for participants.

Suffolk, UK: National Criminal Justice Arts Alliance

Clinks, 2024. 128p.

By Richard Martin

  The only sentence a court can pass for murder is life imprisonment. The mandatory life sentence is comprised of three elements: the minimum term spent in prison (handed down by the sentencing court); the post-term (determined by the Parole Board and its assessment of the offender’s dangerousness); release on licence into the community, subject to conditions and the possibility to recall the offender back to prison. • The challenge facing the sentencing judge in murder cases derives in large part from the range of harm and culpability the offence of murder encompasses in England and Wales. Murder can be committed where the offender intends, or foresees as virtually certain, not only the victim’s death, but also really serious harm and then death in fact results. • Schedule 21 to the Sentencing Act 2020 governs the sentencing of murder. It was originally introduced in the Criminal Justice Act 2003. By creating a series of starting points and providing lists of aggravating and mitigating factors, Schedule 21 recognises that despite the mandatory nature of the life sentence, an identical level of seriousness cannot be attributed to each murder. In a series of cases, the Court of Appeal of England and Wales has interpreted and applied Schedule 21 to ensure sentencing judges achieve a just sentence in accordance with the guidance provided for by Parliament in Schedule 21. • According to the Sentencing Council, the introduction of the higher starting points in Schedule 21 has meant sentences for the vast majority of murder cases increased substantially. The average minimum term has risen from 13 years in 2000 to 21 years in 2021 – an increase of over 60%. This increase in minimum terms has also inflated sentence lengths for other serious offences, most notably manslaughter. • Schedule 21 has been the subject of a series of amendments over the last two decades driven by successive Governments, notably the expansion of cases within the higher-level starting points and the creation of a new starting point (25 years). Recent amendments to Schedule 21 have been announced by the Government and are contained in the Sentencing Bill, Criminal Justice Bill and the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2023. The first of these seeks to expand the types of cases to which the Whole Life Order will apply, while the latter two are in response to the Domestic Homicide Sentencing Review, which made recommendations to better reflect the causes, characteristics and harms of fatal domestic abuse. • There have been numerous critiques of Schedule 21. A longstanding one has been the very justification for the mandatory, rather than discretionary, life sentence for murder in the first place. As for the sentencing framework in Schedule 21 specifically, criticism has focused on the disproportionality between Schedule 21’s starting points and the offender’s harm and culpability, as well as the ordinal disproportionality across starting points. More recent commentary has questioned the merits and operation of the Whole Life Order, as well as noting the limited empirical research on its effects on offenders.  

London: The Sentencing Academy 2024. 22p.

Claire Durrant, Tamsin Hinton-Smith and Lisa Holmes  

Between June 2021 and June 2023, the Innovation Unit (IU) delivered the Always Hope project to 61 care experienced young men in Brinsford and Swinfen Hall Youth Offender Institutions (YOI). The majority of the young men were under the responsibility of Birmingham, Coventry and Wolverhampton local authorities, however, nine were under the responsibility of Sandwell, Shropshire, Torbay and Worcester local authorities. Always Hope aims to reduce reoffending and improve outcomes for young people (aged 18-25) who have been in both the care system and prison, and comprises two key components. Firstly, Integrated Planning and Assessment (IPAA) which aims to improve how professionals in local authority leaving care services and the prison and probation service work together to provide support for care experienced young people in prison and on release. The second component of Always Hope is to offer opportunities for care experienced young people in prison to connect with a positive and sustainable network of friends, family and community members through either Lifelong Links in Coventry and Birmingham or Group Conferencing in Wolverhampton; notably, Group Conferencing does not include the tools and approaches that are a central part of Lifelong Links.

London: Innovation Unit, 2024. 101p.  

By The U.S. Department of Justice, Office of the Inspector General

  Our unannounced inspection identified several serious safety and security issues at FCI Sheridan affecting both employees and inmates. Most significantly, substantial shortages of Correctional Officers and healthcare workers―which is an issue at many BOP institutions—have created widespread and troubling operational challenges at FCI Sheridan that substantially impact the health, welfare, and safety of employees and inmates. For example, healthcare staffing challenges seriously impact FCI Sheridan’s ability to provide adequate healthcare to inmates. In particular, this affects the performance of routine, daily functions such as drawing blood for laboratory tests, triaging patient requests for care, and ensuring that medical equipment and supplies are ready to be used for routine care and in the event of a medical emergency. Especially alarming was our finding that the institution had a backlog of 725 laboratory orders for blood draws or urine collection and 274 pending x-ray orders. These backlogs cause medical conditions to go undiagnosed and leave providers unable to appropriately treat patients. Specifically, an FCI Sheridan physician told us that the backlog of laboratory orders for blood draws or urine collection has compromised his ability to treat patients and has prevented him from monitoring the effects of medication on his patients’ kidney and liver functions. These limitations are concerning for the treatment of any medical condition, but especially concerning for the treatment of chronic conditions, such as diabetes and hepatitis C, that regularly affect inmates. We note that FCI Sheridan took action to decrease these backlogs after our on-site inspection and after we expressed concern about these issues to the BOP; as of May 2024, the backlog of laboratory orders stood at 44 and the backlog of pending x-ray orders stood at 84. Delayed medical treatment can lead to more serious medical conditions for an inmate, as well as substantially increased costs for the institution. For example, we found that, just prior to our inspection, an inmate feigned a suicide attempt in order to receive medical attention for an untreated ingrown hair that had become infected. When finally examined after the feigned suicide attempt, he required hospitalization for 5 days to treat the infection. Separately, while not directly

Washington, DC: OIG, 2024. 39p.

By Erica King, Keilah Joyner, Alison Shames, Kristie Puckett, Darlene George, and Skye Adams

  As more jurisdictions across the country seek to improve their pretrial practices, reducing the number of women who are unnecessarily detained in jail pretrial is of utmost importance. In 2024, there were nearly 190,600 women and girls incarcerated in prisons, jails, and other carceral spaces in the United States.1 Nationwide, women’s state prison populations have grown 834% over nearly 40 years.2 834%--twice the pace of growth of the male prison population.3 Notably, more women are held in local jails—which are often outdated—than in state prisons. Moreover, of the 84,000 women in local jails, more than half (51,200) are presumed innocent and are detained while waiting the final disposition of their case.4 Most of those detained in jail pretrial are likely there not because they are deemed a danger to the community or a flight risk but because they do not have the financial means to satisfy a requirement to pay a relatively nominal monetary bond. This result should come as no surprise given that the median bond amount for a felony charge is $10,000 and the average yearly income for a woman who cannot afford to post bond is $11,000.5

Women who are held in local jails and are not convicted are largely there on accusations of nonviolent behavior: Less than a quarter of the 51,200 women held in jails pretrial (11,400) are charged with violent offenses. Rather, they are arrested for property crimes (16,200), drug offenses (15,300) and crimes against public order (8,000).6   xxxx

Kensington, MD: Center for Effective Public Policy  (CEPP), 2024. 48p.

By Gemma Buckland

  Brain injury is known to be a major factor in impacting maturational development and affecting outcomes for young adults. As Barrow Cadbury Trust’s evidence has carefully documented, neuroscientific research identifies that the typical adult male brain is not fully formed until at least their mid-20s. Over the last three years, since the then Secretary of State for Justice commissioned a review, there has been increased awareness of the prevalence of neurodiverse conditions and their impact on policy and practice in the criminal justice system (CJS). UKABIF received support from Barrow Cadbury Trust under the Transition to Adulthood (T2A) programme to review what policies and practices are in place for young adults (aged 17-25 years) which recognise both Acquired Brain Injury (ABI) and maturity. The review also considered what needs to happen to ensure that practice for this cohort is as effective as possible taking into account available resources and policy priorities. The project has included: ■ Conducting research involving Freedom of Information (FoI) requests which highlighted the limitations of the existing response by the police and liaison and diversion services to young adults with brain injury in terms of awareness of both ABI and maturity ■ Disseminating the results at a national and an international conference ■ Establishing evaluation sites for The Disabilities Trust (now Brainkind) Ask, Understand, Adapt programme (online training modules on ABI), evaluation in four prisons holding young adults, designing evaluation tools and commencing the evaluation. The evaluation was part of an agreement that enabled The Disabilities Trust to make available to His Majesty’s Prison and Probation Service (HMPPS) the training which had been commissioned by National Health Service (NHS) England to all people with a justice.gov.uk email address ■ Co-creating with young adults a leaflet for criminal justice agencies working with young adults with brain injury to signpost them to sources of support ■ Engaging with NHS England to ensure that guidance for Community Sentence Treatment Requirements and Reconnect included content on ABI ■ Developing a policy levers matrix to illustrate the range of touchpoints with the CJS where there is potential to better support young adults with ABI and an accompanying chart with examples of existing initiatives. We conclude that there is significant scope for further work by the T2A Alliance, UKABIF and other members of the ABI Justice Network to continue to promote a distinct approach to young adults with ABI. While there is some recognition of ABI and awareness is rising, how ABI affects the maturity of young adults is not yet considered in the early stages of the CJS (in police custody suites and liaison and diversion schemes). For example, data held in police custody suites and by liaison and diversion services is not yet strong enough to understand the needs of this important cohort or the extent to which they are met. There are also currently not many support pathways specifically for people with ABI, let alone those which are specifically for young adults. This report is for commissioners, senior leaders and practitioners working in criminal justice, health and social care with young adults who are in contact with the CJS.  

London: www.ukabif.org.uk

United Kingdom Acquired Brain Injury Forum, 2024. 28p.

By Greg Stoddard, Dylan J. Fitzpatrick & Jens Ludwig

Whether police misconduct can be prevented depends partly on whether it can be predicted. We show police misconduct is partially predictable and that estimated misconduct risk is not simply an artifact of measurement error or a proxy for officer activity. We also show many officers at risk of on-duty misconduct have elevated off-duty risk too, suggesting a potential link between accountability and officer wellness. We show that targeting preventive interventions even with a simple prediction model – number of past complaints, which is not as predictive as machine learning but lower-cost to deploy – has marginal value of public funds of infinity.

\

WORKING PAPER 32432

Cambridge, MA: National Bureau of Economic Research (NBER), 2024. 

By Merran McAlister and Samantha Bricknell

This Statistical Bulletin presents the results from the AIC’s 2022–23 Fraud Against the Commonwealth census.

Internal fraud investigations commenced decreased from the previous financial year, whereas external fraud investigations increased. The numbers of internal and external fraud allegations substantiated also decreased compared with the previous financial year.

Program information and program payments were the principal targets of substantiated internal and external fraud allegations respectively. Automatic processes and detection by a staff member were the primary methods of detecting internal and external fraud in 2022–23.

Internal fraud losses were greater and external fraud losses were lower than the losses reported in 2021–22. Australian Government entities reported smaller overall internal and external fraud recoveries in 2022–23 than in the previous financial year.

Statistical Bulletin no. 44. 

Canberra: Australian Institute of Criminology. 2024. 20p.

By Francesca Francavilla, Scott Lyon and Michaëlle De Cock 

This report estimates the profits generated from forced labour in the world today. These profits reflect the wages effectively stolen from the pockets of workers by the perpetrators of forced labour through their coercive practices. Understanding and addressing these illicit profits is critical to achieve progress in the fight against forced labour. 28 million people were trapped in forced labour on any given day in 2021. Forced labour is a criminal offence and a serious violation of fundamental human rights. Beyond the individual consequences for the victims, forced labour comes with economic and social costs for the entire society. This ILO report, which is funded by the government of France, will shed light on the link between forced labour and the economic incentive structures driving it.

 Geneva:  International Labour Organization Fundamental Principles and Rights at Work (FUNDAMENTALS) Branch 2024 48p.

By Ohio. Office of the Attorney General (Dave Yost: Attorney General

The Ohio Legislative Service Commission has estimated that the cost of capital cases range from $1 to $3 million per case based on a collection of quantitative and qualitative studies in other states. “If these estimates apply to Ohio, then the extra cost of imposing the death penalty 121 times on the 119 people currently on Death Row might range from $121 million to $363 million,” notes the Report. “[I]t’s a stunning amount of money to spend on a program that doesn’t achieve its purpose.” 

Of the 341 death sentences imposed on 336 prisoners from the state’s enactment of the death penalty in 1981 through the end of 2023, only one of every six sentences, or 56 executions, have been carried out. The Report notes that “87 death sentences have been removed by judicial action resulting in resentencing or release.” Twenty-one prisoners have had their sentences commuted. Forty prisoners have died of natural causes or suicide, which the Report notes are more likely causes of death than execution. Nine prisoners with intellectual disabilities were removed from death row after the Supreme Court held that executing people with intellectual disabilities was unconstitutional in Atkins v. Virginia (2002). Under Ohio’s 2021 law barring the death penalty for individuals with severe mental illness – only one of two states with such legislation – six people have been removed from death row and another 35 petitions are currently pending review. 

As of December 31, 2023, 119 people with 121 death sentences remain on Ohio’s death row, nine fewer people than 2022. As of April 1, 2024, prisoners spent an average of 7805 days or 21 years on Ohio’s death row – a number that has consistently increased with each year. Prisoners are an average of 55.5 years old today and were an average of 34 years old at their time of sentencing (figures used the most current resentencing). Due to difficulty obtaining lethal injection drugs, the state has not carried out executions since 2018, at which time the average time spent on death row was 6,280 days or 17.19 years. Currently, there is a bill in the state legislature proposing the authorization of nitrogen gas in executions, described by AG Yost as a way to “kickstart” executions. The report identifies eight cases in which an execution date could be filed. 

Columbus: Office of the Attorney General, 2024. 424p.