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Posts in Criminal Justice
Failure to Appear and New Criminal Activity: Outcome Measures for Preventive Detention and Public Safety Assessments

By E. Ferguson, H. De La Cerda, and P. Guerin 

This report reviews the impact of preventive detention motions on the Failure to Appear (FTA) and New Criminal Activity (NCA) rate for individuals in Bernalillo County charged with felony crimes and for which the Public Safety Assessment (PSA) was administered and used in the pretrial release decision making process from the Bernalillo County Metropolitan Detention Center (MDC). This report contains several sections. Following this introduction, we include a brief description of the sample of court cases used in this review. Next, we discuss PSA recommendations and crime types, the PSA and pretrial detention motions, pretrial detention motions and FTA and NCA rates, and NCA and charge levels. 

Highlights: • A Pre-Trial Detention motion was more likely to be granted for cases with more restrictive PSA recommendations. • Preventive Detention Motions were not associated with failure to appear to court or new criminal activity. • As PSA recommendation categories became more restrictive FTA rates and NCA rates increased. • The most serious charge for BCMC cases were violent (35%), property (30%), and drug (27%). • ROR release recommendations accounted for 32.7% of violent charges recommendations. RORs had an FTA rate of 8.5% and an NCA rate of 8.3%. • PSA recommendation categories were not evenly distributed between violent and non-violent charges. • Preventive detention motions have been filed for all PSA recommendation categories, including 18.7% with a ROR. • Higher FTA and NCA rates were associated with drug offenses, property offenses and public order offenses. • Overall, the new criminal activity rate was less than 20% and was primarily for charges of a lower or equivalent level as the assessed case. 

Albuquerque: University of New Mexico, Institute for Social Research , 2020. 16p.

A Process Evaluation of the Department of Corrections Risk Intervention services

By Megan A. Novak

In 2013, the Vermont Department of Corrections (DOC) began planning for significant changes in the way it delivered programs. The DOC adopted the National Institute of Corrections (NIC) Eight Evidence-Based Principles and developed the Risk Intervention Services (RIS) model with these principles as the foundation, specifically focusing on Principles 1 through 6— assess risk, enhance intrinsic motivation, target interventions, use cognitive behavioral approach, provide positive reinforcement, and provide ongoing support. All services and curricula administered in the DOC are now placed under the Program Services Director. New initiatives were put in place, staff were trained, the priority target population was identified, and implementation began in 2018. Now is the time to address Principle 7 (measure the relevant processes and practices) and Principle 8 (provide measurement feedback/using data to guide actions). To our knowledge, Vermont’s RIS model is the only one of its kind operating nationally that integrates clinical programming, education, and vocational training. As with any innovation, many changes have been made throughout implementation. The following process evaluation will first document how the new integrated programming model was conceptualized and planned. Then, the remainder of the report will describe the roles and responsibilities of RIS staff, services and curricula provided, the implementation process, and issues that have arisen throughout RIS implementation.   

Montpelier, VT: Crime Research Group, 2023. 56p.

Department of Corrections Risk Intervention Services Outcome Evaluation

By Robin Joy

In 2016, four of the Department of Corrections facilities began offering Risk Intervention Services-- an innovative suite of services including behavioral programming curricula, educational courses, and workforce development. Risk and other assessments at prison intake determine who is eligible to participate in RIS and identify which services should be administered. Methods and Objective: This study explores the impact of RIS participation for individuals who received behavioral programming services between 2016 and 2019. RIS participation data for 731 individuals was matched into Vermont Crime Information Center data to examine RIS participation’s impact on recidivism. Researchers considered RIS’s impact using the statutory definition of recidivism, as well as academic conceptualizations of recidivism. Key Findings: Using three different definitions/measures of recidivism, the study found RIS participants to have a recidivism rate of 14% (modified statutory definition), 27% (running recidivism rate), and 23% (three-year recidivism rate. These recidivism rates are lower than the 89.96% recidivism rate for high risk/high need Diversion participants found in a 2019 study. Using the three-year recidivism rate for any new conviction, analysis found no statistical correlation between an individual’s risk score and subsequent conviction. This suggests RIS is having a positive impact on participants' recidivism rate. Notably, RIS participants with a domestic violence conviction (90) had a three-year conviction rate of 21%. This was lower than the rate of recidivism in a 2011 study which found a recidivism rate of 37% for those with prior history of domestic violence conviction. Limitations During the study period (2016-2019), the DOC was not consistently or uniformly collecting data on all Risk Intervention Services. As such, this study was limited to exploring the impact of behavioral programming services on recidivism and did not investigate the impact of corrections education or workforce development services. Further, data on those who were eligible but declined and those whose sentences were too short to participate was not available. Therefore, the study was not able to investigate if the program was serving marginalized people equitably. Recommendations: The DOC Risk Intervention Services model appears promising. The DOC should consider creating an administrative control group of people who did not receive services when the assessment tools were validated. Because these individuals did not receive the service, they can provide a benchmark recidivism rate for comparing RIS recidivism rates. Future studies should use a three-year recidivism rate and focus only on new convictions rather than furlough violations and readmissions. This will make it easier to compare rates across years and programs and give a more holistic understanding of a person's behavior after programming is complete.  

 Montpelier, VT: Crime Research Group, 2023. 22p

Reforming the Shadow Carceral State

By Brittany Michelle Friedman, Gabriela Kirk-Werner, and April D. Fernandes

This article examines the repeal of prison pay-to-stay policies in the United States. We process-trace reform efforts in Illinois drawing from novel data retrieved through multiple FOIA requests to state agencies and public records searches. Our analysis reveals how lawmakers who advocated for reforming the shadow carceral state in 2016 and 2019 through repealing prison pay-to-stay repurposed penal logics they had once used punitively in the 1980s and 1990s to enact the same policy—such as protecting taxpayers, fiscal efficiency, and rehabilitation. Our findings advance existing research by suggesting that penal logics are open to interpretation depending on the socioeconomic and historical moment. These contextual factors are also crucial to determining how lawmakers and institutions re-interpret long held penal logics when reforming the shadow carceral state. We argue the ways in which lawmakers strategically operationalize penal logics exemplifies their cultural durability as a resonant means to a political end.

Theoretical CriminologyVolume 28, Issue 4, November 2024, 22p.

Beyond Punishment: from Criminal Justice Responses to Drug Policy Reform

By The Global Commission on Drug Policy

The Global Commission on Drug Policy’s report, Beyond Punishment: From Criminal Justice Responses to Drug Policy Reform, exposes how punitive drug policies have driven mass incarceration and grave human rights violations. In 2023 alone, over 3.1 million people were arrested for drug-related offenses, with 20% of the global prison population detained for such crimes - nearly half for simple possession.

The report underscores the devastating consequences of prohibitionist policies, including over one million overdose deaths in the U.S. in the past two decades and 40,000 in Canada in just eight years. It also highlights systemic inequities, such as Indigenous peoples in Canada being six times more likely to face drug-related arrests than white counterparts. Furthermore, the report illustrates the disproportionate burdens on women and children, deepening cycles of poverty and marginalization.

It examines the broad spectrum of criminal justice responses to drug offenses, ranging from stop-and-search practices that disproportionately target marginalized communities to extreme measures like the death penalty and enforced treatment. These approaches often violate human rights, perpetuate stigma, and fail to address the root causes of substance use.

Offering a roadmap for reform, the report advocates for evidence-based strategies, including harm reduction measures (e.g., Overdose Prevention Centers, naloxone distribution, and safer supply programs), decriminalization and the legal regulation of drug markets. These approaches not only save lives but also reduce societal harms, foster dignity, and promote health and equity.

Geneva: Global Commission on Drug Policy, 2024. 56p.

The Frontiers of Dignity: Clean Slate and Other Criminal Record Reforms 2022

By Margaret Love & Rob Poggenklass

At the beginning of each year since 2017, CCRC has issued a report on legislative enactments in the year just ended, new laws aimed at reducing the barriers faced by people with a criminal record in the workplace, at the ballot box, and in many other areas of daily life. These annual reports document the steady progress of what our 2020 report characterized as “a full-fledged law reform movement” aimed at restoring rights and dignity to individuals who have successfully navigated the criminal law system. In the three years between 2019 and 2021, more than 400 new record reforms were enacted. Many states enacted new laws every year, and all but two states enacted at least one significant new law during this period. A full appreciation of the scope of this movement can be gained by reviewing the detailed 50-state charts and state-by-state profiles in our Restoration of Rights Project. The modern law reform movement reflected in our annual reports is bipartisan, grounded in and inspired by the circumstance that almost a third of adults in the United States now have a criminal record, entangling them in a web of legal restrictions and discrimination that permanently excludes them from full participation in the community. It reflects a public recognition that the “internal exile” of such a significant portion of society is not only unsafe and unfair, but it is also profoundly inefficient. We are pleased to present our report on new laws enacted in 2022, titled The Frontiers of Dignity: Clean Slate and Other Criminal Record Reforms in 2022. While this report shows that the legislative momentum gathering since 2018 slowed somewhat in the past year, there has still been progress, with more new laws enacted this year than in 2018 when the current reform movement took off in earnest.

Washington, DC: Collateral Consequences Resource Center, 2023. 43p.

The Links Between Disability, Incarceration, And Social Exclusion

By Laurin Bixby, Stacey Bevan, and Courtney Boen

Disabled people are disproportionately incarcerated and segregated from society through a variety of institutions. Still, the links between disability and incarceration are underexplored, limiting understanding of how carceral institutions punish and contribute to the social exclusion of disabled people. Using data from the 2016 Survey of Prison Inmates, we estimated disability prevalence in state and federal prisons, assessing disparities by race, ethnicity, and sex, and we examined inequities in previous residence in other “punitive” and “therapeutic” institutions. Sixty-six percent of incarcerated people self-reported a disability, with Black, Hispanic, and multiracial disabled men especially overrepresented in prisons. Compared with nondisabled incarcerated people, disabled incarcerated people were more likely to have previously resided in other institutions, such as juvenile detention facilities and psychiatric hospitals. Together, our findings advance the understanding of disability in carceral institutions, highlighting the need for policy interventions redressing the mechanisms contributing to the high incarceration risks of disabled people and the disabling nature of prisons and other carceral institutions.

Health Affairs Vol. 41, NO. 10, 2022, 28 p.

Access to Care and Outcomes With the Affordable Care Act for Persons With Criminal Legal Involvement: A Scoping Review

By James René Jolin, Benjamin A. Barsky, Carrie G. Wade

By expanding health insurance to millions of people in the US, the Patient Protection and Affordable Care Act (ACA) may have important health, economic, and social welfare implications for people with criminal legal involvement—a population with disproportionately high morbidity and mortality rates. OBJECTIVE To scope the literature for studies assessing the association of any provision of the ACA with 5 types of outcomes, including insurance coverage rates, access to care, health outcomes, costs of care, and social welfare outcomes among people with criminal legal involvement. EVIDENCE REVIEW - The literature search included results from PubMed, CINAHL Complete, APA Psycinfo, Embase, Social Science Database, and Web of Science and was conducted to include articles from January 1, 2014, through December 31, 2023. Only original empirical studies were included, but there were no restrictions on study design. FINDINGS Of the 3538 studies initially identified for potential inclusion, the final sample included 19 studies. These 19 studies differed substantially in their definition of criminal legal involvement and units of analysis. The studies also varied with respect to study design, but difference-in-differences methods were used in 10 of the included studies. With respect to outcomes, 100 unique outcomes were identified across the 19 studies, with at least 1 in all 5 outcome categories determined prior to the literature search. Health insurance coverage and access to care were the most frequently studied outcomes. Results for the other 3 outcome categories were mixed, potentially due to heterogeneous definitions of populations, interventions, and outcomes and to limitations in the availability of individual-level datasets that link incarceration data with health-related data. CONCLUSIONS AND RELEVANCE- In this scoping review, the ACA was associated with an increase in insurance coverage and a decrease in recidivism rates among people with criminal legal involvement. Future research and data collection are needed to understand more fully health and nonhealth outcomes among people with criminal legal involvement related to the ACA and other health insurance policies—as well as the mechanisms underlying these relationships.

JAMA Health Forum, 2024, 10 p.

The Distribution of Carceral Harm: County-Level Jail Incarceration and Mortality by Race, Sex, and Age

By Anneliese N. Luck

Jail incarceration remains an overlooked yet crucial component of the U.S. carceral system. Although a growing literature has examined the mortality costs associated with residing in areas with high levels of incarceration, far less is known about how local jails shape this burden at the intersection of race, sex, and age. In this study, I examine the relationship between county-level jail incarceration and age-specific mortality for non-Hispanic Black and White men and women, uniquely leveraging race-specific jail rates to account for the unequal racial distribution of jail exposures. This study finds evidence of positive associations between mortality and jail incarceration: this association peaks in late adulthood (ages 50–64), when increases in jail rates are associated with roughly 3% increases in mortality across all race–sex groups. However, patterns vary at the intersection of race, sex, and age. In particular, I find more marked and consistent penalties among women than among men. Additionally, a distinctly divergent age pattern emerges among Black men, who face insignificant but negative associations at younger ages but steep penalties at older ages—significantly larger among those aged 65 or older relative to their White male and Black female counterparts. Evidence further suggests that the use of race-neutral incarceration measures in prior work may mask the degree of harm associated with carceral contexts, because the jail rate for the total population underestimates the association between jail rates and mortality across nearly all race–age–sex combinations. These findings highlight the need for future ecological research to differentiate between jail and prison incarceration, consider the demographic distribution of incarceration's harms, and incorporate racialized measures of exposure so that we may better capture the magnitude of harm associated with America's carceral state.

Demography (2024) 61 (5): 1455–1482.

Prescription drugs with potential for misuse in Irish prisons: analysis of national prison prescribing trends, by gender and history of opioid use disorder, 2012 to 2020

By Louise Durand, Eamon Keenan, Deirdre O’Reilly, Kathleen Bennett, Andy O’Hara & Gráinne Cousins 

Background- Pharmacotherapy is essential for the delivery of an equivalent standard of care in prison. Prescribing can be challenging due to the complex health needs of prisoners and the risk of misuse of prescription drugs. This study examines prescribing trends for drugs with potential for misuse (opioids, benzodiazepines, Z-drugs, and gabapentinoids) in Irish prisons and whether trends vary by gender and history of opioid use disorder (OUD). Methods- A repeated cross-sectional study between 2012 and 2020 using electronic prescribing records from the Irish Prison Services, covering all prisons in the Republic of Ireland was carried out. Prescribing rates per 1,000 prison population were calculated. Negative binomial (presenting adjusted rate ratios (ARR) per year and 95% confidence intervals) and joinpoint regressions were used to estimate time trends adjusting for gender, and for gender specific analyses of prescribing trends over time by history of OUD. Results - A total of 10,371 individuals were prescribed opioid agonist treatment (OAT), opioids, benzodiazepines, Z-drugs or gabapentinoids during study period. History of OUD was higher in women, with a median rate of 597 per 1,000 female prisoners, compared to 161 per 1,000 male prisoners. Prescribing time trends, adjusted for gender, showed prescribing rates decreased over time for prescription opioids (ARR 0.82, 95% CI 0.80–0.85), benzodiazepines (ARR 0.99, 95% CI 0.98–0.999), Z-drugs (ARR 0.90, 95% CI 0.88–0.92), but increased for gabapentinoids (ARR 1.07, 95% CI 1.05–1.08). However, prescribing rates declined for each drug class between 2019 and 2020. Women were significantly more likely to be prescribed benzodiazepines, Z-drugs and gabapentinoids relative to men. Gender-specific analyses found that men with OUD, relative to men without, were more likely to be prescribed benzodiazepines (ARR 1.49, 95% CI 1.41–1.58), Z-drugs (ARR 10.09, 95% CI 9.0-11.31), gabapentinoids (ARR 2.81, 95% CI 2.66–2.97). For women, history of OUD was associated with reduced gabapentinoid prescribing (ARR 0.33, 95% CI 0.28–0.39). Conclusions - While the observed reductions in prescription opioid, benzodiazepine and Z-drug prescribing is consistent with guidance for safe prescribing in prisons, the increase in gabapentinoid (primarily pregabalin) prescribing and the high level of prescribing to women is concerning. Our findings suggest targeted interventions may be needed to address prescribing in women, and men with a history of OUD.

BMC Psychiatry, 2023. 12p.

Research Evaluation of the City of Columbus’ Response to the 2020 Summer Protests

By Trevor L. Brown,  Carter M. Stewart

  The murder of George Floyd, a Black man, by Derek Chauvin, a White Minneapolis, Minnesota, police officer on May 25, 2020, sparked months-long protests about racism and policing across the country and around the globe, including Columbus, Ohio. Captured on video and spread quickly through social media, Floyd’s death galvanized Americans to take to the streets in the midst of a global health pandemic to voice their anger and frustration about the many Black Americans who had been killed by police. The fairness of policing practice as applied to communities of color, particularly Black communities, and more fundamentally, the existence of the police as a legally sanctioned public institution were the clear motivations for the protests. Law enforcement agencies across the country, including the Columbus Police Department, also mobilized to the streets. Their job was to create a space for citizens to peacefully exercise their right to free speech, while simultaneously ensuring the safety of the community. In many protests, police are neutral actors managing the boundaries of the demonstration. In the protests of 2020, protestors saw the police as antagonists, and systematically racist; they were the object of the protest. When police are the focus of the protest, there is a significant increase in the likelihood of direct conflict between protesters and law enforcement personnel. Adhering to best practice in protest management and adapting to evolving protest dynamics become even more important to ensure free speech rights and community safety. This report provides the results of an eight-month research study evaluating how the City of Columbus, Ohio, inclusive of elected officials and the Columbus Division of Police (CPD), managed the protests in Columbus from May 28 through July 19, 2020. The purpose of the research study was three-fold: • document interactions between community members and law enforcement personnel as a part of the protests; • evaluate the City of Columbus’s preparation for and response to the pro tests; and • generate research-informed recommendations about how to improve the performance of the City of Columbus in preparing for and responding to future protests. The study was conducted by an independent research team organized by the John Glenn College of Public Affairs at The Ohio State University. The research team was composed of a lead investigative unit that gathered information, a diverse research advisory board. that provided subject-matter and technical expertise, and a core research group that assembled and synthesized the data, generated findings, and produced recommendations   

Columbus, OH: John Glenn College of Public Affairs, The Ohio State University, 2024. 111p.   

The Use of Drama in the Rehabilitation of Violent Male Offenders

By Michael Balfour

The book discusses the use of drama in the rehabilitation of violent male offenders. Itexplores the theoretical territory of criminology and the rehabilitation perspective, aswell as the application of drama with offenders. The document also includes information on the outcomes and evaluation of drama-based rehabilitation programs.

ResearchGate, 2003, 302 pages