Open Access Publisher and Free Library
13-punishment.jpg

PUNISHMENT

PUNISHMENT-PRISON-HISTORY-CORPORAL-PUNISHMENT-PAROLE-ALTERNATIVES. MORE in the Toch Library Collection

Posts in Punishment Alternatives
An Assessment of Earned Discharge Community Supervision Policies in Oregon and Missouri

By Robin Olsen, Constance Hull, Barbara Pierce, Ashlin Oglesby-Neal

Many states have enacted comprehensive justice system reforms to reduce the use of incarceration and community supervision with the aim of focusing resources on people at higher risk of reoffending and investing in strategies to achieve better outcomes for people and communities. Missouri (in 2012) and Oregon (in 2013) passed legislation to implement earned discharge from supervision for people who fulfill their supervision conditions. The states use two different approaches; Missouri’s approach awards credits automatically for each month of compliance while Oregon’s approach includes a review of compliance at the midpoint of supervision to consider earned discharge and gives local supervision authorities discretion over implementation of the policy. We conducted interviews with stakeholders and analyzed administrative data in both states to examine the implementation and effects of the earned discharge policy reform. Our analysis found that people who receive earned discharge serve less of their original supervision sentence (2 years shorter on average in Missouri and 13 months shorter on average in Oregon) and less of their sentence when compared to people who successfully complete supervision in other ways. Importantly, rates of the use of earned discharge can vary across a state when discretion at the individual or county-level is a large component of the policy design. The analysis also found that people closing their supervision terms through earned discharge or earned compliance credits have similar recidivism rates compared to people who were otherwise eligible for earned discharge but who successfully complete supervision in other ways. This brief offers recommendations that Missouri, Oregon, and other jurisdictions can consider to build on these reforms, including clearly and simply defining eligibility for earned discharge, and reducing the discretion of judges or supervision staff to determine people’s eligibility to ensure consistency and equity in the application of earned discharge.

Washington, DC: Urban Institute, 2022. 51p.

"Incarceration Reimagined: A Diversionary Option for Serious Felony Offenders"

By Jane Mitchell

In today's polarized political climate, criminal justice reform remains one of the few issues that spans partisan divides. Voices from across the political spectrum agree: the United States needs a new approach to incarceration. Our current system of mass incarceration is costly, ineffective, and inequitable. It perpetuates intergenerational cycles of crime and poverty and pushes communities deeper into destitution.

This Article proposes a radically new approach. It presents a diversionary alternative-to-prison model for people facing serious felony charges — the majority of the prison population today. The approach calls on courts to divert felony offenders away from prison toward 501c3-run campuses. Instead of going to prison, offenders live and learn at a residential campus for one to three years. While there, they engage in a holistic, evidence-based program targeting their individual needs. In exchange for completing the program, participants have their prison sentences suspended and records expunged. Participants return home with the skills, mindsets, and support networks needed to succeed in modern society. Critically, government agencies hold campuses accountable for outcomes using an administrative structure similar to that used by high-performing urban charter schools — incentivizing stakeholders to reduce recidivism and alleviate poverty.

After laying out the model on paper, this Article presents a case study of The Reset Foundation ("Reset"), a non-profit organization I launched to pilot the model in the San Francisco Bay Area from 2013 to 2018. Reset's experience suggests the model is a potentially powerful one for diverting felony offenders away from prison toward better life outcomes: with its first cohort of ten students, Reset eliminated ninety years of prison time. The case study simultaneously shows the complexities and challenges of implementing a model as comprehensive and systemic as this. To increase the chances of successful adoption, the public sector should instigate this work, not the non-profit sector, with significant support from local communities.

Kentucky Law Review, Volume 113, No. 2 (2025), 63p.

Use of Reentry Support Services and Recidivism: a Field Experiment Varying Dosage

By Marco Castillo∗ Sera Linardi† Ragan Petrie‡

Many previously incarcerated individuals are rearrested in the months and years following release from prison. We investigate whether encouragement to use reentry support services reduces rearrest. Field experiment participants are offered a monetary incentive to complete different dosages of visits, either three or five, to a support service provider. The incentive groups increased visits compared to the control group, with those in the 3-visit treatment completing the most. Intent-to-treat effects on rearrest are null in the full sample, but Black participants who complete 3-4 visits are 21.8 percentage points less likely to be rearrested.

Unpublished paper, 2024. , 44p.

Improving Community-based Treatment and Reducing Prison Overcrowding

By Erin Thorvaldson and Kendric Holder

To address various criminal justice challenges, from 2014 to 2015, Alabama partnered with The Council of State Governments (CSG) Justice Center to employ a Justice Reinvestment Initiative (JRI) approach and analyze the state’s criminal justice data, interview stakeholders from across the criminal justice system, and work with policymakers to develop data-driven policy options designed to reduce prison overcrowding and increase public safety. As a result of this work, Alabama leaders enacted Act 2015-185 in May 2015, which aimed to strengthen community-based supervision, divert people convicted of the lowest-level drug and property offenses from prison to Community Corrections Programs, and ensure supervision for everyone upon release from prison to reduce recidivism. This brief explores how Alabama has addressed its JRI goals since enacting this legislation.

New York: The Council of State Governments Justice Center, 2024. 5p.

Supporting the Employment Goals of Individuals on Probation: Supportive Services in the Los Angeles County Innovative Employment Solutions Program

By Sophie Shanshory

For individuals on probation and those reentering their communities after incarceration, finding employment is often one of multiple challenges. It can be overwhelming to think about finding and maintaining a job when concerns on an individual’s mind might be How will I get there? What if they find out about my record? Will I make enough money to support myself and my family? Employment is an important factor in reentry but getting to a place where the focus can be on a job, education, or a career requires support in other parts of life as well. In the workforce development field, supportive services are used to respond to a range of needs, encompassing those directly related to and outside of work. These services are considered an important complement to employment-focused services provided through local workforce development systems.

The Los Angeles County Innovative Employment Solutions Program (INVEST) is designed to address the complex range of employment and supportive service needs individuals may have and support them in pursuing their employment and career goals. MDRC, a nonprofit, nonpartisan education and social research organization, is studying INVEST along with several other Los Angeles County–based, criminal legal system and reentry-focused programs. INVEST takes an innovative approach to providing employment and supportive services to people on probation in Los Angeles County. The program prepares staff members to understand the unique needs and challenges of people on probation while at the same time using a flexible spending approach that allows for comprehensive service provision.

New York: MDRC, 2023. 12p.

A Promising Approach to Coordinated Community-Based Reentry Services

By Michelle S. Manno, Ann Bickerton, Bret Barden, Niko Leiva, Megan Schwartz

Evidence for coordinated reentry—or the coordination of services from multiple community provid­ers—shows that it is a promising approach to supporting people with mental health needs or substance use disorders who are released from correctional facilities. One such program is the Reentry Intensive Case Management Services (RICMS) program. Through a network of 29 community-based providers located across Los Angeles County, the RICMS program links individuals with prior criminal legal system involvement to community health workers—most of whom have lived experience with the criminal legal system, housing instability, or mental health issues. For about one year, the community health workers provide care coordination and help clients navigate the many services and other forms of support available to them.

This report presents findings from the RICMS evaluation, which is part of the Los Angeles County Reentry Integrated Services Project (LA CRISP), a multiyear, multistudy evaluation of services offered by the Los Angeles County Reentry Division that is led by MDRC. The RICMS evaluation includes a process study and outcomes study of the RICMS program that are based on analyses of administrative records and management information system data for people who enrolled in the program between April 2018 and March 2021; a survey of program staff members and man­agers from April 2022; and semistructured interviews with program managers, staff members, and participants that were conducted between June 2019 and August 2022. The study used a nonexperimental approach to compare the health and criminal legal system outcomes of individuals who enrolled and participated in the RICMS program with those of individuals in a matched comparison group who enrolled but did not participate in the program. In the absence of a random­ized controlled trial, this exploratory quasi-experimental analysis provides some initial information about the differences in outcomes that could be due to participation in the program.

Overall, the results suggest that the RICMS approach to coordinated, community-based reentry is promising and could improve the life experiences of program participants, especially by reducing their future contact with the criminal legal system.

New York: MDRC, 2023. 103p.

We’ll Get It Done Together: How Community Health Workers Support RICMS Clients with Reentry

By Niko Leiva, Osvaldo Avila

As an alternative to incarceration, in 2018 Los Angeles County launched the Reentry Intensive Case Management Services (RICMS) program. The RICMS program coordinates the services of multiple community-based service providers throughout LA County. It links people who have been involved with the criminal legal system to commu­nity health workers, many of whom have personal experience with incarceration, sub­stance use disorders and addiction, and other issues RICMS clients face. These commu­nity health workers provide case management services and mentorship, and help clients navigate the many services and other forms of support available to them.

MDRC evaluated the implementation of the RICMS program and found that the program is a promising approach to improving the lives of its clients, particu­larly by reducing their future contact with the criminal legal system. As part of the evaluation, in 2021 and 2022 an MDRC research team conducted semistructured interviews with RICMS community health workers and clients to learn more about how services are delivered and about the experiences of RICMS clients. This brief presents the stories and experiences they shared.

New York: MDRC, 2023. 10p.

Facilitating Access to Supportive Services for Adults on Probation A Review of the DOORS Program

By Gabriel Weinberger, Raul Armenta, and Elisa Nicolett

In the United States there are approximately 3.7 million people under community supervision—also known as probation or parole. People under community supervision often need supportive services, such as behavioral health (to deal with mental health and substance use disorders), education, employment, housing, and transportation services. Such services are usually provided by local governments or community-based organizations, which play a pivotal role in helping people under supervision to avoid contact with the criminal legal system. Probation officers typically provide referrals for services, though research suggests that a low percentage of people under community supervision end up receiving services. Studies have also shown that those affected by the criminal legal system, including those under community supervision, live in marginalized and under-funded communities, and lack adequate access to services. As a result, researchers, practitioners, and advocates have worked to develop programs that increase the supply of available services and lead to greater cooperation with social services providers in the community to connect people to services. Recent innovations within probation departments (about 80 percent of people under community supervision are on probation and they are the focus of this brief) have incorporated a “community hub” model where multiple service providers are located in the same places as probation offices to facilitate access to services for clients and to raise officers’ awareness of those services. This brief describes an MDRC study of a community hub model in Los Angeles (LA) County, the Developing Opportunities and Offering Reentry Solutions Community Reentry Center (better known as “DOORS”). DOORS was established inside a building where probation officers also work. The DOORS model is intended to provide probation officers with the opportunity to connect adults on probation to service providers located within the same building with the goal of reducing future involvement in the criminal legal system. However, within eight months of opening, the COVID-19 pandemic forced DOORS to shift to a hybrid model where services were provided both in person and virtually. Since study data collection ended, DOORS has expanded in LA County as a hybrid model that is not always co-located in a probation building.

New York: MDRC.2025. 20p.

The Impact of Jail-Based Methadone Initiation and Continuation on Reincarceration

By Brady P. Horn, Aakrit Joshi and Paul Guerin

Substance use disorders (SUD) are very prevalent and costly in the United States and New Mexico. Over 20 million individuals in the US meet diagnostic criteria for SUD and over 65 thousand US residents died from drug opioid overdose in 2020. It is well known that there is a strong correlation between SUD and incarceration. National studies have found that on average two thirds of prisoners have SUD and approximately 30% of inmates report having an opioid use disorder (OUD). There is growing momentum nationally to incorporate SUD, particularly OUD treatment, into incarceration systems and numerous studies have found that providing medication for opioids use disorder (MOUD) in incarceration systems is clinically effective. Since 2005, there has been a Methadone Maintenance Treatment (MMT) continuation program within the Metropolitan Detention Center (MDC) where individuals who were already receiving community-based treatment could continue their treatment within the jail. Prior work has found that this program was associated with reduced crime. In 2017 this program was expanded and started providing treatment to individuals who had not been receiving methadone in the community prior to incarceration. In this study we evaluate the impact of this treatment program. Data was collected from numerous different sources, linked, thoroughly cleaned, and a difference-in-difference empirical strategy is used. Robust evidence is found that MMT initiation reduced reincarceration. Our main results find that MMT initiation is associated with a per-person reduction in 19 incarceration days in the one-year period after jail-based MMT was received. We also find evidence confirming prior studies that found MMT continuation reduces recidivism. We find that jail-based MMT continuation is associated with a per-person reduction in 31 incarceration days in the one-year period post release. Also, a heterogenous treatment effect is found where individuals that received jail-based MMT for longer periods of time had larger reductions in reincarceration. Individuals who received MMT initiation for 70 days or more were associated with 22 fewer reincarceration days and individuals that received MMT continuation were associated with 60 fewer reincarceration days.

Albuquerque: University of New Mexico, Institute for Social Research, 2023. 43p

Community Custody Program Review

By Breanna Boyett, Camella Rosenberg,  Paul Guerin,

As an alternative to incarceration program, the Bernalillo County Metropolitan Detention Center (MDC) Community Custody Program (CCP) aims to reduce recidivism rates among non- violent offenders while decreasing alcohol and substance use for a higher possibility of successful community reintegration. The program provides community-based supervision and treatment reporting for offenders who meet eligibility criteria. This review is designed as a process evaluation and a preliminary outcome evaluation. The evaluation comprises a CCP staff survey and a review of CCP inmate records. The study found that clients who participated in CCP experienced reductions in criminal justice system contacts following CCP. Approximately 70% of CCP participants did not have a court case following their exposure to CCP during the post-period, and 70% were not booked into the MDC following their exposure period. Inmates enrolled in CCP had a statistically significant reduction in both bookings and court cases after involvement in the program. When comparing pre- and post-period bookings and court cases, both felony and misdemeanor level bookings illustrated a statistically significant reduction in the follow up cases in the post-period. Clients who recidivated had the highest number of court cases and bookings in the first year after their time in the program, with recidivism decreasing in the second and third years following their release from CCP. The average client who recidivated did so in the first year post-CCP.

Albuquerque: University of New Mexico, Institute for Social Research , 2023. 37p.