By Charlie Taylor

The rate of self-harm among women in prison has rocketed in the last 10 years and is now 8.5 times higher than in men’s jails.

Rather than specific health care interventions, this thematic focuses on what practical support officers and leaders can offer women to reduce the likelihood that they will resort to self-harm.

We found that the paucity of regimes, the difficulties in enabling visits, and the lack of training or support for officers all contributed to a failure to help women cope. Staff spent a lot of their time helping women suffering acute crises, leaving little time to provide less intensive yet vital support for other women, which was taking a toll on the mental health of both staff and the women in their care.

London: HM Inspector of Prisons, 2025. 47p.

By Robin Joy

This research brief contains a preliminary analysis on the use of Conditions of Release in Vermont Criminal Division and charges of Violations of Conditions of Release if a violation of 13 V.S.A. 7559(e). The purpose of this brief is to inform stakeholders on the following questions: • Who gets conditions of release? • What are the conditions? • Who violates conditions of release? CRG invites inquiries and discussions as we move forward with our research. Several data sources were used in this analysis. The Adjudication Database maintained by CRG was used to answer questions about county use of conditions versus released on own recognizance. The Judiciary created a data set for CRG that gave information on what conditions were imposed on people from March 2021- March 2022. CRG acquired the criminal histories (rap sheets) of people in the data set the judiciary provided to understand more about violations, criminal pasts, and current cases of the people on conditions.

Montpelier VT: Crime Research Group, 2024. 7p.

By Simon D. Venema https://orcid.org/0000-0002-2623-2964 s.d.venema@rug.nl, Petrick Glasbergen, […], and René Veenstra

Various programmes have been implemented in prisons to strengthen parental involvement and parent–child relationships during imprisonment. In-depth insights into such programmes are limited. This qualitative study compared the experiences of two groups of imprisoned fathers in the Netherlands: fathers who participated in a family approach programme (N = 10) and fathers in a comparison group (N = 29). Based on a thematic analysis, four key differences were identified between the family approach group and the comparison group. Fathers in the family approach group: (1) described more positive engagement activities in direct father–child interactions, (2) reflected more positively on their fathering role during imprisonment, (3) structurally included participation in the family approach programme in their narratives of how imprisonment affected father–child relationship quality, and (4) more often expressed feelings of uncertainty and caution when discussing family life after imprisonment. The findings of this study are informative for the mechanisms behind prison-based parenting and family relationship programmes and illustrate the potential of these programmes to alleviate the unintended negative impact of imprisonment on parental involvement and family relationships. Based on these findings, recommendations for further research and practice are provided.

European Journal of Criminology 2024, Vol. 21(4) 533–555 pages

By Megan Davey, Julia Yates & David McAlonan

The Electronic Monitoring (EM) as a Licence Variation (LV) project commenced as a pilot on 8 August 2022 in one probation region of England and Wales, which increased to five probation regions on 28 March 2023. The project allows probation practitioners in participating probation regions to vary a prison leaver’s licence by imposing electronically monitored conditions, where they believe that it would be beneficial to do so. This can take the form of Global Positioning System (GPS) location monitoring or Radio Frequency (RF) curfew monitoring. The EM as LV tool is intended for use on a discretionary basis by probation practitioners as a response to an escalation of risk or as an alternative to recall, as is the case with other licence variations, so as to support the successful completion of the licence period. Moreover, EM as LV should only be used as an alternative to recall when the recall threshold is met and the risk is assessed by probation as manageable in the community with additional licence conditions. The purpose of this process evaluation is to assess how the discretionary use of EM as LV has contributed to the management of people on probation in the community by HM Prisons and Probation Service (HMPPS) across the five participating probation regions. The evaluation is also intended to help identify any improvements that could be made as part of any future roll out of the intervention to further probation regions. This report summarises the findings of the process evaluation led by the Ministry of Justice (MoJ). It explores stakeholders’ views and experiences of the EM as LV project to understand how it has been operating, its perceived effects and its observed limitations. The process evaluation fieldwork was carried out during summer 2023. 1.1 Key findings  between go-live in early August 2022 and the end of December 2023. The EM as LV data were also matched to management information (MI) recorded by the Probation Service using unique identifiers so as to obtain estimates of a set of protected characteristics and other variables, which were subject to missing values and potential data input errors. Comparisons were provided with respect to all prison leavers released on an adult licence over the same time period, where relevant. The qualitative data regarding stakeholders’ perceptions were obtained using primarily interviews that were conducted among police officers, probation practitioners, EM service provider staff and people on probation who were enrolled in the EM as LV project. The main limitation was that the views expressed by respondents were only representative of those individuals who chose to participate. In particular, the number of people on probation who responded was small. 

Ministry of Justice Analytical Series: London: Ministry of Justice, 2025. 83p.  

By Cheryl Yates

In October 2019, the Iowa Department of Human Rights Division of Criminal and Juvenile Justice Planning (CJJP) was awarded Statistical Analysis Center (SAC) funding through the Bureau of Justice Assistance (BJA), to conduct a longitudinal evaluation of sex offenders serving special sentences in Iowa. The purpose was to evaluate the effectiveness of the special sentence policy and the extent to which it reduced recidivism long-term. The special sentence was enacted in 2005 to mandate extended monitoring of sex offenders in the community for a duration of 10 years or life, depending on the crime. An initial study was conducted by CJJP in 2014 for the former Sex Offender Research Council (SORC). The 2014 study compared recidivism rates of Iowa sex-offenders who were supervised on special sentence to a cohort of sex-offenders who were supervised before the special sentence was enacted. The results showed lower rates of new convictions for sex offenses among those on the special sentence within a three-year tracking period, but higher prison return rates for technical violations presumably a result of the increased monitoring in the community.1 The current study will use a longer, nine-year recidivism tracking period to track the same cohorts studied in 2014. The purpose is to examine whether the special sentence cohort continues to have lower sex offense recidivism rates and higher prison returns over a nine-year tracking. The evaluation questions investigated in this report include the following:  Is the low likelihood of sexual reoffending sustained longer-term?  Does special sentence monitoring continue to result in more technical violations and time incarcerated for sex offenders on the special sentence compared to the pre-special sentence cohort?  What are the estimated costs and what resources might be needed in the future to sustain this intensive supervision?  What is the expected forecasted growth of offenders serving a special sentence in the community and those who are in the prison population? As outlined in the SAC grant proposal, multiple indicators of recidivism will be examined, including any conviction, felony conviction only, sex conviction, felony sex conviction, and revocation (prison return due to technical violation or new conviction). The study will also examine the demographics of sex offenders, their convicting offense, risk levels, and treatment participation; the number of offenders on the special sentence and forecasted; and costs of the special sentence and alternatives.

Iowa Division of Criminal and Juvenile Justice Planning (CJJP) , 2021. 52p.

 By Roger Grimshaw  

This working paper seeks to clarify the key contexts in which the recent history of indefinite detention for people convicted of crimes should be placed and to suggest ways of interpreting the kinds of evidence and analysis which future inquiries or reviews may wish to consider. Here it is argued that the main contexts are, in order of scope and generality: A. Socio-political structures and state developments B. Operations of the state: law and administration C. Initiatives, reactions and effects at the individual level The paper gives most attention to contexts A and B on the grounds that these contain the sources of the fundamental problems to be resolved, while evidence about C continues to be documented. It is agreed that the recent history of indefinite detention is complex, with several strands that over time have become knotted, hindering lucid and effective solutions. In this paper an attempt has been made to identify some of the most convoluted, and to trace their origins and implications. Inevitably, Imprisonment for Public Protection (IPP) will loom large, though future work will seek lessons from other jurisdictions and from similar sentences. The act of clarification focuses our minds on what is entailed in challenging the conventional wisdom around political and institutional understandings of indeterminate preventive detention. As we shall see, a cluster of such sentences have emerged from a longstanding political context and sit inside a range of measures and technologies which are embedded in criminal justice as we know it. The account is neither reassuring nor redemptive, but its intention is to present a foundation for a cogent criticism of that history and a prospective agenda for a future alternative.

Working Paper 2  London:  Centre for Crime and Justice Studies, 2025. 14p.

By Rosa Loureiro-Revilla

Overcrowding, limited resources, and systemic corruption hinder Peru’s ability to manage its prisons, where mobile phone smuggling thrives. Addressing these issues requires investment in modern technology, robust staff training, and better pay to reduce bribery risks. Comprehensive policies, including alternatives to incarceration for minor offences, can improve governance and curb illicit practices that undermine state control.

Bergen, Norway: U4 is part of the Chr. Michelsen Institute (CMI), 2024. 18p.

By Travis J. Meyersa , Alexander Testaa , and Kevin A. Wrightb

Purpose: The use of segregation continues to be at the forefront of debates on the most effective way to address violence in prisons. Concern over the negative impact of these placements has prompted correctional administrators to employ alternative strategies to reduce their segregated populations and address serious misconduct. Few studies, however, have explored the impact that these strategies have on future behavioral outcomes. To address this gap, the current study explores the effectiveness of a disciplinary segregation program reserved for those who engage in violent misconduct during their incarceration. Methods: This study employs a quasi-experimental research design to estimate the treatment effects of placement in a disciplinary segregation program on subsequent levels of institutional misconduct during a one-year follow-up. Results: Placement in the disciplinary segregation program had no effect on subsequent levels of serious in-prison misconduct amongst participants when compared to their matched counterparts. Conclusions: Our findings suggest that scholars and practitioners should work to build a response to in-prison violence that starts with what is known about the causes of violence and what effectively modifies attitudes and behaviors. Future research should include rigorous measures of both program process and implementation to better identify effective forms of intervention.

American Journal of Criminal Justice, 2021, 41p.

By Pablo Marshall, Diego Rochow, Sergio Faúndez

This article analyses the enfranchisement process of the prison population in Chile. Although institutions were reluctant to grant the vote to this group for several years, in 2022, new policies allowed prisoners to suffrage for the first time. The Voto Preso movement, a set of organisations struggling for prisoners’ political participation, played a fundamental role in this transformation. However, incarcerated people's participation in constructing the movement's demands and strategies was scarce. Drawing on eleven interviews with key movement actors, the article sheds light on the main discourses by which it promoted the materialisation of Chilean prisoners’ voting rights. The article also critically scrutinises the consequences of prisoners’ limited inclusion in the Voto Preso movement. Finally, the article discusses how its analytical approach may open new avenues for studying prisoner dis/enfranchisement as a situated boundary issue.

Howard J. Crim. Justice. 2025;64:3–23 pages

By Hanna Hernandez. & Vasiliki Georgoulas-Sherry

Rates of recidivism have been commonly used as a key measure for public safety and in assessing the effectiveness of the criminal justice system – sentencing, jails, prisons, community supervision, treatment and reentry programming. Tracking recidivism can provide necessary information to support successful integration into the community following a prison sentence – which promotes community and public safety. Furthermore, understanding the individuals who are more likely to recidivate, and assessing demographic differences amongst the years can provide even more knowledge for supporting successful reentry. To evaluate long-term recidivism in Washington, the Washington Statistical Analysis Center (SAC) applied for and received the 2021 State Justice Statistics (SJS) grant from Bureau of Justice Statistics (BJS). Under this grant from BJS, the SAC first drew on publicly available data from the Washington State Department of Corrections (DOC) to evaluate the long-term recidivism trends of incarcerated individuals released from prison (Georgoulas-Sherry & Hernandez, 2024). To expand on the findings, this report utilizes the same cohort to further evaluate the racial and sex similarities and differences in recidivism rates.

Olympia: Washington State Statistical Analysis Center, 2024. 31p.

By Fouzia Awan, Jared Stahl, Alec Bukata, Bergen Sorby, Anna Newberry, Sarah Frahm

Pursuant to Section 133(20), Chapter 376, Laws of 2024, the Washington State Office of Financial Management (OFM) contracted with Western Washington University’s Center for Economic and Business Research (CEBR) to provide a comprehensive analysis of communication rates for incarcerated individuals across the United States. This report examines the costs associated with various communication methods — including voice calls, video conferencing, email, and text messaging — offered by contracted vendors in each state. Included in the report is an overview of the payments made by each state to their communication vendors, outlining the rate structures applicable to incarcerated individuals and their families over time. Additionally, it presents data on the total amounts paid by families to vendors each fiscal year. The report features a comparative analysis of rate structures over time, alongside historical communication fees. It also aims to forecast market trends from 2024 to 2030, providing insights into expected changes. Furthermore, the report identifies states that offer any form of communication — whether voice, video, email, or text — free of charge to both the initiating and receiving parties. It includes specific dates when these states began offering free communication services. Additionally, the report examines any access limitations for incarcerated individuals to these services once they are provided free of charge, as well as how communication policies have evolved in these states as a result.

Olympia, WA: Washington State Office of Financial Management (OFM) , 2024. 31p.

By Noreen Wallace, et al.

The implementation of the standard determinate sentence 40 (SDS40) scheme in July 2024 and the subsequent announcement of the Government’s sentencing review have placed at centre stage the ability of the Probation Service to supervise and manage people effectively in the community. To achieve the best results, the Probation Service needs sufficient, well-trained staff to meet those demands. This thematic inspection therefore comes at a timely moment. Since probation services unified in 2021, our inspection reports have routinely described significant shortfalls in the number of probation practitioners, resulting in excessive workloads for many, which have had a negative impact on the quality of work undertaken. Strategic plans have acknowledged the need to recruit practitioners, and this has been undertaken at pace; from the start of the 2021 financial year to the end of the 2023/2024 financial year, over 3,500 trainee probation officers have started training. While wholly commendable and necessary, recruitment at this scale places considerable demands on existing resources and has further depleted the number of practitioners, as staff have been recruited into the management and support roles required for the new recruits. Despite successful recruitment campaigns that have attracted many trainee probation officers and probation services officers, there are still shortages at the frontline, exacerbated by increased attrition rates. The staff group is also not sufficiently diverse, and further work is needed to understand why there are some disproportionate outcomes for certain groups in the recruitment processes. While probation staff can make a huge positive difference to people’s lives, the work is also demanding and, at times, stressful. Probation practitioners have often been operating with high, and in some cases excessively high, workloads, which has undoubtedly had an impact on the quality of work. The success of community supervision depends on skilled practitioners who can build rapport, assess risks, and rehabilitate people on probation. However, we have found that practitioners are not always sufficiently equipped with the necessary skills and knowledge to work with the cases they are allocated. A closer look at the current training arrangements shows that considerable efforts have been made to meet the demands of high new starter numbers. However, there is still room to improve the way that training is delivered, to equip practitioners better with the skills to work effectively with people on probation. The recruitment of trainee probation officers has now rightly moved away from seeking only to attract graduates, and a range of pathways is now available to attract a more diverse workforce. The programme is intense and not all recruits are prepared for the demands it places on them. To maximise the prospect of positive outcomes, it is essential that recruits are tested adequately, to ensure that those who are appointed have the potential and commitment to become competent probation officers. Evaluation of the recruitment and training methods used for each intake is needed to have a better understanding of what produces the most effective outcomes. There is considerable investment in training, and it is vital that this investment is focused on building a stable and committed staff group who want to remain within the Service. Considering the pace of probation training, it is crucial that the support arrangements for newly qualified officers are strengthened to allow them to hone their skills before taking on full caseloads; failing to do this can place pressures on new officers that can be overwhelming and counterproductive to long-term development and retention. HM Prison and Probation Service recognises the reasons why many staff leave; high workloads and the ongoing pressures faced by the Service are common factors. Given the considerable demands of the work, and its impact on public protection, pay is also inevitably an issue. Pay needs to reflect the significant level of risk and responsibility that probation staff hold. Another key issue is the tension between practitioners’ professional priorities and the expectations placed on them by the service. More needs to be done to harmonise these expectations and ensure that practitioners feel proud of the valuable work they do, to change lives and keep communities safe.    The sentencing review that is now under way was triggered by the capacity pressures in the prison system. Increased supervision in the community will inevitably be considered and the public needs to feel confident that community supervision is safe and effective. Well-resourced, trained, and supported probation staff make this possible. Overall, while there are initiatives aimed at improving staff experiences, challenges remain in building a capable and stable workforce. We have made recommendations based on our findings which, if followed, should lead to positive improvements in the recruitment, retention, and training of probation staff

Manchester: HM Inspectorate of Probation January 2025  65p.

By Amnesty International

This report details how people accused of using drugs are subject to arbitrary detention in drug “treatment and rehabilitation” centres, in a continuation of the punitive approach to the Philippines’ “war on drugs”. Based on interviews with 56 people, 26 of whom were accused of using and/or selling drugs, this report investigates human rights violations – such as torture and other ill-treatment, forced or otherwise unreliable confessions, and violations of the right to health – that people endure before, during and after their compulsory stay in drug detention centres. The Philippine government must move away from punitive and harmful responses to drugs. Instead, it must adopt evidenced-based approaches that respect the dignity of all people and put health and human rights at the centre.

London: Amnesty International, 2024. 68p.

By Marco Castillo, Sera Linardi, Ragan Petrie:

Many previously incarcerated individuals are rearrested 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, and one extra visit reduces rearrests three years after study enrollment by six percentage points. The results are driven by Black participants who are more likely to take up treatment and benefit the most from visits. The study speaks to the importance of considering first-stage heterogeneity and heterogeneous treatment effects.

IZA DP No. 17522

Bonn: IZA – Institute of Labor Economics, 2024. 46p.

By Bowen Cho

In this report, we invite readers to explore the historical, racialized, disablist, and political economic contexts of mass incarceration, including the ways that incarceration has expanded beyond prisons, jails, and correctional supervision in the 21st century. As well, publics often think of incarceration narrowly, such that they make invisible the containment of Disabled people in institutional and extra-carceral systems. This report is in part a corrective and counterpoint to policy papers on disability and criminal legal reform published by non-disability advocacy and mental health advocacy organizations in recent years. Because the ideologies of eugenics, ableism, and disablism are thriving in the 21st century, disability is often used as a rhetorical frame arguing for the restriction of carceralism for certain groups and its expansion for others. Mass incarceration in the 21st century includes physical confinement, but also accounts for the rapidly expanding, technocratic industries of e-carceration and psychotropic incarceration. Our conceptions of physical confinement must go beyond prisons and jails, and include detention centers, psychiatric hospitals, nursing homes, and residential treatment facilities. One cannot replace the other. Recognition of incarcerated people must similarly be expanded to include detained immigrants, people under electronic monitoring and surveillance, and people experiencing involuntary psychiatric commitment. Black people and Indigenous people continue to be disproportionately impacted by policing and carceralism, particularly in the increased criminalization of poverty, houselessness, and mental illness, and the ways that these statuses intersect with racism and disablism.

Berkeley, CA: Disability Rights Education and Defense Fund (DREDF) , 2024. 120p.

By Nicholas Shapiro, Terence Keel

The rising number of jail deaths in the United States has left impacted community members, state actors, media, and scholars questioning if these rates are a reflection of the overall declining health of the nation or are due to factors specific to the carceral environment. This fact sheet contributes to this national dialogue through the analysis of autopsies for 58 deaths that occurred in Los Angeles County Jails over a 9-year period. Our study shows that young Black and Latinx men are not dying merely from "natural causes" but from the actions of jail deputies and carceral staff. Our findings support the efforts of community members and lawmakers attempting to reform the cash bail system in Los Angeles County as three quarters of the deaths in our study were individuals held in pre-trial detention. Moreover, our study supports the urgent need to reduce the jail population to expedite the closing of Men’s Central Jail and the potential life saving benefits of jail diversion programs for the people of Los Angeles County. We focus on autopsies because they are fundamental to establishing the causes and manner of death in carceral facilities that have limited public accountability. 

Los Angeles, UCLA Carceral Ecologies Lab, BioCritical Studies Lab, 2022. 9p.

By Melissa Serafin, Julie Atella, Piere Washington, Sophak Mom

Reentry and community context Within three years of release from state prisons, federal prisons, and local jails, about half of people are reincarcerated and two-thirds are rearrested (Office of the Assistance Secretary for Planning and Evaluation, n.d.). Existing research highlights how challenges to reentry are compounded in rural communities because they are often underserved and under-resourced. Employment, housing, transportation, and limited social and health services are all common barriers for individuals reentering rural communities, and access to reentry programming is often limited (Benavides et al., 2023; Ward et al., 2016; Ward, 2017; Zajac et al., 2014). Additionally, the opioid crisis has significantly impacted rural communities, including those in Maine (Maine Governor’s Office of Policy Innovation and the Future, 2023). The rate of overdose fatalities in Maine increased from 0.3 per 1,000 population in January 2017 to 0.6 in January 2022, and the rate in Waldo County also increased from 0.2 in 2017 (8 total) to 0.5 in 2022 (20 total; Maine Drug Data Hub, 2024). Overdose fatalities most notably increased during the COVID-19 pandemic: the fatality rate in Maine increased 33% between 2019 and 2020, with 83% of deaths in 2020 due to opioids. Without opportunities, resources, and support, people reentering rural communities may experience hopelessness and criminogenic needs contributing to recidivism (Ward, 2017; Pettus-Davis & Kennedy, 2019). The findings from the current project also identified many of these challenges. Limited access to and availability of resources and services like internet, public transportation, health care and insurance, employment options, and affordable housing across counties and the state were stressed as barriers hindering the success of the program. Housing was identified as a particularly significant challenge, and this is compounded by the lack of viable employment options that provide a livable wage. The median cost for a studio efficiency or one-bedroom apartment in Waldo County, Maine in 2023 was $916-$922, and a two bedroom was $1,174 per month (RentData, 2024). According to the Maine Department of Labor (2024), the minimum wage in 2023 was $13.80 per hour in the state. Individuals employed full time, earning minimum wage, and who rent at least a studio efficiency would then be considered “cost-burdened”1 or “severely cost-burdened”2 (Office of Housing and Urban Development, 2014). Rent burden contributes to lacking the means to afford other necessities such as food, clothing, child care and more. Furthermore, the National Low Income Housing Coalition (NLIHC, 2024) notes the extreme shortage of rentals that are affordable to households whose incomes are at or below the poverty guideline or 30% of their area median income. In addition to the shortage of affordable housing and within the vicinity of the VOANNE network—within a four-city radius—there were no homeless shelters, nor mental health facilities with detox beds, and only one sober house. While VOANNE provides tents and camp supplies in more dire cases, and connects some participants with temporary transitional housing (including motels), they have access to very few permanent housing supports. Experiencing housing insecurity and homelessness can also negatively impact substance use. For example, efforts to stay awake to protect belongings and avoid violence is associated with developing and worsening substance use disorders (Mehtani et al., 2023). Existing research and findings from the current evaluation indicate that transportation is often a significant challenge for individuals reentering rural communities (Benavides et al., 2023; Ward, 2017; Zajac et al., 2014). While Maine does have some public transportation, rural areas have limited public transportation. Some communities have fixed route bus services that do not operate 24 hours a day and seven days a week, but these may only be in some counties (Eichacker, 2021). Limited public transportation means limited independence upon reentry to get to and from places like the DMV, a job interview, or to work. Additionally, some participants in the current evaluation did not possess driver’s licenses, further limiting their transportation options. This evaluation also identified how lack of phone service and high-speed internet make communication difficult and pose a barrier to building independence and integrating into society. Previous research has also identified these as significant reentry barriers (PettusDavis et al., 2019). Correctional system initiatives In response to the challenges that individuals face while reentering their communities, VOANNE and their partners have implemented several initiatives. Specifically, VOANNE has prioritized building trusting and collaborative partnerships with law enforcement agencies; this evaluation identified the strength of these partnerships. These partnerships facilitate opportunities to strengthen impact, such as the ability to provide services and programming within county jails while individuals are incarcerated. Additionally, postrelease offices and community spaces provide critical support to individuals who are reentering their communities after incarceration, and VOA’s diversion programming allows VOANNE to serve anyone who could benefit from services (e.g., not just individuals who are or have been incarcerated). VOANNE has also been able to expand to providing services in additional counties and correctional facilities over time.

St. Paul, MN: Wilder Research, 2024. 43p.

By Tom Jackson, Rachel Crorken, Sheenik Mills, and Carla Ayrton

This report presents findings from a one-year process evaluation that explored the delivery of unpaid work in England and Wales. The qualitative research design included a total of 102 interviews with: people on probation (25), beneficiaries (6), probation staff (62), and members of the judiciary (9); six focus groups with unpaid work staff; and ethnographic observations of 18 unpaid work projects. The evaluation was designed to assess what works in the delivery of unpaid work following the unification of the probation service and the £93 million investment to aid unpaid work delivery following the Covid-19 pandemic. The main findings from the evaluation are: Identity and purpose of unpaid work • All staff interviewed, believed the purpose of unpaid work is first and foremost a punishment, but it must also have elements of reparation in which people on probation give back to the community. Overall, staff were confident that unpaid work was meeting its aims as a punishment, which they viewed as the time people on probation give up attending their order. Staff also thought that unpaid work met reparative aims by ensuring that work carried out benefits the wider community. • Perceptions on whether unpaid work is rehabilitative were mixed. Staff explained how unpaid work can be rehabilitative for some individuals by providing an opportunity to learn ‘soft’ and practical skills. However, the rehabilitative potential of unpaid work was not applicable to everyone and was dependent on employment status, the type of project, and the individual’s willingness to engage with rehabilitative efforts. People on probation’s experience of unpaid work • People on probation identified relationships with supervisors as an important factor that affected their experience of unpaid work. A good relationship with a supervisor could encourage them to return and attend projects led by the same supervisor. Meaningful projects could increase compliance by encouraging people on probation to return to projects they believed had value. These were usually described as projects that would have benefits for the local community, and/or where people on probation had the opportunity to learn new skills, particularly if they thought these could lead to employment. • Many people on probation brought up communication issues they had with probation practitioners. These communication issues could make completing hours of unpaid work difficult either because their unpaid work hours were not set up in time or because people on probation could not contact probation to discuss issues they had with attending projects, making it hard to rearrange hours. • Many people on probation who were interviewed felt that wearing high-visibility vests, with unpaid work branding, caused them to experience unnecessary stigma and shame which could have negative impacts on their mental health. People on probation and supervisors thought, in particularly public areas, having to wear the branded high-visibility vests could impact compliance

Ministry of Justice Analytical Series

London: Ministry of Justice, 2024. 76p.

By Kristin Turney, Naomi F. Sugie, Estéfani Marín, Daniela E. Kaiser

Anticipatory stress—or worries about the future that produce emotional distress—may explain some of the deleterious repercussions of incarceration for health. We use nearly 500 interviews with incarcerated men and their family members to describe anticipatory stress stemming from the stressor of jail incarceration, a commonly experienced but understudied type of confinement distinct from prison incarceration. We identify and explain how jail incarceration involves a powerful confluence of factors that give rise to anticipatory stress about adjudication, family relationships, the well-being of loved ones, and reintegration. We describe three types of anticipatory stress proliferation between incarcerated men and their families. First, anticipatory stress commonly proliferates from incarcerated men to their children's mothers and their own mothers, with anticipatory stress being particularly salient when it involves the possibility of major changes, system irrationality, and powerlessness. Second, family members can experience anticipatory stress regardless of whether their incarcerated loved one reports anticipatory stress, shaped in part by men's extensive criminal legal contact. Third, family members with weak relationships with incarcerated men generally do not experience anticipatory stress despite the anticipatory stress endured by their incarcerated loved ones. This study provides a framework for understanding how other stages of criminal legal contact contribute to health inequalities among incarcerated people and their families.

Criminology, Volume 62, Issue 4, 2024, pages 830-858

By Margaret Colgate Love

The problem of collateral consequences calls to mind Supreme Court Justice Oliver Wendell Holmes Jr.’s famous line: “The life of the law has not been logic: it has been experience.” U.S. criminal law itself is not theoretically pure. In the area of civil law, in particular commercial law, dozens of uniform laws are on the books, drafted by experts, many of which, such as the Uniform Commercial Code, have been widely adopted. But in a country where we evaluate criminal justice polices based on a melange of principles - retributivist, utilitarian, economic, religious, pragmatic, intuitive, and emotional - there is and could be no Uniform Penal Code.1 Criminal law is inconsistent across states, and even within states, in its underlying justification or rationale, and the reasons that particular rules or practices exist. The Model Penal Code has been widely influential, but—as designed—states adopted only the pieces they liked, and heavily modified them. Disagreement about how to treat someone who has been arrested or prosecuted after their criminal case is concluded is, if anything, even more intense. The collateral or indirect consequences of their experience may be divided into four main types: Loss of civil rights, limits on personal freedom (such as registration or deportation), dissemination of damaging information, and deprivation of opportunities and benefits, each of which may be justified and criticized for different reasons. Accordingly, criminal law practitioners and scholars disagree about the fundamental nature and purpose of collateral consequences. To the extent the public at large ever thinks about them, they also hold a range of views. There is no consensus about whether collateral consequences in general or particular ones should be understood as further punishment for crime or prophylactic civil regulation, as a reasonable effort to control risk or as an unconstitutional and immoral perpetuation of Jim Crow, or, perhaps, understood in some other way. Advocates, analysts, and lawmakers will never be in a position to argue persuasively “because collateral consequences rest on Principle X, it follows that they should apply in and only in Condition Y, and must be relieved under Circumstance Z.” Yet, the practical problem of collateral consequences looms large. With their massive expansion in recent decades, those who experience collateral consequences firsthand know that they cannot become fully functioning members of the community without finding a way to overcome them. The economic dislocations caused by the Covid-19 pandemic underscore the practical implications of collateral consequences: With individuals desperate for money and opportunity, and businesses hungry for workers, the need for a sensible policy to minimize employer concerns about risk is clear. And while there remains no compelling necessity for all states to have the same penalties for armed robbery or cattle rustling, collateral consequences are a national economic problem affecting whole communities that might justify a federal, or at least a uniform, solution. Fortunately, agreement on underlying principles is not required to agree on particular policies.2 Most Americans agree that people arrested or convicted of crime should not be relegated to a permanent subordinate status regardless of the passage of time, successful efforts at rehabilitation and restitution, and lack of current risk to fellow Americans. Finding ways to restore their legal and social status is a compelling necessity, given the array of collateral consequences adversely affecting tens of millions of Americans, their families and communities, the economy, and public safety itself. To adapt a line from Justice Anthony Kennedy’s 2003 speech on criminal justice to the ABA, too many people are subject to too many collateral consequences for too long. At the same time, substantial majorities likely agree that public safety requires excluding those convicted of recent criminal conduct from situations where they present a clear and present danger of serious harm. Even if it is impossible to identify a s

Washington, DC: Collateral Consequences Resource Center (CCRC) , 2022. 129p.