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PUNISHMENT

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

Recommendations for Strengthening the Reentry Employment Opportunities Program

By Melissa Young, Clarence Okoh, and Jason Whyte

Now more than ever, Congress has a national imperative to advance comprehensive policy reforms that seek to remedy the harms caused by the criminal legal system, heal communities, and restore rights and access to opportunity. The federal Reentry Employment Opportunities (REO) Program has the potential to be a critical programmatic element of a comprehensive effort.

In this brief, the Center for Law and Social Policy (CLASP) and the National Reentry Workforce Collaborative (NRWC) offer a set of recommendations to strengthen and modernize the REO program to ensure that a greater number of people impacted by the criminal legal system have access to quality jobs through effective, equitable, and culturally responsive practices.

Our recommendations are grounded in the perspectives of current REO programs, partners, and intermediaries across the country. Additionally, our recommendations build from two recent proposals to codify the REO program from Senator Gary Peters (D-MI) through the Reentry Employment Opportunities Act of 2020 (Senate Bill 4387) and the House-passed Workforce Innovation and Opportunity Act of 2022 (House Bill 7309).

Washington, DC: CLASP, 2022. 6p.

Unified, Safe, and Well: Building Life-Affirming Systems for Justice-Impacted Families

By Deanie Anyangwe & Alycia Hardy

According to a 2010 Pew Charitable Trust report, more than 1.1 million men and 120,000 women incarcerated in jails and prisons in the United States have children under the age of 17, and 2.7 million children nationwide have one or both parents incarcerated. As more attention has been paid to the negative consequences of incarceration on families in recent years, different localities have undertaken new efforts to mitigate the impact of the criminal legal systems. Most recently, there have been federal efforts to offer alternatives to incarceration to parents and caregivers. In 2021, the OJJDP began a new grant program titled the Family-Based Alternative Sentencing Program.

In this report, we analyze the landscape for family-based alternative sentencing programs to assess the effectiveness of these programs in meeting their program goals. We specifically focused our analysis on two programs funded by OJJDP’s Families Based Alternative Sentencing Program: Lehigh County, PA and Washtenaw County, MI. Additionally, we conducted an in-depth analysis of a state-funded program in Washington County, Oregon with more longevity to get a better sense of how these programs function over time. As we outline what we have learned from the field, we will be drawing particular attention to the challenges and barriers in planning and implementation, the equity and justice-related implications of these programs, and the nuances in how these programs are functioning. In highlighting the challenges with facilitating these programs, we hope to demonstrate the need for alternatives to incarceration that address immediate needs for caregivers and children, minimize the power of the police state, and support program improvements that increase accessibility and utilization by those targeted for criminalization, all while pushing for a shift away from incarceration altogether and working toward keeping families and communities unified, safe, and well. We offer policymakers, practitioners, and advocates considerations and recommendations for non-coercive alternatives to incarceration that support the autonomy, well-being, and safety of children and families.

Washington DC: CLASP: 2023. 43p.

The Unethical Use of Captive Labor in U.S. Prisons

By Lulit Shewan

An exploitative labor economy exists within the confines of this nation’s prisons. This is a fundamental pillar of the criminal justice system, yet it is largely concealed from public view. In the United States, all state and federal prisons allow some form of involuntary labor as part of various correctional work programs. Even when prison labor is ostensibly voluntary, the combination of meager pay (often less than $1/hour) and the presence of harsh alternatives creates an inherently exploitative system that depends on the labor of those behind bars and perpetuates a cycle of exploitation and marginalization. Prison labor amplifies deep-seated issues within the criminal justice system and casts a stark light on the intersection of labor rights, social justice, and the ethics of incarceration

The Exploitative Prison Labor Economy

Incarcerated men and women toil in workshops, kitchens, and fields, producing goods and services that reach far beyond their confinement. From manufacturing furniture and processing food to fighting fires and working in call centers, their labor fuels supply chains, corporate profits, and consumer markets. Yet these workers remain invisible, their contributions often overlooked or dismissed. The commodification of their labor perpetuates a cycle of vulnerability, where meager wages and limited rights prevail. In the intricate tapestry of the prison industrial complex, we confront a profound challenge that transcends temporary reforms. The only holistic and ethical approach calls for a paradigm shift, a reimagining of justice itself. Within this context, we fiercely advocate for granting incarcerated individuals fundamental rights: the right to choose voluntary work and earn fair wages, and the freedom to join unions. These rights are not concessions; they are affirmations of human dignity and agency, and are necessary to improving the material conditions of incarcerated people.

Washington, DC: CLASP, 2024. 6p.

Tempering the Taste for Vengeance: Information about Prisoners and Policy Choices in Chile

By Scartascini, Carlos; Cafferata, Fernando Gabriel; Gingerich, Daniel

Punitive anti-crime policies in the Americas have contributed to steadily increasing rates of incarceration. This creates prison overcrowding and can lead to recidivism. Harsh penalties are often demanded by citizens, making them politically attractive for politicians. Yet the contextual determinants of participation in crime are rarely understood by the public. In this paper, we employ a survey experiment conducted in Chile in order to examine how the provision of information about the prison population shapes tastes for punitive anti-crime policies. Respondents in the treatment group received information about the low educational attainment of prisoners. This information led to substantial changes in policy preferences. Tasked with allocating resources to anti-crime policies using a fixed budget, treated respondents assigned between 20% to 50% more to socially oriented anti-crime policies (relative to punitive policies) than respondents in the control group, and they reduced their support for “iron fist” policing. This indicates that providing information to citizens might change the policy equilibrium in the Americas.

Washington DC: IDB, 2020. 31p.

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Determining rates of death in custody in England and Wales

By Stella Botchway and Seena Fazel

In England and Wales, there has been considerable work over recent years to reduce the numbers of deaths in custody. Currently, there is no standard,internationally agreed definition of a death in custody, which limits compar-isons. In addition, rates of death in custody are often reported per country or region inhabitants, but it would be more useful to report per number of detainees. In this short communication, we present data on deaths in indivi-duals who have been detained in England and Wales between 2016 to 2019. Wealso present a method to calculate rates of death per custodial population in key settings using routine data, allowing for more consistent comparisons across time and different settings. Most deaths in custody between 2016–2019 occurred in prisons (56% of all deaths in custody over 2016–19; Table 1). However, when rates are considered, those detained under the Mental HealthAct had the highest rate of deaths, which ranged from 1103–1334/100,000 per-sons detained. Around one in five deaths were self-inflicted. The data presented highlights the need to maintain focus on improving the physical health and mental health of all those detained in custody, both whilst in detention and after release

THE JOURNAL OF FORENSIC PSYCHIATRY & PSYCHOLOGY2022, VOL. 33, NO. 1, 1–13

Breaking the School-To-Prison Pipeline: Implications of Removing Police from Schools for Racial and Ethnic Disparities in the Justice System 

By  Benjamin W. Fisher; Catalina Valdez; Abigail J. Beneke

This document presents the research methodology, findings, and discusses implications of a research project that examined the potential impacts of removing school-based law enforcement (SLBE), and how that might shape outcomes related to criminal justice system contact or other racial and ethnic disparities. The research study drew on two secondary data sources: The School Survey on Crime Safety (SSOCS), which is a biennial nationally representative sample of school administrators; and the Civil Rights Data Collection (CRDC), a biennial census of American public schools. Both data sources were used to construct a two-wave longitudinal dataset that identified schools that did or did not remove SBLE. The researchers used a difference-in-differences approach. The researchers compared changes between schools that did remove versus those that did not remove SBLE, in three measures of criminal justice contact: arrests; referrals to law enforcement; and crimes reported to police. The report presents the research findings, and notes that they were mostly consistent across school racial and ethnic composition. Results indicated that for schools to improve racial and ethnic equity in their use of law enforcement, they should use strategies beyond simply removing police from schools.

Madison, WI: Department of Civil Society and Community Studies School of Human Ecology University of Wisconsin-Madison 2024. 82p.

Prison Norms and Society beyond Bars

By Maxim Ananyev, Mikhail Poyker:

Inmates' informal code regulates their behavior and attitudes. We investigate whether prisons contribute to the spread of these norms to the general population using an exogenous shock of the Soviet amnesty of 1953, which released 1.2 million prisoners. We document the spread of prison norms in localities exposed to the released ex-prisoners. As inmates' code also ascribes low status to persons perceived as passive homosexuals, in the long run, we find effects on anti-LGBTQ+ hate crimes, homophobic slurs on social media, and discriminatory attitudes.

ZA DP No. 17138\ Bonn: Institute of Labor Economics, 2024. 

The Validity of Reconviction Prediction Score: Home Office Research Study 94

By Denis Ward

Purpose of the Study: The study evaluates theReconvictionPrediction Score (RPS), which predicts the likelihood of conviction within two years of a prisoner's discharge.

Findings: The RPS is generally accurate but can be improved by including factors like sentence length.

Recommendations: The RPS should continue in its present form but with potential future adjustments for better accuracy.

Data Sources: The study used data from the Parole Index and Offenders Index For males discharged between 1977-1979.

London:: Her Majesty’s stationery Office, 1987, 46 pages

Impact of Prison Experience on Anti-gay Sentiments: Longitudinal Analysis of Inmates and Their Families

By Maxim Ananyev, Mikhail Poyker:

Inmates' informal code often ascribes low status to persons perceived as passive homosexuals. We use longitudinal data to investigate whether prison experience contributes to anti-gay beliefs. We find that prison experience prompts a higher level of anti-gay sentiments among males and their families, while no discernible difference exists before incarceration. We find no effect for female ex-prisoners. We confirm that the results are not driven by pre-incarceration trends, changes in trust and social capital, socioeconomic status, mental health, masculinity norms, and other potential alternative explanations. Our study sheds light on the overlooked role of prisons as a significant contributor to the propagation of anti-gay attitudes.

IZA DP No. 17137 Bonn: Institute of Labor Economics, 2024. 

Terminating Supervision Early American Criminal Law Review, Forthcoming

By Jacob Schuman

Community supervision is a major form of criminal punishment and a major driver of mass incarceration.  Over 3.5 million people in the United States are serving terms of probation, parole, or supervised release, and revocations account for nearly half of all prison admissions.  Although supervision is intended to prevent crime and promote reentry, it can also interfere with the defendant’s reintegration by imposing onerous restrictions as well as punishment for non-criminal technical violations.  Probation officers also carry heavy caseloads, which forces them to spend more time on enforcing conditions and less on providing support.

Fortunately, the criminal justice system also includes a mechanism to solve these problems: early termination of community supervision.  From the beginning, the law has always provided a way for the government to cut short a defendant’s term of supervision if they could demonstrate that they had reformed themselves.  Recently, judges, correctional officials, and activists have called to increase rates of early termination in order to save resources, ease the reentry process, and encourage rehabilitation.  Yet despite all this attention from the field, there are no law-review articles on terminating supervision early.

In this Article, I provide the first comprehensive analysis of early termination of community supervision.  First, I recount the long history of early termination, from the invention of probation and parole in the 1800s to the Safer Supervision Act of 2023.  Next, I identify and critique recent legal changes that have made it harder for federal criminal defendants to win early termination of supervised release.  Finally, I propose the first empirically based sentencing guideline on terminating supervision early, which I recommend in most cases after 18 to 36 months.  If community supervision drives mass incarceration, then early termination offers a potential tool for criminal justice reform. American Criminal Law Review, Forthcoming,  2024.

Strengthening Accountabilitiy for Survivors of Conflict Related Sexual Violence in Ukraine: Findings and Recommendations from the Frontline

By  Wendy Betts

This is a policy brief that outlines recommendations for how to hold perpetrators accountable for sexual violence in Ukraine. The recommendations include:

  • Legal pathways: Outlining legal pathways for accountability

  • Documentation: Best practices for documenting conflict-related sexual violence

  • Coordination: How to coordinate cooperation between documenters, support services, and the Ukrainian government

  • Qualified professionals: Expanding the number of qualified professionals who can conduct forensic medical evaluations

  • Legislative reforms: Legislative reforms to empower survivors in the justice process

  • Medico-legal documentation: Developing standardized medico-legal documentation tools

  • Capacity-building: Implementing capacity-building initiatives to ensure trauma-informed, survivor-centered approaches 

  • The brief also calls on Ukrainian officials to build on their progress and reform systems so that survivors can access care, support, and justice. 

    The international community must react swiftly and respond in a survivor-oriented way toward justice

Global Initiative for Justice, Truth and Reconciliations (GIJTR) 2024. 37p.

Prison Norms and Society beyond Bars

By Maxim Ananyev, Mikhail Poyker:

Inmates' informal code regulates their behavior and attitudes. We investigate whether prisons contribute to the spread of these norms to the general population using an exogenous shock of the Soviet amnesty of 1953, which released 1.2 million prisoners. We document the spread of prison norms in localities exposed to the released ex-prisoners. As inmates' code also ascribes low status to persons perceived as passive homosexuals, in the long run, we find effects on anti-LGBTQ+ hate crimes, homophobic slurs on social media, and discriminatory attitudes.

IZA DP No. 17138\ Bonn: Institute of Labor Economics, 2024. 

Impact of Prison Experience on Anti-gay Sentiments: Longitudinal Analysis of Inmates and Their Families

By Maxim Ananyev, Mikhail Poyker:

Inmates' informal code often ascribes low status to persons perceived as passive homosexuals. We use longitudinal data to investigate whether prison experience contributes to anti-gay beliefs. We find that prison experience prompts a higher level of anti-gay sentiments among males and their families, while no discernible difference exists before incarceration. We find no effect for female ex-prisoners. We confirm that the results are not driven by pre-incarceration trends, changes in trust and social capital, socioeconomic status, mental health, masculinity norms, and other potential alternative explanations. Our study sheds light on the overlooked role of prisons as a significant contributor to the propagation of anti-gay attitudes.

IZA DP No. 17137 Bonn: Institute of Labor Economics, 2024. 

Peer Effects in Prison

By Julian V. Johnsen, Laura Khoury:

Peer actions play a key role in the criminal sector due to its secrecy and lack of formal institutions. A significant part of criminal peer exposure that happens in prison, is directly influenced by policymakers. This paper provides a broader understanding of how peer effects shape criminal behavior among prison inmates, focusing on co-inmate impacts on recidivism and criminal network formation. Using Norwegian register data on over 140,000 prison spells, we causally identify peer effects through within-prison variation in peers over time. Our analysis reveals several new insights. First, exposure to more experienced co-inmates increases recidivism. Second, exposure to "top criminals" (i.e. those with extreme levels of criminal experience) plays a distinctive role in shaping these recidivism patterns. Third, inmates form lasting criminal networks, as proxied by post-incarceration co-offending. Fourth, homophily intensifies these peer effects. These findings contribute to the theoretical understanding of peer influences in criminal activities and offer practical insights for reducing recidivism through strategic inmate grouping and prison management policies.

Bonn: Institute of Labor Economics - IZA, 2024.

Grasping the nettle: Options for a lasting solution to the prison capacity crisis

By Howard League for Penal Reform

The prison system in England and Wales is running out of space, reaching record highs of more than 88,000 in recent months. Not only that but the Ministry of Justice (MoJ) has been flagging the likelihood of this happening in its prison population projections since 2021 (MoJ, 2021). Billions of pounds are being spent on new prison places but this will not be enough to match supply to demand. It is time for a new government to address the capacity problem head-on and determine a more positive future for the prison system. The problem is not going away, with the latest prison population projections estimating an increase by more than 30% within the next four years (MoJ, 2024c). The new Labour government has recognised that tackling the crisis must be an urgent priority, with the Prime Minister, Sir Keir Starmer, commenting at his first Downing Street press conference that “we have too many prisoners” (BBC, 2024). During the election campaign the Prison Governors’ Association (PGA) took the unprecedented step of writing to all the main party leaders, warning that “it is a matter of days before prisons run out of space, and that the entire Criminal Justice System stands on the precipice of failure. Within a matter of weeks, it will put the public at risk” (PGA, 2024). The Police Federation has also expressed concerns that police officers are being asked to hold people unlawfully in police custody because prison cells are not available (Police Federation, 2024). It has been suggested that Operation Brinker, a ‘one-in-one-out’ system, would be deployed as prisons approach zero capacity (iNews, 2024). The main driver behind population growth is an increase in the determinate sentenced population due to greater levels of prosecutorial activity, the court backlog, and changes in sentencing policy. Examples include changes to the timing of release for those serving certain determinate sentences (from release at halfway to two-thirds of the sentence) and the introduction of mandatory starting points or whole-life orders for certain offences. Such reforms mean that more people will spend longer in prison. Legislative reforms such as Schedule 21 (introduced in 2003) and responses to single-issue campaigns have introduced mandatory minimum terms for custodial sentences for certain types of offences (and in some cases have resulted in the creation of new offences). These political interventions have distorted proportionality in sentencing and driven up sentence lengths.   

London: Howard League for Penal Reform, 2024. 19p


Making proper use of ‘proper prisons’? The Victorian estate and the future of the prison system

By Dominique Moran, Jennifer Turner, Yvonne Jewkes and Matt Houlbrook

Over 20% of people in prison are currently housed in prisons with Victorian-era accommodation. This significant part of the prison estate is a legacy of Victorian policy and ambition, both in terms of construction, and in the creation of a new social institution, the modern prison. Both the physical infrastructure and the ideological foundations of the Victorian prison persist today. This once ‘visionary’ prison design has been widely regarded as an historical relic, a barrier to progress and innovation. These establishments can be characterised by poor-quality accommodation and a relative shortage of opportunities for purposeful activity. The Victorian estate can exhibit some of the worst conditions across the prison system, with HMIP frequently reporting dark, damp cells with poor ventilation and drainage. Despite these challenges, the Victorian prison remains a significant component of the urban prison estate, located close to courts and communities. Our research, conducted with those living and working in Victorian prisons, highlights some ways in which these challenging buildings may be reimagined and re-deployed. The persistence of the Victorian prison also has conceptual implications. This ‘modern’ prison was conceived in part to resolve a ‘penal crisis’ beginning in the 1770s, following the suspension of The challenges evident in the Victorian prison often bring it into the public eye. Today, the prison estate in England and Wales is experiencing acute pressure, with the population currently at its highest ever level, reaching a peak of 88,225 in October 2023 (and closely matched in March 2024). The Victorian prison estate arguably persists in part because these pressures prevent serious consideration of closure of establishments of any era. The prison system is already operating above the Ministry of Justice’s own measure of safe and decent accommodation and is set to reach capacity in summer 2024. Criminal justice stakeholders and oversight bodies have repeatedly raised concerns about the levels of crowding and the impact on safe, decent, and purposeful environments for those living and working in prisons. Prison population projections indicate that this is a long-term problem, with the prison population set to grow to up to 114,800 by March 2028. The Ministry of Justice have announced a raft of emergency measures aimed at increasing capacity, including the renting of police custody cells and cells abroad, and the construction of ‘rapid deployment cells’, prefabricated temporary accommodation with a 15-year lifespan. Draft legislation has proposed scrapping custodial sentences of 12 months or less, and the early release scheme continues to expand. Whilst efforts to reduce the prison population are welcome, short term measures are limited in their effectiveness in addressing longer-term challenges. These pressures tell us that the system requires a rethink, both in terms of its infrastructure and, more abstractly, its purpose. Tackling the challenges faced by the Victorian prison estate, and the system more broadly, will require ambition, a clear vision for the future of the whole prison system, and the foresight necessary to effectively deploy Victorian prisons to support rehabilitation and promote reintegration. 

London: Howard League for Prison Reform, 2024. 11p.

An Unfulfilled Promise: Assessing the Efficacy of Article 11.073 A CRITICAL EXAMINATION OF TEXAS’S “JUNK SCIENCE” LAW 

By Texas Defender Service

No one should be forced to serve a prison sentence—or face the death penalty and be executed—because they were convicted based on unreliable forensic evidence. But the reality is that scores of innocent people are serving prison terms, or even facing execution, simply because their juries trusted forensic evidence—from DNA to fingerprints to ballistics—that was later found to be untrustworthy. Yet for years, in both Texas and across the country, people who were convicted based on flawed forensic evidence had no legal recourse in the courts to be relieved of their convictions. Then, just over a decade ago, the Texas Legislature took a revolutionary step forward for people who were wrongfully convicted based on flawed forensics: it passed Texas Code of Criminal Procedure Article 11.073 (hereinafter 11.073). The first statute of its kind in the United States, 11.073 created a pathway for people whose convictions were based on false forensic evidence to show those faults and ultimately secure their freedom. Is Article 11.073 fulfilling its powerful initial vision: to grant relief to innocent people who are incarcerated on the basis of flawed scientific evidence? The answer is no. Texas Defender Service systematically examined the more than 70 cases raised under 11.073 between September 2013 and December 2023. We found that 11.073 is not working to provide relief to innocent people convicted based on false or unreliable forensic evidence. Due both to the Texas Court of Criminal Appeals’s (CCA) interpretation of the statute and lack of guidance in the statute itself, 11.073 is not operating as the Texas Legislature intended: #1—The Statute Does Not Go Far Enough to Protect Innocent People Who Were Convicted Based on Junk Science: At the heart of 11.073 is the Texas Legislature’s recognition that an innocent person convicted based on flawed forensic evidence should be able to overturn their conviction if they can show (1) that the evidence was flawed and (2) that without this flawed evidence, the jury would have found them “not guilty.” This is the standard written in the statute itself, and it is designed to provide a pathway for innocent people who are serving sentences based on unreliable forensic evidence. However, in practice, the CCA does not apply this standard. Instead, it usually only grants relief if a person can show evidence strong enough to eliminate any rational basis for their conviction, such as exonerating DNA evidence or an alternate perpetrator. This is the legal “actual innocence” standard, and it is higher than the standard written in the 11.073 statute. The legal “actual innocence” standard also places an impossibly high burden on innocent people convicted based on flawed forensic evidence. For the vast majority of people who are actually innocent, meeting the high evidentiary burden of the legal “actual innocence” standard years—or decades—after their conviction is out of the question. 1 Innocent incarcerated people are al almost never in a position to do the intensive police work required to reconstruct a crime scene, uncover previously unknown eyewitnesses, or track down an alternate perpetrator. Moreover, original evidence may have gone stale, and eyewitnesses can be missing, deceased, or are no longer able to recall specific details. #2—The CCA Largely Restricts Relief to Cases Involving New DNA Evidence, Even Though Most Wrongful Convictions Are Based on Other Types of Flawed Forensic Evidence: The CCA primarily grants relief in cases involving DNA evidence, ignoring many other cases involving false forensic evidence. This is concerning because nationwide data shows that false DNA evidence is only involved in a relatively small number of wrongful convictions. #3—The CCA is Not Granting Relief to Death-Sentenced People Under 11.073: The CCA has never granted 11.073 relief to a person sentenced to death, as compared to granting relief to 31% of people who seek relief and are serving non-death sentences. Given the historically high rates of exonerations in capital cases, the total failure of the CCA to grant 11.073 claims for death-sentenced people—compared to nearly a third of all other people—is especially concerning. #4—People Without Counsel are Functionally Barred from Meaningfully Seeking Relief Under 11.073: People who represent themselves in their 11.073 applications are effectively denied access to relief under 11.073 due to their lack of legal counsel. Of the 74 applications filed and adjudicated between September 2013 and December 2023, 19 were filed by people without lawyers. Of those 19 people without lawyers, only one has ever been granted relief, a stark drop-off from the 25% of people with counsel who receive relief. #5—Procedural Bars Prevent Large Numbers of 11.073 Applications from Being Considered on the Merits: Despite having valid claims, many people who seek relief under 11.073 never receive consideration of their claims on the merits because of procedural issues. These barriers especially impact people sentenced to death and people without lawyers. Texas took an extraordinary step in enacting 11.073, but more must be done to ensure that the statute operates as the Texas Legislature intended. In this report, we recommend steps the Texas Legislature can take to ensure that 11.073 serves its intended function: creating a pathway to relief for innocent people who were convicted on the basis of false or unreliable forensic evidence. 

Austin: Texas Defender Service, 2024. 36p.

Indigenous deaths in custody: 25 years since the Royal Commission into Aboriginal Deaths in Custody

By Alexandra Gannoni and Samantha Bricknell

“The purpose of this paper is to provide a picture of trends and characteristics of Indigenous deaths in prison and police custody in the 25 years since the RCIADIC. A key focus is to describe the circumstances of Indigenous deaths in custody and how these compare with those reported by the RCIADIC and over time."The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) was established in 1987 in response to growing concern over the deaths of Indigenous people in custody. The RCIADIC (1991) found Indigenous people in custody did not die at a greater rate than non-Indigenous people in custody, but were considerably more likely to be arrested and imprisoned. The RCIADIC (1991) recommended an ongoing program be established by the Australian Institute of Criminology (AIC) to monitor Indigenous and non-Indigenous deaths in prison, police custody and youth detention. In response, the National Deaths in Custody Program (NDICP) commenced in 1992. Since then, the NDICP has collected comprehensive data on the extent and nature of all deaths in custody in Australia.”

Australian Institute of Criminology. Statistical Bulletin. No. 17. Feb. 2019. 15p.

The Unknown Citizen

By Tony Parker

Recidivism and Rehabilitation: The document explores the challenges of rehabilitating repeat offenders, highlighting the cycle of crime and punishment.

Humanity and Understanding: It emphasizes the importance of treating criminals as human beings and understanding their circumstances.

Systemic Failures: The text discusses the inadequacies of the judicial and penal systems in addressing the root causes of criminal behavior.

Personal Struggles: The narrative of Charlie Smith illustrates the personal difficulties and societal rejection faced by habitual offenders.

Faber & Faber, 2013, 176 pages

Inside Illinois Civil Commitment Treatment Behind Razor Wire: A report of key findings from a 2019 survey of the residents at Rushville Treatment and Detention Facility, Illinois

By The Civil Commitment Working Group

This report is a summary of the responses that people incarcerated at Rushville Treatment and Detention Facility shared in a 2019 survey. It highlights the concerns, safety risks, and abuses that people who are locked up in Rushville shared with us and connects these self-reports with supporting data collected by professionals who study civil commitment. Rushville residents were clear about the following: 1. Civil commitment at Rushville Treatment and Detention Facility is punishment, not treatment. 2. Civil commitment at Rushville disproportionately harms people from marginalized groups, particularly LGBTQ+, Black, multiracial, and Indigenous people. 3. Rushville is a violent place with poor living conditions. 4. Civil commitment at Rushville is a life sentence. Our Recommendations United by our opposition to sexual violence and our commitment to building a world where no one experiences sexual harm, we do not believe it is possible to build that world so long as civil commitment continues to exist. We know that ending sexual harm and closing Rushville will not happen overnight. To that end, we have provided both immediate and long-term proposals directly informed by feedback from people detained at Rushville. End civil commitment • Reallocate resources that are earmarked for expanding Rushville’s capacity or bolstering its punitive and surveilling practices. • Make Rushville voluntary. Fewer people in • Provide education about civil commitment for people serving criminal sentences. • Eliminate the STATIC 99R. • Invest in voluntary, community-based treatment options. More people out • Release people at higher rates. • Create transparent and accessible pathways for accessing conditional release. • Instate therapist-patient confidentiality.

• Invest in voluntary community-based treatment options. Help those inside now • Allow external monitors to survey the facility. • Expand access to the outside world. • Reallocate resources to offer more one-on-one, confidential therapy. What people on the outside can do right now • Send in care packages of food, gender-affirming products, toiletries, and other necessities. • Educate yourself and others about civil commitment. • Challenge stigma surrounding people who have caused sexual harm. • Support or launch transformative justice initiatives in your community.      

Chicago; Rushville, Civil Commitment Working Group Illinois, 2022. 2022. 32p.