Considerations for the Next Administration: Criminal Justice Reform and Prisoner Reentry

• Publication year: 2017

Considerations for the Next Administration: Criminal Justice Reform and Prisoner ReEntry

J. C. Lore III

Jason S. Kanterman

CONSIDERATIONS FOR THE NEXT ADMINISTRATION: CRIMINAL JUSTICE REFORM AND PRISONER REENTRY

J.C. Lore, III^* Jason S. Kanterman^**

Introduction

This year, some 600,000 inmates will be released from prison back into society. We know from long experience that if they can't find work, or a home, or help, they are much more likely to commit more crimes and return to prison ... America is the land of the second chance, and when the gates of the prison open, the path ahead should lead to a better life.¹

—President George W. Bush, 2004 State of the union Address

Criminal justice reform has, once again, taken center stage in American Politics.² This discussion is more than just an academic exercise; it is about creating a system that reduces recidivism, reduces criminal behavior, and enhances community safety. one critical component for reforming our system is through enhanced reentry programming and support: ensuring that offenders

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are provided adequate support and guidance post-incarceration, so that they may re-enter society as a contributing member of the global community.

Here is what follows. First, we will briefly explain what prisoner reentry is. We will then move on to the who, where, when, why, and how; specifically, where these programs can be implemented; who can and should be involved; when and why they will be important for the next administration to focus on; and how the next administration can help.

Before continuing, it is helpful to understand the scope of the issue. During 2010, 708,677 sentenced prisoners were released from state and federal prisons, an increase of nearly 20 percent from 2000.³ This number pales in comparison to the nearly 4.9 million individuals who were on probation or parole at the end of 2010.⁴

I. What is Prisoner Reentry: A Brief Introduction

Reentry programs are designed to assist incarcerated individuals to successfully transition back into society after being released from prison.⁵ The details and structures of these programs vary widely, in part, because the research and data regarding "best practices" is relatively limited. That said, most of the research appears to agree on the basic goals and structure of reentry type work.

[t]hree phases are associated with offender reentry programs: programs that take place during incarceration, which aim to prepare offenders for their eventual release; programs that take place during offenders' release period, which seek to connect ex-offenders with the various services they may require; and long-term programs that take place as ex-offenders permanently reintegrate into their communities, which attempt to provide offenders with support and supervision. There is a wide array of offender reentry program designs, and these programs can differ significantly in range, scope, and methodology. Researchers in the offender reentry field have suggested that the best programs begin during incarceration and extend throughout the release and reintegration process. Despite the

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relative lack of highly rigorous research on the effectiveness of some reentry programs, an emerging "what works" literature suggests that programs focusing on work training and placement, drug and mental health treatment, and housing assistance have proven to be effective.⁶

Additional research conducted by the Federal Bureau of Prisons, Federal Probation, the United States Department of Labor, and Congress, has indicated that most reentry programing seeks to provide participants with assistance in key areas,⁷ including: employment, mentorship,⁸ housing, legal representation,⁹ mental health and addiction counseling, education,¹⁰ life-skills training, domestic and family relations,¹¹ and financial literacy.¹²

All of these areas are necessary components to successful reentry, and many, if not all of these areas, overlap. For example, employment is important because it provides the reentrant with stability, responsibility, and income—all necessary tools for reintegration. As would be expected, individuals returning from an extended period of incarceration face a difficult road in finding gainful employment:

[t]he prospect of having to search for meaningful work upon release from prison can be a daunting one, particularly for inmates who have been out of the labor market for a number of years. Many inmates acquire valuable skills and work experience through programs like Federal Prison Industries (FPI), vocational training opportunities,

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and/or other occupational education courses offered at Bureau facilities. But inmates nearing release in today's society need to re-learn, or perhaps for the first time learn, how to effectively 'search for a job.'¹³

The value added by reentry programming in the employment arena is not limited to assisting reentrants in locating gainful employment, but also includes the benefit of reinforcing ideas of responsibility and stability:

People recently released from prison not only need to find a job, but they also need to remain employed in order to establish stability and, ideally, to lay the foundation for long-term advancement and wage growth. However, the jobs they find are often temporary or transitional. Ex-prisoners also have a high rate of either quitting these jobs or being fired. [. . .] Among the participants who found a job and were active in the program for at least three months, 65 percent met the job retention benchmark. Furthermore, those who met with a mentor were 56 percent more likely to meet the benchmark than those who did not.¹⁴

Similarly, reentry programming provides assistance to those facing difficulty locating and maintaining stable and safe housing:

[h]ousing problems, including homelessness, are common among individuals leaving the corrections system. They tend to have limited or low incomes, and, often due to their criminal history, lack the ability to obtain housing through the channels that are open to other low-income people. As a result, one in five people who leave prison becomes homeless soon thereafter, if not immediately.

In fact, a California Department of Corrections study found that in major urban areas

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