Prison Overpopulation:
What Can Be Done?
Jackie Phillips
Criminology, Post University
CRJ331: Community Corrections
Unit 4 Assignment: Issues Surrounding the Revocation Process
Professor Terri Johnson
Due Date: 11:59 pm EST Sunday of Unit 4
In this assignment you will examine the issues surrounding the revocation process and its alternatives. For this assignment you will answer the following:
In your own words, explain how revocation contributes to jail overcrowding?
Obviously, when probation and parole are revoked and offenders are now forced back into jails and prisons, then that puts a lot of extra strain on the prisons to continue to care for these people. One option might be to transfer some inmates to prisons that are out of their area that might not be as crowded as say prisons and jails in urban and suburban areas where populations are higher. Another option would be to transfer offenders to other types of facilities like secure camps or workstations that do still require confinement but reduce the population of jails and prisons.
“For many offenders, parole supervision fails to disrupt the cycle of crime and imprisonment and offers little hope for behavioral change. There is evidence of significant progress and a willingness of State correctional leaders to reform the system; however, there are substantial organizational, political, and structural obstacles to the success of these efforts. Proposals are to concentrate supervision and services in the first 6 months of parole; expand the use of early and earned parole discharge; match parolee risk and supervision levels; use a parole-violation decision making matrix; expand options for intermediate sanctions; encourage criminal prosecution when new parolee felonies are alleged; track extra-level factors that impact revocation; and expand substance abuse and mental health programs for parolees.” (Grattet, R., 2008)
What alternatives could be tried to remedy the problem of overcrowding?
California took a huge leap to reduce prison over population and in 2011 passed The Public Safety Realignment Act, which basically moved inmates and their supervision from overcrowded state prisons and state programs to more distant and less crowded county prisons and camps and county Probation Departments.
“The Public Safety Realignment Act
To abide by the federal court's order, California legislature passed Assembly Bill 109 in April 2011. The resulting Public Safety Realignment Act changed how the California state government deals with low level felonies, with the goal of reduced recidivism. Effective October 1, 2011, certain felonies would carry a condition of imprisonment in county jails, as opposed to state prisons. In general, the crimes that qualified for jail sentences, labeled N-3, are non-violent, non-serious, and do not require the accused to register as a sex offender. Parole violations would also be served in local jails. The act also funded post-release community supervision, shifting responsibility for N-3 criminals to the local level. Each county created a Community Corrections Partnership to oversee the implementation of realignment.” (No author given, 2023)
The most important way to alleviate overcrowding in prisons is to become more creative to initially bringing people into jail, both before and after sentencing. These could include electronic monitoring devices, work camps, halfway houses and home detention.
“Alternative Custody Programs in Use
These include placement in a non-custodial setting during a term of punishment (e.g., split sentence, work release, home detention, electronic monitoring, earned discharge, medical release), probation, supervision by a specialty court in lieu of custody, community service, placement in a half-way or sober-living house, fines, and mandatory treatment or training. Alternatives can be established as a matter of law and policy; they can also result from offender initiative (e.g., offenders can apply for out-of-custody placements), or from discretionary decisions (e.g., early release to electronic monitoring program, referral to treatment in lieu of revocation). (Grattet R. and Martin B., 2015)
Another creative aspect to remedy jail overcrowding is what California calls Split Sentences.
“Split Sentences. Under realignment, judges can impose split sentences-county jail terms followed by mandatory supervision in the community. In addition to structuring and supervising offenders’ reentry to the community by allowing for rehabilitation to start during the offender’s jail term and continue while in the community, split sentencing is designed to decrease pressure on jail and prison space. The judge has full discretion in splitting a sentence between incarceration and community supervision phases.” (Grattet R. and Martin B., 2015)
In conclusion, in a creative and humane society, ways can be discovered to reduce prison populations and allow offenders to remain outside as long as they follow the rules and regulations set forth in their Probation or Parole. For people who choose to follow these rules and regulations, then they should be rewarded with more freedom. For others who choose to breaks the rules, then they should return to some type of confinement and restrictions, which does not necessarily include prison or jail.
References
Grattet, R., 2008, Office of Justice Programs, Parole Violations and Revocations in California, https://www.ojp.gov/ncjrs/virtual-library/abstracts/parole-violations-and-revocations-california
No author given, 2023, Wikipedia, Public Safety Realignment initiative, https://en.wikipedia.org/wiki/Public_Safety_Realignment_initiative#:~:text=California's%20Public%20Safety%20Realignment%20initiative,that%20population%20to%20county%20jails.
Grattet, R. and Martin, B., 2015, Public Policy Institute of California, Alternatives to Incarceration in California, https://www.ppic.org/publication/alternatives-to-incarceration-in-california/#:~:text=These%20include%20placement%20in%20a,way%20or%20sober%2Dliving%20house%2C
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