Guideposts For The Era Of Smart Decarceration

Changing the use of incarceration involves reducing who is funneled toincarceration and why. Also, it involves changing what happens when aperson becomes incarcerated. This does not require abandonment ofpunishment and deterrence, but when a person is incarcerated, theexperience would model and foster positive societal participation.GUIDEPOST 2: Change use of incarceration Reduce use of pretrial detentionthrough alternative forms of bailpayment; expedite processes forlowered bail applications; increase useof release-on-own-recognizance forthose who do not pose immediateharm to others; decrease racial andeconomic bias in who is detained;process individuals more quickly viaincreased capacity of courts,prosecution, and public defense. Generate a wider range of sanctionsfor nonviolent crimes (includingtechnical violations) that useincarceration only as a last resort andwhen the crime threatens others’personal safety. Adopt evidence-driven alternatives toconviction (e.g., arrest diversion, precharge diversion, deferred prosecution)with expanded eligibility beyond lowlevel crimes. Institute practices that coordinaterelease from institutions and prepareindividuals for transition such as (1)increase number of staff who conductprerelease planning and make suchplanning mandatory; (2) innovateprogrammatic-based furloughs; (3)reform confinement conditions to makethem more similar to community-basedliving; and (4) shift correctional staffroles to include responsibilities focusedon post-release success.8

The siloed nature of criminal justice system sectors is a driving factor inmass incarceration. Actors in each sector need to have a sharedunderstanding of individuals moving through the system, processesindividuals experience, and circumstances they face before and after a givenstage. Cross-sector training provides a bridge for such shared knowledge.GUIDEPOST 3: Cross-sector training Identify common elements andprovide standardized training to allsectors of the criminal justice systemwithin a jurisdiction. Such contentincludes trauma-informed care, risksand needs, behavioral health, deescalation skills, impact of powerdifferentials, fairness and safety,resources, and racial and economicdisparities. Share trainings between communitymembers and law-enforcement,including development of specializedunits/tasks forces within lawenforcement. Create social work positions at everystage of the criminal justice system, frombooking to parole. Reform formal judicial education toinclude decarceration practices.9

To foster social justice-driven reforms, community members within localjurisdictions must be involved in the decision-making process. Communitymembers include families of people involved in the criminal justice systemas well as victims of crime.GUIDEPOST 4: Integrate justice and community Improve law enforcementrelationships with people who areblack, brown, or native usingmechanisms that establish mutualtrust, respect, and partnership. Forexample, engage in shareddevelopment of policing reforms. Establish different mechanisms foraddressing police abuse other thanlocal prosecutors being responsible forprosecuting police and holding themaccountable. Change parole board developmentand composition (e.g., adding criteriaof who can serve such as educationrequirements, professional experiencewith the criminal justice system). Incorporate and increase communitymember/group involvement at eachstage of the system, including decisionmaking around arrest, detention andsentencing decisions, andreentry/parole support. Encourage community members at thelocal level to help bridge multiple sectorsof the system by (1) pooling local publicand private funding to supportinnovations in the system; (2) engaginglocal actors in redesigning their own jobsto support justice reform; and (3)launching public awareness campaignsabout how sectors in that jurisdiction’ssystem interact and influenceincarceration. Hold system-wide workshops forcriminal justice employees on societal,cultural, and individual factors thatinfluence whether a person engages incrime and how a person might respond tointerventions. Training would beconducted by local service providers whowill work with trainees to develop waysawareness of these factors could beincorporated into daily practice.10

CHANGING THE NARRATIVE ON INCARCERATION AND THE INCARCERATEDLeadership by formerly incarcerated individuals reduces the imbalancebetween the decision makers and those who are being decided upon.Leadership not only empowers the individual who has becomemarginalized by incarceration, but also it brings presence and voice to thosethe public are currently taught to fear.GUIDEPOST 1: People with incarceration histories in leadershippositions Organize individuals withincarceration histories to engage inpolitical action. Develop and disseminate a toolkit forindividuals with incarceration historieson how to engage in policy change,including testifying to legislators. Permit individuals with incarcerationhistories to serve in positions throughoutthe criminal justice system from lawenforcement officers to members ofparole boards. Use individuals with incarcerationhistories as peer mentors for those withcriminal records and as trainers for thosewho work in the criminal justice system.11

The purpose of the public awareness campaign is to establish a sharednarrative, raise awareness, change practices of decision-makers, and openavenues to increase understanding and explore advocacy. Particularattention must be placed on how current criminal justice practices are bothaffected by and drive racial and economic disparities in the United States.GUIDEPOST 2: Public awareness campaign Provide formal education toemployees of the criminal justicesystem (e.g., law enforcement, judges,prosecutors, probation officers) of thebarriers caused by incarceration andthe counterproductive impacts. Create media guides for reportingstories of crime and matters related tothe criminal justice system that curbsensationalism and misinformation;rather, provide critical background andcontext to audiences. Give TED talks and otherpresentations on how current practicesare affected by and drive racial andeconomic disparities. Develop database of successfulpoints/arguments/ rhetoric. Testmessages to see if they work/influence Launch media campaigns targeting thegeneral public using the followingcontent area: personal narratives thatcounteract popular media stigma; directand indirect costs of current practices totaxpayers; bail reform and itsconnections to economic disparities;collateral consequences (i.e., civildisability policymaking); and the role oftrauma.12

For true reform to occur, Americans must rethink, reimagine, and redesignthe criminal justice system. Forums allow for assumptions to be uncovered,beliefs to be challenged, goals to be articulated, and transfers power overnarrative to the public.GUIDEPOST 3: Forums for genuine and critical dialogue Hold town hall forums (inclusive ofcommunity members withincarceration histories) on definingpublic safety, examining theassumptions behind “tough on crime,”dismantling racial assumptions andperceptions of crime, and challengingthe purpose of sentencing. Broker agreements between politicalcandidates to not use support oflegislation as points of attack incampaigns. Organize law enforcement andcommunity meetings that explorepolice department culture, “who” trulyneeds to be incarcerated, how race andclass impacts the way “crime” isassessed, root causes of crime, trauma,and the role of restorative justice. Arrange truth and reconciliation panelsfor community healing. Panels occuraround the country to bring togethervictims of crime, offenders, those who areboth victims and offenders, criminaljustice employees, and other communitymembers to share their stories about howthey have been affected by incarcerationand to look toward a different future. Build interdisciplinary decarcerationcoalitions in two areas: within directpolicymaking stakeholder groups wherelaw and practices are negotiated, andwith external entities including advocacygroups, think tanks, and practitioners.Create bridges across the coalitions.13

A critical aspect of changing the narrative is shifts in policymaking that areconsistent with the “new” narrative. Positive changes in policy help tocounteract stigma and redress maladaptive assumptions.GUIDEPOST 4: Decarceration driven policymaking Include legislative provisions withthe input of individuals and familiesinvolved with the criminal justicesystem and community members withhigh rates of incarceration in decisionmaking of the reinvestment of moneysaved from reduced incarceration. Require jurisdictions that receivefederal funding to reduce mandatory andpermanent restrictions on housing,education, employment, publicassistance, and other civic participationto those that directly threaten publicsafety. Reclassify criminal statutes anddramatically reform sentencingguidelines. Restore voting rights to all withhistories of felony convictions andimprove opportunities for expungement. Propose stringent regulations andoversight of private/ for-profitcorrectional industries, includingprivate prisons and private probation.14

IMPLEMENTING TRANSDISCIPLINARY PRACTICE & POLICY INTERVENTIONSCurrent professionals and advocates came of age during the era of massincarceration. During this time, educational and cultural narratives wereframed within the context of using incarceration as the default response tonot only crime but also public health crises (e.g., the crack-cocaineepidemic, gun violence). As the era of smart decarceration begins,professional and advocacy training must be redesigned.GUIDEPOST 1: Develop decarceration talent Develop decarceration-basededucational and professional productswithin the fields of social work, law,criminal justice, psychology,criminology, public policy, publichealth, medicine, and education.Products include ons, coursework,continuing education opportunities,and modified licensure requirements. Develop talent specifically of those whohave had criminal justice involvement byincreasing postsecondary educationopportunities for people with felonyconvictions, training in policy advocacy,leadership training, and creating moreopportunities to guide research. Integrate research and evidence intodecarceration-based policy and practicework through new forms ofuniversity/community partnerships andeducational offerings.15

Since the turn of the 21st century, more attention has been given to theneed for transitional support for people released from prison and jails.Despite increased funding and attention, access to effectivereentry/transitional programs remains limited.GUIDEPOST 2: Create universal reentry/transitional programs Require all states that receive federalfunding for correctional facilities tocomplete standardized and validdisability, mental health, andsubstance use disorders assessmentson entering and releasing prisoners. Require all states that receive federalfunding for correctional facilities toprovide evidence-driven transitionalservices in the following categories:education, employment, disabilityassistance, housing, mental health,substance use disorders,transportation, and other areas offormal and informal support. Require local and state jurisdictionsthat receive any criminal justice-basedfederal funding to connect inmatesincarcerated for 45 days or more tocommunity-based social and healthservices and health and disabilityinsurance. Periodically assess incarceratedindividuals’ progress and needsthroughout an incarceration experienceto adequately plan for post-incarcerationneeds. Create opportunities for persons guiltyof crime to repair harm, at the individualor community level.16

Civil disability policies are commonly referred to as collateralconsequences. Civil disability policies are those public policies thatpermanently or temporarily deny those with histories of criminal justiceinvolvement access to typical civil resources such as access to certain typesof employment, professional licensure, education and permits, housing,voting rights, and a range of other civic participation.GUIDEPOST 3: Reevaluate and repeal policy driven collateralconsequences Inform all defendants, pre-plea, ofpotential collateral consequencesthrough pre-plea legal consultationand mandatory inclusion of potentialcollateral consequences in presentencing reports. Reduce public access to criminalrecords to mitigate discriminatorydecisions related to social structuressuch as education, employment, andhousing. Eliminate automatic collateralconsequences, such as revocation ofvoting rights or professional licensurerestrictions for persons convicted of afelony. Review collateral consequences byjurisdiction and eliminate those deemedunnecessary for public and personalsafety.17

Enhancing community capacity promotes both prevention and interventionefforts related to criminal justice involvement. The capacity of communitiesto adequately support its residents must be increased.GUIDEPOST 4: Build community capacity for social innovation Generate a range of housingopportunities for those withincarceration histories through (a)Local partnerships for housing thosewith incarceration histories and highhealth needs (b) Correctional housingchoice vouchers (c) Partnershipsbetween criminal justice systemstakeholders and housing developersto design and build affordable housingthat fosters a successful post-releaseenvironment for people reenteringsociety and their loved ones. Create corporate and governmentpartnerships to increase employmentin living wage jobs for formerlyincarcerated individuals, strengthenincentives for employers to hireformerly incarcerated individuals bymaking the hiring part of theircorporate social responsibilityprogram, and educate the businesscommunity in economic and workforcedevelopment strategies. Reinvest savings from decarcerationefforts into building community capacityfor high quality education, stablehousing, family-oriented supports,behavioral health services, healthcare,and asset development as determined bycommunity members. Develop neighborhood crisis centersthat are equipped to provide emergencyshort-term care for those who have lawenforcement contact and are strugglingwith a behavioral health crises, traumaticevents, or urgent financial/housing needsthat may lead to low-level criminalinvolvement (e.g., panhandling,trespassing, loitering charges).18

EMPLOYING EVIDENCE-DRIVEN STRATEGIESThough enormous resources have been needed to support massincarceration, few have been funneled to research on drivers and costs ofincarceration.GUIDEPOST 1: Address gaps in knowledge through research Research drivers of incarceration,including social determinants (e.g.,community factors, concentratedpoverty, access to employment) andindividual determinants (e.g., criminalthinking, trauma). This includesfurther research on decarcerationinnovations’ impact on social andindividual drivers of crime. Conduct cost-benefit analyses onjurisdiction-specific decarcerationinnovations compared to currentincarceration practices on financialand public safety outcomes, driversand use of incarceration from the locallevel up to the federal level, and costsof race and economicdisproportionality. Close gaps in intervention research bydevelopment and widespread use offidelity tools. Examine racial bias in existing risk–need assessment tools. Develop research to better understandresilience and protective factors ofcriminal justice-involved adults. Thisresearch is prevalent among juveniles butlacking among adults.19

Research–practice–policy partnerships will be required. Effectivepartnerships will generate feedback loops in which research evidence isinforming practice delivery and policy innovations; in turn, practitionersand policymakers will affect future research agendas.GUIDEPOST 2: Refine research-practice-policy partnerships Work with diverse stakeholders,including formerly incarceratedindividuals and their loved ones, tocreate a range of intermediateoutcomes that identify “success”beyond recidivism that is meaningfulto researchers, clients, andpractitioners. Form research–practice–policypartnerships that use community- andaction-based participatory research todevelop a broader array of policy andpractice interventions. Facilitate and incentivize research–practice–policy partnerships to enhancethe dissemination and implementation ofevidence-driven programs into practice—and the continual examination of suchpractices. Generate evidence-driven, modellegislation for decarceration reformsthrough active collaboration betweenresearch, practice, and policy entities.20

Lack of uniform data measurement and collection limits the ability to fillgaps in knowledge about current and future approaches.GUIDEPOST 3: Maximize measurement and data collection Develop standardized measures ofrecidivism and other key criminaljustice and behavioral outcomes aswell as race and economic disparities.Create standardized ways of recordingand reporting outcomes. Integrate local, state, and nationaldata sources related to criminal justice,human services, and health carethrough centralized data repositoriesoverseen by transdisciplinaryleadership. Require collection of disaggregated dataat the law enforcement level and developracial profiling policies for lawenforcement. Create mechanisms to expedite theavailability of local, state, and nationaldata to researchers. Collect data on criminal justiceinvolved individuals’ experiences as theymove through and interact with variousaspects of the criminal justice system. Create standards and disclosurerequirements for entities that reportresearch.21

Despite the increased attention to the problems of mass incarceration andthe need for reform, those not directly working with or experiencing thecriminal justice system still have little information on its functions andprocesses. Information needs to be disseminated more frequently and inmore consumab

requires deliberate action. Proponents of smart decarceration recognize the need for clearly articulated areas of targeted intervention—or guideposts—to inform the multifaceted nature of criminal justice reform. An important first step as we enter the era of decarceration is to merg