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INTERMITTENT INCARCERATION.
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Origins, goals & effectiveness of alternatives to full-time incarceration. Public support, costs, types (weekend or night jail-time, halfway houses), eligibility, impact on recidivism.... More...
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Paper Abstract:
Origins, goals & effectiveness of alternatives to full-time incarceration. Public support, costs, types (weekend or night jail-time, halfway houses), eligibility, impact on recidivism.
Paper Introduction:
INTERMITTENT INCARCERATION
This research paper examines the origins and reasons for the use of intermittent incarceration of convicted criminals on probation in the United States and elsewhere, how and when it is used, the results gained from experience with it, other pros and cons and prospects for its future use.
Origins and Rationale for the Use of Intermittent Incarceration
Morris & Tonry (1990) define intermittent incarceration as "a method of allowing the offender to serve an incarcerative sentence without having to disrupt his employment and family ties as does a longer single period of jail or prison" (p. 218). They say it is employed "for incapacitative purposes and training for conformity" (p. 178).
Intermittent incarceration in the form of halfway houses
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Clayton, 588 F.2d 1288 (9th Cir., 1979). By the early 199 s,Pearson (1997) says the cost of maintaining inmates in some state prisonsreached $35, per annum and the cost of constructing a single prison cellwas approaching $7 , (p. By the late 198 s, public interest in alternatives to full-timeimprisonment attracted renewed interest largely because of the overcrowdedcondition of the nation's prisons, the high cost of imprisonment and theinadequacies of the traditional probation system. Alternative incarceration: Aninevitable response to institutional overcrowding. 26).However, the Department of Justice was permitted to give grants to fundsuch activities for youthful criminal offenders. p. (199 , May). The moretraditional programs involve community correction residential and detentioncenters and the other more innovative approach weekend or night jail time.For example, in Columbia and Spartanburg, South Carolina, "offenderssentenced to pay restitution to their victims are required to live insecure residences from which they are bused to work each day to privatesector jobs" (Anderson, 1998, p. Futurist, pp. Stephens, G. Friday, & K. . Anderson (1998) concludes that "when alternative sanctions are givenresources they need and are allowed to work, they easily prove their value,taking pressure off jails or prisons . As crime rates rose sharply in the 198 s, greaterstress was placed on more vigorous law enforcement, the adoption ofmandatory minimum sentencing laws for violent crimes, sex crimes and drug-related crimes (in 49 states and the federal government), longer sentencesunder three strikes laws for serious repeat felony offenders (in more than25 states, the federal government and D.C.) and truth in sentencing(requiring prisoners to serve out most of their sentences). California Penal Code, sec. Pearson (1997) says that weekend and night sentencing "is usuallyreserved for misdemeanants" (p. 25). Byrne, J. (1987, 2 February). Because of the requirements of the 1987 Federal SentencingGuidelines, "nearly three-quarters of offenders sentenced in federaldistrict court receive terms of imprisonment" and judges have littlediscretion "to impose alternative punishments on offenders other than first-time, non-violent offenders" (Alternatives, 1998, May, p. Sensible justice alternatives to prison. According to Koehler (1992,September) "alternative incarceration programs are designed for offenderswho do not require the total controls of incarceration, but for whomprobation services pose too high a risk to public safety or one notpunitive enough to satisfy the nature of the crime" (p. Pattavina. J., P. 1-3). 1-5).Internet: http.//www.jmk.su.se/jmk/eurorep/42.hmtl. The primary goal then was to improve the rehabilitation ofconvicted criminals, prisons being perceived by many, said British HomeSecretary David Waddington as "an expensive way of making bad peopleworse," (Alternatives, 1998, May, p. Futurist, 27, 34-37. .." (p. The European experience. 3355 Violent Crime Control andLaw Enforcement Act of 1994 (1994, 1 August). Travis. 7). (199 , June). Considering the alternatives. In Fiscal Year 2 , $35million was allocated nationwide to all such alternative programs foryouthful offenders, a paltry sum in comparison with the magnitude of theproblems (FY, 16 April 1999, pp. It is unclear whether sufficient publicsupport exists for trying such programs, including intermittentincarceration, on a large scale. C. 1867). J., & L. Clayton, 588 F.2d 1288 (9th Cir. Tonry. Hutchinson, A. 5 5). 2 ). In J. References Alternatives to incarceration. 1874). Weekend lock-ins. halfway home placements were rare" (p. However, Morris & Tonry (199 ) saythat such sentences are "increasingly popular" and are used for nonviolentfelons (p. Intermittent incarceration is used in connectionwith efforts to deal with special categories of offenders such as non-violent sex offenders (such as voyeurs), alcoholics, drug addicts and womenoffenders. R. (pp. Harvard Law Review, 111,1863-199 . 168). An estimated95 to 98 percent of all funds spent after conviction by the administrativearms of the criminal justice system go to defray jail and prison costs,leaving very little for alternative programs (Kroll, 1986, September, p.28; Pearson, 1997, p. Between prison and probation. 1(2)(d). (1998). 5). Umbrecht, M. . Because of Republican opposition, all funds foralternatives to imprisonment experiments were stripped from the 1994federal crime bill, the Violent Crime Control and Law Enforcement Act(Conference, 1994, 1 August, p. Washington Monthly,3 , 2 -3 .----------------------- 11 (1992, September). Between 1985 and 1995, the nation's incarcerated population grew121 percent while the capacity of prisons and jails rose only 84 percent,resulting in serious overcrowding. 6 -61. 261). (1996, August). Reduction of recidivism. (1993, July-August). (1987, July-August). The law generally is that since probation is a privilege not aright, it can be conditioned in any way a court sees fit; however, the useof intermittent incarceration cannot be constitutionally used to forceanyone to work against their will because of the 13th Amendment'sstrictures against involuntary servitude; and therefore, criminaldefendants are given their choice between serving a full prison term andone of the alternatives. However, the decision-making power as to whether to use itresides not in federal judges but rather the Department of Justice. 132). Leone, B. In B.Leone (Ed.), America's prisons opposing viewpoints. (199 ). Origins and Rationale for the Use of Intermittent Incarceration Morris & Tonry (199 ) define intermittent incarceration as "a methodof allowing the offender to serve an incarcerative sentence without havingto disrupt his employment and family ties as does a longer single period ofjail or prison" (p. Expanding the use of non-custodialsentencing options: An evaluation of the Kansas Community Corrections Act.Howard Journal of Criminal Justice, 29, 114-129. Minor. 25). 1979). The composition of the prison populationalso changed, reflecting largely increased numbers of people incarceratedon non-violent drug-related charges. (1994, November, p. (1992). 1867). A. 178). J. CaliforniaLawyer, 6, 27-32. In 1995, drug offenses accounted for22.7 percent of inmates (Alternatives, 1998, May, p. 162). NewYork: Oxford University Press. UnitedStates v. In J. Some jurisdictions use both types of programs, others only one.Scandinavian countries, such as Denmark, Finland and Sweden, pioneered inthe use of both (Umbrecht, 199 , June, p. If not jail, then what? 285 and 288; and New York PenalLaw, sec. Prior to 195 ,probation had been available mostly for misdemeanants; but Koehler (1992,September) says that "in the last two decades, . Community correctional facilitiesnear prisons in seven centers in California offer a variety of services towomen inmates during the day, such as parenting classes, drug treatment,job training and other educational programs (Alternatives, 1998, May, p.1927). According to them, none of these measures"function in isolation from each other;" and they are often are used byjudges, probation officers or others in various combinations (p. New York Penal Law, sec. FY 2 budget request highlights. Intermittent incarceration in the form of halfway houses used totransist paroled convicts on their way back to society dates back to themid-19th century in the United States and Great Britain. Hartmann et al. Other studies have suggestedthat recidivism rates in well-managed programs decline, sometimesdramatically. In the other type of program, Pearson(1997) says that "an offender . Economist, 26. According to Leone (1997), a 1994 study of state prisoners inColorado, North Carolina, Ohio and Virginia showed the followingcomparative costs per inmate per annum: prison ($17,794), jail ($14,363)and halfway house ($12,494). Admission to intermittent incarceration programs is limited to afraction of convicted criminals who are eligible to be granted probation.This leaves out offenders who commit offenses which involve violence, thecarrying of dangerous weapons, child abuse and, in some jurisdictions, drug-dealing. 1985). Federal Probation, 44, 24-28. (1997). (pp. Lurigio, & J. Getting another chance. (1986, September). 7). 144). Americans remain content with their prisonsystem, perhaps because, as Joutsen (1998, September) suggests, "personsplaced in prison no longer exist for society, [which] loses interest intheir fate" (p. United States v. A. 18). (Ed.). Why have alternatives not been adoptedmore fully and what needs to be done? Overall program philosophy. Internet:http.//www.cjcentral.com/crimebil.txt. If the program participant succeedsunder less confining sanctions, he can progress to regular probation, butif he fails, increasingly more rigorous sanctions, including intermittentincarceration, home detention and finally return to full time imprisonment,follow. pp. Making criminals pay. The rise in the prison population overwhelmed the probation system.The numbers of convicted persons on probation rose from 7 , in 1985 to3.1 million in 1995 (Alternatives, 1998, May, p. . J. The Harvard Law Review stated in 1998: "thedominant mode of punishment between the 186 s and the 199 s has beenimprisonment, and public enthusiasm for the prison is both enduring andwidespread" (Alternative, 1998, May, p. Byrne, A. Lurigio, & J. Newbury Park, CA: SagePublications. Sometimes judges and sometimes state or county corrections officialshave the final say as to the availability of intermittent incarceration.Twelve jurisdictions, eleven states plus the District of Columbia, permitjudges to enter split sentences, a term of imprisonment plus probation onterms set by the judge, which can include intermittent incarceration. According to Lacayo (1987),the practice in Indiana is to send the offender to prison first and then toa halfway house during the last half of his sentence (p. 1(2)(d). America's prisons opposing viewpoints. J. 175). Petersilia (Eds.), Smartsentencing the emergence of intermediate sanctions. Its future is uncertain because of limited public interestin alternatives and because technological developments such as electronicmonitoring may make it a less attractive alternative. 2 ). Crime and punishment forces shapingthe future. Formany drug addicts, repeat offenders, sex offenders and more violentcriminals, even some first time offenders, some form of detention orincarceration was called for both to satisfy the public's demand forretribution and to ensure public safety. They are kept in secure facilities and then released fortreatment under controlled conditions. 1881 and 1927). [and] "make rational useof costly resources" (p. 34). 189 ). J. In the United States, the goals of retribution andincapacitation prevail. (pp. Weekend sentencing isstill utilized. Conference Report to accompany H. (1992). Petersilia (Eds.). (1997). . INTERMITTENT INCARCERATION This research paper examines the origins and reasons for the use ofintermittent incarceration of convicted criminals on probation in theUnited States and elsewhere, how and when it is used, the results gainedfrom experience with it, other pros and cons and prospects for its futureuse. . In California, although judges' opinions areentitled to great weight, the final decisions on the assignment ofprobationers given intermittent incarceration orders to work releaseprograms are made by county corrections officials, California Penal Code,sec. Summary of Pros and Cons Overall, Morris & Tonry (199 ) said that "to our knowledge there areno methodologically satisfactory studies of the comparative advantages anddisadvantages of intermittent imprisonment; in theory, it makes sense . Formany types of non-violent, non-repeat offenders it together with otheralternative or intermediate sanctions offer a way out from the viciouscycle of recidivism and high costs associated with the current overrelianceon imprisonment. Time,pp. The New YorkCommunity Service and Court Employment Projects have programs which permitthe use of halfway houses and other specialized facilities to treat drugoffenders (If, 1995, 4 December, p. Latessa, E. (pp. 14). 6 . 12 8. Intermittent incarceration involves a measure of detention, but isnot as harsh as, for example, sending a convicted person to full time bootcamp or placing him or her under full time house arrest. 1881). . Lurigio, & J. Kroll, M. The rationale behind the use ofintermittent incarceration varies. R. Federal Probation, 56,12-18. 114; Leone, 1997, p. "they grant courts new flexibility tofashion sentences for individual offenders . Anderson, D. . Byrne, J. (1998, December). The effectiveness issue:Assessing what works in the adult community corrections system. Hartmann, D. 2). Women, manyincarcerated on drug charges, accounted for 7.3 percent of all inmates,compared with 5.5 percent in 1985, an absolute increase of 423, (Alternatives, 1998, May, pp. Klein-Saffran, J. It is one of many forms of intermediatepunishment which Morris & Tonry say "encompass a wide diversity ofcommunity-based treatments and controls of the convicted offender, rangingfrom house arrests to halfway houses to intensive probation with conditionsof treatment or control" (p. The development of intermediate punishmentsat the federal level. By 199 , only17, 79 out of 698,87 inmates in state prisons and jails participated inalternatives to imprisonment and straight probation (Leone, 1997, p. Actual Experience (a) Types of Programs. By 1996, 1,63 , people were behind bars in state and federalprisons and jails, compared with 75 , in 1985 (Alternatives, 1998, May,p. A. (1995, 4 December). 219). According to Anderson (1998), spending onstate prisons rose from $3.4 billion in 198 to $15.7 billion in 1992 (p.1 ). (1999, 16 April). 218). Worth, R. In the longer run, Stephens (1993, July-August) arguesthat rationality will win out. M., & A. According to Lacayo (1987, 2February), "perhaps half of the inmate population need not be incarceratedat all" (p. (1992). 134-144). (pp. we have witnessed adramatic increase in the number of felons placed under supervision,including those who commit violent crimes" (p. Winkler, M. spends from Friday night or Saturdaymorning to Sunday night or Monday morning locked up, but during the rest ofthe week he is a community resident" (p. Newbury Park, CA: SagePublications. NewburyPark, CA: Sage Publications. 281-3 3). 166-181). However, Latessa &Travis (1992) say that until the 197 s, "for typical criminal offenders, .. Lurigio, & J. 4-5). Byrne, A. Community correctionalprograms. Danish use of prisons and communityalternatives. (pp. Petersilia (Eds.), Smart sentencing theemergence of intermediate sanctions (pp. 6 ). Lacayo, R. Umbrecht (199 , June) says "in Denmark 25% of allprisoners serve less than three months in prison while 56% serve four totwelve months" (p. Conclusion The use of intermittent incarceration is in embryonic stage in theUnited States despite a quarter century of experimentation with it. Two basic types of intermittent incarcerationprograms are used to handle probationers with many variations. . In England, halfway houseshave been in use since the 197 s; however, only recently the Home Secretaryin England and Parliament have had under consideration a proposal thatweekend imprisonment be used for probationers who committed drunk drivingand petty offenses against property and common assault (Hutchinson, 1996,August, p. It is more severethan sanctions such as intensive probationary supervision or reportingdaily to a probation officer. . He says that for non-dangerous criminals,"pragmatic penalties --restitution, community service, electronicprotection, weekend jail-- would be substituted for retributive/deterrentimprisonment" (p. For many convicted of offenses, such as drunk driving and pettycrimes against property, alternative forms of punishment which do notinvolve any form of incarceration or detention, such as fines, communityservice, restitution to victims and other non-monetary penalties, such asshaming sentences (for example, the New York slumlord sentenced to live inone of his inadequately maintained tenements for the winter) were adequate.Even for that population, fines were often a joke. Koehler, R. Pearson, C. 29; and If, 1995, 4 December, p. In one of the oldest such programs inthe United States at the Griffin Diversion Center in Griffin, Georgia,established in 197 , Leone (1997) says "residents work eight hours a day,take care of all the Center's maintenance, perform community service onweekends, attend classes or counselling sessions in the evenings and submitto regular drug testing" (p. 137). 5 3) say that the MichiganOffice of Community Corrections offers a special detention center programfor young adults convicted of nonviolent felonies "a highly structured andresidential experience in hopes of curbing recidivism" (p. According to Anderson (1998), a relatively successful programin Maricopa County, Arizona, begun in 1989 relies on a carefully designedladder or "range of [14] sanctions more demanding than probation but lessconfining than prison" (pp. 142). 132). They say it is employed "for incapacitativepurposes and training for conformity" (p. After an initial flush of enthusiasm, public support for suchalternatives waned. Time served during community service or various in-house counselling treatment and educational programs is generally offsetagainst sentences and probationees are given the further incentive in manyjurisdictions that their sentences will be shortened if they successfullycomplete the programs. Cost. F. 1-21).Internet: http.//www.usdoj.gov/jmd/2 -budget/index.html. 143-144). 6 . Criteria for eligibility and decision-making authority.Admission to intermittent incarceration as well as other alternativesentencing programs is limited because of inadequate funding. 261-28 ). Many first offenders are droppedfrom prosecution if they agree to undergo drug treatment. (1998, May). Jones, P. Walking prisons: The developingtechnology of electronic controls. Alternative sentencing has not succeeded. Morris, N., & M. In Scandinavia, the primary motivationremains rehabilitation. (1992) Smartsentencing the emergence of intermediate sanctions. They, renamed as communitycorrection residential centers, came into vogue as a result of thecommunity corrections movements of the 196 s. For such offenders, what is neededin many cases is not merely an alternative to imprisonment but analternative form of punishment and detention. The President's Commission onCrime and Administration of Justice (1967) provided impetus to the movementto provide alternatives to imprisonment by placing "increasing emphasis onthe role of the community in corrections, and on the value of keepingoffenders in the community, rather than in prison" (Latessa & Travis, 1992,p. (1995, September). C. Since1987, Klein-Saffran (1992) says that the use of halfway houses for federaloffenders has declined because such punishments "are no longer availablefor use, even among nonviolent offenders" (p. . 12 8. Joutsen, M. Special programs. 16 ). Seethe table in Byrne & Pattavina, 1992, pp. 1-414. they give offenders the chanceto turn their lives around" . . NewYork: New Press. SanDiego: Greenhaven Press. SanDiego: Greenhaven Press. Technology advances suggest that electronicdetention at home through the use of a battery-powered electronic braceletor anklet is much less costly and accomplishes almost as much asintermittent incarceration (although it does not have the shock andexpressive effects of jail or prison stays, even short-term ones). In J. 6 ). I. 14 ). 219). 1). Petersilia(Eds.), Smart sentencing the emergence of intermediate sanctions. Latessa & Travis (1992) studied 132probationers at three halfway houses in 1983 and compared their arrestrates over seven years after they completed their programs with regularprobationers and concluded that "the halfway house group did no better andno worse than the probation sample" (p. Internet:http.//www.jmk.su.se/jmk/eurorep/42.html. 18-23. 26). A.Byrne, A. 142). Winkler(1993, July-August) estimates the cost of electronic monitoring controls asonly $8 a day (p. (1994, November).Residential probation: A seven year study of halfway house discharges.Journal of Criminal Justice, 22, 5 3-516. Newbury Park, CA: Sage Publications. Beginning in 1966 led by Minnesota, Wisconsin, California and Kansas,25 states passed community corrections laws and made funds available forimproved probation programs, including a plethora of alternative facilitiesfor handling prisoners on probation outside of full time incarceration(Jones, 199 , May, p. M., A. J. When not combined withmore severe sanctions, Worth (1998, December) says that Morris County, NewJersey was able to collect only $.1 on the dollar of fines (p. Intermittent incarceration is cheaper than full-timeimprisonment.
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