The correctional orientation of community corrections: Legislative changes in the legally prescribed functions of community corrections 1992–2002

Over the years, the prevailing correctional orientation in the United States has shifted back and forth between punishment and rehabilitation. These changes in correctional ideology are typically marked by differing sentencing practices and changing criminal justice research agendas. On the other hand, how corrections is legally mandated to operate is less understood. In 1993, Johnson, Dunaway, Burton, Marquait, and Cuvelier assessed the legally prescribed functions of community corrections for all 50 states and classified them as either reform or control oriented functions. They concluded the majority of states were primarily reform oriented. In this study, we replicate Johnson et al.’s (1993) methods using the statutes from all 50 states in 2002. However, we classified our findings, as well as recoded Johnson et al.’s (1993) findings, into punishment or rehabilitation functions. We make comparisons between 1992 and 2002 for the purpose of assessing where legally mandated orientation of community corrections stands today on the punishment/rehabilitation debate.     

Assessing the correctional orientation of corrections officers in South Korea

The correctional goal in South Korea has recently changed from the straightforward punishment of inmates to rehabilitation. Currently, emphases are being placed on education, counseling, and other treatment programs. These changes have consequently begun to also change the corrections officers' roles from a purely custodial role to a human service role, in which officers are expected to manage rehabilitation and treatment programs. Despite these changes, few studies have examined the attitudes of corrections officers toward rehabilitation programming. This is an important dimension to examine in rehabilitation programming, as corrections officers play a major role in the delivery of institutional programs. This study examines the attitudes of South Korean corrections officers toward rehabilitation programs. Approximately 430 corrections officers were sampled. Results show that correctional attitudes are largely influenced by not only officers' own motivations for joining corrections but also by institutional factors such as job stress. Policy implications are discussed.     

当代国际行刑领域正在发生的变革

20世纪70年代由于监狱人满为患,重新犯罪率持续不降,很多国家开始在行刑领域进行改革。其基本内容包括:拓宽行刑目的,从矫正目的论发展到矫正、惩罚、帮助罪犯重返社会与剥夺多元目的论;改革监狱管理制度,从实施累进处遇制发展到推行危险管理制度;变革矫正制度,将"传统矫正"制度发展为"项目矫正"。我国需要研究国际社会在行刑领域的行刑变革理论与实践。     

First do no harm: a look at correctional policies and programs today

Objectives

This paper reviews the historical changes in correctional policies and the impact these changes have had on the operations of corrections and correctional programs. Social changes and theoretical perspectives moved corrections away from a focus on rehabilitation to programs characterized by deterrence, incapacitation, and control. Similarly, theoretical criminology encouraged corrections to move away from rehabilitation towards programs designed to provide social opportunities such as employment and housing for offenders. This paper examines whether these changes in policies and programs have been effective in reducing recidivism. The question is: What works in corrections?

Methods

This paper reviews the research examining the impact of correctional policies and programs on the later criminal activities of offenders and delinquents. Research using systematic reviews, meta-analyses, and the Maryland method scores is used to draw conclusions about the effectiveness of various types of programs, management strategies, and policies.

Results

Research demonstrates programs based on deterrence, incapacitation and increased control do not reduce the future criminal activities of offenders and delinquents. Nor have programs targeting social opportunities such as employment and housing been effective in reducing recidivism. The most effective programs target individual-level change in thinking and information processing.

Conclusions

In the search for ways to sanction offenders, U.S. correctional policies and programs using control, deterrence, and incapacitation have harmed individuals and communities. Such programs have not been effective in reducing recidivism. While programs that provide social opportunities for offenders do not necessarily harm offenders neither do they decrease later criminal activities. Effective programs bring about a cognitive transformation in offenders and delinquents. Theorists have begun to develop hypotheses about how and why these transformations are effective. The current emphasis on evidence-based programs, the research evidence on what is effective and the need to reduce the cost of corrections suggest we are on the brink of another paradigm change. Where this will take us is still unclear, but the paradigm will have to address the current problems facing the U.S. correctional systems.     

Organizational Readiness for Change in Correctional and Community Substance Abuse Programs

Significant needs exist for increased and better substance abuse treatment services in our nation's prisons. The TCU Organizational Readiness for Change (ORC) survey has been widely used in community-based treatment programs and evidence is accumulating for relationships between readiness for change and implementation of new clinical practices. Results of organizational surveys of correctional counselors from 12 programs in two states are compared with samples of community-based counselors. Correctional counselors perceived strong needs for new evidence-based practices but, compared to community counselors, reported fewer resources and less favorable organizational climates. These results have important implications for successfully implementing new practices.     

The development,function and future of home furlough programs

Home furloughs are widely recognized as serving valid correctional aims. This was not always the case: when temporary release programs were first established, prevailing penal philosophy emphasized isolation from the community and institutional efforts to achieve inmate reform. It was not until penologists began to address the offender’s post-release adjustment difficulties that temporary release came to be viewed as a valuable aid to offender rehabilitation. Today, the graduation of release that home furloughs can provide make temporary release programs a routine and valuable aspect of correctional programming. Home furloughs can serve a variety of correctional objectives in addition to their principal function of facilitating inmate readjustment to the community. Temporary respites from confinement may humanize the prison experience and promote therapeutic goals. Home visits may act as incentives for good inmate behavior and may serve broader aims than those addressed by more narrowly focused conjugal visiting programs. Finally, observations of the offender’s performance on furlough may assist parole officials in evaluating an offender’s readiness for release. Although the future of temporary release programs is unclear, it appears that the multitude of functions served by home visits will insure their place in correctional programming. However new influences on correctional managers, such as the reforms proposed in the “justice model for corrections,” will undoubtedly modify the administration of temporary release programs and may well lead to some unanticipated consequences for the correctional community.     

Deinstitutionalization and Its Impact on Swedish Corrections

The dominant approach in Swedish corrections is to deinstitutionalize as many offenders as possible. This started in the 1960's when Sweden decided that rehabilitation, and secondarily deterrence, would be the overriding goals of its correctional program. This has remained true despite the statistical evidence indicating that the goal of rehabilitation has not been achieved to any significant extent. The dominant belief in Sweden is that prison is harmful and counterproductive when the overall aim is to reintegrate the offender into society.     

The offender in the community: Implications of the experience in the United States for the new Czech Republic

This paper reviews America's community corrections history in order to draw relevant penal policy implications for the Czech Republic in their transition to democracy. The review reveals the implementation of numerous community-based correctional programs that have resulted in mixed results, at best. The paper concludes that if the Czech Republic is to advance a new and professional, effective penal system, they must address five critical areas: dealing with the Romany underclass, establishing intermediate sanctions, promoting a professional correctional work force, confronting the media coverage of crime, and managing the politics of crime policy. This revised version was published online in July 2006 with corrections to the Cover Date.     

The place of public fear in sentencing and correctional policy

Public opinion about sentencing and correctional issues has emerged in recent decades as a salient topic in criminology. Empirical studies have suggested that the public has dynamic perceptions about these criminal justice issues. Sentencing and correctional policy have become key issues confronting legislators and policymakers, as correctional budgets and public interest in these areas have increased. Despite the focus on public opinion about sentencing and corrections, previous research has largely ignored how the public feels about the role of policymakers regarding these issues, and what influences opinions about whether public fear should be an important consideration in policy decisions. The current study partly replicated the work of Cullen and colleagues by examining perceptions of crime salience, crime causation, goals of the criminal justice system, and attitudes towards imprisonment and rehabilitation. It uniquely examined perceptions about the importance of legislator consideration of a specific determinant, namely, public fear, in decision making about sentencing and correctional policy.     

Community-Based Corrections for Young Offenders: Proposal for a “Localized” Corrections

Recent years have witnessed the exponential growth of community-based corrections programs for young offenders worldwide. Proponents of these programs contend that such initiatives are effective and humane alternatives to incarceration and operate to reduce youthful misbehavior. These assertions, however, have been called into question by empirical research and there is a danger that the ‘panacea’ of community corrections will be replaced by more punitive and less enlightened policies and programs.

It is argued that the potential effectiveness of community-based corrections has been hindered by the manner in which such programs are designed and delivered, and that insufficient attention has been given to the notions of community and community involvement. Several principles of ‘localized’ corrections which would address many of the current deficiencies are outlined. Localized corrections involves communities, rather than government agencies and ministries, assuming primary responsibility for identifying and addressing the needs of youth.     

To Rehabilitate or Not to Rehabilitate

In this article, we review the recommendations on corrections made by the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson in 1967 and compare these with the changes made in U.S. corrections over the past 50 years. Shortly after the Commission completed its report, dramatic changes occurred that impacted correctional policy and practice as support for law and order and correctional control moved corrections far from the Commission's recommendations for rehabilitation. The results of this research demonstrate that these approaches have not solved the nation's crime problems and have imposed hardships on individuals and communities. A current focus on evidence‐based corrections may provide a model for future decision making depending on whether the “times are ripe” for a return to a philosophy of rehabilitation. Any new commission will benefit from the research evidence that points to successful correctional interventions. Yet, there is much that still needs to be studied and learned. A new commission must be aware of and respond to the broader social conditions and beliefs and opinions of policy makers and the public that will influence receptivity to correctional reform. Recommendations should include clear guidelines for how research findings could be used to answer the still unanswered questions about rehabilitation interventions, as well as for how to ensure quality program delivery and public safety.     

The Importance of Ecological Context for Correctional Rehabilitation Programs: Understanding the Micro- and Macro-Level Dimensions of Successful Offender Treatment

The resurgence of support for offender rehabilitation has led to an increased emphasis on correctional program integrity. Treatment programs are now being evaluated and tailored in accordance with the principles of effective intervention, which are rooted primarily in methods of individual behavior modification through a social learning approach. The problem with this exclusive focus on the individual is that it fails to recognize the importance of certain ecological factors that have been shown to be significant predictors of recidivism. The purpose of the current research, therefore, is to examine the impact of structural characteristics on both treatment program quality and effectiveness of halfway house programs in Ohio. Our results reveal that ecological context influences the magnitude of program treatment effects largely indirectly though its influence on program quality. The implications of these findings for correctional theory and practice are discussed.     

Corrections: The state of the art

The failure of the correctional system to rehabilitate the criminal is discussed in terms of the controversy over external and internal issues that has inhibited the establishment of goals. External problems include: (1) the possibility that crime and the criminal serve a purpose in society, (2) the latent functions of correctional functions, and (3) the crime themes that pervade our society. Internal problems include: (1) the absence of a theoretical framework, (2) the lack of negative feedback, and (3) the inappropriate use of the medical model. If the correctional system fails to develop goals for rehabilitation and prevention of recidivism, then political pressures for a punitive justice will prevail.     

CORRECTIONAL POLICY AND PUBLIC VALUES

Since 1960, research on various options in correctional policy has emphasiz ‘two basic dimensions: the offender and the community. Under the assumptions that the community and the offender are not separable concerns and that the community is a complex system with many different and conflicting elements, this study examines public values regarding several popular correctional options. Data obtained demonstrate two normative clusters, one concerned with retribution and one with rehabilitation. Examination of the social status of respondents suggests a complex relationship between community structure and norms concerning correctional programs. Recommendations for further research are outlined, as well as for ways that correctional officials could reduce public resistance to the programs favored by officials.     

Cents and sensibility: A case study of corrections reform in Kansas and Michigan

The analytical framework developed by the “new penology” describes the content of corrections reform as relatively homogenous, largely driven by forces internal to corrections departments. This article examines the ongoing process of penal reform in the correctional systems of Kansas and Michigan over the last decade and argues that the new penology's analytical framework has the potential to obscure the relationship between penal practices and their immediate institutional environment. Using case studies of corrections reform in Kansas and Michigan, this article shows that the nature and scope of reforms in both states were determined not just by internal considerations and adaptations, but by a number of forces operating outside the penal bureaucracy including the interests of external actors, economic crises, and high profile events. These external forces both constrained and encouraged correctional reforms and led to evolving reform rationales that often conflicted with the practices of the new penology.     

Policy implications of private sector involvement in correctional services and programs

The movement toward private sector involvement in our correctional services and programs is growing. Before our focus is turned completely to privatization of these services, it would be prudent to analyze the "policy impact of such change. It is evident that the diverse and incompatible policies guiding the government approach to corrections and the absence of any rational planning to answer public interest goals is costly. Moreover, despite the increasing complexity of problems now confronting public authorities, little change has been made in their approach to resolving them. However, is it realistic to assume that the profit/loss barometer of the private sector can be applied in an area of social problems that are so pluralistic and ill defined? What of the many areas of potential legal concern, that is, vicarious litigation, First Amendment right of prisoners, and so forth? These are all areas that need to be researched so that any judgements or decisions made will be sound.     

The Rhetoric and Practice of Community Corrections in China

Over the last decade, community corrections in China has operated as an intermediate sanction in response to a growing prison population. Official policy describes this punishment as an alternative to prison, focusing on risk assessment, correctional treatment, and cognitive-behavioral therapies that have been adopted in a number of Western countries. Based on interviews with community corrections officials in Shanghai, this article examines the rhetorical and practical characteristics of this new punishment and, more specifically, considers the consistencies and discrepancies between official policy and its practical implementation. It argues that, despite official policy, community corrections in China is underpinned by intensive correctional supervision that is premised on control, surveillance, and education.     

Finland's penal colonies: The forbearant model and community-based corrections

Community-based corrections is widely heralded as the proper basis for future penal administration. Penal colonies of Finland are employed in this paper to relate changes in society at large to innovation in corrections. The penal colonies were the indirect result of the postwar crisis in Finland and changes brought by industrialization and urbanization. Unprecedented opportunities for solving problems of conventional administration motivated officials to introduce penal colonies as a means of accomodating prisons to the new expectations being imposed on correctional work. The forbearant model is proposed as a hesitant and primitive reaction to pressures to bring corrections into conformity with the trends shaping society at large. This model is useful in analyses of the American movement toward community-based corrections.     

Absent correctional staff: A discussion of the issue and recommendations for future research

Employee absenteeism is a costly and disruptive event. While researchers in the organizational sciences have studied worker absenteeism extensively, this topic has received little attention in the correctional field. This paper presents a framework for the study of correctional staff absenteeism which includes a discussion of issues pertaining to the definition, nature, extent, and measurement of absenteeism. Furthermore, future research should examine occupational stress, gender, age, health, job satisfaction, organizational commitment, and the existence of an absenteeism climate or culture as potential causes of correctional staff absenteeism. Finally, there is a need to examine the effectiveness of absenteeism reduction programs.     

Assessing the Status of Gender-Specific Programs through the Lens of Juvenile Justice Staff

The gender-specific approach for working with offenders gained momentum during the 1990s and has since been largely accepted by academics and practitioners. Despite numerous studies demonstrating a need for gender-responsive programs and policies within both adult and juvenile correctional systems, scant research has explored whether these services are meeting the intended goals. The current study addresses this through a qualitative analysis of 1 county juvenile court using in-depth interviews with staff. Findings reveal that in spite of the court's efforts to incorporate a gender-responsive approach, much work still remains regarding training staff and meeting girls' needs. Staff identified critical gaps in services and continued to perpetuate gendered norms and stereotypes. Included is a discussion as to why it has been difficult to effectively implement gender-specific programs.