Drug use and criminal activity among rural probationers with DUI histories

The present study examined whether ever being arrested for driving under the influence (DUI) was associated with higher levels of substance use and criminal activity in a sample of 800 probationers. Lifetime and 30-day histories of substance use and criminal activity were compared across three groups of probationers from rural Kentucky: those with a single DUI arrest, those with two or more DUI arrests, and those with no DUI arrests. A larger percentage of probationers with a DUI arrest reported lifetime and 30-day substance use than non-DUI offenders in almost all drug and alcohol categories. Higher prevalence of criminal activity was limited primarily to the multiple DUI arrest group. Findings add to the literature on rural substance abusers and indicate that DUI may be used as a marker to help identify opportunities for targeted substance abuse interventions.     

Toward a criminal justice epidemiology: Behavioral and physical health of probationers and parolees in the United States

Objective

This study explicitly articulates a criminal justice epidemiology by examining the behavioral and physical health of probationers and parolees derived from a nationally representative sample of adults in the United States.

Methods

Using public-use data from the 2009 National Survey on Drug Use and Health (NSDUH), this study employed binary logistic regression with adjustments for complex survey sampling and compared probationers and parolees to the general population with respect to past-year substance use, risk perception, treatment experiences, and health.

Results

After controlling for the effects of age, gender, race, income, and education probationers and parolees are far more likely to report using alcohol and drugs in the past year, have reduced risk perception, and are far more likely to have had some kind of treatment for substance abuse or dependence. Probationers and parolees are also significantly more likely to experience anxiety and depression, asthma, and sexually transmitted diseases.

Conclusions

This criminal justice epidemiology study indicates that the behavioral health of probationers and parolees hamper efforts to increase public safety goals. Forging closer ties between criminal justice and public health systems is necessary to reach these goals.     

Designing Programming and Interventions for Women in the Criminal Justice System

Women are the fastest growing segment of the criminal justice population, yet the majority of research on criminal justice populations has been focused on men. Programming and interventions that reduce women’s involvement in the criminal justice system and ameliorate the negative consequences associated with criminal justice involvement are urgently needed. The overall aim of this paper is to provide a comprehensive framework for developing evidence-based, gender-specific programming and interventions to reduce criminal justice involvement and its associated consequences among women in the criminal justice system. The first section of the paper offers a conceptually guided review of the three primary factors that facilitate and complicate women’s involvement in the criminal justice system: victimization; mental disorders; and substance use. In the second section of the paper, findings from focus groups conducted with women on probation or parole identify strategies to engage this population in psychosocial interventions. The third and final section of the paper provides comprehensive recommendations for designing programming and interventions for women in the criminal justice system.     

Expressed needs and behavioral risk factors of HIV-positive inmates

Considerable research has found inmates to be at high risk for HIV/AIDS. Furthermore, research has shown additional HIV/AIDS threats faced by females in the general population and especially by those incarcerated. Behavioral interventions and educational programs have been developed based on these studies. However, few empirical studies have examined the self-expressed needs of HIV-positive inmates or the degree to which inmates' needs are gender specific. This pilot study compares the needs of HIV-positive male and female jail detainees. Results illustrate surprisingly few differences between men and women and their HIV-related needs. The primary need identified for both males and females was postrelease housing. Somewhat unexpectedly, HIV treatment and care ranked low on the list of needs. The implications of these finds are discussed.     

Are effective drug courts an urban phenomenon?: considering their impact on recidivism among a nonmetropolitan adult sample in Washington State

Drug courts represent a significant development in criminal justice during the past 15 years, and a small but growing literature suggests they are effective in reducing drug use and criminal behavior. Most of these studies evaluate the effects of drug courts in urban areas, however. This study adds to this literature by considering the effects of this intermediate sanction among adult offenders in a small, nonmetropolitan county of northwest Washington. Using a retrospective comparison group of matched control participants, these results show that the prevalence and incidence of rearrest is significantly lower among drug court graduates than probationers. These differences in recidivism persist even when the age, race, gender, and number of days at risk in the community are statistically controlled. Among those who did recidivate, drug court graduates did not significantly differ from controls in duration to first arrest and arrest incidence. Policy implications are discussed.     

Probation absconders: A unique risk group?

While examination of probation violations is common in the literature, probationers who abscond from community supervision have rarely been examined. These violators are circumventing justice and may pose a serious risk to public safety. This article compares the characteristics of absconders to those of offenders who successfully completed probation and offenders revoked from probation because of other violations. Absconders and revoked probationers generally presented the least favorable risk profiles, but did not differ significantly from one another on probation conditions, “stakes in conformity,” or prior felonies—although revoked probationers had more misdemeanors and a younger age of onset for officially recorded crime. Combined with the violation behaviors of absconders while on probation, these similarities suggest a strong chance of being revoked to prison had absconders remained under supervision. Employment, recorded address changes, and lower supervision burden on offenders were among the best predictors of successfully completing probation versus absconding.     

Stopping the revolving door: a meta-analysis on the effectiveness of interventions for criminally involved individuals with major mental disorders

Faced with high and increasing rates of mental disorder within the criminal justice system (CJS), a range of interventions have been implemented in an effort to prevent continued involvement in criminal activities among this population. A meta-analytic review was undertaken to consider the effectiveness of interventions for criminally involved adults with a mental disorder targeting either improved criminal justice or mental health outcomes. Furthermore, characteristics that were hypothesized to predict better outcomes were examined. Studies that considered sex offender interventions, or focused solely on antisocial personality, intellectual and cognitive, or substance use disorders were excluded. Results assuming a fixed-effects model combining 37 effect sizes from 25 studies (N = 15,678) support the effectiveness of these interventions in terms of reductions in any CJS involvement (d = 0.19 excluding one outlier). Interventions had no significant effect on an aggregate mental health outcome (d = 0.00). However, when considering distinct mental health outcomes, intervention participants had significantly better functioning (d = 0.20) and fewer symptoms (d = 0.12). There were no significant effects of the interventions on mental health service or medication use. Moderator analyses identified seven sample, intervention, and design characteristics that were related to the magnitude of the effect sizes for criminal justice outcomes, and suggest implications for service provision, policy, and research. Results suggested some relationship between intervention effects on mental health and criminal justice reinvolvement, although future research is needed in this area, especially given the absence of mental health outcome data in many studies.     

Criminalizing Health-Related Behaviors Dangerous to Others? Disease Transmission, Transmission-Facilitation, and the Importance of Trust

Statutes criminalizing behavior that risks transmission of HIV/AIDS exemplify use of the criminal law against individuals who are victims of infectious disease. These statutes, despite their frequency, are misguided in terms of the goals of the criminal law and the public health aim of reducing overall burdens of disease, for at least three important reasons. First, they identify individual offenders for punishment, a paradigm that is misplaced in the most typical contexts of transmission of infectious disease and even for HIV/AIDS, despite claims of AIDS exceptionalism. Second, although there are examples of individuals who transmit infectious disease in a manner that fits the criminal law paradigm of identification of individual offenders for deterrence or retribution, these examples are limited and can be accommodated by existing criminal laws not devoted specifically to infectious disease. Third, and most importantly, the current criminal laws regarding HIV/AIDS, like many other criminal laws applied to infectious disease transmission, have been misguided in focusing on punishment of the diseased individual as a wrongful transmitter. Instead of individual offenders, activities that enhance the scale of disease transmission—behaviors that might be characterized as ‘transmission facilitation’—are a more appropriate target for the criminal law. Examples are trafficking in human beings (including sex trafficking, organ trafficking, and labor trafficking), suppression of information about the emergence of infection in circumstances in which there is a legally established obligation to disclose, and intentional or reckless activities to discourage disease treatment or prevention. Difficulties remain with justifications for criminalizing even these behaviors, however, most importantly the need for trust in reducing overall burdens of disease, problems in identifying individual responsible offenders, and potential misalignment between static criminal law and the changing nature of infectious disease.     

Violence risk and gang affiliation in youth offenders: a recidivism study

Abstract

Youth gangs are ubiquitous around the world and have been problematic for the social and criminal justice agencies. Despite widespread public concern, there has been relatively scarce empirical scrutiny of youth gangs internationally and little outside of America and Europe. In particular, the activities of youth gangs, the function of gang membership, the criminogenic needs of gang-affiliated youth, and the risk of criminal recidivism for gang-affiliated youth remain unclear. Against this background, this study explored the sociodemographic characteristics, risk and rate of criminal recidivism in a cohort of 165 male youth offenders in Singapore, of which 58 were gang-affiliated. Multivariate analyses revealed that gang-affiliated youth offenders were significantly more likely to have histories of substance use, weapon use and violence than nongang-affiliated youth offenders. Gang-affiliated offenders also scored higher on measures of risk for recidivism (SAVRY and YLS/CMI), and engaged in violent and other criminal behaviors more frequently during follow-up. These differences indicate a significant relationship between gang affiliation and criminal recidivism in youth offenders. Furthermore, these findings have important clinical and policy implications, indicating an increased requirement for additional and more intensive assessment and tailored interventions for gang-affiliated youth offenders.     

Probation Officers’ Perceptions of Supervising Probationers with Mental Illness in Rural and Urban Settings

As part of a larger study of probation workload and workforce challenges in one southeastern state, this study reports the results from a statewide survey of probation officers’ experiences supervising probationers with mental illness. A total of 615 officers responded to closed- and open-ended questions about the challenges and barriers to supervising offenders with mental illness, and the responses of officers from rural versus urban settings were compared. Officers reported that probationers with mental illness are difficult to supervise and supervision challenges are exacerbated by a scarcity of mental health and substance abuse treatment resources, limited social support, and a lack of employment opportunities for this population of probationers. Officers report unique and similar challenges across rural and urban settings. This study contributes to our understanding of the challenges of supervising probationers with mental illness and informs practice, policy and research at the interface of the criminal justice and mental health systems.     

Maximizing order or harm? Arrests among a social network of people who inject drugs in a large urban city

Encountering the criminal justice system at the first point of entry---an arrest---is associated with heightened HIV and Hepatitis risk behavior among people who inject drugs (PWIDS). Intervening structurally through the criminal justice system impacts public health; therefore, determining arrest patterns is an important tool for risk reduction. Among a sample of 740 PWIDs, and their social network members recruited from predominantly African-American neighborhoods in Baltimore City, a third were recently arrested in the previous six months, and of those, the arrests were disproportionately African-American persons and characterized as nonviolent, i.e., drug possession/attempt to purchase (38%) and loitering (29%). Poisson regression models were built adjusted for age, sex, race, education level, homelessness, and monthly income after exploring bivariable characteristics of arrests using chi-squared tests. Active drug use was associated with a recent arrest (adjusted prevalence ratio: aPR 2.38 95% CI 1.6, 3.6), in addition to participants who recently reported attending a syringe exchange program (aPR 1.45 95% CI 1.1, 2.0). Our findings are suggestive of recent media coverage and burgeoning research revealing the prioritization of policing resources toward both communities of color and neighborhoods of intensified drug trafficking. Further research is warranted to contextualize the operationalization of criminal justice resources and the impact on community health.     

Envisioning the next generation of behavioral health and criminal justice interventions

The purpose of this paper is to cast a vision for the next generation of behavioral health and criminal justice interventions for persons with serious mental illnesses in the criminal justice system. The limitations of first generation interventions, including their primary focus on mental health treatment connection, are discussed. A person–place framework for understanding the complex factors that contribute to criminal justice involvement for this population is presented. We discuss practice and research recommendations for building more effective interventions to address both criminal justice and mental health outcomes.     

Criminal law and HIV/AIDS: strategic considerations

Richard Elliott's paper on criminal law and HIV/AIDS, an edited and updated version of his presentation at "Putting Third First," sets out five guiding principles for criminal law policy and HIV/AIDS; briefly outlines the rationales for criminalization; discusses three strategic legal questions regarding the criminalization of HIV transmission/exposure; and offers a number of recommendations for consideration of those needing to articulate a well-considered perspective on the ethical, legal, human rights, and public health dimensions of the criminalization of HIV transmission/exposure.     

Today was not a good day: offender accounts of the incidents that led to their admission to drug court

One method that has been touted to help end mass incarceration is using intermediate sanctions. While intermediate sanctions often present as attractive options, there is evidence that as practiced, these sanctions often result in net widening. One of the most common forms of intermediate sanctions are drug courts, which are often viewed as progressive alternatives to locking up people with substance abuse problems. However, along with the dangers of net widening, scholars have shown that many people admitted to drug courts do not seem to have substance abuse problems and could benefit from lesser criminal justice interventions. In the current study, we analyzed intake data from a drug court to determine: (1) what charge(s) drug participants had and (2) how they became involved with the criminal justice system. Among important findings were that a large number of drug court participants were arrested for the possession of one drug only (often marijuana) and that more than half of participants came to the attention of the criminal justice system through a traffic stop rather than through repeated encounters with the criminal justice system.     

Probation system in Turkey: an analysis of a public policy formation using multiple streams framework

Turkey initiated a major reform in its criminal justice system in 2005 and a probation system was officially created. This article analyses the probation policy formation, and development processes in Turkey using a multiple streams framework (MSF), as theorised by John Kingdon. Qualitative method is employed through archival records, governmental documents, and semi-structured interviews with key actors. Findings suggest that MSF explains the evolution of the probation system, which emerged in a critical time. However, although the probation system was set up to overcome the increasing prison population and alternative to incarceration, the number of prisoners and probationers have increased significantly. Today, Turkey has been ranked one of the largest prison population in the world. It is concluded that the penal policy has led to unintended consequences, and the penal system including probation practices has been dramatically politicised by the government.     

The drugs-violence nexus among rural felony probationers

Little research has focused on the drugs-violence nexus in rural areas. As such, the purpose of this study is to use Goldstein's tripartite conceptual framework to examine the relationship between drugs and violence among felony probationers in rural Appalachian Kentucky (n = 799). Data on demographics, substance use criminal history, and violence were collected between 2001 and 2004 using an interviewer-administered questionnaire. Rural probationers are partitioned into four groups based on lifetime violent victimization/perpetration experiences: (a) neither a perpetrator nor a victim, (b) perpetrator only, (c) victim only, and (d) both a perpetrator and a victim. Chi-square analyses indicate substance use, and criminal history varies across the four groups. Binary logistic regression analyses are used to explore the significant correlates of both perpetration and victimization. Multivariate analyses support both the psychopharmacological model and the economic compulsive models of perpetration and victimization. Further implications of these findings are discussed.     

Age of First Arrest,Sex, and Drug Use as Correlates of Adult Risk Behaviors Among Rural Women in Jails

Incarcerated women frequently report initiation of substance use and sexual encounters at an early age, and often engage in high-risk drug use and sexual behaviors as adults. This study examined the timing of first sex, drug use, and arrest, as well as their unique influences on specific risky behaviors in adulthood, among a high-risk population of rural women recruited from jails. Ages of initiation were all positively and significantly correlated, and each independently increased the likelihood of several risky behaviors in adulthood. Implications are discussed for screening, intervention, and treatment targeting high-risk women and girls in rural areas, particularly within criminal justice settings.     

The UNGASS Declaration of Commitment on HIV/AIDS: a review of legislation in six Southern African countries

This article reviews legislation of six Southern African countries to determine what progress has been made after the UNGASS Declaration of Commitment on HIV/AIDS, particularly with regard to paragraph 58 on human rights and paragraph 69 on rights in the workplace. The article notes the complexities introduced by the coexistence of customary laws and practices and codified law. It describes certain features of specific codified and customized laws. It concludes that, with the possible exception of South Africa, the countries under review have not responded to the challenges the HIV/AIDS epidemic have confronted their legal systems with. They have resorted in the first instance to criminal law, and have allowed discriminatory customary laws and practices, which propel the epidemic, to continue to operate.     

A Comparison of Female and Male Probationers

Abstract

A majority of women convicted of crimes are sentenced to probation. Although proportionately more women than men receive probation, little is known about female probationers. The current study is one of the few to compare the backgrounds and case outcomes of women probationers with those of men. Statewide probation discharge data were used to examine differences between male and female probationers on their individual characteristics, offense and sentencing variables, and case outcomes and to explore the effect of gender on case outcomes. A number of gender differences were identified across the probationer, sentencing and case outcome variables examined. In addition, gender had a statistically significant influence on both new arrests and technical violations, after controlling for other variables such as age, race, income, prior involvement in the criminal justice system, conviction offense and sentence length.