Long-term recidivism of mental health court defendants

The first MHC was established in 1997 and now, over 15 years later, there are over 300 mental health courts in the United States. In a relatively short time these courts have become an established criminal justice intervention for persons with a mental illness. However, few studies have looked at the long-term outcomes of MHCs on criminal recidivism. Of the studies evaluating the impact of MHCs on criminal recidivism, most follow defendants after entry into the court during their participation, and only a few have followed defendants after court exit for periods of one or two years. This study follows MHC defendants for a minimum of five years to examine recidivism post-exit with particular attention to MHC completion's effect. Findings show that 53.9% of all MHC defendants were rearrested in the follow-up and averaged 15 months to rearrest. Defendants who completed MHC were significantly less likely to be rearrested (39.6% vs. 74.8%), and went longer before recidivating (17.15 months vs. 12.27 months) than those who did not complete. This study suggests that MHCs can reduce criminal recidivism among offenders with mental illness and that this effect is sustained for several years after defendants are no longer under the court's supervision.     

THE EFFECT OF IMPRISONMENT ON RECIDIVISM RATES OF FELONY OFFENDERS: A FOCUS ON DRUG OFFENDERS*

The purpose of this study is to evaluate the deterrent effect of imprisonment. Using data on offenders convicted of felonies in 1993 in Jackson County (Kansas City), Missouri, we compare recidivism rates for offenders sentenced to prison with those for offenders placed on probation. We find no evidence that imprisonment reduces the likelihood of recidivism. Instead, we find compelling evidence that offenders who are sentenced to prison have higher rates of recidivism and recidivate more quickly than do offenders placed on probation. We also find persuasive evidence that imprisonment has a more pronounced criminogenic effect on drug offenders than on other types of offenders.     

“Clean up and go straight”: Effects of drug treatment on recidivism among felony probationers

The central question we address in this article is whether participation in court-ordered drug treatment programs reduces future criminal involvement among convicted property offenders who have a history of drug abuse. Using a national sample of male property offenders sentenced to felony probation, we analyze drug treatment experience on probationers’ recidivism rates by employing proportional hazards techniques. Results indicate that how successful white men are in completing courtordered drug treatment programs has no significant effect on their recidivism rates. However, AfricanAmerican and Hispanic men who satisfy the expectations of their drug treatment programs are significantly less likely to be rearrested. Overall, our findings support the contention that drug treatment reduces further criminal behavior among men on probation for felony property offenses. Thus, we recommend that court service personnel strive to provide drug treatment programs for property offenders with a history of drug abuse and that supervisors closely monitor probationers’ activities while in treatment to assure lower rates of recidivism. An earlier version of this paper was presented at the annual meeting of the Midwest Sociological Society in Chicago in April 1996.     

The Effectiveness of a Mental Health Court in Reducing Recidivism in Individuals with Severe Mental Illness and Comorbid Substance Use Disorder

The current study examined the efficacy of a specialized mental health court in reducing recidivism for severely mentally ill defendants with comorbid substance use disorders. There is a wealth of research supporting the efficacy of mental health courts in reducing recidivism for those with severe mental illness; however, the benefit of these courts for individuals with severe mental illness and comorbid substance use disorders has received limited empirical attention. Participants were 514 defendants enrolled in either a traditional adversarial court or a specialized mental health court. Recidivism was assessed across different outcome variables, including frequency of reoffending, severity of new offenses, and length of time to reoffend. When compared to participants in the traditional adversarial court, enrollment in mental health court was associated with a greater length of time to rearrest and fewer participants were rearrested in the mental health court than the traditional court. Group differences between those with and without comorbid substance use disorders who were enrolled in the mental health court were not found across recidivism outcome metrics. Results of the current study are particularly promising given that defendants with substance use disorders are at a greater risk for reoffending.     

Gender differences in the effects of prison on recidivism

Purpose

This study examines gender differences in the effectiveness of prison in reducing recidivism.

Methods

Using data on released male and female prisoners, we apply a propensity score matching methodology to compare the effects of prison on recidivism versus three counterfactual conditions—jail, intensive probation, and probation.

Results

The analyses indicated that a prison term, as compared to placement on intensive probation or traditional probation, is associated with a greater likelihood of property and drug recidivism. There was little evidence that recidivism was greater when compared to jail, that prison increased the likelihood of violent or other recidivism, or that the criminogenic effect of prison is appreciably greater for females or males.

Conclusions

The findings do not support arguments that prison is an effective alternative to non-incarcerative punishments or that it exerts a differential effect on females or males. Further research is needed on what features of the prison experience contribute to the observed effects.     

缓刑制度的实践与思考

我国刑法中的缓刑,是指人民法院对于被判处拘役、三年以下有期徒刑的犯罪分子,认为暂不执行原判刑罚,确实不致再危害社会的,在一定考验期内,暂缓执行原判刑罚的制度.缓刑制度在实践中对教育改造罪犯,使之改过自新,预防重新犯罪,维护社会稳定等方面发挥了重要作用.然而,缓刑制度在司法实践中存在着种种具体问题,难以达到缓刑制度的立法目的,因而必须进行改革和完善.通过从立法上明确缓刑的适用条件,可以避免缓刑适用中的随意性,在一定程度上限制法官的自由裁量权;在适用技术上,通过确立缓刑适用前的再犯预测制度,可以更加客观地考量被告人是否具备"确实不致再危害社会"的条件,使缓刑的适用更具科学性;从适用程序上设置缓刑适用的听证程序,增加缓刑适用过程的透明度,可以避免缓刑适用中的"暗箱操作",有利于将缓刑的适用置于法律监督和社会监督之下,体现出法律程序中的公平、正义;在对缓刑的考察监督方面,首先,通过建立缓刑监督考察委员会制度,改革和完善监督考察的主体,以弥补当前以公安机关为主的监督考察主体无力对缓刑人员监管的不足,还可以做到权责分明,利于对缓刑人员的监督考察落到实处;其次,确立缓刑指示制度,完善监督考察的内容,可以使监督考察有的放矢,缓刑人员亦有明确的目标与行为准则;最后,将对缓刑人员的监督考察纳入社区矫正体系,是完善监督考察方式的必由之路,是真正实现对缓刑人员的监督考察的必要保障.建立一个缓刑制度的体系,对于完善我国的缓刑制度是必要的和可行的.     

An experimental study of a therapeutic boot camp: Impact on impulses, attitudes and recidivism

Two hundred thirty four adult male inmates entering prison were randomly assigned to an early release program in either a correctional boot camp or a large, traditional prison in the Maryland state correctional system. Boot camp releasees had marginally lower recidivism compared to those released from the traditional prison. A pre-test, post-test self report survey indicated the boot camp program had little impact on criminogenic characteristics except for a lowering of self control. In contrast, inmates in prison became more antisocial, lower in self control, worse in anger management, and reported more criminal tendencies by the end of their time in prison. Criminogenic attitudes and impulses were significantly associated with recidivism. The impact of the boot camp diminished to non-significance when antisocial attitudes or anger management problems were added to the models predicting recidivism. Implications for jurisdictions considering whether to operate correctional boot camps are discussed.     

THE LABELING OF CONVICTED FELONS AND ITS CONSEQUENCES FOR RECIDIVISM*

Florida law allows judges to withhold adjudication of guilt for individuals who have been found guilty of a felony and are being sentenced to probation. Such individuals lose no civil rights and may lawfully assert they had not been convicted of a felony. Labeling theory would predict that the receipt of a felony label could increase the likelihood of recidivism. Reconviction data for 95,919 men and women who were either adjudicated or had adjudication withheld show that those formally labeled are significantly more likely to recidivate in 2 years than those who are not. Labeling effects are stronger for women, whites, and those who reach the age of 30 years without a prior conviction. Second‐level indicators of county characteristics (e.g., crime rates or concentrated disadvantage) have no significant effect on the adjudication/recidivism relationship.     

The trials and tribulations of court reform: A review essay

This study examines the impact of religious programs on institutional adjustment and recidivism rates in two matched groups of inmates from four adult male prisons in New York State. One group had participated in programs sponsored by Prison Fellowship (PF); the other had no involvement with PF. PF and non-PF inmates are similar on measures of institutional adjustment, as measured by both general and serious prison infractions, and recidivism, as measured by arrests during a one-year follow-up period. However, after controlling for level of involvement in PF-sponsored programs, inmates who were most active in Bible studies were significantly less likely to be rearrested during the follow-up period.     

A three-year recidivism analysis of state correctional releases

The present study undertakes a three-year follow-up time frame of approximately 10,000 inmates released from New Jersey prisons in 2012. Consistent with the methodology set forth in federal analyses, various definitions of recidivism were utilized. Recidivism rates were consistent, and in some counts below, federal findings as well. Rearrest post-release rates were 53%, reconviction rates were 40.1% and reincarceration rates were 31.3%. Offenders released to supervision had higher rates of reincarceration, while unsupervised offenders (i.e. max-outs) had higher rates of rearrest and reconviction. Males were more likely to be rearrested than females, while younger offenders were more likely to be rearrested than older offenders. Released inmates with prior arrests, convictions, and reincarcerations maintained substantially higher odds of rearrest, as did those with a higher number of prison discipline allegations. Released inmates with a violent admission offense were rearrested the least, while those serving time on a previous community supervision violation were rearrested the most. These findings are discussed within the context the criminal justice system and the existing literature.     

Recidivism among drug offenders: A survival analysis of the effects of offender characteristics,type of offense,and two types of intervention

The determinants of recidivism are increasingly becoming the focus of public concern. This study explores the relative effect of type of intervention, offender characteristics, and type of incident offense on time to a petition to revoke probation and time to a probation revocation. Our analysis of intervention effects includes both parametric and nonparametric estimation procedures. Estimating five distributional forms of survival and a proportional hazard model for each measure of recidivism, the analysis indicates no difference in the effect of a program of drug monitoring and treatment, compared to drug monitoring only, for either of the two measures of recidivism. In addition, findings indicate that younger offenders and African American offenders have a shorter time to a petition to revoke probation. We also found a reduced time to failure for a probation revocation for African American offenders and offenders with a prior arrest record. Our findings offer empirical support for a reconsideration of the type of intervention effective in deterring offenders while on probation.     

RESTITUTION AND RECIDIVISM RATES OF JUVENILE OFFENDERS: RESULTS FROM FOUR EXPERIMENTAL STUDIES*

One of the major changes in juvenile justice during the past decade has been the increased reliance on restitution as a sanction for juvenile offenders. Although a great deal has been learned during the past 10 years about the operation of restitution programs, much remains unknown regarding its impact on recidivism rates. This report contains the results from four random-assignment experiments conducted simultaneously in four communities: Boise, Idaho, Washington, D. C., Clayton County, Georgia, and Oklahoma County, Oklahoma. In all four studies, youths were randomly assigned into restitution and into traditional dispositions. On the whole, the results show that restitution may have a small but important effect on recidivism. However, not all programs will be able to achieve this effect, either because of program management and strategy, community circumstances, or other factors. Youths in the restitution groups never had higher recidivism rates than those in probation or detention conditions. In two of the four studies, the juveniles in restitution clearly had fewer subsequent recontacts with the court during the two-to-three-year follow-up.     

RACE,ETHNICITY, THREAT AND THE LABELING OF CONVICTED FELONS*

Florida law allows judges to withhold adjudication of guilt for persons who have either pled guilty or been found guilty of a felony. This provision may apply only to persons who will be sentenced to probation, and it allows such individuals to retain all civil rights and to truthfully assert they had not been convicted of a felony. This paper examines the effects of race and Hispanic ethnicity on the withholding of adjudication for 91,477 males sentenced to probation in Florida between 1999 and 2002. Hierarchical Generalized Linear Modeling is used to assess the direct effects of defendant attributes as well as the cross‐level interactions between race, ethnicity and community level indicators of threat, such as percentage black and Hispanic and concentrated disadvantage. Our results show that Hispanics and blacks are significantly less likely to have adjudication withheld when other individual and community level factors are controlled. This effect is especially pronounced for blacks and for drug offenders. Cross‐level interactions show that concentrated disadvantage has a substantial effect on the adjudication withheld outcome for both black and Hispanic defendants. The implications of these results for the conceptualization of racial/ethnic threat at the individual, situational and social levels are discussed.     

Burnout—Age at release from prison and recidivism

Empirical studies frequently have reported an association between age at release from prison and recidivism. For criminal justice decision-makers who wish to consider this knowledge in making prosecutorial, sentencing, or parole decisions, the magnitude of that association must be established while controlling for the effects of other variables known to be associated with recidivism (e.g., prior criminal record). This research addresses this issue using data from a large sample of federal prison releasees. The results indicate that recidivism rates do decline with increased age, and that the association is not diminished when statistical control is exercised for the effect of prior criminal record.     

Prison labor and recidivism

This study examines recidivism among inmates who participated in prison industry programs during confinement and a comparison group of inmates who were not employed in prison industry. Industry participants had lower recidivism rates than nonparticipants, but when differences between the groups on other characteristics associated with recidivism were controlled, the recidivism rates of participants and nonparticipants were virtually identical. A proportional hazards regression model was estimated that showed that, net of other variables, the effect of prison industry participation on the probability of postrelease felony arrest was small and insignificant. The findings are discussed in the context of existing correctional outcome research and recent developments in prison work programs.     

Thy brother's keeper: A review of the literature on correctional officers

Individualized offender risk models do not account for expected reductions in risk that are caused by programmatic interventions, in part because of a presumption of program ineffectiveness. We examined two relatively unevaluated types of correctional programs—community-based prison release programs and prison furloughs—for adult males in the Massachusetts Department of Correction to determine whether there was an identifiable intervention effect on recidivism rates. We studied three samples of male inmates who were released during the 1970s, using base expectancy methodology to control for their background characteristics. We also examined 11-year trends in recidivism, comparing program participants to nonparticipants. Furlough participation, both alone and followed by prerelease, appears to have a pronounced and consistent positive impact on lowered recidivism. Implications for reintegration theory, risk assessment policy, and research are discussed.     

Split sentencing in georgia: A test of two empirical assumptions

Recent research on felony sentencing in the nation's trial courts has highlighted a type of sentence in which a prison term is coupled with a probation period. Under these so-called “split sentences,” convicted felons serve a term of incarceration, are released (possibly) on parole, and eventually come under the concurrent jurisdiction of both parole and probation authorities. Although such a sentence may serve a variety of purposes, it is at least conceivable that judges use the prison/probation combination as a way to respond to prison overcrowding and public pressure for punitiveness.

This article reports a study of split sentencing in Georgia from 1976 to May 1985. Drawing on more general research on felony sentencing in the state's Superior Courts, the authors test two empirical assumptions about split sentencing: (1) the perception that split sentencing has increased over time and (2) the importance of the total term (i.e., the prison/probation combination) over the actual severity (i.e., the time specified for incarceration). These assumptions surfaced in extended interviews with court and community authorities in selected judicial circuits across the state.

The empirical tests of these two assumptions consist of an examination of aggregate sentencing patterns and multivariate analyses of two conceptions of the split sentence. The data provide limited support for the two empirical assumptions. There was no evidence that felony courts in Georgia had increased their reliance on split-sentence terms. Aggregate evidence, however, suggested that judges might use split sentencing as a way to balance the competing pressures of prison overcrowding and the demand for punitiveness. Multivariate analyses offer mixed support for propositions on the importance of the total term. The study concludes with a consideration of the implications for public policy and for research on racial discrimination, sentencing, and trial court processes in general.     

The effects of specialized probation and recovery management checkups (RMCs) on treatment participation,substance use,HIV risk behaviors,and recidivism among female offenders: main findings of a 3-year experiment using subject by intervention interaction analysis

Objectives

To examine the effects of specialized probation and recovery management checkups (RMCs) on participation in substance use treatment, substance use, HIV risk behaviors, and recidivism.

Methods

Women (n?=?480) released from the Cook County Jail’s Department of Women’s Justice Services were randomly assigned to either an RMC or control condition and interviewed quarterly for 3 years (greater than 90% completion per wave). At the beginning of each quarter, women were classified as currently on probation (n?=?1984) or not (n?=?2516). Current probation (subject) and experimental condition (intervention nested within probation status) at the beginning of the quarter were used to predict outcomes in the next quarter. Data included self-reports, urinalysis findings, and county and state arrest records.

Results

In the quarter after being on probation (or not), women offenders reported higher rates of participation in substance use treatment and recovery support services, as well as lower rates of substance use and HIV risk behaviors. Nevertheless, they were more likely to commit crimes and be rearrested or reincarcerated. During quarters when the women were not on probation, RMCs were associated with significant increases in participation in substance use treatment and significant reductions in substance use and HIV risk behaviors. However, RMCs had no additional quarterly benefits when women were on probation. Higher levels of substance use treatment, self-help engagement, and reduced substance use predicted reduced recidivism.

Conclusions

This study demonstrates the effects of specialized probation and RMCs (when not on probation) on favorable outcomes for criminally involved women with substance use disorders.

     

PROBATION AND PAROLE: PUBLIC RISK AND THE FUTURE OF INCARCERATION ALTERNATIVES*

Jail and prison populations in the United States have continued to grow unabated during the past two decades but crime rates have not declined. Partly in response to the pressures caused by burgeoning correctional populations, the use of alternatives to incarceration has expanded. An ongoing debate centers on the effectiveness of these alternatives. Many criminal justice professionals and some researchers question whether such alternatives seriously restrict the criminal justice system 's ability to incapacitate the active offender. This study deals specifically with two alternatives to incarceration: probation and parole. We examine offender recidivism for a sample of probationers and parolees active in New Orleans, Louisiana, and offer a new approach to addressing the effectiveness issue. Past research has evaluated the effectiveness of alternatives by examining failure rates of diverted offenders. High failure rates, we argue, do not necessarily imply a significant loss of the incapacitative effects of imprisonment. We suggest that a more appropriate measure of the loss of incapacitative effect is the proportion of all offenses committed by persons on probation or parole. Our results suggest that such losses are surprisingly low. The policy implications of our findings are discussed.     

Community Solutions for the Community's Problem: An Evaluation of Three New Zealand Community-Based Treatment Programs for Child Sexual Offenders

The recidivism rate of 203 people mandated by the courts to attend three community-based child sexual offender treatment programs (175 treatment cases and 28 assessment-only cases) was assessed and compared with a probation comparison group. The recidivism rate was 8.1% for all participants treated in the community-based programs and 5.2% for participants who completed treatment. The recidivism rate for program attendees was approximately half that of those in the probation comparison group. The drop-out rate for treatment appears to be relatively high (45%) and noncompletion was associated with higher recidivism. These results indicate significantly better outcomes for offenders receiving specialized treatment and are consistent with, and toward the lower end of, recidivism rates reported in local and international evaluation studies.