Does Mandatory Diversion to Drug Treatment Eliminate Racial Disparities in the Incarceration of Drug Offenders? An Examination of California’s Proposition 36

Objective

This paper addresses previous shortcomings in the literature on racial disparities in incarceration for drug offenders by taking advantage of a change in sentencing policy in California and a rich administrative dataset that is able to create a sample of comparable White and Black offenders.

Method

We use a nonparametric propensity weighting approach to identify similarly situated White and Black male offenders charged with drug-related offenses. We combine this approach with a difference-in-differences model to estimate the effect that a change in California sentencing law for convicted non-violent drug offenders had on racial disparities in prison and drug treatment dispositions.

Results

We find substantial reductions in the probability of a prison sentence after the policy change, but not differentially for Blacks. Blacks remain more likely to go to prison than similarly situated Whites after the policy, although the policy does lead to more referrals to treatment for Blacks.

Conclusions

This paper shows that even after comparing Blacks and Whites in similarly situated contexts that racial disparities in prison commitments remain after sentencing law changes that mandate diversion to drug treatment. The results suggests that addressing racial gaps in the commitments to state prisons will likely require more than shifting the eligibility of drug convictions for prison, as accumulated criminal histories are the primary driver of prison sentences. This means that expanding diversion options from prison alone will not reduce the racial gap in commitments to prison for drug offenses more than incrementally.

     

The effectiveness of prison for reducing drug offender recidivism: a regression discontinuity analysis

Objectives

An enduring legacy of the 1980s “war on drugs” is the increased use of imprisonment for drug offenders. Advocates anticipated, in part, that prison is more effective than community sanctions in reducing recidivism. Despite the contribution of drug offender incarceration to prison growth nationally, and debates about whether this approach should be curtailed, only limited rigorous research exists that evaluates the effect of imprisonment on drug offender recidivism. To address this gap, this paper uses sentencing and recidivism data from a cohort of individuals convicted of felony drug offenses in Florida to examine the effect of imprisonment—as compared to community sanctions—on recidivism.

Methods

Regression discontinuity analyses are used. These minimize potential selection bias by exogenously assigning cases to conditions based on a rating variable and a cut-off score.

Results

Results indicate that prison has no effect on drug offenders’ rates of reconviction. This finding holds across a range of offender subgroups (racial and ethnic, gender, age, and prior criminal justice system involvement).

Conclusions

Imprisoning individuals convicted of marginally serious drug offenses—that is, those close to a cut-off score for being sent to prison—did not reduce subsequent offending. This finding suggests that curtailing the use of imprisonment for such individuals will not appreciably affect future criminal activity and may have the benefit of reducing correctional system costs.

     

The “care package,” prison domestic violence programs and recidivism: a quasi-experimental study

Objectives

Although there are many evaluations of domestic violence rehabilitation programs, it is still unclear “what works” in this field, especially when it comes to programs within prison walls. Today, most studies indicate that domestic violence programs based on cognitive behavioral treatment, or psycho-educational models show small positive results. Yet, there is still insufficient empirical literature providing adequate evidence for the impact of integrative treatment, where different methods and approaches toward domestic violence prisoners are employed within the same rehabilitation-program framework while incarcerated. Our study examined the effects of an integrative domestic violence program with a therapeutic “package” implemented in Israel with the goal of reducing recidivism rates among prisoners in general, and especially with regard to violent offenses.

Methods

Using propensity score matching methods, we compared treated offenders to a matched sample drawn from all convicted prisoners who were released from prison between 2004 and 2012.

Results

The findings indicate that the percentages of reincarceration and rearrests of inmates, who participated in integrative domestic violence program, were significantly lower during a period of up to 4 years after release.

Conclusions

Our conclusion is that the integrative effect of different treatments along with a supportive prison climate increased the success of inmates who participated in the domestic violence program.

     

A Quasi-Experimental Evaluation of the Impact of Public Assistance on Prisoner Recidivism

Introduction

The Welfare Act of 1996 banned welfare and food stamp eligibility for felony drug offenders and gave states the ability to modify their use of the law. Today, many states are revisiting their use of this ban, searching for ways to decrease the size of their prison populations; however, there are no empirical assessments of how this ban has affected prison populations and recidivism among drug offenders. Moreover, there are no causal investigations whatsoever to demonstrate whether welfare or food stamp benefits impact recidivism at all.

Objective

This paper provides the first empirical examination of the causal relationship between recidivism and welfare and food stamp benefits

Methods

Using a survival-based estimation, we estimated the impact of benefits on the recidivism of drug-offending populations using data from the National Corrections Reporting Program. We modeled this impact using a difference-in-difference estimator within a regression discontinuity framework.

Results

Results of this analysis are conclusive; we find no evidence that drug offending populations as a group were adversely or positively impacted by the ban overall. Results apply to both male and female populations and are robust to several sensitivity tests. Results also suggest the possibility that impacts significantly vary over time-at-risk, despite a zero net effect.

Conclusion

Overall, we show that the initial passage of the drug felony ban had no measurable large-scale impacts on recidivism among male or female drug offenders. We conclude that the state initiatives to remove or modify the ban, regardless of whether they improve lives of individual offenders, will likely have no appreciable impact on prison systems.

     

Educational Outcomes After Serving with Electronic Monitoring: Results from a Natural Experiment

Objectives

The paper explores the effects of electronic monitoring (EM) on young offenders’ educational outcomes and contributes to the evaluation of EM as a non-custodial sanction with a new outcome measure.

Methods

The study is based on a natural experiment exploiting a reform in Denmark in 2006 introducing electronic monitoring to all offenders under the age of 25 with a maximum prison sentence of 3 months. Information on program participation is used to estimate instrument variable models in order to assess the causal effects of EM on young offenders’ educational outcomes. The empirical analyses are based on a comprehensive longitudinal dataset (n = 1013) constructed from multiple official administrative registers and including a high number of covariates.

Results

The EM-program increases the completion rates of upper secondary education by 18 % points among program participants 3 years post-release. The EM-program includes house arrest under electronic surveillance, labor market or education participation, unannounced drug and alcohol tests and a crime preventive program. It is not possible to separate the treatment effects of the different program elements in the empirical analyses.

     

Court Sentencing Patterns for Environmental Crimes: Is There a “Green” Gap in Punishment?

Objectives

This study examines sentencing patterns for environmental crimes and tests the assumption that “green” offenders receive more lenient treatment from criminal courts than non-environmental offenders.

Methods

We present two sets of analyses. First, we present an empirical portrait of environmental felony offenses convicted in a single state (Florida) over a fifteen-year period and the resulting criminal sanctions. Second, we use a precision matching analysis to assess whether environmental offenders receive more lenient treatment when compared to non-environmental offenders with the same characteristics and offense severity scores.

Results

Findings indicate that an overall small percentage of felony convictions in state courts stem from environmental crimes. We also find that punishments for environmental crimes are more lenient than sanctions assigned to comparable non-environmental offenses when the environmental crime is ecological, but that punishments are sometimes harsher when the environmental crime involves animals.

Conclusions

The findings provide general support for the argument that courts and other formal institutions of social control treat environmental crimes more leniently than non-environmental crimes. This paper also raises important questions about citizen and state actors’ perceptions of crimes against the environment and, more generally, about the ways in which theories of court sentencing behaviors apply to environmental crime sanctioning decisions.

     

A long-term follow-up evaluation of the Minnesota High Risk Revocation Reduction reentry program

Objectives

This study examines the effectiveness of the High Risk Revocation Reduction (HRRR) program, a reentry program designed to reduce recidivism among offenders released from Minnesota state prisons.

Methods

Adult male release violators were randomly assigned to a treatment group that received supplemental case planning and access to community service and programs, or to a control group that received standard case management. Survival analysis was used to examine rearrest, reconviction, reincarceration for a new offense, and supervised release revocation.

Results

The results of Cox regression models showed that participation in HRRR significantly reduced the risk of rearrest but had no effect on the other measures of recidivism.

Conclusion

The results provide limited support for the program, although its effectiveness appeared to decline during the second phase of implementation. HRRR also reduced costs; however, the estimated benefits were not robust across all sensitivity analyses.

     

To marry a thief? Crime type as a deterrent to cohabitation

Objectives

Using a vignette study, we investigated the relative attractiveness as cohabitation partners of five different types of offenders, male as well as female.

Methods

Respondents advised a hypothetical person whether he or she should start cohabiting with his or her partner who had offended once. Gender and type of offence were systematically varied.

Results

Our findings suggest that violent offenders are equally attractive as serious property offenders. Against expectation, perpetrators of relational violence are not rated as less attractive than other violent offenders, even if they are male, and also when females are the raters. Male violent offenders are rated as less attractive cohabitation partners than female violent offenders. Sex offenders are the least attractive cohabitation partners, particularly those who had offended against a child.

Conclusions

Crime type matters: sex offending impacted consistently negatively on cohabitation advice. This effect may be partly due to the fact that many regard sex offenders as incurable and ‘deviant.’ Violent offending did not elicit markedly negative advice. Perhaps it was considered less of a risk because of the message in the vignette that the prospective cohabitants had a good relationship. It may also be that many young people have been in a fight or have slapped someone in their lives, and, therefore, downplay the seriousness of this offence.

     

Target Selection Models with Preference Variation Between Offenders

Objectives

This study explores preference variation in location choice strategies of residential burglars. Applying a model of offender target selection that is grounded in assertions of the routine activity approach, rational choice perspective, crime pattern and social disorganization theories, it seeks to address the as yet untested assumption that crime location choice preferences are the same for all offenders.

Methods

Analyzing detected residential burglaries from Brisbane, Australia, we apply a random effects variant of the discrete spatial choice model to estimate preference variation between offenders across six location choice characteristics. Furthermore, in attempting to understand the causes of this variation we estimate how offenders’ spatial target preferences might be affected by where they live and by their age.

Results

Findings of this analysis demonstrate that while in the aggregate the characteristics of location choice are consistent with the findings from previous studies, considerable preference variation is found between offenders.

Conclusions

This research highlights that current understanding of choice outcomes is relatively poor and that existing applications of the discrete spatial choice approach may underestimate preference variation between offenders.

     

Exploring the Effect of Exposure to Short-Term Solitary Confinement Among Violent Prison Inmates

Objectives

This study tracked the behavior of male inmates housed in the general inmate populations of 70 different prison units from a large southern state. Each of the inmates studied engaged in violent misconduct at least once during the first 2 years of incarceration (n = 3,808). The goal of the study was to isolate the effect of exposure to short-term solitary confinement (SC) as a punishment for their initial act of violent behavior on the occurrence and timing of subsequent misconduct.

Methods

This study relied upon archival longitudinal data and employed a multilevel counterfactual research design (propensity score matching) that involved tests for group differences, event history analyses, and trajectory analyses.

Results

The results suggest that exposure to short-term solitary confinement as a punishment for an initial violence does not appear to play a role in increasing or decreasing the probability, timing, or development future misconduct for this particular group on inmates.

Conclusions

Upon validation, these findings call for continued research and perhaps a dialog regarding the utility of solitary confinement policies under certain contexts. This unique study sets the stage for further research to more fully understand how solitary impacts post-exposure behavior.

     

The effect of digital technology on prisoner behavior and reoffending: a natural stepped-wedge design

Objectives

Although prisons aspire to rehabilitate offenders, they fail to prepare prisoners for release into our modern digitally sophisticated society. The objectives of the current study were to assess the impact of digital technology on the culture of prisons, and on prisoners’ ability to self-manage their behavior and reoffending.

Method

Using a natural stepped-wedge design, 13 prisons in the UK were examined that had installed self-service technology over a period of 7 years. A longitudinal multi-level model was used to analyze frequencies of disciplinary proceedings within and between the prisons before and after installation. Reoffending was examined in comparison with a control sample. Quantitative results were supported by a prisoner survey and usage data.

Results

Prison disciplinary offenses were significantly reduced over a two-year period, and reoffending in the first year after release was reduced by 5.36% compared to a 0.78% reduction in comparison prisons. The prisoner survey and usage data suggested that prisoners felt much more in control of their lives in prison and much more confident in coping with technology in the outside world.

Conclusions

The changes created by the introduction of digital technology offer the opportunity to make prisons more efficient for staff, and places of improved learning and rehabilitation for prisoners, contributing to a safer society. This study offers an important contribution to the field of corrections, providing the first quantitative assessment of the effect of prisoner self-service technology on prisoner behavior and reoffending.

     

A quasi-experimental evaluation of the impact of bike-sharing stations on micro-level robbery occurrence

Objectives

To examine if the implementation of bike-sharing stations is linked to robbery occurrence in micro-level street corner units in Cincinnati, OH, USA.

Methods

Propensity score matching was used to select comparison street corner units. The effect of bike-sharing station implementation on robbery occurrence across weekly, biweekly, and monthly observations was estimated using repeated measures multi-level logistic regression models.

Results

Bike-sharing stations did not statistically significantly link to robbery occurrence in immediate or nearby street corner units after implementation.

Conclusions

Numerous explanations consistent with Crime Pattern Theory may explain the null effect of bike-sharing stations on robbery occurrence. Future research should continue to examine how changes in the urban backcloth, such as bike-sharing stations, impact geographic crime patterns.

     

Punishing the Wicked: Examining the Correlates of Sentence Severity for Convicted Sex Offenders

Objectives

To examine the correlates of sentence severity for convicted sex offenders under sentencing guidelines, contrasted with individuals convicted of non-sexual, violent offenses.

Methods

Drawing on 7 years of data from the Pennsylvania Commission on Sentencing, we utilize a logit-negative binomial hurdle model to examine the predictors of incarceration and sentence length, and an accompanying Oaxaca–Blinder decomposition of the gap in sentencing outcomes between the groups. We then implement a quantile regression framework to examine variation in effects across the distribution of sentence lengths. All analyses are contrasted with a matched sample of violent offenders to consider the extent to which estimated associations are unique to sex offenders.

Results

The analyses suggest several predictors of sentence severity for sex offenders, and that these predictors vary between the incarceration and sentence length decisions. In comparing effects for sex and matched violent offenders, divergent effects were observed for both case and offender characteristics. An Oaxaca–Blinder decomposition suggests that differences in the coefficient estimates account for less than one-fifth of the gap in average sentencing outcomes between sex and violent offenders. Subsequent quantile regressions indicate that these effects vary considerably over the sentence length distribution in ways that are not captured or obscured by the hurdle models.

Conclusions

The predictors of sentence severity for sex offenders, and points of divergence from violent offenders, are congruent with the notion that judges utilize crime-specific stereotypes in arriving at sentencing decisions. Further, the application of quantile regression following point-based estimation can reveal meaningful patterns in sentencing disparities.

     

Recidivism in a Sample of Serious Adolescent Offenders

Objectives

A broad research literature in criminology documents key aspects of how criminal offending develops and changes over the life span. We contribute to this literature by showcasing methods that are useful for studying medium-term patterns of subsequent criminal justice system involvement among a sample of serious adolescent offenders making the transition to early adulthood.

Methods

Our approach relies on 7 years of post-enrollment follow-up from the Pathways to Desistance Study. Each person in the study was adjudicated delinquent for or convicted of one or more relatively serious offenses during adolescence. Their local jurisdiction juvenile court petition records and their adult FBI arrest records were systematically searched.

Results

We estimate in-sample 7 year recidivism rates in the 75–80 % range. Our analysis also provides recidivism rate estimates among different demographic groups within the sample. Extrapolated long-term recidivism rates are estimated to be on the order of 79–89 %.

Conclusions

The Pathways data suggest that recidivism rates of serious adolescent offenders are high and quite comparable to the rates estimated on other samples of serious offenders in the extant literature. Our analysis also reveals a pattern of heightened recidivism risk during the earliest months and years of the follow-up period followed by a steep decline.

     

Offender-focused police intervention in residential burglary and theft from vehicle hot spots: a partially blocked randomized control trial

Objectives

To test an offender-focused police intervention in residential burglary and residential theft from vehicle hot spots and its effect on crime, arrests, and offender recidivism. The intervention was prevention-focused, in which detectives contacted offenders and their families at their homes to discourage criminal activity.

Methods

The study was a partially blocked, randomized controlled field experiment in 24 treatment and 24 control hot spots in one suburban city with average crime levels. Negative binomial and ordinary least squares (OLS) regression were used to test the effect of the presence of intervention and its dosage on crime and offender recidivism, and examination of average and standardized treatment effects were conducted.

Results

The analyses of the hot spot impact measures did not reveal significant results to indicate that the treatment had an effect on crime or arrest counts, or on repeat arrests of the targeted or non-targeted offenders living in the hot spots. However, the relationships, while not significant, were in a promising direction.

Conclusions

The collective findings from all four impact measures suggest that the intervention may have had some influence on the targeted offenders, as well as in the treatment hot spots. So, while the experimental results did not show an impact, they are promising. Limitations include large hot spots, the low case number, low base rates, and inadequate impact measures. Suggestions are provided for police agencies and researchers for implementing preventive offender-focused strategies and conducting studies in suburban cities.

     

Racial Disproportionality in U.S. State Prisons: Accounting for the Effects of Racial and Ethnic Differences in Criminal Involvement,Arrests, Sentencing,and Time Served

Objectives

An important indicator of discrimination in the criminal justice system is the degree to which race differences in arrest account for racial disproportionality in prisons (“accountability”). A recent National Academy of Sciences (NAS) study raised concerns by reporting low and declining estimates of accountability. Our improved measure accounts for unreported Hispanic arrestees. We measure accountability at intermediate stages, including commitments to prison and time served. We also use victim reports to extend accountability from arrest to differential involvement in violent crimes.

Methods

Our methods utilize information on self-reported racial identity of Hispanic prisoners to provide more accurate comparison with the race of arrestees. We also assess accountability for 42 individual states and 4 regions.

Results

Our national estimate of accountability is close to previous estimates and much higher than those in the NAS report. Accountability is high for the serious violent crimes of murder and rape, and low for drug trafficking, drug possession, weapons, and aggravated assault, which involve more discretion in arrest, labeling and charging.

Conclusions

Our more accurate accountability results contradict the NAS report of low and declining accountability. Regional accountability estimates show no consistently stronger or weaker region. We also show a corrected national estimate of the ratio of black-to-white incarceration-rates has dropped from 6.8 in 1990 to 4.7 in 2011, an important correction to concerns of increasing discrimination. Reports of offenders’ race by victims and arrestees’ race are found to be close, supporting use of arrest as an indicator of involvement in violent crimes.

     

Can circles of support and accountability (CoSA) significantly reduce sexual recidivism? Results from a randomized controlled trial in Minnesota

Objectives

This study evaluates the effectiveness of Minnesota Circles of Support and Accountability (MnCOSA), a sex offender reentry program implemented by the Minnesota Department of Corrections in 2008.

Methods

Using a randomized controlled trial, this study compares recidivism and cost–benefit outcomes among sex offenders in the MnCOSA (N?=?50) and control groups (N?=?50).

Results

The results suggest MnCOSA significantly reduced sexual recidivism, lowering the risk of rearrest for a new sex offense by 88%. In addition, MnCOSA significantly decreased all four measures of general recidivism, with reductions ranging in size from 49 to 57%. As a result of the reduction in recidivism, findings from the cost–benefit analysis reveal the program has generated an estimated $2 million in costs avoided to the state, resulting in a benefit of $40,923 per participant. For every dollar spent on MnCOSA, the program has yielded an estimated benefit of $3.73.

Conclusions

Although difficult to implement, the CoSA model is a cost-effective intervention for sex offenders that could also be applied to other correctional populations with a high risk of violent recidivism.

     

Conditional Race Disparities in Criminal Sentencing: A Test of the Liberation Hypothesis From a Non-Guidelines State

Objectives

To test the liberation hypothesis in a judicial context unconstrained by sentencing guidelines.

Methods

We examined cross-sectional sentencing data (n = 17,671) using a hurdle count model, which combines a binary (logistic regression) model to predict zero counts and a zero-truncated negative binomial model to predict positive counts. We also conducted a series of Monte Carlo simulations to demonstrate that the hurdle count model provides unbiased estimates of our sentencing data and outperforms alternative approaches.

Results

For the liberation hypothesis, results of the interaction terms for race x offense severity and race x criminal history varied by decision type. For the in/out decision, criminal history moderated the effects of race: among offenders with less extensive criminal histories blacks were more likely to be incarcerated; among offenders with higher criminal histories this race effect disappeared. The race x offense severity interaction was not significant for the in/out decision. For the sentence length decision, offense severity moderated the effects of race: among offenders convicted of less serious crimes blacks received longer sentences than whites; among offenders convicted of crimes falling in the most serious offense categories the race effect became non-significant for Felony D offenses and transitioned to a relative reduction for blacks for the most serious Felony A, B, and C categories. The race x criminal history interaction was not significant for the length decision.

Conclusions

There is some support for the liberation hypothesis in this test from a non-guidelines jurisdiction. The findings suggest, however, that the decision to incarcerate and the sentence length decision may employ different processes in which the interactions between race and seriousness measures vary.

     

The effects of psychiatric and “biological” labels on lay sentencing and punishment decisions

Objectives

This research, using focal concerns perspective on sentencing, examines how and why psychiatric labels, and having diagnoses biologically “labeled,” affect sentencing beliefs. Dimensions of public stigma toward psychiatric illnesses are hypothesized to mediate sentencing views.

Methods

This is a 2?×?2 partially-crossed, between-subjects multifactorial experiment with a lay sample (n=?1213), presenting mediation analyses.

Results

Four psychiatric labels (Attention Deficit Hyperactivity Disorder, behavioral-variant Frontotemporal Dementia, High Functioning Autism, Borderline Intellectual Disability) led to significant beneficial effects on sentencing (less prison/rehabilitation support) as mediated by decreased stigmatization regarding lack of treatability, social acceptance, and personal responsibility. One biological “label” (Pedophilic Disorder) was mediated by decreased stigmatization (dangerousness), resulting in less prison support.

Conclusions

Data support effects of psychiatric labeling on sentencing under focal concerns. As no psychiatric labels resulted in increased discriminatory sentencing and, instead, led to decreased discriminatory sentencing behavior, psychiatric labeling may reduce punitiveness and bolster non-punitive sentencing beliefs. Biological labeling, aside from Pedophilic Disorder, may not affect sentencing.