Parole Documentary from Prisons Under Pressure

I have been pleasantly surprised by the CCPOA-funded documentary series Prisons Under Pressure. The series is a bit dramatic in terms of editing and presentation, and somewhat shallow in its coverage of the broader social issues, but actually provides a lot of interesting information and includes some fascinating interviews. Episode 4, which you can see here, discusses the dysfunctionalities of parole in California and examines the roots behind the success of some programs. The video includes interesting interviews with Mimi Silbert from the Delancey Street Foundation and with Harriet Salarno from Crime Victims United of California.

While the CCPOA’s political power and relationship with governors since the 1980s has been criticized by some as a major contributor to the ratcheting up of sentencing, and their involvement in funding political campaigns (such as the Three Strikes Law and the No on 5 campaign) a source of concern, I think they should be commended for funding this documentary, as well as for their public support for a sentencing commission.

More CDCR Cuts in New Budget Deal: California Police Chiefs Wage War on Potential Inmate Release

The new California budget deal has been struck yesterday, and among other policies, it includes $1.2 billion in unallocated cuts to CDCR. While the San Jose Mercury reports that inmate release is not explicitly mentioned as one of the cuts, the broad issue is still on the table. As expected, some are not thrilled with this humonetarian move. The Sac Bee reports:

The campaign, expected to consist of thousands of phone calls, targets Democrats who plan to run for higher office next year, represent hotly contested districts, or who have been sympathetic or outspoken about law enforcement issues in years past.
“Frankly, it will not be possible for anyone who votes for the early release of felons to ever be taken seriously on public safety issues again,” the campaign said in a memo to participants.
As part of a much larger plan to bridge the budget gap, the prison agreement would cut $1.2 billion from the prison system, which Melekian and other opponents fear could release more than 19,000 prisoners before their sentences expire.
“The concern is that the only way that you get to that amount of money is to release people from prison,” Melekian said.
He said police chiefs are also concerned that there is no money available to help with prisoners’ return to society.
“There’s no money for job training – there’s no money to do anything to transition these folks from institutional life to life back in the community,” he said. “It’s more than just releasing them. It’s releasing them with no real plan for dealing with them.”
Also see the report from UPI.

While releases of non-violent offenders would do good to a system that had no business locking up so many people in the first place, the concerns regarding reentry are certainly warranted. The time to think about reentry options for these released inmates is now.

Re-entry Program for Women Parolees

As reported on the CDCR website, the first cohort of female parolees is graduating from the Female Residential Multi-Service Center (FRMSC) in Sacramento. The FRMSC, founded a year ago, is the first of its kind in California and provides gender specific programs (the need for which was so eloquently explained by Barbara Bloom a while ago) and services for female parolees. Here’s more about the program:

Twenty-five women can stay at the center from six months to a year. They are referred to the FRMSC from a parole agent or the Board of Parole Hearings upon release from prison, or in lieu of returning to prison for a violation.

The FRMSC offers a variety of gender responsive services including case management, trauma treatment, substance abuse and domestic violence education, life skills development, family focused services, parenting classes, educational services, GED preparation, vocational training and family reunification services.

When a woman arrives to the FRMSC she is assessed by the treatment team which includes an alcohol and drug counselor, family therapist, program director, vocational developer and parole agent. She is then evaluated in the following areas: substance abuse history, traumatic life events, family history, housing needs, legal issues, medical issues, employment and educational history. Based on these assessments, the team will identify strengths and needs and will try to maximize the potential of each individual woman.

In order to graduate from the FRMSC program, women either must be employed, enrolled in a vocational training program, or taking college courses. Also, graduates must have a stable place to live.

And true to the spirit of humonetarianism –

Housing a woman at an FRMSC is cheaper than the average cost of housing her in prison. It costs approximately $109 per day at the FRMSC compared to $126 per day at an institution.

Being a Lever in a Dark Place

Citizen Hope assembled a fascinating panel on Tuesday night at Hastings for a “Conversation on Re-Entry.” The conversation’s starting point was recidivism and re-entry, and San Francisco District Attorney Kamala Harris began by described several of her initiatives aimed at combating recidivism. “Back on Track” targets young (18-30) nonviolent first-time offenders, allowing them, after they’re arrested, to opt into a training program in lieu of an entry of judgment. “Back on Track” participants must have a job or be in college in order to graduate, and the program works “across agencies” to achieve this, bringing together the Housing Department, Child and Family Services, Health and Human Services, the DA, PD, and Court. 

The program is still in its nascence, and so there are lots of questions about its efficacy: is it scalable? Right now it targets a population that self-selected to succeed (if a participant makes any missteps, he is sent back into the regular criminal justice process.) But it’s an important policy innovation because it reflects a growing understanding of how connected recidivism and re-integration are with problems like joblessness and inadequate access to services. 

Harris herself represents another important kind of policy innovation, though, a theme which she sounded as she explained her decision to become a prosecutor, rather than following the more traditional path of the civil rights advocate to the public defender’s office. In lots of counties, programs like “Back on Track” never get started because the District Attorney, with his eye on his conviction record for the next election, doesn’t want to cooperate in a program that takes people out of the normal channels of criminal process. People like Harris are important because they are willing to reconceive their roles and the set of incentives and constraints that define them. Conviction records aren’t the only way to show you’re doing a good job as a law enforcement officer – indeed, they may be a remarkably bad indicator of whether you’re improving public safety. 

Panelist Lateefah Simon echoed this theme towards the end of the evening. Simon, who worked for Harris for four years in the DA’s office, and has a powerful way with words, exhorted the audience of law students and community members to become “a lever in a dark place.” In other words, if a system is the cumulative effect of many little decisions made by people in the course of their routines, then a shift in the kinds of experiences and perspectives those people are considering as they go about their jobs can have a huge impact on the success and widespread expansion of a program like “Back on Track.”

Citizen Hope is a social networking organization focused on political activism. The panel featured SF DA Kamala Harris, Jakada Imani, executive director of the Ella Baker Center for Human Rights, Jessica Flintoff, program coordinator of the Safe Communities Reentry Council, Lateefah Simon, executive director of the Lawyers Committee for Civil Rights, and moderator Steve Ngo of the San Francisco Community College Board. 

Goro Toshima’s Documentary A Hard Straight


Several people who couldn’t make it to the conference have asked for more information on Goro Toshima’s film we showed on Thursday, A Hard Straight: A Documentary About Doing Time on the Outside. The film is absolutely phenomenal. It provides an intimate peek into the life of three people – a tattoo artist with a poetic soul and strong gang affiliations, a drug dealer trapped in the Tenderloin, and a mother of three working on repairing her relationship with her children – who, upon release from prison, are trying to rebuild their lives.
For more information on the film director, and to contact him regarding the film, visit his website.

Reentry and Returning to the Community

The last panel, Reentry and Returning to the Community, was a mixture of somber observations on the correctional process and of rays of hope. It started out with Dorsey Nunn, Program Director for Legal Services for Prisoners with Children, who put much of the financial crisis into perspective. The current concern over the national 13 percent employment rate, he said, would be cause for rejoice among the prisoner population; with thousands of formerly incarcerated men and women looking for employment, only a precious few will be able to rebuild their lives. Part of the problem, argued Nunn, is structural in nature; when released inmates are denied basic survival needs, such as jobs that provide medical insurance, the problem is propagated. Even simple, technical things that middle-class citizens would not notice, discriminate and marginalize, such as a “have you ever been convicted?” box on life insurance forms. Much work still needs to be done around discrimination; and the middle-class person’s paranoia when confronted with “someone who looks like me”, said Dorsey, is only half of the picture; released inmates experience a parallel sense of paranoia when asking for houses and jobs. The good news are that formerly incarcerated people are organizing, and questioning much of society’s structure, including their exclusion from the very institutions and enterprises designed to “solve” their “problems”.

A good example of this might be San Francisco’s Safe Communities Reentry Council, about which we heard from Jessica Flintoft. The Council is meant to be a collaboration of formerly incarcerated people with various community figures such as the sheriff’s department, county probation, and human services. In true San Francisco fashion, the idea was kicked off with two councils, one headed by the chief Public Defender and a sympathetic supervisor, the other by the District Attorney and the Sheriff. One of Flintoff’s priorities is combining the two, which requires some compromise regarding their roles and conceptions. The purpose of the Council is to develop local oversight over reentry services and options, which so far have been provided sporadically and on a local level.

Flintoft shared some of the principles and challenges guiding her in her work. First, she mentioned, there is an emphasis on transparency and on allowing everyone to come to meetings and speak up. Second, there have been struggles with her intention to allow parolees to serve (and, as of now, they cannot vote, but they can be council members!). Third, she discussed the need to generate collaboration between the DA and the PD as participants in the process, and to transcend the courtroom adversariness for the purpose of advancing reentry. And, finally, she highlighted the importance of making city services available to people regardless of their offense; this requires educating various segments of the community, who express reluctance to offer housing to drug offenders, services to sex offenders, and the like. Flintoft extended an invitation to seven formerly incarcerated people to join the Council.

The closing speaker of the panel – and the conference – was Professor Gerald Lopez from UCLA, who provided us with sobering reflections on the historical dimensions of criminalization, marginalization, and reentry. Contrary to correctional lore, said Lopez, criminalization and the war on crime are not a product of the 1980s and the Reagan era. The same communities and neighborhood were targeted in many of the same ways; minorities and low-income people were routinely hassled, prosecuted and locked up even in the supposedly more benign days of the 1950s and 1960s. It is also important to remember that rehabilitation programs – what we now call “re-entry” – are also not a new invention.

The transformation in the 1980s, and the worsening of fear-mongering and mass hysteria, operated, said Lopez, in utterly predictable ways. Certain populations suffered disproportionate impact. While there hasn’t been a single “master coordinator” of the war on crime, the system we currently have was ultimately the product of design and choice. Policymakers could predict that the same people who were historically targeted by the criminal justice process would be targeted again; the policies were an utterly racial, and racist, perspective on who was safe, who was not, and what to do with them. Moreover, they reflect an immense indifference to the plight of the communities from which the targeted people came and to which they would eventually return.

Fighting these campaigns of fear and cruelty has been an uphill battle, and in the course of the last few decades activists have encountered situations that seemed imaginary – such as the release of people in NY to random places without an ID. It is, said Lopez, sadistic and stupid to design answers for these problems without involving the people themselves in designing their own fate; they must have a voice in the process, and they must have at least access to information on the available services, let alone some measure of how effective and helpful these services are.

Some of the problems with this sort of activism have to do with our tendency to invent the wheel and make up new words (such as reentry), ironically precisely when we have so little that would count as re-entry. Other issues relate to the bureaucracy, meetings, and talk without action that is often a feature of this work. But, as Lopez said, among the cops, parole agents, correctional officers, lawyers, and academics, one can find truly rebellious people, who will cut through red tape and meaningless words to get stuff done. It is these folks who are the true hope for change, and their energy can and must be harnessed to generate that change.

Seven Nagging Questions about the Post-Plata/Coleman World

1. Is this really going to happen after the final decision, or will we all wait for the appeal, which will surely come?

2. If we are about to dramatically relieve prison overcrowding, how do we guarantee that people don’t end up back in prison anyway, due to parole violations, and with precious little reentry resources?
3. Doesn’t the decision render the release part of Prop 9 pretty much irrelevant?
5. How large is the backlash going to be?
7. If we’re worried about recidivism among released inmates, isn’t it better to systematically find out what works in the real world, rather than work with simplistic, imaginary models?
Do you have any nagging questions about the aftermath of the District Court’s decision? Please post them in the comments, and we’ll try and answer them together.

Congratulations, Graduates


(image courtesty of CDCR.ca.gov)

Several CA correctional institutions report the number of GED certificates, and other diplomas and degrees, earned by inmates.

Congratulations to those who have achieved this important milesone, which will be invaluable on the other side of the fence. As this data from NCSALL demonstrates, one’s earning potential, particularly if one belongs to a racial minority, substantially increases with a GED. The good folks at Brown University, particularly John Tyler, are continuing to keep track of the impacts of prison education and of other issues pertaining to employment prospects after release, for those of you who want to learn more.

An interview with Sunny Schwartz


(image courtesy SF Chronicle)

Today’s Chronicle features an interview with Sunny Schwartz, whose thoughts on rehabilitation and restorative justice are inspiring and thought provoking.

A small excerpt:

My dream is that every jail and prison will be a place of no-nonsense change and responsibility. And that we build the safety nets for continuing education and programming – through our probation departments, churches, synagogues, chambers of commerce – that continue to invest in people’s success.

Can you imagine if we had economic incentives for jails and prisons so they get more money if people don’t return?

Ms. Schwartz will speak at our California Correctional Crisis Conference on March 19-20.

Law Enforcement and Corrections: A Message from the New Administration


The new White House website is attracting some attraction (some of it from bloggers comparing it to the previous version which, in all fairness, was made eight years ago). Given Jonathan Simon’s statement, that no American politician has ever gotten elected on a platform of being soft on crime, it is interesting to state a few things about the new administration’s criminal justice policy.

First, the list of topics on the agenda does not seem to include crime control or law enforcement in any particularly visible way.

Second, these issues have been located under “civil rights“.

Third, the priorities seem to have shifted toward rehabilitation and re-entry, at least on paper. An excerpt from the agenda page:

  • End Racial Profiling: President Obama and Vice President Biden will ban racial profiling by federal law enforcement agencies and provide federal incentives to state and local police departments to prohibit the practice.
  • Reduce Crime Recidivism by Providing Ex-Offender Support: President Obama and Vice President Biden will provide job training, substance abuse and mental health counseling to ex-offenders, so that they are successfully re-integrated into society. Obama and Biden will also create a prison-to-work incentive program to improve ex-offender employment and job retention rates.
  • Eliminate Sentencing Disparities: President Obama and Vice President Biden believe the disparity between sentencing crack and powder-based cocaine is wrong and should be completely eliminated.
  • Expand Use of Drug Courts: President Obama and Vice President Biden will give first-time, non-violent offenders a chance to serve their sentence, where appropriate, in the type of drug rehabilitation programs that have proven to work better than a prison term in changing bad behavior.

How much these national priorities will be reflected in California in the wake of the failed Prop 5? It may well be that the tendency to release prisoners and eliminate parole, supported by Governor Schwarzenegger as a budgetary emergency measure, may actually reflect some of these priorities.