The Great Recession Has Forced a New Exploration of Rehabilitation Instead of Retribution in Sentencing

An interesting debate as been growing in the media about whether refocusing the criminal justice system back towards rehabilitation is a smart budget cutting move. Michigan Department of Corrections Director Patricia Caruso has channeled significant resources into rechanneling corrections towards community based supervision and away from incarceration. Despite significant evidence that this works, vast improvements criminogenic predictive tests, and technology for enhanced supervision, prosecutors continue to argue that the only cure is long prison sentences. Earlier this month, the New York Times had a fascinating story about this. Meanwhile a report from Texas (of all states) notes a significant cost savings and reduction in reoffenses in cases utilizing a similar approach. To read the story, click here. Similarly, a report from the National Conference of State Legislatures notes similar trends in many states. For more information on these sentencing/parole predictors from an academic perspective, explore this article (pay access) by Professors Davis, Severy, Kraus, and Whitaker;

Michigan Legislature is Considering Limited Restoration of Good Time, Disciplinary Credits, or Something Similar

According to Sunday’s Lansing State Journal, the Legislature is considering a proposal by Rep. George Cushingberry (D-Detroit) to reinstitute the "good time" system for nonviolent offenders - a measure that would reduce prison expenditures. It is pending in the House Judiciary Subcommittee. Ten years ago, the Michigan Legislature eliminated Disciplinary Credits in the name of “Truth in Sentencing.” Like their prior attempt to eliminate good time in 1978, this resulted in massive prison building project and bank busting budget. Michigan’s version of Truth in Sentencing is far more unyielding than its federal counterpart. Federal prisoners can earn roughly fifty to sixty days off their sentence per year based on their behavior. As noted elsewhere on this blog, the United States Supreme Court has granted certiorari to resolve just how many days a federal inmate can receive, but the Federal Government also has “truth in sentencing” and their inmates clearly receive some time off their sentence.

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Detroit Free Press article reported on November 18th that Governor Granholm stated that she would support some form of good time restoration. To read former Correction Director Robert Brown’s presentation on the cost of Michigan’s Truth in Sentencing Bill, click here. To read the Legislative Summary of the Bill, click here. Click here to visit the Friends of George Cushingberry Blog which contains some information on this bill.

Arizona Considering Privating Most of Its Prisons

Saturday’s New York Times reports that Arizona is considering privatizing nine of its ten prisons. While states have privatized some of its prisons, this will be the first time that a state considers such a wide spread attempt at privatization.

SCOTUS Strikes Down New York's Attempt to Bar Prisoner Civil Rights Suits

In the last of three plenary cases decided yesterday, the Court ruled that it is unconstitutional for a state to bar all damage lawsuits brought under federal civil rights law against prison officers or guards, allowing instead only a claim against the state itself in a special claims court.  Justice Stevens wrote for a 5-4 majority striking down a New York law as a violation of the Constitution’s Supremacy Clause. Haywood v. Drown, SCOTUS No. 07-10374.