Rehabilition

Rehabilitation Paper
Jennifer Head
AJS/502
January 28, 2013
Joseph Laronge

This paper will debate the effectiveness of punishment compared with the effectiveness of rehabilitation of convicted offenders in prison. It will do so by addressing the following points: the effect on deterrence of crime, the effect on victims and victim’s families, the effect on the offender, the social effect on society and the fiscal effect on society.
Statistics on Recidivism and Crime Deterrence
According to the Bureau of Justice Statistics, the re-arrest rate for property offenders, drug offenders, and public-order offenders increased significantly during an 11-year period, from 1983 to 1994. These are the most current statistics available through the Bureau of Justice Statistics, and have been quoted in many other studies. During that time, the re-arrest rate increased: from 68.1% to 73.8% for property offenders, from 50.4% to 66.7% for drug offenders, and from 54.6% to 62.2% for public-order offenders. The re-arrest rate for violent offenders remained relatively stable at 59.6% in 1983 compared to 61.7% in 1994 (BOJS Reentry, 2013).
Reconviction rates did not change significantly from 1983 to 1994. Among, prisoners released in 1983, 46.8% were reconvicted within three years compared to 46.9% among those released in 1994. From 1983 to 1994, reconviction rates remained stable for released: violent offenders (41.9% and 39.9%, respectively), property offenders (53.0% and 53.4%), and public-order offenders (41.5% and 42.0%). Among drug offenders, the rate of reconviction increased significantly, going from 35.3% in 1983 to 47.0% in 1994 (BOJS Reentry, 2013).
The 1994 recidivism study estimated that within three years, 51.8% of prisoners released during the year were back in prison either because of a new crime for which they received another prison sentence, or because of a technical violation of their parole. This rate was not calculated in the 1983 study (BOJS Reentry, 2013).
Also, according to the Bureau of Justice Statistics, during 2007, a total of 1,180,469 persons on parole were at-risk of re-incarceration. Of these parolees, about 16% were returned to incarceration in 2007. Among nearly 300,000 prisoners released in 15 states in 1994, 67.5% were re-arrested within three years. A study of prisoners released in 1983 estimated 62.5% were re-arrested. Of the 272,111 persons released from prisons in 15 states in 1994, an estimated 67.5% were rearrested for a felony or serious misdemeanor within three years, 46.9% were reconvicted, and 25.4% resentenced to prison for a new crime. These offenders had accumulated 4.1 million arrest charges before their most recent imprisonment and another 744,000 charges within 3 years of release (BOJS Recidivism, 2013).
The following crimes were the most common: prisoners with the highest re-arrest rates were robbers (70.2%), burglars (74.0%), larcenists (74.6%), motor vehicle thieves (78.8%), those in prison for possessing or selling stolen property (77.4%), and those in prison for possessing, using, or selling illegal weapons (70.2%). Within 3 years, 2.5% of released rapists were arrested for another rape, and 1.2% of those who had served time for homicide were arrested for homicide (BOJS Recidivism, 2013).
Effects on Victims
When a criminal is incarcerated the victim or the family has a sense of closure. When the inmate receives rehabilitation for their crime, the victim may feel the offender has not been punished. The victim may feel short-changed. Many times victims are allowed to speak at sentencing hearings.
Effects on the Offender The concept of rehabilitation rests on the assumption that criminal behavior is caused by something. This viewpoint does not deny that people make choices to break the law, but it does stress that these choices are not a matter of "free will." Instead, the choice to commit a crime is determined by a person 's environment, biology, or psychology. People are not created equal (mentally speaking), and thus free to able express their will. These differences characterize how people behave, including if they are likely to violate the law. When people are branded by these risk factors, they are more likely to become involved in crime than people not possessing these experiences and traits (“Rehabilitation,” n.d.).
The California Department of Corrections and Rehabilitation developed the ABCs of adult rehabilitation Access to basic education and drug treatment, Basing programs on evidence-based practices to reduce recidivism, and Capturing the skills of inmates and volunteers to augment the capacity of rehabilitative programs (CDCR, 2012). By assessing, basing, and capturing, the inmates are better prepared to enter back into society.
Sometimes rehabilitation is said to embrace a "medical model." When people are physically ill, the causes of their illness are diagnosed and then "treated." Each person 's medical problems may be different and the treatment will differ. This makes the medical involvement individualized. Therefore, people with the same illness may receive different medicines or treatments and stay in the hospital different lengths of time. Correctional rehabilitation shares the same logic, treatments are individualized. This is why rehabilitation is also referred to as "treatment" (Benson, 2003).
Until the mid-1970s, rehabilitation was a key part of United States prison policy. Inmates received court sentences that mandated treatment for their “problems.” Prisoners were encouraged to develop occupational skills and to resolve those psychological problems, such as substance abuse. Since then, punishment has forgone rehabilitation because of the "get tough on crime" approach as prison 's main function. This approach has created a tremendous growth in the prison population (Benson, 2003).
Incarceration can be detrimental to the recovery of a substance addict. Using jail time as punishment after treatment is harmful to the user’s sobriety (McVay, Schiraldi, & Ziedenberg, p. 16). They are sent to jail and removed from their normal lives and support system. These are an important part of recovery. Intensive treatment or closer monitoring of drug use would further the effectiveness in most cases. Addiction is not something that can be solved in a short time, and going to jail can reverse the positive effects that treatment has had on the user. Just like weight loss, they did not gain the weight in a day; they will not lose it in a day (Mitchell, 2010).
Out-of-prison rehabilitation and treatment for drug offenders is more effective than imprisonment. It is more cost-effective, lowers recidivism rates, and helps get to the root of the problem of addiction. Treatment leads to fewer crimes committed, which lowers the number of people incarcerated at any given time. Less money is spent on prison and jail, so that money can be used for treatment programs (Mitchell, 2010).
Social Effect on Society
As a result, the United States currently has more than two million people in prisons or jails, the equivalent of one in every 142 U.S. residents, and another four to five million people on probation or parole. A higher percentage of the population is involved in the criminal justice system in the United States than in any other developed country. Somewhere between 15% and 20% of people in prison are mentally ill, according to U.S. Department of Justice estimates. In the past decade many prison systems have realized that providing mental health care is a necessity (Benson, 2003).
To shift the focus from punishment to rehabilitation, psychologists are doing research on the causes of crime and the psychological effects of incarceration. Researchers found that a cynical attitude toward rehabilitation helped justify the retributive prison policies of the 1970s. When properly implemented, these rehabilitation programs help ease a prisoner’s transition into free society (Benson, 2003).
The Florida Legislature passed the Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators’ Treatment and Care Act. (Jimmy Ryce Act) on May 1, 1998. The Act directs the Secretary of Children and Family Services to create a multidisciplinary team that will determine if an inmate is a “sexually violent predator.” The only statutory guideline for the team’s composition is that it must include “two licensed psychiatrists or psychologists, or one licensed psychiatrist and one licensed psychologist.” One hundred and eighty days prior to releasing an inmate convicted of a sexually violent crime, the agency controlling the inmate must notify both the multidisciplinary team and the relevant state attorney of the inmate’s impending release. The team then determines if the inmate is a “sexually violent predator” (MCA, 2007). This act protects society from sexually violent predators re-committing a crime.
On Sept. 11, 1995, Jimmy Ryce was abducted after getting off his school bus in the Redlands, south of Miami. Evidence was found in Juan Carlos Chavez’s trailer. Chavez led authorities to his dismembered body. After Jimmy’s death, a law was passed bearing Jimmy’s name. It keeps sexual predators in custody even after their sentences are completed if they are found to be still a danger to the community (MCA, 2007). Juan Carlos Chavez was sentenced to death and is still appealing his sentence. However, this act may prevent him from being released if his execution is stayed.

Fiscal Effect on Society
A report by the organization, "The Price of Prisons," states that the cost of incarcerating one inmate in Fiscal 2010 was $31,307 per year. "In states like Connecticut, Washington state, New York, it 's anywhere from $50,000 to $60,000," the organization pronounces. Up to $60,000 a year that is a teacher 's salary, or a firefighter 's. The epidemic of incarceration costs taxpayers $63.4 billion a year. The United States has about 5% of the world 's population, but has 25% of the world 's prisoners, more than any other developed country in the world (Teichner, 2012). Providing treatment outside of jail is more cost-effective. It costs about $2,000 to $7,000 per person per year (Natarajan et al., p. 14). Drug treatment inside jail or prison costs $24 more per day than above and beyond the basic costs of incarceration. That is an additional $8000 to $9000 per person per year. Drug treatment in prison provides a benefit of about $1.91-$2.69 per dollar spent on the program, compared to an out-of-prison program, which has a benefit of about $8.87 for every dollar spent (Teichne , 2012).
In conclusion, the costs of incarceration far outweigh the costs of rehabilitation. The benefits of rehabilitation outweigh incarceration. Based on the information researched and provided, a prisoner who has completed a rehabilitation program is less likely to recommit a crime if the underlying cause is treated. The rehabilitation process produces a more productive person for reintroduction into society.

References
Benson, E.(2003, July) Rehabilitation or Punish? American Psychological Association. Retrieved from http://www.apa.org/monitor/julaug03/rehab.aspx
Bureau of Justice Statistics: Reentry Trends in the U.S. (2013) Retrieved from http://bjs.ojp.usdoj.gov/content/reentry/recidivism.cfm
Bureau of Justice Statistics: Recidivism (2013) Retrieved from http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=17
California Department of Corrections & Rehabilitation (CDCR): Adult Programs (2012). Retrieved from http://www.cdcr.ca.gov/Adult_Programs/index.html
The Florida Senate: CS/CS/HB 1097 Sexually Violent Predators. Retrieved from http://www.flsenate.gov/Committees/billsummaries/2012/html/154
MCA, (2007). “An ounce of Prevention: Jimmy Ryce Act.” Retrieved from http://missingchildprevention.wordpress.com/2007/04/05/jimmy-ryce-act/
McVay, Doug, Vincent Schiraldi, and Jason Ziedenberg. Treatment or Incarceration?: National and State Findings on the Efficacy and Cost Savings of Drug Treatment Versus
Imprisonment. Washington, D.C.: Justice Policy Institute, 2004. Web.
Mitchell, K. (2010). Rehab or Prison. Retrieved from http://beyondorange.wordpress.com/2010/05/02/rehab-or-prison/
Natarajan, Nila, et al. Substance Abuse Treatment and Public Safety. Washington, D.C.: Justice Policy Institute, 2008. Web.
Rehabilitation. (n.d.) In Encyclopedia online. Retrieved from http://www.encyclopedia.com/topic/Rehabilitation.aspx
Teichner , M. (2012, April) The cost of a nation of incarceration. CBS News. Retrieved from
http://www.cbsnews.com/8301-3445_162-57418495/the-cost-of-a-nation-of-incarceration/

References: Benson, E.(2003, July) Rehabilitation or Punish? American Psychological Association. Retrieved from http://www.apa.org/monitor/julaug03/rehab.aspx Bureau of Justice Statistics: Reentry Trends in the U.S. (2013) Retrieved from http://bjs.ojp.usdoj.gov/content/reentry/recidivism.cfm Bureau of Justice Statistics: Recidivism (2013) Retrieved from http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=17 California Department of Corrections & Rehabilitation (CDCR): Adult Programs (2012). Retrieved from http://www.cdcr.ca.gov/Adult_Programs/index.html MCA, (2007). “An ounce of Prevention: Jimmy Ryce Act.” Retrieved from http://missingchildprevention.wordpress.com/2007/04/05/jimmy-ryce-act/ Imprisonment. Washington, D.C.: Justice Policy Institute, 2004. Web. Mitchell, K. (2010). Rehab or Prison. Retrieved from http://beyondorange.wordpress.com/2010/05/02/rehab-or-prison/ Natarajan, Nila, et al. Substance Abuse Treatment and Public Safety. Washington, D.C.: Justice Policy Institute, 2008 Teichner , M. (2012, April) The cost of a nation of incarceration. CBS News. Retrieved from http://www.cbsnews.com/8301-3445_162-57418495/the-cost-of-a-nation-of-incarceration/