Page numbers refer to the print edition but are hyperlinked to the appropriate location in the e-book.
21st Century Drug Policy, 267
Adverse Childhood Experiences Study (ACE), 174
Afghanistan, U.S. interdiction in, 258
African Americans, posttraumatic stress disorder (PTSD) and, 112
Alcoholics Anonymous, 270, 276
alcohol use, 64; combined with mental illness, 190–191; effect on executive function, 107; in prisons, 254. See also drug use
Allegheny County Mental Health Court, 309
American Civil Liberties Union (ACLU), 302
American Medical Association (AMA), 266, 284
American Prosecutors’ Research Institute (APRI), 150, 153, 160
American Psychiatric Association (APA), 121, 265, 266
American Psychological Association (APA), 120–121
Anti-Drug Abuse Act of 1986, 27, 72
antisocial thinking and behavior, 85, 87, 105; executive dysfunction and, 107; exposure to violence, effect on, 110; neuroplasticity and, 118; trauma and, 112
appointed counsel systems, 160
Arizona Drug Treatment Alternative to Prison (DTAP), 311
Arkansas, parole revocation reduction in, 332
arson, criminal justice cost of, 299, 300
ASI (Addiction Severity Index), 145
attention deficit hyperactivity disorder (ADHD), 106, 108, 109, 113
Attorney General of United States, 7–8
autism spectrum disorder, 108
behavior, factors affecting: attention deficit hyperactivity disorder (ADHD), 113; disordered attachment, 108; executive dysfunction, 106–108; exposure to violence, 110; mental illness, 101–102; neglect, 108; neurological and neurocognitive disorders, 102–106; neuroplasticity, 115–119; poverty, 108; intelligence, 108; trauma, 111–112. See also correctional intervention
behavior activating system (BAS), 104–105
behavior inhibiting system (BIS), 104–105
biological vulnerability, 84–85, 86
Black Guerilla Family, 70
blacks: under correctional control, 17; in gangs, 70; incarceration rates, 18
Board of Health Care Services, 189
Borgenschneider, Karen, 328
“broken windows” theory of crime, 201, 283
Buchholz, Jonathan R., 205
Bureau of Justice Assistance, 95, 248, 251
Bureau of Justice Statistics (BJS), 153, 189
Bush administration (George H.W.), drug control under, 258
Bush administration (George W.): drug control under, 258; reentry initiative by, 242–243
California: impatient treatment beds in, 188; parole in, cost-benefit analysis of, 316; performance-incentive funding (PIF) by, 5, 232–233; prison-based intervention in, 314; prison capacity, 34–35; probation system, 35–36, 215–216; Proposition 36, 309–310
California Preventing Parolee Failure Program (PPFP), 316
Callanan, Valerie J., 316
Canadian Sentencing Commission, 73
“Cannabis Policy” (report), 286
Center for Effective Public Policy, 248
Center on Budget and Policy Priorities, 302
“The Challenge of Crime in a Free Society” (report), 49–50
Circumstances, Motivation, Readiness, and Suitability (CMRS) scale, 83
civil rights movement, 22
Clinton administration: drug control under, 258; U.S. criminal justice policy under, 28–30, 51
cognitive-behavioral therapies (CBT), 87; neuroplasticity and, 116–119; quality of programs and therapists, 100–101
Colorado, marijuana decriminalization in, 288
Colorado Symptoms Index, 308
Columbia, U.S. interdiction in, 258
Columbia University National Center on Addiction and Substance Abuse, 273
community-based drug treatment, 307
community-based rehabilitation, 5
community-based treatment, 92, 205
Community Oriented Policing Services (COPS), 95, 323–324
Comprehensive Crime Control Act of 1984, 50
conduct disorder (CD), 86
Confederate Knights of America, 70
Congressional Research Service (CRS), 187
Connecticut, prison-based intervention in, 305
Connolly, Michele M., 221
Conservative Case for Reform, 337–338
corporations, private, 53, 335
correctional boom, 14–18; corporations benefiting from, 53, 335; cost increases, 5–6, 15; crime decline, whether resulted in, 57; effect of drug control on, 253–254; incarceration vs. community supervision, 35; and increase in crime, 53; and increase in drug offenders, 44; increase in facilities, 29, 34–35; increase in incarcerated offenders, 44; and prison population growth, 14–15, 18; reasons for, 33–34; sustainability of, 51–53
correctional facilities: increase in, 34–35; as misnomer for prisons, 77; sustainability of, 51–53. See also prisons
correctional industry, 53, 335
correctional intervention: assessment of, 89–90; balance with diversion programs and incarceration, 330–337; barriers to success in, 100; community-based, funding of, 5; continuing care, 89; cost-benefit analysis of, 306–307; as driver of indeterminate sentencing, 23–24; executive function improvement by, 117; failure to implement, 78–80; fidelity in developing and operating, 88; funding of criminal justice for, 166; implementation of. see evidence-based practices implementation; monitoring and evaluating, 23–24, 89–90; neuroplasticity and, 115–119; prison-based, cost-benefit analysis of, 305–306; for probationers, 220–222; problem-solving approach to, 91; prosocial environments for, 90; public opinion about, 48, 167; relapse prevention, 89; risk and needs assessment, 81–83; staff training, 90–92; targeting, 84–88; treatment readiness, 83–84, 137
Corrections Corporation of America, 53, 335
cost-benefit analysis: of correctional intervention programs, 306–307; of drug courts, 312; of incarceration, 303–304; of in-prison intervention, 305–306; of reentry programs, 313–318
Cost Benefit Knowledge Bank, 317
costs of criminal justice, 297; direct and indirect, 299–301; diversion courts and programs, 205–206, 307–313; drug treatment, 264, 274; impact of lifetime offending and desistence, 301–302; incarceration costs, 62; increase in, 5–6, 15; mandatory sentences and, 74; over time, 302–303; probation, 210, 231–232; problems affording, 6–7; reforms motivated by, 11; savings in from drug courts, 180–181. See also funding
court-based postbooking diversion, 196–197
Crime Control Act of 1990, 50
criminogenic needs: assessment of, 81–83, 155–156, 217–218; dynamic, 84; identification, diversion courts and programs, 178; multiple, 84–85; prioritizing, 85; of probationers, 220–222, 225–226, 228
crisis intervention teams (CITs), 195
Dangerous Mentally Ill Offender Program (DMIO), 315–316
Dead Man Incorporated, 70
death penalty: under Clinton, 28, 29; under Obama, 33; vengeance and, 47; whether reduces crime, 58
deferred adjudication, 185
Democracy in America (Tocqueville), 19
Department of Defense, involvement in War on Drugs, 258
Diagnostic and Statistical Manual of Mental Disorders (DSM), 265
discrimination in sentencing, 37–38
disordered attachment, 108
District Attorneys, leadership in sentencing reform, 160
diversionary sentencing, 137, 166
diversion courts and programs: assessment of offenders in, 173–176; balance with intervention and incarceration, 330–337; collaboration in, 176–177; community courts, 201–204; community engagement in, 176; cost-effectiveness of, 205–206, 319; costs of, 307–313; criminogenic needs identification, 178; individualized justice in, 177–178; information and expertise required, 173–176; funding for, 206, 335; low-level misdemeanor diversion, 201–204; mental health courts, 198–201, 309; offender accountability in, 178–179; postbooking jail diversion, 196–198; prebooking diversion, 194–196; public opinion on, 206–207; types and designs of, 172–173. See also drug courts; parole; probation
domestic violence education programs, 307
Downtown Austin Community Court, 203
Drug Abuse Treatment Outcome Studies (DATOS), 277
drug control: Anti-Drug Abuse Act of 1986, 27, 72; assessing readiness for treatment, 83; asset seizure and retention by law enforcement, 259; under Bush (George H.W.), 28, 258; under Bush (George W.), 258; under Clinton, 258; crackdowns, 67; effect on incarceration boom, 253–254; failure of, 260–263, 291–292; federal guidelines for, 132; focus on controlling supply, 258–259; focus on distributors, 264; funding for, 259, 268; harm reduction, 281–283; impact of, measuring, 259; incapacitation’s effect on, 69; increase in incarcerated offenders, 44; mandatory sentences for offenders, 71–72; net widening for, 43–44; under Nixon, 25, 257; under Obama, 266, 282, 284–285, 338–339; penalties for offenders, 8; price elasticity effects and, 264; public opinion on, 262–263; under Reagan, 27, 257–258, 261; replacement effect and, 264; Rockefeller Drug Laws, 72, 125; sentences for offenders, 39, 42, 43
drug courts: caseloads in, 183, 185; case management, 182; consistent point of entry into, 181; correct implementation necessary, 162; cost-benefit analysis of, 180–181, 312; effect on prison admissions, 330; effect on recidivism, 180, 312; eligibility criteria, 183–185; key components of, 181–182; multidisciplinary team approach, 182; probation without verdict, 185; role of judge in, 181; sanctions and incentives, 181–182; scarcity of, 80; treatment programs and, 182
Drug Enforcement Administration (DEA), 25
Drug Offender Sentencing Alternative (DOSA), 305–306
Drug Policy Commission, U.K., 262
drug-related crime: prevalence of, 254; violent, 257, 258, 282
drug treatment, 179–180, 269–271; aftercare, 280; behavior therapies, 280; budget of, vs. supply reduction budget, 259; community-based, 307; cost-effectiveness of, 264, 274, 278–279; drug court and, 182; effect on recidivism, 276; efficacy of, 277–280; evidence-based practices for, 92; federal government leadership needed in, 295; in free world vs. in prison, 270; health insurance for, 267, 271, 293–295; under Obama, 267, 274; outcome measures for, 90; pharmacological, 280; prison-based, 275–277, 314; probation with, 309–310, 311; readiness for, 280; relapse prevention, 89; return on investment in, 256; Rockefeller Drug Laws reform and, 310; Screening, Brief Intervention, and Referral to Treatment (SBIRT) model, 271–275; therapeutic community (TC) model, 275
Drug Treatment Alternative to Prison (DTAP), 311
drug use: during 1960s and 1970s, 23; abuse prevention, 268–269; among offenders, 64; cocaine, 257–258, 260; combined with mental illness, 190–191; crack, 27, 33, 257–258, 259; economic impact of, 255–256; effect on behavior, 102; emergency room visits related to, 255; executive function, effect on, 107; hallucinogens, 260; heroin, 259, 260; homelessness and, 255; marijuana, 33, 259–260, 261, 268, 269, 285–286; methamphetamine, 259; origin of drugs, 256–257; in prisons, 237, 238, 254; as public health concern, 265–268; public opinion on, 265; punishment for, ineffectiveness of, 264; recreational vs. addictive, 290; therapeutic interventions and, 85; trends in, 260; U.S. demand for drugs, 290–291
dynamic criminogenic needs, 84
education opportunities, 64
Effective Practices in Community Supervision Settings (EPICS), 229–231, 248
elected officials, public opinion and, 46, 49
embezzlement, criminal justice cost of, 299, 300
employment opportunities, 64
Evidence-Based Policymaking (Borgenschneider and Corbett), 328
evidence-based practices (EBPs): adoption of, 92; policymaking driven by, 327–328; recidivism reduction through, 333–334; resistance to program development, 5; state support of, 4–5
evidence-based practices for probation, 216–217; balancing surveillance and risk management with intervention, 225; devoting resources to high-risk offenders, 220; front-loading supervision resources, 220; goal clarification, 219; identifying risk and needs, 220–222; implementation of, 227; problem-solving, 220; reducing officer caseload, 227; responsivity principle, 219–220; social control, 223; supervision in community, 222–223; swift and certain sanctions, 223–225
evidence-based practices implementation: barriers to success, 99–100; exploration and adoption phase, 94–96; full operation phase, 97; initial implementation, 96–97; innovation phase, 97–98; outcomes of when successful, 94; overview, 93; political support for programs, 99–100; installation phase, 96; sustainability of, 98–101
evidence-based practices in psychology (EBPP), 120–121
exploration and adoption phase, of evidence-based practices implementation, 94–96
facilitative leadership, 99
family-based intervention, 87, 90
flight or flight system (FFS), 105
Florida: charges for possession of marijuana, 288; prison capacity, 35
fraud, criminal justice cost of, 299, 300
full operation phase, of evidence-based practices implementation, 97
Functional Family Therapy, 87
funding of criminal justice, 5; collaborative decision-making, 158–159; correctional intervention, 166; diversion courts and programs, 206, 335; drug control, 259, 268; parole, 250; prison funding, 6–7; probation, 210, 213, 231–234, 335; problems affording, 6–7; program funding, 99–100; by state, 5. See also costs of criminal justice
gangs: drug dealing by, 283; incapacitation’s effect on, 69–70
genetic predispositions, 103
GEO (corporation), 53, 335
Georgia: bipartisan efforts in, 339; House Bill 349, 165
Global Commission on Drug Policy, 261
Hartney, Christopher, 168
Health Professional Shortage Areas (HPSAs), 187
High Performance Grant awards, 233
high-risk offenders: correctional intervention for, 85, 87–88; perceptions about, 100; probation for, 210–211, 220; risk assessment of, 145
Hispanics: under correctional control, 17, 18; in gangs, 70; percentage released from prisons, 237
Holland, decriminalization of drugs in, 286
Holmes, Oliver Wendell, 32
homicides: decline in under Clinton, 30; whether death penalty deters, 58
hypothalamic-pituitary-adrenal axis (HPA), dysregulation of, 110
Illinois, prison capacity of, 35
Immigration and Customs Enforcement (ICE) facilities, 16
incapacitation, 68–71; effect of mandatory sentencing on, 73; necessity of, 77; selective, 70, 73
incarceration: alternatives to. see correctional intervention; sentencing reform; balance with diversion programs and intervention, 330–337; candidates for, 154, 164–165; characteristics of individuals released from, 237; cost-benefit analysis of, 303–304; costs of, 15, 62; demographics, 18; drug control and, 44; of drug dealers, ineffectiveness of, 264; funding of, 5; incapacitation effect of, 68–71; increase in. see correctional boom; lack of opportunities after release, 64–65; mandatory sentences and rates of, 72; mentally ill inmates, 6; necessity of, 77; parents, incarcerated, 6; rates, 18, 52, 53; reentry into community after, 236; reincarceration, 6, 8, 60–61; sentencing of beyond court’s purview, 143; sustainability of, 51–53. See also prisons; recidivism; sentencing
indeterminate sentencing, 23–24, 36–37; combined with presumptive or suggestive guidelines, 163; move away from in 1980s, 26
initial implementation phase, of evidence-based practices implementation, 96–97
innovation phase, of evidence-based practices implementation, 96, 97–98
International Crime Victimization Survey (ICVS), 56–57
In The Public Interest, 335
IQ, 3; effect of exposure to violence on, 110; effect on behavior, 108; genetic predispositions affecting, 103; link to poverty, 109
judges: as community leaders, 136; judicial status hearings, 181; opinions about sentencing, 132–134; problem-solving strategies and, 139–142; in reentry courts, 251; role in drug courts, 181; supervision of probationers by, 141. See also sentencing
Juneau County Diversion Program, 310–311
Justice Center at Council on State Governments, 327
Justice Reinvestment Initiatives, 331
Justice Safety Valve Act, 165, 338
“Just Say No” campaign, 27, 258
juvenile programs, population of, 16
Kennedy, Anthony, 72, 138
King, Martin Luther Jr., 22
Kyckelhahn, Tracey, 75, 210
larceny, criminal justice cost of, 299, 300
law enforcement: asset seizure and retention by, 259; drug-related violence and, 283; prebooking diversion by, 194–196
leadership, facilitative, 99
liberty, balance with security, 32
life skills education, 307
Lindquist, Christine, 182
“Lock ‘Em Up” (Seligman), 55–56
Lowenkamp, Christopher, 93, 216
low-level misdemeanor diversion, 201–204
low-risk offenders, assessment of, 145
LSI-R (Level of Supervision Inventory-Revised), 145
Management and Training Corp., 335
mandatory sentences, 7, 42, 43, 70–71; cost-effectiveness of, 74; effect on incapacitation, 73; for drug offenses, 71–72, 125, 258; implementation of, 71–72; incarceration rates and, 72; judicial opinions about, 133; prosecutor’s role and, 151; scaling back of minimums, 125–126
marijuana decriminalization, 284–285, 295–296; manufacture and distribution regulation, 289; whether will increase initiation, 286–287
Maryland Reentry Partnership Initiative (MRPI), 314–315
Mascharka, Christopher, 71, 72, 74
Maxwell, Sheila Royo, 212
mediation, in plea bargaining, 157–158
medium-risk offenders, intervention for, 85, 88
men: under correctional control, 17; incarceration rates, 18; posttraumatic stress disorder (PTSD) in, 111
mental illness, 6, 64; combined with drugs or alcohol, 190–191; co-morbidity, 190; criminalization of, 193, 194–195; definition of, 190; effect on behavior, 101–102; serious (SMI), 190; trauma and, 175; violent crime and, 101–102
mentally ill individuals: arrest of, 194–195; diversion of, cost-effectiveness of, 308; prebooking diversion of, 194–196; in prisons, 187, 189–190; released from prison, 315–316; training in dealing with, 194–195
Mexico: drug cartels in, 282–283; U.S.-consumed drugs from, 256–257; U.S. interdiction in, 258
Michigan: bipartisan efforts in, 340; parole revocation reduction, 332; reentry initiatives, 244–245; residents under correctional control, 17
Michigan Prisoner Reentry Initiative (MPRI), 244–245
middle management, change implementation by, 324
Mississippi, relaxation of truth in sentencing in, 332–333
Missouri: parole revocation reduction, 332; reentry process, 245
Most Important Problem (MIP) question, 45, 50–51
motivational interviewing (MI), 280, 324
motor vehicle theft, criminal justice cost of, 299, 300
multiple criminogenic needs, 84–85
Multi-Site Adult Drug Court Evaluation (MADCE), 181–182
Multi-Systemic Therapy, 87
murder, criminal justice cost of, 299, 300
National Alliance for Mental Illness (NAMI), 188
National Center for Community Prosecution (NCCP), 160
National Center for State Courts, 147, 161
National Center on Addiction and Substance Abuse, 255
National Council on State Courts’ (NCSC) survey, 132
National Crime Victimization Data, 5–6
National Criminal Justice Treatment Practices, 216
National District Attorneys Association (NDAA), 150, 160
National Drug Abuse Act of 1988, 258
National Drug Control Policy, 261, 267
National Institutes of Health, 255
National Leadership Forum on Behavioral Health/Criminal Justice Services, 175, 187, 192
National Offender Management System, 226
National Registry of Evidence-Based Programs and Practices (NREPP), 329
National Rifle Association (NRA), 186
National Survey on Drug Use and Health, 187–188
National Treatment Improvement Evaluation Study, 277
Nebraska Department of Correctional Services, 315
needle exchange programs, 281, 282
neglect during childhood, 104; disordered attachment and, 110; effect on behavior, 108; link to poverty, 109; treatment needs considering, 174
Netherlands, decriminalization of drugs in, 286
neurobiological considerations, 86
New Jersey, prison-based intervention in, 305
New York State: bipartisan efforts in, 340; community-based drug treatment, 311–312; Rockefeller Drug Laws reform, 310
North Carolina, community supervision cost-benefit ratios, 307
Northern Securities Co. v. United States, 32
Nugent-Borakov, M. Elaine, 152
Office of National Drug Control Policy (ONDCP), 28, 258, 274
Ohio, prison capacity in, 35
Omnibus Crime Control and Safe Streets Act, 50
oppositional defiant disorder (ODD), 86
Oregon: House Bill 3194, 165; reentry process, 244
Organization of American States (OAS), 286–287
organized crime, incapacitation’s effect on, 69
parole: age considerations, 298; collaboration with stakeholders in, 249; costs of, 307; cultural change needed in, 247–248; defined, 234; indeterminate sentencing and, 23–24; discretionary, 41–42, 235; effect on recidivism, 236, 239–241, 244; eligibility criteria, 234; elimination of, 40; expectations for, setting, 249; funding for, 250; growth of, vs. incarceration, 35; increase in life without, 126; lack of opportunities when on, 64–65; leadership in, 249–250; near-to-medium supervised release, 241; original purpose of, 234–235; population growth, 15; prosocial environments in, 249; reentry courts, 250–252; reentry initiatives, 242–246; release laws/policies, fragmentation over, 128; revocation of, 236, 247, 252, 331; risk assessment strategy, 248–249; sanctions used with, 331; strategies for, 242–247; supervision enhancement for, 338; truth in sentencing (TIS) and, 235
parolees, 239; employment opportunities for, 238, 240; housing for, 238; needing substance abuse treatment, 254
Patriot Act of 2001, 31–32
penalties for drug offenders, 8
performance-based contracting, 226
performance-incentive funding (PIF), 5, 232–233
Pew Center on the States, 17, 19, 36, 60, 64, 168, 233, 303, 304, 313, 317, 327, 332
Pew Charitable Trusts, 11, 340
Physicians and Lawyers for National Drug Policy (PLNDP), 266
police, 67–68; community policing, 94, 95, 323–324; liaisons between mental health professionals and, 195; pre-booking diversion by, 194–196; training for dealing with mentally ill, 196
political support for programs, 95, 99–100
pornography offenses, 42, 132
Portugal, decriminalization of drugs in, 286
positive reinforcement, 88
postbooking jail diversion, 196–198
poverty, 64; effect on behavior, 108; link to IQ, 109; mental illness and, 192; neurocognitive deficits associated with, 176; overview, 2–3
practitioner selection, 98
prebooking diversion, of mentally ill individuals, 194–196
predatory crime, under Bush (George W.) administration, 31–32
presentencing investigation (PSI) reports, 130, 145–147
presidential influence on public opinion, 46
President’s Commission on Law Enforcement, 49–50
President’s New Freedom Commission on Mental Health, 187
presumptive sentences and guidelines, 41–42
prisons: age of inmates, 70–71, 73; alcohol use in, 254; alternatives to. see correctional intervention; correctional facilities as misnomer for, 77; demographics, 18; downsizing, effect on public safety, 334; drug treatment in, 270, 275–277, 314; drug use in, 237, 238, 254; as economic drivers, 170–171; expansion of. see correctional boom; funding of, 5, 6–7; gangs in, 69–70; mental health treatment in, 191–192; mentally ill individuals in, 187, 189–190; population of, 14–15, 18, 330–331; intervention in, cost-benefit analysis, 305–306; in Texas, 30; unconditional releases from, 333. See also incarceration; recidivism; state prisons
private corrections corporations, 53, 335
probable cause, Patriot Act and, 32
probation: assessment plan, 221–222, 228; cognitive impairments and, 228; completion of, 219; conditions of, 208–209, 211, 219–220; costs of, 210, 231–232, 307; criminogenic needs of, 220–222, 225–226, 228; drug offenders on, 44; with drug treatment, 309–310, 311; effect on recidivism, 211, 218, 219, 221, 223–224, 225, 228; electronic monitoring while on, 310; evidence-based practices (EBPs) in, 216–217; failure rates, 212–213; funding for, 210, 213, 231–234, 335; goals of, 213, 219; growth of, vs. incarceration, 35; for high-risk offenders, 210–211; HOPE Court and, 67, 140; jail time and, 67; judge-monitoring of probationers, 141; limitations of, factors contributing to, 213; offender classification, 222; officer caseloads, 35–36, 210, 213; original purpose of, 209; population of vs. prison population, 209–210; positive reinforcement in, 223; problem-solving in, 220; programs and services available through, 214–215; public opinion on, 234; reintegration into community after, 219; resource limitations, 215; revocation of, 209, 212, 331; risk, need and responsivity (RNR) components of, 217–218; sanctions used with, 331; supervision in community, 222–223; violation of, 211, 218; without verdict, 185
probation officers: caseloads of, 227, 232; role of, 228–231; sentencing recommendations by, 146; training for, 229–231
Program for Offenders, Inc. (TPFO), 311
Promising Beginnings report, 339–340
property crime: in 1960s, 21; between 1968 and 1980, 26; in 1990s, 31; criminal justice cost of, 299, 300; percentage cleared, 63; percentage reported, 63
prosecutor’s role in sentencing: collaboration in sentencing, 156–160; community prosecution and, 152–154; goals of sentencing and, 151–152; mandatory minimum sentences and, 151; plea bargaining, 150–151, 152; responsibility for reducing recidivism, 154–155; risk and needs-based decision making, 155–156; sanction setter, 148–150; sentencing discretion, 132–133, 136–137; shift from case processing to problem solving, 152–154; sorting of offenders, 155–156; view of punishment, 149–150
prosocial environments, 90
psychiatric hospital system, 186–187
public opinion about crime, 45–47
public order offenses, 201
public safety, effect of prison downsizing on, 334
punishment: alternatives to. see correctional intervention; sentencing reform; behavior inhibiting system (BIS) sensitivity to, 105; certainty of, 59, 65, 66, 67–68, 223–225; focus on, 11; “not harsh enough” theory, 63–64; prosecutors’ view of, 149–150; severity of, 13, 58–59, 63–64, 66, 67; whether reduces crime, 55–56, 57–58. See also incarceration; sentencing; specific deterrence
quality of life offenses, 201
race-related civil disorders, 22
rape: during 1960s, 21; criminal justice cost of, 299, 300; decline in under Clinton, 30
Readiness for Change Questionnaire (RCQ), 83
Ready, Willing and Able program, 315
Reasoning and Rehabilitation 2 (R&R2), 119
recession of 2008, 7, 247
recidivism: effect of community courts on, 204; effect of drug courts on, 180, 312; effect of drug treatment on, 276; effect of evidence-based practices on, 333–334; effect of intervention on, 80, 85, 86; effect of mental health treatment on, 192–193; effect of parole on, 236, 239–241, 244; effect of prison-based intervention on, 305; effect of probation on, 211, 218, 219, 221, 223–224, 225, 228; effect of problem-solving strategies on, 139; effect of reentry programs on, 313–314; executive dysfunction and, 107; judicial opinions about, 133–134; lack of postincarceration opportunities and, 64–65; measuring, 60–61; as outcome measure, 89–90; probability of determined by risk assessment, 144; prosecutor’s responsibility in reducing, 154–155; reduction in as sentencing reform goal, 135–138
Reentry Court Solutions, 252
responsivity principle, 86
Returning Home project, 237, 239
robberies: during 1960s, 21; criminal justice cost of, 299, 300; decline in under Clinton, 30
Ross, H. Lawrence, 66, 117
sanctions: in community courts, 202; controlling prison populations using, 331; in diversion courts and programs, 178–179; in drug courts, 181–182; in probation, 223–225; setting by prosecutor, 148–150
Sandy Hook Elementary School (Newton, Conn.), 186
school-based drug prevention programs, 268–269
Screening, Brief Intervention, and Referral to Treatment (SBIRT) model, 271–275
search and seizures, Patriot Act and, 32
security, balance with liberty, 32
selective incapacitation, 70, 73
sentencing: based on assessments, 82; changes in time served, 332–333; classification of, 41; collaboration in, 138–142, 156–160; custodial. see incarceration; prisons; indeterminate, 23–24, 26, 36–37; determinate, 38–40, 41; indeterminate, 163; deterrent effect of, 58–59; discrimination in, 37–38; disparity in, 37–38, 74; diversionary, 137, 166; Federal Sentencing Guidelines, 7, 26–27, 39–42; fragmentation of laws/regulations about, 128–129; goals of, 151–152; harm and risk considerations in, 144–145; hybrid systems of, 41; judicial opinions about, 132–134; legislative government branches responsibility to, 129; leniency of, 38; noncustodial. see parole; probation; presentencing investigation (PSI) reports, 130, 145–147; presumptive sentences, 41–42; problem-solving strategies in, 138–142, 146; prosecutors’ discretion, 132–133, 136–137; public opinion on, 167; severity of, null effect of, 63; structured, 42; vengeance and, 47–48. See also mandatory sentences; prosecutor’s role in sentencing; sentencing reform; truth in sentencing (TIS)
Sentencing Attitudes Survey, 48
sentencing reform, 7–8; in 1980s, 26–27, 123–124; from 2001 to 2010, 125; affecting drug offenders, 43–44; barriers to, 127–128, 134; bipartisan alignment on, 337–340; challenges to, 169–171; collaboration in sentencing, 138–142; consequences of, 71–74; crime and recidivism reduction as goal, 135–138; Crime Bill of 1994 and, 42–43; crime decline, whether resulted in, 57; federal government leadership, 160; Federal Guidelines and, 40–42; judges’ role in, 138; judicial opinions about, 132–134; motivations for, 37–38; pre-sentencing investigation (PSI) reports, revision of, 145–147; problem-solving strategies in sentencing, 138–142, 146; risk assessment, 144–145; scaling back of mandatory minimums, 125–126; sentencing before reform, 36–37; Sentencing Reform Act of 1984, 26–27, 39–40, 71–72; sorting of offenders and, 130; statutory and structural changes, 163–167. See also prosecutor’s role in sentencing; sentencing
Sentencing Reform Act of 1984, 71–72
Serious and Violent Offender Reentry Initiative (SVORI), 243–244
serious mental illness (SMI), 190
“Shoveling It Up” (report), 255–256
social services: community courts as portal to, 203; integration of in courtroom, 141
socioeconomic status (SES): effect on behavior, 108–109; overview, 2–3. See also poverty
specific deterrence, 13, 37, 58; certainty of punishment and, 65, 66, 67–68; lack of effect, 63–64; lack of postincarceration opportunities and, 64–65; not addressing root causes, 65–66; past research lacking on, 61–62; recidivism and, 60–61; severity of punishment and, 66, 67
Staff Training Aimed at Reducing Rearrest (STARR), 229–231, 248
Stages of Change Readiness and Treatment Eagerness Scale (SOCRATES), 83, 280
State of the Union Addresses, 50
state prisons, growth in, 34
states: correctional control spending increases by, 15; correctional rates, 17; evidence-based programs, support of, 4–5; expenditures on criminal justice, 36; influence of federal government on, 24; funding by, 5; incarceration rates, 18; sentencing and release changes, 126
Strategic-Training Initiative in Community Supervision (STICS), 229–231, 248
structured sentencing, 42
Substance Abuse and Crime Prevention Act (SACPA), 309–310
Substance Abuse and Mental Health Services (SAMHSA), 3, 174
surveillance, Patriot Act and, 32
Substance Abuse and Mental Health Services Administration (SAMHSA), 118, 187, 255, 256, 329
Teaching Family Model, 87
Texas: access to public mental health care in, 188; community court in, 203; indeterminate sentencing in, 37; jail diversion program in, 197–198; mandatory parole in, 235; Medicaid expansion refusal by, 294–295; parole caseload, 36; parole revocation reduction, 332; prison closure by, 128; prison system, 30; residents under correctional control, 17
Texas Parole Commission, 83
theft, criminal justice cost of, 299, 300
therapeutic community (TC) model, 275
three strikes law, 70, 73
Tocqueville, Alexis de, 19
Travis County Texas Adult Probation department, 331
U.K. Drug Policy Commission, 262
unconditional releases, 333
Uniform Crime Reports (UCR), 21
United States. See entries beginning with U.S.
University of Rhode Island Change Assessment Scale (URICA), 83, 280
Uruguay, decriminalization of marijuana in, 287
USA Patriot Act of 2001, 31–32
U.S. criminal justice policy: 1960s, 20–26; 1980-1988, 26–27; 1988-1992, 27–28; 1992-2000, 26–27; 2000-2008, 30–31; 2008-present, 32–33; bipartisan alignment on, 337–340; under Bush (George H.W.), 27–28; under Bush (George W.), 30–31; under Clinton, 28–30; Commission on Law Enforcement and the Administration of Justice, 20–21; federalization of criminal justice policy, 49–51; influence on state decision-marking, 24; Goldwater and, 20; under Johnson, 20–21; lack of evidence supporting merits of, 61–62; under Nixon, 21–26; under Obama, 32–33; as path dependent/inertia driven, 127; under Reagan, 26–27. See also sentencing reform
U.S. criminal justice system: complexity of, 11; parts of, 129–130
Van Benschoten, Scott, 221
vandalism, criminal justice cost of, 299, 300
verdict, probation without, 185
Vermont, marijuana decriminalization in, 285
victimization, increase in, 5–6
violence, effect on behavior, 110
violent crime: 1960s, 21, 22–23, 26; 1970s, 26; 1990s, 31; drug-related, 257, 258, 282; increase in, 5–6; mandatory sentences for offenders, 39; mental illness and, 101–102; percentage cleared, 63; percentage reported, 63
Violent Crime Control and Law Enforcement Act of 1994, 29, 50, 51
Virginia: mandatory parole in, 235; standardized risk assessment, 82
warrants, Patriot Act and, 32
Washington State: Dangerous Mentally Ill Offender Program (DMIO), 315–316; Drug Offender Sentencing Alternative (DOSA), 305–306; incarceration cost-benefit ratio, 304; marijuana decriminalization in, 288; prison capacity, 35
weapons of offense, 42, 186
Wetherington, Gerald, 138
When Brute Force Fails (Kleiman), 67
wiretaps, Patriot Act and, 32
women: under correctional control, 17; incarceration rates, 18; posttraumatic stress disorder (PTSD) in, 111