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| A Maximum Security Prison in the Netherlands |
The following are some reflections from my conversation with Frans.
The Netherlands is a country of
16 million people, yet, as of late-2013, there were only 13,749 people incarcerated
in the entire country.[i] Frans indicated that his country is rapidly
closing prisons, and that the actual prison population is now closer to 8,000. For
perspective, New York has a population of 19 million with an incarcerated
population of 53,000[ii];
and New York is the leading state in terms of reductions in its prison
population. I asked Frans his thoughts on why there is such a stark difference
between our two countries in terms of the number of people they incarcerate. His
response should be instructive.
First, the Netherlands simply
does not incarcerate people for possession of a controlled substance. Conversely, Texas incarcerates more than
14,000 people in prison or state jail for possession[iii]—not
trafficking or dealing—but merely for possession. The state pays more than $265
million per year to house these individuals. Imagine the improvements in
quality and availability of drug treatment we could achieve with even a
fraction of that amount. It is important to note that, despite the Netherland’s
relaxed drug policies, the prevalence of drug abuse in that country is actually
far lower than in the United States.[iv]
Second, prison is seen a last
resort in the Netherlands. Frans reminded me that his country’s attitudes
toward incarceration were informed by leaders who had themselves been incarcerated.
Nearly 350,000 people from the Netherlands were abducted and forced into labor
under Nazi rule during World War II.
Frans mentioned several times during our visit that many Dutch consider
incarceration to be one of the most devastating things the government can do to
another human being.
As a result, the country utilizes many other approaches, such as community supervision, treatment, and electronic monitoring, to avoid placing someone in prison.
Frans emphasized that criminal
behavior often mirrors the very circumstances one finds within a society. Where there are communities with high rates
of abuse, violence, drug addiction, and alcoholism, criminal behavior is an
inevitable consequence. Therefore, the Dutch are more diligent in supporting
the resources that address those issues. During his stay in Houston, Frans was
shocked by the number of homeless people walking the streets. He also noticed
an astonishingly high number of armed police walking those streets. Frans
questioned why Texas would spend such an inordinate amount of money on police
when we could achieve even better and less costly public-safety outcomes by
investing in mental health and substance abuse resources.
These are not outlandish ideas.
Seattle developed a similar approach to criminal justice. Instead of arresting people
for crimes such as drug possession or prostitution, police in that city divert
them to community organizations where they receive treatment. These are
populations that tend to cycle in and out of jails and prisons, yet the same
population in Seattle was 60% less likely to be re-arrested when diverted to
community organizations compared to those who were arrested and taken to county
jail.[v]
In terms of corrections, our
countries could not be more different. In the Netherlands, nearly all
incarcerated individuals are seen as “temporary residents.” In fact, there are
only 35 people in the entire country serving life without parole. Further,
people tend to serve fewer years in prison in the Netherlands for the same
crimes committed in the U.S. The result is an emphasis on preparing
incarcerated individuals for inevitable release. While incarcerated, people
work in jobs that instill meaningful skills. They engage in treatment. Frans is
the warden of three separate units, yet he could tell me the cognitive and
intellectual deficits of each individual in his custody so that he could ensure
that the programming is individualized to their needs.
They don’t throw people away in
the Netherlands. Frans told me of one exceptionally violent individual in his
care. The individual had committed crimes serious enough to warrant a lengthy
sentence. After years of incarceration, the man had given up hope of a life
outside prison. He had receded into himself, and spent most of his days in his
cell. Frans tried a different approach.
“If it were your child, would you give up on rehabilitation?”
With nearly 40 years
of experience in corrections, the Netherlands gave Frans the latitude to try
even more innovative approaches. As
warden of three prisons, he was able to turn one of them into a self-supporting
unit. The residents grow and cook their
own food. They develop products such a landscaping tools for sale on the open
market, which provides a small income to prepare incarcerated individuals for
release while decreasing overall prison costs by 30 percent. Frans created
reintegration centers within his prisons where residents can meet employers and
prepare for inevitable release.
In Texas’ prisons, incarcerated
individuals can obtain a G.E.D., and may be able to obtain vocational skills if
they can afford to pay for the classes themselves. Waiting lists for vocational
training in high-demand trades such as welding can be years long. Very little
is done to prepare people for release other than helping them to obtain a Social
Security card and providing a list of community resources upon release. There is no wonder that the overall re-arrest
rate for people coming out of Texas prison is 46 percent, and above 60 percent
for those released from state jails.[vi]
There are many differences
between the U.S. and the Netherlands. It
is unrealistic to expect our criminal justice models to mirror one
another. However, Texas could create
safer communities at a lower cost by simply shifting to a mindset that:
- Does not criminalize addiction,
- Makes incarceration a last resort,
- Invests in resources to address social problems such as addiction and mental illness, and
- Treats prisoners as “temporary residents” who will one day rejoin our communities.
I plan to stay in
touch with Frans in the months and years to come. In my job at Texas Criminal
Justice Coalition, we are advocating for sentencing reforms to lower penalties
for drug possession. Much of this work will involve shifting resources to make
community supervision far more effective. It gives me hope to know that other
countries have achieved even lower crime rates than the U.S. without such a
heavy reliance on incarceration. More than that, I’m grateful to have a friend who treats those involved with the criminal justice system with genuine compassion.
Citations
[i] Subramanian,
Ram and Shames, Alison, Sentencing and
Prison Practices in Germany and the Netherlands: Implications for the United
States, (October, 2013), Vera Institute Center for Sentencing and
Corrections, http://www.vera.org/sites/default/files/resources/downloads/european-american-prison-report-v3.pdf
[iii]
Texas Department of Criminal Justice, 2014
Statistical Report, (February, 2015) http://www.tdcj.state.tx.us/documents/Statistical_Report_FY2014.pdf
[iv]
World Health Organization, Prevalence of
Drug Use Disorders, http://gamapserver.who.int/gho/interactive_charts/substance_abuse/bod_drug_prevalence/atlas.html
[vi]
Legislative Budget Board, Statewide Criminal and Juvenile Justice Recidivism
and Revocation Rates, (February, 2015), http://www.lbb.state.tx.us/Documents/Publications/Policy_Report/1450_CJ_Statewide_Recidivism.pdf