Showing posts with label fair chance employment. Show all posts
Showing posts with label fair chance employment. Show all posts

Tuesday, August 30, 2016

Labor Day

I grew up watching the television program M.A.S.H. One of my favorite characters was “Radar”, the unassuming clerk with an uncanny ability to sense incoming casualties well before the sound of helicopters could be detected by human ears. He could anticipate the commander’s orders before they left his lips, and often had work completed before anyone else knew it was needed.

In prison, I met someone exactly like Radar. He was the gas garage clerk for the large mechanical shop where I was assigned. The department managed the entire fleet of gas-powered vehicles for the largest prison system in the country, and my co-worker seemed to know the mechanical history of nearly every vehicle in the fleet. You could give him the six-digit vehicle number, and he’d be able to tell you where it was assigned as well as its maintenance schedule.

During my time in prison, Texas cut state agency budgets dramatically, and prohibited the Texas Department of Criminal Justice from purchasing new vehicles. The departmental bosses relied so heavily on my co-worker to anticipate repairs before they were needed that they were able to keep vehicles with more than 400,000 miles on the road long past their life cycles.

I learned that the man had the same standard in his personal affairs as he did on the job. He volunteered in the Chapel and was a leader in the 12-step community. He practiced the principles of recovery, treating people with dignity and volunteering to help anyone seeking to recover from addiction. He became my mentor and my trusted friend. 
My friend was serving a 40-year sentence for stealing a package of cigarettes. 
He had experienced a traumatic childhood, and struggled his entire life with addiction. He had been arrested twice before for burglarizing vehicles, always to feed his addiction. After his second release from prison, he was able to stay sober for nearly five years before relapsing. On his last night of freedom, he pocketed cigarettes from a convenience store and fled in his car as the clerk ran after him to get his license plate. The prosecutor decided to charge him with robbery instead of theft, and claimed that my friend’s car was a deadly weapon because it could have harmed the convenience store clerk.

My friend refused to characterize his circumstance as injustice. He took responsibility for all of his mistakes, and believed that his work ethic and personal standards needed to be higher than anyone else’s if he were to be of use to others. 
It didn’t matter that he wasn’t paid anything for his work behind bars; he just needed to know that his efforts were valued by others.
He was not alone. During my time in prison, I met countless men who were driven by the same motivation. I will never forget the look of determination on the cook’s face when the kitchen boss allowed him to prepare chicken Parmesan for nearly 1600 men using frozen chicken patties and the limited ingredients available in prison. He beamed with pride when he returned to the cell block after a twelve hour unpaid shift.

In the mechanical shop, I knew a transmission expert who was small enough to fit into the engine compartment. He had no qualms about getting covered in grease and climb into the engine in order to avoid having to send a vehicle to an outside shop for a costly repair. Similarly, maintenance workers gladly sprang from bed in the middle of the night when called upon to fix toilets or electrical issues. Working around these men taught me to value my work in ways that I never had before.

Prison officials and state leaders often taut the occupational opportunities available to people in Texas prisons, framing them as an essential to rehabilitation. What is missing in this narrative is the fact that prisoners are doing the work of keeping the prisons operating, prisons that wouldn’t need to exist if we were to adequately address the factors that lead to crime in the first place.

The reality of Texas prisons is one of incapacitation, not of rehabilitation. People like my friend were thrown away by their communities; men who would have otherwise been productive members of the community had they had an opportunity for treatment or vocational programming. It should come as no surprise that Texas ranks near the bottom in terms of substance abuse treatment availability, yet ranks number one in the number of state prisoners.

I was proud to get to work alongside these men. They taught me to rise to the highest standard, even when there was no reward. It pains me to think about their children who will grow up without getting to learn from the example these men set for me. 
When I think about the human resources locked away behind our prison walls, I think of Texas as one of the most wasteful states in the entire world. 

Sunday, November 1, 2015

Nature of the Crime – Motion to Revoke

In 2014, more than 24,000 people were sent to prison in Texas due to probation violations.[i]  That is a number greater than the size of the entire federal and state prison population in 31 states.  
Probation revocations account for one-third of all people received by the Texas Department of Criminal Justice every year.  Moreover, nearly half of those people sent to prison based on probation violations did not even commit a new crime. They were simply unable to meet the conditions of probation, so the probation officer issued a Motion to Revoke based on “technical violations.”  Technical violations can include anything from not completing treatment to failure to report.

If Texas is going to achieve significant reductions in its prison population, it has to start with making probation more effective. Putting aside all the acclaim associated with drug and other specialty courts, probation is the primary diversion strategy to keep people out of prison.  There are about 221,000 people on felony probation in Texas, a number that is dropping for the reasons I discussed in the previous post.  Further, the felony community supervision revocation rate was higher in 2014 than it was five years ago.[ii] 
Fewer people diverted and a higher revocation rate will reverse the limited progress Texas has achieved in terms of reducing its prison population. 

The issue is about more than just reducing the size of our prison population.  It’s about helping people to address the problems that led to criminal justice system involvement, so that crime rates decrease and people can live productive lives. Successful community supervision reduces the effects of addiction and mental illness, increases employment stability, and improves the quality of the community. Probation officers who define success in this way are providing a valuable service in their communities. 

I met with the Chief of a medium-sized Community Supervision and Corrections Department (CSCD) last week, and hope to meet with several others in the near future.  I asked what it would take to reduce probation revocations and ensure that probationers never return to the criminal justice system. The Chief had a number of interesting ideas. He emphasized incentives over sanctions. Many probationers struggle with fees, so he allows people on his caseload to do additional community service hours in lieu of fees. He goes a step further. He counts participating in rehabilitative programming, from addiction recovery to GED classes, as community service.    

The Chief emphasized the need to improve services to people with special needs. He wants all of his officers to be trained in “trauma-informed care,” recognizing the correlation between past trauma and current addiction and mental illness. He also wants to see more specialty officers for a variety of caseloads, including people with substance abuse issues and veterans. He suggested that every CSCD have a social worker on staff to assist with housing, employment, counseling, and other issues that arise during the course of supervision. 

How a CSCD handles violations is critically important. Studies have indicated that it’s not just harsh sanctions for minor violations that is the problem.  Probation departments that are inconsistent or even lenient when it comes to violations tend to have high revocation rates, just as those departments that are overly harsh or punitive. Studies have shown that anticipated sanctions should be swift, certain, and progressive.[iii] Those states that have communicated expected sanctions for specific violations and are consistent when imposing sanctions tend to have lower revocation and recidivism rates.[iv]

Even when probationers continue to violate or even abscond, however, judges still don’t have to send them to prison. Probationers often abscond due to relapse, unpaid probation fees, or other factors that can be addressed without sending someone to prison.  Judges can refer probationers to Substance Abuse Felony Punishment (SAFP) Facilities (SAFP), which are operated by the Texas Department of Criminal Justice (TDCJ). When SAFP placements are combined with halfway house placement and aftercare, the recidivism rate for those who complete the program is 17% lower compared to those with similar needs who do not receive these services.[v]  Further, judges may also send probationers to TDCJ Intermediate Sanction Facilities for several months instead of sending them to prison. 
The emphasis should always be on helping people to be successful in the community, but judges must exercise every diversion strategy available before even considering prison placement. 
Even CSCD’s that embrace the goal of helping probationers to overcome addiction and become productive citizens know that they can’t do it alone. During my interview with the Probation Chief, someone passed by the office. The Chief called to the man and asked him to join us. The man had worked in the community supervision field for 37 years and was about to retire. Seeing a wonderful opportunity to learn from the best, I asked him, 
“What will it take to lower revocations and help people to succeed on probation?”  Without missing a beat, he said, “Help them to get jobs.”
Most employers remain entrenched in blanket bans on hiring anyone with a criminal history, particularly a felony record . The veteran probation officer said to me that probation departments need better collaboration with the Texas Workforce Commission and local employers.  The single leading factor in preventing someone from committing another crime is employment stability. 
Probation success leads to safer communities and fewer people in prison, but it will take the entire community, including employers, supporting the work of CSCD’s for them to achieve their goals. 
Citations

[i] Texas Department of Criminal Justice, “Report to the Governor and the Legislative Budget Board on the Monitoring of Community Supervision Diversion Funds,” December 1, 2014, https://www.tdcj.state.tx.us/documents/cjad/CJAD_Monitoring_of_DP_Reports_2014_Report_To_Governor.pdf
[ii] Legislative Budget Board, “Statewide Criminal and Juvenile Justice Recidivism and Revocation Rates,” February,2015, p. 3, http://www.lbb.state.tx.us/Documents/Publications/Policy_Report/1450_CJ_Statewide_Recidivism.pdf
[iii] Kleiman, Mark A. R., “Justice Reinvestment in Community Supervision”, Criminology and Public Policy (2011), Volume 10, Issue 3.
[iv] Ibid.
[v] Texas Department of Criminal Justice, “Evaluation of Offenders Released in Fiscal Year 2011 That Completed Rehabilitation Tier Programs, April,2015, p. 15, file:///C:/Users/Douglas/Downloads/TDCJ-Evaluation%20of%20Rehabilitation%20Programs%20-%20April%202015.pdf