ABSTRACT
The Italian system of the enforcement of the sentences has been shaped, since the enter into force of the Italian Constitution in 1948, on the rehabilitation principle but the path towards a real implementation of this pivotal goal is still ongoing. Moreover, conditions like the ones strictly linked to permanent prison overcrowding and reduced economical resources for the implementation of prison and probation staff stand as elements that slow down the achievement of the expected outcomes. In this complicated framework, people that committed a crime can count on a well structured system of alternative measures that have been improved and reinforced during the last twenty years. Despite the ongoing efforts for a better application of such measures, there are still specific issues linked, above all, to the most vulnerable people (foreigners and persons at the margins of the society) that are in the position to experiment substantial discrimination in regard to their lack of the fundamental elements asked by the law for the application of an alternative sanctions. To overcome the many problems still unresolved, the Italian prison and probation system is attaching great importance to the role of restorative justice, as a useful tool for achieving constitutional objectives. © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022. All rights reserved.
ABSTRACT
The COVID-19 pandemic had a critical impact on the Thai criminal justice system. The goal of this study is to explore policies and practices of Thailand's Department of Probation as it responded to the COVID-19 pandemic. This study surveyed probation officers in Thailand (N = 534) from March to April 2021, focusing on probation practices and case management issues prior- and post- COVID-19. Data reveals that, overall, the frequency of officer-offender contacts remained steady even though the type of contact changed after COVID-19. In-person contact was replaced by remote contact strategies, specifically telephone calls, which increased significantly following the onset of the pandemic.
ABSTRACT
The advent of the COVID-19 pandemic has seen the world change dramatically. For people in the Criminal Justice System (CJS), the pandemic has levied an even heavier toll. To date, the impact of the pandemic on the mental health of those within the CJS has been most acutely focused on people in prison. However, the impact of the pandemic on people on probation has carried similarly devastating costs to mental health. People on probation also have higher rates of suicide and suicidal ideation than in the general population. The implications of the pandemic and what it has meant for both service users and the probation staff who supervise them are therefore an area of vital concern. The mental health costs of the pandemic for Probation Service users have been immense. The impact of the pandemic has also been felt by service users residing in supported housing and approved premises. For probation staff the pandemic has shifted the boundaries of working, communicating and interacting with others. (PsycInfo Database Record (c) 2023 APA, all rights reserved)
ABSTRACT
This conclusion presents some closing thoughts on the concepts discussed in the preceding chapters of this book. The book is produced during the COVID-19 pandemic, an event that has drawn attention to the importance and fragility of good mental health. It presents the use of the Level of Service Inventory-Revised, Mental Health Service Evaluation and the Global Assessment of Functioning in probation in Ireland. The book discusses the use of the Kessler-6 in London and the idea that currently mental health services would be overloaded if screening positive on this measure alone was used to initiate a referral. It outlines the use of the Autism Quotient-10 to identify 'possible autism' and the Adult Asperger Assessment to gather a more detailed picture. The book discusses the use of drug specialists in probation practice. It highlights the central importance of a positive and consistent relationship between a person under supervision and their Probation Practitioner for positive mental health. This is important to build trust in order for an individual to be open about their mental health needs, and to minimise the potential trauma and stress that may result from having to retell a difficult story. (PsycInfo Database Record (c) 2023 APA, all rights reserved)
ABSTRACT
In the Spring of 2020, the COVID19 pandemic forced community corrections agencies to adapt their day-to-day processes for supervising individuals and maintaining public safety. These forced adaptations allowed the authors to explore how these changes (i.e., tele-supervision) impacted women and those who supervised them at a probation agency in a large metropolitan county in a Western U.S. state. To date, limited research surrounds how COVID-related adaptations impacted gender-responsive, or women-centered, community supervision caseloads. To address this gap in the literature, the current study utilizes a qualitative approach to explore the experiences of 17 community corrections staff and clients on gender-responsive probation supervision during the pandemic. Their narratives suggest both positive outcomes (e.g., accessibility, reducing tendencies to over-supervise) and challenges (e.g., accountability, lacking a relational component) with tele-supervision and tele-treatment models. It is critical to utilize the lived experiences of those directly impacted by COVID-related changes, including community corrections staff and clients, to help shape gender-responsive supervision moving forward. (PsycInfo Database Record (c) 2023 APA, all rights reserved)
ABSTRACT
In this study, the authors explore how young adults navigated the dual challenges of the COVID-19 pandemic and jail reentry in a large urban environment. Fifteen young adults (aged 18-25) participated in up to nine monthly semi-structured interviews to discuss their experiences of reentry during the height of the COVID-19 pandemic (i.e., spring and summer 2020). Participants held mixed attitudes and beliefs about COVID-19. Several participants viewed the pandemic as a hoax, while others took the pandemic more seriously, particularly if their friends and family members had contracted the virus. Yet nearly all participants viewed the pandemic as having a relatively minimal impact on their lives compared to the weight of their reentry challenges and probation requirements. Young adults described COVID-19 stay-at-home orders as limiting their exposure to negative influences and facilitating compliance with probation requirements. However, resource closures due to COVID-19, including schools, employment programs, and social services presented barriers to reentry success. The authors draw upon these findings to pose implications for interventions supporting young adult reentry. Supplementary Information: The online version contains supplementary material available at 10.1007/s12103-022-09683-8.
ABSTRACT
This article draws on a case study of how Massachusetts treatment courts responded to the COVID-19 pandemic to address two intersecting theoretical and policy questions: (1) How do actors who work within criminal legal organizations use the law to solve complex social and political problems? (2) How do organizations working within multiple, fragmented organizational fields respond to an exogenous shock? The findings draw on interviews with eighty-four treatment court judges and practitioners and build from neo-institutional approaches to the study of courts to show that legal actors and organizations pursue pragmatic approaches, strategically adapting to their external environments through buffering, which is protective, and innovation, which is transformative. Each strategy reflects the courts' autonomy or dependence on other organizations in the criminal legal and social service fields. The findings also provide insight into the social process of legitimation as personnel aligned beliefs with adaptation strategies, shifting understandings of surveillance practices and the utility of sanctions to meet overall court goals.
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OBJECTIVE: The purpose of this study was to understand the uses of telehealth with justice-involved adults under community supervision with substance use problems, including their experiences during the pandemic. METHODS: Structured interviews were administered among 17 justice-involved adults under community supervision about their experiences with telehealth services to treat substance use disorders. Thematic coding was used for the analysis. RESULTS: We identified 5 primary themes: (1) knowledge about and experiences with telehealth services during the pandemic; (2) telehealth services available; (3) service changes during the pandemic; and (4) individual motivations around treatment-seeking behavior. CONCLUSION: Overall, our findings reveal that many individuals on probation or parole appreciate having access to telehealth and found that modality convenient for counseling services. Findings shed light on participants' understanding of telehealth, their experiences in using the modality, and how this modality may serve their needs in other ways. External and internal barriers to accessing telehealth are also discussed.
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While Pre-exposure prophylaxis (PrEP) is efficacious in preventing HIV, little is known about PrEP use among those on community supervision. The Southern Pre-Exposure Prophylaxis Study (SPECS) investigates barriers and facilitators for PrEP initiation and use among adults on community supervision (e.g., probation, parole). Challenges to PrEP use in this setting are abundant. SPECS uses a mixed-methods sequential design, including a multi-site, prospective cohort study in three southern states - North Carolina, Florida, and Kentucky. This analysis describes individual demographic, criminal legal, and HIV risk factor characteristics, by site and enrollment status. Pooled association analyses accounted for site via stratified statistical tests. Between June 2019-March 2020, SPECS screened 702 individuals and enrolled 276 participants (39%). Of those who were eligible, 98% agreed to enroll. Age, gender, and sexual orientation varied by enrollment and by site, while race/ethnicity varied by site but not enrollment status. Criminal legal histories varied by enrollment and HIV risk factors varied by site. SPECS provides a granular and detailed assessment of HIV risk in three diverse southern settings. It highlights how the level and type of HIV risk varies by location and by nature of criminal legal involvement and calls for the need for context-specific interventions for HIV prevention.
ABSTRACT
[...]most individuals who are under correctional control serve time in the community on probation or parole. Because health care for older adults is exceedingly complex and costly when compared to younger adults, this large and growing older adult population under correctional control (prisons, jails, parole or probation) ought to sound an alarm through the public health and carceral fields. Service providers in community-based settings such as area agencies on aging, senior centers and leaders in long-term care are encouraged to prepare for an influx of elders with a criminal legal history and to examine current strengths and potential barriers in rising to the challenge of compassion in the wake of custody.
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BACKGROUND: While the severe detrimental impact of COVID-19 on incarcerated people is well known, little is known about the experience of COVID-19 on those on community supervision. Our objective was to better understand the experience of the COVID-19 pandemic and its collateral consequences for those on community supervision (e.g., probation, parole). Beginning in December 2020, we conducted 185 phone surveys about COVID-19 with participants in The Southern Pre-Exposure Prophylaxis (PrEP) Study across its three sites - Florida, Kentucky, and North Carolina. We conducted rapid assessment interviews with both closed- and open-ended questions. We calculated descriptive statistics for close-ended questions and conducted a content analysis for open-ended questions. RESULTS: The COVID-19 pandemic affected those on community supervision through their experiences in the community and while incarcerated with over one-quarter of participants being reincarcerated during this time. In addition to many (128/185) experiencing COVID-19 symptoms, about half (85/185) of participants reported a diagnosis in their network with 16 of those participants losing loved ones to the pandemic. Participants experienced disruptions to their social network, healthcare, and livelihoods. Though many maintained their support systems, others felt isolated and depressed. Experiences during COVID-19 exacerbated difficulties already faced by those with criminal involvement. CONCLUSIONS: The public health community must recognize those experiencing probation and parole, not only those housed in carceral facilities, as disproportionately impacted by the COVID-19 pandemic. We must tailor programs and services to meet their needs.
ABSTRACT
Expanding Home Detention at Sentencing is an article that addresses some of the current issues facing our nation with the reality of overly utilizing incarceration as a punitive measure. This issue raises the question: Could expanded community custody finally be considered as a desperately needed pressure relief valve? When passing the CARES Act, Congress acted early to grant authority to the Attorney General and the BOP Director to expand home confinement options. This discretion includes the AG taking the unprecedented step to directly publish a ruling in the Federal Register on behalf of the BOP. The discretion granted to BOP staff to lower the prison population inadvertently brings their own job security into question and this creates a conflict of interest. Allowing for those who've been convicted of non-violent offenses to be placed in home confinement as opposed to in custody will reduce costs, encourage reduced recidivism, and reduce health risks in facilities. In light of the fact that the BOP and the U.S. Probation Office has established new technology with the capacity to monitor large community custody populations, this article suggests that the sentencing guidelines be updated to encourage judges to utilize home detention measures, in part or in entirety, when sentencing.
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Budget constraints, bipartisan desire to address mass incarceration, and the COVID-19 crisis in prisons have triggered state and federal officials to seek alternatives to incarceration. As a result, invasive electronic surveillance such as GPS-equipped ankle monitors, smartphone tracking, and suspicionless searches of electronic devices is often touted as a humane substitute for incarceration. This type of monitoring, which I term "punitive surveillance," allows government officials, law enforcement, and for-profit companies to track, record, search, and analyze the location, biometric data, and other meta-data of thousands of people on probation and parole. With virtually no legal oversight or restraint, punitive surveillance deprives people of fundamental rights, including privacy, speech, and liberty. Building on the critique that punitive surveillance is a form of racialized carceral control, this Article makes three contributions: First, drawing on original empirical research of almost 250 public agency records governing the operation of electronic ankle monitoring, this Article reveals non-obvious ways that punitive surveillance, like incarceration, strips people of basic rights and liberties. In particular, the records show how monitoring restricts movement, limits privacy, undermines family and social relationships, jeopardizes financial security, and results in repeated loss of freedom. Unlike traditional probation and parole, punitive surveillance is more intensive, restrictive, and dependent on private surveillance companies. Second, this Article explains how, and why, courts' labeling of such surveillance as a "condition" of punishment or a regulatory measure stems from a misunderstanding of this surveillance and punishment jurisprudence. Third, and most ambitiously, this Article raises the question of whether a fundamental rights analysis, a regulatory response, or an abolitionist approach is the most effective way of limiting if not outright eliminating punitive surveillance.
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BACKGROUND: As the Covid-19 pandemic has exposed the structural factors which give rise to profound health disparities, additional attention is being paid to examining the intersection of social risk and health outcomes. Recent involvement in the criminal legal system is a known risk factor for poor health outcomes, including among those with diabetes. Mental health functioning is an important predictor of diabetes self-care behavior and diabetesrelated outcomes. We used nationally representative data to examine the association between recent criminal legal exposure and mental-health related functioning among US adults with diabetes. METHODS: Using data from the National Survey of Drug Use and Health, we created a representative sample of U.S. adults with diabetes. We considered three distinct exposures to the criminal legal system: those who reported being arrested or booked, on probation, or on parole in the previous 12 months. Our outcome of interest was World Health Organization disability assessment score 2.0 (WHO-DAS), a validated measure of mental-health related functional impairment. Higher scores indicate higher degree of functional impairment. We compared unadjusted and adjusted WHO-DAS score by criminal legal involvement, controlling for relevant sociodemographic confounders. RESULTS: Of 14,403 respondents with diabetes, 277 (1.1% weighted) reported past year arrest. The mean WHO-DAS score was significantly higher for those with past year arrest compared to no past year arrest (7.42 versus 3.64, p<0.001) and past year probation compared to no probation (5.56 versus 3.66, p=0.003) but not past year parole compared to no parole (4.90 versus 3.68, p=0.08). In adjusted models, past year arrest was significantly associated with higher WHO-DAS score (coefficient, 2.73, 95% CI: 1.57, 3.89), but not past year probation (coefficient, 1.23, 95% CI: -0.11, 2.58) or past year parole (coefficient, 0.38, 95% CI: -1.05, 1.81). CONCLUSIONS: In a sample of US adults with diabetes, past year arrest is associated with decreased mental-health related functional status, even after controlling for demographic and clinical confounders, suggesting a potential pathway by which criminal legal involvement may lead to poor health outcomes. Future research should further evaluate this relationship in addition to testing interventions aimed at improving mental-health related functioning for patients with compounding layers of health and social risk factors.
ABSTRACT
Malingered psychosis is problematic in many legal/forensic contexts and can have serious consequences such as wrongful competency to stand trial and criminal responsibility determinations, inaccurate violence/dangerousness risk assessments, unjust punishments/sentences, inappropriate prison placements, reduced culpability in prison rule violations, high recidivism risk, and inappropriate parole/probation readiness decisions. Given that malingering is most prevalent in forensic settings (Grossman & Wasyliw, 1988) and psychosis is the mental illness most frequently malingered by forensic populations (Broughton & Chesterman, 2001) the accurate assessment and identification of malingered versus true psychosis is imperative for appropriate responses/outcomes in these settings. Currently available measures used to detect malingered psychopathology are lengthy, time consuming, difficult to interpret, and lack straightforward consistent cutoff scores across different diagnostic categories. A within-subjects repeated measures design was used to validate using the newly published Inventory of Problems-29 (IOP-29) False Disorder Probability Scale (FDS) and five Modified Response Special Scores variables of the Rorschach Performance Assessment System (R-PAS) to detect feigned psychosis in a forensic sample of 13 adults on probation for lower-level sexual, domestic violence, and/or drug/alcohol-related convictions in the United States. Participants were instructed to complete the IOP-29 and R-PAS under two different test conditions: (1) Genuine condition (GEN) with standard administration instructions, and (2) Feigning condition (FGN) during which participants were instructed to feign psychosis based on a case vignette description of the Diagnostic and Statistical Manual of Mental Disorders-5th edition (DSM-5) schizophrenia criteria. As hypothesized, results were consistent with previous international studies on detecting psychosis on the IOP-29 in that FDS scores were significantly higher during the FGN condition compared to the GEN condition. The a priori cutoff of > .50 distinguished FGN from GEN. Specificity (92.3%) and sensitivity (84.6%) were high and consistent with past research. It was also predicted that raw scores on five Modified Response Special Scores R-PAS variables would be higher in the FGN condition than in the GEN condition and that a priori cutoffs would correctly distinguish FGN from GEN. These hypotheses were partially supported in that raw scores were significantly higher in the FGN condition and a priori cutoffs correctly distinguished FGN from GEN on three of the five Modified Response Special Scores variables. Limitations include small sample size resulting from COVID-19 pandemic in-person restrictions, absence of genuine psychotic patient group, and demographic characteristics (e.g., only 1 female, non-incarcerated, low level criminal offenses, etc.), which may reduce replicability and generalizability of the findings. Future research should replicate this study with larger sample sizes and examine gender differences and ecological validity in different types of forensic settings. Overall, the results of this study support the use of the IOP-29 and three R-PAS Modified Response Special Scores variables to detect malingered psychosis in forensic populations. The IOP-29 may be preferable to other available measures since it performs just as well, and has the benefits of being shorter, more straightforward, and easier to interpret with a single consistent cutoff score across diagnostic categories. (PsycInfo Database Record (c) 2022 APA, all rights reserved)
ABSTRACT
The federal community supervision system is in need of reforms that promote fairness and justice, and can look to changes and innovations in state and local level supervision as a guide to creating transformation. This article begins with a brief overview of the history of both the state and federal supervision systems and then describes the current problematic state of what is now being called “mass supervision” – including the substantial growth in community supervision and mounting concerns with technical violations and revocations propelling cycles of incarceration and racial disparities. The article highlights reforms and initiatives in supervision that are being implemented at the state and local levels as an increasing number of elected district attorneys across the country have taken action to limit supervision lengths and incarceration for technical violations and end the practice of automatically opposing parole release. In the wake of the Covid-19 pandemic, states, counties, courts, and local probation and parole agencies also took quick action to revisit and limit community supervision without negatively impacting public safety. Lastly, the article sets forth recommendations to build a fair and just federal community supervision system, including by: reducing the use of supervised release;revisiting onerous terms, conditions and length of supervision;ending the imposition of lifetime supervision;eliminating the needless cycle of incarceration for technical violations;addressing racial disparities;identifying opportunities for early termination from supervision;and considering reinstatement of parole.
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In the two years since the start of the pandemic, COVID-19 continues to acutely affect those in the criminal legal system. In response, judges have considered a vaccine requirement as a condition of community supervision. Courts have justified the condition because remaining unvaccinated can harm both the individual on community supervision, as well as pose a risk to the public at large. This Article considers the legality and desirability of requiring COVID-19 vaccination as a condition of federal community supervision. The vaccine condition might ultimately meet statutory and constitutional requirements, as it is not particularly intrusive compared to other medical conditions that courts have previously upheld.However, using the government’s power to mandate compliance (or risk incarceration) may not be the best way to encourage individual health decisions. Ultimately, the question of a vaccine condition on federal supervision suggests the need for a more robust discussion to be had about the responsible use of probation and supervision conditions. While we regularly incarcerate individuals for technical violations of discretionary conditions, we have scant empirical evidence about the impact of these conditions on the individual, and public safety overall.
ABSTRACT
Georgiou explores the state of secondary mental healthcare in prisons during a pandemic, with an analysis of prison inspection reports from England and Wales. The public health response to the COVID-19 pandemic translated into restrictions on daily life and targeted measures to reduce the spread of the infection and save lives2. Shortly after the pandemic took hold in England and Wales, HM Prison and Probation Service (HMPPS) and Public Health England (PHE) conducted modelling to anticipate the impact of COVID-19 on people in prisons. Whilst the measures introduced to minimize the spread of COVID-19 are necessary to save lives, the long-term impact of quarantine on the mental health, wellbeing and rehabilitation of people in prison are of grave concern. Whilst presenting substantial challenges to the prison estate, the COVID-19 pandemic has offered the opportunity to modernise and improve some aspects of health and justice services.
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The U.S. community corrections system supervises and provides services for nearly 4.4 million individuals. This study explored agency responses during the COVID-19 pandemic using data from 347 surveys of community supervision directors. We examined whether agency and local geographical factors were associated with increased use of telehealth services for mental health, substance use disorders, and criminal behavior. We also assessed whether these factors were significant predictors of changes in agencies’ supervision strategies. Findings indicated a positive association between prepandemic access to telecommunications technology and use of telehealth services, with observed differences regarding urbanicity and type of agency. Agencies with more COVID-19 mitigation strategies tended to avoid in-person contact. Given the vast needs and increased risks present within the community supervision population, it is important to understand the barriers and facilitators associated with innovation and change in the post-COVID-19 era to inform future reform efforts. © 2022 International Association for Correctional and Forensic Psychology.
ABSTRACT
Purpose The purpose of this paper is to explore the ways in which probation services responded to the COVID-19 pandemic and to consider what this means for the future of probation. Design/methodology/approach This paper adopts a literature review approach. Published research about the impact of the pandemic on probation services around the world was identified. Key findings around the main ways in which probation services were affected are identified. Findings The key themes identified in the published research are the strengths and weaknesses of remote communication, the role of probation in efforts to reduce the prison population, the importance of social support and marginalisation and the impact on staff. These findings are then examined through McNeill's (2018) argument that systems of community punishment should be parsimonious, productive and proportionate. Originality/value To the best of the author's knowledge, this is the first paper to synthesise international research on the impact of the pandemic on probation and thus serves as a useful starting point for future work on how probation services might learn from the pandemic.