The 1 in 100 Continues to Grow

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Once again, my Inside-Out students from Oregon State University and Oregon State Penitentiary have contributed thoughtful, insightful, and sometimes painful submissions to the We are the 1 in 100 website, representing the 1 in 100 people in the United States who are currently behind bars, and the many, many more people in the community who care about them and are affected by mass incarceration.

I have a personal stake, here – I’m fond of these faces and proud of their work and their courage – but, if you check out the site (representing 3 years and 7 different college classes), I think you will find it a moving and educational experience, well worth your time.

Why Sex Offenders are Running for Office

Locked Out (creative commons image by Jared Rodriguez)

Locked Out (creative commons image by Jared Rodriguez)

The Minneapolis Star-Tribune reports that a group of “sex offenders” are registering to vote and plan to run for elected office. I put “sex offenders” in quotations because these voters and office-seekers are not currently under supervision for any crime. Instead, they are “civilly committed,” which means that they have either already completed their criminal sentences or, as is the case for over 50 clients, they were never charged as an adult for a sex offense. Although they are euphemistically called “clients” rather than prisoners, most will likely be locked away forever.

How can we continue to lock someone up after they have done their time? The state Department of Corrections generally reviews those convicted of sex crimes at the end of their sentences, referring those deemed dangerous to county attorneys, who may then file a petition for commitment with the district courts. Although civil commitment is rare in many places, Minnesota does this a lot — there are currently about 700 such clients in two secure facilities in the state. How many are released? The program has been in operation for over 20 years, but only 2 people have ever been provisionally discharged from the program.

In a federal class action lawsuit, U.S. District Court Judge Donovan Frank has raised serious questions about the program’s constitutionality. To date, however, the residents/inmates have received little hope or relief and the trial has been pushed back until next year. Given the hyper-stigma surrounding sex offending, few brave souls will act or advocate on behalf of the people in the program. So, they are doing their best to advocate for themselves and to work within what is increasingly acknowledged as a broken system — exercising their rights to vote and seek office.

While the article by Chris Serres and Glenn Howatt contains a wealth of information, they omitted one other factoid that speaks to the program’s sustainability: according to the state Department of Human Services, the per diem cost of the program is $341. This is approximately $125,000 per inmate per year, or roughly four times the cost of the $86 per diem at the state’s correctional facilities. As law professor Eric Janus once put it, “The option of doing nothing would not be responsible from either a legal or fiscal perspective.”

Gender and the Meaning of Prison

hi-women-prison-852The title of this post may be a bit lofty for the content, but I want to share in this public forum an observation from my summer class that I have been reflecting on over the past several months.  One of my grad students and I co-taught a one-week course this summer (40 contact hours over 5 days) on “Inside Perspectives: Exploring Gender, Power, and Programs in Oregon Prisons.” Of our five class days, we were able to spend one full day in Oregon’s only prison for women and another full day in a medium-security prison for men.  In both cases, we spent a substantial amount of the day interacting with long-term prisoners, and we also spoke with correctional officers, counselors, and chaplains, and were able to tour both institutions.  We learned a lot about the available programming for men vs. women in state prisons, and we heard about both frustrations and small victories in each facility.

One of the things that was most striking to me was the conversation with a group of female lifers.  The women, the students, the chaplains, and the instructors (including me) were all sitting in a circle, coming together in the larger group to ask questions and hear different perspectives after spending time in the morning in small group discussions and sharing prison brown bag lunches.  The testimonials that have stuck with me came after the chaplain – who was clearly well-loved and respected  by the women in the group – gave a prompt: “Prison saved my life because…”

Approximately ten different women responded with their stories: “Prison saved my life because…”  As anyone who has studied gender and crime might suspect, many of these women were entangled in very abusive relationships when they were in the community, and the perception was that the violence they were experiencing would have only continued to escalate until they were killed by their partners/associates or possibly driven to take their own lives.  One of the older women succinctly – and honestly – rephrased the prompt to explain that her going to prison may or may not have saved her life, but it likely saved the lives of others in the community.

The thread of this conversation was striking to a number of us, made much more so by the fact that – even when given a similar prompt – not one of the men in the medium-security prison credited prison with saving his life.  I have heard men in prison make such assertions in other settings, but it was a stark contrast to have such a large percentage of the women claim that prison saved their lives, while not one of the men made this claim.

In all cases, there was consensus that prisons are overused and the sentences are much longer than is necessary for whatever growth and rehabilitation may take place in the prison setting.

It has now been several months since these conversations took place, and I remain intrigued and troubled by this gender difference in understanding the meaning(s) of prison for the women and men inside the walls.

Juvenile Lifers and New Beginnings

marc_tumblr 2013 (2)IMG_2356 (2) These two. Smart, funny, focused. Both were convicted of committing very serious crimes before they were 16 years old. Both spent time in a youth correctional facility before being transferred to the Department of Corrections where each served more than a decade in a maximum-security prison. Each of them has spent more of his life behind bars than in the community.  Yet, their time in prison was not wasted time; they took advantage of opportunities to learn and to grow in positive directions.  As I have written before, aging in prison is inevitable, growth is not.  These two chose to use the time to cultivate good choices and good habits: they grew and matured. While in prison they became students, citizens, philanthropists, and leaders, volunteering their time and best efforts to help at-risk and troubled youth.

They have worked hard from within prison to try to better their communities, both inside and outside of the prison walls. I’m happy today that both of these men will leave the prison behind them within the next few days and weeks – returning to society as full grown men. They will get another chance at life in the community, carrying within them hard-earned compassion and wisdom. Selfishly, I’ll miss interacting with them on a regular basis. They have been both students and teachers to me, and over the past several years we’ve shared some incredible conversations, projects, and laughs.

Welcome home, guys. One of you will get out in the next couple of days, and the other will follow shortly thereafter. Without internet access, you can’t yet read this post, but I wanted to put it out there anyways. I have no doubt that you will each prove to the world that it is possible to have positive, meaningful, and happy lives after growing up in prison. You’ve earned that chance.

(photos from We are the 1 in 100 site: http://iam1in100.tumblr.com/)

On Second Looks, Second Chances, and the Possibility of Redemption

shawshank redemptionI spent time in Southern Oregon last week to testify in a rare “second look” hearing. “Second looks” are possible in Oregon for some juvenile offenders (generally under the age of 15 at the time of the crime) at the midway point in their sentence in order to review the individual’s progress and reevaluate his/her sentences. The petitioner was 14 years old at the time of the crime and was sentenced to 30 years to life. He has served 16 years, literally growing up behind bars and becoming a real leader within the prison, with many positive accomplishments in that difficult setting. The judge was there to weigh evidence of the young man’s growth, progress, and accomplishments in the hearing and then wield the power to decide whether the young man would be paroled to the community or simply returned back to the prison to continue his sentence. Extremely high stakes for the petitioner, obviously, and the case would likely set precedent for any future second look cases in Oregon.

Thursday was a full day of testimony. It was nice to have friends (old and new) in the courthouse to share the time with as we waited to testify. The day started with opening statements/arguments/remarks, and then moved onto video-conference testimony from five different staff members from the Department of Corrections. I was one of the first to testify in person; I have worked closely with the petitioner and spent time with him in a number of groups and settings within the prison over the past 3 years.  He has been my student, my teaching assistant, the leader of inmate clubs that I work with, and a terrific collaborator on several different projects.  Because I had a lot of good things to say about him, I also had one of the tougher – and more sexist/offensive – cross-exams from the District Attorney. After my testimony, I was able to stay in the courtroom and be there for testimony by three other volunteers who teach and lead programs in the prison, the psychologist who conducted an in-depth evaluation of the petitioner over the last year (she was amazing in the cross examination!), two former prisoners who braved coming back into court for a man they knew inside and consider a friend, and the petitioner, himself. It was an extremely emotional day for everyone in the room, and I imagine I will be processing the experience for some time to come. The hearing was carried over into the next day in order for the judge to hear from a lawyer representing the victim’s family and to hear closing statements from both sides.

I had thought the judge would need time to reflect on all of the testimony, written statements and evidence, and to review the particular statutes and legal issues with second looks for juvenile offenders. We were told it could be a few days or weeks before the ruling. I teetered between being hopeful and trying not to get my hopes up. The testimonies had been consistent and compelling, and the evidence was overwhelming that the petitioner has become a model citizen and a leader in prison. He has grown into a very different man at age 30 than the boy he was at 14. The real question that remained was whether the judge would prioritize ideals of retribution and punishment over redemption and possibility.

I was very pleasantly surprised (this is an understatement) when the judge made his ruling from the bench after the closing arguments.  I had driven back to my home town in Corvallis the night before, and I was not able to be in the courtroom for the decision.  Instead, one of the petitioner’s lawyers sent me a two word email message: “We won.”

We won. The judge ruled that the young man be released. It was a huge, huge victory for the young man, his family and friends, and the belief in redemption and possibility.

The young man will be released from prison within 45 days and will now be under community supervision, reporting weekly to a parole officer and following all mandates. Here are a few comments from the judge in explaining his ruling on this case:

The judge said the crime was senseless, monstrous, and cold-blooded, but decided after hearing from a string of character witnesses that the young man was reformed. “I believe society will be better off returning him to the community,” the judge said at the conclusion of the hearing.

The judge detailed the young man’s progress in prison as a role model, teaching assistant, accomplished worker and leader of the prison’s Lifer’s Club.

“I can only conclude he is unique,” the judge said. “He’s remarkable with regard to the efforts he’s made to make himself a better person.”

“For the juveniles still in prison,” the judge also said, “what kind of message would be sent to them if this young man is not granted this. If not him, who would be eligible?”

Which Prisoners Get Visitors?

Prisoners who can maintain ties to people on the outside tend to do better — both while they’re incarcerated and after they’re released. A new Crime and Delinquency article by Joshua Cochran, Daniel Mears, and William Bales, however, shows relatively low rates of visitation. The study was based on a cohort of prisoners admitted into and released from Florida prisons from November 2000 to April 2002. On average, inmates only received 2.1 visits over the course of their entire incarceration period. Who got visitors? As the figure below shows, prisoners who are younger, white or Latino, and had been incarcerated less frequently tend to have more visits. Community factors also shaped visitation patterns: prisoners who come from high incarceration areas or communities with greater charitable activity also received more visits.  C&D14

There are some pretty big barriers to improving visitation rates, including: (1) distance (most inmates are housed more than 100 miles from home); (2) lack of transportation; (3) costs associated with missed work; and, (4) child care. While these are difficult obstacles to overcome, the authors conclude that corrections systems can take steps to reduce these barriers, such as housing inmates closer to their homes, making facilities and visiting hours more child-friendly, and reaching out to prisoners’ families regarding the importance of visitation, both before and during incarceration.

Real Gutter Stories

It takes courage to tell a big audience of strangers how your picture somehow ended up next to the headline “Drug Bust Nets Large Haul: Police Find Cocaine, Methamphetamine, and Viagra.” The excellent Life of the Law podcast team brought a series of such painfully honest and powerful stories to the stage this summer. These two are my favorites, from two outstanding young scholars and friends.

school crime and safety

Anyone interested in School Crime and Safety should check the new joint report by the Bureau of Justice Statistics and National Center  for Education Statistics. I graphed a few of the statistics below, but there is a great wealth of information on teachers, bullying, weapons, and student perceptions of safety. Although any level of school violence is troubling, the report seems to offer more good news than bad. Total victimization rose from slightly from 2011-2012, but serious violent victimization (rape, sexual assault, robbery, and aggravated assault) has been flat or declining at about 3.4 victimizations per 1,000 students. Moreover, indicators such as the percentage of students carrying a weapon to school are continuing to decline. SchoolVic

The Best Days Inside are Family Days

field dayMy Spring 2014 Inside-Out class managed another first – my students were able to plan and host a Family Field Day for youth in the Hillcrest Youth Correctional Facility on Saturday.  As a service-learning project for our shared college class, students from Hillcrest and Oregon State University planned a day where youth and their families could be outside, play games together, and enjoy more freedom of movement than normal visits in the facility allow.

Family members were invited to either a morning session or an afternoon session, and students from the class and volunteers from OSU manned stations with the following activities: face painting; cookie decorating and eating; potato sack races; water balloon tosses; basketball; and soccer.  A lot of little kids – the children, siblings, or nieces and nephews of the young men of Hillcrest – were able to attend the event, and they seemed to have a great time playing and running around the facility’s front greens.

CIMG3536CIMG3534Students from the Inside-Out class also hosted a fundraiser during our Family Field Day, selling lunches of BBQ cheeseburgers, potato or macaroni salad, potato chips, and pink lemonade for $5 per person.  The students decided that the funds raised would be equally split between a Hillcrest College Scholarship Fund and a donation to a community group that works with at-risk youth in Portland, Oregon.  This fits perfectly with our class discussions on prevention and rehabilitation, and our guests seemed happy to support the cause.  I haven’t seen the final numbers yet, but I think the BBQ fundraiser (also held during regular visiting hours on Sunday) raised in the neighborhood of $1000.  Amazing.

A related service-learning project that my students are continuing to work on is to create a child-friendly space for families visiting at Hillcrest.  The administrators have given us a fairly large room to work with, and my students are helping to clean it out, paint it (including the use of chalkboard paint so kids can draw on the walls), decorate it, and furnish it with toys so that kids visiting the young men of Hillcrest have a place to be active and play together.  We are planning a grand opening of the kids’ room on Father’s Day.  Stay tuned – I’ll try to post photos!

Obviously to make any and all of this possible, we have had – and continue to have – tremendous support from the administrators and staff at Hillcrest and from the larger Oregon Youth Authority.  The Hillcrest administrators are pretty wonderful in letting my students and I pursue our ideas and projects.  And, to their great credit, my students came with positive attitudes and enthusiasm all quarter long, and we accomplished a great deal in a 10-week class.

I’m sad to see this class ending, but I know our efforts have made a lasting impact at Hillcrest and on each of us who had the privilege of participating in this unique and fun experience.

More photos from We are the 1 in 100

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Representing the 1 in 100 Americans behind bars and those in the community who care about them and are affected by these incredible numbers, I ask my students in every Inside-Out course that I teach to share one key thought with the larger public.  I’ve shared photos from my previous Inside-Out classes on this Public Criminology blog, and will continue to do so as students put time and care into their messages.  This is the first time I’ve been able to put up photos of young men in the youth correctional facility.  I think the first photo here is all youth and vulnerability and this particular young man makes his case eloquently.  Please visit the We are the 1 in 100 tumblr site to see many more photos and sentiments of those inside and outside of correctional facilities.  I invite you also to submit your own photo.