Prisoner reentry
The U.S. House of Representatives has voted overwhelmingly in favor of a bill to provide help to people leaving prison. The Second Chance Act of 2007 would ease the re-entry process by providing increased funding for mentoring programs, substance abuse treatment and job training.
Federal sentencing equity
Earlier this month, the U.S. Sentencing Commission lowered the federal sentencing guidelines for crack cocaine offenses due to widespread concern over racial inequities. That change will likely impact about 3,500 prisoners per year, reducing the average sentence by 15 months.
Yesterday, the commission held a hearing into whether the change should be made retroactive. That would make about 19,500 crack cocaine offenders now in prison eligible for shorter sentences. The U.S. Justice Department strongly opposes retroactivity.
Paul G. Cassell, a law professor at the University of Utah, has an excellent op-ed in today’s Washington Post that provides a lot of background on this issue, along with links to further references.
More information on these and related issues is at The Sentencing Project.
November 14, 2007
Studies debunk popular beliefs about youth sexuality
Two new studies are contradicting widely held beliefs about adolescents and sex.
Sex and delinquency
The cause-and-effect link between early sexual activity and juvenile delinquency is widely accepted. Teaching youngsters about this link is even a mandated component of federally funded "abstinence-only" school curricula. But researchers from the University of Virginia, studying 500 pairs of twins within a larger data set of 7,000 children, have made a surprising finding: All other things being equal, adolescents who have consensual sex earlier are less likely to end up delinquent.
"There is a cultural assumption in the United States that if teens have sex early it is somehow bad for their psychological health," said the study's lead researcher, Paige Harden. "But we actually found that teens who had sex earlier seem to have better relationships later."
The surprise finding "calls into question the usefulness of abstinence education for preventing behavior problems," Harden added. More useful, she said, might be education pertaining to the prevention of contraception and venereal disease.
Hip hop music and sexual activity
Another assumed connection challenged by recent research studies is that between the explicit sexual lyrics of hip hop music and early sexual behavior.
After spending three years studying the hip hop dance club scene in New York, a Columbia University professor said the relationship is more complicated. Rather than music and dancing, it is the old standbys of alcohol, drugs and peer pressure that influenced sexual behavior, found Miguel A. Muñoz-Laboy.
That finding is consistent with last year's research by the Rand Corporation finding that degrading lyrics, not sexual lyrics, are connected with early sex. Out of the 1,400 teenagers interviewed for the Rand study, those who listened to the highest levels of sexually degrading lyrics were twice as likely to have had sex by the end of the two-year study. The researchers defined degrading lyrics as those that portrayed women as sexual objects and men as insatiable.
The San Francisco Chronicle has online coverage of the sex and delinquency research. The Munoz-Laboy study on the hip hop dance scene is in the current (November) issue of the journal Culture, Health, and Sexuality. The New York Times has additional coverage. The Rand study was published last year in the journal Pediatrics.
Sex and delinquency
The cause-and-effect link between early sexual activity and juvenile delinquency is widely accepted. Teaching youngsters about this link is even a mandated component of federally funded "abstinence-only" school curricula. But researchers from the University of Virginia, studying 500 pairs of twins within a larger data set of 7,000 children, have made a surprising finding: All other things being equal, adolescents who have consensual sex earlier are less likely to end up delinquent.
"There is a cultural assumption in the United States that if teens have sex early it is somehow bad for their psychological health," said the study's lead researcher, Paige Harden. "But we actually found that teens who had sex earlier seem to have better relationships later."
The surprise finding "calls into question the usefulness of abstinence education for preventing behavior problems," Harden added. More useful, she said, might be education pertaining to the prevention of contraception and venereal disease.
Hip hop music and sexual activity
Another assumed connection challenged by recent research studies is that between the explicit sexual lyrics of hip hop music and early sexual behavior.
After spending three years studying the hip hop dance club scene in New York, a Columbia University professor said the relationship is more complicated. Rather than music and dancing, it is the old standbys of alcohol, drugs and peer pressure that influenced sexual behavior, found Miguel A. Muñoz-Laboy.
That finding is consistent with last year's research by the Rand Corporation finding that degrading lyrics, not sexual lyrics, are connected with early sex. Out of the 1,400 teenagers interviewed for the Rand study, those who listened to the highest levels of sexually degrading lyrics were twice as likely to have had sex by the end of the two-year study. The researchers defined degrading lyrics as those that portrayed women as sexual objects and men as insatiable.
The San Francisco Chronicle has online coverage of the sex and delinquency research. The Munoz-Laboy study on the hip hop dance scene is in the current (November) issue of the journal Culture, Health, and Sexuality. The New York Times has additional coverage. The Rand study was published last year in the journal Pediatrics.
November 13, 2007
Problems continue at newest California civil commitment center
I haven't seen much media coverage of a 3-month strike by civilly detained sex offenders at the new Coalinga State Hospital in California.
Today, the detainees issued a press release claiming that a patient's death last Thursday illustrated a pattern of inadequate medical care for the aging men. Frank Valado, 45, apparently collapsed and died while playing basketball last Thursday.
Although hospital administrators are denying the strike's existence, sex offenders say the nonviolent revolt is in its third month and that they have effectively shut down all sex offender treatment. Among the patients' main grievances are inadequate psychological evaluations and medical treatment. The average age of detainees is 51, about 20 years older than the average state prisoner in California, and many of the men have substantial and costly medical problems.
The $400 million hospital, which opened two years ago amid great fanfare, houses more than 600 patients out of a capacity of about 1,500. Most are sex offenders who completed their prison terms and were then civilly committed as Sexually Violent Predators.
The hospital has had enormous trouble recruiting staff; I personally have received multiple enticing offers to relocate to the tiny, out-of-the-way Central Valley hamlet that in my mind will always be connected with its 1983 earthquake. (After the quake, a popular T-shirt read, "Where the hell is Coalinga?") Last year, the L.A. Times reported on unrest among both patients and in-house police over the hospital's suspension of normal staffing levels due to an inability to recruit qualified staff. According to detainee spokesman Michael St. Martin, the hospital currently has only four licensed psychologists and only three psychiatrists, the latter recruited from India.
The latest problems come as the U.S. Department of Justice continues its probe into deficiencies in the state hospital system, including at Coalinga.Four of the five state hospitals in California are operating under a sweeping federal consent judgment reached last year. Earlier this year, staff members at Coalinga and other state hospitals protested outside their facilities to decry unsafe and deteriorating conditions, according to an L.A. Times article on May 22.
The detainees have a web site that is worth checking out. Other sources of information include a web site at Geocities and the Sex Gulag blog. On Aug. 27, KPFA radio also covered the strike, which started Aug. 6.
My related blog posts are here and here.
Today, the detainees issued a press release claiming that a patient's death last Thursday illustrated a pattern of inadequate medical care for the aging men. Frank Valado, 45, apparently collapsed and died while playing basketball last Thursday.
Although hospital administrators are denying the strike's existence, sex offenders say the nonviolent revolt is in its third month and that they have effectively shut down all sex offender treatment. Among the patients' main grievances are inadequate psychological evaluations and medical treatment. The average age of detainees is 51, about 20 years older than the average state prisoner in California, and many of the men have substantial and costly medical problems.
The $400 million hospital, which opened two years ago amid great fanfare, houses more than 600 patients out of a capacity of about 1,500. Most are sex offenders who completed their prison terms and were then civilly committed as Sexually Violent Predators.
The hospital has had enormous trouble recruiting staff; I personally have received multiple enticing offers to relocate to the tiny, out-of-the-way Central Valley hamlet that in my mind will always be connected with its 1983 earthquake. (After the quake, a popular T-shirt read, "Where the hell is Coalinga?") Last year, the L.A. Times reported on unrest among both patients and in-house police over the hospital's suspension of normal staffing levels due to an inability to recruit qualified staff. According to detainee spokesman Michael St. Martin, the hospital currently has only four licensed psychologists and only three psychiatrists, the latter recruited from India.
The latest problems come as the U.S. Department of Justice continues its probe into deficiencies in the state hospital system, including at Coalinga.Four of the five state hospitals in California are operating under a sweeping federal consent judgment reached last year. Earlier this year, staff members at Coalinga and other state hospitals protested outside their facilities to decry unsafe and deteriorating conditions, according to an L.A. Times article on May 22.
The detainees have a web site that is worth checking out. Other sources of information include a web site at Geocities and the Sex Gulag blog. On Aug. 27, KPFA radio also covered the strike, which started Aug. 6.
My related blog posts are here and here.
Mother prosecuted for talking to her children about sex
Just when you think you've heard the most ridiculous extreme to which the current sex hysteria can go, along comes something even more bizarre.
A Wisconsin woman was successfully prosecuted for talking to her children, ages 11 and 15, about sex, according to the Portage Daily Register.
Amy Smalley was prosecuted for the felony crime of exposing children to harmful descriptions, which carries a maximum penalty of three years in prison. She pleaded guilty so that her children would not have to testify. She was sentenced to probation and mandatory counseling.
Smalley's attorneys had argued unsuccessfully that Smalley's conversation with her children was protected free speech, and that the law under which she was prosecuted was aimed at protecting children from pornography, not preventing parents from providing their own children with information about sex.
A Wisconsin woman was successfully prosecuted for talking to her children, ages 11 and 15, about sex, according to the Portage Daily Register.
Amy Smalley was prosecuted for the felony crime of exposing children to harmful descriptions, which carries a maximum penalty of three years in prison. She pleaded guilty so that her children would not have to testify. She was sentenced to probation and mandatory counseling.
Smalley's attorneys had argued unsuccessfully that Smalley's conversation with her children was protected free speech, and that the law under which she was prosecuted was aimed at protecting children from pornography, not preventing parents from providing their own children with information about sex.
November 12, 2007
Do mental health courts work?
From a new study published in the American Journal of Psychiatry:
Many communities have created specialized mental health courts in recent years. However, little research has been done to evaluate the criminal justice outcomes of such courts. This study evaluated whether a mental health court can reduce the risk of recidivism and violence by people with mental disorders who have been arrested. In this study, 170 people who went through a mental health court were compared with 8,067 other adults with mental disorders booked into an urban jail during the same period. Statistical analyses revealed that participation in the mental health court program was associated with longer time without any new criminal charges or new charges for violent crimes. Successful completion of the mental health court program was associated with maintenance of reductions in recidivism and violence after graduates were no longer under supervision of the mental health court. Overall, the results indicate that a mental health court can reduce recidivism and violence by people with mental disorders who are involved in the criminal justice system.The report, “Effectiveness of a mental health court in reducing criminal recidivism and violence,” is by DE McNiel and RL Binder of the Langley Porter Psychiatric Institute in San Francisco. It was published in the September 2007 issue of the American Journal of Psychiatry (Volume 164 Number 9). For a reprint, contact the authors at dalem@lppi.uscsf.edu.
November 9, 2007
Claim in 15-year-old girl's stabbing will highlight prison failures
The family of a 15-year-old San Francisco girl who was severely stabbed by a paroled prisoner plans to file a claim against prison officials next Monday.Scott Thomas, who was accidentally paroled from San Quentin Prison due to a clerical blunder, had a documented history of bipolar disorder and was flagged by guards as needing treatment that he never received, two prison clinicians secretly told the San Francisco Chronicle. He randomly stabbed the 15-year-old girl and a man who came to her rescue at a bakery. After his arrest, he mumbled, "I'm taking on the world" before breaking into incoherent song, according to a police report.
Accidental releases are lawsuits waiting to happen. And it is lamentable when prisoners slip through the cracks of psychiatric treatment. But these issues miss the bigger picture: Thomas, a repeat theft offender who was only violent when in prison, was released to the streets straight out of solitary confinement.
Recipe for violence
Imagine being locked up all by yourself in a windowless cement box no bigger than a bathroom. Imagine being all by yourself in that box for months on end. (Thomas was only in "the hole" for four months; some prisoners in supermax prisons are kept in isolation for decades).
As depicted in the 1973 Steve McQueen film Papillon, based on a true story about an escape from a prison colony in French Guiana, it doesn't take long to have a mental breakdown under these conditions. Just a couple of days of solitary confinement with sensory deprivation can trigger psychotic hallucinations. Ellectroencephalogram research shows that after only a few days in solitary confinement, prisoners' brain waves shift into a stuporous, delirious pattern.
Now imagine that you are locked up in that windowless little box when you are already mentally ill and tormented by demons inside of your head.
Many prisoners, such as Thomas, are already fragile and unstable. They are even more prone to psychiatric breakdown than are healthy people who did not undergo severe childhood trauma. Putting mentally ill prisoners in solitary confinement is like putting an asthmatic person in a room with no air, as a federal judge once put it.
When I worked in a segregation housing unit (SHU) for the mentally ill, I saw these effects first-hand. After a short time on the unit, many prisoners began to babble incoherently or to lie semi-comatose in a fetal ball. They screamed and yelled and hurled excrement and urine through the narrow slits in their cell doors. They tried to kill or mutilate themselves.
Further demolishing the psyches of these vulnerable prisoners is not only cruel, it is also a surefire recipe for community endangerment when they get released, as most eventually will. Some prison administrations have realized that discharging convicts straight from the hole to the streets is a dangerous practice. Oregon, for example, integrates prisoners back into the prison mainstream through classes and jobs before releasing them.
Despite the demonstrated, permanent harm to prisoners' psyches – which ultimately translates into harm to vulnerable victims such as the 15-year-old San Francisco girl – solitary confinement is on the rise. From 1995-2000, its use rose by a dramatic 40%, surpassing the overall prison population rise of 28% during that period.
"We have to ask ourselves why we're doing this," psychiatrist Stuart Grassian, a Harvard professor and expert on segregation psychosis, told Time magazine. (For more on Grassian and his research, see my web page on "segregation psychosis.")
Wouldn’t it be great if rationality and community safety prevailed, and this barbaric practice was put to rest? Perhaps more lawsuits like this family's will get the attention of prison officials.
National Public Radio has an excellent, three-part series by Laura Sullivan on solitary confinement. In one episode, she spends the day with Daud Tulam, a New Jersey man adjusting to life on the outside after 18 years in solitary confinement. Tulam struggles with the common everyday things that we all take for granted, such as smalltalk, noise, and mere human companionship.
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