Abstract
Tough-on-crime policies and strategies, such as mandatory minimum and determinate sentencing laws and more severe punishments for juveniles, sex offenders, and drug offenders, have caused a substantial increase in the U.S. incarceration rate. Mass incarceration has generated several negative consequences, including racial bias and disparities, economic and social costs, and prison overcrowding. As such, the use of community corrections programs as an alternative form of sentencing has significantly increased. To effectively reduce crime and recidivism, community corrections programs must 1) utilize a validated risk and needs assessment when determining program placement; 2) provide participants with comprehensive, evidence-based services, including substance abuse and mental health treatment; 3) focus on modifying participants' behavior through treatment goal setting and the use of graduated incentives and sanctions; and 4) strive to hire and retain qualified staff, provide both initial and ongoing training, and monitor treatment staff with regular clinical supervision.
TopIntroduction
With more than 1.8 million people incarcerated in federal and state prisons and local jails, the U.S. has the highest incarceration rate in the world (Kang-Brown et al., 2021). America’s mass incarceration problem is the result of severe sentencing laws, including mandatory minimum, determinate, and three-strikes sentencing, as well as more severe punishments for juveniles, sex offenders, and drug offenders. Because of the ineffectiveness of the traditional corrections model, policymakers, practitioners, and researchers have advocated for the development and implementation of community corrections programs. These programs are responsible for the supervision of individuals who are not incarcerated but fall under the authority of the criminal justice system (Vera Institute of Justice, 2013). Most individuals under the supervision of a community corrections program fall into one of the following five categories: 1) individuals on pretrial release with active court cases; 2) individuals with open court cases who have been placed in a diversion program or specialty court and who will not be sentenced if they successfully complete the program; 3) offenders who have been found guilty of their charges and are sentenced to some form of supervision, such as probation; 4) offenders who have been released from prison or jail but remain under supervision through parole and/or probation; or 5) individuals released from prison to finish the remainder of their sentence in a work release or related program (Vera Institute of Justice, 2013).
Unfortunately, if administered incorrectly, community corrections programs will generate little positive change and may increase crime and recidivism rates in some cases. There are three primary purposes of this chapter. First and foremost, the chapter provides a summary of the following seven correctional theories: 1) retribution; 2) deterrence; 3) incapacitation; 4) restorative justice; 5) rehabilitation; 6) reentry; and 7) early intervention. Second, the chapter discusses the factors that led to the departure from the theory of rehabilitation in the 1970s, as well as the advantages and disadvantages of institutional corrections in the U.S. Third, the chapter outlines the elements of effective community corrections programs and discusses the advantages and disadvantages of such programs. Recommendations for future research are also provided.
Key Terms in this Chapter
Retribution: A correctional theory that argues that the primary purpose of the U.S. correctional system is to get even with offenders through punishment.
Collective Incapacitation: The use of traditional sentencing policies or strategies to incapacitate offenders who fall within certain categories of offenses, such as those who commit murder.
Restorative Justice: A correctional theory that asserts that the primary goal of corrections is to reverse the harm caused by crime and restore the offender, their victims, and the community.
Rehabilitation: A correctional theory that argues that individual factors cause crime, and reoffending can be reduced by providing effective treatment services that target these factors.
Revolving Door: The tendency of newly released inmates to re-enter the traditional criminal justice system after committing new crimes.
Reentry: A correctional theory that argues that the primary goal of correctional institutions is to prepare offenders for successful reentry into society, while the goal of community corrections programs is to prevent individuals from reentering the criminal justice system.
Selective Incapacitation: A type of incapacitation that occurs when criminal justice practitioners consider individual factors, such as the number of previous offenses, when sentencing offenders.
Deterrence: A correctional theory that asserts that individuals can be deterred from criminal behavior through certain, swift, and severe punishment.
Early Intervention: A correctional theory that emphasizes the need to intervene with at-risk children to prevent them from engaging in criminal and/or delinquent behavior.