CORRECTIONAL PSYCHOLOGY

CORRECTIONAL PSYCHOLOGY

Correctional psychology is the application of psychological theory and research to the correctional system (Clements et al., 2007; Magaletta, Patry, Dietz, & Ax, 2007). We begin this chapter with overviews of the structure of the correctional system and the history of correctional psy- chology in the United States. Next, we discuss in greater detail two of the most important topics in correctional psychology: offender assessment and management. The selection, training, and support of correctional staff are covered in Chapter 9 .

In this chapter, you will become familiar with:

The structure of the correctional system in the United States T he practice of correctional psychology and how it has changed over time The importance of risk assessment and risk management in correc- tional psychology The major approaches to risk assessment and risk management, as well as some specifi c examples of risk assessment instruments and correctional treatment programs

• •

CHAPTER OBJECTIVES

Suppose you are a judge trying to determine the proper sentence for the fol- lowing case: white male, divorced, about 36 years old. Will plead no contest to drug-related offenses after being found intoxicated in violation of the conditions of probation. History of polysubstance abuse, including cocaine and heroin, since the age of about 8 years old. A penchant for self-destructive behavior—in the offender’s own words, “It’s like I have a loaded gun in my mouth and my

CASE STUDY

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C o p y r i g h t 2 0 1 0 . W i l e y .

A l l r i g h t s r e s e r v e d . M a y n o t b e r e p r o d u c e d i n a n y f o r m w i t h o u t p e r m i s s i o n f r o m t h e p u b l i s h e r , e x c e p t f a i r u s e s p e r m i t t e d u n d e r U . S . o r a p p l i c a b l e c o p y r i g h t l a w .

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270 Correctional Psychology

fi nger’s on the trigger, and I like the taste of the gunmetal.”1 Substance abuse has caused serious family and employment problems, including divorce and inability to get steady work. Numerous arrests for drug-related offenses including driving, carrying a handgun, and housebreaking while intoxicated. Multiple incarcerations, with sentences ranging up to three years. Repeated failure on community super- vision, including probation and parole violations, some stemming from refusal to provide or failure of court-ordered drug tests. Repeated attempts at substance use treatment, including community-based programs and more than a year spent in a correctional treatment facility, invariably followed by relapse.

As a judge, what kind of a sentence are you leaning toward? You could sentence the offender to lengthy probation and yet more treatment in an attempt to rehabili- tate him and help him become a productive member of society, although this has been tried repeatedly and over many years without apparent success. Alternatively, you could sentence the offender to a lengthy prison term in an attempt to deter him (“scare him straight”); at least this would protect the general public from his reck- less and irresponsible behavior.

This was the situation faced by a California judge in 2001, hearing charges against the actor, Robert Downey, Jr. The judge, infl uenced in part by state law regarding sentencing of nonviolent drug offenders and recognizing Downey’s long struggle to get control over his addictions, came down in favor of rehabilitation.

Mug Shot of Robert Downey Jr., as Photographed by the California Department of Correction in April 2001 Retrieved May 1, 2008 from http://news.bbc.co.uk/2/hi/americas/413283.stm. Source: The Smoking Gun Date: April, 2001 Author: Uncredited.

The story of Robert Downey, Jr., reminds us that many offenders in the criminal justice system have serious problems and the corrections system provides an opportunity to make positive changes. The challenge is to iden- tify which offenders are in need of help, what kind of help they need, and whether this help can be delivered in a way that also protects public safety.

1From “Addicted Downey Jnr jailed.” BBC News, 8/6/1999.

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Correctional Psychology in the United States 271

So far, Robert Downey, Jr., has made the best of the opportunity given him by the sentencing judge. Downey achieved full sobriety in 2003 and has maintained it since then with the assistance of 12 – step programs, medita- tion, and yoga. He established a positive relationship with his son. He met a woman and established a stable intimate relationship, marrying her in 2005. His career blossomed: Although he always received critical acclaim for his acting, he has been working more steadily and on important productions. For example, he received a Golden Globe award and an Academy Award nomination for his supporting role in the 2008 fi lm, Tropic Thunder .

CORRECTIONAL PSYCHOLOGY IN THE UNITED STATES

Part of the larger criminal justice system, the corrections system is responsible for supervising people who have been arrested for, charged with, or convicted of criminal offenses. When most laypeople think of the corrections system, they think about prisons. But depriving people of their liberty by institutionalizing them is considered a major infringement of civil rights, and it is permitted only in limited circumstances. Only a small percentage of people in the criminal justice system, perhaps 20% or so, are institutionalized; the rest are supervised in the community.

Several types of institutions are used in the criminal justice system. Jails are most often used for pretrial detention (i.e., to hold people who have been arrested until they must go to court) and to house people convicted of relatively short sentences (typically, up to 6 or 12 months). Most jails are closed, maximum security facilities — movement in or out of the facility is very restricted, and the perimeter is demarked with high walls or fences and razor wire. The population of jail detainees includes people whose lives are in a state of major disruption or confusion: some are acutely dis- tressed about being separated from their loved ones or losing their jobs due to arrest; others are intoxicated or in withdrawal, or suffering symptoms of mental disorder; yet others are fearful of the possibility that they may be sentenced to many years in prison. But because the typical stay in jail is quite short in duration — a few weeks or a few months, on average — the opportunities to offer programs or services are limited.

Prisons and penitentiaries are used to house people who receive cus- todial sentences. The length of the sentences may range from weeks or months to many years, or even life, refl ecting the diversity of offenders and crimes for which they have been convicted. To deal with this diver- sity, there are typically several types of prisons in a jurisdiction ’ s correc- tional system. Some institutions are very low security, perhaps including open or unsecured institutions such as work camps. These low – security

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272 Correctional Psychology

institutions permit the semblance of a normal life for offenders and facili- tate rehabilitation and readjustment to the community. Medium – and high – security institutions, in contrast, focus on keeping offenders separated from the community, but also may offer a variety of treatment and reha- bilitation programs.

Most offenders — perhaps 80% or more — are supervised in the commu- nity. There are three major forms of community supervision: bail, proba- tion, and parole. Bail is also known as pretrial release . It is used for people who have been arrested for or charged with criminal offenses and released into the community to await trial, and for people who have been convicted but are awaiting sentencing. The term of bail is often open – ended, and may last for many months. People may be granted bail based solely on their promise to attend court as directed, or they may be asked to guarantee attendance at court by putting up a bond or surety. In either case, people may have conditions placed on them that will (temporarily) restrict their rights and freedoms. The most common conditions include such things as reporting to a police, bail, or probation offi cer on a regular basis; not leav- ing the jurisdiction without permission; and not having contact with people who are alleged victims or witnesses to the offenses for which the person has been arrested. Violation of the conditions of bail is a criminal offense that may result in immediate pretrial detention and new charges.

Probation (and the related concept of conditional sentence ) is a punishment following conviction for a criminal offense, typically con- sidered more serious than community service or fi nes but less serious than imprisonment. People also may be sentenced to probation, either instead of a term of imprisonment or following (consecutive to) a term of imprisonment. The term of probation generally is fi xed, lasting from six months to several years. Probation may include conditions similar to those used for people on bail, but often the conditions are more strict and may include such things as not using alcohol or other intoxicating sub- stances or not associating with people who are known criminal offenders. Violation of the conditions of probation is a criminal offense that may result in imprisonment (i.e., serving the…

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