The American prison system is overcrowded to point that some prisons are literally jam-packed with offenders and many are often operating over their capacity. “18 states and the Federal Bureau of Prisons operated their prison facilities at more than 100 percent capacity at the end of 2014, with Illinois housing more than 20,000 inmates above capacity” (Liebelson,D, 2015). This is a major problem for wardens, prison staff, and the offender. Overcrowding creates safety problems for all parties involved, which also increases the likelihood of lawsuits. This is a major drain on already stressed funding, as some prisons lack the resources necessary to operate a fully functional facility. The World Prison Brief (n.d.) reports that the “United States has the largest prison population with a staggering number of 2,121,600 people incarcerated”. This is much larger than any other country, so one has to question why are so many people getting locked up? Are there no alternatives to punishment?
Overcrowding in prisons can be linked to stiffer sentencing laws for nonviolent offenders, increase in drug offenses, and younger offenders being incarcerated. Get tough laws and Mandatory minimum sentencing didn’t help. Minor offenses now had minimum sentencing, as judicial discretion was reduced and harsh drug sentences further exacerbated the problem. Over burdening the system with drug offenders that would be better served in treatment is problematic for already stressed and stretched system. The Federal Bureau of Prisons (2018) reports that 78784 inmates or 46.1% of the population is incarcerated for drug offenses. This is staggering statistic and demands a response in the form of proficient treatment programs ran by skilled professionals to alleviate this problem. Younger people are also being incarcerated instead of being treated or supported. “The majority of states have no minimum age of criminal responsibility, and every state can charge children in adult criminal court, which results in about 200,000 youths a year being redirected into the adult criminal justice system for mostly nonviolent crimes and misdemeanors” (Knefel, M., n.d.) . Younger offenders pose additional problems for prison staff, because most youth are ill-equipped to deal with seasoned criminals. “The real solution will be repealing legislation that mandates long prison sentences for every offense, finding solutions to recidivism and investing in programs like drug and alcohol courses that serve as alternatives to incarceration” (When Prison Overcrowding, 2016). Stuffing people into tiny spaces is not a solution. Offenders still have rights and punishment rarely results in a positive outcome, as can be observed via the high recidivism rates.
Prisons are tasked with the duty to keep to offenders and staff safe. This is difficult when so many people enter the system daily and there is high turnover in staffing, as corrections officers get burned out from the job. There isn’t enough staff or room for people to have space. This creates a negative atmosphere as fights amongst offenders and staff are more likely, because everyone is on guard and stressed. Offenders are more likely to engage in inappropriate behavior and/or join gangs out of the need for survival and or protection. Mental health inmates pose a risk to themselves and to others as prison can worsen their health. The National Resource Council (2014) reported that “Mental illness among today's inmates is pervasive, with 64 percent of jail inmates, 54 percent of state prisoners and 45 percent of federal prisoners reporting mental health concerns, along with substance abuse problems” (as cited in Collier, L, 2014 para 15). Some people don’t do well in prison and mental health issues become more apparent and need to be addressed.
A way to reduce the population would be to allow police or law enforcement to use their discretion and determine if a person would be better served through being connecting with local social service agencies to receive needed help. Contact with officers should not always result in an arrest. “Statutes can be changed to downgrade some offenses, because some cases would be better resolved by treatment or mental health programs and similar diversion strategies can offer a path to release for people already in the system” (Pretrial Justice Institute, n.d.). This would put less stress on an already overburdened system.
The use of rehabilitation programs is essential to assist in alleviating overcrowding in prisons. It is necessary to focus on the individual’s needs in order to determine what programs would be most beneficial. This can be achieved through the use of offender interviews and offender-based presentence investigation (PSI). “The offender-based PSI is useful in creating an individualized sentencing plan that provides the judge information on the offender’s potential for rehabilitation and community reintegration, which is essential in tailoring a sentencing plan to the offender” (History of Presentence Investigation, n.d.). The information garnered from this report should provide a guide for treatment and or rehabilitation programs.
Rehabilitation can be anything that assists the offender in having a better chance at being successful once released. These include drug and alcohol treatment, mental health treatment, anger management, social skills building, employment readiness training, basic education achievement, job skills and life skills. “The right answer for American corrections is to focus on rehabilitation, education, and training of offenders, which includes treating alcohol and drug addiction, anger management, and helping offenders to achieve a basic level of education and trade skills, so that when they return to society they have a chance at a successful reintegration” (Zoukis, 2017 para 8). There is a need for creating new programs and increased funding for programs already in place. There should be emphasis placed on hiring, training and retention of qualified staff. Funding is always an issue and the cost at front end could be expensive, but would be a better solution than paying to incarcerate people over and over again. Trials and the entire judicial process is expensive, so money could be saved in the long run.
More than one more program is useful, because many offenders have drug and alcohol problems and lack skills that will make them viable on the outside. Additional programs should be created as a need arises, such as, classes that are focused on financial skills. Many offenders find themselves incarcerated for long periods of time and haven’t had to budget, write a check or even have the freedom of choice. It may be overwhelming for an individual to be released into society where choice is king. They can find themselves placing want ahead of need as this has not been an option in their lives for an extended period time. Paying rent and bills is paramount over going to the movie. What seems like an easy decision for the average person may be a difficult one for a person who has had little control over their lives. It is important for prisons to employ staff that prepare an offender for daily life, before being released. This should not be solely left up to probation and parole officers, as they are often overworked and understaffed, so they don’t have time to focus on the daily minutiae of a person’s life.
As previously noted, the United States has a tremendously high incarceration rate. “The United States has only 5 percent of the world's population, yet has nearly 25 percent of the world’s population being held as prisoners “(Collier, L. 2014 para 1). This is worth repeating as the number is so incredibly high. Rehabilitation programs can help reduce repeat offenders and promote reintegration into society, but it is reactive. Programs should be created to be more proactive and reach the masses before incarceration and jail is the outcome. It would seem prudent to start with the youth, as this is where problems and the introduction to the criminal justice system starts. After school programs or in-school programs that build social connections and community buy in would be beneficial. These should be for all students and the term at-risk-youth should be eliminated, as all kids are at risk and it has a negative connotation. Criminal activity and drug and alcohol abuse crosses all social and racial boundaries, so targeting a group seems fruitless. Building self-esteem and self-worth are essential to healthy outcomes and this a community effort, because not all kids have great role-models or parents that possess the skills or abilities to be present and encouraging. More community centers that offer free, supportive programs that assist kids in achieving their goals, whether it be to be a mechanic or go to college would help reduce our dependence on the criminal justice system. The programs that a community wants to support could be determined via use of focus groups that include the kids, as they know their needs best. I don’t think this is the only answer, but it is a start. More money should be used to be proactive, because being reactive has got us into this expensive mess.