Skip to main content

Bill SB978, Window Dressing


Just as car mechanics, who have for many years worked on car engines, know best how to diagnose car problems, so intelligent prisoners – there are some in Connecticut’s Corrections facilities – know best  how to diagnose prison problems. It ain’t rocket science, and it helps sometimes to look under the hood. Michael Liebowitz – co-author with Brent McCall of 
Down the Rabbit Hole: How the Culture of Corrections Encourages Crime -- below examines a newly proposed legislative bill, SB978, and the bill -- soothing no doubt to the placid, largely ineffectual legislative conscience -- does not pass close inspection.

_________________________

By Michael Liebowitz

Up for debate in Connecticut’s current legislative session is SB978, a bill which if passed will reduce the percentage of time required to serve for parole eligibility by inmates who committed serious offensives after turning 18 but prior to turning 25. This is part of a nationwide trend resulting from an awareness of brain science, which shows that the part of the brain responsible for foresight is not fully developed until age 25.

One argument for enacting the bill is that if someone was unable to foresee the consequences of their actions, they should not be held fully accountable for those actions. Another argument is that reducing the amount of time someone has to serve before seeing parole will incentivize rehabilitation.

The opposing argument is that releasing offenders early puts the public at risk. For evidence, opponents of the bill could cite the 60 percent recidivist rate, or the results of the Risk Reduction Earned Credit law, which was passed nearly a decade ago. During the first 72 months after it passed those released early committed 119 murders, 154 rapes, and 1,916 assaults, among other crimes.

It appears there are strong points on either side, but a close look reveals this appearance to be a mirage. For instance, while it is true that the brain isn’t fully developed until the age of 25, this doesn’t mean it’s completely undeveloped at 24. In fact, the brain is more developed at 18 than at 15, and even more so at 24 than at 18. If this bill passes, however, defendants from 15 to 24, as long as they’re in adult court, will be subject to the same parole requirements. Treating people equally whose brains are  not equally developed isn’t consistent with the science.

The other side’s argument is similarly flawed. For example, if this bill passes, I will be eligible for parole this October. If it doesn’t pass, I will be eligible slightly more than two years later. Furthermore, even if denied parole, I will be released in 2026. Ultimately, the vast majority offenders, like me, will eventually be released. The point is, in terms of public safety, does it make much difference whether someone is released after serving 60 percent of their sentence rather than 85 percent?

I mentioned above that an additional argument in favor of the bill is that it will incentivize rehabilitation. The counter argument is that most inmates are either irreformable or uninterested in being reformed. Both sides take it for granted that quality opportunities for rehabilitation exist within prisons. This false premise results in the positions of both sides being woefully misinformed.

While space constraints preclude a detailed description of all the ways Corrections fails in its responsibilities, I can provide one example that typifies the reasons for this failure. Connecticut claims to be a leader in Corrections, dedicated to offender rehabilitation and evidence-based practices. This is simply false advertising. Take offender assessment, for instance. The state’s assessment tool is the Treatment and Programming Assessment Instrument (TPAI). This instrument measures only static variables, such as age at first arrest, number of prior arrests, and age at the time of assessment. These variables are called “static” because they can’t be changed.[1]

Now, consider what is stated in a prominent text on offender assessment and rehabilitation[2]: “An understanding of dynamic predictions is very important… because a psychology of criminal conduct rejects outright and exclusive focus on the more static aspects of individuals and their situations.”

According to the Department of Corrections, one reason for the TPIA’a creation was to “identify core programs that address criminogenic needs and to prioritize these programs for these offenders.” But according to the aforementioned text, “… dynamic predictors of criminal conduct or criminogenic need factors have great practical relevance because they inform interventions that reduce criminal behavior…” As you can see, criminogenic needs are dynamic risk factors, which the TPAT doesn’t assess. Thus the TPAI doesn’t do what its proponents claim it was designed for.

Assessment lies at the root of effective offender treatment. Given that the state’s assessment instrument doesn’t measure the essential variables of rehabilitative interventions, the only possible conclusion is that the state’s approach to rehabilitation is rotten at its root. What does that say about the tree?

The above analysis is intended to demonstrate that bills such as SB978 are mere window dressing. In order to change the criminal justice system for the better, it is essential to reform the prison system. This means implementing policies proven to reform offenders. For evidence that such policies exist, Google “Core Correctional Practices.”

Michael Liebowitz #252419

335 Bilton Rd.

P.O. Box 100

Somers, Ct 06071


[1] All information pertaining to the TPIA is from the “The Treatment and Programing Assessment Instrument,” Patrick Hynes, Ph.D, and Ivan Kuzyk, Departmet of Corrections (2021)

[2] “The Psychology of Criminal Conduct, 6th Edition” by James Bonta and D. A. Andrews  (2017). Both quotes are taken from page 20.

 

Comments

Popular posts from this blog

The Blumenthal Burisma Connection

Steve Hilton , a Fox News commentator who over the weekend had connected some Burisma corruption dots, had this to say about Connecticut U.S. Senator Dick Blumenthal’s association with the tangled knot of corruption in Ukraine: “We cross-referenced the Senate co-sponsors of Ed Markey's Ukraine gas bill with the list of Democrats whom Burisma lobbyist, David Leiter, routinely gave money to and found another one -- one of the most sanctimonious of them all, actually -- Sen. Richard Blumenthal."

PCBs, GOOD FOR YOUR HEALTH

By Gerald and Natalie Sirkin c2007 A front-page story on PCBs in the March 9 News-Times is just wrong. The first thing to know about PCBs is that they never killed a single person nor did they ever cause cancer. The second is that although they are invariably called “cancer-causing,” that designation comes chiefly from a single rat study. The third thing is that the subject rats were exposed daily for 21 months to 100 parts per million (ppm) of PCBs containing 60% chlorine. (The 100 ppm was about 5,000 times the tolerable daily intake of PCBs set by FDA in 1973.) When rats were exposed to PCBs containing less chlorine, they developed no cancers. The fourth, that when the exposed rats were allowed to live out their lives, they had fewer cancers and lived longer than the unexposed rats. PCBs is a family of chemicals known as polychlorinated biphenyls. PCBs contain chlorine ranging from 12% to 70%. They were used in two General Electric plants that manufactured electrical equipmen...

Taking The Fifth, After Esty

Whether or not U.S. Representative Elizabeth Esty will serve the remainder of her term or resign immediately is very much an open question. But, in any case, the battle for Connecticut’s 5 th U.S. Congressional District has begun with a show of unexpected fireworks. For many years, the 5 th District was a toss-up proposition; both Republicans and Democrats have held and surrendered the seat. Geographically the 5 th District touches the border of New York from Connecticut’s northern-most point to Danbury in the southern quadrant and includes much of Litchfield county and parts of Fairfield, Hartford and New Haven counties. Party affiliation is competitive, in round figures, 30 percent Democrat, 25 percent Republican and 45 percent unaffiliated. Over the years, the Democrat Party in Connecticut has moved from the center to the left, but the 5 th District has been a moderate preserve. During the Obama presidential election, Republican moderates within Connecticut's U.S. ...