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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.

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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.

 

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