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Slide 1
European-American Prison
Project
Sara Sullivan Senior Program Associate, Vera Institute of Justice
Steve Chanenson Chair, Pennsylvania Commission on Sentencing,
Professor of Law, Villanova University School of Law
“Building Bridges Revisited” Conference
January 14, 2014, Central Connecticut State University
PRISON LAW OFFICE
Slide 2 • January 14, 2014
Project Overview
Slide 3 • January 14, 2014
Project Goal
To help inform the beliefs and attitudes of
influential lawmakers, judges, corrections
officials, and other stakeholders by exposing
them to alternative approaches to incarceration
in European countries and involving them in
subsequent conversations about the
implications of European approaches on U.S.
corrections policy.
Slide 4 • January 14, 2014
State Partners
Slide 5 • January 14, 2014
European Partners
Slide 6 • January 14, 2014
European Agenda
Germany
• Waldeck Prison (prisoners with long sentences)
• Neustrelitz Prison (young adults, age 18-25)
Netherlands
• Penitentiary Institution (PI) Haaglanden
• De Kijvelanden Forensic Care Institution (mentally-ill and drug addicted offenders)
Slide 7 • January 14, 2014
Key Observations: Use of Incarceration and Corrections
Practices
Slide 8 • January 14, 2014
Use of Incarceration
83 87
716
0
100
200
300
400
500
600
700
800
Germany Netherlands U.S.
Inc
arc
era
tio
n R
ate
pe
r 1
00
,00
0 P
eo
ple
*Year of data varies by country: Germany − 3/12; Netherlands − 9/11, and U.S. − 6/11
** Incarcerated Population includes pre-trial detainees/remand prisoners Data Sources for Germany and Netherlands: Interational Centre for Prison Studies Data Source for U.S.: Bureau of Justice Statistics, "Correctional Populations in the United States, 2011”
Comparison of European and United States Incarceration Rates
Slide 9 • January 14, 2014
German Sentencing Practices
Unconditional prison sentences Suspended prison sentences
Fines
Diversion by judge
Diversion by
prosecutor
Presentation by Frieder Dunkel at JVA Waldeck, Mecklenburg-Western Pomerania, February 2013.
Slide 10 • January 14, 2014
Dutch Sentence Lengths
49%
71%
83% 91% 95% 98%
1% 1%
Presentation by Mariëtte Horstink, Director of External Relations, Custodial Institutions Agency, The Netherlands, February 2013.
Slide 11 • January 14, 2014
Approach to Corrections
Germany United States
“The sole aim of
incarceration is to
enable prisoners to
lead a life of “social
responsibility free of
crime upon release”
1. Punishment /
Retribution
2. Incapacitation
3. Deterrence
4. Rehabilitation
Slide 12 • January 14, 2014
Normalization & Reintegration
• Privacy
• Guards knock before entering
• Keys to their own cells
• Individual expression
• Inmates choose their clothing
• Possession of personal items
• Self-regulation of daily life
• Assist with organizing daily life
• Inmates can make their own food
Slide 13 • January 14, 2014
Approach to Discipline
• Tailored discipline
• Use of incentives, immediate and delayed
• Limited use of segregation
Slide 14 • January 14, 2014
Mental Health Treatment
• Focus on rehabilitation
• Individualized approach
• Presence of mental health staff
In Mecklenburg, Western-Pomerania, Germany,
there are 35 Social Workers
and 28 Psychologists for 1,400 prisoners
Slide 15 • January 14, 2014
Treatment of Special Populations
• Young adults as juveniles
• Harm reduction approach for drug offenders
• Mentally ill offenders treated in clinical facilities
Slide 16 • January 14, 2014
Focus on Reentry
• Mandatory savings
All offenders are paid and a portion of their income is withheld for reentry planning
• Sentencing plans
Each offender receives an individual plan upon admission with a focus on reentry
• Role of Probation/Parole
Probation plays in active role in development of sentencing plans
Slide 17 • January 14, 2014
Staff Culture
• Qualifications and Training
4-5 year university degree for prison governors
(often lawyers), teachers, and psychologists
Prison officers must complete a two-year
training course, composed of both theoretical
and practical courses
• Composition of staff
More therapists and social workers than in the
United States
• Staff and inmate interactions
Slide 18 • January 14, 2014
Implications for U.S.
Corrections Systems
Slide 19 • January 14, 2014
What Kind of Implications?
• Options
• Perhaps inspiration
• Potential “legal transplants”
• Professor Richard Frase
Slide 20 • January 14, 2014
Reduce the Use of Incarceration
• Reconsider the use of automatic prison sentences: mandatory minimums and three strikes laws.
• Improve and expand prosecutorial diversion programs.
• Explore the use of fines as the sole sanction.
• Alternatives to incarceration for special populations.
• Bail reform.
Slide 21 • January 14, 2014
Corrections Practices
• Rethink the goals and mission of corrections.
• Incorporate normalization practices.
• Use incentives as a discipline technique.
• Reduce the use of segregation.
“If you treat inmates like humans, they will act like
humans.” – Georgia participant
Slide 22 • January 14, 2014
Corrections Practices (cont.)
• Encourage a continued connection with society
• Consider mother-child units
• Expand focus on reentry
• Revamp staff training
• Promote positive interactions between staff and inmates
Slide 23 • January 14, 2014
Project Report
“Sentencing and Prison Practices in Germany and the Netherlands:
Implications for the United States”
www.vera.org
Slide 24 • January 14, 2014
Questions
Sara Sullivan
Senior Program Associate, Vera Institute of Justice
(212) 376-3083
ssullivan@vera.org
Steven Chanenson
Chair, Pennsylvania Commission on Sentencing
Professor of Law, Villanova University School of Law
(610) 519-7459
chanenson@law.villanova.edu
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