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Out of the Cage and Into the Fire: How US Policy Contributes to Recidivism

A young man named Marcus found himself in prison. While behind bars, he carefully considered the choices he made which resulted in his incarceration. He worked on becoming a better person, a better man. He was a model inmate and was released on parole staying in a halfway house. He swore to himself he would never end up incarcerated again. He struggled to find a job that would hire a convicted felon, but eventually found work in the channel letters department at a facility that manufactured signage for businesses across the country.

One morning he was sitting on the side of his bed getting ready for work. He slid his socks on, despite the ankle bracelet that confined him to city limits making it rather difficult, when his phone rang. His mother was in the hospital with a heart attack. She was on the other side of town, just a few miles outside of the city boundary. Mind racing, heart pounding – he did what most of us would do. He made a beeline for his mother. On the way he called his parole officer and his employer. He left a voicemail with his parole officer saying there had been an emergency. He sat with his mother all day until visiting hours were over, only leaving to get a cup of coffee and a sandwich from the hospital deli. He didn’t know if that would be the last day he saw her, so he sat and held her hand.

He returned to the halfway house to find his parole officer waiting. He missed curfew and had crossed the boundary of his geofence location causing his ankle monitor to alert. The parole officer explained that despite the exigent circumstances it was an automatic violation and that he would be returned to prison. Marcus fought hard to stay clean, to live by the rules, to make a life for himself and become a law-abiding, productive citizen. But it turns out that his freedom was never really his to keep—it was just another leash he had to hold onto, with no room for error.

Marcus is a real man. He lived in Birmingham, Alabama. He had a tremendous heart and a contagious smile. This author knew him.

Nearly 2 million people are held in prisons across the U.S. and the DOJ reports that 82 percent of those released were arrested again within the next ten years. Recidivism refers to when a person who has served time in prison is released, and then continues criminal behavior. However, to see the full picture it is important to understand several details.

The Prison System: More Punishment, Less Rehabilitation

The U.S. has the highest incarceration rates, per capita, in the world. The U.S. system largely follows a retributive model of justice that focuses on punishment for wrongdoing, rather than restorative justice approaches that aim to repair harm, hold offenders accountable, and reintegrate them into society. There’s no doubt that prison is intended to be punitive. Once in prison, access to rehabilitation programs is limited, underfunded, or even non-existent – even though educational and vocational programs are known to significantly reduce recidivism.

The Prison Policy Initiative reports that “over half of people in state prisons report mental health problems, but only 1 in 4 has received professional help in prison.”

One great example is prisoners who suffer from opioid use disorder (which is considered a disability under the Americans with Disabilities Act). Many prisons in America do not offer withdrawal medications, behavioral health services, or any type of education. Even fewer provide medication to treat drug addiction like methadone or naltrexone. According to a The National Institute on Drug Abuse, integration of medication assisted treatment with behavioral health in correctional settings leads to lower recidivism rates, and providing comprehensive treatment addresses underlying issues that contribute to criminal behavior. This facilitates a smoother reintegration into society.

Restorative justice programs, where they exist, have shown success in reducing recidivism by focusing on healing and rehabilitation, but they are rarely employed.

False Notions about Violent Criminals

We need to consider what classifies a crime as “violent”. Most people would agree that major offenses like murder, assault causing grievous bodily harm, sexual assault, armed robbery, and the like would be considered violent. But did you know that the manufacture of methamphetamines in some places is considered a violent crime? There are states where simply having an illegal loaded gun is considered a violent offense, even if you never used or brandished the gun. In places like Minnesota having large amounts of marijuana can get on you the violent offenders list. In North Carolina if you are caught selling drugs within 1000 feet of a school, it is also considered a violent crime. So, it’s important to remember that not everyone who is considered a “violent offender” committed physical acts of violence towards another human being.

Incarceration of Non-Violent Offenders

The U.S. incarcerates many individuals for non-violent offenses, particularly drug-related crimes. In fact, 1 in 5 people in the U.S. prison system are incarcerated for a drug related offense (1). The prison environment, especially in facilities where violent offenders are housed, can increase criminal behaviors and make rehabilitation more difficult. Additionally, once labeled as a felon, non-violent offenders often face the same barriers to reintegration as violent offenders.

Racial Disparities

The U.S. criminal justice system disproportionately impacts people of color, particularly Black and Hispanic individuals. Black and Latino individuals are incarcerated at significantly higher rates than white individuals for similar crimes. The U.S. criminal justice system disproportionately punishes people of color. These disparities are not only seen in incarceration rates but also in harsher sentencing and fewer opportunities for parole.

Communities of color are often less likely to receive rehabilitation opportunities, such as drug treatment programs or mental health services, further entrenching the cycle of incarceration.

These communities often face systemic racism and barriers to opportunities, both before and after incarceration, perpetuating cycles of incarceration and recidivism.

Institutionalization

Long-term incarceration can lead to institutionalization, where individuals become accustomed to the structured environment of prison life. Upon release, the lack of structure in the outside world can be overwhelming, causing some to prefer the familiarity of prison. This suggests that long harsh prison terms can cause a significant uptick in recidivism.

When people in prison live in overcrowded and inhumane facilities, receive poor healthcare, poor nutrition, and poor mental health resources it causes extreme psychological trauma equivalent to the trauma of PTSD. Living with this new psychological damage can make it even more difficult to reintegrate into society upon release – and in some cases, make them a public safety risk.

Stigma and Social Exclusion

Society often stigmatizes formerly incarcerated individuals, isolating them from the broader community. This social exclusion can lead to feelings of hopelessness and a lack of opportunity, which can drive individuals back into criminal activity.

Employment Barriers for Formerly Incarcerated Individuals

Formerly incarcerated individuals often face significant difficulties in finding employment due to their criminal record. Many employers are reluctant to hire someone with a conviction, limiting their job prospects. This economic instability can increase the likelihood of reoffending.

Recent initiatives like the “Ban the Box” initiative aim to reduce employment discrimination against individuals with criminal records by removing the checkbox on job applications that asks whether applicants have been convicted of a crime. The initiative seeks to give formerly incarcerated individuals a fair chance at employment by allowing them to be evaluated based on their qualifications, skills, and experience before revealing their criminal history. This is an effort to help individuals reintegrate into society, to reduce the likelihood of them reoffending, and to supporting overall rehabilitation efforts. “Ban the Box” does delay disclosure of criminal history but does not eliminate the requirement for background checks. Even if applicants aren’t asked about their criminal history up front, employers can rescind a job offer after discovering a record during a routine background check. Sometimes employers automatically disqualify applicants with criminal records. This is very commonplace in industries like finance, healthcare, or education. People with criminal records can even be denied licensing and certification to perform their job function in some professions like law enforcement, teaching, and even cosmetology!

Even in cases where criminal history isn’t officially a disqualification, the stigma associated with a criminal record can affect hiring decisions as employers may be reluctant to hire someone with a record due to perceived risk and liability concerns.

High Costs of Legal Fines and Fees

The justice system often imposes fines, fees, and restitution on formerly incarcerated individuals. The burden of these financial obligations can be overwhelming, especially if they are unable to secure employment, leading some to resort to illegal activities to meet these demands.

Even something as simple as a driver’s license suspension for an unpaid fine can make it difficult to get to work and force them to either rely on the kindness of friends (which may or may not be a reliable form of transportation), taxi and ride share options, or risking driving with license suspension. All these options are risky and expensive.

Criminalization of Poverty

In the US today there are many crimes associated with poverty. Across the country there are anti-homelessness ordinances that specifically target the unhoused. Individuals are penalized for their inability to pay fees like court costs, probation costs, child support, or municipal fines. Besides the fact that debtors’ prisons are supposed to be unconstitutional, there is a bigger problem here. When people are jailed due to their inability to make payments, they are unable to earn money when they are jailed and often lose their employment status in the process. This traps people in a vicious cycle of poverty and incarceration, with little chance of escaping the system.

Also, many economically disadvantaged people suffering with mental health conditions end up in jail rather than receiving proper care. The lack of affordable care in this country means that untreated conditions often lead to arrest for behaviors linked to mental illness. Police are often the first responders to mental health crisis, leading to the criminalization of mental health conditions, rather than appropriate treatment.

Zero-tolerance policies in schools disproportionately affect low-income students and students of color, leading to suspensions, expulsions, and even arrests for minor infractions like truancy, fights, or disruptive behavior. These policies funnel students into the criminal justice system early in life, making it harder for them to escape poverty and leading to criminal records and long-term consequences for their future education and employment prospects.

Poor and minority communities are often over-policed, meaning they experience a higher level of law enforcement presence and surveillance, which in turn results in more arrests for minor offenses.

Additionally, many people end up in prison due to crimes related to poverty, such as theft or drug possession. After release, they may return to the same impoverished conditions that led to their initial incarceration, without the resources to change their circumstances, thereby increasing the likelihood of reoffending.

Housing Discrimination and Homelessness

Finding housing is another challenge for formerly incarcerated individuals. Public housing programs and private landlords often have policies against renting to people with criminal records, leaving many individuals homeless or in unstable living situations, which increases the risk of recidivism.

Overly Strict Probation and Parole Conditions

It is extremely commonplace for the “alternatives to incarceration” to lead to reincarceration. At the beginning of this article you read about Marcus, a well-meaning former convicted criminal who found himself trapped in the prison cycle. It is a real and personal story about how strict conditions for probation and parole—such as curfews, restricted movement, and mandatory check-ins—are often difficult to follow. Technical violations (like missing a meeting or failing a drug test) can send people back to prison even if they haven't committed a new crime.

The Impact of Corporate-Driven Profit Seeking on Recidivism

While less than 10 percent of prisons in the United States are private prisons, their existence leads to perverse incentives where companies profit from incarceration. For-profit prisons are more focused on cutting costs, leading to fewer transformative and rehabilitative programs and worse living conditions for the inmates housed in them.

The need to drive corporate profit has provided incentives to maintain high incarceration rates and has led to lobbying for destructive laws and policies like harsher sentencing laws that have been shown to encourage recidivism and discourage rehabilitation. We have seen this in the following:

· CoreCivic’s lobbying for stricter immigration policies

· GEO Groups support for three strikes rules

· CoreCivic and GEO Group’s substantial political contributions to lawmakers who advocate for tough-on-crime legislation

· Geo Group’s lobbying for increased criminalization of minor offenses

· CoreCivic’s involvement in policy advocacy for law enforcement to have enhanced powers

· GEO Group’s lobbying for increased federal and state funding for law enforcement and prison infrastructure

The lobbying efforts of for-profit prison companies like CoreCivic and GEO Group are strategically aimed at creating and sustaining policies that increase incarceration rates. By advocating for harsher sentencing laws, supporting the criminalization of minor offenses, making substantial political contributions, and pushing for increased funding and enhanced law enforcement powers, these companies ensure a steady demand for their correctional services. These practices not only contribute to the perpetuation of mass incarceration but also hinder efforts toward a more rehabilitative and equitable criminal justice system.

But the private prison companies themselves (Like CoreCivic and Geo Group) aren’t the only ones who profit from the U.S.’s problem with mass incarceration. Other private companies are often given contracts to provide necessities:

· CoreCivic – Private prison corporation – approximately 3.1B annual revenue

· GEO Group – Private prison corporation – approximately 3.2B annual revenue

· Aramark - Provides food services, facility management, and uniform services – a significant portion of their 19 billion annual revenue comes from correctional facilities

· Compass Group - Offers food and support services to correctional institutions – Part of their 34B annual revenue comes from prison services

· Wexford Health Sources - Provides comprehensive healthcare services to correctional facilities - approximately 1.2B annual revenue

· Sodexo - Offers integrated facilities management and healthcare services – part of their approximately 20B annual revenue comes from correctional facilities.

· Clean Industry Services (CIS) - Provides laundry and sanitation services to correctional facilities – revenue estimated at several hundred million annually

· UniFirst Corporation - Offers uniform rental and laundry services to correctional institutions - More than 5B in annual revenue

· TruMart (Managed by Keefe Group) - Operates commissary stores within prisons, selling food, hygiene products, and other necessities – Over one billion dollar annual revenue

· Walmart - Supplies various products to prison commissaries through distribution agreements – a fair portion of their 600B annual revenue comes from selling commissary and personal care products, etc.

· Allied Universal (formerly G4S) - Provides security personnel, consulting, and technology solutions – approximately 10B annual revenue

· Securus Technologies - Offers communication services, including phone and video calls for inmates – approximately 700M annual revenue

· AECOM - Provides engineering, construction, and maintenance services for correctional facilities – Annual revenue exceeds 20B annually, part of which is made designing and constructing prisons

· Fluor Corporation - Engages in large-scale construction projects, including correctional facilities – Annual revenue exceeds 15B annually, part of which is made in large scale correctional facility construction projects

· Amada Education Systems - Delivers educational and vocational training programs within prisons – revenue estimated at several hundred million annually

· Pearson Education - Provides educational materials and services to correctional facilities – revenue exceeds 20B annually, some of which comes from correctional facilities

· Tyler Technologies - Offers software solutions for prison management, including inmate tracking and case management - revenue exceeds 3B annually

· Palantir Technologies - Supplies data analytics and management tools for correctional facilities – revenue exceeds 2B annually

· Global Tel Link (GTL) - Provides telecommunication services to correctional facilities – Approximate 500M annual revenue

· Securus Technologies - Offers comprehensive communication solutions for inmates and their families – Annual revenue exceeding 20B

There are considerable overlapping interests between government and industry. All these companies benefit from the prison industrial complex financially, but the prison industrial complex doesn’t stop there. Not only do companies profit from holding people in prison, but they also have it in their power to force prison labor.

The Use of Prison Labor

Forced prison labor occurs here in the United States. Incarcerated individuals are required to work, often for little or no pay. They can be assigned to work in various jobs within the prison system like laundry, facilities maintenance, or kitchen duty. These jobs are essential to running the prison, but instead of hiring an employee to do this work, inmates are paid a disgustingly low wage. Prisonpolicy.org reports that the “average of the maximum wages paid to prisoners by the states, in dollars per day: $4.73.”

If an inmate refuses to work they suffer severe consequences including write ups, loss of privileges, solitary confinement, transfer to a higher security facility, and a longer sentence.

The Marshall Project did an excellent piece on prison wages. It is a highly compelling read, and I suggest you have a look. But here’s a quick breakdown. Prisoners must use their exploitatively low wages to pay for necessities like soap, deodorant, toothpaste, feminine hygiene items, etc. Additionally, the prison can garnish your wages for unpaid court costs. Sometimes they must pay to replace their prison IDs, pay for medical visits, photocopies, postage, and food items. Some people have reported being fined for infractions like spitting or walking on forbidden areas of grass. Louis Dixon says: “They give you money and figure out how to take it back from you.”

It’s not just the prisons themselves that benefit from prison labor either. TruthOut reports that McDonald’s, KFC, Burger King, and Wendy’s rely on prison labor. A lawsuit filed in US District court states that even though parole decisions should be “evidence based” parole is regularly denied to keep the steady supply of prison labor, and by extension, profits. According to their report: “Since 2018, 575 private companies and more than 100 public agencies in Alabama have partnered with the state to force incarcerated people to work as landscapers, janitors, drivers, metal fabricators and fast food workers.”

Nine Steps Toward Reducing Recidivism

1. Criminal Justice Reform

Sentencing Reforms

Eliminate Mandatory Minimums: Mandatory minimum sentencing laws often result in disproportionately long sentences for nonviolent offenses, limiting judges' ability to consider individual circumstances and the potential for rehabilitation.

Decriminalize Nonviolent Offenses: Reducing or eliminating criminal penalties for nonviolent offenses, particularly drug-related crimes, can decrease the number of individuals entering the prison system.

Implement Sentencing Alternatives: Utilize alternatives to incarceration, such as probation, community service, or restorative justice programs, especially for first-time or low-risk offenders.

Reduce Mass Incarceration

Close Private Prisons: Phasing out or significantly reducing the use of for-profit prisons can diminish the economic incentives to maintain high incarceration rates.

End Cash Bail Systems: Abolishing cash bail prevents the incarceration of individuals solely based on their inability to pay, reducing pretrial detention rates.

2. Enhance Rehabilitation and Treatment Programs

Expand Access to Education and Vocational Training

Educational Programs: Provide comprehensive educational opportunities, including GED preparation, college courses, and vocational training, to equip inmates with skills for employment post-release.

Vocational Training: Partner with industries to offer training in trades such as carpentry, plumbing, and electrical work, enhancing employability.

Improve Mental Health and Substance Abuse Treatment

Comprehensive Mental Health Services: Increase access to mental health care, including counseling, therapy, and psychiatric services, to address underlying issues contributing to criminal behavior.

Substance Abuse Programs: Expand Medication-Assisted Treatment (MAT) and other substance abuse programs to support recovery and reduce relapse rates.

3. Strengthen Reentry and Support Services

Comprehensive Reentry Programs

Case Management: Provide individualized case management to help formerly incarcerated individuals navigate reentry challenges, including housing, employment, and legal issues.

Mentorship and Support Networks: Establish mentorship programs connecting ex-offenders with community members who can offer guidance and support.

Improve Access to Housing

Anti-Discrimination Policies: Enforce and expand "Ban the Box" initiatives and similar laws to prevent landlords from discriminating against individuals with criminal records.

Affordable Housing Initiatives: Increase the availability of affordable housing options specifically designed for formerly incarcerated individuals.

4. Promote Employment Opportunities

Incentivize Hiring of Formerly Incarcerated Individuals

Tax Incentives: Offer tax credits or other financial incentives to businesses that hire ex-offenders.

Employer Education: Educate employers about the benefits of hiring formerly incarcerated individuals and provide resources to support their integration into the workforce.

Remove Barriers to Employment

Expungement and Sealing of Records: Facilitate the expungement or sealing of criminal records for eligible individuals, allowing them to present a clean record to potential employers.

Job Training Programs: Partner with local businesses and educational institutions to offer job placement and training programs tailored to the needs of ex-offenders.

5. Improve Legal and Financial Support

Access to Legal Assistance

Public Defender Systems: Strengthen public defender systems to ensure that all individuals receive competent legal representation, reducing wrongful convictions and ensuring fair trials.

Legal Aid Services: Expand legal aid services to help individuals navigate post-release legal challenges, such as restoring voting rights or addressing outstanding fines.

Debt and Fines Reform

Eliminate or Reduce Court Fees: Reassess and potentially eliminate court fees and fines that disproportionately impact low-income individuals, preventing them from falling into cycles of debt and incarceration.

Support for Financial Stability: Provide financial counseling and support to help formerly incarcerated individuals manage debts and build economic stability.

6. Address Racial and Economic Disparities

Combat Systemic Racism

Bias Training: Implement comprehensive training programs for law enforcement, judiciary, and corrections personnel to address and reduce implicit biases.

Data Transparency: Mandate the collection and publication of data on racial disparities in sentencing, incarceration, and reentry to inform policy decisions and accountability measures.

Economic Support Programs

Living Wage Initiatives: Advocate for policies that ensure living wages, making employment a viable and sustainable option for formerly incarcerated individuals.

Access to Public Assistance: Ensure that ex-offenders have access to public assistance programs, such as unemployment benefits, healthcare, and food assistance, to support their reintegration.

7. Implement Restorative and Community-Based Justice Practices

Restorative Justice Programs

Victim-Offender Mediation: Facilitate dialogue between victims and offenders to foster understanding, accountability, and reconciliation.

Community Service: Encourage community-based service as a form of restitution, benefiting both the offender and the community.

Community Policing

Build Trust: Promote community policing initiatives that build trust between law enforcement and communities, reducing the likelihood of criminal behavior through positive relationships and mutual respect.

Preventive Measures: Focus on crime prevention through community engagement, education, and support services rather than punitive measures alone.

8. Increase Funding for Rehabilitation and Reentry Programs

Allocate Resources: Ensure that adequate funding is directed toward rehabilitation programs, educational initiatives, mental health services, and reentry support to provide a robust framework for reducing recidivism.

Federal and State Grants: Expand grant programs that support innovative reentry projects and evidence-based practices aimed at successful reintegration.

9. Promote Policy Evaluation and Evidence-Based Practices

Research and Data Collection: Invest in research to identify effective strategies for reducing recidivism and continuously monitor and evaluate the outcomes of implemented policies.

Adopt Best Practices: Utilize evidence-based practices and adapt successful models from other jurisdictions to local contexts to maximize the effectiveness of recidivism reduction efforts.

Many individuals leaving prison do not have strong family or community support systems. Without these networks, they are more likely to return to the environment and behaviors that led to their initial incarceration.

Although some states and localities have reentry programs aimed at helping formerly incarcerated individuals transition back into society, these programs are often underfunded or limited in scope. The lack of comprehensive support for job training, education, and mental health care makes successful reintegration difficult.

Reducing recidivism rates requires a holistic approach that addresses the root causes of criminal behavior and supports individuals in their transition back into society. By implementing comprehensive criminal justice reforms, expanding access to education and mental health services, strengthening reentry support, promoting employment opportunities, and addressing systemic disparities, policymakers can create a more equitable and effective system that not only reduces recidivism but also fosters safer and more resilient communities.

By: Jennifer Bartholomew, The iWTNS Stand

#civil rights #police reform #recidivism #social justice

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