Criminal Justice Supervision Research Articles

Opportunities for success: perceptions of intensive supervision probation with services

ABSTRACT Probation remains at the forefront in relation to criminal justice supervision strategies. Many variations of probation exist, including intensive forms of community supervision for individuals classified as higher risk. Debate remains ongoing as to the efficacy of such forms of supervision, but most scholars agree that paired with services and treatment, community supervision at a variety of levels holds promise though the degree to which those under supervision agree remains in question. The current study examines the perceptions of those under an intensive supervision and services program, highlighting the experiences of 90 individuals participating in an intensive supervision with services program. Utilizing flexible coding and thematic analysis of responses to open-ended questions regarding the nature of supervision experiences, the results lend insight into what is perceived to be working – or challenging – regarding participation. Most participants indicated the structure, clarity, and service access promoted overall well-being and potential desistance, though structural challenges and time demands could limit the longer-term effectiveness of this type of supervision. These findings suggest probation programs may incorporate specific components to better supervision outcomes.

Psychiatric admissions in young people after expiration of criminal justice supervision in Australia: a retrospective data linkage study

BackgroundMental health services are available for young people involved with the criminal justice system. However, they have unmet mental health needs after the expiration of criminal justice supervision.ObjectiveTo determine the...

Opioid Misuse and Associated Health Risks among Adults on Probation and Parole: Prevalence and Correlates 2015–2020

Background As state legislatures work to reduce prison populations and increase the use of community-based alternatives, limited knowledge exists about the service needs of those under criminal justice supervision in the community. Preliminary research indicates unusually high rates of disease, disability, and death. Health risks for this population include opioid misuse, a form of substance misuse that has reached epidemic proportions in the U.S. Evidence indicates this may be one of multiple epidemics this population experiences, complicating intervention. Methods Our study included 5154 individuals on probation or parole. Using 2015–2020 data from the National Survey of Drug Use and Health (NSDUH), we conducted a series of logistic regressions examining associations between opioid misuse and a range of health risks, controlling for sociodemographic variables and survey year. Results Approximately 17% of those on probation or parole indicated past-year opioid misuse, a rate 4 times higher than in the general population. Compared to those on probation and parole who did not misuse opioids, it was associated with higher odds of other health risk behaviors and mental health problems. For example, the odds of marijuana and cocaine use were 4-6 times higher and the odds of substance use disorder were 10 times higher. Similarly, the odds of experiencing major depressive episodes and serious psychological distress were 2–3 times higher. Conclusions Our findings reveal a markedly high risk for opioid misuse within this population along with associated risks for behavioral and mental health problems. The complex treatment needs of this population require greater policy attention and further research.

Arrest Risks for Women with Substance Use Disorders

There is well-established evidence that women in the criminal justice system are disproportionately affected by a variety of emotional and economic struggles. Most research involves only women who are under criminal justice supervision. Instead of focusing on women who were involved in the criminal legal system at the time of the study, this secondary analysis used generalized estimating equations to assess women’s risk of arrest among a group of women with substance use disorders who also participated in outpatient substance abuse treatment. This study found that increased employment stress (OR = 3.7) and social support stress (OR = 4.3) severity, as recorded through the Addiction Severity Index scoring categories, were associated with arrest in the year after treatment. African American women in this sample were less likely to be arrested (OR = 0.33) post-treatment. Additionally, women who were assigned to trauma-informed treatment were less likely to be arrested (OR = 1.9) post-treatment.

The Effect of Split Sentences on Employment and Future Criminal Justice Involvement: Evidence from a Natural Experiment

Abstract Jails serve as the front doors of carceral systems, with 10 million jail admissions annually. The people admitted to jail often end up with probation sentences. As a result, there are approximately 3.5 million people on probation supervision in the United States. Despite the widespread reach of these institutions, little sociological research exists on the collateral consequences of jail and probation supervision. We focus on these two forms of criminal justice supervision by examining the use of split sentences, an understudied yet common type of criminal sanction that combines a period of jail incarceration with an ordinary probation sentence. Using rich administrative data, we leverage a natural experiment that relies upon the random assignment of judges to felony cases to estimate causal effects of receiving a split sentence compared to receiving a probation-only sentence. Our identification strategy allows us to isolate the effect of receiving a split sentence among people also sentenced to probation. Our results show that split sentences increase the risk of future prison admissions and, among whites with presentence employment, decrease formal labor market employment. We find that most of the effect of a split sentence on new prison admissions is driven by greater risk of technical violations of probation conditions stemming from higher levels of probation supervision, suggesting that intensification of criminal justice involvement is a self-fulfilling prophecy initiated by the judge’s decision to start a probation sentence with a local jail term.

Pervasive punishment in a pandemic

In this paper, we draw on data from a recent study of how Covid-19 and related restrictions impacted on vulnerable and/or marginalised populations in Scotland (Armstrong and Pickering, 2020), including justice-affected people (i.e. people in prison and under supervision, their families and those that work with them; see Gormley et al., 2020). Focusing here mainly on interviews with people released from prison and others under community-based criminal justice supervision, we explore how the pandemic impacted on their experiences. Reflecting upon and refining previous analyses of how supervision is experienced as ‘pervasive punishment’ ( McNeill, 2019 ), we suggest that both the pandemic and public health measures associated with its suppression have changed the ‘pains’ and ‘gains’ of supervision ( Hayes, 2015 ), in particular, by exacerbating the ‘suspension’ associated with it. We conclude by discussing the implications of our findings for the pursuit of justice in the recovery from Covid-19.

Prior punishments and cumulative disadvantage: How supervision status impacts prison sentences*

AbstractThis article explores one way prior punishments may contribute to cumulative disadvantage: through more severe sentencing of those under criminal justice supervision. We examine the impact of being on supervision in Michigan on receiving a sentence of imprisonment—comparing the magnitude of the impact reflected in the formal sentencing guideline recommendation with deviations made by court actors. We find that the formal penalty for supervision status is modest, whereas court actors place substantially more weight on current parole status than do the guidelines when deciding to sentence a defendant to prison. They do not seem to give current probation status extra weight in a consistent way. As such, parole is more likely to contribute to cumulative disadvantage stemming from prior punishments. This disproportionately impacts Black defendants because of their higher rates of parole—not through disproportionate sentencing conditional on parole status. Findings suggest that attempts to address factors contributing to cumulative disadvantage will need to consider not only formal rules but also how informal discretion contributes to prison sentences.

“We ‘said her name’ and got zucked”: Black Women Calling-out the Carceral Logics of Digital Platforms

Scholars have grown concerned around the increasing carceral logics embedded in social media practices. In this essay, we explore the process of getting “zucked” as a trend within digital platforms that disproportionately punishes minoritized digital users. Specifically, Black women report that with the advent of increased safety measures and policies to secure users on digital platforms, they become subject to harms of the institutional practices. By extending the conversation on carcerality beyond the confines of prisons, jails, and other forms of criminal justice supervision, we argue that structures and institutions expand the lines of surveillance and that those traditionally subject to such harm continue to be affected. Although the concept of getting “zucked” might seem like an innocent response to individuals who violate terms of service, Black women suggest that this practice disparately targets them for speaking about racist and sexist incidents on- and offline. Such surveillance is misogynoir in public spaces, as Black women are punished for organizing on social media.

Adaptation of a standard extended-release naltrexone (XR-NTX) protocol for rural re-entering offenders with OUD

BackgroundDespite a growing body of empirical support for the effectiveness of extended-release naltrexone (XR-NTX) to reduce opioid relapse among people with opioid use disorder (OUD) transitioning from a correctional facility to the community, continuity of care following release remains challenging. This paper describes a research-based adaptation of a state’s standard of care XR-NTX protocol using the ADAPT-ITT framework for delivery in a non-traditional, non-treatment, community criminal justice setting (P&P office), as well as the expansion of services by a local Federally Qualified Health Center (FQHC) provider who would, for the first time, be going to the jail and P&P office to provide XR-NTX and related treatment.MethodThe present study focuses on the first seven phases (Assessment through Training) of the ADAPT-ITT framework in the adaptation of the Department of Corrections (DOC) protocol in preparation for a pilot trial for induction in a rural jail and during the transition to a rural community. Expert clinical review and focus groups with key stakeholders in criminal justice supervision and the local providers in the FQHC informed the needed adaptations to the existing XR-NTX protocol for initiation at the jail and ongoing administrations in the community.ResultsFindings from stakeholder focus groups, study team review, topical expert review, and a theater test suggested that there were critical adaptations needed in both content and context at the patient and clinic level.ConclusionHealth and justice officials should consider the need to tailor and adapt evidence-based approaches for real-world locations that high-risk, justice-involved individuals visit in order to reduce barriers and increase access to critically needed treatment for OUD.

Criminal Justice-Involved Women Navigate COVID-19: Notes From the Field.

In March-April, 2020, we communicated with a cohort of criminal justice-involved (CJI) women to see how they were navigating COVID-19, chronic illness, homelessness, and shelter-in-place orders in Oakland, Birmingham, and Kansas City. We report on conversations with N = 35 women (out of the cohort of 474 women) and our own observations from ongoing criminal justice involvement studies. Women reported barriers to protecting themselves given widespread unstable housing and complex health needs, though many tried to follow COVID-19 prevention recommendations. Women expressed dissatisfaction with the suspension of research activities, as the pandemic contributed to a heightened need for study incentives, such as cash, emotional support, and other resources. COVID-19 is illuminating disparities between those who can follow recommended actions to prevent infection and those who lack resources to do so. Concerted efforts are required to reduce inequities that put the 1.3 million U.S. women under criminal justice supervision at risk for infection and mortality.

The association of criminal justice supervision setting with overdose mortality: a longitudinal cohort study.

Despite the high prevalence of substance use among people in the US criminal justice system, little is known about the incidence of overdose mortality by use patterns, drug convictions and supervision setting. We examined the associations between these characteristics and overdose mortality. Retrospective cohort study. Individuals sentenced to prison, jail, probation or jail plus probation for a felony conviction in Michigan, USA from 2003 to 2006. Using the National Death Index, we assessed overdose mortality to December 2012. We calculated overdose mortality rates by pre-sentence opioid use, drug convictions and supervision setting. Multivariable analyses were conducted using competing risks regression with time-varying covariates. Among 140 266 individuals followed over a mean of 7.84years [standard deviation (SD)=1.52], 14.9% of the 1131 deaths were due to overdose (102.8 per 100 000 person-years). Over the follow-up, more than half of overdose deaths occurred in the community (57.7%), nearly a third (28.8%) on probation and 12.8% on parole. The adjusted risk of overdose death was lower on probation [hazard ratio (HR)=0.71, 95% confidence interval (CI)=0.60, 0.85] than in the community without probation or parole (HR=1.00) but not significantly different on parole (HR=1.13, 95% CI=0.87, 1.47). Pre-sentence daily opioid use (HR=3.54, 95% CI=3.24, 3.87) was associated with an increased risk. Drug possession (HR=1.11, 95% CI=0.93, 1.31) and delivery convictions (HR=0.92, 95% CI=0.77, 1.09) were not significantly associated with overdose mortality. Based on the absolute or relative risk, parole, probation and community settings are appropriate settings for enhanced overdose prevention interventions. Ensuring that individuals with pre-sentence opioid use have access to harm reduction and drug treatment services may help to prevent overdose among people involved with the criminal justice system.

Still HOPEful: Reconsidering a "failed" replication of a swift, certain, and fair approach to reducing substance use among individuals under criminal justice supervision.

Combined with other studies of “swift-certain-fair”-style interventions, the HOPE replication further strengthens the conclusion that these methods reduce substance use among people under criminal justice supervision.

Depressive symptoms and age of alcohol use onset interact to predict suicidal ideation

Distal risk factors of alcohol use may increase suicidal ideation in the presence of proximal risk factors, such as depressive symptoms. We tested whether depressive symptoms and age at onset of alcohol use interact to predict suicidal ideation in 500 individuals (67% men; 68% Black/African American) under criminal justice supervision. Regression analysis revealed that age of onset negatively associated with suicidal ideation only at average and high levels of depressive symptoms while controlling for suicide attempt history. Clinicians may consider individuals with an early age of onset of alcohol use and current depressive symptoms at risk for suicidal ideation.

Salivary Biomarkers of Parenting Stress in Mothers Under Community Criminal Justice Supervision.

Community criminal justice supervised mothers are an underserved population who experience high rates of psychological distress and unique parenting challenges, but little is known about physiological stress system function in this population. We tested the salivary biomarkers of the sympathetic nervous system (SNS) and hypothalamic-pituitary-adrenal (HPA) axis function as predictors of subjective maternal stress. We recruited 23 mothers (age: M = 35.6 years, SD = 9.3 years; 35% Hispanic, 22% Black, 22% White, 22% multiracial) who were court mandated to a residential treatment center. We measured salivary alpha-amylase (AA) and cortisol, which index SNS and HPA activity, respectively, before and after a naturalistic reminder of a stressful parenting experience. We assessed self-reported parenting stress using the Parenting Stress Index-Short Form (PSI-SF) subscales Parental Distress, Parent-Child Dysfunctional Interactions, and Difficult Child. We used regression to test AA and cortisol mean levels and reactivity as predictors of subscale scores. Mean, but not reactive, salivary stress biomarker levels were associated with parenting stress domains. Mean cortisol levels predicted scores on the Parent-Child Dysfunctional Interaction subscale (adj. R = .48), whereas mean AA predicted Difficult Child subscale scores (adj. R = .28). Our results demonstrate the potential predictive utility of AA and cortisol as salivary biomarkers of maternal stress in community-supervised mothers. Given that maternal stress is associated with criminal recidivism and child behavioral health in this population, these biomarkers could potentially inform interventions to improve dyadic health and social outcomes.

Encountering offenders in community palliative care settings: challenges for care provision.

There is very little research into the way that offender management strategies impinge on the practices and decision-making of palliative care personnel in community settings. To improve understanding of the challenges that community palliative care service providers encounter when caring for people who have been sentenced to custody and are under the supervision of the prison or probation services. This paper discusses one part of a larger multidisciplinary study on bereavement, loss and grief in the criminal justice system. It reports the findings from a focus group with 10 health professionals working within specialist community palliative care services. Thematic analysis was undertaken to identify and explicate the most significant themes arising from the transcript data. There were situations where the participants were able to identify that patients were under the jurisdiction of the criminal justice system or had relatives in custody. Three themes emerged that highlighted distinctive aspects of providing care to this patient group. These themes were: patients under prison, probation or police supervision altered the dynamics of care provision; prisoners were restricted from supporting or contacting their dying relatives in the community; and participants (professionals) were obstructed from supporting patients at home because of criminal or antisocial behaviour by relatives of the dying. Health professionals face multiple challenges that curtail them from fully realising the aims of palliative care for patients and relatives under criminal justice supervision, in ways that merit further consideration and research.

Extended-release injectable naltrexone for opioid use disorder: a systematic review.

To review systematically the published literature on extended-release naltrexone (XR-NTX, Vivitrol® ), marketed as a once-per-month injection product to treat opioid use disorder. We addressed the following questions: (1) how successful is induction on XR-NTX; (2) what are adherence rates to XR-NTX; and (3) does XR-NTX decrease opioid use? Factors associated with these outcomes as well as overdose rates were examined. We searched PubMed and used Google Scholar for forward citation searches of peer-reviewed papers from January 2006 to June 2017. Studies that included individuals seeking treatment for opioid use disorder who were offered XR-NTX were included. We identified and included 34 studies. Pooled estimates showed that XR-NTX induction success was lower in studies that included individuals that required opioid detoxification [62.6%, 95% confidence interval (CI)=54.5-70.0%] compared with studies that included individuals already detoxified from opioids (85.0%, 95% CI=78.0-90.1%); 44.2% (95% CI=33.1-55.9%) of individuals took all scheduled injections of XR-NTX, which were usually six or fewer. Adherence was higher in prospective investigational studies (i.e. studies conducted in a research context according to a study protocol) compared to retrospective studies of medical records taken from routine care (6-month rates: 46.7%, 95% CI=34.5-59.2% versus 10.5%, 95% CI=4.6-22.4%, respectively). Compared with referral to treatment, XR-NTX reduced opioid use in adults under criminal justice supervision and when administered to inmates before release. XR-NTX reduced opioid use compared with placebo in Russian adults, but this effect was confounded by differential retention between study groups. XR-NTX showed similar efficacy to buprenorphine when randomization occurred after detoxification, but was inferior to buprenorphine when randomization occurred prior to detoxification. Many individuals intending to start extended-release naltrexone (XR-NTX) do not and most who do start XR-NTX discontinue treatment prematurely, two factors that limit its clinical utility significantly. XR-NTX appears to decrease opioid use but there are few experimental demonstrations of this effect.

Determining the optimal clinical cutoff on the CES-D for depression in a community corrections sample

BackgroundScreening instruments are urgently needed to rapidly and efficiently identify those in need of mental health treatment, particularly among underserved populations. Although designed initially for use in research, the CES-D has become a widely used clinical screening tool for the presence of major depression. Despite four decades and three major revisions to the DSM since the CES-D was first introduced, the cutoff score of 16 remains the marker by which individuals are assessed. The present study aims to examine an optimal cutoff score in a low-income, high-risk sample of ethnically diverse adults involved in some phase of the criminal justice system. The utility of the CES-D to detect depression in this population is unknown as these individuals are unlikely to be included in community studies of mental health. MethodsA diverse sample of participants under criminal justice supervision (n = 500, ages 19–72) completed the CES-D at up to six time points and the MINI-D at two time-points over a year. ResultsUsing receiver operating characteristic (ROC) curves, a cut point of 21 on the CES-D was determined to produce the best overall screening characteristics (sens = 0.82, spec = 0.76) using an efficiency calculation when compared with the gold standard MINI-D, though these results varied by race and gender. The optimal cutoff for women in this sample was determined to be 23 as opposed to 15 for men, and 20 for nonwhites versus 23 for whites. LimitationsThis study is limited in its generalizability to low-income individuals without criminal justice involvement or those without substance use. ConclusionResults suggest that the CES-D is a useful screening measure for depressive symptoms among high-risk individuals under criminal justice supervision. However, the current cutoff score of 16 is inadequate for optimizing true positives and false negatives. Possible gender and racial/ethnic bias may limit the utility of this instrument in this population. The current study contributes to the understanding of mental health needs in underserved populations.

Personal Control Over Decisions to Participate in Research by Persons With Histories of Both Substance Use Disorders and Criminal Justice Supervision.

Individuals must feel free to exert personal control over decisions regarding research participation. We present an examination of participants' perceived personal control over, as well as reported pressures and threats from others, influencing their decision to join a study assessing the effectiveness of extended-release naltrexone in preventing opioid dependence relapse. Most participants endorsed a strong sense of control over the decision; few reported pressures or threats. Although few in number, participants' brief narrative descriptions of the pressures and threats are illuminating and provide context for their perceptions of personal control. Based on this work, we propose a useful set of tools to help ascertain participants' sense of personal control in joining research.

Prevalence, Diagnosis, and Treatment Rates of Mood Disorders among Opioid Users under Criminal Justice Supervision

ABSTRACTBackground: Individuals involved in the criminal justice system have disproportionately high rates of psychiatric disorders when compared to the general U.S. population. If left untreated, the likelihood of subsequent arrest increases and risk for adverse health consequences is great, particularly among opioid users. Objectives: To explore the prevalence, characteristics, and treatment of mood disorders among justice involved opioid-dependent populations. Methods: The current study enrolled 258 treatment-seeking opioid-dependent individuals under community-based criminal justice supervision (e.g., probation, parole) screened from the larger parent study, Project STRIDE, a seek/test/treat randomized control trial (RCT) examining HIV and opioid use treatment. During baseline, individuals were screened for depression using the Patient Health Questionnaire-9 (PHQ-9) and screened for bipolar disorder using the Mood Disorder Questionnaire (MDQ) tool. Results: Overall, 78 (30%) participants screened positive for moderate to severe depression and 54 (21%) screened positive for bipolar disorder. Participants self-reported mood disorders at higher rates than they screened positive for these conditions. Participants screening positive for these conditions experienced significantly greater family, legal, and medical problems on the Addiction Severity Index-Lite (ASI-Lite) than those who did not screen positive. Incidence of a lifetime suicide attempt was found to be associated with a positive screen for both mood disorders. Prescribed psychotropic treatment utilization was similar among those who screened positive for depression or bipolar disorder with approximately 38% reporting taking medication. Importance: Findings suggest universal mood disorder screening to improve comprehensive psychiatric care and treatment of opioid-dependent justice-involved individuals.

Social support and one-year outcomes for women participating in prison-based substance abuse treatment programming

In recent decades, the number of women under criminal justice supervision has increased considerably, many of whom are serving time for drug offenses. Furthermore, women in prison are more likely than their non-institutionalized counterparts to suffer from a substance abuse disorder. While there is a growing body of research concerning women offenders’ drug abuse and treatment needs, few studies have examined the substance abuse treatment outcomes of women in the criminal justice system. Using data from Outcome Evaluation of the Forever Free Substance Abuse Treatment Program, this study compared women’s self-reported drug use twelve months after participation in high-intensity (n = 101) and low-intensity (n = 81) prison-based substance abuse treatment programming (N = 182). Women who perceived high levels of emotional social support were less likely to report substance use at 12-month follow-up. Furthermore, perceptions of emotional social support and treatment intensity interacted in their association with relapse, such that the protective effect of social support was strongest for women who participated in high-intensity programming. The results of the analyses highlight the importance of perceived social support for women with substance abuse disorders who are transitioning from prison-based substance abuse treatment programming to the community.