BeyondSummary

Executive Summary

Beyond Confinement:
Rethinking Corrections and Rehabilitation in Maryland

Saturday, September 9, 2023

Introduction

The “Beyond Confinement: Rethinking Corrections and Rehabilitation in Maryland” conference was convened by the Maryland Alliance for Justice Reform (MAJR) and the University of Baltimore Center for Criminal Justice Reform. It gathered a diverse group of stakeholders, including justice reform advocates, academic leaders, legal professionals, legislators, impacted members of the public, and government officials to address the pressing issues within Maryland’s correctional system. The conference theme, “Rethinking Corrections and Rehabilitation,” signifies our collaborative approach to addressing systemic challenges. The intent was both to focus on solutions to frame the future direction of Maryland’s correctional system and to help it advance positive social change. This summary outlines the critical elements of the conference, emphasizing the problems, root causes, and proposed solutions. We envision a reformed correctional system that rehabilitates people with dignity and respect.

Key Conference Highlights

A Vision for Reform

Judge Robert M. Bell (retired) emphasized the need for honest conversations about Maryland’s correctional system and its potential for improvement because 95 percent of individuals in correctional facilities will eventually return to our communities.

Senator Will C. Smith, Jr. observed that the Justice Reinvestment Act, passed in 2016, was a significant first step toward reducing unnecessary incarceration and increasing spending on crime prevention. Since its 2017 effective date, it has led to a 14 percent reduction in the incarcerated population. He believes that legislative leaders will now be receptive to new ideas and ongoing reflection that can drive meaningful policy reform.

Heather Warnken, Director of the University of Baltimore – Center for Criminal Justice, recalled the huge increase in Maryland and U.S. incarceration – more than tripling prison populations between 1980 and 2000.  Restoring health to our communities and to our criminal justice system will require attention to many areas including mental health, substance abuse treatment, juvenile policy, and more.

I. What’s Broken?

Maryland’s correctional system faces significant issues, including an excessive number of individuals incarcerated, persistent racial disparities, and a lack of focus on rehabilitation and reintegration.  The increased rate of incarceration is not, as often believed, correlated to increased criminal activity. Instead, it is driven by powerful changes in policing and sentencing laws that imposed huge and complex social and economic burdens. Despite its exorbitant costs, mass incarceration has failed to enhance public safety.

II. Why Do We Care?

Maryland’s over-incarceration of Black and brown individuals underlines the urgent need for criminal justice reform. While Maryland has made some progress in reducing its incarcerated population by 33 percent from its peak, it remains six times larger than it was half a century ago.  Maryland’s poor compassionate release record, costly failure to release people eligible for parole in a timely way, lifetime ban on jury service for former inmates, failure to act on the critical need for an independent ombudsman,  and inaction on the Trans Health Equity Act are among the ongoing issues in the state’s justice system. This conference calls for action to address the concerns plaguing the correctional system. We can come together to  respect the rights and dignity of those incarcerated, improve public safety, reduce our state’s high rate of recidivism, and remedy long-standing racial disparities.

III. Why Is This Happening?

The root causes of Maryland’s correctional issues include:

  • Historical changes in sentence structures that tripled the size of the incarcerated population from 1980 to 2000.
  • Disproportionate charging and sentencing practices affecting Black and brown individuals compared to other groups.
  • Inadequate support for compassionate release and reentry.
  • Limited investment in evidence-based diversion and rehabilitative interventions that effectively address mental health and substance abuse diagnoses.
  • Harsh conditions in the state’s prisons, jails, and detention centers and limited access to education.
  • Inefficiency and foot-dragging in the parole process.

IV. How Do We Fix It?

Conference panelists and speakers endorsed many key remedies, as discussed more fully in the complete conference report:

Correctional Oversight

Maryland prisons are dangerous and unhealthy, but prison administrators’ claims and reports about what goes on inside are not always reliable. For a true picture of the problems of assaults on prisoners, drug smuggling by correctional officers, inadequate medical care, and lack of effective programming and educational opportunities, an independent perspective is needed. Maryland should follow the lead of other states to:

  • Create an independent ombudsman office could use the power to investigate allegations, inspect facilities, operate transparently, and address complaints from various stakeholders, including family members, volunteers, and incarcerated people. Reports of these investigations would be shared with the Governor, legislators, and prison administrators and put online for public awareness.
  • Ensure that the ombudsman’s office and other correctional reform efforts have adequate resources. This measure is supported by Maryland’s Attorney General and other stakeholders.

Parole Reform

Currently, Maryland has an extremely low rate of parole, even for the lowest-risk, elderly prisoners. Needed improvements include:

  • Waive risk assessments for lifers, currently waiting 2-4 years for parole after being approved for parole by two commissioners. Alternatively, hire more risk assessors or integrate risk assessment with the initial review.
  • Adopt a case management approach to better support people in their preparation for parole.
  • Implement timely compassionate release for sick and aging persons.
  • Implement geriatric release for seniors over 60, a group with a low rate of reoffense..

Prison Education and Rehabilitation

Education is one of the strongest proven factors for reduction of recidivism. Mental health problems and substance abuse are among the greatest risk factors. Recommendations include:

  • Expand educational opportunities within correctional facilities, including partnerships with colleges and universities. Encourage incarcerated people to obtain their GED and engage in vocational training and/or college programs before release.
  • Develop rehabilitative programs to address addiction and mental health issues while people are incarcerated.

Creation of Emerging Adult units with Peer Mentors

The biggest impact in reducing mass incarceration results from implementing evidence-based practices for young adults, when they have the greatest neuro-developmental opportunity to change. Effective measures include:

  • Replicating European models, emerging adult units –like D.C.’s Young Men Emerging and Pew Institute’s Restoring Promise – have reduced prison disciplinary problems and demonstrated major improvements in recidivism rates after release.
  • Emerging adult units reduce the burden on correctional officers by using older peer mentors to prevent disciplinary problems. With increased respect, the young adults make notable strides in education, interpersonal relations, and self-government. The cost of these programs is very small compared to the benefits.

Comprehensive Reentry Support

Currently, throughout most of Maryland, reentry planning is stymied by a disconnect between state prisons and local reentry providers. Needed improvements include:

  • Implement human-centered, equitable charging policies to eliminate pretrial confinement.
  • Improve humane treatment within correctional facilities and focus on preparing people for reentry.
  • Support reintegration efforts as returning citizens work to rebuild their lives.

Evidence-Based Practices

While many effective, evidence-based practices are available, there is little coordination in seeking their implementation. Needed improvements include:

  • Develop collective impact forums where the Executive, Legislative, and Judiciary branches work together to bring about positive change.
  • Create systems of accountability and transparency in Maryland to maintain public trust.
  • Focus on interventions for individuals with mental health or substance abuse issues before they are incarcerated. The Sequential Intercept Model was highlighted as a promising approach to divert individuals with certain mental health diagnoses or substance abuse disorders to support systems instead of prisons. Challenges in accessing treatment facilities remain.

Legislative Reforms

Beyond our conference panels, advocates also addressed their top priorities for the coming year. The proposed policy resolutions aim to:

  • Expand legislative reforms like the Justice Reinvestment Act (JRA) to reduce unnecessary incarceration and increase spending on prevention.
  • Reduce the use of solitary confinement in Maryland.
  • Support the Second Look Act to release rehabilitated people who have served long sentences but remain incarcerated.
  • Prohibit charging juveniles as adults without prior court approval and improve rehabilitative services.
  • Reduce the high costs – in money and lives – of the inefficient parole process.
  • Change the “felony-murder” rule to obtain fairer and shorter sentences for individuals who did not actually commit crimes but were present when others did.
  • Eliminate excess fees preventing people from reintegrating back into society successfully.
  • Create a mechanism for automatic record expungement in Maryland and further reduce waiting periods for expungement.

Conclusion

In conclusion, the “Beyond Confinement” conference provided a platform for stakeholders to confront the issues plaguing Maryland’s correctional system and to seek collaborative solutions. It underscored the importance of equitable, evidence-based policies, inclusivity, and ongoing efforts to reform the state’s justice system. A human-centered approach, rehabilitation, and reintegration of returning citizens, coupled with the drive for systemic change, hold the potential for a reformed correctional system that better will serve Maryland’s citizens.