August 17, 2017

President Trump’s push for tougher policing is dangerous for Black and Latino communities, who bore the brunt of police use of force under stop-and-frisk in New York.

Easthampton, Mass. – Donald Trump’s presidency has heralded a return to ineffective “tough on crime” tactics, including the police practice of stop-and-frisk, but a new report by the Prison Policy Initiative finds that such a move would be disastrous for Black and Latino communities. “Instead of making cities safer, stop-and-frisk causes thousands of forceful and terrifying experiences with police, mostly for people of color who’ve done absolutely nothing wrong,” charges Rose Lenehan, author of the report.

In What “Stop-and-Frisk” Really Means: Discrimination & Use of Force, Lenehan analyzes the racially disparate use of force in police stops in New York City in 2011. That year was the peak of stop-and-frisk in the city, and two years before a federal judge found that the practice was racially discriminatory and violated the rights of hundreds of thousands of New Yorkers. “We all know that stop-and-frisk targeted Black and Latino communities in New York, but that goes beyond who police chose to stop,” explains Lenehan. “Police were also more likely to use physical force when they stopped people of color than when they stopped white people.” Data graphic showing the numbers of Blacks/Latinos, Whites and people of other races and ethnicities stopped by the New York City Police in 2011, along with whether they were also frisked and whether force was used. Blacks and Latinos are dispropionately stopped, frisked and have forced used against them.

In 2011, the NYPD stopped Black and Latino people nearly 575,000 times and used physical force against them almost 130,000 times. That’s 84% of all stops and 88% of all force used in stops that year. Yet despite President Trump’s mistaken perception that “it was so incredible, the way it worked,” only a small number of weapons were seized in these stops – mostly knives. Police found weapons in only 1% of stops of Black and Latino residents, but found weapons nearly twice as often when they stopped Whites. As the new report argues, stop-and-frisk succeeds only in alienating vast numbers of city residents from the police, and ultimately creates more problems for public safety.

The report features an innovative data visualization that layers each successive level of police encounters – stops, frisks, and use of force – to show racial discrimination impacts decisions more serious than simple stops. The graphic is drawn to scale (a tiny square is equivalent to 100 New Yorkers) to illustrate the massive impact of stop-and-frisk on the street. According to Lenehan, “With roughly almost 2,000 stops per day, concentrated in Black and Latino communities, stop-and-frisk gave hundreds of thousands of people of color reason to distrust the police.”

The non-profit non-partisan Prison Policy Initiative was founded in 2001 to expose the broader harm of mass criminalization and spark advocacy campaigns to create a more just society. The organization produces big-picture data publications like Mass Incarceration: The Whole Pie to help people fully engage in criminal justice reform. The author, Rose Lenehan, is a PhD candidate at MIT and a member of the Prison Policy Initiative’s Young Professional Network.

The new report is available at https://www.prisonpolicy.org/reports/stopandfrisk.html

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by Stephen Raher, August 15, 2017

Yesterday we filed comments with the Consumer Financial Protection Bureau to point out how their recently proposed amendments would inadvertently impact their regulation of financially abusive “release cards.” Release cards are prepaid debit cards that prisons and jails use (instead of checks or cash) to refund money that is owed to someone upon their release from custody (for example, accumulated wages from a prison job, or money that a person had in their possession at the time of arrest). Such cards usually cost the correctional facility nothing, but the issuing financial institution makes money by charging numerous excessive fees to the cardholder.

In 2015, the CFPB conducted a rulemaking to create greater protections for all types of prepaid cards. Prison Policy Initiative submitted comments asking the CFPB to prevent correctional facilities from forcing someone to accept a release payment in the form of a prepaid card. Although the CFPB did not adopt this recommendation, it did issue a comprehensive new rule in 2016, and in the process clarified that release cards are covered by many other consumer-protection provisions of that rule.

In June of this year, the CFPB proposed some housekeeping amendments to the 2016 rule. Although these changes are well-intentioned, we spotted some loopholes that could have unintended adverse impacts on release-card recipients. For example, the 2016 rule requires card companies to provide protections for people whose cards are subject to fraudulent use. The financial industry asked that these protections only apply if cardholders first verify their identity with the issuing bank, and the CFPB agreed to propose such a modification. This may make sense in the case of a prepaid card that someone buys at a convenience store, because the card-issuing bank has no idea who their customer is. On the other hand, when someone is released from prison and given a prepaid card, that person’s identity is already established. Forcing that person to sit on hold or go to a website to register the card makes no sense, and we pointed this out in comments we filed this week with the CFPB. Our concerns were echoed in a comment submitted jointly by the Americans for Financial Reform, the Center for Responsible Lending, the Center for Digital Democracy, Consumers Union, the policy and mobilization arm of Consumer Reports, the National Consumer Law Center, U.S. PIRG, and the Woodstock Institute.

We also used this opportunity to once again urge the CFPB to conduct a broader proceeding to draft rules targeting the wide variety of unfair financial products (like money transfer services) that are forced on incarcerated people and their families.

There is no definite timeline for the current rulemaking, but the rules that were originally issued in 2016 are due to become effective in April 2018. Presumably the CFPB will make a decision on the current round of amendments sometime before the effective date.


by Alex Clark and Joshua Aiken, August 11, 2017

A Call of Duty video game, a cashier’s check for 34 cents, and 12 cans of peas. Recent analysis by C.J. Ciaramella at Reason and the Lucy Parsons Lab reveals these items as “lucrative” assets seized from poor Chicago neighborhoods.

Since 2012, the Cook County police have conducted 23,000 seizures of assets connected to civil and criminal cases — about 75% of which took place in Chicago. Asset forfeiture is often justified as a way for law enforcement to disrupt illegal drug trades: it allows officials to confiscate the property of people associated with a criminal offense even if the person who owns that property is never convicted of a crime. However, this data reveals police officers are confiscating petty property, mostly from poorer Black neighborhoods. Nearly half of the seizures were for amounts less than $1,000. Asset forfeiture is a tool targeted at major illegal drug trades; property worth a few hundred dollars should rarely account for seizures, let alone half of total assets. Furthermore, when you look at seizures valued under $100, they are geographically clustered in the South and West sides of Chicago with predominantly poor and Black communities.

This is the most recent example proving that at all levels, the War on Drugs functions as a war on communities of color. Nearly half a million people are behind bars for drug offenses and while white people and people of color use drugs as similar rates, people of color are more likely to be arrested, convicted, and locked away. In Chicago, racial disparities still exist even after possession of small amounts of marijuana was decriminalized in 2012.

While President Trump has threatened to “send in the feds” with regards to crime in Chicago, when it comes to drug enforcement, we already have. On top of the state asset forfeiture practices which “exacerbate hardship” for the poor and people of color, sting operations have been targeting similar groups for years, setting them up to fail. A report last year from Columbia Professor Jeffrey Fagan traced drug stings by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Since 2003, these stings set up fake drug stash houses and lured people into committing new crimes.

This is how the stings work: agents would identify individuals suspected of violent crimes and tell them that there was a stash of drugs and money at a local residence. Agents would then provide individuals with guns, cars, and other resources to steal the (nonexistent) drugs and (nonexistent) money and would tell targeted individuals to enlist their friends to assist in the burglary. When people arrived at the stash house, Bureau officials would arrest them and charge them with conspiracy to possess drugs with intent to distribute. Fagan’s study looked at individuals who would be eligible targets for recruitment according to the Bureau, and compared them against the people agents actually singled out. He found that: no statistical explanation except disparate racial treatment makes sense.

  • At least 91% of the time agents targeted Black and Latino people.
  • Three different tests for disparate racial treatment indicated that “race remains a statistically significant predictor of selection as a Stash House defendant.”
  • The probability that only one white person would be selected of the fifty-seven individuals from 2011-2013 is less than 0.1%.
  • Black and Latino people are so overrepresented, no statistical explanation except disparate racial treatment makes sense.

What is most alarming about drug stings and asset forfeiture is that they have been justified as ways to protect communities. However, a District Court judge described the ATF’s sting cases as the government “ensnaring chronically unemployed individuals from poverty-ridden areas.” Because agents have targeted Black and Latino people, communities have less reason to trust or assist law enforcement, and remain trapped in a cycle of poverty and incarceration. With 2016 being Chicago’s “deadliest year” and as the city’s racial and economic disparity remains stagnant, or in some cases increases, the need for reform is dire.

With the passage of House Bill 303, currently sitting on Governor Rauner’s desk, Illinois could make huge strides in civil asset forfeiture as the bill requires greater transparency and an increased burden of proof. Attorney General Sessions has made recent efforts to undermine state reforms in this area, but HB 303 passed with only one “no” vote in the Illinois State Senate. Hopefully, this signals Illinois will continue making unjust civil asset forfeiture a thing of the past.

And just as advocates are calling for greater oversight in Illinois, the ATF is being criticized for inadequate oversight and lacking direction. In a recent St. Louis sting, agents reported they were given no written direction on how to run their storefront operation, and the Chicago sting report stated that in some cases, informants said they chose targets after simply meeting them on the street. These approaches tear people away from their community by putting them behind bars and show little public safety gains. Instead of the government going out of its way to set people up for failure, policymakers could take alternative job and education approaches to give them a chance to succeed. Likewise, Chicago can still emphasize the resilience of the city, its communities, and probable good intentions of individual police officers in tandem with reform. There are other ways to keep people safe, investigate cases, and achieve justice. None of those ways involve taking 12 cans of peas.


by Lucius Couloute, August 9, 2017

Correctional facilities that implement video calling technology typically argue that they are providing a better way for families to stay in touch. But as our national research shows, the introduction of this technology almost always signals a roll back of in-person visits and a new way of extracting profits from captive consumers.

One of the many grassroots organizations organizing around the harms of the video “visitation” racket is the Durham Inside-Outside Alliance; their blog is a must-read for people working on this issue in other states. In particular, it highlights the voices of incarcerated people who are reshaping the debate around poorly functioning and expensive video calling technology.

Here’s what incarcerated people have to say:

“About this (video) visitation, I think it’s bogus because a lot of parents come to visit their kids and the only way they know that they are fine is through a real visit. Seeing and knowing that they’re fine. You can’t tell through a phone visit, that doesn’t give that fist bump, that ‘I love you’ smile, or that one moment where you gotta shed that tear and the person on the other side of the glass tells you, ‘Hey, don’t worry, it’s gonna be ok…’”

Another person goes on to say:

“All of my family and friends live 2-3 hours away! So the few that are able to come see me drive all that way to see me for 20 minutes! Could you imagine driving that far to sit in front of a video screen instead of actually seeing their loved one in person?!”

Going to jail can be a terrifying experience; it separates people from their homes, jobs, friends, family, and freedom. The risk of unnatural death skyrockets in jail, due in part to the shocking disconnection from ordinary life that an abrupt period of incarceration can cause. Keeping in contact with loved ones can be one of the very few ways in which incarcerated people make it through; and as these quotes suggest, replacing in-person visits with substandard video chatting just isn’t good enough.

“The jail claims that they’re not going to do away with our face-to-face visits, that they added the video visits to give us more time with our family, in other words it’s [supposed] to be a win-win for us. Damn shame! They got a lie for every question people throw at them. If it was all about us getting more visits with our family, then why not give us face to face visits all throughout the week instead of spending money on all this new equipment? […] Them guards get to go home […] We don’t…”

And as another individual put it:

“What is the purpose of video visitation? The Sheriff claims it’s only an alternative – not a replacement – to face-to-face visits. If that’s true, then it would be advantageous to those who live hundreds of miles away and out of state, provided they can utilize Skype or some other home computer video to implement such visits.

I believe most detainees’ families live in or near Durham. If these family members are relegated to coming to the jail, only to sit before a monitor downstairs to see and communicate with us through another monitor upstairs, that would be a travesty of justice, an unnecessary invasion of privacy on our visits, and a waste of tax dollars.

Instinct and history tells me that video visitation is not going to be an alternative form of visitation. Rather, due time, face-to-face visits will be phased out to give the Sheriff a captive audience to charge exorbitant fees for visits. Otherwise, why try to fix what’s not broken? For the most part, detainees in jail have not been convicted of any crime. Under our system of jurisprudence, we are supposed to be deemed innocent until we are proven guilty. But in reality, this jail treats us in opposite fashion with this Board’s seal of approval.”

The incarcerated people writing to the Durham Inside-Outside Alliance are right to be concerned that in-person visits will be eliminated after the installation of video terminals. While some jails add off-site video calling to supplement in-person visitation, the only reason that jails build on-site video calling booths is so they can then ban traditional in-person visits. Correctional staff might not see the problem with preventing incarcerated people from seeing their loved ones in person, but for those behind bars who can’t go home at night, it means everything to them.

So what about the jail’s argument that video calls give incarcerated people more time with their families? Existing evidence says the opposite is more likely to be true. A survey conducted by Travis County (TX) Sheriff’s Office after they changed to video-only “visitation”, found that 91% of visitors reported that they would prefer face-to-face visitation. In fact, our analysis found that “visits” decreased by 28% after the sheriff banned in-person visitation. The simple truth is that replacing in person visits with poorly functioning video calling systems makes it harder – not easier – for families to maintain relationships.

Incarcerated people want to be able to communicate with their loved ones in a calm and comfortable environment because it helps maintain connections that will eventually aid in the reentry process. Forcing them to speak with visitors using video terminals placed in public areas only inhibits successful reentry.

If policymakers are legitimately concerned about making the transition out of correctional facilities as smooth as possible, they must incorporate the visitation-related concerns of incarcerated people. Because sometimes, the best answers are staring right back at us (and hopefully not through grainy video screens).


by Aleks Kajstura, July 31, 2017

In a continued effort to gain FCC approval of a sale to Gores, Securus is now complaining that advocates are using Securus’ published phone rates to show… well, Securus’ phone rates.

That put the Wright Petitioners in the rather awkward position of having to explain that they were doing exactly as Securus requested when it challenged everyone to look at the facts. Securus claimed that the average rate is about $0.18 per minute. To test out their claim, the Petitioners looked at the cost of calls to the home court of the Detroit Pistons, who are owned by Gores, the man interested in buying Securus. Here are the findings they reported to the FCC:

The data… was pulled directly from Securus’ rate calculator, reflects that no inmate in Michigan would be able to call the Palace of Auburn Hills for $.184 per minute, under any Securus calling plan. The least expensive call would be from the Wayne County facilities, and that rate is $0.50 per minute.

Thus, while Securus should be commended for urging the public to “look at the data – the data does not lie”, it is clear that Securus has presented data to the Commission in connection with the proposed transaction that is demonstrably false.… [I]t is inconceivable that every single correctional facility in the State of Michigan – with Securus serving more than 70 – is simply an outlier in comparison to Securus’ claimed average rate of $0.184 per minute.

And Securus’ pricing anomalies don’t stop at phone calls. Securus also claimed to charge “only $.24 per minute” for video visitation. But once again:

Securus charges far more than $.24 per minute for its video visitation services in a vast majority of its correctional facilities where it charges a fee, with the average rate for remote family members being $.35 per minute. Further… when Securus charges a fee for attorneys to have remote access to their clients, the vast majority of those rates are above $.24 as well, with the average per minute rate being $.38.


by Lucius Couloute, July 24, 2017

Last week Senator Tammy Duckworth introduced the Video Visitation and Inmate Calling in Prisons Act of 2017. This piece of legislation is an important step in the fight against exploitation in prisons and jails, and we encourage lawmakers, criminal justice professionals, and the general public to support its passing.

Although purportedly designed to help people communicate with incarcerated loved ones, video calling technology has typically been used in correctional facilities to replace – not supplement – in-person visits. In fact, 74% of jails banned in-person visits when they implemented video visitation, preventing incarcerated people from maintaining important ties with their loved ones.

The Video Visitation and Inmate Calling in Prisons Act of 2017 would require the FCC to regulate the use of video visitation and inmate calling services in correctional facilities (which it has moved away from under the new Chairman); protecting incarcerated people from the elimination of in-person visits, the high costs of calling services, and substandard video calling technologies.

Earlier this year, the Prison Policy Initiative, along with a coalition of concerned organizations, came together to support a previous version of this bill. With the number of facilities switching to video-only visits growing quickly, regulating the exploitive video visitation industry has become an urgent concern.

For incarcerated people who rely upon the support of loved ones, and for the millions of children who need to connect with their parents behind bars, it is crucial that we continue to support common-sense legislation like the Video Visitation and Inmate Calling in Prisons Act of 2017.


by Elliot Oberholtzer, July 18, 2017

A new report from the Bureau of Justice Statistics (BJS) sheds light on the treatment of disabled people in our society. This report, which compiles nationally representative data from 2011-2015 based on the National Crime Victimization Survey, shows that disabled people experience violent victimization at over twice the rate of people without disabilities. (On average 32 per 1,000 disabled people experience violent victimization annually, compared to 13 per 1,000 non-disabled people.)

Key findings include:

  • Disabled people experience significantly higher rates of rape/sexual assault, robbery, aggravated assault and simple assault than non-disabled people.
  • Disabled youth ages 12-15 are victims of violent crime at over four times the rate of their non-disabled peers: 144 out of every 1,000 disabled youth experiences violent victimization each year.
  • 40% of the violence against disabled people was committed by someone they knew, and 10% of that was by a relative (not including romantic partners). Both of these numbers are significantly higher than for non-disabled people, who are more often victimized by a stranger.
  • 16% of violent crime victims with disabilities believed they were targeted due to their disability. (For more details see the BJS Hate Crime Victimization Report.)

Disabled people, particularly disabled youth, are often in the position of needing to rely on the people around them for support and to accomplish necessary tasks. As this data suggests, the position of power that non-disabled people have over the disabled people around them can lead to victimization and abuse.

The difference between disabled and non-disabled rates of violent victimization may be even more stark than this data suggests, because this data does not include institutionalized disabled people (including those in jails, prisons, residential care facilities, and assisted living facilities). Roughly 95% of people 65 and older in elder care institutions report at least one disability, and people in state and federal prisons are nearly three times as likely to report having a disability, both major populations that this study does not include.

The Human Rights Watch suggests that use of force abuses against disabled people in prisons is “widespread and may be increasing”. Ongoing studies of police violence also suggest that disabled people are a disproportionate percentage of those killed by police. Though this new study is an important addition, the picture of societal violence against disabled people is far from complete.


by Wendy Sawyer and Alex Clark, July 13, 2017

Jeff Sessions has famously parlayed his reputation as a zealous and harshly punitive prosecutor into a powerful political career; but among the elite, is his background really so unusual? And to what extent do political ambitions influence prosecutors’ decisions?

It’s now possible to examine the scale of prosecutors’ influence on American politics and justice, thanks to Fordham University historian Jed Shugerman. On Friday, Shugerman announced a new project exploring the emergence and impact of “prosecutor politicians” in recent U.S. history. He also made his extensive database publicly available, which will be invaluable for those of us looking at the role of prosecutors in shaping our criminal justice system.

As part of his research into politicians who began their careers as prosecutors, Shugerman and a team of research assistants looked into the prosecutorial backgrounds of Supreme Court justices, circuit judges, state attorneys general, governors, and senators from each state since the 1880s. The result is a groundbreaking database of American public officials and their legal and political background, impressive in its historical and geographical scope and detail. (Shugerman is quick to point out that the database is a work in progress, one that he hopes will benefit from crowdsourcing additional documentation and analysis.)

This research offers a new perspective – and critical new data – on the connections between prosecution and politics. In our initial look at the data, we focused on just public officials who have held office in the past ten years, and found examples of Shugerman’s “prosecutor politican” in 38 states. Of those in office at any point between 2007 and 2017, 38% of state attorneys general, 19% of governors, and 10% of U.S. senators had prosecutorial backgrounds.

50 state chart showing which states have had a senator, governor, and/or attorney general with prosecutorial experience in office between 2007 and 2017In at least 38 states, a senator, governor, and/or attorney general holding office in the past 10 years was once a prosecutor. This chart may understate the prevalence of these “prosecutor politicians,” since the source is a work in progress and has no data for some positions in five states as of July 7, 2017, and does not include changes in all offices after January 2017.

According to Shugerman, the “prosecutor politician” has emerged as a political force in recent history, having a detrimental impact on our criminal justice system. Shugerman argues that the prosecutor’s office has become a “stepping stone for higher office… with dramatic consequences in American criminal law and mass incarceration.” This hypothesis dovetails with the work of John Pfaff, who argues that prosecutorial decisions explain much of mass incarceration.

Shugerman’s inspiration for the project was his observation that in recent history, prosecutors with political aspirations appear to have prioritized public opinion and personal gain over justice. Their decisions have, in turn, made justice outcomes more punitive for millions of civilians, and noticeably more lax for police. Shugerman hypothesizes that ambitious politicians are drawn to the prosecutor’s office, where they prosecute more arrests and develop a reputation for being “tough on crime.” Yet while they prosecute many defendants too aggressively, such prosecutors also fail to adequately prosecute police officers who have killed Black men: “Suburban/rural prosecutors generally underperform, and perhaps even sabotage, their prosecutions of police in these cases because of their own political ambitions.”

John Pfaff’s work turned the attention of criminal justice reformers to prosecutors earlier this year; and now Shugerman has offered us a tool to further gauge the scope of the problem. If Shugerman’s theory is correct, and prosecutors are subverting justice out of political ambition and fear of public reproach, changing justice outcomes will require greater scrutiny of prosecutors and their decisions.


by Lucius Couloute, July 11, 2017

On April 6th our Senior Policy Analyst Bernadette Rabuy took part in a panel discussion on overcriminalization and indigent legal care at Georgia State University. Along with other leaders in the field, Bernadette addressed how overcriminalization not only affects incarcerated people and those under community supervision, but their families and communities as well. Check out the video above!


by Stephen Raher, July 6, 2017

Illustration depicting faces behind bars within tablet screens

In 2010, Apple made waves when it introduced the iPad. Over the last seven years, consumers have been busy trying out ever-more-powerful mobile devices; meanwhile, correctional facilities have been quietly experimenting with letting incarcerated people use limited-function electronic tablets inside prisons and jails. Correctional administrators are often resistant to change, but after a few tentative forays, some prison systems are beginning to adopt tablet programs on a larger scale.

A recent Denver Post article reports that the Colorado state prison system has awarded a contract to prison communications giant GTL (formerly Global Tel*Link) for a tablet program that will eventually be deployed in all the state’s prisons.

The Colorado Department of Corrections (DOC) is somewhat of an early adopter of emerging communications technology. For several years it has offered electronic messaging, an email-like service that allows people in prison to send and receive messages using a proprietary, fee-based platform operated by a contractor. Colorado DOC’s electronic messaging program isn’t perfect, but its rollout was notable for giving people a new communication option. The tablet program, on the other hand, foreshadows a potential new paradigm in corrections, shifting numerous communications, educational, and recreational functions to a for-profit contractor; and, at the same time, making incarcerated people and their families pay for services, some of which are now commonly funded by the state.

What makes the Colorado/GTL contract especially frustrating is that it could have been an innovative step toward providing incarcerated people with useful technology. Experts who have studied government technology contracting warn that projects often fail because details are not sufficiently thought through. The Colorado DOC seems to have walked down this familiar path by focusing largely on its own financial interest without giving much thought to the user experience or the financial impact on incarcerated people and their families.

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