At last count, there were more than 1.2 million people serving time in federal or state prisons across our country. While their crimes vary, the vast majority share one thing in common: They will, at some point, be released.
That reality invites a critical question: Are we adequately preparing incarcerated people to succeed in society, as neighbors, colleagues and family members?
We approach this issue from very different backgrounds and perspectives. One of us runs a conservative organization and spent years as a missionary and minister working with victims of crime; the other served 24 years in prison and now leads California’s Anti-Recidivism Coalition, an organization that helps currently and formerly incarcerated individuals take accountability and rebuild their lives.
While we don’t see eye to eye on every issue, we do share a fundamental belief that people deserve an opportunity for redemption and are capable of positive change.
We also believe that one key responsibility of our justice system is to help facilitate that change, not only because it’s the right thing to do, but also because it benefits public safety. By incentivizing personal growth and helping incarcerated people stay connected with their families and communities, we can increase the odds they will successfully reintegrate into society upon release.
How do we accomplish this? We examined that question while serving together on the nonpartisan task force on long prison sentences, launched by the Council on Criminal Justice. With members ranging from law enforcement leaders to researchers, advocates and crime victims, our panel produced a set of recommendations designed to strengthen public safety while promoting rehabilitation for those who have caused harm.
One place to start is with better educational and support programs in prisons, especially for people serving long sentences who are often ineligible for opportunities reserved for those serving shorter terms.
Research has consistently identified a wide range of correctional programs that can help reduce recidivism. As any warden will tell you, such programs also promote a stable prison environment and enhance safety for correctional staff.
To encourage participation, we should expand access to “earned time.” Earned time policies allow incarcerated people to shave off a portion of their sentence by successfully completing rehabilitative programs. Over the last several decades, however, the use of earned time was cut significantly as many states began requiring inmates to serve a larger percentage of their court-imposed sentence.
Some states have rediscovered the importance of incentivizing completion of rehabilitative programs through sentence credits. In April, for example, Colorado passed a bill that takes six months to two years off a person’s sentence for successful completion of an educational degree. Michigan introduced similar legislation, whose supporters included crime victims.
Another important way to promote rehabilitation is through second-look opportunities. Second looks enable judges to reconsider lengthy sentences based on a range of factors, including evidence of rehabilitation or changes in how similar cases are handled today.
Crimes stemming from substance use disorders and severe mental illness, for example, are now viewed — and punished — differently than they were decades ago.
While many second-look laws have centered on cases involving youth, a handful of states —including Illinois, Louisiana, Oregon and Washington — have enacted bills that allow for sentence reconsideration without age restrictions. A similar proposal is under consideration in Michigan.
These and other recommendations from our task force advance public safety. One of the most consistent findings in criminology research is that most people “age out” of crime; thus, the benefits of incapacitation diminish over time, and releasing people at the tail end of longer prison sentences has little to no impact on public safety.
An analysis of more than 2,000 individuals in California—who were sentenced to life with parole and released between FY 2011 and 2015 through a process that mirrors second looks — found that only 2.3 percent to 4.2 percent were convicted of a new misdemeanor or felony during a three-year follow-up period. Only 0.4 percent were convicted of a violent crime.
What’s more, correctional systems have proven they can administer programs that effectively reduce prison sentences without jeopardizing public safety. The federal government released more than 11,000 inmates through the CARES Act as part of efforts to thin prison populations when the COVID-19 pandemic began. While a few hundred returned to prison for technical violations of the rules governing their release (mostly alcohol or drug use), only 17 (less than .02 percent) of those released committed new crimes.
At a time of partisan divide, it is critical that Americans find issues where they can unite for the greater good. The power of rehabilitation and hope is a concept we can all support. Let’s embrace second looks, earned time and other policies that incentivize change and promote the possibility of redemption. Let’s help people return home from prison as the best possible versions of themselves.
Timothy Head, executive director of the Faith and Freedom Coalition, and Sam Lewis, executive director of the Anti-Recidivism Coalition, are members of the Council on Criminal Justice Task Force on Long Sentences.