Prison Break: Housing First and Justice Supports
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Prison Break: Housing First and Justice Supports Pathways To Housing Calgary, Alberta, Canada Sarah Knopp B.A., M.C. Associate Director Pathways to Housing Rameen Farokhzad B.A., M.C. in progress Justice Specialist Pathways to Housing Objectives • Understand the cost of the justice system both monetarily and socially • Understand the role and responsibilities of justice specialists • Understanding of Diversion Programs and benefits • Client success stories Why is this conversation important? • 1 billion spent annually on the War of Drugs in Canada • Estimated $100 Billion in the USA (Mate, 2008; Elrod, N.D.). • Criminalizing creates the view of “other;” this language allows judgment and moral justification (Davis, 2003). Reintegration is almost impossible (Mate, 2008) Why is this conversation important? • Prison creates riskier people; higher rates of risky behaviour, drug use, and unprotected sex with high numbers of partners after serving a sentence (Kushel et al, 2005). • The race issue (Davis, 2003). Canadian Statistics • 23% of inmates are indigenous people, while they make up 3% of total population (Statistics Canada Website) • Federal prison: $298/day; Remand: $196/day; Pathways to Housing: $93/day United States Statistics • $94-$200/day depending on the employee/inmate ratio and capacity of the prison. More inmates = less cost per capita. Incentive to keep prisons full (Pettit & Weston, 2004). • By mid 30’s, 3% Caucasian men served a sentence • By mid 30’s, 20% of African American men served a sentence; if no college education, 30% of African American men served a sentence; if high school dropouts, 60% served a sentence (Pettit & Weston, 2004). United States Statistics • Historically, first time drug possession charges often resulted in longer sentences than murder charges (Mackey- Kales & Hahn, 1994). • The end of 2014: 6, 851, 000 people incarcerated (2.8% of adult population; 1/36 adults • Some good news: since 2007, incarceration rates have been decreasing about 1% per year (Bureau of Justice Statistics). Role of Justice Specialist • Support clients with their legal issues • Accompany clients to court • Assist clients with finding a lawyer • Advocate for clients to prevent incarceration and fines • ensure that the client's rights are fairly represented (E.g lawyer) • Write a referral letter to the crown to get clients to apply for diversion Role of Justice Specialist • Write progress reports for the crown every 3 months • Individualized conditions for each client • Attend diversion court and review clients progress report with the crown • Support clients with other matters (advocating for social injustice, police complaints, child and family services • Facilitate justice group to educate about their rights and criminal justice system Basic Principle of the Criminal Act • Presumption of innocence • Burden of proof • Proof beyond reasonable doubt • Prove the offence in open court • Age of criminal responsibility • Elements of offence • Actus Rues and Mens Reas (case e.g) (Jones, 2011) Diversion AKA Alternative Measure • Programs designed to keep offenders from being prosecuted and convicted in the criminal justice system (Paternoster & Bachman 2007) Benefits of Diversion • Avoidance of negative labeling and stigmatization • Reduction of unnecessary social control and coercion • Reduction of recidivism • Provision of services/quality of lives • Reduction of justice system costs (Paternoster & Bachman 2007) Eligibility for diversion • Must have a mental illness • Must be assessed and accepted by the crown prosecutor • Client must be willing to participate Pathways Diversion • What kind of charges are divertible? • How are clients accepted? • What are the standard conditions? • How long is the Diversion Program? • What is required to graduate from the Diversion program? Diversion vs Criminal Justice System • Craig vs. John • Cheryl vs. Sarah • Dylan vs. Peter Canada criminal code: R.S.C. 1970 Players Involved in Diversion • The provincial crown • Non-profit lawyers • Volunteer lawyers • Legal Aid Lawyers • Case manager/Community supports Client Success Stories • Craig • Cheryl • Ray • Darcy References Canada criminal code: R.S.C. 1970, c. C-34 as amended to 1976-77, c. 53: Table of concordance of criminal code amendments 1892-1977. (1979). S.l.: S.n. Davis, A. (2003). Are prisons obsolete? New York: Seven Stories Press Elrod, M. (n.d). Drug sense: Moving the debate on drugs from insanity to humanity. Retrieved From http://www.drugsense.org/cms/wodclock Mackey-Kallis, S. & Hahn, D. (1994). Who’s to blame for America’s drug promlem?: The search for scapegoats in the “war on drugs.” Communication Quartlerly, 42(1), 1-20. References Margot B. Kushel, Judith A. Hahn, Jennifer L. Evans, David R. Bangsberg, and Andrew R. Moss. Revolving Doors: Imprisonment Among the Homeless and Marginally Housed Population. American Journal of Public Health: October 2005, Vol. 95, No. 10, pp. 1747- 1752. doi: 10.2105/AJPH.2005.065094 Mate, G. (2008). In the realm of hungry ghosts. Toronto: Alfred A. Knopf Canada. Paternoster, R., & Bachman, R. (2007). Explaining criminals and crime: Essays in contemporary criminological theory. Los Angeles, CA: Roxbury Pub References Pettit, B. & Western, B. (2004). Mass imprisonment and the life course: Race and class inequality in the U.S. incarceration. American Sociological Review April 2004 vol. 69 no. 2 151-169. doi: 10.1177/000312240406900201 Verdun-Jones, S. N. (2011). Criminal law in Canada: Cases, questions et the code. Toronto, Ontario: Nelson Education. Questions? Sarah Knopp Associate Director Pathways to Housing and Homebase 403-266-8881 [email protected] Rameen Farokhzad Justice Specialist/ Assist Program Manager Pathways to Housing 403-266-8881 [email protected].