United States International Policies
The attached fact sheet outlines a few policy changes that have occurred across our country, based on practices found in the countries you have already read about. Choose one of the policies and research the area in which it’s being implemented. Then, share your findings with your classmates. For example, in San Diego, California, they are changing the way in which “quality of life” offenses are being policed, related to community policing. If I was answering this discussion, I would link to their informational brochure and then discuss some of the ways in which they have implemented “neighborhood policing” to try and avoid unnecessary arrests. Please make sure to also describe the country of origin, as well.
Some jurisdictions in the U.S. have already implemented policies that are similar to ones in other nations.
PolIcy or aPProach
community-Based Policing
no commercial Bail
limited Use of Mandatory Mini mum sentences
treatment, not Incarceration
coUntry that does It
Finland: Finnish police have a lot of contact with people in the community without higher incarceration rates.
All comparison nations: No other comparison nations permit commer cial, for-profit bail in which a 3rd party, usually a bailbondsman, posts bail on behalf of a person in jail.
Canada and Australia both only use mandatory minimums for violent of fenses, usually murder.1 In Australia, the Western Territory is the only terri tory to use mandatory minimums for nonviolent offenses. 2
Switzerland: The Four Pillars ap proach to drug use focuses on pre vention, treatment, harm reduction, and enforcement in that order of priority. 5
Vancouver, Canada: The Four Pillars policy in Vancouver follows a similar model to Switzerland and includes other life skills, like job preparation. 6
U.s. JUrIsdIctIon
San Diego, California: Police in San Diego ad opted a neighborhood policing strategy to reduce “quality of life” offenses, like graffiti and loitering. San Diego’s crime and arrest rates dropped.
Oregon, Illinois, Kentucky, and Wisconsin abol
ished commercial bail and require down-pay ments to the court, which are refunded only upon the person’s appearance in court.
Michigan: In 2002, Michigan ended the practice of using mandatory minimums for drug offenses. 3
U.S. federal government: In 2010, the United States scaled back mandatory minimum sentenc ing related to crack cocaine, reducing the dispar ity in sentencing for cocaine versus crack from 100 to one to 18 to one. 4
California: The Substance Abuse and Crime Prevention Act of 2000 (SACPA), or Proposition 36, went into effect in California in 2001 in order to reduce the use of incarceration for people charged with nonviolent offenses, reduce drug related crime and increase public health. It re quires the use of drug treatment as an alternative to incarceration for for adults convicted of non violent offenses and for drug possession for per sonal use. From its passage in November 2000 to December 2005, the rate of people incarcer ated for drug possession in California dropped by 34.3 percent, from 89 to 58 people per 100,000. Implementation of SACPA may not be the sole cause of this rapid decrease; there were, how ever, no other major public policy changes during this time. 7
PolIcy or aPProach
day Fines
Increase conditional release
Parole services over supervision
coUntry that does It
Germany and Finland: In lieu of short-term incarceration an individual is fined based on the calculation of offense and the cost of an individual’s day of freedom (the amount of in come an individual would have for feited if incarcerated for a day).8 The fine is meted out in day increments, for example a 20-day fine or a 60-day fine. Defaulting is rare, but responses to default can include jail.
Australia: If the federal sentence is less than 10 years, the person is automatically released after the non parole period without the discretion of government officials. If the sentence is over 10 years, the Minister makes the release decisions. 11 At the state or ter ritory level, there are similar practices related to non-parole periods. 12 Finland: People who have not been in prison at some point in the prior three years of the current offense, can be released after serving half of the sentence. If the offense was commit ted when under 21 years of age, the corresponding time is one-third. Other wise, people sentenced to prison can be released on parole when they have served two-thirds of their sentence or half of the sentence if the offense was committed when the person was un der 21 years of age. 13 On certain con ditions, people serving life sentences can be released after serving 5/6 but at least three years of the sentence.
Finland: Supervision is required in only one out of five cases, but services are available to all people released from prison. Canada: Cognitive Behavioral Treat ment approach is used to address a person’s individual responses to their environment, as well as the environment itself.16
U.s. JUrIsdIctIon
Maricopa County, Arizona; Bridgeport, Connecti cut; Staten Island, New York; various counties in Oregon; and Polk County, Iowa9 all tried a ver sion of day fines during the 1990s with various levels of success. 10
Mississippi: In 2008, the state legislature passed a law allowing people serving sentences for non violent offenses and people who have not com mitted multiple offenses to become eligible for parole after serving 25 percent of their sentence, 14 which scales back a 1995 law that required people in prison to serve 85 percent of their sentence. 15
Kansas, New Jersey and Georgia have imple mented initiatives designed to create a service centered, graduated response approach to parole with less concentration on surveillance. All have reduced parole revocations. 17
PolIcy or aPProach
youth develop ment approach to Juvenile Justice
coUntry that does It
Finland: Finland focuses heavily on welfare, using “Care Orders” that connect youth to social services and supports. In 2007 only three people under the age of 18 were in custody.
Germany: Instead of detention, the German system focuses heavily on “educative and disciplinary mea sures” that provide for social and economic supports and reparation for the offense. 18 Sentences of edu cative measures are often available to people up to the age of 21 for a first offense.
U.s. JUrIsdIctIon
Missouri: Missouri invests in community-based alternatives to incarceration for youth and uses its long-term secure confinement facilities to provide counseling and education in a more home-like setting. 19 In 2006, Missouri’s recidivism rate was 8.7 percent, lower than other states. 20 The state also realized significant cost savings, spending approximately $94 for each youth aged 10-17, compared to the surrounding eight states that spent, on average, $140 per young person. 21
District of Columbia: In 2009, the District of Co lumbia opened the New Beginnings Youth Devel opment Center to serve youth committed to the care of the Department of Youth Rehabilitative Services. The facility and the continuum of care built around it are similar to the Missouri Model.