The Department of Corrections (DOC) is recalculating sentences for approximately 3,444 offenders in Iowa prisons after the Iowa Supreme Court ruled in Anderson v. State that a probationer may count the time in which he was “committed to the DCS [Department of Correctional Services] for electronic monitoring and home supervision” as earned time. Earned time is that amount of days that is subtracted from an inmate’s sentence for good behavior. It appears as though the DOC had been requiring probationers to start their sentences all over again once probation was revoked and the violator entered prison.
3,444 inmates must have their sentences recalculated. There are approximately 8,800 Iowa prisoners incarcerated in the various correctional facilities across Iowa. You can do the math, but it amounts to roughly 40% of the offenders that may have their sentences reduced. The DOC, county attorneys, and others are screaming that “the sky is falling”. They’re concerned that these offenders might be released into society. I hate to bring this up, but wasn’t the offender a threat to society when he or she was on probation? What’s different?
A huge concern for the DOC is the fact that many of these offenders will be released without supervision, without rehabilitation, and without services. Shall we blame the courts for a problem that exists with our prison system? When I began this essay with the statement that “we have a problem” I wasn’t referring to the problem seen by DOC, the county attorneys, etc. No, I’m claiming that the problem is with the manner in which services are provided to offenders lying in waste within the walls of our state’s correctional facilities.
There are three primary reasons for incarcerating offenders: Punishment; rehabilitation; and societal protection. The first and third reasons are no-brainers. Rehabilitation should be a constant goal because over 90% of offenders will be released back into society at some time. The DOC’s mission statement states that:
Offenders under our supervision participate in rehabilitative programming, including basic education, mental health and substance abuse treatment, life skills, victim empathy, and work experiences. Beginning with their first day in prison to their last day of community supervision, our reentry planning and coordination is designed to assist offenders’ successful reentry into society and to reduce the likelihood of future victims.
The statement says that this all takes place from the first day in prison. But that’s not true. If it was true, why would the sky be falling? Most programs are placed on hold until the offender gets nearer to a release date. True, some educational and life skills programs are available once an offender has been transitioned into the system. But often, substance abuse treatment and especially work experience programs are delayed until an inmate is closer to being released from incarceration. Therein lies a problem.
Rehabilitation, including substance abuse and alcohol abuse issues need to be addressed up front – from the beginning. A person who is going to be incarcerated for five years will claim that they don’t have a problem after 3 years. “I don’t have a problem; I haven’t used for 3 years!” One of the first steps toward recovery is an acknowledgement that a person has a drug or alcohol problem. Waiting until a person is about to be released before being admitted to a rehabilitation program can only serve as fertilizer for denial. Treatment needs to be addressed immediately if it is to be effective. If those 3,444 offenders who may be released earlier than expected had been receiving treatment, life skills, and victim empathy from the first day they entered the Oakdale facility, the job of rehabilitation would be complete (or near complete) and protecting society would fall into order.
Yes, we have a problem. It needs to be fixed from the inside. It’s time to quit blaming the courts and the legislature and perform the mission as stated. “Beginning from the first day . . . “
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This is an issue dear to my heart. The fact that prisoners are not allowed to get into substance abuse, sex offender, and other types of treatment until just prior to parole or discharge is a tragic mistake. This means that they continue to practice the unhealthy patterns of thinking related to their illness for years before they get any help in taking responsibility for their behavior, addressing the major issues in their lives and in developing healthy ways of thinking and living. One of my friends finally got Sex Offender Treatment after 28 years in prison. He lamented that he had spent all those years blaming his victim and being ashamed of the fact that he himself had been the victim of abuse as a child. It was like a new world opened up to him. Without treatment the “wrap around services” the DOC loves to talk about just wrap prisoners right back into the prison system.