Note on civil commitment
Electric Fetus said:
Is prison effective than? I rather we find away to make criminals functional for our society so that my tax dollars aren't wasted keeping them alive. We need chain gangs, slave labor of criminals, re-education of criminals so when they get out they make functional citizens ....
A local radio show,
The Conversation, recently considered the issue of
civil commitment:
Ross Reynolds (host): How many people are being committed right now as sexual predators.
Brooke Burbank (Sexually Violent Predator Unit): .... Right now, there are roughly two-hundred individuals who are committed; there are approximately seventy-five additional individuals who are pre-trial detainees.
RR: How is someone civilly committed?
BB: It's a lengthy process; it begins when they are about to be released from the Department of Corrections on their criminal sentence. The state reviews pretty much every document pertaining to their life: their criminal history record, court documents, any mental health evaluations, any sex offender treatment records. And all of that information is given to a forensic psychologist for review to make a determination if they suffer from a mental disorder. And in addition to the mental disorder, they must be determined to be more likely than not to re-offend in a sexually-violent manner if not confined to a secure facility.
• • •
RR: How many people have gone through the civil commitment procedure and eventually been let out?
BB: There are apparently about twenty-nine individuals who have been outright discharged. There are an additional fourteen individuals who have made it through the treatment program at the special commitment center and are currently on what is called a less-restrictive alternative placement. And that entails a treatment regime and careful monitoring by either Department of Corrections or other approved escorts.
RR: I guess one way to evaluate its success would be to look at those twenty-nine people who've gone through it and the fourteen who are in less-restrictive environments, and ask have any of them re-offended?
BB: And to my knowledge, none of them have. There have been a few individuals who were released and then committed what's called a recent overt act, and were subsequently sent back to the special commitment center. So, for example, if an individual who has a history of committing offenses against children is found in a daycare center or looking at children in the library, something like that, that may qualify as a recent overt act. So there have been some individuals who have been sent back after being found committing recent overt acts.
(
The Conversation (.mp3))
The segment starts about 80% of the way through the program; listen for the Crowded House riff marking the transition between segments.
In general, slave labor won't help; prisoners have in the past been paid a sub-minimum wage, so that they have some funds upon leaving prison. While this in and of itself is an insufficient barrier against recidivism, we would only exacerbate the situation by returning to slavery.
Re-education is a controversial subject. Ninety years ago,
Emma Goldman wrote of how prison labor was undermining the free labor market normally reserved for women and the disabled (shirt-making and broom-making respectively). Of course, as an Anarchist, she found her complaints brushed aside. Thus, it was ironic when I heard, on the local FOX affiliate, a news story in which a technology-related business owner lamented that he had to compete with prison labor. Whether it's "giving prisoners what law-abiding folks don't get", or interfering with local market competition, there have, at least during my lifetime, always been complaints about educating prisoners. Perhaps in the 21st century, people are more willing to look at the social investment, the hope of lowering recidivism. But, in truth, the first decade has been so dominated by wars and rumors of wars that I've lost track of the issue.
And we must remember that in many cases, sex offenders suffer certifiable mental illnesses. This is the point of civil commitment; they are too dangerous to be released into the public, yet the applicable sentencing scheme is found insufficient. We cannot arbitrarily extend the sentences, so the criminal danger is transformed into a mental health issue. Indeed, Washington state has altered its sentencing schedules in order to keep offenders locked up for longer periods, but, in the end, we must at least acknowledge that this solution simply throws mental illness into prison.
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Notes:
"How Will You Vote on the Sound Transit Light Rail Proposal?" The Conversation. KUOW.org. October 1, 2008. http://www.kuow.org/program.php?id=15957
Goldman, Emma. "Prisons: A Social Crime and Failure". Anarchism and Other Essays. New York & London: Mother Earth Publishing Association, 1911. http://dwardmac.pitzer.edu/Anarchist_archives/goldman/aando/prisons.html