Barriers
PREVENTION
Studies show that the precursors to crime occur early
in the lives of serious offenders (Loeber & Farrington, 1998). However,
by law, the juvenile system cannot deal with delinquency by youth below
the age of 10, and there is no alternative agency that is responsible for
delinquency by younger juveniles. Consequently, there is a fragmented and
limited system of services for troubled youth below the age of 10 (Mauer,
1999).
As was mentioned previously, from what we know of
the prevention system, it appears that Austin/Travis County has the types
of programs, if not slots, that are needed by troubled youth. Barriers
to the crime prevention "system" are not limited to a need for new types
of programs, but rather there needs to be a change in the manner in which
current programs are delivered.
Despite the fact that children at risk of offending
typically have multiple risk factors (see Table
3), the prevention "system" often does not assess children to determine
all of their needs and treat them and their families in a holistic manner.
If only one risk factor is addressed in a child that has several, the risk
of offending is not greatly reduced (Loeber & Farrington, 1998).
In addition to the lack of assessment and holistic
intervention, some prevention services are not provided long enough to
have long-lasting results. Often prevention and intervention programs provide
only a few days or hours of intervention. Despite good intentions, this
duration may not be long enough to permanently change behavior (Loeber & Farrington,
1998).
Finally, another barrier to success of the prevention "system" is
lack of funding. Studies show that treatment is a more effective, and often
less costly, approach to addressing crime than is incarceration, yet much
more money is put into incarceration than into prevention. (See
Expenditures section.)
JUSTICE
SYSTEMS
In order to determine the greatest barriers to success
for the Travis County juvenile and adult criminal justice systems, Travis
County Health, Human Services, and Veterans Service's Research and Planning
Division met with juvenile and adult criminal justice system experts. During
these focus group meetings, the issues listed in Table
12 were identified as barriers to the systems. Most of the barriers
are common to both the juvenile and adult systems.
Table 12.
Barriers to the Travis County Juvenile
and Adult Criminal Justice Systems
Barrier |
Juvenile
System |
Adult
System |
Lack of alternatives to incarceration |
X |
X |
Repeat offenders; recidivism |
X |
X |
Lack of collaboration among agencies and entities |
X |
X |
Lack of family support |
X |
|
Lack of public awareness, understanding; credibility |
X |
X |
Lack of access to services |
X |
X |
Lack of economic independence; poverty; no living wage |
X |
X |
Racial bias |
X |
X |
Cultural/language differences; communication problems |
X |
X |
Lack of consensus on goals and purpose of system |
X |
X |
Lack of money/funding/resources |
X |
X |
Challenges to parents and their children: education,
supervision, external circumstances |
X |
X |
Drug use and lack of treatment funding |
X |
X |
Laws/legislative process confusing and constantly changing |
X |
X |
Lack of a user-friendly system |
X |
X |
Lack of research; unable to measure and track success |
X |
X |
Offender-directed rather than victim-driven system |
|
X |
Lack of support for children, esp. teenagers |
X |
|
Lack of resources for defendants with mental disabilities |
|
X |
System is inflexible, overburdened, and too narrowly
focused |
|
X |
Source: Focus groups conducted by Travis County
HHS & VS - Research & Planning with system experts
One barrier identified during the focus group meetings
is racial bias. A recent study by the United States Justice Department
found that Black and Hispanic youth are treated more severely at every
step of the juvenile justice system than are white youth charged with comparable
crimes (Butterfield, April 26, 2000). The study found that minorities are
more likely to be arrested, held in jail, sent to court for trial, convicted,
and given longer prison sentences than are white youth. The study did not
address reasons for the differences in treatment of minorities and Whites.
Another barrier discussed during the focus group meeting
is that, at some facilities, inmates do not receive the programming (e.g.,
GED classes, vocational training, substance abuse treatment, cognitive
restructuring) that they need while they are incarcerated. For instance,
despite the high needs that Community Justice Center (state jail) inmates
have for programming, few (from 11% to 27%, depending upon program area)
inmates released between March 1998 and February 1999 had completed programming
prior to release. Two-thirds of CJC inmates, for example, did not have
a high school diploma or GED at intake. Despite the availability of programming,
only 4% of these inmates earned a GED while incarcerated (Wilkinson, et.
al., January 2000). The lack of programming may be due, in part, to a lack
of motivation by the offender to participate.
In addition to the lack of participation in programming,
many inmates who do receive programming do not show improvements. For CJC
inmates released between March 1998 and February 1999, the assessed need
for required programs was almost as high, and in some program areas higher,
at discharge than at intake. This finding suggests that programs at the
CJC had little positive impact on inmates (Wilkinson, et. al., January
2000).
In
a recent speech in New York, US Attorney General, Janet Reno, called
for increased supervision and a larger safety net for released
offenders. "We are not going to end the culture of violence until we address
this problem", said Reno.
Washington Post (April 23, 2000)
|
The need for programming appears to be higher in some
areas than in others. Many system experts pointed to the lack of substance
abuse treatment for offenders and those at-risk of offending, despite the
fact that the majority of adult offenders are under the influence of drugs
or alcohol at the time of their arrest (Superville, January 8, 1998). Although
drug treatment capacity in Texas prisons has been expanded in recent years
(Yahoo! News, February 1, 2000), waiting lists for treatment still exist.
Also, due to budget cuts by the Texas Commission
on Alcohol and Drug Abuse, substance abuse treatment options have recently
decreased, and some treatment slots in Travis County may have to be cut
(Brooks, February 29, 2000).
As with substance abuse, mental health needs are not
always adequately addressed by the justice system (Heikes, February 2000).
If the mental illness leads to criminal behavior that results in arrest,
individuals become part of the criminal justice system where mental health
services are often lacking. Furthermore, national studies indicate that,
once released, untreated mentally ill inmates are more likely to be arrested
than are other types of offenders. Furthermore, mentally ill offenders
who receive treatment for their illnesses are less likely to recidivate
than those who do not (Heikes, et. al., February 2000).
In addition to the lack of participation in programming
while incarcerated, there is a general lack of reintegration programs for
offenders upon release into the community (Washington Post, April 23, 2000).
Currently, parole officers are overworked and social service agencies are
under-funded, leaving a lack of comprehensive services to assist in integrating
releasees into the community (Washington Post, April 23, 2000). The most
serious gaps in services for those individuals are housing12 and
employment assistance. Housing needs stem, in part, from reductions in
transition times for releasees in settings such as halfway houses and a
toughening of rules designed to keep drug dealers out of public housing
(Washington Post, April 23, 2000). Without housing and employment options,
recidivism rates for released offenders are unlikely to decrease.
In addition to the focus groups, Research and Planning
distributed a survey to community members to get their input on the justice
system. When asked, "In your opinion, what are the worst things about the
justice system in Travis County?", many community members responded:
-
Zero tolerance policy for juveniles (getting harsh penalties for first
offenses)
-
Quality and attention of court-appointed lawyers
-
Different penalties for the same crime
-
Takes too long to get information about an inmate
-
Booking of individuals with mental illness, rather than referring to mental
health experts
-
Lack of rehabilitation efforts for offenders
-
Poor treatment of offenders and friends and family by the system
VICTIM SERVICES
Numerous groups within Texas and Austin/Travis County
have studied barriers to effective service delivery for victims of crime.
The Texas Crime Victims' Institute (1999),
for example, surveyed 969 victims across Texas regarding negative experiences
with the criminal justice system. Results of the survey are included in Table
13.
Table 13.
Negative Aspects of Criminal Justice System
According to Surveyed Texas Victims
Question |
Response |
"What was the most negative part of the criminal justice
process for you?" |
- Final disposition
- Lack of help and compassion
- Lack of rights as victims
- Lack of information given to them
- Discrimination
- Length of time the investigation began to the final
disposition
- Lack of professionalism
|
Source: Crime
Victims' Institute
The statewide findings listed in Table
13 are mirrored by local reports. The main weaknesses in the current
victims services system in Austin/Travis County that were listed in Austin/Travis
County Victim Services 2000 Year One (Pelaez-Wagner & Torres,
June 1999) are presented in Table 14.
As is listed in Table 14, one
barrier to providing victims services is a lack of funding. Some of the
victim services providers operate with waiting lists, due to funding constraints. SafePlace,
for example, reported that they are constantly expanding shelter space
to meet the immediate safety and crisis needs of families, that they have
more requests for prevention programming in schools than they can meet,
and that their waiting list for children who have been sexually abused
or are living in violent families and need counseling grows daily. They
also stated that there are not enough Sexual Assault Nurse Examiners to
conduct rape exams in hospitals throughout Austin.
In addition to the barriers found within the victim
services system in the traditional justice system, there are also barriers
within the child welfare system. Each year, in almost one-half of all confirmed
cases of child abuse, families do not receive any type of services to prevent
re-abuse. Forty to fifty percent (40-50%) of the children who die from
abuse and neglect in the US had previous referrals to agencies mandated
by law to protect them. The Texas Department of Protective and Regulatory
Services claims these problems are due to a lack of resources and overburdened
child caseworkers (Griest, January 7, 1999). Child welfare officials suggest
hiring more caseworkers and improving their training so at-risk children
are better identified. There are also suggestions to raise case worker
salaries. Starting salaries in Texas are about $23,000 a year, and more
than one in three entry-level caseworkers leave in search of less stressful,
higher-paying positions, three times the turnover rate for other state
employees.
Table 14.
Main Weaknesses of Current Victim Services
System in Austin/Travis County
Issue |
Description |
Restricted Information Delivery |
- The current system is not user-friendly. It is not
easy for victims to know what questions to ask, who to ask for
information, or where to obtain assistance if their rights are
not being met.
|
Lack of Coordinated Services |
- Lack of computer technology and a common MIS to
log and track information about victims Lack of funds and staff.
- Communication and information sharing between and
among service providers are limited and sporadic.
- Additional memoranda of understanding are needed
to clarify responsibilities and establish consistent protocol among
loosely connected organizations.
|
Lack of Funding and Staff |
- The state does not provide any funding for state-mandated
victim assistance programs.
- There is insufficient staff and time for monitoring
and assessing services.
- There is a dwindling pool of volunteers and recruitment,
training and utilization of volunteers.
|
Insufficient Training |
- Not every agency has a training program for professional
and support staff.
|
Source: Pelaez-Wagner & Torres, June 1999
Assessment Home
12. Refer to the Community Action Network's Housing
Assessment and the Through the Roof report
for more information on larger community housing issues that affect offenders