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<div class="entry-date">Weekend Edition June 6-8, 2014<br>
<a class="moz-txt-link-freetext" href="http://www.counterpunch.org/2014/06/06/repackaging-mass-incarceration/">http://www.counterpunch.org/2014/06/06/repackaging-mass-incarceration/</a><br>
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<div class="subheadlinestyle"><b><big><big>The Rise of Carceral
Humanism and Non-Alternative Alternatives</big></big></b></div>
<h1 class="article-title">Repackaging Mass Incarceration</h1>
<div class="mainauthorstyle">by JAMES KILGORE</div>
<div class="main-text"><big><big> </big></big>
<p><big><big>Since my <a
href="http://www.freedomneverrests.com/2014/02/10/are-we-really-witnessing-the-end-of-mass-incarceration/"
onclick="javascript:_gaq.push(['_trackEvent','outbound-article','http://www.freedomneverrests.com']);">CounterPunch
article</a> last November which assessed the state of the movement
against mass incarceration, the rumblings of change in the criminal
justice have steadily grown louder. Attorney General Eric Holder has
continued to stream his mild-mannered critique by raising the issue of
felony disenfranchisement; the President has stepped forward with a
proposal for clemency for people with drug offenses that could free
hundreds. In the media, we’ve seen a <a
href="http://www.nytimes.com/2014/05/25/opinion/sunday/end-mass-incarceration-now.html?ref=opinion#story-continues-1"
onclick="javascript:_gaq.push(['_trackEvent','outbound-article','http://www.nytimes.com']);">scathing
attack</a> on America’s addiction to punishment in the <i>New York
Times</i> and the American Academy of Sciences has released perhaps the
most comprehensive critique of mass incarceration to date, the 464 page
<i>The Growth of Incarceration in the United States: Exploring Causes
and Consequences<b>.</b></i> In late May, several dozen conservatives
including Newt Gingrich, Grover Norquist, and former NRA President
David Keene pulled together the first Right on Crime (ROC) Leadership
Summit in Washington DC. The ROC, an organization which boasts a
coterie of members with impeccable right wing credentials, reiterated
the need for conservatives to drive the process of prison reform. The
Conference “call to action” argued: “In our earnest desire to have
safer neighborhoods, policy responses to crime have too often neglected
core conservative values — government accountability, personal
responsibility, family preservation, victim restoration, fiscal
discipline, limited government and free enterprise.” Gingrich engaged
in similar kinds of soul searching: “Once you decide everybody in
prison is also an American then you gotta really reach into your own
heart and ask, is this the best we can do?”</big></big></p>
<big><big></big></big>
<p><big><big>All of this has precipitated another round of optimistic
cries about the possibilities of a Left-Right Coalition on mass
incarceration, including a <a
href="http://time.com/90109/this-is-the-one-thing-the-right-and-left-are-working-together-on-in-congress/"
onclick="javascript:_gaq.push(['_trackEvent','outbound-article','http://time.com']);">high
profile Time Magazine op-ed</a> co-authored by Norquist and MoveOn.org
co-founder Joan Blades.</big></big></p>
<big><big></big></big>
<p><big><big>While the spirit of reconciliation in criminal justice
attracts most of the media attention, a number of pieces have also
emerged rejecting any rush to positive judgment. For example, fellows
at the Brennan Center compiled <a
href="http://www.brennancenter.org/analysis/way-too-early-declare-victory-war-against-mass-incarceration"
onclick="javascript:_gaq.push(['_trackEvent','outbound-article','http://www.brennancenter.org']);">a
statistically based report</a> which contends that careral change has
not yet turned the corner while <i>Black Agenda Report</i> co-founder <a
href="http://blackagendareport.com/content/6-reasons-why-obamas-clemency-program-drug-offenders-doesnt-change-mass-incarceration-one-bi"
onclick="javascript:_gaq.push(['_trackEvent','outbound-article','http://blackagendareport.com']);">Bruce
Dixon asserted</a> that Obama’s clemency measures would have no
significant impact on mass incarceration.</big></big></p>
<big><big></big></big>
<p><big><big>However, another process, likely at least as important in
the long run as number crunching, coalitions or clemency also has been
gaining steam. The official voices of incarceration- politicians,
corrections officials, private prison operators, prison guards unions
and county sheriffs, are exploring changing discourse and cosmetic
reform in order to avoid systemic restructuring. In the business world,
they call this re-packaging.</big></big></p>
<big><big></big></big>
<p><big><big><b>Re-Packaging Mass Incarceration: Carceral Humanism </b></big></big></p>
<big><big></big></big>
<p><big><big>Currently this re-packaging assumes several forms. One of
the most important is carceral humanism or what some people refer to as
incarceration lite. Carceral humanism recasts the jailers as caring
social service providers. The cutting edge of carceral humanism is the
field of mental health. According to a recent report by the Treatment
Advocacy Center, in 2012 the US had over 350,000 people with serious
mental health issues in prisons and jails as compared to just 35,000 in
the remaining state mental health facilities. Prisons and jails have
become the new asylums and the jailers are waking up to the fact that
mental health facilities also represent a new cash cow. Likely the most
important examples of carceral humanism are happening in California.
There Governor Jerry Brown has played a shell game called realignment
in which he’s transferred thousands of people from state facilities to
county jails in order to comply with a Federal court order to reduce
the state prison population. To help counties adapt to all these new
prisoners, the Governor put up $500 million to the state’s sheriffs to
build extensions onto their jails. In response, the Sheriffs had to
come to Sacramento to pitch for a slice of that money. They didn’t come
talking about public safety. Their mantra focused on caring-providing
opportunities and improved circumstances for those in custody. The
Department of Corrections and Rehabilitation’s summary from Lake
County, one of the 15 winners out of 36 submissions, is illustrative:</big></big></p>
<big><big></big></big>
<p><big><big><i>“</i><i>$20 million for a new Type II, 40-bed women’s
jail with a new stand alone 39-bed Medical/Mental Health Services
building with program space, a new administration building, and
renovations so that existing space can accommodate programs.”</i></big></big></p>
<big><big></big></big>
<p><big><big>The new jails are about institutionalizing the funding of
mental health and other services behind the walls, further diverting
money from the already bare bones social services in communities. The
Lake County proposal also featured another prominent strain of carceral
humanism- a woman’s jail or in the present corrections jargon, a
“gender-responsive” facility. Since mainstream research now argues that
women experience incarceration differently than men, law enforcement is
waving the gender banner to access more funding for construction. Los
Angeles lies at the cutting edge in this regard. In March the LA Board
of Supervisors authorized $5.5 million for consultants to draw up a
plan for what some law enforcement people are calling a “women’s
village.” Deputy Sheriff Terri McDonald of Los Angeles suggested that
the new facility could be a place where “women and children could serve
their time together.”</big></big></p>
<big><big></big></big>
<p><big><big>Carceral humanism has also surfaced in the repackaging of
immigration detention centers. The latest immigration prisons carry
the label “civil detention” centers. The GEO Group, the nation’s second
largest private prison operator, opened their latest such facility in
Karnes Texas. The <i>LA Times</i> called it a “pleasant surprise for
illegal immigrants.” Immigration and Customs Enforcement (ICE)
officials boast that people detained in Karnes won’t be housed in cells
but in “suites” holding eight people. Those detained will be
supervised not by guards or correctional officers but by “resident
advisers.”</big></big></p>
<big><big></big></big>
<p><big><big><b>Repackaging 2: Non-Alternative Alternatives to
Incarceration</b></big></big></p>
<big><big></big></big>
<p><big><big>A second form of repackaging mass incarceration falls
under the heading of non-alternative alternatives to incarceration.
These non-alternatives purport to change things but in essence simply
perpetuate the culture of punishment. The most common forms of these
are Drug Courts, Mental Health Courts and Day Reporting Centers. While
many of these may be well-intentioned and in some cases have positive
effects, they typically involve heavy monitoring of a person’s behavior
including frequent drug testing, limitations on movement and
association, a whole range of involuntary but supposedly therapeutic
programs of dubious value and very little margin of error to avoid
reincarceration. Perhaps the most extreme example of a non-alternative
alternative to incarceration, and one which is likely to gain
increasing traction, is electronic monitoring.</big></big></p>
<big><big></big></big>
<p><big><big>While advocates claim electronic monitoring facilitates
employment, building family ties and participation in community
activities, my interviews with a number of people on a monitor have
revealed a different experience. Jean – Pierre Shackelford, who spent
two years on an ankle bracelet in Columbus, Ohio said that he felt like
his probation officer had him in a “choke hold” while he was on an
ankle bracelet. He labelled monitoring “another form of control and
slavery, 21<sup>st</sup> century electronic style.” Shaun Harris, on a
monitor for a year in Michigan called it a form of privatized
incarceration, “it’s like you just turned my family’s house into
another cell” was his comment. Shackelford and Harris, like many others
I spoke with, both reported difficulty getting movement for family
activities and a lack of clarity about what was and wasn’t permitted.
Shackelford finally took to going to church because that seemed to be
the only activity his probation officer would approve. Both
Shackelford and Harris, like most people interviewed, complained that
they could be put on 24 hour “lockdown” (meaning they couldn’t leave
the house at all) for any reason for an indefinite period and there
would be no way to appeal such a decision. Even a late return home
from work due to a delay in public transportation could result in a
re-arrest. To make matters worse, most electronic monitors come with a
daily user fee which ranges anywhere from five to twenty dollars a day.</big></big></p>
<big><big></big></big>
<p><big><big>While the punitive nature of ankle bracelet regimes is a
cause for concern, the potential to implement exclusion zones with
GPS-based monitors contains more serious long-term implications.
Exclusion zones are places where monitors are programmed not to let
people go. At the moment authorities mainly use exclusion zones to
keep individuals with a sex offense history away from schools and
parks. But such zones have the potential to become new ways to
reconstruct the space of our cities, to keep the good people in and the
bad people out. This technology, which can be set up via smart phones,
holds the possibility to turn houses, buildings, even neighborhoods
into self-financing sites of incarceration. In the meantime, firms
like the GEO Group, which owns BI Incorporated, the nation’s largest
provider of electronic monitoring technology and backup services, are
experimenting with new target groups for ankle bracelets. In parts of
California and Texas they’ve used electronic monitors on kids with
school truancy records. Under a $370 million contract, BI already has
thousands of people awaiting immigration adjudication on monitors.
Packaged as an alternative these bracelets actually represent a new
horizon for incarceration, finding ways to do it cheaper with
technology through the private sector and then getting the user to pay,
likely a model that would line up squarely with Right on Crime’s
notions of reform..</big></big></p>
<big><big></big></big>
<p><big><big><b>Re-Packaging: Why Now?</b></big></big></p>
<big><big></big></big>
<p><big><big>Most commentators attribute the spirit of change in
criminal justice to a belated recognition of the fundamental
irrationality of spending so much money locking up so many people for
so long. As Grover Norquist put it, “Conservatives may have wanted
more incarceration than was necessary in the past, so what we’re trying
to do is find out about what works.”</big></big></p>
<big><big></big></big>
<p><big><big>Such analyses make perfect sense but they also ignore a
big picture political question. Mass incarceration is becoming a flash
point of rebellion and resistance, with African American communities
the most visible hot spot. Mass incarceration and the racialized
vagaries of criminal justice have been going on for decades but
recently we’ve seen new levels of anger and frustration in reaction to
the deaths of Trayvon Martin and Oscar Grant, as well as to the
sentencing of Marissa Alexander. Even mainstream Black commentators
like Melissa Harris-Perry appear incensed. At the grassroots level
we’ve witnessed campaigns against stop and frisk, solitary confinement,
mandatory minimums, crack cocaine laws and a host of new jails and
prisons. On the ideological plane, the notion of the New Jim Crow,
categorizing mass incarceration as a new form of slavery and
segregation is catching on. People are latching onto the idea of mass
incarceration as a systemic problem that can only be solved with a vast
redirecting of resources into the communities that have been devastated
by imprisonment. In other words, mass incarceration requires a total
paradigm shift. The situation has the potential to explode.
Politicians and business people don’t like explosions. When explosions
appear a genuine possibility it is time to talk reform, time to
re-package.</big></big></p>
<big><big></big></big>
<p><big><big>To make matters worse for purveyors of the carceral status
quo, the immigrants’ rights movement has also been erupting over the
last decade. From the immigrant worker strikes and demonstrations of
2006 to the endless string of demonstrations by the Dreamers and the
Dream Defenders in the face of continued mass deportations, a steady
stream of unrest has materialized. With the changing national
demographics, key players in criminal justice need to be seen to be
doing something if they want to maintain their power.</big></big></p>
<big><big></big></big>
<p><big><big>Lastly, there is the movement inside the prisons
themselves. The hunger strikes at Pelican Bay in California and in
Washington’s Northwest Detention Center coupled with the outpouring of
solidarity these actions prompted, pose a serious threat to the
already heavily smeared image of US prisons. In addition, even once
notorious political prisoners are gaining increasing legitimacy.
Captives from across several generations are attracting large coteries
of supporters. This includes high profile individuals who have served
decades behind bars, individuals like Mumia Abu-Jamal, Albert Woodfox,
Oscar Lopez Rivera, Russell Maroon Shoatz and Leonard Peltier, along
with more contemporary prisoners like Lynne Stewart (recently
released), Marie Mason and Chelsea Manning. Inside and beyond the
walls, there is rebellion in the air.</big></big></p>
<big><big></big></big>
<p><big><big>This reality raises another question: whether a Left-Right
Coalition can deliver even enough change to calm the waters. Mass
incarceration has become such a fundamental part of how the US
addresses issues of race, crime, poverty, gender and inequality, it
appears unlikely to collapse from gradual reforms whether inspired by
carceral humanism, punitive alternatives to incarceration or more
genuine critique. As with civil rights, pressure from below will be
required, from a social movement that has the creativity to envision an
alternative, the skills and legitimacy to mobilize the people who are
most directly affected, and the political power to make their voices be
heard and get others to join them. Perhaps this social movement is, to
borrow a phrase from the Spanish poet Antonio Machado, making the path
by walking at this very moment.</big></big></p>
<big><big></big></big>
<p><big><big><em><strong>James Kilgore</strong> is a Research Scholar
at the Center for African Studies at the University of Illinois
(Urbana-Champaign). He is a frequent commentator on mass
incarceration, a social justice activist, and the author of three
novels, all of which were written during his six and a half years of
incarceration. He is currently working on a primer on mass
incarceration to be published by The New Press in 2015. He can be
reached at <a href="mailto:waazn1@gmail.com">waazn1@gmail.com</a>
His writings are available at his website, <a
href="http://www.freedomneverrests.com">www.freedomneverrests.com</a></em></big></big></p>
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