AUGUSTA – Going to jail, even for just a short time, will make you more likely to go back to jail. That’s according to a recent study by the University of Southern Maine, which compared recidivism rates for those given jail time to those given straight probation.
The research, which looks at the 2004 and 2005 prison and probation populations, may have judges and prosecutors rethinking how they handle sentencing, specifically split sentencing, which involves a jail sentence that is partially suspended and replaced with probation.
“What we found in the research was that people with a split sentence were more likely to recidivate” (than those given solely probation and no jail time), said Denise Lord, associate commissioner of the Department of Corrections.
Lord’s department doesn’t have the exact answer why.
One theory is that when someone gets incarcerated, it makes them more criminal.
They may lose their jobs, get disconnected from family and friends, “and they get pulled into the system, which is largely negative peer association,” Lord said.
Those least likely to reoffend, Lord said, are the nonviolent criminals given straight probation.
“Incarceration doesn’t serve as a deterrent, it actually increases the likelihood that someone will reoffend,” Lord said.
Of those studied who did jail time – most for 45 days or less – they reoffended at a rate of 30 percent.
In contrast, only 20 percent of those who did straight probation reoffended.
Lord said research suggests there are benefits to a more scientific approach to sentencing an individual. Right now judges and prosecutors take a subjective approach. Instead, Lord said, judges should take a comprehensive look at the possibility of reoffending.
A person with a low risk may then receive straight probation.
One with a high risk may receive a longer sentence, she said.
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