Advocacy Project

Oklahoma Female Incarceration

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Oklahoma is ranked number one in female incarceration per capita in the United States and the world. Of the 134 per 100,000 females currently incarcerated, 80 percent are non-violent offenders, over 50 percent are first-time offenders, and the majority of incarcerated women are mothers. These non-violent offenses are attributed to possession and distribution of drugs, prostitution, and property crimes. The high incarceration rate is a public health problem that is being treated as a crime problem (Women Behind Bars, 2014).

Treating a social illness as a crime results in a high cost. Incarceration costs for a three years in prison equal approximately $40,000 per prisoner. This amount includes only correctional system costs and does not include the collateral costs to children, families, and communities. Alternative programming for first-time, non-violent offenders for three years costs approximately $14,500 per participant, which equates to $8,500 annual savings per person. Instead of punishing certain individuals for non-violent crimes, alternative programming is designed to provide treatment and education to improve lives, increase public safety, and reduce costs on a burdened budget and system (Bill to Lower Female Incarceration, 2014).

Alternative programming will also affect and improve the lives of the children of non-violent, first-time female offenders. Children of incarcerated mothers suffer adverse outcomes socially, emotionally, mentally and physically (Mears & Siennick, 2015). These negative effects have led to the prediction that 70 percent of the future prison population will be children of incarcerated parents (Women Behind Bars, 2014). Offering alternative solutions to prison will require funding and policy changes on sentencing. Alternative programming will help to ease the pressure on an overburdened criminal system and provide an opportunity to improve the lives of female offenders and their children.

Background

Oklahoma is one the harshest sentencing systems in the United States resulting in the highest incarceration rate for female offenders (Perry, 2013). Research has shown the majority of the offenses committed by females can be attributed to poverty, poor education, and trauma and are not due to the misconception that, "Oklahoma just has mean women” (Wynn 2012, p. 6). Despite the overcrowded and overburdened prison system, Oklahoma legislation has underfunded or reduced funding for prison systems offering services specific to the female population and has been slow to respond to alternative programming. In 2012, the Justice Reinvestment Act was signed. This allowed for research-backed alternatives such as drug courts and programs like Women in Recovery, which was established in 2009, to be funded. At a cost of $40,000 for three years of incarceration, reducing incarceration of non-violent, first-time offenders and promoting alternatives to punishment could result in significant savings, recidivism, and improvement in public safety (Bill to Lower Female Incarceration, 2014).

Currently, Oklahoma has passed SB 1278 that allows Office of Management and Enterprise Services to enter into Pay for Success contracts with alternative programming. Funding is provided upfront by the managing organization, and the state would reimburse only for the women that successfully complete programming (Senate Approves Pilot Program, 2014). Funding for comprehensive day programming such as Women in Recovery requires funding for comprehensive case management, job search assistance, substance abuse and trauma treatment, employment and vocational training, housing placement, medical services, children services, and counseling and life skills training (George Kaiser Family Foundation, 2014).

Oklahoma’s women’s prison population is predominantly first-time offenders. These women typically were exposed to violence, drug and alcohol abuse, poverty, and reduced educational opportunities. To escape the harsh realities many turn to drugs and over half the first-time offenders are incarcerated due to drug offenses. Another compelling demographic is over half of the first-time offenders are mothers and were likely living with their children at the time of incarceration (Sharp, Jones, & McLeod, 2014). The subsequent break-up of the family affects the mother and the child and the community.

Cost and recidivism reductions alone are not the only imperative for a change in funding and perspective, but included should be the children of incarcerated females: the “unseen victims of the prison boom” (McNutt, 2012). The children of incarcerated mothers suffer negative effects. Being present when their mothers are arrested and the subsequent separation can be traumatizing. The children of incarcerated females show a greater incidence of drug and alcohol use, delinquency, aggressive behavior, physical and mental illness, and relational issues (Mears & Siennick, 2015). These children are five times more likely to be incarcerated themselves (Women Behind Bars, 2014). Research indicates that maintaining relationships between mothers and their children can effect positive outcomes and reduce the risk of generational incarceration (Sharp, Jones, & McLeod, 2014).

Women in Recovery is a comprehensive, intensive day treatment program proven to be a successful alternative to incarceration for first-time, non-violent women with drug-related offenses. Since programming began in Tulsa in June 2009, 360 women have been served, and over 800 children’s lives have been positively affected. Of those served, 95 percent were reunited with their children (George Kaiser Family Foundation, 2014). The program has graduated 200 women, and over 100 women are placed in jobs annually. The positive outcome of reunification not only improves the lives of women and their children but also reduces the possibility of future criminal activity for both (George Kaiser Family Foundation, 2014).

Policy Recommendations

Funding and policy changes for women, first-time, incarcerated offenders require review and intervention. With research in mind, we recommend the following changes be implemented:

1. Policy change request for first-time, non-violent female drug offenders. Current sentencing allows for non-violent, first-time offenders to receive harsher than necessary punishment. The average sentencing for drug possession is 5.2 years while the average sentencing for drug distribution is 7.3 years. Sentence lengths are doubled if drugs are found in the presence of a child or within one thousand feet of school or park. If it becomes a second offense the sentence time triples (Oklahoma Policy Institute, 2013). Policy changes are needed to offer alternatives for first-time, non-violent, female drug offenders. The alternative we are recommending is an outpatient service for eligible women facing long prison sentences for non-violent, drug-related offenses.

2. Funding for recommended alternative program option for incarcerated parents. Funding should include substance abuse treatment, transitional safe and sober housing, permanent housing for those completing the program, comprehensive case management, employment and vocational training, life skills training, and medical services (George Kaiser Family Foundation, 2014). There are many problems in our prison system. Prisons are overcrowded and problematic, and programs that reduce recidivism result in significant long-term savings and increased public safety (George Kaiser Family Foundation, 2014).

3. Funding for recommended alternative program for children of incarcerated parents. Funding should include child therapy, after-school services, childcare services, and parent training programs with the goal of family reunification. Seventy percent of the future prison population is predicted to be children who had an incarcerated parent (George Kaiser Family Foundation, 2014). Researchers have identified a number of potential negative outcomes for children of incarcerated mothers. Some of these include delinquency, drug and alcohol use, and physical and mental illness (Mears & Siennick, 2015).

4. Funding for continued research on incarcerated mothers and their children in Oklahoma. Funding for a longitudinal study to determine the efficacy of alternative programs for incarcerated mothers is needed. Long-term effects on female prisoners, their children, and future generations are often overlooked when considering prison reform (Senate Approves Pilot Program, 2012).

Talking Points

· Oklahoma is ranked first in female incarceration per capita in the United States and the world. Of the 134 per 100,000 females currently incarcerated, 80 percent are non-violent offenders, over 50 percent first time offenders and the majority of women are mothers.

· Oklahoma is one the harshest sentencing systems in the United States resulting in the highest incarceration rate for female offenders. The average sentencing for drug possession is 5.2 years while the average sentencing for drug distribution is 7.3 years. Policy changes are needed to offer alternatives for first-time, non-violent, female drug offenders.

· Treating a social illness as a crime comes with a high cost. Incarceration fees for three years amount to approximately $40,000. An alternative program to incarceration for first-time, non-violent female offenders in another Oklahoma area has shown annual savings per offender to be $8,500. Women in this program have also given back volunteer hours to their city, and 95 percent have been reunified with their children.

· Children of incarcerated parents face many negative consequences. Seventy percent of the future prison population is predicted to be children who had an incarcerated parent. The successful involvement of mothers in alternative programming can break the intergenerational cycle of incarceration.

Alternatives to Incarceration for First-time, Non-violent, Female Offenders in Oklahoma

Fact Sheet