New data shows the dire need for prison and parole reform in NH communities
A person in New Hampshire who violates the conditions of their parole is very often referred to by the New Hampshire Department of Corrections (DOC) as a “Community Failure.” For those seeking prison reform, terms like this can say more about a system that sets people up for failure by not addressing their needs — including substance misuse and mental health treatment — than the individual.
Joseph Lascaze, campaign manager for the American Civil Liberties Union of New Hampshire’s Smart Justice Campaign, says the term “community failure” doesn’t do justice to the difficult challenges parolees often confront on the outside — like finding transportation to court hearings or a mental health provider — or the rehabilitative paths they chose to receive parole in the first place.
“People need resources to succeed,” Lascaze says. “Imagine a doctor who says their patients suffering from mental illnesses are community failures because they had one episode. That’s the lens the parole department is using for people who they say ‘can’t adapt to the community.’ Based on the current tools and resources that are available, yes, they’re failing.”
According to data from the Council of State Governments Justice Center (CSG), 60% of New Hampshire’s prison admissions for parole and probation violations are due to supervision violations, despite data from the DOC showing the prison population has decreased. This is compared to 45% of state prison returns nationwide.
Economic shockwaves
According to the DOC, the average cost to keep someone in prison annually in the Granite State is $54,386, and it costs about $603 per year to supervise someone on probation or parole.
One of the CSG’s findings shows a small number of people with complex behavioral health-related concerns who are “cycling through” the state’s prisons. These “high utilizers,” as they are referred to by the CSG, were 2.5% more likely to be arrested for parole and probation violations.
The costs associated with this group of “high utilizers,” which make up 9% of the prison population, were approximately $25,436,527, or 29% of prison costs, for fiscal years 2019 and 2021. The CSG found that the estimated total cost of high utilizers between those fiscal years was $93,705,131 in terms of Medicaid spending.
“The CSG data suggests that our higher level of probation and parole violations is likely indicative of our state’s issue with responding to substance misuse and mental health needs in the community,” Whitley says, explaining the Committee recommends creating a transparent picture of why people return to prison. “This is really important for any sort of reform.”
The need for reform
Other recommendations discussed in the Committee’s report include the need for more structure in the parole system when weighing and evaluating factors associated with parole board decisions to grant or deny parole.
CSG data shows that despite a high percentage of people being paroled in New Hampshire, many are returning. One reason for this, according to CSG Senior Policy Analyst David D’Amora, is the parole board’s structure.
In August, D’Amora told the Committee that on a national level, one of the problems with parole boards is that “they are law-enforcement oriented instead of using a case management model.”
Releasing prisoners into the community is always a risk, Lascaze says, but finding solutions for the root causes of behavior must be addressed if the system is going to work effectively for people. A big part of this, he explains, is understanding the experiences of those who have been through the system. Challenges for prisoners released on parole range from financial literacy and connecting with medical and mental health services, to figuring out transportation for work or court hearings.
Rehabilitation programs for those needing substance misuse treatment are limited due to a lack of Licensed Alcohol and Drug Abuse Counselors (LADAC) and other staff, Phillips says.
“In the past, all levels of care were addressed but now only the most severe level is being addressed,” he says, explaining this level of care can cause long setbacks — up to six months — for inmates as they complete FOCUS programing required for parole. “The Parole Board changed the time from six months to 90 days. They can now be released into a facility at a lower level and take courses on tablets.”
Lascaze says resources are needed to help with behavioral health and to foster social growth, as well.
Lascaze explains that administrative parole status is the preferred status for parolees, because they are required to check in only once a year and can be digitally monitored at the discretion of a probation and parole officer. He believes these individuals should be allowed to have their parole terminated because their risk, he says, is very low.
In 2022 and 2023, 67.4% of parole revocations were termed community failures. Lascaze and others on the Committee believe many of these “failures” are being used for non-arrestable offenses such as associating with other felons or those on parole, and they highlight a lack of community options for parolees who should also be part of the process.
If the goal is for parolees to live an acclimated life, the only solution is to provide inmates with every possible tool and resource for success the state can provide, Lascaze says.
“I think that New Hampshire is waking up and seeing that we need to do something,” he says. “We cannot keep using re-incarceration as the answer to everything. I’m very optimistic that we’re going to see some results.”
Whitley says the Committee’s 2023 final report only scratches the surface.
“This issue is quite complex,” she says. “A bill is being proposed in 2024 to extend the Committee’s work due to the connections that were found between mental health and parole violations.”
To read the entirety of part 6 of the NH Bar Association’s Prison Series, visit nhbar.org/publications.
This article is being shared by partners in The Granite State News Collaborative. For more information, visit collaborativenh.org.
