This post is part of the “Trauma-Informed Criminal Justice” series. Read the introduction and view other posts here.

Introduction

Trauma is an inherent part of the American legal process. The Substance Abuse and Mental Health Services Administration (SAMHSA) defines trauma as “experiences that cause intense physical and psychological stress reactions.” Trauma can be acute or cumulative and has “lasting adverse effects on the individual’s functioning and physical, social, emotional, or spiritual well-being.” Though it is not uncommon for people to experience multiple traumas, either personally or vicariously, the prevalence of trauma is especially high among incarcerated individuals and corrections officers. Trauma-informed care can mitigate the effects of trauma and foster resilience and well-being, which translates to safer facilities and more effective reentry into society. That is why the National Institute of Corrections (NIC) asserts that becoming trauma-informed is essential.

Fast Facts

Trauma and Institutional Corrections

The carceral environment can both create trauma and exacerbate existing trauma for guards and inmates. Prisons, jails, and detention centers are characterized by their small living environment with strangers, bright lights, noise, and the persistent threat of violence. Inmates significantly outnumber guards and both are subjected to restricted movement, strict rules and regulations, and a lack of control over their environment.

Amid a national staffing crisis and inmate overcrowding, both are increasingly at risk of violence or death. Even a short jail stay crime can turn deadly for pretrial detainees. Lockdowns and inadequate access to mental health and drug or alcohol treatment amplify the conditions of confinement—a particularly problematic state of affairs among a population with disproportionately high rates of existing trauma and Post-Traumatic Stress Disorder (PTSD). The institutional experience is considered to be so traumatizing that it has given rise to a new phenomenon, referred to as Post Incarceration Syndrome (PICS). Nearly half of the 600,000 inmates that are released each year will have PICS, which makes reentry into society more difficult, with an assumed higher rate of recidivism and return to crime.

Deteriorating conditions and the inability to engage in treatment is particularly problematic given the research demonstrating a connection between trauma, maladaptive coping skills—including aggression and substance misuse—and crime. Inmates who participate in treatment, education, and vocational training are significantly less likely to be reincarcerated after release. Thus, access to these resources is critical to mitigate the impact of pre-existing and carceral trauma while also preparing individuals for their eventual release into our communities.

Trauma and Probation, Parole, and Community Corrections

Individuals can be under correctional control in the community at various points in the judicial process, including before trial, after sentencing, and upon release from a jail or prison. The purpose of pretrial supervision, which is an alternative to pretrial detention, is to ensure public safety, the completion of any court-ordered conditions, and that the defendant appears for court hearings. The same is true for probation, which is a court-imposed sentence to a term of community supervision after pleading guilty, being convicted of a crime, or as part of a pretrial diversion program. The purpose of parole is the same but refers to individuals who are released from jail or prison after serving a portion of their sentence. They serve the remainder of the sentence in the community. Pretrial, probation, and parole systems, collectively referred to as community supervision or community corrections, operate at the local, state, and federal levels.

While people on probation and pretrial supervision largely avoid the trauma, stigma, and impact of incarceration, the supervision experience can be traumatizing or it can aggravate pre-existing trauma. Discussing personal information, such as drug or alcohol history, familial dysfunction, or a history of trauma, in a public office setting or with the officer in the client’s home can trigger a trauma response. The stress of having to comply with the numerous conditions under which continued freedom is contingent upon, the lack of perceived control over one’s life, witnessing another probationer’s arrest, and the costs of justice involvement can also be traumatic. Diminished coping skills, including avoidance strategies and drug or alcohol use, and the persistent state of fight or flight set the stage for technical violations, revocation proceedings, and incarceration.  

Pretrial, probation, and parole officers also experience trauma. Officers work in dangerous environments, including jails and prisons, and they routinely go into clients’ homes for prescheduled and unannounced visits. They engage with frustrated clients and their family members who could be violent or armed. Officers receive safety training and may be issued pepper spray, but many do not carry firearms despite the fact that they enjoy the same search and arrest authority as law enforcement.

In addition to physical trauma, including verbal and physical assaults, officers experience vicarious trauma—the trauma and violence of others—from routine assessments, police reports, victim interviews, and conversations with clients and their families. They are at increased risk of vicarious trauma, compared to police and corrections officers, because community corrections officers engage in more frequent, sustained contact with the individual and their families. Research indicates that trauma-informed practices reduce officer stress and vicarious trauma and an empathetic, rather than confrontational, approach to supervision could reduce the stress and trauma experienced by clients and their families.

Trauma-Informed Care: A National Movement

Recently passed state and federal legislation reflects an increased awareness of the importance of trauma-informed care. Understanding trauma and its impact on the brain and behavior is not a new concept, but its application in the legal system is less established than its use in other professions. Trauma-informed corrections can avoid traumatizing or retraumatizing the victims, inmates, clients, colleagues, and other service providers with whom professionals engage. According to SAMHSA, “ this increases safety for all, decreases the chance of an individual returning to criminal behavior, and supports the recovery of justice-involved women and men with serious mental illness.”  

Trauma-informed corrections seeks to:

There are several evidence-based models that have been adapted for institutional and community corrections settings. Studies indicate that these programs are more effective at reducing PTSD symptoms, drug use, disciplinary events, anxiety, and depression than no treatment or alternative treatment options. Participants also experienced increased self-efficacy and self-integrity. One study found that the facility was physically and psychologically safer for participants and staff after implementation.

This is a cultural shift so educating and training staff and creating an overall organizational culture of wellness is critical to the success of these efforts. Experts recommend that professionals adopt universal precautions and operate under the assumption that all individuals they work with have experienced trauma. SAMHSA has also published a “Practical Guide for Implementing a Trauma-Informed Approach” to assist organizations with this effort.

Conclusion

Trauma is best conceptualized by the three Es: events, experience of the event, and the effect the event and experience has on a person. It is a sad reality that most of the people who are involved in the legal system, including the professionals, experience trauma, which changes the brain and harms decision-making and behavior. Adopting the basic principles of trauma-informed care in institutional and community corrections is beneficial for all involved. Trauma-informed interactions help regulate the nervous system, bringing the rational brain back online for more effective reasoning and improved decision-making. Facilities and staff are safer and less likely to burn out under this model and improved inmate and client outcomes mean communities are safer as well. This approach “promotes public safety, reduces prison populations, reduces taxpayer costs, and ensures that prisons are serving their purpose as a place for reform and rehabilitation.”