Delaware's probation system is making reentry harder, activists say. Here's their fix

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There are over 4,400 people incarcerated right now in the state of Delaware — about a quarter of whom are awaiting trial — and 10,249 people on probation, according to the state Department of Correction.

It’s a population that faces a unique host of issues, and a community that is consistently marginalized.

To discuss the problems affecting people involved in the criminal justice system — and what community advocates and organizations are doing to find solutions — Sen. Marie Pinkney, a Democrat from New Castle, organized the second “State of the State of Corrections” summit at the Route 9 Library and Innovation Center near New Castle.

Here are five takeaways about Delaware's correctional system.

New pre-filed Senate bill could change probation and parole system

A Senate bill introduced by Pinkney on Wednesday would enact a major overhaul of Delaware’s criminal justice system, particularly around parole and probation. Primary components of the bill include more lenient parole rules to reduce rearrests, greater access to records for people in prison, and a limitation of probation to a maximum of one year.

"We want probation and reentry to be something that is useful, something that is beneficial and something that helps people to stay at home and have a connection to the resources in the community that they need," Pinkney said.

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Sen. Marie Pinkney, D-New Castle, and ACLU Campaign for Smart Justice manager Haneef Salaam discussed a new pre-filed bill on March 1, 2023.
Sen. Marie Pinkney, D-New Castle, and ACLU Campaign for Smart Justice manager Haneef Salaam discussed a new pre-filed bill on March 1, 2023.

Probation system makes it harder for people to stay out of prison

Strict rules and check-in systems enforced by the state often make it difficult for recently released Delawareans to stay out of prison. Minor infractions like having alcohol can be enough to send someone back behind bars, and mandatory meetings with parole officers can be hard to attend, especially for people with busy work schedules and those relying on public transportation.

One formerly incarcerated person described traveling for hours by bike and bus to meet with parole officers, which made it increasingly difficult to keep a job.

When the need for solutions to these problems was raised during a panel Wednesday, the deputy chief of the Department of Correction's planning, research and reentry unit said that the department has "worked in that direction." She was met with immediate pushback from people involved in the parole and probation system.

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Finding housing is one of the largest challenges facing people reentering society

Stable housing is one of the greatest determinants of success, both for people returning from incarceration as well as for society at large. Without knowing where you're going to sleep at night, focusing on things like getting a job or meeting with parole officers can fall by the wayside. It also makes it easier to fall back into old habits, which could lead to rearrests.

While some programs offer assistance finding housing for people returning from prison, formerly incarcerated people say that support isn't long-lasting. It also isn't available for sex offenders, leaving them at a higher risk for homelessness.

Advocates say that the common misconception that people with criminal records are worse tenants makes it harder for people to find safe, stable housing, too. And with hiring discrimination also in play, many formerly incarcerated people don't have a livable wage to even pay rent in the first place.

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Reentry programs exist; people just aren't being connected with them

When people leave prison, they're often given a list of phone numbers and contacts to reach out to for help securing resources like housing, treatment and employment. But many people who have been through the system say that their calls for assistance went unanswered, and they were left to find help on their own.

Local programs like Project New Start and the Delaware Center for Justice have been crucial in giving formerly incarcerated people job certifications, housing assistance and even resources like free bus passes. But they're also severely underfunded and understaffed.

The newly proposed Senate bill would provide more resources to reentry programs, and Pinkney said she plans to speak with the courts about facilitating access to these programs, as they are supposed to serve as the point of contact for people leaving prison.

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Inequities in health care exist before, during and after prison

Though even Department of Correction employees acknowledged that prison health resources could be better, they said that many people entering the system come with their own health problems, often caused by a lack of access to healthcare prior to incarceration.

Studies have shown an overlap between communities at higher risk for incarceration and those with disparate access to health care. This means that the regular health care provided by the prison may be the only health system someone has ever reliably had; so when they're eventually released, they're left to find care and medication on their own in a difficult-to-navigate system, often without support.

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Community partners in health care said they are working to expand mobile outreach clinics near prisons to help people leaving incarceration, as well as expand care to more rural parts of Delaware where health care is harder to find.

Regardless of the difficulties, some formerly incarcerated panelists said any health care — physical or mental — on the outside is still better than what was offered by the prisons.

Send story tips or ideas to Hannah Edelman at hedelman@delawareonline.com. For more reporting, follow them on Twitter at @h_edelman.

This article originally appeared on Delaware News Journal: Delaware parole, probation reform focus of legislators, activists