A Proposal for Defeating Moloch in the Prison Industrial Complex

Summary

I'd like to increasing the well-being of those in the justice system while simultaneously reducing crime. I'm missing something here but I'm not sure what. I'm thinking this may be a worse idea than I originally thought based on comment feedback, though I'm still not 100% sure why this is the case.

Current State

While the prison system may not constitute an existential threat, At this moment more than 2,266,000 adults are incarcerated in the US alone, and I expect that being in prison greatly decreases QALYs for those incarcerated, that further QALYs are lost to victims of crime, family members of the incarcerated, and through the continuing effects of institutionalization and PTSD from sentences served in the current system, not to mention the brainpower and man-hours lost to any productive use.


If you haven't read these Meditations on Moloch, I highly recommend it. It’s long though, so the executive summary is: Moloch is the personification of the forces of competition which perverse incentives, a "race to the bottom" type situation where all human values are discarded in an effort to survive. That this can be solved with better coordination, but it is very hard to coordinate when perverse incentives also penalize the coordinators and reward dissenters. The prison industrial complex is an example of these perverse incentives. No one thinks that the current system is ideal but incentives prevent positive change and increase absolute unhappiness.

 

  • Politicians compete for electability. Convicts can’t vote, prisons make campaign contributions and jobs, and appearing “tough on crime” appeals to a large portion of the voter base.
  • Jails compete for money: the more prisoners they house, the more they are paid and the longer they can continue to exist. This incentive is strong for public prisons and doubly strong for private prisons.
  • Police compete for bonuses and promotions, both of which are given as rewards to cops who bring in and convict more criminals
  • Many of the inmates themselves are motivated to commit criminal acts by the small number of non-criminal opportunities available to them for financial success, besides criminal acts. After becoming a criminal, this number of opportunities is further narrowed by background checks.

 

The incentives have come far out of line with human values. What can be done to bring incentives back in alignment with the common good?

My Proposal

Using a model that predicts recidivism at sixty days, one year, three years, and five years, predict the expected recidivism rate for all inmates at all individual prison given average recidivism. Sixty days after release, if recidivism is below the predicted rate, the prison gets a small sum of money equaling 25% of the predicted cost to the state of dealing with the predicted recidivism (including lawyer fees, court fees, and jailing costs). This is repeated at one year, three years, and five years.


The statistical models would be readjusted with current data every years, so if this model causes recidivism to drop across the board, jails would be competing against ever higher standard, competing to create the most innovative and groundbreaking counseling and job skills and restorative methods so that they don’t lose their edge against other prisons competing for the same money. As it becomes harder and harder to edge out the competition’s advanced methods, and as the prison population is reduced, additional incentives could come by ending state contracts with the bottom 10% of prisons, or with any prisons who have recidivism rates larger than expected for multiple years in a row.

 

Note that this proposal makes no policy recommendations or value judgement besides changing the incentive structure. I have opinions on the sanity of certain laws and policies and the private prison system itself, but this specific proposal does not. Ideally, this will reduce some amount of partisan bickering.


Using this added success incentive, here are the modified motivations of each of the major actors.

 

  • Politicians compete for electability. Convicts still can’t vote, prisons make campaign contributions, and appearing “tough on crime” still appeals to a large portion of the voter base. The politician can promise a reduction in crime without making any specific policy or program recommendations, thus shielding themselves from criticism of being soft on crime that might come from endorsing restorative justice or psychological counselling, for instance. They get to claim success for programs that other people, are in charge of administrating and designing. Further, they are saving 75% of the money predicted to have have been spent administrating criminals. Prisons love getting more money for doing the same amount of work so campaign contributions would stay stable or go up for politicians who support reduced recidivism bonuses.
  • Prisons compete for money. It costs the state a huge amount of money to house prisoners, and the net profit from housing a prisoner is small after paying for food, clothing, supervision, space, repairs, entertainment, ect. An additional 25% of that cost, with no additional expenditures is very attractive. I predict that some amount of book-cooking will happen, but that the gains possible with book cooking are small compared to gains from actual improvements in their prison program. Small differences in prisons have potential to make large differences in post-prison behavior. I expect having an on-staff CBT psychiatrist would make a big difference; an addiction specialist would as well. A new career field is born: expert consultants who travel from private prison to private prison and make recommendations for what changes would reduce recidivism at the lowest possible cost.
  • Police and judges retain the same incentives as before, for bonuses, prestige, and promotions. This is good for the system, because if their incentives were not running counter to the prisons and jails, then there would be a lot of pressure to cook the books by looking the other way on criminals til after the 60 day/1 year/5 year mark. I predict that there will be a couple scandals of cops found to be in league with prisons for a cut of the bonus, but that this method isn’t very profitable. For one thing, an entire police force would have to be corrupt and for another, criminals are mobile and can commit crimes in other precincts. Police are also motivated to work in safer areas, so the general program of rewarding reduced recidivism is to their advantage.

 

Roadmap

If it could be shown that a model for predicting recidivism is highly predictive, we will need to create another model to predict how much the government could save if switching to a bonus system, and what reduction of crime could be expected.


Halfway houses in Pennsylvania are already receiving non-recidivism bonuses. Is a pilot project using this pricing structure feasible?

Comments

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Great suggestion! That said, in light of your first paragraph, I'd like to point out a couple of issues. I came up with most of these by asking the questions "What exactly are you trying to encourage? What exactly are you incentivising? What differences are there between the two, and what would make those difference significant?"

You are trying to encourage prisons to rehabilitate their inmates. If, for a given prisoner, we use p to represent their propensity towards recidivism and a to represent their actual recidivism, rehabilitation is represented by p-a. Of course, we can't actually measure these values, so we use proxies; anticipated recidivism according to your algorithm and re-conviction rate (we'll call these p' and a', respectively).

With this incentive scheme, our prisons have three incentives: increasing p'-p, increasing p-a, and increasing a-a'. The first and last can lead to some problematic incentives.

To increase p'-p, prisons need to incarcerate prisoners which are less prone to recidivism than predicted. Given that past criminality is an excellent predictor of future criminality, this leads to a perverse incentive towards incarcerating those who were unfairly convicted (wrongly convicted innocents or over-convinced lesser offenders). If said prisons can influence the judges supplying their inmates, this may lead to judges being bribed to aggressively convict edge-cases or even outright innocents, and to convict lesser offenses of crimes more correlated with recidivism. (Counterpoint: We already have this problem, so this perverse incentive might not be making things much worse than they already are.)

To increase a-a', prisons need to reduce the probability of re-conviction relative to recidivism. At the comically amoral end, this can lead to prisons teaching inmates "how not to get caught." Even if that doesn't happen, I can see prisons handing out their lawyer's business cards to released inmates. "We are invested in making you a contributing member of society. If you are ever in trouble, let us know - we might be able to help you get back on track." (Counterpoint: Some of these tactics are likely to be too expensive to be worthwhile, even ignoring morality issues.)

Also, since you are incentivising improvement but not disincentivizing regression, prisons who are below-average are encouraged to try high-volatility reforms even if they would yield negative expected improvement. For example, if a reform has a 20% chance of making things much better but a 80% chance of making things equally worse, it is still a good business decision (since the latter consequence does not carry any costs).

The incentive to try "high volatility" methods seems like an advantage; if many prisons try them, 20% of them would succeed, and we'd learn how to rehabilitate better.

Even if that doesn't happen, I can see prisons handing out their lawyer's business cards to released inmates. "We are invested in making you a contributing member of society. If you are ever in trouble, let us know - we might be able to help you get back on track."

I don't think that would be a problem. If more people get a good legal defense the system becomes more fair.

But even if you don't like that, you can set up the rule that the prison doesn't get the bonus if the prisoner is charged with a crime. You don't need to tie the bonus to conviction.

I really, really wish policy makers considered possible perverse incentive exploits in this much detail. Though I'm not convinced there is any perfect policy that has zero exploits.

To increase p'-p, prisons need to incarcerate prisoners which are less prone to recidivism than predicted. Given that past criminality is an excellent predictor of future criminality, this leads to a perverse incentive towards incarcerating those who were unfairly convicted (wrongly convicted innocents or over-convinced lesser offenders).

If past criminality is a predictor of future criminality, then it should be included in the state's predictive model of recidivism, which would fix the predictions. The actual perverse incentive here is for the prisons to reverse-engineer the predicted model, figure out where it's consistently wrong, and then lobby to incarcerate (relatively) more of those people. Given that (a) data science is not the core competency of prison operators; (b) prisons will make it obvious when they find vulnerabilities in the model; and (c) the model can be re-trained faster than the prison lobbying cycle, it doesn't seem like this perverse incentive is actually that bad.

(a) Prison operators are not currently incentivized to be experts in data science (b) Why? And will that fix things? There are plenty of examples of industries taking advantage of vulnerabilities, without those vulnerabilities being fixed. (c) How will it be retrained? Will there be a "We should retrain the model" lobby group, and will it act faster than the prison lobby?

Perhaps we should have a futures market in recidivism. When a prison gets a new prisoner, they buy the associated future at the market rate, and once the prisoner has been out of prison sufficiently long without committing further crimes, the prison can redeem the future. And, of course, there would be laws against prisons shorting their own prisoners.

re: futures market in recidivism - http://freakonomics.com/2014/01/24/reducing-recidivism-through-incentives/

If participants stop returning to jail at a rate of 10% or greater, Goldman will earn $2.1 million. If the recidivism rate rises above 10% over four years, Goldman stands to lose $2.4 million.

Your argument assumes that the algorithm and the prisons have access to the same data. This need not be the case - in particular, if a prison bribes a judge to over-convict, the algorithm will be (incorrectly) relying on said conviction as data, skewing the predicted recidivism measure.

That said, the perverse incentive you mentioned is absolutely in play as well.

Obvious, but worth mentioning: the recidivism index should not count the prisoners who didn't commit any more crimes because they died after they were released; otherwise it would appear lower than its actual value (and would create a hideous incentive).

I can see this system creating pressure to relax parole standards; if a minor deviance from the rules is not counted as recidivism, both the prison and the prisoner benefit.

The elephant in the room is that the US has radically higher incarnation rates than every other country. If you want to reform the systems it's worth paying attention to how the US system differs and what it does to get higher incarnation rates.

Jails compete for money: the more prisoners they house, the more they are paid and the longer they can continue to exist.

That sounds plausible at first glance but it might be more complicated. Have you looked in more detail about how prisons are currently payed?

Prisons love getting more money for doing the same amount of work so campaign contributions would stay stable or go up for politicians who support reduced recidivism bonuses.

Prisons itself don't want anything. There managers have interests. There are also workers. The union of those workers has political interests.

It's not that easy to get data about this but as far as I understand prison workers unions are a significant political player in the US.

It's not that easy to get data about this but as far as I understand prison workers unions are a significant political player in the US.

An incomplete accounting suggests that prison guard unions outspend private prisons, which could reverse "This incentive is strong for public prisons and doubly strong for private prisons." So whatever negative effects one expected from private prison political advocacy, at least double that. (The important part isn't "sides" on that but rather the magnitude of political lobbying.)

(I feel I should note that public unions will spend effort lobbying to increase workers' share of the prison costs, not just to increase the number of prisoners or guard jobs. I could not tell you the breakdown between advocacy for "tough on crime" and for more pension protection.)

To cut back on prison rape, some people have proposed segregating prisons by weight class. Using lean body mass would seem like a better idea. (To prevent short fat guys from being abused.) It would be easy to implement as well.

Letting prisoners choose which prison they will be housed in, and then paying prisons based on head count seems like an interesting idea to me. (The prisons could be privatized, or a bonus could be paid to wardens/staff/guards for each increase in enrollment. If a prison has a reputation for being dangerous or violent, just opt into a different prison (obviously within limits, like security level.) If one prison's population gets too low, a more successful prison could then take on management of it. Someone might be concerned that this would lead to prisons becoming too nice to work effectively as punishment. That could be corrected via regulations or just lowering the per-prisoner payment.

At minimum, each prisoner should be able to choose a private cell.

The core idea of incentivizing prisons to reduce recidivism seems very reasonable. If it's not currently being done, it definitely seems worth trying. At least for the experimental data of whether or not it's a good idea (although politicians wouldn't be able to admit to that reasoning).

Do you know if this is currently being done in any form? Are there other industries/contexts where similar things are being done? Successes? Failures?


This is really complex issue. What "should" be done depends on a lot of factors. You don't seem to have addressed/emphasized this. I think you should have.

However, I think people often use that sort of argument as a cop out, and I certainly won't do that. Relevant questions include "Do we expect that your proposal is better than what's currently being done (we don't need to be 100% sure for it to be worth trying)?". And "Do we expect that your proposal is better than other sensible proposals?" And "How 'high of a ceiling' does this idea have? How much upside? What's the best case scenario?".

I also want to point out that there are two separate questions at play here:

1) What policy would be best? If you had the power to snap your fingers and implement a policy, what would it be?

2) How practical is the proposal? Will it ever get adopted? What would have to happen in order for it to be adopted?

The first thing you suggest, creating a quality model of recidivism, would be eminently worthwhile. So much so, it has probably been done already a few times. Google "model of recidivism" and see how much stuff is out there. Read it.

Yes, there probably exist tons of models, the question is are they any good.

There's an incentive you didn't mention, towards smallest prison populations, which is lowering costs and taxes.

You seem to take it for granted that the prison system will be largely private, but in many countries they are directly run by the state, which removes the profit and campaign donation incentives at a stroke.

What are the incentives for the powers-that-be to adopt your scheme?

Where will the "bonus" money come from? If from reduced expenses on dealing with crime, this is a direct threat to the jobs of cops, judges, prison guards, etc. etc. Crime is highly useful and profitable to many people. They will not want to reduce crime (or "crime") rates.

Missing actor/incentive structure:

Our current justice system is largely based on the idea of retribution, not rehabilitation. This is a trade-off where the State delivers vengeance for victims/families of victims to prevent vigilante justice. It may not make much sense in terms of impact today, but as a cultural norm it still exists and this idea does nothing to address that.

Other thoughts:

Does not really address "recidivism" of victimless crimes, including most drug crimes, except in the most general sense. Convincing people that smoking weed is morally wrong is much harder than convincing them that murder is morally wrong.

I predict that some amount of book-cooking will happen, but that the gains possible with book cooking are small compared to gains from actual improvements in their prison program.

Evidence? Given the history of attempts at rehabilitation programs, this is a rather dubious statement.

Police and judges retain the same incentives as before, for bonuses, prestige, and promotions. This is good for the system, because if their incentives were not running counter to the prisons and jails, then there would be a lot of pressure to cook the books by looking the other way on criminals til after the 60 day/1 year/5 year mark.

Police are also incentivised to not appear "racist", look what happened to Darren Wilson after he shot a black thug who was going for his gun. Thus it is in their interest to avoid patrolling high-crime ghettoes, e.g., what happened in Baltimore after the death of Freddie Gray.

Politicians compete for electability. Convicts can’t vote, prisons make campaign contributions and jobs, and appearing “tough on crime” appeals to a large portion of the voter base.

You seem to have forgotten why appearing "tough on crime" appeals to current voters.

Breif history lesson: During the 1960's and early 1970's politicans competed for electability by appearing compasionate to criminals, who were after all only "victims of society". The result was the massive crime wave of the 1970's. As a result the generation which grew up during that time learned that politicans promissing being compasion for criminals leads to an increased chance of them being mugged. Now that generation is the one in charge and they like politicans who are "tough on crime".

"Our opinion-makers have gone too far in promoting the doctrine that when a law is broken, society, not the criminal is to blame." -- Richard Nixon, 1967 (about a year before he became President)

The data does not support the claim that "tough on crime" strategy was effective.

The data does not support the claim that "tough on crime" strategy was effective.

But the "tough on lead" strategy likely was.

Meh, probably not:

http://stevenpinker.com/files/pinker/files/pinker_comments_on_lead_removal_and_declining_crime.pdf

There are reasons to be skeptical of any claim based on correlations between such widely separated variables as lead exposure (the cause) and crime (the effect). Consuming lead does not instantly turn someone into a criminal in the way that consuming vitamin C cures scurvy. It affects the child’s developing brain, which makes the child duller and more impulsive, which, in some children, and under the right circumstances, leads them to grow up to make short-sighted and risky choices, which, in some children and under the right circumstances, leads them to commit crimes, which, if enough young people act in the same way and at the same time, affects the crime rate. The lead hypothesis correlates the first and last link in this chain, but it would be more convincing if there were evidence about the intervening links. Such correlations should be far stronger than the one they report: presumably most kids with lead are more impulsive, whereas only a minority of impulsive young adults commit crimes. If they are right we should see very strong changes in IQ, school achievement, impulsiveness, childhood aggressiveness, lack of conscientiousness (one of the “Big Five” personality traits) that mirror the trends in lead exposure, with a suitable time delay. Those trends should be much stronger than the time-lagged correlation of lead with crime itself, which is only indirectly related to impulsiveness, an effect that is necessarily diluted by other causes such as policing and incarceration. I am skeptical that such trends exist, though I may not be aware of such studies.

...

Also, the parallelism in curves for lead and time-shifted crime seem too good to be true, since the lead hypothesis assumes that the effects of lead exposure are greatest in childhood. But 23 years after the first lower-lead cohort, only a small fraction of the crime-prone cohort should be lead-free; there are still all those lead-laden young adults who have many years of crime ahead of them. Only gradually should the crime-prone demographic sector be increasingly populated by lead-free kids. The time-shifted curve for crime should be an attenuated, smeared version of the curve for lead, not a perfect copy of it. Also, the effects of age on crime are not sharply peaked, with a spike around the 23rd birthday, and a sharp falloff—it’s a very gentle bulge spread out over the 15-30 age range. So you would not expect such a perfect time-shifted overlap as you might, for example, for first-grade reading performance, where the measurement is so restricted in time.

Finally, the most general reason for skepticism about a causal hypothesis based on epidemiological correlations between a widely separated cause and effect is that across times and places, many things tend to go together. Neighborhoods next to smoggy freeways also tend to be poorer, more poorly policed, more poorly schooled, less stable, more dependent on contraband economies, and so on. It’s all too easy to find spurious correlations in this tangle – which is why so many epidemiological studies of the cause and prevention of disease (this gives you cancer; that prevents it) fail to replicate.

The data does not support the claim that "tough on crime" strategy was effective.

Misleading. You cited a single quote from 1967 from a politician who held no elected office to try to imply that is when tough-on-crime legislation was adopted. To actually make the case, you would have to actually cite when actual tough-on-crime legislation was passed and implemented. Of course, harsher penalties were not implemented all at once, it happened over the course of decades, lasting into the 1980s and 1990s.

Reduced recidivism bonuses don't say how to achieve reduced recidivism. This policy change would arguably be neither tougher nor softer on crime because it doesn't change the length of the sentences or make any value judgement on which treatment methods should be used.

In other words, if being soft on crime isn't working, then prisons don't get a bonus for being soft on crime. Everything we know about human psychology, though, says traumatic experiences make someone more likely to commit crime or suffer mental problems that contribute to increased crime risk, so I don't expect that harsher prisons are the answer. But who am I to know, let the data show what works.

Reduced recidivism bonuses don't say how to achieve reduced recidivism. This policy change would arguably be neither tougher nor softer on crime

The incentive would be to charge random "normal" people with some crime because they're likely to not re-offend. Professional criminals, on the other hand, would be a drag and better avoided.

People's past experience with the justice system would no doubt be part of the model, as well as factors possibly including: Career area, Dependents/spouse, Time in current job, Past (unconvicted) run ins with cops, Known drug addictions, Track record of arresting cop and sentencing judge, ect.

With a good model, it would be hard to charge "normal" people in a way that actually gamed the statistics, because their probability to re-offend is very low to begin with. When they don't re-offend it would be expected behavior and not represent in drop in observed recidivism vs expected recidivism. So no bonus.

I would expect the lowest hanging fruit to be in drug addicts and thieves, there is a very large body of knowledge about rehabilitating those two groups.These would be the two groups where I expect to see the largest difference between expected recidivism in the current system vs. a treatment group with psych professionals and job training provided.