There are 4.5 million adults in community corrections (e.g., probation and parole), nearly twice the number of people incarcerated in jails and prisons combined. Research suggests that more than half of men in jail have experienced at least one traumatic brain injury (TBI). Very little is known about TBI history in probation. This study reviewed TBI history, cognitive and psychosocial data, and judicial records. Results showed that 47% of persons on probation report TBI. People on probation with TBI also had comorbid behavioral health conditions like mental illness, substance abuse, trauma history, and attempted suicide. They were more likely to be determined to be high risk by probation officers, had a higher rate of felony convictions, had lower rates of successful probation completion, and were significantly more likely to re-offend. Attention to responsivity factors like TBI may help probation provide accommodations that support successful engagement in probation and treatment.
Adolescents adjudicated for illegal sexual behavior (AISB) are subjected to the same Sex Offender Registration and Notification Act (SORNA) policies as adults with sexual offense histories despite current research documenting their relatively low likelihood of recidivism. Therapeutic jurisprudence is a framework which suggests the law should value psychological well-being and strive to avoid imposing anti-therapeutic consequences. The purpose of this article is to analyze the use of SORNA policies with AISB from a therapeutic jurisprudence perspective. Given the current literature documenting the collateral consequences of SORNA on AISB and their families and the lack of efficacy in reducing recidivism, we argue SORNA should not be applied to children and adolescents. We conclude with a discussion of future directions for the juvenile justice system and public policy reform.
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