Criminal procedure (2023): Post-sentencing: Recidivism

Recidivism from recidive and -ism, from Latin recidivus "recurring", from re- "back" and cado "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior. It is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.

The term is frequently used in conjunction with criminal behavior and substance abuse. Recidivism is a synonym for "relapse", which is more commonly used in medicine and in the disease model of addiction.

Norway has one of the lowest recidivism rates in the world at 20%. Prisons in Norway and the Norwegian criminal justice system focus on restorative justice and rehabilitating prisoners rather than punishment.

United States.

According to the latest study by the US Department of Justice, recidivism measures require three characteristics: 1. a starting event, such as a release from prison 2. a measure of failure following the starting event, such as a subsequent arrest, conviction, or return to prison 3. an observation or follow-up period that generally extends from the date of the starting event to a predefined end date as in 6 months, 1 year, 3 years, 5 years, or 9 years). The latest  reported that 83% of state prisoners were arrested at some point in the 9 years following their release. A large majority of those were arrested within the first 3 years, and more than 50% get rearrested within the first year. However, the longer the time period, the higher the reported recidivism rate, but the lower the actual threat to public safety.

According to an April 2011 report by the Pew Center on the States, the average national recidivism rate for released prisoners is 43%.

According to the National Institute of Justice, almost 44 percent of the recently released return before the end of their first year out. About 68 percent of 405,000 prisoners released in 30 states in 2005 were arrested for a new crime within three years of their release from prison, and 77 percent were arrested within five years, and by year nine that number reaches 83 percent.

Beginning in the 1990s, the US rate of incarceration increased dramatically, filling prisons to capacity in bad conditions for inmates. Crime continues inside many prison walls. Gangs exist on the inside, often with tactical decisions made by imprisoned leaders.

While the US justice system has traditionally focused its efforts at the front end of the system, by locking people up, it has not exerted an equal effort at the tail end of the system: decreasing the likelihood of reoffending among formerly incarcerated persons. This is a significant issue because ninety-five percent of prisoners will be released back into the community at some point.

A cost study performed by the Vera Institute of Justice, a non-profit committed to decarceration in the United States, found that the average per-inmate cost of incarceration among the 40 states surveyed was $31,286 per year.