Behavioral Rehab Pt. 01

A group of twelve men and women in uniform milled into a room in the basement of a state administration building. At first, some chatter filled the room, but after a few minutes, the lights dimmed, and everyone took a seat. "I'm going to start the video now," a woman in the front of the room announced, before pushing a button on a remote and having a seat herself.

A middle-aged man in a suit and tie appeared on the screen and began speaking.

=====

Hello, ladies and gentlemen. I'm Attorney General Coghlan. It's my pleasure to welcome you as the first counselors to participate in the state's new behavioral rehabilitation program. Each of you is an exceptional and experienced corrections or law enforcement officer, and you each successfully interviewed to be rehabilitation counselors in this groundbreaking program. Congratulations.

Although I know you're aware of the basics, let me start by giving you a little bit of history on what I'll refer to informally as the rehab program. As you know, this is not a drug rehab program. Those still exist for our citizens who need them. Instead, this is a behavioral rehabilitation program for certain individuals who have committed misdemeanors and minor felonies. A few years ago, momentum began to grow against the system of assessing fines and probation across the board for minor offenses. Some people believed the system was unfairly biased against the poor. For example, take two individuals charged with reckless driving and assessed a standard $1000 fine. For the average person, that's a meaningful fine that will send a message that the offense is not acceptable. But for a wealthy person, the fine may have no effect on their lifestyle and just isn't a real deterrent. Some factions wanted to eliminate fines completely for those below a certain income level. But our lawmakers determined that wouldn't do enough to deter crimes and dangerous behaviors in society. So, a few years back, our lawmakers and law enforcement determined that any individual with a household income of over $250,000 or net worth of more than $2 million would be required to complete community service in addition to the fine. But that has come with its own issues. There have been some instances publicized in the media where some well-connected people were able to get friends who run non-profit organizations to sign off on phony community service paperwork. The backlash from that has led to a significant change to the program, which is eligible to go into effect next week. That's where you come in.

Now, every citizen who is over the income or wealth threshold is only eligible for community service once in their lifetime. Upon conviction of a second offense that would otherwise be eligible for a fine, any person over the threshold will be required to attend one or more rehab sessions. For repeat convictions, or convictions of a more serious nature, the individual will be required to attend overnight rehab rather than a day-visit session. As I'm sure you're aware, the methodology has been somewhat controversial. In deliberation with behavioral researchers, it was determined that for individuals required to attend rehab, embarrassment is the method that is most likely to deter future offenses. Therefore, each offender assigned to rehab will be required to undergo corporal punishment--yes, spanking--which will be delivered in an manner that is designed to be embarrassing.

Let's talk about the typical participant. Because of the income and means requirement, most of the participants will be relatively well-off. You'll encounter white-collar professionals and people from well-off families. For now, the state has imposed a cutoff of 50 years old, since it hasn't been well-studied how individuals older than that will tolerate the punishments. The offenses will be varied, but can include any misdemeanor or minor felony that does not involve a prison sentence, except for minor speeding ticket offenses and drug offenses. Reckless driving, which is a more serious vehicular offense, does qualify. Other examples will include shoplifting and petty theft, simple assault, disorderly conduct, DUI without injuries, criminal mischief, public nuisance, vandalism, harassment, and some minor financial and white-collar crimes.

The judge will decide whether an individual is assigned to day-visit rehab or overnight, and how many sessions will be required, or for overnight, how long the stay will be. The guidelines are that for offenses with a fine of up to $500, one day visit is required in lieu of the fine, and two separate day visits are required as the equivalent of a fine up to $1,000. For fines over $1,000, overnight rehab stays are required, with one night for each $1,000 in fines. Just to give some examples, the statutory fine is $250 for a first offense of minor retail shoplifting. So that would correspond to a single day visit. On the other hand, a second DUI offense without injuries carries a $4,000 fine, so an offender convicted of that crime would receive four nights in rehab.

Let me first address the protocols for day-visit. Two of you will be assigned to attend each offender's rehab session. This is for safety reasons and to discourage any kind of altercations or resistance. One of you or an administrative worker will need to verify the identity of the individual. The individual will be required to bring and show a state-issued photo ID. Second, there will be an iris scan which will be matched to the offender's court records to confirm identity. Upon confirmation, you should instruct the offender to check any personal items such as handbags, keys, cell phones, or anything else on their person. There will be a secure location to store them. One of you will then escort the offender to a room with a short orientation video that will prepare the offender for the rehab session. At the beginning, word may not have gotten out about the program, so some offenders may be somewhat surprised to learn about the methodologies. For that reason, the door to the orientation room will be locked from the outside.

After the orientation video, you will escort the offender to the primary rehab room. Each room has a camera on a tripod that will record the entire session. This is for several reasons. First, we have been told that the session being recorded increases the embarrassment factor, which as I mentioned, is key to preventing reoffending. Second, it serves as a record in case any disputes arise about what happened during the session. That is for your protection, and the offender's protection. You should engage in a discussion with the offender about the offense, and try to learn about why they engaged in the behavior, whether they are remorseful and determined not to do it again, and how they feel about having been required to attend rehab.

You'll then move on to what we refer to as the "physical rehabilitation" component of the process. There is a standard physical rehabilitation component to the session, which is ten strokes with a leather paddle on the offender's bare buttocks. Every offender receives those ten strokes; it is the minimum for a day-visit session. However, some offenders will receive enhancements and penalties, which are determined in your discretion. Enhancements can be given if an offender seems to not appropriately regret his or her actions or determined not to repeat them. Penalties can be given if an offender refuses to follow instructions or otherwise displays rude or insubordinate behavior. There is a handbook that you will each be given that contains a list of suggested additional punitive measures. You are fully authorized to add additional punitive measures in cases of non-compliance or refusal to obey orders.

Now, before beginning each physical rehabilitation session, the offender will be required to strip out of all of his or her clothing. That means everything--shoes, underwear, bras, and so on. Again, this is part of the embarrassment element. For physical safety, you'll also administer a strip search according to standard corrections protocols to ensure the offender has no weapons or other contraband items on their person. Once that is complete, you can begin the corporal punishment protocol. There is a padded bench in each room that the offender will be required to climb onto, which will place the buttocks in the optimal position to deliver the paddle strokes. After the paddle, if there are enhancements or penalties, you can move on to those. Otherwise, the session is over. Before the offender leaves, you should remind them of the requirement to write a letter to the counselors, which is the final requirement of the program.

Now, before concluding, I should note that in the most extreme circumstances, where an offender repeatedly refuses to obey orders or makes it impossible to properly complete the session, you may mark the rehab session as incomplete, in which case the sentencing judge will review the video from the session and determine whether the offender is required to repeat the rehab session or if the sentence should be modified in any way. However, we suggest using this option sparingly. In most cases, minor disobedience or attitude problems can be addressed with penalty consequences during the session. Finally, if an offender refuses to participate at all, each sentence will come with an alternative county jail or state prison sentence. Rehab is a privilege, and if an offender declines to avail themselves of it, the jail or prison staff should be contacted to arrange for immediate transport.

I should also add that we do not expect the program to be extremely active at the start. Only about 7% of the state's population exceeds the income threshold, and many of those people will even be eligible for community service if they have not served before. So in the beginning, we may only have a few offenders per week statewide who are ordered to attend rebab.

With that, I thank you for your time. We have staff members who will be available on a hotline to answer any questions that may arise. I will see some of you back tomorrow to watch another pre-recorded video about the overnight stay rehab program.

===

The following Monday morning, Cassidy Campbell appeared in court for her texting-while-driving ticket. The 35-year old mother of two had been spotted with her phone in hand while driving her two-year old son home from day care in her new BMW. She'd been embarrassed about it and decided not to tell her husband, knowing how irresponsible she had been.

For the same reason, Cassidy decided not to hire a lawyer, even after receiving a notice in the mail that required her to submit a copy of her most recent tax return and explaining that she may not be eligible for a fine if her income was in excess of a certain amount. She assumed there would be a BS driver training course or something instead of a fine. Cassidy had reasoned that hiring a lawyer would require her to make a payment to the lawyer from their joint bank account, which would arouse her husband's attention.

Cassidy worked as a realtor and dressed nicely, and with plans to meet with clients after court, she was mindful of her appearance as usual. Before walking into the courthouse for her 10:00 a.m. hearing, Cassidy applied some lip gloss and checked her silky brown hair in the car to make sure it was all in place. Cassidy was in good shape but not skinny. She wore a size 8, and was dressed in a grey pencil skirt and white blouse that looked professional, but showed her natural curves.

After entering the courtroom, Cassidy waited for her case to be called. "Are you sure you don't want a lawyer?" the judge asked Cassidy right away after calling her case and watching her step up to the defense table alone. "If you cannot avoid a lawyer, you can apply to be represented by a public defender," he explained. Cassidy brushed the question off. With her husband being a doctor and she a successful real estate agent, she didn't think there was really a basis to say she couldn't afford a lawyer. "Very well, Ms. Campbell," the judge continued. You have been charged with using a handheld mobile phone while operating a motor vehicle, which is a Class 2 misdemeanor under the Motor Vehicle Code. How do you plead?"

Cassidy knew she shouldn't have done it, but also didn't think the consequences could be too bad. Had she consulted with a lawyer, she'd know otherwise. "Guilty, your honor," she replied. "I'm sorry. It won't happen again."

The judge made some notes on a paper. "Okay. It is a dangerous habit. And I understand you had a child in the vehicle, which is all the more reason this shouldn't have happened. There is a $400 statutory fine, which until last week was imposed on anyone found guilty of this offense. But under the new fine reform law, I am no longer permitted to impose fines against persons above the income threshold. I have reviewed your financial disclosures and see that you and your husband had taxable income of almost $400,000 last year. So, you are well in excess of the $250,000 income cap. I also cannot sentence you to community service, since I see you did community service for an underage drinking offense back in 2007. Therefore, I am required to instead impose a requirement that you attend one rehabilitation session. You may either attend today, or else you can schedule it at a future date, but if you are going to attend at a later date, the court officer will need to fit you with an ankle monitoring device, which will be removed once you attend rehab. I am also required to impose an alternative sentence in the event you are unable or unwilling to complete the rehab program. Since I cannot impose a fine, and cannot impose community service, I impose an alternate sentence of 30 days in county jail."

Cassidy was a little confused at this point. "But this um .... issue, didn't involve any drugs or alcohol. I don't understand why you are asking me to go to rehab, Sir," she replied.

"Yes, I know," the judge responded. "This is not a drug rehab program. It's behavioral rehabilitation. The point is that the lawmakers decided that some people, like yourself, are well enough off that a $400 fine doesn't hurt enough to ensure that you won't do it again. So, there's a new program for that. Do you understand?"

Cassidy rolled her eyes a little at the term "behavioral rehabilitation," imagining some boring counseling session about the consequences of irresponsible behavior. She certainly didn't want to have to wear the ankle monitor, which would be extremely embarrassing, and would also ruin her plans to keep this little issue from her husband. "Okay, fine. I guess I'll do it today," she answered.

"Okay. The court officer will escort you to the rehab area. It's on another floor in this building. Next case," the judge called out.

Cassidy followed the court officer down a hall and to an elevator, where they rode silently down from the 4th floor to the 2nd floor. The court officer swiped a key card and walked them through a door with a sign marked "Court-Ordered Behavioral Rehabilitation."

On the other side of the door was a small waiting room with 3 chairs, all of which were empty. A middle-aged white woman sat at a desk with a computer. The court officer stood silently in the background, waiting to confirm that Cassidy began proceeding without incident.

"Your name, please?"

"Cassidy Campbell."

"Yes, I see you here in the system. Would you please show me a photo ID, and then look into this camera, which will scan your eyes."

Cassidy fished her driver's license out from her wallet and then stared into the iris-scanning device, which flashed a green light after a few seconds.

The front desk woman pointed over to a row of four lockers right in the reception area. Now, you'll need to leave your personal belongings in one of those lockers. Handbag, keys, wallet, cell phone, anything else in your pockets," the woman directed Cassidy. "Just like TSA at the airport, nothing in your hands or pockets. You can set your own code to the locker, so everything will be safe until you're done."

Cassidy glanced back at the court officer, wondering why he was still lingering around, and then walked over to the locker. She placed her white Lululemon jacket in the locker and then put all of her other items inside of the leather Ferragamo bag that her husband had given her for her last birthday, before setting the designer bag in the locker, closing it and locking it with a key code.

"Okay, let me show you into a room where you'll watch a short video about the program. When it's over, your counselors will come to the room and introduce themselves," the front desk woman explained. She showed Cassidy into a 12 x 12 windowless room with four chairs and a TV in the front. When the woman left, the door locked behind her, and the court officer finally headed back to the floor with the courtrooms.

Cassidy smoothed out her skirt, sat down and watched the ten-minute video, which was delivered by the same official who appeared on the training video for counselors, except that this video was designed for program participants. The front desk woman called over the counselors to show them on the closed circuit feed that Cassidy was apparently becoming increasingly agitated and pacing the room as the 10-minute video progressed. Cassidy even tried the door, only to find that it was locked.

When the video ended, a tall man in his early 40s opened the door. "Ms. Campbell, I am Counselor Huff. We are ready for you," he calmly remarked. But Cassidy was not so calm. "Hold up a minute," she barked as she stood up. "This program involves spankings? Are you kidding me?" she demanded. "No one told me about that."

Ben Huff had an imposing presence. He wore civilian clothing rather than a uniform, which the rehab program had decided not to issue. He was a bit over six feet tall, and had a broad-shouldered, athletic build with sandy brown hair, piercing blue eyes and a clean-shaven face. He wore a blue dress shirt with the sleeves unbuttoned and folded up his arms, and dark grey dress pants. Cassidy couldn't help but notice that he was attractive, despite her current state of near-rage.

Ben maintained his calm. "Well, I reviewed your court file. It says you declined to have an attorney and also declined to apply for a public defender. If you had a lawyer, I'm sure he or she would have explained a bit more about the rehab program. It's a new program, so it isn't very well known yet," he continued. "But in any event, I don't see what other choice you had. You aren't eligible for a fine due to your income. So the only other choice would be the 30-day jail sentence if you refuse rehab."

Cassidy crossed her arms over her chest. She still felt powerful in her pressed, form- fitting blouse and business-appropriate skirt. "This is ridiculous. If I were poor, I could pay a $400 fine, but because I'm not, you want to spank me? And I also can't do community service because I had a couple of beers when I was 19? This is crazy. I want to call a lawyer."

"I'm afraid that's not in the protocol. This isn't a police station. You can't make any phone calls. If you decline to proceed with your rehab session, you'll be taken to the county jail to begin your sentence, and you would follow whatever the county jail's rules are for calling lawyers. I'm sure there is a process for it," Ben explained.

"Fuck," Cassidy thought to herself. At this point, she'd be willing to swallow her pride and have her husband find out about her issue to get out of this spanking, but risking 30 days in jail was a different story. Her eyes darted around and her mind raced, but she wasn't coming up with any attractive options. Apparently if she declined the spanking that the man in the video said was coming, she'd be thrown immediately in jail, possibly having to stay for a month, and was unsure whether a lawyer could get her out or not.