Transcript Introduction to Criminal Justice

Penology
207
Chapter Six
Institutional Corrections
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Objectives
• Explain the unique problems of prison management
• Provide insight into the rich and varied history and
evolution of institutional corrections at both the state
and federal levels
• Provide an understanding of the types and functions
of prisons, penitentiaries and other correctional
institutions
• Explain the important topic of prison labor Explain
the unique problems of prison management
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Introduction
• A “Prison” is an institution operated by a state or the
federal government for the confinement of convicted
felons who are serving sentences in excess of one
year
• The term Total Institution” captures the essence of
contemporary prison
– Goffman defined a “Total Institution” as a physical
and social environment in which others control
nearly every aspect of residents’ daily lives
– Read Box 6.1 on page 149
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Prisoner Management
• Institutional Goals
– Prisons have two widely acknowledged goals:
• “Custody” is the legal or physical control of a
person
– Prison authorities have an obligation to provide
for inmates basic needs, but this obligation is
secondary to protecting the public
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Prisoner Management
• Institutional Goals
– Prisons have two widely acknowledged goals:
• “Treatment” refers to a particular method of therapy
based on a particular diagnosis
– This is not medical treatment, but treatment of
the conditions that may have contributed to their
criminal behavior
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Prisoner Management
• Institutional Goals
– “Custody” is the primary responsibility of correctional
officers or prison guards
• Their first duty is to ensure the safety and secuirty
of the institution and its staff, then comes the
inmates
• Authority, regimentation and architecture are the
correctional officers’ tools
• The use of these elements defines the security level
of a prison
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Prisoner Management
• Institutional Goals
– Historically, correctional officers rarely have more
than a high school education
– Their career advancement is limited within th eprison
system
– Their position mandates that they be suspicious of any
unusual exchanges (verbal and/or physical) between
inmates and staff members
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Prisoner Management
• Institutional Goals
– Those individuals who provide treatment for inmates
are known by several names and occupy vairous
positions
• Counselors, caseworkers, case managers,
psychologists and psychiatrists, social workers,
activities coordinators, chaplins, educators, nurses
and physicians
• Almost all hold degrees, few work directly with the
correctional officers and are paid more than the
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correctional officers
Prisoner Management
• Institutional Goals
– Correctional officers wear uniforms, work in cell
blocks and/or yards with large numbers of prisoners
– Treatment personnel rarely wear uniforms, usually
work in other physical locations (private or semiprivate offices) where they interact with individual
inmates or with small groups
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Prisoner Management
• Institutional Goals
– Correctional officers control inmates by intimidation
and develop a distrust of inmates
– Treatment providers can’t force inmates to learn or
deal with their psychological problems, the success of
a treatment program depends trust between the
provider and the inmate, they must use persuasion
– Can these to opposing philosophies exist side by side
in an institution?
– Who do you think should win out?
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Prisoner Management
• Inmate Classification
– In the middle of the 1800s prison reformers were
calling for the classification of inmates into broad
categories
• Men/women
• Adults/children
• Health/sick
• Property offenders/violent offenders
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Prisoner Management
• Inmate Classification
– In 1876, Brockway, at Elmira, interviewed incoming
inmates as a form of inmate classification
• Criminal histories
• Social histories
• And later psychological and personality testing
– By the 1930s, classification schemes focused on
psychiatric diagnosis which often had little to do with
the services available in the prison
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Prisoner Management
• Inmate Classification
– After WWII, inmate classification was performed by a
“Classification Officer” who made his decision on
• Criminal record
• Personality inventories
• Interviews
• Personal experience of the penal system
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Prisoner Management
• Inmate Classification
– In the 1970s, classification systems changed in two
ways
• Court cases made it clear that the classification
system could stop charges of harsh conditions in
prison
• In Holt v. Sarver (1969) identified that there was a
link between living conditions and housing
assignments (which was controlled by the
“Classification Officer”
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Prisoner Management
• Inmate Classification
– In the 1970s, classification systems changed in two
ways
• Morris v. Travisono (1970) ordered the state of
Rhode Island to design a classification system
because it is essential to the operation of a safe and
orderly prison
• In Pugh v. Locke (1976) the judge tied inmate
treatment to classification systems
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Prisoner Management
• Inmate Classification
– In the 1970s, classification systems changed in two
ways
• As a result of the previous court cases:
– Staff must assign inmates to the least restrictive
security level possible
– The system must have an assessment of inmates’
needs on a regular basis
– Prosocial change should be encouraged by
extending positive incentives to inmates
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Prisoner Management
• Inmate Classification
– The Second Change
• Large number of “Treatment Programs” were
abandoned
– Public police called for an end to the “Medical
Model” and started the “Get Tough on Crime
Model”
– Now it was not about treatment, but about
custody
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Prisoner Management
• Inmate Classification
– Classification Systems Today
• The “Consensus Model” prison personnel, based
their experiences with problem inmates, identify the
factors the determine risk
• The “Equity Based Model” is an attempt to treat all
prisoners the same, only the current offense is
considered
• In the “Prediction Model” many factors are
considered, legal, psychological, social, medical …
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Prisoner Management
• Inmate Classification
– Classification Systems Today
• About 26% of the states base their classification
system on selected elements of psychometric tests
that they have developed or taken form
standardized tests (MMPI and Quay Adult Internal
Management System)
• About 28% of the states use the “Custody
Determination Model” which bases its assignment
on the offenders level of violence, history of drug
and alcohol abuse and severity of current offense 19
Prisoner Management
• Inmate Classification
– Classification Systems Today
• Another 23% use the system developed by the
Bureau of Prisons which examines the current
offense, time the inmate may serve, history of
incarceration, escapes and violence
• About 13% of the states sue the “Correctional
Classification Profile” which looks at factors such
as medical, mental, security, custody, education,
vocational, work and distance from family
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Prisoner Management
• Inmate Classification
– Classification Systems Today
• Finally, 10% use a combination of the “Custody
Determination Model” and the “Bureau of Prisons”
Model
• But all that said, the placement of an inmate
ultimately depends on the availability of space
• Read Box 6.2 on page 155
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Prison Types and Functions
• Prison Design
– The prison design must take into consideration many
factors:
• Security level
• Activities (feeding, laundry, administrative staff)
• Housing
• Cost
• Review the different designs on page 156
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Prison Types and Functions
• Prison Design
– The “Radial Design” or “Auburn Design”
(which is half the “Radial”)
• Its strength is that it is very good for securing the
facility and searching inmates
• The design is around a central “Times Square” area
that everyone must pass through to enter work
residential or administrative areas
• Not popular, few prisons still have this design
(Leavenworth, Rahway and Trenton, Eastern State
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Prison)
Prison Types and Functions
• Prison Design
– The “Telephone Pole Design”
• Central corridor for moving around the facility
• Wings house cells, functions and administrative
offices
• Floors are stacked one above the other, different
floors, different levels of classification
• Easy for inmates to riot and barricade wings
• Found in maximum security prisons
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Prison Types and Functions
• Prison Design
– The “Courtyard Design”
• Relies on the prison walls for security
• All institutional units, housing, education, medical
care, industry, and dining face the central courtyard
• Everyone must move through the courtyard to go
from one part of the facility to the next
• The courtyard may also be a recreational area
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Prison Types and Functions
• Prison Design
– The “Campus Design”
• Chosen when the prison is close to a residential area
• Resembles a small college
– Living units, dormitory wings, functional
buildings look like classroom buildings
• Medium security facilities will have perimeter
fencing and minimum security may have no fencing
at all
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Prison Types and Functions
• Building Design and Inmate Supervision
– The “Linear Design”
• Oldest design in use
• Cells line the corridor and control is maintained by
an officer at the end of the corridor
• Double doors (Sally Port), that can’t be opened at
the same time provide security
• Cells face each other across the hallway and have
exterior windows at the back of the cell
• Intermittent supervision
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Prison Types and Functions
• Building Design and Inmate Supervision
– The “Modified Linear Design”
• Cluster of cells around a common area called the
“Day Area”
• Cells are open except during sleeping hours
• Surveillance is indirect, relying on electronic
monitoring, one way mirrors that look into cells
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Prison Types and Functions
• Building Design and Inmate Supervision
– The “Podular Design”
• The “Podular Design” is different in to ways
– Linear living areas
– Intermittent supervision
• Triangular shaped, lined with individual cells that
share a central day area
• There is “Direct Supervision” and the correctional
officer interacts with the inmate directly (personal)
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Prison Types and Functions
• Security Levels
– “Security Level” is the risk that defines a prison’s
physical appearance and security provisions
• Maximum
• Medium
• Minimum
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Prison Types and Functions
• Security Levels
– “Maximum Security” is the highest level
– Correctional officials reserve it for inmates who
represent the greatest threat to society, the institution
and other inmates
– Linear in design, they have high concrete walls or
fences with razor wire on top and gun towers
– Access to cells is controlled by “Sally Port” and access
to other parts of the prison are controlled through
“Times Square”
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Prison Types and Functions
• Security Levels
– “Maximum Security” prisons allow no privacy for
inmates
– Officers conduct frequent “counts,” bar code systems
to track inmates, unannounced “shakedowns”
(searches of cells) and “body cavity” searches (mouth,
anus, vagina)
– No physical contact with inmates and visitors, which
prohibits, escape plans, smuggling of contraband or
committing crimes
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Prison Types and Functions
• Security Levels
– “Medium Security” less restrictive than Maximum
prisons and are often called “Correctional Facilities”
or “Institutions”
– No stone walls, usually double fenced, surveillance
technology and patrol
– Dormitory living arrangements or “Podular”
– Access to common facilities (showers, rest roooms)
– Fewer rules, wear prison garb when working plain
clothes when not, less restrictions on movements…
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Prison Types and Functions
• Security Levels
– “Minimum Security” less restrictive than Medium
“Correctional Facilities” or “Institutions”
– May resemble a college campus, ranch, farm or camp
– House non violent offenders, first time offenders,
inmates serving short sentences, or soon to be released
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Prison Labor
• From the Auburn Prison Factory to the Depression
– The Contract System
• Prison warden sold inmate labor to private vendors
• The vendors provided the machines, tools, raw
materials and supervision
• The factory was near or in the prison (if in the
prison the owner rented space from the warden)
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Prison Labor
• From the Auburn Prison Factory to the Depression
– The Lease System
• Modified the Contract System
• Used at the end of the Civil War
• Vendors paid a fixed fee, to the warden, for prison
labor
• The work occurred off site, on farms or mines
• Outlawed by the 13th Amendment
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Prison Labor
• From the Auburn Prison Factory to the Depression
– The State Use System
• Late 1800s because the “Lease System” was
“unfair” competition from the use of prison labor
• Inmate labor produced goods consumed by the
prison system itself or state government
– License plates, building new prisons
– Texas produced everything it needed to operated
the prison
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Prison Labor
• From the Auburn Prison Factory to the Depression
– Unions and manufactures saw this “free prison labor”
as an undermining of the Free Enterprise System
• Congress passed the Hawes-Cooper Act in 1929
– An inmate produced goods were subject to the
states laws
– Many states restricted the manufacture, sale and
transportation of prison made goods
– Prison made goods could not be transported
across state lines
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Prison Labor
• From the Auburn Prison Factory to the Depression
– Congress also passed the Ashurst-Sumners Act in 1935
• It was a crime to transport prison made goods into
another state that had laws restricting their sale
• The law also encouraged states that did not have
such laws to create them
• By 1940 all states had laws that restricted the sale of
prison made goods
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Prison Labor
• Prison Industries Today
– By the 1970s, labor unions no longer had the political
pressure they had in the 1930-50s
– State and federal lawmakers were encouraging prisons
to become more self sufficient
– Prisoners were encouraged to learn trades while in
prison
– Remember this was the “Era of Rehabilitation”
– The “Free Ventures Project” gave inmates real jobs and
skills with post incarceration marketability
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Prison Labor
• Prison Industries Today
– In 1979, Congress created the Private Sector/Prison
Industries Enhancement Certification Program
• Basically it many of the restrictions in the Hawes
Cooper and the Ashurst Sumners Acts
– Inmates working in prison industries had to be
paid at the same rate as other employees
– Before starting any projects using prison labor
local unions had to be consulted
– Inmate labor can’t compete with laborers in the
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private sector
Federal Prison System
• The Federal Prison System
– In 1891, Congress authorized the construction of three
new federal prisons
• Prior to this federal prisoners were housed in state
prisons and local jails
• Now federal prisoners were transferred to
Leavenworth a federal military prison
• Later in 1902, federal prisoners were sent to Atlanta
• More prisons were opened in Leavenworth and
McNeil Island (Washington)
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Federal Prison System
• The Federal Prison System
– Other federal institutions were opened for women,
juveniles and federal detainees
– Prohibition, new federal drug laws, banking laws,
organized crime involving auto thefts quickly filled up
these federal facilities
– In 1930, President Hoover created the U.S. Bureau of
Prisons to ensure consistency, professionalization and
humane care to federal prisoners
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Federal Prison System
• Facilities Profile
– The Bureau of Prisons operates three main types of
facilities
• Penitentiaries
• Correctional Institutions
• Prison Camps
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Federal Prison System
• Facilities Profile
– Penitentiaries
• 18 in number
• High security
• 1 staff to 2 inmates
• Read Box 6.3 page 166 and Box 6.4 on page 168
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Federal Prison System
• Facilities Profile
– Correctional Institutions
• Medium Security
– Staff to inmate ratio is 1 to 3
• Minimum Security
– Staff to inmate ratio 1 to 4
– One is female only, three others are mixed
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Federal Prison System
• Facilities Profile
– Prison Camps
• Minimum Security
– Limited or no fencing, dorms..
– Staffing is 1 officer for every 10 inmates
– Low risk
– Alderson, West Virginia and Bryan, Texas are
women only
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Federal Prison System
• Facilities Profile
– Administrative Security
• House inmates at all risk levels
• Like large jails house accused, convicted and intransit inmates
• Federal Medical Centers treat inmates
• Federal Detention Centers hold short term federal
detainees
• Administrative Maximum U.S. Penitentiary in
Florence, Colorado holds high risk inmates
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Federal Prison System
• Programs Profile
– Work is important for three reasons:
• It keeps the inmates busy for extended periods of
time
• Good work habits and vocational training can lead
to a successful post release job placement
• Inmates provide a ready labor pool in the prison for
institutional jobs
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Federal Prison System
• Programs Profile
– The Bureau of Prisons formed the first work program,
Federal Prison Industries (UNICOR) in 1934
• Goals
– Employ & provide job skills to as many inmates
as possible to lower recidivism when released
– Keep inmates constructively occupied
– Produce goods for sale to the government
– Operate in a self sustaining manner
– Minimize negative impact on the private sector50
Federal Prison System
• Programs Profile
– Positions within the Federal Prison Industries
• 20% of the inmates are employed in this capacity
• Manufacture furniture, produce clothing, assemble
electric cable, make signs …
• Work an average of 40/hours/week
• Earn $.23 to $1.15/hour
• 50% goes to paying fines, family support, victim
restitution…
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Federal Prison System
• Programs Profile
– The second work program is general maintenance of
the prison facility
• 75% of the inmates work at these types of jobs
– Health services, food service, educational and
recreational services, the law library, business
office, general maintenance
– Earn $.12 to $.40/hour
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Federal Prison System
• Programs Profile
– Education
• All Bureau of Prison institutions offer:
– Literacy classes, English as a second language,
adult continuing education, parenting classes,
library classes, wellness education…
– Inmates without a high school diploma must
participate in a GED program for 240 hours
(leads to better institutional jobs)
– Non English speakers are required to take ESL
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classes
Federal Prison System
• Programs Profile
– Vocational and Occupational Jobs
• There are numerous occupational training programs,
apprenticeship programs and occupational
educational programs within the federal institutions
• There are also opportunities through technical
schools, community colleges and four year colleges
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Federal Prison System
• Programs Profile
– Drug Treatment
• The Bureau of Prisons must provide drug treatment
to every eligible inmate in the federal prison system
– The first step is drug education, which is an
information oriented program
– Step two is a non resident drug abuse treatment
program, outpatient group and individual
counseling
– Half of the prisons have a residential drug
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treatment program
State Prison System
• State Prison Systems
– In 2005, there were 1.5 million in state prison systems,
that is 491/100,000 (1 in 200) in the U.S.
– But five states account for 41% of this number
• California, Texas, Florida, New York and Michigan
– Five other states have the highest rate per capita
• Louisiana (797), Texas (691), Mississippi (606),
Oklahoma (652) and Alabama (591)
– Annual growth among states between 1995 and 2005
• N. Dakota (9.3%), W. Virginia (7.9%), Oregon
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(7.5%), Idaho (7.4%) and Wisconsin (7.4%)
State Prison System
• State Prison Systems
– The smallest prisons are in:
• N. Dakota (1,327), Vermont (1,542), Maine (1,905),
Wyoming (2,047) and Rhode Island (2,025)
– Lowest per capita rates:
• Maine (144), Minnesota (180), Rhode Island (189),
New Hampshire (192) and North Dakota (208)
– Review the tables on pages 172 and 173 for more
information and statistics
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State Prison System
• Facilities Profile
– 50 states operate 1,320 adult correctional facilities
• 1,208 or 92% are confinement facilities (can’t leave)
• 112 are community based facilities
– 264 correctional facilities are run by private
corporations of which 158 are community based
facilities
• This is 6% of the inmates held in the U.S.
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State Prison System
• Facilities Profile
– Only a few facilities (5%) of the state facilities hold
more than 2,500 inmates
– 10% hold between 1,500 to 2,499
– 800 correctional facilities house less than 1,500
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State Prison System
• Facilities Profile
– 40% of the state facilities operate at minimum or low
security levels
– 34% of the state facilities operate at a medium security
level
– 25% of the state facilities operate at a maximum
security level
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State Prison System
• Facilities Profile
– 40% of the nations prisoners are held in the Southern
states
– 50% of the nations prisons are in the south
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State Prison System
• Facilities Profile
– The federal and state prison systems operate in excess
of their rated capacity
– However, the smaller the facility the lower the capacity
• Fewer than 250 rated capacity/84%
• Fewer then 1,500 rated capacity/95%
• 1,500 to 2,499 rated capacity/109%
• More than 2,500 rated capacity/100%
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State Prison System
• Facilities Profile
– Private correctional facilities operate at less than 90%
of their rated capacity
• Private facilities increased by 154 from 1995 to
2000, but many were only partially full
• The Correctional Corporation of America found that
inmates simply were not being sent to their facilities
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State Prison System
• Program Profile
– 95% of the nations public facilities have work
programs, 75% of the private facilities have work
programs
– Most of these jobs are taking care of the prison
grounds
– 25% of the state facilities have prison industries
– 10% of the private facilities have prison industries
– State prisons pay inmates an average of $.56/hour
– Inmate work between 10 and 44 hours/week
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State Prison System
• Education and Vocational Training
– 80% of the state operated facilities have educational
programs that lead to a GED
– 50% of the state operated facilities have vocational,
technical and pre release job readiness training
– 25% of the state operated facilities have special
education programs for inmates with learning
disabilities
– 25% of the state operated facilities have college
programs
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State Prison System
• Education and Vocational Training
– The justification for these educational programs is that
they lower the recidivism rate
– A Texas study from 1991-92 found that educational
programs may be the most effective in reducing
recidivism when they target inmates who are the most
educationally disadvantaged
– An Oklahoma study found that inmates who had
earned a GED in prison (especially female inmates)
were less likely to reoffend
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State Prison System
• Drug Treatment
– 55% of all state prisoners in 2004 used a controlled
substance in the month before their commitment
offense
– 33% of all state prisoners in 2004 were using illegal
drugs at the time they committed the crime
– 98% of the state operated facilities operate counseling
programs
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