Transcript Lock’em up - FM Faculty Web Pages

Penology
CJ 207
Chapter Five
Jails and Detention Facilities
Objectives
• Provide a short history of jails
• Understand the difference between jails
and other types of detention facilities
• Information on the problems female
inmates face in jails
• Explain the differences in jail
architectural designs
Objectives
• Provide information on the types of
people who work in jails and the
functions they perform
• Introduce the major issues with which
jails most cope
• Explain the “New Generation” jail
concept
Introduction
• History
– Jails were apart of our earliest
settlement, Jamestown in the1600s
– Later, many villages had what they
called “Common Jails”
• Built and financed by local taxes
• Males, females, adults, children,
criminals and undesirables
Introduction
• History
– Early Colonial jails existed primarily
to hold prisoners until they could be
tried or executed, not as punishment
– In the mid 1800s jails house three
types of inmates
• Those awaiting trial
• Those convicted, but awaiting
sentencing
• Those sentenced to serve jail time
Jail and Detention Facilities
• What is a Jail?
– The U.S. Dept of Justice says a jail is:
• Locally administered
• Hold prisoners beyond arraignment
• Are staffed by municipal or county
employees
Jail and Detention Facilities
• What is a Jail?
– The text says a jail is:
• A facility, typically under the
control of a city or county
government, that houses a diverse
population of pretrial detainees,
convicted misdemeanants serving
short sentences and convicted felons
awaiting transportation to prison
Jail and Detention Facilities
• What is a Jail?
– How do jails differ from prisons?
• Jails house various populations:
– Male/female, young/old,
misdemeanants/felons
– Half to 2/3rds of the jail
population are pretrial detainees
– Convicted felons/parole violators
• Prisons house convicted felons of a
single gender
Jail and Detention Facilities
• What is a Jail?
– Jail Populations
• About 70% have used drugs/alcohol
– 33% were drinking when the
committed their crime
– 30% were using drugs when they
committed their crime
• Some have mental illnesses or
communicable diseases awaiting
beds in treatment facilities to open
up
Jail and Detention Facilities
• What is a Jail?
– Jail Populations
• 15% were homeless
• 64% had mental health problems
• 33% had physical problems
• 37% had medical problems
• The rate of those inmates with HIV
was 10 time higher than that of the
general public
– Irwin calls this “Rabble Management”
Jail and Detention Facilities
• What is a Jail?
– Jail Locations
• Jails are traditionally located in the
central business district, near the
criminal courts buildings
• Prisons are situated in relatively
remote areas
Jail and Detention Facilities
• What is a Jail?
– Jail Administration
• 70% of the jails are operated by
elected sheriffs who have law
enforcement backgrounds
– Jail management is incidental to
the office (arrestees have to be
confined)
– Leads to poor administration
• Prisons are run by State
Correctional Departments
Jail and Detention Facilities
• How Many Jails?
– In 2000, there were:
• 1,320 state prisons
• 84 federal prisons
– In 1999, there were:
• 3,365 jails
• But the number of jails is declining
– Consolidation with others in the
region
Jail and Detention Facilities
• How Many Inmates?
– In 2005, 819,434 people were under
some form of jail supervision
• 747,529 were actual inmates
• The average jail inmate pop. 222
– 63% had a rated capacity of 99
• Jails are being used more and more
• About 22 million people are
admitted and released from the
nation’s jails each year
Jails and Women
• The number of women incarcerated in
jails has been on the rise
– In 1995, the number of women inmates
was 51,300 or 10.2% of the inmate
population
– In 2005, the number of women inmates
was 93,963 or 12.7% of the inmate
population
Jails and Women
• The number of women with HIV in jails
– Female inmates (2.3%) were nearly
twice as likely to test positive for HIV
than male inmates (1.2%)
• Black females tested at 3%
– Most female inmates are held in mixed
population jails
• Out of 3,365 jails in the nation there
were only 13 exclusively female
jails
Jail Functions
• Klofas “Jail Use Typology”
– “Holding Jails” booked people at a low
rate, but detained them for some time
– “Processing Jails” book people at a
high rate, but hold them for a relatively
short time
– “Low Use Jails” book and hold people
at very low rates
– “High Use Jails” book and hold people
at high rates
• Read page 126 for examples
The Design of Jails
• The most traditional jail design is a
“Linear Design”
– Cells opening onto long straight
hallways
– Custody personnel work outside cells
and make periodic rounds
– This pattern of inmate management is
called “Intermittent Supervision”
The Design of Jails
• “Second Generation” jails
– Use closed circuit television cameras
to increase the surveillance of inmates
which allows for “Remote
Supervision”
– The layout is still linear
– Low staff to inmate ratios
The Design of Jails
• “New Generation” jails
– “Podular Design” houses inmate in
Pods
• Triangular structures
– The perimeter is lined with
sleeping quarters
– The middle is a day room or
program area
• Inmates feel safer as they may
retreat to their rooms and shut their
door
The Design of Jails
• “New Generation” jails
– Inmates are under “Direct Supervision”
24 hours/day
• Eliminates barriers between staff
and inmates
• More interaction and control over
inmates
• Requires more interpersonal skills
• Requires a “Participative
Management” style
The Design of Jails
• Are “New Generation” jails the answer?
– Jails can be built to commercial
standards, less money
– Research shows inmates feel safer and
in fact are safer
– Job satisfaction among staff members
increased and remained relatively high
• More training in communication
• Hire better qualified employees
• Pay them more
Jail Administration
• Administrative Patterns
– 70% are run by elected county sheriffs
– Some are run by an appointed county
department head
– Some are run by the chief of police
– Some are part local correctional
department
• These are large municipal areas or
combined police/sheriffs
departments
Jail Employees
• Number of Employees
– Most jails are understaffed
• 1employee for every 2.9 inmates
• But when we look at those officers
assigned to detention the ratio drops
to 1 employee for every 4.3 inmates
• This means that inmates are
unsupervised for long periods
– Lead to inmate assaults and
suicides
Jail Employees
• Employee Assignments and Quality
– Most are deputies assigned to the jail
• New hires waiting to be sent to the
police academy
• New deputies waiting to be assigned
to the road
• Deputies who have requested the
jail assignment (older deputies)
• Deputies on light duty
• Deputies who are being disciplined
Jail Employees
• Employee Assignments and Quality
– Because of this many employees are in
their position for some other reason
than personal choice
– Some administrators have created
separate, irrevocable, career tracks
Jail Employees
• Employee Assignments and Quality
– One for law enforcement
• These officers carry weapons
• Receive more training hours
– One for corrections
• Trained in working with mentally
ill, suicidal, diffusing conflict and
anger management
• Less pay sends message to troops
Major Jail Issues
• Local Politics
– Jails must compete in budget
negotiations with schools, roads, health
care, solid waste disposal and parks
and recreation
– All of the above programs are far more
popular with voters than jails
Major Jail Issues
• Location Issues
– Jails may need to expand, but their
present location (near the courts) often
makes this difficult
• Cost of land
• Expanding buildings that are 50
years old
– Remote locations are feasible with
video arraignments
– But must deal with NIMBY
Major Jail Issues
• Makeshift Structures
– Jails must also deal with populations
that swell on the weekends
• DWI charges
• Judges aren’t available on the
weekends for bail hearings
• Imposition of weekend sentences
Major Jail Issues
• Makeshift Structures
– The answer may be “Satellite Jails”,
which handle the overflow from the
main jail (schools, warehouses, barges)
– These “Jail Annexes” are often used to
house work release inmates and other
prisoners who need less security than
the jail’s general population
Major Jail Issues
• Makeshift Structures
– Critics of these “Satellite Jails” again
cite that this increases out ability to
punish
• If you build it, they will come
– It doesn’t solve the problem of
overcrowding, just the symptoms
Major Jail Issues
• Privatization
– “Privatization” is having correctional
facilities or specific functions within
those facilities constructed or operated
by private contractors
– “Privatization” is a contract process
that shifts public functions,
responsibilities and capital assets, in
whole or in part, from the public sector
to the private sector
Major Jail Issues
• Privatization
– Advantages of “Privatization:”
• Helps the county finance the
renovation or construction of a jail
when the taxpayers have refused to
approve a capital bond issue
• May off the county a “turnkey”
option in a lease-purchase plan
• Private sector organizations are able
to buy land and build jails more
quickly and for less money
Major Jail Issues
• Privatization
– Advantages of “Privatization:”
• Private contractors can provide
certain goods and services at the
least possible cost
– Not tied to governmental
contracts
» Quicker
» Costs less
Major Jail Issues
• Privatization
– Advantages of “Privatization:”
• New construction allows for state of
the art technology and conforms to
ACA standards
– Fewer lawsuits
– But the government isn’t exempt
from the lawsuits
Major Jail Issues
• Privatization
– Counties may also contract with
private vendors for specific services
• Food services
• Medical care
• Counseling
• Education
• Job training
Major Jail Issues
• Privatization
– Disadvantages of “Privatization:”
• Jail and prison operations are
inherently a government function
• Governments are charged $$$ per
inmate per day
– Incentives to make a profit
require beds to be full and spend
less on inmates
Major Jail Issues
• Jail Standards
– The development of jail standards has
been going on for almost three decades
– American Correctional Association
• Training and staff development
• Building and safety codes
• Security and control
• Safety and emergency procedures
• Inmate rights
• Food service…
Major Jail Issues
• Jail Standards
– By 1983, 25 states had enacted
mandatory standards
• 6 states had voluntary standards
• 6 states had standards for their
prison and jail system
• 13 states had not yet adopted any
standards
Major Jail Issues
• Jail Standards
– Those states with standards included:
• Regular inspections
• Enforcement mechanisms
• Medical care for inmates
• Screen inmates for physical and
emotional problems/alcohol abuse
• Inmates were confined to their cells
fewer hours per day
• Results in fewer inmate deaths
Major Jail Issues
• Jail Standards
– With the growing number of law suits
we will most likely see more states
adopt standards, more inspections and
more enforcement
– Jail standards do not keep a jail from
being sued, but having standards and
adhering to them can greatly reduce
both the mishandling of inmate and the
rates at which lawsuits are brought and
won
Major Jail Issues
• Removing Juveniles from Adult Jails
– One of the major provisions of the
Juvenile Justice and Delinquency
Prevention Act (1974) was the removal
of juvenile detainees from adult jails
– However, this has not yet happened as
the number of juveniles in adult jails is
still high
• In 2005, 6,759 juveniles were
detained in U.S. jails
• Review Table 5.2, page 135
Major Jail Issues
• Removing Juveniles from Adult Jails
– Reasons for juvenile in adult jails
• In many rural areas there is no
juvenile detention facility
• If juveniles are housed in adult jails
they are housed in remote separate
areas (assault and suicide)
• Build separate facilities
– Shared or regional jails
Major Jail Issues
• Removing Juveniles from Adult Jails
– Reasons for juvenile in adult jails
• Increase in the number of juveniles
committing crimes
– Targeting juvenile in “Get Tough
on Crime” programs
– Larger numbers of juveniles are
being tried as adults
– Housed in adult jails until case
are heard
Major Jail Issues
• Inmate Programming
– Inmate have many problems
• Physical
• Emotional
• Socioeconomic (employment)
Major Jail Issues
• Inmate Programming
– Jails are limited in their ability to deal
with these problems
• The inmate population is only there
for a limited time period
• There is also a limited amount of
space available for programs
• There is also a limited amount of
money to provide programs
Major Jail Issues
• Medical Treatment and Programs
– Infectious diseases like tuberculosis,
hepatitis and sexually transmitted
diseases pose threats to jail inmates
and correctional officers
– Inmates are also particularly
susceptible to AIDS because many of
them have histories of intravenous
drug use and may engage in needle
sharing and other risky activities
Major Jail Issues
• Medical Treatment and Programs
– In 1999, 1.7% of the inmate population
was HIV positive
• This number was slightly lower in
2002 (1.3%)
• The largest jails had the highest
infection rates
• Highest rates were for Black
women, Hispanics, inmates over 35
years of age and widowed or
divorced inmates
Major Jail Issues
• Medical Treatment and Programs
– These HIV positive inmates pose a
problem for corrections
• Officer are anxious working around
them
• Other inmate may panic if they learn
they are house with HIV inmates
• Legal repercussions for administrators who segregate HIV inmates
• Jails assume medical responsibility
Major Jail Issues
• Counseling Programs
– Half to two-thirds of inmates are drug
and alcohol abusers
• May be suffering from withdrawal
– Some are malnourished
– 1 of 10 inmates reported an emotional
or mental condition
• These inmates tend to get into
fights, break the rules…
– Most need medical treatment
Major Jail Issues
• Counseling Programs
– What to do with these inmates?
• Provide detoxification facilities and
treatment programs (AA)
• Mental health issues
– 40% of inmates receive some
form of mental health services
– 34% were given medication
– 10% were admitted to hospitals
– 60% received treatment
Major Jail Issues
• Rehabilitative Services
– Religious services
– Recreation
– Anger management and coping skills
– Instructions on parenting
– The above:
• Teach skills useful when released
• Make constructive use of inmates’
time in jail
Major Jail Issues
• Education and Vocational Training
– Many inmates are unemployed at the
time of their arrest
• They lack an education and
marketable skills
• Their criminal histories also limit
their employability
• They are unable to post bail or hire
an attorney
Other Local Detention Facilities
• Minimum Security Facilities
– Virtually all jails are built to maximum
security specifications
• Inefficient because maximum
security space is the most expensive
to build
• Bed space is at a premium
• Most jail inmates do not require
maximum security confinement
– Many new jails are being constructed
to minimum security standards
Other Local Detention Facilities
• Police Lockups
– There may be as many as 15,000 police
lockups in the U.S.
– What makes them unique?
• Most are located in police stations
• They temporarily detain suspect
until they can be interrogated or
process and transferred the county
• They are dangerous places (not
monitored, assaults and suicides)
Other Local Detention Facilities
• County Workhouses and Penal Farms
– These are separate facilities for
inmates servicing longer than 90 day
sentences
• They are low security
• They are in remote locations
• Inmates may perform government
work functions (washing cars,
repairing roadways…)
• May offer programs not found in
jail setting
Other Local Detention Facilities
• State Run Jails
– Texas has 271 jails
• Constant overcrowding at the state
level led to a back up at the county
level
• The state created “State Jail
Felonies” which required the
inmates serve their time in State
Jails
• Texas is building 13 regional
facilities
Trends in Contemporary Jails
• Alternative to Incarceration
– We can build our way out of the
overcrowding problem
• House arrest and electronic
confinement
• Questions of what type of inmates
should be sentenced to incarceration
and what type of inmates qualify for
house arrest and electronic
confinement?
Trends in Contemporary Jails
• New Generation Jails and Beyond
– Jail design and construction will be
based on five elements
• Lower operating costs
– Elimination of staff posts
• Lower construction costs
– Minimum security
Trends in Contemporary Jails
• New Generation Jails and Beyond
– Jail design and construction will be
based on five elements
• Speed of construction
– Prefabricated units
• Flexibility of space
– May not work
– Security wins out over flexibility
• Expandability
– Planning for space and additions
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