Please read Deliberate and Decide at the end of Chapter 10 – p. 276-277 ( a copy has also been provided in the Module)Prison Policy Options? BOOK: ? Peak, K.J., & Giacomazzi, A.L. (2019).Ju

Chapter 10: Corrections Organization and Operation

CORRECTIONAL ORGANIZATIONS: EMPLOYMENT AND EXPENDITURES

•  Employ 785,000 people with payroll cost is $36 billion. •  Another $5.4 billion for benefits, taxes, capital costs,

pensions, and health care for the prison population per year.

•  Each Federal inmate will cost $31,977.65 per year.

DECLINING PRISON POPULATIONS

•  U.S. prisons have 1.5 million adult prisoners-declining since 2010.

•  According to experts, the hard-nosed, punitive crime policies that began in the early 1980s are being eliminated.

•  Marijuana is being increasingly decriminalized. •  Stiff sentences for repeat offenders that were in effect in

a number of states are being eased. •  Six states have abolished the death penalty since 2007. •  Why this philosophical shift?

§  Dwindling public resources. §  Extreme punishment policies of past several decades have

largely failed.

GENERAL MISSION AND FEATURES

•  Correctional organizations utilize two distinct yet related management subsystems to achieve their goals: §  One is concerned primarily with managing correctional

employees. §  The other is concerned primarily with delivering correctional

services to a designated offender population. •  Their mission is to protect the citizens from crime by safely and

securely handling criminal offenders while providing offenders some opportunities for self-improvement and increasing the chance that they will become productive and law-abiding citizens.

PRISONS AS ORGANIZATIONS

Central office: §  The state's central organization that oversees its prison

system and programs, such as security, education, religious services, mental health, and unit management.

OFFICE OF THE DIRECTOR

Prison director: •  The person who sets policy for all wardens and prisons to

follow in terms of management and inmate treatment. Other staff in the office:

§  Director of public or media affairs, legislative liaisons, legal advisers, and internal affairs representatives.

ADMINISTRATIVE DIVISION

•  Contains the budget development/auditing and new prison construction divisions.

CORRECTIONAL PROGRAMS DIVISION

•  Oversees the operation of correctional programs, security, education, religious services, mental health, and unit management.

•  Drug addiction is a primary problem with inmates. •  Medical Care Division is complicated and expensive.

§  HIV/AIDs

HUMAN RESOURCE MANAGEMENT DIVISION

•  Completes the recruitment, hiring, training, evaluation, and retirement functions.

•  Labor relations.

FIGURE 10-2 ORGANIZATIONAL STRUCTURE FOR A MAXIMUM SECURITY PRISON

INDIVIDUAL PRISONS (1 OF 3)

•  Wardens or superintendents are civil service employees who have earned their position through seniority and merit.

•  Reporting to the warden are deputy or associate wardens. §  Each supervises a department within the prison.

•  Custody and treatment are not either/or in correctional organizations; rather, they are complementary. §  Treatment programs cannot flourish if security is weak and

staff and inmates work and live in chronic fear and danger. •  Overriding concern in a prison or jail is security •  Programs are generally supported by staff.

§  Especially education, job skills, and substance abuse.

INDIVIDUAL PRISONS (2 OF 3)

•  The unit management concept originated in the federal prison system in the 1970s.

•  Now is used in nearly every state to control prisons by providing a "small, self contained, inmate living and staff office area that operates semi-autonomously within the larger institution." §  Units are usually composed of 200 to 300 inmates.

INDIVIDUAL PRISONS (3 OF 3)

•  Education departments in prison may provide GED opportunities, vocational training. §  Carpentry, landscaping, food service, and office skills are

common. §  Prison industries may reduce recidivism and prepare them

for reentry into society.

THE CONTROVERSY OF SUPERMAX

•  Supermax prisons: §  Institutions providing the most secure levels of custody in

prisons, with long-term, segregated housing for inmates who represent the highest security risks.

•  Now in more than 40 U.S. states. •  ADX, located in Florence, Colorado, is the only federal

supermax prison in the country; the others are state prisons. •  Given the high degree of isolation and lack of activities, a

major concern voiced by critics of supermax facilities is their social pathology and potential effect on inmates' mental health.

CONSTITUTIONALITY

•  Because of their relatively recent origin, the constitutionality of supermax prisons has been tested in only a few cases.

•  Most of the challenges assess the harms done by extreme social isolation. §  Madrid v. Gomez, in 1995 §  Ruiz v. Johnson, in 1999 §  Jones'El v. Berge, in 2004

•  Given the negative psychological effects of many forms of long-term supermax confinement, researchers such as Haney believe that there is a strong argument for limiting the use of supermax prisons.

CONSTITUTIONAL RIGHTS OF INMATES (1 OF 3)

•  Historically, courts took a “hands-off” policy: §  Judges believed they had neither training nor knowledge

concerning penology, thus allowing wardens the freedom to operate prisons as they saw fit.

§  Beginning in the mid-1960s, a change of philosophy occurred in the courts regarding prisoners' rights, because prison inmates now retain all the rights of free citizens except those restrictions necessary for their orderly confinement and safety.

CONSTITUTIONAL RIGHTS OF INMATES (2 OF 3)

•  Ruffin v. Commonwealth (1871) §  The Virginia Supreme Court held that a prisoner "had… not

only forfeited his liberty, but also all his personal rights…“ •  Turner v. Safley (1987)

§  The Supreme Court began using "compelling state interest," "least restrictive means," and "rational relationship“ standards to determine whether prison regulations and laws violate constitutional rights of inmates.

•  Cooper v. Pate (1964) §  The Supreme Court first recognized the use of Title 42 of the

United States Code Section 1983 as a legal remed for inmates

CONSTITUTIONAL RIGHTS OF INMATES (3 OF 3)

•  Johnson v. Avery (1969) §  Granted inmates the right of access to the courts – without

being punished for it. •  Bounds v. Smith (1977)

§  The Court said prisoners have a constitutional right to adequate law libraries or assistance from persons trained in the law.

•  Cruz v. Beto (1972) §  Granted inmates right to exercise their religious beliefs.

•  Procunier v. Martinez (1974) §  Restricted prison mail censorship regulations .

FOURTH AND EIGHTH AMENDMENT

•  Bell v. Wolfish (1979) §  Concerned the rights of pretrial detainees housed in local

jails; the Court in effect said that jail officials may run their institutions the same way prisons are managed.

•  Estelle v. Gamble (1976) §  The first major prison medical treatment case; the Court said

prisons cannot demonstrate deliberate indifference toward inmates’ medical needs of prisoners, or inflict the unnecessary and wanton infliction of pain.

•  Overton v. Bazzetta (2003) §  Allowed younger siblings and other minors to visit inmates in

Michigan.

FOURTEENTH AMENDMENT

•  Wolff v. McDonnell (1974) §  For the first time, the Supreme Court acknowledged that

inmates are entitled to certain due process rights —"fundamental fairness"—during prison disciplinary proceedings

§  The Court said, "There is no iron curtain drawn between the Constitution and the prisons of this country, a prisoner is not wholly stripped of constitutional protections, and prisoners must be given due process rights“

§  Advance written notice of charges; ability to call witnesses and to present documentary evidence in the inmate's defense; use of counsel substitutes; an impartial prison disciplinary board

CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS

•  Civil Rights of Institutionalized Persons Act (CRIPA) §  A federal law protecting the rights of people in state or

local correctional facilities who are mentally ill, disabled, or handicapped.

§  Juveniles are also covered, to be free from violent residents and abusive staff members and not be excessively isolated or unreasonably restrained.

INMATE LITIGATION

•  Frivolous lawsuit: §  An action filed by a party or attorney who is aware it is

without merit, due to a lack of legal basis or argument for the alleged claim.

§  Very costly.

PRISON LITIGATION REFORM ACT

•  The PLRA (1996) has four main parts: §  Exhaustion of administrative remedies §  Filing fees §  Three-strikes provision §  Physical injury requirement

•  Number of filings have gone down. •  Criticism that it has contributed to over-incarceration an

crowding and legitimate cases will be viewed with skepticism.

JAILS AS ORGANIZATIONS

•  About 3,280 local jails are administered, housing about 721,000 inmates daily and 10.9 million annually.

•  Direct supervision jail: §  Cells are arranged in podular fashion, have an open

dayroom area, COs are close to/interact with inmates. §  Continues to be adopted as a design style and

management philosophy in large and small jurisdictions across the United States.

§  Inmates are separated into relatively small groups (usually 50 or fewer), housed in self-contained living units including several one- to two-person cells, a day room, and recreation space.

COMMUNITY JAILS

•  Jail administrators are concerned with providing treatment services to inmates while in jail.

•  Community jail concept works to continue to provide treatment services to inmates while incarcerated and ensure the services are continued upon release. §  View jail as part of the larger community. §  Transition from Jail to Community initiative.

COLLECTING DNA AT POINT OF ARREST

•  Maryland v. King (2013) §  DNA may be taken from anyone arrested for a crime of

violence. §  Akin to fingerprinting under the 4th Amendment. §  Dissenting minority claim unreasonable search and seizure

because arrestee was not linked to a specific DNA-related crime.

§  All 50 states get DNA swabs from arrestees.

CORRECTIONS ACCREDITATION

•  American Correctional Association (1978): §  Promulgated standards §  Private, nonprofit body §  Over 1,300 facilities and agencies are accredited through

ACA •  Aids in facilities strengths and weaknesses, identifying goals,

updating policies and procedures, establishing operational guidelines, defends against frivolous lawsuits, ensures higher professionalism.

PROBATION AND PAROLE AGENCIES AS ORGANIZATIONS

•  Community corrections originated in the years following World War II, when returning veterans encountered adjustment problems as they attempted to re-enter civilian life.

•  It has also been stated that community corrections is "the last bastion of discretion in the criminal justice system.“

•  Community corrections are typically viewed as a humane, logical, and effective approach for working with and changing criminal offenders.

•  Today there are about 4.65 million adults under community supervision in the United States—3.8 million who are on probation and about 870,500 on parole.

AGENCY ORGANIZATION

•  Adult probation: 64% of agencies are under the executive branch, and 26% are under the judicial branch

•  Adult parole §  (86%) of the state agencies are organized under the

executive branch, and (4%) are under the judicial branch; (8%) are either a combination of these or under a state or county agency; one state has abolished parole.

PROBATION AND PAROLE AGENCY ORGANIZATION

•  Probation and parole officers do not possess peace officer authority in 24 (48%) of the states, while they are authorized such powers in 26 (52%) states.

•  18 states (36%) do not authorize their officers to carry arms, while 19 (38%) do so authorize.

PROBATION SYSTEMS

•  Administration of probation systems has six categories. 1. Juvenile. Probation services for juveniles are administered on

a county, municipal, or state level. 2. Municipal. Probation units are administered by the lower

courts under state laws and guidelines. 3. County. Under laws and guidelines established by the state,

a county operates its own probation agency. 4. State. One agency administers a central probation system,

which provides services throughout the state. 5. State combined. Probation and parole services are

administered on a statewide basis by one agency. 6. Federal. Probation is administered as an arm of the federal

courts.

PAROLE SYSTEMS

•  Parole §  Where an offender is conditionally released from prison to

serve the remaining portion of a criminal sentence in the community.

•  Much less complex than probation because parole services are administered centrally on a statewide basis. §  Independent model and consolidated model.

•  A parole agency can provide three basic services: parole release, parole supervision, and executive clemency.

•  In a number of states that have abolished parole release, parole officers continue to supervise offenders released by the prison on good time (reduction of sentence through good behavior).