Chapter 6 Jails: Way Stations Along the Justice Highway

Learning Objectives Understand and critique bail release options Understand how jail populations are different from prison populations List the purposes of jails Trace briefly the development of jails in history

Learning Objectives (continued 1) Explain how first-, second-, and third- generation jails differ in design and method of inmate management Outline the characteristics of jail inmates and facilities Outline the arguments for and against privatization

Learning Objectives (continued 2) Describe how jail vocational and educational programs affect inmate reentry Discuss why jail standards, inspection, and accreditation are important

Learning Objectives (continued 3) Discuss what is known about using evidence-based practices to treat substance abuse in jail Explain California’s realignment act

Bail and Pretrial Release Release options that require money Cash bond Deposit bond Property bond Bail bond Release options that do not involve money Release on recognizance Conditional release Release to pretrial services Unsecured bond

Concerns over Money for Bail People held in jail pretrial get more restrictive sentencing outcomes Funds of an offender’s family and friends may get depleted to pay for the bail

Effective Alternatives to Monetary Bail Evidence-based risk assessment Increased use of citations Release on recognizance Implementing a deposit bond with the court

Jails Locally operated correctional facilities that confine people before or after conviction Total admission: Total number of people admitted to jail each year Average daily population (ADP): Sum of the number of inmates in a jail or prison each day for a year, divided by the total number of days in the year

Exhibit 6.2 - American Jail Association

Purpose of Jails Receive persons awaiting court action on their current charge Readmit probation and parole violators and bail-bond absconders Detain juveniles until custody is transferred to juvenile authorities Hold mentally ill people until they are moved to appropriate health facilities Hold individuals for the military Provide protective custody Confine persons found in contempt

Purpose of Jails (continued) Hold witnesses for the courts Hold inmates about to be released after completing a prison sentence Transfer inmates to federal, state, or other authorities House inmates for federal, state, or other authorities because of overcrowding Operate community-based programs as alternatives to incarceration Hold inmates sentenced to short terms of incarceration Hold persons for U.S. Immigration and Customs Enforcement

Jails in History Walnut Street Jail in Philadelphia First jail in the U.S. Housed offenders without regard to sex, age, or offense By the end of 19th century, most cities in the U.S. had jails

First-Generation Jails Jails with multiple-occupancy cells or dormitories that line corridors arranged like spokes Inmate supervision is intermittent Staff must patrol the corridors to observe inmates in their cells

Second-Generation Jails Staff remain in a secure control booth surrounded by pods Pods - Inmate housed areas Surveillance is remote Verbal interaction between staff and inmates is less frequent than in first- generation jails Property destruction is minimized Response time in case of problems is low

Third-Generation Jails Also called direct-supervision jails Inmates are housed in small groups Staffed 24 hours a day by trained officers Officers interact with inmates to help change behavior Inmate management style is direct supervision Bars and metal doors are absent

Exhibit 6.5 - Nine Principles of Direct Supervision

Jail Inmates Majority of the inmates are white or black Population in jails has declined Percentage of pretrial detainees is high Number of women in jail has increased Majority are: Poor, high school dropouts, and have low-wage jobs Young, unmarried with one to three children, and belong to a racial minority

Factors Influencing Women Offenders’ Behavior Pathways perspective Determines the reasons for why women enter the criminal justice system Relational theory and female development Describes different ways men and women develop Women are drawn into criminal activity because of their relationships with others

Factors Influencing Women Offenders’ Behavior (continued) Trauma theory Violence and abuse encountered in the past affect current behavior Addiction theory Combines substance abuse treatment programs with additional pathway factors

Ethnicity and Jail Populations Overrepresentation of minorities in jail is due to the: Tendency to impose higher bail or deny bail if the defendant is a racial minority Impact of the war on drugs and on law enforcement strategies of racial profiling

Mental Illness and Jail Populations Incarceration has become the default mental health treatment provider Majority of inmates have mental illness and are not often fit for retribution or punishment Jails are ill-equipped to meet the special needs of persons with mental illness

Suicide, Homicide, and Jail Populations Suicide is the leading cause of inmate deaths Majority of homicide victims are males between ages 18 and 54 Drug offenders have the lowest homicide victimization rate

Sexual Victimization All types of sexual activity and abusive sexual contact Considered illegal regardless of whether it was committed willingly or unwillingly Prison Rape Elimination Act states that sexual assaults can be reduced by: Changing attitudes toward vulnerable populations Providing staff training and improving policies

Juvenile Justice and Delinquency Prevention Act of 1974 Status offenders may not be held in secure confinement Juveniles may generally not be held in facilities in which adults are confined If juveniles are temporarily detained in adult facilities, they must have no contact with the adult inmates States must work to reduce the number of minors who come into contact with the juvenile justice system

Jail Facilities Rated capacity: Maximum number of beds allocated to each jail facility by a state or local rating official Public versus private - 37 jails are privately operating under contract to local governments Size, location, and budget Large facilities are located in major metropolitan and urban areas

Jail Facilities (continued) Budgets are highest in New York and lowest in North Dakota Average annual cost to incarcerate an inmate is $30,000 One third of housing jails charge inmates housing fees and medical co-pay fees

Pay-to-Stay Jail Alternative to serving time in a county jail Offenders convicted of minor offenses are offered privileges for a fee from $85 to $225 per day Also referred to as self-pay jails Benefits - Generates cash for the community and so taxpayers pay less Criticism - Creates inherent injustices

Privatization Contract process that shifts public functions, responsibilities, and capital assets from the public sector to the private sector Methods Private management Private sector development Private services provision

Jail Reentry Transition offenders make from prison or jail to the community Approaches Use of administrative records to target scarce resources to frequent service users APIC model Strengths-based approaches to jail reentry programming and family-based service models

Educational, Vocational, and Inmate Work Programs Inmates who earn GEDs while in prison are less likely to return to crime Boost self-esteem and encourage legitimate occupations upon release Thus, it costs less to educate offenders and teach them job skills than to do nothing at all

Jail Standards, Inspection, and Accreditation Jails are not very open to inspection Process by which correctional facilities and agencies can: Measure themselves against nationally adopted standards Receive formal recognition and accredited status

Reasons to have ACA Accreditation To protect health and safety of staff and inmates To defend jails against lawsuits over conditions of incarceration To self-evaluate To gain professional recognition and status To gain greater appreciation by the community To gain a sense of pride in the achievement and hard work that went into it To establish minimum practices that make certification easier

Evidence-Based Practices Based on recommendations from the National Institute of Drug Abuse Used in more than half of all jails, but have still not been rigorously evaluated Include: Comprehensive treatment methods Engagement with community agencies Use of positive incentives Substance abuse assessment tools

Prisoners Confined in Jail and California’s Realignment 2011 Public Safety Realignment - Shifted responsibility for adult offenders from the state to the counties Shift of lower-level offenders Shift of parole violators