Institutional Corrections

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Institutional Corrections Chapter 10 Institutional Corrections Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Chapter Objectives, 1 After completing this chapter, you should be able to: Summarize the purposes of confinement in Europe before it became a major way of punishing criminals Describe how offenders were punished before the large-scale use of confinement Explain why confinement began to be used as a major way of punishing offenders in Europe Describe the recent trends in the use of incarceration in the United States

Chapter Objectives, 2 List some of the characteristics of the incarcerated population in the United States Describe how incarceration facilities are structured, organized, and administered by the government in the United States Name some of the common types of correctional facilities in the United States Identify some of the procedures that institutions employ to maintain security and order List the services and programs that are commonly available to inmates

Historical Overview of Institutional Corrections It is important to understand the history of corrections in order to escape repeating the mistakes of the past and because institutional corrections is linked to our larger society

European Background, 1 Historically, institutional confinement has existed since ancient times but did not become a major punishment for criminals until the 1600s and 1700s Prior to the 1600s and 1700s, confinement was used to: Detain people before trial Hold prisoners awaiting other sanctions

European Background, 2 Coerce payment of debts and fines Hold and punish slaves Achieve religious indoctrination and spiritual reformation (as during the Inquisition) Quarantine disease (as during the bubonic plague)

Forerunners of Modern Incarceration, 1 Modern incarceration strives to change the offender’s character and is carried out away from public view Early punishments for crime were directed more at the offender’s body and property The goals were to inflict pain, humiliate the offender, and deter onlookers from crime

Forerunners of Modern Incarceration, 2 Two forerunners of modern incarceration were: Banishment: A punishment, originating in ancient times, that required offenders to leave the community and live elsewhere, commonly in the wilderness Transportation: A punishment in which offenders were transported from their home nation to one of that nation’s colonies to work

Forerunners of Modern Incarceration, 3 The closest European forerunners of modern U.S. prisons were known as workhouses or houses of correction Workhouses: European forerunners of the modern U.S. prison, where offenders were sent to learn discipline and regular work habits One of the first workhouses, the London Bridewell, opened in the 1550s Workhouses remained popular across Europe for the next three centuries

Reform Initiatives, 1 During the 1700s and 1800s, three reformers were important to initiatives in corrections Cesare Beccaria John Howard Jeremy Bentham

Reform Initiatives, 2 Beccaria’s book On Crimes and Punishments (1764) argued for a system of detailed written laws describing the behaviors that constitute crime and the associated punishments Beccaria further argued that, to deter crime, the punishment should fit the crime in two senses The severity of punishment should parallel the severity of harm resulting from the crime The punishment should be severe enough to outweigh the pleasure obtainable from the crime

Reform Initiatives, 3 Finally, Beccaria argued that to deter crime, punishment needed to be certain and swift Certainty implies that the likelihood of getting caught and punished is perceived as high Swiftness implies that punishment will not be delayed after commission of the crime

Reform Initiatives, 4 John Howard’s 1777 book, The State of the Prisons in England and Wales, was based on his visits to penal institutions Appalled by the crowding, poor living conditions, and abusive practices, Howard advocated for: Safe, humane, and orderly penal environments Religious teaching, hard work, and solitary confinement as ways to instill discipline and reform inmates

Reform Initiatives, 5 In penology, Jeremy Bentham is remembered for his idea that order and reform could be achieved in a prison through architectural design Penology is the study of prison management and the treatment of offenders Bentham’s ideal prison was called a panopticon Panopticon: A prison design consisting of a round building with tiers of cells lining the inner circumference and facing a central inspection tower

Developments in the United States In colonial America, penal practice was loose, decentralized, and unsystematic, combining private retaliation with fines, banishment, harsh corporal punishments, and capital punishment

The Penitentiary Movement, 1 In 1790, the Walnut Street Jail in Philadelphia was converted from a simple holding facility to a prison and is considered the nation’s first state prison Inmates labored in solitary cells and received large doses of religious training

The Penitentiary Movement, 2 Pennsylvania and New York pioneered the penitentiary movement by developing two competing systems of confinement: The Pennsylvania system The Auburn system

Pennsylvania System An early system of U.S. penology in which inmates were kept in solitary cells so that they could study religious writings, reflect on their misdeeds, and perform handicraft work

Auburn System An early system of penology, originating at Auburn Penitentiary in New York, in which inmates worked and ate together in silence during the day and were placed in solitary cells for the evening

The Penitentiary Movement, 3 Ultimately, the Auburn system prevailed over the Pennsylvania system as the model followed by other states It avoided the harmful psychological effects of total solitary confinement and allowed more inmates to be housed in less space because cells could be smaller In addition, the Auburn system’s congregate work principle was more congruent with the system of factory production emerging in wider society than was the outdated craft principle of the separate system

The Penitentiary Movement, 4 By the end of the Civil War, many were questioning the value of the penitentiary movement as prisons failed to deter crime, reform offenders, or turn great profits from inmate labor Prisons had become increasingly expensive to maintain A new movement sought to improve the method of incarceration

The Reformatory Movement, 1 The reformatory movement was based on principles adopted at the 1870 meeting of the National Prison Association in Cincinnati

The Reformatory Movement, 2 Was designed for younger, less hardened offenders between 16 and 30 years of age Was based on a military model of regimentation that emphasized academic and vocational training in addition to work Introduced a classification system, which was used to rate inmates’ progress toward reformation

The Reformatory Movement, 3 Determinate sentences were replaced with indeterminate sentences Parole or early release was granted for favorable progress in reformation

Institutions for Women Until the reformatory era, there was little effort to establish separate facilities for women Women prisoners were usually confined in segregated areas of male prisons The first women’s prison based on the reformatory model opened in Indiana in 1873 Women’s prisons concentrated on molding inmates to fulfill stereotypical domestic roles

Twentieth-Century Prisons, 1 John Irwin summarized imprisonment in the twentieth century as characterized by three types of institutions: The “big house” institution dominant for the first three decades The “correctional institution” in the 1940s and 1950s The “contemporary violent prison” in the 1960s and 1970s

Twentieth-Century Prisons, 2 The “big house” was a walled prison with large cell blocks that contained stacks of three or more tiers of one- or two-man cells Often, the big house exploited inmate labor through various links to the free market

Twentieth-Century Prisons, 3 The “correctional institution” was smaller and more modern in appearance During this time, a medical model came to be used Medical model: A theory of institutional corrections, popular during the 1940s and 1950s, in which crime was seen as symptomatic of personal illness in need of treatment Inmates were subjected to psychological assessment and diagnosis and received academic and vocational education and therapeutic counseling

Twentieth-Century Prisons, 4 During the 1960s and 1970s, both the effectiveness and the fairness of coerced prison rehabilitation programming began to be challenged The “contemporary violent prison” arose because the treatment- program control mechanisms faded or became illegal

Privatization, 1 The last three and a half decades are likely to be remembered for the largest incarceration boom to date and for desperate attempts to deal with prison crowding The principal alternative to traditional confinement was the movement toward privatization Although the private sector has long been involved in programs such as food services, legal aid, and medical care, modern privatization entails private companies building and even running prisons

Privatization, 2 Proponents of states’ contracting to have the private sector finance construction and operate prisons often point to: Efficiency Flexibility Cost effectiveness

Privatization, 3 Opponents frequently worry about: Liability issues Creating a profit motive for incarcerating people The incentive to trim inmate services and programs to maximize profits

Privatization, 4 Despite the supposed advantages and the many concerns about private prisons, the future of correctional privatization may ultimately depend on the answer to a philosophical question: To what degree should governments cede their correctional responsibilities to the private sector?

Cycles in History The history of institutional corrections has evolved in cycles Developments viewed as innovative almost always contain vestiges of old practices, and old practices seldom disappear when new ones are introduced One example is the chain gang that had disappeared for more than 20 years but returned in Alabama, Arizona, Oklahoma, and Wisconsin

The Incarceration Boom From 1925 until about 1973, the incarceration rate was fairly steady From 1973 until 2008, it had risen every year In 2008, the rate decreased for the first time since the early 1970s It decreased again in 2009, 2010, and 2011

Figure 10.2: Sentenced Prisoners in State and Federal Institutions

Recent Trends: Incarceration Rates Researchers use the incarceration rate in order to compare the raw numbers of inmates to the increase in the general population Incarceration rate: A figure derived by dividing the number of people incarcerated by the population of the area and multiplying the result by 100,000 Used to compare incarceration levels of units with different population sizes

Prison Population (5 Largest) Table 10.1: Jurisdictions with the Largest and Smallest Numbers of Prison Inmates and Incarceration Rates per 100,000 Residents at the End of 2014, 1 Prison Population (5 Largest) Number of Inmates Prison Population Incarceration Rate per 100,000 State Residents Federal 210,567 Louisiana 816 Texas 166,043 Oklahoma 700 California 136,088 Alabama 633 Florida 102,870 Arkansas 599 Georgia 52,949 Mississippi 597

Prison Population (5 Smallest) Table 10.1: Jurisdictions with the Largest and Smallest Numbers of Prison Inmates and Incarceration Rates per 100,000 Residents at the End of 2014, 2 Prison Population (5 Smallest) Number of Inmates Prison Population Incarceration Rate per 100,000 State Residents North Dakota 1,718 Maine 153 Vermont 1,979 Rhode Island 178 2,242 Massachusetts 188 Wyoming 2,383 Minnesota 194 New Hampshire 2,963 214 Source: Calculated from E. Ann Carson, “Prisoners in 2014,” in Bureau of Justice Statistics Bulletin, U.S. Department of Justice (Washington, DC: U.S. Government Printing Office, September 2015, 3, Table 2 and 8, Table 6. Accessed May 18, 2016, ww.bjs.gov/content/pub/pdf/p14.pdf.

Average Daily Population Table 10.2: The 10 Largest Local Jail Jurisdictions with Their Average Daily Populations at Mid-Year 2010, 1 Jurisdiction Average Daily Population Los Angeles County, CA 18,036 New York City, NY 13,049 Harris County, TX 10,242 Cook County, IL 9,586 Philadelphia City, PA 8,804 Maricopa County, AZ 8,055

Average Daily Population Table 10.2: The 10 Largest Local Jail Jurisdictions with Their Average Daily Populations at Mid-Year 2010, 2 Jurisdiction Average Daily Population Dallas County, TX 6,865 Miami-Dade County, FL 5,770 Shelby County, TN 5,766 San Bernardino County, CA 5,755 Source: Adapted from Todd D. Minton, “Jail Inmates at Midyear 2010—Statistical Tables,” in Bureau of Justice Statistics, U.S. Department of Justice, April 2011, 10, Table 9, accessed December 8, 2012, http://bjs.ojp.usdoj.gov/content/pub/pdf/jim10st.pdf.

Recent Trends As of October 2015, the United States has the second highest rate of incarceration in the world According to James Lynch, the United States also has a more serious crime problem than most other nations

Cost Estimates Total spending on state and federal prisons in fiscal year 2012 was approximately $49 billion The average daily cost of incarceration per state inmate in 2012 was $84.10 or $30,696.50 per inmate per year

The Crowding Issue, 1 Crowding has become especially troublesome over the past three decades The staggering increase in prison construction has failed to keep pace with the increase in prison populations The prison population has exploded even as crime rates are stable and in some cases, even declining

The Crowding Issue, 2 Americans have developed a tradition of strong reliance on the prison to control crime It has never done very well Crime prevention programs fail, resulting in an abundant supply of offenders

The Crowding Issue, 3 The response to perceived high crime and high recidivism is to conclude that criminals are not being punished enough and that use of imprisonment should increase The increased prison population takes resources away from effective community corrections and crime prevention programs

Prison Inmate Characteristics, 1 National Inmate Survey, 2011–12 86.5% of prisoners in the United States are in state prisons 13.5% of prisoners are in federal prisons

Prison Inmate Characteristics, 2 The largest proportion of state prisoners have the following characteristics: Male Non-Hispanic Black Have not completed high school Between ages 25 and 45 Unmarried

Prison Inmate Characteristics, 3 Males are disproportionately represented in prison as they make up 93.3% of the prison population but only half of the general population Blacks are disproportionately represented in the prison population as they represent 36% of the state prison population but only 13.2% of the general population

Prison Inmate Characteristics, 4 At year-end 2014, the prison population was characterized as follows: 53.2% were serving sentences for violent offenses 19.3% were serving sentences for property offenses 15.7% were serving sentences for drug offenses Remainder were imprisoned for public order offenses

Prison Inmate Characteristics, 5 The federal prison population has some noticeable differences Higher percentage is white Half as many are 18- to 24-year-old inmates Many are likely to be married and are parents They are more educated 50.1% of them are serving time for drug offenses

Incarceration Facilities The organizational and administrative structure of institutional corrections is diffuse and decentralized Primary administrative responsibility lies with the executive branch of government Legislative branch appropriates resources and passes statutes that affect sentence length The judicial branch sentences offenders and oversees the legality of institutional practices

Organization and Administration by Government, 1 Incarceration facilities exist at all three levels of government, and each jurisdiction operates with much autonomy However, the different levels are interconnected Federal requirements affect the operation of state prisons Local jails are affected by federal and state regulations

Organization and Administration by Government, 2 Federal institutions are administered by the Federal Bureau of Prisons (BOP), which was established within the U.S. Justice Department in 1930 Each state has a department of corrections or a similar administrative body to coordinate the various adult prisons in the state Most adult prisons employ a quasi-military model of administration and management

Classification and Other Special Facilities, 1 Most prisoners are initially sent to a classification facility Classification facility: A facility to which newly sentenced offenders are taken so that their security risks and needs can be assessed and they can be assigned to a permanent institution

Classification and Other Special Facilities, 2 The decision of where to place an offender rests on a variety of factors The offender’s security risk Program services the offender needs, such as counseling Any problems, such as alcohol dependency The nature of the offense The offender’s prior record

Classification and Other Special Facilities, 3 The offender’s propensity toward violence and escape The offender’s vulnerability to victimization by other inmates Programs offered at the state’s institutions Crowding levels

Men’s Prisons, 1 Men’s prisons, the most common general type of prison, are often distinguished by security level The simplest security level categorization is: Maximum Medium Minimum

Men’s Prisons, 2 Maximum-security facilities are characterized by: Very tight internal and external security A high wall or razor-wire fencing Armed-guard towers Electronic detectors External (perimeter) armed patrols

Men’s Prisons, 3 Other maximum-security prison security measures can include: A wide, open buffer zone between the outer wall or fence and the free community Restrictions on inmate movement The capability of closing off areas to contain riots and disruptions

Men’s Prisons, 4 A recent development is the “ultramaximum-” or “supermaximum- security” prison to house notorious offenders and problem inmates from other institutions These institutions utilize: Total isolation of inmates Constant lockdowns

Men’s Prisons, 5 Medium-security institutions place fewer restrictions on inmate movement inside the facility Characteristics often include: Dormitory or barracks-type living quarters No external security wall Barbed wire rather than razor wire Fences and towers that look less forbidding

Men’s Prisons, 6 Minimum-security prisons are smaller and more open They often house inmates who: Have established records of good behavior Are nearing release Characteristics Dormitory or barracks living quarters No fences Some inmates are permitted to leave during the day to work or study Some inmates are granted furloughs

Figure 10.7: Percentage of Adult State Prison Inmate Population by Security Level and Gender, 2012 Jump to long description Jump to long description

Men’s Prisons, 7 Individual inmates are classified by custody level Custody level: The classification assigned to an inmate to indicate the degree of precaution that needs to be taken when working with that inmate Although custody levels are sometimes designated by the same terms used to designate security levels, they are independent of each other

Women’s Prisons, 1 Women make up about 7% of the prison population, but the incarceration rates for women have grown faster than the incarceration rates for men A greater proportion of women than men are serving sentences for property offenses and drug offenses Women are more likely to have dependent children and to be serving their first prison term

Women’s Prisons, 2 Prisons exclusively for women tend to be smaller and house fewer inmates than institutions exclusively for men Dorm and cottage plans are much more common than cell-block plans for women’s prisons

Cocorrectional facilities Cocorrectional facilities have been in operation (in contemporary form) since the 1970s Usually small, minimum security institutions that house both men and women with the goal of normalizing the prison environment by integrating the daytime activities of the sexes Cocorrections benefit male prisoners and system maintenance

Jails and Lockups, 1 Suspects usually stay in a lockup for only 24- to-48 hours A suspect may later be transferred from the lockup to the jail

Jail Functions, 1 In practice, a jail serves a catchall function in criminal justice and corrections Jails also: Receive individuals pending arraignment and hold them awaiting trial, conviction, and sentencing Readmit probation, parole, and bail-bond violators and absconders Temporarily detain juveniles pending transfer to juvenile authorities

Jail Functions, 2 Hold mentally ill persons Hold individuals for the military Hold individuals for protective custody Hold individuals for contempt Hold witnesses for the courts Release convicted inmates to the community upon completion of sentence

Jail Functions, 3 Transfer inmates to other authorities House inmates for federal, state, or other authorities Sometimes operate community-based programs Hold inmates sentenced to short terms

Figure 10.8: Growth in Local Jail Population

Jails and Lockups, 2 Jails represent one of the most problematic aspects of criminal justice Many are: Old Overcrowded Lacking in services and programs

Jails and Lockups, 3 Inadequately staffed Unsanitary and have hazardous living conditions With increasing pressure from courts to reform jail conditions and management practices, efforts at jail reform continue

Jails and Lockups, 4 One strategy has been a new generation jail These feature cells that open into a common area or dayroom Inmates can interact with each other and with the staff Preliminary analyses suggest these facilities may provide a less-stressful environment

Institutional Security, Services, and Programs In many ways, an incarceration facility is like a miniature society, with its own security procedures for maintaining order and preserving the safety of inhabitants, as well as a variety of services and programs

Security and Inmate Discipline, 1 Security procedures strongly affect the daily activities of both staff and inmates Special security procedures are directed toward sensitive locations such as the front entry, control room, dining area, and recreation areas

Security and Inmate Discipline, 2 An inmate’s custody level indicates the degree of precaution to be used when working with that inmate Inmates who are vulnerable to assault by other inmates may be designated for protective custody Inmates who represent a danger to other inmates or staff may be designated for administrative segregation

Security and Inmate Discipline, 3 In order to maintain security, prisons routinely institute policies such as: Distributing written rules to inmates Daily counts of inmates to detect escapes Constantly monitoring inmates’ whereabouts Procedures for transporting inmates Searches of inmates’ clothing, bodies, and cells Monitoring mail and phone conversations

Security and Inmate Discipline, 4 Inmates may visit with relatives and friends only at designated times and only those people the institution has approved Visits are usually in open rooms with other inmates, their visitors, and staff and are closely monitored Conjugal visits: An arrangement whereby inmates are permitted to visit in private with their spouses or significant others to maintain their personal relationship

Security and Inmate Discipline, 5 Written rules and regulations are part of an institution’s formal bureaucratic structure Within that structure, there develops an unwritten, informal structure that is vital to the operation of a facility Snitch system: A system in which staff learn from inmate informants about the presence of contraband, the potential for disruptions, and other threats to security

Security and Inmate Discipline, 6 Disciplinary measures vary widely from institution to institution, and staff typically have broad discretion in dealing with rule violations If staff members decide to file formal disciplinary reports, inmates face a disciplinary hearing and may have privileges restricted, be placed in solitary confinement, or experience other sanctions

Services and Programs, 1 Many of the human services and programs found in the free society are duplicated within prisons Food services Building maintenance and repair (often performed by inmates) Medical and dental services Mail and phone services

Services and Programs, 2 Visitation Commissaries where prisoners can purchase food, tobacco, radios, reading materials, etc. Recreational facilities Legal resources Religious services

Inmates with Special Needs All institutions have special-needs populations, in particular: Elderly inmates who require more medical attention Inmates with mental disorders Inmates with HIV and AIDS

Table 10.8: Prison and Jail Inmates Who Had a Mental Health Problem, by Selected Characteristics, 1 Percentage of Inmates In State Prison Percentage of Inmates In Federal Prison Percentage of Inmates In Local Jail All inmates 56.2% 44.8% 64.2% Gender: Male 55.0% 43.6% 62.8% Gender: Female 73.1 61.2 75.4 Race: Whitea 62.2% 49.6% 71.2% Race: Blackb 54.7 45.9 63.4 Race: Hispanic 46.3 36.8 50.7 Race: Othera,b 61.9 50.3 69.5

Table 10.8: Prison and Jail Inmates Who Had a Mental Health Problem, by Selected Characteristics, 2 Percentage of Inmates In State Prison Percentage of Inmates In Federal Prison Percentage of Inmates In Local Jail Age: 24 or younger 62.6% 57.8% 70.3% Age: 25–34 57.9 48.2 64.8 Age: 35–44 55.9 40.1 62.0 Age: 45–54 51.3 41.6 52.5 55 or older 39.6 36.1 52.4 Notes: aExcludes persons of Hispanic origin. bIncludes American Indians, Alaska Natives, Asians, Native Hawaiians, other Pacifi c Islanders, and inmates who specified more than one race. Source: Adapted from Doris J. James and Lauren E. Glaze, “Mental Health Problems of Prison and Jail Inmates,” in Bureau of Justice Statistics Special Report, U.S. Department of Justice (Washington, DC: U.S. Government Printing Office, September 2006).

Inmate Rehabilitation Programs Inmates hoping to better themselves during their incarceration normally have the opportunity to participate in a number of rehabilitation programs, such as: Self-improvement programs Work programs Education and vocational training Counseling and therapy

Work Programs, 1 In some institutions, all inmates who are physically able are required to work In other institutions, the inmates who work are those who choose to do so

Work Programs, 2 Examples of work performed include: Food services Building maintenance Laundry Health care Clerical services

Work Programs, 3 Manufacturing Agricultural

Educational and Vocational Training Some prison vocational programs operate as part of job assignments, while others are separate from job assignments Either way, the goal is to provide inmates with job skills that will improve their marketability upon release, typically in traditional blue-collar jobs

Counseling and Therapy Counseling and therapy offered in prisons vary widely Sometimes individual counseling (one-on-one with a counselor) and group counseling are both offered Some institutions offer milieu therapy Most prison therapists spend a lot of time on crisis intervention

Milieu Therapy and Crisis Intervention Milieu therapy: A variant of group therapy that encompasses the total living environment so that the environment continually encourages positive behavioral change Crisis intervention: A counselor’s efforts to address some crisis in an inmate’s life (such as suicidal thoughts, rejection by the spouse, mental breakdown, or a conflict between inmates) and to calm the inmate

Programs in Perspective, 1 Rehabilitation programs serve many functions within a prison Help inmates better themselves Give inmates ways to occupy their time Help the institution achieve control over inmates

Programs in Perspective, 2 Rehabilitation programs also have problems that hinder their ability to effect rehabilitation The prison workday is often short and interrupted There is often little concern for the quantity and quality of work Some jobs lack a real counterpart in the free world Educational programs lack funding

Programs in Perspective, 3 Many vocational training programs prepare inmates for blue-collar jobs, which have an abundant competition in the free world Many people don’t want inmates to receive high-tech or professional training because of the less-eligibility principle Less-eligibility principle: The position that prisoners should receive no service or program superior to the services and programs available to free citizens without charge

Programs in Perspective, 4 Rehabilitation programs that reduce offender recidivism are characterized by the quality of the program’s implementation Some people believe counseling programs focus too much on inmates’ pasts and futures when what they really need are coping mechanisms to deal with their present environment

Appendix

Figure 10.7: Percentage of Adult State Prison Inmate Population by Security Level and Gender, 2012 - Appendix, 1 The x-axis represents the security level, and the y-axis represents percentage. From the left, the markings on the x-axis are supermax, maximum, close or high, medium, minimum or low, unclassified, and other. Each of the x-axis markings has two y-axis values: one each for males and females. From the bottom, the markings on the y-axis are 0, 10, 20, 30, 40, 50, and 60. For supermax, the value for males is 0.21 and the value for females is 0.03. For maximum, the value for males is 9.0 and the value for females is 4.2. For close or high, the value for males is 16.6 and the value for females is 7.2. Jump to the image

Figure 10.7: Percentage of Adult State Prison Inmate Population by Security Level and Gender, 2012 - Appendix, 2 For medium, the value for males is 41.1 and the value for females is 35.9. For minimum or low, the value for males is 26.2 and the value for females is 43.0. For unclassified, the value for males is 3.2 and the value for females is 3.9. For other, the value for males is 3.7 and the value for females is 5.8. Jump to the image