Chapter Fourteen Institutional Programs Faulkner University Criminal Justice Program Instructor: bill filmore http://filmore.net/faulknerclass/index.html

Learning Objectives Describe how correctional programs help address the challenge of managing time in the correctional setting. Describe the ways that security acts as a constraint on correctional programs offered in institutional settings. Know the meaning of the “principle of least eligibility” and illustrate its importance. Understand the importance of the classification process and how “objective classification” works

Learning Objectives Describe the major kinds of institutional programs that are offered in correctional institutions. Analyze recent developments in the field of correctional rehabilitation. Describe the main types of correctional industries and define how each works. Understand the current pressures facing correctional programming policies.

Learning Objective 1 Learning objective 1: Describe how correctional programs help address the challenge of managing time in the correctional setting.

Managing Time Mitigate the oppressiveness of time Provide opportunities for prisoners to improve their lives Keep prison time from becoming dead time More programs offered, the less likely inmates’ boredom will translate into hostility toward the staff

Managing Time Prison program: Any formal, structured activity that takes prisoners out of their cells and sets them to instrumental tasks. 5 types: Rehabilitative Medical service Industrial Daily facility maintenance Recreational

Learning Objective 2 Learning objective 2: Describe the ways that security acts as a constraint on correctional programs offered in institutional settings.

Constraints of Security Whenever a program requires sharp tools, heavy security prevails. Security requires tool counts, searches, and detailed accounting of materials. Security requirements make maintenance and industrial programs inefficient.

Learning Objective 3 Learning objective 3: Know the meaning of the “principle of least eligibility” and illustrate its importance.

Least Eligibility The doctrine that prisoners ought to receive no goods or services in excess of those available to people who have lived within the law. General public often quite hostile to create programming. Public does not want to reward criminal activity. Prison programs frequently represent weak versions of free-society program.

Learning Objective 4 Learning objective 4: Understand the importance of the classification process and how “objective classification” works.

Classification Process by which prisoners are assigned to types of custody and treatment. Sentenced felon introduced to the new status of prison Depersonalize the inductee Serves as management tool to ensure inmates are assigned to units appropriate to their custody level: Separated from those who might victimize them Grouped with members of their work assignment

Classification Objective classification: Predictive model: Designed to distinguish inmates with respect to risk of escape, potential misconduct, and future criminal behavior. Statistical techniques Equity-based model: Use only a few explicitly defined legal variables reflecting current and previous criminal characteristics, not used: Race Employment Education

Learning Objective 5 Learning objective 5: Describe the major kinds of institutional programs that are offered in correctional institutions.

Institutional Programs Rehabilitative programs: Aim at reforming the offender’s behavior Programs vary: Psychological Behavioral Social Educational Vocational Substance abuse Sex offender Religious programs

Institutional Programs Prison industry: Way to manage the restlessness and idleness of prison time Viewed as part of the reformative process Prison maintenance programs: Typical prison must provide every major service available in a community: Fire department Electrical and plumbing Janitorial maintenance Mail delivery Restaurant Drug store

Institutional Programs Maintenance programs cont.: Constitute an elaborate pecking order of assignments Choice jobs involve access to power Essential to managing the prison: Lower the cost of operations by eliminating the need to hire outside labor. Job hierarchy provides rewards and punishments to enforce discipline.

Institutional Programs Recreational: Two primary functions: Integral to prison social life Can be rehabilitative in several ways: Teach social skills as cooperation and teamwork Provide a means for prisoners to grow in experience and enhance their self-image Serve as a productive counterpoint to the general alienation of prison

Learning Objective 6 Learning objective 6: Analyze recent developments in the field of correctional rehabilitation.

Correctional Rehabilitation Martinson’s 1974 study indicating prison rehabilitation ineffective. New vision: Prison a place that should provide safe and secure custody while punishing offenders. Criminogenic needs: Needs than, when successfully addressed by treatment programs, result in lower rates of recidivism.

Correctional Rehabilitation Six conditions identified by researchers under which treatment will be effective: Directed toward high-risk clients. Responds to offenders’ problems that caused the criminal behavior Take into account offenders’ psychological maturity Providers are allowed professional discretion on how to manage offenders’ progress in treatment Are fully implemented as intended Offenders receive follow-up support after completing the treatment programs

Correctional Rehabilitation Cost-benefit ratio: A summary measure of the value of a correctional program in saving money through preventing new crime.

Learning Objective 7 Learning objective 7: Describe the main types of correctional industries and define how each works.

Correctional Industry The contract labor, piece price, and lease systems: A contractor provided raw materials and agreed to purchase goods made by prison inmates at a set price. The public account system: A prison bought machinery and raw materials with which inmates manufactured a salable product.

Correctional Industry The state use system: A labor system under which goods produced by prison industries are purchased by state institutions and agencies exclusively and never enter the free market. The public works and ways system: A labor system under which prison inmates work on public construction and maintenance projects.

Learning Objective 8 Learning objective 8: Understand the current pressures facing correctional programming policies.

Current Pressures Most rehabilitative programs have serious shortcomings and limited effectiveness. Large number of inmates are not considered to need educational, vocational training, or drug/alcohol rehabilitation. Services provided in prison settings are substantially less effective than same programs in community.

Chapter Fifteen Release from Incarceration

Learning Objectives Discuss parole and explain how it operates today. Be familiar with the origins and evolution of parole in the United States. Discuss the different mechanisms that are used to release offenders from correctional facilities. Explain how releasing authorities are organized. Be familiar with the steps that are taken to ease the offender’s reentry into the community.

Learning Objective 1 Learning objective 1: Discuss parole and explain how it operates today.

Parole The conditional release of an inmate from incarceration, under supervision, after part of the prison sentence has been served. Three concepts: Grace or privilege Contract of consent Custody Only felons released on parole Only state and federal governments effect parole

Learning Objective 2 Learning objective 2: Be familiar with the origins and evolution of parole in the United States.

Origin and Evolution Parole in U.S. evolved during 19th century Capt. Alexander Maconochie: British colony administrator Developed classification system by which prisoners could pass through: Strict imprisonment Labor on chain gangs Freedom within an area A ticket-of-leave or parole with conditional pardon Full liberty

New York, indeterminate sentencing law, 1876: Origin and Evolution 1870, National Prison Association incorporated principles into the Declaration of Principles New York, indeterminate sentencing law, 1876: Zebulon Brockway Superintendent of Elmira Reformatory Began to release prisoners on parole

1920 – 20 states had parole systems Origin and Evolution 1920 – 20 states had parole systems 1925 – 46 states 1942 – 48 states During 1970’s parole criticized on several grounds: Release was tied to treatment success Parole boards abusing their discretion Inmates being held in suspended animation

Learning Objective 3 Learning objective 3: Discuss the different mechanisms that are used to release offenders from correctional facilities.

Discretionary release Mandatory release Probation release Release Mechanisms Discretionary release Mandatory release Probation release Other conditional release Expiration release

Discretionary Release The release of an inmate from prison to conditional supervision at the discretion of the parole board within the boundaries set by the sentence and the penal law. Allows the parole board to assess prisoner’s readiness for release Focuses on: Nature of offense Inmate’s behavior Inmate’s participation in rehabilitative behavior

Mandatory Release The required release on an inmate from incarceration to community supervision on the expiration of a certain period, as stipulated by a determinate-sentencing law or parole guidelines. Matter of bookkeeping Good time Released conditionally

Probation Release The release of an inmate from incarceration to probation supervision, as required by the sentencing judge. Often tied to shock incarceration Since 2000, use increased from 6 to 10%

Other Conditional Release A probationary sentence used in some states to get around the rigidity of mandatory release by placing convicts in various community settings under supervision. Furlough Home supervision Halfway houses Emergency release

Expiration Release The release of an inmate from incarceration without any further correctional supervision; the inmate cannot be returned to prison for any remaining portion of the sentence for the current offense. 19% of prison releases

Learning objective 4: Explain how releasing authorities are organized.

Organization Consolidated versus autonomous: Field services: Inside or outside the department of corrections Field services: Argued that institutional staff and the parole board must be coordinated Full time versus part time: Full time: Criminal justice professionals Part time: Thought to represent the community better

Appointment: Appointed by governor or correctional authority Organization Appointment: Appointed by governor or correctional authority

Learning Objective 5 Learning objective 5: Be familiar with the steps that are taken to ease the offender’s reentry into the community.

Release 2008, Second Chance Act Reintegration model: Gradually lowering level of custody Prerelease counseling Training programs Transfer to housing unit, family readjustment training Participating in most cases voluntary

Chapter Sixteen Making it: Supervision in the Community

Learning Objectives Know the major characteristics of the postrelease function of the corrections system. Define community supervision and revocation of community supervision. Understand how community supervision is structured. Describe residential programs and how they help parolees.

Identify the major problems parolees confront. Learning Objectives Identify the major problems parolees confront. Understand why some parolees are viewed as dangerous and how society handles this problem. Describe the effectiveness of postrelease supervision.

Learning Objective 1 Learning objective 1: Know the major characteristics of the postrelease function of the corrections system.

Postrelease Function Conditions of release: Restrictions on conduct that parolees must obey as a legally binding requirement of being released. Parole boards only release about 1/4 of inmates (65% in 1976) 80% of those released now under parole supervision (60% in 1960) No truly “clean” start is possible

Learning Objective 2 Learning objective 2: Define community supervision and revocation of community supervision.

Community Supervision Restrictions on parolees: Personal and material problems are staggering Most are unskilled or semiskilled Nearly 1/4 paroles fail within 6 months

Revocation Revoked for 2 reasons: Committing new crime Violating conditions of parole (technical violation): Usually involve noncriminal conduct (fail to change address) Most occur when parolee is arrested on a serious charge or cannot be located Parole is a privilege

Technical Violation Two-stage revocation proceeding: Parole board determines whether there is probable cause that a violation has occurred: Right to be notified of charges Be informed of witnesses Be heard Present witnesses Confront parole board witnesses (safety)

Two-stage revocation proceeding cont.: Technical Violation Two-stage revocation proceeding cont.: Parole board decides if the violation is severe enough to warrant return to prison. Parole agency has several options: Return parolee to prison Note violation but strengthen supervision Not violation but take no action Highest rate of failure in first year

Learning Objective 3 Learning objective 3: Understand how community supervision is structured.

Structure Three forces: Parole officer Parole bureaucracy Experiences of offender Complex web of attitudes, situations, policies, and random events determines outcome of supervision process.

Agents of Community Supervision Cop and social worker Two hidden conditions: Officer have certain expectations about how clients will behave and how to treat them: Parental approach Welfare approach Punitive officers Passive agents Supervision plan

Constraints on officers’ authority: Bureaucracy Workload: Active v. reduced surveillance Parole officers spend as much as 80% of their time at nonsupervisory work Philosophy and policy Constraints on officers’ authority: Go along with the system

Affects offender’s postrelease experience in several ways: Bureaucracy Affects offender’s postrelease experience in several ways: Provides rules and policies managing workloads that would otherwise be unbearable. Structures the activities of parole officers according to traditional philosophical orientations. Provides a context of unwritten and informal norms that define appropriate and inappropriate officer conduct.

Learning Objective 4 Learning objective 4: Describe residential programs and how they help parolees.

Residential Programs Community correctional centers: A small-group living facility for offenders, especially those who have been recently released from prison: Usually provide counseling and drug treatment Impose strict curfews Residents can gradually earn a reduction in restrictions Idea is to provide treatment while promoting step-by-step adjustment to community relief

Residential Programs Work release center: A facility that allows offenders to work in the community during the day while residing in the center during nonworking hours. Two types: Prisoners work during day and return at night Offenders work and live at home during week, return to center on weekends

Learning objective 5: Identify the major problems parolees confront.

Postrelease Life Strangeness of reentry Supervision and Surveillance Unmet personal needs Barriers to success: Civil disabilities: Right to vote Public assistance and food stamps Public housing Driver’s licenses Adoptions and foster care Student loans

Postrelease Life Barriers to success: Employment: Expungement: A legal process that results in the removal of a conviction from official records. Pardon: An action of the executive branch of the state or federal government excusing an offense and absolving the offender of the consequences of the crime.

Learning Objective 6 Learning objective 6: Understand why some parolees are viewed as dangerous and how society handles this problem.

No correlation between numbers of parolees and crime rate Parolee as Dangerous By 1997, 32 states and the federal government had passed sex offender notification laws: Notification laws seem to have heightened public discomfort Isolated tragedies can exaggerate the actual danger No correlation between numbers of parolees and crime rate

Learning Objective 7 Learning objective 7: Describe the effectiveness of postrelease supervision.

Measured in terms of rates of recidivism Effectiveness Measured in terms of rates of recidivism Less than 1/2 of those released from prison remain prison free after 3 years Mandatory release only seems to work for property offenders Case management Overall, success of parole supervision is mixed

THE END NEXT WEEK: RESEARCH PAPERS DUE! CHAPTERS 18, 20 AND 21 REVIEW FOR FINAL EXAM