Chapter 13 Prisons and Jails Criminal Justice Today

Chapter 13 Prisons and Jails Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Prisons • A prison is a state or federal confinement facility that has custodial authority over adults sentenced to confinement. • The use of prisons as a place to serve punishment is a relatively new way to handle offenders. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Early Punishments • Were often cruel and torturous: Generally fit the doctrine of lex talionis: – Law of retaliation – “An eye for an eye” Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Early Punishments • Early forms of punishment included: – – – Flogging Mutilation Branding Public humiliation Workhouses Exile Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

The Emergence of Prisons • It is unknown when the first prison was established. • Punitive imprisonment noted in Europe in the Middle Ages. • American prisons began in the late 1700 s. • Early confinement facilities stressed reformation over punishment. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Stages of Prison Development in the United States FIGURE 13– 1 Stages of prison development in the United States. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

The Penitentiary Era • 1790 --1825 – Philadelphia Penitentiary begun by Quakers for humane treatment of offenders. – Rehabilitation through penance (solitary confinement and Bible study). – Known as the “Pennsylvania System. ” Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

The Mass Prison Era • 1825 --1876 – Auburn Prison (New York) featured group workshops and silence enforced by whipping and hard labor. – This Auburn system was the primary competitor to the Pennsylvania system. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

The Reformatory Era • 1876 --1890 – The reformatory style was based on the use of the indeterminate sentence. – Elmira Reformatory attempted reform rather than punishment. – Used a system of graded stages – Gave way to the system of “parole. ” – Ultimately considered a failure, since recidivism was still a problem. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

The Industrial Era • 1890 --1935 – Prisoners used for cheap labor in the era of the industrial prison. – Six systems of inmate labor: contract system, piece-price system, lease system, public account system, state-use system, and public works system. – Labor unions complained that they could not compete. – The passage of the Hawes-Cooper Act and Ashurst-Sumners Act limited inmate labor. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

The Punitive Era • 1935 --1945 – Characterized by belief that prisoners owed a debt to society. – Custody and institutional security the central values. – Few innovations. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

The Treatment Era • 1945 --1967 – Medical model suggested inmates were sick and needed treatment. – Most treatments include individual or group therapy. – Other forms of therapy include: • • • Behavior therapy Chemotherapy Neurosurgery Sensory deprivation Aversion therapy Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

The Community-Based Era • 1967 --1980 – Based on premise that rehabilitation cannot occur in isolation from the real world. – Prisons considered dehumanizing. – Led to innovations in the use of volunteers and the extension of inmate privileges. – Programs include: • Half-way houses • Work-release • Study-release Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

The Warehousing Era • 1980 --1995 – Public and judicial disapproval of release programs and recidivism led to longer sentences with fewer releases. – Nothing works doctrine – Warehousing of serious offenders designed to protect society. – Prison overcrowding became widespread. – Greater emphasis on incarcerating nonviolent drug offenders. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

The Just Deserts Era • 1995 --present – Based on the justice model. – Emphasis on individual responsibility and punishment. – Imprisonment is a proper consequence of criminal and irresponsible behavior. – Chain gangs, “three-strikes, ” and reduced parole. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Prisons Today: Race • The rate of imprisonment for African American males is seven times that of white males. • Bureau of Justice Statistics states that a black male in America has a 32. 3% lifetime chance of going to prison; white males have a 5. 9% chance. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Prisons Today: State Usage • Use of imprisonment varies considerably between states. • Factors contributing to the variation: – – – Violent crime rate Political environment Funding for prisons Employment rate Percentage of African American males Level of welfare support Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Prisons Today: Facility Size • The size of prisons vary. • One out of every four prisons is a large, maximum-security prison house almost 1, 000 inmates. • The typical state prison is small. • It costs about $62 a day per inmate. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Prisons Today: Typical System • The typical state prison system has: – 1 high security – 1 or more medium security – 1 for adult women – 1 or 2 for young adults – 1 or two specialized mental hospitaltype security prisons – 1 or more open-type institutions Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Overcrowded Prisons • Overcrowding is a serious issue. – Prison capacity—The size of the correctional population an institution can effectively hold. There are three types of prison capacity: • Rated • Operational • Design – Rhodes v. Chapman (1981)— Overcrowding is not by itself cruel and unusual punishment. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

U. S. Prison Population, 1960 - 2008 FIGURE 13– 2 U. S. prison population, 1960– 2008. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Selective Incapacitation • Selective incapacitation: – Is a strategy to reduce prison population. – Seeks to identify the most dangerous offenders and remove them from society. – Is reflected by career offender statutes. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Security Levels in State Prison Systems • There are three security levels: • Maximum • Medium • Minimum • The typical American prison is medium or minimum custody. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Maximum Security • Most maximum security institutions tend to be massive old buildings with a large inmate population, including all death row inmates. • They provide a high level of security with: • High fences/walls of concrete • Several barriers between living area • Secure cells • Armed guards • Gun towers Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Medium Security • Medium security prisons are similar in design to maximum security facilities; however, they: • Usually have more windows. • Tend to have barbed wire fences instead of large stone walls. • Sometimes use dormitory style housing. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Medium Security • Medium security prisons allow prisoners more freedom, such as: • • Associating with other prisoners Going to the prison yard or exercise room Visiting the library Showering and using bathroom facilities with less supervision • An important security tool is the count. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Minimum Security • In minimum security prisons: – Housing tends to be dormitory style. – Prisoners usually have freedom of movement within the facility. – Work is done under general supervision only. – Guards are unarmed, and gun towers do not exist. – Fences, if they exist, are low and sometimes unlocked. – “Counts” are usually not taken. – Prisoners are sometimes allowed to wear their own clothes. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Prison Classification System • Classification systems determine which custody level to assign an inmate to. Assignments are based on: • Offense history • Assessed dangerousness • Perceived risk of escape • Other factors § Inmates may move among the security levels depending on their behavior. § Internal classification systems determine placement and program assignment within an institution. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Federal Prison System • History – 1895—Leavenworth, Kansas—First non military federal prison opens. – 1906—Second federal prison opens in Atlanta. – 1927—Alderson, West Virginia—First federal prison for women. – 1933—Springfield, Missouri—Medical Center for federal prisoners. – 1934—Alcatraz begins operations. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Today’s Federal Prison System • Today’s federal prison system consists of: • • • 103 institutions 6 regional offices The Central office (headquarters) 2 staff training centers 28 community corrections offices Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Federal BOP Facilities, 2009 FIGURE 13– 3 Federal Bureau of Prison facilities by region, 2009. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Federal Prison System • The Federal Bureau of Prisons (BOP) classifies its institutions according to five security levels. 1. Administrative maximum (ADMAX) 2. High security (U. S. penitentiaries) 3. Medium security (federal correctional institutions) 4. Low security (federal correctional institutions) 5. Minimum security (federal prison camps) • Additionally, there administrative facilities, like metropolitan detention centers (MDCs) and medical centers for federal prisoners (MDFPs). Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Federal Correctional Complexes • Federal correctional facilities exist either as single institutions or as federal correctional complexes (FCCs) —sites consisting of more than one type of correctional institution. • Example: FCC at Allenwood, PA. (consists of one U. S. penitentiary and two federal correctional institutions (one low and one medium security). Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Federal Prison System: Administrative Facilities • The federal prison system’s administrative facilities are institutions with special missions. – Metropolitan Detention Centers (MDCs) • Generally located in large cities, close to federal courthouses • Hold inmates awaiting trial (like jails) – Medical Centers for Federal Prisoners (MCFP) Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Administrative Maximum (ADMAX) • In 1995, the federal government opened its only ADMAX prison: – – – Located in Florence, Colorado $60 million ultra-high security 575 bed capacity Inmates confined to cells 23 hours per day Only toughest 1% of federal prison population is confined there – Holds mob bosses, spies, terrorists, escape artists, murderers, etc. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Improvements • Improvements to our nations prisons can be found in: – Accreditation by the American Correctional Association’s (ACA) – Training though the National Academy of Corrections Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Jails • Jails—Locally operated, short-term confinement facilities. • Original purpose—confinement of suspects following arrest and awaiting trial. • Current use—confinement of those convicted of misdemeanors and some felonies, as well as holding suspects following arrest and awaiting trial. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Jails • There are 3, 365 jails in the U. S. – Most jails are small, designed to hold 50 or fewer inmates. – Some jails are very big, like “mega-jails” in LA and NYC. • There are 207, 600 correctional officers. – 3: 1 inmate/staff ratio • The average cost to jail a person for a year is $14, 500. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Jails • Most people process through jails are members of minority groups: – 56% minority • 38. 6% African American • 15. 6% Hispanic – 44% Caucasian • Typical charges: – – 12. 1% drug trafficking 11. 7% assault 10. 8% drug possession 7% larceny Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Women and Jail • Women comprise 12. 9% of the jail population. • They’re the largest growth group nationwide. • Women face a number of special problems, including: • Inadequate classification systems • Lack of separate housing • Low educational levels • Substance abuse • Pregnancy/Motherhood • Inadequate substantive medical programs Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Women and Jail • Women make up 22% of correctional officer force in jails. • Female officers are committed to their careers and tend to be positively valued by male counterparts. However, • A disproportionate number of female personnel held lower ranking jobs. • 60% of support staff is female • 10% of chief administrators is female • Issues can arise when member of the opposite sex are assigned to watch over inmates. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Growth of Jails • Many jails are old and overcrowded. • By the end of 1980 s, many jails were so overcrowded that court-ordered caps forced some early releases. • By 2006, national jail occupancy was at 94% rated capacity. Larger jails are more crowded than smaller ones. Some individual facilities are desperately overcrowded. Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Jail Facts TABLE 13– 1 Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Direct Supervision Jails • A new jail architecture and management strategy is called direct supervision. These jails: • Use a system of pods or modular selfcontained housing areas • Have a more open environment, using Plexiglas instead of thick walls to separate areas • Use softer furniture • May use “rooms” instead of cells Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Benefits of Direct Supervision Jails • Direct supervision jails • • Reduce inmate dissatisfaction Deter rape and violence Decrease suicide and escape attempts Eliminate barriers to staff-inmate interaction • Give staff greater control • Improve staff morale • Reduce lawsuits Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Jails and the Future • National efforts are underway to improve quality of jail life by: • • • Adding critical programs for inmates Increasing jail industries Jail “boot camps” Creating regional jails Implementing jail standards Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Privatization • A private prison is a correctional institution operated by a private firm on behalf of the government. • The movement toward greater use of private prisons began in the 1980 s. • Private prisons operate in 34 stated and the District of Columbia. • 35% annual growth rate Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Benefits of Privatization • Private prisons can: – Reduce overcrowding – Lower operating expenses – Avoid lawsuits Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

Hurdles to Large-Scale Privatization • Large scale privatization is hindered by: – Laws prohibiting private sector involvement in correctional management – Possibility of public employees striking – Liability and other legal issues Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]

NIJ Recommendations • The National Institute of Justice (NIJ) recommends that those states that privatize corrections: – Regularly survey former inmates about conditions – Annually visit and inspect facilities – Station state monitors inside large facilities – Review all services before renewing contracts Criminal Justice Today: An Introductory Test to the 21 st Century Frank Schamalleger Copyright © 2011, 2009, 2007, 2005 by Pearson Education, Inc. publishing as Pearson [imprint]