© 2007 the mcgraw-hill companies, inc. all rights reserved. mcgraw-hill chapter 13 prison issues...

© 2007 The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill

Chapter 13Chapter 13Prison Issues and Prison Issues and

Concerns:Concerns:Security, Privatization, Security, Privatization,

Technology, and Technology, and AccreditationAccreditation

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OvercrowdingOvercrowding

Over the past 25 years, the prison Over the past 25 years, the prison population has increased six-fold. population has increased six-fold.

On January 1, 2006, state prisons On January 1, 2006, state prisons were operating between full capacity were operating between full capacity and 33% above capacity.and 33% above capacity.

Federal prisons were operating at Federal prisons were operating at 34% above capacity. 34% above capacity.

Nearly one out of every 140 people Nearly one out of every 140 people in the U.S. is incarcerated. in the U.S. is incarcerated.

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Reasons for OvercrowdingReasons for Overcrowding

A continuous increase in the number A continuous increase in the number of people sent to prison.of people sent to prison.

Offenders now serve larger portions of Offenders now serve larger portions of their sentences.their sentences.

Many incoming prisoners are drug Many incoming prisoners are drug users, not the dealers the tougher users, not the dealers the tougher laws were designed to capture.laws were designed to capture.

The “prison industrial complex” trend.The “prison industrial complex” trend.

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Controlling OvercrowdingControlling Overcrowding

Reduce the number of people sent to Reduce the number of people sent to prison.prison.

Release the less dangerous to make room Release the less dangerous to make room for the more dangerous.for the more dangerous.

Change confinement sentences to Change confinement sentences to community- related sentences.community- related sentences.

Increase the number of releases.Increase the number of releases. Expand existing prison capacity or build Expand existing prison capacity or build

new prisons.new prisons. Implement structured sentencing.Implement structured sentencing.

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Key TermsKey Terms

Structured SentencingStructured Sentencing: a set of : a set of guidelines for determining an guidelines for determining an offender’s sentence.offender’s sentence.

Exchange RatesExchange Rates: an approach to : an approach to sentencing that emphasizes sentencing that emphasizes interchangeability of punishments; interchangeability of punishments; for example, three days under house for example, three days under house arrest might be considered equal to arrest might be considered equal to one day of incarceration.one day of incarceration.

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Consequences of OvercrowdingConsequences of Overcrowding idlenessidleness drug traffickingdrug trafficking predatory sexual predatory sexual

behaviorbehavior safety riskssafety risks gang confrontationsgang confrontations argumentsarguments fightsfights murdersmurders suicidessuicides riotsriots medical and mental medical and mental

health problemshealth problems

staff turnoverstaff turnover stressstress decreases in program decreases in program

opportunitiesopportunities judicial intervention in judicial intervention in

prison managementprison management fines for operating fines for operating

above capacity above capacity excessive wear and excessive wear and

tear on facilities and tear on facilities and equipment equipment

negative publicitynegative publicity higher rates of higher rates of

recidivismrecidivism

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Prisons Under Court OrderPrisons Under Court Order

At midyear 2000, almost one-fourth of all At midyear 2000, almost one-fourth of all state and private prisons were under a state and private prisons were under a court order to correct one or more court order to correct one or more conditions of confinement.conditions of confinement.

No federal prisons were under court order No federal prisons were under court order in midyear 2000. in midyear 2000.

Inmate on inmate assaults and inmate on staff Inmate on inmate assaults and inmate on staff assaults have continued to rise between 1995 assaults have continued to rise between 1995 and 2000.and 2000.

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Prison GangsPrison Gangs

The current term for prison gangs is The current term for prison gangs is security threat groups (STGs).security threat groups (STGs).

Security threat groupSecurity threat group – an inmate group, – an inmate group, gang, organization, or association that has gang, organization, or association that has a name or identifying signs, colors, or a name or identifying signs, colors, or symbols and whose members or associates symbols and whose members or associates engage in a pattern of gang activity or engage in a pattern of gang activity or departmental rule violation so as to pose a departmental rule violation so as to pose a threat to the staff, to the public safety, to threat to the staff, to the public safety, to the secure and orderly operation of a the secure and orderly operation of a correctional institution, or to other inmates. correctional institution, or to other inmates.

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The Six Major STGsThe Six Major STGs

The Aryan Brotherhood.The Aryan Brotherhood. The Black Guerilla Family.The Black Guerilla Family. The Mexican Mafia.The Mexican Mafia. La Nuestra Familia.La Nuestra Familia. Neta.Neta. The Texas Syndicate.The Texas Syndicate.

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Prison Riots and DisturbancesPrison Riots and Disturbances

DisturbanceDisturbance – an altercation – an altercation involving three or more inmates, involving three or more inmates, resulting in official action beyond resulting in official action beyond summary sanctions and for which summary sanctions and for which there is an institutional record.there is an institutional record.

RiotRiot – any action by a group of – any action by a group of inmates that constitutes a forcible inmates that constitutes a forcible attempt to gain control of a facility or attempt to gain control of a facility or area within a facility.area within a facility.

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Notorious RiotsNotorious Riots

1971 Attica Correctional Facility1971 Attica Correctional Facility 43 lives lost43 lives lost

1980 Penitentiary of New Mexico in Santa 1980 Penitentiary of New Mexico in Santa FeFe 33 inmates were tortured, dismembered, 33 inmates were tortured, dismembered,

decapitated, burned alive, and killed by fellow decapitated, burned alive, and killed by fellow inmates. inmates.

1993 Southern Ohio Correctional Facility 1993 Southern Ohio Correctional Facility Longest prison riot in U.S. history (11 days)Longest prison riot in U.S. history (11 days) 9 inmates and 1 correctional officer killed.9 inmates and 1 correctional officer killed.

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Reasons For RiotsReasons For Riots

Random chance.Random chance. Bad conditions.Bad conditions. Rebellious inmates and racial Rebellious inmates and racial

antagonism.antagonism. Institutional structure and readiness.Institutional structure and readiness. Administrative factors such as prison Administrative factors such as prison

management and administration.management and administration.

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Preventing Riots Preventing Riots

Formal inmate grievance proceduresFormal inmate grievance procedures Ombudsmen to mediate disputesOmbudsmen to mediate disputes Improved classification system Improved classification system Smaller institutionsSmaller institutions Meaningful prison school and work Meaningful prison school and work

programs programs

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Preventing Riots - Preventing Riots - ContinuedContinued

Alternatives to incarcerationAlternatives to incarceration Professional, well-trained, and well-Professional, well-trained, and well-

paid correctional staff paid correctional staff Administrators who are visible and Administrators who are visible and

available to staff and inmatesavailable to staff and inmates Clearly written and understood Clearly written and understood

policies on the use of force when policies on the use of force when necessarynecessary

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Supermax HousingSupermax Housing A free-standing facility, or a distinct unit A free-standing facility, or a distinct unit

within a facility, that provides for within a facility, that provides for management and secure control of inmates management and secure control of inmates who have been officially designated as who have been officially designated as exhibiting violent or serious and disruptive exhibiting violent or serious and disruptive behavior while incarcerated.behavior while incarcerated.

Supermax prisons house the most violent, Supermax prisons house the most violent, disruptive, and recalcitrant offenders whose disruptive, and recalcitrant offenders whose behavior in prison makes them ineligible for behavior in prison makes them ineligible for confinement in the general prison confinement in the general prison population.population.

First supermax housing facility opened by First supermax housing facility opened by the BOP was Florence, Colorado in 1994. the BOP was Florence, Colorado in 1994.

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AlcatrazAlcatraz Opened in 1939. The first federal specialized Opened in 1939. The first federal specialized

housing unit for management and control of housing unit for management and control of troublesome inmatestroublesome inmates

Housed the most violent and disruptive inmates Housed the most violent and disruptive inmates in indefinite solitary confinement. in indefinite solitary confinement.

Did not offer any treatment programs.Did not offer any treatment programs. Its sole purpose was to incarcerate and punish Its sole purpose was to incarcerate and punish

the federal prison system’s most desperate the federal prison system’s most desperate criminals and worst troublemakers. criminals and worst troublemakers.

““America’s Devil’s Island”America’s Devil’s Island” Closed in the early 1960s by U.S. Attorney Closed in the early 1960s by U.S. Attorney

General Robert Kennedy. General Robert Kennedy.

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Supermax Prisons - Supermax Prisons - ContinuedContinued Supervision in Supermax units is personnel-Supervision in Supermax units is personnel-

intensive and very costly.intensive and very costly. Supermax inmates typically spend all but 90 Supermax inmates typically spend all but 90

minutes per day in their cells.minutes per day in their cells. Physical restraints are used for all movements, Physical restraints are used for all movements,

which normally are only to the exercise area and which normally are only to the exercise area and showers.showers.

Debate rages as to the effectiveness of Supermax Debate rages as to the effectiveness of Supermax facilities. facilities.

Critics denounce the adverse effect of giving and Critics denounce the adverse effect of giving and receiving such harsh treatment on both staff and receiving such harsh treatment on both staff and inmates.inmates.

Proponents cite enhanced safety and the provision Proponents cite enhanced safety and the provision of much-needed control over the “worst of the of much-needed control over the “worst of the worst.”worst.”

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““No Frills” Prisons and JailsNo Frills” Prisons and Jails

Correctional institutions that take away Correctional institutions that take away prisoner amenities and privileges.prisoner amenities and privileges.

Evolved in response to erroneous public Evolved in response to erroneous public perceptions that inmates live in relative perceptions that inmates live in relative comfort while incarcerated.comfort while incarcerated. A 1995 NBC television poll found that 82% of A 1995 NBC television poll found that 82% of

Americans felt that prison life was too easy.Americans felt that prison life was too easy. Proponents claim reduced amenities and Proponents claim reduced amenities and

privileges make the prison experience more privileges make the prison experience more punitive and less tolerable, which is merely punitive and less tolerable, which is merely what the convicted offenders deserve.what the convicted offenders deserve.

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““No Frills” Prisons and JailsNo Frills” Prisons and Jails- - ContinuedContinued

Federal No-Frills Prison Act of 1996. Citizens’ support for prisoner amenities. From 1998 to 2002 more states decreased inmate privileges and amenities. Legislators’, wardens’, corrections experts’, and attorneys’ views on “no-frills” prisons and jails.

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Accreditation Accreditation Improves staff training and development.Improves staff training and development. Assesses program strengths and Assesses program strengths and

weaknesses.weaknesses. Is a defense against lawsuits.Is a defense against lawsuits. Establishes measurable criteria for Establishes measurable criteria for

upgrading operations.upgrading operations. Improves staff morale and professionalism. Improves staff morale and professionalism. Offers a safer environment for staff and Offers a safer environment for staff and

offenders.offenders. Reduces liability insurance costs.Reduces liability insurance costs. Offers performance-based benefits.Offers performance-based benefits.

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Accreditation - Accreditation - ContinuedContinued

More than 500 of the 1,208 adult correctional institutions and 129 of the 3,365 local jails have been awarded ACA accreditation. Many states also offer accreditation.

21


Privatization Privatization

A contract process that shifts public A contract process that shifts public functions, responsibilities, and capital functions, responsibilities, and capital assets, in whole or in part, from the assets, in whole or in part, from the public sector to the private sector. public sector to the private sector.

First U.S. prison to be constructed First U.S. prison to be constructed and operated by a private provider and operated by a private provider was San Quentin in the 1850s. was San Quentin in the 1850s.

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Types of Privatization Types of Privatization

Contracting out specific services Contracting out specific services such as educational and vocational such as educational and vocational programming, medical and mental programming, medical and mental health services, food preparation, health services, food preparation, maintenance, and others.maintenance, and others.

Full-scale private management of Full-scale private management of jails and prisons.jails and prisons.

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Privatization - Privatization - ContinuedContinued

The Debate:The Debate: Proponents for privatizationProponents for privatization

argue in favor of competition argue in favor of competition Opponents argue againstOpponents argue against

privatization on privatization on philosophical grounds.

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Privatization - Privatization - ContinuedContinued

Future Trends: An increase in private prisons.The number of companies operating privatized prisons is likely to decrease as competition and the costs of doing business increase. Important inroads can be expected for the geriatric inmate population.

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TechnocorrectionsTechnocorrections Technologies as electronic mail and Technologies as electronic mail and

messaging, electronic bulletin boards, and messaging, electronic bulletin boards, and web-based organizational home pages that web-based organizational home pages that have improved internal communications within have improved internal communications within correctional institutions, and institutional correctional institutions, and institutional communications with supporting agencies.communications with supporting agencies.

Videoconferencing and telemedicine facilitate Videoconferencing and telemedicine facilitate tremendous savings by reducing travel tremendous savings by reducing travel expenses. expenses.

Further, they reduce absences of key Further, they reduce absences of key personnel from the institution, thereby personnel from the institution, thereby maintaining supervisory presence and maintaining supervisory presence and availability in the event a crisis develops.availability in the event a crisis develops.

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Enhancements Due to Enhancements Due to TechnocorrectionsTechnocorrections

Tracking of inmates and staff through Tracking of inmates and staff through remote-location monitoring.remote-location monitoring.

Detection of escape attempts by means of Detection of escape attempts by means of ground-penetrating radar and heartbeat ground-penetrating radar and heartbeat monitoring.monitoring.

Internal security through the use of Internal security through the use of biometric scan technology.biometric scan technology.

Physical security searches through the use Physical security searches through the use of magnetic resonance scanning and x-of magnetic resonance scanning and x-rays.rays.

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