section i corrections past and present. chapter 1 history of corrections

Section I

Corrections Past and Present

Chapter 1

History of Corrections

Objectives• Grasp why the concept of punishment has

become such a major force in the American administration of justice.

• Identify the differences between the Auburn and Pennsylvania systems.

• Outline the history and trends of prison reform, including the significant change in the prison environment after World War II and the decline of the medical model.

Sentencing• Four predominant sentencing goals in America

– Rehabilitation– Specific deterrence– General deterrence– Punishment

• Fines – monetary sanctions as punishment for crime

• Restitution – compensation to victim or community for damages

• Probation – supervision that allows an offender to remain in the community under certain conditions

• Incarceration – confinement in a prison or jail

Role of Law

• Law – social construct – members trade some restrictions in exchange for benefit from the government

• Definition of what is legal and what is illegal can change as society changes

• Punishment – infliction of a penalty, often with a component of retributive suffering

Role of Religion

• Evolution of retributive punishment has intertwined with that of religion over the years

• Concept of free will has evolved from the religious beliefs

• Idea that people chose to violate the law and should be held responsible for their actions has formed the center focus for American CJ system

History of Punishment

• Earliest prisons in America were modeled after English gaols

• Severe corporal punishment was commonplace

• All punishment was public

• Bridewells – institutions used to confine and beat misdemeanor offenders were commonplace

History of Punishment (cont.)

• Reformer John Howard noted that more prisoners died from sickness and disease than from execution

• All inmates were confined together• England used deportation to send criminals to

American colonies and later to Australia.• Penitentiary Act of 1779 provided major reforms

– Secure and sanitary facilities and inspections– Abolishing fees for basic services– Introducing reformatory model

Punishment in the American Colonies

• Harsh penalties, including death, banishment, and corporal punishment

• Jail conditions were as bad as in England

• William Penn – passed Great Law to combine reform and rehabilitation in Pennsylvania system

• Following Penn’s death, the state returned to corporal and capital punishment

Punishment in the American Colonies (cont.)

• America’s first prisons– Abandoned copper mine in Simsbury, CN– In 1790, Pennsylvania legislature opened the

Walnut Street Jail• Humanitarian approach• Educational opportunities, religious and

health care services, prison industries• Closed in 1835 due to staff turnover

– Concepts of penitence, work, single cells, and separation by type of offender became important


• American Prison Philosophy– Pennsylvania system was founded on belief of

solitary reflection and solitary cells– Silent or separate system – prisoners not

allowed to talk to one another– Goal was rehabilitation through isolation,

contemplation, silence, and prayer– Pervasive idleness led to mental illness


• American Prison Philosophy (cont.)– Alternative system was Auburn, or congregate

system in New York– Kept in solitary confinement at night, but

permitted to work collaboratively outside of cell during the day

– Expected to maintain total silence– Designed as industrial factory with small cells


• American Prison Philosophy– Principles of economical operation, restricted

interaction among convicts, congregate work, extreme discipline, and tight control

– Chains, beatings, solitary confinement, and limited food became instruments of punishment and control

– Auburn system emerged as the model adopted by most states – highly regimented activities and fiscally successful due to prisoners’ work.


• Regional Differences– Southern states developed a program where

citizens could lease prisoners as laborers– Western settlers built small local jails,

contracted with other states for housing of prisoners, and eventually developed their own prison system modeled after the Auburn system.

Development of Reformatories

• Overcrowding, poor management, insufficient funding, and shifting of resources post-Civil War led to end of original models of prison management

• Custodial concerns were dominant• Decision was made to replace prisons with

reformatories emphasizing educational and vocational programming for young adult offenders

Development of Reformatories (cont.)

• Alexander Maconochie– “Mark” system - prisoners earn freedom

through marks for industrial work and conformity to rules

– Progress through various stages of increasing responsibility

• Walter Crofton– Stages of imprisonment– Progression through stages leads an inmate

closer to release

Development of Reformatories (cont.)

• Indeterminate sentencing allowed reformatory officials to decide when an inmate was ready to be released.

• Benefits were canceled out by overcrowding, poorly trained staff, and continued emphasis on control

• Reformatory era presented American corrections with a new model that included individual treatment, indeterminate sentencing, classification, parole, and a focus on education

Industrial Period and Progressive Era

• Industrial programs offered a structured means of establishing a strong work ethic and vocational training while offsetting institutional costs

• Different prison industrial systems:– Contract– Lease– State-use– Public works and ways

Industrial Period and Progressive Era (cont.)

• Industrial prisons produced a wide range of products and were widely accepted

• Labor organizations began to complain

• Hawes-Cooper Act – prison made goods were subject to the laws of any state where the product would be sold

• Ashurst-Sumners Act – prohibited interstate shipment of prison-made goods

Industrial Period and Progressive Era (cont.)

• Reformers continued to propose normalization of the institutional setting

• Classification became very important to separate inmates by age, aggressiveness, and programmatic needs

• Education and vocational training were reemphasized

• Federal Bureau of Prisons was created

Post-World War II

• In the 1940s and 1950s, inmates were seen as misunderstood

• Treatment programs were instituted in many prisons

• Inmates were seen as individuals with social, intellectual, or emotional deficiencies who needed diagnosis and treatment

The Medical Model

• Three components– Diagnosis– Evaluation– Treatment

• Proper classification was important

• Wardens and superintendents had a hard time accepting this new “gentle” incarceration

The Medical Model (cont.)

• Associations and Federal Guidelines– APA published manual of standards for prison

administration– Congress created LEAA to provide research

grants and help in development of programs

• Architectural Programs– Medical model brought architectural

restructuring with it– Prisons included educational and vocational

programs, extensive health care, counseling, and prison work industries

A Return to Punishment

• Public wanted to toughen system

• Federal courts developed a “hands on” approach

• Brought prisons in compliance with Bill of Rights and Constitution

• Chaos and confusion reigned, especially after the riot in Attica

A Return to Punishment (cont.)

• Private Family Visiting– Furlough system allowed inmates to leave prison

to visit family, seek education, and pursue jobs– Cut back or eliminated after high-profile case of

an inmate on furlough attacking a young couple– Family visiting idea promoted conjugal visits to

maintain marital ties, but it never gained much popularity

A Return to Punishment (cont.)

• End of the Medical Model– Basically vanished by the late 1970s– Major blow was report by Robert Martinson

that showed no significant difference in recidivism rates for those in rehabilitation programs vs. those who did not participate

– Public desire for punishment took the place of rehabilitative programs

Conclusion

• Evolution of prisons and jail has followed the shifting forces at work in the nation

• Some have advocated that prisons work to reform criminals

• However, primary focus over time has been custody and punishment of offenders

• Fiscal resources have continued to be insufficient to meet the needs

Chapter 2

American Jails

Objectives

• Identify the size and scope of the local jail population in the United States

• Explain the system of health care in American jails and issues of mental illness, substance abuse, and infectious and communicable diseases

• Comprehend the difficulties associated with housing long-term prisoners in local jails.

Jail Populations

• Federal, state, and local correctional facilities house over 2.3 million persons on a daily basis, with 750,000 of those in local jails

• Between 10 and 15 million persons pass through jail systems in a calendar year

• Most persons booked into jail remain for short periods of time

Health Care

• All persons entering jails receive initial screening, evaluation, treatment, or community-based referral

• Magnitude of health care problems– HIV/AIDS– Hepatitis– Sexually transmitted diseases– Tuberculosis– Alcoholism and substance abuse– Heart disease– Women’s issues

Health Care (cont.)

• People often arrive in jail with preexisting conditions and little or no relationship to community health care programs.

• Jail must triage extant issues, secure emergency interventions, and provide referrals to community-based health care delivery programs

Health Care (cont.)• Standards of Healthcare Delivery

– Jails must provide constitutional levels of health care

– Proactive efforts must be made with respect to medication, intake screening, interviews, health assessments, sick call procedures, emergency services, recordkeeping, etc.

– Standards of correctional health care have blended the security responsibilities of access to health care with the screening, evaluation, and treatment of health care professionals.

Health Care (cont.)• Mental Illness and Substance Abuse

– Jails face increased level of persons with mental illness and substance abuse due in part to closing of mental health facilities

– Mentally ill prisoners tend to remain in jail longer than other prisoners with the same offense

– Jails are generally not appropriate mental health treatment environments

– Mentally ill offenders require a tremendous amount of resources to ensure treatment services are met

Health Care (cont.)

• Mental Illness and Substance Abuse (cont.)– Jail populations would drastically decrease if

levels of substance abuse decreased in community

– In 2004, 68% of jail inmates nation-wide abused or were dependent on drugs or alcohol

– Jails can provide effective short-term intervention if they are funded properly

Health Care (cont.)

• Co-Occurring Disorders– Triage uncovers a growing population with co-

occurring disorders– Particularly disproportionate numbers of

persons who are both mentally ill and substance abusers

– Police are often unable to find treatment options that offer alternatives to jail

Health Care (cont.)

• Occupational Exposure and Communicable Disease Safety Measures– Staff training on universal precautions helps

alleviate fears regarding diseases– Dealing with bloodborne and airborne

pathogens are a routine part of operations– Variety of communicable diseases found in

jails– Jails must have written exposure control plan

Health Care (cont.)

• Occupational Exposure and Communicable Disease Safety Measures– Court orders can compel testing of inmates

following potential exposure incident– Requires commitment to training for staff– Following safety measures and ensuring both

training and proper equipment will dramatically minimize the potential for transmission

Victim Notification

• Historically, jails did not become involved in affairs of victim

• Victims groups have advocated for release hearings and notification of victims prior to release, especially in domestic violence situations

• Names of those in custody are not kept confidential if release of information would protect victims

Information Technology and Integration

• Historically, human error and poor data entry resulted in release of inmates with pending warrants or additional charges

• Technologies such as electronic imagery, swift fingerprint identification, multiple systems to seek identity, etc. have improved this situation

• Still little collaboration and systems integration between agencies

The Hidden Jail Population

• Thousands of misdemeanant bookings do not occur due to insufficient jail space

• Hundreds of thousands of existing warrants are not served or citations are given when arrest would be more appropriate

• Challenge to sheriffs who are sworn to uphold the law, but must turn away prisoners due to a lack of space and funds

Diversity in Jail Intake

• Linguistic skills and cultural sensitivity are extremely important in jail intake process

• Jails must increase staff diversity to deal with diverse population of inmates

Systems Partnership and the Role of the Community

• Jails should be seen as an integral part of the community, as part of community-based service networks

• Jails should collaborate with service areas and share information on inmates

• Jails must serve as broker of services

Growth of Jail Populations• Most jails keep pretrial offenders, prisoners

in transit, probation/parole violators, people in protective custody, or those serving sentences of less than 1 year

• Crowding pressures have resulted in increased numbers of jails housing long-term convicted inmates sentenced to state or federal prisons

• Jails are not designed for long-term inmates

Growth of Jail Populations (cont.)

• Reasons for increase in prison/jail populations:– More crime and longer sentences– Overcrowded state facilities– Local jurisdictions “renting out” jail space

• In 2005, jails held about 5% of state and federal prisoners


• Housing Long-Term Inmates– Jails lack program and recreational space

needed by long-term inmates– Budgets are insufficient to meet their needs– State laws increasing sentence lengths seem

to be the main factor in increasing prison crowding

Growth of Jail Populations (cont.)• Housing State Inmates

– State officials sometimes allow inmates to back up in local jails to relieve overcrowding

– State of Texas faced lawsuits related to overcrowding of state inmates in jails, and ultimately had to pay millions in reimbursement to jails for housing prisoners

– At one time, local jails in New Jersey housed over 10% of prison population

– Lawsuits and threats of lawsuits were needed in other states to alleviate back up of state prisoners in jails


• Resolution– By July 1994, state prison construction

relieved some of the pressure on counties– Some jails increased their capacity and rented

out space to the state or federal governments– Missouri contracted out with a private

corrections company, but had to regain control following allegations of prisoner abuse


• Considerations with Commitments to Other Jurisdictions– When prisoners are serving longer terms, the

orientation of the detention operation must shift

– Security measures must also be enhanced– Authorities must insist that counties

contracting out bed space are providing certain services for state inmates

Matrix Classification System

• Plan for release of inmates due to overcrowding at a jail and prison

• Least dangerous persons should be released first, based on an objective, computer-based scoring system

• Score based on the nature of the crime committed, with additional points for felony charges and failure to appear in court

Conclusion

• Public administrators and elected officials should understand the unique role of the jail and its potential in broader public safety considerations

• Local jail has increasingly been used to house federal and state inmates

Chapter 3

Prison Architecture

Objectives

• Understand the limitations of building correctional facilities with specific materials

• Distinguish different housing unit models on the basis of their architectural characteristics.

• Differentiate among security levels that are suitable for various housing units

Housing Configuration

• Prison architecture is influenced significantly by the operating agencies’ policies and management styles

• Sometimes architecture changes depending on a shift toward increased punishment or increased rehabilitation

• In recent years, prison architecture has reflected classification systems that assess inmates’ behavior

Historical Models

• The Bastille– Linked to a harsh approach to punishment– Four levels high, continuous stone masonry

wall, eight cylindrical towers linked together– Two interior courtyards, crenellated parapet,

accessible only by drawbridge– Only design goal was containing masses of

people and resisting attackers

Historical Models (cont.)

• Convict Hulks– Wooden ships docked in harbors– Crowded, dirty, infested with insects and

diseases– Separated England’s convicts from freedom

regardless of offense


• Panopticon– Two-person cells arranged side-by-side in a

circular plan in the form of a drum– Four tiers high – supervision tower in the

center– Difficult for officers to move about on the

upper floors– Extremely high ambient noise levels


• Pennsylvania Model– Eastern Penitentiary in Philadelphia was

developed based on cellular housing– Cell buildings arranged in a spoke pattern– Flanking cells were arranged in a linear plan

and faced a common central corridor and another row of cells on the other side

– Concept led to radiating wing organization for large housing units


• Auburn Model– Two back-to-back rows of multi-tiered cells

arranged in a straight, linear plan– Dominated US prison and jail design in 19th

and 20th centuries– Over time, electrical, plumbing, and ventilation

systems were introduced to housing unit design

– Usually accommodated in a continuous space behind cells known as a chase

Historical Models (cont.)• Pennsylvania and Auburn Models (cont.)

– Rows of cells can be stacked in tiers accessible by stairs

– Cells are organized in the middle of the overall space and facing the exterior walls

– Beginning in late 1970s, modern fire and safety concerns have influenced correctional architecture

– Together, the Auburn and Pennsylvania configurations are now known as the linear-indirect configuration because both of them feature the long, narrow organization and can only be effectively supervised by walking back and forth

Direct Supervision

• Federal BOP developed a housing unit that is nearly square

• Large, open central day room space• Individual cells organized around square• Correctional officer can see interior space from

any vantage point• Cells stack two high• Known as the direct supervision model• Encourages inmate-staff communication as well

as security

Supermaximum Security

• BOP operated US Penitentiary on Alcatraz Island for 30 years for dangerous inmates

• Was a combination of Auburn and Pennsylvania systems

• Cells were high – also featured a central dining room, outdoor stacked two recreation, industries, and staff housing

• California introduced security housing units to house the most violent offenders

• Featured single cells, a grille-covered recreation yard, and little movement from the cell for inmates

Supermaximum Security (cont.)

• Administrative maximum institution at US Penitentiary in Colorado is the current federal supermax facility

• Each cell has its own shower, toilet, and lavatory

• Inmates can use a large recreation area between units on schedule

Other Design Factors• Housing unit of a prison or jail is the most

important element of correctional design• Space is also needed to prepare and serve food,

run programs, provide medical services, put out fires, ensure security, and provide for sanitation and maintenance

• Institutions often undergo continuous renovations

• Prisons often employ technology originally designed for other buildings

• Architecture needs to contribute to safety and health of inmates and staff

Conclusion

• Prison design and architecture are driven by societal attitudes and directly relate to the purpose for which the institution is designed.

Chapter 4

Developing Technology

Objectives

• Examine technological developments in the field of corrections

• Outline concerns about new technology and institutional security

• Grasp implementation techniques to increase the acceptance of new technology

Development of New Technology

• New technological and automated processes can greatly assist staff

• Many military innovations have been adaptable to prison and jail settings:– Barrier wire– Infrared night vision technology– Identification verification equipment

Development of New Technology (cont.)

• Information Management Systems– Computers monitor many aspects of

institutional life– One of the best uses of technology in a

correctional environment is management of inmate data – disciplinary records, work assignments, educational needs, medical needs

– Law enforcement entities are improving their information sharing, and information is also more readily available to the public


• Prisoner Identification– Technology helps update prisoner

identification, processing, and tracking• Digital mug shots• Retina-imaging• Iris-scanning equipment• Barcoded wrist bands and electronic bracelets

– PRISM – Prison Inmate and Safety Management System – monitors location of staff and inmates with electronic wristbands


• Perimeter Security– Motion detectors– Electric fences– Closed-circuit television cameras– Perimeter points of ingress and egress,

including identification cards with magnetic barcodes, voice printing and hand geometry readers, biometric recognition, heartbeat detectors, x-ray screening, etc.


• Inmate Programming– Inmate programming that teaches about

technology and computer skills can greatly ease reintegration

– Can be done at minimal cost using donated or recycled computers


• Medical Services– Management of inmate medical records is a

substantial challenge– Electronic files allow heath care providers to

focus more on treatment rather than redundant histories, lab work, filing

– Advances in digital imaging and data transmission have enhanced the provision of medical care by allowing for remote diagnosis and treatment of a variety of conditions


• Crisis Management– Less-lethal weapons are now the first level

of response in crisis situations• Stun guns• Flash bang distraction devices• Gas


• New Construction and Reconstruction– Pre-finished concrete modules have become

widely accepted– Modular buildings have exceptional quality

control, last longer, require less maintenance, and are cheaper and faster to build

Security Concerns

• Critical that staff be trained in protecting system access and protecting information from 3rd party disclosure

• Technology should be secured when not in use by authorized persons

• Staff should be trained thoroughly on when and how information can be disclosed

Security Concerns (cont.)

• Access– Staff should only be given access to

information that is required to perform their jobs

– Line staff should not be able to access sensitive medical data

– Software systems that store private inmate data should include user access controls and secure passwords

Implementation of Technological Change

• Correctional workers often express ambivalence toward new technology and change

• Technology is expensive and often represents a departure from the traditional direct supervision of inmates

• Staff reluctance to adapt to new procedures creates a significant management issue

Conclusion

• Corrections-related expenditures have grown exponentially

• New technology is important and critical for survival

• To meet the demands of the future, correctional leaders need to seek new ways of doing business, while continuing to operate safe, secure, and humane correctional programs

section i corrections past and present. chapter 1 history of corrections

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