SPECIAL PROBLEMS IN CORRECTIONS Professor: Jeffrey Ian Ross, Ph.D. jeffreyianross

1. SPECIAL PROBLEMS IN CORRECTIONS Professor: Jeffrey Ian Ross, Ph.D. www.jeffreyianross.com www.facebook.com/jeffreyianross Revised: Friday August 10, 2018

2. Outline Preface PART I. LAYING THE GROUNDWORK 1. What Is Corrections and What Are Its Problems? 2. Misrepresenting Corrections PART II PROBLEMS FOR CONVICTS AND CORRECTIONAL FACILITIES 3. Misuse of Jails 4. Underfunding 5. Prison Conditions 6. Classification/Risk Assessment 7. Special Populations 8. Rehabilitation 9. Overburdened Community Corrections System 10. Crowding/Overcrowding 11. Death Penalty PART III. PROBLEMS FOR CORRECTIONAL OFFICERS AND ADMINISTRATORS 12. Hiring Standards, Requirements, Practices, and Training 13. Working Conditions 14. Correctional Officer Deviance 15. Officer Pay and Workload 16. Management and Administration 17. Privatization of corrections 18. Future of Corrections

3. Introduction I. INTRODUCTION II. REFLEXIVE STATEMENT III. HOW TO IDENTIFY THE PROBLEMS IV. SOLUTIONS TO PROBLEMS

4. Introduction continued I. INTRODUCTION II. REFLEXIVE STATEMENT A. Limitations of traditional texts on corrections.   B. Most prison research and writing tends to reflect the language and special interests of the correctional bureaucracy. C. Complicated and distracting statistical analysis  D. Until recently shortage of well done qualitative research   E. Misinterpreting my motives.   F. Large perceptual gaps   G. Criticism by critical criminology colleagues

5. Introduction continued III. HOW TO IDENTIFY THE PROBLEMS A. Introduction B. Micro Level 1. Key Facility Report 2. Administrative Remedy Report 3. Prisoner complaints 4. Performance evaluations 5. Anecdotal or confirming evidence C. Macro Level 1. Journal articles 2.Content analyses of news media 3.Social indicators 4. Community forum 5. Survey

6. Introduction continued IV. SOLUTIONS TO PROBLEMS A. The problem of unintended consequences B. Survey end users (sample of convenience) C. Problems for convicts and correctional facilities, and the other difficulties encountered by correctional officers and administrators. D. Relevance of social justice E. Best practices approach F. Missing subject matter G. Terminology H. Corrections as a global problem

7. CHAPTER 1What Is Corrections and What Are Its Problems? I. Introduction II. Relevant Statistics III. Why has this Occurred? IV. What has been the Response? V. Crime and Corrections as Social Problems VI. A Short History of Corrections in the United States VII. Current Goals of Incarceration

8. Chapter 1 continued.. I. INTRODUCTION A. Corrections: “the institutions, policies, procedures and other nuts and bolts of the system” B. Difference between institutional corrections and community corrections C. Three basic objectives of corrections: punishment, community safety, and rehabilitation D. Fourth objective: deterrence E. Difference between jails and prison F. Difference between State DOCs and FBOP

9. Chapter 1 continued II. RELEVANT STATISTICS 6.48 million under control of criminal justice system 2.3 million behind bars 4.16 million out on probation 784,000 on parole

10. Chapter 1 continued… III. WHY HAS THIS OCCURRED? Reasons to account for the increase in the number of people being sentenced to jails and prisons: 1. The construction of new facilities; 2. Sentencing guidelines (particularly “truth in sentencing” legislation, mandatory minimums, and determinant sentencing); 3. New laws (e.g., “three strikes you’re out” legislation);1 and, the most important, 4. The war on drugs. These factors include several ironies. What are the ironies?

11. What are the ironies? A. Most incarcerated are there because of non-violent drug-related crimes B. Meanwhile violent criminals in MR states released back into the community when sentence is completed. C. Most inmates that are released come out worse than they were before incarceration. D. Incarceration does not decrease crime in neighborhood. E. Despite the United States professing human rights, it incarcerates more people than previous authoritarian regimes of Soviet Union and Apartheid South Africa.

12. Chapter 1 continued.. IV. WHAT HAS BEEN THE RESPONSE? A. Reiman’s The Rich Get Richer and the Poor Get Prison. B. Critical Criminological Approach “Questioning, challenging and examining all sides of various problems and issues…delves under the surface of punishment to explore corrections at greater depths… it dispels many myths and misconceptions…” (Welch, 1996: 6).

13. Chapter 1 continued V. CRIME AND CORRECTIONS AS SOCIAL PROBLEMS Corrections in America in and of its self is a problem Why? Our overreliance on jails and prisons The way we incarcerate people The existence of a Correctional Industrial Complex

14. Chap 1 continued VI. A Short History of Corrections A. Shaming deviants and lawbreakers B. Walnut Street Jail C. Silent and Separate (Penn. State) D. Silent and Congregate (New York State) E. The Big House F. Brockaway’s Reformatory G. 1960s and the prominence of community corrections H. War on Drugs I. Supermax prisons

15. Chapter 1 continued VII. CURRENT GOALS OF INCARCERATION A. More punitive B. Meanwhile additional challenges face the American correctional system. 1. The events of 9/11 2. Correctional workers are increasingly leaving the profession for a variety of reasons. 3. Whereas jails and prisons are supposed to punish convicts, keep the community safe, and rehabilitate inmates, rehabilitation is rarely attempted when resources are scarce.

16. Chapter 2Misrepresenting Prisons I. INTRODUCTION II. IMPORTANCE OF MYTHMAKING ABOUT CRIME, CRIMINAL JUSTICE, AND CORRECTIONS III. WHAT ARE THE MYTHS? IV. HOW ARE MYTHS CREATED? V. WHAT ARE THE EFFECTS OF CRIME MYTHS CONCERNING CORRECTIONS? VI. WHO PERPETRATES THE MYTHS VII. WHY ARE MYTHS ABOUT CORRECTIONS SUCCESSFUL? VIII. CONTRIBUTION OF CULTURAL INDUSTRIES IX. SOLUTIONS

17. Misrepresenting Corrections I. INTRODUCTION II. IMPORTANCE OF MYTHMAKING ABOUT CRIME, CRIMINAL JUSTICE, AND CORRECTIONS III. WHAT ARE THE MYTHS?

18. Misrepresenting Prisons… V. WHAT ARE THE EFFECTS OF CRIME MYTHS CONCERNING CORRECTIONS? VI. WHO PERPETRATES THE MYTHS VII. WHY ARE MYTHS ABOUT CORRECTIONS SUCCESSFUL?

19. Misrepresenting Prisons... VIII. CONTRIBUTION OF CULTURAL INDUSTRIES A. Fashion B. Advertising C. Music D. Fictional Treatments E. Documentaries F. Television G. Motion Pictures H. News Media

20. Misrepresenting Prisons... IX. SOLUTIONS

21. CHAPTER 3Misuse of Jails I. INTRODUCTION II. FUNCTIONS OF JAILS III. EXPERIENCING JAIL IV. SOLVING THE PROBLEM V. CONCLUSION

22. Misuse of jail… I. INTRODUCTION A. The distribution of jails B. Typical persons who go to jails C. Difference between a holding cell and jail

23. Misuse of jails continued… II. FUNCTIONS OF JAILS Jails have approximately ten interrelated functions: 1. “receive individuals pending arraignment and hold them awaiting trial, conviction, or sentencing”; 2. “readmit probation, parole, and bail-bond violators and absconders”; 3. “temporarily detain juveniles pending transfer to juvenile authorities”; 4. “hold mentally-ill persons pending their movement to appropriate health facilities”; 5. “hold individuals for the military, for protective custody, for contempt, and for the courts as witnesses”; 6. “release convicted inmates to the community upon completion of their sentence”; 7. “transfer inmates to Federal, State, or other authorities”; 8. “house inmates for Federal, State, or other authorities because of crowding of their facilities”; 9. “relinquish custody of temporary detainees to juvenile and medical authorities”; and 10. “hold inmates sentenced to short terms (generally under 1 year)” (Gilliard, 1999).

24. Misuse of jails…. III. EXPERIENCING JAIL A. Introduction/holding cells B. Lack of Privacy C. Poorly Trained and Paid Personnel D. Overcrowded, Unsafe, and Unsanitary Conditions E. Inedible Food F. Poor Medical Care G. Conclusion

25. Misuse of jails continued… IV. Solving the Problem A. Improving the Physical Structure B. Accreditation C. Legal Suits D. Preventing Those Charged from Spending Time in Jail

26. Misuse… D. Preventing Those Charged from Spending Time in Jail 1. Economic Sanctions 2. Diversion 3. Bail 4. Non-financial Pre-trial release programs 5. Probation 6. Boot Camps

27. Misuse… I. INTRODUCTION What are the alternatives to incarceration? Preventing individuals who are arrested, charged, and convicted of criminal offences from entering into jails and prisons and expediting those who are incarcerated to be released. Mostly Community-based Corrections

28. Misuse… II. Economic Sanctions (fines, community service, restitution) Fine: Financial payment made to the courts and/or judge as a sanction in criminal matter. Community Service: Individual convicted of a crime performs some sort of work that will benefit the neighborhood, town, or city where the crime was committed. Restitution: Where person convicted of a crime is required to pay money or provide a service directly to the victim.

29. Misuse… III. Diversion: Minimizes or prevents those accused of a relatively minor crime from being formally charged and/or processed by the criminal justice system. 2. Two types: conditional and unconditional 3. Drug courts 4. Alternatives to diversion 5. Problems with diversion

30. Misuse… III. Pretrial Release (i.e., bail, prebooking alternatives, and post booking releases) Individual is released from custody in advance of their trial on bail or “on their own recognizance”

31. Misuse… A. Bail: The surety necessary to ensure a defendant appears in court. Surety might be cash, bond or property, such as a car, boat, camper or home. Enables the accused to be temporarily released from custody as long as they exchange surety to ensure their return to court at a later point in time. • Bail Bondsmen • Problems with bail • Bail Reform • Deposit Bail

32. Misuse… V. Probation A. Definition: person convicted of the crime is given a jail sentence, but it is suspended if they comply with certain conditions while out in the community. B. Objectives C. History of Probation D. Sentencing Guidelines and Probation

33. Misuse… Boot Camps: (separate from larger state correctional facilities, are designed to house inmates from 90 to 180 days. They involve a military or paramilitary regimen, including physical exercise and academic courses to obtain their GED) VI. Parole: An inmate is released from jail or prison and must adhere to curtain conditions (e.g., obtain employment, remain crime free, subjected to drug tests) etc. otherwise s/he will be rearrested and reincarcerated.

34. CHAPTER 4Underfunding I. INTRODUCTION II. GROWTH IN CORRECTIONAL SPENDING III. REVENUE ENHANCEMENT IV. LEGAL CHALLENGES V. THE PRIVATIZATION OF PRISONS AS A SOLUTION VI. CONCLUSION

35. Underfunding continued…. II. Growth in Correctional Spending A. Introduction B. Jails become the leaders in expenditures C. Available Options 1. Front-End Options 2. Back-End Options 3. Capacity Expansion 4. Cost Minimization Strategies while increasing the number of correctional facilities 5. Development of Cost Minimization Strategies

36. Underfunding continued…. II. Revenue Enhancement A. Taft-Hartley Act (1947) B. PIE III. Legal Challenges Bell v Woolfish (1979) IV. The Privatization of Prisons as a Solution VI. Conclusion

37. CHAPTER 5Prison Conditions I. INTRODUCTION II. HEALTH CONDITIONS A. Introduction B. Noise/Hearing Loss C. Asbestos poisoning D. Lung Cancer E. Tuberculosis F. Hepatitis G. AIDS H. Solutions to poor health conditions

38. Prison Conditions… III.POOR FOOD A. Cafeteria/Canteen/Mess Hall Food B. Solutions to poor food

39. Prison Conditions…. IV. PHYSICAL VIOLENCE A. Introduction B. Violence by Convicts Against Themselves/Self-Inflicted Violence 1.The Problem 2. Solutions for Suicidal Prisoners C. Violence by Convicts Against Other Prisoners and Correctional Personnel 1. Introduction 2. Assaults 3. Disturbances 4. Rebellions 5. Riots 6. Weapons 7. Solutions to violence

40. Prison Conditions… D. Correctional Officer Violence A. The Problem B. Solutions Passive Aggressive Behavior E. Gangs A. Joining a Gang B. How they Work C. Solutions F. Sexual Assault 1. Solutions i. Conjugal Visits ii. Furloughs

41. Prison Conditions… G. Supermax Prisons as a Solution Definition: “stand-alone correctional institutions, or wings or annexes inside an already existing prison…known for their strict lockdown policies, lack of amenities, and the use of prisoner isolation techniques” (Ross, p. 95). 1. Research on Supermax prisons 2. History of Supermax prisons 3. Number of convicts in Supermax facilities 4. Conditions of confinement 5. Effects of Supermax incarceration 6. Cracks in the armour 7. Prison litigation

42. Prison Conditions VI. CONCLUSION

43. CHAPTER 6Classification/Risk Assessment I. INTRODUCTION II. THE PROCESS III. FBOP PRISONER CLASSIFICATION IV.THE PROBLEMS WITH CLASSIFICATION V. SOLUTIONS VI. CONCLUSION

44. Classification …. I. INTRODUCTION The process by which prison systems determine which correctional facilities and security levels inmates should be sent. Factors which determine this process II. THE PROCESS A. It varies from DOC to DOC B. Intake C. Decision-making

45. Classification… III. FBOP PRISONER CLASSIFICATION A. Classification levels B. Central Inmate Monitoring System

46. Classification… IV. PROBLEMS WITH CLASSIFICATION A. Overcrowding Frustrates the Process B. Institutional job detail takes precedence C. Women Prisoners Suffer the Most D. Quantitative Measures are poor indicators E. Inmate Files are incomplete F. Participation in prison programs is a poor indicator G. Disciplinary Reports are often circumspect H. Classification may be used for unofficial purposes.

47. Classification… V. SOLUTIONS A. Have prisoners actively participate in process B. Hire more qualified personnel C. Increase the number of corrections professionals responsible for classification D. Provide enough time for professionals to properly investigate each case E. Increase the pay for classification officers. VI. CONCLUSION

48. CHAPTER 7Special Populations I. INTRODUCTION II. LESBIAN, GAY, BISEXUAL TRANSGENDER INMATES III. MENTALLY ILL INMATES IV. THE GRAYING PRISON POPULATION V. HIV/AIDS VI. WOMEN VII CONCLUSION

49. Special Populations… II. Lesbian, Gay, Bisexual, and Transgender Inmates A. Challenges B. Solutions

50. Special Populations…. III. MENTALLY ILL A. Problems 1. Are they really a unique problem? 2. How many of them are there in the correctional system? 3. Are their numbers increasing? 4. Problems with the mentally ill in our correctional facilities B. Solutions 1. Why it depends 2. Shifting to secured facilities