Section I

1. Section I Corrections Past and Present

2. Chapter 1 History of Corrections

3. 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.

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. Punishment in the American Colonies (cont.) • 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

12. Punishment in the American Colonies (cont.) • 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

13. Punishment in the American Colonies (cont.) • 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.

14. Punishment in the American Colonies (cont.) • 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.

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. The Medical Model • Three components • Diagnosis • Evaluation • Treatment • Proper classification was important • Wardens and superintendents had a hard time accepting this new “gentle” incarceration

23. 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

24. 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

25. 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

26. 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

27. 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

28. Chapter 2 American Jails

29. 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.

30. 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

31. 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

32. 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

33. 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.

34. 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

35. 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

36. 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

37. 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

38. 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

39. 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

40. 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

41. 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

42. 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

43. 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

44. 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

45. 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

46. Growth of Jail Populations (cont.) • 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

47. 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

48. Growth of Jail Populations (cont.) • 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

49. Growth of Jail Populations (cont.) • 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

50. 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