Justice Administration Police, Courts, and Corrections Management

Transcription

1 Justice Administration Police, Courts, and Corrections Management EIGHTH EDITION CHAPTER 10 Corrections Organization and Operation

2 Declining Prison Populations U.S. prisons hold nearly 1.5 million adult prisoners a number that has been declining since According to experts, the hard-nosed, punitive crime policies that began in the early 1980s are being eliminated. Marijuana is being increasingly decriminalized. Stiff sentences for repeat offenders that were in effect in a number of states are being eased. Six states have abolished the death penalty since Why this philosophical shift? Dwindling public resources. Extreme punishment policies of past several decades have largely failed.

3 TABLE 10-1 Prison Populations in the United States

4 General Mission and Features Correctional organizations utilize two distinct yet related management subsystems to achieve their goals: One is concerned primarily with managing correctional employees. The other is concerned primarily with delivering correctional services to a designated offender population. Their mission is to protect the citizens from crime by safely and securely handling criminal offenders while providing offenders some opportunities for selfimprovement and increasing the chance that they will become productive and law-abiding citizens.

5 Prisons as Organizations Central office The state's central organization that oversees its prison system and programs, such as security, education, religious services, mental health, and unit management. Prison director The person who sets policy for all wardens and prisons to follow in terms of management and inmate treatment

6 FIGURE 10-2 Organizational Structure for a Maximum Security Prison

7 Individual Prisons Reporting to the warden are deputy or associate wardens. Each supervises a department within the prison. Custody and treatment are not either/or in correctional organizations; rather, they are complementary. Treatment programs cannot flourish if security is weak and staff and inmates work and live in chronic fear and danger. However, the overriding concern in a prison or jail is security - which must be maintained so that programs can be implemented. Programs are generally supported by staff, especially those that address inmate deficiencies such as lack of education and job skills as well as substance abuse.

8 Unit Management Concept The unit management concept originated in the federal prison system in the 1970s. Now is used in nearly every state to control prisons by providing a "small, self contained, inmate living and staff office area that operates semi-autonomously within the larger institution." Units are usually composed of 200 to 300 inmates.

9 Rise of the Supermax Prisons Supermax prisons Institutions providing the most secure levels of custody in prisons, with long-term, segregated housing for inmates who represent the highest security risks Now in more than 40 U.S. states. ADX, located in Florence, Colorado, is the only federal supermax prison in the country; the others are state prisons. Given the high degree of isolation and lack of activities, a major concern voiced by critics of supermax facilities is their social pathology and potential effect on inmates' mental health.

10 Constitutionality Because of their relatively recent origin, the constitutionality of supermax prisons has been tested in only a few cases. Most of the challenges assess the harms done by extreme social isolation. Madrid v. Gomez, in 1995 Ruiz v. Johnson, in 1999 Jones'El v. Berge, in 2004 Given the negative psychological effects of many forms of long-term supermax confinement, researchers such as Haney believe that there is a strong argument for limiting the use of supermax prisons.

11 Constitutional Rights of Inmates Historically, courts took a hands-off policy Judges believed they had neither training nor knowledge concerning penology, thus allowing wardens the freedom to operate prisons as they saw fit. Beginning in the mid-1960s, a change of philosophy occurred in the courts regarding prisoners' rights, because prison inmates now retain all the rights of free citizens except those restrictions necessary for their orderly confinement and safety.

12 In the Beginning: A "Slave of the State" Ruffin v. Commonwealth (1871) The Virginia Supreme Court held that a prisoner "had not only forfeited his liberty, but also all his personal rights Turner v. Safley (1987) The Supreme Court began using "compelling state interest," "least restrictive means," and "rational relationship standards to determine whether prison regulations and laws violate constitutional rights of inmates. Cooper v. Pate (1964) The Supreme Court first recognized the use of Title 42 of the United States Code Section 1983 as a legal remedy for inmates continued on next slide

13 Legal Remedy and Access to the Courts Johnson v. Avery (1969) Granted inmates the right of access to the courts without being punished for it. Bounds v. Smith (1977) The Court said prisoners have a constitutional right to adequate law libraries or assistance from persons trained in the law. Cruz v. Beto (1972) Granted inmates right to exercise their religious beliefs Procunier v. Martinez (1974) Restricted prison mail censorship regulations

14 Fourth Amendment Bell v. Wolfish (1979) Concerned the rights of pretrial detainees housed in local jails; the Court in effect said that jail officials may run their institutions the same way prisons are managed. Estelle v. Gamble (1976) The first major prison medical treatment case; the Court said prisons cannot demonstrate deliberate indifference toward inmates medical needs of prisoners, or inflict the unnecessary and wanton infliction of pain. continued on next slide

15 Fourteenth Amendment Wolff v. McDonnell (1974) For the first time, the Supreme Court acknowledged that inmates are entitled to certain due process rights "fundamental fairness" during prison disciplinary proceedings The Court said, "There is no iron curtain drawn between the Constitution and the prisons of this country, a prisoner is not wholly stripped of constitutional protections, and prisoners must be given due process rights Advance written notice of charges; ability to call witnesses and to present documentary evidence in the inmate's defense; use of counsel substitutes; an impartial prison disciplinary board continued on next slide

16 Civil Rights of Institutionalized Persons Civil Rights of Institutionalized Persons Act (CRIPA) A federal law protecting the rights of people in state or local correctional facilities who are mentally ill, disabled, or handicapped. Juveniles are also covered, to be free from violent residents and abusive staff members and not be excessively isolated or unreasonably restrained.

17 Inmate Litigation Frivolous lawsuit An action filed by a party or attorney who is aware it is without merit, due to a lack of legal basis or argument for the alleged claim The PLRA (1996) has four main parts: Exhaustion of administrative remedies Filing fees Three-strikes provision Physical injury requirement

18 Jails as Organizations About 2,850 local jails are administered, housing about 745,000 inmates. Direct supervision jail Cells are arranged in podular fashion, have an open dayroom area, COs are close to/interact with inmates. Continues to be adopted as a design style and management philosophy in large and small jurisdictions across the United States. Inmates are separated into relatively small groups (usually 50 or fewer), housed in self-contained living units including several one- to two-person cells, a day room, and recreation space.

19 Probation and Parole Agencies as Organizations Community corrections originated in the years following World War II, when returning veterans encountered adjustment problems as they attempted to re-enter civilian life. It has also been stated that community corrections is "the last bastion of discretion in the criminal justice system. Community corrections are typically viewed as a humane, logical, and effective approach for working with and changing criminal offenders. Today there are about 4.8 million adults under community supervision in the United States 3.97 million who are on probation and about 850,000 on parole.

20 Agency Organization Adult probation: 64% of agencies are under the executive branch, and 26% are under the judicial branch Adult parole (86%) of the state agencies are organized under the executive branch, and (4%) are under the judicial branch; (8%) are either a combination of these or under a state or county agency; one state has abolished parole. Probation and parole officers do not possess peace officer authority in 24 (48%) of the states, while they are authorized such powers in 26 (52%) states. 18 states (36%) do not authorize their officers to carry arms, while 19 (38%) do so authorize.

21 Probation Systems Administration of probation systems has six categories. 1. Juvenile. Probation services for juveniles are administered on a county, municipal, or state level. 2. Municipal. Probation units are administered by the lower courts under state laws and guidelines. 3. County. Under laws and guidelines established by the state, a county operates its own probation agency. 4. State. One agency administers a central probation system, which provides services throughout the state. 5. State combined. Probation and parole services are administered on a statewide basis by one agency. 6. Federal. Probation is administered as an arm of the federal courts.

22 Parole Systems Parole Where an offender is conditionally released from prison to serve the remaining portion of a criminal sentence in the community Much less complex than probation because parole services are administered centrally on a statewide basis. A parole agency can provide three basic services: parole release, parole supervision, and executive clemency. In a number of states that have abolished parole release, parole officers continue to supervise offenders released by the prison on good time (reduction of sentence through good behavior).