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Kenan-Flagler Business School
ASCA Emerging Issues
NC Dept of Correction
June 2011
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Emerging Issues
Daily
Smoldering
Explosive
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Emerging Issues
Supreme Court Decision
Brown v. Plata
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Brown v. Plata
Prison Litigation Reform Act (PLRA)
First, a court must find by clear and convincing evidence that crowding is the primary cause of a violation of a federal right.
Second the court must find that no other relief will remedy the violation of that federal right.
Third, the court’s remedy must be “narrowly drawn” and “extend[] no further than necessary to correct the violation” through the “least intrusive means necessary.”
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PRLA
A court previously entered an order for less intrusive relief and that failed to correct the problem within a reasonable amount of time.
The order was issued by a three-judge court convened expressly for that purpose.
The relief ordered was “narrowly drawn” and “extended no further than necessary to correct the violation” using the “least intrusive means necessary.”
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Brown v. Plata
Justice Kennedy noted:
“Prisoners are crammed into spaces neither designed nor intended to house inmates. As many as 200
prisoners may live in a gymnasium, monitored by as few as two or three correctional officers. … As many
as 54 prisoners may share a single toilet.”
“A prison that deprives prisoners of basic sustenance, including adequate medical care, is incompatible with
the concept of human dignity and has no place in civilized society.”
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More Brown v. Plata
Justice Alito:“The three-judge court ordered the premature release of
approximately 46,000 criminals — the equivalent of three Army divisions.”
“…particular prisoners received shockingly deficient medical care…such anecdotal evidence cannot be
given undue weight.” He referenced the sheer size of California’s prison system and stated that at its height it was “larger than that of many medium-sized cities” like Bridgeport, Conn.; Eugene, Ore.; and Savannah,
Ga.
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Emerging Issues
BUDGET
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Emerging Issues
Inmate Medical Costs
$$$
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Emerging Issues
CensusDate
Inmates 40+ years old
6/30/05 25.4%
6/30/06 26.9%
6/30/07 28.5%
6/30/08 30.1%
6/30/09 31.6%
5/30/10 36.8%
Inmate Population Trends
Inmates by age group 5/30/10
3.3%29.3%
30.7%
23.7%
13.1%
19 & Under 20-29 30-39 40-49 50+
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Emerging Issues
Inmate Medical CostsInmate Medical Costs
$$$$$$
70% mandate/Medicaid rate Hospital Access
Medicaid Eligibility Preferred drug list
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Emerging Issues
Privatization
Medical
Probation
Maintenance
EHA
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Emerging Issues
JUSTICE REINVESTMENT
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Justice Reinvestment
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Emerging Issues
Re-entry and Transition Planning
1) Assessment and case planning
2) Interventions based in work, program, and treatment activities
3) Transition preparation and planning for release back into the community
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Emerging Issues
Targeting Limited Resources
Offender Risk and Needs Assessment Offender Accountability Report (OAR)
Web Based Case Planning
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Emerging Issues
Sex Offender Supervision
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Emerging Issues
TECHNOLOGY
Cell Phones Inmate Email Video Visits
Cashless Canteens Remote Reporting
Web-based Case Management Telemedicine
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Emerging Issues
Social Media
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Emerging Issues
http://www.youtube.com/user/NCDeptofCorrection
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Emerging Issues
Media/Data Requests
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Court Case in the Media
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Emerging Issues
Other Issues
