Chapter 13Chapter 13Prison Issues and Concerns:Prison Issues and Concerns:Overcrowding, Security, Overcrowding, Security, Accreditation, Privatization, and Accreditation, Privatization, and Technology Technology

McGraw-Hill/Irwin © 2013 McGraw-Hill Companies. All Rights Reserved.

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OvercrowdingOvercrowding

Over the past 25 years, prison population Over the past 25 years, prison population has increased six fold—from 240,000 to has increased six fold—from 240,000 to more than 1.6 million. more than 1.6 million.

On January 1, 2010, state prisons were On January 1, 2010, state prisons were operating between full capacity and 40 operating between full capacity and 40 percent above capacity, while federal percent above capacity, while federal prisons were operating at 36 percent prisons were operating at 36 percent above capacity. above capacity.

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OvercrowdingOvercrowding

That would suggest that as many as That would suggest that as many as 562,249 (40 percent) of the 1,405,622 562,249 (40 percent) of the 1,405,622 persons held in state prison and 74,922 persons held in state prison and 74,922 (36 percent) of the 208,118 persons held (36 percent) of the 208,118 persons held in federal prison were housed in in federal prison were housed in overcrowded centers.overcrowded centers.

Eliminating the present overcrowding Eliminating the present overcrowding would require building 425 new prisons, would require building 425 new prisons, each at a cost of $75 million dollarseach at a cost of $75 million dollars

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Reasons for OvercrowdingReasons for Overcrowding

A continuous increase in the number of people sent to prison

Offenders now serve larger portions of their sentences

Many incoming prisoners are drug users, not the dealers the tougher laws were designed to capture

The “prison industrial complex” trend

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Controlling OvercrowdingControlling Overcrowding

Reduce the number of people sent to prison Release the less dangerous to make room

for the more dangerous Change confinement sentences to

community- related sentences Increase the number of releases Expand existing prison capacity or build

new prisons Implement structured sentencing

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Key TermsKey Terms

Structured Sentencing: a set of guidelines for determining an offender’s sentence

Exchange Rates: an approach to sentencing that emphasizes interchangeability of punishments; for example, three days under house arrest might be considered equal to one day of incarceration

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Consequences of OvercrowdingConsequences of Overcrowding idleness drug trafficking predatory sexual

behavior safety risks gang confrontations arguments fights murders suicides riots medical and mental

health problems

staff turnover stress decreases in program

opportunities judicial intervention in

prison management fines for operating

above capacity excessive wear and

tear on facilities and equipment

negative publicity higher rates of

recidivism

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Prisons Under Court OrderPrisons Under Court Order

In 2005, fewer federal, state and private prisons were under a court order to correct one or more conditions of confinement than in 2000.

Prisons under court order or consent decree for specific conditions declined from 320 (in 2000) to 218 (in 2005).

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Prison GangsPrison Gangs

The current term for prison gangs is security threat groups (STGs) Some estimates put them at 15% of the

overall jail and prison population

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Security Threat Group

An inmate group, gang, organization, or association that has a name or identifying signs, colors, or symbols and whose members or associates engage in a pattern of gang activity or departmental rule violation so as to pose a threat to the staff, to the public safety, to the secure and orderly operation of a correctional institution, or to other inmates

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The Six Major STGsThe Six Major STGs

The Aryan Brotherhood The Black Guerilla Family The Mexican Mafia La Nuestra Familia Neta The Texas Syndicate

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Prison Riots and DisturbancesPrison Riots and Disturbances

Disturbance – an altercation involving three or more inmates, resulting in official action beyond summary sanctions and for which there is an institutional record

Riot – any action by a group of inmates that constitutes a forcible attempt to gain control of a facility or area within a facility

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Notorious RiotsNotorious Riots

1971 Attica Correctional Facility 43 lives lost

1980 Penitentiary of New Mexico in Santa Fe 33 inmates were tortured, dismembered,

decapitated, burned alive, and killed by fellow inmates

1993 Southern Ohio Correctional Facility Longest prison riot in U.S. history (11 days) 9 inmates and 1 correctional officer killed

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Reasons For RiotsReasons For Riots

Random chance Bad conditions Rebellious inmates and racial antagonism Institutional structure and readiness Administrative factors such as prison

management and administration

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Preventing Riots Preventing Riots

Formal inmate grievance procedures Ombudsmen to mediate disputes Improved classification system Smaller institutions Meaningful prison school and work

programs

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Preventing Riots - Preventing Riots - ContinuedContinued

Alternatives to incarceration Professional, well-trained, and well-paid

correctional staff Administrators who are visible and

available to staff and inmates Clearly written and understood policies on

the use of force when necessary

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ContinuedContinued

The American Correctional Association The American Correctional Association (ACA) recorded a decrease in prison (ACA) recorded a decrease in prison disturbances from 2,674 in 2000 to disturbances from 2,674 in 2000 to 405 in 2006 and reported a similar 405 in 2006 and reported a similar decrease in riots from 2000 to 2006.decrease in riots from 2000 to 2006.

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Supermax HousingSupermax Housing

A free-standing facility, or a distinct unit within a facility, that provides for management and secure control of inmates who have been officially designated as exhibiting violent or serious and disruptive behavior while incarcerated

Supermax prisons house the most violent, disruptive, and recalcitrant offenders whose behavior in prison makes them ineligible for confinement in the general prison population

First supermax housing facility opened by the BOP was Florence, Colorado in 1994

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Administrative MaximumAdministrative Maximum

Officially known as Administrative Officially known as Administrative Maximum—ADX, the prison houses Maximum—ADX, the prison houses the 450 most dangerous, violent, the 450 most dangerous, violent, escape prone, and STG federal escape prone, and STG federal inmate leaders. More than 25 inmate leaders. More than 25 percent will never be released from percent will never be released from federal custody and will remain in federal custody and will remain in confinement for the rest of their confinement for the rest of their lives.lives.

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AlcatrazAlcatraz Opened in 1939; the first federal specialized

housing unit for management and control of troublesome inmates

Housed the most violent and disruptive inmates in indefinite solitary confinement

Did not offer any treatment programs Its sole purpose was to incarcerate and punish

the federal prison system’s most desperate criminals and worst troublemakers

“America’s Devil’s Island” Closed in the early 1960s by U.S. Attorney

General Robert Kennedy

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Supermax Prisons - Supermax Prisons - ContinuedContinued Supervision in Supermax units is personnel-

intensive and very costly Supermax inmates typically spend all but 90

minutes per day in their cells Physical restraints are used for all movements,

which normally are only to the exercise area and showers

Debate rages as to the effectiveness of Supermax facilities

Critics denounce the adverse effect of giving and receiving such harsh treatment on both staff and inmates

Proponents cite enhanced safety and the provision of much-needed control over the “worst of the worst”

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““No Frills” Prisons and JailsNo Frills” Prisons and Jails

Correctional institutions that take away prisoner amenities and privileges

Evolved in response to erroneous public perceptions that inmates live in relative comfort while incarcerated A 1995 NBC television poll found that 82% of

Americans felt that prison life was too easy Proponents claim reduced amenities and

privileges make the prison experience more punitive and less tolerable, which is merely what the convicted offenders deserve

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““No Frills” Prisons and JailsNo Frills” Prisons and Jails- - ContinuedContinued

Federal No-Frills Prison Act of 1996 Citizens’ support for prisoner amenities From 1998 to 2002 more states decreased inmate privileges and amenities Legislators’, wardens’, corrections experts’, and attorneys’ views on “no-frills” prisons and jails

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Accreditation Accreditation Improves staff training and development Assesses program strengths and

weaknesses Is a defense against lawsuits Establishes measurable criteria for

upgrading operations Improves staff morale and professionalism Offers a safer environment for staff and

offenders Reduces liability insurance costs Offers performance-based benefits

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Accreditation - Accreditation - ContinuedContinued

More than 500 of the 2,236 state, federal, More than 500 of the 2,236 state, federal, and private prisons and 129 of the 3,365 and private prisons and 129 of the 3,365 local jails have been awarded ACA local jails have been awarded ACA accreditation. States also offer accreditation. States also offer accreditation. As of February 2, 2011, accreditation. As of February 2, 2011, 622 of the 2,236 state, federal, and 622 of the 2,236 state, federal, and private adult correctional institutions and private adult correctional institutions and 131 of the 3,365 local adult detention 131 of the 3,365 local adult detention facilities have been awarded ACA facilities have been awarded ACA accreditation.accreditation.

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Accreditation - Accreditation - ContinuedContinued

Traditionally, correctional agencies Traditionally, correctional agencies have sought accreditation for one of have sought accreditation for one of three reasons: first, to ensure that three reasons: first, to ensure that the organization is in compliance the organization is in compliance with national standards; second, to with national standards; second, to demonstrate to interested parties demonstrate to interested parties that the organization is operating at that the organization is operating at acceptable professional levels; and acceptable professional levels; and third, o comply with court orders.third, o comply with court orders.

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Privatization Privatization

A contract process that shifts public functions, responsibilities, and capital assets, in whole or in part, from the public sector to the private sector

First U.S. prison to be constructed and operated by a private provider was San Quentin in the 1850s

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Types of Privatization Types of Privatization

Contracting out specific services such as educational and vocational programming, medical and mental health services, food preparation, maintenance, and others

Full-scale private management of jails and prisons

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Privatization - Privatization - ContinuedContinued

The Debate: Proponents for privatization

argue in favor of competition Opponents argue against

privatization on philosophical grounds

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Privatization - Privatization - ContinuedContinued

Future Trends: An increase in private prisons. The number of companies

operating privatized prisons is likely to decrease as competition and the costs of doing business increase.

Important inroads can be expected for the geriatric inmate population.

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TechnocorrectionsTechnocorrections Technologies as electronic mail and

messaging, electronic bulletin boards, and web-based organizational home pages that have improved internal communications within correctional institutions, and institutional communications with supporting agencies

Videoconferencing and telemedicine facilitate tremendous savings by reducing travel expenses

Further, they reduce absences of key personnel from the institution, thereby maintaining supervisory presence and availability in the event a crisis develops

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Problems for CorrectionsProblems for Corrections

In 2010, the number of cell phones In 2010, the number of cell phones confiscated by officials was 9,000 in confiscated by officials was 9,000 in California and about 1,200 in Texas.California and about 1,200 in Texas.

In December 2010, Georgia prisoners used In December 2010, Georgia prisoners used cell phones to coordinate work stoppages cell phones to coordinate work stoppages with inmates at other prisons.with inmates at other prisons.

In August 2010, President Obama signed a In August 2010, President Obama signed a bill making inmate possession of a cell bill making inmate possession of a cell phone or a wireless device in federal phone or a wireless device in federal prison a felony punishable by up to a year prison a felony punishable by up to a year of additional sentence.of additional sentence.

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Enhancements Due to Enhancements Due to TechnocorrectionsTechnocorrections

Tracking of inmates and staff through remote-location monitoring

Detection of escape attempts by means of ground-penetrating radar and heartbeat monitoring

Internal security through the use of biometric scan technology

Physical security searches through the use of magnetic resonance scanning and x-rays