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  1. CHAPTER 13 • Prisons and Jails

  2. Prisons • A prison is a state or federal confinement facility that has custodial authority over adults sentenced to confinement. • The use of prisons as a place to serve punishment is a relatively new way to handle offenders.

  3. Early Punishments • Were often cruel and torturous: • Generally fit the doctrine of lex talionis: • Law of retaliation • “An eye for an eye”

  4. Early Punishments Early forms of punishment included: • Flogging • Mutilation • Branding • Public humiliation • Workhouses • Exile

  5. The Emergence of Prisons • It is unknown when the first prison was established. • Punitive imprisonment noted in Europe in the Middle Ages. • American prisons began in the late 1700s. • Early confinement facilities stressed reformation over punishment.

  6. Stages of Prison Development in the United States

  7. The Penitentiary Era 1790--1825 • Philadelphia Penitentiary begun by Quakers for humane treatment of offenders. • Rehabilitation through penance (solitary confinement and Bible study). • Known as the “Pennsylvania System.”

  8. The Mass Prison Era 1825--1876 • Auburn Prison (New York) featured group workshops and silence enforced by whipping and hard labor. • This Auburn system was the primary competitor to the Pennsylvania system.

  9. The Reformatory Era 1876--1890 • The reformatory style was based on the use of the indeterminate sentence. • Elmira Reformatory attempted reform rather than punishment. • Used a system of graded stages • Gave way to the system of “parole.” • Ultimately considered a failure, since recidivism was still a problem.

  10. The Industrial Era 1890--1935 • Prisoners used for cheap labor in the era of the industrial prison. • Six systems of inmate labor: contract system, piece-price system, lease system, public account system, state-use system, and public works system. • Labor unions complained that they could not compete. • The passage of the Hawes-Cooper Act and Ashurst- Sumners Actlimited inmate labor.

  11. The Punitive Era 1935--1945 • Characterized by belief that prisoners owed a debt to society. • Custody and institutional security the central values. • Few innovations.

  12. The Treatment Era 1945--1967 • Medical model suggested inmates were sick and needed treatment. • Most treatments include individual or group therapy. • Other forms of therapy include: • Behavior therapy • Chemotherapy • Neurosurgery • Sensory deprivation • Aversion therapy

  13. The Community-Based Era 1967--1980 • Based on premise that rehabilitation cannot occur in isolation from the real world. • Prisons considered dehumanizing. • Led to innovations in the use of volunteers and the extension of inmate privileges. • Programs include: • Half-way houses • Work-release • Study-release

  14. The Warehousing Era 1980--1995 • Public and judicial disapproval of release programs and recidivism led to longer sentences with fewer releases. • Nothing works doctrine • Warehousing of serious offenders designed to protect society. • Prison overcrowding became widespread. • Greater emphasis on incarcerating non-violent drug offenders.

  15. The Just Deserts Era 1995--present • Based on the justice model. • Emphasis on individual responsibility and punishment. • Imprisonment is a proper consequence of criminal and irresponsible behavior. • Chain gangs, “three-strikes,” and reduced parole.

  16. Prisons Today: Numbers and Types of Prisons • Approximately • 1,325 state prisons • 84 federal prisons • On January 1, 2007, state and federal prisons held 1,525,924 inmates. Seven percent of those imprisoned were women.

  17. Prisons Today: Sentences • In state prisons: • 50.5% are violent criminals • 20.4% are property criminals • 21.4% drug law violators In federal prisons: • 55% are drug law violators

  18. Prisons Today: Race • The rate of imprisonment for African American males is seven times that of white males. • Bureau of Justice Statistics states that a black male in America has a 32.3% lifetime chance of going to prison; white males have a 5.9% chance.

  19. Prisons Today: State Usage • Use of imprisonment varies considerably between states. • Factors contributing to the variation: • Violent crime rate • Political environment • Funding for prisons • Employment rate • Percentage of African American males • Level of welfare support

  20. Prisons Today: Facility Size • The size of prisons vary. • One out of every four prisons is a large, maximum-security prison house almost 1,000 inmates. • The typical state prison is small. • It costs about $62 a day per inmate. • In 2003, it cost almost $67 billion to run the nation’s prisons and related programs.

  21. State Prison Systems 2009 Pearson Education, Inc

  22. Prisons Today: Typical System • 1 high security • 1 or more medium security • 1 for adult women • 1 or 2 for young adults • 1 or two specialized mental hospital- type security prisons • 1 or more open-type institutions The typical state prison system has:

  23. Overcrowded Prisons • Prison capacity—The size of the correctional population an institution can effectively hold. There are three types of prison capacity: • Rated • Operational • Design • Rhodes v. Chapman (1981)—Overcrowding is not by itself cruel and unusual punishment. Overcrowding is a serious issue.

  24. State and Federal Prison Population, Inmates Versus Capacity, 1980—2006 Source: Bureau of Justice Statistics, Correctional Populations in the Untied States (Washington, D.C.: various years)

  25. Selective Incapacitation • Selective incapacitation: • Is a strategy to reduce prison population. • Seeks to identify the most dangerous offenders and remove them from society. • Is reflected by career offender statutes.

  26. There are three security levels: Maximum Medium Minimum The typical American prison is medium or minimum custody. Security Levels in State Prison Systems

  27. Most maximum security institutions tend to be massive old buildings with a large inmate population, including all death row inmates. They provide a high level of security with: High fences/walls of concrete Several barriers between living area Secure cells Armed guards Gun towers Maximum Security

  28. Medium security prisons are similar in design to maximum security facilities; however, they: Usually have more windows. Tend to have barbed wire fences instead of large stone walls. Sometimes use dormitory style housing. Medium Security

  29. Medium security prisons allow prisoners more freedom, such as: Associating with other prisoners Going to the prison yard or exercise room Visiting the library Showering and using bathroom facilities with less supervision An important security tool is the count. The process of counting inmates during the course of a day. Times are random, and all business stops until the count is verified. Medium Security

  30. In minimum security prisons: Housing tends to be dormitory style. Prisoners usually have freedom of movement within the facility. Work is done under general supervision only. Guards are unarmed, and gun towers do not exist. Fences, if they exist, are low and sometimes unlocked. “Counts” are usually not taken. Prisoners are sometimes allowed to wear their own clothes. Minimum Security

  31. Classification systems determine which custody level to assign an inmate to. Assignments are based on: Offense history Assessed dangerousness Perceived risk of escape Other factors Inmates may move among the security levels depending on their behavior. Internal classification systems determine placement and program assignment within an institution. Prison Classification System

  32. The Flow of Activities in Prison Classification Systems • Source: Adapted from Patricia L. Handyman et al. Internal Prison Classification Systems Case Studies in Their Development and Implementation (Washington, D.C.: National Institute of Corrections, 2002) p. 3

  33. The Federal Prison System 2009 Pearson Education, Inc

  34. Federal Prison System • 1895—Leavenworth, Kansas—First non- military federal prison opens. • 1906—Second federal prison opens in Atlanta. • 1927—Alderson, West Virginia—First federal prison for women. • 1933—Springfield, Missouri—Medical Center for federal prisoners. • 1934—Alcatraz begins operations. History

  35. Today’s federal prison system consists of: 103 institutions 6 regional offices The Central office (headquarters) 2 staff training centers 28 community corrections offices At the start of 2006, the Federal Bureau of Prisons employed more than 35,000 people. Today’s Federal Prison System

  36. Federal BOP Facilities, 2007 Source: Federal Bureau of Prisons

  37. The Federal Bureau of Prisons (BOP) classifies its institutions according to five security levels. Administrative maximum (ADMAX) High security (U.S. penitentiaries) Medium security (federal correctional institutions) Low security (federal correctional institutions) Minimum security (federal prison camps) Additionally, there are administrative facilities, like metropolitan detention centers (MDCs) and medical centers for federal prisoners (MDFPs). Federal Prison System

  38. Federal correctional facilities exist either as single institutions or as federal correctional complexes (FCCs)—sites consisting of more than one type of correctional institution. Example: FCC at Allenwood, PA. (consists of one U.S. penitentiary and two federal correctional institutions (one low and one medium security). Federal Correctional Complexes

  39. Administrative Maximum (ADMAX) In 1995, the federal government opened its one and only ADMAX prison: • Ultra-high security • 575 bed capacity • Inmates confined to cells 23 hours per day • Inmates cannot associate with one another • Only toughest 1% of federal prison population is confined there • Holds mob bosses, spies, terrorists murderers, escape artists, etc.

  40. Federal Prison System: Administrative Facilities The federal prison system’s administrative facilities are institutions with special missions. • Metropolitan Detention Centers (MDCs) • Generally located in large cities, close to federal courthouses • Hold inmates awaiting trial (like jails) • Medical Centers for Federal Prisoners (MCFP)

  41. Improvements Improvements to our nations prisons can be found in: • Accreditation by the American Correctional Association’s (ACA) • Training though the National Academy of Corrections

  42. Jails 2009 Pearson Education, Inc

  43. Jails—Locally operated, short-term confinement facilities. Original purpose—confinement of suspects following arrest and awaiting trial. Current use—confinement of those convicted of misdemeanors and some felonies, as well as holding suspects following arrest and awaiting trial. Jails

  44. Jails Annually, 20 million people go to jail. A 2007 report by the Bureau of Justice Statistics found that the nation’s jails held 766,011inmates. • 12.9% women • 4,836 juveniles • >50% of inmates are serving sentences there Jail authorities supervised another 70,548 inmates under certain community-based programs.

  45. Jails There are 3,365 jails in the U.S. • Most jails are small, designed to hold 50 or fewer inmates. • Some jails are very big, like “mega-jails” in LA and NYC. • In 2006, the 50 largest jails held almost 30% of all jail inmates. There are 207,600 correctional officers. • 3/1 inmate/staff ratio The average cost to jail a person for a year is $14,500.

  46. Jails Most people process through jails are members of minority groups: • 56% minority • 38.6% African American • 15.6% Hispanic • 44% Caucasian Typical charges: • 12.1% drug trafficking • 11.7% assault • 10.8% drug possession • 7% larceny

  47. Current Issues Facing Jails 2009 Pearson Education, Inc

  48. Women comprise 12.9% of the jail population. They’re the largest growth group nationwide. Women face a number of special problems, including: Inadequate classification systems Lack of separate housing Low educational levels Substance abuse Pregnancy Motherhood Inadequate substantive medical programs Women and Jail

  49. Women make up 22% of correctional officer force in jails. Female officers are committed to their careers and tend to be positively valued by male counterparts. However, A disproportionate number of female personnel held lower ranking jobs. 60% of support staff is female 10% of chief administrators is female Issues can arise when member of the opposite sex are assigned to watch over inmates. Women and Jail

  50. Many jails are old and overcrowded. By the end of 1980s, many jails were so overcrowded that court-ordered caps forced some early releases. By 2006, national jail occupancy was at 94% rated capacity. Larger jails are more crowded than smaller ones. Some individual facilities are desperately overcrowded. Growth of Jails