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



McGraw-Hill/Irwin               © 2013 McGraw-Hill Companies. All Rights Reserved.
Overcrowding
   Over the past 25 years, prison population has
    increased six fold—from 240,000 to more than
    1.6 million.
   On January 1, 2010, state prisons were
    operating between full capacity and 40 percent
    above capacity, while federal prisons were
    operating at 36 percent above capacity.




                                                 13-2
Overcrowding
   That would suggest that as many as 562,249 (40
    percent) of the 1,405,622 persons held in state
    prison and 74,922 (36 percent) of the 208,118
    persons held in federal prison were housed in
    overcrowded centers.
   Eliminating the present overcrowding would
    require building 425 new prisons, each at a cost
    of $75 million dollars



                                                  13-3
Reasons 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


                                                 13-4
Controlling 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

                                                   13-5
Key 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




                                                13-6
Consequences of Overcrowding
   idleness                       staff turnover
   drug trafficking               stress
   predatory sexual behavior      decreases in program
   safety risks                    opportunities
   gang confrontations            judicial intervention in
                                    prison management
   arguments
                                   fines for operating above
   fights                          capacity
   murders                        excessive wear and tear
   suicides                        on facilities and
   riots                           equipment
   medical and mental             negative publicity
    health problems                higher rates of recidivism

                                                            13-7
Prisons 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).




                                                    13-8
Prison 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




                                                    13-9
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
                                               13-10
The Six Major STGs
   The Aryan Brotherhood
   The Black Guerilla Family
   The Mexican Mafia
   La Nuestra Familia
   Neta
   The Texas Syndicate




                                13-11
Prison 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




                                                     13-12
Notorious 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




                                                         13-13
Reasons For Riots
   Random chance
   Bad conditions
   Rebellious inmates and racial antagonism
   Institutional structure and readiness
   Administrative factors such as prison
    management and administration




                                               13-14
Preventing Riots

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




                                                 13-15
Preventing Riots - Continued
   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




                                                      13-16
Continued
   The American Correctional Association
    (ACA) recorded a decrease in prison
    disturbances from 2,674 in 2000 to 405 in
    2006 and reported a similar decrease in
    riots from 2000 to 2006.




                                           13-17
Supermax 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
                                                       13-18
Administrative Maximum
   Officially known as Administrative
    Maximum—ADX, the prison houses the
    450 most dangerous, violent, escape
    prone, and STG federal inmate leaders.
    More than 25 percent will never be
    released from federal custody and will
    remain in confinement for the rest of their
    lives.

                                              13-19
Alcatraz
   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
                                                 13-20
Supermax Prisons - Continued
   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”


                                                         13-21
“No 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
                                                       13-22
“No Frills” Prisons and Jails
          - Continued
 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



                                                13-23
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

                                                    13-24
Accreditation - Continued
More than 500 of the 2,236 state, federal, and
private prisons and 129 of the 3,365 local jails
have been awarded ACA accreditation. States
also offer accreditation. As of February 2, 2011,
622 of the 2,236 state, federal, and private
adult correctional institutions and 131 of the
3,365 local adult detention facilities have been
awarded ACA accreditation.



                                                    13-25
Accreditation - Continued
   Traditionally, correctional agencies have
    sought accreditation for one of three
    reasons: first, to ensure that the
    organization is in compliance with national
    standards; second, to demonstrate to
    interested parties that the organization is
    operating at acceptable professional
    levels; and third, o comply with court
    orders.
                                             13-26
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




                                                     13-27
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




                                                 13-28
Privatization - Continued
 The Debate:
   Proponents for privatization argue in
    favor of competition
   Opponents argue against privatization
    on philosophical grounds




                                            13-29
Privatization - Continued
 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.

                                           13-30
Technocorrections
   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

                                                    13-31
Problems for Corrections
   In 2010, the number of cell phones confiscated
    by officials was 9,000 in California and about
    1,200 in Texas.
   In December 2010, Georgia prisoners used cell
    phones to coordinate work stoppages with
    inmates at other prisons.
   In August 2010, President Obama signed a bill
    making inmate possession of a cell phone or a
    wireless device in federal prison a felony
    punishable by up to a year of additional
    sentence.
                                                   13-32
Enhancements Due to
            Technocorrections
   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

                                                     13-33

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Prison Overcrowding, Security Threats, and Reform

  • 1. Chapter 13 Prison Issues and Concerns: Overcrowding, Security, Accreditation, Privatization, and Technology McGraw-Hill/Irwin © 2013 McGraw-Hill Companies. All Rights Reserved.
  • 2. Overcrowding  Over the past 25 years, prison population has increased six fold—from 240,000 to more than 1.6 million.  On January 1, 2010, state prisons were operating between full capacity and 40 percent above capacity, while federal prisons were operating at 36 percent above capacity. 13-2
  • 3. Overcrowding  That would suggest that as many as 562,249 (40 percent) of the 1,405,622 persons held in state prison and 74,922 (36 percent) of the 208,118 persons held in federal prison were housed in overcrowded centers.  Eliminating the present overcrowding would require building 425 new prisons, each at a cost of $75 million dollars 13-3
  • 4. Reasons 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 13-4
  • 5. Controlling 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 13-5
  • 6. Key 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 13-6
  • 7. Consequences of Overcrowding  idleness  staff turnover  drug trafficking  stress  predatory sexual behavior  decreases in program  safety risks opportunities  gang confrontations  judicial intervention in prison management  arguments  fines for operating above  fights capacity  murders  excessive wear and tear  suicides on facilities and  riots equipment  medical and mental  negative publicity health problems  higher rates of recidivism 13-7
  • 8. Prisons 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). 13-8
  • 9. Prison 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 13-9
  • 10. 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 13-10
  • 11. The Six Major STGs  The Aryan Brotherhood  The Black Guerilla Family  The Mexican Mafia  La Nuestra Familia  Neta  The Texas Syndicate 13-11
  • 12. Prison 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 13-12
  • 13. Notorious 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 13-13
  • 14. Reasons For Riots  Random chance  Bad conditions  Rebellious inmates and racial antagonism  Institutional structure and readiness  Administrative factors such as prison management and administration 13-14
  • 15. Preventing Riots  Formal inmate grievance procedures  Ombudsmen to mediate disputes  Improved classification system  Smaller institutions  Meaningful prison school and work programs 13-15
  • 16. Preventing Riots - Continued  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 13-16
  • 17. Continued  The American Correctional Association (ACA) recorded a decrease in prison disturbances from 2,674 in 2000 to 405 in 2006 and reported a similar decrease in riots from 2000 to 2006. 13-17
  • 18. Supermax 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 13-18
  • 19. Administrative Maximum  Officially known as Administrative Maximum—ADX, the prison houses the 450 most dangerous, violent, escape prone, and STG federal inmate leaders. More than 25 percent will never be released from federal custody and will remain in confinement for the rest of their lives. 13-19
  • 20. Alcatraz  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 13-20
  • 21. Supermax Prisons - Continued  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” 13-21
  • 22. “No 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 13-22
  • 23. “No Frills” Prisons and Jails - Continued  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 13-23
  • 24. 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 13-24
  • 25. Accreditation - Continued More than 500 of the 2,236 state, federal, and private prisons and 129 of the 3,365 local jails have been awarded ACA accreditation. States also offer accreditation. As of February 2, 2011, 622 of the 2,236 state, federal, and private adult correctional institutions and 131 of the 3,365 local adult detention facilities have been awarded ACA accreditation. 13-25
  • 26. Accreditation - Continued  Traditionally, correctional agencies have sought accreditation for one of three reasons: first, to ensure that the organization is in compliance with national standards; second, to demonstrate to interested parties that the organization is operating at acceptable professional levels; and third, o comply with court orders. 13-26
  • 27. 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 13-27
  • 28. 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 13-28
  • 29. Privatization - Continued  The Debate:  Proponents for privatization argue in favor of competition  Opponents argue against privatization on philosophical grounds 13-29
  • 30. Privatization - Continued  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. 13-30
  • 31. Technocorrections  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 13-31
  • 32. Problems for Corrections  In 2010, the number of cell phones confiscated by officials was 9,000 in California and about 1,200 in Texas.  In December 2010, Georgia prisoners used cell phones to coordinate work stoppages with inmates at other prisons.  In August 2010, President Obama signed a bill making inmate possession of a cell phone or a wireless device in federal prison a felony punishable by up to a year of additional sentence. 13-32
  • 33. Enhancements Due to Technocorrections  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 13-33