the term parole
came from the french word "parol" meaning word of honor
-first used in 1700s as means of releasing prisoners of war upon their promise not to resume arms in the current conflict
parole in colonial america
-shortage of labor
-transportation of children and pardoned criminals from england to the american colonies to provide a ready workforce
-criminals that returned to england after they were done had specific conditions for their freedom (the idea of a peri
Maconochie and the Marks System
-more formal use of conditional release than that of colonial america
-1840
-Superintendent Maconochie was sensitive to the brutal way prisoners were treated, as he had been captured by French
-philosophy of reformation and self discipline
-'punish for pa
Walter Crofton and the Irish System
-director of irish prison system
-implemented many of Maconochie's ideas
-also created a 4 stage system
1. solitary confinement - (9 months) emphasis on punishment
2. special prison - worked with other inmates, earned marks, complete 3 conduct classes, ta
Parole Begins in the United States
-the idea of rewarding good behavior with reductions in the time served was initiated in 1817, when the New York legislature authored the first "good time" statute, allowing up to 25% reduction in time served for good behavior and industrious work
-in 186
Parole and the Medical Model
-the medical model assumed that offenders were inflicted with an environmental or psychosocial condition that was the underlying reason for their criminality.
-Under the belief that offenders were sick, when they were sentenced to prison, their problems w
nothing works
the conclusion of Martinson on his review of parole and the medical model
Justice Model
-David Fogel
-1975
-would use flat, determinate sentences, eliminate parole boards, and make all treatment voluntary
just desserts model
-1976
a model for sentencing proposed by von Hirsch that had fixed sentences for each crime so that the punishment fit the crime
discretionary parole
release of inmates in which the decision to release is made by a parole board
supervised mandatory release
a type of release in which inmates serve a determinate sentence and are then released, but with a period of supervision to follow
unconditional mandatory release
a type of release in which inmates serve the full portion of their sentence and have no supervision after release from prison.
parole guidelines
similar to sentencing guidelines, these use predictive factors to determine the offender's risk to the community and chance for success; guidelines prescribe a presumptive time to be served based on the seriousness of the crime and the factors predictive
salient factor score
a point determination for each inmate for use with parole guidelines; the score is based on facts predictive of success on parole
Parole Boards
-parole authorities can cover either or both of the two major parole functions: release decision and post release supervision
-important feature of parole decision making is that the parole board is independent from the administrators of the prisons
-boar
presumptive parole date
a date the inmate can expect to be released on parole, even if it is five or ten years later than the hearing
positive contact
face to face contact between a parole officer and an offender
two types of parole violations
1. technical violations
2. new-crime violations
Morrissey v. Brewer
a 1972 Supreme Court decision that once parole is granted, a liberty interest is created and offenders must have certain due process rights to revoke that liberty
these include:
1. they are provided in advance with a written notice of the alleged violatio
stipulated conditions
a signed report by officer and offender that agrees to modifications of the condition of supervision with a continuation of their parole
-violation is minor yet does deem that action be taken
prisoner reentry
the process of an inmate leaving prison and returning into the community
obstacles in reentry:
-finding housing
-lack of ties with family and friends
-finding a job
-alcohol and drug abuse
-continued involvement in crime
-impact of parole supervision
-man
pre-release investigation
-offense
-employment
-resident
-treatment
-changes
-recommendation
parolee supervision levels
basic low
-no contact required
-1 drug test per month
basic minimum
-1 contact per month
-drug test 3 times monthly
basic high
-3 contacts per month
-drug tests 3 times monthly
intensive
-5 contacts per month
-4 drug tests per month
percentages completing parole
52% complete parole
33% return to incarceration
halfway houses
-transitional residence, structured
-treatment
-education, job skills, drugs
-minimal security
Gender Disparity
-The rate for females under all types of correctional supervision has grown more rapidly than the number of males under supervision
-6.8 percent of prison pop.
-12 percent of parolees
-from 2000 to 2010 the number of females in the prison population incre
racial disparity
the fact that minorities make up a greater percentage of those under correctional supervision than their makeup in the US population
-At the end of 2010, the population of state and federal prisons was 34.2% white, 40.2% black, and 23.6% hispanic
Theories of female crime
-opportunity - workplace/public life opportunities
-economic necessity - divorce, child support, public assistance
-women/children now most impoverished
Women/Security Levels
-prisons are designed primarily around males
-as security increases, there is more staff and greater restriction of movement
-women are often overplaced (they should have gone to a minimum but get put in a medium because of the standards they use for guys
Females in Prison - Late 1700s
-no exercise, sexual exploitation
-evil and incurable if you were a woman in facility
-#s increased female wardens
-reform groups to teach them how to be proper ladies
1873 - Where was the first women prison?
Indiana
1960's - Programming reflects women's place
-basic education
-college/release classes minimal
-food service, cosmetology, (thought they wouldn't be breadwinner, FALSE!)
issues of female inmates
-pregnant or given birth in last year
-substance abuse issues
-histories of sexual and physical abuse
-caretakers
Nearly _____ percent of state female inmates report past physical or sexual abuse
60%
Female offenders report _______ rates of drug use than male counterparts
higher
inmates as mothers
-separation from children
-increasing numbers come in pregnant
-greater need for medical staff
-programs - help bond with infant
2004 How many women were pregnant upon entry in state and federal prison?
-4% pregnant upon entry in state
-3% pregnant upon entry in federal
-high risk - drugs, STIs, medical detox/withdrawl for mother or baby (give them morphine to wean off drugs)
Amnesty International
-little prenatal care, shackling, delays, separation
P.S. I love you
New Mexico program - inmates videotape themselves reading to their children
Girl Scouts beyond bars
-girl scout troops with mothers in prison
-ages 5-17
-strengthen bond, provide tools to succeed
-bimonthly meetings at facility
-mothers must not have any crimes against kids, must be infraction free
their daughters say:
-77-86% agree they have better rel
The Center for Substance Abuse Treatment reports that almost 80% of the women in state prisons have _________
severe, long standing substance abuse problems
6 factors inherent in correctional settings that hamper the provision of health services
1. not a priority of the correctional institution
2. limited financial resources
3. difficulties in staff recruitment
4. absence of a current manual of healthcare policies and procedures
5. isolation of the institution from community health care
6. lack o
Other issues with female offenders
-women offenders also have a more difficult time finding and maintaining employment than male offenders
-mental health is also an issue. 73% of women prisoners exhibit mental health issues, while only 55% of men do.
SNAP/TANF Issues
When you are convicted, that person loses their food stamp benefits, so for example if a mother of a family of four was convicted, they would only get enough food stamps for a family of three, but with four of them still using those three.
Three phenomena contribute to the gaining of the prison population
1. the overall U.S. population is aging, as Americans over age 50 constituted only 26% of the population in 1992, they accounted for 32.2% in 2010.
By 2009, violent offenders comprised 53% and ___________ made up 18% of prison inmates
drug offenders
general population
inmates in prison who do not have any specific designation as a special type of offender
Barefield v. Leach
a 1974 federal court decision that a disparity of programs for female inmates could not be justified because the smaller number of female inmates made it more costly to provide program parity
Pargo v. Elliott
the 1995 Eighth Circuit Court Case that allowed that differences in programs between males and female prisons does not necessarily violate the equal protection clause of the constitution
status offense
an activity that is considered a crime only because the offender is under the age of 18 and would not be a crime if committed by an adult; includes acts such as running away from home, truancy, underage drinking
Refuge Period
a period from 1824 to 1899 when delinquent or neglected children were placed in a home for training and discipline
juvenile justice system
a system to handle juveniles separate from adult offenders, based on the concept of parens patriae, which was used as the basis for giving the court the authority to take over supervision of children when their parents failed to provide proper care and gu
parens patriae
means "parents of the nation", established in 1601 to allow officials to take change of delinquent children and place them in poorhouses or orphanages to gain control of them; in more modern times, this doctrine was expanded as the basis for juvenile cour
deinstitutionalize
the move to remove juveniles from correctional institutions and place them in community alternatives
-Jerome Miller
superpredator
a term created by Dilulio to describe a generation of violent youths who practiced almost indiscriminant violence on the streets
adultification
a move to make the juvenile justice system look and operate more like an adult correctional system
waiver to adult courts
because of the serious nature of a juvenile offender's crime, statutory exceptions were granted to allow the movement fro juvenile courts to adult courts for criminal processing
-mandatory waivers
-discretionary waivers - decided on a case by case basis w
Juvenile risk factors
-antisocial behavior
-early aggression
-maltreatment, family violence, teen parents, familial antisocial behaviors
-associating with deviant peers, peer rejection
-poor school performance
-disorganized neighborhoods
3 categories of juvenile offenders
-dependent children
-neglected children
-delinquent children
dependent children
children who, although committing no legal offense, may be without a parent or guardian, possibly because the parent is physically or mentally unable to act in that capacity
neglected children
children who have a family or guardian, but are not receiving proper care or the situation in the home is harmful to them and their upbringing
delinquent children
children who have committed an act that would be considered criminal if committed by an adult
age of original jurisdiction
the upper or oldest age that a juvenile court will have jurisdiction over categories of offenders
Missions of Juvenile vs. Adult Systems
-the adult system emphasizes public safety
-community as the first priority
-juvenile system focuses on enabling youth to fulfill their needs within the context of the family and the community
who requests waivers
waiver - at prosecutor's request
reverse waiver - defense attorney (back to juvenile court, gives mitigating circumstances)
direct file - concurrent jurisdiction, prosecutor has discretion
blended sentencing
juvenile and adult sanctions
graduated incarceration
at a certain age (usually 18) you're transferred to adult court
segregated incarceration
juveniles housed separately, specialized programs
straight adult incarceration
a form of incarceration in which juveniles handled by adult courts are placed in adult prisons with no separate housing or differentiation in programming or job assignments
JJDPA
-deinstitutionalization of status offenders
-jail removal
-sight/sound separation
-disproportionate minority contact
Juvenile AR Stats
$64,000 - cost to house juveniles
-average length of stay in AR: 8-9 months
-juveniles don't have same constitutional rights as adults
Roper v. Simmons (2005)
-no death penalty if crime committed under age of 18
Graham v. FL (2010)
-banned life without parole for young people whose crimes did not include homicide
Miller v. AL and Jackson v. Hobbs (2012)
8th amendment prohibits a sentencing scheme that requires life in prison without the possibility of parole for juvenile homicide offenders
Juvenile Mental Health
-disruptive/anxiety/mood disorders
-substance abuse issues (67% of males)
(27% required immediate treatment)
Juvenile Victimization
12% report sexual victimization (4.3% forced contact with staff)(6.4% consensual)
issues: effective training, facility size, institutional culture
juvenile detention
the temporary care of children in physically restricted facilities pending court disposition or transfer to another jurisdiction or agency
intake
determination if a juvenile case should be dismissed, handled informally, or referred to the juvenile court
(40% dismissed, diverted, or handled otherwise)
consent decree
an informal handling of a juvenile justice case, in which the delinquent juvenile admits to wrongdoing and agrees to specific conditions of behavior, sometimes called informal probation
refferal
the formal processing of a juvenile offense through the juvenile court
delinquency petition
a statement of the delinquent acts a juvenile is alleged to have committed; similar to an indictment for adults
adjudicate
to find a juvenile guilty of a delinquent act
order
the sanction for a juvenile found delinquent by juvenile court; similar to the sentence for an adult
aftercare
supervision of a juvenile in the community after serving time in a juvenile correctional institution; similar to parole for adults
in re gault
a 1967 U.S. Supreme Court case requiring that, in hearings in which a juvenile may be committed to an institution, they must have the right to counsel, to notice of the charges against them, to question witnesses, and to protect against self incrimination
waiver to an adult court after adjudication in juvenile court constitutes
double jeopardy
jury trials are not a requirement in juvenile courts, true or false?
true
special offenders
offenders whose circumstances, conditions, or behaviors require management or treatment outside of the normal approach to supervision
Ex:
-physical problems
-infectious diseases
-mental disorder
-tendency for violence
-history of sexual assaults
-age (juv
juveniles who serve their time in adult prisons have ____________ recidivism rates
higher
Drug Offenders
Drug treatment
-small groups work better than large ones
-individualized treatment
-standardized tools (workbooks, handouts, videos)
-gender appropriate
-incentives
-less punitive responses to drug use in prison
-work with parole officers
-good discharge
Mentally Ill Offenders
-In state prisons, 73% of women and 55% of men have a mental illness
-antipsychotic drugs invented in the 1960s helped many people with mental illness remain in the community rather than be placed in mental hospitals
-prison perfect storm occurs though wh
What facilities do inmates report getting the highest (best?) percent of mental health care?
State DOC
Developmentally disabled
-5-10% of inmate population
-more likely to be victimized
-may be aggressive when forced to follow rules
-staff may not understand reaction
-difficulty with programming, parole)
Aging Offenders
-older prison population
1. general population of the U.S. is also aging
2. mandatory sentencing, can't take age into account
3. lengthening prison sentences for almost all crimes
-older inmates have increased risk of major diseases
-unique challenge for
Violent Offenders
-at years end in 2009, 53% of all adults sentenced to state prisons were committed for violent offenses. However a much smaller number and percentage of inmates are truly violent and predatory and continue violent acts while in prison
-supermax prisons: e
Sex Offenders
-public education concerning sex offenses led to greater reporting + legislatures passed laws to aid victims and hold offenders accountable = # of incarcerated sex offenders has increased significantly
-inmates deemed sexually violent predators can be hel
Treatment and Management of Sex Offenders
-most sex offenders are supervised in the community
-containment model: an approach to managing sex offenders that includes:
1. treatment to develop internal control over deviant thoughts
2. supervision and surveillance to control external behaviors
3. po
Sex Offender Recidivism
-the recidivism rates generally attributed to sex offenders are not as high as people think
-2009 study of recidivism over 13 years for offenders convicted of child sexual abuse reports that 13.6% had recidivism of any felony and only 9.2% had recidivism
Civil Commitment of Sexually Violent Predators
-they passed a new type of mental disorder that allows a diagnosis of sex offenders as sexually violent predators
-while arguing that these laws are to allow for additional treatment, civil commitment statutes really are designed to keep sexual predators
Offenders with Infectious Diseases
-high risk group for infectious diseases
-poor nutrition
-lack of medical care
-high stress
-involvement in violent acts
-shared needles
-interaction with other high risk individuals
-most common with correctional populations: HIV/AIDS, tuberculosis, and
HIV/AIDS
-it is a virus that attacks the body's immune system, increasing the chance of infection and other diseases
-passed through bodily fluids (blood, semen, vaginal fluids, etc.)
causes:
1. sexual activity among prisoners
2. 13% of inmates sexually assaulted
Tuberculosis (TB)
-was a serious medical problem during the early 1900s in the United States, declined, and then resurged in the 1980s and continues to be a problem today
-estimated 1.5 million deaths in 2006
-overcrowded conditions increase potential
-airborne
-transmitte
Hepatitis C (HCV)
-most common blood borne illness in the US
-attacks the liver and can result in lifelong infections of the liver, cancer, liver failure, or death
-spread through the blood stream as a result of drug users sharing needles
-recent study - 31% were positive
State Department of Corrections
-the central organization that oversees state and federal prisons is often called the central office or headquarters
-States did not previously have a separate agency to oversee the operations of prisons and other correctional components. However, the inc
functions of the office of director
director - the chief executive officer of a state or federal department of corrections
-often become like baseball managers, when things go wrong, they get replaced
-organizational entities that often reside in the office of the director:
1. public/media
administrative functions
2 major functions:
1. budget development and accounting
2. new prison construction
human resource functions
in some states, the central headquarters performs all human resources activities. In other states, each prison carries out the personnel functions of recruitment, hiring, evaluations, and retirement
community supervision functions
for states that still use indeterminate sentences and parole for release decisions, the parole board and post release supervision are usually located within the department of corrections
Overview of Prison Staff Organization
-The Chief Executive Officer of a prison is usually called a warden or a superintendent.
-Reporting to the warden are deputy, associate, or assistant wardens
The general functions supervised by these individuals usually fall into 3 categories:
1. custody
Custody and Security Functions
-the functions within a prison that come under the security activities; includes all "uniformed" employees such as correctional officers and correctional supervisors
-largest department in a prison (50-70% of all staff)
-uniformed/paramilitary
-supervise
Treatment Functions
the creation of an environment and provision of rehabilitative programs that encourage inmates to accept responsibility and to address personal disorders that make success in the community more difficult
-education and vocational training
-substance abuse
Service Functions
-the functions required to operate a prison such as budget and financial, maintenance, human resource management, food and health services, work programs, commissary function, and laundry operations
-oversees the employee awards program (a program to reco
Unit Management
-organizes prison into smaller components by decentralizing the authority to manage the inmate population while making staff more accessible to inmates
-enhance staff and inmate interaction
-unit staff - job assignments
-allows for close monitoring
-minim
Policies and Procedures
-Clear Policies and Procedures
-Consistent implementation of policies
-policies clearly communicated
-comprehensive training of staff
Quality Assurance in the Implementation of Policy
-ensuring compliance with prison policies
policy audit - a review to ascertain whether broad agency policy is in place at the prison
policy implementation audit - a review to identify whether the procedures prescribed by policy are consistently being carr
Inmate Classification
-helps control inmate behavior
1. classification is used to determine the appropriate prison security level to which an inmate should be assigned
2. help determine housing assignment (single cell, multiple-inmate cell, dormitory)
3. Reclassification acts
Inmate Discipline
- a policy that clearly prescribes the process required to find that an inmate committed a proscribed act and identifies allowable punishments for each act; a key to controlling inmate behavior
Inmate disciplinary systems usually include:
1. a written pol
Sanctions in order of severity
1. warning
2. reprimand
3. assignment of extra duty
4. restriction to quarters
5. impoundment of personal property
6. loss of job
7. removal from program or group activity
8. change of quarters
9. loss of privileges
10. monetary restitution
11. withholdin
The Role of Staff in a Prison
-historically, staff had very little discretion and were not highly trained. Since 1980s, prison staff are very involved in the life of inmates
Recruiting and Hiring Correctional Staff
-in the past prisons usually relied on recruitment through encouragement by relatives or friends who already worked at the prison
-prompted by high turnover and the challenge of a growing workforce, correctional agencies recruitment is now much more sophi
Collective Bargaining within Correctional Agencies
-the formal recognition of employee organizations and their right to negotiate with management regarding workplace issues
-relatively new to most state correctional agencies
Purposes:
1. to establish and protect employee rights
2. to improve working condi
total institution
Goffamn's concept of a setting isolating people from the rest of society and unnecessarily manipulating them through the actions of the administrative staff
-He suggest that certain characteristics of such institutions result in isolation and inability to
Inmate Code
the expected rules and behaviors represented by the model prisoner and reflecting the values and norms of prison society
-how those who want respect as a "con" act and behave. As a philosophy, it emphasizes loyalty to convicts and distrust of correctional
two theories on how the inmate culture becomes a part of prison life
1. indigenous - it develops as a result of the environment in which inmates find themselves
2. imported - the culture is brought in with the values of inmates from the outside world
Three types of offenders that bring characteristics to the prison setting
1. convicts - long term inmates who become used to the prison society and find a way to live in this environment with a minimal amount of problems and disruptions
2. thieves - inmates who have adopted a career of crime and are doing their prison time unti
interpersonal violence
-occurs between individual inmates
-involves personal issues
collective violence
-initiated by groups of inmates
-creates prison riots and disturbances
-fundamental difference in positions and values of two groups
-could be between inmates and staff or inmates against one another
Three general categories of inmates who resort to violence
1. antisocial offenders - developed the habit of using force and coercion to get what they want. This group has used violence on the streets, and even though they have found the competencies and skills to act in prosocial ways, they have found that violen
Prison Argot
-(slang)
-Examples:
1. aggressive : daddies, wolves
2. queens - extra feminine actions/dress
3. submissive : (seen as weak) punks, jailhouse turnouts
fresh fish
-inmates line up to size up new inmates
-enslave weaker ones
-use "turning out" to sexually as
Gangs in Prisons
prison gangs are groups that form in prison and use the threat of violence to intimidate other inmates, control drug sales and prostitution, and gain power and influence
-an ACA survey in 1993 identified 39 different major gangs in prisons.
-in the most r
Surenos
formed from the Mexican Mafia; Surenos means Southerner in Spanish and is one of the largest and most violent prison gangs in America (formed in Southern California)
Prison Gang Control Strategies
6 measures to control prison gangs:
1. transferring gang members to maximum security prisons
2. limiting inmates' access to money
3. placing the most violence-prone gang members in special facilities
4. developing gang intelligence
5. recruiting informers
gang validation process
an identification of the number of identifiers of gang activity used to confirm individuals' involvement level
Member (need 5 or 6 different items to validate them as this)
Associate (Need 3 or 4 items to validate them as this)
Suspect (Need one or two to
debrief
gang members tell correctional officials everything they know about the gang operations and membership; once inmates debrief they become an enemy of the gang
security threat groups
3 or more inmates who cause repeat threatening or disruptive behavior
-gang/extremist group - possible security problem
-some define as 2+ people
California Gang Validation
-california has low numbers of validated inmates
-they don't want to validate them because they don't want to deal with the consequences of it
-warnings on consequences of continued gang crime
-told to behave or be validated
History of Prison Gangs
Skarbek -
figuring out ways around the rules to get what they want
-1950's inmate population changes (young, ethnically diverse)
-adaptation, racism
-influence running of prison
2013 - confiscated 12,151 cell phones in CA
pelican bay - ID cards outside ce
Texas Gang Renouncement and Disassociation Process
-protective custody (3 stages, 9 month program)
-600 on waiting list
Survey of Correctional Facilities 2004
-85% - need tougher laws on gang issues
-75% prohibit gang recruitment
-26% of males and 6% of females are gang members when they arrive
-11.6% males and 3.7% females join a gang while in
-16% of facilities offer assistance with leaving gang
-gang schemes
Mexican Mafia
-late 50's in Duel Vocational Center, CA (youth center)
-drugs, Bureau of Prisons most active
rivals - Nuestra Familia
allies - Mexikanemi, NM Syndicate
wives - drugs/mail, murder to gain respect
sexual triangles
two inmates become jealous and fight over another one
Homosexual Behavior in Male Prisons
-all prisons have a rule against any type of sexual behavior between inmates (even consensual)
-because there is no way to ensure that relationships are really consensual
-most inmates who admit homosexual relationships while in prison state that they are
Prison Rape Elimination Act (PREA)
-enacted in 2003
-required to collect info on sexual assault
prison reception - advise of possibility of sexual assault (staff trained to watch for sexual aggression)
-Of the 2008 allegations, 34% were allegations of staff sexual misconduct, 31% were inma
conjugal visits
-sometimes referred to as family visiting, these are private visiting opportunities between inmates and their spouses, and it is expected that they will engage in sexual relations
-only 6 states allow
-supporters say it provides a normal release of sexual
Drugs in Prisons
-an estimated 51% of federal inmates and 18% of state inmates were serving a sentence for a drug offense
-32% of state inmates and 26% of federal inmates were under the influence of drugs at the time of their offense
Prisons attempt to reduce the use of d
The Mix
-Owen
-The Mix = Groups in prisons
-homosexual mix : pseudo families, dyads (2 people)
-fighting mix - established fighters
The History of Women's Prisons
-male and female offenders were housed in the same facilities in the early U.S. jails
-under supervision of male staff (guards raped them)
-Walnut Street Jail opened (late 1700s) - women were housed in a separate section
-England 1816 - they got female gu
Elizabeth Fry
Quaker who formed the Ladies Society for Promoting the Reformation of Female Prisoners in 1816; she tried to convince officials that women prisoners should be separated from male prisoner and that female guards should be hired to supervise them
cottage style architecture
a style of prison design used for women's prisons with several small housing units holding approximately thirty inmates; each cottage included kitchens, living rooms, and sometimes nurseries for inmates with children
-created to train women prisoners in t
Culture in Women's Prisons
-inmate code not as important
-females not hesitant to talk to staff - no presumption of "snitch"
-greater stress and depression (separation from children)
-65% of female inmates are mothers
-men must show their masculinity through sexual conquest of weak
pseudofamilies
family organizations formed by female inmates who have roles of parents and children
-create family relationships
-members try to live in same housing unit
-emotional support
-30-60% in lesbian relationships
roleplay:
-mother, father, children, siblings
-