Corrections

periods

Colonial Period

Penitentiary

Convict Leasing

Reformatory movement

Rehabilitation

Community

Crime Control

1600-1790s

based on angelican code

incorporated fines and corporal punishment

rooted in religious philosophy

1790s-1860s

isolation and labor

reformation via suffering

separate vs. congregate

Pennsylvania system

New York system

separate system

Quaker idea of reformation through isolation and repentance

Walnut Street Jail/Eastern State Penitentiary

would have prisoners alone and not allowed to speak to each other while a chaplain would walk down spokes preaching

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congregate system

Auburn penitentiary, New York

isolated at night, working and eating together during the day but not allowed to converse

began as contract labor system involving inmates

first to use striped prison cloths

during this time they lost their rights of citizens and even had several courts uphold this

Post-Civil War south

"plantation" model of corrections

incorporation of African Americans into correction system for use of slave labor

they would make laws specifically to net African Americans to get them into "slavery" again

slavery by another name

1870s-1890s

national prison association meeting, Cincinnati, 1870

inmate change rewarded by release

indeterminate sentences

separation of sexes

elmira reformatory (1876)- Zebulon Brockway

was first to utilize these new steps

started using the mark system

came into middle level of three tier and after time or good behavior would be moved up for early release r could be moved down for bad behavior and have to work back up

1930s-1960s

progressive/medical model

focus on environmental and offender rehabilitation

rehab via

medical/ psychological treatment

vocational training

education

1960s-1970s

root in civil unrest, distrust of government

Civil rights movement

Vietnam war

focus on reintegration and community programming

1970s-2000s

"nothing works" - Martinsen

getting tough on crime

longer sentences

mandatory sentences

3-strike legislation

greater use of incarceration

less rehabilitation and softer thigns

evidence in favor of this was extremely flawed but still used by politicians to show themselves tough on crime

instead just created an extreme rise in population in prison

was during the Bush war on drugs

what are jails?

holds those awaiting trial

executes sentences for mild misdemeanants

holding facility for State, federak

3,376 jails in USA

13,500 police lockups (temporary holdings)

primarily under county control

BOP operates 12

only 40% are in the convicted status, 85.3% are male

African Americans are 35.4%, whites are 47.4%, hispanic is 14.9%

Hands-off period

Prior to the 1960s, "slave to state" " civil death"

Prisoners rights era: 1960's-1980's

begins with Cooper v. Pate (1964)

ends the "hands off" period

uses the Civil rights act of 1871, Section 1983 to access federal court as a states inmate

inmates could now use Sec. 1983 to sue in regard to conditions, treatment, nutrition, medical care, etc

prisoner rights

1st amendment

4th amendment

8th amendment

14th amendment

Procunier v. Martinez (1974) - mail censorship only with demonstration of compelling government interest

Tuner v. Safley (1987) - may restrict mail between inmates at different institutions

Religious freedom Restorative Act (RFRA) and Religious Land Use and Institutionalized Persons Act (RLUIPA)

Hudson v. Palmer (1984) - may search cells and confiscate with suspicion of wrongdoing or justification

Bell v. Wolfish (1979) - body searches permissible to fit institutional need and when not used to degrade

Florence v. Board of Chosen Freeholders (2012)- may strip search those entering jail under minor offenses

Punishment chocks concience civlized society

unnecessarily cruel

is beyond legitimate penal aims

totality of conditions

deliberate indifference

Due process- Wolff v. McDonnell (1974)- basic procedural right in disciplinary hearings, sanctions

equal protection- Lee v. Washington (1968)- discrimination cannot be official policy

goals

lots of confinement, wants to make it so no one wants to go there

you do thw crime, you do the time

Custodial model

maintaining corrections, behaviors, inmates, safety of inmates and community

rehabilitation model

gives them the best treatment that is possible (as in they are treated appropriately and taught to be changed) and then released

reintegration model

from time to time they step in they are being prepared to be sent out again

teaching them how to function in life once they get out again

prisons

challenges

defects of total power

rewards and punishment

exchange relationship

inmate relationship

use of force

self defense

defense of another

usually the safest way to resolve an issue is to wait for a team to get there and help

upholding prison rules

usually the rules are there to protect the inmate or others

prevention of a crime

prevention of escapes

usually serious if not deadly force

classification

based on

risk to safety

ability to work

readiness/time to release

elderly inmates

approx. 152,000 inmates over 55

increased cost due to medical and security needs

average cost is $69,000 per year (3x as much for younger)

programming and environment needs

inmates with HIV/AIDS

1.6% of state prison inmates

decline in AIDS related deaths due to treatment improvements

programming/education

mentally ill patients

deinstitutionalization of mental healthcare

increase in use of prescription medication

outpatient with meds is less expensive

influx of mentally ill into Criminal justice system

issues

cost

security

psychiatric units

long term prisoners

20+ years; natural life

transition into elderly inmate

issues

mental health

programming

connection to community

prison proper

inmate code

adaptive roles

doing time

gleaning

jailing

disorganized

prison economy

result of deprivation

legitimate channels are monitored/restricted

betering system

goods

services

debt as a lever

community corrections

history

john agustus, Boston 1841

first statewide system in Massachusetts, 1880

21 states by 1920

44 states by beggining of WWII

began as a second chance, evolved to supervisio and serviceprovision

administration

central vs. decentralized

combined with parole

funding

training

works best with solid working relationship between judge and supervising officer

officer tasks

attend court

supervision of clients

write presentence reports

new PSIs requested

update or modification hearings

revocation

technical violation

penalties

fines

restitution

forfeiture

types

home confinement

requires telephone service

costly to offender

high failure rate

community service

daily reporting

daily check-ins

often require programming

intensive Supervision Probation (ISP)

probation diversion

institutional diversion

boot camps

shock incarceration

youthful offenders

resolve "discipline issues"

decline in use since 2000's

re- introduction

institutional reentry

reduce cost by moving offenders to the community

implementation of prep programs in the facility

halfway houses, work release programs in the community

parole

conditional release of offender from incarceration, but not from legal custody of the state

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three base concepts

grace

contract

custody

origins

maconochie- british penal colonies in Tazmania

crofton - Ireland

ticket of leave transitioned to condition-based parole

strict imprisonment

labor on chain gang

limited freedom

ticket of leave/ conditional pardon

full restoration of liberty

types of release

expiration release- completes maximum court sentence

mandatory release- maximum minus good time, or a percentage of full sentence is served

discretionary release- parole board decision to release to parole supervision within indeterminate sentencing states