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Corrections (Inmate rights (Inmate rights: A Brief History (Hands-off…

- - - - Procunier v. martinez 1974
      - Mail censorship only with demonstration of compelling Govt. interest
      - Turner v. Safley (1987)
      - May restrict mail between inmates at different institutions
      - Religious Freedom Restoration Act (RFRA) and religious land use and institutionalized persons act (RLUIPA)
  - - - Hudson vs Palmer 1984
      - May search cells and confiscate without suspicion of wrongdoing or justification
      - Bell vs Wolfish 1979
      - Body searches permissible to fit institutional need and when not used to degrade
      - Florence vs Board of Chosen Freeholders 2012
      - May strip search those entering jail under minor offenses
  - - - End of hands off period
      - Uses the civil rights act of 1871, section 1983 to access federal court as a state inmate
      - Inmates could now use Sec. 1983 to sue in regard to conditions, treatment, nutrition, medical care, etc
  - - - Punishment shocks conscience civilized society
      - unnecessarily cruel
      - Is beyond legitimate penal aims
      - Totality of conditions
      - Deliberate indifference
  - - - Due process
      - Wolff vs McDonnell 1974
      - Basic procedural right in disciplinary hearing sanctions
      - Equal Protection
      - Lee vs. Washington 1968
      - Discrimination cannot be official policy
- - - - Delinquent Child
        
        Commits crimes that would put an adult in jail
      - PINS person in need of supervision
      - Has no one to take care of them
      - Neglected child
        
        Parents don’t help ot mentor the child
      - Dependent child
      - Parents lose rights or because of death they have no guardian
  - - - 1980-2005
      - Harsher punishment for juveniles
      - Support waiver to adult court
  - - - Probation of minors
      - 60% of population
      - Intermediate Sanctions
      - Community corrections
      - Community service
      - Restitution
      - Fines
      - Custodial care
      - Residential treatment programs
      - detention /incarceration
      - Outpatient treatment/ aftercare
  - - - 1960-1980
      - Refinement of the juvenile court system
      - Counsel
        
        face accuser
- - - - 1.6% of state prison inmates
      - May be low estimate due to lack of testing
      - Decline in AIDS related deaths due to treatment improvements
      - Increased medical costs
      - programming /education
  - - - Deinstitutionalization of mental healthcare
        
        Increase in use of prescription medication
      - Outpatient with meds less expensive
        
        Influx of mentally ill into CJS
      - Revolving door
      - Issues of
        
        cost
        
        Security
      - Psychiatric units
  - - - Approx 152000 inmates over age 55
      - Increased cost due to medical needs, security needs
      - Average cost is $69,000 per year (cost 3x more than younger inmates)
      - Programming and environmental needs
  - - - Risk to security
      - Education
      - Ability to work
      - Readiness/time to release
  - - - 20+ Years; Natural life
      - Transition into elderly inmates
      - Issues of
      - Mental health
      - Programming
      - Connection to the community
- - - - 1790s-1860s
      - Isolation and labor
      - Reformation via suffering
      - Separate vs congregate
  - - - Separate system
      - Quaker idea of reformation through isolation, repentance
      - Walnut Street jail/Eastern state Penitentiary
      - New York System
  - - - 1600s-1790s
      - Based on Anglican Code
      - Incorporated fines, corporal punishment, and fines
      - Rooted in religious philosophy
  - - - Congregate system
      - Auburn penitentiary New York
      - Isolated at night work together during the day
      - Began contract labor systems involving inmates