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Chapter 26 Volunteering. Objectives Explain the role of volunteer work within a correctional environment Outline the best mechanism to recruit and secure.

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Presentation on theme: "Chapter 26 Volunteering. Objectives Explain the role of volunteer work within a correctional environment Outline the best mechanism to recruit and secure."— Presentation transcript:

1 Chapter 26 Volunteering

2 Objectives Explain the role of volunteer work within a correctional environment Outline the best mechanism to recruit and secure volunteers Determine methods to ensure long-term success of volunteer programs

3 Types of Volunteers Direct Service Volunteers – Generally provide onsite services to the program – Range from infrequent brief participation with a large group to daily or weekly involvement – Demands the greatest sacrifice of time from a participant and may involve additional risk

4 Types of Volunteers (cont.) Indirect Service Volunteers – Typically not involved onsite and generally do not have contact with the primary receivers of service – Participate in a variety of tasks, which may include offering technical assistance in reviewing the budgeting, accounting, and financial audit issues, and donating materials and supplies

5 Source of Volunteers Individuals with particular skills known by key agency or facility staff Civic clubs Religious organizations and churches Fraternal organizations Crime victims Special purpose organizations

6 Source of Volunteers (cont.) Best mechanism to meeting volunteer needs is to solicit individuals through key staff Civic clubs and mainline religious organizations often have core commitments to serving their community, including correctional facilities AA and NA are key to service provision for substance abuse services

7 Components of an Effective Volunteer Program Development and Organization – Initial development and organization of the volunteer program will help ensure effectiveness – Policies and procedures must be drafted and incorporated into the formal structure of the departmental program – Inherent in the effort should be clear lines of authority of a volunteer coordinator

8 Components of an Effective Volunteer Program (cont.) Recruitment – Failure to enlist enough volunteers will endanger a program’s success – Too many people can be overwhelming and chaotic Selection – Interviews, education about expectations, and discussion of volunteer goals are essential elements of selection process – Current or recently released inmates are generally not appropriate

9 Components of an Effective Volunteer Program (cont.) Orientation – Volunteers should participate in a structured orientation program that includes: Basic mission and goals of agency Facility service area and division in which service will be provided Basic security procedures Safety and emergency procedures Cultural diversity awareness

10 Components of an Effective Volunteer Program (cont.) Training – The curricula and length of training will vary in accordance with the scope and frequency of services provided Recognition – Perhaps one of the most important elements of ensuring the long-term success of a volunteer program is the formal recognition of volunteers’ contributions

11 Volunteer Programming Ideas Religious Services – Most traditional and largest area of volunteer service is religious programming – Staff chaplain handles coordination of volunteers – Facilities typically are unable to provide assistance to all faith groups without the help of volunteers

12 Volunteer Programming Ideas (cont.) Recreation – Volunteers compete as individuals or teams, participate in training officials, or serve as coaches or fans Staff Training – Professional development of staff is a good way to involve the community in the institution

13 Volunteer Programming Ideas (cont.) Social Services – Education is a cornerstone of any program to reduce recidivism – Often requires volunteer assistance for education and vocational training Substance Abuse – AA and NA have long record of accomplishment in corrections Pre- and Postrelease – Little budgetary support, which requires support from community when offender is released

14 Conclusion Everyone is a winner in a properly organized and administered volunteer program Inmates receive services they would otherwise not receive, and staff receive the benefit of community expertise

15 Section IV Inmate Management and Programming

16 Chapter 27 Disciplinary Procedures

17 Objectives Describe the goals of an inmate discipline policy and outline the essential elements of a good disciplinary program. Explain the constitutional provision that governs inmate discipline procedures. Name major legal decisions governing prison discipline proceedings.

18 Introduction Discipline policy regulates inmate conduct and keeps conduct within limits of acceptable standards of behavior Well-implemented policy will instill respect for authority

19 Importance of Inmate Discipline Goals – Make inmate conduct conform to standard of behavior – Safe and orderly living environment – Instill respect for authority – Teach values and respectful behavior Most correctional institutions allow free movement of inmates However, such movement increase the need for discipline

20 Essentials of Inmate Discipline Should be a written set of rules defining expected inmate behavior and procedures for handling misconduct Rules for discipline must be communicated clearly Disciplinary policy must specify how inmates will be notified for suspected misconduct, how sanctions will be imposed, and their rights to be heard

21 Informal Resolution of Misconduct Goals of disciplinary policy may be achieved in many cases without formal processing Officers may take an inmate aside and explain the proper procedure Sometimes give minor sanctions without formal charges Even informal sanctions should be applied consistently

22 Due Process Requirements Due process is considered a set of procedures that ensure that the action taken is fair Sandin v. Conner – Purpose of prison disciplinary action is to achieve good prison management – As long as disciplinary action does not add on to the length of the sentence, it is allowable

23 Due Process Requirements (cont.) Wolff v. McDonnell – Prison hearings are “administrative” and call for less procedural protection than court proceedings – Due process standards Advanced written notice to inmate At least 24 hours to prepare after notice Inmate allowed to call witnesses Representative to assist inmate in defense Statement by an impartial disciplinary committee of the evidence to support the fact finding

24 Due Process Requirements (cont.) Other relevant cases – Baxter v. Palmigiano Inmates are not entitled to counsel in disciplinary hearings – Superintendent v. Hill Due process only requires “some” evidence to support the finding of the disciplinary board

25 Use of Informants Supervisors and officers often rely on this information to maintain safety and security However, they must ascertain the accuracy of informants to protect against fabrication of information Reliability is often determined based on corroboration of facts by other evidence

26 Inmate Appeals and Grievances May be one or two levels of appeals Many agencies do not allow discipline matters to be taken to the grievance system Disciplinary actions are the most frequent category of matters taken to court Review of disciplinary actions on appeal is typically limited to procedural appeals

27 Personal Liability Essential that staff follow rules to avoid personal liability Section 1983 of Civil Rights Act of 1871 is most frequently used federal legal action Can give injunctive relief as well as award monetary damages Corrections workers can be held personally liable if they do not follow constitutional requirements established by the courts

28 Conclusion Disciplinary policy must be written carefully to ensure fairness and guarantee basic due process standards

29 Chapter 28 Grievance Procedures

30 Objectives Describe the history of inmate grievance procedures, including when and why they were developed Explore the principles of model grievance systems and the application to actual systems Detail the core elements of an inmate grievance system, as outlined by the Civil Rights of Institutionalized Persons Act, and the potential benefits of inmate grievance systems

31 Introduction Inmate grievance system is a structured, institutional process that provides a forum for inmates to seek redress for issues or complaints Set of established, written rules detailing the issues that may be grieved, timeframes, and specific steps in filing a grievance

32 History of Inmate Grievance Procedures Number of informal mechanisms emerged in 1970s Ombudsman – Bringing in someone from outside the institution to investigate and review complaints – Only recommend corrective action Inmate advisory group – Recommendations limited to corrective action Hearing panels – Order corrective action, not just recommend

33 History of Inmate Grievance Procedures (cont.) Mechanisms employed disorganized, informal processes that produced inconsistent and contentious results Provided a breeding ground for inmate lawsuits in the 1970s Frivolous nature of lawsuits lead to public pressure to curtail inmate lawsuits

34 Establishment of Written Inmate Grievance Systems Civil Rights of Institutionalized Persons Act of 1980 formalized the procedures of an inmate grievance system Required Attorney General to establish minimum standards to be used in inmate grievance procedures Office of Inmate Grievance Procedure Certification was established to oversee certification process

35 Core Elements of a Grievance System Specification of written Grievance Procedures – System must be recorded formally – Specify the institutions to be covered by process as well as process of documenting adherence to the system – Inmates must have opportunity to be involved in formation and implementation of system Communication of process – All inmates and staff should be notified in writing – Include language spoken by a significant number of inmates

36 Core Elements of a Grievance System (cont.) Specification of accessibility to process – All inmates must have access to system Applicability of process to complaints – Inmates must be allowed to file grievances regarding issues of policy, conditions of confinement, actions of employees, and issues that affect them personally Remedies available under the process – Must be meaningful – May include corrective action, restitution, monetary reimbursement, actions against personnel, etc.

37 Core Elements of a Grievance System (cont.) Appropriate protection against reprisals – Process must provide protections for inmates – Emergency situations are those in which adherence to a fixed time limit might result in personal injury or serious harm Records – Requirement of documentation throughout process – Initiation of grievance includes standard form – Institutions must also collect data on grievances

38 Core Elements of a Grievance System (cont.) Evaluation – Number of complaints filed – Types of grievances – Frequency and type of emergency grievances – Resolution of grievances – Average lengths of time between filing and resolution

39 Core Elements of a Grievance System (cont.) Other applicable requirements – Must have specific time limits that govern written replies to grievances – Entire process completed within 90 days of filing – Investigation process must be explicitly stated within system – Written response must be provided at each level of review – System must involve independent review

40 Rationale Behind Establishment of Written Grievance Systems Primary impetus was to establish a systematic, unbiased procedure for resolving inmate complaints Benefits – Provides practical and legal protection for inmates and staff – Opportunity to lodge complaint alleviates some of the pains of imprisonment for inmates – Reduces number of lawsuits – Statistics on grievances can provide a picture] of the climate of the institution and areas in need of improvement

41 Weaknesses of Inmate Grievance Systems Frustration by inmates when resolutions do not go their way System can become overburdened Increased amount of paperwork Inmates must perceive the system and administrators to be fair

42 Conclusion It is imperative that inmate grievance systems be administered effectively to ensure that their intended benefits are realized.

43 Chapter 29 Protective Custody

44 Objectives Define protective custody and its forms Differentiate between disciplinary status and protective custody status and explain the stigma of protective custody Understand protective custody as a component of the wider prison subculture

45 Defining Protective Custody “Form of separation from the general population for inmates requesting or requiring protection from other inmates” Specialized, segregated housing Application – Prison subculture attaches a stigma to PC status and to the prisoners – Informal or unofficial PC still involves stigma, but without the placement in formal housing

46 Defining Protective Custody (cont.) Self-imposed protective custody – Intentionally breaking rules to receive segregation – Organizing activities to avoid interaction with certain persons or groups – Establishing patterns of close affiliation with staff (i.e. trustees) – Affiliation with other prisoners or groups – Seeking to protect themselves through aggression

47 Defining Protective Custody (cont.) Stigma – Lack of social acceptance – Diminished respect from others – Act of opting for PC label may lead to victimization at the hands of other prisoners or staff

48 Estimating the Number of PC Prisoners Estimates range from 6000 to 8000 prisoners nationwide – approximately 1% of prison population Both unofficial and non-PC protective activities are more common in prison environment

49 Formal PC Procedures and Operations Two procedures – Inmates request the status and have it granted – Staff members in classification decide that prisoner needs to be housed in PC PC consumes money and staff time Same services and programs should be provided for PC inmates as for others Officials need to screen requests

50 Formal PC Procedures and Operations (cont.) Challenge to balance liability concerns against the need to weed out illegitimate requests Possibility of staff abusing PC status Most PC units include a diversity of types of inmates Result of diversity can provide a serious management challenge

51 Formal PC Procedures and Operations (cont.) Living in PC – May be separate or part of administrative segregation – Minimal room for distinguishing PC prisoners from those in disciplinary segregation – Prisoners are exposed to negative attitudes from other inmates and staff – Some feel safer and experience less stress – PC units experience a high number of physical and psychological problems

52 Formal PC Procedures and Operations (cont.) Transition from PC – Classification and casework officials made decisions about length of stay – Consider threats to safety – Neglecting transition can be a serious mistake – Underestimation of prisoner subculture can result in injury or even death

53 Effects of PC Positive effects include protection from victimization, feelings of greater safety, lowered stress, environmental stimulation Stigmatization lies at the crux of negative outcomes Can contribute to victimization Often prisoners have little access to programs and spend much of their time in cells

54 Effects of PC (cont.) PC prisoners may respond to stigmatization by: – Trying to correct source of the stigma – Adopting an unconventional identity implied by the stigma – Using the stigma as an excuse for shortcomings – Coming to view the stigma as beneficial – Avoid contact with peers who lack stigma – Alter interaction with non-stigmatized persons PC can also have a deleterious effect on self- concept

55 Legal Considerations Very little case law to determine legal rights Key to whether correctional officials can be held liable for actions is determination that an inherent duty to protect exists Delineation of clear rights of PC inmates is important to knowing costs exactly. Most common claims of constitutional violations center around due process and conditions of confinement

56 Legal Considerations (cont.) Most courts require that PC prisoners receive the same services and facilities as other inmates Negligence on the part of prison officials does not equate to a constitutional violation Have been willing to hold prison officials liable when deliberate indifference occurs. Deliberate indifference exists when prison officials are aware of the risk of harm and failed to take reasonable steps to decrease it.

57 Conclusion Greater attention needs to be given to systematically transitioning inmates from PC to other settings Must consider stigma and protect from other inmates.


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