Clear & Cole, American Corrections, 8 th Chapter 7 Jails: Detention and Short-Term Incarceration

Clear & Cole, American Corrections, 8 th Detention and Short-Term Incarceration  The Contemporary Jail: Entrance to the System  Origins and Evolution  Population Characteristics  Administration  The Influence of Local Politics  Regional Jails  Pretrial Detention Special Problems of Detainees Release from Detention

Clear & Cole, American Corrections, 8 th Detention and Short-Term Incarceration  The Bail Problem and Alternatives  Release on Recognizance  Preventive Detention  Pretrial Diversion  The Sentenced Jail Inmate  Issues in Jail Management Legal Liability Jail Standards Personnel Matters Jail Crowding The Jail Facility

Clear & Cole, American Corrections, 8 th Americans jailed annually

Clear & Cole, American Corrections, 8 th Characteristics of Adult Jail Inmates in U.S. Jails

Clear & Cole, American Corrections, 8 th “Lockup”“Lockup”  A facility authorized to hold people before court appearance for up to 48 hours. Most lockups (also called drunk tanks or holding tanks) are administered by local police agencies.

Clear & Cole, American Corrections, 8 th getting out of jail -- free? methods of release bail (ROR) release on recognizance sum of money specified by judge to be posted by the accused as condition of pretrial release, to ensure defendant’s appearance in court pretrial release granted on the defendant’s promise to appear in court, based on defendant’s ties to the community bondsman independent businessperson who charges fee, usu. 5-10% for bail money “10% cash bail” (reform) D. deposits 10% of bail amount with court; 90% returned at trial

Clear & Cole, American Corrections, 8 th Type of pretrial release

Clear & Cole, American Corrections, 8 th  Myth: Jail sentences are more for misdemeanants than they are for felons.  Fact: Nearly 40% of felony defendants are eventually sentenced to jail, a rate that is almost the same as prison sentences for felonies. Myths in Corrections Myths in Corrections

Clear & Cole, American Corrections, 8 th “preventive detention”  detention of an accused in jail to protect the community from crimes the accused is considered likely to commit if released from jail while he awaits trial  authorized by Comprehensive Crime Control Act, 1984  upheld in US v. Salerno, 1987

Clear & Cole, American Corrections, 8 th  an alternative to adjudication in which the defendant agrees to abide with conditions set by the prosecutor in exchange for the withdrawal of charges (e.g., counseling, drug treatment)  reasons for diversion programs F criminal justice system is not well equipped to handle some problems - vagrancy, alcoholism, juveniles F keep less dangerous offenders from being labeled & treated as hard-core criminals F diversion costs are less “pretrial diversion”

Clear & Cole, American Corrections, 8 th  increasing the scope (i.e., reach) of corrections & CJS by creating diversionary program & then sending people to that program for offenses that are much less serious than those the program was originally intended for.  “diversion” programs thereby ensnare persons who would otherwise not have come under the jurisdiction of the justice system (except for availability of the diversion program) “widening the net”

Clear & Cole, American Corrections, 8 th “new-generation jail”  a facility of “podular” architectural design and with management policies that emphasize staff- inmate interaction and the provision of services to inmates

Clear & Cole, American Corrections, 8 th “podular unit”  self-contained living area for from 12 to 24 inmates, composed of private, individual cells & open areas for social interaction  each jail has two or more “pods”

Clear & Cole, American Corrections, 8 th “direct supervision”  a method of correctional supervision in which staff have direct physical interaction with inmates throughout the day

Clear & Cole, American Corrections, 8 th “regional jail”  facility operated under a joint agreement by two or more governmental units (e.g., city + county), with a jail board made up of representatives from participating jurisdictions and having authority over policy, budget, operations, and personnel

Clear & Cole, American Corrections, 8 th “fee system”  a system in which jail operations are to be paid on the basis of a flat allocation per prisoner per day  problem: creates an incentive for poor jails & inadequate services, since the allocation remains the same, irrespective of the level of service provided

Clear & Cole, American Corrections, 8 th “pay as you go” jails (“user fees”) some jails are experimenting with directly charging inmates (who can afford it) at least some of the costs of their “keep” daily room and board “co-pay” for nurse sick call “co-pay” for medical specialist

Clear & Cole, American Corrections, 8 th special problems of jail detainees mental health problems medical needs substance dependency legal needs rights of pretrial detainees jail issues

Clear & Cole, American Corrections, 8 th problems of jail administration jail crowding (crisis in ‘90’s) personnel matters ($, training, conditions) jail standards (ACA) legal liability 42 USC §1983 jail management issues jail facilities (outmoded & expensive)