1. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Unit Nine Legal Issues in Corrections

2. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Chapter 15 Issues in Corrections

3. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction  Examine trends in prisons and jails  Review of developments in correctional policy  Budgeting issues  Accreditation process

4. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Prison and Jail Populations  In 2002, incarcerated population reached 2 million for the first time  One-third in jails  Two-thirds in prisons  Federal prison and local jail populations continue to increase

5. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458  U.S. Congress has continued to federalize several crimes previously handled at state level  Less pressure to contract with private prisons  Tightening budgets Prison and Jail Populations

6. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458  Factors contributing to slow down in growth of incarcerated offenders  Natural slow-down after high growth rate  Slowing economy  Increase in alternatives to incarceration  Jail pretrial release programs have been added in many jurisdictions Prison and Jail Populations

7. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Politics and Policy  Political decisions based on emotion and strong sentiment impact incarceration rates  Furlough–program in which prison inmates are allowed to leave prison early to reside in a halfway house to prepare for community re-entry

8. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Politics and Policy  Policy changes based on “get tough” philosophy  Three-strikes laws  War on Drugs  Punitive sex offender laws

9. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Politics and Policy  "Prison industrial" complex  Once capital outlay is committed, prison projects will likely continue  Rural communities depend on the prison's economic value

10. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Tightening Budgets  Cost-reducing options  Reducing the length of some sentences  Develop community sentencing alternatives  Charge user fees  Privatize some services and/or operations

11. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458  Legislators probably will not return to pre- 1980s "less tough" levels  Most states have constitutional requirement to balance their budget; less expenditures for incarceration  Possible opportunity to modify some statutes Reducing the Inmate Population

12. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458  Alternatives to incarceration to meet tightening correctional budgets; still seen as punitive  Alternative sanctions can reduce cost without reducing public safety Development of Community Alternatives to Prison

13. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Creating Revenues by Correctional Agencies  Create revenues–to enable governments to charge for correctional supervision or programs provided to offenders  The idea of charging offenders for services is not new

14. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Creating Revenues by Correctional Agencies  Drug counseling  Halfway house stays  Participation in work-release programs  Supervision costs of electronic monitoring, intensive supervision, or drug testing Many probation agencies charge offenders for services:

15. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Creating Revenues by Correctional Agencies  Cost of incarceration fees–fees charged prisoners in local jails or prisons to cover the cost for their incarceration  Few jurisdictions have been successful at collecting the full cost of confinement from many inmates

16. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Creating Revenues by Correctional Agencies  Co-payment–a minimal charge for inmates to see a physician or receive medical care  Creates revenues, helps cover the cost of medical care, reduces the demand for medical services

17. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458  Halfway houses  Community correctional agencies  Food services  Medical care for inmates  Privatizing prisons Contracting with the Private Sector

18. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Contracting with the Private Sector 10 issues key to deliberations regarding use of private prisons  Propriety  Cost and efficiency  Quality  Quantity  Flexibility  Security  Liability  Accountability  Corruption  Dependence

19. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Contracting with the Private Sector  A critical issue for private prisons concerns cost efficiency  Private prisons now hold over 100,000 inmates, over 6 percent of the total population

20. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Accreditation of Correctional Programs  Accreditation involves process to professionalize  In the first 150 years of corrections, agencies usually lacked professional standards, central management, and consistency of operations

21. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Accreditation of Correctional Programs  Aspects subscribed to a “profession”  Theoretical knowledge and academic study by those outside the profession  Community interests as a motivator  Self-regulation  A system of rewards

22. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458  American Correctional Association (ACA)– has encouraged professional development and accrediting correctional agencies  Commission on Accreditation for Corrections (CAC)–administers national accreditation programs Accreditation of Correctional Programs

23. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Importance of Staff Diversity  Women in corrections bring a calming and normalized influence to male prisons  Race and ethnic diversity aids in management of prisons

24. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Importance of Staff Diversity  Over-representation of minorities under correctional supervision  All-white workforce causes problems, riots  Affirmative action programs–activities to recruit and provide employment opportunities to women and minorities

25. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Effectiveness of Treatment Programs  Expectation to reduce recidivism rates  “Nothing Works” (1970s) lead to abandonment of medical model of corrections (Robert Martinson)

26. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Effectiveness of Treatment Programs  Methodological concerns about Martinson’s findings  Varying definitions of recidivism, including the commission of a new crime, commission of a felony, and return to prison  Meta-analysis–a statistical measure of the average effect an intervention has on recidivism across all studies

27. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458

28. Chapter 16 Questions Regarding the Future of Corrections ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458

29. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction  Review relevant data and developing controversies in order to answer pertinent questions regarding corrections  No assurances that answers are “right” or “correct”  Open avenues of debate

30. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Can Our Current Approach to Sentencing and Corrections Be Successful and Continue?  What are we trying to accomplish?  Currently, predominant approach to sentencing is based on punishment, deterrence, and incapacitation

31. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458  Bottom line is “get tough on crime” has significantly increased number of prisoners, people under correctional supervision, and budgets  But, has this policy made citizens safer or less likely to be victims of street crimes? Can Our Current Approach to Sentencing and Corrections Be Successful and Continue?

32. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458  Citizens still fear crime due to media  This policy can be successful, but only “marginally”  Accountability–holding one responsible for accomplishing objectives in a cost-efficient manner Can Our Current Approach to Sentencing and Corrections Be Successful and Continue?

33. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Will Rehabilitation Continue as a Primary Correctional Goal?  Corrections had been following the medical model of corrections  There is still public support for rehabilitation and acceptance for treatment programs

34. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Will Rehabilitation Continue as a Primary Correctional Goal?  Mandatory minimum sentences require that for certain crime, there must be a sentence to prison for a minimum term  Sentencing judge does not have an option to impose a sentence of probation or a fine or to suspend the sentence  Three-strikes laws

35. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Will Rehabilitation Continue as a Primary Correctional Goal?  Evidence of positive results from treatment programs  Programs have to prove they are cost- effective  Rebirth in rehabilitation–return to support for correctional treatment programs

36. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Will Supervision of Offenders in the Community Change in Approach?  Current approach is surveillance, little tolerance for risk  Community officers sensitive to public safety  Increase in probation and parole revocations

37. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Will Supervision of Offenders in the Community Change in Approach? 1.More conditions are placed on offenders on community supervision 2.Very limited tolerance for community risk Reasons for transition of casework approach to surveillance approach:

38. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Will Supervision of Offenders in the Community Change in Approach? 3.The hiring and training of community supervision officers has changed 4.Community officers and supervisors must be sensitive to public safety Reasons for transition of casework approach to surveillance approach: (continued)

39. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Will Supervision of Offenders in the Community Change in Approach?  Invisible policy–a practice that is not formalized in statute or written policy, but that develops through a consistent set of pressures and influences  Global positioning system–a system that uses a satellite to receive a signal from a transmitter; used to track offenders throughout the community

40. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458  Current approach will have to change:  No level of supervision can prevent offenders from committing more crimes  Resulting in too much expense with no proof it is worth the cost  Community supervision will gradually move back to casework approach Will Supervision of Offenders in the Community Change in Approach?

41. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Do We Need a New Paradigm for Sentencing and Corrections?  Using the same sentencing model for two centuries  Restorative justice–focuses on restoration of victim and society  Reparation–the acts by offenders to repair the damage done by their crimes

42. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Do We Need a New Paradigm for Sentencing and Corrections?  Two major elements of restorative justice  Hold offenders accountable  Active involvement of the victim in determining proper sanction for the crime

43. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Do We Need a New Paradigm for Sentencing and Corrections?  Restorative justice can increase public confidence in the system  Restorative justice concepts have the support of and are seen as effective by the general public

44. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Can We Reduce the Impact of Imprisonment?  Prisonization is debilitating  Convict identity is difficult to shed

45. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Can We Reduce the Impact of Imprisonment?  Encouraging inmates to practice community values and customs  Transitional programs in preparation for release  Shorter prison sentences Improving the likelihood of success in return to the community:

46. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Can We Reduce the Impact of Imprisonment?  Parallel universe–an approach to operating prisons that puts inmates in situations that are similar to community life

47. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Can We Reduce the Impact of Imprisonment?  Efforts to maintain family and community ties  Maintain work skills  Have inmates associate with citizens other than inmates and correctional staff Other ways that prisons can assist the community transition:

48. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Is Corrections a Good Career Choice for Me? Career in corrections–beginning work for a correctional agency with the intent of working in corrections until retirement

49. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Is Corrections a Good Career Choice for Me?  Correctional jobs are difficult, and not everyone is suited  Correctional staff have considerable discretion in how they carry out their duties

50. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Is Corrections a Good Career Choice for Me?  High turnover rate  Difficult clients (inmates)  Risk of assault and serious injury

51. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Is Corrections a Good Career Choice for Me? Other job-related issues lead to stress:  Understaffing  Rotating shift work  Inmate demands and manipulations  Poor public image

52. Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Is Corrections a Good Career Choice for Me? Reasons to consider a correctional career:  Many available jobs  Stable employment  Pay is better than most believe  Corrections is interesting and enjoyable