FAULKNER UNIVERSITYCRIMINAL JUSTICE PROGRAMINSTRUCTOR: BILL FILMORE

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Chapter Fourteen Institutional Programs

Learning Objectives

1. Describe how correctional programs help address the challenge of managing time in the correctional setting.

2. Describe the ways that security acts as a constraint on correctional programs offered in institutional settings.

3. Know the meaning of the “principle of least eligibility” and illustrate its importance.

4. Understand the importance of the classification process and how “objective classification” works

Learning Objectives

5. Describe the major kinds of institutional programs that are offered in correctional institutions.

6. Analyze recent developments in the field of correctional rehabilitation.

7. Describe the main types of correctional industries and define how each works.

8. Understand the current pressures facing correctional programming policies.

Learning Objective 1

Learning objective 1: Describe how correctional programs help address the challenge of managing time in the correctional setting.

Managing Time

Mitigate the oppressiveness of timeProvide opportunities for prisoners to

improve their livesKeep prison time from becoming dead

timeMore programs offered, the less likely

inmates’ boredom will translate into hostility toward the staff

Managing Time

• Prison program:– Any formal, structured activity that takes

prisoners out of their cells and sets them to instrumental tasks.

– 5 types:• Rehabilitative• Medical service• Industrial• Daily facility maintenance• Recreational

Learning Objective 2

Learning objective 2: Describe the ways that security acts as a constraint on correctional programs offered in institutional settings.

Constraints of Security

Whenever a program requires sharp tools, heavy security prevails. Security requires tool counts, searches,

and detailed accounting of materials.Security requirements make

maintenance and industrial programs inefficient.

Learning Objective 3

Learning objective 3: Know the meaning of the “principle of least eligibility” and illustrate its importance.

Least Eligibility

The doctrine that prisoners ought to receive no goods or services in excess of those available to people who have lived within the law. General public often quite hostile to create

programming. Public does not want to reward criminal

activity. Prison programs frequently represent weak

versions of free-society program.

Learning Objective 4

Learning objective 4: Understand the importance of the classification process and how “objective classification” works.

Classification

• Process by which prisoners are assigned to types of custody and treatment.– Sentenced felon introduced to the new status of

prison– Depersonalize the inductee– Serves as management tool to ensure inmates are

assigned to units appropriate to their custody level:• Separated from those who might victimize them• Grouped with members of their work

assignment

Classification

• Objective classification:– Predictive model:

• Designed to distinguish inmates with respect to risk of escape, potential misconduct, and future criminal behavior.

• Statistical techniques– Equity-based model:

• Use only a few explicitly defined legal variables reflecting current and previous criminal characteristics, not used:– Race– Employment– Education

Learning Objective 5

Learning objective 5: Describe the major kinds of institutional programs that are offered in correctional institutions.

Institutional Programs

• Rehabilitative programs:– Aim at reforming the offender’s behavior– Programs vary:

• Psychological• Behavioral• Social• Educational• Vocational• Substance abuse• Sex offender• Religious programs

Institutional Programs

• Prison industry:– Way to manage the restlessness and idleness of prison

time– Viewed as part of the reformative process

• Prison maintenance programs:– Typical prison must provide every major service

available in a community:• Fire department• Electrical and plumbing• Janitorial maintenance• Mail delivery• Restaurant• Drug store

Institutional Programs

Maintenance programs cont.: Constitute an elaborate pecking order of

assignments Choice jobs involve access to power Essential to managing the prison:

Lower the cost of operations by eliminating the need to hire outside labor.

Job hierarchy provides rewards and punishments to enforce discipline.

Institutional Programs

Recreational: Two primary functions:

Integral to prison social life Can be rehabilitative in several ways:

Teach social skills as cooperation and teamwork

Provide a means for prisoners to grow in experience and enhance their self-image

Serve as a productive counterpoint to the general alienation of prison

Learning Objective 6

Learning objective 6: Analyze recent developments in the field of correctional rehabilitation.

Correctional Rehabilitation

• Martinson’s 1974 study indicating prison rehabilitation ineffective.

• New vision:– Prison a place that should provide safe and

secure custody while punishing offenders.

• Criminogenic needs:– Needs than, when successfully addressed

by treatment programs, result in lower rates of recidivism.

Correctional Rehabilitation

• Six conditions identified by researchers under which treatment will be effective:– Directed toward high-risk clients.– Responds to offenders’ problems that caused the

criminal behavior– Take into account offenders’ psychological

maturity– Providers are allowed professional discretion on

how to manage offenders’ progress in treatment– Are fully implemented as intended– Offenders receive follow-up support after

completing the treatment programs

Correctional Rehabilitation

Cost-benefit ratio:A summary measure of the value of a correctional program in saving money through preventing new crime.

Learning Objective 7

Learning objective 7: Describe the main types of correctional industries and define how each works.

Correctional Industry

The contract labor, piece price, and lease systems:A contractor provided raw materials

and agreed to purchase goods made by prison inmates at a set price.

The public account system:A prison bought machinery and raw

materials with which inmates manufactured a salable product.

Correctional Industry

The state use system:A labor system under which goods

produced by prison industries are purchased by state institutions and agencies exclusively and never enter the free market.

The public works and ways system:A labor system under which prison

inmates work on public construction and maintenance projects.

Learning Objective 8

Learning objective 8: Understand the current pressures facing correctional programming policies.

Current Pressures

Most rehabilitative programs have serious shortcomings and limited effectiveness.

Large number of inmates are not considered to need educational, vocational training, or drug/alcohol rehabilitation.

Services provided in prison settings are substantially less effective than same programs in community.

Chapter Fifteen Release from Incarceration

Learning Objectives

1. Discuss parole and explain how it operates today.

2. Be familiar with the origins and evolution of parole in the United States.

3. Discuss the different mechanisms that are used to release offenders from correctional facilities.

4. Explain how releasing authorities are organized.

5. Be familiar with the steps that are taken to ease the offender’s reentry into the community.

Learning Objective 1

Learning objective 1: Discuss parole and explain how it operates today.

Parole

The conditional release of an inmate from incarceration, under supervision, after part of the prison sentence has been served. Three concepts:

Grace or privilege Contract of consent Custody

Only felons released on parole Only state and federal governments effect

parole

Learning Objective 2

Learning objective 2: Be familiar with the origins and evolution of parole in the United States.

Origin and Evolution

• Parole in U.S. evolved during 19th century• Capt. Alexander Maconochie:– British colony administrator– Developed classification system by which prisoners

could pass through:1. Strict imprisonment2. Labor on chain gangs3. Freedom within an area4. A ticket-of-leave or parole with conditional

pardon5. Full liberty

Origin and Evolution

1870, National Prison Association incorporated principles into the Declaration of Principles

New York, indeterminate sentencing law, 1876:Zebulon BrockwaySuperintendent of Elmira ReformatoryBegan to release prisoners on parole

Origin and Evolution

1920 – 20 states had parole systems1925 – 46 states1942 – 48 states

During 1970’s parole criticized on several grounds:Release was tied to treatment successParole boards abusing their discretionInmates being held in suspended

animation

Learning Objective 3

Learning objective 3: Discuss the different mechanisms that are used to release offenders from correctional facilities.

Release Mechanisms

Discretionary releaseMandatory releaseProbation releaseOther conditional releaseExpiration release

Discretionary Release

• The release of an inmate from prison to conditional supervision at the discretion of the parole board within the boundaries set by the sentence and the penal law.– Allows the parole board to assess prisoner’s

readiness for release– Focuses on:• Nature of offense• Inmate’s behavior• Inmate’s participation in rehabilitative behavior

Mandatory Release

The required release on an inmate from incarceration to community supervision on the expiration of a certain period, as stipulated by a determinate-sentencing law or parole guidelines.Matter of bookkeepingGood timeReleased conditionally

Probation Release

The release of an inmate from incarceration to probation supervision, as required by the sentencing judge.Often tied to shock incarcerationSince 2000, use increased from 6 to 10%

Other Conditional Release

A probationary sentence used in some states to get around the rigidity of mandatory release by placing convicts in various community settings under supervision. Furlough Home supervision Halfway houses Emergency release

Expiration Release

The release of an inmate from incarceration without any further correctional supervision; the inmate cannot be returned to prison for any remaining portion of the sentence for the current offense.19% of prison releases

Learning Objective 4

Learning objective 4: Explain how releasing authorities are organized.

Organization

• Consolidated versus autonomous:– Inside or outside the department of corrections

• Field services:– Argued that institutional staff and the parole

board must be coordinated

• Full time versus part time:– Full time:• Criminal justice professionals

– Part time:• Thought to represent the community better

Organization

Appointment:Appointed by governor or correctional authority

Learning Objective 5

Learning objective 5: Be familiar with the steps that are taken to ease the offender’s reentry into the community.

Release

2008, Second Chance ActReintegration model:

Gradually lowering level of custodyPrerelease counselingTraining programsTransfer to housing unit, family

readjustment trainingParticipating in most cases voluntary

Chapter Sixteen Making it: Supervision in the

Community

Learning Objectives

1. Know the major characteristics of the postrelease function of the corrections system.

2. Define community supervision and revocation of community supervision.

3. Understand how community supervision is structured.

4. Describe residential programs and how they help parolees.

Learning Objectives

5. Identify the major problems parolees confront.

6. Understand why some parolees are viewed as dangerous and how society handles this problem.

7. Describe the effectiveness of postrelease supervision.

Learning Objective 1

Learning objective 1: Know the major characteristics of the postrelease function of the corrections system.

Postrelease Function

Conditions of release: Restrictions on conduct that parolees must

obey as a legally binding requirement of being released.

Parole boards only release about 1/4 of inmates (65% in 1976)

80% of those released now under parole supervision (60% in 1960)

No truly “clean” start is possible

Learning Objective 2

Learning objective 2: Define community supervision and revocation of community supervision.

Community Supervision

Restrictions on parolees:Personal and material problems are staggering

Most are unskilled or semiskilled

Nearly 1/4 paroles fail within 6 months

Revocation

Revoked for 2 reasons: Committing new crime Violating conditions of parole (technical

violation): Usually involve noncriminal conduct (fail

to change address)Most occur when parolee is arrested

on a serious charge or cannot be located

Parole is a privilege

Technical Violation

Two-stage revocation proceeding: Parole board determines whether there is

probable cause that a violation has occurred: Right to be notified of charges Be informed of witnesses Be heard Present witnesses Confront parole board witnesses (safety)

Technical Violation

Two-stage revocation proceeding cont.: Parole board decides if the violation is

severe enough to warrant return to prison.Parole agency has several options:

Return parolee to prisonNote violation but strengthen supervisionNot violation but take no action

Highest rate of failure in first year

Learning Objective 3

Learning objective 3: Understand how community supervision is structured.

Structure

Three forces:Parole officerParole bureaucracyExperiences of offender

Complex web of attitudes, situations, policies, and random events determines outcome of supervision process.

Agents of Community Supervision

Cop and social workerTwo hidden conditions:

Officer have certain expectations about how clients will behave and how to treat them: Parental approach Welfare approach Punitive officers Passive agents

Supervision plan

Bureaucracy

Workload:Active v. reduced surveillanceParole officers spend as much as

80% of their time at nonsupervisory work

Philosophy and policyConstraints on officers’ authority:

Go along with the system

Bureaucracy

Affects offender’s postrelease experience in several ways:Provides rules and policies managing

workloads that would otherwise be unbearable.

Structures the activities of parole officers according to traditional philosophical orientations.

Provides a context of unwritten and informal norms that define appropriate and inappropriate officer conduct.

Learning Objective 4

Learning objective 4: Describe residential programs and how they help parolees.

Residential Programs

Community correctional centers: A small-group living facility for offenders,

especially those who have been recently released from prison: Usually provide counseling and drug

treatment Impose strict curfews Residents can gradually earn a reduction in

restrictions Idea is to provide treatment while promoting

step-by-step adjustment to community relief

Residential Programs

Work release center: A facility that allows offenders to work in

the community during the day while residing in the center during nonworking hours.

Two types: Prisoners work during day and return at

night Offenders work and live at home during

week, return to center on weekends

Learning Objective 5

Learning objective 5: Identify the major problems parolees confront.

Postrelease Life

Strangeness of reentrySupervision and SurveillanceUnmet personal needsBarriers to success:

Civil disabilities: Right to vote Public assistance and food stamps Public housing Driver’s licenses Adoptions and foster care Student loans

Postrelease Life

Barriers to success: Employment:

Expungement:A legal process that results in the removal of

a conviction from official records. Pardon:

An action of the executive branch of the state or federal government excusing an offense and absolving the offender of the consequences of the crime.

Learning Objective 6

Learning objective 6: Understand why some parolees are viewed as dangerous and how society handles this problem.

Parolee as Dangerous

By 1997, 32 states and the federal government had passed sex offender notification laws:Notification laws seem to have

heightened public discomfortIsolated tragedies can exaggerate the

actual dangerNo correlation between numbers of

parolees and crime rate

Learning Objective 7

Learning objective 7: Describe the effectiveness of postrelease supervision.

Effectiveness

Measured in terms of rates of recidivismLess than 1/2 of those released from

prison remain prison free after 3 yearsMandatory release only seems to work

for property offendersCase managementOverall, success of parole supervision

is mixed

NEXT WEEK:RESEARCH PAPERS DUE!CHAPTERS 18, 20 AND 21REVIEW FOR FINAL EXAM

THE END