Prisons Today: Change Stations or Warehouses? 

Chapter Objectives

1.    Explain the differences between the Pennsylvania and Auburn prison systems.

2.    Outline the nine eras of prison development.

3.    Describe the characteristics of today’s prisoners and discuss reasons for the incarceration of women and minority prisoners.

4.    Explain prisoner classification and its purposes.

5.    Discuss the arguments for and against faith-based correctional institutions.

6.    Explain what the evidence-based literature says about prison industries.

7.    Report on the availability of education and health care programs for prisoners.

8.    Compare state and federal prison organization and administration.

9.    Discuss the question “Does incarceration work?

Chapter Outlin

I. History of Prisons in America

·           Prisons are relatively modern social institutions, and their development is distinctly American.

·           The Pennsylvania and Auburn systems developed in the United States at the turn of the 19th century.

·           The Pennsylvania system represented a traditional approach to production—handcrafted labor in solitary cells.

o    In contrast, the Auburn system reflected the emerging developments of the Industrial Revolution—power machinery, factory production, and division of labor.

A. Stages of Development

Prisons in America have progressed through nine stages of development (Exhibit 7–1).

Many of the changes were influenced by cultural movements in society.

Penitentiary Era (1790–1825)

·           In 1790, the renovated Walnut Street Jail opened with a penitentiary wing that emphasized the Quakers’ religious belief in prisoner reform through reflection, penitance, and rehabilitation through good conduct.

o    From that beginning, two competing prison systems merged, the Pennsylvania system of separate and silent confinement and the Auburn system of harsh discipline and congregate but silent labor.

Mass Prison Era (1825–1876)

·           During the mass prison era, the idea of prison as a place for punishment flourished across the United States.

·           As a result, 35 more Auburn-system prisons were built, including Sing Sing in New York State in 1825, San Quentin in California in 1852, and Joliet in Illinois in 1858.

Reformatory Era (1876–1890)

·           Influenced by progressive beliefs that education and science were vehicles for controlling crime, the first reformatory for young men opened at Elmira, New York, in 1876.

·           The reformatory, whose prisoners had indeterminate sentences (a sentence for which a judge specifies a maximum length and a minimum length and for which an administrative agency, generally a parole board, determines the actual time of release), used a grading system that led to early release on parole and offered academic education, vocational training, individual rehabilitation, and military instruction and discipline.

Industrial Era (1890–1935)

·           During this time, inmates worked in prison industries.

·           As more states adopted the Auburn model, the contract system replaced the public accounts system.

·           During the industrial era, prisons progressed from the public accounts and contract systems of the Pennsylvania and Auburn prisons to convict lease, state use, and public works systems.

Punitive Era (1935–1945)

·           The closing of prison industries ushered in the punitive era with its emphasis on strict punishment and custody.

·           The holding of prisoners in the Big House, in complete idleness, monotony, and frustration, characterized this era.

Treatment Era (1945–1967)

·         The sixth era, treatment, emerged in response to prison riots across the United States.

·         Reform through classification, therapy, and increased use of the indeterminate sentence was the focus of the medical model, in which criminal behavior was regarded as a disease to be treated.

Community-Based Era (1967–1980)

·         Community-based corrections mostly developed after the 1960s although some community-based programs had begun a century earlier.

·         New York City Quakers opened the Isaac T. Hopper Home in 1845 as a shelter for released inmates; Zebulon Brockway opened the Detroit House of Corrections in 1861 as a shelter for released women; the Philadelphia House of Industry opened in 1889; and Maude Ballington Booth opened Hope Hall, a refuge for ex-inmates in New York, in the 1890s.

o    After that, the community-based concept lay dormant until the 1950s when church groups founded more halfway houses and then until 1967 when President Lyndon Johnson’s crime commission came to the conclusion that the community was a source of offenders’ problems.

·         The commission recommended that offenders be rehabilitated by using community resources.

o    More halfway houses, community corrections centers, intensive supervision probation programs, work release centers, and the like quickly spread across the United States.

Warehousing Era (1980–1995)

·         Discretionary parole board release was abolished in a number of states and the federal government, and the pendulum swung from rehabilitation to incapacitation.

·         Prisons were operating over capacity, and controlling prisoners in such an environment was difficult.

o    Extreme crowding resulted in violent outbreaks, which further hardened the attitudes of correctional policymakers and caused them to crack down even more.

Just-Deserts Era (1985–present)

·         Just deserts is not concerned with inmate rehabilitation, treatment, or reform.

o    It separates treatment from punishment.

·         Determinate sentencing, capital punishment, truth in sentencing, and three-strikes laws have grown in popularity.

II. Who Is In Prison Today?

·           In December 2012, the Bureau of Justice Statistics (BJS) reported that 15,023 fewer people were in prison at the end of 2011 than a year earlier.

·           The imprisonment rate—the number of sentenced prisoners per 100,000 U.S. residents—declined slightly for the second straight year, falling to 492 from 500 in 2010.

o    Imprisonment rates decreased in 28 states, increased in 18, and did not change in 4.

·           When prison and jail incarceration rates are combined, the United States imprisons 728 people per 100,000 population, up from 684 in 2000 and 601 in 1995.

o    In terms of prisoners per 100,000 people, that’s more than any other country in the world.

·           States with almost identical populations and crime rates have widely different rates of incarceration.

o    For example, in 2011 Wisconsin had a population of 5.7 million residents, a crime rate per 100,000 population of 2,670 offenses, and an incarceration rate of 359.

A. State and Federal Inmates Held in Privately Operated Facilities and Local Jails

·           At year-end 2011, 31 states and the federal system held 130,941 prisoners (8.2 percent of their prisoner population) in 107 privately operated prisons, up from 77,854 inmates in 101 private prisons in 2000.

·           Also at yearend 2011, 36 states and the federal system housed 5.1 percent (80,058) of their prisoner populations in local jails.

B. Gender

·           Women have historically represented a modest share of the prison population.

o    Today, almost 104,000 women are in state and federal prisons, representing 7 percent of the U.S. prison population.

·           At yearend 2011, California, Texas, and the federal system held 30 percent of all female inmates.

·           Two-thirds of women in prison are black, Hispanic, or of other nonwhite ethnic groups.

o    They are also young and poor.

o    Only one-third graduated high school or earned a GED.

o    Two-thirds have a history of physical or sexual abuse and 3.5 percent are HIV positive.

·           Scholars debate the reasons for the increase in women’s incarceration over men’s.

o    Some suggest that as women moved into jobs from which they were formerly excluded, they gained the opportunities and skills to commit criminal acts for which incarceration was appropriate punishment.

o    Others disagree, saying that poverty of young, female, single heads of households has contributed to the increase in women’s crime and incarceration, particularly for property and drug offenses.

C. Race

·           Although minorities comprise about 20 percent of the U.S. population, they make up 63 percent of all incarcerated offenders.

·           If current trends continue, 1 of every 3 black males born today can expect to go to prison in his lifetime as can 1 of every 6 Latino males compared to 1 in 17 white males.

·           Official prison data suggest that the reason more minorities are disproportionately in prison, and for longer terms, is differential crime offending.

·           Others argue that the higher arrest rates, convictions, and sentences to prison of blacks are a function of racial profiling and racism in the criminal justice system.

·           Still others argue that although discriminatory practices exist, it is improbable that criminal justice bias alone could account for the disproportionate arrest rates of blacks.

·           The levels of racial disparity are causing some states to implement racial impact statements.

·           They suggest the social problems of unemployment, economic deprivation, social disorganization, and social isolation of the nation’s inner cities as additional causes.

D. Age

·           The nation’s population is aging and this is reflected in the prison population.

·           Middle-aged inmates make up a growing portion of the prison population.

·           In 2000, 56 percent of the nation’s prisoners were between 18 and 34 years old, 40 percent were between 35 and 54, and 4 percent were over 55.

·           In 2011, for the fourth straight year, the representation of 18- to 34-year-olds had decreased to 47 percent, the presence of 35- to 54-year-olds had increased to 45 percent, and the presence of inmates 55 and older had increased to 8 percent.

E. Most Serious Offense

·           At yearend 2011, 53 percent of state prisoners were held for violent offenses, up from 46 percent in 1995.

·           The percentage of state prisoners held for property offenses dropped from 23 percent in 1995 to 10 percent in 2011, and the percentage held for drug offenses dropped from 22 to 17 percent across the same time period.

o    Still, the number of inmates doing time for drug violations in state and federal prison is triple what it was a decade ago.

III. Programs for Prisoners

·           Among the most important elements of an inmate’s institutional experience, are the programs and services available.

·           Today there is evidence-based research supporting the success rates against recidivism for correctional programs and services in education (academic and vocational), drug and alcohol, mental health, anger management, faith-based interventions, job readiness, and other programs.

A. Classification

·           Classification is the principle management tool for allocating scarce prison resources efficiently and minimizing the potential for escape or violence.

·           Classification is based on the premise that there are wide differences among prisoners.

Types of Classification

·           External classification determines an inmate’s security level (maximum, close, medium, minimum, or community) for interinstitutional placement.

·           Internal classification is intrainstitutional placement.

Advantages of classification

·           Separating inmates by risk level and program needs puts extremely aggressive inmates in high security, while those who require less or are at risk of being victimized are kept in low security.

·           A good classification system minimizes misclassification, thus promoting a safe environment for inmates and staff.

·           A good classification system more accurately places inmates and more effectively deploys staff.

·           A good classification system enhances prison security by reducing tension in prison.

B. Orientation to the Institution

·           Although the process of internal classification is being conducted, state and federal prison systems provide inmates an orientation to the institution.

o    It provides an introduction to all aspects of the institution and includes screening by staff from the case management, medical, and mental health units.

C. Unit Management: Faith-Based and Veteran Dorms

·           In the federal system and in a number of states, prisons and jails use a unit management system.

·           The purpose of dividing prisons into functional units, each with its own permanently assigned staff and a unit manager who serves as a “mini warden,” was to improve program delivery.

·           Many units—drug treatment units, in particular—were established to focus on specific program needs.

·           Traditional correctional institutions make decisions through a centralized and hierarchical management structure whereas unit management strives to decentralize decision making.

·           Two types of unit management are faith-based and veterans dorms.

o    In faith-based honor dorms, inmates volunteer to be housed in facilities that provide special activities and classes, religious and secular, aimed at character development and personal growth.

o    Veterans-only facilities house and assist the growing number of Iraq and Afghanistan war veterans who are incarcerated.

D. Work Assignments

·           Work is a very important part of institutional management and offender programs.

·           Prison work is generally one of three types—operational assignments within the institution, community projects, or prison industry.

Operational Assignments

·           In operational assignments within the institution, inmates perform tasks necessary to the functioning of the facility or larger corrections system.

·           Institutional maintenance assignments including farm and other agricultural activities are the largest single option for inmate work.

Community Projects

·           Through community projects offenders contribute their labor to benefit the community while developing job skills in a practical, nonprison setting.

·           Community work usually takes the form of construction, landscaping, horticulture, and agriculture activities.

State Prison Industries and the Prison Industry Enhancement Certification Program (PIECP)

·           PIECP allows inmates to work for a private employer in a “free-world” occupation and earn the prevailing wage.

·           Eighty-two percent of U.S. voters said that job training is very important for a person to reintegrate successfully into society after incarceration.

What Impact Does PIECP Have?

·           In June 2006, researchers at the University of Baltimore asked whether PIECP inmates return to prison less frequently or enter more successful employment than inmates in traditional prison industries and those who did not work at all.

o    The researchers found that PIECP inmates became tax-paying citizens more quickly and remained in that status longer than inmates who worked in traditional prison industries or not at all.

Federal Prison Industries and UNICOR

·           In the federal system, legislation authorizing the establishment of paid inmate work programs was introduced in Congress in 1934.

·           On June 23, 1934, President Roosevelt signed the law that authorized the establishment of Federal Prison Industries (FPI).

o    FPI is a federal work program in which inmates are paid.

o    Better known by its trade name, UNICOR, FPI is a self-supporting corporation owned by the federal government and overseen by a governing board appointed by the president.

What Impact Does UNICOR Have?

·           More than 10 years ago, the federal BOP released a study that compared the postrelease activities of a group of inmates who had participated in UNICOR programs with those of another group of inmates who had not.

o    The study found that inmates employed by UNICOR were 24 percent more likely, upon release, to become employed and remain crime free for as long as 12 years after release than those who were not involved in UNICOR programs.

E. Education and Recreation Programs

·           The majority of prisoners cannot read or write well enough to function in society.

·           Among federal and state inmates, about 37 percent do not have a high school diploma or a GED compared to 19 percent of the general population.

·           An estimated 30 to 50 percent of inmates have a learning disability compared with 5 to 15 percent of the general adult population.

·           Recreation and organized sports can make doing time more bearable and, as a result, make the jobs of correctional officers easier.

TIP: Explain how eliminating recreation programs and the “amenities” inmates receive could cause prisons to return to the poor conditions of the earlier eras which resulted in riots.

F. Physical and Mental Health Care

·           Investments in prisoner health care mean fewer correctional disturbances, disciplinary actions, and inmate injuries and less negative publicity for the institution.

·           Prison and jail systems are obligated to provide health care to inmates.

·           According to an excellent review of legal health care standards and the legal remedies available to prisoners, the courts support the principle of least eligibility: that prison conditions—including the delivery of health care—must be a step below those of the working class and people on welfare.

IV. Prison Organization and Administration

·           Jurisdictions use a variety of capacity measures to reflect both the space available to house inmates and the ability to staff and operate an institution.

o    Some use rated capacity, which is the number of beds or inmates a state official assigns to an institution.

o    Some use operational capacity , the number of inmates that a facility’s staff, existing programs, and services can accommodate.

o    Others use design capacity , the number of inmates that planners or architects intend for the facility.

A. State Prison Systems

Organization

·           The administration of state prisons is a function of the executive branch of government.

·           The organization styles found across the United States developed over time and are the result of political interaction and accommodation among government agencies and interest groups.

Size and Costs

·           State departments of corrections vary in size.

o    In 2011, one of the smallest was South Dakota’s with more than 900 employees working in juvenile and adult institutions and community services and an annual operating budget of $108 million.

o    The largest was California’s with 66,800 authorized positions and an annual operating budget of $9.5 billion.

·           Depending on the prison security level, the capital costs of building one prison cell can be as much as $100,000.

o    However, more than two-thirds of the states and the BOP have cut corrections personnel, salaries, benefits, and overtime since the 2007 economic downturn began.

B. Federal Bureau of Prisons

·           The federal Bureau of Prisons (BOP) is an entirely separate system from state and local prison systems.

·           The BOP was formally established in 1930.

·           Today the BOP houses over 216,000 inmates in 117 federal institutions, 15 privately managed prisons, 185 residential reentry centers, and home detention.

Bureau of Prisons

·           Data show that a growing proportion of federal inmates are incarcerated for immigration- and weapons-related offenses, but the largest portion of newly admitted inmates are incarcerated for drug offenses.

o    More than a quarter of the federal prison population are noncitizens imprisoned for immigration crimes (crimes committed by illegal immigrants) because some countries such as Cuba and Vietnam refuse to take back their convicted citizens, leaving the BOP to hold the foreigners indefinitely.

C. Prison Security Levels

·           Prisons are classified by the level of security they provide.

o    Most jurisdictions use maximum-, medium-, and minimum-security classifications.

V. Does Incarceration Work?

·           In June 2002, the Bureau of Justice Statistics reported on the recidivism of 272,111 prisoners discharged from 15 states and tracked for three years after their release in 1994.

o    Overall, 68 percent were rearrested within three years, and a little more than half were back in prison for committing a new crime or for violating the rules of their supervision.

·           The common expectation is that crime rates will decline as the number of persons incarcerated increases and that crime will increase if incarceration rates fall.

o    However, there is no strong or consistent relationship between the incarceration rate and the crime rate.