Chapter 26

Chapter 26
Volunteering
Objectives
Explain the role of volunteer work within a correctional environmentOutline the best mechanism to recruit and secure volunteersDetermine methods to ensure long-term success of volunteer programs
Types of Volunteers
Direct Service VolunteersGenerally provide onsite services to the programRange from infrequent brief participation with a large group to daily or weekly involvementDemands the greatest sacrifice of time from a participant and may involve additional risk
Types of Volunteers(cont.)
Indirect Service VolunteersTypically not involved onsite and generally do not have contact with the primary receivers of serviceParticipate 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
Source of Volunteers
Individuals with particular skills known by key agency or facility staffCivic clubsReligious organizations and churchesFraternal organizationsCrime victimsSpecial purpose organizations
Source of Volunteers(cont.)
Best mechanism to meeting volunteer needs is to solicit individuals through key staffCivic clubs and mainline religious organizations often have core commitments to serving their community, including correctional facilitiesAA and NA are key to service provision for substance abuse services
Components of an Effective Volunteer Program
Development and OrganizationInitial development and organization of the volunteer program will help ensure effectivenessPolicies and procedures must be drafted and incorporated into the formal structure of the departmental programInherent in the effort should be clear lines of authority of a volunteer coordinator
Components of an Effective Volunteer Program (cont.)
RecruitmentFailure to enlist enough volunteers will endanger a program’s successToo many people can be overwhelming and chaoticSelectionInterviews, education about expectations, and discussion of volunteer goals are essential elements of selection processCurrent or recently released inmates are generally not appropriate
Components of an Effective Volunteer Program (cont.)
OrientationVolunteers should participate in a structured orientation program that includes:Basic mission and goals of agencyFacility service area and division in which service will be providedBasic security proceduresSafety and emergency proceduresCultural diversity awareness
Components of an Effective Volunteer Program (cont.)
TrainingThe curricula and length of training will vary in accordance with the scope and frequency of services providedRecognitionPerhaps one of the most important elements of ensuring the long-term success of a volunteer program is the formal recognition of volunteers’ contributions
Volunteer Programming Ideas
Religious ServicesMost traditional and largest area of volunteer service is religious programmingStaff chaplain handles coordination of volunteersFacilities typically are unable to provide assistance to all faith groups without the help of volunteers
Volunteer Programming Ideas (cont.)
RecreationVolunteers compete as individuals or teams, participate in training officials, or serve as coaches or fansStaff TrainingProfessional development of staff is a good way to involve the community in the institution
Volunteer Programming Ideas (cont.)
Social ServicesEducation is a cornerstone of any program to reduce recidivismOften requires volunteer assistance for education and vocational trainingSubstance AbuseAA and NA have long record of accomplishment in correctionsPre- and PostreleaseLittle budgetary support, which requires support from community when offender is released
Conclusion
Everyone is a winner in a properly organized and administered volunteer programInmates receive services they would otherwise not receive, and staff receive the benefit of community expertise
Section IV
Inmate Management and Programming
Chapter 27
Disciplinary Procedures
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.
Introduction
Discipline policy regulates inmate conduct and keeps conduct within limits of acceptable standards of behaviorWell-implemented policy will instill respect for authority
Importance of Inmate Discipline
GoalsMake inmate conduct conform to standard of behaviorSafe and orderly living environmentInstill respect for authorityTeach values and respectful behaviorMost correctional institutions allow free movement of inmatesHowever, such movement increase the need for discipline
Essentials of Inmate Discipline
Should be a written set of rules defining expected inmate behavior and procedures for handling misconductRules for discipline must be communicated clearlyDisciplinary policy must specify how inmates will be notified for suspected misconduct, how sanctions will be imposed, and their rights to be heard
Informal Resolution of Misconduct
Goals of disciplinary policy may be achieved in many cases without formal processingOfficers may take an inmate aside and explain the proper procedureSometimes give minor sanctions without formal chargesEven informal sanctions should be applied consistently
Due Process Requirements
Due process is considered a set of procedures that ensure that the action taken is fairSandin v. ConnerPurpose of prison disciplinary action is to achieve good prison managementAs long as disciplinary action does not add on to the length of the sentence, it is allowable
Due Process Requirements (cont.)
Wolff v. McDonnellPrison hearings are “administrative” and call for less procedural protection than court proceedingsDue process standardsAdvanced written notice to inmateAt least 24 hours to prepare after noticeInmate allowed to call witnessesRepresentative to assist inmate in defenseStatement by an impartial disciplinary committee of the evidence to support the fact finding
Due Process Requirements (cont.)
Other relevant casesBaxter v. PalmigianoInmates are not entitled to counsel in disciplinary hearingsSuperintendent v. HillDue process only requires “some” evidence to support the finding of the disciplinary board
Use of Informants
Supervisors and officers often rely on this information to maintain safety and securityHowever, they must ascertain the accuracy of informants to protect against fabrication of informationReliability is often determined based on corroboration of facts by other evidence
Inmate Appeals and Grievances
May be one or two levels of appealsMany agencies do not allow discipline matters to be taken to the grievance systemDisciplinary actions are the most frequent category of matters taken to courtReview of disciplinary actions on appeal is typically limited to procedural appeals
Personal Liability
Essential that staff follow rules to avoid personal liabilitySection 1983 of Civil Rights Act of 1871 is most frequently used federal legal actionCan give injunctive relief as well as award monetary damagesCorrections workers can be held personally liable if they do not follow constitutional requirements established by the courts
Conclusion
Disciplinary policy must be written carefully to ensure fairness and guarantee basic due process standards
Chapter 28
Grievance Procedures
Objectives
Describe the history of inmate grievance procedures, including when and why they were developedExplore the principles of model grievance systems and the application to actual systemsDetail 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
Introduction
Inmate grievance system is a structured, institutional process that provides a forum for inmates to seek redress for issues or complaintsSet of established, written rules detailing the issues that may be grieved, timeframes, and specific steps in filing a grievance
History of Inmate Grievance Procedures
Number of informal mechanisms emerged in 1970sOmbudsmanBringing in someone from outside the institution to investigate and review complaintsOnly recommend corrective actionInmate advisory groupRecommendations limited to corrective actionHearing panelsOrder corrective action, not just recommend
History of Inmate Grievance Procedures(cont.)
Mechanisms employed disorganized, informal processes that produced inconsistent and contentious resultsProvided a breeding ground for inmate lawsuits in the 1970sFrivolous nature of lawsuits lead to public pressure to curtail inmate lawsuits
Establishment of Written Inmate Grievance Systems
Civil Rights of Institutionalized Persons Act of 1980 formalized the procedures of an inmate grievance systemRequired Attorney General to establish minimum standards to be used in inmate grievance proceduresOffice of Inmate Grievance Procedure Certification was established to oversee certification process
Core Elements of a Grievance System
Specification of written Grievance ProceduresSystem must be recorded formallySpecify the institutions to be covered by process as well as process of documenting adherence to the systemInmates must have opportunity to be involved in formation and implementation of systemCommunication of processAll inmates and staff should be notified in writingInclude language spoken by a significant number of inmates
Core Elements of a Grievance System (cont.)
Specification of accessibility to processAll inmates must have access to systemApplicability of process to complaintsInmates must be allowed to file grievances regarding issues of policy, conditions of confinement, actions of employees, and issues that affect them personallyRemedies available under the processMust be meaningfulMay include corrective action, restitution, monetary reimbursement, actions against personnel, etc.
Core Elements of a Grievance System (cont.)
Appropriate protection against reprisalsProcess must provide protections for inmatesEmergency situations are those in which adherence to a fixed time limit might result in personal injury or serious harmRecordsRequirement of documentation throughout processInitiation of grievance includes standard formInstitutions must also collect data on grievances
Core Elements of a Grievance System (cont.)
EvaluationNumber of complaints filedTypes of grievancesFrequency and type of emergency grievancesResolution of grievancesAverage lengths of time between filing and resolution
Core Elements of a Grievance System (cont.)
Other applicable requirementsMust have specific time limits that govern written replies to grievancesEntire process completed within 90 days of filingInvestigation process must be explicitly stated within systemWritten response must be provided at each level of reviewSystem must involve independent review
Rationale Behind Establishment of Written Grievance Systems
Primary impetus was to establish a systematic, unbiased procedure for resolving inmate complaintsBenefitsProvides practical and legal protection for inmates and staffOpportunity to lodge complaint alleviates some of the pains of imprisonment for inmatesReduces number of lawsuitsStatistics on grievances can provide a picture] of the climate of the institution and areas in need of improvement
Weaknesses of Inmate Grievance Systems
Frustration by inmates when resolutions do not go their waySystem can become overburdenedIncreased amount of paperworkInmates must perceive the system and administrators to be fair
Conclusion
It is imperative that inmate grievance systems be administered effectively to ensure that their intended benefits are realized.
Chapter 29
Protective Custody
Objectives
Define protective custody and its formsDifferentiate between disciplinary status and protective custody status and explain the stigma of protective custodyUnderstand protective custody as a component of the wider prison subculture
Defining Protective Custody
“Form of separation from the general population for inmates requesting or requiring protection from other inmates”Specialized, segregated housingApplicationPrison subculture attaches a stigma to PC status and to the prisonersInformal or unofficial PC still involves stigma, but without the placement in formal housing
Defining Protective Custody (cont.)
Self-imposed protective custodyIntentionally breaking rules to receive segregationOrganizing activities to avoid interaction with certain persons or groupsEstablishing patterns of close affiliation with staff (i.e. trustees)Affiliation with other prisoners or groupsSeeking to protect themselves through aggression
Defining Protective Custody (cont.)
StigmaLack of social acceptanceDiminished respect from othersAct of opting for PC label may lead to victimization at the hands of other prisoners or staff
Estimating the Number of PC Prisoners
Estimates range from 6000 to 8000 prisoners nationwide – approximately 1% of prison populationBoth unofficial and non-PC protective activities are more common in prison environment
Formal PC Procedures and Operations
Two proceduresInmates request the status and have it grantedStaff members in classification decide that prisoner needs to be housed in PCPC consumes money and staff timeSame services and programs should be provided for PC inmates as for othersOfficials need to screen requests
Formal PC Procedures and Operations (cont.)
Challenge to balance liability concerns against the need to weed out illegitimate requestsPossibility of staff abusing PC statusMost PC units include a diversity of types of inmatesResult of diversity can provide a serious management challenge
Formal PC Procedures and Operations (cont.)
Living in PCMay be separate or part of administrative segregationMinimal room for distinguishing PC prisoners from those in disciplinary segregationPrisoners are exposed to negative attitudes from other inmates and staffSome feel safer and experience less stressPC units experience a high number of physical and psychological problems
Formal PC Procedures and Operations (cont.)
Transition from PCClassification and casework officials made decisions about length of stayConsider threats to safetyNeglecting transition can be a serious mistakeUnderestimation of prisoner subculture can result in injury or even death
Effects of PC
Positive effects include protection from victimization, feelings of greater safety, lowered stress, environmental stimulationStigmatization lies at the crux of negative outcomesCan contribute to victimizationOften prisoners have little access to programs and spend much of their time in cells
Effects of PC (cont.)
PC prisoners may respond to stigmatization by:Trying to correct source of the stigmaAdopting an unconventional identity implied by the stigmaUsing the stigma as an excuse for shortcomingsComing to view the stigma as beneficialAvoid contact with peers who lack stigmaAlter interaction with non-stigmatized personsPC can also have a deleterious effect on self-concept
Legal Considerations
Very little case law to determine legal rightsKey to whether correctional officials can be held liable for actions is determination that an inherent duty to protect existsDelineation 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
Legal Considerations (cont.)
Most courts require that PC prisoners receive the same services and facilities as other inmatesNegligence on the part of prison officials does not equate to a constitutional violationHave 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.
Conclusion
Greater attention needs to be given to systematically transitioning inmates from PC to other settingsMust consider stigma and protect from other inmates.