Silent System - Eastern State Penitentiary was not designed as a jail or a prison but as a penitentiary, where it was expected

that inmates would reflect on their lives of crime and change their ways. - Prisoners were kept in isolation from one another to avoid corrupting influences, and a silent system was enforced. - The silent system required that prisoners communicate only with guards or prison officials; communication with other prisoners was forbidden. - The goal of incarceration was to evoke penitence in the prisoner, with the idea that guilt and remorse or repentance would lead to rehabilitation, and prisoners could be released to lead normal, productive lives. Congregate Work System - The Auburn Prison was a walled-maximum security prison with inmate cells located in the center of a secure building. - Auburns cells were too small to be the inmates home, so they were only for sleeping; during the day, inmates were moved to other areas to work and eat. This pattern is known as the congregate work system. - Because inmates were moved form place to place within the prison, Auburn required a different type of administration. - To minimize the opportunity for plotting escapes or uprisings, inmates were not permitted to talk to one another. - However, unlike in the Eastern State Penitentiary, the silent system was more difficult to enforce, because inmates worked and ate together and met as they moved from place to place in the prison. - To enforce silence, Auburn adopted a system of corporal punishment for violations of the rule. Chain Gangs - Southern state developed their own unique prison system, based on historical circumstances. - Work and living conditions for inmates were wretched, and convicts worked 12 to 15 hours a day. - To prevent escapes when the prisoners worked in open areas, they were shackled together in what came to be known as the chain gang. - The prisoner death rate in this system was over twice as high in southern prisons as in northern prisons. Prison Farms - In the prison farm system, rather than lease prison labor to private contractors, the state used inmate labor to maintain large prison farm complexes. - These prison farms were expected to be self-sufficient and profit-making.

Rising Costs of Incarceration - Incarceration is a significant cost to local, state, and federal governments. - Three changes had a significant influence on the rising cost of incarceration. - Education and Rehabilitation Programs o As the philosophy of the criminal man was replaced by correctional philosophies founded on sociological theories, educational and rehabilitation programs were introduced as a primary mission of prisons. o These programs greatly added to the cost of prisons. - Restrictions on Prison-Made Goods and Services o During the Great Depression, the federal government and many states passed laws prohibiting the sale of convict-made products and services, which competed with local businesses on the open market. o The operating capital that prisons had been able to generate through prison-industry-made goods and services dried up. - Recognition of Constitutional Rights of Prisoners o It was the established law of the land in the United States up until the 1960s that incarcerated inmates had no right to bring any civil suit for any reason related to their imprisonment to the courts. o When the Warren Court voided the doctrine of civil death, lawsuits challenging conditions of imprisonment and denial of civil rights flooded the courts. o As prisons were held accountable for providing minimum standards of living, food, and protection of civil rights, the cost of incarceration increased. - Number of Prisons o The cost of prisons is expensive in that as the incarceration rate rises to record levels, the number of prisons required to house the inmates increases. o Prison construction is one of the most expensive construction projects because of the security and sophistication of technology required. - Cost of Correctional o The cost of imprisonment is forcing some states to slash prison budgets, lay off staff, and release prisoners early because there are insufficient funds to continue to pay for the high cost of incarceration. Native American Country Jails - Native American country jails incarcerate only Native Americans living in Native American country who have been sentenced by a Native American court for an offense committed there. - Serious crimes are the authority of the Federal Bureau of Investigation and offenders are tried in federal courts and serve time in federal civilian institutions.

The maximum sentence for persons confined in Native American country jails is 1 year. About one third of the Native American country jails are located in Arizona. Most Native American country jails operate near full capacity and a number operate at more than 50 percent over rated capacity. Native American country jails are also challenged by providing treatment and counseling programs to address the many behavioral and addiction problems of inmates.

Federal Jails - Federal jails house inmates incarcerated for misdemeanor offenses (sentences less than 1 year). - The primary purpose of federal jails is to hold federal jail inmates convicted of misdemeanor crimes and federal jail inmates awaiting adjudication or transfer. - Federal jail inmates may be transferred to one of the 11 federal jails if the jail population becomes too large or if an inmate is a disciplinary problem. City and County Jails - There are over 3,330 local or county jails. - About 47 percent of these jails have a capacity of fewer than 50 inmates. - Less than 3 percent of the jails have a capacity of more than 1,000 inmates. - Local governments must support and staff their jails. - When cities and counties are economically challenged and do not have the resources to finance jail operations, conditions in jails can result in lawsuits by inmates and takeover by the courts. - About 78 percent of sheriffs offices operate a jail. - Jails not operated by a sheriffs office are managed by a county department of corrections employing only civilian personnel. - Inmates range from persons waiting to post bail to murderers. Municipal Jails - In some counties, the sheriff maintains the county jail, and the police department maintains a separate municipal jail. - The primary purpose of municipal jails is the temporary housing of arrestees until they can be booked and moved to another facility or pay their bail, or until detectives can determine whether they are to be charged with a crime. - Municipal jails are not correctional institutions and prisoners are not sent to these facilities to serve time as their punishment for a crime. Prisoner Classification

Each prison is distinguished by its security level and the programs available to inmates at the institution. Before incarceration in a state prison, an inmate undergoes an extensive examination and assessment to determine an assignment to a particular facility. At the states reception and diagnosis facility, the classification process includes identification of the inmate, examination of the inmates criminal record, evaluation of the inmates mental capacity and psychological stability, and the assessment of other factors that may influence his or her assignment, such as gang membership, age, and educational achievement.

Prison Economy - The exchange of goods, services, and contraband by prisoners in the place of money. - Female inmates can perform sexual favors on male correctional officers in exchange for avoiding retribution, getting drugs, or obtaining extra privileges, such as staying up after hours. Dependent Children and Broken Families - More than 1.5 million children in the United States have parents in prison. - The burden of incarceration falls heavier on female offenders than on male offenders. - Families are more likely to be broken by a womans confinement in the criminal justice system than by a mans. - About 80 percent of female inmates have dependent children. - Female offenders have fewer visits with family during their incarceration than do male offenders. - On their return to the community, female offenders are likely to face significant problems, including parental poverty, unemployment, substance abuse, low self-esteem, and ill health. - Children of incarcerated parents are five times more likely to offend than are children whose parents have not been incarcerated. Alcatraz - In 1934, the newly formed Federal Bureau of Prisons built one of the most infamous prisons in U.S. history the United States Penitentiary at Alcatraz, California, in San Francisco Bay. - The most violent and highest security risk inmates were then transferred from the various federal prisons to Alcatraz, a maximum security prison without any rehabilitation, educational, or treatment programs. - Its primary goal was the incarceration of high-risk inmates, and it gave little, if any, attention to rehabilitation goals, vocational programs, or educational programs.

The prison was closed permanently in 1963 and today remains a popular tourist destination.

Federal Bureau of Prisons Security Levels - Minimum Security o Relatively low staff-to-inmate ratio. o Dormitory housing. o Limited or no perimeter fencing or guard towers. o Work and program-oriented, frequently adjacent to larger institutions, where inmates help serve the labor needs of the larger institution. o Inmates may be allowed limited unsupervised travel and community access. - Low Security o Higher staff-to-inmate ratio than minimum security. o Mostly dormitory or cubicle housing. o Double-fenced perimeters, o Strong work and program components (education programs or vocational training). o Inmates may be allowed community access for work and educational programs. - Medium Security o Higher staff-to-inmate ratio than low security. o Mostly cell-type housing. o Strengthened perimeters (double fences and electronic detection systems). o Internal movement of prisoners more restricted. o May include wide variety of work and treatment programs. o Very restricted community access. - High Security o Highest staff-to-inmate ratio. o Multiple and single-occupant cell housing. o Highly secured perimeters (high walls extending underground, reinforced fences, armed guard towers). o Close control of inmate movement. o Inmates not permitted to have access to work or education programs in the community. Prison Gangs - Special Security Risks Prison gangs pose special security risks and create a higher risk of violence because of the following: o Gang codes of conduct discourage obedience to prison rules. o Gangs frequently are involved in trafficking of prison contraband and protection.

Deinstitutionalization - The intention of the legislation was that mentally ill people would receive community-based care instead of long-term hospitalization that differed little from incarceration. - It was thought that with proper medication, community-based care would be a more humane alternative to long-term hospitalization. - However, deinstitutionalization did not work as planned, as there were too few community-based facilities, those with mental illness did not take their medications, and jails and prisons became the dumping ground for such individuals. Prisonization - The prison environment encourages the development of prisonization, socialization into a distinct prison subculture with its own values, mores, norms, and sanctions. Prison Code - Prisonization results in a subculture for inmates in which the rules of conduct are distinctly different from the official rules of the institution and from society in general. - Prisoners learn to adapt to this prison code and conduct their life in prison by it. - However, the prisoner with mental illness, who has difficulty adapting to society in general, often is unable to relate to fellow prisoners and conform to the prison code while at the same time maintaining the appearance of obedience to the institutional rules and norms.

Diversion and Probation - In diversion, the defendant is offered an alternative to a criminal trial, possible conviction, and prison sentence, such as drug court, boot camp, or a treatment program. - When a defendant is convicted in a criminal court and sentenced to prison but the prison term is suspended, the defendant does not have to serve time in prison and is said to be on suspended sentence, or probation. - Probation, a sentencing option of the trial judge, diverts the offender after conviction but prior to serving prison time. Good-Time Credit - Another form of mandatory release is when prisoners have served less than their full sentences but have earned good-time credit that entitles them to an early release. - Good-time credit toward early release is a strategy to encourage the prisoners to obey institutional rules, refrain from violence and drug use, and participate in rehabilitation and vocational programs. - When the inmate is processed into the system, a percentage of the inmates sentence is converted into good-time behavior. - For many states, this is 15 percent or more of the time to be served. Goodtime computation in the federal system is much less generous than in state prison systems. - The Comprehensive Crime Control Act of 1984 reformed the federal goodtime provisions such that federal prisoners earn a maximum of 54 days annually after completion of the first year of a sentence. Executive Pardons and Commutation of Sentence - Prisoners may not have to serve the entire length of their sentences because they are pardoned or have their sentences commuted. - Pardon and commutation are forms of executive forgiveness and are not forms of probation or parole. - Pardon and commutation of sentence can be performed only by the governor of the state for state prisoners or by the president of the United States for federal and military prisoners. - Pardons and commutation of sentence are acts of mercy and do not indicate that an inmate is not guilty or was wrongfully sentenced. - There are no limitations on the number of pardons that governors and presidents may grant, and there are no guidelines or laws regulating who they may pardon and under what conditions. - No one has the authority to revoke a pardon or to overrule the governor or president. - In commutation of sentence, the governor or president reduces the severity of an inmates sentence. The most common use of executive commutation is

to reduce a prisoners sentence from death to life in prison and from life without parole to life with parole. Probation - Today, more people are on probation and parole than are sentenced to prison. - In 2007, over 4.3 million adults under federal, state, or local jurisdiction were on probation. Origins of American Probation - The roots of probation can be traced to the efforts of John Augustus, a wealthy Boston shoemaker who devoted himself to bringing reform to the eighteenth-century criminal justice system. - As a private citizen, he used his personal finances to guarantee bail for defendants selected for diversion from jail. - In 1841, Augustus initiated what came to be known as probation. From that time on, John Augustus monitored court trials and rescued more than 2,000 defendants from incarceration. - Other volunteers continued Augustuss work after his death until Massachusetts passed the first probation statute in 1878. - By 1900, four other states had passed similar legislation. - By 1920, every sate permitted juvenile probation, and 33 states had adopted a system of adult probation. Presentence Investigation - Presentence investigation reports contain information about the following: o A narrative of the circumstances of the offense. o The defendants entire criminal history. o A description of the defendants lifestyle, including employment and financial responsibility, support to family, and contribution to the community. o Available sentencing options for the crime. o Factors that would support a decision for probation; that is, potential for rehabilitation, lack of risk to the community, restitution to the victim, costs to the criminal justice system, etc. Rules of Evidence - Probation status can be revoked at any time if offenders test positive for drugs, are found in possession of a weapon, commit another crime, lose employment, or fail to complete a treatment program. - Offenders whose probation status is revoked are returned to prison to serve their entire sentence.

Different rules of evidence apply to the probation revocation hearing from those a trial. Probation officers have the right of search and seizure of the probationer and his or her residence without a search warrant, consent, or probable cause. Probation officers do not have to advise probationers of their rights against self-incrimination, and probationers have only limited protection against self-incrimination. Probation officers also can enter the probationers vehicle at any time without permission. Probationers do have the right to counsel at their revocation hearing, and if they cannot afford counsel, they are entitled to a defense counsel paid for by the government.

Pros and Cons of Parole - Youthful Offenders o Warden Zebulon Brockway instituted the practice of early release at Elmira Reformatory in 1876 as a means to promote rehabilitation of youthful offenders as opposed to punishment. o Brockways use of early conditional release combined with mandatory community supervision was the first significant use of parole in America. - Promoting of Rehabilitation o Although it promoted the rehabilitation of offenders in the community, parole did not become an overnight success. o The first federal parole statute was adopted in 1867, providing for the reduction of sentences of federal prisoners for good conduct. - Public Opposition o In the United States, public opposition to parole is still widespread. o This disdain for parole is reflected in the abandonment of the practice by the federal court system and many states. o The public seems to want criminals sentenced to prison to get the amount of time they deserve. o This belief is based in part on the publics fear that prisoners released early will return to a life of crime. o One reason the public feels safer is because indeed probation violators commit a significant number of crimes when released from prison. - Rates of Reoffending o Probation and parole violators have committed over 13,000 murders, 13,000 rapes, 40,000 robberies, 19,000 assaults, and 40,000 burglaries. o Those opposed to early release, especially parole, say that if these offenders had remained in prison, it could be argued that these crimes would not have occurred.

o They argue that often the cost of the crimes committed by the probation and parole violator is not taken into account when calculating the cost effectiveness of probation and parole. o Only 51 percent of adults successfully completed the conditions of parole, compared to 65 percent of adults who successfully completed probation. The Irish System of Parole - Sir Walter Crofton pioneered the practice of conditional release for inmates prior to completing their sentences based on good behavior. - Croftons Irish system provided a continuum of conditions of supervision based on the prisoners behavior. - Initially prisoners were placed in solitary confinement but could work their way to greater freedom. - In the final stages of the Irish system, prisoners were assigned to work programs outside the prison and could earn a ticket of leave entitling them to early release under supervision. - Croftons Irish system is the model on which the American parole system is based. Independent and Consolidated Model of Parole Board - Two models for administering state parole boards under the authority of the executive branch of government are the independent model and the consolidated model. - In the independent model, the parole board is an autonomous administrative unit with the power to make parole release decisions and to supervise all conditionally released inmates. - In the consolidated model, the parole board is under the authority of the state Department of Corrections as a specialty unit within the department that makes decisions about conditional early released.

Incarceration Fails to Prepare Offenders for Reentry - Huge Expense and Number of Prisoners o The United States has the largest, most expensive, and fastest-growing prison system in the world. o To keep up with the demand for new bed space, the federal government and states have had to build a record number of prisons in the last decade. - Record Number of Released Prisoners o Despite the record number of persons sentenced to prison, there is a record number of persons being released from prisons. o At least 95 percent of all state prisoners will be released from prison at some point. o Most offenders sentenced to prison return to the community within 2 years. - Unsuccessful Reentry Into Communities o Most states require offenders to be returned to the counties where they lived before entering prison. o Once returned to their old neighborhoods, most offenders quickly fall into the lifestyles that led to their arrests. o Two-thirds of all parolees are rearrested within 3 years. - Lack of Support Services o Offenders who served 5 years or more in federal prison were more likely to return to federal prison than those who served terms of less than 5 years. o Upon their release from prison, most inmates are not prepared to successfully reenter the community. o Most will have nowhere to go, because they do not have family or friends to support them. o Those communities to which offenders are returned are not prepared to provide the services that these persons need. - Ineffectiveness of Parole o Offenders released under traditional parole are finding that the shortage of probation and parole officers means they infrequently see their supervising officer. o There is little oversight of their activities and little assistance to help them successfully renter the community. - Problems For the Community o The failure of offenders to be reintegrated into the community poses a serious problem for the criminal justice system. o As the unprecedented numbers of offenders go home, their failure results in other social problems, such as increases in child abuse, family violence, the spread of infectious diseases, homelessness, and community disorganization. o Adult imprisonment has economic, sociological, and psychological impacts on children that often results in behavioral and psychological problems for the children.

Intensive Probation Supervision - In an effort to improve the effectiveness of probation and parole, to ensure community safety, and to promote greater success in reentry, probation and parole officers have adopted a new form of supervision of offenders, called intensive probation supervision. - In IPS, the probation and parole officer has a smaller caseload and more emphasis is placed on officer compliance with the conditions of supervision. - The offender may be required to report daily as well as submit to on-site visits by the probation and parole officer. Split Sentencing - In split sentencing, after a brief period of imprisonment, usually in a jail for as little as 30 days rather than in a long-term confinement facility, the offender is brought back to court. - At that time, the judge then offers the option of probation. - In split sentencing, the offender does not have to apply for parole, have a parole hearing, or present a parole plan to obtain his or her release from prison. - Split sentencing is effective in two ways. First the offender was not expecting any prison sentence. Thus, even a brief period of imprisonment comes as a shock. - Second, the sentence exposes the offender to the realities of institutional confinement, but the offender is removed before he or she has time to adjust to institutionalization. Effectiveness of Boot Camps - Inmates who participate in boot camps serve substantially shorter prison time. - One of the main purposes of brief, intensive, shock incarceration programs is to reduce the need for prison bedspace by permitting shorter terms of imprisonment. - Although boot camps may be more expensive to operate on a per-day, perinmate basis, they save money in the long run, because inmates serve less time in a boot camp than they would in a regular prison. - Supporters of the program argue that if the return-to-prison rate for offenders is comparable, boot camps pose no increased risk to the community, cost less than prison, and reduce the need to build more prisons, then they are indeed effective alternatives to prison. Electronic Monitoring

In the past two decades, there have been significant changes in the technology for monitoring offenders sentenced to home confinement. Early systems were passive-programmed contact systems, which used a computer programmed to make random calls to the offender at times when he or she was supposed to be home. The next generation of electronic monitoring systems used continuous signaling systems, that monitor the offenders movements 100 percent of the time. The third generation of electronic monitoring devices incorporated the advantages of global positioning system technology, involving the use of satellites, not only to monitor the offender at home, but to have the ability to track every movement of the offender in real time.

Faith-Based Programs - A new strategy to promote successful reentry has been the use of faith-based programs conducted by religious-based groups. - Many prisons are allowing faith-based groups to provide programs such as vocational classes combined with religious instruction inside the prisons in an effort to prepare the offender for release. - Some faith-based programs operate without receiving government funding. Obstacles to Employment - The most serious obstacles facing offenders looking for jobs are: o Public prejudice against hiring ex-offenders. o Lack of knowledge of how to find jobs. o Lack of the kinds of documentation required by employers. Education Release - Education is recognized as a factor that can make an important difference in the successful transition of offenders from correctional systems back to their communities. - Some correctional institutions bring educational programs into the institution so inmates can further their education while in prison. - Others provide education release opportunities for inmates both while in prison and as part of their parole plan. - The typical education release program gives inmates the opportunity to attend college or university classes but requires them to return to the institution each day. - Inmates must have the means to support themselves and pay for their schooling. - Offenders who participate in education programs are less likely to commit new crimes than are inmates who do not participate in such programs.

Colleges can be prejudiced against admitting ex-offenders, even those who have served their time.

Halfway Houses - Halfway houses are transition programs that allow inmates to move from prison to the community in steps rather than all at once by simply opening the prison doors and having them enter the community directly. - The use of halfway houses was encouraged because such a program provided what was considered an essential transition, whereby an inmate could gradually adjust to freedom by a short stay, usually about 6 months, in a halfway house at the end of his or her sentence. - Most halfway houses are nonprofit foundations. - The typical halfway house provides services for 6 to 30 inmates in a minimum-security facility, often a residential home that has been converted into a halfway house. - Inmates who do not follow the rules or who walk away from the halfway house are returned to prison or charged with the felony offense of escape. - Halfway houses have full-time staff members who provide for the custody and treatment of the offenders. - Halfway houses are excellent opportunities for inmates seeking parole who do not have family or sponsors in the community to help them when they leave prison. - The most significant obstacle to halfway houses is the strong community opposition to having such a facility located in ones neighborhood. Day Reporting Centers - Day reporting centers provide for release from prison that is closely supervised by the states department of corrections. - Inmates live at home rather than being imprisoned or housed in a privately managed halfway house. - Inmates report to supervisory centers on a daily basis. - Inmates report to and leave from the center during the day to work, to participate in treatment programs, to attend classes or training programs, or to hunt for employment. - The purpose of the day reporting center is to act as an intermediate sanction for some inmates and to permit a gradual adjustment to reentry for others. Drug Courts - Drug court programs use intermediate sanctions, community-based treatment, and intensive probation supervision to achieve a twofold purpose: o To get offenders clean and sober. o To compel offenders to participate in a comprehensive treatment program while being monitored under strict conditions for drug use.

TASC and RSAT - Federal assistance programs such as Treatment Accountability for Safer Communities (helps states break the addiction-crime cycle) and the Residential Substance Abuse Treatment (helps states provide for treatment instead of prison for substance abuse) have helped states adopt new comprehensive programs for drug offenders. - Both laws provide federal funds to states to allow them to link the legal sanctions of the criminal justice system with the federally funded therapeutic interventions of drug treatment programs. - The major premise of programs is that criminal sanctions can be combined with the reintegration of offenders into the community, and that this can be done through a broad base of support from both the criminal justice system and the treatment community.