Roles and Functions of the Correctional System Copyright

Roles and Functions of the Correctional System

Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 2

Correctional Careers • • • Probation Officers Parole Officers Jailers or Detention Officers Correctional Officers Juvenile Detention Officers Federal Correctional Officers Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3

Probation Officers • • Work under county, state, or federal agencies Make reports to court on offender behavior Conduct pre-trial investigations for the court Monitor compliance with court-ordered conditions of release • Complete offender risk assessments • Report non-compliance to the court Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 4

Parole Officers • Supervise previously incarcerated offenders in the community • Monitor compliance with special conditions of release • Report non-compliance to the paroling authority • Conduct home, work, and officer visits with offenders Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 5

Parole Officers (continued) District Parole Officers supervise offenders who have been released on parole, or mandatory supervision, to complete their sentences while living in Texas communities. Institutional Parole Officers are physically assigned to TDCJ units. They interview incarcerated offenders at TDCJ Units, federal correctional institutions, contracted facilities, and county jails statewide to prepare Parole Case Summaries. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 6

Jailers and Detention Officers • Supervise inmates in correctional facilities (generally county or local level) • Work with adults or juveniles • Fingerprint, photograph, and book offenders upon intake • Manage offenders in correctional facilities Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 7

Average Correctional Salaries • • • Probation: $31, 292 – $47, 489 Parole: $32, 459 – $44, 709 Correctional Officer: $28, 241 – $45, 579 Jailer: $28, 24 – $41, 383 Federal Probation Officer: $21, 083 – $112, 800 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 8

Correctional Officer Duties • • Supervise offenders Maintain the security of the facility Transport offenders Conduct searches of offenders and their property • Respond to emergencies • Read, review, and properly apply information Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 9

Prison Administration • Correctional Officer – Uniformed jail or prison employees whose primary job is the security and movement of inmates • Warden: – The chief administrator of a prison Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 10

Your local Bed and Breakfast: We’ll even leave the light on! Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 11

Early Jail Conditions 16 people in a Prisoners 12 x 12 cell provided their own food and medical needs Could buy: Indigents had alcohol, food, to work for privileges, their keep and cell space Men, women, and children were all housed together No heat, no plumbing, no adequate sleeping or living space Sick and healthy housed together Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. Many deaths from sickness and starvation 12

Reforms: The Walnut Street Jail • 1790 law passed by the Pennsylvania legislature – Humane physical facilities – Adequate food and water at public expense – Separation of men, women, and children – Prohibited “buying” better treatment – Debtors and the mentally ill separated from the criminal population – Orphans were moved to separate buildings Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 13

Reforms: Prison Life at Walnut Street • • • Prisoners worked, but were paid for labor Earned early release for good behavior Attempted to rehabilitate prisoners Became overcrowded Conditions deteriorated and costs skyrocketed • Prison failed at rehabilitation Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 14

Reforms: Eastern State Penitentiary • Built in 1892 • Cost $500, 000 to house 250 prisoners • Most expensive building in the new world • First in the country to have flushing toilets and hot-air heating • Designed as a penitentiary, not a jail or prison Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 15

Reforms: Eastern State Penitentiary (continued) • Penitentiary – a correctional institution based on the concept that inmates can change their criminality through reflection and penitence – Individual cells – Must become proficient at a skill for use after release Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 16

Reforms: Eastern State Penitentiary (continued) • Expected to read the Bible when not working or exercising • Use of the “silent system” • Maximum security, walled, and self-contained • Cells 12 x 7. 5 and had a window • Working, exercising, eating, and sleeping all performed in the prisoner’s cell Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 17

Reforms: The Auburn System • Built in 1816 – walled, maximum security • Cells 7’x 4’, 7’ high, back to back, 5 tiers located in the center of the building inside “cell blocks” • Cells poorly lit, no fresh air • Inmates moved to other locations in the unit for work, exercise, and eating Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 18

Reforms: The Auburn System (continued) • • The silent system was used, but hard to enforce Corporal punishment used for violations Marched from place to place Short haircuts Distinctive uniforms First use of solitary confinement Prison industries (the prison was self-sufficient) The Prototype American Prison Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 19

Reforms: Southern Penal Systems • Convict lease system was implemented after the end of slavery • Construction work, factory work, agricultural work • Very poor work and living conditions • Worked 12 -15 hours a day • Often lived in cages, and discipline was brutal Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 20

Reforms: Southern Penal Systems (continued) • • • The origin of “chain gangs” The 1930 Prison Farm System replaced the lease system Inmate labor used to sustain prisons and other profit industries Used prisoners as guards and supervisors to cut costs Arkansas and Texas brought about U. S. Supreme Court decisions on the 8 th amendment Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 21

Prison Reforms • 1930 s laws prohibited the sale of inmate goods • Prisons began supplying products to the government (license plates) • Between 1950 and 1966, over 100 riots • In September 1971, 43 inmates died in the Attica State Prison riot • In February 1980, 36 died in New Mexico riots Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 22

Prison Reforms (continued) • 1980 s – the US Supreme Court decided that inmates could sue over – Living conditions – Medical treatment – Inmates’ rights – Prison policies Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 23

Jails • Jail – a short-term, multipurpose holding facility that serves as a gateway for the criminal justice system • Jails hold – Defendants awaiting trial – Defendants convicted of misdemeanors – The mentally ill pending movement to a health facility Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 24

Jails (continued) • Jails hold – Local, state, federal, and military prisoners – Adults of both genders – Juveniles – Convicted prisoners – Absconders – Witnesses – Most awaiting trial or transport Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 25

Punishment Range for Jail • Class C Misdemeanor – a fine up to $500 (ticket) – cannot be arrested • speeding or open container • Class B Misdemeanor – up to 180 days in jail, and a $2, 000 fine • Class A Misdemeanor – up to 2 years in jail, and a $4, 000 fine Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 26

County Jails • Over 3, 300 local and county jails • Vary in size from less than 50 to more than 7, 000 • Population has more than doubled since 1983 • Very few municipal jails Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 27

State Prisons – correctional institutions for prisoners convicted of felonies • Extended sentences • Separated inmates by sex • Architecture reflective of gender bias Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 28

Prisons Top 10 Highest Incarceration Rates 1. California 163, 001 2. Texas 157, 997 3. Federal 145, 416 4. Florida 71, 319 5. New York 70, 198 6. Michigan 47, 718 7. Ohio 45, 833 8. Illinois 45, 281 9. Georgia 44, 232 10. Pennsylvania 36, 847 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 29

Punishment Levels for Prison State Jail Felony (SJF) – 180 days to 2 years, and a $10, 000 fine 3 rd Degree – 2 -10 years, and a $10, 000 fine 2 nd Degree – 2 -20 years, and a $10, 000 fine 1 st Degree – 2 -99 (life), and a $10, 000 fine Capital – Death – Life without Parole Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 30

State Prison Security Levels • Minimum Security – Have few physical barriers to escape, and many programs for inmates • Medium Security – Fortress-like, walled, self-contained institutions that offer inmates education, vocation, and rehabilitation Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 31

State Prison Security Levels (continued) • Maximum Security – prisons for inmates at high risk of escape, or who are dangerously violent to other inmates or staff • Administrative Segregation – solitary confinement – inmates are kept in single cells 23 hrs a day. They are allowed a shower and one hour of recreation per day. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 32

Private Jails and Prisons • For-profit facilities run by private security companies • Contracted by counties at lower cost • Less programs • Less training, lower pay, and conditions often below state standards • Escapes and assaults carry smaller penalties Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 33

Constitutional Rights • Retain all the rights of “free” citizens • Three government interests, however, justify curtailing offender’s rights: – Maintaining internal order and discipline – Securing the institution against unauthorized access or escape – Rehabilitating offenders Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 34

Habeas Corpus • The primary purpose is to seek release from prison or jail for unlawful confinement • Exhaust state judicial remedies before going to federal court • Filed in state or federal court • Filed by one offender • Affects only that offender Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 35

Section 1983 • The purpose is to address prison conditions or obtain monetary damages from prison officials • Filed directly in federal court • Affects all offenders • May be filed as class action suit Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 36

First Amendment • Freedom of – Religion – Speech – Press – Assembly – Petitioning the government for redress of grievances Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 37

Fourth Amendment • Prohibition against unreasonable searches and seizures Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 38

Fifth Amendment • • The right to jury for capital crimes Protects against double jeopardy The right against self-incrimination Prohibits taking life, liberty, or property without due process • Protects against taking private property without just compensation Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 39

Sixth Amendment • The right to a public and speedy trial • Impartial jury • Informed of the nature and cause of accusations • Confront witnesses • Compulsory process for obtaining witnesses • Right to an attorney Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 40

Eighth Amendment • Prohibits excessive bail • Protects against cruel and unusual punishment Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 41

Fourteenth Amendment • The right to the privileges and immunities of citizens • The right to due process • The right to equal protection under the law Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 42

Case Law • Impingment on an offender’s constitutional rights is valid if it is reasonably related to legitimate penological interests • Turner v. Safely, 482 U. S. 78 (1987) Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 43

Resources • • • 020547893 X, Fagin, James. Criminal Justice: Prentice Hall, 2007. 1593455747, del Carmen, Rolando v. Susan E. Ritter, Betsy A. Witt. Briefs of Leading Cases in Corrections: Anderson, 2008. 0314264159, O’Brien, Edward; Fisher, Margaret; Austern, David T. Practical Law for Jail and Prison Personnel: West Group, 1987. Civil Liabilities and Other Legal Issues: http: //nicic. gov/pubs/2001/017068. pdf • http: //www. bls. gov/ocos 156. htm • Do an Internet search for the following: – Findlaw Turner Safely – Supreme justia Turner Safely Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 44