Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Unit 7 Special Populations in

Corrections: An Introduction, 2/eSeiter

©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Unit 7Unit 7

Special Populations in Prison

Chapter 7Chapter 7

The Clients of Adult Correctional Agencies





IntroductionIntroduction

This chapter will examine:

Different categories of correctional clients

Theoretical bases of operations

Backgrounds and characteristics of clients

Special issues



Overview of Adult OffendersOverview of Adult Offenders

Adults under supervision have grown over the last two decades

Incarceration rates have attributed to increase



Gender, Race, and EthnicityGender, Race, and Ethnicity

Rate of growth for females grown more rapidly than rate for males

In 2004, 7 percent of prison population were women

The proportion of the prison population that is female is still relatively small

Three of the largest jurisdictions hold more than 1/3 of all female inmates



In 1997, 60 percent of prison population was white

In 2004, 34.3 percent white, 40.7 percent black, 19.2% Hispanic

Some researchers argue minorities are more involved in crime

Crime linked to poverty, drug use, and lack of economic opportunities




Racial disparity–the condition that exists when minorities make up a greater percentage of those under correctional supervision than their makeup in the U.S. population

Law enforcement efforts are always more intense in urban areas with high crime rates and high drug use




In 2002, 8.3 percent of inmates were age 50 and over

Three factors contribute to aging population

Overall U.S. population is aging

Inmates are serving longer sentences

Mandatory sentences and sentencing guidelines reduce discretion of judges

Increase in violent juvenile offenders

Age of OffendersAge of Offenders



Increase in serious crime Most significant increase in drug offenders Sentence length has increased

In 2002, over 300,000 inmates serving 20+ years

Types of Offenses Types of Offenses and Length of Commitmentand Length of Commitment



Drug offenders–people convicted of crimes regarding the possession or sale of drugs

The most significant increases in the number of prison inmates were for those sentenced for drug and public-order offenses

Types of Offenses Types of Offenses and Length of Commitmentand Length of Commitment



Male OffendersMale Offenders

Male offenders–men who are convicted and sentenced; men constitute 93 percent of all prison inmates

Males commit the largest proportion of crimes and make up the largest proportion of the correctional population under supervision



Male Offenders and ViolenceMale Offenders and Violence

Males much more linked to violence than women

Males represent over 80 percent of arrests for violent crimes

Violence more likely in male prisons than female institutions



Male PrisonersMale Prisoners

General population–the inmates in a prison who do not have any specific designation as a special type of offender

Prison systems planned around males

Majority of adult prisons hold normal male inmates (general population)



Security levels of prisons designed to match physical security, staff resources, programs, and prison operations

Overall goal is to maintain homogeneity of inmates by risk of violence and escape and ensure they are placed in prisons physically designed to meet this need

Male PrisonersMale Prisoners



Female OffendersFemale Offenders

Female offenders–women who are convicted and sentenced

In 1998, women comprised 16 percent of total correctional population

Increase in felony convictions for women



Female OffendersFemale Offenders

Female probationers were much more likely than males to have been convicted of drug or property offenses

Recidivism rates for women lower than for males Predictive factor for recidivism is prior

arrest history



Female prison population remained relatively stable from 1925 to 1980s

7 percent of prison population are women

“War on drugs”

Prison sentences shorter than for males

Women in PrisonWomen in Prison



Special Issues and NeedsSpecial Issues and Needsof Female Inmatesof Female Inmates

Some issues facing female inmates differing from those of male inmates include:

Health care

Vocational training and work opportunities

Potential of sexual abuse from staff

Alcohol and drug use

Problems relating to their children



Special Issues and NeedsSpecial Issues and Needsof Female Inmatesof Female Inmates

Psychological programs

Work programs

Parenting programs

Other programs (transition and aftercare, education, health, and life skills)

Many states have programs that they believe are effective in responding to female inmates' needs



Separation from FamilySeparation from Familyand Childrenand Children

65 percent of women in prison have children under 18

Children placed in foster homes or with maternal grandparents

Incarcerated farther away from their homes

Visits from children are important

Parenting programs



Alcohol and Substance AbuseAlcohol and Substance Abuse

Substance abuse programs–programs that help offenders reduce their likelihood of further abuse of alcohol or drugs

Half of female state inmates were using alcohol or drugs at time of their offense

80 percent have severe, long-term problems



Need for Medical CareNeed for Medical Care

Quality medical care is very difficult to provide within a prison

Gynecological care

Pregnancy issues

Health problems stemming from poverty and drug use



Classification SystemsClassification Systemsfor Female Offendersfor Female Offenders

Overclassification–placement of offenders in prisons more secure than needed for their level of risk

Systems designed for males "overclassify" females

BOP evaluated their system and found they were overclassifying female offenders



Barefield v. Leach–found that state of New Mexico was not providing parity in vocational training and work opportunity for female inmates

Butler v. Reno–federal inmates filed suit for gender discrimination

Legal Issues Regarding ParityLegal Issues Regarding Parityfor Female Inmatesfor Female Inmates



Classification SystemsClassification Systemsfor Female Offendersfor Female Offenders

Pargo v. Elliott–Court ruled that differences in programs for males and females do not necessarily violate the equal protection clause. Five criteria should be used to determine discrimination: Number of inmates in a prison Prison security level Crimes committed by inmates Length of sentences Any other special characteristics



Work release

Halfway houses

Pre-release centers

Variety of programs including counseling, vocational, and educational programs

Alternatives to PrisonAlternatives to Prisonfor Women Offendersfor Women Offenders



Chapter 8Chapter 8

The Juvenile Correctional System

©2008 Pearson Education, Inc. Pearson Prentice HallUpper Saddle River, NJ 07458





Juvenile justice system has suffered from lack of consistency with regard to its mission and approach

This chapter will cover the description of the system, its history and creation, and recent developments



The Problem The Problem of Juvenile Crimeof Juvenile Crime

In 2003, 2.2 million juveniles arrested

18 percent reduction in murder arrests since 1999

Crack cocaine and gang activities contributed to increase in juvenile crime between 1980s and 1990s




Status offense–an activity that is considered a crime only because the offender is under age 18 and would not be a crime if committed by an adult. Includes: Running away from home Ungovernability Truancy Underage drinking




Theories that suggest the reasons for the increase in juvenile violent crime from 1988 to 1994

Emergence of crack cocaine

Expansion of juvenile gang membership



Development of theDevelopment of theJuvenile Justice SystemJuvenile Justice System

Late 18th century children 7 and older were treated the same as adults

Refuge period–a period from 1824-1899 when delinquent or neglected children were placed in homes for training and discipline




Juvenile Court Act (1899) established first juvenile court in Illinois, thus began the juvenile justice system

Parens patriae–a concept established in 1601 to allow officials to take charge of delinquent children and place them in poorhouses and orphanages



Informal system, not adversarial By 1960s, parens patriae philosophy was

challenged Movement to deinstitutionalize Since 1980s, "get tough" stance





Waiver to adult courts–statutory exceptions granted to allow movement from juvenile to adult courts for criminal processing because of the serious nature of the crime. Other terms: Certification Remand Bind over



Practiced since the 1940s Discretionary waivers allow transfers on

a case-by-case basis Some laws require mandatory waivers for

specific violent crimes

Waiver of Juvenile OffendersWaiver of Juvenile Offenders



CategoriesCategoriesof Juvenile Offendersof Juvenile Offenders

Dependent children–children who, while committing no legal offense, may be without a parent or guardian, possibly because the parent is mentally unable to act in that capacity




Neglected children–have a family or guardian but are not receiving proper care, or are in a situation that is harmful to them and their upbringing

Delinquent children–committed an act that would be considered criminal if committed by an adult



Status offenders–committed acts that are only law violations if committed by a juvenile

Status offenses aren't always a separate category of juvenile offenders

Some states classify status offenders as "incorrigible" or dependent




Age of original jurisdiction–oldest age a juvenile court will have jurisdiction over categories of offenders




Many states have statutory exceptions to the age criterion Statutory exclusion–places a youth under

the original jurisdiction of the adult criminal court

Concurrent jurisdiction–places a youth under the original jurisdiction of both the juvenile and criminal courts




The Juvenile Justice ProcessThe Juvenile Justice Process

The goals and philosophies in the juvenile justice system differ from those of the criminal justice system



Steps in the Juvenile Justice ProcessSteps in the Juvenile Justice Process

Contact with law enforcement, referrals by parents or school officials

Detained for short period

Juvenile detention–the temporary care of children in physically restricted facilities pending court disposition or transfer to another jurisdiction or agency



Intake–conducted by juvenile probation department to determine if sufficient evidence exists to formally process allegation

Consent decree–informal; admits to wrongdoing and follows certain conditions




Referral to juvenile court if cannot be handled informally

Delinquency petition (similar to indictment for adults) may ask court to adjudicate (find guilty)





Probation or residential placement

In 60 percent of cases, probation was the most severe sanction ordered

Aftercare supervision is similar to parole

The juvenile process is similar to the adult criminal justice system, with distinct terminology



Legal Issues AffectingLegal Issues Affectingthe Juvenile Justice Systemthe Juvenile Justice System

The right to notice of the charges in time to prepare for trial

The right to counsel The right to confront and cross-examine accusers The privilege against self-incrimination

Kent v. United States (1966)–The Supreme Court ruled that juveniles must have "essentials of due process," including:



Legal Issues Affecting the Legal Issues Affecting the Juvenile Justice SystemJuvenile Justice System

In re Gault (1967)–the right to counsel, notice of charges, and question witnesses when faced with incarceration

In re Winship (1970)–“beyond a reasonable doubt” standard

McKeiver v. Pennsylvania (1971)–jury trials not a requirement



Legal Issues Affecting the Legal Issues Affecting the Juvenile Justice SystemJuvenile Justice System

Breed v. Jones (1975)–waiver to adult court after adjudication hearing in juvenile court constitutes double jeopardy

Schall v. Martin (1984)–court upheld preventative detention



Juvenile Residential FacilitiesJuvenile Residential Facilities

Similar to prisons for adult offenders In 2000, there were 110,284 juveniles confined in

3,061 facilities in the United States Number of youth committed to residential care is

increasing Residential care usually includes education,

vocation training, and substance abuse treatment



Eddings v. Oklahoma (1982)–age of defendant should be mitigating factor when deciding whether to apply death penalty in a capital trial

Sanford v. Kentucky (1989)–minimum age juvenile can receive death penalty is age 16

Death Penalty for Juvenile Death Penalty for Juvenile OffendersOffenders



Death Penalty for Juvenile Death Penalty for Juvenile OffendersOffenders

In re Stanford (2002)–court refused to revisit juvenile death penalty issue

Roper v. Simmons (2004)–forbid the imposition of the death penalty on offenders under the age of 18 when their crime was committed. Death penalty for juveniles no longer allowed.



Issues in Juvenile CorrectionsIssues in Juvenile Corrections

Major concerns within the juvenile justice system

The role played by juvenile gangs in street crime and gang influence in correctional institutions

Breaking the cycle of juvenile substance abuse and involvement in drug crimes



Juvenile Gangs Juvenile Gangs and Juvenile Crimeand Juvenile Crime

Juvenile gangs–groups of adolescents who see themselves as a group and have been involved in enough crime to be a concern to law enforcement

Most gangs formed along racial or ethnic lines



Juvenile Gangs Juvenile Gangs and Juvenile Crimeand Juvenile Crime

Gangs get involved in crime to make money, intimidate others, protect their turf

Law enforcement attempts to control gangs by suppression and social programs



Balanced and Restorative Justice (BARJ) approach since rehabilitation and juvenile accountability approaches separately have not been effective

BARJ is similar to adult drug court programs emphasizing collaborative effort

Responding Responding to Juvenile Drug Crimeto Juvenile Drug Crime

Chapter 9Chapter 9

Special Offenders


©2008 Pearson Education, Inc. Pearson Prentice HallUpper Saddle River, NJ 07458




Typical offender in the past was young, in good mental and physical health, convicted of property crimes

Special offenders–circumstances, conditions, or behaviors require management or treatment outside of normal approach



Juvenile OffendersJuvenile Offendersin Adult Criminal Courtsin Adult Criminal Courts

Increase in waiver of juveniles to adult courts in recent years

Three ways juveniles can be transferred: Waiver Direct file Statutory exclusion



Blended sentencing–courts can impose juvenile or adult sentences on certain juvenile offenders

Number of persons held in state prisons under age 18 has increased




Three approaches to housing offenders under 18: Straight adult incarceration Graduated incarceration Segregated incarceration




Drug OffendersDrug Offenders Strong correlation between drug use and

criminality

Drug use forecasting studies indicate over 50 percent of incarcerated population tested positive for some type of drug

Not all drug offenders are drug addicts or even abusers



Large portion of state and federal inmates serving time for drug offense

General theory of deviance suggests that those who commit one deviant act (substance abuse) are likely to commit another (criminal behavior)

It’s critical that prisons offer drug treatment

Drug OffendersDrug Offenders



BOP five-part treatment strategy Orientation screening and referral Drug abuse education Nonresidential drug abuse treatment

services Residential drug abuse treatment Transitional services





Important to provide drug treatment to offenders on probation

Positive evidence that drug abuse programs reduce levels of re-arrest and other measures of recidivism



Mentally Ill OffendersMentally Ill Offenders

Antipsychotic drugs invented in the 1960s, provide humane alternative to treatment

Mentally ill end up in the criminal justice system

10 percent of state prison inmates report a mental or emotional condition



Treatment of mentally ill in prison falls into three categories 24-hour residential care Therapy and counseling Psychotropic medications




Mentally ill may require higher security institutional placement

More likely to have disciplinary problems

While on community supervision there are similar problems

More likely to recidivate than others




Aging OffendersAging Offenders

General population is aging and this trend is evident in prison population as well

Changes in sentencing models also contribute to aging prison population

Statutory lengthening of sentences



Increase in older offender poses problems for prison management Increase in medical costs Security, work opportunities, and program

issues Some units have separate housing for aging

inmates

Aging OffendersAging Offenders



Violent OffendersViolent Offenders

In 2002, 50 percent of state inmates were committed for violent offenses

Some inmates not deterred by standard inmate disciplinary process

Supermax prisons developed for extremely violent prisoners




Bruscino v. Carlson (1985)–Federal court decision that the lockdown of inmates at the U.S. Penitentiary in Marion, Illinois, was not a violation of the Constitution



Controversy over supermax prisons

Correctional officials argue they are incentive for good behavior

Inmates and human rights activists state lack of human contact, work opportunities, violate human rights




Sex OffendersSex Offenders

Number of sex offenders under correctional supervision has increased due to:

Public education and increase in reporting these types of crimes

Laws to support and aid victims



Sex offender–commits a legally prohibited sexual act Statutory rape Forcible sodomy Lewd acts with children Fondling




Pedophile–person who is sexually attracted to and molests children

47 percent of all violent crime victims do not know their attacker

Only 15 percent of sexual assault victims do not know their assailants




Treatment

Supervision and surveillance

Polygraph exams

Treatment and ManagementTreatment and Managementof Sex Offendersof Sex Offenders

Containment model designed to use a triangle of supervision



Five components of the model: Goal of community and victim safety Individualized case management Multidisciplinary approach Consistent public policies Quality control component

Treatment and ManagementTreatment and Managementof Sex Offendersof Sex Offenders



Recidivism rates not as high for sex offenders compared to other offenders

Rapists on probation have lower rearrest rates than other violent probationers

Sex Offender RecidivismSex Offender Recidivism




Civil CommitmentCivil Commitmentof Sexually Violent Predatorsof Sexually Violent Predators

The civil commitment and confinement of sexually violent predators is relatively new

Kansas v. Hendricks (1997)–Supreme Court supported the civil commitment of SVP laws, with specific requirements




The purpose of civil confinement must be to treat the sex offender

An expectation of: Comprehensive treatment focused on eventual

release Non-punitive confinement Frequent mental health status reports

Civil CommitmentCivil Commitmentof Sexually Violent Predatorsof Sexually Violent Predators



Offenders with Infectious DiseasesOffenders with Infectious Diseases

Criminal offenders generally come from a high-risk group for infectious diseases

The problem of infectious diseases are often greater than in the general U.S. population



HIV / AIDSHIV / AIDS

Rate of AIDS cases for prison population is four times rate of general U.S. population

Greater proportion of female inmates are infected than male inmates

HIV inmates are sometimes housed separately from general prison population



Overcrowded conditions increase chance of transmittal

To avoid the spread of TB, the CDC recommends: Identifying, reporting, isolating, and

initiating therapy for active cases Continuity of therapy Evaluating contacts of TB cases

TuberculosisTuberculosis

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Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Unit 7 Special Populations in