Chapter 36

Prison Work and Industry

Objectives

• Describe the importance of written work policies and the benefits of inmate work assignments

• Explain the role of administrators in work supervision and the benefits of prison industry programs

• Outline problems associated with prison industry programs and the laws which have been enacted to address these concerns

Introduction

• Institutions operate much better when inmates have a detailed work or program assignment to report to daily

• Benefits of prison industry program:– Reduce debilitating effects of idleness and

boredom– Improve safe management of prisons– Teach inmates valuable work skills– Improve chances of success upon release

Work Policies

• Need written policies and procedures on inmate labor

• Policy document includes:– Types of maintenance jobs available– Skill levels required– Pay ranges– Nonmonetary benefits– Other items that merit defining

Work Policies (cont.)

• Staff and inmates must be aware of procedure for work assignment

• System must be consistent• Inmate talents should be utilized as much as

possible• Normally responsibility of case worker to

assess inmate’s skill level and make a recommendation as to appropriate work assignment

Types of Work

• Maintenance work assignments are the most common jobs

• Include food service, cleaning, custodial tasks• Skilled inmates may work with electricians,

painters, welders, HVAC specialists, plumbers, lawn maintenance, tutors, teacher’s aides

History

• Inmates were allowed to work individually in their cells

• Congregate system allowed inmates to work together in prison factories

• As 1800s progressed, inmates were leased to private businesses through prison labor programs

The Legal Framework• Sumners-Ashurst Act – made it a federal crime

to knowingly transport convict-made goods in interstate commerce for private use

• Justice System Improvement Act allows for waivers of restrictions with stipulations:– Inmates should be paid prevailing wage with

deductions for taxes, room and board, etc.– Labor union officials should approve– Free labor must be unaffected– Goods must be produced in an industry with no

local unemployment

The Legal Framework (cont.)

• Also created Prison Industry Enhancement certification program – certifies programs for exception to Sumners-Ashurst

• State use system promotes the purchase of prison-made items by the state

• State use sales are the most common market for prison industry products

Benefits

• Save taxpayers money• Cost of operating prisons is reduced• Wages paid to inmates are applied to

restitution, fines, child support, alimony• Industries contribute to safe management of

prisons by reducing inmate idleness• Work experience improves inmate success

upon release• May create jobs for law-abiding citizens

Concerns

• Diversity• Access to information• Dependence• Authority• Manipulation• Quality• Overload• Supervision

Concerns (cont.)

• Mandatory source provides prison industries with an unfair advantage

• State use system locks private businesses out of a percentage of the government market

• Low inmate wages are an unfair advantage• Prison industries take too much work away

from community

Conflicting Mandates• FPI diversifies production to:– Minimize impact on any one industry– Employ as many inmates as possible– Perform work in a deliberately labor-intensive

manner– Be financially self-sustaining– Sell only to the federal government– Produce products comparable to those in private

sector– Produce no more than a reasonable share of

federal government purchases– Teach inmates a marketable skill

Public Policy Questions

• Should prison industry programs be required to be self-sustaining?

• Should prison industries be labor-intensive?• Should prison industries have a mandatory

source?• Should inmates be paid minimum wage?

Public Policy Questions (cont.)

• Should prison industries be permitted to sell their products to the private sector?

• To what extent should the private sector be allowed to operate prison industries?

Conclusion

• Inmates should be assigned to meaningful work assignments to enhance the operations of the correctional institution

• Reentry Policy Council has recommended that training and job assignments assist offenders in preparing for reentry into the free community

Chapter 37

Drug Treatment

Objectives

• Explain why detoxification is a necessary component of effective drug treatment

• Outline how methadone maintenance assists patients

• Describe the benefits of residential-based drug treatment programs.

Chemical Detoxification

• Typically involve inpatient settings and last one to three weeks

• Rationale:– Addiction as a physical dependence that

motivates continued usage– Withdrawal with negative physical symptoms

which discourages addicts from withdrawing• Aim of detoxification is elimination of

physiological dependence through medically supervised procedure

Chemical Detoxification (cont.)

• Methadone is used for heroin addition• Methadone or clonidine is preferred for

opiate users• For cocaine users, desipramine has been used

to reduce withdrawal symptoms• Detoxification must be the initial step to a

comprehensive treatment process

Methadone Maintenance

• Uses methadone as a substitute drug to prevent symptoms of withdrawal from morphine or heroin

• Patients have favorable outcomes in a number of areas, but few remain drug free after treatment

• Only a few such programs are available in prisons – KEEP in NYC

Drug-Free Outpatient Treatment

• Variety of nonresidential programs that do not use drugs or medication

• Key components are assessing, planning, linking, monitoring, and advocating for clients

• Difficult to evaluate effectiveness

Self-Help Groups

• Individuals who meet regularly to stabilize and facilitate their recovery

• Best known is Alcoholics Anonymous• Clinical and observational data suggest that

these groups are critical to recovery• Research has failed to demonstrate

effectiveness with heavy drug users• Prevalent in correctional settings• Organized and run by volunteers

Residential Therapeutic Communities

• Total treatment environment in which primary clinical staff are former substance abusers themselves

• Treatment perspective is that drug abuse is a disorder of the whole person

• Primary goal is to change the negative patterns of behavior, thinking, and feeling that predispose a person to drug use

• Privileges are earned, and there are numerous rules and regulations

Residential Therapeutic Communities (cont.)

• Examples:– Hillsborough County Sheriff’s Office Substance

Abuse Treatment Program– Stay ‘N Out TC– Cornerstone– KEY/CREST– BOP’s Residential Drug Abuse Treatment Program

Conclusion

• Criminal justice systems throughout the US have been structuring and implementing treatment programs at every level

• Little is known about actual health services and treatment need of drug-involved offenders

Chapter 38

Prisoner Access to the Courts

Objectives

• Describe the history of the constitutional right of access to the courts as it pertains to prisoners and the role of the US Supreme Court in prison law and in right-of-access law

• Outline the pivotal role that the lower federal and state courts play in interpreting and applying the decision of the Supreme Court

• Explain the challenges prison and jail administrators face in trying to balance the rights of inmates with the need for institutional safety and security

Constitutional Right of Access to the Courts

• Prior to 1960s, American courts declined jurisdiction in matters involving inmates

• Ex parte Hull – Supreme Court ruled that requiring inmates to submit legal petitions to prison officials for approval was an impermissible denial of the right of access to the courts

• Monroe v. Pape – Section 1983 of Civil Rights Act of 1871 gave federal courts original jurisdiction over state cases

• Cooper v. Pate – affirmed that state prisoners could bypass state courts and bring Section 1983 suits in federal court

Constitutional Right of Access to the Courts (cont.)

• Cochran v. Kansas – failure of prison officials to forward an inmate’s appeal of his/her conviction violated 14th amendment

• Most prisoners lack money to hire an attorney and therefore cases originate from the prisoner or a jailhouse lawyer

Legitimizing Jailhouse Lawyers

• Johnson v. Avery – Supreme Court invalidated prison regulations that prohibited jailhouse lawyers from helping other prisoners

• Concluded that prison could not enforce no-assistance rules unless they provided legal services program

• Later affirmed lower court rulings that inmates should be provided with an adequate law library

Requirement of Legal Assistance

• Bounds v. Smith – Court held that prison officials should either provide an adequate law library or adequate legal assistance

• Prisons in a growing number of states have discontinued law libraries and started providing access to attorneys or legal aides

• Must provide indigent offenders with free paper, pens, and stamps

• Difficult to maintain access for inmates in segregation

Requirement of Legal Assistance (cont.)

• Third circuit in Delaware provided– Small satellite law library in maximum security

unit– Paging system to request photocopies– Legal assistance from paralegals

• Unconstitutional to retaliate against a prisoner for pursuing litigation

Imposing the Actual Injury Requirement

• Lewis v. Casey – inmate alleging violation of Bounds must show “actual injury”

• Decision suggested that prisons are not obligated to assist inmates in general civil matters

• Also does not require assistance to inmates to “litigate effectively”

• Since Lewis, courts have dismissed hundreds of claims for failure to meet actual-injury requirement

Prison Litigation Reform Act of 1995

• Requires a prisoner to exhaust all available administrative remedies before filing a federal suit

• Three-strikes provision – indigent inmates cannot file a petition if he/she has previously filed three or more frivolous or malicious petitions or failed to state a claim for which relief can be granted.

Prison Litigation Reform Act of 1995 (cont.)

• Bars inmates from seeking damages for mental or emotional injuries unless they were also physically injured as well

• Some argue that three strikes provision is unconstitutional

• Inmate grievance process must be followed, even if inmate is only seeking monetary relief

First Amendment and Right of Access to Courts

• Shaw v. Murphy – Supreme Court ruled that there was no basis in the 1st amendment for giving inmate-to-inmate correspondence special protection if it contains legal advice

• Turner v. Safley – “Reasonable” test applied to prison rules and regulations – rules should be “reasonable and rational” allowing prison officials the right to make day-to-day decisions on safe and effective prison operations

• No right to a specific jailhouse lawyer

Conclusion

• Ex parte Hull – prisoners have constitutional right of access to courts

• Bounds v. Smith – requires provision of law libraries or other kind of assistance

• Lewis v. Casey and Prison Litigation Reform Act – end of era of expansion of legal assistance for prisoners

• Shaw v. Murphy – prisoners do not have right to engage in legal correspondence with other prisoners

Chapter 39

Compliance with the Constitution

Objectives

• Compare and contrast the constitutional rights that are most significant to corrections law

• Describe the effects of the Prison Litigation Reform Act of 1995

• Identify common legal issues that arise in correctional institution settings and how the courts have responded to these issues

Introduction

• Prison or jail should employ an attorney to consult with warden on an ongoing basis

• Discuss potential problems before a formal complaint is filed in court

• Helpful to have a formal grievance procedure in place

Constitutional Rights

• Inmates still have Constitutional rights and many others by state statute

• First Amendment– Right to receive publications, mail, practice

religion– Rights may only be restricted for legitimate

penological interests– Courts have ruled repeatedly that judgment of

prison officials should be given substantial deference

Constitutional Rights (cont.)

• First Amendment (cont.)– Inmates may not be denied all means of

communication, but prison officials can place some restrictions

– Religious Freedom Act prohibits government from “substantially burdening” the exercise of religion unless necessary to further a compelling government interest – RFRA was later ruled unconstitutional

Constitutional Rights (cont.)

• Fourth Amendment– Limited applicability – limited privacy in cell– Searches would not be proper if used for

harassment or discrimination– Searches by officers of opposite gender are

permissible if conducted in a professional manner– DNA databases are permissible

Constitutional Rights (cont.)

• Fifth Amendment– Due process is raised in the context of discipline,

classification, and transfer– Correctional employees are protected from

personal liability suits as long as they act reasonably and within the scope of their jobs

– Those who behave recklessly could be held personally liable

Constitutional Rights (cont.)

• Eighth Amendment– Challenge conditions of confinement– Prohibits medical care that is so inadequate as to

show “deliberate indifference” to serious medical needs

– Hudson v. McMillan – inmates need not suffer severe physical abuse to sustain an 8th amendment claim as long as force involved the wanton and unnecessary infliction of pain

Section 1983

• Creates individual liability for state officials who interfere with prisoners’ rights guaranteed by the Constitution or by federal statute

Prison Litigation Reform Act of 1995

• Contains provisions that:– Limit inmates’ ability to file lawsuits– Require inmates to exhaust all available

administrative remedies prior to filing suits– Require the payment of full filing fees in some

instances– Impose harsh sanctions for filing frivolous suits– Require that any damages awarded to the

inmates be used to satisfy pending restitution orders

– Relief is limited to changes necessary to correct the violation of the law

Grievance Process

• A formal grievance process can be extremely helpful in avoiding lengthy and complicated legal proceedings

Conclusion

• Prisoners are human beings and deserve to be treated with dignity and respect

• They remain citizens of the US and are entitled to most of the same rights as other citizens

• Should be granted free access to the courts