Chapter 26

Volunteering

Objectives

• Explain the role of volunteer work within a correctional environment

• Outline the best mechanism to recruit and secure volunteers

• Determine methods to ensure long-term success of volunteer programs

Types of Volunteers

• Direct Service Volunteers– Generally provide onsite services to the program– Range from infrequent brief participation with a

large group to daily or weekly involvement– Demands the greatest sacrifice of time from a

participant and may involve additional risk

Types of Volunteers (cont.)

• Indirect Service Volunteers– Typically not involved onsite and generally do not

have contact with the primary receivers of service– Participate 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 staff

• Civic clubs• Religious organizations and churches• Fraternal organizations• Crime victims• Special purpose organizations

Source of Volunteers (cont.)

• Best mechanism to meeting volunteer needs is to solicit individuals through key staff

• Civic clubs and mainline religious organizations often have core commitments to serving their community, including correctional facilities

• AA and NA are key to service provision for substance abuse services

Components of an Effective Volunteer Program

• Development and Organization– Initial development and organization of the

volunteer program will help ensure effectiveness– Policies and procedures must be drafted and

incorporated into the formal structure of the departmental program

– Inherent in the effort should be clear lines of authority of a volunteer coordinator

Components of an Effective Volunteer Program (cont.)

• Recruitment– Failure to enlist enough volunteers will endanger a

program’s success– Too many people can be overwhelming and chaotic

• Selection– Interviews, education about expectations, and

discussion of volunteer goals are essential elements of selection process

– Current or recently released inmates are generally not appropriate

Components of an Effective Volunteer Program (cont.)

• Orientation– Volunteers should participate in a structured

orientation program that includes:• Basic mission and goals of agency• Facility service area and division in which service will be

provided• Basic security procedures• Safety and emergency procedures• Cultural diversity awareness

Components of an Effective Volunteer Program (cont.)

• Training– The curricula and length of training will vary in

accordance with the scope and frequency of services provided

• Recognition– Perhaps 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 Services– Most traditional and largest area of volunteer

service is religious programming– Staff chaplain handles coordination of volunteers– Facilities typically are unable to provide assistance

to all faith groups without the help of volunteers

Volunteer Programming Ideas (cont.)

• Recreation– Volunteers compete as individuals or teams,

participate in training officials, or serve as coaches or fans

• Staff Training– Professional development of staff is a good way to

involve the community in the institution

Volunteer Programming Ideas (cont.)

• Social Services– Education is a cornerstone of any program to reduce

recidivism– Often requires volunteer assistance for education and

vocational training

• Substance Abuse– AA and NA have long record of accomplishment in

corrections

• Pre- and Postrelease– Little budgetary support, which requires support from

community when offender is released

Conclusion• Everyone is a winner in a properly organized

and administered volunteer program• Inmates 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 behavior

• Well-implemented policy will instill respect for authority

Importance of Inmate Discipline

• Goals– Make inmate conduct conform to standard of

behavior– Safe and orderly living environment– Instill respect for authority– Teach values and respectful behavior

• Most correctional institutions allow free movement of inmates

• However, 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 misconduct

• Rules for discipline must be communicated clearly

• Disciplinary 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 processing• Officers may take an inmate aside and explain

the proper procedure• Sometimes give minor sanctions without

formal charges• Even informal sanctions should be applied

consistently

Due Process Requirements• Due process is considered a set of procedures

that ensure that the action taken is fair• Sandin v. Conner– Purpose of prison disciplinary action is to achieve

good prison management– As long as disciplinary action does not add on to

the length of the sentence, it is allowable

Due Process Requirements (cont.)• Wolff v. McDonnell– Prison hearings are “administrative” and call

for less procedural protection than court proceedings

– Due process standards• Advanced written notice to inmate• At least 24 hours to prepare after notice• Inmate allowed to call witnesses• Representative to assist inmate in defense• Statement by an impartial disciplinary

committee of the evidence to support the fact finding

Due Process Requirements (cont.)

• Other relevant cases– Baxter v. Palmigiano• Inmates are not entitled to counsel in

disciplinary hearings– Superintendent v. Hill• Due 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 security

• However, they must ascertain the accuracy of informants to protect against fabrication of information

• Reliability is often determined based on corroboration of facts by other evidence

Inmate Appeals and Grievances

• May be one or two levels of appeals• Many agencies do not allow discipline matters

to be taken to the grievance system• Disciplinary actions are the most frequent

category of matters taken to court• Review of disciplinary actions on appeal is

typically limited to procedural appeals

Personal Liability

• Essential that staff follow rules to avoid personal liability

• Section 1983 of Civil Rights Act of 1871 is most frequently used federal legal action

• Can give injunctive relief as well as award monetary damages

• Corrections 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 developed

• Explore the principles of model grievance systems and the application to actual systems

• Detail 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 complaints

• Set 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 1970s

• Ombudsman– Bringing in someone from outside the institution to

investigate and review complaints– Only recommend corrective action

• Inmate advisory group– Recommendations limited to corrective action

• Hearing panels– Order corrective action, not just recommend

History of Inmate Grievance Procedures (cont.)

• Mechanisms employed disorganized, informal processes that produced inconsistent and contentious results

• Provided a breeding ground for inmate lawsuits in the 1970s

• Frivolous 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 system

• Required Attorney General to establish minimum standards to be used in inmate grievance procedures

• Office of Inmate Grievance Procedure Certification was established to oversee certification process

Core Elements of a Grievance System

• Specification of written Grievance Procedures– System must be recorded formally– Specify the institutions to be covered by process

as well as process of documenting adherence to the system

– Inmates must have opportunity to be involved in formation and implementation of system

• Communication of process– All inmates and staff should be notified in writing– Include language spoken by a significant number

of inmates

Core Elements of a Grievance System (cont.)

• Specification of accessibility to process– All inmates must have access to system

• Applicability of process to complaints– Inmates must be allowed to file grievances

regarding issues of policy, conditions of confinement, actions of employees, and issues that affect them personally

• Remedies available under the process– Must be meaningful– May include corrective action, restitution,

monetary reimbursement, actions against personnel, etc.

Core Elements of a Grievance System (cont.)

• Appropriate protection against reprisals– Process must provide protections for inmates– Emergency situations are those in which

adherence to a fixed time limit might result in personal injury or serious harm

• Records– Requirement of documentation throughout

process– Initiation of grievance includes standard form– Institutions must also collect data on grievances

Core Elements of a Grievance System (cont.)

• Evaluation– Number of complaints filed– Types of grievances– Frequency and type of emergency grievances– Resolution of grievances– Average lengths of time between filing and

resolution

Core Elements of a Grievance System (cont.)

• Other applicable requirements– Must have specific time limits that govern written

replies to grievances– Entire process completed within 90 days of filing– Investigation process must be explicitly stated

within system– Written response must be provided at each level

of review– System must involve independent review

Rationale Behind Establishment of Written Grievance Systems

• Primary impetus was to establish a systematic, unbiased procedure for resolving inmate complaints

• Benefits– Provides practical and legal protection for inmates

and staff– Opportunity to lodge complaint alleviates some of

the pains of imprisonment for inmates– Reduces number of lawsuits– Statistics 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 way

• System can become overburdened• Increased amount of paperwork• Inmates 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 forms• Differentiate between disciplinary status and

protective custody status and explain the stigma of protective custody

• Understand 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 housing• Application– Prison subculture attaches a stigma to PC status

and to the prisoners– Informal or unofficial PC still involves stigma, but

without the placement in formal housing

Defining Protective Custody (cont.)

• Self-imposed protective custody– Intentionally breaking rules to receive segregation– Organizing activities to avoid interaction with

certain persons or groups– Establishing patterns of close affiliation with staff

(i.e. trustees)– Affiliation with other prisoners or groups– Seeking to protect themselves through aggression

Defining Protective Custody (cont.)

• Stigma– Lack of social acceptance– Diminished respect from others– Act 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 population

• Both unofficial and non-PC protective activities are more common in prison environment

Formal PC Procedures and Operations

• Two procedures– Inmates request the status and have it granted– Staff members in classification decide that

prisoner needs to be housed in PC• PC consumes money and staff time• Same services and programs should be

provided for PC inmates as for others• Officials need to screen requests

Formal PC Procedures and Operations (cont.)

• Challenge to balance liability concerns against the need to weed out illegitimate requests

• Possibility of staff abusing PC status• Most PC units include a diversity of types of

inmates• Result of diversity can provide a serious

management challenge

Formal PC Procedures and Operations (cont.)

• Living in PC– May be separate or part of administrative

segregation– Minimal room for distinguishing PC prisoners from

those in disciplinary segregation– Prisoners are exposed to negative attitudes from

other inmates and staff– Some feel safer and experience less stress– PC units experience a high number of physical and

psychological problems

Formal PC Procedures and Operations (cont.)

• Transition from PC– Classification and casework officials made

decisions about length of stay– Consider threats to safety– Neglecting transition can be a serious mistake– Underestimation 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 stimulation

• Stigmatization lies at the crux of negative outcomes

• Can contribute to victimization• Often 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 stigma– Adopting an unconventional identity implied by the

stigma– Using the stigma as an excuse for shortcomings– Coming to view the stigma as beneficial– Avoid contact with peers who lack stigma– Alter interaction with non-stigmatized persons

• PC can also have a deleterious effect on self-concept

Legal Considerations

• Very little case law to determine legal rights• Key to whether correctional officials can be held

liable for actions is determination that an inherent duty to protect exists

• Delineation 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 inmates

• Negligence on the part of prison officials does not equate to a constitutional violation

• Have 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 settings

• Must consider stigma and protect from other inmates.