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Simon Fraser University
CRIM 241
Danielle Murdoch

CH7–CorrectionalInstitutions Security Levels Federal Correctional Institutions – all operated by CSC 1. Minimum security institutions = no perimeter fencing + allow unrestricted inmate movement, except at night 2. Medium = surrounded by high security perimeter fencing + some restriction on inmate movement 3. Maximum = highly controlled environments + high security perimeter fencing + strictly control and monitor inmates‟ movements through video surveillance 4. Special Handling Unit (SHU) - for inmates who present such a high level of risk both to staff and other inmates, that they cannot be housed even in maximum security facilities 5. Multilevel institutions – contain one or more security levels in the same facility or on the same grounds  Provincial – various levels, no uniform designation o More use of maximum than federal = mainly because they are responsible for housing person who are on remand awaiting trial/sentencing  broad range of security risks, absence of time to access, all are determined maximum Security Type  Static – fixed security approaches = perimeter fencing, video surveillance, alarms, fixed security post with Co  Dynamic – a variety of ongoing, meaningful interactions between Cos and inmates (beyond observation) = eg providing information, speaking and working with inmates, being proactive Total Institution (by Erving Goffman)  Prison is a highly structured environment in which all aspect of life, of the inmates, are controlled 24 hours a day by a staff, in the same place  A large number of like-situated individuals, cut off from the wider society for a period of time, together lead an enclosed, formally administered round of life”  Activities are tightly scheduled and controlled by an administrative hierarchy Continuum of correctional institutions  Prison vary interms of their: security classification, affiliation (fed/prof), size, management style, inmate characteristics, etc that affect the dynamics the of institutional life  The variability of prison environments are located at either end of the security spectrum – minimum to maximum Management Model  Federal o Assistant Warden Operations – oversee scheduling/deployment, desk/sector (supervision COs) o Assistant Warden Interventions – oversee assessment, intervention programs, chaplains, psychologists, aboriginal liaison management  Unit Management Model = supervisory arrangement model in provincial/territorial institutions o Each unit has a manager, report to a deputy warden o Manager supervise unit COs, classification officers, and support staff o Responsibilities also include security, case management, programming, health and safety o One group of COs work directly with inmates, other provide static security Health Issues and Infection Disease High Risk Behaviour // HIV / AIDS and other Infection Diseases  10x higher than general population, even higher for Aboriginal  Only include those known to authorities, many don‟t disclosed condition, some are not aware, some refuse to be tested  Putting inmates/CO at risk in the institution, as well as communities/families when released  Transmit disease through sexual intercourse, sharing needles, piercing and tattooing with pens/pencils/wire Prevention Strategies  Efforts to prevent and reduce high risk behaviour among inmates + reduce the levels of infection of HIV/AIDs and other infectious diseases  Eg provide them with condoms, lubricants, dental dams, bleach kits for needles (not needles)  Train inmates s peer health counsellors to educate other on how to reduce risk of infection  Expand methadone maintenance programs for heroine addicts Interdiction Strategies  Efforts to reduce the use of illegal drugs and other high risk behaviour in order to prevent HIV/AIDs and other infectious diseases  Eg frequent searches, urinalysis program, drug sniffing dogs, video surveillance, ion scanners that detect drug residue on clothing of visitors/returning inmates from community  Effectiveness uncertain  Concern – may lead to hard drug use in institutions because marijuana remain in system for many days, whereas heroin stay for only 48 hours – make chance of getting caught lower if use harder drugs  Thus mandatory drug testing may reduce levels of marijuana use, no evidence it reduce use of heroin Challenges  Meeting the Requirement and Legislation and Policy o Changes in law and policies, subjected to periodic external audits to ensure they follow proper procedures  Increasing Accountability o Increasing court involvement- impose duty to act fairly, ensure decision making is fair and equitable o Increase crime victims filing civil suits against correctional authorities o Million of dollars paid by correctional systems to settle lawsuits filed by inmates o Law suit from parents of inmates who have been severely injured/killed  (eg Jeremy Philips killed by serial killer who he double bunked with, coroner‟s juries recommended that serial killers be housed in separate single cells **however recommendations are not binding on correctional services)  Managing Staff o Need good morale and a shared sense of purpose among staff o Fail leadership can result in poor working environment, lead to incidents and disruptions  Conditions in Correctional Institutions o Physical conditions have a significant impact on relations among inmates/staff o Kingston penitentiary will be closed in 2014  Growth in Remand Populations o Number of person + length of time on remand = increasing o ¼ of those on remand are for offences against the administration of justice (eg breach of probation conditions, failure to appear in court) o Housed in provincial institutions – very resource straining and overcrowded (BC at 200% overcapacity) o All on remand are held in maximum security facilities (regardless of offence/criminal record, have minimal access to programs/services) o Include all who are charged with violent crimes, mentally ill, addiction problems  Changing Offender Profile o More and more go maximum security, more serving for violent offence o Most at provincial are convicted for nonviolent, but have high rates of alcohol/drug abuse, unstable work histories o Over 90% been assessed as requiring treatment for substance abuse, or in personal/emotional domain  Elderly Inmates o 20% in custody, 30% in community are over 50 years old o Convicted of more serious violent/sexual offences – but very long ago, so lower risk o Chronic illnesses, disabilities, hearing and vision loss, Alzheimer‟s disease o Older inmate serving first term may have difficulty adjusting, susceptible to victimization by younger inmates o Many correctional facilities were not designed to address needs of elderly offenders  Mentally Ill o 35% of federal inmates have mental impairment that require treatment (schizophrenia, major depression, bipolar disorder) o Difficult to find treatment for them especially in provincial o Difficulty following institutional rules and be higly susceptible to victimization by other inmates o Usually have longer detention periods, more likely to get discipline than treatment, impact on opportunities for release and ultimate success in community  Offenders with Fetal Alcohol Spectrum Disorder o FASD = condition of mental impairment due to the birth mother drinking alcohol while pregnant o Irreversible brain damage to fetus o Symptoms include: impulsive violence, inability to control aggressive/harmful behaviour o Tend not to learn from mistakes don‟t connect „cause and effect‟ o Egocentric, minimize impact of self, action, blame victims o At heightened risk of alcohol/substance abuse, repeated inappropriate sexual behavior, involvement in CJS o Gain minimal benefit from treatment program designed to alter their attitudes/behaviour o Subject to victimization and manipulation by other inmates  Overcrowding o Been a problem since Kingston was built in 1835 = today many are beyond 100% capacity o Why? increase number of long-term inmates, growing reluctance of parole boards to release offenders into community, absence of new facilities, changes in judicial sentencing patterns o Overcrowding in provincial – increase number of remand o Can lead to heightening tensions among inmates & w/ COs, compromise security and treatment programs o Double bunking violates UN‟s minimal standards for prisoners – place them at risk, murder by cellmates o Recent federal legislation may worsen situation (mandatory minimum sentences)  Inmate Gangs o 1/ 6 inmates are affiliated with a gang/organized crime o Incr in Aborig. gangs –more susceptible to gang‟s recruiting efforts (poverty, disconnected with school/community) o Smuggling, drug dealing, extortion – intimidation + assault to maintain power, cause riots and disruptions  Ensuring Inmate Safety o Staff must ensure safety of inmates they are in charge – but recent years many high profile incidents o Protective Custody = a section of the prison that holds inmates who are at risk in the general inmate population  House inmates who have snitched/testified against other inmates, have drug debts, convicted of sexual crimes (rape or child molestation) CH9–Inmates** General Profile of Inmate Populations  Tend to be male, young, single, low education, marginally skilled, disproportionately Aborigional and Black, have unstable lives, raised in dysfunctional families, minimal problem solving skills, homeless, lengthy criminal history, alcohol and drug addiction, mental impairment, FASD  Female offenders also share similar marginalized background of poverty, alcohol and drug dependency, limited education, minimal employment skills – suffered sexual and physical abuse, responsible for children  Many in provincial = over half with sentence under one month Gong Inside - Status degradation ceremonies  The processing of offenders into correctional institutions whereby the offender is psychologically and materially stripped of possessions that identify him or her as a member of the „ free society‟ o Eg issue prison clothing, id number, loss of personal possessions o Mechanisms by which offender move from free world, to world of prison (with strict rules, regulations, informal economy, social system)  No “status restoration” ceremonies at end of confinement to convert back into citizens Living Inside - Pains of Imprisonment  The deprivations experienced by inmates confined in correctional institutions  Including the loss of autonomy, privacy, security and freedom of movement and association o Loss of liberty – most devastating for most offenders o Must cope with loneliness, boredom, hopelessness (Many do not get visits, no letters, for years) o Worse for aboriginal, who are often incarcerated far away from home community  Also brought about by correctional policies and practices o Indeterminate sentences – leave them uncertain when they will be released and what conditions o Inconsistent application of regulations by COs o Risk assessment that categorize inmates result in a loss of personal integrity Inmate Social System (Inmate Subculture)  Federal system – most likely have high developed system (longer incarceration period)  in provincial, too much turnover, work against development of system  But many in provincial also incarcerated many times, well trained at doing time  Pains of imprisonment ensure inmate social system will remain prominent Why did it evolve?  Deprivation theory = holds that inmate social system exists to provide inmates with access to illicit goods and services  also as a consequence of inmate‟s attempts to mitigate the pains of imprisonment  Importation theory = holds that attitudes and behaviours that characterize the inmate social system are imported into prison by offenders who had criminal careers on the outside Concepts to help us understand the inmate social system  Prisonization = the process by which inmates become socialized into the norms, values and culture of the prison o Not a uniform process, criminals with extensive carceral experience most likely already have developed antisocial criminal attitudes/behaviour  Institutionalized = inmates who have become prisonized to such a degree that they are unable to function in the outside, free community  State-raised offenders = inmates who have spent most of their youth and adult lives confined in correctional institutions o Experienced limited freedom, no social skills or ability to function outside, scare out face paced modern life o Prison is a home, provide security, friends, room, food, predictable rouine  Challenge: longer confined – more difficult to retain prosocial attitudes, so need to prevent them from being so immersed in the culture that the efforts of correctional staff to promote positive values and behaviours cannot succeed ; need to „unprisonize‟ inmates as they move closer to release date Components of ISS  Inmate Code = a set of behavioural rules that govern interactions among inmates and with institutional staff o Eg do your own time, don‟t exploit others, don‟t be weak, don‟t rat  Social (Argot) roles = roles that inmates assume based on their friendship networks, sentence length, and other factors related to their criminal history and activities in the institutions o Eg square johns = prosocial behaviour, positive attitude toward staff and administration o Right guys = antisocial, negative attitude toward authority o Snitches = play a risky game of providing staff with information about other inmates and their activities  * these types of roles exist in inmate population is strong evidence that inmate code is not the defining feature of inmate behaviour. In fact, inmate relationships are characterized by considerable fear, intimidation, violence and manipulation; how much this is so depends on the „vibe‟ of the particular institutions and the types of offenders in it  Specialized Vocabulary: “bit = inmates sentence (a five year bit) //Beef = crime committed // Fish= new inmate // Goof = inmate who behaves inappropriately (eg violate inmate-posed prohibition such as whistling) Mature Coping  A positive approach to adapting to life inside – Inmates avoid using violence and deception in addressing problems, altruistic in their relationships with other inmates, use their time in confinement for positive growth through participating in treatment programs o Obstacles: prison regimen may not encourage independent judgement, other inmates may seek to disrupt environment, inmates trying to cope maturely may find themselves victimized by others Self-injurious behaviours  Any deliberate actions that involves bodily harm or disfigurement (head banging, skin cutting)  Pains of imprisonment combined with challenges faced by individual inmates may lead to self-injurious behaviours, even suicide  Most frequent cause of death – natural, alcohol/drug abuse, accident, suicide o Male = more at risk of suicide (longer sent, mental disorder, history of violence)  Suicide rate is 2x of general population (most often by hanging) o Female = higher risk of SIB as a way to cope with isolation, distress, emotional pain  Female in segregation – higher risk of suicide o Aboriginal accounts for 45% of all self-harm incidents in federal prisons  Initiatives designed to reduce: health assessments at intake, policies for managing inmates who are deemed at risk, various behavioural interventions CH10–Assessment&Treatment** Classification  After sentencing, offenders spend some time at reception centres, classification is using various assessment instruments to categorize inmates in order to determine the appropriate security level and programs o Gather documentation on offender – from family, courts, police, corrections, victim o Evaluated for health, mental health, security concerns, suicide risk o To determine security level – factors include: seriousness of offence, outstanding charges, social/criminal history, potential for violence, physical or mental illness)  Strong emphasis on risk and need assessment – core to treatment  Assessment continue throughout period of incarceration – reclassified periodically base on progress in programs and work  Static Risk Factors = Attributes of the offender that predict the likelihood of recidivism and that are not amenable to change o eg criminal history, prior conviction, seriousness of prior offences, performance on previous conditional releases  Dynamic Risk Factors = Attributes of the offender that can be altered through intervention o Eg level of education, employment skills, addiction issues, attitude and motivation  Criminogenic factors = risk/need factors that if not addressed, future criminal behaviour may occur (substance abuse problems, acceptance of antisocial values)  8 Factors that may predict criminality: lack attachment to family, school/work problems, lack prosocial recreation activities, antisocial peers, antisocial attitudes, antisocial personality, substance abuse, history of antisocial behaviour Case Management  The process by which the needs and abilities of offenders are matched with correctional programs and services  Primary goal: enable systematic monitoring of the offender during all phases of confinement o to balance the need for rehabilitation with community protection o to prepare the inmate for successful reintegration into the community o to contribute to the effective supervision of offender in community  Institutional Parole Officer (IPO) – primary responsible for case management – work with COs, psychologists, offenders – assess needs, factors that contribute to criminal behaviour, develop intervention plans, help offender complete plan – make recommendations for transfers, absences, conditional release o But spent much time completing paper work than supervising/counselling – may hinder helping offenders Correctional Plan  A key component of the case management process - that determines the offender’s initial institution placement, specific treatment or training opportunities, and release plan o Developed for most inmates, except for those serving short sentences  Plan identifies program base on dynamic factors (eg if offender‟s substance abuse contribute to criminality – they are referred to a substance abuse program)  Also set out parole eligibility dates, likely program entrance dates Treatment Integrated Correctional Program Model (ICPM)  An interdisciplinary approach to correctional programming (operated by CSC), that brings together counsellors / COs / aboriginal elders/ parole officers and others.  The team oversee the inmate‟s correctional pan and strive to ensure a „continuum of care‟ from the institution to the community  Integrates best practices from programs that had been offered separately previously (anger management, cognitive skills, violent offender programs) – ICPM include the most effective components of these programs while continuing to target the dynamic risk factors of offenders  Also to provide timely access to treatment programs, deliver more effectively, increase program completion, decrease recidivism  2013 review, shorter wait time, higher completion rate, significant for aboriginal Effective Treatment  Risk principle – more success if matched with risk level of offender (antisocial attitudes, values, etc)  Need principle – must address Criminogenic needs (drug abuse, peers)  Responsivity principles – success if match learning style and abilities – is a challenge because many have disabilities that present as obstacles to learning  Differential treatment effectiveness = that not all programs will work with all offenders – so to be effective, treatment must be multifaceted and matched to specific needs of the offender  Differential amenability to treatment = The notion that for a variety of reasons* not all inmates are receptive to treatment AND/OR that they require treatment tailored to meet their specific needs/abilities/interests. o Reasons include - mental deficiency, learning disability, deeply rooted criminal attitude, extensive history of confinement, lack of interest to change)  Differential treatment availability = The recognition that within correctional system, not all inmates have equal access to treatment programs.  Eg one sex offender receive one year treatment in a specialized program one region, another sex offender in another region completes only a 6 month program Recidivism Rates  The number of offenders who once released from prison, are return to prison  Traditional approach to measure effectiveness of treatment programs  Downfall: 1. Cant assess „relative‟ improvement (return only due to minor offence) 2. If success, could be due to reasons unrelated to treatment intervention (gain support from family, success in securing employment, maturation) 3. Offender might commit criminal acts without being detected 4. Success/failure may also depend on type of supervision receiving on outside Program Implementation  Program fidelity – Staff must ensure that treatment program is delivered in the way it was original designed o Can be assured by providing a clear program manual, give training and supervision to treatment staff) o Compromised if CO facilitate programs – inmates may not be able to speak openly/honestly about issues  Program drift – where a treatment program moves away from its original design and objective o Reason include lack of qualified staff and effective administrative oversight o Could compromise the integrity/potential effectiveness of programs  Therapeutic integrity – the importance of training / skill sets / supervision of treatment staff for the effectiveness of treatment programs  Throughcare – notion that there should be continuity between institutional treatment programs & community- based services for offenders – to make treatment more effective! o Challenge: lack resource, communication between staff, loss of eligibility to participate in programs on warrant expiry o Problematic for aboriginal who return to remote northern communities o Provincial – usually no programs unless have term of probation to complete Ch14-AboriginalOffenders Marginalization  Many in poverty, unemployment, low education, high death rates, violence, accidents, poor health care, inadequate housing, lack access to program/services, Racism & discrimination  Over half fail high school, no job is 2x the general  Youth = targets for gang recruitment, thus more involved in CJS/corrections  All consequences of colonization by European/Canadian government  Residential school system – children force away from family, widespread sexual victimization, fractured families, destroy tradition culture/values Overrepresentation in CJS  In all stages of CJS o 3% of Adult population, but 20% of federal and 27% provincial inmates o Aboriginal women 41% in custody (many heave mental health problems, substance abuse) o Youth 6% of population but ¼ to remand, 1/3 to custody  More incarceration than conditional release  More maximum/medium  More serving violent sentences – especially women! 75%  More designed as Dangers Offenders -26%  AFN argue that mandatory minimum sentences do not allow judges to follow principles of Gladue (s718.2) o Gladue decision has done little to stop overrepresentation – lack community alternatives, high violence crim limit the options for judges at sentencing  Overrep will continue – population growing, and is younger than general Addressing the problem  Aboriginal policing programs, diversion programs, Native Court Worker/Liaison programs  In corrections o Programs that incorporate Aboriginal spirituality, principles of restorative justice o Circle sentencing, community mediation, sentencing advisory committees, sweat lodges, healing circles, modules that focus on cultural awareness/substance abuse/family violence Aboriginal Corrections Continuum of Care  An initiative of CSC designed to connect Aboriginal offenders with their communities, traditions, cultures, beginning in the institution, and continuing on conditional release in the community  Community engage throughout, provide support for successful reintegration beyond warrant expiry date Aboriginal Women Offenders Circle of Care  A CSC program designed to provide Aboriginal women with coping strategies in preparation for release into the community  Each is assisted full time by an elder, healing through cultural identity  Different stages w/ different objectives: developing healing plans, understand emotions and behaviours, explore spirituality to achieve balance in lives, get access to community resources Challenges In treatment for Aboriginal Offenders 1. Higher risk/need ratings than non Aboriginals 2. Participation rate is low overall 3. Many classified as high risk, in maximum security, limited programming 4. History of violence – not qualify for residence in Aboriginal healing lodge 5. Spend more time in segregation, further limit program opportunities 6. Lack of appropriate staff to deliver aboriginal programs – challenge in recruiting/retaining – many are to operate Ab programs without elders or Ab correctional personnel Parole Boards  5% of PBC staff are Aboriginal – few are board members  Boards do not need to know special knowledge of Aboriginal cultures/communities – lack cultural sensitivity  Efforts being made – must undergoing cultural awareness training, training with elders – unsure impact  Section 81 CCRA = Authorize fed gov to enter into agreement with First Nations communities whereby the community assumes the “care and custody” of some Aboriginal offenders upon the release from custody  Section 84 CCRA = Provides First Nations communities to participate in parole hearing & propose a plan for offenders reintegration & allows offender under LTO order to be supervised in an Aboriginal community Conditional Release  Less likely to get it, lower parole grant rates, Serve longer before released  Due to seriousness of crime, lack community support  Even if eligible – many don‟t apply  feel alienated, don‟t understand process, lack confidence in completing, lack help in applying  Lack access – could not work on correctional plan because institution have no programs – PBC see as high risk Aboriginal Staff for CSC  Ab Liaison Officers = Ensure ab offenders & community history are understood, needs met, liaise between non- ab staff, guarantee cultural and spiritual needs are met  Ab Correctional Program Officers = create culturally appropriate programs, address risk factors  Ab Community Development Officers = help offender return, help community develop plan  Ab Community Liaison officers = support when reintegrating into urban communities  Some may become COs Effectiveness of Aboriginal Programs * Many not evaluated – often focus on program dynamics not impact on quality of life or subsequent reoffending  Holly water Community (Manitoba) – community based, sexual/family abuse, restore peace and harmony o Increased
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