Jails

1
Jails
2
Administration

• Most administered by local, elected sheriff
• Large cities separate department of
  corrections
  
• Recent development regional jails
• Operated under joint agreement of 2 or more
  governmental units
  
• Police also operate lockups
• Should law enforcement operate jails?

3
Jail Inmates

• Predominantly male (89), disproportionately
  Af-Amer (41.3 black non-Hisp) and Hispanic
  (15.1)
  
• Black non-Hispanic 5.5x more likely than Ws,
  2.5x more likely than Hispanics to be in jail
  
• 13.1 of Black non-Hisp males ages 25-29 in jail
  vs. 4.1 Hisp. and 1.7 Ws same age
  
• More than half (54) of jail occupants there
  awaiting trial
  
• Many pre-trial detainees can spend as much as a
  year (or more!) in jail

4
Pretrial detention

• Jail or bail?
• Decision affected by
• severity of crime
• prior criminal history
• weight of evidence
• ties to community
• length of residence
• employment history
• current criminal status
• previous FTAs

5
Pretrial detention

• Bail systems
• Pay full amount
• Go to bail bondsman
• Most cannot afford to pay bondsman
• Alternatives to traditional bail programs
• ROR release on recognizance
• Deposit bail pay deposit to court

6
Problems of pre-trial detainees

• Jail as dumping ground
• Mental health issues
• Mentally ill people
• Despondency, fear
• Few resources in prison
• Substance abusers
• 40-90 arrestees test positive at time of arrest
• Issues of withdrawal, need for treatment

7
Problems of pre-trial detainees

• Medical needs
• Injuries sustained during arrest
• Existing medical conditions, including HIV/AIDS
• Legal issues
• Difficulty obtaining legal assistance
• Impact on outcome of case
• Some research finds more likely convicted,
  although larger studies dont
  
• Much more likely sentenced to prison

8
Preventive detention

• Two concerns re releasing defendants before
  trial
  
• Failure to appear
• Re-offending while on release
• Concern about re-offending led to movement to
  prevent release
  
• Legislation (1984) to permit pre-trial detention
  due to concern over community safety
  
• Allows judge to hold defendant w/o bail

9
Concerns re preventive detention

• Many believe denies due process
• Constitutionality upheld in U. S. v. Salerno
  (1987)
  
• Not good at predicting dangerousness
• FTA rate actually quite low
• Vast majority defendants not rearrested while out
  on bail

10
Pretrial Diversion

• Increasing recognition of special needs of
  defendants
  
• Defendants diverted out of the formal system
• Agree to adhere to special conditions set by
  prosecutor
  
• e.g. drug treatment, counseling
• Benefits
• Removes stigma of formal processing
• Cheaper than formal processing
• CJS not appropriate for many problems

11
Sentenced jail inmates

• Same problems as pretrial detainees
• Special concerns for jail administrators
• Legal liability
• Corr. officer and supervisors may be legally
  liable if deprive jail inmates of civil rights
  
• Jail crowding
• More release on ROR
• Speed up trials
• More diversion
• Institute more programs like work release

12
Sentenced jail inmates

• Special concerns (contd.)
• Standards for routine jail operations
• Jail facility
• Many in deteriorating condition
• Lack program space, have poor security, few
  recreational facilities
  
• Several building new generation jails
• Contain podular units

13
Podular units

• Small (i.e. 12-25) individual cells organized
  into one unit
  
• Share common space
• Advantages
• Self-contained --- can be easily shut down if
  need be
  
• Allows direct supervision
• Staff have greater autonomy
• Less expensive to construct
• Can allow for programmatic segregation