American Jails January-February 2017

e t a m In Intake

American Jails The Magazine of the American Jail Association

AMERICAN

THE MAGAZINE OF THE AMERICAN JAIL ASSOCIATION January | February 2017

January | February 2017

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THE MAGAZINE OF THE AMERICAN JAIL ASSOCIATION January | February | Volume XXX | NUMBER 6

features

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Prudent Care for Incarcerated Seniors Craig Wilson

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Determining Safe Operating Capacity Randy Demory and Rod Miller

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Cristina Guarneri

Gelassenheit: The Amish Justice System

Gang & Inmate Codes: Mistakes Don’t Mean Failure GS Klivans

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An Evolving View of “Sustainable Justice” Julia Hughes, Hugh D. Lester, and Bob Schwartz

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Does Your Facility Design Comply with PREA? Steve W. Davis and Justin Jones

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Core Competencies and Jail Leadership: Mentoring and Coaching Others Susan W. McCampbell, CJM

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36th Annual AJA Conference & Jail Expo

In This Issue This issue focuses on inmate subjects that our Nation’s correctional officers face on a daily basis: operational jail capacity, gang signs/codes, senior inmate care, and facility architecture.

Executive Director and Publisher Robert J. Kasabian, MBA Managing Editor Steve Custer

departments

Editor Sandra L. Lunsford Director of Advertising Nicole Gentile

4 President’s Commentary

E x e c u t i v e C o m m i t t ee

5 Guest Editorial

President Wayne Dicky, CJM, CCE Bryan, Texas

7 Executive Director’s Remarks

President Elect John W. Johnson, Sr., MBA, CJM, CPM Miami, Florida

61 In the Federal Courts

1st Vice President Ronaldo D. Myers, MA, CJM, CCT Columbia, South Carolina

66 Inside Correctional Health

2nd Vice President Elias Diggins, CJM, CCE Denver, Colorado

72 Board Profile—Michael Tolerico, CJM 74 Book Review

3rd Vice President Marsha P. Travis, CJM, CCM Nashville, Tennessee

77 Notes from the Field

Secretary Darren Sieger, MS Ft. Lauderdale, Florida

82 Chaplain’s Corner

Treasurer Jeffery L. Newton, CJM North Prince George, Virginia

82 Good Time Served 84 Index to Advertisers

Immediate Past President Mitch Lucas North Charleston, South Carolina

AJA Items of Interest

Statements contained in American Jails are the personal views of the authors and do not constitute AJA policy unless so indicated. AJA does not assume responsibility for the content of American Jails as submitted by contributors.

Material may be edited at the association’s discretion. We will consider for publication all previously unpublished photographs and manuscripts and particularly seek material that has a value to staff who work in jails. AJA is not responsible for loss or damage of any submissions.

16 AJA’s 2016 Corporate Members 18 Jail Manager Certification Commission Vacancy 70 NJLCA Correction— Congratulations to NJLCA Class 22

American Jails (Library of Congress ISSN 10560319) is published bimonthly by the American Jail Association, 1135 Professional Court, Hagers­ town, MD 21740-5853, Phone 301–790–3930 or fax 301–790–2941. The publication of advertisements does not represent an endorsement of those products or services by the association.

Copyright 2017, by the American Jail Association.

Subscription rate to AJA members is included in the annual membership dues. Single copy, current issue $10.50. Past issues $15 each.

73 AJA 2016–2017 Officers & Board of Directors 79 AJA Affiliate Members 81 Certification Commissions

www.aja.org Printed in the U.S.A. by HBP, Inc. Design by Lori Schulman, HBP, Inc.

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president’s commentary

What’s Your Restrictive Housing Policy?

Wayne Dicky, CJM

This issue of American Jails focuses on inmate topics and one of the most current discussions regarding the management of inmates is restrictive housing. Housing inmates with special needs or behavior problems is one of the most pressing issues for administrators as well.

What we have come to refer to as restrictive housing has been known by many names.

Most recently this type of housing was called solitary confinement, segregation, isolation, separation, or special housing.

People who work these areas sometimes use slang or less formal terms like lockdown, ad seg, and inmates often use the term “the hole.” Whatever the name, it is a place in a facility for people who must be removed from general population for an important reason.

…we must adopt the mindset that everyone in our facilities should be housed in the least restrictive housing available based on their behavior.

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There is an ongoing effort to improve conditions and reduce the use of restrictive housing in corrections. Congress is considering a bill to study and likely limit the use of these areas. The American Jail Association has issued a resolution identifying best practices (published in the September/October 2016 issue of American Jails and also found at www.aja.org) and the American Correctional Association has issued new accreditation standards for testing. Many people on the forefront of this discussion are advocating for the elimination of solitary confinement. In fact, I remember once encountering an architecture firm that refused to design facilities with single cells. The truth of the matter is that some form of separation from general population may become necessary for the safety of officers and inmates. Jail managers should be a part of the conversation to reduce the use of restrictive housing and to identify procedures to ensure safety.

There are some difficult challenges in the effort to reduce the use of restrictive housing. Beyond the various names, facilities use a variety of housing types and procedures in these housing units.

Defining and understanding these practices is critical before we can make improvements.

Is restrictive housing identified by the cell type used, the length of stay in that cell, the number hours out of the cell each day, or the restriction of privileges? Each of these

elements, and others, must be considered before we attempt to set a standard for facilities to follow. Furthermore, we must be mindful of the distinction between prisons and jails. As past-president Mitch Lucas often said, “Prisons measure the use of restrictive housing in months and years, while jails use days and weeks.” These factors will make it difficult to find a “one size fits all” approach.

For all the issues to be considered, there are some common ones that are ripe for improvement. The most important is that we must adopt the mindset that everyone in our facilities should be housed in the least restrictive housing available based on their behavior.

Facility administrators must be aware of the detrimental effects of isolation on people with mental illness and find a way to balance their health with the safety of the facility.

Some mental health consumers will function well in the general population and others may require more restrictive housing. It is important to realize that intermediate levels of housing between the general population and a safety cell or single cell is extremely useful. In addition, movement between these levels should be based on current behavior and safety concerns. In other words, policies should not include rigid time frames that

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guest editorial

Surprise, Surprise Several years ago we penned a treatise on pretenders and contenders. My colleague, Jail Administrator Don Bird from Pitkin County, Colorado, reminded me of the words from Brian Cashman, General Manager of the N.Y. Yankees.

He once said that he had a team of pretenders not contenders. In the succeeding weeks, star players were traded and one was outright released.

That is not the practice in many of America’s jails.

However, to be contenders we must follow proactive risk management practices. We keep hearing several redundant “constants”: mentally-ill inmates, use of force, restrictive housing, and healthcare.

As risks arise, so does an examination of our policies and practices. Sheriffs, jail commanders, supervisors, and employees should not be surprised by litigation if they do not comport with the legal obligation of affirmative duty.

Jail professionals should not be paranoid if they, in the performance of that duty, act rather than react.

Courts located across the United States will look at what we term the “acid test”: • Past complaints.

• Adequacy of the jail policy.

Unused stored chemical in non-working solution centers

• Reactive determination (policies that are written in reaction to an incident).

• Levels of violence.

• Reason and types of uses of force.

• Religious services.

• Role of the supervisory employees on duty: — Failure to act or supervise.

— Negligent training or employee retention.

— No “good faith” defense.

— Policy as protection.

We are asked by our constituents to be all and do all for our communities. As always, the major stumbling blocks are training resources, time, and that almighty dollar. Many of us operate a jail built in the “new generation era” of the late 1989s and early 1990s that replaced an edifice built in the 1800s. We are often discovering that, yes, we have a medical unit, but it’s not a mental health crisis center. Some jails have recently discovered that classifying sentenced inmates C ontinued

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Inmate worker refreshments spilling on unclean floors

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executive director’s remarks

“I Had No Idea” Recently, I attended the Association Executive Exchange, a conference for association executives. This event is similar to an AJA conference; however, instead of members, its attendees are the men and women who lead professional organizations.

Like an AJA event, this was an outstanding opportunity to network with peers, to share successes and failures, and to talk about the issues of the day.

Being able to meet and compare notes with your peers is invaluable.

There are thousands of associations similar to AJA in the United States. The attendees at the Association Executive Exchange represented a vast array of interests and focus.

One was from banking, another contracting, and the list goes on. I was the only attendee from the public safety segment.

At first, many of my counterparts were amazed to learn that there was an organization that focused solely on corrections in jails. This is not unusual for me to learn as I travel and participate in the non-criminal justice arena.

People are curious: Who do you represent? The jails and prisons? The inmates? The private jails? The people who work in the facilities? How many jails are there? You are asked the same questions, I am certain, in your daily life outside your facility.

In these social settings, I ask if they know the difference between a jail and a prison.

Generally, they do not. So, in 30 seconds or less to keep their attention, I explain that jails and prisons are not the same, to forget what is portrayed on television and in movies, and that everyone needs to understand the difference—especially policy makers. Most of my listeners are appreciative to learn the differentiation and its importance.

We then talk about the facilities, the correctional officers (no, they are not “guards”), how a jail works, and who operates them. The discussion evolves into how we work hard to return inmates to their communities and why it is so important that they do return.

The public needs to understand the vital role we play in their communities—and when educated, they are interested!

Programs play an integral part in many facilities, I explain, and those programs help prepare those who are to be released for success outside the jail so that they do not return.

What strikes me the most when I have these discussions is how almost everyone has a genuine interest in what jails are all about, how they operate, and their struggles and successes. Usually, my listeners want more information than time permits in social settings, but I do my best to hit the high points. “I had no idea,” is the most common refrain I hear from the people I encounter.

And I am certain you receive the same response when you mention what you do.

For me, here’s the take away: I use every opportunity I get to discuss jails and the men and women who work in them.

Every time I have that conversation, I am met with amazement and interest beyond my expectations. The public needs to understand the vital role we play in their communities— and when educated, they are interested!

Join with me as we shine a more positive light on the role of jails in America.

Thank you for what you do day in and day out.

Stay safe.

Robert J. Kasabian

ROBERT J. KASABIAN, MBA

Executive Director

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Determining

e f a S

Operating Capacity R andy D emory

and

R od M iller

This is the second of two articles on the subject of operational capacity.

The first article was published in the July/August 2016 issue of American Jails.

Safe Operating Capacity When future jail needs are forecast, stakeholders convert the anticipated average daily population into the number of beds needed to safely house that number of inmates. This ensures that there will be a cushion between the inmate population on a given day and the number and types of beds that are available.

This cushion is sometimes referred to as a “classification factor.”

Applying a classification factor has become standard practice when jails are planned, but the cushion that was anticipated is often forgotten once a jail opens.

All too often, the nominal capacity—the actual number of beds in the facility— becomes the minimum or expected occupancy.

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A jail may be crowded and yet have empty beds. Crowding occurs when the number, gender, and custody levels of the inmate population do not match the number and types of beds. As described in the previous article, the experience of the jails in Maine provides a good case study.

These jails had several hundred beds in minimum security dormitories that were designed for housing low-security sentenced offenders.

Improvements in

the criminal justice system diverted these low-risk inmates to programs in the community. Unfortunately, using those beds for higher security inmates would require costly renovations or more staffing to improve the level of supervision in the dorms.

Jail managers know that it is a rare day when every jail bed may be safely filled without compromising the imperatives of classification and separation. Too often, city and county officials believe that every bed could—and should—be filled at all times. What can we do better? We could create a process that determines the number of inmates who may be safely housed on a given day, and educate officials and the public on this issue.

This article underscores the safety and service implications of crowding, provides justification for finding the

right operating capacity, identifies and explores a broader range of factors that impact operating capacity, and offers suggestions for jail managers who want to develop credible, defensible, operating capacities.

No Rule of Thumb Just as there is no formula or rule of thumb to determine the “classification factor” when forecasting future needs, neither is there an easy way to accurately determine the safe operating capacity of a jail at a given time. There are just too many factors to consider and too many changes in the composition of the inmate population from day to day, that is: • Although some ratios are applied to the nominal capacity, there is no scheme that has found wide acceptance or use.

• Even if there was agreement on such ratios, there is no research on which to base such an approach.

Because of these deficiencies, it would be easy for policymakers to discredit and shrug it off.

How the Size of the Jail Was Determined “Classification, a second adjustment factor, takes into account the flexibility needed to separate populations by characteristics such as gender, risk level, mental health, physical health, and disciplinary segregation. The classification factor provides for those times when the number of inmates in a classification category exceeds the number of beds available for that classification. It creates a planning cushion that allows for the jail’s need to have a few open beds within each classification category available at all times for new inmates.”

Source: Bennett, D. M. & Lattin, D. (2009). Jail capacity planning guide: A systems approach. Washington, DC: National Institute of Corrections, U.S. Department of Justice.

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What We Can Do There are several actions that would improve local jail operations and move the profession forward on this issue: • Agree on the need to determine operational capacity to ensure safety and the effective delivery of services.

• Make a convincing case for operating within the capacity, using standards, evolving case law, and professional experience.

• Identify the factors that are known at this time and provide guidance to managers who want to use them.

• Apply the factors in our jails frequently.

• Refine the factors based on expanding experience.

• Assemble information from the growing experience in the field in order to refine the application of factors and to identify additional factors.

• Use outcome measures to evaluate the performance of our facilities and operations, creating a new database for researchers.

• Create and implement new local record-keeping practices to identify beds that are unavailable on a dayto-day basis, providing new data that will refine practices and tools.

The first item on the list—agree on the importance of operational capacity—has been partially addressed over the years. Jail standards address some of the factors that impact operational capacity.

Court decisions have intersected with these factors many times.

Publications have explored some of the factors and confirmed that a jail may be operationally full and yet have some empty beds. If managers decide to expand their efforts to understand and define operational capacity, the issue will gain more visibility.

Making a Case One analogy for operational capacity is to compare a crowded 10

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“Crowding occurs when the number, gender, and custody levels of the inmate population do not match the number and types of beds.” jail to someone who is overweight.

The extra weight that person carries increases the risk of many medical problems, such as heart disease, diabetes, certain types of cancer, high blood pressure, and breathing problems. A crowded jail is at higher risk for all of the problems that pose a risk to the jail. The second item on the list, “Make a convincing case for the need based on standards, evolving case law, and professional experience,” starts here with an understanding of classification.

Classification Not unlike a medical diagnosis, classification assesses inmate characteristics, measures risk, and identifies needs. These findings inform the assignment of inmates to housing and help staff to effectively supervise inmates, provide services, and protect inmates from harm. It is imperative to: • Classify using the latest methods and tools.

• Validate practices periodically.

• Revisit an inmate’s classification frequently to identify changes that impact the inmate’s classification.

• Consistently implement classification decisions.

Consistent implementation of classification imperatives, especially housing and separation decisions, is more likely when a credible operating capacity has been established

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and the operating capacity has been exceeded.

Standards The national Core Jail Standards were developed by the American Correctional Association (ACA), the American Jail Association, and the National Sheriffs’ Association with assistance from the National Institute of Corrections (NIC). These minimum standards provide jails with guidance on all aspects of jail operations.

The core standards address several issues that are relevant to operating capacity: • Objective jail classification (2A-16).

• Housing assignment (2A-17).

• Cell occupancy (2A-18).

• Segregation, separation (2A-21).

There are many other core standards that speak to the need for—and the factors associated with—operating capacity. The complete set of Core Jail Standards may be downloaded from www.correction.org. Printed copies are available for a fee through ACA (www.aca. org), which also offers accreditation for compliance with the Core Jail Standards.

Case law Thousands of Federal court decisions address jail operations, conditions, and facilities. Many cases involve inmate classification, separation, housing assignment, crowding, and other topics that are directly related to problems that are caused by the poor fit between inmates and the jails where they are housed.

Several cases in which inmates were injured by other inmates are identified in the “In the Federal Court” column on page 61 of this magazine.

Some courts found that officials were not responsible for inmate injuries or conditions when inmate classification, separation, and housing practices were found to be sufficient.

A case that was decided in 2015 (Castro v. County of Los Angeles, 797

F.3d 654 [9th Cir. 2015]) involved an inmate who was assaulted by another inmate after being placed in a “sobering cell.” A district court jury found in favor of the inmate and awarded over $2.6 million in damages. On appeal, the higher court affirmed that inmates have a right to be protected from attacks by other inmates, and that an officer and a supervisor were deliberately indifferent to the safety of the inmate.

The appeals court also concluded that the jail design represented a “municipal policy” for the purposes of establishing liability. According to the court, “One would assume that for any given construction project, including jails, the municipality’s governing body—or a committee that it appoints to act in its stead— reviews bids, considers designs, and ultimately approves a plan for the facility and allocates funds for its construction. These choices are sufficient, in our opinion, to meet the definition of a formal municipal policy.…”

Managers need to use standards and case law to convince policymakers that a safe operating capacity must be established and maintained.

In addition to liability resulting from inmate-on-inmate violence, liability for failing to implement classification decisions may also provoke litigation involving: • Administrative segregation—alleging insufficient safe space to house inmates who need to be removed from the general population for a variety of reasons.

• Classification and separation—challenging the validity of classification procedures and tools, lack of comparable separations for females (raising Equal Protection claims).

• Conditions of confinement—raising concerns about physical conditions, crowding, out of cell time, idleness, inadequate staffing.

• Cruel and unusual punishment— alleging unconstitutional conditions for sentenced offenders.

• Exercise and recreation—asserting inadequate exercise space, frequency and duration of access, safety of inmates when in exercise areas.

• Failure to protect—accusing officials of failing to prevent inmateon-inmate assaults, suicides and suicide attempts, and staff failure to intervene to protect inmates.

• Facilities—citing crowding, ventilation, temperature, amount and type of space, condition of facility, and equipment.

• Female inmates—criticizing parity of programs and conditions, sexual harassment, sexual assault, privacy, and searches.

• Food—objecting to the quality and quantity of food, temperature, and adequacy of food services to meet the needs of the number of inmates housed.

• Hygiene-inmate personal—voicing concerns about crowding, access to hygiene materials and facilities, and opportunities to shower.

• Intake and admissions—protesting interim classification procedures, separation during first hours of confinement, adequate supervision, medical and mental health screening, and adequacy of shortterm holding space.

• Medical care—alleging deficiencies regarding adequacy of care, timely provision of services, initial screening, access to care, appropriate separation, and housing choices.

• Mental healthcare—challenging the adequacy of screening, diagnosis,

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treatment, appropriate housing options, size of housing units, provision of single cells, and availability of observation cells.

Pretrial detention—alleging constitutional violations regarding the full range of issues described here from the perspective of persons who have not been convicted of an offense (14th Amendment due process rights).

Programs-inmates—asserting deficiencies with court-ordered programs, sufficient programs to address inmate needs as identified through the classification process (e.g., substance abuse treatment, counseling, education, and more).

Safety and security—complaining of failure to protect inmates from harm, ineffective physical and operational security.

Sanitation—challenging the condition of facilities, crowding, housekeeping, and floor-sleeping.

Services-inmates—seeking sufficient food service, timely delivery of meals at the correct temperatures, and adequate amount of seating for inmates to eat.

Supervision—objecting to inadequate supervision, and inadequate staffing.

Visiting—alleging inadequate facilities, type of visiting, frequency, and duration.

Work-inmate—criticizing idleness, insufficient work opportunities, and lack of parity for male and female inmates.

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Identifying Factors The first article identified six factors that should be considered when establishing an operating capacity: • Number of separate housing units. The more separate units, the more flexibility to ensure that inmates are properly separated according to classification criteria such as gender, security risk, behavior, health, “keep separate” considerations, and other factors.

• Size and mix of sizes of housing units. A jail that has only large housing units will likely have more empty beds if classification decisions are fully implemented.

Access to units that vary in size will prove to be more efficient and increase the operating capacity.

• Proportion of beds in dormitories. Dormitories do not provide the option of “sending an inmate to his/her cell” at night or as needed during the day. Inmates housed in a dorm are always together in one space. This limits the type of inmate who will be suitable for placement in a dorm, reducing the functionality of the beds in the dorms.

• Proportion of beds in multiple occupancy cells (availability of single cells). Similar to the constraints described for dormitories, double and multiple occupancy cells are more difficult to use efficiently. Some inmates must be housed in a single cell. When there are insufficient single cells in a jail, assigning one inmate to a double cell leaves an empty bed that should not be used. Or worse, the inmate is housed with another inmate, posing a higher risk.

• Sufficient short-term holding. In most jails, 60% or more of all persons admitted to jails are released within 72 hours. Many jails are designed to keep these short-term detainees in temporary holding cells, rather than moving them into long-term beds. When shortterm holding space is insufficient, short-term inmates are often 12

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“Crowding can create serious management problems and can compromise the safety of inmates and staff as the jail environment becomes increasingly volatile. Crowding can be measured in the lack of flexibility …a jail is at capacity before reaching its design limits.”

—Bennett & Lattin, 2009

moved to long-term beds, reducing the functional capacity of the jail.

• Correlation between inmate security classification and the security of beds. Most jail populations are “hardening” as alternatives to confinement are implemented in the community.

Many managers ask “what happened to the good inmates we used to have?” If a jail has lowsecurity housing but no low-security inmates, it will be difficult to safely use the low-security beds, decreasing the operating capacity.

When low-security beds are used for higher-security inmates, staffing usually increases to provide closer supervision.

Following publication of the first article, several practitioners identi-

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fied additional factors that should be considered. Randy Demory, co-author of this article and Director of the Berkeley County Hill/Finklea Detention Center in South Carolina, explained that “…several ‘rule of thumb’ numbers generally thrown around are between 80% and 95%, but I have never seen a standard formula or a way to calculate it.”

He went on to propose several additional factors that should be considered: • The number of jail beds that are out of service for repairs at any given time. If a jail’s physical plant is averaging 5% of its beds out of service for repair, then its functional capacity could not be above 95%.

• The facility “service capacity.” If the laundry or kitchen is inadequate, it is reasonable to consider the impact on operations. If it takes two hours to get the meal trays out, then the jail’s food service capacity is inadequate to handle the needs of the number of inmates that it is housing.

Medical, mental health, and programs could also factor into an operational capacity calculation by either being insufficient or by having unused beds. For example, a 48-bed housing unit could be used for a treatment program that is capped at 30 participants, leaving 18 beds that can’t be used.

• Flexibility of facility design for housing females. In some jails, there is one section of the facility designated for female inmates.

If the number of female inmates exceeds the capacity of that section, the facility design may or may not make it feasible to use other areas of the jail for females.

This also applies to juveniles or youthful offenders if they are housed.

• Variation of jail occupancy. If jail occupancy varies widely from day to day, or during certain times of the year, the operating capacity may be reduced in anticipation of a surge of new inmates. Some

Figure 1. Factors to Consider When Establishing Operational Capacity Facility Factors

Operations Factors

Inmate housing • Number of housing units • Variety of unit capacities • Types of beds — Cells or dorms — Cell occupancy (single, double, three or more) • Correlation between inmate security classification and the security levels of housing • Special housing areas such as medical, restrictive housing, protective custody, etc.

Staffing—Sufficient for effective supervision at all times, in all areas of the facility Capacity of Services • Food • Medical/mental health • Laundry, sanitation Program Capacity • Court-ordered • Treatment plan/ classification Keep Separates

Condition—Beds or areas of the facility that are not available Short-Term Holding capabilities up to 72 hours Design—Arrangement of housing areas to accommodate male or female inmate

jurisdictions experience peaks due to court sentencing practices, such as have one “sentencing day” per week or per month. Also, if the jail is required to house additional inmates on weekends—and the design does not provide space that may be converted for that use (such as a multipurpose room or classroom)—the operating capacity of the jail would decline prior to expected surges.

Alan Richardson, Managing Director of CGL, Inc., suggested that “…there is not an ‘official’ percentage or a ‘one-size-fits-all’ rule of thumb for calculating operational capacity.” He also suggested additional factors, including: • “Keep separate” orders for inmates. While the classification process assesses risk and determines the level of security needed for housing, there are often additional “keep separate” instructions that would require further 14

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separation of inmates who might otherwise be housed in the same level of housing. A facility with a high proportion of inmates who are gang members would have more such order, further reducing the operational capacity.

• Sufficient staffing. Inadequate staffing levels sometimes cause housing units to be closed, reducing the capacity of the facility.

Insufficient staff to provide effective supervision, movement, and response should also be considered when determining the operating capacity.

A final factor that has been identified is the availability of appropriate housing for special needs, including medical, mental health, restrictive housing, and protective custody.

Assembling and Organizing the Factors When the preceding factors are assembled, they fall under two

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primary categories: facility and operations. The characteristics of the inmate population should be compared to both factors in order to identify the instances in which the factor reduces the operational capacity of the jail. Figure 1 suggests a structure for organizing the factors.

Applying the Factors What does it mean to “apply” or “consider” a factor? Ask the following question: In light of the characteristics of the current inmate population, does this factor make it difficult to protect inmates and staff from harm—and to deliver essential services—by housing inmates according to classification findings?

If the answer is “yes,” then you have identified a factor that reduces operating capacity. When all of the factors for which the answer is yes are identified, they combine to suggest the extent to which the operating capacity is lower than the nominal capacity, and in some instances, the nature of the reduction.

Consider describing the reasons for which a factor causes a reduction in operating capacity. Allow a reader to understand your thinking and, in turn, to better understand the nuances of jail operations.

Sound complicated? Unfortu­na­ tely it is. But this approach allows you to explain your rationale to skeptics with more credibility than applying a simple discount. The sample form may make it look less daunting.

Moving Toward More Precision Managers should consider improving the foundation on which operating capacity is determined by collecting and analyzing data.

First, add new columns to your daily count records. Each day, identify beds that are unavailable because you don’t have the right kind of inmates. If possible, identify the specific housing units while you

Figure 2. Sample Form.

Factors That Reduce Operating Capacity

“R” If Reduces

Comments, Explanation

Facility Factors Inmate housing Number of housing units • Variety of unit capacities • Types of beds — Cells or dorms — Cell occupancy (single, double, three or more) • Correlation between inmate security classification and the security levels of housing • Special housing areas such as medical, restrictive housing, protective custody, etc.

Creating a Starting Point An operating capacity focuses on safety, and provides managers with an important yardstick by which to measure operations and to use when it is time to draw a line. This article identified multiple factors that should be considered when determining operating capacity, and it is likely that additional factors or refinements will be discovered in the future. Applying these factors can help you to calculate where the line should be drawn to keep capacity safely balanced with capabilities.

Documenting the rationale for an operating capacity calculation will increase the credibility of the finding.

Collecting and analyzing new types of data will provide another source of information when it is time to revisit the operating capacity calculation. 

Condition—Beds or areas of the facility that are not available Short-Term Holding capabilities up to 72 hours Design—Arrangement of housing areas to accommodate male or female inmate Operational Factors Staffing—Sufficient for effective supervision at all times, in all areas of the facility Capacity of Services • Food • Medical/mental health • Laundry, sanitation

Reference

Bennett, D. M. & Lattin, D. (2009) Jail capacity planning guide: A systems approach.

Washington, DC: National Institute of Corrections, U.S. Department of Justice. Washington D.C.

Program Capacity • Court-ordered • Treatment plan/classification Keep Separates Other Factors (Describe below) Total Factors That Reduce Operational Capacity are at it. For example, if you have a 12-bed medium security housing unit that you use for females, and you have only 9 female inmates who are classified as medium security, you have “lost” 3 beds until another appropriate female inmate is admitted to custody.

This is different than simply counting the number of empty beds

If you collect this data daily by housing unit, over time you will create a database that may be analyzed periodically, and which will be invaluable when you sit down to revisit the operational capacity calculations.

in each housing unit. Some of your empty beds could be caused by an overall inmate population that is lower than your nominal capacity. You are looking for a situation in which you would like to assign Inmate X to that unit, but she is not suitable to mix with the other inmates in the unit.

Randy Demory is retired from the Kent County Jail in Grand Rapids, Michigan, and is currently Director of the Berkeley County Hill/Finklea Detention Center in Moncks Corner, South Carolina. He has served as a jail consultant and trainer since 1998 and specializes in classification and inmate behavior management.

Mr. Demory can be contacted at Randy.

Demory@berkeleycountysc.gov.

Rod Miller heads CRS Incorporated, a nonprofit corporation he founded in 1972 (www.correction.org). He is a frequent contributor to American Jails, including the Jail Industries and In the Courts columns. He has written numerous texts on jail planning, design, operations, programs, legal issues, inmate work, security, and other topics. Mr. Miller can be contacted at rod@correction.org.

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ABILIS Solutions Corporation

Boswell Pharmacy Services

Global Corrections Group

ABL Management, Inc.

Briarwood Products

GovPayNet

All Source Security Container Manufacturing Corporation

Cape Cod Systems Corporation

Granger Construction Company

CGL

GTL

Chestnut Ridge Foam, Inc.

GUARDIAN RFID

Cleano, Inc.

HDR

CompuStrategies, Inc.

Heritage Parts

Concierge Corrections

Homewav LLC

Contract Pharmacy Services, Inc.

ICS Jail Supplies, Inc.

Corizon Health

IDS Illinois, LLC

Cornerstone Detention Products, Inc.

IHS Pharmacy

American Military University AmeriHealth Administrators APDS-American Prison Data Systems Aramark Argyle Security ARMORPUR Body Armor Odor Neutralizing Products ASSA, Inc. High Security Locks A‘viands Avon Protection Systems Berkeley College, New York Bio-cide International, Inc. Black Creek Integrated Systems BOA Security Technologies Bob Barker Company, Inc.

CorrectCare-Integrated Health Correctional Health Partners Correctional Medical Care, Inc. Correctional Medical Group Dynamic Imaging Systems, Inc. EDOVO ENSCO Rail, Inc. Ferguson Safety Products, Inc. GEO Care

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Integrus Architecture JIFFY Foodservice, LLC JLG Technologies, LLC Keefe Group LaBella Associates DPC Lattice Incorporated Legacy Inmate Communications Lexipol, LLC LiteScape Technologies

The American Jail Association would like to take this opportunity to recognize our 2016 Corporate Members.

Thank you for your support and patronage.

Mark’s Plumbing Parts and Maintenance Supply McDaniel Supply Company Meadowbrook Insurance Group MHS, Inc. Millennium Access Control Technology, Inc. Milspec Plastics Montgomery Technology, Inc. Moseley Architects Moss & Associates, LLC NaphCare, Inc. National Curriculum & Training Institute, Inc. NCIC Inmate Phone Service Nightingale Corporation NORIX Group, Inc. Northpointe, Inc. No-Shank, Inc.

Plastocon, Inc.

Sustainability Partners

PlumbZilla

Sydaptic, Inc.

PrimeCare Medical, Inc.

Telmate, LLC

Push Beverages, LLC

The JonesZylon Company

Quality Correctional Health Care, Inc.

The Pizzuti Companies

Quality Plan Administrators, Inc. R&N System Design RQAW Corporation Rapid Financial Solutions Relias Learning Rosser International, Inc. Securus Technologies SkyPath Satellite Systems, Inc. Smallwood, Reynolds, Stewart, Stewart, Architect SMRT Architecture Engineering Sonoran Desert Institute (SDI)

Numi Financial

Southern Folger Detention Equipment Company

OD Security North America

Southern Software, Inc.

Pay-Tel Communications, Inc.

Spartan Chemical Company

PDC-A Brady Business

Spillman Technologies, Inc.

Tidal Wave Telecom, Inc. TimeKeeping Systems, Inc. TKC Management Services Treanor Architects Tribridge Trinity Services Group Union Supply Group Unisys Urbahn Architects Uveritech, Inc.—Fraud Fighter Vanir Construction Management, Inc. Victory Supply, Inc. Wexford Health Sources, Inc.

Stellar Services, LLC Sunburst Chemicals SUNDT Construction

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VACANCY JAIL MANAGER CERTIFICATION COMMISSION

The AJA Board of Directors and the Jail Manager Certification Commission (JMCC) are seeking to fill a vacancy on the Commission. Service on the JMCC is a five-year term commencing April 9, 2017, at AJA’s 36th Annual Conference & Jail Expo in Orlando, Florida.

The JMCC is the governing body that administers the Certified Jail Manager (CJM) and Certified Jail Officer (CJO) programs, sets policy, and ensures that the programs reflect the changing needs of the profession. A member of the JMCC is an ambassador for the advancement of corrections professionals.

To be considered, the applicant must be: › A Certified Jail Manager. › Currently employed full-time as a jail manager as defined in the CJM Handbook for Candidates. › An AJA individual member in good standing.

Responsibilities include: › Attending scheduled JMCC meetings. › Attending an Examination Item Review Session during the first year. › Reviewing CJM candidate EBFs. › Attending a test review session each year. › Actively participating in the promotional aspects of the CJM and CJO programs, which may include attending State, regional, and national conferences as needed. › Other responsibilities as the necessity arises.

Applicants should send a letter of expressed interest that includes: › Professional and educational background. › Current impressions of the CJM and CJO programs. › Vision for future growth of the programs.

Applications must be received at AJA headquarters no later than February 12, 2017. Applications received after the deadline will not be considered. Become involved by submitting your letter now.

Mail to: Kendra Thompson Certification Coordinator American Jail Association 1135 Professional Court Hagerstown, Maryland 21740 Applications are reviewed by the JMCC. Up to four candidates will be submitted to the AJA Board of Directors for final selection. Consideration shall be given to affirmative action, geography, and agency size so that the JMCC reflects the diversity of the field.

Questions should be directed to Kendra Thompson at 301–857–2323 or kendrat@aja.org.

Gang & Inmate Codes:

Mistakes Don’t Mean Failure GS K livans Nobody wants to make mistakes. But when we do, we learn from the experience. As we decipher a gang- or inmate-coded sample, we need to remember that sometimes “Your best teacher is your last mistake.”

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Figure 1.

I received a request to decipher the full- and partial-page samples shown in Figures 1 and 2. Figures 3 through 6 show a close-up view of each paragraph. Examine each section carefully. Look closely for similar symbols, symbol patterns, single symbols, and double symbols.

Let’s examine some of these closeup views. I highlighted some of the similar symbols, symbol patterns, single symbols, and double symbols. In Figure 7, I highlighted two identical sets of symbols. In decoding this sample, the first “word” I deciphered was wrong. But two of the letters that I identified were correct. To me, this looked like the word “HOLLA.” See the double letters?

I was wrong, but remember: “Your best teacher is your last mistake.”

Figure 2.

Figure 3.

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Figure 4.

.

Figure 5

Figure 6.

Figure 7.

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Figure 8.

Figure 9.

Figure 10.

2.

Figure 1 Figure 11.

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In Figure 8, I identified a single symbol. In English, excluding texting abbreviations, the only two letters that are used as a single letter are “I” and “A.” Since I tentatively identified the letter “A” in the word “HOLLA,” I can also tentatively identify the symbol for the letter “I.” Working through the document, I discovered that some of the symbols that I decoded in the word “HOLLA” were incorrect. However, the symbols identified as letters “O” and “A” did appear to be correct. I also felt that the symbol for the letter “I” was accurate. The next step was to find a group of symbols that would confirm the identity of these symbols.

In Figure 9, I identified two groups of symbols. If I correctly decoded the symbols for the letters “O,” “A,” and “I”, then the symbol pattern for these words would be: “OA_ _ _ A_” and “_OO_I_ _.” Try to decipher these words on your own before looking at my solution.

The solution to this challenge is “OATMEAL” and COOKIES.” That is, “OA_ _ _ A_” and “_OO_I_ _” becomes “OATMEAL” and “COOKIES.” If these identifications are correct, we know 10 letters of the alphabet.

We just need to fill in the blanks with other groups of symbols to identify the rest of the alphabet. Figures 10 through 12 show how to fill in the blanks with other groups of symbols to identify the rest of the alphabet.

Figure 11 is a close-up view of the highlighted symbols shown in Figure 10. Notice that the first and last symbols are identical. Also, note the double symbols are now identified as the letter “T,” and the location of the previously identified letters “I” and “E.” What word matches the pattern shown in Figure 11? Figure 12 shows the solution.

We identified the letters “G” and “N,” and now need to fill in the blanks with the other groups of symbols to identify the rest of the alpha-

Figure 14.

bet. The symbol template shown in Figure 13 identifies the symbols used in this sample. Note we also identified the numbers “1” and “2.” The word that I mistakenly decoded as “HOLLA” turned out to be the word “GONNA.” Figures 14 and 15 show the deciphered document. Notice that I did not correct spelling or grammar.

I was able to decipher this sample, because I learned that mistakes don’t mean failure—they can be your best teacher. 

GS Klivans is a gang consultant and lecturer. He retired with the rank of captain from the Westchester County (NY) Department of Correction (Peace Officer). He is a former District Attorney Investigator (Police Officer) and served in the US Army Reserve for 30 years in Military Intelligence and CID (Federal Agent). He is the author of the book Gang Secret Codes: Deciphered, which is available at www.policeandfirepublishing.com. He can be contacted at gsklivans@nycap.rr.com.

Figure 16.

Figure 15.

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AJAccess Education Portal Live Events On Demand Product Bundles Training Resources

Coming in January!

AJAccess is our newest professional development tool. If you missed any of our webinars on PREA, Legal Issues, Human Resources, Special Populations or Leadership, you can now view these sessions—AND selected workshops from AJA’s 2016 Conference & Jail Expo!

It’s user-friendly, convenient, cost-effective, and available per your own schedule. Visit www.aja.org under the Education tab for the link, which becomes your portal for AJA Live Events and Training Resources.

For more information, contact Patty Vermillion at 301-790-3930, ext. 302.

AN Evolving View of

“Sustainable Justice”

J ulia H ughes , H ugh D. L ester , and

B ob S chwartz

The American Institute of Architects (AIA) is a well-known professional organization for those who design buildings. Traditionally, the purview of architects included everything inside the building shell plus the 15-foot perimeter immediately outside that shell. That sphere of responsibility was only diffused by relation to the bigger context in terms of design, look, and massing, and was applied to justice and other building types alike. However, over the past 20 years, the AIA view of the justice architect’s role in and beyond the building envelope has changed significantly, largely through sustainability and the definition of sustainable impact.

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Today, an awareness of the role buildings play in the environment has burst that bubble once and for all, tying everything from wastewater production and heat islands to the design of an individual structure using metrics that are easily measured. Architects are now increasingly held responsible for the 20-year (or more) performance of the facilities, and for the long-term cost of operations of the facilities they designed.

Architecture Meets Environmental Sustainability The acronym “LEED” (which stands for Leadership in Energy and Environmental Design) is widely recognized even outside the building industry as a measure of sustainability. LEED—or other systems such as Green Globes—can be used to quantify and communicate the level of resource utilization by a building. As systems improve, the benchmarks for “high efficiency design” have continually evolved to meet higher industry expectations.

Even where specific criteria systems may not be used, most architectural firms are familiar with the current benchmarks for high efficiency and utilize similar minimum standards. Architects have accepted this broader responsibility and taken an active role in moving toward even more efficient designs.

Jails and prisons are notorious energy consumers, yet LEED certification has been achieved for a number of correctional facilities in the United States, including several Federal prisons. The challenge of proving that even these comparatively inefficient structures can meet high-efficiency standards has pushed architects working in the design of correctional facilities to new levels of creativity and innovation—with continuing improvements in efficiency with each new facility.

AIA’s Academy of Architecture for Justice In 2008 the AIA formally recognized the unique context of its 26

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Architects are now increasingly held responsible for the 20-year (or more) performance of the facilities, and for the long-term cost of operations of the facilities they designed. members working in the justice arena and created the Academy of Architecture for Justice (AAJ) as a knowledge community within the AIA. This community subsequently spun off the Sustainable Justice Committee (SJC) to tackle issues of sustainability in justice facilities. The SJC focused on strategies that could be employed at the building level to

improve outcomes within the justice system. The prominence of LEED and other environmental systems made environmental sustainability a relatively easy transfer, but social sustainability remained poorly defined.

Informed by other concurrent architectural guides for environmental sustainability (such as Architecture 2030 found at http://architecture2030. org/), the SJC published Sustainable Justice 2030: Green Guide to Justice in November 2010. This guide identified a much broader sustainability vision for architects working in the justice arena than just the environment. Under the Green Guide to Justice, the 2030 justice system is one in which justice facilities contribute to society at the: • Scale of Community.

• Scale of Building.

• Scale of Personal Experience.

Architects had already considered the personal experience and building scales, but were now charged with the lofty goal of designing facilities that will “[help] a community to solve the problems that threaten the sense of well-being so important to a healthy and purposeful society.”

Sources from the AIA Academy of Architecture for Justice Sustainable Justice 2030: Green Guide to Justice Washington, D.C. (November, 2010) Retrieved from http://network.aia.org/ academyofarchitectureforjustice/ ourlibrary/viewdocument?

DocumentKey=2a4629b8-8c4f-4bae-9ad3-658fc849ec41 Sustainable Justice Guidelines Washington, D.C. (2015) Retrieved from http://network.aia.org/HigherLogic/System/ DownloadDocumentFile.ashx?DocumentFileKey=60dcfe06-9b27-418e-9a3272747ccd0181&forceDialog=0 Visioning Outcomes: Restorative Justice Visioning Washington, D.C. (2015) Retrieved from http://network.aia.org/academyofarchitectureforjustice/ viewdocument/2015-restorative-jus

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• Assessment items that address culturally and gender-informed responsivity factors—such as mothering concerns and adult victimization • Guidelines that instruct users to consider gender-specific factors, as well as, the importance of minor risk/need factors and non-criminogenic needs • Evaluates positive offender attributes so that offender strengths may be highlighted and built upon in service delivery

When developing the Green Guide to Justice, the principles identified within the Sustainable Justice Guidelines (published in 2015) were crafted into a matrix of sustainable principles, goals, and performance metrics to govern the design of law enforcement facilities, courthouses, and detention/correctional facilities—all with a view to the year 2030. According to this guideline, by 2030 sustainable planning, design, and operations in the justice area will find ways in which architecture can enhance the physical needs, health, dignity, and human poten-

tial of all who come into contact with the justice system. Infusing the philosophies of the Sustainable Justice Guidelines throughout the planning and design process reinforces the conviction that architects can positively influence long-term community health through appropriately sensitive design.

Defining the Scale of the Community Pushing ever outward, members of the AAJ/SJC have worked in recent years to better determine specific tools and approaches to

Speaking from the Future In order to achieve the 2050 outcomes that were articulated by the speakers “from the future,” the stakeholders identified a series of goals that were set in planning stages for the CJC facility. These goals concurrently establish a vision for sustainable justice in any community.

• The unique cultural diversity of a community must be used to craft a vision of the future for the community and the role of the justice facilities in it.

• The community must fully engage in a grassroots civic development in multiple ways, such as guiding priorities for spending funds and creating conduits for investing in youth, education, job security, and social programs.

• Champions of social equity must work on legislation that results in a sustainable system that is focused on mutually beneficial outcomes for all citizens.

• Society must come to trust in the system and its leadership. This goal can be achieved by watching government and the justice system through a transparent process in which they openly take risks and explore new ways to develop solutions until they get it right.

• All systems within the community must work together to eliminate the school-to-prison pipeline by identifying and investing in at-risk youth, and by customizing programs that embrace each youth’s potential as valuable citizens with responsibilities to their families and community.

• The social consciousness in the community must elevate the human connection into a permeable culture of forgiveness, atonement, and acceptance. The image of the courthouse, police station, or jail must support this culture and be reborn into a beacon for peacemaking, connectivity, and restoration.

Miami-Dade County identified its metrics of success as: • A 2050 Miami celebrating the lowest recidivism rate in the Nation.

• Advancing social justice reform, synergizing it with healing families and atonement and ensuring that each person matters.”

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achieving a community level of sustainability, as defined by the Sustainable Justice 2030: Green Guide to Justice. The Scale of Community establishes the goal that “all citizens can have meaningful roles in their communities.” As most inmates eventually return to their communities, the success of that transition directly impacts recidivism and the ability to reenter society as productive and contributing citizens—bringing the responsibility for successful reentry home to the architect’s design boards. Issues such as site selection, collaboration between criminal justice agencies, and physical strategies to enhance participation of the community are also identified in the Green Guide to Justice as part of the consideration a planner or architect must give when working in the justice arena. The Scale of the Community continues to evolve as AAJ/SJC members test concepts in real-world project settings and reconvene to revise their vision.

A Real World Exercise The 2015 Restorative Justice Visioning Event (hosted by the AAJ/ SJC during the 2015 Academy of Architecture for Justice Conference in Miami) explored the implementation of strategies from Sustainable Justice 2030: Green Guide to Justice. In an unusual convergence of initiatives, Miami-Dade County was concurrently in the early planning stages for a new comprehensive justice center (CJC). The AAJ group negotiated with Miami-Dade County to allow the CJC project to be used as a real-world laboratory for AAJ. The SJC partnered with a Miami-based facilitator group, Urban Impact Lab, to cultivate local stakeholders and facilitate a visioning workshop that could be held during the AAJ conference.

The visioning workshop featured a panel of stakeholders and facilitators. Unique to this visioning session was the employment of a retrospective reflection from an imaginary future in the year 2050

(see “Speaking from the Future).

Participants were asked to discuss such topics as: • Remembering actions that “had been taken” to achieve the 2050 outcomes.

• Identifying civic values.

• Developing concepts to inform an overall vision statement.

Panel and workshop participants brought unique perspectives from a wide variety of backgrounds, including local political representatives, community advocates and leaders, developers, and others committed to a more just future for the community. The visioning workshop provided a unique opportunity in the justice world for early community engagement and putting into practice a basic principle of community planning—that nothing should occur in a community without the community’s active role in its creation.

During the visioning workshop, participants and professionals experienced the visceral energy that comes from a community when engaged with a vision of a successful future. The visioning sessions also served as a model for best practices for planners and architects, giving concrete experience in guiding projects through initial stages of development. Everyone emerged from this workshop excited to start future justice projects with new tools. The group shared a collective optimism that the country is finding ways to

Most importantly, this process identified the importance of early planning and community engagement to the success of this kind of “sustainable” design. move toward real change within justice reform as well as appreciation of a focus on people, not just buildings.

Most importantly, this process identified the importance of early planning and community engagement to the success of this kind of “sustainable” design. The MiamiDade County process identified viable goals early in the project definition stage, which can now serve as a guide for all subsequent

The Triple Bottom Line A less well-known metric of environmental impact here in the United States is triple bottom line (TBL) analysis. Developed in 1994

by British environmentalist John Elkington and ratified in 2007 by the United Nations, TBL was first accepted in the international development arena as a tool to document and quantify not only the traditional “bottom line” related to monetary costs and benefits, but also the social and environmental costs and benefits of a given initiative. Financial, social, and environmental elements make up the “triple bottom line.”

TBL analyses have become increasingly common in the architectural measure of the impact of a building, and have tremendous potential in tandem with initiatives like those articulated by Sustainable Justice 2030.

decisions. The SJC will continue to follow Miami-Dade County as they work toward transforming the visions from this session into tangible project goals.

Concluding Thoughts Justice facilities play a significant role our communities. LEED, Sustainable Justice 2030: Green Guide to Justice, and other developments have augmented the AIA’s role significantly beyond the traditional scope of design services. In addition to engaging architects in the life-cycle costing of facilities with a comparatively long lifespan, the new definitions of “sustainability’ engaged by the AIA have linked the role of the architect indelibly to the success of the justice system in returning whole, healed citizens back to our communities.

Architects and planners, regardless of the responsibility they assume, play just one role in the criminal justice system and its facilities. Sustainability like that envisioned by Sustainable Justice 2030 can only be achieved if communities, implementers, operators, and especially owners all commit to the same definition of sustainability—one that embraces everyone’s responsibility to the individuals who make up their communities. 

Julia Hughes, AIA, LEED AP BD+C, chaired the AAJ Sustainable Justice Committee for six years and has been instrumental in developing sustainable justice’s critical role in our healthy communities—and cultivating influential examples of SJ Principles in practice.

She can be contacted at 858–263–6694.

Hugh D. Lester, PhDc, has designed or planned justice projects ranging from $1.5M to $1.5B in total project cost.

He developed “human use” models of buildings and spaces during his doctoral research, prior to joining Dewberry. He can be contacted at 703–645–9727.

Bob Schwartz, FAIA, LEED AP BD+C, is co-chair of the AAJ Sustainable Justice Committee and Senior Justice Planner at HOK with more than 30 years of diverse justice design experience. He can be contacted at 314–409–8925.

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How do the PREA standards impact the design of your physical plant? If you don’t know, beware the architect who tells you that your physical plant is required to meet specific PREA standards in its design. There are none! Most PREA standards address a facility’s practices and not the physical construction of its buildings.

However, even though there are no specific physical plant standards, there are general guidelines that an experienced jail design architect should be following. When it comes to your physical plant, the architect needs to consider designs that help you to comply with PREA standards.

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This article provides a brief overview to what is and is not required for your physical plant under PREA for county jails and juvenile detention facilities.

Passed in 2003, PREA became effective on August 20, 2012. Per the National PREA Resource Center, the final rule states that “the goal of this rulemaking is to prevent, detect, and respond to sexual abuse in confinement facilities, pursuant to the Prison Rape Elimination Act of 2003.” Recognizing the clear implications of PREA on State and Federal correctional facilities, we also attempt to clarify PREA as it relates to county adult and juvenile detention facilities.

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PREA’s Focus The PREA standards are quite different from the American Correctional Association (ACA) standards. As with ACA standards, most PREA standards focus more on practices and procedures in a facility, with relatively few addressing physical plant standards. However, unlike ACA standards, which has some very specific physical plant standards (i.e., number of square feet per inmate in housing, dayrooms, and recreation areas), there are not specific standards that dictate physical plant design. Of the dozens of standards, which are reviewed during a PREA audit, three have a remote bearing on physical plant design:

• 115.18(a) When designing or acquiring any new facility and in planning any substantial expansion or medication of existing facilities, the agency shall consider the effect of the design, acquisition, expansion, or modification upon the agency’s ability to protect inmates from sexual abuse.

• 115.18(b) When installing or updating a video monitoring system, electronic surveillance system or other monitoring technology, the agency shall consider how such technology may enhance the agency’s ability to protect inmates form sexual abuse.

• 115.42(f) Transgender and intersex inmates shall be given the opportunity to shower separately from other inmates. [Note: “Separately” does not mean being placed in “involuntary segregation housing” unless all other alternatives have been assessed. If this assessment cannot be conducted immediately, the inmate can be held in involuntary segregation housing for a maximum of 24 hours. A PREA audit would require you provide documentation on how you considered the aforementioned PREA standards in your decision-making process.]

But what about those who are integral to operating a jail facility?

And how does PREA impact local sheriffs, jail administrators, their local jail and/or juvenile detention center?

Applied PREA Standards If your local government has elected to comply with PREA standards, then they apply to all confinement facilities including—but not limited to—local jails, police lockups, and juvenile facilities. Here are some standards that may impact the design of a jail.

Housing Units. The generally agreed upon definition of a “housing unit” is a space that is enclosed by physical barriers and accessed

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through one or more doors of various types, including commercialgrade swing doors, steel sliding doors, and interlocking sally port doors. In addition to the primary entrance and exit, additional doors are often included to meet life safety codes. The housing unit contains sleeping space, sanitary facilities (including toilets, lavatories, and showers), and a dayroom or leisure space in differing configurations.

Many facilities are designed with modules or pods that are clustered around a control room, allowing flexibility to separately house inmates of differing security levels, or groups of other operational or service schemes. The architectural design and functional use of multiple pods indicate they are managed as distinct housing units.

Adequate Staffing. The PREA standards do not include specific minimum staffing ratios for adult and non-secure juvenile settings, but guidance is provided on how agencies can determine adequate staffing levels to protect inmates, residents, and detainees from sexual abuse. In secure juvenile facilities, the Department of Justice (DOJ) defined minimum staffing ratios under PREA standards as 1 to 8 (1:8) during resident waking hours and 1 to 16 (1:16) during resident sleeping hours.

Separate Standards for Prisons and Jails? The standards for adult prisons and jails are the same, except for some minor differences. The DOJ does recognize the various differences between jails and prisons, but concludes that these differences do not warrant unique standards for each. Rather, the DOJ has provided sufficient flexibility for both prisons and jails to adopt the standards.

When appropriate, various standards impose different requirements upon prisons and jails, while others differentiate based on facility size.

Regardless of size, a plan should be in place to protect the inmates in 32

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your charge from potential sexual abuse or rape. Your policies and procedures need to include protocols to investigate any charges of sexual abuse or rape that may be brought.

Juveniles and Youthful Detainees Housing. Any person under the age of 18 (youthful inmate), who is under adult court supervision and incarcerated or detained in a prison or jail, must be housed separately from adult inmates in a jail or prison, but may be managed together outside of a housing unit if supervised directly by staff. The standard includes three requirements for housing youthful inmates separately: • Youthful inmates may not be placed in a housing unit where he/she will have any contact with any adult inmate.

• Youthful inmate housing must maintain “sight, sound, and physical separation.”

• Every effort possible must be made not to meet the first two requirements through isolation.

PREA Audit. Because the act applies to all confinement facilities, jails and other correctional facilities must be audited in order to be in full compliance with the standards (the only exception is for lock-ups that do not house arrestees overnight).

In addition, any county jails that house State or Federal inmates by contractual agreement are required to comply with PREA standards and must arrange for their audit and be PREA compliant, because the State and Federal government cannot place their inmates in facilities that are non-compliant with PREA. Standard 115.401 states that agencies must ensure that each facility operated by the agency is audited at least once during each three-year audit period. During the first year of each audit period, agencies must ensure that one-third of the total number of each type of facility operated by the agency, or by a private organization on behalf of the agency,

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is audited. The first year of the first audit cycle began on August 20, 2013. The first three-year audit cycle ended on August 19, 2016.

No Required Staff/Inmate Ratio.

The final PREA standards require each prison, jail, and juvenile facility to develop and document a staffing plan that provides for adequate levels of staffing and—where applicable—video-monitoring to protect inmates against sexual abuse.

Although the standards give specific staff-to-resident ratios for juvenile facilities, they do not give any staffto-inmate ratios for adult detention centers, though they do emphasize developing an “adequate” staffing plan. In fact, the standards are probably more specific about developing an adequate staffing plan that most other standards. One of the requirements is to provide for “unannounced supervisory rounds.” The unannounced rounds would only impact staffing indirectly, if a supervisor discovered that staffing assignments did not sufficiently provide for the prevention, detection, and response to sexual abuse of inmates or residents.

Shower Standards. There is nothing in the standards that mandates a shower in every cell. Your goal is to protect inmates from potential sexual abuse and rape. Transgender and intersex inmates need to be given the choice to shower separately from other inmates. This can be accomplished by providing individual showers with privacy screening that is viewable by staff (no gang showers). This allows staff to make the determination that only one person is in the shower at a time. If the facility chooses to have a shower in every cell, that is acceptable, but it is not a PREA requirement.

Bottom Line Most of the PREA standards address the practices within a facility. If you are building a new jail or planning an extensive remodeling to your facility, choose a design that

supports your efforts to comply with the PREA standards. An architect who is experienced and knowledgeable in jail design can provide you with a facility plan that meets the two rules of a good jail design: 1. Minimize movement. If an inmate’s movements can be minimized as well as staff-efficient, staff can more easily observe where inmates are and what is occurring at all times. Although reducing inmate movement may not necessarily reduce sexual abuse of inmates, it can help staff to have better control of where inmates are located. With direct supervision, the prevention of sexual abuse may be enhanced.

Not because inmate movement is minimized; instead there is more direct viewing of inmates by staff who can better see inmate interaction in such a setting.

2. Maximize visibility. The more the physical plant design can

minimize and reduce blind spots, the more it allows staff to have a continuous view of inmate daily activities, thereby, reducing the risk of inmate-on-inmate violence, sexual abuse, and rape.

When these two rules are followed, then your PREA concerns will be met. Cameras do not need to be relied upon to observe inmate activity, but only to document events. This enhances the agency’s ability to protect inmates from sexual abuse and the ability to investigate if an incident occurs.

Conclusion Remember to avoid any architect who tells you there are specific PREA standards that must be met in the design of your physical plant.

Although no specific PREA standard discusses the physical design of a correctional facility, there are general guidelines which an experienced jail design architect should be follow-

Help Build a Better Citizen, Not a Massive Inmate

ing. When it comes to your physical plant, only consider designs that can help you comply with PREA standards.

Steve W. Davis, AIA, ACA, is a Senior Designer for Shive-Hattery in their West Des Moines, Iowa office. He has been providing justice design since 1987 and has specialized in county adult and juvenile detention facilities. He can be contacted at sdavis@shive-hattery.com.

Justin Jones has 38 years of criminal justice experience, including 8 years as Oklahoma Director of Corrections. He is currently working as an independent business owner and operator of Justin W. Jones Criminal Justice Consulting, LLC. With his years of expertise, he assists his clients with applying evidenced-based best practices to improve effectiveness and efficiencies in criminal justice. He can be contacted at jstjon2@ aol.com.

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Prudent for Care Incarcerated Seniors

C raig W ilson

How many senior citizens are incarcerated in your local jail? Many people are surprised that any seniors are in jail, and the reasons for them to be in custody are highly individualized. Their crimes range from public disorder to serious felonies. This article focuses on how one county manages these incarcerated seniors.

Although much has been written about the aging prison population, the subject of older inmates confined in county jails has received less attention. Prisons and jails are similar in that both institutions detain inmates, but there are also many differences. Prisons are operated

by Federal and State governments, where data about inmates is more available and reliable. Counties and 38

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some cities operate more than 3,100 local jails throughout the Nation with inmate populations ranging from dozens in smaller communities to thousands in the largest jurisdictions.

Prisons are designed for long-term commitments and have more stable populations; they are better prepared and have more resources to care for older or ill inmates.

Jails, on the other hand, were designed to hold inmates during the legal process or for short local sentences.

These facilities constantly admit and discharge lower level offenders, many of whom have serious pre-existing medical conditions, persistent and serious mental health disorders, or severe drug and alcohol addictions. Jails

range from three to nine times the expense compared with the average-aged prison inmate (Human Rights Watch, 2012). Finally, older people are less dangerous than younger people. The relationship between age and crime is undisputed among researchers. There are significant declines in criminal activity by age 30 and trend downward precipitously with advancing age (Ulmer & Steffensmeier, 2014).

Santa Cruz’s Answer Santa Cruz County is located on California’s central coast with a population of 270,000 residents. With an inmate population of approximately 500, the jail system is considered a medium-sized jurisdiction. During a recent 90-day period, 44 arrestees of age 65 or older— representing 1.7% of all bookings—were booked into jail.

In 2015, Sheriff Jim Hart of Santa Cruz County launched the Prudent Care for Incarcerated Seniors initiative to reduce risks and to improve outcomes for inmates age 65 and older. “This isn’t about guilt or innocence,” Sheriff Hart said, “it’s about responding to actual needs and treating people with dignity.” Being in jail at age 70 is different than being locked up at age 25; incarcerated seniors are challenged in ways that younger inmates are not.

The Prudent Care for Incarcerated Seniors program consists of several specific components: • Enhanced medical screening.

• Increased staff awareness.

• In-custody support to evaluate and educate incarcerated seniors.

• Priority consideration for custody alternatives.

were not intended to provide comprehensive, emergency, or geriatric care for elderly offenders.

We have some knowledge about older people who are incarcerated, but some facts stand out. First, they are the fastest growing segment of the inmate population in the United States (Arkin, 2013). In 1981, there were only 8,853 State and Federal inmates age 55 and older.

However, by 2012, that number had increased to 124,900, and some estimates project that number to be more than 400,000 by 2030 if existing trends continue (ACLU, 2012). In addition, the medical needs for older inmates are much greater than those of younger inmates and cost estimates for providing medical care to older inmates

Medical Screening Santa Cruz County’s experience with seniors has shown they are at greater risk for health problems compared with other inmates. In addition, many have serious, chronic medical problems. To ensure the safety of the inmate and the jail’s ability to care for him or her, a policy requiring the arresting police agency to obtain medical clearance from a hospital emergency department before booking arrestees age 65 or older was recently implemented. This policy increases the likelihood that serious illness or conditions will be detected and treated (or at least known) at the time of booking.

Awareness The Corrections Bureau of the Santa Cruz County Sheriff’s Office developed the Inmate Risk Report, which is published daily and circulated to all jail staff. This report helps jail staff to identify and manage inmates who are known to have high-risk factors. The report’s Senior Alert category informs correctional staff of the presence of a senior in the facility in order to:

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Santa Cruz County Sheriff’s Office—Inmates with Alerts BOOKING NUMBER NAME ALERT CODE ALERT DATE

HOUSING LOCATION

PREA RISK B-543445 B-542854 TOTAL: 2

DICKENS, OLIVER PICKARD, JOHN LUKE

PREA RISK PREA RISK

09/13/2016 15:22 07/08/2016 17:46

A-OPEN-CELL026 O-ADSEG-CELL02

DISABILITY ACCOMMODATION B-544507 McCOY, LENNARD B-541974 BURKE, TRACY TOTAL: 2

DISABILITY DISABILITY

09/27/2016 08:03 06/11/2016 15:32

B-ADSEG-CELL13 D-OPEN-CELL016

SENIOR ALERT B-504287 B-543252 B-537199 B-540204 TOTAL: 4

SENIOR ALERT SENIOR ALERT SENIOR ALERT SENIOR ALERT

01/20/2015 10:36 07/21/2016 06:03 01/14/2016 22:16 05/12/2016 03:08

D-OPEN-CELL015 F-OPEN-BUNKD02 K-ADSEG-CELL11 RL1CCB08

DETOX PROTOCOL B-545417 SMITH, KEITH JACK B-545440 CUSTER, STEPHEN B-545404 VINSON, FRANKIE SCOTT B-545403 BLAIR, TERRENCE B-545408 JOHNSON, CLYDE THOMAS B-545415 LUNSFORD, SANDRA B-545365 LACY, CONNIE TOTAL: 7

DETOX PROTOCOL DETOX PROTOCOL DETOX PROTOCOL DETOX PROTOCOL DETOX PROTOCOL DETOX PROTOCOL DETOX PROTOCOL

09/25/2016 11:56 09/26/2016 12:26 09/25/2016 02:48 09/25/2016 06:41 09/25/2016 02:49 09/25/2016 09:54 09/27/2016 08:39

F-OPEN-BUNKB01 F-OPEN-BUNKC03 L-OPEN-CELL015 L-OPEN-CELL018 M-OPEN-CELL019 O-ADSEG-CELL04 O-ADSEG-CELL10

PREGNANT PC 3407 RESTRAINT LIMITS B-541446 SCHULMAN, LORI TOTAL: 1

PREGNANT

05/27/2016 15:54

H-OPEN-CELL023

ASSAULT RISK B-544552 B-545336 B-544709 B-542310 TOTAL: 4

RILEY, CARL SAMUEL LEACH, ROGER MITCHELL NEIMILLER, RICHARD ANSON, REED ANDREW

ASSAULT RISK ASSAULT RISK ASSAULT RISK ASSAULT RISK

09/16/2016 05:16 09/22/2016 23:52 09/04/2016 09:52 06/22/2016 11:31

J-ADSEG-CELL13 J-ADSEG-CELL15 J-ADSEG-CELL25 Q-ADSEG-CELL13

ESCAPE RISK B-544766 TOTAL: 1

FERGUSON, ROBERT CALUM

ESCAPE RISK

09/26/2016 16:41

J-ADSEG-CELL14

TRANSPORT ESCAPE RISK

07/07/2016 08:10

N-OPEN-CELL028

WILLIAMSON, ROBERT VANCE MANSON, ELIJAH CARTER, LOUIS JEROME FISHER, DAVID PETER

TRANSPORTATION ESCAPE RISK B-522274 ESTÉVEZ, MARTIN MICHAEL TOTAL: 1 TOTAL: 22

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1. Increase the likelihood of staff to notice changes that may signal a medical problem.

2. Ensure assignment to ground tiers and lower bunks to reduce accidental falls.

3. Protect against predation by other inmates.

4. Prompt investigation if a senior does not appear for medication distributions.

The courts play a major role in custodial decisions, and judges consider many factors when they determine a defendant’s risk of re-offence and the likelihood of them appearing in court. To increase judicial awareness and improve case processing, the jail distributes a weekly list of incarcerated seniors to all judges. This list includes the court department handling the matter, the charges, and the number of days the offender has been in custody. Several judges have expressed support for the notifications, because it is a tool to help prioritize cases on their crowded dockets as well as providing continuous assessment about the need to retain in custody.

Support It was also evident that a support group was needed.

The Seniors Class was designed as a wellness program to help seniors cope with the challenges they face in jail. Each week a therapist with geriatric experience meets with the incarcerated seniors in a group setting to address issues related to their custodial experience and reduce offender anxiety. The therapist also makes referrals to services that may be available upon release, including housing, medical care, and substance-use disorder treatment.

One senior inmate suggested seniors should be issued an extra blanket because older people are more prone to feeling cold. A needs survey of group participants determined the following: • 60% reported having had a fall in the past 12 month.

• The majority are taking prescribed medications.

• 80% said they do not regularly engage in physical activity.

The most urgent needs facing group members were lack of housing and ongoing issues with alcohol and drug addiction.

Alternatives to Custody From the time a senior is brought into jail to the time his or her sentence is completed, staff from the corrections bureau, probation department, and the health services agency are actively assessing for alternatives to physical custody. These include: 1. Seniors who are arrested for misdemeanors are released on promise to appear in court.

2. Those charged with a non-violent felony are considered for judicial release on pretrial diversion.

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3. Convicted and sentenced senior inmates are evaluated for electronic monitoring or community service work.

Social workers use a coordinated care plan to create a viable release and reentry plan that includes temporary housing, medical care, and support. Their commitment to intensive services plays an important role in managing lower-level offenders who have extensive histories of substance abuse. Yet despite a range of alternatives, some will remain in custody. Although community safety-related concerns involving seniors are few, most seniors who are retained have either severe addictions, mental health problems, or reasons that in addition to their age put them at greater risk for medical problems.

Concluding Thoughts When the Prudent Care for Incarcerated Seniors program began, the number of senior inmates fluctuated between 10 and 12 with a high of 15; the oldest of whom was 89-years-old. Today, the number ranges between six and eight with a low of three inmates. While it is uncertain whether the reduction in the numbers of senior inmates may be directly attributed to the program, the level of concern within the jails and the local justice system about the risks associated with incarcerated seniors has greatly increased. 

References ACLU. (2012, June). At American expense: The mass incarceration of the elderly. Retrieved from https://www. aclu.org/report/americas-expense-mass-incarceration-elderly?redirect=criminal-law-reform/ report-americas-expense-mass-incarceration-elderly Arkin, D. (2013, June 29). Exploding numbers of elderly prisoners strains system, taxpayers. NBC News.

Retrieved from http://usnews.nbcnews.com/_ news/2013/06/29/19192029-exploding-number-of-elderlyprisoners-strains-system-taxpayers?lite Human Rights Watch. (2012, January). Old behind bars: The aging prison population in the United States. Retrieved from www.hrw.org/report/2012/01/27/old-behind-bars/ aging-prison-population-united-states Ulmer, J. T., & Steffensmeier, D. (2014). The age and crime relationship: Social variation, social explanations. In K .M. Beaver, J. C. Barnes, & B. B. Boutwell (Edsd.), The nurture versus biosocial debate in criminology: On the origins of criminal behavior and criminality (pp. 377–396). SAGE Books: New York. doi: http://dx.doi.org/10.4135/9781483349114.n24

Craig Wilson is Chief Deputy of Corrections for the Santa Cruz County Sheriffs’ Office where he has worked 27 years. He can be contacted at craig.wilson@santacruzcounty.us.

…

A E PR It’s All Here!

Have you visited the National PREA Resource Center’s website at www.prearesourcecenter.org lately? It’s all at your fingertips or a phone call away. Keep up-to-date on all the latest news, available assistance, and resources.

Don’t reinvent the wheel—start at www.prearesourcecenter.org. Here is just some of the information available: TRAINING AND TECHNICAL AUDIT LIBRARY ASSISTANCE ● Audit Instruments ● Resources ● PREA Essentials (Start here) ● Audit Process ● Policy and Practices ● Curricula ● Auditor Qualifications and ● Legal ● Upcoming Webinars Application ● Research ● Archived Webinars ● Certified Auditors ● News Coverage ● PREA in Action ● Auditor Trainings AJA is presently under a grant to provide technical assistance at no cost to you. For more information, visit www.prearesourcecenter.org. Don’t forget to sign-up for the latest news, available training, and updates!

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Gelassenheit:

The Amish Justice System C ristina G uarneri

Editor’s Note: This article is an updated version of

Gelassenheit carries many meanings—self-surrender, submission, yield-

“Ordnung,” which was

ing to the will of God and to others, contentment, and a calm spirit. Most

originally published in the

importantly, gelassenheit is the opposite of bold individualism that may

March/April 2005 issue of American Jails.

promote self-interest. This is where the Amish society diverges most significantly from contemporary culture, and teaches the importance of humility and obedience.

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Humility and obedience are twin virtues in Amish culture. A spirit of humility signals respect for others. Members are taught to obey those with authority over them: children/parents, students/teachers, wives/husbands, community members/leaders, and younger ministers/their bishop. Most importantly, everyone is expected to obey the will of God as taught by the community. Despite the strong emphasis on humility and obedience, the Amish express great respect for the dignity of each person.

Living by a Different Set of Rules When it comes to crime and punishment, the Amish live by a different set of rules: God’s rules.

Abiding strictly by a moral code that values religion over all else and stresses forgiveness over anger, the Amish concept of justice looks very different from what most Americans encounter. In a community that is largely left to police itself, there are no courts and no set of punishments attached to a given transgression.

No matter what the crime, when the perpetrator professes repentance before the church community, they are often forgiven.

After the Nickel Mines, Pennsyl­ vania, schoolhouse shooting in 2006,

the h c a Re and d e ifi Qual zed i l a i Spec ts. n a c i Appl

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it was an act of forgiveness—not of anger—that was the response of the Amish community. Sympathy, a chance to repent, and to seek salvation are reasons behind such a response. God is everywhere in the Amish follower’s daily life, dictating what’s right and wrong. If there is a dispute within the community, it is resolved by the bishop, the highestranking member of the Amish clergy.

This type of philosophy remains even if there’s a problem too big to resolve. The community’s solution is to call other bishops from other communities in other States to help resolve it.

The Amish lifestyle is driven by the concept of gelassenheit, which (as mentioned previously) is a German word that suggests serenity, quietness of character, and submissiveness to God, church, and family.

The closest thing to punishment for a repeat offender is to be “shunned” by the community, either temporarily or for good. Excommunication is the most severe consequence, saved only for the utterly unrepentant.

Having such a peaceful, forgiving character means there are fewer consequences for anyone in the outside world who tries to do them harm— the Amish rarely press charges and would rather forgive than send a

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AMERICANJails

perpetrator to jail. However, when the law of the land has conflicted with Amish values, those values generally take precedence. In the last century, Amish parents who didn’t want their children in public school past the 8th grade pulled them out of class, breaking the law that required schooling until the age of 16. They were willing to go to jail for it, as some did until a Supreme Court ruling in 1972 granted them an exemption.

Mainstream law and Amish justice have collided more recently in a handful of sexual-assault cases within the Amish community. In some case, charges are never filed and punishment is left to the forgiving standards of the church. Many among the Amish community don’t care to be part of the courts, and judges outside the community are generally reluctant to send the Amish to jail (Morse-Kahn, 2013).

Compared to the lives of most Americans, Amish life is quite different in every way. The American justice system does not have a place within such a culture. In the Amish world, there’s crime but no punishment—only forgiveness and salvation.

A Peaceful Life Few prosecutors, jurors, and judges will convict the Amish because of their peaceful life style.

There have been a few cases that have resulted without incarceration, but rather through monetary fines.

There has been only one Amish person who has served time for the serious crime of murder.

On Tuesday, March 18, 1993, a Pennsylvania Amish man, Edward Gingerich, murdered his wife, Katie, as their children watched in horror.

The brutality of his crime shocked the Amish community, along with the rest of Nation. However, this man, who is a part of a culture that often times collides with the rest of the world, only served a minimum sentence of two and a-half years and a maximum of five years with credit

for time served after being found guilty of involuntary manslaughter, but “mentally ill.” Religious beliefs have affected many cases where favoring one religion over another is to be prohibited by our U.S. Constitution. However, when it comes to the Amish citizen who has violated the law, there seems to be wider latitude allowed than any other American citizen (Fisher, 2000).

For more than 300 years, these intensely private individuals have practiced a way of life that revolves around their deeply held religious beliefs. However, for prosecutors, jurors, and judges who preside over Amish cases, putting an Amish person on probation allows the criminal justice system to inflict minor punishment for the crimes committed and to avoid serving an actual jail or prison sentence. With the Amish people, there is no fear of parole violators or “flight risks” because most of those who are convicted will return to the “simple life” of farming or working in their home communities.

Justice Today Over the last century however, there have been major shifts in how we understand justice and its relation to punishment. Although it was common in the past to think it was good to spank children at home and at school, or to beat one’s servants and workers, we as a society have largely come to realize that, far from being good for a person’s soul, such violence can cause significant psychological damage that stunts a person’s healthy development.

One of the last places where we still embrace the idea of punitive justice today is in our correctional facilities. Yet even within our criminal justice system there is an increasing awareness that a strictly punitive approach rarely produces reform.

Offenders who simply serve their time commonly go right back out and commit more crimes because the root factors have not been dealt with.

In contrast, where rehabilitation programs have been made available,

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there have been dramatic drops in repeat offenses. In other words, this is not merely a matter of compassion, but of societal self-interest, because it means working to stop the “revolving door” of our correctional system.

abuse are the crimes most often committed by local members of the Amish community. More Amish are being charged due to a steady rise in population, along with such new technology as the Internet, cell phones, and smart phones. An

tionships. Other factors include that the crime is often committed against one of their own, rather than someone outside their community.

The Amish culture is a community in all aspects, making them more accountable to the governing

That’s what grace is all about: It does not ignore problems, but in fact addresses them on a much deeper level than punitive justice does.

While punitive justice does little to actually mend wrong, restorative justice in contrast is all about correcting what is wrong, changing negative dynamics, and helping people to overcome hurt. That’s what grace is all about: It does not ignore problems, but in fact addresses them on a much deeper level than punitive justice does. So while grace may be in conflict with a strictly punitive understanding of justice, it is not in conflict with restorative justice. In fact, grace is all about restorative justice.

Despite these broad trends away from a punitive understanding of justice, clearly evident in the changed approach to child-rearing and education, grace is still largely a foreign language to us, while the language of payback remains our native tongue. Recall the Amish school shooting in 2006: The emphasis on forgiveness and reconciliation in the response of the Amish community was widely discussed in the national media. Reporters hardly knew what to do with it because it was so radically different from the usual tenor of sensationalism and fear that characterizes how television news typically covers crime.

Approximately three quarters of individuals within the Amish community are under county supervision for DUIs and sex offenses—drunken driving and sex 46

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increased use of technology has led to more people of the Amish culture facing charges, and making them more susceptible to getting into trouble with the law. In Pennsylvania, approximately one hundred, or 1%, of the population under court supervision are Amish (Lancaster County Adult Probation & Parole Services, 2014).

Conclusion There are a number of reasons for the increase of accountability in crime among Amish communities. Some of the reasons point to a younger generation of individuals who have committed such crimes prior to officially joining the church.

This time of “running around,” known as rumspringa, provides a level of freedom often times forbidden within the culture. The term rumspringa is used to describe the period of adolescence when the Amish are able to experience a more formalized social world and peer interaction. This begins around the age of 16. While it has a purpose of decision-making for many adolescents within the Amish community, it is also a time to contemplate joining the church. However, once joining the Amish church, there is a strong commitment to maintain a degree of separation from the non-Amish world, with a heavy emphasis on church and family rela-

AMERICANJails

laws of Amish elders, where the consequences are stricter for offenders.

It is a new form of restorative justice—one where punishment is often times harsher than what is found in the American Justice System.  References Guarneri, C. (2005, March/April).

Ordnung. American Jails, 19(1), 37–39.

Fisher, J. (2000). Crimson stain: The shocking true story of the only Amish man ever convicted of homicide. New York: Berkeley True Crime.

Lancaster County Adult Probation & Parole Services Administrative Services, (2014). Annual Report: Client Population. Retrieved from http://pa-lancastercountycourts. civicplus.com/DocumentCenter/ View/366.

Setrakian, L. (2013). For the Amish Crime, but Seldom Punishment.

ABC News. Retrieved from http://abcnews.go.com/US/ story?id=2529347&page=1

Dr. Cristina Guarneri has spent the last 22 years working in government, while writing on various topics concerning law, government, and politics. She holds a doctorate in leadership, management and policy with a concentration in Public Policy from Seton Hall University, New Jersey, and a professional certification in Public Performance Measurement: Government Affairs from Rutgers University, New Jersey. She is also an author of 20 books. Dr. Guarneri can be contacted at cmg@berkeleycollege.edu.

AN ONGOING SPECIAL REPORT

AND

Core Core Competencies Jail Leadership u s a n

W. M

c

C

a m p b e l l ,,

ni g

CCJ JMM

M

Co ach

S

d n a g n i r o t en

What skills, knowledge, and abilities do jail leaders need in order to be a credible and successful? Beginning with the July/August 2015 issue of American Jails, we are exploring the 22 core competencies as identified by jail administrators across the country.

Welcome to the 10th installment on core competencies and jail leadership.

In this issue of American Jails, we take a closer look at the core competency identified as “teamwork through mentoring and coaching others� and recommend several valuable resources related to leadership.

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Mentoring and Coaching Others Description: Work with staff to strengthen the team and its members, lead by example, and go beyond expectations to assure the success of all involved.

Rationale: Creating and nurturing a successful team takes thoughtful planning, time, energy, and ongoing attention. This includes building and maintaining teamwork through both formal and informal strategies, such as mentoring, role-modeling, and other approaches to uniting the talents of a diversified workforce.

Great teams are not accidental, but rather the product of great proactive leadership.

Knowledge: • Team-building processes.

• Qualities of an effective team.

• Workforce characteristics (e.g., gender, age, race, special skills, etc.).

• Values of diversity.

• Stress associated with growth (dynamic tension).

Skills: • Analyze team members’ strengths and weaknesses.

• Develop role models and mentors.

• Inspire and motivate subordinates.

• Correct those subordinate behaviors that are out of line with mission/vision.

• Understand needs (and utility) of a diverse workforce.

• Help yourself and others learn from their mistakes.

• Use adversity advantageously to contribute to your personal growth.

• Establish programs and processes to improve teamwork and the team’s knowledge, skills, and abilities.

Abilities: • Be approachable to all employees and inmates.

• Help others succeed.

• Communicate effectively.

• Be a role model.

• Know your own strengths and weaknesses.

• Analyze people and situations.

• Be flexible.

Even with all your team members on the field and wearing the same color uniform, success is not guaranteed. Why is this core competency so important to jail operations? Many jail leaders claim they know how to build and maintain a team, but do they really? Often there is a “disconnect” between what are team-building “activities” and the fundamentals required for a successful team.

The exploration of this core competency asks: • Why do we need teams?

• What are the traits of an effective and well-functioning team?

• How do I assess my team?

• How are mentoring and coaching part of the jail workforce environment?

• What are the steps to improve teamwork, coaching, and mentoring in your jail?

22 Core Competencies for Jail Leaders • Anticipate, analyze, and resolve organizational challenges and conflicts.

• Develop and maintain a positive organizational culture that promotes respect for diverse staff.

• Assure organizational accountability.

• Develop and sustain organizational vision/mission.

• Build and maintain positive relationships with external stakeholders.

• Engage in strategic planning.

• Build and maintain teamwork; mentor and coach others.

• Communicate effectively, internally and externally.

• Comprehend, obtain, and manage fiscal resources.

• Enhance self-awareness; maintain proactive professional commitment.

• Establish organizational authority, roles, and responsibilities.

• Leverage the role of the jail in the criminal justice system.

• Make sound decisions.

• Manage change.

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• Manage labor relations.

• Manage power and influence.

• Manage time.

• Obtain and manage human resources.

• Oversee inmate and facility management.

• Oversee physical plant management.

• Reduce jail-related liability risks.

• Understand and manage emerging technology.

The Need for Effective Teams Before identifying the teamwork activities that you believe exist (or the ones you’d like to see implemented) on your shift and in your organization, let’s enumerate why we need effective teams as part of the jail’s workforce landscape. Then we can assess if what we are doing or planning as team-building activities are worth the time and expense.

Why teams? Here are what teams can do: • Achieve core mission/vision. Without unity, how is the organization’s mission and vision known and implemented? Pre-service training stresses the identification of the new employee’s work family. There is a need to build loyalty to the agency. (For information on mission, vision, and values, see the Core Competency article in the March/April 2016 issue of American Jails.)

• Affirm organizational values. The team collectively acts in concert with the organization’s values (for example, fairness, integrity, objectivity, inclusiveness, and professionalism). The expectations are set when highlighting these values. If a team member strays from the values, it is apparent. Affirming the values can also identify and defuse conflict, and the team can come to understand the need for accountability in their work.

• Create and maintain a safe work place. The team members are trained to know the rules and the basics of jail operations for the interests of their own personal safety, as well as for the inmates and the community. Consistency and expectations about how colleagues will act are fundamental. All employees have “ownership” in the jail—if for no other reasons than their personal wellness.

• Improve productivity. Working together to achieve the jail’s basic functions, sharing work, supporting peers, improving coordination and collaboration among work groups, and looking for new ideas are all reasons for creating the team.

• Communicate clearly. Ideally, all the members of the team receive the same, unedited, message from the leader and then respond accordingly. This communication also energizes the important interactions with the community and the funding authority. If there is no clear message that is governed by the jail’s mission/vision and accurately known by the team, how can those outside the jail hope to understand and collaborate with the facility?

We’ve all seen what happens when a team starts to disintegrate. Think of your favorite professional sports team. If they start to lose games, there may be a reshuffling of personnel, firing of coaches or the manager, trading of players, and/or blaming something or someone outside the organization for their woes. Was

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What I Learned from My Mentor Or Do You Measure Up? The inaugural class of the Jail Executive Development Program (JEDP) was asked: What was the most important lesson you learned from your mentor? See how you measureup to the advice given to these leaders.

• Be unbiased in your opinions.

• Clarify my personal and professional values, goals, and objectives.

• Develop critical thinking skills.

• Know that “he who angers you conquers you.”

• Be flexible.

• Don’t be afraid to make a mistake.

• Don’t expect to know everything; surround yourself by those who might.

• Bring out your subordinates’ strengths.

• Don’t micromanage.

• Be confident.

• Do the right thing—every time.

• Be yourself.

• Listen more.

• Be patient.

• Never pass up an opportunity to grow; they don’t come around often.

• Hold staff accountable.

• Put people first.

• Ask for what you want; the worse they can say is “no.”

• Listen first; speak last.

• Take criticism as an opportunity to improve.

• Learn how to traverse politics.

• Look for the other solutions.

Note: The majority of the JEDP reported that they had a mentor in their career.

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the “Curse of the Bambino” really why the Boston Red Sox didn’t win a World Series for 86 years? In this environment, the reason for the sports team’s existence is more about the money the franchise can make or lose rather than the public image of the community. The goal is to win as many games as possible, but the consequences are not life or death.

For jails, however, when teams begin to go bad, the consequences are substantially more dangerous.

What suffers is safety, morale, honor, community reputation and support, and funding, among a very long list.

Given why we need effective teams, what separates an effective team from others?

Effective and Well-Functioning Teams What identifies your team as “effective?” For this discussion an effective team is: • Achieving the core mission.

• Applying generally accepted correctional practice, case law, and standards.

• Being fiscally responsible.

• Respecting the workforce, inmates, and the community.

If you are engaged in accountability-based leadership, then your jail is tracking meaningful data, the results of which help determine alignment with the achieving the core mission.

(For more information on accountability, see the Core Competency article in the July/August 2016 of American Jails.)

Can you say that your team is effective? Looking at your jail, consider the entire operation and then review your workgroup. Is there a difference in effectiveness? Do you have other measures you want to include? There are no rules to deter you, but consider that criteria need to be objectively measurable. For example, respecting the workforce is measurable in retention rates, employee discipline, and employee awards.

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Assessing Your Team Often we are quicker to identify the characteristics of a team that is crashing: defeatist, negative, petty, demoralized, argumentative, unproductive, and—well, you can complete the list. We’ve all seen these “teams.” Your goal is to identify what you and your organization expect from the teams, and then determine if that vision is being met.

If your team are already meeting that vision, congratulations. If not, action is needed.

To guide the assessment of your team, consider investing in Patrick Lencioni’s book, The Five Dysfunctions of a Team. An internet search can yield instruments to help you make a deeper dive into measuring your team. Although the tools are not complex, they may prove that your initial impression of your team is probably right!

Here are elements of what may constitute a well-functioning team from Lencioni and others to reach the definition of effective: • Competent and knowledgeable. Employees know the jail’s mission/vision and are trained, encouraged, and supervised to perform their duties.

• Trust each other. Employees recognize that they are looking out for each other, and capitalizing on the talent. There is little gossip and almost no negative characteristics. Staff can ask questions and respectfully debate issues.

Feedback is to enhance, not to beat down the employees’ work performance.

• Focused on the core mission and the path to achieve it. Leaders and employees don’t get sidetracked by the crisis of the day.

There is continuity and steadiness in the organization.

• Commitment to the vision and mission. Managers and leaders exercise the judgment to reach the vision. The leadership “walks the talk.”

• Accountable. Staff don’t blame others. They pursue their jobs

enthusiastically, and accept the responsibilities for their work outcomes, even when there is a mistake. The organization is transparent: actions match words.

• Enthusiastic, high energy, positive. Employees are not cheerleaders, but genuinely committed to the organization. Everyone knows his or her role.

Other characteristics can also be added to the list. Perhaps that activity is an agenda item for a command staff or shift meeting.

If your assessment of your team results in more subjective rather than objective words, then perhaps the expectations are not set clearly enough. For example, if there is gossip, perhaps the leaders don’t walk the talk or the managers don’t hold guilty staff accountable? If there is more negative speak during meetings, the expectations about shared vision may not be clear. Although some individuals in our workplaces would be negative and unhappy even if they won the lottery, your job is to prevent these attitudes from infecting others. If you don’t inoculate the rest of the staff with the vision, mission, and values, the negative default culture will capture them and destroy the team.

When you have identified what you see as the positive and negative characteristics of your team, what is the next step? Deciding what is going well (or not going well) may require conversations with staff to understand what is contributing to the team’s performance and what is derailing it. The use of “staying interviews”—anonymous or not—is one place to start. Many organizations use exit interviews, but to what end? If you want to retain the staff you worked so hard to hire and train, then it is better to focus on the issues before they walk out the door.

Caution: Don’t solicit opinions if you are not prepared for the results. If you ignore or seek to disprove the results of exit interviews, more organizational damage can occur and any existing trust will be eroded.

The Staying Interview The exit interview of the 21st century may well be the retention interview; that is, asking employees how their job is going before you have to do an exit interview.

The Gallup Organization proceeded with the Q-12 Employee Engagement Survey asking: • Do I know what is expected of me at work?

• Do I have the materials and equipment I need to do my work right?

• At work, do I have the opportunity to do what I do best every day?

• In the last seven days, have I received recognition or praise for doing good work?

• Does my supervisor, or someone at work, seem to care about me as a person?

• Is there someone at work who encourages my development?

• At work, do my opinions seem to count?

• Does the mission/purpose of my company make me feel my job is important?

• Are my co-workers committed to doing quality work?

• Do I have a best friend at work?

• In the last six months, has someone at work talked to me about my progress?

• This last year, have I had the opportunity to learn and grow?

Pick any or none of these questions. Design your own survey.

Consider how to solicit input anonymously, by third party, or through an on-line resource. Most importantly, don’t start down this path if you (or the administrators in your organization) will not act on the results.

Although the answers may be painful to read, ignoring input just because you don’t agree does not help to improve the organization.

Source: Forbringer, L. R. (2002). Overview of the Gallup organization’s Q-12 survey. O.E. Solutions. Retrieved from http://daveatwood.com/uploads/ 2/8/4/4/2844368/overview_of_the_gallup_organization_s_q-12_survey.pdf

Mentoring and Coaching When asked during a survey if their jail had a leadership development program, only 17% of staff reported that they had a formal mentoring program, and 30% reported they had no initiatives to prepare the next generation of leaders. Even though there were efforts to identify these programs, there has not been much success in finding them (Stinchcomb, McCampbell, & Leip, 2009).

Mentorship seeks to capitalize on the knowledge and competence of the more senior staff to guide those with fewer years of experience. This is not a field training program— there are no grades or reports. This is an informal process that benefits both parties.

Although mentoring (and coaching) is considered informal, the initiative needs structure. Among the decisions to be considered are the agency’s commitment to mentorship, a selection and orientation for mentors and mentees, some level of oversight, and a means to determine if the process is benefiting the jail.

In other words, the ability to objectively answer the question: Did this mentorship program improve retention, job performance, and employee satisfaction? Whatever measures of success the organization agrees on must be identified before the program is launched, the baseline data captured, and the means to look at progress.

The skills to be a coach or mentor do not occur naturally. Providing

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Sources for Your Leadership Library The Stay Interview: A Manager’s Guide to Keeping the Best and Brightest Richard P. Finnegan, 2015 American Management Association “Overview of the Gallup Organization’s Q-12 Survey” Louis, R. Forbringer, Ph.D., 2002 O.E. Solutions http://daveatwood.com/ uploads/2/8/4/4/2844368/ overview_of_the_gallup_ organization_s_q-12_survey.pdf The Jail Leadership and Succession Planning Resource Center www.leadingjails.com The Five Dysfunctions of a Team: A Leadership Fable Patrick Lencioni, 2002 Jossey-Bates The 17 Indisputable Laws of Teamwork John C. Maxwell, 2001 Nelson Business The Future Is Now: Recruiting, Retaining and Developing the 21st Century Jail Workforce Jeanne B. Stinchcomb, Susan W. McCampbell, and Leslie Leip, 2009 Center for Innovative Public Policies, Inc. for the U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Assistance www.cipp.org/futureisnow.html FutureForce: A Guide to Building the 21st Century Community Corrections Workplace Jeanne B. Stinchcomb, Susan W. McCampbell, and Elizabeth P. Layman, 2006 U.S. Department of Justice, National Institute of Corrections http://nicic.org/Downloads/PDF/ Library/021799.pdf

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orientation to prospective mentors is essential to assuring that there is a similar experience for the mentees and that resources are identified, boundaries established, problemsolving attributes identified …just to name a few. Clearly, if there are staff who are not modelling the agency’s mission, vision and/or values, or if an employee is not competent in their job functions, they should be excluded from the mentor pool.

The good news is that information about mentoring programs is available online. Through a grant from the U.S. Department of Justice’s Bureau of Justice Assistance, the information for implementing a mentor program can be found at leadingjails.com. Developed with the American Jail Association, Correctional Management Institute of Texas, and the Center for Innovative Public Policies, Inc., the website includes administrative information and both handbooks for both the mentor and mentee.

Team-building through mentorship puts the agency’s mission, vision, and values clearly on display.

Either the jail is committed to leadership development and team-building or not. Transferring knowledge and values cannot be a haphazard process. This initiative provides benefits to both the mentor and mentee.

Team-Building Activities When jail leaders were asked about the team-building activities in their jails, the responses included: • Using task forces, advisory teams, or committees to review operational policies.

• Organizing a golf tournament.

• Taking on an obstacle course.

• Scheduling practical incident exercises.

• Giving an annual appreciation dinner/luncheon for staff and their families.

• Naming internal teams to manage jail functions (medical, classification).

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• Conducting annual training and “fun” activities.

• Providing quarterly team-building sessions.

Although almost all respondents indicated they were at least marginally knowledgeable in team-building, many could not articulate how that translated into specific strategies—what they had actually done or been part of.

When examining the range of possible team-building activities, the critical considerations are: (1) the reason your jail values and needs teams, and (2) the specific elements of a well-functioning team. If the team-building is not anchored to these, such activities may be a welcome diversion for a few hours, but they may not really benefit the employee or the organization.

The literature and the internet provide many examples of “team-building.” Before considering options, ask yourself the purpose of this initiative.

If it does not link to your mission, vision, and values, and provides a little or no projected return-on-investment to the organization, move to another strategy that does. Consider mentorship as one of the strategies for team-building and coaching.

Conclusion Team-building, coaching, and mentoring are on-going processes; therefore this core competency needs to be integrated into the daily life of your organization. A jail can start by looking at how teams are used, integrating employees’ opinions, and examining how well the organization is effectively functioning. If it doesn’t add up, consider capitalizing on the jail’s most valuable resource: its employees. 

Susan W. McCampbell, CJM, is President of the Center for Innovative Public Policy, Inc., a Florida-based company specializing in public policy consulting since 1999. She is also President of McCampbell and Associates, Inc. For more information, contact Ms. McCampbell at 239–597–5906 or susanmccampbell@cipp.org.

IL N JA S A C I R N’ A M E C I AT I O O ASS

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About AJA’s 36th Annual Conference & Jail Expo

This year AJA is in beautiful Orlando, Florida for its Annual Conference & Jail Expo on April 9-12, 2017. As the only national event that focuses exclusively on local jails and detention facilities, our conference provides jail professionals—from line officer to jail administrator—with need-to-know education, networking, and cutting-edge products. We look forward to you joining us in Orlando as we work together to Breakthrough to Excellence.

What Our Conference Offers:  Access to information on current ground-breaking topics and the challenging issues that affect the operation of jail facilities.  Tangible ways to successfully adapt to the rapid pace of change.  Innovative options for the better management of inmates.  New methods of dealing with budgetary constraints.  First look at new and emerging technologies, products, and services.  Networking opportunities with your peers from facilities across the Nation.

Registration Benefits:

Jail Expo

 Sunday AJA Luncheon & Business Meeting.  Sunday evening Grand Opening of the Jail Expo.  Monday morning Plenary Session.  Admittance to all training workshops.  Admittance to the Jail Expo on Monday and Tuesday.  Two complimentary lunch vouchers for the Jail Expo.  AJA Award Banquet Dinner Ticket.* New This Year!

Join AJA and local officials for the Ribbon Cutting & Grand Opening Ceremony at 5:15 p.m. on Sunday, April 9th.

Following the ceremony, the Jail Expo is open from 5:30 p.m.–7:30 p.m., and on Monday and Tuesday from 10 a.m. until 2 p.m. These hours are exclusive; no other activities are planned during this time.

*Guests and Student Registrations must purchase a separate banquet ticket.

Enjoying Orlando in the Sun… To add to the exceptional conference offerings for this year, AJA is also arranging a few extracurricular activities for attendees to enjoy outside. We hope you’ll join us for these stress-relieving, calorie-eating activities in Orlando’s fresh air!

Sunday, April 8: Golf Tournament Space is limited!

Sunday, April 9: Fun Run/Walk Monday, April 10 & Tuesday, April 11: Outdoor Yoga For more information and to sign up today, visit www.americanjail.org/activities.

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To register today for AJA’s 36th Annual Conference & Jail Expo, visit www.aja.org.

Co

re

Schedule is tentative and subject to change. Visit aja.org for more information and updates.

Saturday, April 8, 2017

Monday, April 10, 2017

Wednesday, Apri

8 a.m.–Noon Special Topics Saturday

7:30 a.m.–5 p.m.

Attendee Registration

9 a.m.–Noon Attendee Registration

1 p.m.–5 p.m.

Special Topics Saturday

8:30 a.m.–10 a.m.

Plenary Session

9 a.m.–12:15 p.m.

Workshops

1 p.m.–5 p.m.

Attendee and Exhibitor Registration

9 a.m.–2 p.m.

Exhibitor Registration

TBD Facility Tours

10 a.m.–2 p.m.

Jail Expo

1 p.m.–4 p.m.

Workshops

1 p.m.–5 p.m.

Facility Tour Sign-Up Space Limited!

Sunday, April 9, 2017 8 a.m.–9 a.m.

Nondenominational Worship Service 7:30 a.m.–7:30 p.m.

Attendee and Exhibitor Registration 8 a.m.–5 p.m.

Facility Tour Sign-Up Space Limited!

2 p.m.–5:15 p.m.

Workshops TBD Facility Tours 6 p.m.–10 p.m.

Hospitality Events*

Tuesday, April 11, 2017 Criminal Justice Student Day 7:30 a.m.–2 p.m.

Attendee Registration

8 a.m.–3 p.m.

Exhibitor Setup

8 a.m.–10 a.m.

Workshops

8 a.m.–11:15 a.m.

Workshops

TBD Facility Tours

11:30 a.m.–1:15 p.m.

AJA Luncheon & Business Meeting

9 a.m.–2 p.m.

Exhibitor Registration

1:30 p.m.–5 p.m.

Workshops 4 p.m.–5 p.m.

New Attendee Orientation 5:15 p.m.–5:30 p.m.

Jail Expo Ribbon Cutting Ceremony 5:30 p.m.–7 p.m.

Grand Opening of Jail Expo

10 a.m.–2 p.m.

Jail Expo 2 p.m.–5:15 p.m.

Workshops TBD Facility Tours

*These activities may be held at locations outside the Orlando World Center Marriott.

6 p.m.–7 p.m.

Attendee Reception 7 p.m.–10:30 p.m.

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SATURDAY

This year’s Special Topics Saturday at AJA’s 2017 Conference & Jail Expo in Orlando is bigger and better. AJA is proud to provide these complimentary all-day workshops on Saturday, April 8th at the Orlando World Center Marriott. At no additional cost, participants can choose from several timely workshops. Please check the one you would like to attend:

Civilian Personnel: Leaders in the Making

PREA Coordinator Forum This day-long session is open to PREA coordinators. Space is limited.

Presenters include PREA coordinators, faculty of the National PREA Resource Center Auditor Training Program, and USDOJ Senior Attorney on the PREA Workgroup. PREA coordinators have an opportunity to share with their peers and present questions and challenges to the panel.

Please bring a copy of the standards and be prepared with questions.

Don’t miss your chance to spend a day with your colleagues to discuss investigations, leadership, audits, collaboration with outside agencies, staffing, and much more!

Reentry/Reintegration The day costs you nothing! What can your agency gain? Bed Space!

Increased Public Safety! Community Partners! A majority of inmates will return to the community. What are you doing to improve the chance of success? This all-day session is broken into four workshops to give attendees an overview of components of successful reentry and re-integration programs. Partner collaboration, data collection, budget impact, transition to the community, and programming are discussed around this critical component of corrections.

This special session is designed to help support personnel, supervisors, and managers assess their own mindsets and adjust accordingly to the new leadership paradigms. It also equips them with the basic tools, such as planning, organizing, leading, controlling, and communicating.

This workshop is designed to examine and appreciate not only their roles as leaders, but more so the dynamics of teams and the importance of teamwork. Spend the day with our instructors addressing effective communication, coaching and mentoring, team-building, conflict management, and building morale.

Mental Health First Aid: Tools for Use by Staff in a Jail Environment Participants in this workshop learn how to access “free” mental health training that may be available in their jurisdictions. Having a great partnership with behavioral health providers opens the door for an assortment of hands-on training opportunities useful for interaction with those who live with mental illness and are incarcerated. Mental health first aid training is a critical block of instruction that can augment the skills already possessed by custody staff.

Jails: Build, Expand, Design, Refurbish We have designed a workshop that addresses the many facets of any construction process. Whether you are in the predesign or preparation planning stage or have moved into the final design and construction phase, join us for this day-long session. The day begins with an overview of the construction flow chart. This allows to you to choose which of the two different tracks would benefit you and your team for the rest of the day. One set of instructors helps those participants in the beginning stages of planning and the second set of instructors covers the more advanced stages of construction. Hear from your colleagues who have been through all the stages of the jail construction—benefit from their experiences and get the tools to make an action plan for your project.

Name:___________________________________ Title: ____________________________________ Agency:__________________________________ Address: _________________________________ City: ____________________________________ State: ___________________ ZIP: ___________

There is no charge for the Saturday workshops; however, you must register to attend using the form on the right. If you have any questions, please contact Patty Vermillion at 301–790–3930, ext. 302 or pattyv@aja.org.

Phone:___________________________________ E-mail: __________________________________ You may fax this form to 301–790–2941 or register at aja.org.

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W Certification

Operations/Security

• • •

• • • • • • • •

Becoming a Leader: How Earning the CJM Designation Puts You on Top CJO Online Exam Easy as 1, 2, 3 The Trainer Stands Out: The Importance of the CCT Designation

Direct Supervision • • •

Direct Supervision Works in Any Size Jail Keeping the Passion in the Practice Successful Direct Supervision Jails: Building Design or Operating Philosophy?

PREA

Leadership • • • • • • • •

Crisis Leadership Cosponsored by NIC Ethics in Leadership—Those Are Not Just Words!

Four Elements of an Effective “People” Strategy Getting Out of Your Own Way: Taking Your Leadership to the Next Level Hiring and Retaining the Best: Improving the CO Hiring Process How to Effectively Motivate Your Employees for Peak Performance Stephen Covey’s 7 Habits of Highly Effective People: Implementation in a Jail The Leadership Puzzle

Legal/Legislative • • • • • • • • •

An Apple-A-Day Keeps the Lawyers Away From the Hill: AJA Working for You in the Nation’s Capital Human Resources and the Law: Strategies for a Good Relationship Legal Issues Overview: Balancing Risk Management and Your Operations Legal Issues Update Cosponsored by NIC Legislative Agenda of the Commonwealth of Massachusetts Sheriff’s Offices Solitary Confinement Act and the Evolving Changes with ACA Standards Update in Correctional Healthcare Law and Ethics Which Side Are You On? Labor Law

Mental Health/Healthcare • • • • • • • • • • •

Behavioral Managment Unit: Policies, Procedures, Pitfalls Body Cameras in Jail: Are They Worth It? De-Escalation and You Development and Implementation of PMIS for a Jail Environment Emergency Response Team: What Are the Benefits?

Suicides and Critical Incident Staff Debriefings Use-of-Force Investigation and Documentation: Getting Back to Basics Victims Behind Bars: Identify and Address the Sex Trafficking of Women Offenders Cosponsored by NIC

Death by Detoxification Harm Reduction: Strategies for Reducing Negative Outcomes from Drug Use in Jails Hot and Hotter Topics: Staying Current in a Changing Environment Hot Off the Wire: Managing the Mentally Ill in Your Jail Managing the Psychotic Inmate Should I Contract Out Healthcare? And If So, How? Stepping Up So You Don’t Tap Out: Reducing Your Jail’s Mentally Ill Burden Stress Management in a Detention Setting Suicides and Self-Injurious Behavior: Is Your Jail Prepared to Prevent These Critical Incidents?

The Silent Tsunami: Managing Alzheimer’s and Geriatrics in Your Jail Tips, Tricks, and Troubleshooting: Common Pitfalls in Interpreting NCCHC Standards

• • • •

Hot Off the PREA Press! Latest on Compliance Guidance and Audits Hot Off the PREA Press! Standards that Continue to Challenge PREA Coordination with Your Local Rape Crisis Center Utilizing the PREA Assessment Tool to Appropriately Classify Offenders

Programs • • • • • • • •

Inmate Construction Program Inmate Programs in California and Texas: Sharing the Same Challenges Redesign of a Jail’s Programming Secure Tech-Enabled Education: How to Harness the Power of Education Serving Those Who Served: Strategies for Incarcerated Veterans Smart Justice: Leveraging Data to Implement Evidence-Based Decision-Making The JPC Project: Using Progressive Models and Modern Technology to Optimize Jail Operations Using Corrections-Based CIT in the Jail

Special Topics • • • • • • • • •

Are We Making Them Worse? Classifying for Facility Programming Determining and Defending Your “Operational Capacity” Developing Pride, Professionalism, and Passion in an Urban Jail Setting Do You Control It? Staffing, Expenditures, Capital Funding Got Conflict? Starting a Conversation of Cultural Change Gunslingers, Gamblers, and Outlaws: Frontier Kansas Jails Keeping Good Officers Good: Stress Management and Other Tools Life Beyond the Walls of Jail: Building a Working Relationship with Community Services One Is the Loneliest Number

Training Personnel • • • • •

From Classroom to Keyboard: Cutting Costs with a Web-Based Training Program Internet Research Skills for Trainers 2.0 Ready, Set, Action: Using Scenarios to Enhance the Training Experience Speaking for Influence Training’s Responsibility in the Work Culture

Tribal Nations • •

Bureau of Indian Affairs Detention Standards 2010 for Long-Term Detention Developing MOA-MOUs for Healthcare/Programs and Services in Indian Country Jails

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Advance Registration

Block Registrations

To secure the advance conference registration discount, we must receive your registration form and fee postmarked no later than March 10, 2017. Please check if you are attending the AJA Awards Banquet—ticket is included in an all-days registration packet. Please note that payment must accompany the form. Call-in or faxed conference registrations are accepted at AJA headquarters up to 5 p.m. EDT March 10, 2017. Registrations received after the closing date/time are made onsite at the conference for the full conference registration rates.

To obtain a block registration, please contact AJA at 301-790-3930 or visit our website at www.aja.org.

Cancellations/Refunds No refunds are given unless a written request is received on or before March 10, 2017. After this date, 40% of the conference fee can be refunded upon written request; however no refunds are allowed after March 24, 2017.

Guest Registration To qualify for the guest registration fee, the registrant cannot be employed in the field of corrections and must be a spouse/guest of a paying member/nonmember registrant. This registration does not include a ticket to the AJA Awards Banquet.

Non-Exhibiting Companies Companies who wish to attend the workshops and/or the Jail Expo must register as a nonexhibiting company. We hope to see you next year as an AJA exhibitor!

Media/Photography By participating in the AJA Annual Conference & Jail Expo, you give the American Jail Association permission to photograph and/or record you and your voice on still photographs, motion picture film, audiotape and/or videotape, or any digital recording medium and to use this material, in whole or in part, through the media of television, film, internet, multimedia presentation, radio, audiotape, videotape, or in printed form or display form for the promotion of American Jail Association activities. This pertains to all attendees and exhibitors.

Full-Time Student Registration To qualify for the full-time student registration fee, the registrant must be enrolled as a fulltime student in an accredited, degree-granting institution, and cannot be employed full-time in the field of corrections. A copy of student identification is required with the registration form.

This registration does not include a ticket to the AJA Awards Banquet.

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Call AJA at 301–790–3930 or visit our website at www.aja.org.

TIO FORM Please complete the following registration information and return with payment or PO. We cannot process your registration without payment or PO. Please complete: (Payment or PO must accompany form.)

AJA Account Number (if known)

Check # ___________________ Amount $ ______________

First Name

(Payable to the American Jail Association in U.S. funds drawn on a U.S.

Last Name

.

Purchase Order #_________ Amount $ __________ Preferred Name or “Nickname” on First Line of Badge

Am Ex

Discover

MasterCard

VISA

Amount $ ____________________________________________

Title (As you prefer it on your badge.)

Card Number ________________________________________

Agency or Company

Expiration Date _______________ CV #___________________ Address

Name of Cardholder __________________________________ Signature of Cardholder _______________________________

City

State

ZIP+4

Country

Billing Address If Different _____________________________ _____________________________________________________

Best Telephone Number to Reach You

Please check this box if you don’t want to receive exhibitor mailings/e-mails.

Attendee E-mail Address (Required)

I am interested in researching the following Products/Services during the Jail Expo:

This is my first AJA Conference.

Sign me up to become an AJA member! $48

Building/Facilities Special Accommodations (please list):

Business/Financial Services

_________________________________________________

Chemicals/Cleaning Supplies/Laundry

_________________________________________________

Clothing/Textiles Communications Computers/Software/Technology

Corrections Professional (Actively working in a government agency or correctional facility) Registration Type

Education/Training Food Service Management/Equipment

On or Before March 10, 2017

After March 10, 2017

Member-All Days*

$325

$350

Healthcare/Medical

Nonmember-All Days*

$425

$450

Identification/Detection

One Day (please check)

$175

$175

Restraints

Guest†

$125

$125

Student†

$95

$95

Additional AJA Awards Banquet Ticket

$75

$85

Sun

Mon

Tue

Total

Wed

Security/Surveillance Transportation (Select as many as applicable.)

I confirm my attendance at the AJA Awards Banquet.

Total Fees

†

Does not include AJA Awards Banquet Ticket.

Non-Exhibiting Company (Provides products & services to the corrections industry) Conference One Day Pass (please check) Sun

Mon

Furnishings/Equipment

Tue

Member

Non-Member

$650

$698

$435

$465

Total

Wed

Total Fees *Includes AJA Awards Banquet Ticket.

Please send all payments to: American Jail Association PO Box 65048 Baltimore, MD 21264–5048 Website: www.aja.org Phone: 301–790–3930 Fax: 301–790–2941

Orlando World Center Marriott

Fairfield Inn & Suites Orlando Lake Buena Vista

8701 World Center Drive Orlando, Florida Conference Host Hotel

8615 Vineland Avenue Orlando, Florida Overflow Hotel

$189 per night + tax

$139 per night + tax

In 2017, our Host Hotel and Conference Venue are one and the same. We are excited to offer attendees the ease and convenience of a hotel and conference venue in one. In addition, the hotel is a short distance from the most popular theme parks that central Florida has to offer.

A short seven-minute drive from the Orlando World Center Marriott, the Fairfield Inn & Suites is a spectacular housing option for AJA attendees. The bright rooms come with free Wi-Fi, flat-screen TVs, and desks with ergonomic chairs, as well as minifridges, microwaves, and coffeemakers. Family suites are available with bunk beds, based on availability and for an additional fee. Complimentary amenities include hot breakfast, parking, and a shuttle to Disney® theme parks.

There’s also a convenience store, an outdoor pool, and an exercise room, plus laundry facilities.

This impressive resort hotel and convention floor features the utmost in amenities, meeting space, recreation, and dining options. Among the dining options are an acclaimed steakhouse, Japanese steakhouse, an urban Italian offering, coffee shop, and more.

Additional amenities include an outdoor pool, Kid’s Activity Center, nightly Laser Light Show, golf course, fitness center, and spa.

To make reservations, go to http://bit.ly/AJA2017OWCM.

To make reservations, go to http://bit.ly/AJA2017FairfieldInn. Please note that AJA is not providing shuttle transportation from the Fairfield Inn & Suites to the Orlando World Center Marriott.

FOR MORE INFORMATION ON RATES, VISIT www.aja.org.

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Getting There

By Plane The Orlando International Airport (MCO) has nonstop service to approximately 80 domestic destinations and over 30 international destinations on more than 35 scheduled airlines. The hotels are located 20 minutes from the airport via MEARS shuttle for $23 per person (one way) or $37 per person (round trip). A taxi ride is an estimated cost of $55 (one way).

By Train Amtrak’s Silver Service/Palmetto Line offers service from New York and Miami, and numerous cities in between. The train station is a 30-minute drive to the hotels.

By Car Orlando is 2 hours from Tampa, 2 hours from Jacksonville, and 4 hours from Miami.

Discount Transportation AJA has secured multiple discounts for airfare, car rental, and airport shuttle transportation.

For more information, visit www.aja.org.

in the federal courts

Safe Operating Capacity These cases supplement “Determining Safe Operating Capacity” on page 8.

Budd v. Motley, 711 F.3d 840 (7th Cir. 2013). A State inmate filed a § 1983 action alleging that, as a pretrial detainee, he was subjected to unconstitutional crowding conditions of confinement at a county jail, and that the sheriff was deliberately indifferent to his medical needs.

The district court dismissed the complaint and the inmate appealed. The appeals court affirmed in part, vacated in part, and remanded. The appeals court held that the detainee’s allegations were sufficient to state a plausible claim under the Due Process Clause for subjecting him to unconstitutional conditions of confinement. The inmate alleged that he was confined with eight inmates in a portion of the county jail intended for three. (Edgar County Jail, Illinois) E.A.F.F. v. U.S., 955 F.Supp.2d 707 (W.D.Tex. 2013).

Unaccompanied alien minors brought an action against Office of Refugee Resettlement (ORR) officials, alleging they were physically and sexually abused while they were in detention awaiting final adjudication of their immigration status. The officials moved for partial summary judgment. The district court granted the motions.

The court noted that a person detained for deportation is

equivalent to a pretrial detainee, and a pretrial detainee’s constitutional claims are considered under the Due Process Clause.

The court held that the officials could not be held liable for due process violations that occurred when the unaccompanied alien minors were physically and sexually abused as a result of alleged overcrowding at a detention facility, where they were being held while awaiting final adjudication of their immigration status, and where there was no evidence that the officials were responsible for decisions regarding the facility’s capacity. (Nixon facility operated by Away From Home, Inc., Texas) Facey v. Dickhaut, 892 F.Supp.2d 347 (D.Mass. 2012). An inmate at a State correctional institution filed a pro se § 1983 action against the prison and officials alleging his Eighth Amendment right to be free from cruel and unusual punishment was violated when officials knowingly placed him in danger by assigning him to a housing unit where he was violently attacked by members of a rival gang. The defendants moved to dismiss.

The district court granted the motion in part and denied in part. The court held that the complaint stated a claim against the deputy superintendent and an assistant for violation of the Eighth Amendment, by alleging that officials were aware of the feud between two rival prison gangs, that the inmate was a known member of one of the gangs, that despite this

knowledge the officials had assigned the inmate to a section of the prison where a rival gang was housed, and as a result he was violently attacked and sustained permanent injuries.

The court noted that clearly established law provided that the Eighth Amendment was violated if officials disregarded a known, substantial risk to an inmate’s health or safety. (Souza Baranowski Correctional Center, Massachusetts) Holden v. Hirner, 663 F.3d 336 (8th Cir. 2011). An appeals court found no evidence that a pretrial detainee was incarcerated under conditions posing a substantial risk of serious harm.

The detainee had been assaulted by three other inmates in the protective custody pod in which the detainee was imprisoned as a sex offender. The court noted that the pod was designed to provide greater supervision and security for vulnerable inmates who were more likely to be assaulted. (Marion County Jail, Missouri) Keith v. DeKalb County, Georgia, 749 F.3d 1034 (11th Cir. 2014).

The administrator of the estate of a pretrial detainee who was murdered by a fellow inmate in a jail’s mental health unit brought an action against a county, the county sheriff, and correctional officers, alleging under § 1983 that the defendants violated the detainee’s substantive due process rights.

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in the federal courts

The district court denied the sheriff’s motion for summary judgment based on the doctrine of qualified immunity. The sheriff appealed. The appeals court found that the sheriff was entitled to qualified immunity on the §1983 due process claim that he was deliberately indifferent to the safety of the detainee, in failing to segregate mental health inmates with violent histories from those with nonviolent histories and by failing to separate mental health inmates charged with a violent crime from those charged with a nonviolent crime. The court also found that the administrator of the estate of the detainee failed to show that the county sheriff was subjectively aware that the jail’s policy of requiring detention officers to alert mental health staff when relocating mental health inmates to different cells within the same pod was disregarded on a widespread basis, as would have subjected the sheriff to supervisory liability under § 1983.

(DeKalb County Jail, Georgia) Purcell ex rel. Estate of Morgan v. Toombs County, 400 F.3d 1313 (11th Cir. 2005). Officials were not liable for death of inmate who was beaten by three other inmates. The court noted that: (1) the jail’s layout presented some difficulty in the continuous observation of inmates; (2) the jail was not understaffed

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at the time of the attack; and (3) inmates were segregated based on particularized factors, including the kind of crime committed and personal conflicts. (Toombs County Jail, Georgia) Rigano v. County of Sullivan, 486 F.Supp.2d 244 (S.D.N.Y. 2007).

Officials were not liable for beating by fellow inmates. The court noted that pursuant to the jail’s placement procedure, corrections officers asked each inmate a series of questions to assist in placing them, including questions about any enemies the inmate had in the current jail population, and the inmate failed to indicate when asked any reason why he should not be placed in the general jail population. (Sullivan County Jail, New York) Ryan v. Burlington County, 674 F.Supp. 464 (D.N.J. 1987), cert. denied, 109 S.Ct. 1745. Pretrial detainee had a constitutional right to be housed separately from known dangerous convicted inmates who posed a threat to their personal security. Affirmed 860 F.2d 1199.

(Burlington County Jail, New Jersey) Schwartz v. County of Montgomery, 843 F.Supp. 962 (E.D.Pa. 1994) affirmed 37 F.3d. Failing to ensure that the facility’s policies and procedures governing inmate classification and recreation were followed, resulting in

an assault on an inmate, was negligent. (Montgomery County Correctional Facility, Eagleville, Pennsylvania) Smith v. Sangamon County Sheriff’s Dept., 715 F.3d 188 (7th Cir. 2013). A pretrial detainee filed suit under § 1983 against a sheriff’s department to recover for injuries sustained when he was severely beaten by another inmate housed in a maximumsecurity cellblock. The court held that it was unclear that a policy strictly segregating those accused of nonviolent crimes from those accused of violent crimes would do a better job of ensuring inmate safety than the multiple-factor classification system used by the sheriff’s department. The appeals court described the classification practices: “A classification officer interviews each new detainee and reviews a range of information, including the inmate’s age, gender, gang affiliation, medical concerns, current charge, criminal history, behavioral and disciplinary history within the jail, and any holds due to parole violations. Pursuant to standards recommended by the American Correctional Association, the classification policy assigns point values within these categories, with higher point values corresponding to lower security risks.”

(Sangamon County Detention Facility, Illinois)

Thornton v. Jackson, 998 F.Supp.2d 1365 (N.D.Ga. 2014).

Officials were not liable for an assault on inmate by three other inmates. The inmate had claimed that his different color jumpsuit identified him as snitch and as a target for violence. The district court noted that there had been an order requiring the inmate to be kept separate from one other inmate, but did not require protective custody or isolation, and the inmate did not have problems with anybody for seven days.

(Fulton County Jail, Atlanta) Trask v. County of Strafford, 772 F.Supp. 42 (D. N.H. 1991).

Allegation that a classification specialist, who contravened a classification policy when he failed to contact a doctor or nurse after learning of the detainee’s dependency on alcohol, supported a negligence claim. (Strafford County, NH) ď Ž

Rod Miller and Donald J. Walter are editors of two legal publications. Detention and Corrections Caselaw Quarterly presents summaries recent jail and prison decisions and is published with assistance from the American Jail Association.

Each year the quarterlies add more than 300 new cases to the parent publication, the Detention and Corrections Caselaw Catalog, which summarizes more than 9,000 court decisions. For more information about these publications, visit www.correction.org or send an e-mail to rod@correction.org.

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Congratulations Congratulations to AJA’s newest Certified Jail Managers! These individuals have excelled in proficiency and competency as a leader in jail management by demonstrating a high standard of achievement and commitment.

CALIFORNIA Edward Delgado, CJM Riverside County Sheriff’s Office

Jeffrey Warren, CJM Santa Barbara County Sheriff’s Office

KENTUCKY Kevin Johnson, CJM LFUCG—Division of Community Corrections

SOUTH CAROLINA Justin Kitchings, CJM Sheriff Al Cannon Detention Center

Ezzard Luke, CJM Sheriff Al Cannon Detention Center

Why Should a Jail Manager Become Certified?

Certification encourages continuing education and professional growth and indicates to one’s peers that their jail manager has taken the time and effort—beyond job experience—to learn the knowledge necessary to work successfully in the profession of jail management.

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to AJA’s Newest CJMs and CJOs! Congratulations to AJA’s newest Certified Jail Officers! These individuals have exceled in proficiency and competency by demonstrating a high standard of achievement and commitment.

FLORIDA Jacob DiCarlo, CJO

WASHINGTON John Minshall, CJO

Collier County Sheriff’s Office

South Correctional Agency (SCORE)

Alien Paz, CJO

Shane Yoshizawa, CJO

Hillsborough County Sheriff’s Office

South Correctional Agency (SCORE)

How Invested Are You? Invest in your agency staff or you could be losing your most valuable resource.

Let us help.

Certification of your facility and jail officers can:

MAINE Laura Drew, CJO Strafford County Dept. of Corrections

MICHIGAN Chris Banicki, CJO

❱ Increase employee confidence and competency.

Manistee County Sheriff’s Office

VIRGINIA Zachary Marsh, CJO

❱ Decrease turnover.

Farmville Detention Center-ICA

Raven Nickelberry, CJO

❱ Provide job

Riverside Regional Jail Authority

satisfaction.

Allen Roney, CJO Riverside Regional Jail Authority

❱ Reduce liability and

Eric Richardson, CJO Riverside Regional Jail Authority

strengthen your agency’s reputation.

Jarrad Differ, CJO Riverside Regional Jail Authority

Mary Mason, CJO Riverside Regional Jail Authority

Frank Anderson, CJO Riverside Regional Jail Authority

Let’s Get You Started!

To start the process for achieving your certification, visit aja.org or contact Kendra Thompson at 301–790–3930, ext. 301 or send her an e-mail at kendrat@aja.org.

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inside correctional health

Affordable Care Act: Where Are We Now? The Patient Protection and Affordable Care Act (PPACA), or Obamacare, is seven years old and embedded in U.S. healthcare policy. Yet, its value to positively impact the cost and delivery of healthcare remains controversial. It engulfs a complex healthcare system, ruled by competing economic, social, and political factions in its attempt to improve the health status of U.S. citizens. This includes those who have been released from correctional facilities who are likely to have substantial healthcare needs.

The majority of inmates (84% of men; 92% of women) suffer substance abuse disorders, mental health, or chronic physical illness (Mallik-Kane & Visher, 2008). While incarcerated, most receive medical care but lose access to services upon release from correctional facilities. The disruption in access to healthcare services may contribute to a decline in health status, (Mallik-Kane & Visher, 2008) an increased rate of emergency department utilization or hospitalization (Frank, Linder, Becker, Fiellin, & Wang, 2014) and an increased risk of death (Zlodre & Fazel, 2012). However, contact with a primary care provider early after release has been shown to improve the likelihood of continuity of healthcare (Young et al., 2015). The expanded access to healthcare services provided by the PPACA may improve the initiation and continuance of healthcare for those released from correctional

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facilities, which in turn may improve their health outcomes.

The overarching purpose of the PPACA is to improve the quality and reduce the cost of healthcare. This requires a shift in consumer and provider behaviors and a restructuring of healthcare delivery and economics. And the paradigm of illness and injury response changes to one of health promotion. Consumers partner with providers and become stewards of their own health. To promote this transformation in healthcare behaviors and health systems models, the law addresses multiple progressive changes.

Available to More People Most notably, the PPACA makes health insurance available to more people, giving them access to better routine and chronic disease management care and less healthcare cost financial risk. According to a government census (Smith & Medalia, 2015), employer-sponsored insurance plans continue to cover the majority of people (55.4% in 2014). However, that percentage has steadily declined since the recession of the 2000s when many employers either increased the employee share of costs beyond their ability to pay, or eliminated benefits altogether (Planalp, Sonier, & Fried, 2015).

The large number of unemployed were often ineligible for government coverage and too poor to purchase private insurance. By 2010, when the PPACA was enacted, 18.2% of nonelderly were uninsured (Cohen & Martinez, 2010).

To help people without access to employer group insurance, the PPACA introduced virtual insurance marketplaces where major insurance companies sell their products at group rates. Thirteen states, including the District of Columbia, took advantage of Federal grants to establish a State-based marketplace. The other 38 States send their citizens to the Federalfacilitated insurance marketplace. However, access to group insurance rates does not help those who cannot afford to pay.

People living below the poverty level represent the largest sector of the uninsured (Abdus, Mistry, & Selden, 2015; Smith & Medalia, 2015). Many work for low wages, without employer benefits, and cannot afford to purchase insurance or are unemployed. Ex-convicts are at particular risk of unemployment with rates of 92 to 97 percent during the first few months after release (Nally, Lockwood, Ho, & Knutson, 2014). To assist these groups, the PPACA allows States to expand the eligibility requirements for Medicaid (the State-administered Federal insurance for the disabled, very poor elderly, pregnant women, and families with children). The Medicaid expansion allows citizens, including those released from correctional facilities, to qualify for Medicaid solely on income (133% of the Federal poverty line, roughly $32,320 for a family of four in 2016). Thus more poor people will qualify for Medicaid and gain access to regular healthcare services. In

States that adopt the expansion, there is likely to be a reduction of racial/ethnic disparities in access to healthcare because a larger proportion of minorities than whites will benefit from the expanded eligibility rules (Abdus, Mistry, & Selden, 2015).

Some States opted not to institute the Medicaid expansion and instead retain the stricter qualifying rules. A poor person living in those States may also not qualify for health insurance saving programs for plans bought through the marketplace. Therefore the poorest people in some States continue to have limited healthcare options.

Delivering Healthcare Today, more people have insurance. Between 2013 and 2014, the uninsured rate fell by 2.8% to 10.4% due to an increase in both private and government coverage (Smith & Medalia, 2015). In 2014, 55.4% had employment coverage, 14.6% had directly purchased coverage (including through marketplaces) and 36.5% had government plans (Medicare, Medicaid, and military). By September 2015, the uninsured rate was 9.1% (Martinez & Cohen, 2016).

Health insurance, as with most things, costs more every year. Over the last 5 years, the annual family rate has risen approximately 3 to 4.5% each year (Claxton et al., 2014). Rates in the insurance marketplace for 2017 will be substantially higher as subsidy programs in place for the first three years of

the PPACA, expire. A one-time adjustment will bring rates more in line with individually purchased plans. And insurers will adjust rates to account for a higher than expected cost to provide care to those with pre-existing conditions, who they denied to cover before the PPACA. While rates are increasing, a large majority of those who purchase insurance through a marketplace are eligible for substantial tax credits or financial assistance, reducing their actual insurance cost (U.S. Department of Health and Human Services, [HHS] 2016).

A premise of the PPACA is that access to preventive healthcare will reduce illness severity and lesson costs associated with treatment of disease (Maciosek, Coffield, Flottemesch, Edwards, & Solberg, 2010). Accordingly, the law stipulates certain preventive services to be covered at no out-of-pocket cost to the consumer. However, the reduction of healthcare costs by preventive care remains to be seen.

Any lower cost of treatment will have to be analyzed in comparison to the cost of delivering

preventive care. Some suggest more needs to be known about the cost/benefit ratio for care services assumed to have great health benefits (Pauly, Sloan, & Sullivan, 2015). There is also not sufficient evidence to indicate if early access to regular healthcare services will improve recidivism rates for former inmates and thus reduce correctional costs.

The Value-Based Purchasing program, part of the PPACA, is holding hospitals accountable for the quality of delivered care.

Selected standards of care are compared against established benchmarks, to determine how much the hospital will be paid.

Patient satisfaction is one of the quality indicators along with illness or disease specific standards. This pay for quality and not quantity system is another important change brought about by the PPACA. The delivery of care to the millions of newly insured requires utilization of a variety of healthcare providers. There is a growing number of nurse practitioners (17,000 more in 2010–2014) who provide direct

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Online Resources  American Association of Nurse Practitioners NP Fact Sheet www.aanp.org/all-about-nps/np-fact-sheet  Bureau of Labor Statistics, U.S. Department of Labor Health Insurance Costs to Employers and Employees, 1999 to 2009 www.bls.gov/opub/ted/2010/ted_20101101.htm  Kaiser Family Foundation Status of state action on the Medicaid expansion decision. http://kff.org/health-reform/state-indicator/ state-activity-around-expanding-medicaid-under-the-affordable-care-act/  U.S. Centers for Medicare and Medicaid Services Medicaid Expansion and What It Means to You www.healthcare.gov/medicaid-chip/medicaid-expansion-and-you/  U.S. Department of Health and Human Services Healthcare Marketplaces 2016 Open Enrollment Period: January Enrollment Period https://aspe.hhs.gov/sites/default/files/pdf/167981/MarketPlaceEnrollJan2016. pdf  U.S. Department of Health and Human Services Key Features of the Affordable Care Act. 2014 www.hhs.gov/healthcare/facts-and-features/key-features-of-aca/index.html  U.S. Department of Health and Human Services Preventive Services Covered Under the Affordable Care Act www.hhs.gov/healthcare/facts-and-features/fact-sheets/preventive-servicescovered-under-aca/index.html  U.S. Government Accountability Office.

Patient Protection and Affordable Care Act: HHS’s Process for Awarding and Overseeing Exchange and Rate Review Grants to States www.gao.gov/products/GAO-13-543

care either independently or in collaboration with physicians.

Most (73%) specialize in family or adult primary care with extensive education and training to monitor, detect, and treat a wide range illnesses and injuries. With expertise in patient education, they are well poised to care for the growing number of people seeking healthcare services.

Conclusion There is still much to know about how well the PPACA is working. Some argue it will have limited influence to reduce the cost of healthcare (Boddy, Dokko, Nantz, & Schanzenbach, 2015). Others predict the subsidies are unsustainable (Chernew, Sabik, Chandra, & Newhouse, 2010). Some believe the economics of the law stifle a competitive market for healthcare services and insurance (Pope, 2014) while others argue it does not go far enough and universal healthcare coverage is needed (Doherty, 2011). It is clear the debate about the value of the PPACA to control healthcare costs and improve the quality of care is far from over.  References Abdus, S., Mistry, K. B., & Selden, T. M. (2015). Racial and ethnic disparities in services and the Patient Protection and Affordable Care Act. American Journal of Public Health, 105(S5), S668–S675) Boddy, D., Dokko, J., Nantz, G., & Schanzenbach, D. W. (2015, October 6). Six economic facts about health care and health insurance markets after the

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Affordable Care Act. Retrieved from www.hamiltonproject. org/papers/economic_facts_ about_health_care_insurance_ markets_after_aca Chernew, M. E., Sabik, L., Chandra, A., & Newhouse, J. P. (2010).

Ensuring the fiscal sustainability of health care reform. New England Journal of Medicine, 362, 1–3.

Claxton, G., Rae, M., Panchal, N., Damico, A., Bostick, N., Kenward, K., & Whitmore, H. (2014). Employer health benefits: 2014 annual survey.

Retrieved from http://files. kff.org/attachment/2014employer-health-benefits-survey-full-report Cohen, R. A., & Martinez, E. M. (2010, March 1). Health insurance coverage: Early release of estimates from the National Health Interview Survey, January-March 2010.

Retrieved from www.cdc.gov/ nchs/data/nhis/earlyrelease/ insur201009.pdf Doherty, R. (2011). Universal health care coverage in the United States: Is it “Slip Slidin’ Away”?

Annals of Internal Medicine, 154(2), 118–120.

Frank, J. W., Linder, J. A., Becker, W. C., Fiellin, D. A., & Wang, E. A. (2014). Increased hospital and emergency department utilization by individuals with recent criminal justice involvement: Results of a national survey. Journal of General Internal Medicine, 29(9), 1226–1233. http://doi.org/10.1007/ s11606-014-2877-y Maciosek, M. V., Coffield, A. B., Flottemesch, T. J., Edwards, N.M., & Solberg, L. I. (2010).

Greater use of preventive services in U.S. Health care could save lives at little or no cost.

Health Affairs, 29(9), 1656–1660.

Mallik-Kane, K., and Visher, C. A. (2008). Health and prisoner reentry: How physical, mental, and substance abuse conditions shape the process of reintegration. Washington, DC: Urban Institute Justice Policy Center. Retrieved from http://www.lebcounty.org/ LCCJAB/Documents/Articles/ Prison/Substance_Abuse_and_ Prisoner_Reintegration.pdf Martinez, M. E., & Cohen, R. A. Health insurance coverage: Early release of estimates from the National Health Interview Survey, January–June 2015.

Retrieved from www.cdc.gov/ nchs/data/nhis/earlyrelease/ insur201511.pdf Nally, J. M., Lockwood, S., Ho, T., & Knutson, K. (2014). Postrelease recidivism and employment among different types of released offenders: A 5-year follow-up study in the United States. International Journal of Criminal Justice Sciences, 9(1), 16-34.

Pauly, M. V., Sloan, F. A., & Sullivan, S. D. (2016). An economic framework for preventive care advice. Health Affairs, 33(11), 2034–2040.

Planalp, C., Sonier, J., & Fried, B. (2015, January). State-level trends in employer sponsored health insurance. Retrieved from www.rwjf.org/content/dam/farm/reports/ reports/2015/rwjf417677 Pope, C. M. (2014, August 1). How the affordable care act fuels health care market consolidation. Retrieved from www. heritage.org/research/ reports/2014/08/how-theaffordable-care-act-fuels-healthcare-market-consolidation

Smith, J., & Medalia, C. (2015, September). Health Insurance Coverage in the United States: 2014. Retrieved from www.census.gov/content/dam/Census/ library/publications/2015/ demo/p60-253.pdf U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation. (2016). Health plan choice and premiums in the 2017 health insurance marketplace. Retrieved from https://aspe.hhs.gov/sites/ default/files/pdf/212721/2017 MarketplaceLandscapeBrief.pdf Young, J. T., Arnold-Reed, D., Preen, D., Bulsara, M., Lennox, N., & Kinner, S. A. (2015).

Early primary care physician contact and health service utilisation in a large sample of recently released ex-prisoners in Australia: prospective cohort study. BMJ open, 5(6), e008021.

Zlodre, J., & Fazel, S. (2012). Allcause and external mortality in released prisoners: Systematic review and meta-analysis.

American Journal of Public Health, 102(12), e67–e75. doi. org/10.2105/AJPH.2012.300764

Wendy Hansbrough, PhD, RN, is an Assistant Professor of Nursing at California State University San Marcos where she teaches leadership, health policy, and research.

Her research explores the nursepatient relationship and how it affects the quality of patient care. She earned her MSN and PhD degrees at the University of San Diego and her BSN at the University of Northern Colorado.

She can be contacted at whansbro@csusm.edu.

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C ongratulations

to the

OF THE

22nd Graduating Class

National

Jail Leadership Command Academy

F

ounded in 2009, NJLCA prepares and develops leadership skills for the successful transition of senior leadership positions within jails. The only program of its kind in the Nation, the academy covers a wide range of

Correction The incorrect class photo was published in the September/ October 2016 American Jails.

Pictured here is the 22nd Graduating Class of the National Jail Leadership Command Academy.

Congratulations to a job well done!

topics from budgeting and finance to strategically using statistics. Other topics include communications, ethics, collaboration, discipline, and managing change. The academy faculty includes subject matter experts

representing field practitioners and criminal justice academicians. In addition, the graduates earn 80 hours of training credit toward their Certified Jail Manager (CJM) requirements.

AJA sponsors three academies annually at the George J. Beto Criminal Justice Center at Sam Houston State University in Huntsville, Texas. Class size is limited to 36 participants. The tuition fee includes all lodging, meals, training materials, instruction, and ground transportation between Houston airport and the campus.

For more information about the NJLCA initiative, visit www.nationaljailacademy.org.

Scholarships may be available through the Andrew Nunnally/Bob Patterson Scholarship Fund. Contact AJA for details.

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GRADUATES OF CLASS 22 Pictured is the 22nd Graduating Class of the National Jail Leadership Command Academy, faculty, and staff. The session was held June 12–17, 2016.

Jeffrey Armentrout Corporal Larimer County Sheriff’s Office Fort Collins, Colorado Thomas Barnwell Sergeant Kent County Correctional Facility Grand Rapids, Michigan Teechey Blango Lieutenant Burlington County Detention Center Mount Holly, New Jersey Robert Bramblet, CJM Intake Lieutenant Lee County Sheriff’s Office Fort Myers, Florida James Brittain Sergeant Transylvania County Sheriff’s Office Brevard, North Carolina Brenda Cantu Captain Lubbock County Sheriff’s Office Lubbock, Texas Michael Champion Deputy Sergeant Houston County Sheriff’s Office Jail Division Dothan, Alabama Candy Chapman Sergeant Lee County Sheriff’s Office Fort Myers, Florida

Joseph V. Costanzo Sergeant Merrimack County Department of Corrections Boscawen, New Hampshire

Kevin L. Johnson, CJM Internal Affairs Investigator LFUCG Division of Community Corrections Lexington, Kentucky

Andrew Patterson Corporal Transylvania County Sheriff’s Office Brevard, North Carolina

Anthony Eberwine Lieutenant Dona Ana County Detention Center Las Cruces, New Mexico

Jeremy S. Kurtz Sergeant Montgomery County Sheriff’s Office Conroe, Texas

Brian J. Peranteaux Corporal Larimer County Sheriff’s Office Fort Collins, Colorado

Brian P. Hartz Lieutenant St. Mary’s County Sheriff’s Office Leonardtown, Maryland

Tynika Legette Watch Commander Alvin S. Glenn Detention Center Columbia, South Carolina

Brandon Henderson Sergeant Brazos County Sheriff’s Office Bryan, Texas

Christopher Love Lieutenant Madison County Detention Facility Huntsville, Alabama

Joseph Hernandez Lieutenant Dona Ana County Detention Center Las Cruces, New Mexico

LaKeisha Massenburg Lieutenant Riverside Regional Jail North Prince George, Virginia

Rebecca Ann Jackson Deputy Director of Programs Farmville Detention Center Farmville, Virginia

Mark J. North Jail Administrator Gregg County Sheriff’s Office Longview, Texas

Dexter L. Jenkins Detention Captain Fulton County Sheriff’s Office Atlanta, Georgia

Melissa Palelli Quality Assurance Manager Merrimack County Department of Corrections Boscawen, New Hampshire

Dorothy M. Johnson Processing Lieutenant Sheriff Al Cannon Detention Center North Charleston, South Carolina

Mathew Proctor Sergeant McLean County Sheriff’s Department Bloomington, Illinois Michael Rafter Lieutenant/Accredition and Compliance Washington County Detention Center Hagerstown, Maryland Robert N. Repstine Sergeant Butler County Sheriff’s Office El Dorado, Kansas Angela Rice Sergeant Alvin S. Glenn Detention Center Columbia, South Carolina

Brandon Smith Executive Lieutenant Maricopa County Sheriff’s Office Phoenix, Arizona William C. Squires Lieutenant J. Reuben Long Detention Center Conway, South Carolina Klinton Thorne Lieutenant Kent County Correctional Facility Grand Rapids, Michigan Dustan Walls Captain Western Virginia Regional Jail Salem, Virginia Albert D. Warren Lieutenant Navajo County Sheriff’s Office Holbrook, Arizona James W. West, CJO Sergeant Houston County Sheriff’s Office Jail Division Dothan, Alabama

Robert Schlegel, CJM, CCT Captain Broward Sheriff’s Office Fort Lauderdale, Florida

For more information visit nationaljailacademy.org.

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board

items of interest profile

Michael Tolerico, BA, CJM, CPM, Warden, Passaic County Sheriff’s Office, Corrections Services Division, Paterson, New Jersey

Hello, my name is Mike Tolerico. I’ve been with the Passaic County Sheriff’s Office for 23 years, and served as Warden for more than 6 years. I have a bachelor’s degree in public administration, in addition to corrections and police officer certifications. I am a CJM and a NJLCA graduate—Class #2!

• I decided to enter the field of corrections and make it my career because… At the age of 24, with no money for college and bouncing between seasonal jobs, I decided to seek a career in public service that would not only provide employment stability for me and my pregnant wife, but would also give me with a sense of accomplishment and pride.

• The most unusual job I’ve ever had was… When I worked construction in the late 1980s I had to wade through literally hundreds of crack vials and feces while repairing a broken sewer pipe at a high-rise housing complex. It became even more interesting when the residents would throw bottles near us, every time we temporarily shut off the water to make the repair.

• I felt it was important to be a member of AJA and serve on the Board and Commission because… I learned the value and importance of networking and professional development while attending NJLCA. This is also where I

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learned that AJA is the only association focused on jail issues, so I became a member and began to harvest the wealth of jail knowledge from other AJA members.

Several years later, I decided to run for a position on the Board so that I could share my experiences and help my friends and colleagues—just as much as they’ve helped me.

• The hardest thing I’ve ever done is… Aside from the extremes, like dealing with the death of a family member, I would definitely say— public speaking. I am the true definition of an introvert.

ISTJ all the way!

• My favorite way to relax is…

Lounging on a beach! I love to travel and every vacation is definitely at some sort of beach destination.

• My favorite meal is… lasagna. And of course, Italian pastries and cappuccino for dessert.

• One item from my personal “bucket list” is to… scuba dive and snorkel in the South Pacific.

• The three people, living or deceased, I’d invite to dinner are… Robin Williams, Richard Pryor, and George Carlin.

• You’d be surprised to learn that… I actually flew a plane “solo” before I could even drive a car.

• I am most proud of… my daughter, Kellie. She has grown into a beautiful young woman and is focused on becoming a physician’s assistant. She definitely has her mother’s looks, wit, and sense of humor. My wife and I are extremely blessed to have such a great daughter.

• My motto is… What you put in, is what you get out. If you don’t like it, too bad!

• If there is one piece of advice I’d like to give to anyone considering corrections as a career, it would be… Take a tour. As a judge once told me after a tour of our jail, “It’s definitely not as advertised.” Don’t believe the myths about working inside a jail. It really is a challenging, yet rewarding career.

officers and board of directors

President Wayne Dicky, CJM, CCE Jail Administrator Brazos County Office of the Sheriff Bryan, Texas wdicky@brazoscountytx.gov

Secretary Darren Sieger, MS Classification Manager Broward Sheriff’s Office Ft. Lauderdale, Florida darren_sieger@sheriff.org

President-Elect John W. Johnson, Sr., MBA, CJM, CPM Captain Compliance Inspections and Accreditation Bureau Special Services Division Support Services Miami-Dade Corrections and Rehabilitation Department Miami, Florida John.Johnson@miamidade.gov

Treasurer Jeffery L. Newton, CJM Colonel/Superintendent Riverside Regional Jail Authority North Prince George, Virginia jnewton@rrjva.org

1st Vice President Ronaldo D. Myers, MA, CJM, CCT Director of Corrections Alvin S. Glenn Detention Center Columbia, South Carolina MyersR2@rcgov.us 2nd Vice President Elias Diggins, CJM, CCE Divison Chief Denver Sheriff Department Denver, Colorado Elias.Diggins@denvergov.org 3rd Vice President Marsha P. Travis, CJM, CCM Colonel/Director of Standards and Accountability Davidson County Sheriff’s Office Nashville, Tennessee mtravis@dcso.nashville.org

2-Year Term Oscar Aviles, CJM, CCE, CCHP, CPM Assistant County Administrator County of Hudson Jersey City, New Jersey oaviles@hcnj.us

Louis A. Quinones, Jr., MSSL, CJM, CCM, CPM Deputy Chief/Assistant Jail Administrator Bexar County Sheriff’s Office San Antonio, Texas louis.quinones@bexar.org

Cavin Harley, CJM Captain Sheriff Al Cannon Detention Center North Charleston, South Carolina charley@charlestoncounty.org

Michael Tolerico, BA, CJM, CPM Warden Passaic County Sheriff’s Office Corrections Services Division Paterson, New Jersey mtolerico@pcsheriff.org

Immediate Past President Mitch Lucas Assistant Sheriff Charleston County Sheriff’s Office North Charleston, South Carolina mlucas@charlestoncounty.org

Jamey Kessinger, CJM Jail Superintendent McLean County Detention Facility Bloomington, Illinois jamie.kessinger@mclean countyil.gov

1–Year Term Heidi Howe, CJM Captain, Detention Services Washoe County Sheriff’s Office Reno, Nevada hhowe@washoecounty.us

Kimberly Moule, CJM Captain San Joaquin County Sheriff’s Office French Camp, California kmoule@sjgov.org

Amanda Lambert, CJM Major/Director of Support Services Prince William-Manassas Regional Adult Detention Center Manassas, Virginia alambert@pwcgov.org

3-Year Term Eddie K. Lance, CJM Captain/Jail Administrator Transylvania County Sheriff’s Office Brevard, North Carolina elance@tcsonc.org Angelique P. Lochrie, MS, CJM Major/Jail & Court Services Administrator Sumter County Sheriff’s Office Bushnell, Florida alochrie@sumterso.org

Shawn Laughlin, MCJ, CJM Division Commander Broomfield Detention Center Broomfield, Colorado slaughlin@broomfield.org

16 17

Sergeant-at-Arms/ Parliamentarian Darwin Long Facility Administrator Oglala Sioux Tribe Department of Corrections Pine Ridge, South Dakota dlong@ostdps.org Chaplain Rev. Carmen Warner-Robbins Encinitas, California jhnhrbbns@sbcglobal.net Executive Director Robert J. Kasabian, MBA American Jail Association Hagerstown, Maryland robertk@aja.org Legal Counsel Terrence O. Lynch, Esq. Broward Sheriff’s Office Ft. Lauderdale, Florida

Robert Schlegel, CJM, CCT, CIT Captain Paul Rein Detention Facility Broward Sheriff’s Office Pompano Beach, Florida robert_schlegel@sheriff.org

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book review The Life and the Adventures of a Haunted Convict Austin Reed New York: Random House January 2016 352 pages www.penquinrandom house.com

Author’s note: Written by a pre-Civil War inmate, this book tells an extraordinary story within another extraordinary story. All of the research, editing, and publishing that went into producing this book occurred during the 21st century, over a hundred years well after the events took place. I am grateful to the American Jail editors for encouraging writers from the field and for their willingness to consider this piece in particular.

I recently acquired a copy of Austin Reed’s The Life and the Adventures of a Haunted Convict, originally further titled in the handwritten manuscript “or the inmate of a gloomy prison With the mysteries and miseries of the New York House of Refuge and auburn Prison unmasked With the rules and regulations of auburn prison–1840-up to the present time–and–a different modes of punishments.”

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The story in this book recently resurfaced after years in oblivion. This edition contains research that validates its authenticity and a welldeveloped proof draft from the praiseworthy labors of Caleb Smith, David Blight, Robert Stepto and the Beinecke Rare Book Library at Yale University.

Together they produced this manuscript by working with Austin, Reed, an author who died more than 100 years ago. This important remnant, containing evidence of the American prison system’s early footprints, offers readers intriguing lessons.

An audio edition came attached to the book; so instead of reading, I listened to Dominic Hoffman’s sincere reading of the words and information—all of which rang true. I know the tone well. Hearing the words written by an inmate from two centuries ago, I recalled the tones of voices used by my own charges at other State correctional facilities, where I worked as a corrections officer.

Over the past 200 years, American correctional institutions have become less brutal and less overtly scar-producing.

If this observation contains truth, then perhaps improved officer training, regulations, and inspections deserve an acknowledgment. To a limited extent, Austin Reed reports on this trend, especially about the abandonment of flogging at Auburn during successive stretches of time. Still, all inmates find doing time difficult, and those destined to do time generally arrive ill-equipped.

Reed, in the language of his time, presents a resigned, sensitive account of the unbridled severity that a life in prison can involve. His first-person narrative confirms for readers what Zimbardo’s Stanford Prison Experiment later asserted.

Reed, however, experienced the “unbridled severity” on his back and saw it with his own eyes in the 19th century at the New York House of Refuge (the first youth detention center in the United States) and at the Auburn Prison—both hard places. Hopefully, passing time has tempered the thinking of correction reformers.

The book’s title fits its tales of misery. Indeed, Reed’s life became haunted by his collection of errors that mirror those of other convicts. Much woe and many poor choices follow convicts—convicts from Reed’s time and from ours. Reed’s internal monologue, as well as his reports on events and locations, provide readers with an incredibly rich slice-of-time story. Besides constituting a genuine literary relic, this work provides students of human behavior and of the history of sanctions with substantial material for scholarly study.

This inmate’s lament echoes through time so that today’s readers can heed it. Correction reformers must address the contemporary evolution of prison bloat, by reflectively depopulating secure institutions. Reed’s lament becomes society’s lament because the inmate’s lament is about society’s prison experiment, born in the age of Enlightenment. Prisons serve as metaphors for society, providing

us with miniaturized, concentrated versions of how society works.

We cannot measure the toll that restraint and removal from the community takes on the people who become inmates.

Reed convinces readers that detention and incapacitation grinds down inmates. His descriptions of binding, transport, then shackling, before shuffling into court with other clanking convicts, followed by the reverse process on the return to the prison provides readers with an otherwise unknowable view into inmates’ lives.

While working on Mr. Reed’s manuscript, Professor Smith remained outstandingly true to the book’s spirit. The fluidity of the narrative and the dialogue demonstrate the sensitive repairs and restorations of a skilled writer and editor—skills that the original author lacked.

This time capsule comes to us filled with dusted off treasures.

Smith and his collaborators applied loving care to the publication preparations, resulting in an extraordinary attempt to reproduce reality rather than attain a more sterile perfection.

As I listen to the audio version, it reminds me of my own men and women inmates from whom I have heard countless versions of the inmate’s lament.

The enhanced clarity that I hear in the artful cadence of 19th-century speech frames the narrative. These words emanate from a tortured soul.

Fittingly, Mr. Reed was a person of color; contemporary inmates who lament are also disproportionately people of color. The book’s contemporary caretakers point out this parallel in the preface. This book affirms

the universal dynamic between the kept and the keepers. That dynamic survives a delicate balance, generally disadvantaging the inmate. In Reed’s day, one side of the dynamic had to survive a brutal system. In today’s corrections, the dynamic balancing act survives. “ ‘You infernal, hardhearted, brute, black-hearted villain.’

I was silent as the cat[-o-nine tails] dispensed its lashes.”

These vivid words, in convict vernacular, describe a flogging and an inmate’s stoic reaction to such indignities.

How did inmates communicate that which transpired in the shadows behind the walls of an 1800s corrections institution? The residents, in the voice of young Austin Reed, tell a story of poor options, even worse choices, and unaddressed maladies. The document resounds with the universal inmate’s lament. The dregs and the afflicted wards needed help. Thus, people who happened upon them often offered them help. However, society’s representatives walled them away, reasoning that if common citizens could not see these unfortunates, they would not feel obligated to provide more than the minimum measure of care.

Reed and Smith paint a picture, revealing the infamous Auburn State Prison as it existed in 1840. Reed narrates a tour of every corner of the prison, from an artful description of the soldier standing sentry above the façade, to a walking tour of the shops, with a side trip into the infirmary where an inmate lies alone on a gurney, dying. His

narrative continues with details of the prison’s procedures and practices that still serve as a model for modern correctional facilities of today. Hard times and rough usage characterized the lives of inmates. The common use of lashes with the cat-o-nine tails gave way, over time, to the use of the “shower bathe,” a water board type of treatment.

Austin Reed often uses the term “scamp,” sending this reader to Webster’s: “signifying originally one who leaves camp without paying debts. A rascal. An unprincipled rogue.

Sometimes used good-naturedly of one who is mischievous and playful. A vagabond from justice….” He uses arcane language in an argot specific to the subculture of scamps.

Fortunately, Reed’s singsong tale focuses on institution life.

He de-accentuates the criminal activity that triggered officials to incapacitate him. Inmates commonly remain unaware of this cause-and-effect disconnect.

Reed and many of his associates demonstrate cognitive distortion, the bane of convicts throughout the centuries.

Austin Reed urges for temperance throughout the pages.

His knowledge of how alcohol ruins the lives of abusers offers guidance to readers. But his ability to dispense moral advice apparently did not cover his own penchant for thievery, with which he punched his recurring ticket back to Auburn.

Reed’s understanding of spirits corresponds with his attribution of errant behavior to the influence of demons. Crime constitutes a sin, but turning away from God confirms one’s AMERICANJails

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book review permanent downfall, manifested in recidivism or worse.

Contemporary enhancements to the book comprehensively clarify its meaning. The forward, introduction, acknowledgment, appendices, and notes frame the author’s haunting words. The Beinecke Rare Book Library at Yale University deserves commendation. Caleb Smith, David Blight and Robert Stepto have demonstrated faithful and generous qualities, resulting in a work of wonder.

They have taken the original

author’s recovered, hand-written work and turned it into a meaningful volume.

This collaboration across centuries may yet serve the original author’s intent. Reed wrote a cautionary tale meant not just for the unfortunates who fill prisons, but also for the members of society whose policies guarantee that prisons remain full. After attempting a humane experiment in the harsher times following this Nation’s birth, we have orchestrated the extremes of human captivity. 

Chris Menton is a Professor of Criminal Justice at Roger Williams University. Previously, he worked for two decades as an official in the Massachusetts Department of Correction. Assigned to various security levels and specialty facilities as he advanced through the ranks, then moved to staff training.

Since transitioning to academia, he has published a number of research articles and given presentations extensively on criminal justice, public safety, corrections, and higher education. He can be contacted at chrismenton.com pmenton@rwu.edu

President’s Message continued from page

4

extend assignment to restrictive housing after the need has passed. An expression of suicidal ideations should not mean 30 days in a safety cell. Frequent and meaningful reassessments should be conducted by trained staff to use the less restrictive suitable housing.

Disciplinary housing is intended to convey expectations and serve as a disincentive for poor behavior. This is a useful tool in jail management. This type of separation, however, can become a concern for a jail when consecutive disciplinary cases are stacked or when behavior results in a somewhat permanent housing assignment. Disciplinary units cannot be warehouses where an inmate’s unacceptable behavior is accepted as normal or where maintenance issues and sanitation are left unattended. Officers working in the disciplinary housing units should under76

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stand they have an objective of returning the offender to general population, after the discipline has been served, with a better chance of behaving appropriately.

Another form of restrictive housing, administrative segregation, is equally difficult to manage. This housing assignment is often the result of an institutional history of assaultive, predatory, or other unacceptable behavior without being the result of a current disciplinary action or crisis. This assignment usually results in the lengthiest separation from general population. Dealing with these inmates can be frustrating and may lead to generalization about future behavior. It is important to ensure the policy on administrative housing includes a periodic and meaningful review. If we remember that our intent is that everyone should be in the least restrictive housing possible, then these

reviews will undoubtedly result in the identification of some offenders who want to adjust their behavior and move to a less restrictive environment.

In this age of information, public perception sometimes diverges from reality. Scenes from movies or television and media reports can be misleading and powerful. These perceptions can drive public opinion and legislative action.

Well-written policy based on sound principles is critical so we can demonstrate proper performance and quality self-regulation.

Restrictive housing represents one of the most effective and necessary tools for a jail administrator and comes with a responsibility that it be managed effectively and humanly.

WAYNE DICKY, CJM, CCE

President American Jail Association

notes from the field

Bexar County Jail Becomes First Jail in Texas to Certify Thanks to an upgraded testing process, Bexar County has seen a marked increase in the number of inmates who pass the GED® exam.

Under Texas Administrative Code, Title 19, Part 2 mandates that the Texas Education Agency provide all adult Texans the opportunity to obtain literacy skills and an adult basic education. In compliance with this mandate, the Bexar County Sheriff’s Office has been providing adult basic education to all those incarcerated and eligible to participate. What is not mandated by the Texas Administrative Code—but the Bexar County Sheriff’s Office has been providing since 1985— is the opportunity for a candidate to test and attain a GED certificate.

Prior to the implementation of the Bexar County Sheriff’s Pearson VUE® GED Testing Lab, the opportunity to test for the GED had been by collaboration with local education institutions that entered the Bexar County Detention Center to facilitate the GED exam every two months. The jail colla­borated with Alamo Community College District and Northside Independent School District (NISD) to provide the test and test administrators, which resulted in delayed scheduling and the reporting of results for two to four weeks. It also did not contain the college-ready indicators that the new exam provides.

In 2008, the Jobs Council, the American Council on Education, GED Testing

Services, and other stakeholders realized that the rigors of the GED test and curriculum were not meeting the requirements that today’s employers and employees needed. With this, a deep overhaul of the GED test and curriculum was initiated in order to meet and exceed the academic skills the workforce requires. The exam was to align the curriculum with the common core requirements of the educational initiative of the United States, which details what kindergarten–12th grade students should know in English, language arts, and

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notes from the field

mathematics at the end of each grade. In the new test, writing is assessed in all subject areas. There are more written responses, and a rigorous score of above 145 in a 200-score scale is required to both pass the exam and to certify for a high school equivalency. The new GED testing process also takes two to three days for identification, testing, reporting, and awarding the GED certificate—a process that took two to three months with the previous testing. In 2012, the 2014 GED test was approved and was to be implemented in its titled year.

Even though correctional institutions and jails were granted an exemption from taking the newest GED test through the year of 2017 (with an approved waiver application), the Bexar County Jail’s Education Services staff realized the need to provide the inmate population with the latest tools for educational success. They refrained from proceeding with the waiver process and decided to obtain certification of a Pearson VUE GED Testing Lab. 78

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The testing lab would provide the 2014 GED test and GED Ready™ test in its implementation year.

This required collaboration with NISD in making the Bexar County Jail an addendum site and for the San Antonio Independent School District to implement the curriculum and train the GED instructional staff. Pearson VUE certified the computer lab and test administrators, and the Sheriff’s Office provided the staff, resources, and support. In August of 2014, the jail’s authorized Pearson VUE GED Testing Center administered and facilitated its first GED test on computer, and 50 inmates have passed the 2014 GED test since the implementation.

“We’re really proud of our Education Services staff for taking the initiative to complete this difficult challenge,” said Deputy Chief and Assistant Jail Administrator Louis Quinones.

“Because of their hard work, we’re the first jail in Texas to certify its own Pearson VUE

GED Testing Center. Seeing 29 inmates receive their GED certificates this year is rewarding for all of us.”

Highlights of the Bexar County Sheriff’s Detention Center Testing Center include: • On August 1st of 2014, the jail’s authorized Pearson VUE GED Testing Center administered and facilitated its first GED Ready test on computer.

• In August 22nd of 2014, the Testing Center administered and facilitated its first 2014 GED test.

• In October 14th of 2014, the Testing Center had its first GED graduate.

• As of August 2014, Education Services has administered 113 GED Ready tests.

• For Fiscal Year 2014–15, the Testing Center had 21 GED graduates.

• For Fiscal Year 2015–16, the Testing Center achieved 29 GED graduates.

• As of August 2014, Education Services has graduated 50 GED candidates.

ROGER FLORES

Education Services Supervisor Bexar County Adult Detention Center San Antonio, Texas roger.flores@bexar.org NORMA RODRIGUEZ

Social Services Coordinator Bexar County Adult Detention Center San Antonio, Texas norma.rodriguez@bexar.org

AJA Af

Guest Editorial continued from page

5

without regular due process reviews for 20-plus years can cost millions!

Today, our issues reach beyond providing the basics of safety, security, and order without sufficient resources. In fact, every hour these issues become more and more complicated.

The 2016–17 Issues to Watch • Escalation and De-escalation of force: — Restraints (necessity and monitoring policy).

— Differences in pretrial versus sentenced offenders.

• PREA—Do your best to be audited!

— Cross gender searches in smaller jails.

— Action plans with costly renovations in older jails.

• Booking pre-arraigned detainees who have a probability of making bond or bailing out.

• Validation of inmate classification systems.

• Untreated egregious medical care and treatment: — Mental health treatment.

— Americans with disabilities.

• Facility conditions—MRSA and mold, HVAC temperatures.

• Restricted housing (isolation) privileges and reviews: — H.B.4618—Solitary Confinement Study and Reform Act of 2014.

— H.B.3399—Solitary Confinement Study and Reform Act of 2015.

• The Americans with Disabilities Act (accommodations).

• RLUIPA and worship opportunities versus bonfire security concerns.

• The militarization of America’s jails and prisons (“Hat and Bats versus Hugs and Lug”).

• Infrastructure—Can a 30-year-old jail accommodate 2016 special needs offenders?

We all make choices—some intelligent and some dumb. In our wanderings across America—and through more than 200 jails—we witnessed several memorable moments. As you manage the risks in your jail, perhaps a glimpse of what we discovered will assist you in mitigating these risks. Here are some of the “memorable moments” we witnessed:

f i l i at e

Me

m b e r s

Academy of Criminal Justice Sciences Alabama Jail Association American Correctional Association American Correctional Chaplains Association Association of Correctional Food Service Affiliates ATTIC Correctional Services Bill Glass Behind the Walls Colorado Jail Association Community Solutions, Inc. Correction Captains’ Assoc., Inc. Detention Equipment Contractors Association Freedom Forever Ministries Georgia Jail Association Good News Jail & Prison Ministry GreenPrisons.org Imperial County Sheriff’s Association Interstate Commission for Adult Offender Supervision Kentucky Jailers Association Law Enforcement Officers Regional Training Commission Michigan Sheriff’s Coordinating & Training Council Middle Atlantic States Correctional Association National Commission on Correctional Health Care National Correctional Industries Association National Organization of Hispanics in Criminal Justice New Jersey County Jail Wardens Association North Carolina Jail Administrators Association Pikes Peak Community College San Joaquin County Correctional Officers Association Servant’s Oasis South Carolina Jail Administrators’ Association Texas Jail Association Washington State University— Dept. of Criminal Justice Science Wisconsin Jail Association AMERICANJails

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guest editorial

• Chronic crowding conditions.

• Unused stored chemical in non-working solution centers.

• Inmate worker refreshments spilling on unclean floors.

• Uncapped electrical outlets above sprinkler escutcheons.

• Rodent droppings and kitchen refuse swept under refrigeration equipment.

• Cross contamination of water sources used for cooking.

• Lack of reasonable RLUIPA accommodations.

The exposure of an individual and/or an entity to liability has everything to do with both the nature of the allegations made and the actual circumstances behind the claim.

(Health and safety concerns rank number one in protecting the environment for our people and inmates.) The majority of jail lawsuits are based either on negligence, which is governed

by State law, or a claimed violation of one’s constitutionally protected civil rights.

Here are some prospective 42 § USC 1983 thoughts for you: • Liability is imposed for “deliberate indifference” in certain categories of claims such as medical care or conditions of confinement (health and safety). This term can be understood as the con-

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scious or reckless disregard of the consequences of one’s acts or omissions. The standard is more than negligence, but is satisfied by something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result.

• For example, the intentional refusal to respond to an inmate’s complaints has been acknowledged as constituting deliberate indifference.

Gutierrez v. Peters, 111 F.3d 1364, 1366 (7th Cir. Ill. 1997); intentionally delaying medical care for a known injury (i.e., a broken wrist) has been held to constitute deliberate indifference. Farmer v.

Brennan, 511 U.S. 825 (U.S. 1994).

• Corrections officers who act with deliberate indifference to the inmates’ safety violate the Eighth Amendment; however, to be liable for “deliberate indifference” they must know they are creating a substantial risk of bodily harm. For example, if they place an inmate in a cell that has a cobra, but they do not know of the cobra (or even that there is a high probability of a cobra), they are not guilty of deliberate indifference even if they should have known about the risk (that is, even if they were negligent—even grossly negligent or even reckless in the tort sense—in failing to know).

But if they know a cobra is in the cell (or at least that there is a high probability of a cobra) and do nothing,

then that is deliberate indifference. Billman v. Indiana Dep’t of Corrections, 56 F.3d 785, 788 (7th Cir. Ind. 1995).

Put yet another way, deliberate indifference is defined as “a failure to act where prison officials have knowledge of a substantial risk of serious harm to inmate health or safety.” Crayton v.

Quarterman, 2009 U.S. Dist.

LEXIS 103709 (N.D. Tex. Oct. 14, 2009).

The sky is the limit as to what is claimed to be a violation of a constitutional right protected

by Federal law. A quick, nonexhaustive “laundry list” could include the following: • Detainee safety and classification.

• Searches of detainees and visitors.

• Religious practices.

• Diet (religious and medical).

• Access to the courts and legal materials.

• Basic facility sanitation and overall physical environment.

• Exercise and recreation.

• Disciplinary sanctions and due process.

• Detainee disabilities.

• Incoming and outgoing mail.

I am sure you could add to this list based on your own experiences.

As aforementioned, that being said, typical liability claims are based on the following:

2016–2017 Jail Manager Certification Commission (JMCC)

• • • •

Excessive force.

Conditions of confinement.

Failure to protect.

Failure to timely provide necessary medical care.

So we offer you a few strategies to prevent exposing your sheriff’s office or jail to the inherent risks: • Know the law—Keep current.

• Walk freely among your people.

• Be accessible to communicate.

• Set your own agency benchmarks: — Intake screening.

— Classify.

— Direct supervision.

• Audit operations (CQI).

• Innovate—Be a best practice leader!

• Invite stakeholder comments/reviews.

• Train and train some more—Budget for it!

• Consider Narcan™ and Vivitrol® intervention.

• Act, don’t react.

• Do your job!

• Provide reasonable professional person accommodation.

• Monitor vendor contracts and adherence to what you specified!

We applaud the recent training initiative taken

by Connie Lacy and Patty Vermillion to share risk management strategies to the professional men and women in America’s jails. The American Jail Association offers agencies to both co-host and contract technical assistance in this evolving operation area. PETER PERRONCELLO, MS, CJM, CCT, CCHP

Jail Management Consultant Dedham, Massachusetts pperroncello@msn.com

Commission Chair Mark Foxall, Ph.D., CJM Director Douglas County Department of Corrections Omaha, Nebraska mark.foxall@douglascounty-ne.gov

Commissioners Tiffany Mass, CJM Detention Manager Pottawattamie County Sheriff’s Office/Jail Division Council Bluffs, Iowa tmass@pottcosheriff.com

Commission Vice Chair Shane Dotson, CJM Jail Administrator Joplin Police Department Joplin, Missouri sdotson@joplinmo.org

Anthony Yeber, CJM Correctional Lieutenant Miami-Dade Corrections and Rehabilitation Department Miami, Florida mmyeber@miamidade.gov Lisa Peck, CJM Sergeant Mesa County Sheriff’s Department Grand Junction, Colorado lisa.peck@mesacounty.us

2016–2017 Correctional Trainer Certification Commission (CTCC) Co-Chairs Randy Perdue, CCT Director West Virginia Corrections Academy WV Dept. of Military Affairs & Public Safety, Division of Corrections Glenville, West Virginia Randy.J.Perdue@wv.gov

Co-Vice Chairs Spencer Hill, CCT Correctional Program Supervisor West Virginia Corrections Academy Glenville, West Virginia Spencer.W.Hill@wv.gov

Commissioners Stacie Mitchell, CJM, CCT Corrections Lieutenant Salt River DOC Scottsdale, Arizona stacie.mitchell@srpmic-nsn.gov

R. DEE HOBBS, JD

Counsel Hamilton County Sheriff’s Office Chattanooga, Tennessee bell.hobbslaw@gmail.com

AMERICANJails

Lenny O’Keefe, CJM, CJO, CCT Training Coordinator Merrimack County Dept. of Corrections Boscawen, New Hampshire cclinebacker@comcast.net

Erin O’Hearn, CCT Director of Training Academy Massachusetts Department of Youth Services North Grafton, Massachusetts erin.o’hearn@state.ma.us

Desiree Harrington, CCT Sheriff’s Training Specialist II San Bernardino County Sheriff’s Department San Bernardino, California dharrington@sbcsd.org JANUARY | FEBRUARY 2017

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chaplain’s corner

An Available Loving Spirit

Carmen Warner-Robbins

Have you ever played golf? Do you know what the “back 9” is? Well, here is God, firmly planted on the green, ready to swing into action. Sound intriguing? Then this back nine is for you.

firmly planted in your facility.

It is through the word “HELPS” that you can renew your strength, and feel hope and peace as you perform your job and operate your facilities:

In daily prayer with ongoing support and unconditional love, the Abba Father is here for you. And He is also

Encouragement—Your Creator knows your potential and will bless you.

Hope—God has great plans for you.

Love—Your Heavenly Father loves you dearly.

Prayer—Our Lord will answer your prayers according to His will.

Support—Your Higher Power is always by your side.

My conversations with some of you have deeply touched me.

Many of you give, give, give, and yet feel misunderstood by others. You may see yourselves in a way other than the intrinsic worth you truly are as God’s creation. Sometimes you may feel stressed, discouraged, and overwhelmed. It is during these times that a Higher Power wants to shower you with love and reveal your rich worth and value.

Regain Your Focus and Belief The truth is that each one of you already knows at a symptomatic level how to handle stress and discouragement.

However, it is easy to lose your focus and your belief in who you truly are at the heart and soul level. Every one of us needs to be remember: • God’s deep and tender love.

• His belief in you as His child.

• The calling which you have received and answered.

• The recognition that your Creator holds you in the palm of His hand, and will never, ever give up on you and your potential.

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There are multiple techniques for coping with stress, such as meditating; breathing deeply; slowing down; reaching out; decompressing, etc. Although these techniques have value, there are seven simple strategies that can combat stress before you experience it.

Seven Gifts of God’s Blessing 1. First Things First—Start your shift each day with these words: “Almighty Father you have called me to this job. I trust myself in your care to get me through the day.” Remember if you trust in a Higher Power, you will prosper.

2. Listen with Your Heart—Be open to those in your care and with your coworkers.

When given words of gratitude, receive and acknowledge these words in support of your gifts and graces.

3. Believe in the Truth—God has blessed you with many talents and gifts to be used in your job. Know with all your heart that God is saying, “I created you, I believe in you, I am leading you, and I am pleased with you as my child.”

The truth is that each one of you already knows at a symptomatic level how to handle stress and discouragement.

4. Never Give Up—When you are weary and ready to quit, lift your hands into the air and say “Help me, Great Spirit: I need your strength to get through this day.”

5. Seeking a Jolt of Joy— Recall a funny incident and chuckle. Then say these words: “Almighty One, fill me with your joy and celebration.” Remember that the joy of the Lord is my strength.

6. Ask God for A Grateful Heart—Begin each stressful encounter by stating three things for which you are thankful and end with the words “Abba Father, I am grateful that you are going through this time with me, and I trust you at all times.”

7. Count Your Blessings—On a small piece of paper, write these four bullet points: “Almighty Father, • I know you believe in me; • I believe you will never give up on my potential; • I envision you walking along side of me step by step; and • I receive your full and unconditional love.”

In Closing Happy thoughts—Enjoy fully.

Difficult thoughts—Seek help.

Quiet thoughts—Just worship.

Painful thoughts—Trust completely.

Every thought—Give praise.

May our Lord richly bless and encourage you, your colleagues, and your facility.

CARMEN WARNER-ROBBINS, MSN, RN, M.DIV, FAAN

Chaplain American Jail Association

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Quality service for

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Our people, our practices, and our commitment to success through evidence-based medicine make us the ideal partner for your correctional healthcare needs and the ideal choice for a rewarding career in an emerging specialized field.

e t a m In Intake

American Jails The Magazine of the American Jail Association

AMERICAN

THE MAGAZINE OF THE AMERICAN JAIL ASSOCIATION January | February 2017

January | February 2017

PERMIT NO. 30

HAGERSTOWN, MD

PAID

U.S. POSTAGE

NONPROFIT ORG.

36th Annual Conference & Jail Expo Pages 53-60