HIV-infected prisoners: what mental health services are constitutionally mandated?

State and federal correctional facilities currently have approximately 23,000 inmates who are infected with human immunodeficiency virus (HIV). These inmates suffer from the same mental health disorders as uninfected inmates but are additionally subject to mental health problems uniquely related to their HIV infection. Many prison systems are struggling to provide minimal mental health care to uninfected inmates. How will prisoners address the additional mental health needs of the staggering number of inmates being diagnosed with AIDS and HIV? This article describes the type of mental health services that are constitutionally mandated and discusses whether and how prisons will have to respond to the distinct mental health issues related to HIV infection.     

Correctional Service Canada to undertake Safer Tattooing Practices Initiative

In 1994, the Expert Committee on AIDS and Prisons recommended that tattooing equipment and supplies be authorized for use in federal correctional institutions, and that prisoners who would offer tattooing services to other prisoners be instructed on how to use tattooing equipment safely. Ten years later, Correctional Service Canada (CSC) has finally announced that, as part of a Safer Tattooing Practices Initiative, it will set up safer tattooing pilot projects in six federal prisons in 2004, and evaluate the initiative.     

Is tougher better? The impact of physical prison conditions on inmate violence

Physical conditions of prisons have been at the center of long-standing debates in correctional policy and research. Many argue prisons should be unpleasant to deter future offending and motivate prosocial change among inmates. Others believe harsh conditions inhibit effective treatment and, perhaps, make offenders worse. Little progress in these debates has emerged, primarily because few studies exist that have tested propositions coming from either camp. This study draws on survey data collected from a random sample of staff at each of the 114 federal prisons operating in 2007. Staff perceptions of noise, clutter, dilapidation, and privacy were combined to reflect physical conditions of each prison (aggregated to the prison level). Operational data measuring serious violence was used to create a count of serious assaults at each prison over the same time period referenced in the staff survey. Utilizing a Poisson framework, the data showed that poor physical conditions of prisons correspond to significantly higher rates of serious violence. Implications for theory and policy are discussed.     

Penal austerity: Perceived utility, desert, and public attitudes toward prison amenities

Several states have reduced or eliminated a variety of amenities for prisoners. It is unclear, however, whether the general public supports making prisons harsher and more austere. Using a sample of 200 citizens from central Florida, the present study finds less support for prison austerity than commonly assumed. In addition, these preferences are linked to particular correctional goals, especially concerns about utility and desert.     

THE EXERCISE OF POWER IN COERCIVE ORGANIZATIONS: A STUDY OF PRISON GUARDS*

If the power of prison guards has been altered and reduced by recent social, legal, and bureaucratic instructions in American prisons, as has been reported by many observers, then what is the base of power by which guards currently exert control over prisoners? Following a discussion of the bases of power in prison, data from a survey of guards in five prisons are examined to determine the extent to which each power base is viewed as a resource to gain prisoner compliance. The results are discussed in terms of the guards’exercise of control within the increasingly bureaucratic structure of coercive organizations.     

Prisoners’ perceptions of correctional officers’ behavior in English and Dutch prisons

Purpose

In light of the mounting research on the “new punitiveness”, an important but largely unanswered question is the extent to which a country's penal policies and punitive sentiments are actually reflected in prisoners’ experiences. The aim of the current study is to examine how prisoners perceive correctional officers’ behavior in English and in Dutch prisons.

Methods

A cross-sectional design was used, in which we conducted semi-structured interviews with 25 Dutch prisoners incarcerated in England and 25 English prisoners incarcerated in the Netherlands. The interview schedule covered a number of topics addressing divergent aspects of life in prison, including staff-prisoner relationships.

Results

In English prisons, despite the ostensible efforts to improve prison life, the attitude is more confrontational, staff-prisoner relationships are more detached, and staff members seem more unresponsive and more inclined to punish. In Dutch prisons, where responsibilization and a market orientation have supposedly replaced rehabilitation, staff is perceived as more helpful and fair, and interactions with Dutch staff are more informal and less authoritarian.

Conclusions

These findings suggest that penal policy and increasingly punitive sentiments in society are not necessarily mirrored in the practice of prisons, and concomitantly, in prisoners’ perceptions of correctional officers’ behavior.     

Controlling Consensual Sex Among Prisoners

Despite recent legal advances for LGBT citizens, including the Supreme Court's recognition of a constitutional right to engage in private, consensual, same‐sex sex, prisons continue to regulate sex in much the same way they have been doing since the nineteenth century. Nationwide, prisons bar consensual sex among prisoners, and those who violate this policy face severe punishment, including administrative segregation. Interviews with prison officials from twenty‐three states uncover beliefs linking consensual sex with violence that places the overall security of the prison at risk. While supporting LGBT rights and the decriminalization of same‐sex sex in society, officials insist that prisons are not suited for similar change. This article explains why prison officials have been so committed to this policy and argues that the time has come to reconsider prison regulation of consensual sex.     

People matter more than numbers: organized efforts against prison privatization in Florida

As the American prison population increased, so did the correctional labor force. Correctional officers in the United States have gained increased professionalism and strong representation since the 1980s. Meanwhile, many states have pushed to privatize state-run prisons in order to dampen correctional spending. Although a substantial amount of research has been conducted on the comparison of costs and qualities of confinement in public and private prisons, correctional officer labor has so far not been examined. In Florida, Senate Bill 2038, proposing the single largest expansion of prison privatization in US history, was defeated in February 2012 in the state Senate mainly as a result of lobbying by state correctional workers. By investigating the question of correctional labor from a critical perspective and by comparing salary levels, work benefits, training, and education opportunities in public and private prisons in Florida, the professionalism of correctional officers in state-run prisons vs. the working conditions their counterparts face in private facilities is contrasted. The findings suggest that adverse working conditions for correctional officers in private prisons may negatively impact correctional costs and efficiency in the longer term.     

Overview of Language Rights in the International Criminal Law Sentencing Models

This paper examines the ‘deep-end’ of the international justice process—the incarceration of persons convicted in specially constituted international criminal tribunals and courts for gross violations of human rights, genocide, crimes against humanity and war crimes with a focus on language rights of such prisoners who are commonly serving sentences in foreign prisons. The punishment phase of the international justice process and its effects are not easily quantifiable and have been largely hidden from view. Although international criminal law asserts that equal treatment before the law requires that there be no significant disparity in punishment regimes from one sentence-enforcing country to another, comparative penology shows that there are considerable differences in the conditions of confinement and the nature of correctional services in the prison systems of different countries. This has a direct impact on post-sentence procedural and rehabilitation rights of which language rights from a key part. In this specific context, and drawing from existing literature, the paper therefore examines the extent to which enforcement practice conforms to the ideal of equal treatment espoused by the tribunals.     

Here today, gone tomorrow, back again the next day: Antecedents of correctional absenteeism

Correctional agencies are labor intensive, and many of the posts in a prison cannot be vacated, often leading to mandatory overtime. Despite the high costs and inconvenience associated with absenteeism in prisons, little empirical work was conducted on the antecedents of sick leave use by correctional workers. From self-reported data of workers in federal prisons in 1994, the results of this study indicated that decisions to use sick leave were independent of the culture of the prisons, and that many of the variables found to be associated with sick leave use in other settings also applied to correctional settings. In particular, the authors found that job satisfaction, organizational commitment, job stress, and personal characteristics were associated with the use of sick leave. Surprisingly, tobacco use was not.     

L'impact du discours des droits des détenus et des normes d'équité sur le tribunal disciplinaire carcéral

Over the past two decades, the prisoners rights movement and active judicial intervention in prison law have widely expanded in Canada. This movement has had a significant impact on the emergence of new norms of correctional justice. The recentCorrections and Conditional Release Act, (November 1992), inserts notions of human dignity; due process of law; and to a certain extent, the fundamental rights of prisoners. The aim of this essay is to measure the impact of prisoners rights discourse, and the legal obligation to act fairly towards prisoners, on the practices and quality of disciplinary decisions. Based on observations made at disciplinary hearings in various penitentiaries and interview data derived from the main actors, the author assesses how the ‘judiciarization’ of social relations and the ‘legalization’ of discipline in the prison have contributed to the birth of a more humanized prison and the promotion of human dignity for those people who are incarcerated.      

The Rogue from Within: The Denial of Torture in Italian Prisons

In October 2009, Stefano Cucchi was beaten to death by prison guards while in custody. Italian public opinion toward prisons changed because of this event. Civil society organizations rose the level of awareness by showing how routine these abuses have become. This paper discusses the case of prisoners tortured in the prison of Asti, near Turin. Through the use of Stanley Cohen’s categories of denial, it will be shown how force relations inside prison make abuses possible.     

Gang activity in English prisons: The prisoners’ perspective

Abstract

Gang activity in American prisons has resulted in serious problems for prisoners and staff. This study assessed prisoners’ perceptions of gang-event frequency in the UK. Interviews with 360 prisoners from nine prisons in England and Wales indicated gang-related events were perceived as more frequent in all male categories of prison than they were in female institutions. Prisoners reported drug possession and prisoner groups being formed along regional origins as the most frequent gang-related activities. Recidivists perceived higher levels of gang-related activity than did first-time prisoners. Gang-related variables also predicted prisoners’ perceptions that groups of prisoners have more control over events in the prison than do staff and that order in the prison may not be maintained. The merits of interviewing prisoners and the implications of the results for maintaining order in prison are discussed.     

US Judge: inadequate medical care for HIV-positive prisoners is a violation of rights

A federal judge in the United States has determined that Alabama prison officials violated HIV-positive prisoners' constitutional rights and that poor medical care caused HIV-positive prisoners to die early.     

‘Social Services will not touch us with a barge pole’: social care provision for older prisoners

Older prisoners are the fastest growing subgroup in the English and Welsh prison estate. Older prisoners have high levels of health and social care needs. This mixed-method study involved the distribution of a questionnaire examining the availability of health and social care services for older prisoners to all prisons housing adult males in England and Wales, followed by qualitative telephone interviews with representatives from eight prisons. Over half of establishments had some contact with external social care services, but reported significant difficulties in arranging the care for individuals. A professional lead for older prisoners had been identified in 81% of establishments; however, the value of this role to positively affect practice appeared questionable. Statutory social care was often non-existent in prison due to the lack of understanding of what it constituted and who was responsible for its provision.     

Prison size,overcrowding, prison violence,and recidivism

Contrary to a widespread belief about the undesirability of relatively large prisons, a review of the criminological literature yields no empirical evidence that prison size influences behavior inside or after leaving prison. The English prison statistics show that prison offenses, and more specifically assaults, are less likely in larger prisons. However, it was impossible in these analyses to control for the kinds of inmates in each prison. In a more controlled analysis of correctional effectiveness (defined as the difference between predicted and actual reconviction rates), there was a strong tendency for the more overcrowded prisons to be less effective. Size was only weakly related to effectiveness, and this association was reduced further after controlling for overcrowding. It was concluded that an important priority for governmental agencies should be to reduce overcrowding in prisons.     

Facing drug problems and advancing sentence plan. Prisoners’ perspectives on drug treatment programmes in Finland

ABSTRACT

In Nordic countries, the rapid development of various prison-based drug treatment (PDT) programmes emerged in the mid-1990s, and this development can be viewed as a criminological shift towards a “new form” of penal welfarism combining control and rehabilitation in a revised form in a new era. This article examines PDT programmes from the prisoners’ perspective to analyse their motives to participate, experiences, and relationships with counsellors, guards, and prisoners. Data were collected from interviews of the prisoners and observations in three Finnish prisons. Both the motives connected to handling drug problems and those connected to gaining an advantage for the duration of time spent in prison were experienced simultaneously by participants. Prisoners made a clear distinction between guards and drug counsellors and were somewhat confused by staff roles that combined both rehabilitative and control features. These findings suggest that new hybrid roles already found among correctional staff seem to exist also for prisoners.     

Penal harm medicine: state tort remedies for delaying and denying health care to prisoners

In prison and jail subcultures, custodial personnel are committed to the penal harm movement, which seeks to inflict pain on prisoners. Conversely, correctional medical personnel are sworn to the Hippocratic Oath and are committed to alleviating prisoners' suffering. The Hippocratic Oath is violated when correctional medical workers adopt penal harm mandates and inflict pain on prisoners. By analyzing lawsuits filed by prisoners under state tort law, this article shows how the penal harm movement co-opts some correctional medical employees into abandoning their treatment and healing mission, thus causing denial or delay of medical treatment to prisoners. This revised version was published online in July 2006 with corrections to the Cover Date.     

A Tale of Two Laws: The U.S. Congress Confronts Habeas Corpus Petitions and Section 1983 Lawsuits

Actions by state prisoners have comprised a large and growing body of litigation in the U.S. federal courts over the past thirty years. State prisoners can challenge the validity of their state trial court convictions (habeas corpus petitions) and the constitutionality of the conditions of their confinement to state prisons and jails (Section 1983 lawsuits). Currently, one out of every five civil cases filed in the federal system is brought by a jail or prison inmate. When in the past did these cases begin to arise? What is the present trend? What does the future hold concerning the number of cases likely to be filed? These questions are at the heart of the current research. Care is needed in addressing these queries because it is neither easy nor obvious to know what propels the volume of litigation. Moreover, the future is especially difficult to predict in light of recent legislation adopted by the United States Congress to limit the number of habeas corpus petitions and the number of Section 1983 lawsuits filed each year. The unique contribution of the current research is threefold. First, an improved methodology is used to describe past patterns and to forecast future trends. Simply stated, prisoner litigation is hypothesized to be related to the number of prisoners. As the number of prisoners increases, the volume of litigation increases proportionately. What is not obvious about this relationship is that it has persisted over the past decades despite substantial changes in legal doctrines designed to affect the filing of the litigation. Second, the effects of two major congressional actions passed in 1996 to limit prisoner litigation are examined and assessed for their success in achieving their intended objectives. The first of these, the Antiterrorism and Effective Death Penalty Act, which sought to restrict habeas corpus petitions, is judged to have virtually no impact. The second piece of legislation, the Prisoner Litigation Reform Act, which sought to curtail lawsuits against correctional officials, appears to have lowered the volume of litigation in the short‐term, but has not disrupted the underlying link between the number of prisoners and the number of lawsuits. Finally, estimates are made of the future volume of litigation and the corresponding number of federal judges needed to resolve prisoner litigation. These estimates have the advantage of being based on significant statistical relationships and accounting for the effects of recent congressional action.     

Relationships and sexuality of imprisoned men in the German penal system--a survey of inmates in a Berlin prison

The lack of concrete scientific data on the sexual behavior of inmates in German prisons is surprising, especially given the extant international scholarship on prison culture and sexual violence. Historically, the most influential publications were Clemmer's "The Prison Community", and Sykes's "The Society of Captives", which both addressed the importance of sexual deprivation and analyzed the impact of sexual victimization on prisoners. Different forms of homosexual contact between inmates include prostitution and "protective pairing", both characterized as "dark" issues--nonconsensual sexual acts--which still have not been scientifically researched. The United States enacted the Prison Rape Elimination Act, 2003, revealing nationwide data on the prevalence of sexual assault within correctional facilities. Prison inmates suffer not only from separation from their spouses or partners, but also from sexual harassment, extortion, and the threat of rape, which has multiple implications for their mental and physical health. This article presents the first German study to record data about the relationships and sexuality of imprisoned men, and was conducted in an adult correctional facility for long-term prisoners in Berlin-Tegel. The survey, which is based on results from a questionnaire taken by voluntary study participants, had a special focus on the occurrence of consensual homoerotic contacts between heterosexual inmates. The emphasis was on the potential impact of such contact on role behavior during confinement, as well as the impact on sexual identity after release. The survey revealed the first data on the incidence and prevalence of sexual violence and coercion within correctional facilities. This article presents the results of this survey for the first time.