STATE-LOCAL RELATIONS AND THE AMERICAN JAIL CRISIS: AN ASSESSMENT OF STATE JAIL MANDATES

Years of neglect, combined with the recent development of a “hands on” judicial policy have resulted in a jail crisis in America. States, recognizing their contribution to this situation, have begun to develop policies designed to assist local jail officials in operating safe, humane, and constitutional facilities. These state efforts are a form o f mandating, and primarily concern minimum operating standards and inspections programs. In this research we investigate three questions related to state mandating of local jail operations: (1) what is the extent of state involvement, (2) what factors are associated with state involvement, and (3) what is the impact of state involvement? Our findings indicate (1) states have been active in developing and administering jail mandates, (2) state involvement is associated with state-level corrections policy, and (3) jail standards and inspections programs have a substantial impact on local jail performance. We conclude with a discussion of how state and local governments may proceed in the process of developing standards, inspections, and enforcement procedures.     

THE IMPACT OF STATE STANDARDS AND ENFORCEMENT PROCEDURES ON LOCAL JAIL PERFORMANCE

One of the recent trends in the field of criminal justice has been the development of state jail standards. The nature of local politics has meant that jails have been among the most poorly funded and operated governmental institutions. The result of decades of neglect is a fertile ground for inmate litigation. The interest shown by the courts, in a variety of operational and procedural areas, has been a key factor in leading many states to assume a greater role in local jail oversight. This article examines some of the problems facing jails and describes state efforts to address these problems through state-level jail standards and enforcement procedures.     

Budget makers as agents: A preliminar investigation of discretionary behavior under state-contingent rewards

An earlier version of this essay was delivered at the Public Choice Society Meeting, Tucson AZ, 27–29 March 1987. Our thanks to Laura Langbein, Steve Maser, Eugenia Froedge-Toma, and Gordon Tullock for helpful comments. Special thanks to George Racette.