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Roles and Functions of the Correctional System
2 Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have.
Correctional CareersProbation Officers Parole OfficersJailers or Detention OfficersCorrectional OfficersJuvenile Detention OfficersFederal Correctional Officers 3
Probation Officers Work under county, state, or federal agenciesMake reports to court on offender behaviorConduct pre-trial investigations for the courtMonitor compliance with court-ordered conditions of releaseComplete offender risk assessmentsReport non-compliance to the court 4
Parole OfficersSupervise previously incarcerated offenders in the community Monitor compliance with special conditions of releaseReport non-compliance to the paroling authorityConduct home, work, and officer visits with offenders 5
Parole Officers (continued) District Parole Officers supervise offenders who have been released on parole, or mandatory supervision, to complete their sentences while living in Texas communities.Institutional Parole Officers are physically assigned to TDCJ units. They interview incarcerated offenders at TDCJ Units, federal correctional institutions, contracted facilities, and county jails statewide to prepare Parole Case Summaries. 6
Jailers and Detention Officers Supervise inmates in correctional facilities (generally county or local level)Work with adults or juvenilesFingerprint, photograph, and book offenders upon intakeManage offenders in correctional facilities 7
Average Correctional Salaries Probation: $31,292 – $47,489Parole: $32,459 – $44,709Correctional Officer: $28,241 – $45,579Jailer: $28,24 – $41,383Federal Probation Officer: $21,083 – $112,800 8
Correctional Officer Duties Supervise offendersMaintain the security of the facilityTransport offendersConduct searches of offenders and their propertyRespond to emergenciesRead, review, and properly apply information 9
Prison Administration Correctional OfficerUniformed jail or prison employees whose primary job is the security and movement of inmatesWarden: The chief administrator of a prison 10 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
Your local Bed and Breakfast: We’ll even leave the light on! 11 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
Early Jail Conditions 16 people in a 12 x 12 cell Prisoners provided their own food and medical needs Could buy: alcohol, food, privileges, and cell space Indigents had to work for their keep Men, women, and children were all housed together Sick and healthy housed together No heat, no plumbing, no adequate sleeping or living space Many deaths from sickness and starvation 12 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
Reforms: The Walnut Street Jail 1790 law passed by the Pennsylvania legislatureHumane physical facilitiesAdequate food and water at public expenseSeparation of men, women, and children Prohibited “buying” better treatment Debtors and the mentally ill separated from the criminal populationOrphans were moved to separate buildings 13
Reforms: Prison Life at Walnut Street Prisoners worked, but were paid for laborEarned early release for good behaviorAttempted to rehabilitate prisonersBecame overcrowded Conditions deteriorated and costs skyrocketedPrison failed at rehabilitation 14
Reforms: Eastern State Penitentiary Built in 1892Cost $500,000 to house 250 prisonersMost expensive building in the new worldFirst in the country to have flushing toilets and hot-air heating Designed as a penitentiary, not a jail or prison 15 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
Reforms: Eastern State Penitentiary (continued)Penitentiary – a correctional institution based on the concept that inmates can change their criminality through reflection and penitenceIndividual cells Must become proficient at a skill for use after release 16
Reforms: Eastern State Penitentiary (continued)Expected to read the Bible when not working or exercisingUse of the “silent system”Maximum security, walled, and self-containedCells 12 x 7.5 and had a windowWorking, exercising, eating, and sleeping all performed in the prisoner’s cell 17
Reforms: The Auburn System Built in 1816 – walled, maximum securityCells 7’x 4’, 7’ high, back to back, 5 tiers located in the center of the building inside “cell blocks”Cells poorly lit, no fresh airInmates moved to other locations in the unit for work, exercise, and eating 18 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
Reforms: The Auburn System (continued) The silent system was used, but hard to enforceCorporal punishment used for violationsMarched from place to placeShort haircuts Distinctive uniforms First use of solitary confinementPrison industries (the prison was self-sufficient)The Prototype American Prison 19 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
Reforms: Southern Penal Systems Convict lease system was implemented after the end of slaveryConstruction work, factory work, agricultural workVery poor work and living conditionsWorked 12-15 hours a dayOften lived in cages, and discipline was brutal 20
Reforms: Southern Penal Systems (continued)The origin of “chain gangs”The 1930 Prison Farm System replaced the lease systemInmate labor used to sustain prisons and other profit industriesUsed prisoners as guards and supervisors to cut costs Arkansas and Texas brought about U.S. Supreme Court decisions on the 8 th amendment 21 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
Prison Reforms 1930s laws prohibited the sale of inmate goodsPrisons began supplying products to the government (license plates)Between 1950 and 1966, over 100 riotsIn September 1971, 43 inmates died in the Attica State Prison riotIn February 1980, 36 died in New Mexico riots 22
Prison Reforms (continued) 1980s – the US Supreme Court decided that inmates could sue overLiving conditionsMedical treatmentInmates’ rightsPrison policies 23 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
Jails Jail – a short-term, multipurpose holding facility that serves as a gateway for the criminal justice systemJails holdDefendants awaiting trialDefendants convicted of misdemeanorsThe mentally ill pending movement to a health facility 24
Jails (continued) Jails holdLocal, state, federal, and military prisonersAdults of both gendersJuvenilesConvicted prisoners Absconders WitnessesMost awaiting trial or transport 25 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
Punishment Range for Jail Class C Misdemeanora fine up to $500 (ticket)cannot be arrested speeding or open containerClass B Misdemeanorup to 180 days in jail, and a $2,000 fineClass A Misdemeanor up to 2 years in jail, and a $4,000 fine 26
County Jails Over 3,300 local and county jailsVary in size from less than 50 to more than 7,000Population has more than doubled since 1983Very few municipal jails 27
State Prisons Prisons – correctional institutions for prisoners convicted of feloniesExtended sentencesSeparated inmates by sexArchitecture reflective of gender bias 28 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
Prisons Top 10 Highest Incarceration RatesCalifornia 163,001Texas 157,997 Federal 145,416 Florida 71,319New York 70,198Michigan 47,718Ohio 45,833Illinois 45,281Georgia 44,232 Pennsylvania 36,847 29
Punishment Levels for Prison State Jail Felony (SJF)180 days to 2 years, and a $10,000 fine3rd Degree2-10 years, and a $10,000 fine 2nd Degree 2-20 years, and a $10,000 fine1st Degree2-99 (life), and a $10,000 fineCapitalDeath Life without Parole 30 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
State Prison Security Levels Minimum SecurityHave few physical barriers to escape, and many programs for inmatesMedium SecurityFortress-like, walled, self-contained institutions that offer inmates education, vocation, and rehabilitation 31
State Prison Security Levels (continued)Maximum Securityprisons for inmates at high risk of escape, or who are dangerously violent to other inmates or staff Administrative Segregation solitary confinementinmates are kept in single cells 23 hrs a day. They are allowed a shower and one hour of recreation per day. 32
Private Jails and Prisons For-profit facilities run by private security companiesContracted by counties at lower costLess programsLess training, lower pay, and conditions often below state standardsEscapes and assaults carry smaller penalties 33
Constitutional RightsRetain all the rights of “free” citizens Three government interests, however, justify curtailing offender’s rights:Maintaining internal order and disciplineSecuring the institution against unauthorized access or escapeRehabilitating offenders 34
Habeas CorpusThe primary purpose is to seek release from prison or jail for unlawful confinement Exhaust state judicial remedies before going to federal courtFiled in state or federal courtFiled by one offenderAffects only that offender 35
Section 1983 The purpose is to address prison conditions or obtain monetary damages from prison officialsFiled directly in federal courtAffects all offenders May be filed as class action suit 36
First AmendmentFreedom of ReligionSpeechPressAssemblyPetitioning the government for redress of grievances 37
Fourth Amendment Prohibition against unreasonable searches and seizures 38
Fifth AmendmentThe right to jury for capital crimes Protects against double jeopardyThe right against self-incriminationProhibits taking life, liberty, or property without due processProtects against taking private property without just compensation 39
Sixth Amendment The right to a public and speedy trialImpartial juryInformed of the nature and cause of accusationsConfront witnessesCompulsory process for obtaining witnessesRight to an attorney 40
Eighth Amendment Prohibits excessive bailProtects against cruel and unusual punishment 41 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.
Fourteenth AmendmentThe right to the privileges and immunities of citizens The right to due processThe right to equal protection under the law 42
Case Law Impingment on an offender’s constitutional rights is valid if it is reasonably related to legitimate penological interestsTurner v. Safely, 482 U.S. 78 (1987) 43
Resources 020547893X, Fagin, James. Criminal Justice: Prentice Hall, 2007.1593455747, del Carmen, Rolando v. Susan E. Ritter, Betsy A. Witt.Briefs of Leading Cases in Corrections: Anderson, 2008. 0314264159, O’Brien, Edward; Fisher, Margaret; Austern, David T. Practical Law for Jail and Prison Personnel: West Group, 1987.Civil Liabilities and Other Legal Issues: http://nicic.gov/pubs/2001/017068.pdf http://www.bls.gov/oco/ocos156.htmDo an Internet search for the following:Findlaw Turner SafelySupreme justia Turner Safely 44