Corrections_Today_March_April_2023_Vol.85_No.2

PERSONAL RESILIENCE p. 22

Corrections March/April 2023

Today

THE AMERICAN CORRECTIONAL ASSOCIATION WELCOMES

DENISE M. ROBINSON, ACA’S 108 TH PRESIDENT! p. 8

NEWS&VIEWS AND MORE

How can science advance the field of corrections ?

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We want to expand knowledge on: 4 Safety, Health, and Wellness 4 Correctional Facilities 4 Reentry Technology Programming 4 First Step Act Implementation 4 Addressing Trauma 4 Data-Driven Approaches to Juvenile Corrections

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American Correctional Association Corrections Today March/April 2023 Vol. 85, No. 2

Features 30

The importance of optimal addiction treatment in correctional facilities By Earl Warren

22 Personal resilience

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Techniques to scope out a resilient future through what we do and how we think By John A. Shuford

Doing time for a parent’s crime When the children of incarcerated parents become the collateral consequences in arrest and sentencing By Kimberly Collica-Cox, Ph.D.

2 — March/April 2023 Corrections Today

CHAPTERS AND AFFILIATES

Alabama Council on Crime and Delinquency—Albany Criminal Justice Association—Alston Wilkes Society—American Catholic Correctional Ministries—American Correctional Health Services Association—American Institute of Architects—American Jail Association—American Probation and Parole Association—Appalachian State University Student Chapter—Arizona Probation, Parole and Corrections Association—Arizona State University ACA Student Chapter—Association for Correctional Research and Information Management—Association of Correctional Food Service Affiliates— Association of Paroling Authorities International—Association of State Correctional Administrators—Association of Programs for Female Offenders—Association of Women Executives in Corrections—Bellmont High School Student Chapter—Brown Mackie College ACA Student Chapter—California Probation, Parole and Correctional Association— Caribbean Correctional Association—Champlain Valley Educational Services—Clayton State University Justice Society—Colorado Criminal Justice Association—Columbia-Greene Community College—Criminal Justice Club Student Chapter—Concordia University Sociology of Law & Justice Club—Connecticut Criminal Justice Association—Correctional Accreditation Managers Association—Correctional Association of Massachusetts—Correctional Education Association—Correctional Healthcare Providers of the United States—Council of Juvenile Correctional Administrators—District of Columbia Criminal Justice Association—Eastern Kentucky University Corrections and Juvenile Justice Student Association—Family and Corrections Network—Florida Council on Crime and Delinquency—Harrison College Criminal Justice Association Student Chapter—Hawaii Criminal Justice Association—Historical Association for Corrections—Illinois Correctional Association—Indiana Criminal Justice Association—Integrated Correctional Association of the Philippines (ICAP) Inc.—International Association for Correctional and Forensic Psychology—International Association of Correctional Training Personnel—International Correctional Arts Network—International Corrections and Prisons Association—International Community Corrections Association—Iowa Corrections Association—Jamaica Federation of Corrections—ITT Technical Institute ACA Student Chapter—Ivy Tech Community College Terre Haute Branch ACA Student Chapter—Juvenile Justice Trainers Association—Kansas Correctional Association—Kentucky Council on

Crime and Delinquency Inc.—Louisiana Correctional Association—Martin University Student Chapter—Maryland Criminal Justice Association— Michigan Corrections Association—Middle Atlantic States Correctional Association—Minnesota Corrections Association—Missouri Corrections Association—Missouri Western University Student Chapter—Moraine Park Technical College Corrections Club—National Association of Blacks in Criminal Justice—National Association of Correctional Record Administrators and Supervisors—National Association of Juvenile Correctional Agencies— National Association of Probation Executives—National Association of Adult and Juvenile State Corrections Mental Health Directors—National Correctional Industries Association Inc.—National Council on Crime and Delinquency—National Council of Juvenile Correctional Administrators— National Juvenile Detention Association—National Major Gang Task Force—National Organization of Hispanics in Criminal Justice—National Partnership for Juvenile Services—Nebraska Correctional Association— Nevada Corrections Association—New Jersey Chapter Association—New Mexico Criminal Justice Association—New York Corrections and Youth Services Association—North American Association of Wardens and Superintendents—North Carolina Correctional Association—Northern Illinois University Academic Justice Association—Ohio Correctional and Court Services Association—Oklahoma Correctional Association— Oregon Criminal Justice Association—Parole and Probation Compact Administrators Association—Pennsylvania Association of Probation, Parole and Corrections—Pierce College Criminal Justice Club—Prison Fellowship—Puerto Rico Department of Corrections and Rehabilitation Association—Richmond Community College Student Chapter—St. Augustine’s College ACA Student Chapter—Salvation Army—South Carolina Correctional Association—Southern States Correctional Association—State University of New York–Albany—Tennessee Corrections Association— Texas Corrections Association—University of Central Missouri Student Chapter—University of Illinois/Chicago Criminal Justice Society—Utah Correctional Association—Virginia Correctional Association—Volunteers of America Inc.—Washburn University ACA Student Chapter—Washington Correctional Association—Western Illinois University Corrections Club— Western Correctional Association—Westwood College Angels—Wisconsin Correctional Association—WITC New Richmond Criminal Justice Club— Wyoming Correctional Association

OFFICERS PRESIDENT

Denise M. Robinson, Ohio IMMEDIATE PAST PRESIDENT Tony C. Parker, Tennessee VICE PRESIDENT Tyrone Oliver, Georgia PRESIDENT-ELECT Ricky D. Dixon, Florida TREASURER Harbans S. Deol, Ph.D., Nebraska BOARD OF GOVERNORS REPRESENTATIVES EDITORIAL STAFF EDITOR-IN-CHIEF James A. Gondles Jr., CAE MANAGING EDITOR Kirk Raymond GRAPHICS AND PRODUCTION STAFF GRAPHIC DESIGNER Carla DeCarlo COMMUNICATIONS SPECIALIST Mary Seidel ADVERTISING AND MARKETING STAFF DIRECTOR, CONVENTIONS, ADVERTISING AND CORPORATE RELATIONS Kelli McAfee PRODUCTION COORDINATOR Mary Misisco SECRETARY James A. Gondles Jr., CAE, Virginia

ARTICLE AND PHOTO SUBMISSIONS: Managing Editor, 206 N. Washington St., Suite 200, Alexandria, VA 22314; email submissions@aca.org. Articles must be in Microsoft Word. Please include all contact information. Unless expressly requested in writing, all photos and artwork submitted become the property of ACA and may be used in future ACA publications. Articles and photos will not be returned unless expressly requested by author.

CONNECT WITH US ONLINE

ACA EXECUTIVE OFFICE AND DIRECTORS EXECUTIVE DIRECTOR James A. Gondles Jr., CAE Robert L. Green — Executive Director Designee DEPUTY EXECUTIVE DIRECTOR Jeffrey Washington SENIOR EXECUTIVE ASSISTANT India Vargas CONVENTIONS, ADVERTISING AND CORPORATE RELATIONS DIRECTOR Kelli McAfee FINANCIAL SERVICES AND HUMAN RESOURCES DIRECTOR William Lake MEMBERSHIP AND CUSTOMER SERVICE DIRECTOR Roberta Gibson COMMUNICATIONS AND PUBLICATIONS DIRECTOR Kirk Raymond OFFICE OF CORRECTIONAL HEALTH DIRECTORS Elizabeth Gondles, Ph.D. — Senior Director Terri L. Catlett — Director Dr. Dean Aufderheide — Director of Mental Health STANDARDS AND ACCREDITATION DIRECTOR David Haasenritter PROFESSIONAL DEVELOPMENT DIRECTORS Elizabeth Gondles, Ph.D. — Senior Director Dee Whitaker — Director INFORMATION TECHNOLOGY ACTING DIRECTOR Jeffrey Washington INTERNATIONAL INITIATIVES DIRECTOR Elizabeth Gondles, Ph.D. — Director

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ADVERTISING INQUIRIES: Production coordinator, 800-222-5646 ext. 0019. Written inquiries should be mailed to 206 N. Washington St., Suite 200, Alexandria, VA 22314.

Statements contained in Corrections Today are the personal views of the authors and do not constitute ACA policy unless so indicated. ACA does not assume responsibility for the content of Corrections Today as submitted by contributors, reserves the right to edit all articles and, if necessary, condense them. The publication of any advertisement by ACA is neither an endorsement of the advertiser nor of the products or services advertised. ACA is not responsible for any claims made in advertisements. MISSION STATEMENT: The American Correctional Association provides a professional organization for all individuals and groups, both public and private, that share a common goal of improving the justice system. Corrections Today (ISSN 0190-2563, USPS 019-640) is published six times a year in January/ February, March/April, May/June, July/August, September/October, November/December by the American Correctional Association, 206 N. Washington St., Suite 200, Alexandria, VA 22314; 703-224-0000. Send any changes to Corrections Today, Attn: Membership Department, 206 N. Washington St., Suite 200, Alexandria, VA 22314. Subscriptions are included in annual membership dues. Nonmember subscription rates are $25 per year for Corrections Today ($36 value) or $6 per issue. Printed in USA. Vol. 85, No. 2. Copyright 2023 by the American Correctional Association.

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Corrections Today March/April 2023— 3

6 News&Views

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From Jim’s Desk

7 In Memoriam 8 Guest Editorial 10 Correctional Chaplain Perspectives 16 NIJ Update

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43 ACA Featured Departments

44 Welcome New Members 46 Certification List 48 ACA 2023 Winter Conference Sneak Peek 52 2023 National Correctional Officers and Employees Week 56 Celebrating Greatness — 2024 ACA Awards Nomination Forms 64 Corrections Calendar 65 Job Bank 66 Index to Advertisers/ Product Index

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4 — March/April 2023 Corrections Today

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For more information, email healthcare@aca.org

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NEWS&VIEWS

F rom Jim’s De sk Spring is in the air

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W hen March marches out, as a lion or a lamb, we can look forward to April showers and the beautiful colors of spring. Already here in the Washing ton, D.C. area, daffodils are at full bloom and the famed cherry trees at the Jefferson Memorial are burst ing with white and pink blossoms. Spring offers us new beginnings. It is appropriate to begin anew with the American Correctional Association in the spring of 2023 as well. For the last several weeks, Robert (Rob) L. Green has joined ACA as Executive Director Des ignee. Rob brings exceptional corrections talent to ACA, having served in sheriff’s administered jails, large urban jails with community corrections and as director of a state

system, again including a large city jail. Not only does Rob bring his corrections talent to ACA, in each instance of his experience, he has accredited those facilities and state system. ACA leadership plans for Rob to drop that “designee” part in August and assume the complete designation of Executive Director in his profes sional title. Having worked with him in the past several weeks, I am confident, and excited, that he will “spring” ACA forward and upward coming this summer. Rob Green is a “mover and a shaker” and he’s just what your association needs at this juncture. Yes spring is in the air here at ACA. The colors of flowers, blossoms and green trees and

Robert (Rob) L. Green, ACA Executive Director Designee.

grass are everywhere at ACA headquarters. Spring brings new be ginnings and certainly it brings new beginnings to ACA. Welcome spring and Rob Green, the new beginning is here!

James A. Gondles Jr., CAE ACA Executive Director

6 — March/April 2023 Corrections Today

In Memoriam

IN MEMORIAM

Debbi Seeger Nov. 22, 1953 — March 1, 2023

From Executive Director James A. Gondles Jr. M eeting and knowing people you work with the case for Betty and me in meeting, and then knowing Debbi Seeger. It was fate that we even got to meet Debbi; she had left ACA to train racehorses with her husband Tim. Marge Restivo convinced Debbi to talk with me about staying at ACA in the Executive Office. Lucky for us (and for ACA!) Debbi decided to remain at ACA, and for 32 years she was a co-worker ... , more importantly she was our friend. We laughed, we cried, we worried, we celebrated, we suc ceeded, we failed, we cheered, we booed, we lived life to the fullest from work projects to weddings, funerals, dinners, hockey games, football games and so much more. Simply put, Debbi became part of our family to Betty, Eric, Evan and me. She lived through my parents’ death, her Mother’s death, our boys growing up, and not-too-long-ago our son’s wedding where she danced like there was no tomorrow. Debbi was the rock in the Executive Office, correcting over and over inaccuracies and mistakes from me, Jeff Washington, India Vargas and Betty. She never took credit for our successes, even though it was virtually her alone in achieving many of our successes. Her own family was most important to her; she dearly loved Tim, her brother and her sisters, along with nieces and cousins. And the number of current and former ACA employees who loved her and she loved back is an incredible number. Yes, sometimes you meet someone you work with that changes your life forever. Debbi Seeger made many of us more caring, more professional, more understanding and, most of all: more happy. There’s more laughter in heaven today; rest in peace Debbi Seeger. can have an effect on your life well beyond the “8 to 5, Monday through Friday” routine. Such was

James A. Gondles Jr., CAE ACA Executive Director

Corrections Today March/April 2023 — 7

NEWS&VIEWS

GUEST EDITORIAL

Denise M. Robinson ACA 108 th President

Complete speech can be found online at www.aca.org

Below is an excerpt of Denise M. Robin son’s ACAWinter Conference Presidential speech. To view the speech in its entirety, please visit the ACA website at aca.org. T hank you all very much. It is an honor and it is humbling to stand before you as the 108 th President of the American Correc tional Association; and the first ACA President from the field of commu nity corrections. Community corrections are an es sential component of the corrections continuum and for the continuity of care for the people and communities we all serve. I am honored to be able to elevate the visibility of community corrections. I am thrilled so many family members and friends are here with my colleagues from across the years. You all mean so much to me! I do not want to give the “last but not least” treatment to the two most important people in my life — Mil ton, my husband, and Christopher, our son. Milton, you are my life partner and my best friend — thank you so much for all of your support over all of these years. Christopher — you have been a blessing since the

moment you were born. I couldn’t have pictured all of the joy that has come from being your mother. Thank you both — you are my world. I never thought I’d choose to be in the corrections field. I am the daughter of a police officer and an educator. My parents raised me with the knowledge that I am a child of God whose purpose is to be of service to others. My Mother and Father passed away some time ago, but they are always with me. Each and every day, I strive to reflect the very best of both of them. My original career goal was to be come a marine biologist like Jacques Cousteau and to save our oceans. That did not work out, but I never stopped believing that I could make a positive difference in the world. When I was in high school, the first and only time my father discharged his weapon in the line of duty resulted in the death of a teenage boy. My father was quickly exonerated, and we were so grateful he was not injured. After this incident, my parents began getting letters that threatened

my life. They said things like, “You took our child, now we are going to take yours.” They included details showing I was being watched. My parents kept all of this from me. I noticed the additional police around, but it never occurred to me I was in danger. I assumed the protection was for my father. When I was a freshman at The Ohio State University, my parents unexpectedly showed up one day. They finally told me about the threatening letters because the last letter they received said, “I saw your daughter walking across the oval in a red plaid skirt,” and they knew I was still in danger. They talked to me about the steps they wanted me to take to stay safe. It was terribly frightening, but I am not a person who shows weak ness. To the outside world, I became even more driven to succeed and show I could not be intimidated. ...

Denise M. Robinson ACA 108 th President

8 — March/April 2023 Corrections Today

MARK YOUR CALENDAR NOW!

Philadelphia 153 RD CONGRESS OF CORRECTION Aug. 10–13, 2023

AMERICAN CORRECTIONAL ASSOCIATION 206 N. Washington St., Suite 200 • Alexandria, VA 22314 • www.aca.org

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NEWS&VIEWS

CORRECTIONAL CHAPLAIN PERSPECTIVES

Faith-based mentoring Post-pandemic and beyond By John Byrne, Director, Student Programming, Crossroads Prison Ministries C orrectional programming has evolved from the “Nothing Works” doctrine put forward

by Robert Martinson in the early 1970’s. 1 Martinson’s influential re port along with co-workers Douglas Lipton and Judith Wilks, concluded prison rehabilitation programs did not work. As a result, many politi cians pushed for the cancellation of costly correctional rehabilitation programs and the implementation of stronger sentencing guidelines. In the 1990’s, Canadian research ers Bonta, et al (1990) developed the framework for the risk-need-respon sivity model for assessing a person’s risk of reoffending and targeting specific risk factors that could be reduced through programming. 2 This model continues to be influential in corrections. Criminogenic risk factors fall into two categories, “static” — those that cannot be changed through programming, such as past criminal history, and “dynamic” — those risk factors that can be influenced by programming. Three of the primary dynamic risk factors contributing to arrest and incarceration relate to a person’s ori entation towards anti-social beliefs,

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attitudes and associations. Reha bilitation strives to help the person with a history and orientation toward behavior that has a deleterious im pact on their community and become someone who thinks and acts in pro-social ways that strengthen the community where they will live.

Since the announcement of the Prisoner Reentry Initiative (PRI) by President George W. Bush in 2004, mentoring has been recommended as a key program component for successful community reintegra tion. 3 Data on prison mentoring is not ubiquitous for several reasons.

10 — March/April 2023 Corrections Today

Correctional Chaplain Perspectives

First, it is difficult to extrapolate the impact of mentoring from the impact a comprehensive reentry course-plan that includes case management, drug and alcohol edu cation, cognitive restructuring and various other components, as well as mentoring, might have. Second, funding in corrections is cyclical and spending priorities change. Funding for recruiting, training, monitoring and retaining volunteer mentors may or may not be avail able from year to year. Finally, mentoring programs are difficult to sustain. Even when money is avail able, recruiting mentors from the community, and retaining quality mentors can be overwhelming. Faith-based programs and mentoring Faith-based organizations can be a reliable source of volunteer men tors. When it comes to recruiting mentors, faith-based programs have access to congregations, many of which have either an existing prison ministry or a desire to reach out to men and women who are incarcerat ed. Correctional chaplains have long partnered with faith communities to provide resources and volunteers to ensure religious needs are met behind bars. Both in-prison and cor respondence faith-based programs have been ways for facilities to incorporate evidence-based practices and provide much needed pro-social connections for their populations. In many instances, the correctional facility chaplain or the faith-based volunteer coordinator is responsible for evaluating these programs and making them available to the men or women they work with.

AMinnesota study by Duwe & King (2013) concluded faith-based programs can be effective when criminogenic risk factors are tar geted. 4 As correctional professionals, it is not always easy to articulate the Faith provides a hope that can ignite the internal motivation to make positive life changes. value of religious programming to the mission of rehabilitation. Faith and rehabilitation do not have to be mutually exclusive. Faith-based programming and interaction with mentors from outside faith communi ties provide very real opportunities for pro-social growth for the incarcer ated. This is often obscured by the phenomena of “jailhouse” faith or faith-based volunteers who come to prison with their own agendas but don’t understand the populations they serve. Faith-based services and Bible studies are valuable, but only to the extent they lead those who participate to the place where they apply the life changing wisdom of the Bible to their day-to-day lives. There is no shortage of incarcerated individuals who have more Bible knowledge than most clergy yet think and live inconsistent to the faith they profess. The major ity of incarcerated men and women who pursue faith are not, however,

simply faking it or delusional. They are broken, lost, and trying to find answers to how they can change. They understand their thinking and behavior have brought them to prison. Many of them are very aware of the damage they have caused to others, especially those they love. A key message of the Bible, that a person can be forgiven, can live their life differently, and maybe even have a fulfilling future is compelling to someone who is broken and without hope. Faith provides a hope that can ignite the internal motivation to make positive life changes. When the COVID-19 virus hit in 2020, correctional professionals had to deal with a series of diffi cult collateral consequences. With closure of programs and visitation, the incarcerated were isolated and disoriented, and staffing challenges compounded the difficulties of man aging correctional facilities. Most facilities are still in the recovery process of rebuilding the services they previously provided. Over the past two years, correspondence study and mentoring programs were able to fill part of the void created by program and visiting closures due to the pandemic. As services are established, or reestablished, there is an opportunity to rebuild with pro gramming that not only meets the religious needs of the population, but that target the real criminogenic risks that bring someone back to prison. Faith-based programs that focus on taking responsibility for past actions and challenge partici pants to address the thinking errors that have informed their anti-social thinking and behavior can make a significant impact. →

Corrections Today March/April 2023 — 11

NEWS&VIEWS

the best way to move forward, the critical aspect of mentoring should remain an important component in the rehabilitation process. Providing training for mentors and in-prison faith-based services volunteers on the factors that lead to incarceration and reincarceration will be important. Being able to show how faith-based programming can and should target criminogenic risk factors will be a key to helping volunteers target the needs of the people they serve. Mentors, in particular, provide listening, reflecting and coaching to those looking to learn how they can change.

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Mentors, in particular, provide listening, reflecting and coaching to those looking to learn how they can change. Good mentors are skilled at motivational interviewing. Mentors are not primarily teachers. Amen tor walks alongside of their mentee, gently nudging them toward the path of healing and growth. A good mentor embodies the best practices that can have a lasting impact on the rehabili tation of their mentee. A 2011 report by the Minnesota Department of ENDNOTES 1 Martinson, R. (1974). What Works? — questions and answers about prison reform. The Public Interest , 35: 22-54. Retrieved from 58e1a4ba7354b822028275.pdf (nationalaffairs.com) 2 Andrews, D.A., Zinger, I., Hoge, R.D., Bonta, J., Gendreau, P., & Cullen, F.T. (1990). Does Correctional Treatment Work? A Psychologically Informed Meta-analysis. Criminology , 28(3), 369-404. Retrieved from https://onlinelibrary. wiley.com/doi/abs/10.1111/j.1745-9125.1990. tb01330.x 3 The White House: Prisoner Re-Entry Initiative . (2004). Washington, D.C.: USGPO. Retrieved from https://georgewbush-whitehouse.archives. gov/government/fbci/pri.html

Corrections concluded any visit from a mentor reduced recidivism by 29%. 6 Clergy visits reduced recidivism by 24%. To a lesser extent, family visits had an impact on reducing recidivism. Research shows the effectiveness of mentoring programs is enhanced by training and supporting mentors. 5 In addition, program fidelity was found to be important to the effectiveness of mentoring programs. 6 As in-prison faith-based programs are rebuilding and staff are assessing 4 Duwe, G. & King, M. (2013) Can Faith-Based Correctional Programs Work? An Outcome Evaluation of the InnerChange Freedom Initiative in Minnesota. International Journal of Offender Therapy and Comparative Criminology , 57(7). Retrieved from https://pubmed.ncbi.nlm.nih. gov/22436731/ 5 The Effects of Prison Visitation on Offender Recidivism (2011). Minnesota Department of Corrections. Retrieved from https://mn.gov/doc/ assets/11-11PrisonVisitationResearchinBrief Final_tcm1089-272782.pdf 6 DuBois, D.L, Holloway, B.E., Valentine, J.C., Cooper, H. (2002) Effectiveness of Mentoring Programs for Youth: AMeta-Analytical Review. Psychology Review 30(2):157-197 Retrieved from https://pubmed.ncbi.nlm.nih.gov/12002242/

John Byrne (B.S., Mdiv) is the Director of Student Programming at Crossroads Prison Ministries. He has thirty years of prison ministry experience, including starting and running

in-prison reentry and faith-based programs in six states. His areas of expertise include reentry, mentoring, program design and curriculum development.

12 — March/April 2023 Corrections Today

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Correctional Nurse Manager Training and Certification Program

The CCN/M First Edition Study Guide NOW AVAILABLE!

• The CCN/M certification cate gory includes individuals who work as nurse managers in a correctional environment. • They are management staff who may contribute to the development of policy and procedures, are responsible for their implementation and have authority over staff nurses.

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Correctional Nurse Manager Training and Certification Curriculum

Module 1 — Health Care in Corrections Section 1A – Appropriate and Necessary Health Care Section 1B – Access to Care Section 1C – Total Quality Management Section 1D – Prevention of Contagion Module 2 — Legal Issues in Corrections Section 2A – History of Correctional Law Section 2B – Inmate Rights v. Inmate Privileges Section 2C – Landmark Court Cases Section 2D – Inmate Grievances Section 2E – Confidentiality Module 3 — Behavioral Health Section 3A – Basics of Mental Illness Section 3B – Mental Health Assessments Section 3C – Crisis Intervention Section 3D – Suicide Prevention Section 3E – Trauma Informed Care Section 3F – The Multidisciplinary Service Team and Multidisciplinary Treatment Team Section 3G – Managing Disruptive Inmates Section 4A – Scope and Nature of Correctional Nursing Section 4B – Understanding the Standards of Correctional Nurse Practice Section 4C – Understanding the Standards of Professional Performance Section 4D – Ethics Section 4E – Accreditation Module 4 — Nursing Practice and Accreditation

Module 5 — Security Section 5A – Equipment/Supplies Accountability Section 5B – Inspections and Investigations Section 5C – Problem Inmates Section 5D – Emergencies Module 6 — General and Inmate Management Section 6A – Special Needs Inmates Section 6B – Policy and Procedures Section 6C – Communication Section 6D – Classification Section 6E – Health Education Programs Module 7 — Conflict Management Section 7A – Staff Conflict Management Section 7B – Inmate Conflict Management Section 7C – Mediation Section 7D – Staff Grievances Module 8 — Human Resource Management Section 8A – Staff Management Section 8B – Recruitment and Retention Section 8C – Staff Development

Eligibility Requirements: Certified Correctional Nurse Manager (CCN/M)

• RN license in good standing with corresponding state nursing board

• 2 years of correctional nurse management experience; supervises other medical personnel and administrative staff

• Associate, Bachelor of Science (B.S.), Master of Science (M.S.) in Nursing or completion of an accredited nursing program

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NEWS&VIEWS

NIJ UPDATE

The overlooked role of jails in the discussion of legitimacy Implications for trust and procedural justice By Eric Martin, Brett Chapman and Lauren Morgan

The opinions, findings, conclusions, and recommendations expressed in this publica tion do not necessarily reflect the official position or policies of the U.S. Department of Justice. Introduction C orrectional facilities are responsible for maintaining a safe and orderly environ ment. Jails in particular face unique challenges in fulfilling that goal be cause their populations are fluid and conditions can be relatively chaotic.

enhances its legitimacy when com munity members view it as acting in a just manner toward others. That concept, known as procedural justice, focuses on how an indi vidual’s perceptions of legitimacy impact that individual’s behavior. 2 Research consistently shows that an institutionalized individual’s sense of the legitimacy of the institution and those who run it is a critical driver of cooperation with authority. 3 Le gitimacy and procedural justice are powerful facilitators of compliance. A need to focus the legitimacy lens on jails Studies of the prevalence and impact of legitimacy and procedural justice have been conducted through out the criminal justice system, but relatively few have focused on jails. 4 At least 4.9 million people are jailed each year, making jails a central piece of our criminal justice system. 5 Despite the looming presence of jails in U.S. society, few scholars have explored life inside them, and even fewer have explored the role of legitimacy in jail settings. 6 Our understanding of legitimacy in the criminal justice system comes

For jail staff, a critical tool for maintaining safety and order is the legitimacy of the jail and its staff in the eyes of its population. Legitima cy, in this context, is an incarcerated individual’s belief that officers are motivated to listen to and follow an agency’s directives out of both a sense of responsibility to that agency and its authority over the larger community. 1 A correctional facility, or any governmental agency for that matter,

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NIJ Update

largely from studies of police-citizen interactions, with some additional research on legitimacy in the courts. 7 This article looks at the potential of legitimacy to help maintain order and stability in jails. It also examines how, to that same end, procedural justice can be a vital tool for correc tional officers and deputies. Given the generally more fluid and volatile nature of jail environ ments than prisons, procedural justice may be even more important for jails as they address the needs of individuals who are adjusting to incarceration. Jails also have the po tential to enhance legitimacy across the entire justice system. More research is needed to understand whether, and to what extent, proce dural justice applied in a correctional facility can enhance the legitimacy of law enforcement and the courts, as well as the facility itself. Legitimacy, cooperation, and procedural justice To be effective, institutions of social control, such as policing or corrections, depend on the coopera tion and compliance of members of the communities that they serve and protect. Crime reduction strategies are typically imposed from the top down on communities by police, and within the closed environments of correctional facilities by correctional administrators and officers. 8 But in the broader context, protecting com munity safety and security requires cooperation and engagement of all interested parties. Both bottom up and top-down communications among public and other agencies, the public, advocates, and the popula tion of incarcerated individuals are

integral to promoting legitimacy in a correctional facility. Legitimacy of the criminal justice system is important because persons who perceive those entities and systems as legitimate are more likely to abide by their decisions. 9 Research has concluded that legal authorities can maintain an image of legitimacy in the eyes of the public if their decisions are viewed as be ing made fairly. 10 Thus, legitimacy contributes to the willingness of community members (in this in stance, incarcerated individuals) to cooperate with institutions of social control (the jail). Key components of procedural justice include giving individuals a voice in the process, neutrality, quality of treatment, and trustworthiness. Legitimacy goes to the heart of the question, “Why do people cooperate with authorities and obey the law?” One answer could be that people do so after considering the potential penalties for violating the law and other forms of non-com pliance. Another possible answer is that the shared belief among af fected parties in the legitimacy of the law and the agencies charged with

maintaining order and security leads to cooperation with those agencies and obedience to the laws. The work of scholars has also sparked a broader discussion of the relationship between legitimacy and procedural justice in policing. Dis cussions of police legitimacy focus primarily on psychological explana tions of why citizens comply with the law. Procedural justice, on the other hand, focuses on process. That is, it concerns the way that police or others within the criminal justice system can exercise their authority in a fair and just manner by following procedures that consider the qual ity of both the treatment of citizens and the decision-making during police–citizen encounters. Key com ponents of procedural justice include giving individuals a voice in the process, neutrality, quality of treat ment, and trustworthiness. 11 They are also fundamental qualities of a police-community partnership in the co-production of public safety. Legitimacy and corrections Drawing on the work of Tom Tyler, applications of legitimacy in corrections have historically focused on compliance and self-regulation on the part of an incarcerated indi vidual. 12 Those studies proceeded on the assumption that the use of authority in a procedurally fair man ner (procedural justice) will increase compliance and advance the argu ment that perceptions of legitimacy are important for maintaining a safe and secure prison environment. This suggests that corrections officers who assert their authority or respond to challenges inappropriately may ulti mately undermine the legitimacy of

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Aside from length of stay, various factors can influence a person’s com pliance and behavior upon release. These factors include the perceived fairness of one’s bail amount, a deci sion on release from jail, and the way one is treated (that is, procedural justice) inside the institution. Per ceptions of fairness and trust in the system are just as important during the corrections stage as they are in a policing context. Corrections prac tices would greatly benefit from an increased understanding of how jail experiences (for example, booking, court appearances, and incarcera tion) affect the larger criminal justice system and individual outcomes. Jails are under-researched but critically important The size of the jail population is often overlooked in national discus sions on corrections conditions and reforms. An individual’s jail stay can be a traumatic experience charac terized by transient populations, confusion, disorder and instability, physical danger, and psychological harm. These factors can significantly shape how an incarcerated individual perceives the legitimacy of the jail environment and its authorities. Common features of an indi vidual’s jail experience may make fostering legitimacy within jails more difficult than in prisons. Jails tend to be chaotic; given the typi cal closer proximity in time to their arrest, individuals coming into jail may be more likely to be intoxicated or dealing with withdrawal from a controlled substance. 21 In addition, jail incarceration is stressful. Suicide accounts for over 30% of the deaths in jail custody

istock/PATCHARIN SAENLAKON

the officers’ (and by association, the institution’s) authority. As a result, such actions can lead to additional rule-breaking and create an unsafe environment for incarcerated indi viduals and other officers. 13 Methods of measuring legiti macy in prisons are inconsistent. Most researchers, however, assess it as an officer characteristic based on others’ perceptions of fairness, effectiveness, trustworthiness, sup port, and honesty. 14 One study found that the incarcerated population’s perceptions of the treatment they received during their most recent encounters with correctional of ficers had an impact on how they perceived the legitimacy of those officers. 15 When present, legitimacy reduced the propensity for non violent misconduct by incarcerated individuals. 16 Another study found that legitimacy influenced incar cerated individuals’ decisions to comply with facility rules. 17 A better understanding of how legitimacy works can not only contribute to safer and more se cure prisons, it can also enhance

knowledge of the role of legitimacy in the broader criminal justice system. A past study assessed perceptions of legitimacy as they relate to the criminal justice system. 18 Another examined the perceived legitimacy of the criminal justice system in terms of attitudes toward the institu tions themselves and practitioners within them. 19 Both studies found that implementing legitimacy-build ing policies, such as procedurally fair treatment in correctional facilities, could improve compliance during and after incarceration. Those findings are important to our understanding of the prison experience; however, our collective understanding of legitimacy within the criminal justice system is hin dered by the lack of such research concerning jails. Thousands of people cycle through American jails and for many, incarceration in jail is a relatively brief experience. But for some, particularly for persons who are part of a racial or ethnic minority group or those with a lower socio economic status, incarceration may be lengthy and highly burdensome. 20

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and is the leading cause of deaths in jail. 22 The suicide rate in local jails is around 50 per 100,000, compared to fewer than 30 per 100,000 in state run prisons. 23 A number of factors could account for the higher rate of suicides in jails, including the likeli hood of overcrowding within the jail and an incarcerated individual’s elevated stress levels due to the life disruption resulting from their arrest and incarceration. 24 Procedural justice was the single greatest predictor of compliance ; it was even more influential than an individual’s history of misconduct. Correctional officers and deputies need to ensure stability and order in that chaotic environment, not only to protect physical safety, but also to aid the wellness of individuals as they navigate court proceedings or transition to serving their sentence. The impact of procedural justice on overall wellness of those in the facil ity requires further research. Jail staff may find it more chal lenging than their prison counterparts to consistently project an atmosphere of stability rooted in procedural justice. Jail staff have a relatively short time with individuals in jails

(the average stay in jail is just over one month) and have no control over the quality of an incarcerated indi vidual’s prior interactions with police and court officials. In addition, cor rectional officers and deputies often must compete with the overall often chaotic climate of a jail facility. Our research uncovered only one study that specifically addressed officer legitimacy in jails. The researchers surveyed individuals housed in a Florida jail. They found that procedural justice was a critical driver of an individual’s decisions to comply with the facility’s rules. Pro cedural justice was the single greatest predictor of compliance ; it was even more influential than an indi vidual’s history of misconduct. 25 This emphasizes and supports the role of procedural justice in promoting co operation with correctional officers in a particular jail setting. The presence and impact of procedural justice in other jails require further research. Conclusion Jails take custody of individu als who are often in the midst of a chaotic and stressful experience. Although an individual’s time in jail may be brief, jail leadership and staff can make a positive and pivotal impact on the trajectory of these individuals’ lives. In other correctional contexts, research has shown that policy and practice grounded in legitimacy and procedural justice can help deliver that positive impact. Evidence sug gests that the same positive impact can happen in jails, despite the chaos that characterizes many jail envi ronments. However, this requires further research.

Jails are an integral part of the criminal justice system. To the extent that one agency can reflect on the legitimacy of the system as a whole, jails can be linchpins of systemic legitimacy. ENDNOTES 1 J. Sunshine & T. Tyler (2003). “The Role of Procedural Justice and Legitimacy in Shaping Public Support for Policing.” Law & Society Review 37(3): 513-547. 2 Ibid. 3 See C. Campbell, R. Labrecque, R. Schaefer, M. Harvis, K. Zavita, L. Reddy, & K. LaBranche (2020). “Do Perceptions of Legitimacy and Fairness Matter in Prison?: Examining how Procedural and Distributive Justice Relate to Misconduct.” Criminal Justice and Behavior 47(12): 1630-1653. 4 Baker, T., F. Abderhalden, L. Alward, & L. Bedard (2021). “Exploring the Association between Procedural Justice in Jails and Incarcerated People’s Commitment to Institutional Rules” Corrections: Policy, Practice and Research 6(3): 189-202. 5 Prison Policy Initiative. (2019). Pew report, Arrest, Release, Repeat, reveals how many people go to jail each year and how many times they go. Available here: New report, Arrest, Release, Repeat, reveals how many people go to jail each year and how many times they go | Prison Policy Initiative 6 Jeffreys, D. (2018). America’s Jails : The Search for Human Dignity in an Age of Mass Incarceration . New York University Press. 7 Campbell et al. (2020). “Do Perceptions of Legitimacy and Fairness Matter in Prison?” 8 Tyler, T., & J. Fagan (2008). “Legitimacy ad Cooperation: Why Do People Help the Police Fight Crime in Their Communities.” Ohio State Journal of Criminal Law 6: 231-276. 9 See Steiner, B. & J. Wooldredge (2018). “Prison Officer Legitimacy, Their Exercise of Power, and Inmate Rule Breaking.” Criminology 56 (4): 750-779. 10 See Campbell et al. (2020). “Do Perceptions of Legitimacy and Fairness Matter in Prison?” 11 Tyler, T., J. Fagan J. &A. Geller (2014). “Street Stops and Police Legitimacy: Teachable Moments in Young Urban Men’s Legal Socialization.” Journal of Empirical Legal Studies 11 (4): 751-785. →

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12 Tyler, T. (1990). Justice, self-interest, and the legitimacy of legal and political authority. In J. J. Mansbridge (Ed.), Beyond self-interest (pp. 171–179). The University of Chicago Press. 13 Radburn, M., Stott, C., Bradford, B., & Robinson, M. (2018). When is policing fair? Groups, identity and judgements of the procedural justice of coercive crowd policing. Policing and Society , 28 (6), 647–664. 14 See Brunton-Smith & McCarthy, 2016; Hacin, 2018; Steiner & Wooldridge, 2015, 2018. 15 Steiner, B. & Wooldridge, J. (2018) “Examining the sources of correctional officer legitimacy.” 16 Ibid. 17 Campbell et al. (2020). “Do Perceptions of Legitimacy and Fairness Matter in Prison?” 18 Smoyer, A., T. Kershaw & K. Blankenship (2015). “Confining Legitimacy: The Impact of Prison Experiences on Perceptions of Criminal Justice Legitimacy”, Journal of Forensic Social Work 5:1-3, 258-270, DOI: 10.1080/1936928X.2015.1092905.

19 Franke, D., D. Bierie, D. Mackenzie (2010). “A Randomized Experiment Comparing a Boot Camp with a Prison.” Criminology and Public Policy 9(1): 89-117. 20 Western, B., Davis, J., Ganter, F., & Smith, N. (2021). The cumulative risk of jail incarceration. PNAS. Doi: https://doi.org/10.1073/ pnas.2023429118 21 Baker et al. (2021). “Exploring the Association between Procedural Justice in Jails.” 22 Tan de Bibiana, J., T. Todd, & L. Pope (2019). Preventing Suicide and Self-Harm in Jail: A Sentinel Events Approach . New York: Vera Institute of Justice. 23 Carson, A. (2021). Suicide in Local Jails and State and Federal Prisons, 2000-2019 . Washington, DC: Bureau of Justice Statistics. 24 Bibiana et al. (2019). Preventing Suicide and Self-Harm in Jail . 25 Baker et al. (2021). “Exploring the Association between Procedural Justice in Jails.”

Eric Martin is a Social Science Analyst at the National Institute of Justice.

Brett Chapman is a Social Science Analyst at the National Institute of Justice.

Lauren Morgan is a Research Assistant at the National Institute of Justice.

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