BOOK REVIEW

DALE K. SECHREST AND WILLIAM C. COLLINS

JAIL MANAGEMENT AND LIABILITY ISSUES FL.: CORAL GABLES

PUBLISHING CO., INC. 1989 ISBN 0-938993-05-4, HV 8756.SE3J 1989

Kam C. Wong M.A. (Criminal Justice - SUNYA), J.D. (Indiana)

Assistant Professor School of Justice Administration

University of Louisville

I. A summary account of the book

This book is the joint effort of a criminologist (Sechrest) and a lawyer (Collins). It is written for the practitioners; from people who manage jails to people who work in them. It may even be used by outsiders, e.g., "jailhouse" lawyers or private jail contractors who want to get some insights into the issues and problems in operating a jail (p. 5).

In the opening section - "Purpose of the Book" - the authors described the crisis facing jail administrators today. They painted a gloomy picture. The jail population is on the rise (a 62% increase from 1978 to 1985) (p. 2). The jails are over-crowed. They lacked manpower and resources to accommodate the population explosion (p. 3). "Barrage of lawsuits" followed. More jails are under court orders than ever before (p. 5).

Chapter one "Administration" provided "some basic guidelines" for understanding jail problems: from knowing the law to developing a record-keeping system to establishing a system of communication. The chapter dealt with various issues of interest to jail administrators: keeping administrative records and budgets (p. 8), monitoring facility operations (pp. 8-9) understanding civil liability (pp. 9-28) and developing policies and procedures (pp. 23- 28). The "developing policies and procedures" section epitomized the approach taken by the authors in presenting the materials. The issues in the book were presented in a cut and dry manner. Here the policies development process is made to appear

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uncomplicated and followed a logical progression. The authors stated that policies: "provide clear, concise statements of agency practices" (p. 26) and should be adopted by following "a tested method of policy and procedure development ... (with) ... eleven basic steps" (p. 26). The section on understanding liability is the most well written section. It traced the history of inmate rights movement from the courts' "hands off" era in the early 1960s to that of progressive involvements in prison administration in the 1970s; with the concomitant development of a body of prison rights law and a cadre of civil rights lawyer (p. 10). It laid down the legal basis of prisoners' suits and the liabilities of the prison officials (p. 21). The account was both comprehensive and easy to understand.

Chapter two provided an overview of the problems associated with jail facility and security. A check list approach was used to highlight areas of concern in providing for safety and security services: perimeter security, facility interior, closures, electrical systems, communications system, plumbing system, heating, ventilation and air conditioning, facility furnishings, fire safety equipment, key control and specialized areas. "A detention facility presents unique problems in fire safety" (p. 41). Jails are locked up fire traps. The authors suggested plans for inspection, detection, isolation and evacuation (p. 42).

Chapter three dealt with "staffing the facility." It began with an off the cuff warning: "Consideration should be given to a policy that does not allow individuals who are related to supervise one another's work in the same facility" (p. 50). It went on to provide a host of advises. Some useful. Some not. The section on performance measurement ("individual performance review" (p. 51) and "facility performance review" (p. 52) received a most superficial treatment to the point of being misleading. The section on "management styles: tradition or participating?" (pp. 54-56) is likewise not adequate in capturing the gist of the on going debate. The last three sections focused on staff deployment and shift managements. They barely scratched the surface of some of the bigger problems in jail management (pp. 57-63).

Chapter four concentrated on "managing the inmate population." The key points of concern were: intake and release procedures; security classification; public contact and supervision types and styles (p. 64). At the intake stage the administrators are concerned about inmates with depression, disease and drug use problems. Depressed inmates pose suicide risks. Sick inmates require special treatment. Drug users create health and security

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problems. The new offenders need to be classified to facilitate better management of inmate population and supervision of individual offenders - for security, custody and housing reasons (p. 68). Juveniles should be protected from the depraved. The violent ones needed to be isolated from the general population. The most prevalent security classifications are: maximum (for the dangerous and escapee), medium (for those with minor medical problems and those pending charge), minimum (for those with no criminal record or violent tendency) and segregation (for those who need protection and discipline). Certain jail population has special needs: women (need to be separated from the male); juvenile (need to be insulated from the "sight and sound" of adult criminals) alcohol and drug abusers (need drug treatments), handicapped persons (require special facilities and support), and mentally ill (require special psychiatric help) (pp. 73-80). The authors were also concerned with jail suicides. Jails overall has a sixteen times higher suicide rate than comparable in the community (p. 81). In the last section the authors detailed the problems with supervision of inmates (e.g., security problems with visitation) and ways of managing them. This is a very comprehensive and informative chapter.

Chapter 5 is an important chapter. It focused on the prisoners' "rights to minimal care and programs" (p. 100). The authors discussed the services required by law: access to court and legal services, a reasonable degree of personal safety, nutritional meals, good medical care, safe and sanity living condition, communication and visitation, written rules and disciplinary procedures and regular exercise (p. 101 ).

With reaard to IQgal services the jail staff must provide "meaningful access to the courts" (Bounds v. Smith (1977). It further "required prison authorities to provide prisoners with adequate law libraries or some other viable source of legal knowledge" (p. 105).

With reaard to oersonal ~afety there are two main concerns: avoiding "cruel and unusual punishment" to inmates and protecting them from abuse by fellow prisoners and staff (p. 108). Under Bell v. Wolfish (1979) deprivation in jail does not constitute punishment, if is not intended to be so, rationally designed and not excessive. The duty to protect the inmates from harm is also not absolute. The jail administrator has the duty to make certain that "the number of correctional officers necessary to assure a constitutional level of inmate safety must bear some reasonable relationship to the total number of inmates" (p. 108). In this regard, the courts have taken a "totality of condition" approach (p. 109). Unless the

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jail officials have shown "deliberate indifference" (Daniels v. Williams (1986) to the inmates' safety no civil rights action will lay. The other major safety concern at prison is riots and disturbances. The authors attributed the causes of riots to "crowed conditions, correctional officers' negative attitudes toward inmates, poor disciplinary policies, poor food, excessive idle time, lack of ability to express aggressive impulses constructively, and a lack of incentives for conforming behavior" (p. 110). The authors further distinguished between "predisposing condition" (the historical cause) and "precipitating condition" (the immediate on setting cause) resulting in riots. The authors argued against using force or negotiation. They favored using discretion (p. 111). What discretion meant was not made clear.

With reeard to food service "standards should be in place that ensure the quality and nutritional value of food, its preparation under clear and sanitary conditions, and the delivery of food that is palatable" (p. 113).

With regard to medical services the Supreme Court has mandated that medical services should be provided with no "deliberate indifference to serious medical needs of prisoners" (Estelle v. Gamble, 1976). The authors then dealt with the prevalence of AIDS and its prevention and control in jail. By far the biggest problem is one of adequate care and treatment. As noted by the author: "AIDS cases are costly, possibly using the entire budge for one year for one case alone" (p. 124).

With reg6rd tO (;:ommunicati0n the inmates have a constitutional right of communication under the First Amendment. They are not unlimited. They can be regulated to promote security and order in jail. Restrictions on visitation can be imposed (BIo(;;k v. Rutherford (1984), e.g., strip searches before and after visits (Bell v. Wolfish (1979). Regulation of mail is also allowed if the censorship is to further "important governmental interest unrelated to suppression of expression.., and not greater than necessary" to achieve government purposes (Pr0cunier v. Martinez (1974).

With reeard to disciplinary Droceedinos the inmates must be notified of the rules and given some rudimentary due process hearing rights (Wollf v. McDonnell (1974).

With regard to exercise the Supreme Court has not clearly spoken on the issue. Some lower courts have required some regular exercise per day. There is as yet no constitutional requirement to treatment or rehabilitation (p. 140).

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Chapter six dealt with an emerging but important issue in jail and prisoner management, i.e., "contracting for the operations of the entire detention facilities" (p. 144). As correctly observed by the authors, there were very few legal cases to draw upon and not much experience to fall back upon (p. 145). The first major obstacle to privatization of jail is to determine: "whether, and under what circumstances and limitations, a county can contract for its entire jail operation" (p. 146). The question posed two further questions: First, whether the county or municipality has been delegated the power to contract the service? (p. 146). Second, whether such delegation is proper or excessive? (p. 150). The majority rule is that "a municipal corporation may enter into contracts which are proper and reasonable necessary to enable it to perform the functions expressly conferred upon it" (p. 146). The municipality or county however is required to maintain sufficient supervision and control over contracted out proprietary activities (p. 151). Beyond the constitutional issue of empowerment, there are legal questions of contracting, labor relations, liabilities, use of force, and inmate rights (p. 145). Two legislatures, NewYork and New Mexico, have weighted in the debate by passing bills authorizing "contract with private entities for the provision and maintenance of county detention facility" (Chapter 85-3400, Florida Laws of 1985, F.S.A. 944.105.). The authors have numerous advises on how to contract out jail services, especially making necessary contractual provisions for performance criteria, monitoring and auditing, dispute resolution, stipulation of penalties, dispute- resolutions. The administrators must also prepare for a failure option (pp. 164-7).

Chapter seven dealt with "planning the new facility." It recommended the National Institute of Corrections (NIC) jail center as an assistance source and the Program on Planning of New Institutions (PONI) as the planning model. The PONI contained five phase of work: (I) prearchitectural, (2) site selection and planning, (3) architectural design, and (5) occupancy (p. 171). In the last section the authors detailed a step by step approach to "planning a new facility: what must I do?"

In the last chapter, the authors argued for professionalism in jail administration. They suggested the jail administrator to take a proactive approach to jail management, i.e. to be more progressive in their thinking (e.g., establishing "community detention center" instead of just warehousing offenders) and to anticipate the courts' decisions instead of just reacting to them. They concluded by observing "A professional does not look over his or her shoulder

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constantly to see what the Court want, or what must be done. The professional knows what to do and works with people trained to know what to do..." (p. 192).

II. Observations and comments

1. Because the book addressed a wide audience and dealt with a broad range of topics in such a thin volume (pp. 192), its treatment of materials are necessarily incomplete and, at times, superficial, e.g., chapter on professionalism (pp. 191- 2) or section of performance measurement (pp. 51-2). The benefit to be gained is a highly readable book. No jargon. No debate. No abstractions. Just descriptions of facts and detailing laws with prescriptions here and proscriptions there. In sum, a cook book approach to jail administration. To that extent the book is rather informative and well done.

. The book should be appealing to the general public who are interested in various aspects of public administration, not as an expert but as an informed citizen. The book provided some timely and informative discussion on some earthbreaking issues, e.g. AID and privatization. This should provide a beginning point for further public education and debate.

. In a university setting, this book can be used as a supplemental reader to an introduction prison administration class. The "down to earth" materials should provide the students with some insights into the operational details and administrative complexities in running a modern day jail.

. The book should also be of interest to the busy jail professionals. It conveniently gathered in one place most of the information relevant to their job. The book is practical enough to be useful, sophisticated enough to be challenging and timely enough to be relevant. If they should like to read further they can always refer to the many sources of information pointed out in the book. The book thus serves as a repository of ideas, a manual for action and a reference for further research.

. The book is first and last a how to do book. As such it is very descriptive and factual. It concerned itself less with ends (e.g., what is the proper role of a jail administrator?) than with means (e.g., what is the most cost-effective way of running a jail). The readers were given the one best way of doing things. Few alternatives were provided. Make it clear,

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make it simple and most importantly make it work seemed to be the emphasis of the book through out. Not surprisingly, the book was written in mandatory prose and imperative form. Statements like: "No matter where the system is located, you have the responsibility for personnel and fiscal decisions related to the facility and should have immediate and full access to those records" (p. 7) or "every facility should be subjected to outside inspections" (p. 29) abound. Whatever merits this approach might bring, there are questions whether the issues were not oversimplified and solutions overestimated. This promoted an incomplete understanding of the issues discussed and likely to contribute to an inadequate consideration of a problem on hand, e.g. "management styles" (pp. 54-56) discussion failed to capture the full spectrum of the problem involved much less pinpointing the focal point of managerial concerns. [See example Lombardo Guards Im~rison_ed: Correctional Officers at Work. N.Y. Elsevier. 1981.]

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