The year 2005 brought new challenges to the corrections management, but also saw efforts emerge to improve corrections safety and operations.

In the first half of the year, the Bureau of Justice Statistics confirmed what correctional officials already knew, the population of offenders was continuing to grow. The BJS reported that the nation's prisons and jails held 2.1 million people. And with that increasing population came challenges in health care, safety for officers and inmates and for re-entry.

The first half of 2005 also witnessed tragedy. California CO Manuel Gonzalez was killed in the line of duty – the first in the California system since 1985. And in Georgia, a fatal shooting in a Fulton County courthouse lead to a review of court house security measures.

Corrections staff early in the year also showed their ability to reach out to those in need. Following the devastating tsunami that hit South Asia and with a foreshadowing for the disaster that would befall them later in the year, Louisiana State Penitentiary inmates donated $1,930 to the American Red Cross International Response Fund for victims. Other corrections staff and inmates across the nation would also send donations to that cause.

There was also closure provided in 2005 to those who experienced the Attica, N.Y. riots in 1971. New York officials this year signed a $12-million settlement with the surviving state workers and the relatives of employees killed during the riot at Attica state prison.

On a legal front, the U.S. Supreme Court ruled on a number of corrections issues that may have an affect on prison and jail operations from sentencing guidelines to the end of executions for juveniles. Statistics about death penalty sentences also reflected attitudes have changed about executions.

The number of people sentenced to death had dropped to the lowest level since 1976, which some attributed to the number of exonerations of death row offenders. But in terms of executions completed in 2005, some states renewed their use of capital punishment. In California, for example, the state executed its first inmate in three years and then would go on to execute two others during the year.

2005 was also a time for change. The California Department of Corrections renamed itself the Department of Corrections and Rehabilitation, reflecting a new emphasis on diverting criminals both before and after prison.

Also this year a high-level commission began a year-long examination of violence, sexual abuse, overcrowding and inhumane treatment in U.S. prisons, in an investigation provoked in part by reports of misconduct by U.S. corrections officers assigned to serve in military detention centers overseas. Leaders of the commission, which held hearings throughout 2005, hope to provide recommendations for change and support to corrections.

Continue to read below a summary of The Corrections Connection's coverage of the field during the first half of 2005.

Legal issues and Legislation
Management and Security
Technologies
Innovative Programs

Legal/Legislation:

Major court rulings made for changes in corrections policy this year.

Early in the year the Supreme Court ruled that federal judges no longer have to abide by 18-year-old federal sentencing guidelines, which prompted a re-examination of other court rulings and sentencing policy that continued throughout the year.

In addition, the court ruled that the Constitution forbids the execution of killers who were under 18 when they committed their crimes, ending a practice used in 19 states. Also, it determined that state prisons may not temporarily segregate inmates by skin color except under the most extraordinary circumstances, which basically called for California to end its long-standing policy of segregation to reduce gang-related violence. The California corrections department plans to implement the policy change early next year.

In an Ohio case, the Supreme Court upheld the constitutionality of a federal law requiring state prisons to accommodate inmate religions. The justices unanimously sided with the inmate plaintiffs, including a witch and a Satanist, who had claimed they were denied access to religious literature, ceremonial items and time to worship.

In another Ohio case, the high court unanimously upheld the state's revised policy for determining when especially dangerous inmates can be transferred to a "super-maximum security" prison in Youngstown, where they endure long periods of solitary confinement and little opportunity for exercise. But in upholding the revised policy, Justice Anthony Kennedy's majority opinion made clear that prisoners earmarked for "supermax" status have a constitutional right to be informed of the reasons for their reclassification and an opportunity to contest it.

Federal circuit courts also made some decisions that had impact on corrections. In one case, the 11th U.S. Circuit Court of Appeals ruled in a unanimous decision that felons in prison can be forced to submit saliva samples for DNA profiling. The samples do not violate the inmates' privacy rights or guarantees against unreasonable search and seizure, the court said.

Also the justice department came out with a report early in the year that found a warden and officers at a federal prison discriminated and retaliated against Muslim inmates. The Justice Department's inspector general's report also detailed allegations of mistreatment of Muslims at other U.S. lockups.

Legislative reforms were also made in late 2004 that had impact in 2005 and beyond.

In New York, state officials passed legislation to reform the state's Rockefeller drug laws, which were passed in the 1970s and designed to put a hefty dent in drug-related crime. 

The legislation that finally gained lawmakers' approval and was signed into law by New York Governor George Pataki on December 15, 2004, eliminates indeterminate sentences in favor of determinate sentences for drug offenders, makes some incarcerated drug offenders eligible for re-sentencing and changes the substance possession weight requirements for certain drugs.

The nation's lawmakers also made some effort to address issues important to corrections with new legislation passed by the House of Representatives in May - the Gang Deterrence and Community Protection Act of 2005. The bill, which stalled in the Senate Judiciary committee, promises harsher penalties for gang-related crimes and more resources for the prevention effort on the streets.

In addition, 2004's Mentally Ill Offender Treatment and Crime Reduction Act, which called for  improved access to mental health services for adult and juvenile non-violent offenders, received funding in 2005.

Management and Security:

Early in the year, corrections and criminal justice leaders from multiple disciplines created the Commission on Safety and Abuse in America's Prisons. With the Abu-Ghraib scandal of 2004 as a backdrop, the commission, which includes judges, academics, inmate advocates, corrections officials and others, began hearings to look closer into how America's prisons are operated.

The commission, which planned four hearings over a year, was organized by the Vera Institute of Justice and funded through private foundations and major law firms.

The first hearing focused on inmate issues. Subsequent hearings focused on larger, systemic problems that affect corrections agencies and issues related to correctional staff. On the commission's list of topics to investigate are sexual abuse, prison violence, overcrowding, treatment of the mentally ill, national standards for corrections facilities and insufficient support for those who work in corrections.

While the commission examined the operations and issues inherent in corrections, agencies continued to face hardships such as budget cuts, which had a clear influence on the field. Some agencies, such as the Indiana DOC, got creative about how to trim dollars. Commissioner David Donahue told CCNN about his plans to combine expenditures for institutions in proximity to each other with maintenance, mechanical services, engineering and human resources possibly being shared.

Also up for consideration by the Indiana DOC are the service contracts that the agency has entered into for its institutions. Trash collection, purchasing contracts and other vendor services could be combined, he said. Food service was another area that could change to trim costs. Donahue said the DOC had also put out an RFP to contract for food service - hoping it will mean a cost savings, but not a decrease in quality or caloric requirements. Contracting with private companies for these services is one common way DOCs tried to shave dollars off their budgets.
Cost savings was also at issue when new research about prison privatization renewed the debate about whether the savings many believe exists with privatization are true.

In a recent study The Interrelationship Between Public and Private Prisons, which was funded by CCA and the Association for Private Correctional and Treatment Organizations (APCTO), Mark Cohen, Senior Associate Dean and Professor, Owen Graduate School of Management, Vanderbilt University, and James Blumstein, Centennial Professor of Law, Vanderbilt Law School, examined this relationship between increased competition by privates and decreased costs on the public side.

The research showed that privatization meant a cost savings in the public corrections sector by increasing competition, but critics said the research failed to take into account other factors, such as quality, and that it is limited in impact because it only covers a few years worth of data.

Security, as always, plays a major role in successful corrections operations and last year corrections agencies paid special attention to security in the country's court houses. Following a fatal shooting that filled four at the Fulton County, Ga., Courthouse, state court officials attended a meeting hosted by the National Center for State Courts (NCSC), which received a grant from the Department of Justice to address court security.

NCSC, with assistance from agencies such as the Conference of Chief Justices and the Conference of State Court Administrators, published the "Essential Ten Elements for Effective Courtroom Safety and Security Planning" earlier this year as well.

Re-entry services for officers was high on the list of improvements corrections agencies tried to make. With this in mind, the Virginia Department of Corrections, in partnership with local jails, has better prepared inmates for their transition back into the community and has brought them closer to home after release.

DOC is now able to move some inmates who are nearing their release dates to a correctional facility in the community where they will be living so they can begin working there and reconnecting with family members.  The program began in 2002 with one jail and has now expanded to include eight. During the next fiscal year, the DOC hopes to add five more jails to that list and to expand the program each year beyond that until it is running in most areas of the state.

Technologies:

Corrections saw a number of new technologies tested this year both in pilot programs and at the annual Mock Prison Riot in West Virginia.

Some agencies focused on supervision technologies and training. In Multnomah County, Ore. Probation and parole officers have become computer forensic investigators and are able to tell when sex offenders under supervision in the community have been violating the conditions of their release.

With a new forensic computer investigatory tool, officers in the field can complete a quick search of an offender's computer files looking for any pornographic images. If the forensics tool determines that there are remnants of these types of files, the officer can seize the computer for a more complete examination of its contents. Meanwhile, in Florida, the DOC has equipped officers with a wireless, hand-held appliance that will enable them to collect and communicate information they obtain while supervising offenders in the field.

In addition, Tennessee's state legislature has authorized $2.5 million for an offender monitoring pilot project, which will use cutting edge GPS technology to keep a closer eye on sex offenders. The pilot will use GPS technology in certain counties to monitor the activities of these offenders.

Community corrections also tested other technologies this year including a device that monitors alcohol and substance abuse usage. They look just like wristwatches, but the devices dangling from offenders' arms in Barry County, Michigan, actually monitor people's sleep patterns to determine if they have been drinking or using drugs. 

SleepTime technology was introduced in the county within the last year to alert community corrections officers when their clients may be violating their probation by using substances, such as alcohol, cocaine or methamphetamine. 

The Mock Riot last spring also showcased several innovative technologies in corrections.

VirtualBlade presented a new training tool with which COs and other law enforcement personnel can more realistically assess their ability to ward off an attacker armed with a knife and develop successful strategies for how to best protect themselves. By using a training knife equipped with VirtualBlade, officers involved in the hostage scenario, as well as several other training sessions at the Mock Riot, were able to determine exactly who had been stabbed by training knives during the commotion of each staged incident.  Rather than depending on the assailant or the target to determine whether or not the knife made contact with them, VirtualBlade leaves a bright mark on the victim.

Teams at the Mock Riot also tested Corner Shot, which attaches to several different firearms and enables the shooter to see around a corner. Because correctional facilities are often designed with blind spots, Corner Shot could be useful to tactical teams. A Taser attachment is also under development for Corner Shot.

A device called the Cobra StunLight was used at the Mock Riot in scenarios with low light or darkness and helped teams locate subjects and immobilize them. The device is an LED flashlight that can release a laser and a stream of chemical agent all with the press of the thumb - enabling officers to carry just one flashlight on their belts and utilize the psychological benefit of the laser and the immobilizing benefits of chemical agent all in one device.

Another new technology used in darkness at the Mock Riot this year was the Eye Ball R1 by Remington Technologies. The device is a baseball sized, throw-able camera with audio, video and infrared capabilities. The device is wireless and has a transmission distance from the eyeball to the personal display unit in an indoor environment of 40 yards, according to the company.

Technology safety is also a concern for criminal justice agencies, with Tasers and stun-guns getting a lot of bad press over the year. Less-than-lethal weapons are becoming more commonly used in law enforcement and corrections, but what is also increasingly apparent is that the standards for using these technologies are still being developed.

This prompted the International Association of Chiefs of Police to author of a study by IACP called Electro-Muscular Disruption Technology: A Nine-Step Strategy For Effective Deployment.

Al Arena, Project Manager for the IACP told CCNN the report is intended to give criminal justice agencies some guidelines and recommendations to consider when using these types of technologies either on the street or in custody. It also outlines some of the potential risk factors inherent in using this technology, even though it is designed to be a less lethal option.

The government has also supported the development of new technologies for use by law enforcement and corrections. The National Law Enforcement and Corrections Technology Center - Southeast manages several government-funded interoperability projects including a software defined radio system program that provides a bridge to differing radio frequencies. This would allow various agencies to communicate in the event of a crisis or disaster.

The Dynamic Open Architecture Radio System (DOARS), which has received second round funding, requires both hardware and software installation to connect the radio systems by emulating each radio's functionality. Information is passed between the hardware and software and then the software creates a "patch" to connect radios and frequencies, according to officials at NLECTC-SE. The technology is currently in development and will be sent for field-testing in January 2006.

Scientists and developers from Va.-based Luna Innovations have also developed a technology to improve communications. Their handheld, portable screening device will use ultrasonic technology to determine whether or not inmates, or people passing through an airport security checkpoint, are carrying any concealed weapons.  When that vibration interacts with the concealed weapon between the clothing and the skin, it sends acoustic information back to the device, according to the developers.

Innovative Programs:

Corrections agencies tested out several new programs in 2005 with the goal of improving treatment for incarcerated offenders as well as helping offenders transition after they have done their time.

In Boston, the Massachusetts Department of Youth Services (DYS) and the Boston Public Schools (BPS) have launched the Boston Success Initiative with the goal of ensuring that juveniles with a history of crime have a smooth and successful journey back into the classroom.

The program is delivered through a transitional school, where juveniles who are being released from DYS facilities can go to prepare for their return to public high school.  It is an intermediary step for these kids, providing them with an opportunity to catch up to their peers, so that when they enter a regular classroom, they won't be too far behind.

At Camp David Gonzalez in Los Angeles County, California, some low-level juvenile offenders are given the opportunity to face an environment that has helps them thing about their past behaviors and gives them tools to change.

Good behavior in detention earns juveniles the right to participate in a theatre group made possible by a partnership between the Los Angeles County Department of Probation and the professional writers and actors of the Unusual Suspects Theatre Company, a non-profit organization that trains juvenile offenders to write, produce and act in plays that encourage nonviolent resolutions to conflict and address experiences with poverty, abuse, drugs, parental abandonment and racism. Officials hope the program will impact these offenders after release into the community.

The health of offenders is a major concern for corrections agencies, which is why several departments developed new programming to teach them and treat them while they are in custody.

A new therapeutic community - C.L.I.F.F. - at Indiana's Miami Correctional Facility was developed specially to treat the methamphetamine -addicted inmate who, while living in the unit, will, learn to remain drug-free and crime-free when they return to the community. The DOC developed the program in response to the increased number of meth-addicted offenders coming into the prison system.

Officials in Utah corrections are working to improve inmate health in another way, by cutting down on their caloric intake and increasing fitness.

The facility's pilot weight-loss program kicked off earlier this year with the goal of helping incarcerated women trim down by downsizing their meals, giving them some extra exercise and teaching them the basics about nutrition. Obesity has become a hot topic in the news and in literature in the U.S.  Because the problem so widely affects society, corrections is not immune to it, according to Utah Department of Corrections officials.

After surveying facility officials, the department learned that male inmates in Utah gain an average of 34 pounds within their first year of incarceration, while their female counterparts add on an average of 17 pounds during their first year behind bars. The driving forces behind this weight gain are a high calorie diet and a lack of exercise – which the program hopes to address.

Later in the year CCNN covered the destruction that Hurricanes Katrina and Rita brought to the Gulf Coast, facility management, health care issues, legal developments on the horizon and staff issues. See next week's review article for the conclusion of the 2005 Year in Review.