Supermax Prisons in Australia - Case Study Example

SUPER MAX PRISON Introduction People in the controlled prison may cause assault or violence, attempting to escape, inciting disturbance or exhibiting disruptive behavior. Such people usually removed from the general population of the prison to maintain safety and order. The prisoners who removed from such conditions were put in the controlled environment of the prison; this can be termed as "Jail within the prisons" In last few years many jurisdictions across the countries have built renovated prison facilities or units with the express purpose of imprison inmates under highly isolated conditions with severely access to programs, exercise, staffs as these prisoners are termed as cruel and inhumane and the same was turned to be "super max prison " of present prison environment.(1) An early form of super max-style prison unit appeared in "Katingal" ,Australia and it was a super-maximum prison block with 40 prison cells having electronically-operated doors, surveillance cameras, without any windows. It was closed down two years later. However the term "super max", originated in the United States as a contraction of "super-maximum,". The United States Penitentiary (USP) at Marion, Illinois, opened in 1963, the same year the federal prison at Alcatraz closed. In 1983, the whole prison was permanently locked down and turned into the first control unit. It is currently the highest security prison in the United States.(2) ------------------------------------------------------------------------------------------------------------ 1. Riveland 1999, US dept of Justice, National institute of corrections, super max prisons: An overview and General considerations, 1999 2. Elihu Rosenblatt, Super max Prisons: High-Tech Dungeons and Modern-Day Torture, Criminal Injustice, South End Press, 1996 2 Super max prisons When we say about super max prisons the name of the prisons like Big stone Gap -Virginia, Goul burn Center- Australia, HMP, and Manchester (HM Prison)-England C max-South Africa etc.. can not be excluded as these prisons are have already gained notoriety for their harsh and punitive conditions .In this context in a famous case of Wilkinson V Austin(3) the court decided that there had to be some and limited due process involved in super max placement.(4) Australia opened a super max prison unit in the Goulburn Correctional Center in 2001 but keeping up the same principle of sensory deprivation. It has been set for those who are considered to be the threat to national security and may cause terrorism. There is only one super max prison-ADX Florence in United States federal system (5) "Super-maximum security Prison" i.e "Super max prisons" is a place designed to house violent prisoners or prisoners who might threaten the security of the guards or other prisoners. The NIC Prison Division and Information Centre defines the Super max prison as a freestanding facility or a distinct unit within a freestanding facility that ------------------------------------------------------------------------------------------------ 3. Wilkinson V Austin 545 US 209 2005 4. An early form of supe rmax-style built in side the Long bay Correctional Centre Sydney in 1975 and finally demolished in 2006. 5. US super max Federal prison, one of 4 prisons in Florence 3 provides for the management and severe control of inmates who have been officially designated as exhibiting violent or seriously disruptive behavior whole imprisoned. Such inmates are determined to be a threat to safety and security in traditional high security facilities and their behavior can be controlled only by segregation restricted movement and limited access to staff and other inmates.(6) Some prisons that are not designed as super max prisons have "control units" in which conditions are similar. The theory is that solitary confinement and sensory deprivation will bring about "behavior modification." The recent approach creates specific units or facilities to manage the troublesome types of inmates in a highly security environment .It said that more than 30 states are proceeding to operate one or more such units.(7) It can be inferred from this definition that super max prison has been set up as a correctional mode which are highly restrictive and a high custody housing unit. Here the entire security isolates some inmates from others as they are considered to be a major threat to the other inmates and the institution itself by their aggressive and grievous criminal activities and also treated as the threat to escape or actual escape. There requires more restrictive management of particular inmates and the recourse to a more restrictive ----------------------------------------------------------------------------------------------------------6. NIC, Report 1999 7. Roy, King, The rise and rise of super max:, An American solution in search of a Problem, Punishment and Society, 1998, 4 security environment associated with traditional maximum security prison.(8)It is to be noted that some super max are used for routine segregation purposes like discipline, protective custody and program segregations. Generally, inmates in the units handcuffed during any contact with the staff and go to recreation individually and receive individually based program. Super max prisoners are locked into small cells for approximately 23 hours a day without any contact with other human beings. They can neither participate in group activities nor in work. Moreover they can not access any educational opportunities and sports, they completely debarred from eating together, get together with other people for religious services. Phone calls and visitation privileges are strictly limited. Books and magazines may be denied and pens restricted. TV and radios may be prohibited or, if allowed, are controlled by guards. Since the guards always monitor the inmates' movements by video cameras Prisoners can have little or no personal privacy. Communication between prisoners and control booth officers is mostly through speakers and microphones. Typically, the cells have no windows. Lights are controlled by guards who may leave them on night and day. For exercise there is usually only a room with high concrete walls and a chin-up bar. ------------------------------------------------------------------------------------------------------------ 8. Leena, Kurki and Normal, Morris 2001, 390, The purpose, Practice and problems of super max Prisons, Crime and Justice: A review of research ,University of Chicago Press 2001 5 Showers may be limited to three per week for not more than ten minutes.( 9) Argument in favor of super max prisons There are a lot of arguments have come up in favor as well as against such punitive imprisonment. David Ward and Mr. Norman (10) opined that such dispersion approach to the concentration approach for handling of troublesome inmates is required to some extent. These inmates can be prevented from uniting in their misconduct also allow staff at a given institution to gain measure of relief from dealing with the some trouble makers over an extended period of time. This approach also enable prison officials to breakup "gangs". In addition to this, it has been argued that such prisons may improve the economy in community in which they are placed.(11).It may help the community residents or citizens live safer. But legal and ethical issues regarding this also arises a number of debates on such approach. The survey conducted by The NIC Prison Division and Information Centre shows that jurisdictions do not share a common definition of such controlled environment due to their differing needs, classification criteria and methods and ------------------------------------------------------------------------------------------------------------ 9. Robert Muchamore, Cherub: Maximum security, 20 10. David Ward and Mr. Norman, "Super Maximum Custody Prisons in the United, Issue no; 97 April 1994 11. ibid 1 6 operational considerations. Now we shall explore the view of critics on this solitary confinement. Criticism As said above super max confinement, always subject to criticism in view of human rights standards contained in treaties signed by the United States and binding on state and federal officials. According to these standards, corrections authorities must respect the inherent dignity of each inmate and may not subject prisoners to treatment that constitutes torture or that is cruel, inhuman, or degrading. But the according to critics the state and federal corrections departments are operating super max facilities in ways that violate basic human rights. The conditions of confinement are unduly severe and disproportionate to legitimate security and inmate management objectives; impose pointless suffering and humiliation; and reflect a stunning disregard of the fact that all prisoners are members of the human community.(12) Moreover impact of locking an inmate in an isolated cell for an average of 23 hours per day with limited human interactions may cause mental illness as well as developmental disabilities. In convening session of Congressional hearing 1985 there were recommendations that a mental health unit be created for the prisoners to treat the ------------------------------------------------------------------------------------------------------------ 12. Human rights Watch Cold Storage: Super-maximum Security Confinement in Indiana New York: Human Rights Watch, 1997, and Red Onion State Prison: Super-Maximum Security Confinement in Virginia New York: Human Rights Watch, 1999. 7 "negative health consequences" that may flow from lockdown confinement, conditions so adverse that even staff operate under "combat mentality.(13) Another notable point is the nature and reputation of the inmate and frequently the behavior combined with ultra control magnify the tension between inmates and staff. Consequently, such adverse nature of the relationships tends to be one of dominance and resistance on both sides. Dealing with the upsetting inmates creates an environment of extraordinary challenges for the staff. Their diverse characteristics, backgrounds and behaviors are legally challengeable. In consequence of the allegations of widespread staff violence against prisoners and abusive lockdown conditions in 1984 convening congressional hearings about USP Marion was prompted. The aim of hearing was that to develop constructive ways to increase the safety of correctional employees and inmates and reduce tension.(14) In some jurisdictions the inmates are released directly to the community after completing their sentences in super max prisons in devoid of any time for the transition to non super max .(15). Here it can not be denied that justification for super max confinement, its high price in terms of the misery and suffering it inflicts, and the ------------------------------------------------------------------------------------------------------------ 13. ibid 2 14. ibid 2, 13 15. Craig, Hanney, Mental Health Issues in Long Term solitary and Super max" confinement, Crime and Delinquency, 2003 8 likelihood that it reduces an inmate's ability to make a successful transition to society upon release. The public has either been indifferent or has uncritically accepted the punitive penal views of those who endorse the super max approach. It is also criticized that the correctional authorities use excessively broad and vague criteria for determining super max eligibility and fail to exercise appropriate control over placement decisions. As a result, inmates are placed in super max confinement even when such restrictive controls are clearly excessive in light of their behavior. Consequently prisoners who are difficult but not dangerous, who have been involved in a single fight, who have accumulated a record of minor, non-violent disciplinary infractions, or who are gang members but have not been involved in any misconduct.(16).Moreover Corrections authorities is able to exercise discretion and professional judgment in choosing where to confine inmates, but the exercise of such discretion carries the inherent risk of arbitrariness or error. If we analyze the benefit-cost assessment regarding the super max prisons it can be seen that the considerable investment of resources, generating cost to build and operate the such prisons are more to do with the general population units.(17) So it is clearly ----------------------------------------------------------------------------------------------------------- 16. ibid 12 17. J. Austin and J. Irwin, It's about time: America's imprisonment binge (3rd ed.) Belmont Wadsworth 9 proven that expense and cost required for this arrangement is very high. The units and facilities are significantly more expensive to build than other general prisons. Moreover it requires extensive feature such as locks, doors and perimeters, reinforced walls, ceilings, and floors and also the incorporation of advanced electronic systems and technology, extensive feature such as locks, doors and perimeters, reinforced walls, ceilings, and floors and also the incorporation of advanced electronic systems and technology. Moreover there a large number of correctional officers are required for both internal and external security, movements of inmates and also for other day to day affairs. So the operating cost in such cases is much higher than those of general prisons. In the context of these criticisms the human right Watch has put forward a number of recommendations in order to mitigate the problems of such solitary confinement. Recommendations Firstly, the use of super-maximum security facilities should be limited by not confining the prisoners in extremely restrictive conditions of isolation and extensive control except when their behavior has shown them to be so chronically violent or dangerous and extremely serious threat to prison safety and security that prison officials have no other choice. It is also recommended that mere membership in a gang, absent actual dangerous or predatory behavior, should not be the basis for super max confinement 10 All confinement in super max units should be for the shortest period of time possible in light of legitimate security and safety considerations. Inmates should be given meaningful opportunity to appeal. All inmates should be given in writing a detailed, individualized explanation of the specific reasons for their original and continued super max confinement. The senior central office corrections officials should periodically review the justification for super max confinement for each inmate. Any inmate kept in super max confinement for a prolonged period should be able to obtain a review of the justification for such placement from an impartial, independent authority. In order to make the physical condition of inmates healthy and humane the commission pointed out the following recommendations. Cells should have windows that permit natural light to enter, heating and cooling systems and adequate air circulation. Cells should be constructed to permit inmates sufficient unencumbered space for exercise, should at a minimum contain a writing surface and furnishing for seating, a sleeping surface, a mattress, storage for personal property, and should be designed to permit operation of televisions and radios. All inmates should have access to outdoor recreation areas that expose them to sunlight and fresh air and permit views of the natural world as well as to indoor recreation areas for use during inclement weather. Recreation areas should contain sports. Moreover, inmates should be able to contact officers through intercom or emergency buzzers. The recommendations go on as the policies about inmate activities, personal property, privileges, and programs should be no more restrictive than necessary for legitimate security considerations, should permit and encourage prisoners to maintain constructive lives and should acknowledge their inherent dignity and value as human beings. Inmates should be permitted out of their cells every day for exercise or other activities. They should have the opportunity every day for at least an hour of extended direct interaction and conversation with other inmates or staff. Inmates should be given access to and encouraged to participate in programs and activities that permit the development of constructive skills and capabilities. The inmates should be given adequate opportunities for worships and other religious activities. It is also suggested that they should be enabled to have frequent contact with families through telephone calls and visits should be permitted. Apart from this, the watch strongly reminds that the proper and careful training of the staff is highly required in order to avoid any frictions between the inmates and staff in future. Moreover it is important that the staff should take care of the inmates who are released to lesser custody by scrutinize their activities continuously. (18) ------------------------------------------------------------------------------------------------------------ 18. ibid 12, 16 Conclusion Well maintained leadership, careful staff training and supervision, and effective internal review processes can help minimize the possibilities of unnecessary super max confinement as well as abusive conduct by correctional officers. Press and citizen group access to super max officials and inmates are also can 6 help deter abuses and promote public accountability. Interaction with public groups can lead to the identification and development of more humane and productive prison practices Anyhow few states have adopted some measures like appointing an ombudsman or inspector general, that can monitor super max conditions and provide inmates with an effective recourse against arbitrary security level decisions or mistreatment. ******************************** Bibliography Books and Authors 1. Craig, Hanney, Mental Health Issues in Long Term solitary and super max" confinement, Crime and Delinquency, 2003 2. David Ward and Mr. Norman, "Super Maximum Custody Prisons in the United, Issue no; 97 April 1994 3. Elihu, Rosenblatt, Super max Prisons: High-Tech Dungeons and Modern-Day Torture, Criminal Injustice, South End Press, 1996 4. J. Austin and J.Irwin it's about time: America's imprisonment binge (3rd ed.) Belmont Wadsworth 5. Leena, Kurki and Normal, Morris, 390, the purpose, Practice and problems of super max Prisons, Crime and Justice: A review of research, University of Chicago Press 2001 6. Riveland ,US dept. of Justice, National institute of corrections, super max prisons: An overview and General considerations, 1999 7. Robert Muchamore, Cherub: Maximum security, publ. Simon Pulse,2006 ISBN-13 978-0689877810 8. Roy, King, The rise and rise of super max: An American solution in search of a Problem, Punishment and Society, 1998, Articles and Journals 9. Human Rights Watch, Human rights Watch Cold Storage: Super-maximum Security Confinement in Indiana New York, 1997 10. Human Rights Watch, Red Onion State Prison: Super-Maximum Security Confinement in Virginia (New York:, 1999). 11. National Institute of corrections, super max prisons: legal issues and considerations, 1999 Read More