COMMENTS OF THE INSTITUTE FOR PUBLIC INTEREST REPRESENTATION CONCERNING PROPOSED RULES ON THE CONTROL, CUSTODY, CARE, TREATMENT AND INSTRUCTION OF INMATES

• NCJ Number: 53069
• Author(s): C E HILL; A MAYERSON; M R LEVY
• Date Published: 1977
• Length: 44 pages
• Corporate Author: Georgetown University
• Sale Source: National Clearinghouse for Legal Services
• Language: English
• Country: United States of America

Annotation

THE FEDERAL BUREAU OF PRISONS' PROPOSED RULES ON INMATE TELEPHONE USE, CONTROL UNIT PROGRAMS, RELIGIOUS PROGRAMS, GROOMING, INMATE ORGANIZATIONS, AND INMATE MANUSCRIPTS ARE CRITICIZED.

Abstract

THE PROPOSED RULES GOVERNING FREQUENCY, MONITORING, AND SANCTIONS FOR MISUSE OF INMATE TELEPHONE PRIVILEGES ARE CONSIDERED AN INVASION OF PRIVACY, UNDULY RESTRICTIVE, AND VAGUE. THE PROPOSED LIMIT OF ONE INMATE CALL EVERY 3 MONTHS IS CONSIDERED DESTRUCTIVE OF INMATES' FREEDOM OF SPEECH AND UNNECESSARILY CRUEL IN DEPRIVING INMATES OF CONTACT WITH PERSONS IN THEIR HOME COMMUNITY. MONITORING OF CALLS IS CONSIDERED AN INVASION OF THE CONSTITUTIONAL RIGHT TO PRIVACY, AND THE CRITERIA FOR JUDGING INMATE MISUSE OF THE TELEPHONE ARE CONSIDERED VAGUE. CONTROL UNIT PROGRAMS ARE CRITICIZED ON THE BASIS OF CRITERIA FOR SELECTION AND THE PROCEDURE FOR TRANSFER TO A CONTROL UNIT. THE LACK OF CLARITY OF CRITERIA FOR SELECTION FOR CONTROL UNITS IS SPECIFICALLY IDENTIFIED. ALTHOUGH THE BUREAU OF PRISONS ACCEPTS THAT A TRANSFER TO A CONTROL UNIT IS AN ADMINISTRATIVE RATHER THAN A PUNITIVE ACTION, THIS REPORT ARGUES THAT IT IS PUNITIVE BECAUSE SUCH AN ACTION COMMITS THE INMATE TO SEGREGATION, SINCE IT IS CONSIDERED AN UNDESIRABLE BEHAVIOR. SUCH TRANSFERS ARE, THEREFORE, BELIEVED TO BE SUBJECT TO DUE PROCESS RIGHTS UNDER SUPREME COURT RULINGS. RULES GOVERNING INMATE USE OF RELIGIOUS PROGRAMS ARE DISCUSSED UNDER THE ISSUES OF ACCESS TO OUTSIDE CLERGY, RELIGIOUS DIETS, AND SPECIAL RELIGIOUS MEALS AND INMATE-CLERGY PRIVILEGES. IT IS NOTED THAT THE PROPOSED RULES ON INMATE GROOMING ARE IN KEEPING WITH PENOLOGICAL OPINION THAT INDIVIDUALITY OF INMATES SHOULD BE ENCOURAGED, WITH THE EXCEPTION OF THE SECTION WHICH PROHIBITS INMATES FROM WEARING A BEARD. RULES GOVERNING INMATE ORGANIZATIONS ARE DISCUSSED UNDER THE ISSUES OF PURPOSE AND SCOPE, APPROVAL, AND STAFF SUPERVISION. WHILE PROPOSED RULES ON INMATE MANUSCRIPTS ARE GENERALLY COMMENDED, IT IS NOTED THAT THEY DO NOT ADEQUATELY GUARANTEE THIS RIGHT OF SELF-EXPRESSION TO INMATES SEGREGATED IN CONTROL UNITS. (RCB)