NCJ Number
58465
Date Published
1977
Length
15 pages
Annotation
THE PROBLEMS CORRECTIONAL OFFICERS ENCOUNTER IN TRYING TO MEET THE CONFLICTING DEMANDS OF THE CORRECTIONAL SYSTEM REQUIRE DEVELOPMENT OF A BILL OF RIGHTS. THIS PAPER EXPLORES THE REASONS FOR SUCH AN APPROACH.
Abstract
BECAUSE OF RECENT SENTENCING PROCEDURES, PRISONS APPEAR TO BE DISPOSAL CENTERS FOR BOTH THE EXTREMELY DANGEROUS AND THE SERIOUSLY DISTURBED. IN ADDITION, INMATES ARE MILITANT, AGGRESSIVE, AND DEMANDING OF THEIR RIGHTS. IN SUCH CIRCUMSTANCES, VIOLENCE BETWEEN OFFENDERS AND GUARDS IS INCREASING. PART OF THE MILITANCY ARISES FROM ABUSES INHERENT IN USING INDETERMINATE SENTENCES AND FROM DEMANDS THAT INSTITUTIONS REHABILITATE OFFENDERS. IN THE FACE OF THESE INCREASING DIFFICULTIES, CORRECTIONAL OFFICERS ARE NOT GIVEN ANY ASSISTANCE. DEVELOPMENT OF A BILL OF RIGHTS FOR OFFICERS WOULD PROVIDE THEM WITH ACCESS TO THE COURTS AND AN ESTABLISHED GRIEVANCE PROCEDURE FOR COMPLAINTS AGAINST INMATES. AT PRESENT, ONLY INMATES HAVE SUCH RIGHTS. ONLY BY PROTECTING THE RIGHTS OF OFFICERS CAN THE CORRECTIONAL SYSTEM PROVIDE THE TYPE OF CUSTODIAL SECURITY REQUIRED IN ENACTING AN EFFECTIVE REHABILITATION PROGRAM. SUCH A BILL OF RIGHTS SHOULD ALLOW OFFICERS ACCESS TO COUNSEL TO PRESENT CASES OF ASSAULT BY INMATES, FREEDOM FROM INMATE ABUSE AND INSULTS, ADEQUATE HEALTH CARE IN RECOGNITION OF THE STRAINS CREATED BY INCREASING PRISON POPULATIONS, ESTABLISHED RULES OF CONDUCT FOR INMATES AND OFFICERS WITH ASSURANCE OF SWIFT PUNISHMENT FOR INFRACTIONS, JUDICIAL PROCEEDINGS FOR HEARING INMATE GRIEVANCES, FULL RIGHT OF OFFICERS TO RESTORE ORDER, AND UNRESTRICTED POWER TO BRING GRIEVANCES. REFERENCES ARE PROVIDED.