NCJ Number
49050
Journal
University of Pennsylvania Law Review Volume: 123 Issue: 1 Dated: (NOVEMBER 1974) Pages: 1-44
Date Published
1974
Length
44 pages
Annotation
THE INSTITUTIONS IN FEDERAL PRISONS WHICH REGULATE INMATES' LIVES ARE EXAMINED TOGETHER WITH GRIEVANCE PROCEDURES AVAILABLE TO INMATES AND A COMPARATIVE ANALYSIS OF ALTERNATIVE GRIEVANCE MECHANISMS.
Abstract
WITHIN THE FEDERAL PRISON SYSTEM A VARIETY OF DECISIONMAKING BODIES AND INDIVIDUALS ARE VESTED WITH PERVASIVE AUTHORITY OVER THE INMATE. THESE INCLUDE THE CLASSIFICATION AND PAROLE UNIT, THE ADJUSTMENT COMMITTEE, THE GOOD-TIME FORFEITURE BOARD, AND THE CORRECTIONAL SUPERVISOR WHO PLAYS A CRUCIAL ROLE IN DECIDING WHETHER FORMAL OR INFORMAL DISCIPLINARY PROCEEDINGS WILL BE INVOKED FOR INFRACTIONS. AN INMATE WHO HAS A REQUEST OR COMPLAINT HAS A VARIETY OF CHANNELS FOR PRESENTING IT. THE CASE MANAGER, AS REPRESENTATIVE OF THE CLASSIFICATION AND PAROLE UNIT, HAS INITIAL JURISDICTION OVER MOST SUBSTANTIAL QUESTIONS AFFECTING THE INMATE'S LIFE. THE CASE MANAGER HAS OPEN HOUSE FOR ABOUT 1 HOUR PER DAY, AND CASELOADS OF OVER 100 INMATES ARE NOT UNUSUAL. FOR ABOUT 2 YEARS, A NUMBER OF INSTITUTIONS HAVE EMPLOYED CORRECTIONAL COUNSELORS WHO ARE TYPICALLY FORMER OFFICERS. COUNSELORS HAVE NO OFFICE OR ADMINISTRATIVE RESPONSIBILITIES AND ARE FREELY AVAILABLE TO THE INMATES. WHILE HAVING LITTLE AUTHORITY TO ACT, COUNSELORS HAVE HAD SUBSTANTIAL IMPACT BOTH BY ADVISING INMATES ON THE PROCESSING OF REQUESTS AND BY TAKING MATTERS UP WITH THE CASE MANAGER PERSONALLY. INMATE REQUESTS/COMPLAINTS CAN BE PRESENTED AS AN INFORMAL WRITTEN STATEMENT THROUGH THE PRISONERS' MAIL BOX, OR THROUGH A RECENTLY INITIATED FORMAL COMPLAINT SYSTEM IN WHICH THE INMATE IS GUARANTEED A WRITTEN RESPONSE WITHIN 10 WEEKS OF SUBMISSION. ONLY ONE INSTITUTION HAS AN ELECTED INMATE COUNCIL WHICH MEETS REGULARLY WITH CORRECTIONAL STAFF. WHILE LAW LIBRARIES AND LEGAL SERVICES ARE AVAILABLE IN SOME INSTITUTIONS, SUCH RESOURCES ARE USUALLY MINIMAL. IT IS SUGGESTED THAT ALTERNATIVES SUCH AS QUASI-JUDICIAL ARBITRATORS, OMBUDSPERSONS, AND CITIZEN'S ADVISORY COMMITTEES, WOULD EITHER PRODUCE LITTLE CHANGE FROM THE EXISTING MECHANISMS OR WOULD LACK THE POWER AND AUTHORITY TO SERVE A TRULY MEANINGFUL FUNCTION. INMATE-ORIENTED GRIEVANCE MODES, SUCH AS INMATE COUNCILS OR TRAINED INMATE PARALEGALS, OFFER A FLEXIBLE NONADJUDICATORY ALTERNATIVE THAT PERMITS ONGOING INTERACTION BETWEEN CORRECTIONAL ADMINISTRATION AND THE INMATES. EXAMPLES OF THE OPERATION OF THESE TWO ALTERNATIVES ARE PROVIDED. (JAP)