Chapter 7
Jails: Detention
and Short-Term
Incarceration
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Detention and Short-Term Incarceration
 The
Contemporary Jail: Entrance to
the System
Origins and Evolution
Population Characteristics
Administration
The Influence of Local Politics
Regional Jails
 Pretrial Detention
 Special Problems of Detainees
 Release from Detention
Clear & Cole, American Corrections, 8th
Detention and Short-Term Incarceration
 The Bail Problem and Alternatives
Release on Recognizance
Preventive Detention
Pretrial Diversion
 The Sentenced Jail Inmate
 Issues in Jail Management
 Legal Liability
 Jail Standards
 Personnel Matters
 Jail Crowding
 The Jail Facility
Clear & Cole, American Corrections, 8th
Americans jailed annually
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Characteristics of Adult Jail
Inmates in U.S. Jails
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“Lockup”
A
facility authorized to hold people
before court appearance for up to 48
hours. Most lockups (also called drunk
tanks or holding tanks) are
administered by local police agencies.
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getting out of jail -- free?
bail
sum of money
specified by judge to
be posted by the
accused as condition of
pretrial release, to
ensure defendant’s
appearance in court
methods
of release
bondsman
independent
businessperson
who charges fee,
usu. 5-10% for
bail money
(ROR)
release on
recognizance
pretrial release granted
on the defendant’s
promise to appear in
court, based on
defendant’s ties to the
community
“10% cash bail”
(reform) D. deposits 10% of
bail amount with court; 90%
returned at trial
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Type of pretrial release
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Myths in Corrections
 Myth:
Jail sentences are more for
misdemeanants than they are for felons.
 Fact:
Nearly 40% of felony defendants are
eventually sentenced to jail, a rate that is
almost the same as prison sentences for
felonies.
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“preventive
detention”

detention of an accused in jail to
protect the community from crimes the
accused is considered likely to commit
if released from jail while he awaits trial
authorized by Comprehensive
Crime Control Act, 1984
 upheld in US v. Salerno, 1987

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“pretrial
diversion”

an alternative to adjudication in which the
defendant agrees to abide with conditions
set by the prosecutor in exchange for the
withdrawal of charges
(e.g., counseling, drug treatment)
reasons
for diversion programs
criminal justice system is not well equipped
to handle some problems - vagrancy,
alcoholism, juveniles
keep less dangerous offenders from being
labeled & treated as hard-core criminals
diversion costs are less
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“widening the net”
 increasing
the scope (i.e., reach) of
corrections & CJS by creating diversionary
program & then sending people to that
program for offenses that are much less
serious than those the program was
originally intended for.
 “diversion” programs thereby ensnare
persons who would otherwise not have
come under the jurisdiction of the justice
system (except for availability of the
diversion program)
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“new-generation
jail”
a
facility of “podular” architectural
design and with management
policies that emphasize staffinmate interaction and the
provision of services to inmates
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“podular unit”
 self-contained
living area for
from 12 to 24 inmates,
composed of private,
individual cells & open areas
for social interaction
each
jail has two or more
“pods”
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“direct
supervision”
a
method of correctional
supervision in which staff have
direct physical interaction with
inmates throughout the day
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“regional jail”

facility operated under a joint
agreement by two or more
governmental units (e.g., city +
county), with a jail board made up of
representatives from participating
jurisdictions and having authority
over policy, budget, operations, and
personnel
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“fee system”

a system in which jail operations are
to be paid on the basis of a flat
allocation per prisoner per day
problem:
creates an incentive for poor
jails & inadequate services, since the
allocation remains the same,
irrespective of the level of service
provided
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“pay as you go” jails (“user fees”)
some jails are experimenting with directly
charging inmates (who can afford it) at least
some of the costs of their “keep”
daily room
and board
“co-pay” for
nurse sick
call
“co-pay” for
medical
specialist
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special problems of
jail detainees
jail issues
mental
health
problems
substance
dependency
rights of
pretrial
detainees
legal needs
medical
needs
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problems of
jail administration
legal liability
42 USC §1983
jail
standards
(ACA)
jail
management
issues
personnel
matters
($, training,
conditions)
jail facilities
(outmoded &
expensive)
jail crowding
(crisis in ‘90’s)
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Jails: Detention and Short