Corrections and Forensics

Transcription

1 Corrections and Forensics Jenn Burdge, Tessa Yates, and Elise Jubeck Fall 2016

2 Table of Contents Table of Contents. 1 Definitions.. 2 History. 4 Locations 5 Populations 6 Common Disorders. 8 Special Needs. 12 Specific Tests. 13 TR Implications.. 14 Resources 17 References

3 Definitions Administrative confinement: refers to the individual detention or confinement of an inmate because he seriously violated the rules of the institution or he or she asked for protection from other inmates. Correctional Rehabilitation: is a process designed to help inmates become productive members of society. Corrections: the treatment of convicted offenders through a system of incarceration, rehabilitation, probation, and parole; the administrative system by which these are effectuated. The goal of correctional facilities is to prepare the incarcerated person to re-enter society. Death row: the individual detention person awaiting execution these inmates are housed in a separate area of the institution. Felony: a serious crime that is punishable in a state facility for one year or more. Fitness to Stand Trial: the idea that a criminal defendant should, in a just social system, be able to mentally participate in their trial as well as be physically present dates back to the roots of English common law. Un-fitness to stand trial therefore depends upon the presence of a mental disorder at the time of the trial. It is perfectly possible for a mental disorder to not affect fitness to stand trial but to affect criminal responsibility as the latter would be relevant only at the time that the criminal offence was committed. Forensic Patients: those who have been referred by the Courts for assessment or who have been declared as Not Criminally Responsible or Unfit to Stand Trial by the Criminal Justice System and admitted to a provincial forensic mental health system. Forensics: Where the law and medicine meet. It is the study, assessment, treatment, rehabilitation and management of mental disorders in relation to violent or aggressive behavior. Incarceration: the act of placing someone in confinement or prison. Institutionalization: a person becomes so dependent on the institution to satisfy his needs that he cannot survive psychologically, physically or emotionally without the institutional setting. Misdemeanor: a less serious crime that is punishable in a country or local facility for one year or less. Nonviolent crime: Crime that is perpetrated against property. Does not have a victim. Open population: refers to the individual detention or confinement of an inmate because he seriously violates the rules of the institution or he asked for protection from other inmates. 2

4 Probation: a pre-incarceration experience. After the offender has served a substantial portion of the sentence imposed by the court, he or she is released back to the community on a trial basis. Peaking: the moment that a person realizes that it is he that must change, not society or those around him now he or she can change their vital behaviors. Recidivism: relapse into criminal behavior. Self-concept: Domain-specific evaluations of the self. Those who are socially deviant generally have poor self-concepts. Threshold: a point, above or below, at which a person exceeds the norm of acceptable behavior. Violent crime: A crime that has a specific victim or potential victim. 3

5 History 1790: One of the first holding facilities in the United States was established: the Walnut Street Jail in Philadelphia Prior to 1900: Little or no recreation in prisons. Even though some prisons had libraries, inmates were not permitted to use them s: Recommendations were made at a Recreation in Correctional Institutions conference stating that recreation must be a distinct part of the correctional process. 1966: The importance of recreation in preparing an inmate for the outside world was recognized at the American Correctional Association congress 1980 s: Recreation much improved, but most activities were highly organized team sports Today: Recreation in correctional facilities ranges from rope courses to sports to music therapy 4

6 Locations The following gives a list of where corrections and forensics can be found: Community Release Centers: Inmates here are sent here about six months before being released into the community as a step down measure. Inmates often work a job 8 hours a day but then spend the rest of their time in the institution. The top priority here is to build job and life skills. Correctional Institutions: The number one priority here are rehabilitation programs. Most inmates here will eventually be released back into the community but are serving terms over one year. The programs here will focus on occupational skills, social skills and skills for coping with psychological distress. Jail: Have very few recreation programs due to the short-term nature of the inmates there. Mostly it is for holding persons awaiting trial or serving short sentences. A stay here is as short as 24 hours and may be as long as 364 days. The unlimited recreation options are aimed at releasing tension and energy. Juvenile Detention Centers : Largely used just to house juveniles who have had interaction with law enforcement. Many of the local facilities use recreation solely as a time to release tension and energy with very little therapeutic value. State facilities usually incorporate recreation into the rehabilitation process. Prison : Used to house the most high security risk inmates. There is often just one prison per state. At these facilities security is the main concern and limits recreation activities that are available. Only certain inmates would be able to do recreation. Treatment Centers: These are designed specifically with treatment of serious mental and behavioral problems in mind. The number one priority here is the treatment of inmates dysfunctions. Most inmates sent here are treated and then released back into the community. 5

7 Populations Characteristics of the Population Signs of serious psychiatric disturbance Come in conflict with the law May have committed relatively minor offenses Psychopath: usually normal in appearance but have emotional and behavioral dysfunctions; has clear perception of reality but feels no social or moral obligation to society. Sociopath: Displays asocial and antisocial behavior; is seldom confused with a normal person; often react out of shameless desires; often reclusive, and lack social skills. Four Main Categories of Mentally Ill Offenders 1. Not guilty by reason of insanity Plea in court of a person charged with a crime who admits the criminal act, but whose attorney claims he/she was mentally disturbed at the time of the crime and that the defendant had the incapacity to have intended to commit the crime. This plea requires that the court set a different trial with or without a jury to determine whether the defendant was mentally disturbed. Incapacity to have intended to commit the crime. Trial on issue of insanity alone. Not guilty may lead to incarceration in a mental facility for the criminally insane or confinement in a mental hospital. Psychological therapy is sometimes required as treatment depending on the state. 2. Incompetent to stand trial Refers to a person who is not able to manage his/her affairs due to a mental deficiency. Mental deficiencies can include lack of I.Q., deterioration, illness, or psychosis. Sometimes it can include physical disabilities. Refers to a person who has the inability to understand the nature of the trial. In these cases, the defendant is usually institutionalized until he/she regains sanity and can be tried. This ruling leads to the appointment of a guardian or conservator after the hearing in which the party is found incompetent. This guardian handles the affairs and estate of the defendant. Another reason for an individual being ruled as unfit is if there is a reference to evidence during the trial, which cannot be introduced because it violates various rules against being allowed. 6

8 3. Mentally disordered sex offender One of the mental illnesses that can actually be diagnosed is Paraphilia. Paraphilia is a medical or behavioral science term for what is also referred to as sexual deviation, sexual anomaly, sexual perversion or a disorder of sexual preference. It is the repeated, intense sexual arousal to unconventional (socially deviant) stimuli. Unconventional stimuli can involve a nonhuman object, a non-consenting partner such as a child, or pain and humiliation of oneself or one s partner. Found almost exclusively in males. Signs begin to show during early puberty and reaches full development by age of Mentally disordered inmate Either treated acutely within the prison or else released to a community based program. Dangerous Offender : indefinite incarceration of individuals who pose extreme risk to the public (usually sex offenders but other violent offenders as well). Long-term offender legislation was introduced in A Dangerous Offender finding would automatically result in indeterminate sentence. 7

9 Common Disorders This is a list of disorders that are commonly found among mentally ill inmates. Some disorders are not included. Mood Disorders A type of disorder characterized by a significant disturbance in a person s persistent emotional state or mood. Depression (see fact sheet on Depression) Bipolar Disorder (see fact sheet on Depression) Alcohol or Substance Abuse (see fact sheet on Substance Abuse) Psychotic Disorders Severe mental disorders that cause abnormal thinking and perceptions. People with psychoses lose touch with reality. Schizophrenia (see fact sheet on Schizophrenia) Personality Disorders A type of mental disorder in which you have a rigid and unhealthy pattern of thinking, functioning, and behaving. A person with a personality disorder has trouble perceiving and relating to situations and people. This causes significant problems and limitations in relationships, social activities, work and school. These disorders usually begin in the teenage years or early adulthood. There are many types of personality disorders. Some types may become less obvious throughout middle age. Borderline: a condition characterized by difficulties in regulating emotion. This difficulty leads to severe, unstable mood swings, impulsivity and instability, poor self-image and stormy personal relationships. People may make repeated attempts to avoid real or imagined situations of abandonment. The combined result of living with BPD can manifest into destructive behavior, such as self-harm (cutting) or suicide attempts. Symptoms include: Frantic efforts to avoid being abandoned by friends and family. Unstable personal relationships that alternate between idealization I m so in love! and devaluation I hate her. Distorted and unstable self-image, which affects moods, values, opinions, goals and relationships. Impulsive behaviors that can have dangerous outcomes, such as excessive spending, unsafe sex, substance abuse or reckless driving. Suicidal and self-harming behavior. 8

10 Periods of intense depressed mood, irritability or anxiety lasting a few hours to a few days. Chronic feelings of boredom or emptiness. Inappropriate, intense or uncontrollable anger often followed by shame and guilt. Dissociative feelings disconnecting from your thoughts or sense of identity, or out of body type of feelings and stress-related paranoid thoughts. Severe cases of stress can also lead to brief psychotic episodes. Antisocial: A mental condition, sometimes called sociopathy, in which a person consistently shows no regard for right and wrong and ignores the rights and feelings of others. People with antisocial personality disorder tend to antagonize, manipulate or treat others harshly or with callous indifference. They show no guilt or remorse for their behavior. Symptoms include: Disregard for right and wrong Persistent lying or deceit to exploit others Being callous, cynical, and disrespectful of others Using charm or wit to manipulate others for personal gain or personal pleasure Recurring problems with the law, including criminal behavior Impulsiveness Hostility, significant irritability, aggression or violence Lack of empathy for others Unnecessary risk-taking or dangerous behavior Poor or abusive relationships Failure to consider the negative consequences of behavior or learn from them Anxiety Disorders Anxiety disorders are a group of related conditions, and each with unique symptoms. However, all anxiety disorders have one thing in common: persistent, excessive fear or worry in situations that are not threatening. Anxiety disorders are the most common mental health concern in the United States. An estimated 40 million adults in the U.S., or 18%, have an anxiety disorder. Generalized Anxiety : A disorder that produces chronic, exaggerated worrying about everyday life. This can consume hours each day, making it hard to concentrate or finish routine daily tasks. A person with GAD may become exhausted by worry and experience headaches, tension or nausea. 9

11 Panic Disorder: Characterized by panic attacks sudden feelings of terror sometimes striking repeatedly and without warning. Often mistaken for a heart attack, a panic attack causes powerful, physical symptoms including chest pain, heart palpitations, dizziness, shortness of breath and stomach upset. Many people will go to desperate measures to avoid having an attack, including social isolation or avoiding going to specific places.symptoms may include: Sense of impending doom or danger Fear of loss of control or death Rapid, pounding heart rate Sweating Trembling or shaking Shortness of breath or tightness in your throat Chills Hot flashes Nausea Abdominal cramping Chest pain Headache Dizziness, lightheadedness or faintness Numbness or tingling sensation Feeling of unreality or detachment Obsessive-Compulsive Disorder: A mental disorder characterized by repetitive, unwanted, intrusive thoughts (obsessions) and irrational, excessive urges to do certain actions (compulsions). Although people with OCD may know that their thoughts and behavior don't make sense, they are often unable to stop them. Examples of obsessions: Fear of germs or contamination Unwanted forbidden or taboo thoughts involving sex, religion, and harm Aggressive thoughts towards others or self Having things symmetrical or in a perfect order Examples of compulsions: Excessive cleaning and/or handwashing Ordering and arranging things, such as repeatedly checking to see if the door is locked Compulsive counting Not all habits are compulsions. An individual with OCD: Can t control his or her thoughts or behaviors 10

12 Spends at least 1 hour a day on these thoughts or behaviors Doesn t get pleasure when performing the behaviors, but may feel brief relief from anxiety Experiences significant problems in their daily life due to obsessions and compulsions Post-traumatic Stress Disorder: A mental health condition that's triggered by a terrifying event either experiencing it or witnessing it. Symptoms last for months or even years and interfere with normal functioning. Symptoms may include: Flashbacks Nightmares Severe anxiety Uncontrollable thoughts about the even 11

13 Special Needs Special needs that need to be addressed in the correctional/forensic population. Mental Illness In 2015 the National Alliance on Mental Illness released statistics that said 1 in every 5 or about 18.5% of the American general population will suffer from mental illness within the year. While the Bureau of Justice Statistics (BJS) latest poll of mental illness within the prison system found that within state prisons 73% of females and 55% of males suffer from mental illness and the stats for federal prisons and local jails are 61% of females and 44% of males and 75% of females and 63% of males respectively. The rate of mental illness within the prison population is significantly higher than the rate of the general population. This large rate of mental illness is a special need that people within corrections and forensics need addressed. Safety The BJS also released statistics that stated that 20% of inmates in state prisons and 9% of inmates in local jails with mental illnesses had been injured in a fight since their admission whereas only 10% and 3% of their peers without mental illness could say the same. So by addressing mental illness we improve the safety of the inmates within the facility. Recidivism BJS released that almost a quarter of inmates with mental health problems have been to jail 3 times or more. Mental illness is a special need that must be addressed so that inmates can be fully rehabilitated and prevent any future incarcerations. Environment Jail is difficult for everyone, mental illness or not, for this reason those who are not quite in the healthiest mindset should receive special care. Stress is a common trigger for many mental illnesses. The stressful environment inmates are put in can influence deterioration, suicidal tendencies, and or psychotic episodes of those who are mentally ill. For this reason mental illness needs to be addressed in the prison systems to protect the health of all the inmates. Another statistic released by the BJS was that only a little over 1 in 3 inmates in state prison, 1 in 4 in federal prison, and 1 in 6 in local jails had been treated for mental illness while incarcerated. These statistics show that providing mental healthcare within the corrections system is much needed to improve all the inmates safety, reduce recidivism, and promote better mental health which translates to a higher quality of life. 12

14 Specific Tests Specific tests used to assess the inmate's mental health upon arriving at corrections. The National Commission on Correctional Health Care (NCCHC) has specific standards for each type of correctional institution, below is a generalized process for inmates upon intake. 1) Universal routine mental health screening performed by corrections staff during the initial intake or classification stage to identify which inmates may need specialized attention and or additional mental health screening Correctional Mental Health Screen (CMHS): There are two separate tests, one for women and one for men. The CMHS-W is 8 yes or no questions and the CMHS-M is 12 yes or no questions. Both have 6 questions on symptoms and history of mental health and both take around 3-5 minutes. Brief Jail Mental Health Screen ( BJMHS ): This screen has 8 yes or no questions and addresses current mental health along with history of hospitalization and medications for mental illness. It takes about 2-3 minutes 2) If the person screened answers 6 or more yes in CMHS-W, 5 or more yes in CMHS-M, or 2 or more yes in BJMHS they are referred to a more in-depth screening. This test is performed by a mental health professional within 24 hours of the initial screen. 3) If the person is recommended by the health care professional they will receive a full scale psychiatric evaluation. 13

15 TR Implications In order to understand where, why, and how Therapeutic Recreation is used in the corrections/forensics systems, it is important to understand a concept known as prison city. Prison City Prisons and correctional facilities are called prison city because they are similar to a typical community. Prisons have an education, political, and healthcare system, along with a parks and recreation department. Inmates like in cells which are referred to as their home and they have jobs. The majority of the individuals in a prison are considered part of the general population. The general population is simply a term used to cover those people that are not in a separate unit or receiving specific treatment. Recreational therapists do not work with individuals in the general population. A recreational therapist works in the healthcare system in prison city just as they would work in the healthcare system in any other community. They specifically work with mental health patients in psychiatric units. TR Process The APIE(D) process is used with individuals in correctional facilities similarly to how it is used with other populations. How a recreational therapist treats a patient is dependent upon their mental illness diagnosis. The APIE(D) process will vary depending on that diagnosis. There are three purposes of therapeutic recreation in the correctional setting: 1. Diagnostic. Diagnosis includes assessment and evaluation of an individual. The recreational therapist takes into consideration all aspects of the inmate s life, including the type of crime that was committed (violent or nonviolent). 2. Treatment. Treatment is dependent on the diagnosis of the individual and the type of crime that was committed. Treatment plans are designed to address the assessed individuals needs. Treatment focuses on: a. Stress and anger management b. Reality orientation c. Treatment of psychosocial dysfunction 14

16 d. Providing a sense of achievement and progress and channeling energies into acceptable forms of behavior e. Relaxation f. Exercise 3. Diversion. The therapeutic program is used to divert the inmate s mind from the tedious, serious, and harsh prison environment. Therapeutic activities allows the inmates to cope with the anger, frustration, or sadness they may feel on a daily basis. Goals and Objectives of TR The goals and objectives of therapeutic recreation in correctional settings are broad. The overall goal of TR is to prepare and assist individuals in the transition to community living by providing them with essential skills and knowledge through purposeful therapeutic activities. However, not all individuals will ever have the opportunity to leave prison. Recreational therapists should still provide these individuals with recreational activities that improve their quality of life in prison. Here are a few goals and objectives of correctional recreation according to the York Correctional Institution Manual: Provide structured positive alternatives which can be used to fill leisure time (especially during incarceration) Teach offenders leisure skills through example provide opportunities for inmates to channel and vent negative feelings of tension and anxiety into positive productive attitudes Relieve institutional stress (staff and inmates) Improve individual self-esteem Improve health and fitness levels Improve individual creativity (mental and physical) Improve positive socialization skills Keep inmates occupied and reduce illness Educate inmates of various game and sport rules and strategy Other goals and objectives include: Reduce criminal recidivism Develop occupational, behavioral, and recreational skills Develop strong social abilities Enhance self-esteem Foster new interests 15

17 Types of Recreation Found in Correctional Facilities Physical fitness and sports Social recreation Crafts and hobbies Visual arts Mental and physical self-awareness Music Drama and creative movement Spectator events Resources Local / State Utah Department of Corrections Mission statement on website: Our dedicated team of professionals ensures public safety by effectively managing offenders while maintaining close collaboration with partner agencies and the community. Our team is devoted to providing maximum opportunities for offenders to make lasting changes through accountability, treatment, education, and positive reinforcement within a safe environment. Utah State Hospital Forensic Services: The forensic services, housed in a secure building, serves 100 court-ordered individuals on four different units. Most of the individuals have been found by a judge to be Not Competent to Stand Trial. Treatment is to facilitate restoration of their competence. Programming includes educational services, medication management, substance abuse, anger management, and medical illness. Individuals adjudicated as Guilty and Mentally Ill receive treatment prior to serving their criminal sentence. As Utah is one of four states restricting use of the insanity defense, only a small minority of individuals have a status of Not Guilty by Reason of Insanity. Utah State Prison The Utah State Prison moved to its present location in Today, it houses approximately 4,500 offenders (male and female) in eight separate facilities. Inmates at the Utah State Prison are able, depending on their status and individual needs, to 16

18 engage in a variety of programs, including high school education, vocational training, sex-offender treatment and intensive residential substance abuse treatment. National American Correctional Association (ACA) Mission/Vision Statement on Website: The American Correctional Association shapes the future of corrections through strong, progressive leadership that brings together various voices and forges coalitions and partnerships to promote the concepts embodied in its Declaration of Principles. The American Correctional Association provides a professional organization for all individuals and groups, both public and private that share a common goal of improving the justice system. National Commission on Correctional Health Care (NCCHC) NCCHC's leadership in setting standards for health services in correctional facilities is widely recognized. Established by the health, legal and corrections professions, NCCHC's Standards present recommendations for the management of a correctional health services system. Written in separate volumes for prisons, jails and juvenile confinement facilities, plus a manual for mental health services and another for opioid treatment programs, the Standards cover the areas of care and treatment, health records, administration, personnel and medical-legal issues. These essential resources have helped correctional and detention facilities improve the health of their inmates and the communities to which they return, increase the efficiency of health services delivery, strengthen organizational effectiveness and reduce the risk of adverse legal judgments. Federal Bureau of Prisons Mission statement from website: We protect public safety by ensuring that federal offenders serve their sentences of imprisonment in facilities that are safe, humane, cost-efficient, and appropriately secure, and provide reentry programming to ensure their successful return to the community. National Institute of Corrections (NIC) Overview on website: The National Institute of Corrections (NIC) is an agency within the U.S. Department of Justice, Federal Bureau of Prisons. The Institute is headed by a Director appointed by the U.S. Attorney General. A 16-member Advisory Board, also appointed by the Attorney General, was established by the enabling legislation to provide policy direction to the Institute. 17

19 The NIC provides training, technical assistance, information services, and policy/program development assistance to federal, state, and local corrections agencies. They also provide leadership to influence correctional policies, practices, and operations nationwide in areas of emerging interest and concern to correctional executives and practitioners as well as public policymakers 18

20 References