Does Your Jail Pass the “Smell Test”? Part II: Staff
Recently I wrote a column for my blog “Tales from the Local Jail” titled “Does
Your Jail Pass the Smell Test”? I discussed certain aspects of jail life and services
that if not handled properly will make your jail “stink”. These aspects necessary
to escape liability under the Eighth Amendment that guards against cruel and
unusual punishment, per the U.S. Supreme Court, are: food, clothing, sanitation,
shelter, medical care, personal safety and recreation. If not afforded properly to
inmates in accordance with established case law, the jail can be held liable in a
civil action.
Now it is time for Part II: staff. Let’s talk about what staff can do to cause a
figurative odor in the facility. Problem staff members may display “red flags”-
warnings that you may see; giving you a chance to correct effectively deal with
the problem. Others may explode without warning and all of a sudden there is a
major problem.
According to Jeffrey Ian Ross, Associate Professor of Criminology at the University
of Baltimore, there are twelve primary types of correctional staff deviance. Some
are more severe than others, but they all can contribute to a climate of staff
incompetence and bad publicity (Ross, 2008).
Let’s look at each in detail (Ross, 2008):
- Improper Use/Misuse of Agency Equipment and Property: This can range from photocopying personal material to using agency vehicles for
personal use.
- Mishandling/Theft of Inmate Property: While officers must search inmate property in the battle against contraband, officers who steal
inmate property or intentionally mishandle or damage it must be
disciplined.
- Drinking and drug abuse on the job: Being hung over, drunk, or under
the effects of abusing drugs can negatively affect the job. Not only is
the officer less safe and alert, the staff and inmates who depend on
him for safety are in danger also.
- Accepting gifts: Correctional staff must be able to say “no” and not
accept favors and gifts from inmates and any businesses. This shows
favoritism and weakness-staff can be “bought”.
- Discrimination: This can appear ugly. Tax paying citizens will be upset
when they hear reports of correctional staff being members of groups
such as the Ku Klux Klan or the Aryan Brotherhood. If inmates are
mistreated, are injured or die because of bigoted, racist staff, how can
anyone view the jail as safely and professionally run?
- Abuse of authority: Correctional staff members are in positions of
power, and cannot let that “go to their heads”. If jail staff members
verbally harass inmates, embarrass them, humiliate them, and grant
favors to certain inmates and mistreat others, this will result in a
negative jail climate and ill feelings among the inmate population.
- General boundary violations: Jail staff must be able to resist
manipulation by inmates. This must be part of a comprehensive
training program for sworn and non-sworn staff. Inmates are great
schemers and have lived their lives by using people. Staff must be
aware of this and learn techniques to resist manipulation.
- Sexual harassment of colleagues: Sexual harassment means a hostile
work environment. A jail should be a professional place to work
without staff making unwanted sexual advances, date requests, sexual
jokes, etc.
- Smuggling contraband: Contraband in the hands of inmates is
dangerous for all. Staff who smuggle in drugs, weapons, cell phones,
etc. should be fired.
- Theft of facility property: If staff is stealing office supplies, food, etc.
this sends a bad image to the public-it says that such officers are not
any better than the inmates.
- Sexual misconduct: It is hard to understand why staff becomes
intimately involved with inmates for two reasons: first, it is against
the law as most if not all states have criminal statutes against carnal
knowledge of offenders in custody. Second, considering the lifestyle
and the physical and mental health problems of inmates (intravenous
drug use, alcohol abuse, mental health problems, communicable
diseases, poor hygiene, etc.) why would any correctional staff member
risk his or her health and well-being? There are some red flags that
can clearly indicate that a staff member is heading down the “slippery
slope” of sexual misconduct including: flirting with inmates, neglecting
duties to socialize with inmates, absences off post for long periods of
time, accepting and sending notes to inmates, accepting gifts from
inmates, coming in on days off to see an inmate, calling inmates by
nicknames, inmates using the staff member’s first name, getting overly
“made up”, or being seen in out of the way areas with an inmate. I am
sure that you can think of others. It is important to have blunt, plain
talks to staff about sexual misconduct, combined with a warning about
criminal charges, disciplinary action and termination from the job. In
other words-a zero tolerance policy must be in place.
- Violence Against Inmates: This “smell” will arise when the public
reads about jail officers injuring inmates through physical beatings
and misuse of restraints. According to Ross-and it makes sense-most
violent acts against inmates by correctional staff are psychological.
These include: tearing up mail, searching more often than necessary,
denying privileges, etc., all showing the inmates “who is in charge”.
When this attitude turns physical-trouble results. In class, I discuss
examples of jail officers being criminally convicted and losing their
careers and their freedom because of physically abusing inmates.
One example is the Oklahoma jail officer who in 2012 pleaded guilty
in federal court to excessive force, violating the civil rights of an
inmate, falsifying records and making false statements to the FBI.
The officer was 26 years old-and his law enforcement career is over
(Muskogeephoenix.com, 2012).
Oh-and let’s not forget this category: “Glued to the chair”: Jail inmates
will take advantage of staff laziness. Does your jail have officers that do
their required checks in a lazy, halfhearted manner? Does it appear that
they are “glued” to their post chair? Inmates will take such opportunities
of staff laziness to do several things, none that put the jail in a good light:
manufacture/smuggling of contraband, sexual and physical assault on other
inmates, work on escaping and unfortunately, suicide.
Is anyone in your jail paying attention to what staff is doing? Do we see
warning signs of some staff behaving in the ways I just described? Are
supervisors counseling officers, taking disciplinary action and communicating
to staff what will happen when they behave in such negative ways?
If you are a jail staff member and see the bad behaviors that have been
discussed in this article, you must let your supervisors know. Is the smell
going to get worse? Are you going to eliminate the source of the smell, or just
ignore it? If you ignore it, it will not go away.
References:
-
Former jailer pleads guilty to assault of inmate. May 17, 2012. Phoenix Staff
Reports. Muskogeephoenix.com. http://muskogeephoenix.com (Accessed May
19, 2012).
- Ross, Jeffrey Ian Ph.D. (2008). Special Problems in Corrections. Upper Saddle River:
Pearson Prentice Hall.