ACA Policies and Resolutions.

Editor's Note: The existing policies printed below were reviewed, amended and approved for continuation.

Public Correctional Policy on Conditions of Confinement 

Introduction:

Juvenile and adult correctional systems must provide services and programs in an environment that promotes and protects public safety and the safety, rights and dignity of staff, volunteers, victims and those persons served by these systems.

Policy Statement:

Sustaining safe, secure and constitutionally acceptable conditions of confinement requires adequate resources and effective management of staff, operational procedures, programs, the physical plant and the offender population. To support safe, secure and constitutionally acceptable conditions, agencies should:

A. Establish and maintain a safe and humane population limit for each facility and housing unit therein based upon recognized professional standards;

B. Provide an environment that will support the health and safety of staff, volunteers and confined persons. Such an environment results from appropriate design, construction and maintenance of the physical plant as well as the effective and efficient operation of the facility and the provision of adequate and appropriate services for offenders;

C. Maintain a professional and accountable work environment for staff that includes job-specific training and supervision, sufficient staffing and effective deployment of staff to carry out the mission of the facility; and

D. Maintain a fair and structured environment that provide a range of gender- and culturally responsive programs and services appropriate to the needs and requirements of offenders in a climate that encourages responsible behavior and positive change.

Public Correctional Policy on Fiscal Responsibility for Correctional Legislation

Introduction:

The increase of and changing needs of the correctional population of the United States has resulted in crowded facilities and excessive workloads for staff of many correctional systems around the country. These conditions are due, in part, to state and federal mandates that do not consider the fiscal impact of compliance.

Policy Statement:

Adequate levels of funding are necessary to ensure that public safety and rehabilitation objectives are achieved and that adult and juvenile correctional agencies are operated in a safe, secure and constitutional manner. Implementation of sound correctional practices requires that institutional and community operations be adequately staffed and staff be properly trained. Correctional facilities and programs must have adequate resources to ensure that security, treatment and habilitation services are delivered cost-effectively in a safe and structured correctional environment.

The American Correctional Association supports funding to ensure sound correctional practice. There should be adequate funding to ensure that:

A. Appropriate remedies are available to accommodate the future growth in demand for prisons, jails, juvenile facilities, probation and parole services, intermediate sanctions and other correctional services;

B. Correctional programs and community human services are effectively coordinated;

C. Gender- and culturally responsive offender programming is provided to overcome barriers to successful reentry, reduce recidivism and provide restitution to victims and reparations to the community;

D. There are sufficient correctional personnel and physical space necessary to operate efficient and effective correctional programs;

E. There are sufficient community corrections resources to provide adequate supervision and services to offenders released to the community on probation and parole or other forms of community supervision; and

F. There are sufficient resources to provide for on-going program evaluation and for research into new and relevant services.

Public Correctional Policy on Higher Education 

Introduction:

The purposes of higher education include instruction, public service and research. Corrections can and does benefit from academic endeavors in each of these areas.

Policy Statement:

The field of corrections, in cooperation with higher education, should contribute to the improvement of the professional practice of corrections. Academic programs concerned with criminal justice, juvenile justice and corrections should:

A. Provide a pool of qualified candidates for correctional service, and assist in the delineation of dimensions of work responsibilities that may emerge as a result of changing social, economic, political and technological trends;

B. Promote understanding, both for correctional practitioners and for the public at large, of the complex social, ethical, political and economic factors that influence all areas of corrections;

C. Challenge assumptions about crime and corrections, and stimulate change when change is needed;

D. Partner with criminal justice, juvenile justice and correctional organizations to promote and support ethical standards in research, planning and evaluation in all areas;

E. Engage in public service related to corrections, including informational programs, volunteer programs and opportunities for training, such as internships and practicums to enhance the relationship between the academic community and correctional practitioners;

F. Support, through program and faculty development, the evolution of corrections as a distinct professional discipline;

G. Implement programs in corrections at the associate degree level that can serve as a minimum requirement for full professional status as a correctional employee, and as a minimum requirement for certification; and

H. Partner with correctional agencies to promote and facilitate all continuous learning initiatives for employees.

Public Correctional Policy on Private Sector Involvement in Corrections

Introduction:

Historically, correctional programs have been operated by public agencies, but there is ongoing use of public-nonprofit and/or profit partnerships (hereafter referred to as the private sector). Private sector organizations may have resources for the delivery of services that often differ from the public correctional agency.

Policy Statement:

Government has the ultimate authority and responsibility for corrections. For its most effective operation, corrections should use all appropriate resources, both public and private. Government should consider use of private sector correctional services and programs only when such programs or services:

* are needed;

* meet professional standards;

* ensure necessary public safety;

* provide the best value to the taxpayer; and

* are, equivalent to or better than those offered by the public sector.

While government retains the ultimate responsibility, authority and accountability for the offenders under its jurisdiction as well as for actions of private agencies and individuals under contract, it is consistent with good correctional policy and practice to consider outsourcing services that support the mission of correctional operations by:

A. Enhancing service delivery systems by contracting with the private sector when justified in terms of cost, quality, availability, effectiveness and ability to meet program objectives;

B. Using private sector organizations to develop, fund, build, operate and/or provide services, programs and facilities when such an approach: has a cost benefit, is effective as well as efficient, is gender- and culturally responsive, and is safe and consistent with the public interest and sound correctional practice;

C. Using the private sector to gather information and provide independent evaluation of process and performance measures of programs and services provided by or contracted for by public agencies; and

D. Using the private sector to enhance staff development, competency and professionalism through training, certification and continuing education of correctional practitioners.

Correctional agencies also should:

A. Continue to engage members of the private sector in an advisory role in the development and implementation of correctional programs and policies;

B. Ensure the appropriate level of service delivery and compliance with recognized standards through professional contract preparation and vendor selection, as well as effective evaluation and monitoring by the responsible government agency;

C. Indicate clearly in any contract for services, facilities or programs the responsibilities and obligations of both government and contractor, including but not limited to liability of all parties, performance bonding, and causal factors and procedures for contract termination;

D. Share information about successful public-private sector partnerships with other corrections practitioners; and

E. Evaluate the effectiveness of services, facilities and programs.

Public Correctional Policy on the Role of Corrections

Introduction:

In order to establish the goals and objectives of any correctional system, there must be a mission established that all members of the correctional community can use in goal-setting and daily operations.

Policy Statement:

The overall role of corrections is to enhance social order and public safety. Adult and juvenile correctional systems should:

A. Implement court-ordered supervision and the safe and humane detention of those accused of unlawful behavior prior to adjudication;

B. Assist in maintaining the integrity of law by administering sanctions imposed by courts for unlawful behavior;

C. Offer the widest range of correctional programs that are based on exemplary practices, supported by research and promote pro-social behavior;

D. Provide gender- and culturally responsive programs and services for detainees and adjudicated offenders that will enhance successful reentry to the community and that are administered within the least restrictive environment consistent with public safety;

E. Address the needs of victims of crime;

Routinely review and ensure that correctional programs are addressing the needs of correctional employees, the community, victims and offenders; and

Collaborate with other professions to improve and strengthen correctional services and to support the reduction of crime and recidivism.

Public Correctional Policy on Religious Faith and Practice

Introduction:

Correctional systems provide opportunities for religious faith and practice by confined persons. These opportunities, however, must not override the choice by some offenders of non-participation in such practices. Protection of religious beliefs and of their exercise is recognized in U.S. and Canadian constitutions and in other human rights documents.

Policy Statement:

Recognizing the existence of differing religious faiths, correctional systems must be guided by principles not only of voluntary participation, but of equity of opportunity for the practice of religions represented within the offender population. Limited only by reasons of security and order, institutions should:

A. Provide for direction and supervision regarding religious issues and activities by professionally qualified and trained chaplaincy and/or religious staff, including the use of volunteers for the delivery of programs consistent with the identified religious needs of the population being served;

B. Develop written policies and guidelines for decision-making and communication between chaplaincy staff and institutional administrators regarding religious faith and practice within the institution;

C. Provide appropriate facilities and support services needed for individual and group religious activities;

D. Allow the observance of periodic special or ritual activities requested by offenders and deemed essential by the respective religious judicatories or national offices of that religious group;

E. Permit access to chaplains by all offenders and staff;

F. Ensure that neither participation nor nonparticipation in religious activities affects evaluation processes or qualifications for other programs and opportunities by the offender;

G. Ensure that an offender's opportunity to practice religious faith is consistent with current statutes and case law;

H. Require that reasonable application of individual rights to exercise religious faith and practice be balanced against the necessity of maintaining safe and secure correctional facilities, accommodating religious differences among offenders of different faiths, and ensuring that such facilities are free of religious coercion; and

I. Document the reasons for restriction of offenders' participation in religious activities or programs, or for limitations of religious practices.

Public Correctional Policy on Staff Recruitment and Development

Introduction:

Knowledgeable, highly skilled, motivated and professional correctional personnel are essential to fulfill the role of corrections effectively. Professionalism is achieved through, but not limited to, structured programs of recruitment and enhancement of the employee's skills, knowledge and understanding of the corrections process.

Policy Statement:

Correctional staff are the primary agents for promoting health, welfare, security and safety within correctional facilities and community supervision programs. They directly interact with accused and adjudicated offenders and are the principal catalysts of change in the correctional process. The education, recruitment, orientation, supervision, compensation, training, retention and advancement of correctional staff must receive full support from the executive, judicial and legislative branches of government. To achieve this, correctional agencies should:

A. Recruit personnel in an open, unbiased and accountable manner to ensure equal employment opportunity for all qualified applicants regardless of gender, age, race, disability, religion, ethnic background, veteran status or political affiliation, and actively promote the employment of a diverse and multi-lingual workforce;

B. Screen applicants for job-related aspects of physical suitability, personal adjustment, emotional stability, dependability, appropriate educational level and experience. An additional requisite is the ability to relate to accused or adjudicated offenders in a manner that is fair and humane;

C. Select, promote and retain staff in accordance with valid job-related aspects that emphasize merit and technical competence. Voluntary transfers and promotions within and between correctional systems should be encouraged;

D. Comply with professional standards in staff development and offer a balance between operational requirements and the development of personal, social and cultural understanding. Staff development programs should involve the use of public and private resources, including colleges, universities, labor unions and professional associations;

E. Achieve parity between correctional staff and comparable criminal justice system staff in salaries and benefits, training, continuing education, performance evaluations, disciplinary procedures, career development opportunities, transfers, promotions, grievance procedures and retirement;

F. Encourage the participation of trained volunteers and students to enrich the correctional program and to provide a potential source of recruitment;

G. Promote corrections as a career choice in high schools, vocational schools and colleges and universities, and establish partnerships with career educational programs;

H. Develop a strategy to enhance the image of correctional employment as a desirable career and profession; and

I. Provide compensation and benefits for correctional personnel that will enhance recruitment and retention.

Editor's Note: The existing resolutions printed below were reviewed, amended and reaffirmed.

Resolution on Congressional Action Impacting Social Security

WHEREAS, preserving the solvency of the Social Security system is a vital issue facing the U.S. Congress;

WHEREAS, among the proposed reforms is mandatory coverage for all workers not now contributing to Social Security;

WHEREAS, the federal government prohibited public employees from joining Social Security when it was first formed and required them to establish independent systems to provide for their retirement security;

WHEREAS, to now force mandatory coverage on these people is a violation of the understanding established when the Social Security system was formed;

WHEREAS, these state systems are well-established and supported by tax dollars;

WHEREAS, the imposition of such new mandatory coverage would be an unfunded mandate on the public employer;

WHEREAS, such mandatory coverage would increase the solvency of the Social Security system by two years while having a negative impact on the retirement security of the members of existing public funds as well as future members;

WHEREAS, benefits provided by existing plans usually exceed Social Security;

WHEREAS, correctional employees meet extraordinary challenges and risks in their line of work, many of which negatively impact lifespan, mental health and lifestyle, and create stress;

WHEREAS, such a change would have a negative impact on the morale and service of public employees; and

THEREFORE BE IT RESOLVED that the American Correctional Association opposes any attempt to mandate the inclusion of public employees and their retirement systems in any Social Security reform.

Resolution on Office of Criminal Justice Health Care

WHEREAS, the American Correctional Association affirms that comprehensive health care includes prevention, intervention, education and treatment for physical, mental and behavioral health problems;

WHEREAS, many individuals involved with the juvenile and adult justice systems have or are at risk for communicable diseases and mental health and other health-related problems;

WHEREAS, a public health crisis is occurring in our nation and its juvenile and adult justice systems;

WHEREAS, applying public health prevention and intervention strategies in juvenile and adult justice systems is important for protecting and improving the health of offenders, staff and the community at large;

WHEREAS, providing timely assessments and appropriate services may result in the prevention of further spread of communicable diseases in the community;

WHEREAS, juvenile and adult justice staff of various disciplines can be exposed to these diseases in the course of their daily duties and placed at risk;

WHEREAS, there is a need to develop and sustain educational and immunization programs for persons in the adult and juvenile justice systems;

WHEREAS, the adult and juvenile justice systems have a responsibility to improve public health through the education, immunization, prevention and treatment of an at-risk population;

WHEREAS, there is no single source of information and resources dealing with the issue of juvenile and adult offender health care;

WHEREAS, there is a need for collaboration among the various components of the adult and juvenile justice systems and public health systems; and

THEREFORE BE IT RESOLVED that the American Correctional Association supports and urges the creation within the U.S. Department of Health and Human Services of an Office of Criminal Justice Health Care to coordinate health programs directed at populations under the jurisdiction of the adult and juvenile justice systems.

Resolution on the Use of Residential Substance Abuse Treatment (RSAT) Funding

WHEREAS, studies show that more than 50 percent of offenders were under the influence of drugs or alcohol at the time they committed the offense that led to their incarceration;

WHEREAS, without treatment offenders continue to use drugs and engage in criminal activities;

WHEREAS, the Residential Substance Abuse Treatment (RSAT) program was created by Congress in 1994 to address the high incidence of incarcerated persons with substance abuse problems;

WHEREAS, RSAT is the only federal program that provides funding for substance abuse treatment in secure correctional facilities;

WHEREAS, 90 percent of RSAT money can only be spent on drug testing and/or treatment within secure institutions;

WHEREAS, research has shown that continuity of treatment after release has proved to be one of the most effective ways to reduce recidivism and break the cycle of drug dependency;

WHEREAS, a number of states would like the flexibility to spend the RSAT money to provide continuity of treatment; and

THEREFORE BE IT RESOLVED that the American Correctional Association supports increased RSAT funding for correctional substance abuse treatment at all levels--federal, state and local, and

BE IT FURTHER RESOLVED that this funding should include the flexibility to be spent both during incarceration and during an offender's transition back into the community.

Editor's Note: Go to the Past, Present & Future section of ACA's Web site, www.aca.org, to view all of the current public correctional policies and resolutions.