ACA policies and resolutions for member input.

Editor's Note: The following proposed policies were approved for entry into the policy development process:

Public Correctional Policy on Racial Disparity in the Detention and Correctional Systems

Public Correctional Policy on Restoration of Voting Rights for Offenders

Public Correctional Policy on Offender Sexual Assaults in Jails, Prisons, Adult and Juvenile Facilities and Community Supervision

Public Correctional Policy on Staff Sexual Misconduct With Offenders

They are printed below for member review and comment. Comments should be sent to: Gabriella Daley-Klatt, Director, Communications and Publications, American Correctional Association, 4380 Forbes Blvd., Lanham, MD 20706; fax [phone]; [e-mail]. Please submit comments by Dec. 1, 2004.

Public Correctional Policy on Racial Disparity in the Detention and Correctional Systems

Introduction:

The American Correctional Association acknowledges that racial disparity exists within adult and juvenile detention and correctional systems. This contributes to the perception of unfairness and injustice in the justice system.

National research indicates that juveniles and adults of color are overrepresented in secure detention and correctional facilities compared to their proportion within the general population. These findings underscore the need for expanded prevention, early intervention and alternatives to confinement in individual communities and culturally responsive programming in juvenile and adult detention and correctional systems.

Policy Statement:

ACA recognizes that correctional agencies do not control the number of people of color who enter juvenile and adult facilities. ACA encourages detention and correctional systems to examine their existing policies, programs and practices to identify decision points where racial inequities exist. Juvenile and adult correctional agencies that have responsibility for community-based programs should work with the judiciary, other governmental agencies and community organizations to develop and implement culturally responsive intervention programs on the front and back end of the correctional systems to minimize the number of people confined in detention and correctional systems consistent with public safety.

Correctional systems should gather and disseminate data and information to all criminal justice agencies about the extent of the disparity. Detention and correctional agencies should use this information and work collaboratively with other components of the criminal justice system and non-justice, community-based service providers and organizations to develop systemic solutions.

Further, ACA recommends that detention and corrections agencies should:

A. Support the Office of Juvenile Justice and Delinquency Prevention's Disproportionate Minority Confinement Initiative that encourages states to identify the problem, assess the reasons for the problem, and develop mitigating strategies.

B. Work with the judiciary, probation, detention intake and other governmental agencies to develop objective screening tools for use in detention decisions to minimize disparity in the confinement of youths and adults of color.

C. Collaborate with the judiciary, other governmental agencies and community organizations in the development of prevention and early intervention programs to strengthen the protective factors that reduce juvenile and adult crime.

D. Develop and expand culturally responsive programming that addresses the needs of people of color.

E. Collect and maintain statistics on racial disparity in juvenile and adult case processing, in admissions to detention and corrections facilities and in community programs. Report to the judiciary, legislative and executive bodies, and system agencies relevant data and information on the decision points where disparity is apparent and develop and implement strategies that minimize racial disparity.

F. Recruit and advance a qualified and diverse work force to provide professional role models to all offenders held within detention and correctional systems.

Public Correctional Policy on Restoration of Voting Rights for Offenders

Introduction:

While millions of people convicted of crimes are expected to become responsible citizens after being discharged from correctional supervision, they are excluded from exercising their civic rights because they are banned from voting in many jurisdictions. The laws that prohibit offenders from voting even after they have been discharged from correctional supervision disenfranchises millions of citizens. These laws frustrate the offenders' attempts to re-enter society successfully at the completion of their sentence, they reduce the offenders' ability to be rehabilitated, they reduce the voting constituency, and they disproportionately exclude a large number of people of color from participating fully in society. It is estimated that nearly one and a half million African-American men are disenfranchised and more than six hundred thousand women have lost the right to vote. (1)

There are 14 states in the United States that have laws that can result in a permanent loss of voting rights even after the sentence has been completed. (2) Other states have developed processes to restore voting rights, but many offenders are unaware of them. In many jurisdictions, former offenders have been unable to vote because they did not present the proper documentation or because the processes are often very cumbersome and have the effect of discouraging voting.

More and more states in the United States are relaxing their bans and expanding offenders' right to vote. (3) In 2003, the American Bar Association approved new standards calling on jurisdictions not to prohibit people who are serving a community-based sentence from voting because this practice places barriers on the offenders' ability to integrate into society, thus contributing to their re-offending.

Findings from a public opinion poll indicated that many Americans support giving offenders the right to vote in certain circumstances. Eighty percent of Americans favored the restoration of the right to vote for those who have completed their sentence and who are living in their community. (4)

These trends reflect a growing sentiment by the public and by individual states to modify the voting exclusions regarding former offenders.

Policy Statement:

The American Correctional Association recognizes that voting is a fundamental right of a democracy and it considers a ban on voting after an offender is discharged from correctional supervision contradictory to the goals of a democracy, of the rehabilitation of the offenders and of their successful re-entry once they have completed their sentence.

Therefore, ACA advocates for:

A. The automatic restoration of voting rights for former offenders once they have been discharged from correctional supervision;

B. The development of protocols by federal, state and local correctional agencies that inform inmates near their release about the means by which their voting rights will be restored and provide assistance to ex-offenders in completing the restoration process to regain their civil rights; and

C. The development of procedures that permit eligible ex-offenders to vote in elections after filing a completed registration application and signing a voter affidavit.

(1) Goldberg. D. 2004. The Brennan Center for Justice. New York University School of Law (February).

(2) Right to Vote. A National Campaign to End Felony Disenfranchisement (March 2004).

(3) Goldberg, D. 2004.

(4) Harris Interactive. 2002. A regular monthly telephone survey conducted by Harris Interactive of a nationally representative sample of 1,000 adults 18 years of age or older. Telephone numbers were generated using a random-digit-dialing selection procedure to maximize the representation of people in households who are listed and not listed in telephone directories within the 48 continental United States and the District of Columbia. The survey has a 4 percent margin of error.

Public Correctional Policy on Offender Sexual Assaults in Jails, Prisons, Adult and Juvenile Facilities and Community Supervision (1)

Introduction:

The American Correctional Association considers sexual assaults against individuals confined in a jail, prison, adult or juvenile detention or correctional facility or on community supervision to be wrong and a violation of its Code of Ethics and Declaration of Principles.

Correctional professionals have a responsibility to those they serve to provide a safe environment within which offenders are supervised. Sexual assault of offenders-on-offenders is inhumane and can contribute to the spread of infectious diseases within detention and correctional facilities and to the community upon release.

All offenders, especially adults and juveniles diagnosed with mental illnesses and young first-time offenders are at an increased risk of sexual victimization. These victims of sexual assault suffer severe physical and psychological effects that hinder their successful re-entry.

The Supreme Court has ruled that deliberate indifference to the substantial risk of sexual assault violates inmates' rights under the Cruel and Unusual Punishments Clause of the Eighth Amendment. (2) The Prison Rape Elimination Act of 2003 is designed to systematically study the prevalence of offender-on-offender and staff-on-offender assault and to propose standards for preventing these acts. The act contains provisions that require withholding portions of federal funds from correctional agencies if they fail to comply with standards set by the attorney general of the United States.

Policy Statement:

ACA recommends the following strategies to detention and correctional agencies:

A. Establish, publicize and enforce a zero-tolerance policy regarding all forms of sexual assault;

B. Establish relationships and protocols with outside law enforcement and health care agencies to facilitate the prosecution of assailants and reporting of all instances of sexual assault to the proper authorities for investigation and possible criminal action;

C. Foster an environment in which the reporting of alleged sexual assault behavior is encouraged and reports may be made without fear of reprisal;

D. Provide training to offenders, inmate and detainees on how to protect themselves against sexual assault.

E. Provide orientation and ongoing in-service training to staff, volunteers and contractors, emphasizing the zero-tolerance policy and explaining state law, case law, administrative policies on the issue and the skills needed to effectively manage offenders;

F. Develop supervision policies and procedures within detention and correctional facilities that minimize the potential for sexual assault to occur and policies that serve to protect the victim and prevent repeat occurrences;

G. Establish investigative policies and procedures that include the processes for reporting and investigating allegations involving sexual assault, including appropriate measures to protect the complainant during an investigation;

H. Establish mental health and medical protocols for treating the complainant, including initial screening and appropriate follow-up treatment.

I. Maintain adequate and appropriate levels of staff to protect inmates against sexual assault;

J. Establish a systematic process for the collection of data that document the number of sexual assault allegations, the nature of each allegation and the resolution of the allegation;

K. Develop effective correctional strategies, such as meaningful programs that provide constructive activities, and increase staff and inmate safety; and

L. Promote effective facility design that enables direct lines of sight within housing units.

(1) This policy focuses on sexual assault of offenders on offenders. The ACA proposed Policy on Staff Sexual Misconduct With Offenders addresses staff sexual misconduct with offenders.

(2) Farmer v. Brennan, 511 U.S. 825 (1994)

Public Correctional Policy on Staff Sexual Misconduct With Offenders (1)

Introduction:

Staff sexual misconduct is an issue of great concern for the corrections profession. Staff sexual misconduct with offenders in correctional environments is wrong and is unlawful in all but two states. It erodes the public's confidence in the corrections field. Staff sexual misconduct with offenders should be unlawful in all states. Sexual misconduct is defined as any behavior or act of any sexual nature directed toward an inmate, detainee or an offender, by an employee, vendor, contractor, volunteer or any other agency representative.

Sexual misconduct includes, but is not limited to, committing or attempting to commit acts such as sexual assault, sexual abuse, sexual harassment, sexual contact, obscenity, unreasonable and unnecessary invasion of privacy, behavior of a sexual nature or implication, and conversations or correspondence suggesting a romantic or sexual relationship. Sexual misconduct may occur between individuals of either sex and may involve interactions between staff and inmates of the same sex.

Sexual misconduct in correctional environments:

Violates the constitutional rights of detainees/offenders;

Jeopardizes facility and operational security;

Exposes the entire agency and staff to civil and criminal liability;

Creates a hostile work environment;

Destroys trust among staff and detainees/offenders;

Corrupts professionals by inviting dishonesty and compromise;

Reflects poorly on the dedicated professionals who work in corrections;

Victimizes those already vulnerable due to their susceptibility to inappropriate behavior, their history of abuse and their subordinate position;

Undermines the public support and trust of the agency, facility and staff; and

Violates the American Correctional Association's Code of Ethics.

Policy Statement:

ACA believes that any contact of a sexual nature between an employee or someone acting on behalf of, or in cooperation with, a correctional agency with a detainee, inmate or offender is wrong and should be unlawful in all states. ACA believes that there can never be "consensual sex" in a custodial or supervisory relationship. Any sexual conduct between employees or agents and offenders is inconsistent with the professional and ethical principles of ACA. ACA advocates for the prompt reporting and thorough, professional investigations of all allegations of misconduct by those with the responsibility and authority to handle such matters. The agency's response should include referral for administrative and/or criminal prosecution consistent with departmental policy and state and federal statutes.

ACA recommends that correctional agencies adopt the following strategies to reduce sexual misconduct:

A. Support and/or strengthen legislation making sexual contact with offenders/detainees a felony offense;

B. Establish mental health and medical protocols addressing investigative procedures;

C. Report all instances of sexual misconduct to the proper authorities for investigation and possible criminal action;

D. Foster an environment in which the reporting of alleged sexual misconduct behavior is encouraged and reports may be made without fear of reprisal;

E. Establish, publicize and enforce a zero-tolerance policy regarding all forms of sexual misconduct;

F. Develop and adopt specific, clear and concise policies and definitions that clarify interpretations of the term "sexual misconduct" and that provide clear direction for the agency's response to violations of the policies;

G. Develop policies and procedures that clearly explain the investigative process to staff and offenders, including policies on transfer and movement or separation of the people alleged to be involved;

H. Provide orientation and ongoing in-service training to staff, volunteers and contractors emphasizing the zero-tolerance policy and explaining state law, case law, administrative policies on the issue and providing the skills needed to effectively manage offenders;

I. Provide appropriate orientation to anyone having contact with offenders;

J. Provide intensive training, resources and support for personnel assigned to investigate allegations of sexual misconduct;

K. Provide detainee/offender orientation and ongoing education on staff sexual misconduct that includes information on the zero-tolerance policy, how to report allegations, how to obtain medical and mental health services, how to seek relief against retaliation for reporting allegations, and possible disciplinary actions for making false allegations;

L. Establish partnerships with prosecutors, medical providers, mental health providers and others who can provide advice, support and direct services to detainees/offenders who are victims of staff sexual misconduct; and

M. Establish a systematic process for the collection of data that document the number of sexual misconduct allegations, the nature of each allegation and the resolution of the allegation

(1) This policy focuses on staff sexual misconduct with offenders. ACA's proposed Policy on Offender Sexual Assaults in Jails, Prisons, Adult and Juvenile Facilities and Community Supervision addresses offender-on-offender sexual assaults.

Amended and Approved Policies

Editor's Note: The existing policies listed below were reviewed, amended and approved for continuation. The policies can be viewed on ACA's Web site www.aca.org.

Public Correctional Policy on Drug-Free Work Force

Public Correctional Policy on Handgun Control

Public Correctional Policy on Incarceration of Undocumented Aliens

Public Correctional Policy on International Staff Exchange

Public Correctional Policy on Nonsmoking Policies

New Resolutions

Editor's Note: The following Resolution on Supporting Indian Country Corrections, Resolution on the Prison Rape Elimination Act of 2003 and Resolution on Representation at the United Nations Crime Congress were adopted by the Delegate Assembly.

Resolution on Supporting Indian Country Corrections (1)

WHEREAS, there are approximately 560 federally recognized Indian nations throughout the United States and there are only 206 law enforcement programs in Indian Country; and

WHEREAS, there has been a significant increase in crime on Indian reservations according to the Bureau of Indian Affairs (BIA) Annual Office of Law Enforcement Crime Report; and (2)

WHEREAS, there are currently 74 detention facilities located in Indian Country operated by the BIA or Indian nations and all have been found to be in noncompliance with BIA's standards for operation, which are based on nationally recognized detention standards; and (3)

WHEREAS, some Indian nations lack adequate revenues to maintain and improve correctional facilities and ensure that adequate programming and alternatives to incarceration are available; and

WHEREAS, it is the inalienable right of these nations' governing bodies to govern themselves, which includes the establishment of law enforcement programs and detention facilities; and

WHEREAS, the federal government has traditionally provided aid to Indian nations for improvements to their law enforcement programs and detention facilities;

THEREFORE BE IT RESOLVED that the American Correctional Association (ACA) calls upon Indian Country and the federal government to improve detention facilities, programs and alternatives to incarceration in order to meet the standards adopted and promulgated by the ACA Standards Committee and/or exemplary practices.

(1) "Indian Country" is a term used by the Bureau of Indian Affairs, U.S. Department of Interior and other government agencies meaning all Indian tribes in the United States.

(2) Part One Offenses have increased by 17.8 percent and Other Than Part One Offenses have increased 25.2 percent from 1999-2002

(3) U.S. Department of the Interior, Office of the Inspector General, Indian Country Detention Facilities, April 2004.

Resolution on the Prison Rape Elimination Act of 2003

WHEREAS, the Prison Rage Elimination Act of 2003, signed into law on Sept. 3, 2003 (Public Law No: 108-79), is designed to systematically study the prevalence of offender-on-offender and staff-on-offender sexual assault and proposes standards to prevent these acts in our nation's criminal justice systems;

THEREFORE BE IT RESOLVED that the American Correctional Association fully supports this research; and

BE IT FURTHER RESOLVED that the American Correctional Association urges correctional agencies to fully participate in these research studies and to offer the U.S. Congress and the Department of Justice assistance in implementing this legislation and in addressing any problems that have been identified.

Resolution on Representation at the U.N. Crime Congress

WHEREAS, the Standard Minimum Rules for the Treatment of Prisoners, approved by the U.N. Economic and Social Council in 1955, is the prototype for international models, standards, norms and guidelines affecting the administration of criminal justice; and

WHEREAS, the U.N. Congress on the Prevention of Crime and the Treatment of Offenders is a significant global forum within which to disseminate research, information and share practical experience and expertise on criminal justice practices throughout the world; and

WHEREAS, the scope of the U.N. Crime Congresses has broadened from the early focus on penology and treatment of juvenile offenders to include issues such as the relationship between crime control and social and economic development and international responses to transnational crime; and

WHEREAS, U.N. Crime Congresses bring together representatives of the world's governments, specialists in crime prevention and criminal justice, scholars with noted international expertise and members of intergovernmental and non-governmental organizations; and

WHEREAS, the recommendations from the U.N. Crime Congresses, issued through the Commission on Crime Prevention and Criminal Justice, impact on the legislative bodies of the United Nations--the General Assembly and the Economic and Social Council--and the criminal justice policies and practices of national and local governments; and

WHEREAS, the U.N.'s Eleventh Congress on Crime Prevention and Criminal Justice will take place in Bangkok, Thailand, April 18-25, 2005;

THEREFORE BE IT RESOLVED that the American Correctional Association urges all governments that send representatives to the U.N. Crime Congresses, the U.N. Crime Commission and related bodies include individuals with practical corrections expertise in their delegations; and

BE IT FURTHER RESOLVED that the American Correctional Association urges all representatives to the U.N. Crime Congress, the U.N. Crime Commission and related bodies to pursue internationally recognized best practices consistent with U.N. and ACA standards for the treatment of offenders.