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JANUARY/FEBRUARY 2017 VOL. 26 NO. 1
Behind the Food Scene Good Hygiene & Hot Flavors No Cash Vs. Cash Bail
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Corrections Forum
The Current Situation Mental Health in Corrections
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CORRECTIONS
FORUM
Publisher & Executive Editor
Thomas S. Kapinos Assistant Publisher
Jennifer A. Kapinos
JANUARY/FEBRUARY 2017
Associate Publishers Art Sylvie Peggy Virgadamo (480) 816-3448 asylvie@cox.net
6 10 18 24 32 37 41
(718) 456-7329 pegpaulv@aol.com
West
The Pulse
Northeast Central U.S. Sales Managers Bonnie Dodson (828) 479-7472
Editor-in-Chief
Donna Rogers
ACA & APPA Conferences New Technologies
Contributing Editors Michael Grohs, Kelly Mason, Bill Schiffner, G.F. Guercio Art Director
Jamie Stroud
The Current Situation: Mental Illness in Corrections Securing Prisoners... On the Move
CORRECTIONS FORUM (ISSN10729275) is published bi-monthly by: Criminal Justice Media, Inc 565 Pier Avenue PO Box 213 Hermosa Beach, CA 90254 (310) 374-2700 Send address changes to:
CORRECTIONS FORUM
Behind the Food Scene: Banishing Discontent & Foodborne Illness
No Cash Vs. Cash Bail Release
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Criminal Justice Justice Media, Media, Inc Criminal Inc PO Box Box 213 213 PO Hermosa Beach, Beach, CA CA 90254 90254 Hermosa Established: 1992 1992 Established: Issues Per Per Year: Year: 6 Issues
P Publisher’s ublisher’s SStatement tatement INDUSTRY/FIELD SE ERVED — CORRECTIONS FORUM serves the field of corrrectio onal facilities administration in federa al and state priisons - city, county, municipal and military jails, youth detention facillities, probation, parole and other private facilities allied to the field.
IIndividuals ndividuals by by name name and and ttitle itle ea and/or nd/or ffunction…………….11,827 unctiion…………….11,827 QUALIFIED Q UALIFIED R RECIPIENTS ECIPIENTS B BY YT TITLE ITLE — Warden, Superintendent, Director, Unit Manager, Jail/Detention Administrator/Coordiinator, Food Service Director and Administrator, Purchasing Agent, Business Manager, Controller, Commissioner, Corrections Planner, Commissary Operator, Health/Mediical Adm ministrato or/Director, Justice Arch chitect, Public Information Offfficer, Accrrediitation/Classification/Disciplinary/Training and Education Manager, Indu ustry Co onsultant, Engineer/Building & Grounds Management Personnel Working in Fedeeral and State Pri risons and Cittyy, County, Municipal Jails and Military Brigs, Youth Detention Centers as well as Private Faciilities and Services Allied to the Field. M edical/ Mental Health Health Administrator Administrator – 3.4% Medical/Mental 3.4%
Commissioner, Commissioner, SSecretary, ecretary, Ombudsman, Ombudsman, Inspector General Inspector G eneral – 6.9% 6.9%
Justice Justice Architect, Architect, Correction Correction Consultant Consultant & Technologist 3.4% Technologist – 3.4%
Warden, Superintendent & Director – 12.1%
Corrections Planner, C orrections P lanner, Business Manager, B usiness M anager, Purchasing Agent P urchasing A gent – 4.0% 4.0% Food Service Serrvvice Director, Director, Food Commissarry y Operator Operator – 2.1% 2.1% Commissary
Jail/Detention Administrator, Sheriff – 33.7%
Supervisor, Supervisor, Department/ Department/ Unit Unit Manager, Manager, Security Security Chief Chief – 34.4% 34.4%
Jail Jail M Management anagement = 33.7% 33. 3 7% New England Middle Atlantic East No. Central Weest No. Central South Atlantic East So. Central
2% 11% 14% 8.7% 22% 5%
C Corrections orrectiions M Management anagement = 6 66.2% 6.2% Weest So. Central Mountain Pacific
13% 15.9% 7.9%
United States Territories
99.6% 0.3%
I hereby attest and confirm that the data herewith in contained are accurate. Thomas S Kapinos, publisher
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Dated: January 2017
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INDIANA REENTRY PILOT The Lawrence County Jail in Indiana has been chosen to participate in a state pilot project called Recovery Works Jail ReEntry Program, according to local radio station WBIW. The goal of the program is to connect offenders to services they need to be successful. The targeted population will be inmates to be released within 90 days, and it is designed so that inmates participating in the program will be housed together in the same section of the jail. Group skills and skill development groups will be evidence based and treatment access will be offered daily.
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Post-release, those that participated in the program will be eligible for recovery and employment coaching. Recovery Works follows sweeping changes to Indiana's criminal code which took effect last year that are sending more low-level, nonviolent felony criminals to community corrections and jails.It will target those with substance abuse and mental health issues. Based on the daily population at the jail on Nov. 3, 2016, 73 percent of the 137 inmates at that time had either a substance related offense or known mental health diagnosis. By tackling mental health and substance addiction issues in the County, Sheriff Branham and Cen-
terstone officials are hoping to advance recovery and transition offenders back into the community to live healthier, successful lives, rather than returning to the criminal justice system. Officials hope to serve 24 men and 8 women in the first six months of the program and an additional 24 men and 8 women in the second and subsequent six months.
COLORADO JAIL DEATHS DOUBLED FROM 2011 TO JUNE 2015 The number of people who died in Colorado's jails more than doubled in four years, following a national trend of a rising death toll among inmates in city and county
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jails across the country, according to the January 17 issue of The Gazette. Jail deaths in Colorado grew from 11 inmates in 2011 to 24 in 2015, according to data compiled by The Denver Post. During the same period, Colorado's jail population declined. Colorado does not require county jails to track their in-custody deaths, and there is no statewide reporting system. The federal government has a law instructing jails to report their in-custody deaths, but the number of Colorado counties that report the information annually is inconsistent. Unlike prisons, jails often house suspects who have not been convicted of a crime, and sheriffs and
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their deputies are responsible not only for protecting the public from inmates but for keeping inmates safe—from themselves and others, according to the article originally reported by The Denver Post. "These people are in public custody and when they're dying the public has a right to know: A) it's happening and B) why it's happening," said Eric Heipt, a Seattle lawyer who has sued jails across the country over inmate deaths, including in Colorado. "How can the public ask for change for injustices if they're kept in the dark about these things?" After a series of deaths inside Front Range jails in early 2016, The Denver Post sent open-records re-
quests to Colorado's 64 sheriffs in an attempt to answer the question of how many people die behind bars in Colorado's jails and why they die. Experts suggested a variety of factors, including a heroin epidemic, jails filled with mentally ill people, inadequate training for deputies, private health care companies motivated by profits, and state and federal laws that have few requirements when it comes to protecting those who are incarcerated. Those who follow criminal justice issues said if no one knows the basic information of how and why people die in jails, it is difficult to fix persistent problems with inmate care. In Colorado, county sheriffs
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are responsible for the jails and the inmates inside, most of whom are awaiting court hearings and have not been convicted of their charges. Sheriffs and deputies interviewed by The Post said they do their best to care for inmates, despite the challenges of mental health issues, addiction and an overall lack of health care many have experienced on the outside. "We do everything possible so when you come in you don't leave worse than when you came in," said Jeff Goetz, jail division chief at the Boulder County Sheriff's Office. "When you have someone that dies on your shift, that's pretty significant. The people that work in here take it very personally. They're people under their watch that they're supposed to be caring for." The Post analysis found 117 people died in jail between January 2010 and June 22, 2016. Of those, 58 died of medical or health issues and 48 died by suicide. Others had undetermined causes of death or died by homicide. But a death because of a medical issue can be deceiving. For example, the Arapahoe County Sheriff's Office reported that Jeffrey Lillis, 37, died of sepsis caused by bacterial pneumonia, but a lawsuit filed by his family in December says he died because the jail's medical staff denied care. It's also possible some deaths are not reported by sheriffs because there is not a specific definition of "in-custody." And, sometimes, inmates who are sick or injured in jail are given a personal recognizance bond, and their deaths are not recorded as in-custody. That's what happened in March 2016 to 41-year-old Joseph Jaramillo. He fell ill inside the Pueblo County Detention Center 8 CORRECTIONS FORUM • JANUARY/FEBRUARY 2017
after being jailed on probation violations and a burglary charge. His family could not afford a cash bond. While he was hospitalized in critical condition and on life support, he was given a personal recognizance bond and was released from custody. He died a day later. "Why would he get a PR bond?" said his mother, Syliva Jaramillo. "It's because they don't want responsibility." The federal Death in Custody Reporting Act of 2000 requires local jails to report in-custody deaths to the federal Bureau of Justice Statistics. But those statistics lag for several years. In 2014, 56 jurisdictions in Colorado reported their jail deaths to the Bureau of Justice Statistics. Since 2000, when reporting became mandatory, the number of jurisdictions reporting has fluctuated between 50 and 56. And the death numbers calculated by The Post, based on the sheriff's responses, did not always match statewide in-custody deaths reported to the federal government. Here is what The Post’s analysis found: One hundred seventeen people died in custody during the 6½-year period. • Of those, 58 died of medical issues such as cancer, obesity and sleep apnea. • Another 48 people took their own lives, most often hanging themselves with bed sheets in their jail cells. • Fifty-three people died within a week of being booked. • Twenty-four sheriffs reported zero jail deaths during the period analyzed by The Post. The Denver Sheriff Department, which operates two of the state's largest jails, was the only depart-
ment to report in-custody deaths due to use-of-force. They had two during the past five years. The rising number of jail deaths in Colorado matches a national trend. In 2014, 1,052 people died in jails across the United States, an 8 percent increase from 2013, according to the most recent data available from the BJS. Colorado's mortality rate inside jails was 164 per 100,000 inmates in 2014, according to the federal data. Eleven other states had higher jail inmate mortality rates that year.
SALT LAKE COUNTY CALLS FOR MORE JAIL BEDS, PLUS TREATMENT Salt Lake County Mayor Ben McAdams agreed with other local leaders on Jan. 18, and said more county jail beds are needed now, to deal with the 'pressing' issue of crime near Salt Lake City's homeless shelter. "Two to three hundred new beds would probably be what we'd need to start making this treatment and incarceration path," the mayor said in an interview with KUTV Channel 2 news. McAdams is a strong supporter of treatment options for drug offenses, but said those programs must be coupled with the threat of incarceration, which he said with a full jail, is not the case. Former state Sen. Steve Urquhart was the first to claim meth and heroin users could light up and shoot up near the shelter, right in front of police, and not be arrested or face jail time—something Salt Lake City Police Chief Mike Brown confirmed. McAdams noted that Utah lawmakers decriminalized drugs, but put scarce money into treatment programs.
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BY BILL SCHIFFNER, CONTRIBUTING EDITOR
NEW TECHNOLOGIES STAR AT 2017 CORRECTIONAL CONFERENCES
A
s we enter a new year and the winds from old man winter start to make temperatures across the country drop below freezing, the show circuit also begins to heat up with a number of technology-based trade shows for the corrections industry. Here are some of the highlights and new products featured at the recent APPA and ACA conferences.
APPA’S 2017 WINTER TRAINING INSTITUTE “APPA’s 2017 Winter Training Institute held January 8-11 at the Grand Sierra Resort and Casino in Reno, Nevada, featured over 500 attendees with more than 50 booths in the exhibit hall,” reports Diane Kincaid, deputy director with the American Probation and Parole Association. Kincaid furthers: “The Institute also featured Chef Jeff Henderson, nationally known food expert, for the Opening 10 CORRECTIONS FORUM • JANUARY/FEBRUARY 2017
Session on Sunday, January 8. On Monday morning, the Vera Institute presented a panel discussion, ‘The Power of Higher Education for Students Under Community Supervision’ and Wednesday morning’s Closing Session rounded out the program with Dr. Emily Salisbury’s talk, ‘Gender Matters: Reformulating Risk, Need, and Responsively for Justice-Involved Women.’ “In addition, the Institute offered a plethora of new products to meet the needs of attendees in keeping up to date on the latest trends in programming, supervision, technology, and research in community corrections,” Kincaid concludes.
Digital Display Signage The Infax Engage solution is a content creation program that allows users to easily create and display digital signage. In jail facilities, staff members can display bond company advertisements, welcome messages, visitor information and more. Jails have also had success in capturing their Most Wanted felons by using Engage. After seeing their pictures and information, jail vis-
itors identified these felons in public and assisted the county in their arrests. www.infax.com, 1.770.209.9925
Supervision Management System cFive (formerly Capita Technologies) provides software that connects innovative community corrections agencies with
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the information needed to reduce recidivism, improve lives, and keep communities safe. cFive Supervisor is a data-driven supervision management system that provides agencies concise actionable data to improve efficiency, client outcomes, and optimizes programs. www.cfive.com, 1.949.260.3002
RF Monitoring Device BLU+ is an intelligent Radio Frequency monitoring device developed by Satellite Tracking of People LLC. It immediately reports equipment tampers regardless of the enrollee’s location. It also
allows three mandatory daily enters at locations outside of the enrollee’s home. It reports all monitoring data to VeriTracks using nationwide 3G cellular service and provides the supervisor the immediate location of the enrollee 24 hours a day. The device only needs to be charged one hour every seven days. www.stopllc.com, 1.832.553.9500
Monitoring Bracelet Designed to track—and communicate with—all types of offenders 24/7, indoors and outdoors, this rugged and weatherproof one-piece, GPS/cellular 12 CORRECTIONS FORUM • JANUARY/FEBRUARY 2017
ankle-worn electronic monitoring bracelet with 2-way communication ankle bracelet signals offenders using vibrations and sound, and receives offender acknowledgment in return. The OM400 can pair with an OM400 RF Beacon to extend battery life and precisely verify in-home locations all while using the cloud-based software application, FocalPoint, to map and track offender location. www.numerex.com, 1.800.665.5686
Portable Testing System The IN-HOM S.M.A.R.T. Mobile is a portable, handheld, cellular alcohol monitoring device. It features facial detection, a built-in camera, GPS, affordable pricing, and up to 10
customized test windows daily. The IN-HOM S.M.A.R.T. Mobile can serve as a helpful monitoring tool for offenders of all risk levels, and allows for immediate violation notification to monitoring authorities. www.smartstartinc.com, 1.800.880.3394
Community Supervision Solution Corrisoft’s AIR program is a smartphone-based community supervision solution that enables
agencies to more consistently communicate with participants, more effectively deliver support services, and better manage client activity. AIR combines a customized smartphone with a webbased management platform in order to both deliver proactive communication capabilities and serve as a tool that more efficiently facilitates support resources. https://www.corrisoft.com, 1.859.685.1492
Cotinine Oral Fluid Screening Device The iScreen OFD Cotinine device is an all-inclusive screen test for Cotinine (a major metabolite of nicotine) using saliva. The device is confirmation ready and results can be photocopied. With no bathroom necessary, you can test anywhere. A 3minute oral fluid collection provides a qualitative detection of cotinine in 10 minutes. The cutoff at 30 ng/mL will detect nicotine approximately 1-2 days after use. iScreen OFD is well suited for health and wellness programs, smoking cessation programs, insurance risk assessment applicants, and clinical setting screening programs. www.orasure.com, 1.800.869.3538
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Opioid Dependence Care VIVITROL (naltrexone for extended-release injectable suspension) is a once-monthly medication for the treatment of alcohol dependence as well as for the prevention of relapse to opioid dependence, following opioid detoxification. VIVITROL is the first and only non-narcotic, nonaddictive, once-monthly medication approved for the treatment of opioid dependence. Treatment with VIVITROL is also part of a comprehensive management program that includes psychosocial support. www.alkermes.com, 1.781.609.6000
Case Management Software Journal Technologies eSuite software is developed using java technologies, and is fully compatible with Microsoft technologies and services. It has a very rich REST API that allows any other in-house or 3rd party applications to communicate and work seamlessly with it. Its eCourt software is a true browser-based system that was architected from the ground up as a highly configurable “business processing engine” to be the centerpiece for document management and eFiling solutions. Users only need a web browser to access their eSuite of software from desktops, laptops, smartphones, and tablet devices. www.journaltech.com, 1.877.587.8927
Tracking Device 3M Electronic Monitoring offers the new 3M One-Piece Tracking Device 4 (One Piece), a robust unit that has features 14 CORRECTIONS FORUM • JANUARY/FEBRUARY 2017
designed to meet the exacting requirements of criminal justice agencies. The technologies included within combine to provide reliable tracking capabilities interfacing with its popular webbased software, EM Manager. The One Piece is an autonomous GPS device, capable of four supervision levels: Active, Passive, Hybrid, and RF (with Beacon). www.3m.com/electronicmonitoring, 1.813.749.5454
the latest in new products and technologies for the corrections market. Held at the Henry B. Gonzalez Convention Center, San Antonio, Texas, from January 2025, this annual winter event continued in the tradition of being one of the top gatherings of corrections personnel in the country. This year’s conference showcased products and services such as correctional consultancy, correctional health services, food service management, business services, sustainable and IT solutions.
Inmate Transport Systems The VanCell Elite is ADA-compliant and equipped with the latest technologies to ensure safe and cost-effective transport. The extended van length allows transport for up to 13 inmates with four configurable segregation compartments. The standard
Mobile App cFive Catalyst (formerly Capita Technologies) incorporates an intuitive dashboard, a supervision intelligence engine and client-facing mobile app, which enables four-camera viewing system provides improved visibility and security. Seatbelts, fire extinguishers, and emergency egress releases are located throughout the vehicle for both officer and inmate safety. https://bobbarker.com, 1.800.334.9880
timely communications and intervention, and promotes client selfmanagement and rehabilitation. www.cfive.com, 1.949.260.3002
ACA’S 2017 WINTER CONFERENCE The American Correctional Association’s Winter Conference was also a hot spot to check out
Food Service Management Under One Roof Elior brought together the best in corrections foodservice management with ABL, A'viands, CFM, Summit and Valley to operate as a single business unit within the Elior North America family of companies. The business unit will be operated under the Summit brand with a redesigned logo, while building upon the strong reputation the brand has established throughout the south-
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west region to continue to be “Small enough to care…Big enough to make a difference.” While their teams have worked closely with clients to provide creative foodservice solutions to the corrections market for more than 30 years, they are increasing their “specialty” focus on the corrections segment as a single business unit to provide programs, tools and resources that align with that industry’s unique requirements. www.elior-na.com, 1.704.424.1071
Clear Antiperspirant Deodorant Oraline showcased a new addition to their Secure Care Products line. The clear antiperspirant deodorant offers a unique roll-on
tube design. The deodorant, in a 2 oz. package, provides a light scent and comes in cases of 72 units. www.oraline.net, 1.888.296.6730
Ultra Pan Carrier This two-compartment insulated transport cart from Cambro maintains safe food temperatures
and ensures HACCP compliance. The UPC1600 holds up to 16 fullsize, four-inch-deep food pans. Choose from two heated doors, or one heated door and one passive door. Its optional Security Package features tamper-resistant fasteners, non-removable doors, and heavy-duty casters with chassis plate mounted with tamperresistant bolts. www.cambro.com, 1.800.833.3003
as fast and as easy as possible. The system works seamlessly with records management systems and other third-party applications, promoting information sharing and automating many of the booking and record-keeping tasks of any size detention facility. http://blackcreekisc.com, 1.205.949.9900
ARCH Helmet Exceptionally durable and designed for immediate riot response, the PACA Advanced Riot Control Helmet (ARCH) delivers the optimal combination of high performance and protection, the company says. The
Private Label Pouched Meals Union Supply Group took their top pouched meal sellers and developed them in their own private label, making them affordable, great-tasting commissary items (not to mention Halal certified). Pancho’s Cantina items
are Roast Beef in Gravy, Shredded Beef, and both regular and spicy Beef Crumbles. www.unionsupplygroup.com, 1.866.404.8989
Jail Management System Black Creek’s SallyPort Jail Management System makes the process of booking and detention
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ARCH exceeds the NIJ 0104.02 Standard for Riot Helmets and features enhancements including: detachable face shield with liquid seal, nape pad with Kydex penetration shield, shock-absorbent foam pads and chemical-resistant chin cup for added comfort, faceguard with 3.2mm diameter steel wire, black nylon coating and welded joints for maximum strength and safety, 4-point attachment system with supportCORRECTIONS FORUM • JANUARY/FEBRUARY 2017 15
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ive neck pad, and optional NIJ compliant quick release buckle. www.pointblankenterprises.com, 1.800.413.5155
Proactive Healthcare Programs NaphCare offers a proactive approach to health care programs for correctional facilities ranging from comprehensive
health care, on-site dialysis, offsite management, in-house pharmacy and TechCare, their electronic health record (EHR) clinical operational tool. www.naphcare.com, 1.800.834.2420
Digital Displays
Minnesota, Mississippi, New Mexico, Tennessee, and Vermont). Founded by two of the oldest and most respected companies in correctional health care and managed Medicaid—MHM Services and Centene Corporation—Centurion brings a level of innovative care services never before available to large correctional systems. www.mhm-services.com, 1.800.416.3649
Food and Commissary Services With a suite of programming for offenders and staff, Aramark is able to customize services, programs and technology to fit the unique needs of your facility, in order to help you grow your business. At ACA, Aramark was show-
JailCall gives facility personnel the ability to electronically display detainee information on commercial-grade monitors. With the casing how technology works to deliver innovative food and retail solutions for correctional facilities across the country. www.aramarkcorrections.com, 1.800.777.7090
devices/vendors. All solutions are custom built to ensure security and compliance with state-specific content needs and technical requirements/environment. Their team professionals dedicated to the corrections market, can meet any/all unique law library needs. www.lexisnexis.com/corrections/, 1.888.AT.LEXIS
Personal Detention Assistant Black Creek’s Personal Detention Assistant (PDA) provides officers with an unlimited range of control while offering full wireless touchscreen functionality. The PDA is designed to allow the direct supervision dayroom officer, rover or shift supervisor to perform
Body Armor System Infax solution, personnel will no longer need to stop their jobs to assist jail visitors. Visitors are informed of an inmate’s bond information as well as the status of the detainee, such as booked, fingerprinted, or ready for bond. This solution seamlessly integrates with any jail management system to deliver real-time information about the detained. www.infax.com, 1.770.209.9925
Healthcare Services Centurion LLC is a leading provider of health care services to state correctional agencies and serves seven state correctional systems (Florida, Massachusetts, 16 CORRECTIONS FORUM • JANUARY/FEBRUARY 2017
Thrust Guard’s Spike Class Level 3 Body Armor System exceeds the stab resistance requirements of NIJ Standard 0115.00 with zero penetrations during laboratory testing. Designed to provide maximum blunt trauma, stab and edged weapon protection, says maker Point Blank, this high performance vest offers corrections officers an unprecedented level of security. www.pointblankenterprises.com, 1.800.413.5155
Law Library Solutions LexisNexis is leading provider of secure, compliant law library solutions for the corrections market. Their online and offline options are compatible with a variety of tablet, kiosk or desktop delivery
common security control and documentation functions from any location in the dayroom or facility, all in a wireless fashion. These wireless control functions enable the PDA to completely replace the fixed touchscreen control station typically installed in a direct supervision housing unit. http://blackcreekisc.com, 1.205.949.9900
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BY MICHAEL GROHS, CONTRIBUTING EDITOR
The STaTe of MenTal healTh in CorreCTionS
With the numbers of inmates with serious mental illness already straining correctional health care staffs and community aftercare, some correctional care providers have concern about what changes made to Medicare could do to continuity of care.
By
now it’s common knowledge that correctional facilities have become the housing unit for millions of people with mental health issues. The statistic often mentioned is that for every person in a state mental facility, there are 10 in jails and prisons. Some people with serious mental health conditions are often convicted of minor crimes and end up in an environment with little or no treatment. Some have even been detained without any formal charges. In California alone the numbers are staggering. “Currently, says Bill Sessa, information officer at the California Department of Corrections and Rehabilitation, “about 38,000 inmates [approximately one-third of its popula-
tion] receive some form of mental health treatment. The overwhelming majority (about 75%) receive basic care that includes medications and counseling. About 6,000 receive a slightly higher level of care as outpatients, meaning that they see medical/clinical staff regularly but are still housed in the general population. The remaining five percent receive care for what you would consider the most severe illnesses, including inpatient care where they are housed in a hospital-like setting.” (The CDCR’s budget for mental health services alone last year was $396.6 million.) John Wilson, Ph.D., CCHPMH, vice president of Clinical Development at MHM Services explains, “The most prevalent
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mental health issues experienced by incarcerated individuals include substance use disorders, mood disorders, psychotic disorders, and trauma related disorders.” He furthers that despite the data that the number of incarcerated individuals has been decreasing, the number with mental health issues appears to be rising. (Three quarters of respondents in a survey of county jails remarked that they have seen an increase in severely mentally ill inmates.) This places more stress on an already strained mental health departments in correctional facilities. Joel Andrade, director of Clinical Operations—Mental Health at MHM Services, points out, “Correctional departments have been forced to develop innovative ways of providing CORRECTIONS FORUM • JANUARY/FEBRUARY 2017 17
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mental health treatment to this population.” A July 2016 Research Report from the Public Citizen’s Health Research Group and The Treatment Advocacy Center called Individuals with Serious Mental Illnesses in County Jails: A Survey of Jail Staff’s Perspectives compiled data from a total of 230 county jails operated by sheriffs’ departments. Jails and prisons face different tasks and obstacles. For one, county jails house a variety of inmates who have not been sentenced. According to Magnus Lofstrom and Brandon Martin’s fact sheet “California’s County Jails,” nearly two-thirds of inmates are awaiting arraignment, trial, or sentencing. Compounded with the facts that these jails are not designed for providing mental health treatment, and employees are not generally trained to provide it, the question remains, Who has the primary responsibility for coordinating mental health treatment in correctional facilities and how should it be done? Wilson notes that there are many challenges to the provision of mental health care in
corrections. In fact, the Report Serious Mental Illnesses in County Jails found that only 1.7% of respondents noted that patients with a serious mental illness (SMI) did not present special problems. Inmates with SMI, the report found, require extra supervision, are more likely to disrupt normal jail activities, and are more likely to abuse and to be abused. Despite the fact that the standards for correctional mental health care have increased over the past few decades, challenges persist. Not only are there fiscal limitations to correctional budgets that limit the number of staff that can be hired, there is a national shortage of mental health professionals, including psychiatric providers. Correctional facilities were not designed for providing mental health care, and many have limited space in which to conduct treatment. There is also a shortage of correctional officers, which has an impact on inmates’ access to care. Inmates arriving in jails usually arrive without a medical history available, and prior treatment records
can be difficult to obtain, in which case mental health providers must “start from scratch.”
Staffing issues Furthermore, says Wilson, staff are subject to what is known as “vicarious traumatization,” or exposure to trauma through the provision of treatment. “Many patients inside jails and prisons have experienced horrific events.” While mental health staff are cautious not to “dig into the past” in the context of a challenging treatment environment, these stories nevertheless come out and can have a negative impact even in seasoned professionals. “Retention of staff is a significant challenge, as there is a great demand for mental health staff in the community and staff may perceive community settings as more desirable practice environments.” On top of all of those, inmates might be leery of trusting mental health staff. “All of these challenges must be addressed carefully by mental health staff in the context of ensuring safety for the
Continuity of care after release is paramount to preventing relapse and re-arrest.
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patient and staff.” One other issue that is not well-recognized within corrections is the fact that most inmates who suffer from SMI have at least one, and very often two or three, chronic medical conditions. “There is a significant line of research showing that the ‘excess mortality and morbidity’ associated with serious mental illness—the amount of early death and increased disease associated with serious mental illness—is due to these co-occurring medical conditions. Coordination of care for both physical and mental health is critical,” Wilson says. The County Jails Report found that certain concerns among the employees of county jails are that “With the current judicial system and the lack of mental health facilities these [seriously mentally ill] inmates are getting ‘stuck’ in the system.” Other concerns are that many mentally ill inmates come into the system having committed minor infractions such as trespassing, and then they get caught up in the slow system and end up being housed much longer than normal. Most of the seriously ill inmates are also under court order to be held (without charges) until a state bed opens, and that wait is getting longer and longer. As Wilson says, “Inmates with mental health issues require the same kind of care, attention, understanding, and interventions that are required for patients with mental health issues in the community.” The nature of conditions such as depression or psychosis does not change just because the symptoms are manifesting inside a prison instead of a clinic or hospital, and incarceration often adds stress, which can exacerbate symptoms. Incarceration also increases the level of complexity of the required interventions. Inmates often come from “highly under-privileged backgrounds and have experienced significant deprivation and trauma. Impulsivity, anger, violence, and self-injury are frequent, and most inmates with serious mental illness also have co-occurring substance use disorders.” Wilson furthers, “We know less about effective treatments for inmates with mental health issues than we would like. Research is limited, and it is not ethical to place inmates on waiting lists or placebo treatments. They have no other options for treatment than the mental health staff who provide services. Our best bet is to use cognitive-behavioral and psychopharmacological interventions that are consistent with community standards of care.” Ike Randolph, director of Communications at Indiana Department of Correction (IDOC) stresses that “there is no ‘magical’ treatment that they can say is most effective in treating mental illness.” Many variables have to be considered and ultimately will influence what works best for individuals. “We try to offer as many different kinds of treatments that include groups, individual, psychoeducational, medication, milieu, etc.” VISIT US AT WWW.CORRECTIONSFORUM.NET
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limited Community resources Wilson says, “Inmates being released to the community often have few options for continuing care.” Most Departments of Correction do not follow-up with inmates once they have been released. Mental health staff who work in prisons and jails work hard to align incarcerated mental health patients with community resources prior to their release, but there are significant challenges, including limited community resources. “Continuity of care at release remains one of the biggest challenges in the care of correctional mental health patients.” He furthers that service delivery systems need to “talk” to each other regarding care passed from correctional to community mental health organizations. One effort that has found success is considering what happens to inmates upon release. As a result of the Affordable Care Act (ACA), inmates are more likely to enter society with medical insurance, which all Americans are mandated to have. Previous to the ACA, often an inmate would be supplied with a month’s worth of medications and be re-incarcerated shortly after. Now that having medical insurance is mandated, inmates can continue services once back in the community. The process, though, can be a difficult one to navigate. Says Sessa on the matter, “One of the reasons we worked so hard to get inmates on Medicare or Medi-Cal before they are released is so that they can have their medical prescriptions covered as they leave the prison. That prevents lapses in medication.” IDOC also has a system in place for inmates upon release. Offenders are monitored while on parole, and there are social workers now assigned to all parole offices “who assist parole agents in following up on mentally ill offenders and their aftercare.” 20 CORRECTIONS FORUM • JANUARY/FEBRUARY 2017
Indiana DOC tries to offer as many types of treatment as possible, including group and individual therapies, psychoeducational and medications.
On November 8, the Republicans took the White House and both Chambers of Congress. Among the reasons was the vehemently repeated promise to repeal the ACA. The potential repeal may cause concern among the correctional community. Bill Sessa of CDCR says, “I think this question may be premature since we don’t know what changes are in store, but generally it will not affect our inmate health care. None of that is funded by the ACA. All of it comes from our budget and the state’s general tax dollars. We do have an aggressive program to get soon-to-bereleased inmates signed up for Medicare so that when they leave prison, they are equipped with the meds they need and are prepared if they need further medical help once they are released. But again, like everybody else, we don’t have any idea what, if any, specific changes will be made to Medicare, so for now we are only as concerned as everyone else in the country waiting to see if things will change in that regard.” The State of Indiana, Randolph notes, created its own version of
ACA called HIP 2.0, and as long that can stay funded, “actions on the ACA should not affect us.” If HIP 2.0 changes, though, “then we will return to the time when offenders leave prison with no insurance, which greatly affects their ability to get follow-up care.” MHM is an outsourced medical provider, and among the myriad services they offer is aligning inmates with Medicaid and access to subsequent care upon release. Regarding the concern about the potential repeal, Wilson says, “Yes, definitely. The outcome of any repeal will be determined by the scope and nature of ACA’s replacement. Correctional systems will be monitoring this situation closely so that staff can respond quickly to new requirements, new systems, and changes in community resource availability. Whatever the form of replacement legislation, health equity needs to be the goal if the underserved patient populations are to receive adequate access to mental health resources. Inmates with mental illness did not ask for or create their own illnesses. They need treatment.” ✪
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BY G.F. GUERCIO, CONTRIBUTING EDITOR
Securing Prisoners On the Move SAFER TRANSPORT, TELEMED AND VIDEO ALTERNATIVES.
A recent redesign of Bob Barker Company’s inmate transport system incorporated customers’ concerns to ensure the safety of inmates and officers while simplifying transport.
of the biggest security threats come about when an inmate has to be moved for court or medical appointments. Transport security can be boosted with correctly-equipped vehicles and personnel, or by considering the alternative: staying put by using video. Keeping prisoners secure when transporting them to court houses and prisons can be a daunting task, says Tom Wagner, vice president, Public Sector Sales, Motor Coach Industries (MCI). “We recommend law enforcement operate the right equipment for the
Some
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mission—ISTV (Inmate Security Transportation Vehicle) versus a school bus.” He says this maximizes security because MCI partners with its operators, seeking feedback and incorporating improvements like bullet resistant materials, surveillance cameras, segregation barriers, and others. In addition, specific prisoner transport vehicles can be designed to have a low profile (exterior), thus minimizing attention to the mission. When designing security,” he adds, “try to think like a criminal.” One of the most significant challenges is transporting
inmates with different classifications, Wagner emphasizes, that is, different gang affiliations, male/females, felons/misdemeanors, etc. Thus, prisoner transports need to have flexibility to maintain security for officers and inmates. With the aging inmate population, accessibility is an increasing challenge, Wagner notes, and to handle special needs, “many agencies are including wheel chair lifts/ramps in their prisoner transports. Environmental concerns are coming into play in prison fleet decisions. “Like many areas, there is an increasing interest in mini-
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mizing the environmental footprint and thus new propulsion technology: CNG, hybrid and electric. In general, interest is positive, however, the performance of some of the technologies, such as 100 percent electric, still have some limitations, such as range, in this application,” Wagner continues. During the recent redesign of the company’s inmate transport system, Bob Barker Company reached out to customers to see what their biggest concerns were when transporting inmates. “We learned that agencies want to ensure the safety of inmates and officers, while simplifying transport as much as possible,” said Sharon Watson, product manager. “Our team took all the feedback from customers and implemented the following improvements and features into the final design of the VanCell Elite.” Safety: Seatbelts are throughout the vehicle for both officers and inmates, fire extinguishers are located in the front and rear, and the vehicle is equipped with emergency egress releases. Security: Lockable storage compartments are located in the front of the vehicle to store weapons, a fourcamera monitoring system located in the front of the van allows officers to watch the inmates, a forward-facing bench at the front of the van seats up to three inmates, with a segregation door for isolation purposes, and a mid-wall is located in between the two back benches to separate inmates. Simplifying Transport: An extended van length allows up to 13 inmates to be transported, a document holder is mounted to keep officers organized, there’s additional storage space underneath the rear benches, and included is LED lighting and padded seating throughout. The ADA Compliant Option, she notes, is very important to customers: The front compartment can be converted to accommodate a wheelchair, allowing nine inmates to be transported at one time. A
Corizon says the biggest use of its telehealth service is telephysiciatry.
pull-down ramp is included for easy entry, seats easily collapse to allow wheelchair entry, and the rear-facing wheelchair is secured by ADA-approved anchors. In the case of violent actors, correctional facilities can help minimize security issues by equipping their officers with proper protec-
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tive equipment. One such piece of personal gear is the PACA Cell Extraction Suit, says Merle Davis, corrections specialist–West Region, Point Black Enterprises, Inc. Protective Apparel Corporation of America (PACA) is a key brand of Point Blank Enterprises, Inc. “When combined with PACA
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Vest Partnership Grant
☞
The Bulletproof Vest Partnership (BVP), an Office of Justice Programs’ grant program, reimburses states, counties, federallyrecognized tribes, cities, and local jurisdictions up to 50 percent of the cost of body armor vests purchased for officers.
☞
BVP funds may be used to purchase vests that meet the current NIJ (National Institute of Justice) bullet- and stab-resistant body armor standards.
☞
Lists of vest models that meet the current NIJ standards are available at the following web page: www.justnet.org/body_armor/index.html.
☞
A total of 1,253,776 vests have been purchased through BVP as of June 2016. —Merle Davis, corrections specialist–West Region, Point Black Enterprises, Inc.
Bob Barker’s Van Cell Elite
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Blade Plates that are inserted into the carrier, the officer will have edge weapon protection, as well. This protective system allows correctional officers to be better protected and safe during movements and transportations.” “One of the biggest concerns I see today in facilities is that the everyday correctional officers either do not have or wear the proper safety equipment,” Davis furthers. “This includes vests with spike and/or ballistic protection, cell extraction equipment, helmets, riot shields and other products that are available, so that they can perform their everyday tasks with absolute safety.” On the negative side, budget limitations challenge facilities to be able to provide the best and safest equipment to conduct their job, he says. “There are other sources of funding protective armor for correctional officers. Since 1999, over 13,000 jurisdictions have participated in the BVP
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(Bulletproof Vest Partnership) Program, with a total of $412 million in federal funds for the purchase of over one million vests.” (See sidebar) Also typically used in transporting, Stun-Cuff was developed by Brad Myers, owner, and president of Myers Enterprises, Inc. makers of Stun-Cuff. In addition to transport, “Stun-Cuff is used in courts a lot; remember during trial the offender has to appear innocent so no visible means of restraint can be seen. Stun-Cuff is worn under the pant leg so if the offender jumps up to grab the judge the officer can activate the device and it puts him down on the ground. “It’s the same if you are doing a hospital run,” Myers continues. “Many doctors won’t allow patients to be handcuffed; they don’t want them to be paraded around the hospital that way.” And in treatment it helps especially if there is a petite or elderly practitioner, “it’s a good idea to have as an equalizer.” It’s a great deterrent when you demonstrate before you put it on, he says. “When you activate the device it contracts the muscle in the leg so it pulls the foot up to the rear.” He says there has never been any litigation against it, which he partly attributes to the deterrent aspect and also notes its accountability. “It is a wireless unit so you can pull up the time and date it was fired if there is an accusation. The biggest point though is it’s demonstrated beforehand so if they do get stunned they did something wrong. The dataport will coincide with them trying to escape, fight, or go after someone.” Another integral part of safety is eliminating contraband. “We receive calls and emails every week from facilities that are having serious problems with contraband,” says Randy Hill, director of sales, Black Creek. “The easiest way to eliminate the opportunity for contraband to enter the facility is to limit or ban altogether
contact between the inmates and visitors. “Our video visitation systems are also a great way to generate revenue for facilities by providing a simple way to charge for remote visits. The agency sets the rates and monitors the visits,” he says noting, “Visits are typically far less costly in time and money, when compared to physically traveling to the correctional facility.” He adds, “Our video visitation
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systems can also accommodate inmates and visitors with physical disabilities. Black Creek provides handicapped visitation booths for handicapped visitors and an IP Visitor Roll-Around Cart for confined or bed-ridden inmates.” And rather than transport those inmates for medical appointments, “We are seeing increased interest from our clients to expand the use of tele-
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The Black Creek video visitation system reduces contraband by limiting or banning contact between inmates and visitors.
health,” says Martha Harbin, director of External Affairs, Corizon Health. “Telehealth is a key strategy we use to maintain and improve quality of care while remaining fiscally accountable to our clients.” When cost savings is discussed as a reason to look into telehealth, there is no appreciable costsavings on the medical side, and there actually is an increased cost associated with installing and maintaining the equipment and infrastructure, she says. “Potential cost savings would come on the security side by reducing the cost of transportation and correctional officers needed to accompany the patient. Other benefits to telehealth include increased public safety by not transporting offend-
The Telemedicine Equation The current thought is that cost savings are not the appreciable advantage of telemedicine, as installation can increase costs. Savings are to security, transportation and public safety. Considerations: • Weigh equipment and infrastructure cost against the cost of transporting. • Specialties require often expensive peripheral equipment for the telehealth unit. • Calculate how often a particular specialty is needed or if it is available in the community. • Conclude whether the cost of installing the telehealth equipment to support that specialty outweighs the cost of transportation. —Martha Harbin, director of external affairs, Corizon Health 28 CORRECTIONS FORUM • JANUARY/FEBRUARY 2017
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ers outside the walls.” Plus almost every specialty will have peripheral equipment for the telehealth unit, so there needs to be a calculation about how often a particular specialty is needed, and whether the cost of installing the telehealth equipment to support that specialty outweighs the cost of transportation, she says. (See sidebar) “The main benefit that we as a correctional healthcare provider see in telehealth is that it supports our provider recruiting efforts, enabling us to recruit qualified candidates who might otherwise be hesitant to work inside a correctional facility.” Also, “We have conducted some limited surveys and have found inmates generally seem to like it.” Tele-psychiatry is the most common form of telehealth provided to the inmate population, she explains. “The equipment needed is relatively inexpensive; there is a shortage of psychiatrists willing to work in a correctional environment; and those who will treat this population are often unwilling or unable to travel great distances to remotely-located prisons.”
In addition to tele-psychiatry other common uses of telemedicine include cardiology, ophthalmology, orthopedics, ENT, and dermatology consultations, she says, then adds, “we are also using telehealth for infectious disease and follow up, nephrology, and oncology in some of our state contracts.” The scope of telehealth is already wide and growing. For example, Harbin points out that Corizon Health “has conducted more than 70,000 telehealth visits through 2016—77 percent were tele-psychiatry and 23 percent were telehealth. We provide over 20 telehealth specialties and tele-psychiatry in 115 sites nationwide.” The industry has already seen the heightened level of security that telemedicine, video visitation and properly-executed and
The lightweight Cell Extraction Suit provides corrections officers protective coverage for the neck, torso, biceps and groin.
equipped inmate transportation bring to the table, and these are sure to continue gaining ground in the years to come—to lessen the risks associated with safety, provide timely doctor visits and perhaps even save money. ✪
Motor Coach Industries’ latest Inmate Security Transportation Vehicle (ISTV) comes custom-fitted with agency-specified features, such as inmate containment barriers and cells, window bars, a rear officer position, external public address system, and/or a movable barrier system, among others.
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on eaow m, ers.
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BY G.F. GUERCIO, CONTRIBUTING EDITOR
BEHIND THE FOOD SCENE: Banishing Discontent & Foodborne Outbreaks Take control of those hard-to-pin-down problems lurking in your food service program.
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“INMATES
DO NOT HAVE A LOT TO
L O O K F O RWA R D T O ,” S AY S
TIM T HIELMAN , LIEUTENANT, R AMSEY COUNTY CORRECTIONAL FACILITY, SAINT PAUL, MINN., WHO SERVES AS THE PRESIDENT OF ASSOCIATION OF CORRECTIONAL FOOD SERVICE A F F I L I AT E S I N T E R N AT I O N A L (ACFSA). “T HE THREE BIGGEST THINGS TO AN INMATE ARE: RECEIVING MAIL, VISITS, AND THE MEALS. IF ONE OF THOSE IS NOT RIGHT IT CAN CAUSE MAJOR DISCONTENT. “Food service is the area of a facility that is always faced with budget cuts. Inmate programming and other areas in a facility are important; however, taking away from the food budget can really bring challenges to food service administrators and cause problems throughout the entire facility. Administrations must really consider spending a little more money on food for the inmates. Many jails and prisons follow the minimum guidelines when it comes to food and nutrition. A little more food for the inmates can go a long ways in keeping them content.” With the multicultural populations we have today, Thielman observes, having a diverse menu is something to consider in keeping inmates satisfied. A growing number of food allergies and medical issues among populations also require a growing number of special diets. Religious diets can be “extremely challenging,” he says, while both medical diets and religious diets can be very costly. He says that conforming special diets as closely to the regular menu is one way to keep costs down. “Having a welltrained food service administrator and other food service employees is important to having a good food service operation,” he emphasizes. Continuing education on changes in the profession are crucial in running a safe and efficient operation, he adds. “Facilitywide illnesses such as Campylobacter, Salmonella,
Norovirus, Shigella, Staphylococcus, and Streptococcus can come from prison kitchens; however, these illnesses are not limited to food service operations. These illnesses can also come from the facility commissary, or inmates hoarding leftover potentially hazardous foods (PHF) that require refrigeration under 41 degrees and reheating over 165 degrees to kill microorganisms. “Since much of the jail and prison population are people with weakened immune systems there are other illnesses to be concerned with,” he continues. These include Methicillin-resistant Staphylococcus aureus (MRSA) and influenza. Ways that correctional facilities can lessen the chance of widespread illnesses are high standards of sanitation, not only in the kitchens but also in every area of the facility. Using the proper cleaning solutions for all food contact surfaces, door knobs, railings, and anywhere else there are many hands touching is key. “Not all cleaning chemicals kill every microorganism, especially Norovirus. Those in charge of purchasing chemicals need to make certain they are purchasing chemicals that will kill Norovirus.” (For more tips see sidebar on next page.) “It is important to also medically screen all inmate food service workers and have properly trained non-inmate food service workers who will be the main defense in keeping food safe,” Thielman continues. “Even small blisters and boils on food service workers can cause widespread disease so it is important to have staff monitor all inmate workers.”
Effective Dish Sanitizing Studies show that automated washing is a more effective cleaning method than manual washing, says Heidi M. Spaide, product line manager for The Stero Company, referring to an Ohio State University Study from 2015. “Warewashers automate the washing process, taking soiled
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ware through different zones: pre-wash, washing, rinse and optional drying—reducing the occurrences for human intervention, helping to limit the possibility for cross-contamination.” “If the machine is being operated in accordance with the manufacturer’s instructions, it will sanitize at a level of 3,600 Heat Unit Equivalents (HUE)—twice the required level to pasteurize milk—which illustrates substantial reassurance in the sanitation process. Most modern warewashers have diagnostics built in to them, so errors can be easily detected if something goes wrong,” she says. “For example, if detergents and sanitizers are not being delivered to the wash system, an audible or visual alarm will alert the operator.” She adds, “By law, operators who travel between the ‘dirty’ and the ‘clean’ end of the commercial warewasher must wash their hands before returning to the clean end to retrieve sanitized ware. According to the CDC [Centers for Disease Control], hand hygiene is one of the most important ways to prevent and control virus outbreaks. The World Health Organization recommends properly washing hands with an antimicrobial soap and water. The duration of the entire handwashing procedure should be 40-60 seconds.” When a warewasher is absent in the dishroom, workers resort to a three-compartment sink to scrub large pots, pans and other ware, she explains. “This washing solution can pose more risk than an automated system because tanks must be manually monitored for proper temperatures. The wash tank temperature typically must be at or above 110°F. If a hot water rinse is used, the water temperature must be kept at or above 171°F. Falling below these requirements can put a dishroom at risk for unsafe levels of bacteria on surfaces. So,” she concludes, “the peace of mind, reliability and water savings that CORRECTIONS FORUM • JANUARY/FEBRUARY 2017 33
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a commercial warewasher brings to the clean-up process is a significant advantage.”
Discontent in the Commissary In regards to discontent in the commissary department, product variety, taste and price usually are the primary issues, notes Debbi Drewry, director of marketing, Union Supply Group. “Since most commissaries have space restrictions, just the basics are normally offered which sometimes makes for a boring selection of items and the price of products is always a big factor,” she says. “To keep the commissary options higher, we are constantly innovating products that are new and exciting, and that pack a lot of flavor. “We just launched eleven new Fisherman’s Paradise seafood items that are in flavorful sauces such as Spicy Thai, Sweet Thai and Spicy Mustard,” Drewry points out. “Our newest unique items are our Catfish and Pollock. In regards to price, we are constantly innovating new private label products that offer quality products as a good value to the inmates. Our new Pancho’s Cantina lineup is a good example. We took our top meal sellers and developed them in our own private label, making them affordable, great tasting commissary items—not to mention halal certified. Pancho’s Cantina items are Roast Beef in Gravy, Shredded Beef and both regular and spicy Beef Crumbles. “Union Supply definitely places emphasis on ensuring we have items for all ethnic and dietary needs offenders. We carry over 400 kosher items, 90 halal items and many sugarfree products. We recently launched an entire Comal pouched meal lineup which features eight gluten 34 CORRECTIONS FORUM • JANUARY/FEBRUARY 2017
BEYOND THE KITCHEN: ADD-ON SAFETY MEASURES Outside the kitchen, other ways to lessen chances of widespread illnesses in a facility include: • adequate hand-washing sinks • wash all laundry in the facility laundry • avoid overcrowding of living areas • isolate new admits until cleared by medical services • if barber tools, such as clippers and scissors, are permitted, properly clean with disinfectant —Tim Thielman, ACFSA International, president free protein-packed products.” In addition to its commissary division, for over 20 years the Union Supply Direct division has been sending packages directly to inmates. “Typically used as an incentive program, eligible offenders are allowed to receive packages purchased from family and friends but sent from our secure warehouses. Here the inmates get to receive most all the comforts of home which in turn are designed to help keep them happy. Depending on the state and the type of program, inmates are allowed to receive everything from flat screen TVs to Nike shoes to all sorts of name brand food and health and beauty products. Unlike the commissary, there is no limit to the variety and the price in these programs.” Aramark Correctional
Services also offers program solutions, says Stacy Langin, associate VP, Marketing, which are “designed to keep offenders satisfied and encourage good behavior so our partners can focus on their most important task—maintaining a safe and secure environment.” She concurs that “inmate dissatisfaction with food can lead to a host of security issues. Cutting corners on cost can end up being much more costly in the long run. Programs like FreshFavorites provide alternative, restaurant style meal options that can be purchased by the offender or their family. Our FreshFavorites program has been proven to improve offender behavior. At the core of our business, she says, “is an unwavering commitment to food safety and ensuring offenders get the nutrients they need. Our team of dietitians is the largest in the country, and work with culinary staff to create nutritional, satisUnion Supply Group’s Pancho’s Cantina lineup is a new private label created to leverage price with popular flavors inmates want.
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cate with our clients and put a plan in place to resolve the issue.”
Maintaining Health Food safety protocols are paramount to overall inmate welfare. Says Aramark’s Langin: “In addition to maintaining ACA standards, we implement rigorous food safety protocols and third party inspections to guarantee food preparation and handling is safe and efficient. All facilities should have robust food safety and handling training and regularly demonstrate safe practices by conducting regular audits on processes and overall sanitation. Reporting and performance management is crucial to maintain a sanitary facility.” ✪
Aramark implements rigorous food safety protocols and third-party inspections to guarantee food preparation and handling are safe.
fying meals for offenders that are customized to our clients’ budgets.” To avoid health issues from recalls, they can pinpoint ingredient sources quickly, she says. “Using our proprietary software, we are monitoring where ingredients are purchased and where they are being used. Should a recall arise, we can quickly communi-
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For more information: The Stero Company, www.Stero.com, Doug Cole, business development manager, Doug.Cole@itwfeg.com, 937-831-0799 Aramark Correctional Services, 1.800.777.7090, www.aramark-corrections.com ACFSA (Association of Correctional Food Service Affiliates) International, 818.843.6608, www.acfsa.org Union Supply Group, 310.603.8899, www.unionsupplygroup.com Trinity Services Group, 813.854.4264, www.trinityservicesgroup.com
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BY DONNA ROGERS, EDITOR-IN-CHIEF
No Cash Vs. Bail Release Momentum is growing for non-monetary release of those awaiting trial, and evidence is showing their failure to appear rates remain about the same.
Dominic Torrance was swept up by Baltimore police on April 28, 2015, the night of the riots protesting the death of Freddie Grey, and was not charged immediately, according to HBO’s program Vice News. He was indicted on a charge of disorderly conduct and rioting, and bail was set at $250,000—incidentally the same bail the officers were given in death of Grey. It was an amount that Torrance was not able to post. Even the 10% a bail bondsmen would typically charge, $25,000 in this case, was out of the question. (Of course the fee to the bondsmen is their premium to keep, which is the cost of doing business, and that is never
returned whether the defendant is found guilty or innocent.) After Torrance spent a month in jail, the charge against him was dismissed by the state for a lack of evidence. In the meantime, he says, all his finances got “messed up” because he was not able to help with the household (his girlfriend had to stop working and drop out of school to care for her two sons). It is not unusual in the U.S. for those committing low-level offenses to be locked up, and the practice impacts the indigent disproportionately. The United States in fact leads the world in the number of pretrial detainees, according to a report by the
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National Institute of Corrections, an agency of the Department of Justice. An estimated half a million people are in the country’s jails on any given day because they cannot make bail. On a single day in New Jersey, one study found, more than 1,500 defendants were in jail because they could not come up with $2,500 or less, according to a June 10, 2015 article in The New York Times. In 2013, 62 percent of all county jail inmates were nonconvicted individuals waiting trial according to the Bureau of Justice Statistics, the majority of whom were there because they could not pay their bail, reported Kelly Allen in a blog on TheBurnsInstitute.org. This compared with 50 percent in 2000. And in New York, only 18% of defendants can pay bail set at CORRECTIONS FORUM • JANUARY/FEBRUARY 2017 37
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A 2013 study of nearly 2,000 Colorado defendants found very little statistical difference in failure to appear rates between those released on unsecured bonds (PR bonds where defendant promises to pay only if he fails to appear) and secured bonds (cash bonds and surety bonds posted by a bail bondsman).
$1,000 or more, according to state Senator Michael Gianaris of Queens. He has proposed legislation that would eliminate money bail in certain instances, on recommendation of a pretrial services agency, which would supply background on the defendant. What’s more, some languish in jail a long time awaiting trial. In Baltimore, the Vice News segment alleges, it typically takes seven to eight months for a trial to come up.
Supporters of Reform Others support bail reform too, and some have for years, but making major changes that challenge the status quo is an uphill battle. Mainstream groups such as the American Bar Association have come down on the side in support of reform. In their pretrial release standards, they state: “the 38 CORRECTIONS FORUM • JANUARY/FEBRUARY 2017
judicial officer should assign the least restrictive condition(s) of release that will reasonably ensure a defendant’s attendance at court proceedings and protect the community, victims, witnesses or any other person. Such conditions may include participation in drug treatment, diversion programs or other pre-adjudication alternatives.” The organization furthers: “Consistent with these Standards, each jurisdiction should adopt procedures designed to promote the release of defendants on their own recognizance or, when necessary, unsecured bond.” They add: “Release on financial conditions should be used only when no other conditions will ensure appearance….” And “when financial conditions are imposed….bail should be set at the lowest level necessary to ensure the defendant’s appearance and with
regard to a defendant’s financial ability to post bond.” The ABA also makes a case for establishing pretrial services agencies, stating that: “Every jurisdiction should establish a pretrial services agency or program to collect and present the necessary information, present risk assessments, and, consistent with court policy, make release recommendations required by the judicial officer in making release decisions….” Momentum is building around criminal justice reform. Classaction lawsuits have been filed against jurisdictions addressing the unequal use of money bail including an October 2015 filing against the city of San Francisco, says the Burns Institute blog. “San Francisco is being sued for what a federal class-action lawsuit argues is an unjust bail system that penalizes the poor with
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unpayable amounts for small offenses, yet allows wealthy defendants charged with serious crimes back on the streets because they can afford to pay,” according to an article in the San Francisco Examiner. It furthers: “The City’s bail system is unconstitutional because it violates the principle of equal protection under the law, the lawsuit alleges. Six similar lawsuits have forced local jurisdictions across the country to amend their bail schedules so the poor are not negatively impacted.”
Some Early Successes For the past 20 years, Washington, D.C., has virtually eliminated cash bail. Their courts release 80% of defendants on a PR (person recognizance) bond before trial. The remaining 20% are either held without bond because they are determined too high of a risk to release (15%) or released on cash bond after a determination that they have sufficient income to make bond (5%). A research report conduct-
ed by the Pretrial Justice Institute for the District of Columbia The D.C. Pretrial Services Agency: Lessons from Five Decades of Innovation and Growth, Case Studies, measured performances of defendants on release prior to their trials and results are promising. “With an effective pretrial services agency making accurate risk assessments and supervising defendants on release, those released before trial have an 89% court appearance rate. Similarly, 89% are not rearrested for a new crime before trial,” the agency reported. Studies have shown that being held pretrial has negative effects on defendants’ outcomes, receiving a higher incidence of convictions and lengthier sentences than those with identical crimes released on bond, according to a report by Texas Appleseed, a nonprofit justice agency. The study they cite is 2012 research by Texas A&M’s Public Policy Research Institute (PPRI) that compared Wichita County defendants who are otherwise statisti-
cally identical, except for whether they were released pretrial. They found that those who made bond had a: • 333% better chance of receiving deferred adjudication; • 30% better chance of having the charges against them dismissed; • 24% less chance of being found guilty; and • 54% fewer jail days sentenced. The lengthier the jail time served, the higher the incidence of the offender committing a new crime before trial, according to Texas Appleseed. “In a groundbreaking Arnold Foundation study of defendants in Kentucky jails, low-risk defendants held at least two to three days were almost 40% more likely to commit a new crime before trial than a low-risk defendant held no more than 24 hours,” they said quoting a 2013 study by Lowenkamp et al. titled The Hidden Costs of Pretrial Detention. The longer low-risk defendants were held, the more likely they were to reoffend, the Hidden Costs
Bail bondsmen oppose elimination of non monetary release, saying they have a greater success rate with court appearances.
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study found. Those detained more than a month were 74% more likely to commit a new crime before trial than those released within 24 hours. Long-term recidivism was also correlated with longer pretrial detention periods. Compared to low-risk defendants released within 24 hours of arrest, those detained two to three days were 17% more likely to commit a new crime within 2 years; those detained one to two weeks were 51% more likely. One likely explanation for this, says the Texas Appleseed report, “is that longer pretrial detention makes it more likely low-risk defendants will lose their employment, lose their housing, and encounter family disruptions and other obstacles as a result of their jail stay, thus increasing the likelihood of future criminal activity. “ Further, failure to appear rates were worse in defendants held longer pretrial. The Hidden Costs study states: Low-risk defendants held two to three days were 22% more likely to fail to appear than similar defendants held for less than 24 hours. Low-risk defendants held 15 to 30 days were 41% less likely to appear. In further damning evidence against bail bond agents, the Appleseed report claims “Surety bonds and bail bondsmen do not reduce the risk of defendants committing a new crime, nor do they improve court appearance rates or rate of fugitive return compared to unsecured bonds.” It quotes a 2013 study of nearly 2,000 Colorado defendants that compared those released on unsecured bonds (PR bonds where defendant promises to pay only if he fails to appear) and secured bonds (cash bonds and surety bonds posted by a bail bondsman). The researchers found no statistically significant difference in the rate of rearrest for new crimes before trial between defendants of the same risk level released on different types of 40 CORRECTIONS FORUM • JANUARY/FEBRUARY 2017
bonds. For example, 93% of lowrisk defendants released on unsecured bond were not charged with a new crime; 90% of defendants released on secured bond were not charged with a new crime. The study by Michael R. Jones for the Pretrial Justice Institute goes on to say: “There were no statistically significant differences in the court appearance rates of defendants of the same risk level released on unsecured bonds versus secured bonds. For example, 97% of low-risk defendants on unsecured bond appeared in
documents the defendant is a flight risk or danger to the community. The bill also incorporated the use of a research-based, validated pretrial risk assessment tool statewide. In the first year, non-financial release increased from 50% to 66% of all defendants, reported Pretrial Services, Kentucky Administrative Office of the Courts. The release rate of low-risk defendants jumped from 76% to 85%, and the statewide pretrial jail population decreased by 279 people. Court appearance rates and public safety rates
The bail bond industry is a $2 billion a year industry. There are 15,000 bail agents nationwide. court; 93% of low-risk defendants on secured bond appeared in court. Finally, the report stated, there was no difference in the rate of fugitive return between unsecured and secured bonds, undermining bondsmen claims that they successfully located and returned fugitives to court at a greater rate.
Programs Under Way In addition to the District of Columbia, a few jurisdictions have effected reform with good results, notes the Appleseed study. In 2011, Kentucky overhauled its pretrial release laws with the passage of legislation that created a presumption for non-financial release of low- and moderate-risk defendants, with financial bond only if a judge
remained steady, despite the higher release rates. As we go into 2017, a major overhaul of the New Jersey bail system is about to take effect. While supporters of the law—it passed the Legislature by wide margins—say the change will mean minor offenders can return to work while they await trial, creating a fairer system for many, opponents complain it will cost more money, according to Associated Press article appearing in South Jersey’s Courier-Post. At the end of November, N.J. state Senate President Steve Sweeney unveiled new legislation calling for 20 additional judges to accommodate the bail reform changes. “The primary opponents of the change have been local governments, who argue that they’ll have to spend $1 mil-
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lion to $2 million to implement the changes, which they say would require more staffing,” the article stated. “Supporters of the reforms cite jail overcrowding and unfairness to minorities and poorer residents as the top factors leading to change.” It’s not entirely clear how much it will cost taxpayers, but some expenses have been identified, the article points out. “The Office of Legislative Services estimated in 2014 that the state budget would save about $42 million, including savings from no longer housing inmates. It also identified a combined $20 million in costs for legal services and for implementing a digital courts system to accommodate the reforms, as well as $35 million for staff to conduct the risk assessments, monitor defendants and conduct drug tests.” The plan goes into effect in January, so it remains unclear exactly how much it will cost and what the outcomes will be. In Maryland, Attorney General Brian E. Frosh is leading the way by last year calling the state's bail system “unconstitutional.” This then prompted a court rules committee led by retired Court of Appeals Judge Alan M. Wilner to recommend changes. In November the Standing Committee on Rules of Practice and Procedure of the Maryland Court of Appeals voted 18 to 5 to recommend an overhaul of the state’s money-based bail system. At a hearing on January 6, former U.S. Attorney General Eric Holder joined Maryland's top attorney and judges in urging the state's highest court to adopt new rules designed to prevent people who have been arrested from languishing in jail because they are unable to afford bail, according to the Baltimore Sun. After a hearing that stretched more than six hours, the Court of Appeals put off voting on a change until February. The proposed revisions call for judges and court commissioners to view
requiring bail as a last option after considering a defendant's financial means. An initial motion to adopt the changes failed to pass after garnering three votes from the seven judges. Some judges wondered if jurisdictions across the state were prepared to supervise an increase in people who are released under court-mandated conditions. Others thought the change might even lead to an increase in people being detained. "If I were the trial court judge and had even a moderate concern about reoffense on a victim, I'm going to keep him in detention," he said in an interview with The Sun. Frosh does not rule out money bail entirely, but he wrote that neither a judge nor a commissioner may "impose a financial condition solely to detain the defendant." He said those court officers must impose the least onerous conditions necessary to ensure that a defendant shows up for trial and to protect victims and public safety. "People should not be held in jail because they're poor," AG Frosh told the judges. "Dangerous people should be detained pending trial. The proposed rule, I believe, is consistent with both of those principles," he stated in the Baltimore Sun’s Oct 12, 2016 edition. Former U.S. Solicitor General Paul Clement led those speaking out against the change, saying the bail system is "plainly constitutional" and should be an option for those seeking release. "If we're concerned about unnecessary detention, we should keep a robust bond industry available," said Clement, who told The Sun afterward that he appeared at the hearing representing the bail bond company Lexington National Insurance Company. A decision is expected by the Maryland Court of Appeals on February 7. ✪
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