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A better prison: A review of Nebraska’s

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RESEARCH PAPER

A BETTER PRISON: A REVIEW OF NEBRASKA’S DEPARTMENT OF CORRECTIONS.

By

Student/Group:Ima A. Student

Address:3777 Fort Street

Omaha, NE 68103

Phone;(402) 457-2583

E-Mail:

Instructor: Rose S. Hunte-Roberson

Class:SOCI 1010 #?

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Abstract

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The United States of America is a nation of prisons. Penal policies have undergone numerous transformations since the writing of the Constitution after the creation of the American government. The ideologies of the penal system have changed from retribution to rehabilitation and are now returning to its prior philosophy of retribution. Experts in the field of criminal justice and corrections are locked in debate on how best to reform the system so that it serves not only the society, to which it is responsible, but also the prisoners who are entrusted to its care. The central theme in most of the debates center around two factors, the good of the society versus the rights of the prisoner. Therefore, it is imperative that these two factors are always taken into consideration when discussing the reform of America’s penal system. The State of Nebraska shares the burden of every other state in the U. S., how to best serve and protect its citizens while providing justice through incarceration. As in all circumstances, there appears room for improvement. This paper will introduce a history of the Nebraska Department of Corrections. It will discuss its prison structure and governing statutes, its special prison populations and racial statistics. Additionally, it will discuss Nebraska’s death row procedures in comparison to Florida. The discussion will review Nebraska’s good time and parole procedures and identify problem areas within the above-mentioned areas. In conclusion, the paper will discuss a possible solution with supporting and dissenting views from peer reviewed research on the subject and demonstrate the need for future research in the science of criminal justice and corrections. The conclusion additionally will define the issue according to the three sociological perspectives of Symbolic Interaction, Functionalism, and Conflict Theory.

Table of Contents

Table of Contents3

Introduction: A History of the Nebraska Department of Corrections4

Prison structure and governing statutes 6

Special prison populations and governing statutes10

Racial statistics22

Death row and execution procedures and governing statutes26

Identification of problem areas32

Conclusion and Sociological Perspectives 34

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Introduction

A History of the Nebraska Department of Corrections

The Nebraska Department of Corrections was developed through the actions of the state legislature. On March 3, 1870, a joint resolution of the legislature created a joint committee to draft a bill that would provide for the immediate concentration, care, and keeping of state convicts. (Nebraska Department of Corrections). The Department of Correctional Services is organized in the following manner. At the head of the organization is the State of Nebraska, which oversees the entire institution. The Director of the Department of Correctional Services reports to the state. Under the director, there are five divisions, Medical administration, legal, administrative services, institutions, and program and community services. (Nebraska Department of Corrections) The medical administration is responsible for medical delivery services, the behavioral health administrator, and health services. Substance abuse, mental health, and psychiatric services are the responsibility of the behavioral health administrator. (Nebraska Department of Corrections) The legal division includes the legislative liaison and the division of planning, research, and accreditation. The planning, research, and accreditation division is responsible for management information services, and the criminal intelligence and drug database. (Nebraska Department of Corrections) Administrative services hold the responsibility of the accommodations director, finance and accounting, budget, engineering, Cornhusker State Industries, human resources, information systems, procurement, and special services. CornhuskerState Industries is responsible for the manufacturing and marketing of a variety of products and services produced by the inmates within the institutions. These products, by statute, are limited to NebraskaState agencies; county and local governments, including the sheriffs and police department; political subdivisions, public schools and colleges; non-profit organizations; and Private Venture Associates. (Nebraska Department of Corrections) The budget division maintains organizational development and staff training and development. Engineering oversees safety and sanitation; and procurement oversees clothing issues and the central warehouse. (Nebraska Department of Corrections) The division of institutions is responsible for emergency preparedness, the diagnostic and evaluation center, the Lincoln Correctional Center, the Nebraska Correctional Center for Women, The Nebraska Correctional Youth Facility, the Nebraska State Penitentiary, the Omaha Correctional Center, The Tecumseh State Correctional Institution, investigation, leisure time activities, translation services, drug interdiction, and religious services. (Nebraska Department of Corrections) The final division, programs and community services oversees central records, the CommunityCorrectionsCenter – Lincoln, the CommunityCorrectionsCenter – Omaha, the work ethic camp, parole administration, and programs. The programs division is responsible for classification, corrections compact, education, libraries, volunteers, the victim assistance program, and religion, which is a dually supervised with the division of institutions. (Nebraska Department of Corrections).

The Nebraska Department of Corrections proudly announces on their website that they employ over 700 women. Three hundred and thirty are employed as facility administrators, custody unit management personnel, and the division of parole. One hundred and seven are in mental health, health services, and substance abuse services. Finally, two hundred and seventy two women are employed in administrative and administrative support positions. (Nebraska Department of Corrections)

The Nebraska Department of Corrections provides in its fiscal report, its vision points. They state a vision for staff development and personal mastery, which is to recruit and retain at all levels a diverse workforce. They state a healing environment in which inmates are paramount and can obtain skills, educational tools, and treatment. They believe in credibility, a seamless criminal justice system, community awareness and involvement, best practices, fiscal accountability, offender accountability, family involvement, commitment to staff, and offender programs. (Nebraska Department of Corrections)

Legislative governance of the Nebraska Department of Corrections

The authority of the state in operating and maintaining the institutions of the Nebraska Department of Corrections is provided by the state legislature, and which has the authority for oversight and governance of that entire system. The authority is located at the state’s unicameral website and the rules regarding the operation of the correctional centers in the state are determined by the Nebraska legislature. Article IV-19 of the Authority states that the general management, control, and government of all state charitable, mental, reformatory, and penal institutions shall be vested as determined by the Legislature. (Nebraska Legislature) The authority of the Nebraska Department of Corrections is found in Section 83-171 of the Nebraska Legislature. It states, Section 83-171 of the Authority provides the creation and duties of the Nebraska Department of Corrections. The Department of Correctional Services will 1) maintain and administer the facilities required for the control, custody, treatment, and rehabilitation of those committed to the department and for the safekeeping of others that may be remanded to the department in accordance with the law; 2) supervise people committed to the department on parole and administer parole services in the facilities and in the community; and 3) develop policies and programs for the correctional treatment and rehabilitation of those committed to the department. (Nebraska Legislature)

The Nebraska Department of Corrections was developed through the actions of the state legislature and the Governor of the state appoints and fixes the salary of the Director of the Department of Corrections. (Nebraska Legislature) As noted previously, the Director is responsible for all divisions of the institution.

Prison Structure and Governing Statutes

Number of prisons and security levels

The Nebraska Department of Correctional Services (NDOC) has 11 institutions housing over 4,000 inmates. All male inmates enter the system through the Diagnostic and EvaluationCenter. They are evaluated and then assigned to other facilities. The NebraskaCorrectionalCenter for Women deals with all female inmates entering into the system. Nebraska is one of nine states nationwide that has all adult facilities accredited through the American Correctional Association. (Nebraska Department of Corrections) The institutions are as follows:

1.The Community Corrections Center – Lincoln (CCC-L) has a custody type listed as community, Levels A and B. The types of inmates housed at this facility are classified as long and short term, displaying appropriate institutional behavior, lower risk, males and females. It has a capacity of 200 inmates.

2.The Community Corrections Center – Omaha (CCC-O) has the same custody type and type of inmates as Lincoln with a capacity for 90 inmates, however, it is located in the city of Omaha.

3.The Diagnostic and Evaluation Center (DEC) is a maximum-security facility used as central receiving for all male commitments, re-admissions, evaluators and county safe-keepers (individuals held in custody for a variety of reasons related to safety ). It has the capacity to house 190 inmates.

4.The Lincoln Correctional Center (LCC) is a maximum medium facility that houses inmates who are younger, multiple or first incarceration, long-term violent inmates. It provides permanent housing for inpatient special needs inmates, Protective Custody inmates and Administrative Confinement inmates who are male. It has a capacity for 308 inmates.

5.The Nebraska Correctional Center for Women (NCCW) is a maximum, medium and minimum facility that houses inmates who are central receiving with permanent assignment for all female commitments, re-admissions, evaluators and Safekeepers. It has a capacity for 139 inmates.

6.The Nebraska Correctional Treatment Center (NCTC) is a minimum security facility that houses inmates who are documented with severe substance abuse; have no chronic violence or sexual offenses; are not on psychotropic medications; and are within 3 years of release and are houses only males. It has a capacity for 90 inmates.

7.The Nebraska Correctional Youth Facility (NCYC) is a maximum, medium, and minimum facility that houses males that are 21 years or younger and are sentenced as adults. It has a capacity for 68 inmates.

8.The Nebraska State Penitentiary (NSP) is a maximum, medium, and minimum facility that houses older, multiple, long term violent inmates. It also houses Administrative Confinement and Protective Custody inmates, all of whom are male. This facility is the location of the electric chair used for executions. It has a capacity for 718 inmates.

9.The Omaha Correctional Center (OCC) is a medium and minimum facility that houses inmates who have long and short-term sentences. It is also a temporary holding institution for re-admissions, parole violators and community violators, and Protective Custody inmates, all of whom are male. It has a capacity for 396 inmates.

10.The Tecumseh State Correctional Institution (TSCI) is a maximum medium facility that houses inmates classified as long-term, multiple offense adult males. It provides segregation and general population placements. It is the facility for the permanent housing for Death Row and Intensive Management inmates. This facility established the following programs for its charges. They are Educational/life skills and vocational programs; self-improvement programs such as substance abuse treatment, religious programming, mental health and self-betterment activities; and support services. It has a capacity for 960 inmates.

11.The Work Ethic Camp (WEC) located in McCook, NE is designed for intensive supervision probationers, who have been ordered to complete the WEC program as a condition of their probation. There are no age limits for participation in the Work Ethic Camp; however, the offender must present a history of non-violent behavior and be physically and mentally fit to participate in the facility's programs, with reasonable accommodations. It is a 100-bed coed facility.

Inmate population

The Nebraska Department of Corrections classifies its inmates according to gender. The total average monthly population for 2005 was 4,086, which does not include the work ethic camp, parole, and the holding center. Factoring in these three ancillary units brings the average monthly population for the same year to 5,010. (Nebraska Department of Corrections) The cumulative number of women in custody is 409 with the average age being between 22 to 49 years. The majority of the women are incarcerated for drug offenses. Three hundred and seven of the total numbers that are incarcerated are first time offenders and only 26 of the multiple offenders have been paroled in the past. (Nebraska Department of Corrections) The average length of stay is six to 24 months and a majority of the women are single. (Nebraska Department of Corrections)

The cumulative number of men incarcerated total 3,808, with the average age being 22 to 49 years. The majority are housed at the Nebraska State Penitentiary located in Lincoln, Nebraska. (Nebraska Department of Corrections) The majority of males are incarcerated because of drugs with sex offenses being the second largest reason for incarceration. (Nebraska Department of Corrections) The majority of the males are first time offenders and three thousand five hundred and twenty have no previous history of parole. (Nebraska Department of Corrections) The average length of stay is 45.6 months and as with the women, the majority of the men are single. (Nebraska Department of Corrections)

Inmate to correction officers’ ratio

This author placed a call to the Nebraska Department of Corrections for the information regarding the inmate to corrections officers’ ratio. To this date, there has been no response to the inquiry. Interestingly, the Nebraska Department of Corrections compiles a comprehensive annual report that it provides to the state and posts on their website. However, this particular information is not part of the report. Additionally, there appears to be little information in the literature on this subject. Existing literature briefly discuss inmate-correction officer conflicts and issues of control of prisoners in the case of an emergency. Tewksbury and Mustaine (2005) discussed the limited availability of literature regarding prison correctional staff (p. 175). They conducted a study on the attitudes of correctional staff regarding the provision of prison amenities and the views this may have on the relationship and characteristics of correctional staff (p. 175). They noted that to disregard the perceptions, values, beliefs, and attitudes of correctional staff is to ignore the most important population regarding correctional practices (p. 175). However, since the Tewksbury and Mustaine study does not discuss the central point of this part of the paper, prisoner to correctional officer ratio, their discussion will serve other parts of this paper.

Special Prison Populations and Governing Statutes

Female inmates

As previously mentioned, the Nebraska Department of Corrections has 409 women incarcerated with the majority of offenses being drug related. Women that are not on parole or pat of the work ethics program are housed at the NebraskaCorrectionalCenter for Women located in York, Nebraska and it is the only secure correctional facility for adult women in the state. The facility has an average of 254 inmates and houses all classification levels of inmates except those in community A and B. (Nebraska Department of Corrections) p. 29). According to the Nebraska Department of Corrections, up to 80% of the women in this facility have self-reported drug abuse problems or involvement in domestic violence as adults or as children. (Nebraska Department of Corrections) Rather than simply addressing the issues, the staff at the facility attempt to focus on the roots of the problem through education and training that encourages personal responsibility and foster self-reliance. (Nebraska Department of Corrections)