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Chapter 7: Managing Prisons and Prisoners

CHAPTER OVERVIEW Chapter seven begins with descriptions of the development and organization of the federal prison system and state prison systems. Segregation and solitary confinement issues are covered in detail with distinction made between administrative and disciplinary segregation. The importance of inmate classification is presented with an emphasis on the importance of objectivity in the classification process and a distinction between external and internal classification. The concept of criminogenic needs (including static and dynamic factors) is included in the classification discussion. The chapter continues with an overview of prison staff—with correctional officers and treatment staff being highlighted. A discussion of private prisons and their growth in the United States concludes the chapter. CHAPTER LEARNING OUTCOMES

1. Outline the development and organization of the federal prison system. 2. Outline the development and organization of the state prison systems. 3. Distinguish between administrative and disciplinary segregation and describe solitary

confinement. 4. Explain how prisoners are classified and assigned in prisons. 5. Describe the various jobs and functions of prison staff. 6. Summarize the privatization of prisons.

LECTURE OUTLINE THE DEVELOPMENT AND ORGANIZATION OF THE FEDERAL PRISON SYSTEM

• The Federal Bureau of Prisons manages and regulates all federal prisons

A Brief History of the BOP o Established by Congress in 1930. The BOP Today o Consists of 122 institutions and is responsible for almost 200,000 prisoners. o Most BOP inmates are sentenced for drug offenses. Security Levels at Federal Facilities o Minimum, low, medium, high, administrative.

THE DEVELOPMENT AND ORGANIZATION OF STATE PRISON SYSTEMS

• State prison systems are typically operated by the state’s Department of Corrections or similarly named agency.

Security Levels at State Facilities o Minimum, medium, maximum. o Troublesome inmates can be handled with a dispersion approach (troublemakers are

spread around the state prison system or in various units of the prison) or by a concentration approach (troublemakers are grouped together for easier management).

SEGREGATION AND SOLITARY CONFINEMENT

• Segregation, which is used in prisons of all security levels, varies in terms of the housing conditions used, the duration of the segregation, and restrictions placed on the inmate.

• When the segregation housing unit has especially high levels of restrictions and control they are called Special Housing Units (SHUs) or by some similar name. Administrative and Disciplinary Segregation o Administrative segregation, often for an indeterminate period, is considered

nonpunitive. Could be for purposes of awaiting classification, transfer to another facility, or to meet particular needs.

o Disciplinary segregation, usually for a specific time, is a punitive measure for prison rule violations.

Solitary Confinement and Other Conditions of Segregation o When segregation involves intense control and isolation it is said to be solitary

confinement. o Solitary confinement is controversial because of its apparent negative impact on

psychological and physical health without effectively reducing prison misconduct. Less Reliance on Segregation o Some states have banned or restricted the use of solitary confinement. o When solitary confinement is not an available option for inmate misconduct, success

has been found with greater reliance on rehabilitation, design changes, and violence prevention efforts.

INMATE CLASSIFICATION

• Determines the facility and programs for sentenced prisoners.

Classification in the Early Years o Earliest classification procedures separated prisoners on basis of such simple criteria

as age, gender, and offense seriousness. Increasing Objectivity in Classification o Increased concern for risk posed and treatment needed resulted in more objective

procedures. External Prison Classification o Determines a prisoner’s custody level, which in turn determines the initial prison

where sentence is served. Internal Prison Classification o Determines housing, work, and program assignments within the assigned facility. Criminogenic Needs o Criminogenics = beginnings of criminal behavior o Program needs requires attention to factors predicting recidivism (i.e., criminogenic

factors). o Static criminogenic factors happened in past or can’t be changed—such as age at first

arrest, number of prior arrests, alcohol/substance abuse history. o Dynamic criminogenic factors can be changed—such as antisocial attitudes, poor

self-control, criminal thinking patterns. o Classification to programs are matched to dynamic factors. Reclassification

o Classification procedure designed to keep pace with changing risks and needs of prisoners.

PRISON STAFF

• Includes a wide variety of positions, but especially relevant are correctional officers and treatment staff.

Correctional Officers o Maintain order within institution and enforce rules and regulations. o Requires persons who are intelligent, well-trained, and have extensive interpersonal

skills. Treatment Staff o Includes psychologists, social workers, and other professionals working on prisoners’

health, ethical, educational, vocational, and recreational issues. PRIVATE PRISONS

• Prison management increasingly may be the responsibility of corporate employees in private facilities.

Privatization in the United States Today o A correctional facility operated by a non-governmental organization (often for-profit)

under contract with federal or state authorities. ADDITIONAL ASSIGNMENTS AND CLASS ACTIVITIES

1. Watch a 25 second video of a drone delivering contraband to a prison (see https://www.washingtonpost.com/video/national/watch-how-a-drone-can-deliver- contraband-to-a-prison/2016/09/23/f54def3e-8193-11e6-9578- 558cc125c7ba_video.html).

2. Use the interactive map at http://nicic.gov/statestats/ to find key corrections statistics for Oregon.

3. Get additional information about private corrections from the Association of Private Correctional and Treatment Organizations at http://www.apcto.org/

4. Mother Jones senior reporter Shane Bauer spent 4 months working as a private prison guard. Here’s his report (http://www.motherjones.com/politics/2016/06/cca-private- prisons-corrections-corporation-inmates-investigation-bauer)

Chapter 8: Prison Life

CHAPTER OVERVIEW The prison social system provides the base for Chapter 8 material. The concept of prisonization is introduced and the inmate subculture is explained as a mixture of deprivation and importation models, along with the influence of administrative and staff control. One aspect of the inmate subculture is the inmate code, but that code differs for women and for men. Prison argot or jargon is explained (with examples of the language). Other important aspects of prison life include work assignments and the role of the sub rosa economy and each of those receives attention in the chapter. The broad category of collective behavior is described with particular examples of prison gangs and security threat groups in men’s prisons and play families in women’s prisons. The chapter concludes with coverage of prison violence through reference to sexual assault, disturbances, and riots. CHAPTER LEARNING OUTCOMES

1. Discuss the evolution of prison norms and the changes in mainstream prison culture. 2. Explain the benefits and challenges of assigning jobs to incarcerated inmates. 3. Compare and contrast prison gangs and play families in terms of their structure, purpose,

and management. 4. Discuss the incidence of sexual assault and violence in prisons.

LECTURE OUTLINE WHO IS IN PRISON?

• Most prisoners are young men between the ages of 18 and 35. • At 7% of the prison population, females are disproportionately underrepresented. • A disproportionate number of African-American and Hispanic individuals are in prison—

a situation likely related to socioeconomic status.

Federal Prisoners o Comprise 9% of all prisoners held in the United States.

LEARNING PRISON NORMS • Just as one is socialized into mainstream society, one must also be socialized into prison

and the inmate subculture. • The process by which prisoners learn prison norms, values, and beliefs is called

prisonization.

Deprivations of the Big House o One explanation for the existence of the inmate subculture is the deprivation model,

which argues that the inmate subculture is the result of people being isolated from family and friends, no longer having personal possessions, having to get permission for such taken-for-granted tasks as shaving and bathing, and having no freedom of movement.

o Contrasted with that explanation is the importation model, which argues that rather than being stripped of their outside status upon entering prison, inmates bring a great deal of behavioral baggage with them to prison and retain it during their stay.

o Current explanations for prison culture incorporate a mix of deprivation and importation theories along with the influence of administrative and staff controls.

Inmate Code

o Refers to an unwritten set of norms directing an inmate’s behavior. o It is learned by word of mouth and enforced via bullying, harassment, or violence. o Separate codes are identified for men and women. Prison Argot o Also called “prison-proper,” refers to the language, slang, and physical gestures used

to communicate meaning in prison.

PRISONER JOB ASSIGNMENTS • Prison labor can be an income source and also a way to keep inmates occupied. • Includes such jobs as institutional maintenance (menial labor ranging from laundry and

food preparation to lawn care and janitorial work), agricultural work (crop and livestock management), and prison industries (manufacturing and factory jobs).

SUB ROSA ECONOMY

• Underground economy based on negotiation and exchange of goods and services between prisoners without the use of cash.

Prisoner Misconduct o Important because of its association with adjustment to prison, readiness for early

release, and, possibly, future recidivism. o Particularly serious form of misconduct is smuggling of contraband such as metal

tools, drugs, cell phones, cigarettes, or cash. COLLECTIVE BEHAVIOR

• Prison groups can be positive (e.g., athletic teams, Bible study, chess club) or negative (e.g., gangs).

Prison Gangs and Security Threat Groups o Prison gangs, which have been around since the 1950s, are today more commonly

called Security Threat Groups (STGs) because of their predatory activities and their presence poses a threat to security and safety of staff and inmates.

o Despite efforts to control STGs, they have a stronghold in maximum-security prisons. o STGs are structured in a variety of ways with some being clearly hierarchical and

others being part of a larger organization but acting independently. Some groups are more loosely structured with a designated leader.

Groups in Women’s Prisons o More likely to be organized around play families than gangs. o Play families provide mentoring relationships and can help protect family members

from predatory inmates. PRISON VIOLENCE

• Although violence occurs in all prisons, it is concentrated in higher-security units and within certain groups.

• Most common acts of violence involving two people are inmate-inmate threats, assaults, and sexual assault.

Sexual Assault and Rape

o The Prison Rape Elimination Act (PREA) provides guidelines to protect prisoners from rape.

o About 70% of reported incidents of adult sexual abuse of inmates were committed by staff members rather than by other inmates.

o Victims of inmate perpetrators tend to be young, first-time, nonviolent, Caucasian, from a middle-class background, unaffiliated with a group, known to be gay or bisexual, and perceived to be developmentally disabled or mentally ill.

Reflection: How would you respond to the comment, “getting assaulted in prison is simply another aspect of one’s punishment”? Are prison officials ethically obliged to do their best to prevent prison rape, or are any prevention efforts more appropriately described as simply necessary for prison management purposes? COLLECTIVE VIOLENCE

• Includes disturbances, which are common and involve fighting and disruptive behavior such as noise and property damage, banging on cell doors, throwing urine/feces at officers.

• Disturbances occur less often in female prisons and are most often group strikes, fires, and fights. Prison Riots o A large number of inmates make a forcible attempt to take control of a sizable area of

the prison for a substantial amount of time. o Predisposing factors that can lead to riots include administrative breakdown, severe

staff shortages, perceived oppressive conditions, ongoing racial tension. o Triggering events are not the cause of the riot, but some event such as racial tension

or officer behavior that provokes the inmates to riot. ADDITIONAL MATERIAL

1. Get more information about the Prison Rape Elimination Act by visiting the National PREA Resource Center at http://www.prearesourcecenter.org/

Chapter 9: Special Correctional Populations

CHAPTER OVERVIEW Chapter 9 considers four population groups for specialized coverage: sex offenders, pregnant women and parents with minor children, prisoners with an infectious disease, and the aging and terminally ill prisoners. Types of sex offenders and possible treatments are noted for that population. In the section on pregnant and parenting women, various procedures for both mother and child are reviewed and the availability of prison nurseries in some states is mentioned. Health care issues concentrate on HIV/AIDS and on prison procedures for handling these groups. The growing presence of elderly prisoners in America’s prison is noted and explanations are offered for why this is an important population for correctional policy. CHAPTER LEARNING OUTCOMES

1. Summarize prison treatment programs that address the differences among sex offenders. 2. Describe the alternatives that pregnant mothers have once they give birth to their babies

while incarcerated.

3. Explain the issues caused by the growth in the number of prisoners who have special health care needs.

LECTURE OUTLINE TREATMENT PROGRAMS IN PRISON

• In-prison treatment programs based on cognitive behavioral interventions can reduce recidivism between 20-30%.

• Such programs identify and change thinking errors (e.g., blaming others, seeing self as victim) in order to change offender behavior.

TREATMENT THAT ADDRESSES SEX OFFENDING

• Treatments must consider the antisocial attitudes, thinking errors, and different types of sex offenders.

• Sex offenses are most often reported to officials when the perpetrator is a stranger; but victims are actually more likely to know their perpetrator.

• Treatment must use multiple approaches that may include cognitive behavioral therapy to address thinking errors and minimization, victim empathy, polygraph to avoid denial and aid in divulging previous sex offenses, and aversive conditioning.

• Treating sex offenders in a separate therapeutic environment is very important to reduce anxiety and threats to one’s safety that would arise if sex offenders were housed within the larger prisoner population.

PREGNANT WOMEN AND PARENTS OF MINOR CHILDREN

• Incarceration is especially difficult for new mothers and single-parent caretakers.

Being Pregnant While Incarcerated o Six to ten percent of women entering prison are pregnant. o Once in labor, the pregnant inmate is transferred to a hospital for delivery then

returned to prison after giving birth. o The baby, who stayed at the hospital, is given to a family member or to social

services. Prison Nurseries o Some prisons allow mothers to keep their newborn children in separate facilities

inside the prison. o Purpose is to provide opportunity for infant and parent to bond—an important

developmental step for the child. o The United States is one of the few developed countries that routinely separate

children from their mothers upon incarceration.

HEALTH CARE AND MEDICAL ISSUES • People in prison do not have the opportunity to care for themselves so that responsibility

falls to the government. • Nearly 40 states deduct money from an inmate’s account for each infirmary visit, or a co-

pay is deducted on an annual basis to curb rising health care costs.

Prisoners with HIV/AIDS o A disproportionate number of HIV-positive persons are in correctional facilities—

mostly because persons engaging in criminal activity are also more likely to engage in behavior placing them at risk for HIV and other communicable diseases.

o HIV-infected inmates live among the general population until such time as the inmate may contract AIDS and they are then segregated from the general population for their safety and to prevent the spread of communicable diseases.

Treatment of Other Communicable Diseases o At intake, inmates are generally tested for tuberculosis, hepatitis B, hepatitis C, and

sexually transmitted diseases. o The spread of communicable diseases is a problem in prison because of the crowded

conditions, poor ventilation, and movement of inmates around the facility.

AGING PRISONERS • Longer prison sentences and reductions in the use of parole means inmates are growing

old in prison. • Aging prisoners are those age 50 and older—even though that is “middle age” outside of

prison. • Older inmates are the fastest growing and most costly segment within the general prison

population. • Geriatric prisons are separate facilities specifically designed for aging inmates with three

or more chronic conditions, inmates with physical limitations, and/or inmates of any age who are terminally ill.

• Many state and federal prisons have compassionate release or medical parole available on a case-by-case basis for inmates who are permanently incapacitated, those who have less than one year to live, and/or those who no longer pose an imminent danger to the community.

Prison Hospice o Operate similar to community-based hospice services in that the inmates are provided

with medication to manage pain; are cared for by a team of nurses, social workers, dieticians, pharmacists, and clergy.

ADDITIONAL MATERIAL

1. Watch a 5-minute video Elderly in Prison found at https://www.aclu.org/criminal-law- reform/elderly-prison.

2. Get additional information about the implications of having so many elderly prisoners by reviewing the ACLU report at https://www.aclu.org/criminal-law-reform/report- americas-expense-mass-incarceration-elderly

3. Get additional material on prison nurseries at https://chronicleofsocialchange.org/analysis/the-controversial-emerging-notion-of-prison- nurseries/2362

4. Get additional information on the mass incarceration of people with disabilities by reviewing the Center for American Progress report at https://www.americanprogress.org/issues/criminal- justice/reports/2016/07/18/141447/disabled-behind-bars/

Chapter 10: Reentry Programs and Parole

CHAPTER OVERVIEW

Chapter 10 explains reentry as a process of release preparation that begins in the institution and continues in the community. Key aspects of that process that are covered in the chapter include the importance of educational and vocational skills and the role of prerelease facilities and community reparation boards. The distinction between conditional and unconditional release from prison is made and examples of each type are provided. Parole, as an example of conditional release, is given extended coverage that includes its history and the growing role played by mandatory supervision as an alternative to discretionary parole. CHAPTER LEARNING OUTCOMES

1. Describe the importance of reentry in reducing the challenges that prisoners face when they are released from prison.

2. Explain the benefits of education and vocational programs to inmates. 3. Outline the different forms of release from prison, including the evolution of parole.

LECTURE OUTLINE THE REENTRY PROCESS

• The vast majority of prisoners will eventually be released to the community, so it behooves everyone to prepare both prisoner and community for that release.

• Reentry is a process of release preparation that begins in the institution and continues in the community.

• Success requires a partnership between state corrections departments and community agencies such as social services, mental health services, and the court.

EDUCATION AND VOCATIONAL SKILLS IN REENTRY PREPARATION

• Improved academic and vocational education are important for reentry to the community. • About 4 in 10 of all adult inmates in jails and prisons have not completed high school nor

received the equivalent GED. • A disproportionately high number of prisoners and jail inmates have a cognitive learning

disability.

GED and Secondary Education o GED programs are typically available in prison and the GED certificate is usually

accepted as equivalent to a high school diploma. o Many GED programs are self-paced so that students do not become bored or

frustrated. Despite this, few inmates earn their GED while incarcerated, so some state prisons are trying to increase the educational level of inmates prior to their release.

College Programs o Prisoners may enroll in college programs at their own expense and can earn

associates, bachelors, and graduate degrees. o Earning an associate’s degree or becoming certified in a trade while incarcerated was

related to higher pay, more hours, and less recidivism for former offenders after release.

Vocational Programs o Provide marketable skills for post-release employment.

COMMUNITY CORRECTIONS IN REENTRY • Prerelease facilities and community reparation boards are important for reentry.

Prerelease Facilities o Refers to minimum-custody facilities based either in the prison or in the community. o Prisoners are released from the facility on furlough for 24-72 hours in order to find

post-release employment or housing, or to aid in establishing community contacts and maintaining family ties.

Community Reparation Boards o Refers to a group that facilitates involvement of community members and treatment

providers in an offender’s reentry to society. o Assist in finding a job, a place to live, and in providing an opportunity to give

community members a positive impression of former offenders.

RELEASE FROM PRISON • Release from prison can occur with (conditional release) or without (unconditional

release) continuing conditions. • Unconditional release may occur as a result of the expiration of a prisoner’s full sentence,

or the commutation of sentence. • Conditional release may occur as a result of discretionary parole or supervised mandatory

release.

History of Parole o Traced back to Alexander Maconochie and his “mark” system, which rewarded

prisoners who participated in work and education programs with early release from prison.

o The idea was further developed by Walter Crofton who established a three-stage incremental process that allowed early release but provided for the return to prison of misbehaving inmates.

The Parole Decision o The granting of parole, in those states where parole is possible, requires the prisoner

to meet minimum eligibility requirements and to receive a positive vote from the majority of parole board members.

Decrease of Discretionary Parole and Rise of Mandatory Supervision o During the 1970s, parole was attacked as giving parole boards too much discretion

over prisoner’s release. o States moved to determinate sentencing and supervised mandatory release to lessen

parole board’s power. o Today there are more mandatory than discretionary releases—but both still require

parole supervision. Field Parole Officers and Supervision o Whether supervision is the result of discretionary or mandatory release, the parolee

must meet certain conditions and report to a parole officer. o Conditions are similar to probation conditions. Revoking Parole o Most parolees are successfully discharged but others have their parole revoked. o Revocation may result from committing a new offense—in which case the parolee

may be returned to prison to finish the sentence or could receive a new sentence if found guilty of the new crime.

o Revocation may also result from a technical violation such as failure to report to the parole officer or failing to remain drug free—in which case the parolee may return to prison or be given increased supervision in the community (e.g., residential placement).

ADDITIONAL MATERIAL

1. Get additional information about educational programs in prisons from the Correctional Education Association website at http://www.ceanational.org/index2.htm and an especially good resource is the article “Top Nine Reasons to Support Correctional Education Programs” found at http://www.ceanational.org/images/Steurer_August2010- CT.PDF

2. Get more information on the reentry/release page at CrimeSolutions.gov (https://www.crimesolutions.gov/TopicDetails.aspx?ID=36)

Chapter 11: Legal Issues in Corrections

CHAPTER OVERVIEW Any rights that prisoners may have while incarcerated are said to come from state and federal constitutions and from state and federal laws. This chapter concentrates on federal sources and more specifically on the U.S. Constitution and the Civil Rights Act. From the Constitution, the terms writ of habeas corpus, ex post facto laws, and cruel and unusual punishment are highlighted. The importance of the Fourteenth Amendment and the theory of incorporation are noted, as well as the Amendment’s due process and equal protection clauses. The role played by the Civil Rights Act, particularly Section 1983, is explained and examples of inmate litigation under the Civil Rights Act are provided. Since it is not possible to provide examples of many prisoner rights topics, only two are highlighted in the chapter: access to courts and issues of religion. The first is selected since it is in many ways the most basic of prisoner rights (without it, no other claim to a rights violation can be made) and the second because it provides material for good class discussion. The chapter concludes with a review of civil disabilities to which criminal offenders may be subjected during incarceration (e.g., disenfranchisement) and even after completion of their sentence (e.g., sex offender registration laws). Finally, both individual and systemic methods designed to bring relief from collateral consequences are reviewed. CHAPTER LEARNING OUTCOMES

1. Outline the development and sources of prisoners’ rights. 2. Discuss the issues associated with prisoners’ rights in terms of their access to courts and

religion. 3. Describe how inmate litigation is limited. 4. Summarize the issues associated with the loss of civil rights. 5. Explain the ways civil rights can be restored and collateral consequences mitigated

following a conviction. LECTURE OUTLINE SOURCES OF PRISONERS’ RIGHTS

The U.S. Constitution o Eighth Amendment prohibits cruel and unusual punishment—which the Supreme

Court interprets as a flexible term that broadens with society’s evolving standards of decency.

o Fourteenth Amendment, which is important through the theory of incorporation, includes a due process clause (requiring individual states to follow due process when

depriving a person of life, liberty, or property), and an equal protection clause (equal protection of the law to all people within its jurisdiction).

The Civil Rights Act o The personal, natural rights that protect people against arbitrary or discriminatory

treatment. o Civil Rights Act is found in the U.S. Code as Title 42, Section 1983. o Prisoners have claimed civil rights violations on inadequate medical care, brutality by

prison staff, denial of access to religious material, and others.

A SAMPLING OF PRISONER RIGHTS ISSUES • Focus here is on access to courts and issue of religion.

Access to the Courts o Most basic right since without it would be no way to bring claims on other rights. o Prisons cannot restrict application for a writ of habeas corpus. o Prisons must provide adequate law libraries or adequate legal assistance. Issues of Religion o Free exercise clause of First Amendment includes freedom to believe and to act. o Can be no restrictions on the believe aspect but conduct can be subject to regulation

for protection of society. o If prison officials can prove that legitimate penological interests (e.g., prison

security) requires restriction on religious actions, those restrictions are allowed. The Turner v. Safley Standards o Four factors must be considered when determining if a prison regulation is a valid

policy. o Does the regulation have a valid rational connection to a legitimate governmental

interest; do inmates have available alternate means to exercise the asserted right; how would accommodation of the right affect correctional officers, inmates, and prison resources; and are there ready alternatives to the regulation?

LIMITING INMATE LITIGATION

• Prison Litigation Reform Act (PLRA) was enacted to limit prisoners ability to complain about conditions of their confinement or alleging violation of their constitutional rights.

• PLRA goals were to (1) reduce the volume of prisoner litigation and (2) improve the merit of those claims that are filed.

• Research concludes that PLRA has achieved both goals. CIVIL DISABILITIES AND OTHER POSTCONVICTION SANCTIONS

• Examples of sanctions imposed on convicted felons after serving their sentence. • The term civil disabilities refers to the partial loss of civil rights because of a criminal

conviction.

Invisible Punishments o Some civil disabilities are called invisible punishments because they operate out of

public view but have serious consequences. o Invisible punishments are important because they add collateral consequences to the

sentence, which means the invisible punishments have accompanying effects that

increase the negative consequences of the criminal conviction (e.g., loss of welfare benefits and access to public housing).

Sex Offender Registration, Notification, and Residence Restriction Laws o Collateral consequences applied to convicted sex offenders include sex offender

registration laws (requires registering with local police), public notification laws (requires public to be notified of the name and location of certain sex offenders), and residence restriction laws (requires sex offenders to live in certain areas or restricts them from living in other areas).

Civil Disenfranchisement o Refers to loss of right to vote and is a collateral consequence of criminal convictions

in most states. o States regulate eligibility to vote—even for national elections—so restrictions vary

by state (e.g., Maine and Vermont do not disenfranchise convicted felons at all, whereas the remaining states and D.C. disenfranchise convicted felons after terms of probation, imprisonment, or parole are completed.

o In some states, right to vote is lost permanently. RESTORING CIVIL RIGHTS FOLLOWING A CONVICTION

• All states and the federal government have some way to lessen or avoid the consequences of civil disabilities.

• In some jurisdictions for some offenses, restoration of rights is automatic after sentence completion or some specific time period following sentence completion.

• Although the pardon was often used in the past to lessen or remove the consequences of a criminal conviction, other methods are more often used today as the pardon power has fallen victim to political pressure.

• Individual restoration methods include the sealing of a conviction (making it inaccessible to the public), downgrading the offense from a felony to a misdemeanor for persons who have complied with conditions of supervision, or the issuing of a certificate of rehabilitation to persons who have met certain rehabilitative standards.

• Systemic relief methods include implementing ban-the-box policies that prohibit inquiries into a job applicant’s criminal history (at least at initial application) and educating offenders about collateral consequences (allowing for more informed plea negotiations and for information about remedies to the collateral consequences).

ADDITIONAL MATERIAL

1. Read about felon voting laws at http://felonvoting.procon.org/view.resource.php?resourceID=000286 For example, in 2016 Virginia’s governor acted to have the civil rights of some offenders automatically restored after they have met certain conditions—thereby moving Virginia from the “may lose vote permanently” column to the “restored after incarceration/parole/probation” column. For more information see http://restore.virginia.gov/

2. Learn more about collateral consequences with information from the Collateral Consequences Resource Center, which provides news and commentary about the collateral consequences of conviction, the legal restrictions and social stigma that burden people with a criminal record. See http://ccresourcecenter.org/

3. Visit the National Sex Offender Public Website’s interactive map at http://www.nsopw.gov/en-US/Registry and click on Oregon to find the link to the state sex offender registry. Read the Vox article “Why the sex offender registry isn’t the right

way to punish rapists” (available at http://www.vox.com/2016/7/5/11883784/sex- offender-registry).

4. Watch the documentary Pervert Park (see http://www.pbs.org/pov/pervertpark/). The film raises significant questions about whether sex offenders should have a second chance and if the experiences of these particular offenders can help in devising a successful strategy for reducing the growing number of sex crimes. Check video streaming options such as Netflix and Amazon Video.