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9.3 Modern Jails and Prisons

Although people often use the term jails and prisons interchangeably, they actually serve different purposes. Jails primarily serve two primary functions. First, they act as short-term holding facilities for individuals who have recently been arrested or are awaiting trial. Second, jails are used to incarcerate individuals who have been sentenced for misdemeanors and less serious crimes for periods typically lasting less than a year. In contrast, prisons are utilized to punish offenders who have committed more serious crimes, usually with sentences exceeding one year.

Photograph of the Richardsonian Romanesque-style pink sandstone building.
Figure 9.11. The Old Licking County Jail and Sheriff’s Residence in Newark, Ohio / Photo Credit: Carol M. Highsmith, photographer, PD

Jails

Most jail jurisdictions operate at the county level, where they are overseen by the elected sheriff. However, some jails are under the authority of police chiefs, county or city administrators, the state, or are privately operated. While jails primarily operate as housing inmates convicted of minor crimes, they also serve as holding facilities for persons awaiting trial, conviction, or sentencing. Additionally, jails accommodate individuals on probation or parole, absconders, and bail violators. In certain cases, jails may also detain juveniles or individuals with mental illness until they can be transferred to the appropriate facility. Furthermore, jails play a role in housing persons for the u.s. marshals service and immigration and customs enforcement (ICE) agencies.

In some instances, counties, especially those with small populations, may opt to utilize regional jails. Regional jails are often employed as cost-saving measures. For example, two neighboring counties with low populations may decide to combine financial resources to create a single jail larger, more efficient, and capable of offering more programs than two smaller, separate jails. However, one issue with regional jails is when there becomes ideological conflict between the two counties on how the jail should operate and how resources should be utilized.

Jail Inmate Demographics

At the end of the year 2021, local jails held 636,300 individuals (Zeng, 2022). Of these, 29% were either convicted and serving their sentence or awaiting sentencing from the court, while the remaining 71% had not been convicted and were awaiting trial or held for other reasons, such as civil infractions. Zeng (2023) estimated that in 2022, 76% of all jailed inmates were held for felony offenses, which was a higher percentage compared to 69% during 2017. However, the average daily population of jail inmates held for felonies in 2017 was similar to that in 2022, suggesting that the percentage change was due to a reduction in individuals held for misdemeanor charges. Policy changes, such as the legalization or decriminalization of marijuana, the elimination of bail, shifting social perspectives on mental illness, and even the impact of a major current event, such as the COVID-19 pandemic, could be factors contributing to the decrease in incarceration of misdemeanor offenders.

As demonstrated on Figure 9.12 below, the racial and ethnic composition of jailed individuals in 2022 was 48% White, 35% Black, 14% Hispanic, 1% Asian, and 1% Native American or Alaska Native (Zeng, 2023). These proportions have remained relatively consistent over the previous decade. When compared to the overall demographic distribution of the total U.S. population, it is evident that Black Americans are disproportionately represented in the U.S. Jail system. For example, Black U.S. residents are jailed at a rate 3.4 times higher than that of White U.S. residents.

Pie graphs showing Race/Ethnicity, Sex, and Age composition of jail inmates. In Race/Ethnicity, the graph shows 48% White, 36% Black, 14% Hispanic, 1% Asian and 1% American Indian/Alaska Native. In Sex, the graph shows 86% are Male and 14% are female. In Age, the pie graph shows less than 1% are 17 or Younger, 16% are 18-24, 34% are 25-34, 28% are 35-44, 14% are 45-54, 7% are 55-64, and 1% are 65 or Older.
Figure 9.12. Demographics of Jail Inmates in 2022 / Photo Credit: Wesley B. Maier and Kadence C. Maier, CC BY 4.0

In 2022, the majority, comprising 62%, of the jailed population fell within the age range of 25 and 44 years old. Moreover, men constituted the vast majority of the jail population, at 86%, while women comprised only 14% (Zeng, 2023). Although there remains a significant discrepancy between the percentage of men and women incarcerated in jails, this disparity has continued to gradually narrow over the past four decades.

Issues with Jail Management

Insufficient resources often poses challenges for jail management. Many jail facilities encounter constraints such as limited space, which substantially hampers staff’s ability to implement more comprehensive risk-assessment classification structures, similar to those commonly utilized by prisons. These limitations can lead to potential issues, particularly when segregating special populations or effectively managing rival gangs. Moreover, jails typically lack rehabilitation and reintegration programs compared to prisons. This deficiency stems from resource constraints and the short duration of inmate stays, which averaged 33 days in 2021 (Zeng, 2022).

Mental Illness Among Jail Inmates

One of the most prominent issues affecting Jails in the late 20th and early 21st centuries is the high number of inmates dealing with mental illness. While the incarceration of mentally ill individuals has always been a concern in both jails and prison, it wasn’t until the onset of deinstitutionalization of mental hospitals in the 1950s that jails began to encounter significant difficulties with an influx of persons with mental illness (Torrey et al., 2010). Major medical advancements in antipsychotic drugs in the 1960s and 70s provided individuals with the alternative opportunity to remain in society rather than being institutionalized in mental hospitals, thereby reducing the need for occupancy. Subsequently, states quickly recognized the cost-effectiveness of reducing the number of mental hospital beds, leading to a significant shift in the management and availability of mental health care. Politicians such as Ronald Reagan and Goodwin Knight advocated for the closure of mental hospitals around the 1960s and 1970s, accelerating deinstitutionalization, which gained momentum in the 1980s (Torrey et al., 2010). By 1994, only 12% of the estimated 560,000 state-operated mental hospital beds in 1955 remained open.

In the 1980s and 1990s, it became evident that while deinstitutionalization was initially well-intentioned, it was poorly planned and executed. The lack of available resources and beds in mental hospitals left few alternatives, forcing communities to rely on jails and prisons to manage individuals with mental illness, thereby transitioning mental illness from a public health concern into a criminal issue. Current reports indicate that 26%—or 1 in 4—jailed inmates meet the threshold for serious psychological distress (Bronson & Berzofsky, 2017), a rate 420% higher than the general population. Additionally, only 36% of jailed inmates showed no signs of mental health problems. At present, jails and prisons detain more mentally ill individuals than both private and public mental hospitals combined. While all states incarcerate a greater number of seriously mentally ill individuals compared to those housed in mental hospitals, states like Texas and Nevada incarcerate eight to 10 times the number of seriously mentally ill people compared to those housed in mental hospitals (Torrey et al., 2010). Unfortunately, despite the obvious need among their inmate population, as of 2019, only 26% of all U.S. local jails provided any mental health or psychiatric services (Zeng & Minton, 2021).

Drug and Alcohol Abuse Among Jail Inmates

Drugs have presented a significant challenge in the criminal justice system for centuries. According to the 2007-2009 National Inmate Survey, 60% of female inmates and 54% of male inmates reported drug use in the month preceding their current offense (Bronson et al., 2017). Based on the DSM-IV criteria used by psychologists, it was found that 72% of female sentenced jail inmates and 62% of male sentenced jail inmates met the criteria of drug dependence or abuse, a rate 15 times higher than that of the general public not under correctional supervision. Problematically, only 17% of local U.S. jails offered drug treatment services, with 16% of these services specific to alcohol treatment, thus, overlooking the need for other drug treatment and rehabilitation services (Zeng & Minton, 2021).

Preexisting drug dependency and addiction issues among inmates persist upon incarceration, leading to a demand for illegal drugs within jail facilities. Due to the heightened difficulty of accessing drugs in jail, they are often sold at significantly inflated prices. This increased value incentivizes inmates to resort to various methods to smuggle drugs into the facility. Creative approaches include enlisting outsiders to use drones for drop drugs or soaking letters in substances like LSD or fentanyl. The presence of drugs in jail environments can worsen inmate behavior issues, compromise facility security, and elevate the risk of violence, homicide, and overdoses among inmates.

Jail Inmate Mortality Rates

Effective management of inmate mortality within jails presents a significant challenge for both jail staff and administration. In 2019, a total of 1,200 inmate deaths occurred in local jails (Carson, 2021). Among these fatalities, suicide was the leading cause, responsible for 30% of deaths, emphasizing the critical need for mental health support and suicide prevention measures within correctional facilities. Other illnesses, constituting 26%, and heart disease, comprising 25%, collectively accounted for over half of all inmate deaths, highlighting the importance of providing adequate healthcare services and addressing underlying health conditions among incarcerated individuals. Additionally, drug and alcohol intoxications accounted for 15% of inmate mortality, signaling the necessity for substance abuse treatment and prevention programs within jails. Accidents and homicide each contributed 2% to the total deaths, underlining the ongoing importance of safety protocols and security measures within jail environments. This breakdown of inmate mortality statistics underscores the multifaceted challenges faced by jail facilities in ensuring the well-being and safety of incarcerated individuals.

Improving Jail Management

It is crucial for jail staff and administrators to prioritize the safety and well-being of inmates, in addition to safeguarding society and themselves. Identifying inmates with drug abuse issues, mental illness, gang affiliation, or suicidal tendencies is essential for maintaining jail safety. Typically, these issues are identified during the initial screening process, which involves fingerprinting, photographing, and inventorying the individual’s personal belongings, as well as conducting pat-downs or body searches. Officers are also responsible for conducting medical screenings, which include questionnaires about the inmate’s physical and mental health. This initial assessment helps officers understand the inmates’ basic risks and needs. If an inmate is experiencing mental health issues, they are referred to the jail’s mental health professional to assess their needs. In instances where a new inmate is dependent on drugs or alcohol, staff must devise a strategy to support them through the detoxification process. It is essential to recognize that individuals addicted to substances such as alcohol or heroin face a risk of death during detoxification while incarcerated. To mitigate this risk, the jail may administer medication to help the individual safely taper off these addictive substances.

Photograph of the main building of the Wisconsin State Prison in Waupun, WI.
Figure 9.13. Wisconsin State Prison, ca. 1911 / Photo Credit: H. Montgomery, PD

Attributions

  1. Figure 9.11: The old Licking County sheriff’s residence and jail in Newark, Ohio by Carol M. Highsmith, photographer in the Public Domain; LOC states: “No known restrictions on publication.”
  2. Figure 9.12: Demographics of Jail Inmates in 2022 by Wesley B. Maier and Kadence C. Maier, for WA Open ProfTech, © SBCTC, CC BY 4.0
  3. Figure 9.13: Main building, Wisconsin State Prison, Waupun by H. Montgomery in the Public Domain; This work is in the public domain in the United States because it was published (or registered with the U.S. Copyright Office) before January 1, 1929.
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Introduction to Criminal Justice Copyright © by Wesley B. Maier, PhD; Kadence C. Maier; William M. "Bill" Overby, MCJ; and Terry D. Edwards is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.