Monday, August 6, 2012

ABA Report Seeks Stronger Oversight of Prisons

A report issued by the criminal justice section of the American Bar Association (ABA) to the ABA House of Delegates has called for independent, public entities to "regularly monitor and report publicly on the conditions in all prisons, jails, and other adult and juvenile correctional and detention facilities operating within their jurisdiction."

The ABA also issued an additional report, entitled,"Key Requirements for the Effective Monitoring of Correctional and Detention Facilities." The ABA suggested that the federal government require that jurisdictions receiving federal funding be monitored by at least one entity independent of the facility being monitored.

The ABA suggested that such oversight is necessary because "Prisoners still live in a netherworld with which few of us are familiar...the public is mostly oblivious about conditions in prisons, jails, and other correctional and detention facilities, even those within their own communities." The ABA compared this lack of transparency to the extensive oversight of public schools, and other government entities.

The report noted that public oversight should lead to rectification of problems, some of which could be overlooked by correctional officials. "External oversight...can be a cost-effective and proactive means to potentially avert lawsuits challenging the...conditions of confinement and treatment of prisoners."

Studies have shown that correctional oversight by an independent agency who reports to the public as a relative rarity, according to the ABA, citing a 2006 symposium at the University of Texas. Some monitoring does occur at the federal level by the Inspector General of the United States Department of Justice. However, this is contrasted with the independent monitoring of the forty-five European Union penal systems by the European Committee for the Prevention of Torture. (CPT).

ABA recommendations do not distinguish between facilities that house citizens or immigrants, or mental health facilities. they are seeking monitoring by "citizen's groups, accreditation legislature oversight, media access, and special mechanisms for the prosecution of crimes committed by correctional staff."

One of the key requirements would by that the monitoring entity not be dependent on the facility monitored for funding, space, staff support, or the meeting of other operational needs. They should be appointed for a fixed term by an elected official, be confirmed by a legislative body, and be subject to removal only for "just cause". they should also have "unhindered access" to the facility, the staff, prisoners, and records. All findings should be distributed to the media, the legislature, and the jurisdiction's top elected official.

Finally, the report suggested "adequate safeguards be put in place to protect individuals who transmit information to the monitoring entity from retaliation and threats of retaliation".

See: American Bar Association, Criminal Justice Section. Report to the House of Delegates (2011)