The Correctional Association
of New York
| FOUNDED 1844
135 EAST 15th STREET, NEW YORK, N.Y. 10003 (212) 254-5700
BOARD OF DIRECTORS
Chairman
William J. Dean
Vice Chairmen
Wilheimus 8. Bryan Ill
Lucia H. de Grazia
Elizabeth B. Hubbard
Malicoim MacKay
Michael B. Musnhiin
Susan A. Powers
Treasurer
Harold P. Wilmerding ATTICA 1982
Directors
Harry W. Albngnt, Jr. An Analysis of Current Conditions
Jonn P E. Brown
Constance P. Carden in New York State Prisons
Fredenck T. Davis
Robert Endler
Barbara D. Fionto
The Rev. Can E. Flemister
Myron S. lsaacs
Dennis E. Mutviniil, PhO.
Dennis H. Paget
Hon. Eve M. Preminger
David Rudenstine
David A. Schutte
Peter Swords
Joanna Underwood
Willam J. vanden Heuvel
George G. Walker
EXECUTIVE DIRECTOR
Robert Gangi
SECRETARY
Marna Waish
DIRECTORS EMERIT
Donatd Agnew
Mrs. Stevens Baird A Repo rt Oo £
ae The Correctional Association
Harry W. Fowier
Henry L. Pierson
R. Brinkley Smithers of New York
Lours 8. Warren
September 1982
Foreword
This report is being released by The
Correctional Association of New York
ten years to the month after the
publication of the McKay Commission
report on the 1971 Attica uprising.
Our report describes the current
conditions at Attica; knowledgeable
observers consider operations there
representative of what's happening
at other New York State prisons.
"Attica 1982" was written and prepared by
Dan Pochoda, working as a consultant for
the Correctional Association.
Table of Contents
page
TTR Ola oe eR ERT 1
ATTICA: eo pg ei gs Le. ee eer ee 5
PELSONGL. PORULACLON sd icc e cease ee eesti eb SORE EES 5
Uruscal INCIGOniS/ASRGULES. ch cc te ere ee eet eeaasaenee 5
Coon en TT Tre TrTrrerTrTrTt 6
Movement of PrisonerS.......ccccccccecece TTT TT Terre 7
LOL PREAISGREESE. cee nth wie ence wee REREE TE REE ERS OE 8
FIOQGTAM ASSIGAMENE 66h 6 cscs cee ew eee Oe on 3
SBOPVLCOG é dé tcce st bite amb heeS SESE SESH ORES BERS ll
Medical Care... . ce ce ee ee ce wee ee te ee ect ees 11
FOGG, BOPViles sce ek 04 6e C9 SHEE EKER RE ERE RR eS 12
PEEEGRCLGGs ct ccveack acted eK hSe ee eED ES AREER EEO 13
VERLELI «ce ec Cece eee OEE TE OEE eK ee Re 13
bSEGAL RSGOULCERs« «ls cb chek eh ESK SES HREETHET EE SD - 14
Inmate Liaison Committee............. err rrrrrr s 15
GEZEVENCE COMM EEGG slew cece eee seen ee eee cae ww aed
Disciplinary Proceedings.............. Ssceseuuce 18
SEGTSCGRtION UNL. ww netic eee Ce Dee ee ee tate Be
jb PTET TUTTLE TTT TULTTILEPLPETLeercrirererrrictee 21
ATTICA: OUTSIDE MONITORING. ... 2... ccc ccc cece cc eee 24
Doe COGPAL CEE LeGidaws Sk eR OE BOE 24
Commission of Correction........ TTT Te LCC 26
LOGI SLACUIE 6 bee 6 SORE HRE EEE RSE HER EO ERR ROE 26
REGCUMMEMUALAWUNGsc cr ca wane rant ie Hee ee Owe @ TTT TT TTT ad
Long-Term Policy REEOrMscccsscsvntctcuus fompecan 2S
Emergency Belietcccdsscesreseenevs WETrTTiTitTirit 28
DOCS Central O©§TICeE | Policy. ..nswsuwes TrTTTirrreile 30
Problem AreaS.......cc ecw ccc eee TTT Tri Tree Suk
Prisoner Activity and Movement..............- ad
Medical Care...... a ee ee Trrrr Tritt. 32
ppt gt. ee rrr rer sis he bas tl ve ine weet we oe me os
Food Service...... TTTTTTCCCLrrece rTTiT. c“serem sme
Legal RGBOURCER cs. cc ec ce Kee eH HS eRe H ESS TrTTtT 33
Liaison Committee/Grievance Committee........ 34
Disciplinary Proceedings..... TENEETELLTCCTC OR.
Segregation UnitS........ceeccsecee TELTTT scene BO
Personnel Practices........ See ehd gat aee so scaeae oO
Introduction
There is a crisis in New York's prisons. Prisoners and their
families, employees and their unions, and the Commissioner of the
Department of Correctional Services (DOCS) and his administrators
have all expressed their serious concern about the dangerously
overcrowded conditions. As regards its prisons, the state is
living on borrowed time--and cannot "stop the clock."
The recently released report of the Governor's Executive
Advisory Commission on the Administration of Justice, chaired by
Arthur L. Liman, outlines some of the symptoms:
Unusual incident reports which reflect
conflicts among inmates, and between
inmates and guards, are on the rise.
Space and resources dedicated to voca-
tional and educational programs are
vanishing. There is an ever greater
potential for violence in our institutions.
Having noted these serious problems, the Executive Advisory Com-
mission concludes that "wide-ranging action is required" in order
to reduce the overcrowding in the prisons.
In an earlier study, The Correctional Association of New York
also found that the recent growth in the state's prison population
had resulted in overcrowded and unsafe institutions. Released in
March of this year, the Correctional Association's report stated
that conditions in New York prisons were approaching a "powder
keg" level.
1. Executive Advisory Commission, Recommendations to Governor Hugh L. Carey
Regarding Prison Overcrowding, July 19, 1982, p. 47. a |
2. The Correctional Association of New York, The Prison Population Explosion
in New York State: A Study of Its Causes and Consequences, with Recom-
mendations for Change, March 1982. a are er
In addition, the Correctional Association's study concluded
that the dramatic increase from 12,500 prisoners in 1972 to over
27,000 today was caused primarily by changes in sentencing poli-
cies and parole release rates. The Association recommended a
series of steps affecting these stages of the criminal justice
process that would result in the removal of significant numbers >
of persons now in prison who do not require this most expensive
punishment, and in a more rational and efficient use of criminal
justice resources.
Despite these widely accepted findings, public officials in
New York have exhibited little inclination to undertake the ne-
cessary legislative and administrative steps to relieve over-
crowding, and seem content to attempt to stem the tide by building
more cells at $100,000 apiece. However, even if present expansion
timetables are met, unless there are major changes in sentencing
and release policies, the additional cells will be filled at least
as fast as they are put into service, and overcrowding in existing
facilities will not be reduced.
As a result, the crisis described in the reports of the Cor-
rectional Association and of the Executive Advisory Commission
cannot be considered a temporary situation. It is not enough,
therefore, to simply acknowledge this state of affairs. Given the
many thousands of lives involved, prisoners and personnel, and
society's obligation toward all its citizens, particularly those
who cannot assist or protect themselves because of their imprison-
ment, a more detailed analysis of the impact of overcrowding on
prisoners and personnel is required.
The present report begins this process. It takes a closer
look at the situation "behind the walls," highlights the most
immediate difficulties, and makes a number of recommendations
for action.
The acute nature of the situation required an immediate response
and not a year-long study. The Correctional Association undertook
the necessary work. Interviews were conducted this summer in
3
New York City, Albany, Buffalo, and the Attica Correctional Facility.
Among those spoken to were representatives from the state legis-
lature and Commission of Correction, DOCS administrators in Albany
and New York City, the superintendent and deputy superintendents
at Attica, the president of Council 82 which is the correction
officers' union, line officers including the union representatives
at Attica, prisoners' families and legal representatives, and two
prisoner groups at Attica.> In order to facilitate the flow of
information, and to reduce the possibility of reprisals, we assured
the employees and prisoners interviewed that no one would be iden-
tified by name in the report unless information otherwise access-
ible to the public was involved.
Because of the short period of time available, one prison--
the Attica Correctional Facility--was chosen to be the focus of the
present report. The majority of prisoners in the state system are
confined in large maximum-security facilities like Attica, and it
was acknowledged by all of the persons consulted that Attica is
a "representative" institution.
The historic significance of Attica cannot be overlooked.
Eleven years ago this month, after having attempted a variety of
peaceful channels of communication, twelve hundred prisoners took
control of large portions of the facility and put forth a series
of "demands" concerning inadequate living conditions. For a
brief period, the attention of New York officials, and indeed the
entire country, was focused on the way that our large penitentiaries
were operated.
3. Unfortunately, the Department of Correctional Services unexpectedly prohibited
us from seeing any prisoners of our choice on an individual, confidential ba-
Sis. Thus, while we spoke at length to numerous employees and administrators, as
well as to prisoner representatives, we were limited to speaking with the prisoner
groups selected by the Department, and even then only with an employee present.
4. In fact, most persons felt that as a result of recent events, including the
death of a prisoner and a guard, the situation at Great Meadow and Clinton
Correctional Facilities was even more volatile than at Attica.
Following the four-day uprising, a special commission was ap-
pointed to investigate these operations, as well as the events
of the uprising and the re-taking of the prison by state troopers
that resulted in the deaths of thirty-nine prisoners and guards.
In September 1972, one year after the uprising and ten years ago,
this commission, chaired by Dean Robert B. McKay, issued its
report.
It is instructive to compare our findings about the present
situation at Attica with those of the McKay Commission. While
some improvements have occurred, in numerous areas our conclusions
about inadequate, even dangerous, conditions echo those made ten
years ago; there has been little improvement in the basic quality
of life for prisoners or personnel, and little reduction in the
underlying tension and frustrations that led to the uprising.
We have included some of the specific findings from the report
of the McKay Commission in the present report. The commission's
observations about Attica remain accurate today:
[T]he Attica Correctional Facility...was
not perceptibly better or worse than the
other maximum security prisons....While
conditions at Attica may not have been ex-
actly like those at other prisons in New
York State...the problems in that institu-
tion...are sufficiently representative of
the prison universe to justify some
generalization...Attica is every prison;
and every prison is Attica.
[McKay at xii]
5. Attica: The Official Report of the New York State Special Commission
on Attica, Bantam Books, 1972 (hereinafter "McKay").
uv
Attica: Present Conditions
Prisoner Population
At the close of 1980, a total of 1,742 prisoners were confined
in Attica. One year later that number had increased to 2,077. At
the time of our visit in July 1982, the prisoner count had reached
2,175, the highest number since the 2,251 figure immediately pre-
ceding the uprising in September 1971. |
As discussed below, this number of prisoners creates a great
strain on every aspect of facility operations, and an increasing
danger to the lives of prisoners and prison personnel. Indeed,
for these reasons, from 1976 to 1980 the number of prisoners at
Attica was kept to well below 1,900. At the beginning of 1980,
in fact, the governor and the commissioner: of DOCS had announced
that, in order to insure the safety of all persons, a "firm limit"
of 1,700 prisoners would henceforth apply to Attica.
Unusual Incidents/Assaults
The most dramatic result of the increase in prisoners has been
the greater increase in conflicts, and even violence, at the pris-
on. The reported number of all types of "unusual incidents" at
Attica, including assaults and the use of force, was 70 for the months
of February and March 1982, as compared to 26 for the same two
months in 1980 and 18 in 1981, or a rise ranging from 170 to
nearly 300 percent.
The DOCS reports that 51 assaults on officers took place at
Attica in the twelve-month period ending March 1982. This figure
represents a sharp increase from the preceding three years,
when the numbers were 18, 23, and 12 respectively. System-wide,
reported prisoner-on-prisoner assaults were up 69 percent during
1981 (195 to 330), and assaults on staff were up 28 percent
(337 to 431).
Numerous instances of assaults on prisoners by guards were
reported to us. In particular, it was stated that persons
brought to the segregation unit were regularly subjected to
physical abuse.” We could not verify these reports; the prison
did not permit us to take even an escorted tour of the segre-
gation area.
...the relationship between most officers
and inmates was characterized by fear,
hostility, and mistrust, nurtured by racism.
[McKay at 80]
Housing
As a result of the increase in prisoners at Attica, every
available cell and bed is being utilizea.® Indeed, aS soon as
a cell becomes vacant it is immediately filled. This practice
occurs even when the cell is only temporarily empty because the
prisoner has been sentenced to a period in disciplinary segre-
“gation, is out to court for a few days, or is in the
hospital.
DOCS has stated that this process of "double encumbering" is
"highly problematic" and "Severely disrupts an inmate's living
arrangements....Furthermore, it completely deprives the Depart-
ment of flexibility in the event of facility disruptions or
disasters such as fires."” Personnel at Attica reported that
6. The segregation unit is a separate area of the prison used to confine in-
mates who are found guilty of rules infractions or who are judged to be
in need of protective custody.
7. One ex-prison administrator, who recently visited this area as a result of
a court action, concluded that the fact that the reports of brutality were so
frequent and detailed made it "highly unlikely" that they were fabricated.
8. Additional space for 80 prisoners has been added by converting a building
outside the main walls into a dormitory.
9. Affidavit of Martin Horn, Deputy Commissioner, DOCS, submitted in
Benjamin v. Malcolm, SDNY, December 1981 (J. Lasker).
i es
the need to fill every available cell greatly reduced their ability
to separate individual prisoners when necessary, as well as to empty
portions of cell-blocks in emergency situations.
Movement of Prisoners
In the words of an Attica administrator, "There are just too
many people in too little space." This fact influences every
aspect of life at the prison, and makes even usually simple tasks
difficult to manage.
The clearest example of this problem is the difficulty in
merely getting persons from one place to another. The signifi-
cant increase in prisoners has resulted in greatly slowing down
the movement through the long corridors and numerous gates, thereby
reducing the amount of time available for activities. For ex-
ample, the afternoon recreation period is scheduled to end at
3:15 p.m. However, since the institutional rule is that no more
than forty prisoners can be in a corridor at one time, the offi-
cers must start "running" blocks of inmates from the yard back
to their cells well before the recreation period is officially
OVéz .
During the past two years the movement of prisoners itself
has become a source of tension and conflict. Prisoners are now
prohibited from speaking to each other while in the corridors,
and are required to march two abreast to the commands of
accompanying guards throughout the institution.
Inmates were not permitted to walk through
the institution unescorted without a pass,
and as a general rule, they walked in two
columns from place to place accompanied by
officers who always walked behind them
giving voice commands.
[McKay at 33]
Further, prisoner movement is halted completely at numerous
times throughout the day for "security" reasons. For twenty to
thirty minutes before and after each meal, the ritual of "the
gas" takes place. This practice entails locking all of the
prisoners in their cell areas while tear gas guns and cannis-
ters are taken from their storage receptacles and set up in
strategic--and observable--locations on the way to and inside
the mess hall; the process is reversed after the meal, with
the prisoners again locked in. No one consulted was able to
identify another state prison which has such a procedure.
In addition, whenever even one prisoner is taken from gen-
eral population to the segregation area--a daily occurrence--
almost the entire prison population must stop functioning. 1°
Those prisoners in the corridors are herded to the nearest
cell-block and locked in, and all movement is halted.
Rehabilitation gave way to security
whenever the prison administration
thought the two were in conflict....
The prison's staff saw a potential
threat to security whenever an inmate
was let out of his cell.
[McKay at 21]
Idle Prisoners
At present, over 500 prisoners at Attica--approximately
25 percent of the population--have no programs or jobs, and
spend twenty to twenty-three hours per day locked in their
50-square-foot cells. The great majority of these prisoners
has not been disciplined or confined to a hospital unit.
Rather, these inmates are denied access to activities simply
because there are none available. The increase in prisoners
has far exceeded the program capacity.
10. At present, such persons are always handcuffed during this trip,
a practice that is not required in many of the other maximunm-
security institutions.
The 300 to 400 prisoners in this situation are kept together
in an "idle company." They must even eat their meals while locked
in their cells and are not permitted food substitutions available
to prisoners in the mess hall. Prisoners often remain in idle
status for many months. **
There were too many inmates for too
few jobs and places in school.
[McKay at 36]
Forcing prisoners to remain locked in their cells for some
twenty-two hours a day because of a lack of available staff or ser-
vices predictably leads to frustration and anger, and prisoners and
staff confirmed this development. From a management perspective,
as stated by an Attica administrator, "an idle prisoner is a
troublesome prisoner."
Program Assignment
The total number of educational and vocational activities has
increased during the past two years. However, as noted, so has
the gap between the number of available program assignments and
the number of prisoners. In addition, there has been little
expansion of space that can be utilized for such activities.
The general problem of "too many prisoners in too little space" -
and the inability to move people easily within the institution cre-
ate a significant barrier to new program initiatives. Attica's
superintendent indicated, for instance, that plans to add a new metal
shop would not necessarily result in an increase in the total num-
ber of prisoners engaged in activities. Because of problems of
space and movement, and the requirement that officers escort pris-
oners, any additional programming in one area would most likely
be accompanied by reducing an opportunity somewhere else.
ll. The DOCS reports that systemwide the number of "idle" prisoners at
the end of 1981 was 2,778, twice as many as at the beginning of
that year.
0.
The amount of time available for any particular activity has
decreased dramatically in recent years. Whereas five years ago
a prisoner in an academic program would attend school for five
hours per day, today a prisoner in an "academic education" program
generally spends only one 45-to-60-minute period during the day
in class. Thus, the fact that an Attica prisoner is listed as
having a school or job "assignment"--the number in this category
comes to over 1,600--does not necessarily indicate that he spends
a good portion of his day in productive activities.
An example of an activity that looks good on paper but not in
practice is a program that was set up at Attica with some fanfare
to enable blind persons from throughout the system to obtain
counseling and to use their time productively. In reality, this
program consists of five blind persons who sleep in the same room
and spend twenty-four hours a day in the area with little to do
and with no regular assistance from any sighted person.
Similarly, it was reported to us that the programs for pris-
oners in mental-observation status have been greatly cut back,
leaving persons in this status with little activity or counseling,
and confined to their cells for almost the entire day without
even regular and immediate clean-up of their bodily wastes; the
department refused us permission to speak with any persons in
this status, or even to inspect the area of their confinement.
At Attica there was no meaningful program
of education for those who wished to learn
and no rehabilitation program for those
who were willing to rejoin society as
constructive citizens. Idleness was the
principal occupation.
[McKay at xv]
The shortage of activities has resulted in a failure to comply
with Sections 136 and 137 of the Correction Law. These provisions
require consideration of a prisoner's "physical and mental con-
dition" and "educational and vocational needs," and the assignment
to a program which "is most likely to be useful in assisting him
to refrain from future violations of the law" and "seems most
likely to further the process of socialization." While a prisoner
does not have a right to a particular job, these requirements
recognize that there is a strong societal interest in attempting
to match a prisoner's needs and skills with appropriate programs.
At Attica, most prisoners--including those on "idle" for
months--are offered the first available opening on a take-it-or-
leave-it basis. Prisoners related several examples of persons
who had been pursuing an education program for a number of years
in another state prison and who, when transferred to Attica, were
denied the opportunity to continue because the only choices
offered them were to be porters or hospital workers.
Refusal to accept the only job offered generally results in
assignment to the "minimum privilege company." This status en-
tails being locked in the cell for approximately twenty-two hours
per day, being let out only for required recreation periods.
Services
Time did not permit a comprehensive evaluation of the avail-
ability or quality of basic prisoner services. However, there
were indications of problems in many areas, including medical
care, food service, recreation, visiting, and access to court
and to legal materials.
Medical Care. Even prior to the increased population, prison-
er representatives and monitoring bodies reported that the single
largest complaint at Attica concerned the unavailability and poor
quality of the medical care.
There is no reason to believe that matters have improved.
12. In a recent case, a Supreme Court judge reversed a decision to place a
prisoner in "minimum privilege" status, finding that the superintendent
failed to "comply with the legislative mandates" in making the job assign-
ments. Merrit v. Smith, NYS Supreme Court, Wyoming County, January 14, 1982
(J. Conable).
Lt
Despite the large increase in prisoners, neither the number of
available doctors nor their consultation hours have grown.” The
administration acknowledged that shortage of staff and dollars
makes it difficult to schedule trips to outside clinics and hos-
pitals; prisoners reported significant delays in treatment despite
recurring and serious pains.
Medical care was one of the primary inmate
grievances....Chronic physical or emotional
disabilities...were generally not assessed,
nor were significant attempts made to cor-
rect or modify them....Some correctable
problems...were simply not treated.
[McKay at 63, 64]
Food Service. As with everything else, food service is af-
fected by the prisoner overload. Because of the increased number
of inmates, the total time required to serve each meal has grown
by about thirty minutes. Prisoners, however, have not been pro-
vided additional time to eat, and still feel rushed during meal
periods. As noted, hundreds of prisoners are not even allowed
in the mess hall, are fed in their locked cells, and are not pro-
vided substitutes or additional portions. This arrangement is a
particular hardship on many of the prisoners who do not eat pork,
or any meat at all, usually for religious reasons.
We did not have the services of an expert to inspect the food
service areas and methods. In a 1981 report, however, the state
Department of Health found numerous failings in these areas. As
a result, as recently as last year, the prison was ordered by a
State Supreme Court judge to make several needed improvements,
including the purchase of new equipment and the setting up of a
"Food Service Sanitation" course for the prisoner-workers./*
13. We were informed that an additional nurse has been allocated to the
facility.
14. Ifill v. Smith, NYS Supreme Court, Wyoming County, June 10, 1981
(J. Doyle).
Recreation. As already mentioned, logistical problems have
seriously cut down on the available recreation time; this problem
will be heightened during the colder weather--which in the Buffalo
area includes a good part of the year--when outdoor activity is
difficult. Further, even in the yards some of the security rules
restrict normal functions. Prisoners are prohibited from exer-
cising together or in groups; one prisoner was "written up" for
a disciplinary infraction for holding another inmate's ankles to
enable him to do sit-ups.
Recreation at Attica was limited by
Western New York winters, ...a se-
riously restricted budget, and admin-
istrative security regulations....
From November to March, the tempera-
tures were generally sub-freezing, with
Snow covering the ground for much of
the period.
[McKay at 43]
Visiting. The major difficulty in receiving visits from
family and friends on the outside remains the location of Attica.
Although the prison is located 385 miles from New York City, ap-
proximately 60 percent of the inmates assigned to Attica are from
the New York City metropolitan area. Few families and friends
can afford the time and expense required to regularly make the
16-hour round trip to Attica.
The times that people can get away for the necessary two days
are weekends. As a result, the visiting room--and staff--are
strained on Saturdays and Sundays, and new restrictions have been
instituted limiting the weekend days available for visiting and
requiring many weekend visits to be ended after a period as short
LS
as an hour. Processing time has risen; whereas three years ago
all of the passengers arriving at 8 a.m. on the all-night bus from
New York City would be in the visiting room by 9:39 a.m., no “ome
15. The policy is to terminate first those visits involving persons
coming from within 100 miles.
Lae
visitors might not get in until noon. Prisoners reported contin-
uing problems with arbitrary and unnecessary strip searches of
their visitors.
In principle, New York State recognized
that an inmate who has maintained contact
with his family and friends, and has kept
informed of developments in society, will
have a better chance of adjusting on his
release. In practice, however, concerns
about security in a large institution
housing over two thousand inmates created
barriers to all forms of communication
with the outside world
For many at Attica, the right to receive
visitors was illusory....Most inmates were
poor and 43 percent came from New York
Clty.
[McKay at 54, 61]
Legal Resources. As a result of the prisoner increase, the
available legal materials are inadequate. The many prisoners
interested in researching relevant issues report that they can-
not utilize the law library on a sustained basis for any period
of time; they may not even get into this area for a number of
weeks.
No legal assistance is available; the prisoner "clerks" in
the law library only provide the requested volumes--if available.
Such items as typing paper and large envelopes are not distributed
or sold at the prison.
Prior to 1982, state court sessions were held regularly at
the prison. As a result of the judges' dismay concerning the
searches to which they were subjected, they now refuse to enter
the prison, and hold court in the Wyoming County Courthouse. For
the prison this change means a significant additional expense for
the transport of prisoners to these hearings. For the prisoner
it means that a court appearance has become a depressing and de-
grading occasion. All of the prisoners scheduled to appear are
brought to the courthouse early in the morning and are kept
14.
manacled and shackled throughout the day, in the same open "pen"
area, until their return in the afternoon or evening.
Inmate Liaison Committee (ILC)
One of the "reforms" instituted systemwide after the 1971
Attica uprising was allowing prisoners to elect representatives
to discuss matters of concern with the prison administration.
After it became apparent that such Inmate Liaison Committees were
given no authority over institutional matters, and often little
respect by the administration, they were generally ignored by
all parties.
Attica has been no exception. The superintendent reported
that so few prisoners were even interested in running for an ILC
position that he cancelled the last election and selected anyone
who nominated himself to serve. One of the ILC members described
this body as "defunct in terms of any purpose."
There would be little reason even to mention the ILC were it
not for the apparent desire of the DOCS personnel to perpetuate
its image as a meaningful body. Thus, the Deputy Commissioner
for Security for the department insisted to us that the ILC at
Attica was a viable body, "elected by the prisoners themselves."+®
Grievance Committee
Pursuant to Correction Law Section 139, grievance committees
were established during the last decade in every state prison in
order to "fairly, simply and expeditiously" handle inmate com-
plaints. Our interviews demonstrated that at Attica the grievance
mechanism is falling far short of achieving this purpose. In-
deed, rather than being a way to reduce conflict within the
institution, the grievance process has become another source
of prisoner frustration.
16. iIn-fact, the only justification given by DOCS officials for their
refusal to allow us to speak to individual prisoners was that we
could meet with such "representative" bodies as the ILC.
As governed by Department Directive 4040, the "Inmate
Grievance Program" cannot be utilized for concerns that have
existing appeals mechanisms. These areas include temporary
release decisions, censorship of reading material, individual
disciplinary or classification matters, and parole-related
matters. Since these issues are often of great importance to
a particular prisoner, and since existing appeals mechanisms
are felt to be inadequate, this limitation greatly reduces even
the potential impact of the grievance program. In addition,
prisoners may not grieve so-called "class action" issues affect-
ing more than one prisoner, nor may they bring a grievance
against any employee because of harassment or continuing abuse.
For other issues, the grievance mechanism has not proven to
be an effective or efficient way to resolve disputes. All of the
prisoner representatives on the "Inmate Grievance Resolution Com-
mittee" and the grievance clerks agreed with the statement of one
representative: "We're thought of as nothing by the prisoners
because of the lack of success of the grievance process, so that
they take out their frustration in other ways, on themselves and
others." These grievance workers reported that statistics which
show a high percentage of "resolutions" and failures to appeal
did not indicate that the mechanism was functioning properly.
Rather, the absence of follow-up by prisoners was attributed to
the passage of time, making the original complaint moot, and to
a lack of confidence in the reviewing bodies.
A complex series of steps and appeals are involved in the
grievance process. In-practice, unfortunately, the stated time
limits--which knowledgeable people agree are critical components
of any dispute resolution mechanism--are not adhered to. Despite
the fact that complaints often involve matters of immediate con-
cern, such as denial of showers, or food and clothing missing from
a package, the first consideration by the grievance committee
members does not occur until weeks after a complaint is filed.
As appeals are taken, the disparity between the stated and actual
Le «
time limits increases; the entire process will frequently take
Over six months.
More importantly, prisoner representatives could not cite
any examples where, as a result of the grievance process, meaning-
ful concessions were made. This lack of results was, in a sense,
corroborated by the officers at Attica, who generally felt that
the program was at best a waste of time, and potentially--if it
ruled for the prisoners and attempted to enforce such rulings--
a "disruptive influence." |
Officers are not required, or even requested, to appear before
the committee. As a result of union concerns, a decision of the
grievance committee cannot result in even a notation on an em-
ployee's record. An examination of the responses from the super-
intendent on approximately thirty grievances involving:a complaint
of wrongdoing or negligence by an officer demonstrated that the
Superintendent did not once agree with a grievance committee de-
Cision that the employee involved was wrong; nor did the super-
intendent ever indicate that the employee would be directed to
change his or her practice.
On the other hand, the prisoners can be adversely affected by
the grievance program. State court decisions now require that
prisoners "exhaust" their administrative appeals, including the
grievance process where relevant, before they seek judicial re-
lief; therefore the great delays involved in obtaining a final
grievance determination directly affects a prisoner's ability to
have a timely "day in court."27
Allegations of retaliation for participation in the grievance
process were made by prisoners. In a federal class-action law-
Suit, four former grievance clerks at Attica claim that they
17. This exhaustion requirement is now being challenged on behalf of Attica
prisoners in the State Supreme Court on the grounds that resort to the
grievance mechanism is futile and unnecessary because of the great delays
involved and the lack of success in achieving satisfactory results.
Lt é
were transferred out of Attica during the past year as a result of
their positions. We did not attempt to ascertain the merits of
their arguments. However, these transfers and the lack of an ade-
quate explanation by the facility or by a DOCS administrator in
Albany to the prisoners involved or to the remaining grievance
representatives have predictably created the belief that involve-
ment in the grievance process is not looked upon favorably by
the administration and may occasion retaliatory actions.
The attitude of both guards and the prison administration is
18
The
court found that solely because of the allegations contained in
exemplified by a recent State Supreme Court decision.
a grievance filed by him, a prisoner became the subject of a
disciplinary report for "lying about an officer." Despite the
obvious chilling effect this action would have on all potential
prisoner complaints, the disciplinary report was accepted and
processed by the institution and court action was required to
have it expunged from the prisoner's record.
Disciplinary Proceedings
During the past year there has been a significant increase in
the number of "write-ups" of prisoners for violations of prison
rules, in the number of disciplinary hearings held, and in the
number of persons receiving punishment for rules violations.
Prisoners believe that many of these write-ups and sanctions
are arbitrary, that many rules are petty, and that practices by
correction officers are inconsistent. They cited examples of
prisoners being disciplined for having curtains in the cell, for
talking in the corridor, and for exercising together in the yard--
practices that they had been permitted at Attica in recent years.
The absence of any orientation program for prisoners and the
unavailability of up-to-date and comprehensive rulebooks inevite>ly
18. Hunyadi v. Smith, NYS Supreme Court, Wyoming County, February 4, 1982
(J. Mintz).
Lb?
result in inconsistent practices from year to year, and from
officer to officer. Indeed, numerous prisoners reported on the
differences in acceptable behavior from one prison to another,
and even on the differences in practice from one cell-block to
another at Attica.
The problems are compounded by the large number of new per-
sonnel at Attica. As discussed below, many of these officers
are young--some are not yet twenty-one--and possess little, if any,
prior experience in a prison. As expressed by an experienced
officer at Attica--and echoed by older prisoners--these persons
often "do not know when and where to take a stand." Asa result,
they lack the ability to informally resolve a problem, and may
create unnecessary confrontations. In a recent analysis performed
by a deputy superintendent, it was found that over 90 percent of
all the Adjustment Committee?? hearings at Attica were based on
reports written by the 200 correction officers with less than two
years of experience; the other 400 officers were responsible for
less than 10 percent of the disciplinary write-ups.
But the rules at Attica were poorly
communicated, often petty, senseless,
Or repressive and they were selectively
enforced....In addition, each institu-
tion had wide discretion to establish
its own rules. Inmates.often learned
the rules only when they broke them.
Even where rules were clearly defined,
the strictness of their enforcement varied
from officer to officer, depending on each
one's experience, perspective, and per-
sonality....The system as it existed made
favoritism, discrimination, and harassment
by officers easy.
[McKay at 74, 75]
At Attica, as in other institutions, the majority of infrac-
tion reports are handled by the Adjustment Committee; if serious
ee
19. Consisting of three prison employees, the Adjustment Committee is the
body that processes most rules infraction reports.
20.
misbehavior is involved, a Superintendent's Committee conducts
the hearing. As a result of a federal court decision and a de-
partmental directive, certain procedures are required, including
adequate notice of charges, a hearing within seven days, and the
ability to call witnesses.
These requirements are regularly ignored. Thus, in the case
of Williams v. Smith, 7° the State Supreme Court reversed a finding
of guilty by the Adjustment Committee because of improper notice
and the denial of witnesses. The Wyoming County Legal Aid Office,
which handles such challenges on behalf of the Attica prisoners
as part of their contract with the county, estimates that approxi-
mately half of these lawsuits result in a ruling for the prisoner
because of procedural defects in the disciplinary hearing.
No one that we spoke to--personnel or prisoners--could recall
a single instance where a hearing board ruled for a prisoner when
confronted with a conflict of testimony between the prisoner and
an officer.
Segregation Unit
Persons found guilty of serious infractions are usually re-
moved from the general population and confined in the segregation
area; the time periods range from seven days to many months, and
even years. The physical size of this area has more than doubled
during the past year and now holds some eighty prisoners.
While in segregation, prisoners are denied all activities,
are never permitted outdoors, and are locked in their cells twenty~-
three hours each day. As already noted, numerous prisoners com-
plained about guard brutality in "the box" (segregation). Among
other complaints now being litigated by prisoners in the segre-
gation unit are inadequate access to legal materials, no religious
services, no radio or earphones, no food substitutes, even fer non-
meat eaters, and an inadequate supply of basic hygienic materials.
20. State Supreme Court, Wyoming County, May 26, 1982 (J. Broughton).
Approximately twenty of the segregation cells have recently
been completely encased by plexiglass. Prisoners report that,
with only small holes for ventilation, these cells provide
little air movement, retain odors, and are "boiling in summer."
Prison officials stated that some--but not all--of the persons
placed in these cells had previously thrown an object through
cell bars; the superintendent did not permit us to view any
of these cells or to speak to any of the prisoners confined in
them.
The McKay Commission report contained a useful insight
about the kinds of problems that have been described in the
previous sections:
Examined separately, many of the inadequa-
cies and frustrations of inmates may appear
insignificant. But their cumulative impact
created a dehumanizing environment. There
was no meaningful programming, employment
training, psychological help or drug re-
habilitation; and there were no real efforts
to prepare inmates for society. If inmates
were rehabilitated it was not because of
Attica, but in spite of it.
[McKay at 21]
Staff
The last year has seen a large increase in the number of em-
ployees at Attica. At the time of our visit in July, there were
over 600 correction officers--a growth of more than 100. In-
cluding these, there were a total of 650 personnel involved in
security and supervision of prisoners, 145 in support services,
and 119 in program services.
The overwhelming majority of the officers were white, while
the prisoner population was over 70 percent black or Hispanic.
Black, Hispanic, and even white prisoners felt that racial dif-
ferences, as well as the fact that most of the officers are from
Dok:
rural areas while the prisoners are predominantly urban and poor,
were primary factors contributing to the constant tension and
hostility.
Racism among Attica officers may be no
greater than what is present in society
at large but its effect is more intense
at Attica. The prisoner can find no
escape from it--there is no way to
avoid confrontations and unpleasant
experiences when the interaction is so
ever-present, and the quarters so close.
[McKay at 81]
The staff representatives felt generally that the prison was
provided with enough total security personnel to monitor the in-
creased number of prisoners.*? There were, however, concerns
expressed about the young age and inexperience of many of the new
guards. The department has recently been permitted to hire per-_
sons at eighteen instead of twenty-one. Thus, for a number of
officers their arrival at Attica marks not only their first pris-
on assignment but their first work experience.
Training of new personnel remains a problem. At times during
the last two years new officers arrived at Attica after only one
or two weeks at the Training Academy in Albany. As a result of
union pressure--and the death of one officer--persons are now
receiving four to six weeks training at the Academy and some
additional time for on-the-job supervision. The union feels that,
in light of the pressures and complexity of the job, and the in-
experience of the new recruits, a minimum of sixteen weeks at
the Academy is required. Further, few, if any of the present
officers receive the mandated thirty-two hours per year of con-
tinuing on-the-job training covering such areas as cardio-
pulmonary resuscitation, first aid, crisis intervention, and
firearms training.
21. It is interesting to note that in September 1971, there were only
380 correction officers at Attica and over 2,200 prisoners.
oan
The guards believe that additional specialized facilities
are required in order to control an increasingly younger, vola-
tile, and--in their minds--dangerous prisoner population. They
want prisoners with emotional problems, many of whom act irra-
tionally, to be housed separately and apart from the general
population--a suggestion also made by many prisoners.
The union has also been calling for more segregation units, in-
cluding the establishment of a so-called "maxi-maxi" unit at Attica
or of a separate maxi-maxi facility. Union insistence was instru-
mental in bringing about the recent lock-down?? of the Great Meadow
Correctional Facility following the death of a prisoner, William
Harvey, alleged to have been beaten by the guards, and in the
setting up of the "Involuntary Protection Unit" (IPU) at that
institution for "troublesome" prisoners. *>
Traditional labor-related concerns were also expressed by the
correctional employees and their union. These concerns included
the lack of incentive pay or special classification for officers
working in the more difficult and responsible jobs, usually in-
volving the most prisoner contact, or even for personnel working
in the more tense and volatile maximum security institutions.
Because of this lack of incentives and because the contract allows
prison employees to "bid" for posts based on seniority, the most
sensitive and critical positions are often filled by the least
experienced staff. The union feels that any career ladder should
take account of at least the major differences between institu-
tions and assignments. In addition, the fact that promotions
es
22. A lock-down involves confining all prisoners to their cells for twenty-four
hours a day; all activity ceases except the carrying out of essential tasks
and services; prisoners are served meals in their cells, and the entire institu-
tion is searched for contraband and dangerous articles.
23. This IPU is widely considered to be, in effect, a "“maxi-maxi" unit, particu-
larly since it was established at the time that the remarks of the commissioner
of the department praising such "control units" were published following his trip to
the Marion Federal Penitentiary in Illinois. Prisoners throughout the system be-
lieve that so-called bad prisoners are liable to be transferred to the IPU at any
time, without notice or due process, and that they are subjected there to ex-
tremely harsh conditions and to extensive lock-ins.
generally involve transfer to another facility--often at great
distance from home--and insufficient additional pay has meant that
many of the most experienced and competent officers do not seek
advancement, leaving important managerial positions for the less
qualified.
...being uprooted, and the fact that
moving allowances usually do not cover
actual costs, deterred them [correction
officers] from seeking promotions.
[McKay at 27]
Attica: Outside Monitoring
pocs Central Office
It may seem odd to include the highest-ranking officials of
the department in the category of "Outside monitoring," but in
many ways that is how they are perceived by personnel at the in-
Stitution. This perception is attributable to the significant
distance between Albany and Attica, to the general "laissez-faire"
attitudes and practices of the central office administrators
toward the individual facilities, and to the rapid turnover of
these administrators. Since the beginning of the 1970s, there
have been five different commissioners, each with his own
philosophy and high-level staff, who upon leaving that job are
never seen in the department again. As expressed by one experi-
enced employee at Attica, "We don't worry too much about new
policies or requirements from Albany, because if we wait a little
longer the people involved will be gone."
Our examination of conditions at Attica revealed the lack
of consistent or meaningful direction from Albany in important
areas. While elaborate plans have been developed to respond
to outbreaks of violence, little seems to have been done to
resolve the problems and conflicts that make such outbreaks a
24.
os
real possibility. For example, the department's general
counsel's office is aware of the fact that the institution
regularly denies the requisite due process in disciplinary
proceedings, yet has not acted to ensure compliance. 74 The
breakdown of the grievance process at Attica reflects the
failure of the Albany Grievance Coordinator and staff to ade-
quately respond either to particular grievances in a timely
fashion or to complaints or requests for information from
grievance representatives.
The department's movement and classification policies have
added to the administrative difficulties at Attica. There are
some 37,000 yearly moves of prisoners between institutions in the
state system; as a reception center, Attica alone processes
approximately 5,000 incoming prisoners every twelve months. While
many of these moves are necessary, Attica personnel feel that a
Significant number could be avoided by better planning. As an.
example, it 1s not uncommon for a prisoner to be held in recep-
tion at Attica for initial processing, to be transferred to the
Great Meadow "transit" unit for assignment, and--after a few weeks--
to be transferred back to Attica as the assigned institution.
The commissioner and his staff are primarily responsible for
the allocation of resources within the system. As such, these
officials must bear primary responsibility both for the inade-
quate programming and insufficient vocational and educational
Opportunities and for the increase in the number of idle prisoners
at Attica. While obviously these problems have been aggravated
by the increase in population, the department has had little
nnn sss sss
24. Discussions with administrators in the office of the department's counsel
revealed that they are well aware of their limited ability to gain com-
pliance with their directives from facility administrators and that they often
do not even press the matter and expose their "impotence." In one case of an
illegal refusal by a superintendent to let certain legal mail into the insti-
tution, the refusal of the central office to intervene and Mandate com=>liance
was explained by one department administrator: "We knew there would -< a
lawsuit, and felt that a loss in court would embarrass the superintendent into
compliance."
26.
difficulty in obtaining sizeable appropriations to add thousands
of new cells and security personnel. As stated in court by the
commissioner, he has not "found any resistance on the part of the
legislature or government to fund what we need....It's not a matter
of money."*> It is then a matter of defining adequate programs and
basic services as a "need" and insisting upon the necessary re-
sources to provide these in existing and planned institutions.
Commission of Correction
The commission is a regulatory agency responsible for moni-
toring and setting Standards for the state prisons and jails.
While this function has been carried out to some extent for the
local facilities, the commission remains a negligible factor in
the operation of Attica, or of any other state prison. The Cor-
rectional Association previously reported on the commission's
failure to set any standards concerning the state prisons, or
even to designate capacity figures for these facilities consistent
26 .
with the safety of prisoners and personnel; unfortunately, the
Situation is unchanged.
Although we were informed that such an effort is now planned,
the commission has done little in the past to gather or publicize
detailed information about the acute situation at Attica or at
any of the other maximum-security facilities. Nor has this agency
had any significant impact on continuing problem areas, including
the grievance mechanism and the medical delivery system.
Legislature
The legislative oversight committees have generally restricted
their recent involvement with the state prisons to appropriating
Significant taxpayer resources to expand the system by adding
facilities and security personnel. The other publicly stated
25. Testimony in Benjamin v. Malcolm, SDNY, July 28, 1981 (J. Lasker).
26. Correctional Association, The Prison Population Explosion in New York,
pp. 96-97 ?
concern that we found during the past year with the daily opera-
tions in the prisons was a series of pronouncements by the chair-
man of the Senate Codes Committee criticizing prisoners' lawyers
for being too aggressive in their protests and actions against |
guard brutality. Our findings lead us to conclude that the legis-
lature should focus on the policies of the DOCS administration and
on the practices of prison personnel, and not on the activities of
the few attorneys available to handle prisoners' legal problems.
Recommendations
Our investigations revealed a deeply troubled system, charac-
terized by breakdowns in basic functions and services, and a
deterioration in the relationships between prisoners and personnel.
The resulting situation creates a serious threat to the safety
of all persons in the system.
Further, we found that while various persons and organizations
have addressed the prison-overcrowding issue, little attention has
been directed to the practical consequences of the present situ-
ation on the lives of prisoners and staff. Public officials and
Oversight committees seem to be merely trying to "keep the lid
on" instead of actively working to implement measures that would
alleviate the volatile situation at Attica and at other prisons
throughout the system.
New York is obligated to do more. For the most part, the re-
quired mechanisms already exist; they must be made to function
properly. The following recommendations represent some of the
27
first necessary steps. If instituted, many of these proposals
would not require additional resources and some could lead to
Significant savings in state funds.
27. We did not attempt to address all of the existing problems in the <tate
prison system in this report, and a failure to mention a particule: area
does not indicate that we think all is well.
Long-Term Policy Reform
New York must abandon or alter the policies adopted in the
1970s that have caused the great increase in the state prisoner
population, without noticeably decreasing the incidence of crime.
These policies include the proliferation of mandatory imprison-
ment laws for broad classes of offenders, a reduction in support
for and utilization of probation as a felony-sentencing option,
and a reduction in the rate of parole release for prisoners in
the state system. 7° Changes in these areas will require much
education and effort; but without these reforms, New York will be
faced with a prison overcrowding crisis for many years to come.
Further, these changes will result in a more rational and cost-
effective use of limited criminal justice resources, and reserve
increasingly scarce prison space for those offenders who, in fact,
represent the greatest threat to the citizens of New York.
Emergency Relief
While in the long run the overcrowding problem will be solved
only by changes at the point of sentencing and release, the acute
problems in our prisons require an immediate response. Thus,
policymakers should institute a standby release plan that allows
for the safe and orderly early release of some prisoners to parole
supervision whenever the prison system's capacity has been exceeded
for an extended period, as is the case in New York. The prisoners —
involved would be those eligible for release within a matter of
weeks, and for whom it was determined that an earlier date would
not create additional risk of criminal activity.
Emergency relief measures have been adopted and utilized suc-
cessfully in other states. Since last year, for instance, Michi-
gan has reduced its prison population by about 1,500 inmates
through the implementation of its Emergency Powers Act. This
ee
28. For a detailed agenda of the steps that can be taken to relieve the state's
overcrowding crisis in a lasting and efficient manner, see The Correctional
Association of New York, The Prison Population Explosion in New York: A Study
of Its Causes and Consequences with Recommendations for Change, March 1982.
28.
29.
measure made Michigan's prisons more manageable, saved that state
a sizeable amount of money, and has had a negligible impact on
the crime rate.
The need for an emergency relief mechanism in New York has
been voiced by the Commission of Correction, the Executive Ad-
visory Commission on the Administration of Justice, DOCS adminis-
trators and employees, and numerous public officials and private
organizations.
As a first step, prior to the 1983 legislative session, the
Commission of Correction must set capacity limits for every major
State prison, taking into account available space, programs, and
staff. The number of prisoners in an institution must not create
a risk to the physical safety of prisoners and staff, nor result
in a significant number of prisoners being idle and locked in a
cell for much of the day. For Attica, officials have previously
determined that a limit of 1,700 prisoners is necessary for the
Operation of a safe and secure institution.
Double-celling must be prohibited. Those involved in the pris-
on system--the commissioner and the wardens, the guards' union and
the prisoners--have uniformly recognized that this practice would
lead to significantly greater problems of management, would increase
prisoner tension and idleness, and would inevitably result in vio-
lence and injury to prisoners and staff.*? Almost all of the cells
in the state system have been designed for single occupancy and
contain only 42 to 50 square feet of space, far below the accepted
professional standards for two-person cells, and far smaller than
29. A recent study sponsored by the Justice Department found that double-
celling "had measurably greater negative effects than single-unit
housing" in various areas, including disciplinary infractions and reported
illnesses. Garvin McCain, et al., The Effect of Prison Crowding on Inmate
Behavior (Washington, D.C.: U.S. Department of Justice, National Institute
of Justice, 1980). Generally, this study concluded that prisoners subjected
to high degrees of overcrowding, particularly in large institutions, have a
higher death and suicide rate, more disciplinary problems, and more illnesses
than those who are not living in overcrowded conditions.
cells considered in the United States Supreme Court case permitting
double-celling. Indeed, even with single occupancy, it is impos-
sible for most persons on the "outside" to conceive of what it
means to be locked in a 50-square-foot area, containing a bed, open
toilet, sink, and all one's possessions, for sixteen to twenty-two
hours every day.
)
DOCS Central Office Policy
The department must act quickly to alter present practices in
numerous areas at Attica and other maximum-security prisons. De-
spite the increase in prison population, much can be done to im-
prove conditions for prisoners and staff. Indeed, the rising
pressures caused by the severe overcrowding makes it imperative
that arbitrary policies and inadequate services be re-examined.
A prerequisite for any significant improvement is a change in
the approach of the highest officials of the department. All too
often the department's central office has restricted its activity
to merely ratifying already implemented policy decisions made at
the local level, even when these policies are inconsistent and
ill-advised, such as the IPU at Great Meadow which was set up
by the superintendent and the prison staff with little input from
officials in Albany.
The central office personnel in Albany must play a more active
role. It is not enough to merely write a regulation or directive,
and transmit it by teletype to the individual prisons. Direct
involvement is required, including technical assistance, regular
field visits and monitoring, and taking steps to ensure compliance.
cai
ca
Problem Areas
The following areas require immediate attention. While for
the purposes of this report the discussion has focused on the
conditions and needs at Attica prison, it must be remembered that
Similar circumstances exist throughout the state system.
1. Prisoner Activity and Movement. The department must pro-
vide adequate recreational, educational, and vocational opportuni-
ties for all prisoners. This recommendation proceeds from the
understanding that idle prisoners are a source of tension and even
violence, and greatly increase the difficulties of prison manage-
ment. Additionally, there is a strong societal interest in
providing prisoners with at least the basic skills, including
literacy, required to survive on the outside without resort to
Criminal activity.
The leadership of the department must make sufficient programs
and activities an integral and necessary part of every facility;
Even if there are sufficient numbers of security personnel on line,
new institutions should not be opened, nor old ones expanded, un- ©
less the requisite activity areas and program staff are in place.
Programs--including daily recreation--are not in conflict with or
a threat to security; in fact, additional activity throughout the
day, and movement throughout the prison, result in a less tense
and frustrated prisoner population.
Decisions about individual assignments to program activities
must comply with Sections 136 and 137 of the Correction Law; the
commissioner should promulgate--and enforce--directives setting
out the necessary steps to ensure compliance. Meaningful programs
for specialized groups of prisoners, including the elderly and the
handicapped, and persons with emotional problems, must be imple-
mented. Arbitrary restrictions on movement should be removed,
including locking up prisoners at each meal period to move "the
gas" and on every occasion when even one prisoner is brought
to the segregation unit.
32.
>. Medical Care. Medical personnel and resources must be
adequate for the increasing number of prisoners. Once the state
assumes complete control over the lives of persons confined in
prisons, it must take all steps necessary to ensure that
their physical and mental condition does not deteriorate during
the period of incarceration. For Attica, this mandate requires
hiring additional full-time doctors, and other support person-
nel to permit timely attention to--and treatment of--medical
problems.
In light of the continuing and serious difficulties associated
with the medical delivery systems in the prisons, a special task
force including representatives from the Department of Health,
Commission of Correction, DOCS, and prisoner legal organizations
should quickly formulate standards in this area; the department
and the legislature should then expedite the implementation of
the standards developed. The court decision concerning medical
, :' sea 30
care at the Bedford Hills Correctional Facility, and the consent
, ; ; 31 :
judgment involving Green Haven should serve as starting points
in this effort.
3. Visiting. The ability to maintain regular personal contact
with family and friends while incarcerated has been demonstrated
to be one of the few factors that increase the inmate's ability
to reintegrate successfully upon release.>* Thus, practices and
30. Todaro v. Ward, 74 Civ. 4581 (SDNY). Judgment entered December 5, 1977.
31. Milburn v. Coughlin, 79 Civ. 5077 (SDNY). Signed August 20, 1982.
32. For example, Daniel Glaser found in a study of the federal system that
prisoners categorized as having an "active" family interest during the
period of their incarceration were significantly more successful in completing
parole than were prisoners who were not able to maintain such an interest (The
Effectiveness of a Prison and Parole System, Bobbs-Merrill Company, Inc., 1964);
Holt and Miller reported that "loners" were six times more likely to return to
prison during the first year following release than were prisoners who had three
or more visits (Explorations in Inmate-Family Relationships, California Department
of Corrections Research Report No. 46, Sacramento, CA, 1972); and a recent Massa-
chusetts study demonstrated that increased contacts with family and friends prior
to release resulted in statistically significant reductions in expected recidivism
rates (Le Clair, Societal Reintegration and Recidivism Rates, Massachusetts Cor-
rection Department, Boston, 1978).
conditions that create unnecessary obstacles for potential visitors
must be discontinued.
First, in light of the large size of the state, the primary
consideration when assigning a prisoner to a particular maximum-
security instituion must be the prisoner's area of residence.
Thus, for example, Attica should house all of the persons entering
the prison system from the Buffalo/Rochester area; only after all
of these persons are accommodated should the remaining space at
Attica be filled, beginning with those prisoners living in areas
nearest the prison. The department must develop plans to house
all persons in facilities requiring no more than a one-day round-
trip for a family visit; all new or renovated facilities should
be located no more than fifty miles from the area where the
majority of prisoners reside and will return to upon release.
Visiting hours, schedules, and procedures must not serve to
discourage visits or to degrade and harass visitors. Sufficient
staff must be provided during peak hours to enable a relaxed and
lengthy visit for persons who do manage to arrive at Attica; un-
necessary searches should be immediately eliminated. Finally,
additional state resources are required to subsidize more frequent
round-trip bus service from the New York City area to Attica and
to the other distant facilities.
4. Food Service. With the exception of prisoners in disci-
plinary status or in the infirmary, all persons must be allowed
to eat in the mess hall. This practice would permit food sub-
stitutions, including those necessary for religious reasons, and
allow prisoners the opportunity to eat in proper surroundings,
and not in a locked cell with an open toilet.
5. Legal Resources. Sufficient legal materials, books, and
assistance must be available to permit sustained and timely re-
search and preparation of court papers. Prisoners involved in
legal research must have regular access to the law library. Court
33%
appearances should not be demeaning experiences for prisoners;
as demonstrated in New York City, once prisoners arrive at the
courthouse, there is no reason to keep them shackled and cuffed.
6. Liaison Committee/Grievance Committee. In light of the
increasing tensions and overcrowded conditions, it is particularly
important that prisoners have effective channels of communication
and of expressing grievances. It is instructive to note that many
of the recent uprisings and hostage situations in prisons through-
out the country have been attributable to the desire of prisoners
"to be heard" and to receive a meaningful response.
At a minimum, those bodies and processes that serve no useful
purpose, and yet are held out as viable and important channels
of communication, should be eliminated. Thus, the Liaison Com-
mittees, which are generally not representative bodies and have
little, if any, impact on institutional operations, should either
be given meaningful responsibilities and functions or be disbanded.
The grievance process must be operated in a way that enables
legitimate complaints to be heard and acted upon in a timely man-
ner by persons in positions of authority. In the short run,
carrying out this recommendation requires strict adherence to the
Stated timetables and procedural requirements. The jurisdiction
of the grievance process should be expanded to include additional
types of complaints, including those involving individual employ-
ees or large numbers of prisoners. The Grievance Coordinator in
Albany, as well as the Commission of Correction, must take a more
active role at the instituion level in order to ascertain where
breakdowns are occurring, and to take the steps necessary to im-
prove present operations and to get the institutions' employees
and administrators to participate seriously in the grievance
process. The department must clearly demonstrate that prisoner
participation in and utilization of the grievance mechanism is
encouraged and will not result in adverse consequences.
In the long run, more basic changes are required. The present
()
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34.
35.
grievance mechanism 1s much too complex and time-consuming, and
is not likely to be viewed by prisoners--or staff--as a credible
method of resolving complaints under the best of circumstances.
The Commission of Correction, working with the legislature, and
onsulting with knowledgeable persons throughout the country,
One possible course is to
after c
should propose the necessary changes.
gnate an independent ombudsperson/mediator for each institution,
This kind of
desi
with direct access to prisoners and personnel.
program has operated in Connecticut and in other states; the
results of those efforts should be studied. Another approach
worthy of consideration is the use of local volunteers to assist
such a tack
e number
paid personnel in any grievance/mediation process;
would enable the program to expeditiously handle a larg
of matters at greatly reduced costs.
7. Disciplinary Proceedings. The process of disciplining >
prisoners should be re-examined; current practices that engender
bitterness because of changing rules and arbitrary procedures
should not be continued.
Prisoners should know in advance what is required of them and
what conduct can lead to the imposition of sanctions. Comprehen-
sive and up-to-date rulebooks, as well as orientation sessions,
should be provided at each institution. New officers, as well,
should be made familiar with the rules and practices at each
facility, and receive training from experienced personnel in the
handling of particular situations.
The department should act to ensure that all disciplinary
proceedings conform to legal requirements and that they are not
merely pro-forma activities "tolerated" by prison personnel as
a prerequisite for an already understood finding of guilty. It
js in no one's interest to create the increased anger and frus-
tration caused by such futile and summary proceedings.
8. Segregation Units. In light of the widespread allegations
of brutality and seriously deficient conditions in the segregation
areas, as well as the attitude of secrecy that the department has
adopted toward these areas, the Commission of Correction must
immediately utilize its statutory authority to closely monitor
these units and to require any necessary changes in operation.
We are especially concerned about the denial of access to these
areas and about the increasing number of plexiglass cells, with
all of the hardships that these structures entail.
9. Personnel Practices. The department must continue to focus
on the needs and concerns of its employees; discussions with union
officials and correction officers indicate that they are generally
satisfied with the attitude and actions of the present administra-
tion. But a number of areas still require attention.
The commissioner and deputy commissioners must give greater
support for and attention to the affirmative action program. While
progress has been made by the present affirmative action staff,
the extremely small percentage of black and Hispanic. officers at
Attica, particularly when compared to the prisoner population,
continues to be a contributing factor to the tensions and conflicts
at that institution.
The training for all personnel must be expanded. In light of
the young age and inexperience of the new guards and the tremen-
dous pressure of the job, a minimum of sixteen weeks is required
at the Training Academy, to be followed by on-the-job supervision
at an institution. All personnel must be given the required
hours of continuing training and education.
The present system that discourages the most experienced offi-
cers from working in the most difficult and sensitive posts and
institutions--and from even seeking promotions--should be changed.
A task force, including Council 82 and the state's Office of Labor
Relations, should develop a system of "specialist" classifica-
tions and financial rewards in order to provide incentives for the
most competent and senior officers both to continue working in
the potentially most volatile situations and to seek assignment
to the more responsible managerial positions.
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