I would like to have some feedback
on this email message.
Several years ago, at a major’s
meeting, I was stressing the importance of ensuring that inmates are in proper
uniform, properly groomed and wearing ID’s anytime they are out of the unit. At
the time, we were focused on the meal evolution, but the rule is true for any
evolution: meals, medical, work, etc.
I pointed that prisons that do well
in this regard simply do not allow an inmate to leave the unit for chow (or any
other evolution) until they are in compliance. One major objected and stated
that it was a violation of our policy and the U.S. Constitution to ‘with-hold
food.’ I was surprised, as were many of those present.
However, since then, I have come to
realize that years of practice and inaccurate information have indeed created
much confusion about such issues. The major’s mistaken understanding was merely
a reflection of that reality.
For a moment, we will just ignore
our duty to attempt to rehabilitate incorrigible men and women who have spent
years thumbing their noses at every rule of civilized society. Forget for just a
moment that the public actually expects that we will teach these men and women
to comply with rules and show some respect for themselves and for others.
Instead, let’s just consider two of
our most basic and absolute duties: safety and the provision of food, clothing
and shelter.
It is our duty to make certain
provisions for inmates. For example, we must make available food, clothing,
shelter and health care. We do a great job in that regard. However, with the
exception of rare medical/mental health related circumstances we are not obliged
to force inmates to eat. In fact, we occasionally have hunger strikes,
demonstrating very clearly that eating is optional. Eating is a voluntary
activity and any inmate may refuse to eat.
We are also required to provide
safe, secure prisons for the public, staff and inmates. For these reasons we
must set reasonable health and safely requirements such as appropriate attire,
identification, grooming and quiet orderly behavior in all circumstances. These
rules are necessary and rationally related to our primary mission.
We must simultaneously fulfill both
of these duties. So, in fulfilling our duty to provide an opportunity to
eat, exercise, visit, shower, etc, we must always maintain safe and
secure settings. When we allow inmates to ignore those rules, we jeopardize that
safety and security for everyone. Therefore, our rule is simple: All of these
opportunities are available to inmates. But, any inmate is allowed to decline
the opportunity by failure to comply with our reasonable requirements. Our
uniform and grooming requirements are examples of such reasonable requirements.
I recently dropped in on a prison
and observed at least 20 inmates returning from a meal without an ID. If
something had happened to any of those inmates, medically or otherwise, the
outcome could have been awful: Much worse than merely allowing those 20 inmates
to voluntarily miss a meal.
This is
unacceptable.
When an inmate fails to comply with
our policies, he/she is expressing a voluntary decision to miss that particular
evolution: visitation, canteen, religious activity, recreation, etc. While
appropriate disciplinary action may be warranted, preventing participation by
such inmates is not a disciplinary action nor is it punishment. It is simply the
practical, administrative execution of our duty to provide safe, secure prisons.
I have instructed Vicki Sheedy to
review all of our policies and orientation materials to ensure that this
fundamental principle is clear. If you know of any policy that contradicts this
rule or needs attention, please inform Bob Ward or
Vicki.
Have a great
week.