US penitentiary system.

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In the United States, the federal Department of Justice and state departments of corrections1 operate prisons ( states and federal prisons, reformatories ), correctional labor institutions - prison farms and workshops ( prison farms ), centers for reception, diagnosis and classification of prisoners ( reception, diagnosis, and classification centers, correction centers ), as well as special medical institutions: prison hospitals and centers for the treatment of alcohol and drug addiction. Investigative prisons ( jails ), as well as correctional institutions ( community based confinement facilities, residential facilities ), intended for the rehabilitation and resocialization of offenders, are subordinate to municipalities and district authorities. Each penitentiary institution is assigned a security level from I to 4. Local correctional institutions ( restitution centers, prerelease, work release, study release centers ) have a security level of I or 2. More than 50% of the offenders there are allowed to leave the protected area unaccompanied for a certain time - to work for hire or learn a profession and thus prepare for return to society. Prisons and other fourth- and third-security correctional facilities are under state or federal jurisdiction. These penitentiary institutions may include units with a softer regime corresponding to the second level. For prison sentences of more than one year, the decision on what level of security is required for a given prisoner and what rehabilitation programs he would like to participate in is made at the Prisoner Reception, Diagnostics and Classification Centre.

Not all accused go through pre-trial prisons. Thus, during 2004, 33% of those accused of crimes under federal criminal law were released pending trial. For persons accused of crimes under state jurisdiction, pretrial detention was used in less than 40% of cases. However, in approximately one-third of cases, the pretrial release order was revoked due to a violation of the conditions of release or the defendant was arrested for a repeat offense. Some violators may be placed before trial not in a pre-trial prison, but in a correctional institution with a low level of control. In some states, the police court may exempt a first-time offender from criminal liability if he agrees, for example, to undergo drug treatment.

If the court sentences the guilty person to a term of imprisonment of up to one year, then to serve the sentence the convicted person is placed in a district investigative prison or one of the local correctional institutions. The latter include 2 compulsory treatment centers ( Court residential treatment centers, Substance abuse treatment facilities ), where those in need of treatment for alcoholism and drug addiction are sent. These centers offer educational and socialization programs, and near the end of the sentence, the prisoner can undergo vocational training and receive assistance in finding employment.

Convicts who have committed an offense for the first time, who are able-bodied and mentally healthy, and do not have problems with drugs and alcohol, can be sent to restitution centers , but only if they themselves have chosen this alternative to imprisonment. This also includes convicts whose prison term is coming to an end - if the court has decided to soften the conditions of their detention and give them the opportunity to prepare for life in freedom. Persons detained in these centers are required to undergo a socialization course, attend classes in a special educational program, go to work (for hire, full time) and perform free community service. From the money they earn, they pay for their accommodation in the center, legal costs and compensation for damage to the victim.

Counties also operate auxiliary correctional facilities ( Intermediate sanction facilities ) - a softer alternative to prisons. Persons in respect of whom the court has decided to revoke a suspended sentence or parole (for evasion of control or any offenses) are placed here. The same socialization and educational programs operate here and, in addition, prisoners are involved in free public works.

Stricter rules apply in correctional camps3 ( boot camps ), where, like in the army, drill reigns and prisoners are often engaged in heavy public work (for example, building roads). In addition, they are required to complete an educational program and vocational training course. to such Young, healthy men who are first sentenced to a term of one to five years for non-violent crimes are sent camps, if they themselves express such a desire. The fact is that the period of stay in the camp is much shorter than the prison term: it is believed that harsh discipline and a spirit of collectivism contribute to re-education.

The auxiliary correctional facilities and camps are intended to relieve overcrowded prisons. However, the prison population is growing faster than the number of different types of penitentiary institutions.

At the end of 2006, there were 1,377,815 adult prisoners (over 21 years of age) in state correctional facilities, 193,046 in federal penitentiaries, for a total of 1,570,861 people4. Over the year, the number of male prisoners in these institutions increased by 2.7%, the number of women - by 4.5%. There were 766,010 people awaiting trial or serving sentences in municipal and county investigative prisons. Another 60,222 people were held in correctional facilities intended for resocialization. In total, in 2006, more than 7.2 million adults in the United States were incarcerated, on probation, or on parole under the supervision of a special board (parole board).

It is estimated that with incarceration rates as they are today, one in 15 people in the United States has a chance of being incarcerated in their lifetime.

At the end of 2006, 3,228 prisoners were on death row. During 2006, 53 people were executed in the United States, and 42 in 2007.

In 2004, approximately 633,700 federal and state prison inmates were convicted of violent crimes (murder and manslaughter, rape, sexual imposition, attempted assault, robbery, extortion, intimidation). Approximately 265,600 prisoners were convicted of crimes against property (breaking into someone else's home, theft of property, trespass, vandalism, car theft, possession and sale of stolen property, fraud, bribery) and 249,400 for possession, production and distribution of drugs. Over the 10 years from 1995 to 2004, the proportion of people convicted of violent crimes rose from 47 to 52%.

In terms of prison demographics, approximately 2/3 of prison inmates are from racial and ethnic minorities; over 50% are people under 35 years of age; about 4% do not have American citizenship. The share of women by the end of 2001 reached 6.6%. In pre-trial prisons, about 40% of the population was African-American, 19% was Hispanic, and in total, racial and ethnic minorities accounted for approximately 2/3 of the prisoners. According to data for 2002, 12% of prisoners were women, 38% of prisoners were people over 35 years old (in 1996 their share was 32%).

Researchers of the American prison system say that existing prison standards (from the Department of Justice, the American Prison Association, the National Advisory Committee on Criminal Justice and other organizations) are reasonable, but are poorly implemented due to underfunding of corrections and prison overcrowding. The conditions of detention in places of deprivation of liberty can be partly judged by mortality figures.

However, the costs of maintaining prisons and other correctional institutions are growing faster than the costs of medicine and education. From 1986 to 2001, they increased by 145%, from 15.6 to 38.2 million dollars (adjusted for inflation)5.

To ease the burden on the budget, in the 80s of the 20th century the USA began the vatization of prisons and the massive construction of private places of detention7 . At the end of 2006, a total of 113,790 federal and state prisoners were being held in private prison facilities. Companies that own and operate prisons, camps, detention centers, or restitution centers sign a contract with the federal, state, or county government. They undertake to house a certain number of prisoners in accordance with government standards, ensuring a given level of security. For each prisoner, the management company receives a guaranteed amount of money from the budget. Proponents of the contract prison system argued that it would improve the efficiency and reliability of the penitentiary system. Opponents warned from the very beginning that it would be profitable for management companies to save on security (which, naturally, would affect the level of security), exploit free labor and contribute to the extension of prison terms, including by lobbying for stricter legislation.

Regarding prison labor in prisons and camps, human rights organizations such as Amnesty International believe that its use is a violation of ILO Convention 1058, ratified by the United States in 1991, and national labor laws. Although formally a prisoner must agree to be sent to a labor camp or to work in a prison, in reality he is given no choice. Firstly, it often happens that a prisoner is allowed to leave his cell during the day only if he goes to work. Secondly, a working prisoner has a better chance of being released on parole. Thirdly, this is the only way to earn some money and buy something for yourself in the prison store. Finally, prisoners are not able to form organizations to protect their labor rights.

Many publicists and human rights activists argue that it was the privatization of prisons that led to an increase in the number of prisoners and, consequently, an increase in the cost of their maintenance, as well as overcrowding of prisons and isolation wards, abuse and an unprecedented spread of forced labor in places of deprivation of liberty, without easing, but aggravating the crisis of the penitentiary system.

Edited by Natalya Shlenskaya.

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1 This fact sheet does not cover correctional and detention facilities under the jurisdiction of the Army, Navy, Immigration and Naturalization Administration, or Bureau of Indian Affairs. In addition, it does not take into account correctional institutions for minors under the jurisdiction of the Ministry and departments of justice. 2 Using the example of the state of Texas: http://www.tdcj.state.tx.us/cjad/cjad=residential.htm . Please note that judicial and prison systems vary from state to state and even from county to county. 3 There are also militarized correctional camps for teenagers. 4 All statistics, tables and graphs, unless otherwise noted, are taken from the website: US Department of Justice. Office of Justice Programs. Bureau of Justice Statistics [ http://www.ojp.usdoj.gov/bjs/] . 5 Stephan JJ State Prison Expenditures, 2001/ Bureau of Justice Statistics Special Report. Justice Programs, US Department of Justice. NCJ 202949. June 2004. 6 Ibid. 7 This is described in detail in the book: Logan Ch. N. Private Prisons' Cons and Pros. New York: Oxford University Press, 1990. 8 Abolition of Forced Labor Convention No. 105. Adopted on June 25, 1957 by the General Conference of the International Labor Organization at its 40th session. Entered into force on January 17, 1959.

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