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Usdoj Nic Al Tutwiler Women Prison Report Nov 2012

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u.s. Department of Justice
National Institute of Corrections

Washington. DC 20534

Technical Assistance Report
November 1, 2012
NIC TA NO.:

11P1035

Project Title:

Onsite Assessment reo Cross-Gender Supervision in Correctional
Facilities

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Submitted to:

Mr. Kim T. Thomas, Commissioner
Alabama Department of Corrections
301 South Ripley Street
Montgomery, AL 36130-1501
Evelyn Bush, Correctional Program Specialist
National Institute of Corrections
320 First Street, NW 5007
Washington, D.C. 20534

Submitted by:

Susan Poole, Criminal Justice Consultant
14562 Nevada Court
Fontana, CA 92336

"This TecJlIlicLJI i\s,liJIlIl1Ce 1111 site as,l"l'I'SlIlent iJ provided under Cooperulire A s:r('el17elll () II' IN( ;jR~ \I'ith Ihe NUliOlw/
Illswute oj'Correctioll.l', US, /)('/7<1rl,"I'''' of.lu,lIiee, Points (1l'iew or vpinions expressed in the Feelmit'lll/\ssislw/('e
repOrl IIrt' rhose of the (Jllrhors tlllti do lIor rl'preSt'nl rhe ufficial opinion or I'olidef (It Ihe US. D"Imrullt:1lt (IlJll.lrit"l' . ..

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ON-SITE VISIT TO ALABAMA DEPARTMENT OF CORRECTIONS
JULIA TUTWILER PRISON FOR WOMEN
September 26-28, 2012
Reference:

I.

NIC Technical Assistance Request 12P1 031

Initial Request

NIC Technical assistance was requested by the Alabama Department of Corrections (ADOC).
Since 2005 NIC has been assisting ADOC in developing policies and procedures to comply with
the PREA. ADOC has been working to ensure that their operations reflect current standards with
respect to managing women offenders. ADOC requested technical assistance to conduct a
review of facility operations at the Tutwiler Prison for Women and make recommendations to
administration on additional steps that can be taken to reduce inappropriate staff conduct with
female offenders and create a safer, healthier environment. The assessment was not an audit,
but rather an opportunity to document strengths, challenges and observations as it relates to
sexual safety and gender informed practices.

II.

NIC Consultant Team

Susan E. Poole (Lead)
Criminal Justice Consultant
(951) 217-4628
susan.poole@ sbcglobal.net

Jeff Shorba
Criminal Justice Consultant
(612) 968-2292
Jeff.shorba@courts.state.mn.us

David M. Marcial
Criminal Justice Consultant
(860) 985-6014
dmarc55@sbcglobal.net

North Carolina Institution for Women
(919) 412·3798

Bianca Harris, Warden

Bianca.harris@ncdps.gov

Note: Consultant Bios provided in Appendix

III.

Background/History of the Facility
JlJLl.t.
TUTWILEa

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Julia Tutwiler Prison for Women was completed in December
1942, at a cost of $350,000 and had a capacity for 400
female inmates. The newer Tutwiler Prison replaced an older
Tutwiler Prison for Women, which had been the state's first
prison, the Wetumpka Prison, since it primarily maintained
female inmates.

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The facility was named in honor of the "Angel of the Stockades", Julia S. Tutwiler, a noted
Alabama educator and crusader for inmate education, classification, and improvement of prison
conditions .
Since Tutwiler has a death row, it is a maximum-security prison. Tutwiler is also the receiving unit
for all in-coming female inmates. The prison has nine dormitories, segregation and isolation units,
a medical infirmary, and units for inmates, who are pregnant, HIV positive, or aged and/or
infirmed. In addition, Tutwiler has an auditorium, a chapel, substance-abuse treatment, and
administrative ancillary services. Tutwiler's clothing factory manufactures inmate clothing items
for the Department and county jails .
In 2003 Tutwiler was overcrowded. During that year a judge declared that Tutwiler's conditions
violated the U.S Constitution.
In 2012 the Equal Justice Initiative (EJI) filed a formal complaint with the U.S. Department of
Justice alleging evidence of frequent and severe officer-on-inmate sexual violence.

IV.

Preparation of Work:
Four consultants comprised the assessment team. The team has considerable
experience in aSSisting systems to work more effectively with women in the context of
gender sensitivity and sexual safety; helping staff discover the best strategies that work
for them in their unique setting .

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Before arrival at the site and while on site, a variety of policy and procedural documents
and memoranda provided by the Alabama Department of Corrections' (ADOC) staff were
reviewed. Comments regarding these reviews are included under specific areas in the
Summary of Observations .
It should be noted that Commissioner Kim Thomas was personally involved in the
discussions preceding the assessment and communicated with staff and inmates at the
facility via memorandum and in person, to convey the purpose of the site visit. A series
of telephone contacts and discussions were held with ADOC leadership to establish the
scope and methodology to be utilized during the assessment.

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V.

Methodology: Consultants established an agenda for the three day site visit in
conjunction with Frank Albright, Warden. (Attachment A) The assessment consisted of
an entrance meeting with Warden Albright and his Executive Staff, followed by a tour of
the main institution and annex. During the three day period, individual interviews with
selected members of the Tutwiler staff were held.
In order to obtain a balanced
assessment of the operation, several focus groups were also held with a cross section of
staff representing custody, non-custody, and supervisory personnel. In addition focus
groups were scheduled with two groups of inmates and community volunteers .

VI.

Focus Groups The focus groups were conducted using established protocols and
the names and identities of the participants were not captured to ensure anonymity.
Their responses were utilized as one source of information to assist consultants in
exploring/assessing policy, operations and institution culture. As a part of the focus
group the following activities occurred:

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Staff Focus Group Exercise
Word Association Exercise
Participants were asked to write down the first thing that comes to mind when
they heard the following words spoken by the consultant. The purpose of the
exercise is to provide quick identification of areas that may be "hot button" issues
for further discussion within the group. Written responses are analyzed to
determine patterns and variety of opinions across these issues. The words
chosen for this exercise were announced quickly, allowing participants a brief
period to record their "first" reactions. The words chosen for this exercise were:

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Facility Management Team
Male Offender
Female Offender
Investigations
Staff Morale

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Inmate Programs
Health Services
Inmate Work Programs
Staff Training

The words were chosen to elicit opinions and perspectives on a sampling of
areas that may affect the effectiveness of the staff functioning in productive ways.
Some words are used to gain insight into the participants' understanding of the
organization of the agency and relevant to the subject matter being explored.

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B.

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Guided Written Question
This exercise consists of eliciting participants' thoughts about how they would
improve the management and operation of the facility.

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Participants are asked to write their response to the following question:
1) If you were sitting in the Warden's chair and could do anything you wanted to
improve the effectiveness and "health" of the facility, what are the three most
important improvements you would make?
Comments and responses from both staff and inmates during the focus group process are
analyzed and are used in part, as a basis for observations throughout the report. A summary of
the Guided Questions is provided in Attachment B

VII.

Summary of Observations

Domain 1
LEADERSHIP AND PHILOSOPHY (AGENCY-LEVEL AND FACILITY-LEVEL)
Factors Considered: Agency-level oversight has been established for gender-responsive
and evidence based prinCiples and practices; Facility goals and objectives clearly acknowledge
the importance of evidence-based and gender-responsive principles; The facilities written policies
and procedures have been operationalized to reflect the importance of evidence-based and
gender-responsive principles.
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Strengths
There is a sense from both the leadership of the facility and many of the staH that they are there
to help improve the lives of the offenders under their care. Some staff noted that they were there
to "Rehabilitate oHenders" while others indicated that their "mission is twofold, first it is to help
serious offenders (LOP) understand pathology & self, and female facilities are here to help
rehabilitate." Staff also seemed to understand that they could have a positive impact on the lives
of the female offenders. They noted, "There are some very positive things we can do here." The
inmates seem to believe that based on the fact that the facility has two new captains that things at
the facility will improve .
The Warden seems to have taken the role of physically being the leader to heart. He openly
appears to accept responsibility for his actions and that of his staH .
The Non-Security part of the Management Team seems genuinely interested in following the
rules of the facility and the Department as presented to them. They also appear to be following
what written guidelines they have as it relates to their area of expertise/responsibility.
The Security part of the Management Team seems to have a tight and cohesive structure with the
Deputy Warden and Captains leading the way.
The staff acknowledged that they supervise female offenders and that this supervision is different
from the supervision of male offenders.

Challenges
A number of ADOC staff has partiCipated in several NIC Specialized Training programs focusing
on the Management of Women Offenders and Staff/Inmate Relations (Staff Sexual MIscondUct).
A review of the attendees at these sessions reflects that these were primarily management level
staff at the institution level. While the focus of these sessions has been gender sensitivity and
sexual safety for staff and inmates, systemiC changes would require policy review and
amendment at the departmental level. Prior to this assessment it does not appear that Central
office has fully embraced or understands the significance of gender issues. Consultants'
conversation with departmental administrators tend to indicate that they have been more
focused on conSistency than the fact that women are different, although there is research to
support the value in considering the difference when planning for programs and services.
Overall polices reviewed and practices described by staff do not reflect gender prinCiples to the
extent that they should, as evidenced by many issues that will be described in the Domains that
follow in this report.
It appears that the Warden has tried to be a champion for women's issues but has been unable
to affect changes due to the lack of personal, physical and fiscal resources at hIs disposal. The
age and design of the physical plant, overcrowding and inability to recruit female custody staff as
well as deferred maIntenance have all contributed to a very difficult phYSical environment to
manage. The result has been staff frustration, low morale and a dependence on a "control
management style" to manage daily operations. Consultants observed that some senior staff at
the facility appears to have little time for inmates. They seem to see inmates as a nuisance and
exhibit that by body language and giving orders rather than listening.

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Neither staff nor inmates view the leadership of the facility (primarily the wardens and the
captains) favorably. Staff indicated that the facility leadership "needs restructuring." They noted
that the leadership was "Unprofessional" and the style of leadership was best described as "Micro
Management." "It is a fear driven leadership," "Oppressive for both staff and inmates." They
claimed that the culture was one of "Intimidation and undue harshness" .
Based on the limited scope of this assessment, Consultants have no way of confirming this
information however, staff and inmates report that inmates have been disciplined without due
process on occasion and they provided specific examples. Although Consultants were not able
to verify their statements, if true this situation is problematic. Even if this is just a perception, it
was so pervasive as to suggest that further evaluation in this area is warranted .
Although the Warden and the Senior Management Team clearly understand they are responsible
and are the leaders of the facility, it appears they don't understand the importance of explaining
policy and procedures to those who work for them. They have taken no steps to address the
"people" part of managing the facility. They do not seem to value the importance of listening and
interacting with the staff. There does not appear to be a genuine pathway to express
disagreement or have a productive discussion to achieve the best results .
It appears there is a culture of certain Captains, Sergeants and Officers who have their own set of
rules as it relates to managing the inmate population; while there is another group of the same
level staff who try and manage with a more humane approach. As a result, there appears to be a
distinctive division in supervision .
The staff does not truly understand what gender specific or evidence based guidelines and
pathways are and clearly are not using them to manage the facility staff or inmates.

Opportunities
The core custody staff (Correctional Officers), substance abuse, medical and mental health staff
appear to be ready and willing to receive direction in managing the facility. Overall they have a
positive attitude toward each other (within the discipline) and the facility (mission as it relates to
both staff and inmates) .
This staffs members seem to be eager to learn discuss and implement appropriate philosophy
and procedure that is taught and explained. It appears a comprehensive training agenda that
focuses on evidence based and gender specific policies, procedures and philosophies would be
welcomed .
From an agency point of view, there is an opportunity to re-write the entire SOP and post orders
for all of the facility to recognize to acknowledge gender sensitivity.

Domain 2
EXTERNAlSUPPORT(SYSTEM,STAKEHOlDER
Factors Considered :) Funding is available to support evidence-based and genderresponsive practices and Community partnerships are encouraged and valued.

Strengths
There appears to be a large (over 300) volunteer base within the area of Religious services .
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These partners appear to enjoy coming into the facility and serving the inmate population.
Inmates made positive comments on their interaction with the volunteer community .

Challenges
Consultants were not able to discern whether or not there was recognition in central office of that
operating a female facility may have some cost differential in some areas from male facilities .
Consultants did not observe or hear of many formal MOUs with community partners. There did
not appear to be a formal community advisory group.
The relationship with the volunteers appears to be solely based on the Religion or denomination .
There does not appear to be a focus on training in the philosophy of gender specific interactions
and PREA. When specifically asked about PREA the volunteers were unfamiliar with what that
entailed .
The volunteers report to the Warden. Their interaction with the Chaplain is through email or when
the Chaplain is present during a service or group. All direction and rules are primarily given by
the Warden/Deputy Warden. The example given by the volunteer was the Deputy Warden led a
training session that discussed the dress code. It was directed that women could not wear
sleeveless or spaghetti strap top; but the Deputy Warden given the training was wearing a
sleeveless top. The volunteer stated, "That didn't seem right" .
There was no evidence that the volunteer community was a part of a cohesive group or was
given direction or opportunity to have a role in the mission and philosophy of the facility.

Opportunities
The volunteers expressed a willingness to take any and all training given. They were very
responsive and asked questions as Consultants I gave a brief overview of what PREA was and
why it was important. They also appear to care about the inmate population and their well being.
There is also an opportunity to have a volunteer network where they could have interaction with
each other and focus on a communal approach to providing a support system for the facility and
inmate population .

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Domain 3:
FACILITY
Factors Considered: The facility is assessable to the Community and the families of women
offenders; Safety and security parameters respect women's (limited) need for privacy; the
physical plant is clean, functional, comfortable, safe and secure .
Strengths
There is identified space for mental health treatment, medical treatment and religious services.
There were awareness posters pertaining to sexual violence displayed throughout the facility.

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The facility has an established visiting problem for the women to be able to see their family
members.

Challenges
Although Tutwiler was built and designed for women offenders in 1942, the current design layout
and population levels of the facility are not conducive to managing a female population. The
physical plant layout is not conducive to reinforcing privacy, safety and security protocols of an
inmate population and more specifically, the female offender. Except for the Mental Health,
Medical and the addiction services dorm, all of the general housing dormitories are open bay
units, accessible from a main corridor. The Dormitories are separated from the main corridor by
barred doors and walls.
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The housing units are maximized in their capacity (115 - 150) as far as space is concerned. The
maximum use of the space does not leave adequate dayroom and/or socialization space for the
housing population. It appeared to be enough space in the housing areas for 4 to 8 chairs only.
There is no day room space in the housing units so inmates are forced to stand by the bars or sit
on their bunks during in-house recreation time. Because there is limited programming space, only
a small percentage of women are able to attend programming and spend a fair amount of time in
the dorms. The limited relaxation space means that inmates, when in the housing unit, have only
one option and that is to sit upright on their bunks with no back support.
There is a lack of security cameras monitoring major areas of inmate traffic. There are eight
newer cameras in the Mental Health unit; however, at the time of our visit only seven were
viewable in the Mental Health unit's control module. There are old antiquated cameras throughout
the dormitories and the corridors, yet none of these cameras are operable or viewable. A few staff
members mistakenly believe that the warden is able to access them from him office.

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Example of Inoperable cam.,..

No cameras In Education building

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Staff is able to observe the housing units from the
main corridor. In addition to the fact that inmates
have no privacy from the main corridor, there are
also no privacy barriers where inmates can change.
The New Bathrooms and showers that were
redesigned to accommodate ADA inmates, have
open showers and toilets where inmates have no
privacy from each other and no privacy from staff,
including male staff.

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The design of the bathrooms in all housing areas is
not conducive to observing,-monitoring amtrespondir19 to possible PREA concerns and/or violent
outbreaks.
The facility was under construction at the time of our visit, as they were attempting to make the
facility ADA compliant. In addition to the construction, sanitation levels at the facility were not up
to standards.
Many of the new toilets were found not to be operable. Also, because of the construction being
executed at the facility, the counseling and business office staff currently have to walk through the
medical examination areas to access their offices .
The majority of the staff at the facility are males and although the Warden indicated that there is a
knock and announce policy before male staff enters the bathrooms; male staff was observed
entering these areas without announcing their presence. We could find no systems in place to
ensure the limited privacy of the women offenders .

Shakedown area for inmates
EducationNocational Training

retuming

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Visiting

ares:

Inmates

are

strip-searched

by far right wall utilizing panels at resr of Photo

As an example, inmates retuming from the vocational shops and inmates being processed after visits are
strip-searched in groups with no privacy dividers between inmates. The visiting room has steel
institutional table with attached steel stools in an area that is partially under construction. This is
not an area that is conducive for interactions with families, especially children.

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There are four Death Row cells that are separated
from the main corridor by solid doors. Although there
is no staff member assigned specifically to Death
Row, the corridor officer is responsible for touring
that area every fifteen minutes. Because of staffing
shortages that officer is often responsible for
supervising the adjacent housing units as well .
When staH is conducting their i5-minute tours of
Death Row, they are behind solid doors with no way
to sUbstantiate their activities while in this area.
Management staff indicated that one officer had
been terminated for engaging in sexual misconduct
with a Death Row inmates a few years prior.
However, the physical stru<:;ture that enabled that behavior was never modified to -minimize the '
possibility -otfi:JtureOCClJ rrsrlces.
Blinds were found on windows in several office areas. Office privacy is not necessary in prison.
Professionalism and security can rise above the perceived need of privacy. Many acts of staff
sexual misconduct have occurred behind blinds. This was brought to the attention of the wardens
at the time of our visit and Consultants were advised that they would take immediate steps to
correct this situation.
The physical facility does not stress cleanliness and sanitation as a standard. It appears the
standard environment is one of disarray and acceptance of unclean space and therefore does not
reinforce physical andlor personal safety of inmates or staff. In addition access to areas where
inappropriate activity could occur was in evidence in several areas throughout the facility.

Attic access-no cameras

Opportunities
The management appears to be receptive to guidance from NIC and other sources that guide
them in the implementation of policy and procedures that are gender responsive.
The assessment team interacted well with the staff and management team. During those
interactions and conversations several observations were communicated. These observations
included staffing patterns, use of space, gender responsive policy and procedures, physical plant
functionality and security parameters within a female facility.
The Death Row solid door issue noted could be mitigated by either placing a camera in this area,
As an alternative the management could mandate that the door be kept open during rounds or
'flri I" li'< itllil',d . h ,;1/(./1/('1.' lI("//I";/.1' Projecl # I ~I' 103 I i.1 .fimdf'd by Ihe Pr;I()I/1 0; 1';,/fJlI 01 lit!' 'v(l/i"lIul 111.1/1111/<' or
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replace the solid doors with a door with a window that allows for observation from the main
corridor when tours are being conducted.

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The warden indicated that plan to place security cameras in critical area throughout the facility
had been devoted and funds allocated. However, prior to implementation, the funds were
diverted to other competing priorities. The agency may want to revisit this issue in light of the
many blind spots that were identified within the facility and to increase staff accountability.
Some additional attention should be paid to the overall cleanliness of the facility .

Domain 4:
MANAGEMENl'· AND OPERATIONS
Factors Considered: The facility has a clear commitment to the implementation of genderresponsive and evidence based principles and practices at all levels of operations; There is an
infrastructure for the oversight and implementation at gender-responsive operational and security
practices; The facility management is assessable to staff and women offenders; The daily
schedule is structured and gender-responsive..

Part 1- Gender Informed Practices
Strengths
Several managers have attended the NIC program "Operational Practices in Women's Prisons"
The ADOC requested this assessment and therefore demonstrates a willingness to further their
knowledge regarding appropriate treatment of women offenders .
The local administration is present and frequently tours the prison complex.
Some staff and Administrators are viewed positively
Recently the facility has discontinued the use of the flimsy one piece sleepwear in favor of a two
piece modified sleepwear for the population. The material used is somewhat more substantial
and provides better coverage. The warden also stated that he had modified the allowable
property list to account for toiletry and personal hygiene items for the offenders. These changes,
they report, were in response to feedback they received during NIC sponsored training regarding
the management of women offenders
The staff appears to be willing to receive guidance and training in all aspects of this Domain

Challenges
Consultants did not observe any "substantial" commitment to the implementation of genderresponsive and evidence-based principles and practices at this facility. To the contrary, some
staff and inmates report that the inmates at this facility are treated in a repressive and despotic
fashion. A staff member noted that women with trauma histories are sometimes yelled at and
threatened which could exacerbate their condition and contribute to Post Traumatic Stress
Syndrome (PTSD) in some cases.

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Facility staff report that women are required to cut their hair upon arrival to the facility and must
maintain a hair length that is above the shirt collar. The stated reason given by facility staff is

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"This is the way it has always been", and "it is due to the need for proper sanitation/hygiene" .
This was a matter of great concern to the inmates and appears to be further exacerbated by the
fact that haircuts are reportedly sometimes done by other inmates with little or no experience in
barbering.
Inmates have limited storage space for their personal items and allowable commissary and legal
materials. They are allowed one storage drawer and a mess bag for laundry that can only be half
filled. Consultants noted that not every inmate has equal storage space depending upon whether
or not she is assigned to an upper or lower bunk, because the drawers are not the same size.
Consultants observed that given the allowable property and the commissary that ~n, inmate can
'. ' ", hay,e per PQ~c~,. the space allowed is inadequate. In order to accommodate personal property, to
include commissary and legal materials, inmates often have to store some items along with their
soiled clothing in the mesh bag. This is unsanitary and the subject of much concern to the
population. Additionally, upon inspection by staff, an inmate can receive a disciplinary write up for
violation of policy. This appears to be a catch twenty-two situation where allowable personal
property is not accommodated by providing adequate storage space and then can be cause for
disciplinary action.

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Inmate uniforms are white tops with white pants I slacks with Alabama Department of Corrections
stenciled on the back. Their uniforms have to be washed in the main laundry, which leaves them
looking threadbare and dingy. The laundry schedule allows uniforms to be washed one day a
week, which means if the inmate is wearing one uniform, she can launder the remaining two.
Thus, the inmate does not have access to a clean uniform daily. Depending upon her work
aSSignment this is even more problematic. The same goes for personal clothing which must be
laundered once a week in the main laundry. Inmates do not have washers and dryers in the units
and the buckets they used to use to wash their cloths have been removed from the units. This
process does not take into account the personal hygiene and sanitation requirements for
menstruating women.
As noted above, there are no privacy panels in the housing units or in the inmate bathrooms.
There are several cloth panels that are used to afford inmates privacy from male staff when they
are strip-searched after visits, however, multiple inmates are strip-searched simultaneously in this
area.
Also as previously noted, the inmates do not feel that the facility management staff is accessible
or approachable. Additionally, feedback from the various focus groups points to an attitude of
"bullying" on the part of the leadership towards staff and inmates. This they say creates an
oppressive environment for staff and hinders programming opportunities for the inmates .
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Due to the lack of cohesive and well thought out policies and procedures to govern inmate
clothing, commissary and program services; retaliation against the inmate is of great concern.
The environment appears to be very quid pro quo oriented and potentiates the ability to
accommodate abuse, coercion and intimidation. Additionally, the inmates do not have a formal
grievance process and whatever informal process that is present may work depending on who
the inmate and/or staff is that is a part of the process.

Opportunities
The inmates and staff are available for training .

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The methods for laundering inmate clothing could also be evaluated in light of the need for
women to attel1d to their ~er~onal hygiene.
Some attention should be paid to the storage space provided for each inmate to ensure that is
equally applied and that allowable property can be safely stored and meet environmental and
health and safety requirements. In addition, for those inmates that have active legal cases, some
accommodation should be mad for storage/access to their legal materials in a timely manner.
A documented method for resolving inmate complaints/concerns should be considered.

Part II: Prison Rape Elimination Act (PREA) Policy
The Alabama Department of Corrections (ADOC) has a policy which addresses PREA
related issues - Administrative Regulation 454: Inmate Sexual Offenses and Custodial
Sexual Misconduct. Consultants reviewed this policy along with others which touch on
PREA related issues, including:
•

Administrative Regulation 228: Employee Sexual Misconduct and Sexual Harassment

•

Administrative Regulation 208: Employee Standards of Conduct and DiSCipline

•

Administrative Regulation 204: New Employee Orientation

•

Administrative Regulation 300: Investigations and Intelligence Division

•

Administrative Regulation 302: Incident Reporting

•

Administrative Regulation 435: Protective Custody

ADOC has a documented Investigations Process._Consultants reviewed a number of completed
investigations and the ADOC investigations policy. Consultants also interviewed staff from the
Investigation and Intelligence (I & I) Division, including staff involved in supervising a number of
sergeants (PREA coordinators) located across the state who are specifically involved in
coordination of PREA related events.

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The ADOC does have a hotline for use by inmates in reporting sexual abuse allegations. These
hotlines are accessed via the regular inmate pay phone system which is located throughout the
facility and in the housing units. Signs are posted in conspicuous locations near the telephones
advising them of their right to be free from sexual abuse and the procedures for reporting.

•

With respect to forensic medical exams investigators state that ADOC uses outside hospitals to
conduct forensic medical exams.

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With respect to Prosecution, Administrative Regulation 300 makes clear that all cases which
could potentially be criminal are referred to prosecutors for a decision on whether to prosecute.
Investigators confirmed that this is ADOC practice

Challenges
Many of these PREA policies have not been updated in a number of years. Administrative
Regulation 454 was effective May 22, 2008 and does not include provisions consistent with the
recently released final PREA regulations (28 Code of Federal Regulations (CFR) 115, June 20,
2012) .
Consultants discussed the process for responding to PREA related incidents or complaints. I & I
staff are responsible for monitoring the PREA hotline where inmates can report allegations of
sexual abuse. Reports can be made to the ADOC in a number of ways. Administrative
Regulation 454 states that "all sexual offenses and custodial sexual misconduct incidents shall be
reported to the I & I Division immediately". However, another section of the same policy states
that "an initial investigation of sexual assault and threats of sexual assault shall be conducted by
a supervisor, to include isolating witnesses and securing the crime scene". In discussions with
staff it appeared that the Warden or his or her designee could also assign someone to conduct a
"preliminary investigation" if an allegation was received by the Warden's office. Once an
investigation comes to I & I, if it involves a PREA allegation it is assigned to a PREA coordinator
to begin the investigation. If the behavior is found to be criminal it is reassigned to an investigator
with law enforcement credentials.
Consultants had a few concerns about this process. First, it was clear that not all of the steps
were written down in a formal policy. Administrative Regulation 302 contains no information
about the steps for investigating a PREA allegation. Second, it appears from conflicting language
in the policy and discussions with staff that Wardens or others may have discretion to do a
preliminary investigation and possibly not refer items to I & I. This does not appear to be the
current practice, but policy should clarify this reporting requirement. Third, the policy and practice
appears to allow for multiple encounters with potential inmate victims as supervisors, Wardens,
PREA Coordinators and other I & I investigators playa role in the investigations process. Multiple
interviews with sexual abuse victims can re-traumatize a victim and can discourage cooperation
with the investigative process.
Staff and inmate understanding of the investigations process is important to help build trust.
Individuals do not trust something they do not understand. Often times it is believed that secrecy
helps an investigative process but the opposite is really the case. Staff and inmates are much
more likely to cooperate with a process if they understand how it works. It appears there is little
review of the investigative process and the work of the I & I Division in either staff training or
inmate orientation.

•

Consultants reviewed a number of investigative reports. The reports were well written and
thorough. However, there were concerns about two practices used in the I & I report writing
process. First, the investigative report form does not appear consistent with the investigative
findings mandated by the PREA regulations. Under the PREA regulations investigations can
have one of three results: Substantiated, Unsubstantiated or Unfounded. These three results
should be used by correctional entities for reporting investigative information to the U.S. Bureau
of Justice Statistics (8JS). The ADOC investigative form contains the following options for
labeling an investigation: Criminal, Non-Criminal, Internal, Unfounded, Pending Investigation,
Closed or Inactive, Cleared by Arrest, and Not Cleared. In discussing these categories with
investigators it was clear that more than one box could be checked, i.e. an investigation could be
criminal and unfounded. The categories did not, however, clearly provide for an
"unsubstantiated" conclusion and it also was not clear when a case was "substantiated" .

••

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Second, it was clear from discussions with investigators that it is the practice within the ADOC
that the individual investigating the case also determines the conclusion of the investigations, Le.
whether it is substantiated, unsubstantiated or unfounded. This is not an investigation best
practice. Similar to police work, the role of the investigator is to gather all of the facts and prepare
a report summarizing those facts. This investigative report should then be sent to some other,
probably higher level official, who analyzes the fact to reach a finding or conclusion about guilt or
innocence. If the investigator is also charged with making a conclusion, they may be tempted to
review the facts in a way that supports the end result .
Consultants found a significant presence of staff reluctance to report on the inappropriate actions
of fellow employees. The focus on staff conduct and lack of confidence in the investigative
function within the. department has, in some cases, increased their fear of getting involved.
Consultants did not get the impression that staff recognized that staff sexual misconduct with
inmates is usually preceded by other breeches of professional boundaries, such as inappropriate
communications, giving of gifts, providing special privileges etc. These actions are, in and of
themselves, a breach of security, and in many cases lead to more serious conduct as the
employee either tries to cover up earlier transgressions or continues an escalating pattern of
involvement with the inmate(s) .
Discussions with ADOC staff also disclosed that while there was general understanding for the
necessity of the investigations that are done; these investigations often result in no finding of
wrongdoing. The ADOC is allowed to polygraph inmates who make allegations, but there are
prohibitions in the law, which prevents them from administering polygraph testing to employees.
If the inmate is determined to be truthful in their response to the polygraph test, but the employee
denies wrongdoing, there is deemed to be not sufficient evidence to bring a finding of guilty.
There were several instances cited where, several different inmates over a period of time made
allegations against an employee and were found to be truthful, nonetheless, no action was taken
against the employee who maintained innocence.
Departmental staff cites the fact that in some cases where staff has been found guilty, the cases
have been overtumed in the Administrative review process and the employees are returned to
work. Staff fear reprisals if they have contributed to the investigations and the employees are
subsequently found not guilty. Specific examples were provided to the Consultants, which
suggest that their peers treat staff who report on other staff with disrespect. Consultants had no
tangible way to validate the examples that were provided; therefore they are not included in this
report.
Consultants attempted to use the hotline from telephones within the facility. On one occasion the
hotline connection failed to work. While on site it was disclosed that there were several other
telephones that were out of order. This may discourage inmates from making use of this
important reporting mechanism. The availability of a viable hotline is a significant component in
the effort to afford inmates available means of reporting allegations of abuse and should be
maintained in working order.
Although Administrative Regulation 300: Investigations and Intelligence is in place, it does not
provide much detail on the decision to recommend a forensic medical exam be conducted.
However, in discussions with investigators, conSUltants were told that forensic exams were
recommended if an incident occurred within 48 hours from the time of reporting. Best practice for
the use of forensic medical exams indicates that evidence can be gathered within 72 or in some
cases 96 hours, after an incident occurs.
The facility was built in 1942 and pre-dates PREA guidelines which have only recently been
adopted. In light of this there is no evidence that gender or PREA protocols are recognized in the
logistical design of the facility in general and especially as it relates to the housing area,

"[his [(,(/lIlieul AHi.l·tullce aClit'ity Projn" # /2P /03/ is/lIlldeti hy tile Prisoll~ Di\'i~lOn 0( 1ft/! Nil (iIJllu I 1m til IIII' of
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bathrooms and medical unit. The primary concern is with inmate privacy issues, clothing and
socialization/recreation/programming space allotted for the inmate .

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Opportunities
The ADOC should take the opportunity to review all of its policies related to PAEA and update
them to be consistent with the PAEA regulations. The ADOC should consider development of a
Standard Operating Procedure (SOP) for the Tutwiler Prison for Women to address PAEA issues
specific to this female facility.
The ADOC should review its investigative policy and practices to ensure a/l sexual abuse
allegations are immediately forwarded toJ & I for review with no discretion for any other entity to
defer an investigation. In addition, the practices should be streamlined to limit as much as
possible repetitive interviews of potential sexual abuse victims.
The ADOC should develop a more detailed orientation about the investigative process and
mandate its inclusion in staff training and inmate orientation .
The ADOC should review its labeling of investigations to ensure consistency with the PAEA
regulations and ease of reporting to 8JS of substantiated, unsubstantiated and unfounded cases .
The ADOC should also review its investigative process to ensure that individuals investigating a
case are also not making conclusions about the investigative outcome .
With respect to the inmate Hotlines for reporting abuse the Warden should include in post orders
for each shift a requirement that staff check the hotline connection to ensure it is working from
each inmate telephone and document same. Any malfunctions should be reported immediately to
management and brought back on line as soon as it is practical to do so. It should be noted that
while on site Consultants discussed this matter with the wardens and received favorable
response.
The ADOC should consider revising its timeline for recommending a victim undergo a forensic
medical exam and should revise its investigations policy to reflect any new timeline.
ADOC has had some success in getting cases of sexual abuse prosecuted. However, with the
publication of the PREA regulations now might be a good time for the ADOC to reconnect with
prosecutors around the state to try and build greater support for prosecuting this type of case.
The ADOC should reach out in a formal way to prosecutors in areas with correctional facilities to
educate them about the new PAEA regulations, ensure they understand the importance of
effective prosecutions of these cases for institutional safety and security, and offer to provide
assistance in any way from the investigative perspective in putting together a sound case which
can be prosecuted.

•

Domain 5

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STAFFING AND TRAINING
Factors Considered: The hiring process has been designed to identify staff with adequate
awareness and commitment regarding effective work with women offenders; Staffing patterns
supports the operational and programmatic requirements for effectively working with women
J'1'tilll;(,u/ A.\\iHtJI1Cf' c/cliFi/,Y Project Ii / 2P IIJ31is(imJecl hy the Prisons DiI';'lio/l f~f'the Natiollal /n.llil/(fl' fif
Corrcction.I, II.S. /J,'!,"fllllell/ ol./u.ltit'e. Point\' of l'fI'W or (J/,inions l',>;preoed in 11zt' reI hnica/ A 1'1'; Hance 1'1'1'01'1 urf'
Iho\i" "llli£' IIl1r/{ors (jnti do /11)/ I'l'l'rl',H'I1/llie olflri{f/ opinion (JI'l'o/icieJ (lj'rhe
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offenders; Staff members have adequate training for effective work with women offenders; All
staff are held accountable for effective implementation of gender-responsive practices.

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Strengths
The ADOC has a twelve-week Academy and all uniformed staff is required to attend the Academy.
Their officers are POST certified and have limited peace officers powers. They hold academy
four times a year due to the length of the academy and physical capacity.
The facility operates on four 12-hour shifts. They have a shift bid based on seniority every
December and the new shift rotation starts the following January. There are four squads: A squad
Days, A squad Nights, B Squad Days and B squad Night!!i. Staff works_six to"six. with, no ,shift
briefings; tney- go"straight to their assign post for the day. lieutenants do their own schedules,
therefore assigning staff to post. Staff normally work a different post every shift, although in
Segregation and in the Mental Health unit they try to keep the same officers for consistency. They
also have one lieutenant and two sergeants per shift. There are four admin officers that work
Monday through Friday, 6:30 to 3:00 on specific assignments and one lieutenant and one
Sergeant that work 8:00 AM to 5:00 PM. One female officer is assigned for transport, and
Segregation and the Back Gate are gender specific post.

There is a willingness on the part of the volunteers to participate in any training; especially
training that is specific to the female offender.
The staff members that are associated with volunteer personnel and other external partners
appear eager to participate in any training provided.

Challenges
The department and the facility indicated that they have been making a concerted effort to hire
adequate numbers of women correctional officers for the facility. Despite their best efforts,
Tutwiler is still understaffed with women officers. Contributing factors are as follows:
With respect to the academy, Executive staff stated that the following occurs:
•

They are able to recruit staff due to the length of time it takes to get to the Academy a
Significant number of people fall out of the process. In addition, in a class of 100 only
about 1 0% of the applicants will be female and this may drop off if you consider the
geographic location of their permanent residence. Many are not from the areas close to
the prison location and there is no incentive for them to change their residence .

•

In the Academy a significant number of people are lost due to an inability to pass the
physical fitness portion of the requirements, primarily women who do not possess the
upper body strength.

•

As a result staff are allowed to be assigned to the facility to work, once hired, for up to 4-6
months before attending the Basic Academy. This has helped to fill vacancies. At the
institution they are allowed to work on their physical fitness skills.

•

While assigned to the institution they cannot perform the full range of duties and are
considered cadets. These cadets are assigned to shadow a senior employee and must

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l8
be at their side at all times. Cadets are not allowed inmate direct contact, or the
operation of firearms equipment or inmate transportation duties.

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Based on the above the Consultants questioned the benefit of having them assigned before
completing the academy. They were advised that the staff vacancies made it impractical to let so
many people drop out of the pipeline, based on the down time before coming to work and
attending the Academy. While this practice may be of some benefits, if not managed properly, it
could also have some unintended consequences. For example when touring the facilities, the
Wardens were asked if the cadets were ever used to cover vacant Posts. While they answered
that ~ is not supposed to happen, staffing deficiencies sometimes place the shift commander into
a position of making some critical decisions with respect to this issue. They cannot be certain
that it has not happened. Placing cadets in positions with inmate contact, without proper training
,
could have some adverse impact 00 the safety and security of the facility
Although the captains in the facility are women, there is not enough female staff to even cover the
gender specijic posts that have been designated.
There are eleven posts that they must fill yet they normally only have seven officers to run them .
As a result, staff is required to work numerous overtimes. Because of the staff shortages, staff
from other facilities will often work overtime at Tutwiler. Staff, both line and management, noted
that when the Warden gets frustrated with the supervisors he will change their shifts as a form of
punishment. He will often change their shifts two to three times per year. Additionally, some of the
female management staff indicated that the male staff at Tutwiler, both White and African
American, do not like to told what to do by strong black females .
In discussing the training that staff receive at the Academy there is little training that is provided
relative to working with female offenders. Much of the current research indicates that there is
some benefit to understanding the background statistics, history and manner of entry into the
criminal justice system for the female offender, for those employees who will be working w~h that
population. Gender responsive programming and training allows staff to utilize the proper
communication and management techniques to gain compliance and work effectively with this
population .
There is no remarkable training at the facility to prepare staff to work with women offenders. The
training that the top management staff at the facility received is limited to NIC's Operational
Practices in Women's Prisons. Other than that, there has been no formal training for managers
or line staff regarding the supervision and management of female offenders .
According to staff, the inmate population has steadily grown while post and staffing has
decreased. We noted that the staffing pattern at this facility does not support the operational and
programmatiC requirements for effectively working with women offenders. As noted, the facility is
so short staffed that, more often than not; male staff from other facilities are able to work overtime
at Tutwiler. During our visit we encountered a male officer working the orientation unit, a critical
housing unit in this facility, on overtime from a male facility. Upon questioning, he indicated that
he had not received any orientation or training on how to supervise and manage female offenders
nor had he received any gender specific orientation .
There were no formal training protocols identified by the staff and the staff was unable to clearly
articulate what they used to train volunteers or external partners with respect to inmate staff
relations, including their role in reporting allegations that are brought to their attention. PREA was
clearly not discussed with the volunteers. When speaking with them they did not know what
PREA was and report they had never heard of it.

"Thi,I' Teelll/iI'ui ;I,s ~istance llNiFit\' Pmj(-'(" # 12P II.U 1i~IlIl1ded hy rhe Prison,l Dil'isioll u/ the National ff1lrifllTe or
Corrections, US, Dl'/lO/'IIlIenr o(.hulice, Points orl'iew or ol'iniom expressed in tIll! 7f>l'ltllir'lll ..1 Hil'fll/1('(-' /'I'part'ure
/Iwre {If'lhe lIurhors und do fl,iI r"present rhe olficial opiniol/ orl'tJlit'ie,1 of Ihe u.s, f)"pal'(IIff'n1 (JlJI/.~/iee, "

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It appears the Warden and/or Deputy Warden had a meeting with volunteers and external
partners to discuss a do's and don'ts list at the facility. Although the list used was consistent, the
delivery method and components on the list were different.

Opportunities
Departmental leadership is encouraged to continue their efforts to recruit women staff. They may
consider evaluating options such as recruitment incentives to attract more women to the facility.
Incentives such as a monetary stipend or acquiring a commitment to be assigned for a
designated period of time (1-2 years with a commitment to be reassigned at the completion of
their assignment) might be considered and should be evaluated by legal to determine feasibility.
Other states have addressed this same concern and there may be some value in seeking other
alternatives by requesting technical assistance from the NIC Infonnation Center,.to research what
6ther st'ateshave done.
.
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ADOC should consider requesting additional technical assistance from NIC to institutionalize
training in gender sensitivity and effective operational practices for working with women offenders
for staff. This could be done either through additional direct training for staff or to provide T-4-T to
institution trainers. In addition ADOC may want to apply the send a team to the upcoming NIC
program entitled Women Offenders: Agency-Wide Approach, which is geared for departmental
leaders and those in policy developmentlinfluencing positions. Programming for female offenders
has been historically neglected within state correctional facilities. Improving the quality of
management in this area often has a positive effect on the issue of inmate staff relations and
contributes significantly to lessening incidents of staff sexual misconduct in facilities housing
female offenders.
It appears the volunteer base and extemal partners are willing to attend training and be taught
about security, PREA, gender responsiveness and other areas identified as imperative to a
healthy prison environment. Therefore it is the perfect time to create a training curriculum and
protocols to specifically address the volunteer community and external partners.

Domain 6:
CULTURE
Factors Considered: The facility is physically safe for women offenders and staff; the
facility is psychologically safe for women offenders and staff; Women offenders have multiple
ways of reporting all concems and fonns of emotionaVpsychological, physical abuse and sexual
abuse; Women offenders are involved in program decisions; the staff, offender and staff/offender
culture reflect gender-responsive prinCiples and practices.

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Strengths
The inmate population is amenable and ready for a changel
The subordinate staff members are amenable and ready for a changel
The EducationaWocational component of the facility appears to be a positive entity and popular
with the offenders, who view it as one of the best ways to improve themselves and move towards
gainful employment and successful re-entry into the community.

" filiI' fec/lllicul A~ ';.I/<JI1Ce tld;r;l.\' Projl"(·T # 12P I031;s!unded by Ihe Prison! Dh';I'iOIl or Ihe NaTiunal In.llill/l,> of
CmYTTiol7s. US. DI'{lGrTlIlent of.lu.lli("e. Puintf <if rjew or o/,iniom ('-,pre.lsed il1 !ill' Tecilllit'<J1 A\·.HHancl" /'I'POrT
1!1lI'" o( Ihe ill/Thors <llId Jo IItll repr/'Wni rhe oOirial ol'lI1io/1 or!,olicies of Ihe
l.>eparT/II('/l/ of Juslice . ..

u.s.

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20
The consultants inquired as to the availability of an Employee Assistance program (EAP) program
and were advised that such a program does exist, but they received varying descriptions about
how employees are advised about the availability of services. Contact with headquarters
revealed that there is a viable EAP program and if any staff needs assistance they can contact
Behavioral Health Systems via a toll free number or their website.
Consultants received a copy of The Alabama DOC Inmate Handbook, published by the
Research, Monitoring, and Evaluation Unit, and dated 2003. This publication is intended to be a
guide to all inmates about rules that govem their behavior and sanctions during their stay in
prison.

Challenges

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It is obvious that women offenders are not involved in many significant programming activities
outside of school. Their biggest complaint is that programming has been severely cut back and
entrance into programming is very difficult. Although the Education program is viewed positively,
inmates claim, and staff support the fact that there are insufficient classes available to support the
needs of the population. For example, the inmates say a significant number of them are illiterate
and could benefit from Adult Basic Education (ABE) classes in order to reach a grade point level
for entry into some of the vocational programs. Based on classification decisions and the
institution criteria for placement in Education there appears to be competition for the same
inmates for inside work opportunities, and the institution has the final say. Representatives from
the Education Department say they do not routinely participate as a part of the facility
management team meetings and mostly get involved with institution management when a
problem arises .
They advise that if the institution wanted additional ABE classes, for example they could pursue
funding, even if the classes had to be held within the confines of the institution. However, this
would require the institution to agree to make space within the facility. There appears to be
miscommunication between the two entities and time did not permit a full exploration of where the
breakdown lies. However, the facility and Education goals should not be mutually exclusive when
it comes to inmate programming and therefore could benefit from better problem solving and
communication .
Some of the inmates and support staff indicated that they do not feel physically or sexually safe in
this facility. Some of the new showers that were constructed have three showerheads together.
Women are forced to shower shoulder to shoulder in full view of an elevated officer's station, with
no privacy dividers. Inmates reported that when women are showering, male staff sit in the
elevated officer's station observing them. They also noted that they are not given· tampons,
therefore, when they are showering together women menstruating will leak onto the shower floor,
creating a sanitationlhealth issue for other inmates.
The facility culture is also not psychologically safe for women offenders. The women and staff
report that Tutwiler is a repressive and intimidating environment. Inmates reported being in fear of
retaliation from staff if they reject staff's sexual advances. Additionally, they report that they feel
that they cannot bring their complaints to the administration, as they will be locked down if they
annoy or anger some administrators and staff. Here again, Consultants were not able to
specifically verify these claims, but note that they were heard across several interviews •
It is important to note that Consultants selected the inmates for the focus groups randomly from
the daily roster of names provided by the facility staff. The inmates were not told why they were
coming to the group beforehand, but rather found out once the group commenced. They were
offered an opportunity to opt out and several did stating" we do not want to be involved for fear of
retaliation on the part of staff". They were allowed to leave. Consultants have conducted many
·'TiIi~

Tee/mil'ul A.Hi.llance acrivit)., Pr(~;e('t # I :'PI03Iis/lindeti by the Prisons DiI'i~ion ofrhL' Natiul/al Institll1l' of
Corr{'('tions, us. DeparTment of JU.Hice. Points of\'iew or (J{'inions eXl'reBl'd in the rechnil'ul A 1,Iista11Ce reporr are
l/zose of tile aI/TirOl'S and Jo Ilot represent rhe oljicial opinion or policies
tile U.S, [)epartment of iI/stice, ..

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focus groups and rarely do we find inmates that verbalize an unwillingness to speak. The
inmates that remained in the group were asked about the "fear of retaliation". They responded
that they felt they had nothing to lose, as conditions were so bad that they were willing to take a
chance that something they might say could shed some light on the conditions they have been
experiencing .
Women offenders can report sexual abuse via using # 77 on their phones located within the units.
The administrative staff indicated that when a complaint is made against staff, the staff member is
immediately moved out of the facility. The inmates and support staff on the other hand notes that
when inmates lodge a complaint, they are placed in segregation and the staff are left on their
post. So there appears to be conflicting perceptions about the process .
Consultants asked whether or not notices regarding EAP were posted throughout the institution
for staff infonnation and were provided conflicting information. Institution staff had to contact
headquarters for clarification. Staff was unable to locate any posters during our tour. In
discussing the EAP program in the focus groups, there appeared to being varying degrees of
knowledge about the program availability and services offered. Few employees stated they had
ever used the program or knew employees who had. Due to time constraints, the consultants
were not able to review any EAP statistics on utilization.
It is generally acknowledged that employees come to the work place with personal and emotional
concerns of their own. Many staff currently being hired by ADOC are young and some lack
significant work experience. The lack of training about professional boundaries and the stress
associated with working in a prison environment serve to create fertile ground for staff problems
on the job. Focus groups discussions also point to a concem about the lack of caring expressed
by their supervisors. The absence of support from their peers or caring they feel from supervisors
exacerbates the problem and could contribute to staff vulnerability with the inmate population.
The inmate handbook is not provided to all inmates, but rather is referenced during their
orientation. By policy, a copy is to be placed in the inmate law library, and in facilities not having
a law library, a copy of the handbook is to be placed in the office of the shift commander/director
or in a place (as determined by the Warden/Director which makes the handbook readily available
for inmate use. In discussions with inmates some of them stated they had never seen the inmate
handbook nor did they have regular access the library due to limited space. Inmates also
reported that Departmental Policies (SOP's) were not available to them. It should be noted that
departmental staff report that copies of the non-confidential SOP's should be available in the
library on the computer. This information was brought to light on the last day of the assessment
and therefore, Consultants were not able to verify if the required material was, in fact, available in
the inmate library.
The mandatory directive to have EVERY female offender cut her hair and fingemails upon entry
reinforces the lack of gender responsiveness. It also proves to be dehumanizing and with no
obvious penalogical purpose other than humiliation. The inmates wearing white uniforms that are
or appear to be "dingy and dirty" everyday reinforces a poor self-image and self-esteem; and is
not consistent with gender responsive practices. It also gives the appearance of non-adherence
to sanitation and community health standards.
The removal of dresses, knitting/crotchet materials and programs reinforces a lack of attention to
gender appropriate options within the prison.

Opportunities
Although ADOC staff describe that an EAP program is in place, it is recommended that the ADOC
review_the current Employee Assistance Program with a goal to determine its effectiveness.
Additional effort should be made to make information about the program available to employees.
"T";~ Tec/lllical AHi.1 ttlnce aClivilv I'roit:ct # 12PIO.? lis funded by ihe Prisons Dit·i.riOl/ o/"lhe !lilt/iulla/ In,lI/lIl<' of
Correl"liom. us. 1J1·I"H"I/.~nl Or;llSlic~. P()illt.~ "{l'lew or (lpini,~ns l·xl'l'e.\.\ed in lIlt' rl'cimic'al AI'I·il/Uf1(·e reI'Of!"41'('
iI/Ove of rhe I.IwIWf\· anti Jo 1101 I'l'preS<!111 tile fI[1ir;a/ Ol)in;oll (II' policies (If Ihe (!.S. LJepal'//ltenl ofJl/.\li( ·e. "

22

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Steps should be taken to insure that supervisors make proper referrals when they observe red
flags in employee conduct that could signal personal problems, and which if left unchecked, could
lead to staff vulnerability. A periodic confidence check of the system should be conducted to
determine if staff are accessing the services, and if not, why not. Identification of barriers and
program adjustments may be required on an ongoing basis.
Staff reports to use of an inmate forum, with representatives from each unit, to inmate discuss
issues of concem. While this process may be in place, it is not codified in policy and there are no
formal records. ADCO should consider adopting a more formal inmate staff communication forum
with specific guidelines that could be evaluated after the fact should issues of concern arise.
Steps should be taken to ensure that the inmate handbook is up to date and reflects the most
current information available. This material should be made available to inmates so that they are
aware of the standards to which they will be held accountable. The same is lrus'"of the SOP's.Facility staff should ensure that the non-confidential poliCies are available in the law library.
>

Domain 7:
OFFENDER MANAGEMENT (SANCTIONS, DISCIPLINE)
Factors Considered: Formal procedures exist that allow staff to proactively motivate
women offenders; Clear mechanisms exist to support women offenders who are struggling;
Sanctions and disciplinary actions and all response to unsafe women offender behaviors reflect
gender-responsive principles and practices.

Strengths
Inmates receive an orientation when they arrive at the facility. An orientation checklist is provided.
An inmate forum is held periodically with the warden and inmate representatives from each unit to
discuss issues of concern. Inmates can submit issues in advance of the meeting.
Some limited self-help programs are provided to address inmate needs.
There are a number of religious volunteers who provide support and guidance to the inmate
population.
There is written policy with respect to the disciplinary process.
There is an Institution Liaison that is responsible for overseeing three of the four women's
prisons.

Challenges
Inmates have no trust or confidence in the grievance or the DR appeal process. There were
multiple reports from staff and inmates that offenders were placed in segregation without due
process simply because they annoyed or irritated someone in the administration. There is also a
perception that offenders are placed in segregation for making PREA complaints. Although I did
not conduct a full review of the disciplinary process, inmates noted that disciplinary regulations
have changed and they have not been made aware of those changes; yet, they are being held
accountable for those new rules. Inmates do not feel that the disciplinary process is fair and there
are no mechanisms to help them follow rules but rather to catch them doing something wrong.
.. Flri\' [('e/tlli('ul A.n'i.lfam·e actiFir" Proie(" # 12P 1031 is funded by the Pdrons Dil'isioll oltlw Natiol/alln~/illl1e of
CorreNiol7s, u.s, [)epartl/lt'lIlo(.Il1ltice, 1',,;nH of I'iew or ol'inions ,'xl'res,\l!cI in Ihe tee/micul AS,I'; HI1IU'e /'''''o/'/ ure
rhose (~"'Ihl' uUlhors alUi do 1101 l'eprel'l'I1lllJe n/./kia/ opinioll "I'I'olicies of lilt, U.S, Ot'IJ(/I'/II/Cnl of .Il1slice, "

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Opportunities
ADC should evaluate the disciplinary procedures to ensure they are in line with departmental
policies and provide due process for the oHenders. In addition, staH that violates the process
should be held accountable •
ADOC should explore the feasibility of placing all of the facilities housing women under one
Institutional Coordinator to ensure consistencyLn opE~rations and to facilitate the movement of
inmates betWeen the facilities.
'

DOMAIN 8:
ASSESSMENT/CLASSIFICATION The facility's risk/needs/strengths
assessment is gender-responsive.

Factor Considered: Women oHenders are assessed to identify those who exhibit predatory
behavior a show vulnerability to aggressive sexual behavior; the facility's risk/needs/strengths
assessment is gender-responsive; management
Strengths
The Classification Director has a clear grasp of the Classification Manual and follows the
guidelines set.

Challenges
The staH expressed concern that the management micromanaged them in terms of addressing
inmate complaints. The standard is that the management will "tell" the classification staH what
they are "going" to do to address the inmate's complaint. The staH express that many times if
they were given the room to address the issues, they could do so without having to re-address
the issue at a later date (which they report they are often doing now in this system of
micromanagement) .
Although the process of interviewing the inmate includes questions related to sexual abuse,
sexual vulnerability, sexual aggressiveness, predatory behavior andlor sexual oHences, the
answers have no bearing on housing, program recommendation or outpatient mental health
treatment. The overall risk needs assessment tool has no true purpose at the facility since other
entities determine what is appropriate for the inmate (housing, program participation, mental
health, etc.)
The facility can house inmates that are as young as 16 years old. The classification process
does not change for this population and there are no special considerations given to youth
offenders as it relates to housing, education, treatment or program structure.

'"T!tis fl.'chniclJl AHi,ltann! actil'itJ' Pr(~ier't # 12P !O3! is(itl1tied by Ihe Pril'lJnl DiI'i,'ion 0/ rhe /l/atiollallnSlilllft' of
Corrections, U.S, Dr'paWI/I'III of.lu,lIice, Points of\'iew oropinion.5 expressed inlhe Technical :h.l'il'IWl('e 1('f1orl ure
illme oflhe 1,/lIIIIOn <1111.1 do lIor represent lite official opinion or policies n/illI! US, Department of.JII.I'/ice,"

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The classification process identifies an inmate in close custody as an inmate who MUST be
housed in segregation. Although behavior can place the inmate in segregation, ALL inmates
classified as close custody MUST be housed in segregation .
There is a 45 - 50% over ride in custody levels primarily due to the close custody assessment
process .

Opportunities
The classification section appears willing to adhere to all guidelines given. Training would be well
received in this area
, .

DOMAIN 9:
CASEITRANSITIONAL PLANNING

Factors Considered: The facility's caseltransition plan instruments are comprehensive,
addressing both gender-specific and gender-neutral need areas; in the continuity to community
supervision, there is an effort to ensure continuity in case planning and information sharing;
Women offenders are actively involved in the case management process .
Note: Time did not permit exploration of this domain. However, Consultants did observe that
there are very few case managers in the facility. Each one of the case manages noted that they
have over 200 inmates on their caseload. From what I could gather very little is done to do case
management and the case managers spend little to no time with the inmates •

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DOMAIN 10:
RESEARCH BASED PROGRAM AREAS

Factors Considered: Services (DOC or Contractual) manage women's health needs in
a gender-responsive manner; Services manage women's mental health needs in a genderresponsive manner.
Strengths
There are vocational training classes offered .
Visitation does occur for the inmate population .
There are some self-help classes offered to the population .
Mental Health Services offers a Residential and outpatient program .
There is a Substance Abuse program on site that was originally designed for women offenders •

Challenges

.. this fel /1II;I'ul A ni.1 lullce uCli!";t)' Pro;c!'! # Ill' /03/ ;J(ltnded hy the Prisons O;l'i.l;o/l '~f fhe Natiol1al/n.llifIlTe of

u.s,

Corr('('TiollS,
DI'{),:J/"TlIlf'llt o(.Iu.llice. Points o(riew or (Jl'inions expres.I{'d in Ihe [l.'c/1I1i('(1I.4 l·sil"lt1/lct? report ure
Ilwst' o( {he UlI/flclrI anti do 1I0r l"epresl'nt Ihe oiJh'ial O/lillioll or I'o/ieies (~r Ihe U.S. Deparrment o(.Il1slice . ..

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The vocational programs at the facility are very popular with the inmates and educational staff is
very passionate about working with the inmate population. There are traditional vocational
programs such as cosmetology but there are also some non-traditional vocational programs such
as welding. The biggest problem noted is that there are not enough programs for the vast number
of inmates in this facility and some require a certain level of academic achievement as a
prerequisite .
There does not appear to be programs and/or self-help groups that address traumatic concerns .
The underdevelopment of the self-help program structure through mental health, religious
services andlor the classification system has led to a culture that does not emphasize inmate
personal safety, psychological well ness or emotional wellness. Specifically, menta.l h~alth_
'.
outpatient services only provides 3 group sessions per day (4 hours in length) with a maximum of
19 participants. Within the prison setting, this structure does not maximize a variety of programs
to be offered; is not conducive to serving the more than 900 women at the facility; is not designed
for maximum affect because the 4 hour structure is not a best practice model (50 minute - 1hour
group sessions are widely accepted in the mental health field). Finally, the mental health
practitioners expressed great concem with their program structure, participation number and
office allocation being based solely on the facility management team's desire and not based on
acceptable practice guidelines or confidentiality.
Staff reports that the Substance Abuse program abandoned the program designed that was
gender specific and is now using the state approved program .
There is no written test to evaluate substance abuse programming needs.
The Substance Abuse program operates under the premise that all interactions between inmates
and counselors are confidential but that is not completely true, because the management (all
levels) can see any and all documents if requested. Also, this information does not fall under
HIPPA guidelines.
The Substance Abuse Manager is not invited to the Warden'S meeting or any other staff meeting
with other disciplines.
The Substance Abuse staff agreed that they felt if "they had a problem" they were viewed as the
problem by management.

Opportunities
The staff in all of these areas is eager to learn and appear to be willing to receive training in any
and all aspects that will assist in the improvement of inmate programming (employmenVeducation
skills and coping) .

DOMAIN 11: SERVICES
Factors Considered: Services manage women's mental health needs in a genderresponsive manner; Transportation attends to women's medical and trauma issues, Food
services account for women's unique nutritional and caloric needs
Strengths

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"TII; ~ Tee/lII il'tI I ,b I'is/tlnee adil'it\' Projen # 121' 1031 is(undeci by the P/'i~ons Dil'i ~ioll o{the NatirJllal/n.l/illlle of
Corrections. US. Ol'f'aI'fIII<'I1/ o(.Iu.llice, Pllintl' o(I'iew or opinions I!xl'/'eued in Iht' Fec:/mi('wA \'sil'Tan('e 1'l'[101'1 tire
II/()~e III the /111/liors and cio /lOf I'I'fJI l' H'flI lire o(/icial opinion (I/' policies (llihe US. /Jeparllllt"fli (l.JlIs/ice, ..

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There are designated Mental Health and Medical services (both are primarily contract).
There is a law library on site.

Challenges
Because the facility is under construction the medical unit is being used as a thoroughfare for
staff and inmates accessing the counseling area and the business office. It therefore negates
privacy issues in the medical unit and creates an environment that is not conducive to treatment.
Inmates also had numerous complaints about medical services at facility.
The most modern part of the facility is the mental health unit. It has a custody staff assigned to
the units and one to the units control center. This unit has the only internal operable cameras in
the facility. Although the unit had eight cameras, at the time of our visit, only seven of them were
observable on the monitors .
The menus for the food services department are reportedly generated from a central dietary
service that makes no allowances for women's unique nutritional and caloric needs.
Inmates noted that food service is an area of contention. They noted that they are given less than
ten minutes to consume their meal and that staff start to yell at them to finish within moments of
entering the dining area. Many finish their meals while walking to the trash receptacles to empty
their trays while on their way out of the dining hall. The capacity of the single dining hall is not of
sufficient size to accommodate the current population level having reasonable time for meal
consumption.
The Administration states that often inmates are transferred to the facility from other facilities for
medical treatment, but their medical files are not transferred with them. Treatment, they say is
sometimes delayed because there is poor or no communication about the basis for the transfer. A
case in point occurred during our visit where the mother of an inmate called to inquire about a
serious medical procedure that her daughter needed and questioned why it had not already been
accomplished. In checking, although the patient had arrived at the facility, the necessity for the
transfer and emergent need for the procedure had not been clearly communicated.
There is no open forum for discussion as it'relates to the treatment of patients and how that
treatment can co-exist with the Correctional staff and protocols.
Mental Health staff report the management of the facility is "in everything" which impedes the
treatment of the patient.
The staff's clinical expertise cannot stand up to the management's paint of view. Both medical
and mental health staff report they are questioned repeatedly as to why they are seeing certain
inmates. No relevance is given to the FACT that the inmate in question is a patient and has the
right of confidentiality. This lack of confidence may result in a delay in diagnosis which may result
in an unnecessary increase of morbidity and mortality. Management reacts by "forbidding" you
from seeing the patient in an area other than where they said you could. They report that this
attitude by the management is "ignorant and reflects a lack of education about their fields".
Neither medical nor mental health staff truly understands PREA. They expressed that it was over
reported because it is many times consensual. However, they did state that when an inmate is
"truly offended" they would report if it was reported to them; but the inmates did not report it out of
fear for retaliation. They have accepted that they must report it and that is ALL they have to do.
They expressed no concern of the actions taken or actions not taken.

"/'llil fe('/tl/i('ul A,lli,\,tunce a('/il'ity Project # 12Pfll3 fis/llnded hy the Pr;wns DiI'ilioll ofth., Natiollal In,I/;IIII<> of
Corrt.'('lions,
Dl'{lumlll'nt (~f.lu,ltir'e, Pliil1l~ o{ I'iel<' or <'I'inionr expressed in Ihe Fechmcuf A ~.\'Htance /'l'f1ort tire
11t(/~e "f' Ihe alli/tors anti Jo lUll represent Ille (J({i('ia/ opinioll (Jr policies of Ihe US, /)t:p(lI'/lII(ml of Justic£', ..

u.s,

27
When asked about programs or groups to address sexual victimization the mental health staff
reported, "No there weren't any because the inmates are manipulative".

......
......
....

Staff reports the prison is a place of exploitation because the management wants to keep the
facility "closed" and contain the "secretes" within the walls .
Gender specific training has not been provided for medical or mental health staff .
There does not appear to be a Victim Services section or personnel within the facility.
There is not a dietitian associated with the facility. The food menu does not appear to take
gender into consideration .

..
...

.

-

--

~

".,

,,

••
,,
•
•

Opportunities
The medical and mental health staffs who work on site and the representatives from the central
office appear to understand the concerns discussed about PREA, training, gender
responsiveness and self-help programs. They were very positive with the idea of receiving
training in these areas .
There is indication that better protocols and communication between custody and medical/mental
health could improve the delivery of services to the inmate population .
Consultants suggest that the feeding schedule and ability to accommodate adequate time for
consuming meals should be evaluated with the goal of researching reasonable alternatives

VII.

CONCLUSION

The consultants wish to thank the Alabama Department of Corrections for their warm reception
and candid discussions of these critical issues. We found the leadership available, interested and
appropriately concerned about identified problems.
The staff members we experienced at the Tutwiler Women's Prison were professional and caring
and expressed their genuine desire to learn ways to implement standards of professionalism and
quality management of their system in a safe secure manner. The recommendations contained in
this report are intended to be guidelines for reference in assisting the ADOC. TIme did not permit
a full exploration of all of the contributing factors. Therefore, this information should be utilized as
one segment of an ongoing evaluation.
The problem of sexual abuse of inmates by prison staff has long been of concem to correctional
administrators, but in the last decade has come to the forefront and gained greater public
attention. Highly publicized incidents have focused the attention of correctional administrators
and those concerned with the criminal justice system on inmate staff relations. NIC has been in
the forefront of identifying best practices and assisting agencies in managing/addressing Staff
sexual MisconducVPREA and Gender -Sensitive issues.
It may seem difficult to understand why staff cannot understand the simple concept "Don't have
sex with inmates·. The reality is that most staff members do understand and would never
jeopardize their professional duties. However, the boundaries between staff and inmates can
become blurred. If, for example staff feel isolated or verbally abused themselves, then they may
become vulnerable to over-identification with inmates. Similarly, inmates do not leave their
emotional needs or needs for the basic comforts of life in the courtroom when they are committed
to prison. Whereas the early training ,for clinical staff such as psychiatrists and social workers
.) I'll

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of' 1';('1<' ot o{'inionl £'.1/'1"1'1 It'd Ill/h., {ethni",iI:\ 11;\1,/11('(' u'II(lJ'/ ul'e
/'('I)I'I'H'llIl/r1' ,'lli"iil! OI>il1i,)// (If' ('lilt, i.'.1 '>/'Ilte (.'.S. /)''(101"111/'''11/ O(I//lli, e. ..

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28
includes discussions of issues surrounding boundaries in working with prisoners, training for
correctional staff typically does not.
Correctional staff is continually in close contact with inmates, but little of their training is neither
gender specific nor focuses on understanding the gender differences of the female offender
population and her needs. Staff and inmate interactions must always be understood in the
context of an environment that is a paramilitary structure with clear roles of custodian and inmate.
While investigations and holding staff accountable are essential aspects of correcting this
problem, it is important to note that the environment created by the factors stated above create
fertile ground for the ongoing presence of this type activity.
The ADOC is encouraged to continue the work of the staff who participated in the NIC Special
Issues program, "Women Offenders: Developing an Agency Plan" and "Investigations of
Staff Sexual Misconduct with InlJlateli'. In adcjition, it is suggested that the department
consider the establishment of an ombudsman position to work with the female offender program
in resolving issues of concems, inclusive of sexual misconduct allegations.
As a result of this review and with the support of the ADOC leadership, the agency is in a good
position to continue to make changes to improve outcomes for their criminal justice involved
women. Consultants note that there have been some resources and staff time from headquarters
devoted to addressing these issues prior the assessment and a commitment made during the exit
briefing to continue to explore improvements.
Despite the numerous conversations in planning this event, the range of materials that were
reviewed, the three days on site touring the facility, and meeting with a wide range of individuals it is difficult to fully appreciate all of the nuances and complexities of the system. There may be
information contained in this report that has already been attended to or perhaps doesn't
accurately reflect the day to day challenges of the particular situation. However, the consultants
hope that this review will provide some guidance to the agency based on identified best practices
and shed some light on areas that warrant further review.
The consultants wish to thank Commissioner Kim Thomas for the opportunity to work with the
Alabama Department of Corrections and for affording us the ability to freely interact with staff as
well as representatives of the incarcerated female offender population.

...•

Should you have any questions or require clarification, please feel free to contact me.

~

......
..•
••
..•
I

SUSAN E. POOLE
Criminal Justice Consultant
(951) 217- 4628

cc:

Evelyn Bush
Correctional Program SpeCialist
National Institute of Corrections

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"Fhil' Tet hnil',,1 ;\,lI'i,l"l"m'e acti!'it)' Proipn # I 2P 1031 i} ./itnded hr fill' Pr;lon,1 /)il'; \fOil u/ the Natiuliulln,llillllt' of
Corr{'('tiOlH,
Dl'{l"rT/IIenf of iU,llief', 1',,;nH O(I';t'W or (ll,jnionf l'xl'I'el.l'ed in fhe [l'chllwal A\\,lI'lance /'I'[10rt ure
I/zO\'{' n/,tile l.//lTh,}n alld Jo I/or rl'pre,lent rite olttrial ol,inio/l fir rolit'ies of r/7e u.s, [)epartment of illsti('e, ..

u.s,

29

Tutwiler Prison for Women: On-Site Agenda
Tuesday, September 26 - Thursday, September 28, 2012
\lVednesday, September 26,2012
Observations and informal interviews will occur throughout the duration of the assessment period.

....
......
......
•

8:15 AM

Arrive at Tutwiler Prison for Women
(Meet with Facility Liaison/Team set up and logistics briefing)

9:00AM

Meet with designated Facility Executive Team (Captains L. Hawthorne,
P. Richie, & D. Wright and Wardens F. AlbrightiK. Jones)
Location - IBM Conference Room

10:00 AM

Facility Tour

11:00 AM

Break (Team check in)

11:15 AM

Interview 1 - Warden - Frank Albright
Interview 2 - Security- Captain Hawthorne
Interview 3 - Classification - Chitema Westry

12:30 PM

Lunch

1:30PM

Focus Group #1 Supervisory staff (cross section)
Location IBM Conference Room

1:30PM

Interview 1 - Medical/Mental Health (Contract Staff)
HSA Marschik (Corizon) and Dr. Butler (MHM)

3:00 PM

Interview 1- Reception/lntake Captain HawthomelLt. Mills
Interview 2 - Human Resources - Ms. L Reeves
Interview 3 - Substance Abuse Program- Angela Villali

4:15 PM

Focus Group #2 - Community Volunteers
Location IBM Conference Room

.
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••
••
••
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•••
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Interview 1-, Chaplain- Alicia Brown

., fhil' 1"l'l"IlIIi("<./1 ,\JI"i,ltwu'e ud/I'ill' Proje(" # 12PI031isfill1ded by the Pri,l'ons Oil'i,lio/l o(the NatiUl/al/n,l'fifure of
Corrections, U.S. Vl'(laf'llllt'nI oj'.Iu.l/ice, Point,l oft'iew or opinions expre,ul'd in the Tl'c/znir'ul AssiHunte !'I'pOrf ure
tilOle
Ihe <1l1flwr.l <l1It1 do /lot rl'prelent rhe "lJicia/ opinion or po/ides of fhe
fJ"P(lI'tIllt'nt o{'Justice. ..

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31

Friday, September 23, 2012
Observations and informal interviews will occur throughout the duration of the assessment period.

8:30AM

Arrive at facility /Staff Briefing

9:30AM

Interview- Annex-Work Release - Captain Ritchie
Interview· Self Help/Inmate Programs - {Dr's Butler &Holmes)
Policy/Document Review (Wardens Albright &Janes)-

,'"

8

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10:45 AM

Team Debrief (IBM Conference Room)

11:00 AM

Focus Group #5- Inmate Discussion Group
Location IBM Conference Room

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Interview - Litigation - Warden Albright & ADOC Legal Division
Attorney TBD

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,
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12:30 PM

Lunch

1:30 PM

Follow-up Interviews as needed
Captain L. Hawthorne
Captain Richie
Captain D. Wright

2:30PM

Team debrief/prepare for Exit Briefing (Chapel)

3:30PM

Exit Briefing with Warden

4:00 Pm

Exit Briefing with Executive Team and designated ADOC staff
(Commissioner K. Thomas, Associate Commissioner J. Deloach, IIC
G. Mosley, lie G. Culliver, Captains L. Hawthorne, P. Richie, D.
Wright, and Wardens F. Albright! K. Jones)

5:30 PM

Depart

•
•

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Tutwiler Prison for Women Focus Group
Summary of Guided Questions Responses

•....
......
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......
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••
••
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-.
••..,

•

Change a lot of staff out (3)

•

Stop the micro management (4)

•

Stop abusing Authority

•

Provide food Vendors for employees

•

Send new employees to training first I Implement training before the staff member reports for duty (4)

•

Provide More staff development training in Professionalism (2)

•

Repair the parking lot/Add another parking lot for employees

•

Get someone who is progressive to run this place

•

Put in place enough classes, programs to actually help the inmates

•

Restructure Administrative staff

•

Make sure all supervisors manage their divisions

•

Empower each Department to make decisions based on their area

•

Respect all of my staff regardless of their work performance

•

Listen and gather the information before making decisions

•

Allow staff to perform their Jobs

•

Continue to stick with Regs (Regulations)

•

Warden's job is hard, continue to treat everyone respectfully

•

Create a more positive environment among your staff

•

No Impulsive decisions

•

Have more activities for staff to boost morale

•

Make more time for the staff, to show appreciation for the work they perform on a daily basis.

•

Eliminate the culture of bullying (4)

•

Make my people feel good

•

Trust employees

•

Don't take inmates over staff

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by

'hll/cal i\.1 li.I/t.lI1ce IJctil'ilv Projn·t # 12P 1031 i.!-fimdet/
the Prisons Di!'ilioll of the NaliuI1a' In.\/illlll' of
Correr·t;oI1S.
Oepamll<'nt ol.lwlice. Poirtt.1
I'in" or (I/,iniorn e.q)/'/',Hecl m the /"1.'e/lI1ical :1 H/llanre FI'fJorl urI'
ihose of Ihe ali/hoI'S <lnd do 11,H I'l'fJ/'esel1llhe (I{/icial OIJiniol1 or I'o/ieie,,· o(lhl' U.S. iJl'pa/'llI1ent (.f JIII·UCI'. "

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APPENDIX

III'

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://11\(' "(I/il' I {lIllion I/Ild do /III/ {'<'IJlI'I!'/11 ,It I' "/l/,;,,I I '/'ill;, 1/1 1'1' I'tJlil'in "f"he
/)t'/HII'III1I'II/ 0(.1111111 1',"

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34

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••

••
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••,
•

Susan E. Poole, Retired Warden
CRIMINAL JUSTICE CONSULTANT
Susan.poole@sbcglobal,net

Ms. Poole is a retired warden and for the past eleven years has worked extensively as a Criminal Justice
Consultant, providing direct services to agencies in the areas of Executive Leadership Development for
Women Staff Sexual Misconduct with InmatesiPREA, Working with Female Offenders, Institution Culture
Assessment, Strategic Planning, and Managing a Multi-Generational Work Force. Appointed to the position
of Warden by the Governor of the state of Califomia in September 1988; Ms. Poole served 13 years at the
California Institution for Women in that capacity. She was the longest tenured warden to serve at a women's
prison in California.
.
I

Ms. Poole's background includes 30 years in the field of Corrections with the Califomia Department of
Corrections (CDC). She began her career as a Teaching Assistant and promoted through the custody
ranks. She served at two correctional institutions and with three divisions in headquarters: Institutions,
Administrative Services, and Manpower Services. Her experience and assignments have included both, a
wide variety of field operations and staff assignments in Correction's headquarters, including Assistant Chief
of Personnel, Classification Staff Representative, Chief of Institution Services, and Assistant Deputy Director
Institutions Division. For the last thirteen years of her career in Corrections she served as Warden of the
California Institution for Women (CIW). CIW is an 1,800 bed correctional facility, which at one point reached
a capacity of 2700 inmates.
Ms. Poole is a member of the American Correctional Association (ACA), the Association of Black
Correctional Workers (ABCW), the Association of Women Executives in Corrections, and the National
Association of Blacks in Criminal Justice. Ms. Poole was selected as one of the Outstanding Young Women
of America for 1983 and partiCipated in the 1995 Leadership Califomia Program. She was Califomia's
nominee for Warden of the Year to the North American Association of Wardens and Superintendents, in
1999. Ms. Poole has received numerous awards and recognition for her work in the community. She has
provided consultant services to the National Institute of Corrections (NIC) and the National Institute of
Justice (NIJ), The Moss Group, The Center for Innovative Public Policy, and Correctional agencies in 40
plus states. She is a featured speaker at many community and academic programs and was selected by
the Who's Who Historical Society as a member of their Intemational Who's Who of Professionals for 2001.
Ms. Poole holds a B. A. in Liberal Studies/Public Service Management from the University of Redlands,
Redlands, Cal~omia. She has· dedicated most of her career to advancing the cause of women and is a
passionate and caring advocate for appropriate gender responsive services for women offenders.

"This Tedlllical A lIi.lfL/nee <i< ·liFin' Projen 1/ 12P 1031 is /ill7tieci hy Ihe P ri wns Vi!';IWIl o/Ihl! ;Vmiol/(Jl/l7s/illltt' of
CorreClion.I'. II.S. Ot'{JL/rl/Ilt'1lI of.lu.I/lce. P"in/I' <I( I';ew or ('{'rnimH l'xl'l'l'.ued in tit" TC'c/lIlf('lIl A I'Sf ~ltll/('e u'{Jor/· elre
r/zme (If Ihe tJlIIhors elnci Jo /lot /"'prelt'll/ rhe oJ.lidal Ol)inioo or I'"licies (ll'the US. /)epal'llllenf of jm/ice . ..

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35

Jeff Shorba, Deputy State Court Administrator
CRIMINAL JUSTICE CONSULTANT

Jeff.shorba@courts.state.mn.us
Jeff Shorba serves as Deputy State Court Administrator for the Minnesota State Supreme Court. He
oversees all daily operations of the state's trial courts, court of appeals and Supreme Court. He is
responsible for supervising division directors in the area of finance, information technology, human
resources, legal services, court services, education and organizational development and facilities
management. The state court system includes 3,500 employees and 300 judges working in ten judicial
districts.
Prior to joining the judicial branch, Mr. Shorba served as Assistant Commissioner for Management Services
and Legal Counsel at the Minnesota Department of Corrections. As Assistant Commissioner, Mr. Shorba
reported to the Commissioner of Corrections and oversaw the departments of: policy and legal services,
finance, information technology and human resources. In addition he supervised personnel coordinating
agency religious services and diversity. He also served as legal advisor to the Minnesota Sentencing
Commission and Secretary to the Minnesota Pardons Board.

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Prior to joining the Minnesota Department of Corrections, Mr. Shorba served for eight years as Associate
General Counsel, U.S. Department of Justice, Federal Bureau of Prisons I Washington, D.C. Mr. Shorba
was in charge of the Legislative and Correctional Issues Branch where he provided legal advice on policy
development, legislative affairs and instttution operational issues. He developed special expertise in the
areas of religious services, sentence computation, emergency preparedness, use of force, treatment
programs, medical services, privatization and death penalty procedures.
From 1989-1991, Mr. Shorba was in private practice in Washington, D.C. at the law firm of Bell, Boyd& Lloyd
his practice focused on litigation and appellate work, primarily in the areas of employment
discrimination, labor law and employee benefits. From 1988 to 1989, he served as law clerk to the Chief
Justice of the Minnesota Supreme Court. Mr. Shorba is a 1988 cum laude graduate of Harvard Law
School. He received his B.A. degree in Political Science, magna cum laude, from Carleton College.
w~ere

Mr. Shorba is vice-chair of the American Correctional Association (ACA) Legal Issues Committee and cochair of the American Bar Association (ABA) Corrections and Sentencing Committee. He has conducted
training at numerous national conferences and seminars including those sponsored by the ACA, ABA,
National Inst~ute of Corrections, Federal Bar Association and the Federal Judicial Center. He has also
served as an adjunct professor at the School of Public Affairs at the American University in Washington,
D.C.

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....

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36

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Dave Marcial
Criminal Justice Consultant
Dmarc55@sbcglobal.net
David Marcial is an independent criminal justice consultant who has worked as a Senior Associate with the
Criminal Justice Institute, Inc. (CJI) and the Association of State Correctional Administrators (ASCA). As a
Senior Associate, Mr. Marcial was been involved with a variety of collaborative initiatives between CJI and
ASCA and the Bureau of Justice Assistance (8JA). He has worked on a national clearinghouse of grant and
policy-related information that provides sole source of information for correctional jurisdictions and an
initiative that focuses on the implementation of national performance standards for the field of corrections
(PBMS).

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As a national consultant, Mr. Marcial has worked with the National Institute of Corrections as a subject
matter expert in the areas of operational practices and gender-responsive programming in women's prisons,
as well as in policy review and development, security auditing, Management of High Risk Offenders, Gang
Monitoring and Management and staff training. He has worked with the Moss group on the Prisoner Rape
and Elimination Act (PREA)-related initiatives in male and female adult and juvenile systems.
Through NIC he has served as a policy consultant reviewing existing policies and practices, recommending
initiatives for streamlining and improvement. He also served as a policy and security consultant for the
Connecticut Juvenile Training School reviewing, developing and augmenting policies and designing systems
for quality assurance and quality improvement.
Mr. Marcial has an extensive background in correctional operations and management, having worked in a
variety of positions for the Connecticut Department of Correction over his twenty-six year career. He retired
from the department in 2003, after having served as a warden for eleven years.
Beginning his career in 1974, Mr. Marcial worked with both male and female pre-trial detainees with
identified mental health disorders, pending competency evaluations. He later worked for the Connecticut
Department of Correction, rising up through the custody ranks, holding the pOSitions of Correctional Officer,
Lieutenant, Captain, and Major, as well as prominent roles with investigations (internal affairs) and
developing gang intervention initiatives. He also served as a Regional Director for the state, overseeing the
operation of six correctional facilities.
Mr. Marcial has considerable knowledge and experience in organizational culture assessment in jails and
prisons. He has been trained in the application of the assessment protocols and has successfully applied
assessment protocols in a variety of correctional settings. He has worked with institutional staff and
leadership to develop and support successful organizational change strategies.
Mr. Marcial is a member of the American Correctional Association and previously served on the Board of
Directors for the Middle Atlantic States Correctional Association (MASCA). He is a Past President of the
Board of Directors for Centro de la Comunidad, a Hispanic / Latino social service agency in Connecticut,
and served on the Board of the Connecticut Hispanic Association of State Employees (CHASE). He holds
an Associate of Science degree in Criminal Justice, a Bachelor of Science degree in Human Services, and a
Master's degree in Organizational Management. He is also bi-lingual and bi-literate.

.. I Iii \ f(', !tllil'ul \ \ \ ill, III('C

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:II(iI,' ,,/' Ihi' II/II hOI \' lIl/t/ do IUil 1', IJ),l'w/1/lite II!/tl'i{/I "I'il1llll/ 01' /'0;;";'" ('(Ihe (I.S. l.>t'l'{/I'/II/('II! of.!{(\li, {' ...
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37

Bianca N. Harris, Warden
North Carolina Correctional Institution for Women
Bianca.Harris@ncdps.gov

Bianca N. Harris is the Warden of the North Carolina Correctional Institution for Women (NCCIW)
in Raleigh, North Carolina. NCCIW, which is the major facility for female offenders in North
Carolina, houses up to 1,465 inmates and covers a total of 35 acres within its perimeter. It has an
average daily population of 1,300 offenders. In addition to the inmate population, Ms. Harris
manages more than 800 employees, which includes officers, first-line supervisors, mid-level
managers, and executive-level managers in human resources, accounting, medical, mental health,
custody and security, programs, and maintenance.
NCCIW is also the diagnostic center that serves as the point of entry into the prison system for all
women sentenced as felons.
Ms. Harris has almost 20 years of correctional experience, beginning her career in 1993 as a
Correctional Officer. She has also held the positions of Sergeant, Lieutenant, Captain, Deputy
Warden, ACA Accreditation Manager, Gang Unn Supervisor and Intemal Affairs Manager.
Ms. Harris joined the Department of Correction shortly after her graduation from the University of
North Carolina at Chapel Hill with a as degree in the Administration of Criminal Justice. She has
an educational and professional expertise in juvenile and female justice issues and evidence based
practices that focus on the female offender. Due to her extensive knowledge she has participated
in various audns, consulting and frequently speaks to youth groups, professional organizations, law
enforcement and justice agencies.

'-rhi~ Fet/Illica! A .His/ance a< 'lirlt\' Projf:C/

# 12P 1031 is (unded bv Ihi' Prisons Dh'isio/l ,,(the NatilJl1alln.llill/lt' of
Currer'lions,
Departlllent of.iu.lti('~. P"ints o(I'iew'or opllli,;ns ex/,rel·.led in the fee/1I1icul ASI'iSlu/1ce report' urI'
r/z<He (If rhe tJllfhors Lmtl Jo litH l'l'jlr£'5ellt rhe official opinioll or I'0licies oj'/he
Departlllent of 1mtiel'. ..

u.s.

u.s.

NIC Briefing Points

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Staffing Shortage
Isolated areas with no supervision
Staff turnovers
Camera system needed
Inmate idleness
Staff/inmate communications lack of respect
Lack of grievance procedure
Policies, procedures and directives should be explained to staff and inmates
Inmate access to SOP's and Regulations in library
Postord~rs need to be updated
Need for shift briefings
Climate of "fear" where inmates and staff are afraid to voice complaints
Newsletter contents should be less threatening and more informative
Storage space limitations for inmate personal property
Requirement for female inmates to keep hair cut to a certain length
Cleanliness and sanitation of the institution, age of facility
PREA (improve communication between 1&1 and Warden, immediately refer all allegations of
staff sexual misconduct to 1&1, formulate process to insure that inmates are aware of PREA
reporting procedure.)
Review criteria for educational programs
Library -lack of general reading materials
Recruitment of female officers
Leadership training programs for staff
Showers at the annex are too close together
Strip searches of inmates in groups (Trade school and Factory)
Increase frequency of orientation of newly arriving inmates - currently held once per week
Shower water pressure (energy efficiency)
Minutes should be kept of dorm representatives meetings
No handbook or rulebook available
Need areas for relaxation
Need for a literacy program
Mental health groups -length of group meetings too long. Should be changed from 4 hours in
length to 50 minutes to an hour in length. This could possible allow more inmates time to
participate.

 

 

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