Keynote address.

• Position: Conditions of Confinement Colloquium - Speech

It has been my experience that most people's perception of prison confinement is based on either a negative personal encounter with a prison or offender, or in the case of too many, a lack of personal contact with prisons and offenders. And that is no surprise; given the history of where prisons were most often built--away from family, friends, and the communities from which the offender came--the notion "out of sight, out of mind" seems appropriate.

For me, having spent a career working in corrections, conditions of prison confinement are as numerous as they are complex. First and foremost, confinement, by definition, means the loss of freedom and privacy. Many people may think they can relate to that idea, but few get to fully understand it on an emotional level. The loss of freedom and privacy in prison is not like it is in the military, where everyone is more or less equal and there is a common goal. While some give the orders and there are consequences for failing to follow them, there is no pervasive "us versus them" atmosphere.

No one is in prison voluntarily. For the inmates, the only real common goal is to do your time and stay out of trouble. More than one in seven inmates has mental health issues, and many more have histories of drug abuse and gang affiliation, learning disabilities, and few job skills. While inmates try to adjust to being in prison, correction officers are watching everyone twenty-four hours a day, seven days a week, in a unique setting.

Prisons exist in an a-normal environment. Notice, I did not say ab-normal. There is a difference: by their very nature, prisons are oppressive and, more often than not, unfeeling. They are also often lonely places because of a disconnect between the offenders and their families and friends that leads to feelings of isolation. For others, being sent to prison carries a degree of shame, especially if they leave a loved one who must now carry on alone.

Some will argue that the manner in which prisons are run makes it difficult for prisoners to be rehabilitated and for outsiders to assist them in dealing with their rights, their needs, and their family and community relationships. That is only partially true. All the stakeholders--the prisoners, the staff, and outsiders--help and hinder the process at times because each brings competing belief systems, goals, and perceptions. Add to that attitudes of mistrust among the groups and conflict is inevitable.

Take the undisputed issue of prisoners' constitutional rights. While inmates lose the right to vote, they do not lose the right to seek redress of real or perceived grievances, the right to file lawsuits, or access to the courts. But how an offender goes about exercising those rights can create problems. Staff often resent a prisoner's right to file a grievance against them. Prison administrations resent having to defend their policies in a court of law. Lawyers expect access to their clients and the quick resolution of issues brought to the attention of the prison administration either directly or through the courts.

Litigation often focuses on the big picture: religious freedom, medical treatment, the use of force by staff, program availability, and the like. These issues generally stem from disagreements between offenders and prison administrations that are taken up by outside groups. Sometimes, however, each side forgets about the individual. The fight instead becomes who will win rather than how to resolve the problem in the best interest of all the parties.

How then do we improve conditions of confinement? We should...