Section 6.1: Jails

Jails have been around for a long time, and the roots of American jails go back to the “gaols” of feudal England. Sheriffs operated these early jails, and they were primarily used to hold accused persons awaiting trial. This concept was brought over to the Colonies, and the purpose remained the same.

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However, in the 1800s, jails began to change in response to the penitentiary movement. Their function was extended to include housing those convicted of minor offenses and sentenced to short terms of incarceration.  This was especially relevant as other, harsher penalties, such as corporal punishment, were deemed unconstitutional. They were also used to hold the mentally ill and vagrants. However, the development of state hospitals and the advent of a separate juvenile justice system helped to alleviate the burden of taking care of these later categories.

Today, jails play an essential role in the criminal justice system, and they are a crucial component of local criminal justice systems. They serve the purpose of secure detention at various points in the criminal justice process. Jails work with several law enforcement agencies in the community, including local law enforcement, state police, wildlife conservation officers, and federal authorities.

They respond to many needs in the criminal justice system and play an integral role within every tier of American criminal justice. However, it is a tough business to run a jail, which a county sheriff usually undertakes. Often, much of the Sheriff’s authority is delegated to a jail administrator.

Running a jail is a complicated task because jails serve a diverse population. Unlike prisons, where inmate populations are somewhat homogenous, jails hold vastly different individuals. Jails hold both men and women, children and adults.

Most state prisoners are serious offenders, whereas jails hold both serious and minor offenders who may be vulnerable to predatory criminals. Those suffering from mental illness, alcoholism, and drug addiction often find themselves in jail. Jail staff must accomplish two critical functions, which are Intake and Custody, in this environment.

Booking and Intake

The booking and intake function of jails is a fundamental process that plays a vital role in ensuring public safety. This process involves bringing individuals who are arrested or detained into jail and registering them into the system. It is important to note that this function takes place in a secure environment, which ensures that potentially dangerous individuals are contained and assessed before being released into the general population.

During the booking process, jail staff will collect important information about the individual, such as their name, address, and date of birth. They will also conduct a search for any outstanding warrants and perform a criminal background check to identify any potential risks to the safety of the jail and the public. The purpose of this check is to ensure that the individual has not committed any previous crimes or that they do not pose a risk to themselves or others.

In addition, medical and mental health screenings are conducted during the intake process. This is a crucial step that helps identify any medical or mental health issues that require immediate attention. Jail staff will assess the individual’s current physical and mental state, identify any pre-existing medical conditions, and provide any necessary medical treatment. In some cases, individuals may need to be transferred to a medical facility for further evaluation and treatment.

The purpose of these assessments is to ensure that individuals receive appropriate care while in custody and that they do not pose a threat to themselves or others. In some cases, individuals may require medication or additional support to manage their medical or mental health conditions. By providing necessary treatment and support, jails can help ensure that individuals receive the care they need while in custody.

🔍 Reflect

How does the booking and intake process in jails contribute to public safety and the well-being of detainees, and what are the potential challenges in ensuring thorough and fair assessments?

Custody

The second critical function of jails is custody. In other words, jails are designed to hold individuals who are deprived of their liberty for various reasons. The two most common reasons for detention in jails are pretrial detention and punishment.

Pretrial detention refers to individuals who are being held in custody while they await trial. They may have been arrested and charged with a crime but have not yet been found guilty or innocent. Pretrial detention is a necessary measure to ensure that individuals show up for their court hearings and that they do not pose a risk to public safety.

Punishment is another reason for custody in jails. Individuals who have been found guilty of a crime may be sentenced to a term of incarceration in jail. This punishment serves as a consequence of their actions and as a deterrent to others who may consider committing similar crimes.

During their time in custody, individuals may be housed in a cell, which is a confined space designed to keep them separated from the rest of the jail population. Jail staff will closely monitor the individual’s behavior and conduct regular checks to ensure that they are safe and secure.

It is important to note that custody in jail is not meant to be a pleasant experience. It is a punishment that individuals must endure as a consequence of their actions. However, it is essential that individuals are treated with respect and dignity while in custody. This includes providing them with appropriate medical and mental health care, access to legal resources, and basic necessities such as food, water, and shelter.

Pretrial Detention 

Modern jails serve many important functions, one of which is pretrial detention. Pretrial detention is when accused persons are held in jails while awaiting arraignment, trial, conviction, or sentencing. In fact, according to the Bureau of Justice Statistics, in 2021, more than half (54%) of jail inmates were unconvicted and were being held in jails for trial or other criminal justice proceedings (Carson & Anderson, 2022). Jails also hold prisoners for other agencies, such as state departments of correction, until bed space becomes available in a state prison.

According to the most recent data from the Bureau of Justice Statistics, there were approximately 3,000 jails operating in the United States as of midyear 2021 (Carson & Anderson, 2022). Jails and detention centers (sometimes known as a detention facility) are facilities designed to safely and securely hold a variety of criminal offenders, usually for a short period. Jails have dual roles as they hold criminal defendants awaiting processing by the criminal justice system and those convicted of crimes and sentenced to a jail term.

The size of jails can vary widely depending on the jurisdiction the facility serves. Both geographic and legal jurisdiction must be considered when determining jail size. The single most important determinant of jail size is population density. Many rural jails are quite small, but America’s largest population centers tend to have massive jail complexes. Most counties and many municipalities operate jails, and federal and other non-local agencies operate a few. There has been a trend for small, rural jurisdictions to combine their jails into regional detention facilities. These consolidated operations can increase efficiency and security and better ensure prisoners’ rights.

Punishment

A primary function of jails is to house criminal defendants after an arrest. Within a very narrow window of time, usually 24-48 hours, the arrestee must appear before a judge. During this initial court appearance, the judge will consider the charges against the defendant and the defendant’s risk of flight when determining bail.

The judge may decide to remand the defendant to the custody of the jail until trial, but this is rare. Most often, a pretrial release will be granted. The arrestee may be required to pay a certain amount of money to ensure their appearance in court, known as bail, or they may be released on their own recognizance (Bureau of Justice Statistics, 2022).

As a criminal sanctioning option, jails provide a method of holding offenders accountable for criminal acts. Jails house offenders that have been sentenced to a jail term for misdemeanor offenses, usually for less than one year. There are many ways that jail sentences can be served, depending largely on the laws and policies of the particular jurisdiction. A central goal of incarceration as punishment in the criminal justice system is the philosophical goal of deterrence. 

Many believe that jail sentences discourage offenders from committing future criminal acts (specific deterrence) and send a message to potential criminals about the possible costs of crime (general deterrence). Rehabilitation and reintegration are sometimes considered secondary goals of incarceration. These goals are not usually deemed amenable to the jail environment, and few programs designed to meet these goals exist.

Many local jails do make a modest effort to provide inmates with opportunities for counseling and change to deter future criminal behavior, but always within the constraints of limited resources (National Institute of Corrections, 2021).

Miscellaneous Functions

Jails in some jurisdictions have additional responsibilities beyond pretrial detention and holding offenders accountable for criminal acts. For instance, jails are responsible for transferring and transporting inmates to federal, state, or other authorities. Jails may also hold mentally ill persons pending their transfer to suitable mental health facilities, where beds are often unavailable. Moreover, jails hold people for a variety of government purposes, such as those wanted by the armed forces, individuals in protective custody who may not be safe in the community, those found in contempt of court, and witnesses for the courts.

Jails are often tasked with holding state and federal inmates due to overcrowding in prison facilities. In recent years, many state and federal prisons have been overcrowded, which has led to an increase in the number of inmates being held in jails. Jails have been used to temporarily house these inmates until there is space available in state or federal prisons.

In addition, jails are commonly tasked with community-based sanctions, such as work details engaged in public services. These programs provide opportunities for inmates to contribute to the community while serving their sentences. Community-based sanctions are often seen as a way to reduce recidivism by helping inmates develop positive social connections and gain valuable work experience (National Institute of Corrections, 2021).

In conclusion, jails have several important responsibilities beyond pretrial detention and holding offenders accountable for criminal acts. They are responsible for transferring and transporting inmates to other authorities, holding mentally ill persons, and holding people for a variety of government purposes. Additionally, jails may hold state and federal inmates due to overcrowding in prison facilities. Jails are also tasked with community-based sanctions, which provide opportunities for inmates to contribute to the community while serving their sentences.

🔍 Reflect

How does the dual role of jails in pretrial detention and punishment contribute to public safety and the criminal justice system’s goals, and what challenges arise in balancing these functions?

Jail Populations

Arrestees often arrive at jail with a range of problems, including substance abuse, alcohol abuse, and mental illness. According to data from the Bureau of Justice Statistics (BJS), around two-thirds (64%) of jail inmates have a mental health problem, while almost three-quarters (74%) meet the criteria for drug or alcohol abuse or dependence (Bronson & Berzofsky, 2017). The presence of these issues can make it difficult for jail staff to manage the behavior of inmates and ensure their compliance with jail rules and regulations.

In addition to mental health and substance abuse problems, many jail inmates also have medical problems. BJS data shows that around one-third (32%) of jail inmates report having a chronic medical condition, such as asthma, diabetes, or high blood pressure (Bronson & Berzofsky, 2017). These medical conditions can make it challenging for jail staff to provide appropriate medical care to inmates, particularly in cases where inmates require specialized treatment.

Jail inmates also exhibit a wide range of emotional states, with jail staff often encountering fear, anxiety, anger, and depression on a daily basis. These emotional states can manifest in non-compliant, suicidal, or violent behaviors, which can pose a risk to both the inmate and staff. According to BJS data, almost one-third (30%) of jail inmates report symptoms of depression, while around one in five (19%) report suicidal ideation (Bronson & Berzofsky, 2017). These statistics highlight the importance of providing mental health services to jail inmates to address these emotional and behavioral challenges.

Jails serve as a service provider for the rest of the criminal justice community, with little discretion in who goes to jail and how long they remain in custody. This is because the decision to detain an individual is primarily driven by law and policy, as well as discretionary decisions made by probation and parole officers, law enforcement, and judges. In addition, community attitudes can also influence the number of people who end up in jail. For example, increased pressure on law enforcement and the courts to make more arrests and prosecute more offenders can lead to a higher number of people being detained in jail.

Jail inmates often arrive with a range of problems, including mental health and substance abuse issues, as well as medical and emotional challenges. These issues can make it difficult for jail staff to manage their behavior and ensure their compliance with jail rules and regulations. The decision to detain an individual in jail is largely driven by law and policy, as well as discretionary decisions made by criminal justice professionals.

Community attitudes can also play a role in the number of people who end up in jail. Providing appropriate services and care to inmates can help address these challenges and ensure the health and well-being of those in custody.

Jail inmates are a diverse group of people who are locked up for various reasons. According to the Bureau of Justice Statistics (BJS), more than two-thirds (67%) of jail inmates are being held for a felony offense, with drug offenses and property offenses being the most common types of crimes leading to incarceration (Bronson & Berzofsky, 2017). Additionally, almost a third (32%) of inmates are being held for a misdemeanor offense, while the remaining inmates are being held for other reasons, such as probation or parole violations or as a result of civil contempt charges.

In terms of demographic characteristics, jail inmates are overwhelmingly male, with women making up only a small fraction of the jail population. According to BJS data, around 87% of jail inmates are male (Bronson & Berzofsky, 2017). In addition, jail inmates tend to be younger than the general population, with the majority being between the ages of 18 and 34. Racial and ethnic minorities are also overrepresented in the jail population, with African Americans and Hispanics making up a disproportionate number of inmates compared to their representation in the general population (Bronson & Berzofsky, 2017).

Jail inmates are a population with complex needs, and many arrive at the jail with a range of problems, such as mental health and substance abuse issues, as well as medical and emotional challenges. Given these challenges, it is important that jails provide appropriate services and care to inmates to address their needs and ensure their well-being. In addition, the criminal justice system as a whole must continue to explore ways to reduce the number of people who are incarcerated, particularly for low-level offenses, and to address the underlying factors that contribute to criminal behavior, such as poverty, lack of education, and substance abuse.

🔍 Reflect

How do the complex needs of jail inmates, including mental health, substance abuse, and medical issues, impact the responsibilities and challenges faced by jail staff, and what strategies might improve the care and management of these populations?

Juvenile Detention 

Jails also play a role in the detention of juveniles. Many jails temporarily detain juveniles pending transfer to juvenile authorities. According to recent research by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), the trend in juvenile incarceration is toward lower numbers and a move toward local facilities. The juvenile offender population dropped 51% from 2000 to 2019, to the lowest number since the mid-1970s. In 2019, it was noted that more than two-thirds (69%) of offenders were in local facilities, while less than one-third (31%) were in state-operated facilities (Sickmund et al., 2021).

The degree of security present in juvenile facilities tends to vary widely between jurisdictions. An important measure of security used in OJJDP reports is locking youth in “sleeping rooms.” Recent data indicates that public agencies are far more likely to lock juveniles in their sleeping quarters at least some of the time. A majority of state agencies (66%) reported engaging in this practice, while only a relatively small number (4%) of private agencies reported this practice.

More than half of all facilities reported that they had one or more confinement features in addition to locking juveniles in their sleeping room (which usually happens at night). These security features usually consist of locked doors and gates designed to keep juveniles within the facility (Sickmund et al., 2021).

Unlike adult jails, juvenile detention takes place in a variety of different environments. According to the OJJDP study, the most common type of facility were facilities that considered themselves to be “juvenile detention centers” or  “residential treatment centers,” followed by those that considered themselves to be “detention centers.” The classifications of “group home,” “training school,” “shelter,” “wilderness camp,” and “diagnostic center” are also used. Group homes and shelters tended to be privately owned, and detention centers tended to be state-run facilities.

In conclusion, while adult jails are responsible for pretrial detention and holding offenders accountable for criminal acts, many jails also temporarily detain juveniles pending transfer to juvenile authorities. Recent research indicates a trend toward lower numbers of juvenile incarceration and a move toward local facilities. The degree of security in juvenile facilities varies widely between jurisdictions, and different types of facilities are used to detain juveniles depending on the classification of the facility and the needs of the juvenile.

🔍 Reflect

How do variations in the security measures and types of facilities used for juvenile detention reflect the goals of rehabilitation and safety, and what are the implications for the treatment and outcomes of detained juveniles?

Job Outlook: Correctional Officers and Jailers

The BLS does not differentiate between jailers and correctional officers in their occupational outlook for “Correctional Officers and Jailers.” This is because the job duties and work environments for jailers and correctional officers are very similar. Both are responsible for maintaining order and security within correctional facilities, and both work closely with inmates to ensure their safety and well-being. Some correctional facilities may use the term “jailers” to refer to correctional officers who work in local jails. In contrast, others may use the term “correctional officers” to refer to all correctional staff, regardless of the facility type.

The job outlook for jailers, or correctional officers, is relatively stable, according to the United States Department of Labor’s Bureau of Labor Statistics (BLS). As of 2020, there were approximately 448,500 correctional officers employed in the United States (BLS, 2021). The BLS expects the employment of correctional officers to grow 3 percent from 2019 to 2029, which is about as fast as the average for all occupations.

One factor that contributes to the demand for correctional officers is the high turnover rate in the field. Working in a correctional facility can be a stressful and dangerous job, and many people leave the profession after only a short time. This means that there is a constant need for new recruits to replace those who leave. Additionally, the BLS notes that population growth and increases in crime rates can also contribute to the demand for correctional officers.

Another factor affecting the job outlook for jailers is the budget constraints faced by many government agencies. In recent years, many states and municipalities have faced budget shortfalls, which have led to reductions in spending on corrections. This, in turn, can lead to hiring freezes, furloughs, and layoffs of correctional officers. However, the BLS notes that even during periods of budgetary constraints, correctional officers are still needed to maintain safety and security in correctional facilities.

The job outlook for jailers may also be affected by changes in criminal justice policy. For example, some states and municipalities have implemented programs aimed at reducing the number of people who are incarcerated for low-level offenses, such as drug possession. These programs may lead to reductions in the overall number of inmates, which could, in turn, affect the demand for correctional officers. However, it is important to note that even if the number of inmates decreases, there will still be a need for correctional officers to maintain safety and security in correctional facilities.

Overall, the job outlook for jailers is relatively stable, with modest growth expected in the coming years. The median annual wage for correctional officers and jailers was $47,840 in May 2020, with the lowest 10 percent earning less than $30,090 and the highest 10 percent earning more than $81,280 (BLS, 2021). It is important to note that working as a correctional officer can be a challenging and stressful job, with a higher-than-average risk of on-the-job injuries. However, for those who are committed to public service and have a strong desire to work in law enforcement, a career as a correctional officer can be rewarding.

🔍 Reflect

What factors contribute to the stable job outlook for correctional officers and jailers, and how might changes in criminal justice policies and budget constraints impact their employment prospects?

Summary

Jails have a long history in America, and they are an important part of the criminal justice system. Their primary functions are intake and custody. During intake, individuals who are arrested or detained are brought into the jail, registered, and assessed for any medical or mental health issues. Custody refers to the detention of individuals who are awaiting trial or have been sentenced to a short term of incarceration. 

Jails also have additional responsibilities, such as transferring inmates to other authorities, holding mentally ill persons, and community-based sanctions. Jails serve a diverse population, which makes their operation complicated. It is essential that individuals are treated with respect and dignity while in custody.

Jails are facilities that temporarily detain individuals who are accused of committing crimes. These individuals often have a range of problems, including mental health and substance abuse issues, as well as medical and emotional challenges. Providing appropriate services and care to inmates can help address these challenges and ensure their well-being. In addition, the criminal justice system as a whole must continue to explore ways to reduce the number of people who are incarcerated, particularly for low-level offenses.

Juvenile detention facilities vary widely in terms of security and type, with different facilities used depending on the classification of the facility and the needs of the juvenile. While adult jails are responsible for pretrial detention and holding offenders accountable for criminal acts, many jails also temporarily detain juveniles pending transfer to juvenile authorities. Recent research indicates a trend toward lower numbers of juvenile incarceration and a move toward local facilities.

The job outlook for jailers, or correctional officers, is relatively stable. Correctional officers are responsible for maintaining order and security within correctional facilities and work closely with inmates to ensure their safety and well-being. The employment of correctional officers is expected to grow 3 percent from 2019 to 2029, which is about as fast as the average for all occupations. The job outlook for jailers may also be affected by changes in criminal justice policy, but even during periods of budgetary constraints, correctional officers are still needed to maintain safety and security in correctional facilities. The median annual wage for correctional officers and jailers was $47,840 in May 2020.

Corporal Punishment, Custody, Detention Centers, Detention Facility, Diagnostic Center, Gaol, Group Home, Intake, Juvenile Detention Center, Office of Juvenile Justice and Delinquency Prevention (OJJDP), Residential Treatment Center, Shelter, Training School, Wilderness Camp

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Last Updated:  07/13/2024