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 ven
behind the barbed wire and guard towers of America's prisons and
jails, a total triumph over drugs still
eludes the
nation. America's failure to keep drugs out of a place where almost
nobody believes they belong illustrates the problems of the drug
wars as well as the management crisis inside America's prisons.
Prisoners who
want drugs get them. A 2000 Bureau of Justice Statistics (BJS) study
of drug use in local jails showed that about 10 percent of local
jail inmates test positive for drugs — a percentage that slips only
slightly in state prisons. Federal facilities do the best but, even
there, motivated prisoners figure out how to get high. Since states
can opt out of BJS studies or refuse to test inmates, the study
probably understates the extent of drug use. Indeed, even the worst
inmates can find drugs: Charles Manson got caught dealing marijuana
in 1997.
Most prisoners
want drugs. Bureau of Justice Statistics studies from 1997 and 2000
show that over fifty percent of inmates used drugs in the month
before their arrest and more than a third committed the crimes leading
to their arrests while under the influence of narcotics.
Even drug-war
opponents, however, tend to agree that drugs should stay out of
correctional facilities. "It's a matter of teaching prisoners
to obey the law," opines Ken Haas, a University of Delaware
professor and former state corrections system official. "I
support legalizing drugs but if drugs are illegal in society, they
can't be legal in prison." American prisons and jails have
always banned alcohol and, increasingly, they ban cigarettes as
well. Given that cigarettes once served as a universal prison currency,
legalizing drugs inside prisons would require a massive about-face.
So how do prisoners
get drugs? Well, generally not from visitors. Since the Supreme
Court's 1979 Bell v. Wolfish decision, prison officials
have had unlimited rights to search prisoners for drugs even to
the point of performing rectal cavity searches after closely monitored
visits. Given the serious penalties involved and the near certainty
of searches, only the most foolhardy visitors dare to smuggle drugs.
Instead, guards
serve as the primary conduit for drugs. According to accounts of
inmate like Victor Hassine's Life Without Parole, the sequence
of events works like this: First, a prisoner does small favors for
a guard such as cleaning up a portion of the prison. In return,
the inmate asks the guard to violate rules by bringing him a sandwich
or candy bar. After a series of such favors, the prisoner asks the
guard to bring in a dime bag of marijuana or tab of acid and threatens
to tell administrators about the previous favors if he doesn't do
it. Fearing for his job, the guard complies. Once this has happened,
the prisoner has the guard on a leash: He or she can't report anything
without facing serious consequences.
Poor prison
management causes these problems. To begin with, guards' backgrounds
make them susceptible to manipulation. Many come from the same neighborhoods
as their charges, some have minor criminal records, and few have
significant formal education beyond high school. Training often
proves scanty, while a mixture of union rules and professional pride
usually protects them from being searched. Allowing in some drugs,
in any case, has become part of prison management. Liquor made from
moldy bread and pilfered fruit juice ("pruno" in prison
argot) has long been tolerated as a way of keeping inmates under
control. If guards can overlook the powerful stench of in-cell stills,
they can easily "miss" a few tabs of acid. Legal mood-altering
pharmaceuticals like Prozac have likewise become important management
tools for administrators in chaotic and overcrowded correctional
facilities.
Better management
could solve many of these problems but might not eliminate them
entirely. Efforts to improve hiring standards, pay, and, most importantly,
training for prison guards, would probably represent a good start.
Regular, random drug testing also appears to drive down usage rates
inside prison. The same logic holds so for criminals on the outside:
A 2000 Urban Institute/UCLA study shows that regular testing linked
with clear sanctions markedly decreases drug use for people on parole
and probation. Finally, work programs, particularly those linked
to private industry, can serve the dual purpose of keeping inmates
busy and giving administrators leverage over those who step out
of line.
Alas, it may
never be possible to eliminate all drugs from prisons but America's
manifest failure in doing so highlights a serious crisis in prison
management.
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