8.2: Pennsylvania DOCS Purpose

Mission Statement

The Pennsylvania Department of Corrections operates as one team, embraces diversity, and commits to enhancing public safety. We are proud of our reputation as leaders in the corrections field. Our mission is to reduce criminal behavior by providing individualized treatment and education to offenders, resulting in successful community reintegration through accountability and positive change.

American Correctional Association Compliance

The PA DOCS as an American Correctional Association (ACA) accredited agency prescribes to the ethics of the ACA (Appendix C-ACA Code of Ethics). Further upon review of the following policies: 203 Searches of Inmates and Cells; 803 Inmate Mail and Incoming Publications;819 Religious Activities Policy; 009 News Media Relations (DOCS Policy Publications. www.cor.state.pa.us). They appear to meet the requirements established in the court decisions and standards set forth and PA DOCS provides for constant updating of policy as required by the accreditation process and contemporary court decisions.

U.S. Census Bureau-Pennsylvania

According to the U.S. Census Bureau (http://factfinder.census.gov/home) Pennsylvania’s 2010 population was 12,702,379. The total population is divided into the following ethnic and percentage as reported by the 2010 census: White-10,406,288 (81.9%); African American-1,377, 689 (10.8%); Asian-349,088 (2.7%); American Indian and Alaska Native-26,843 (0.2%); Native Hawaiian and Other Pacific Islander-3,653 (Z); Hispanic or Latino-300,983 (5.7%); and Two or more Races-237,835 (1.9%). The 2010 Census for the entire United States is 308,745,538. The growth in population from the 2000 to the 2010 census is a reported growth of 3.4% in Pennsylvania and a 9.7% overall growth nationwide. The total of non-white minority population represented within Pennsylvania is 18.1% or approximately 2.3 million people.

Pennsylvania Inmate Population

The Pennsylvania Department of Corrections, as of December of 2010, DOCS housed 51,321 inmates of which 335 inmates are incarcerated for life. The annual budget request for FY 2011-2012 is $1,880,810,000 representing an 11% increase over the previous budget of $1,694,319,000. The inmate population has steadily increased 25% over the last seven years with FY 2004 population of 40,965 and FY 2010 inmate population of 51,321. The DOCS 2010 Annual Report asserts that 48,603 males were incarcerated as compared to 2,718 females incarcerated during the same time period. This represents 62% of male prisoners were minority (50% Blacks; 11% Hispanic; and 1 % other) in comparison to 38% of White male inmates. As you can see from the census information previously provided the black population equates to 10.8 % of the total state population while accounting for 50% of the male inmate population. Further total minority populations in the state are approximately 20% but represent 62% of the inmate population among males.

The same report breaks out the females incarcerated (2,718) as 41% all minorities and 59% white females or 31% Black; 8% Hispanic; and 2% other. This is a reversal of the male inmate population however it remains that this is with a 20% minority population. The average age of those incarcerated is age 37. Disparity in sentencing may occur based on many factors such as economic means, social strata, legal representation, or environment. The next section looked at one other possible factor, PA sentencing structure.

Pennsylvania’s Criminal Code and Sentence Minimums and Maximums: Mandatory Pennsylvania Sentences

The Judiciary and Judicial Procedure, Title 42, Chapter 21. Sub. F. provides the authority for sentencing structures for felonies, misdemeanors, probation and parole to be established by the Commission and used in criminal proceedings for the sentencing of defendants after conviction or plea of guilty. The sentencing structures for selected offense may be seen in Appendices D-Sentencing Chart. According to the Pennsylvania Commission on Sentencing and as shown in Appendices-D those subsequently convicted of the same offense after the first conviction may receive an additional prison term.

The Commonwealth does not have a Three Strikes program but does however use habitual offender enhancements for second and third convictions for violent crimes. Habitual Offenders 42 Pa. C.S. §9714 requires mandatory sentencing of ten years for a second conviction for a crime of violence; a third or subsequent conviction for a crime of violence requires a sentence of twenty-five years or life. The Habitual Offender section 42 Pa. C.S. §9716 further delineates that two or more mandatory minimum sentences applicable, the longest mandatory minimum applies. There exist many reasons for criminal behavior such as economic means, social strata, legal representation, or environment. The next section looks at one other possible factor and this is sentencing structure. Problematic for PA DOCS as is true for many states is the mandatory sentencing structures that have attributed to overcrowding and Constitutional concerns within the system.

PA DOCS appears to have met overcrowding issues, special population concerns, and court remedied sanctions with innovative programs which will be the topic of discussion in the remainder of this evaluation. This discussion will first address Constitutional issues and then will concentrate on the overcrowding and special populations in separate discussions contained herein.