Attica CORRECTIONAL FACILITY

Transcription

1 Attica CORRECTIONAL FACILITY The Correctional Association of New York April 2011 A REPORT FROM THE PRISON VISITING PROJECT

2 ATTICA CORRECTIONAL FACILITY: 2011, a maximum-security prison located in Wyoming County in Western New York is the one of most notorious prisons in New York State, if not the country. The facility s infamous history continues to infect the atmosphere and conditions facing inmates. A shadow was cast upon the facility in early September 1971, when 1,300 inmates rebelled to protest their conditions of confinement. The rebellion, during which the inmates held 40 correction officers hostage for five days, resulted in a siege of the facility by state troopers that left 43 casualties, including 33 inmates and 10 guard hostages. The Attica rebellion brought the plight of incarcerated individuals to the forefront of the nation s consciousness. No longer were these invisible people experiencing invisible injustice behind brick walls and barbed wire fences. The prisoners demands included basic civil rights such as medical care, religious and political freedom, and education, in addition to parole reform and a living wage. Something had to be done to ensure that incarcerated individuals were afforded basic civil rights and given some opportunities for education and rehabilitation. We have certainly made substantial progress since 1971 inmates are afforded medical care, opportunities for religious expression, and mandatory educational programming for those without a high school diploma or equivalent; however we have a significant ways to go. The Visiting Committee of the Correctional Association of New York (CA) visited Attica on April 12 th and 13 th, We were pleased to find a college program and a variety of mental health treatment services, in addition to other positive programming. However, it was apparent that the atmosphere that existed prior to the 1971 rebellion lingers and pervades nearly every aspect of the facility, from inmate-staff relations to housing assignments, facility movement and even program times. A constant level of tension is felt throughout the facility, where officers walk through the corridor and mess halls smacking their batons against the palms of their hands and inmates walk in military fashion, in two lines side-by-side, eyes downcast, in eerie silence. After providing a draft of this report to Department of Corrections and Community Supervision (DOCCS) and Attica officials, we had a conference call on December 2, 2011 with prison administrators to discuss our findings and recommendations. We appreciate the prison officials input during that conversation and their response to our request for updated information about recent prison operations. We have included this information in the report

3 METHODOLOGY The CA s Visiting Committee visited Attica to assess the services and conditions at the prison. We obtained surveys about general prison conditions from 269 inmates in general confinement, in addition to 63 program- or location-specific surveys from inmates in the Special Housing Unit (SHU), Intermediate Care Program (ICP), Transitional ICP (TrICP), Special Treatment Program (STP), Protective Custody (PC), and the Alcohol and Substance Abuse Treatment (ASAT) program. 1 To obtain survey participants, the Visiting Committee asks inmates in programs and in their housing units if they would like to participate in this voluntary process. We then mail surveys to each inmate who provides us with identifying information. Inmates are assured that the CA has privileged mail status, permitting Department staff to open surveys only to search for contraband but not to read the contents, as with regular mail. We also assure inmates that we do not include any names or identifying information in our reports, because retaliation by staff is a significant concern for survey participants. Despite our efforts to preserve inmate confidentiality, we cannot ensure that inmates will not be targeted or retaliated against for assisting us in our work. We visited nearly every housing area during our two-day visit and mailed in 956 surveys; however, less than a third were returned to us. We do not allege that staff interfered with the survey process, but there was clearly some level of intimidation, as we received several inmate letters following our visit alleging harassment by security staff for survey participation and expressing concerns about their safety. This report is based on findings from data supplied by the facility and DOCCS prior to our visit; inmate surveys; conversations with the superintendent, executive team, program staff, and inmates; and meetings with the staff union representatives and members of the Inmate Liaison Committee (ILC) and Inmate Grievance Resolution Committee (IGRC). We appreciate the cooperation of the facility s administration during our tour and the extensive information staff provided to us prior to, during, and after our visit. We would also like to thank all those confined at Attica who participated in our surveys. SUMMARY OF FINDINGS & KEY RECOMMENDATIONS Both the recognition of prisoners rights in the early 1970s and changes in societal beliefs regarding punishment and rehabilitation have transformed prisons throughout the United States, including those in New York State, over the last 40 years. As mentioned above, Attica Correctional Facility is no exception. During our two-day visit we found several positive aspects of the prison including a college program which received enthusiastic praise from inmates, higher than average satisfaction rates with Transitional Services programming and dental care, an impressive variety of vocational programs, and a substantial array of services for inmates with mental health issues. Despite the aforementioned quality of programming and services, the Visiting Committee was extremely concerned to find that Attica stands out among New York State prisons for its high level of violence among staff and inmates, particularly for allegations of sexual abuse both in general population and in disciplinary confinement units (Special Housing Unit and keeplock). We 1 We received 33 SHU surveys, 7 ICP surveys, 1 TRICP survey, 7 STP surveys, 8 PC surveys, and 7 ASAT surveys

4 also have concerns about the efficacy of the Special Treatment Program for disciplinary inmates with serious mental illness. Additionally, due to its large population and limited staffing levels, Attica inmates had far less programming options than at other prisons, and, accordingly, a larger proportion of inmates with little or no programming. We also received a significant number of complaints from inmates regarding limited access to the general and law libraries. Our principal recommendations include that relevant state, DOCCS and prison officials: More closely monitor allegations of sexual abuse and abusive pat frisks by staff and meet with the ILC and IGRC to explore ways to reduce sexual abuse and to promptly identify and respond to staff sexual misconduct or abusive pat frisks. Encourage line staff to engage inmates in more positive interactions and investigate any allegations of harassment, threats or excessive use of force and implement prompt disciplinary action if substantiated. Assess the level of and causes for tension between staff and inmates, and develop a plan to reduce tension, including additional training for staff regarding how to manage inmates with significant mental health needs and installation of cameras in areas where such incidents more frequently occur. Take steps to train all security staff working on a mental health unit on how to properly manage and interact with inmates with mental health care needs and remove from these units any staff who fail to perform their job duties properly. Assess the level of and causes for tension between SHU/keeplock staff and inmates, and develop a plan to reduce perceived and actual incidents of verbal harassment, physical confrontations and sexual abuse by staff. Consider methods of increasing available programs for all inmates, including potentially hiring additional staff, changing program times, or modifying facility movement schedules and procedures. Provide more meaningful prison job opportunities that will permit inmates to develop skills and experiences that enhance their ability to find employment upon release. Review patient-clinician confidentiality protocols with OMH staff and DOCCS security staff and ensure that proper protocols are followed, investigating any complaints of confidentiality breaches or misuse of sensitive information. Improve access to the general library and the law library by expanding their hours of operation, potentially by hiring additional staff or inmate clerks. Review the services provided during STP group sessions and individual counseling to disciplinary inmates with serious mental illness to determine what additional measures can be taken to better engage the patient population. Reconsider the conversion of Attica s STP to a residential mental health treatment unit for disciplinary inmates with serious mental illness. Fill all medical staff vacancies and investigate whether additional nursing and clinic staff are needed. Review the quality of sick call encounters and clinic call-outs to ensure that all providers are properly diagnosing and treating each patient they see

5 GENERAL INMATE POPULATION and OFFICER DATA Attica has a capacity of 2,253 and held 2,152 inmates at the time of our visit. In general, the facility houses an older population with longer sentences than other prisons in New York State. According to data provided by the facility, the median age at Attica at the time of our visit was 38.4 years old and 22% of the population was under the age of The median minimum sentence was 15 years and 68% of Attica inmates had a minimum sentence of 10 years or more, with 84% of the total population convicted of a violent felony. 3 Attica s racial demographics were slightly different than those at other New York prisons, with a higher percentage of inmates identifying as African-American and fewer inmates identifying as White. 4 Sixty-one percent of the population had their high school diploma, General Equivalency Diploma (GED) or higher education degree, slightly higher than the system-wide average of 57%. 5 One percent of the population was Spanish speaking with limited or no proficiency in English. According to facility data provided during our visit, of the 582 correctional officers (COs) employed at Attica, only 12 were female. Facility staff did not give us any information regarding the racial demographics of security staff; however, from our observations we noted that COs were overwhelmingly White. The racial disparities between staff and inmates appeared to contribute to the tense environment inside the facility. Furthermore, officers with whom we spoke at Attica expressed concern about properly managing the continually changing composition of the inmate population, both in terms of racial composition and percentage of inmates with mental illness, and the staff articulated a desire for more educational and training opportunities. One of the demands during the 1971 rebellion was to educate all correctional officers to the needs of the inmates, i.e., understanding rather than punishment. 6 COs are required to undergo significantly more training today than in 1971, particularly in the areas of diversity and managing populations; however, this level of training remains inadequate. We recommend that facility administrators and DOCCS examine ways of recruiting a more diverse staff population and increase opportunities for diversity training. We also suggest that the Department implement more substantial and regular trainings for staff on how to effectively manage mentally ill individuals. PHYSICAL PLANT Built with the assistance of inmates from Auburn C.F. in 1931, at the time of its construction Attica was the most expensive prison built in New York State and believed to be the most secure. 7 The prison consists of four wings, each of which has the capacity to house approximately 500 inmates, in addition to a 116-capacity Special Housing Unit (SHU), and 2 Compared to a median age of 36 and 31% under the age of 30 state-wide. 3 According to DOCCS system-wide data as of April 1, 2010, the median minimum sentence for all maximumsecurity prisons is 13 years. 4 Fifty-eight percent of Attica s population identified as African-American, 22% as Hispanic, and 20% as White, compared to the system-wide population of 52% African-American, 23% Hispanic, and 23% White. 5 According to DOCCS system-wide data as of April 1, See Attica Prisoners Demands: September 9, According to The Evolution of NY s Prison System, Part II, New York Correction History Society, available at

6 several other special population units within the prison. According to staff, due to security concerns, inmates movement is more limited than other maximum-security prisons in New York State, with inmates only interacting with the population assigned to their particular housing block. The facility has four recreation yards, one for each housing block, where inmates only mingle with other inmates from their unit. Inmates are assigned to a housing block based on their program and job. We observed during our visit that Attica s unique housing protocols appeared to result in shorter programming hours due to the long periods of facility movement. Like many maximum-security prisons in New York State, staff have the ability to administer tear gas through the mess hall ceilings in the case of a violent incident. Attica, however, is unique in that the mess halls are also staffed with officers holding portable tear gas guns. Since these portable gas guns are significant safety hazards, all inmates must be locked in their cells while the gun is being transported from a central location to the mess hall before and after each meal, resulting in approximately 30 minutes of restricted inmate movement before and after each meal. Additionally, each gun requires multiple staff escorts, who could be more useful to the facility in other areas. According to staff, the gas has not been used since the late 1980s, yet staff continue to take this precautionary measure, which requires significant staff resources and decreases the amount of time inmates may spend in meaningful program areas. Numerous construction projects were under way at the time of our visit, including the installation of new flush panels, water-saving toilets and lighting upgrades in certain housing blocks. Other planned projects included replacement of the facility-wide fire alarm system, replacement of heating systems in several housing blocks, and replacement of refrigerators in the storehouse and kitchens. SAFETY Given its reputation and history, one may not be surprised to find a high level of violence at Attica, both between staff and inmates and among inmates. The Visiting Committee did in fact find the facility to be significantly more violent than most other CA-visited maximum-security facilities and perceived a noticeably high level of intimidation and fear throughout the facility. This high level of intimidation was evident during our visit, where officers walked the blocks with batons in their hands, an uncommon practice in New York State prisons and after our visit when we received numerous letters describing threats and retaliation for participating in the CA survey. Furthermore, when we visited the recreation yard to interview inmates, fewer individuals than at other facilities wished to speak with us out of concern for their safety. We understand that the Attica administration must take every precaution to ensure that all staff and inmates are safe; however, there appears to be an us and them culture at Attica which results in significantly more violence, intimidation and harassment by staff than at other CA-visited prisons, potentially elevating the already high stress level of a maximum-security prison. Inmate-Staff Relations Attica inmates perception of staff abuse at the facility was far worse than at most other CA-visited prisons, and the facility had an extremely high number of incidents of abuse, both as described in survey data and in DOCCS-supplied records. Based upon an analysis of inmate - 6 -

7 survey responses, the facility ranked 8 the fifth worst of all 29 CA-visited prisons for inmate-staff relations, with 78% of survey respondents describing them as bad. 9 Most concerning is that Attica ranked as the second worst facility among CA-visited prisons for sexual abuse and racial harassment by staff. Inmates estimated that a median of 75% of officers engage in serious misconduct, which is significantly higher than at other facilities, and only 20% do a particularly good job. 10 Attica survey respondents reported that the most common forms of abuse were verbal harassment, threats and intimidation, and physical abuse. Attica inmates also reported the highest frequency of physical assaults, verbal harassment, threats and intimidation, abusive pat frisks, turning off lights and water and retaliation for complaints out of all 29 CA-visited prisons, ranking Attica as the worst facility for these forms of abuse. Inmates also complained that retaliation often materialized in the form of officers not letting inmates out of their cells for meals. We asked inmates to describe common locations and times for abuse and overwhelmingly, inmates described the 3:00 p.m. to 11:00 p.m. shift as problematic. While abuse occurs throughout most areas of the prison, we received an alarming number of complaints regarding C-Block. Eighty-eight percent of survey respondents said the Attica administration does very little or nothing to prevent abuse, and 91% stated that video cameras would reduce abuse at least somewhat. Survey results indicated a higher rate of physical confrontations between staff and inmates than at many other facilities, with 38% of inmates stating that they had experienced a physical confrontation with staff at least once, ranking Attica fifth worst of all 29 CA-visited prisons for frequency of physical confrontations. 11 Eighty-five percent of survey respondents stated that physical confrontations were frequent throughout the prison, the highest of all CA-visited prisons and significantly higher than the average of rate 57%. Furthermore, according to information supplied by DOCCS, Attica ranked third worst of all maximum-security prisons for frequency of assaults between inmates and staff from 2007 through Attica reported 17 such incidents from January through March 2011, and 56 such reports in 2010, down from 72 in Attica inmates felt the least safe of all CA-visited prisons, with 71% of surveyed inmates reporting that they frequently felt unsafe at Attica, ranking the facility the lowest of all CA-visited facilities for safety. 13 Attica was worse than nearly two-thirds of CA-visited prisons for survey respondents experiencing verbal harassment and fourth worst of all CA-visited prisons for the frequency of it occurring throughout the facility The CA ranks facilities according to an analysis of inmate survey responses. Facilities are ranked from best to worst with one being the best and 29 being the worst. 9 Compared to an average of 63% at all CA-visited prisons. Seventy-four percent described relations as worse than at other prisons. 10 Compared to a median of 55% who engage in serious misconduct and 30% who do a particularly good job at other CA-visited prisons. 11 Thirty-eight percent of Attica survey respondents reported experiencing a physical confrontation at least once, compared to an average of 27% at all CA-visited prisons. 12 This is based upon DOCCS system-wide data of Unusual Incident Reports (UIRs) for assault-on-staff incidents from 2007 through Compared to an average of 48% at all CA-visited prisons. 14 Only 9% of Attica survey participants reported never being verbally harassed by staff compared to 16% of all CA survey participants

8 Sexual abuse by staff also appears to be a serious concern at Attica, with the facility ranking in the bottom third of all New York State facilities for frequency of reported incidents of sexual abuse between staff and inmates from 2008 through Inmate survey responses echoed this trend, with respondents ranking the facility second worst of all CA-visited prisons for the commonality of these incidents throughout the prison. 16 Thirty percent of survey respondents reported frequently hearing about sexual abuse by staff, and while abusive pat frisks are often described as sexual abuse by inmates, 64% stated that sexual abuse during a pat frisk was not the only type of sexual abuse in the prison and 75% of survey respondents reported hearing about sexual abuse other than abusive pat frisks at least once. Additionally, Attica ranked in the bottom fifth of all CA-visited prisons for the frequency with which inmates reported having experienced an abusive pat frisk and ranked as the second worst facility for the frequent occurrence of this form of abuse. 17 Staff with whom we spoke described the facility as a very dangerous place, and stated that the higher percentage of inmates on the OMH caseload has led to increased problems within the facility. Staff also explained that inmate-staff tension at the facility was the lowest it had been in years, and largely attributed this improvement to the new administration. The superintendent appeared to be engaged with inmates during our tour, and seemed to have knowledge about what was happening inside the facility. In our discussion, he explained that he believes it to be important for him and the rest of his executive staff to have a frequent and consistent physical presence throughout the facility including regular conversations with both inmates and line staff. The superintendent also informed us that outside of his regular monthly meetings with the Inmate Liaison Committee, he frequently has more informal conversations with members while in the housing blocks in order to keep cognizant of any concerns voiced by the inmate population. Comments from inmates and our own observations suggest that he has implemented this practice to a greater extent than superintendents at some other prisons we have visited. We were pleased to hear from inmates that the superintendent walks the blocks of the facility; however, it was clear that the majority of the threats, intimidation, and violence takes place during hours when the administrative staff is not at the facility. We commend the superintendent for his efforts, but believe his actions are not sufficient to overcome the otherwise pervasive atmosphere of tension and violence that exists between the prison inmate population and staff. We are very concerned about the level of tension between staff and inmates at Attica. We understand that the facility houses a substantial population of individuals convicted of violent offenses and that there are important security concerns, but the inmate population at Attica is not significantly different from other maximum-security prisons in the state. We believe that this higher level of tension at Attica is due in part to the facility s history, which influences the attitudes of both staff and inmates. We recommend that facility staff take steps to alleviate this tension, potentially through additional trainings for correction officers and regular meetings with 15 This assessment is based upon DOCCS data collected in response to the federal Prison Rape Elimination Act (PREA) which requires the federal Bureau of Justice Statistics to evaluate allegations of sexual abuse by staff and by inmates. The CA analyzed DOCCS staff sexual abuse data for each facility for the period Forty percent of survey respondents described staff-inmate sexual abuse as common at Attica, compared to an average of 12% at all CA-visited prisons. 17 Thirty-five percent of Attica survey respondents reported frequently experiencing an abusive pat frisk and 78% described them as occurring frequently throughout the prison, compared to an average of 24% and 49%, respectively, at all CA-visited prisons

9 the ILC. Line staff should be encouraged to engage inmates in more positive interactions and any allegations of harassment, threats or excessive use of force should be swiftly investigated and result in prompt disciplinary action if substantiated. Furthermore, we recommend that the administration reconsider whether it is necessary for staff to escort inmates throughout the facility with their batons unsheathed. Inmate-Inmate Relations Attica inmates reported a relatively high level of inmate-inmate violence, with the facility ranking sixth worst of all 29 CA-visited facilities for frequency of inmate fights and seventh worst for survey respondents personally being involved in a fight; however, 57% of survey respondents stated that the level of violence at the facility was average in comparison to other prisons. 18 According to DOCCS statistics, Attica ranked in the bottom third of all maximum-security facilities and worse than all but one medium or minimum-security prisons for frequency of recorded inmate-on-inmate assaults for 2007 through The facility recorded eight such incidents from January through March 2011 and 22 in 2010, up from 18 UIRs in Inmates indicated that personal conflicts and the stress of being in prison were major causes of tension among inmates; however, gangs were also a significant cause of inmate fights. Gangs and Drugs Gangs and drugs were more prevalent at Attica than at many other facilities and may contribute to the high level of violence in the prison. Attica ranked in the bottom third of all CAvisited prisons for presence of gangs and contraband drug use. Staff with whom we spoke described gang activity as a common source of tension between inmates at the facility, even explaining that many inmates do not go to recreation in the yard due to gang presence. Staff explained, however, that the level of gang activity at Attica has remained relatively unchanged over the past several years. Eighty-eight percent of survey respondents described it as at least somewhat common, ranking the facility the seventh worst prison out of all 29 CA-visited prisons for prevalence of gang activity. 20 Seventy-seven percent of survey respondents stated that gang activity was at least somewhat a source of violence at the facility, ranking Attica the ninth worst prison out of all CA-visited prisons for likelihood of gang activity leading to violence. 21 Seventy-seven percent of Attica survey respondents described contraband drug use as common within the prison, with 27% of survey respondents describing drug use as at least somewhat more common at Attica than other prisons. 22 Attica also ranked the ninth worst facility 18 Sixty-one percent of survey respondents reported that inmate fights occur frequently in the facility and 39% reported being in a fight with another inmate at least once, compared to averages of 39% and 30% at all CA-visited prisons, respectively. Thirty percent of survey respondents stated that the level of violence at Attica was worse than at other prisons. 19 This assessment is based upon DOCCS system-wide data for UIRs for assault-on-inmates incidents from 2007 through Compared to an average of 75% of survey respondents describing gang activity as at least somewhat common at all CA-visited prisons. 21 Compared to an average of 61% of inmates at CA-visited facilities who identified gang activity as a cause of violence at least somewhat. 22 Compared to an average of 19% of inmates at CA-visited facilities who described drugs as more common than other prisons and ranking Attica 7 th of 29 CA-visited prisons for drugs being more common

10 out of all CA-visited prisons for the prevalence of drug use as a source of violence, with 47% of survey respondents identifying contraband drug use as at least somewhat a source of violence. 23 Protective Custody Prisoners who feel that they are vulnerable or may be potential victims among general population inmates may choose to be housed in Protective Custody (PC). Additionally, the Department may also determine that an inmate would be at risk in general population and place him in Involuntary Protective Custody (IPC). Reasons why inmates might be housed in PC include conflicts with other inmates and gangs, or the particular nature of their criminal case. There is minimum contact between PC inmates and the general population and typically, for ease of administration, inmates housed in PC are placed in cells next to one another in a particular area of the facility. The Visiting Committee toured the PC unit and received surveys from 12 PC inmates, 92% of whom stated that they felt at least somewhat safer in the Attica PC than in general population, 42% much safer. Fifty percent of Attica PC survey respondents reported feeling safer in the Attica PC unit than in other PC units throughout the Department. Similar to inmates in disciplinary confinement, PC and IPC inmates spend the majority of their time in their cells; they are allowed three hours out of cell per day for recreation, showers, phone calls, or visits. Seventy-five percent of PC survey respondents reported going to recreation frequently. Attica does not permit recreation on the gallery, similar to several other facilities, and inmates must go outside for recreation. The PC recreation yard is a small area with a basketball court, weights, showers, and one telephone. We received numerous complaints that there was only one telephone in the yard, and survey respondents explained that this was a constant source of tension for inmates, often leading to arguments and fights. Nearly half of all PC respondents reported being involved in a physical altercation with another PC inmate at least once; however, only 9% stated that altercations occur frequently in PC. We suggest that facility administrators install at least one additional telephone in the PC yard, as this might alleviate tension and conflict among inmates. At the time of our visit, there were no programming options for PC inmates aside from a cell study program, in which two survey respondents participated. Additionally, due to their restricted movement, PC inmates may only receive law library materials delivered to their cells, and 63% of survey respondents were unsatisfied with these materials. We are greatly concerned about this high degree of idleness and recommend that facility administrators explore methods of bringing additional therapeutic, educational, and vocational programming and materials to the housing unit. Inmate-staff relations appeared to be more satisfactory in the PC unit than in other Attica locations, with 33% of survey respondents describing inmate-staff relations as good, 25% as bad, and 42% as equally good and bad. When asked to describe the most common forms of abuse on the unit, PC survey respondents cited verbal harassment, threats and intimidation, and retaliation for complaints. Twenty-seven percent of survey respondents reported frequently hearing about physical conflicts between inmates and staff, and 40% reported frequently hearing about verbal 23 Compared to an average of 37% at CA-visited facilities who identified drug use as at least somewhat a cause of violence

11 harassment. We were concerned to find that 40% of PC survey respondents had heard about sexual abuse by staff throughout the unit at least once, and 56% percent described these confrontations as consisting of abusive pat frisks. These inmates are housed on the unit to seek protection during their confinement, and we are concerned that such a high percentage, albeit lower than in the general population, experience threats, abuse, and harassment. We recommend that facility administrators review these allegations and ensure that all security staff are trained to manage this potentially sensitive population. PC survey respondents were generally dissatisfied with medical care, with 50% rating it as poor, 25% rating it as fair, and 25% rating it as good. When asked to explain their ratings, survey respondents complained of long delays for medical callouts, delays and changes in medication, and that providers just didn t care. 24 Despite these complaints, 83% of PC survey respondents reported being able to access sick call at least sometimes, though 50% reported frequently experiencing delays for medical callouts and a total of 75% said they experienced delays at least once. Survey respondents rated sick call nurses more favorably than doctors, with 33% rating nurses as good and 25% as poor, and 25% rating doctors as good and 50% as poor. Although we recognize that delivering programs and services remotely can pose an administrative challenge, PC inmates are not in PC for punitive reasons. Therefore, we urge the prison administration to make every effort to ensure that PC inmates receive all essential services at rates comparable to the general population. Discipline and Disciplinary Housing Special Housing Unit (SHU) Nearly half of all Attica general survey respondents reported having received a misbehavior report while at the facility and 15% reported having been in Attica s SHU. The SHU held 83 inmates at the time of our visit and had a capacity of 116 inmates. We received 24 surveys from Attica SHU inmates. These survey respondents had spent a median of three months in Attica s SHU and had a median SHU sentence of 12 months. As described above, we are extremely concerned about the high number of violent incidents between inmates and staff and significant levels of harassment and intimidation at Attica, and the SHU is no exception. SHU surveys illustrated an atmosphere of overwhelming isolation and intimidation. Sixty percent of SHU survey respondents described inmate-staff relations as very bad, significantly higher than 42% of all SHU survey participants at CA-visited SHUs, ranking Attica in the bottom quarter for poor inmate-staff relations. 25 Forty-four percent of SHU survey respondents reported being in a physical confrontation with staff at least once and 67% of Attica SHU survey respondents reported being frequently harassed by staff, ranking the facility in the bottom third of all CA-visited SHUs for frequency of harassment. 26 We asked survey respondents to describe the most common forms of abuse in the SHU, and Attica inmates described physical assaults as common at the fourth highest rate and verbal harassment as 24 Half of all PC survey respondents reported experiencing delays receiving medication refills at least once and 30% reported experiencing problems receiving mental health medications. 25 The term disciplinary confinement areas includes all facility SHUs and keeplocks for which we have data. 26 Compared to an average of 30% of SHU survey respondents at all CA-visited SHUs experiencing a physical confrontation with staff at least once and 47% of SHU survey respondents frequently experiencing verbal harassment

12 common at the highest rate of all CA-visited SHUs. Theft or destruction of property, threats from officers, and retaliation for complaints were also common forms of harassment at rates significantly higher than most other visited SHUs. We are also particularly concerned about the high number of SHU survey respondents who reported some form of sexual misconduct by staff. A majority of Attica SHU inmates reported sexual assault as a common form of abuse, a rate much higher than all CA-visited SHUs. 27 Sixtythree percent of SHU survey respondents reported frequently hearing about sexual abuse in the SHU, 84% reported that sexual abuse was not limited to abusive pat frisks, and 45% reported frequently hearing about sexual abuse other than pat frisks. Abusive pat frisks were also a problem in the SHU. Forty-five percent of Attica SHU respondents stated that they had experienced an abusive pat frisk while in the SHU. Of the 29 SHUs we surveyed, Attica SHU survey participants had the second highest rate for reporting abusive pat frisks as a common form of mistreatment on the unit. We recommend that facility administration ensure that security staff are trained to administer proper pat frisks and institute harsher punishments for staff who are conducting themselves in an inappropriate manner. Installation of video cameras throughout the SHU may be one remedy for this serious problem. Attica inmates utilized the one-hour out-of-cell recreation time at a rate lower than nearly any other CA-visited SHU, with 68% reportedly not going to recreation. SHU survey respondents reported that some of the reasons they did not attend recreation were that they do not have the proper attire to go outside, recreation is offered in the morning before breakfast and food gets cold while they are outside, and officers sometimes enter their cells when they are out to recreation. Numerous survey respondents reported that they do not attend recreation because they are afraid of being assaulted on their way to or from the outdoor pen. Since this is the only time these individuals are allowed to leave their cells, we recommend that the administration examine ways of encouraging inmates to utilize recreation by providing the proper attire for the weather and installing cameras on the route to and from the recreation pens. The Visiting Committee received a significant number of complaints regarding medical care from SHU inmates during our visit, and surveys echoed those same concerns. Three-quarters of Attica SHU survey respondents rated overall medical care as poor, a rate worse than nearly all CA-visited SHUs. Similarly, almost 80% of Attica SHU respondents reported frequently experiencing delays in accessing care, a rate higher than all but two CA-visited SHUs. SHU survey respondents satisfaction with medical providers themselves ranked the facility in the bottom fifth of all CA-visited SHUs, with 74% of survey respondents rating them as poor. We asked survey respondents to explain their ratings of medical care and reasons included that medical staff did not seem to care about individuals they were treating and that someone would have to be dying before they received attention. Survey respondents also repeatedly mentioned that meetings with medical staff were not confidential and often held within hearing range of security staff. Attica SHU survey respondents also reported experiencing retaliation by security staff for filing grievances regarding medical care. 27 Thirty-two percent of Attica SHU respondents reported sexual abuse as most common, 53% said it was common and only 16% assessed it as not common, compared to the 5%, 13% and 82% for all SHU survey participants. Attica s SHU rated the worse facility for this indicator among the 29 SHUs we have surveyed

13 Nearly three-quarters of Attica SHU survey respondents reported having received mental health care while in the SHU at least once and 70% rated the individual therapy they received on the unit as poor. Sixty-four percent reported that their conversations with mental health staff were not confidential, explaining that security staff sometimes make comments to inmates regarding the subject matter of the mental health interviews. Most alarmingly, 60% of survey respondents had been to the Residential Crisis Treatment Program (RCTP), a short-term observation unit for individuals experiencing a psychiatric crisis, during their current incarceration, and more than 20% had been to the RCTP while confined in the Attica SHU. Survey respondents also reported high level of suicide attempts or self-harm by individuals in the SHU. 28 When asked how often they have attempted to harm themselves, 44% said that they had attempted to harm themselves at least once while incarcerated and a quarter of all Attica SHU survey respondents said they had attempted to harm themselves while in the Attica SHU. When asked to describe the facility s response to attempts of self-harm, the majority of survey respondents reported that there was no response. Attica SHU survey respondents were less satisfied with mail services than at any other CA-visited SHU with the exception of Great Meadow C.F., with only 35% at least somewhat satisfied with these services. Individuals in the SHU are also allowed access to reading materials, law library materials, and cell-study programs, which are run by Attica s library and academic program staff. A porter brings a book cart through the SHU daily, the contents of which are rotated every 60 days. SHU survey respondents ratings for cell study and general reading materials were in the middle of all CA-visited SHUs, although survey respondents were less satisfied with law library materials than nearly every other CA-visited SHU, with 74% not satisfied. 29 Inmates dissatisfaction with law library materials may reflect larger issues with Attica s law library, to be discussed below; however, we recommend that facility administrators take steps to ensure that SHU inmates have timely and sufficient access to up-to-date and relevant legal materials. We also recommend that the facility assess the pickup and delivery of mail to SHU inmates. Keeplock The Visiting Committee also spoke to individuals being held in keeplock, a disciplinary measure whereby inmates confined to their cells for 23 hours a day with limited privileges. Ninety-one inmates were in keeplock at the time of our visit. Sixty-nine percent of survey respondents had been in keeplock at least once while at Attica. We received nine surveys from inmates in keeplock, who had served an average of three months in keeplock and had an average of a four month total keeplock sentence. Attica keeplock respondents reported inmate-officer relationships as being worse than those in the Attica SHU, ranking Attica s keeplock fifth worst of all CA-visited SHUs for inmatestaff relations; however, it ranked in the bottom third for frequency of survey respondents experiencing physical confrontations with staff. 30 Keeplock survey respondents reported that 28 Eighty-seven percent of SHU inmates responding to the question reported acts of self harm by residents in the SHU with half saying these occur frequently. 29 Fifty-seven percent of survey respondents were dissatisfied with reading materials and 74% were dissatisfied with law library materials. 30 Attica keeplock data is compared to all CA-visited SHUs for the purposes of this study

14 physical assault, sexual assault, and verbal harassment were common forms of abuse at rates higher than nearly every other CA-visited SHU except for the Attica SHU. Of even greater concern, keeplock inmates perceived physical assaults to be more common than Attica SHU inmates, and a greater percentage of keeplock inmates attributed incidents of sexual abuse to abusive pat frisks. 31 Attica keeplock survey respondents were dissatisfied with overall medical care and medical providers at rates similar to Attica SHU inmates and were more dissatisfied than fourfifths of all CA-visited SHUs; however, they experienced fewer delays in access to medical care than SHU inmates, ranking Attica s keeplock in the bottom third of all CA-visited SHUs for delays in access. Individuals in keeplock rated the quality of their individual mental therapy much higher than those in Attica s SHU, with three of the four surveyed keeplock inmates rating the care as good or fair. Individuals in keeplock, like inmates in the SHU, also have access to reading and law library materials, cell-study, and recreation. Attica keeplock survey respondents were less satisfied with access to reading materials and cell study than all CA-visited SHUs and ranked in the bottom third for the least access to law library materials. 32 Keeplock survey respondents also reported dissatisfaction with mail services at the fourth highest rate of all CA-visited SHUs and 89% of survey respondents reported being dissatisfied with food. Keeplock inmates did appear to access recreation at rates significantly higher than SHU inmates, with 78% of keeplock inmates taking advantage of the one-hour period outside of their cells. We are extremely concerned about the delivery of services to keeplock inmates and recommend that the facility review its policies for delivering food and other materials to these inmates. INMATE GRIEVANCE PROGRAM Unlike other facilities, Attica contains two grievance offices, one in the front near the administrative part of the facility and one towards the back of the facility. These offices are staffed by two full-time grievance supervisors. The back grievance office is also staffed by five inmate clerks, two elected grievance representatives, and one inmate porter. The grievance supervisor explained that the grievance system is supposed to have one clerk per housing block, but inmates in A-Block and B-Block refused. None of the clerks speak Spanish, although the supervisor with whom we spoke explained that hiring a Spanish-speaking clerk was a priority. Attica inmates filed a total of 1,448 grievances in 2010, a marked decrease from 1,700 grievances in In 2010, the most grieved issues were medical (19% or 276 grievances) and staff conduct (11% or 156 grievances). 33 Staff explained that the majority of the grievances related to staff conduct are from inmates in the SHU. The grievance supervisor estimated that inmates 31 Seventy-eight percent of keeplock survey respondents reported hearing about sexual abuse, and 50% stated that abusive pat frisks were not the only form of sexual abuse; however, 44% reported frequently hearing about sexual abuse other than abusive pat frisks. Forty-four percent of keeplock survey respondents reported frequently experiencing an abusive pat frisk. 32 Eight-seven percent of keeplock survey respondents reported being unsatisfied with the reading material available to them and 100% reported being unsatisfied with cell-study. 33 In 2009, inmates filed a total of 349 grievances related to medical concerns (21%) and 190 grievances related to staff conduct (11%)

15 appealed approximately 60 grievances each month. When asked what is the biggest challenge in running Attica s grievance program, staff explained that often inmates with no legitimate interest in the process and who already know what the response is going to be file grievances in order to exhaust administrative remedies before filing a lawsuit. Staff also explained that staff conduct grievances often result in becoming a game of he said, she said, with no clear resolution. From surveys, letters, and conversations with inmates, it was apparent that most inmates do not find the grievance system to be an effective means of resolving problems, as the vast majority of grievances are not resolved in favor of the inmate, and that the main reason to file grievances is to exhaust administrative remedies. Forty-four percent of Attica survey respondents stated that they had used the grievance system at the facility, and 77% of survey respondents characterized it as poor, with 74% stating that it was worse than at other prisons and ranking the prison in the bottom 40% of CA-visited prisons for effectiveness of the grievance system. Sixty-three percent of all inmates who reported filing a grievance at Attica described being retaliated against at least once for using the grievance system. PROGRAMS Several of the Attica prisoners demands in 1971 related to jobs and programs, specifically that the Department apply the State minimum wage to all institutions, including prisons, that the Department institute realistic rehabilitation programs for all inmates according to their offense and personal needs, that educational programs be improved, and that religious freedom be permitted. 34 As will be discussed below, New York State has come a long way regarding many of these issues; however, inmate wages remain despairingly low. At the time of the Attica rebellion, inmates received between $.30 and $.50 an hour. Today, the inmate pay scale is between $.16 and $.65 an hour, with the majority of inmates making between $.16 and $.25. The Visiting Committee toured Attica s academic, vocational, and Transitional Services (TS) programs. We observed various class sessions and spoke with staff and inmates about the programs. According to information provided by the facility, 44% of Attica inmates had full-time programming (two modules per day), 10% part-time programming, and 29% were idle. 35 This idleness rate is higher than the rate at nearly all the prisons we have visited. Of the 473 inmates assigned to facility jobs at the time of our visit, 60% were assigned to porter positions, where inmates conduct cleaning and maintenance tasks and typically do not learn productive skills that could help them find jobs outside of prison. The facility s two industry programs, Metal Shop and Mess Hall, were both near capacity with 187 and 143 inmates, respectively. Attica ranked in the middle of all CA-visited prisons for job satisfaction, with 74% of survey respondents satisfied with their job at least sometimes. 36 When asked to explain their job satisfaction ratings, survey respondents primarily complained about long waits for job placement or that the facility will not give them a job, and that wages were too low. 34 Attica Prisoners Demands: September 9, Nine hundred fifty Attica inmates were programmed full-time, 210 part-time, and 630 were idle. 36 Compared to an average of 70% of survey respondents at all CA-visited prisons for job satisfaction

16 Academic Programs One crucial issue to the inmates involved in the Attica rebellion was to modernize educational programming. Since New York State requires all inmates without a high school diploma or equivalent to be placed in academic programs, school is available at every prison in the state. The quality and accessibility of academic programming, however, varies from prison to prison, as does availability of post-secondary educational opportunities. With the launching of a college program run by Genesee Community College, Attica stands out as one of the few maximum-security prisons in New York that provides inmates an opportunity for a college education. The classrooms we visited appeared bright and clean, with maps and posters on the walls, and all inmates in the academic program have access to the computer lab. At the time of our visit, Attica employed nine full-time and one part-time teachers. The facility also had two full-time and one part-time vacancies since June 2008 and January 2011, and one of the nine current instructors had been on temporary leave since January None of the academic staff spoke Spanish, although staff explained that the part-time assistant librarian sometimes serves as an interpreter. Attica offers five levels of academic programming, the capacity and enrollment of which is laid out in the table below. Inmates enrolled in Attica s academic program are housed in A and D- Blocks, along with most of the inmates enrolled in vocational programs. Cell study is available for inmates in the SHU, long-term keeplock, PC, infirmary, and some inmates on a waiting list for academic programs. Spanish language materials are available. At the time of our visit, 17 SHU inmates and 78 non-shu inmates were enrolled in the cell study program. Table A Attica s Educational Program Capacity, Enrollment and Waiting List # of Sections Capacity Enrollment Waiting List Total Enrolled + Waiting List ABE Pre-GED GED ESL Multi-Level Total Adult Basic Education

17 Attica has a lower percentage of the population without a high school diploma than other facilities in New York State; however, it also has lower capacity to place those without this degree in educational programming. According to data provided by the facility, 39% of Attica inmates do not have a high school diploma or equivalent, lower than the 43% average system-wide. The ratio of GED class capacity and enrollment to the total number of Attica inmates without a GED is lower than two-thirds of all CA-visited facilities. Sixty-four percent of students who took the GED test in 2009 passed (34 out of 53) and 48% of students passed in 2010 (25 out of 52). Compared to other prisons for which we have data, Attica inmates without a high school diploma took and passed the GED test at rates lower in 2009 and 2010 than most of the prisons for which we have GED passage rates. 38 Genesee Community College initiated its Attica college program in January 2011 and had already been receiving positive reviews from inmates and staff. The program is funded for two years and is conducted in the evenings, three nights a week. Courses offered were U.S. History, English Composition 101, and a college-prep course. Participants must pass an entry exam, have good disciplinary records, and be more than three years from their conditional release date. Candidates must also submit a writing sample. Five inmates were enrolled in correspondence courses with other post-secondary schools. At the time of our visit, 23 students were working towards Associates degrees in science or general studies/liberal arts. Of the seven Attica survey respondents participating in the college program, six rated the program as good. Fifty-nine percent of Attica survey respondents were at least somewhat satisfied with the facility s educational program, similar to the average satisfaction rate at all 29 CA-visited prisons. 39 Survey respondents in the Pre-GED and GED programs generally rated the programs as fair, with inmates slightly more satisfied with the Pre-GED course. 40 When asked to explain their ratings of Attica s educational programs, a large number of inmates stated that teachers appeared apathetic and uncommitted to student progress. We also received a significant number of complaints from inmates that there were not enough educational programs, particularly for those who already had a high school diploma or equivalent. Those who rated the academic program positively said that the teachers were nice and helpful, and that the program was beneficial to those who put the work in. Vocational Programs With a staff of ten instructors, Attica offers an impressive array of nine vocational programs. Two additional positions, instructors for the Plumbing and Heating and Sheltered Workshop programs, had been vacant since early The Visiting Committee was impressed with the vocational area, which was clean and displayed electronic signs made by the program participants labeling every classroom. Vocational resources for Spanish-speaking inmates were scarce, although the Building Maintenance program offered some books in Spanish, and the Printing program accommodated many Spanish speakers. 38 Attica ranked third lowest out of nine prisons in 2009 and second lowest out of five facilities in Compared to an average of 58% satisfaction at all CA-visited prisons. 40 Forty-three percent of survey respondents enrolled in the Pre-GED program rated it as fair and 29% rated it as good. Fifty-seven percent of those in the GED program rated it as fair and 17% rated it as good

18 Table B Attica s Vocational Program Capacity, Enrollment and Waiting List Building Maintenance Custodial Maintenance Capacity Enrollment Waiting List Total Enrolled + Waiting List Electrical Trades Floor Covering General Business Radio & Television Repair Printing Welding Small Engine Repair Total The Visiting Committee visited several vocational programs and were impressed with instructor knowledge and the level of inmate engagement. It takes inmates six months to a year and a half to complete a program, depending on the program and the speed at which the inmate progresses. Staff explained that the inmates in the Intermediate Care Program (ICP) can participate in most vocational programs depending on the severity of their mental illness and ability to cope in the program, but the Custodial Maintenance program was the most accommodating to this special population. Due to the unique schedule at Attica and segregation of the four different housing blocks, inmates without a GED cannot take most vocational programs if they are enrolled in academic programs which are located in a different part of the facility. Some inmates without a GED can enroll in the Electrical Trades program and are permitted to do cell study. Attica survey respondents rated the facility s vocational programs higher than many other prisons, ranking Attica eighth best of all CA-visited prisons. 41 When asked to explain their ratings, many survey respondents stated that they liked the programs, particularly those run by Mr. Foust and Mr. Sherwood, with some stating, Good staff. Well rounded course - enough supplies and books to have hands on training, and I like that it gets me out of my cell to do hands-on activities. Inmates who were dissatisfied with Attica s vocational program complained that only 41 Seventy-three percent of Attica survey respondents were at least somewhat satisfied with vocational programs at the facility, compared to an average satisfaction rate of 64%

19 one class is allowed during a person s entire sentence, materials were outdated and insufficient, and that there were too few spaces and a long waiting list. We are concerned by the fact that the number of inmates on Attica s vocational program waiting lists is nearly twice the number of inmates actually enrolled in the programs, particularly due to the fact that each vocational program takes at least one year to complete. We suggest that the Department fill the two vacant vocational instructor positions, in addition to considering program expansion in order to fulfill the programmatic needs of a higher percentage of inmates. Transitional Services Attica survey respondents rated the facility s Transitional Services program higher than many other CA-visited facilities, particularly the Aggression Replacement Training (ART) and Thinking for a Change (T4C) programs. Attica employed one Transitional Services coordinator and one ART coordinator at the time of our visit, in addition to several IPAs. Attica operates all of the available Transitional Services programs including Phase I, T4C, Phase III, and ART, the capacity and enrollment of which are described in the table below. Along with the traditional classroom sessions, inmates may make use of the Transitional Services office to research reentry resources and other information, which contained resources on housing, HIV treatment, substance abuse treatment, and reentry organizations, in addition to several typewriters for IPA use. Staff informed the Visiting Committee that the IPA has approximately 20 appointments per week with inmates to assist them in finding resources and referrals. Table C Attica s Transitional Services Capacity, Enrollment and Waiting List Capacity Enrollment Waiting List Completed 2009 Completed 2010 Completed 1/11-3/11 Phase I T4C Phase III ART Total Phase I, the general introduction to DOCCS policies and life in prison, operates at Attica in the afternoons Monday through Friday, for a period of two weeks. Phase II has been entirely phased out as T4C has been running at the facility for two years. Four of the counselors at Attica are trained to facilitate the T4C course; however, only one course was running at the time of our visit and operated on Tuesday and Thursday mornings for a duration of 22 sessions. Higher than any other CA-visited prison, 70% of all Attica survey respondents were at least somewhat satisfied with T4C Compared to an average satisfaction rating of 58% for T4C at all CA-visited prisons

20 Phase III is available to inmates who have less than 120 days until their release date and operates four days a week for six weeks. Inmates in Phase III do not leave the program with a typed resume; however, the class covers basics of resume creation and inmates are encouraged to make an appointment to use the library s Career Zone program to complete a resume on their own time. Transitional Services staff will assist inmates who do not have a copy of their birth certificate or Social Security card to obtain these documents; however, according to staff, most inmates get these documents well before they enter Phase III. One hundred and forty-eight Social Security cards and 224 Birth Certificates were given to inmates at Attica in 2010, an increase from 143 and 181 in 2009, respectively. Many survey participants provided positive reviews of their class time and appreciated the assistance of peer facilitators and IPAs. Half of all Attica survey respondents were at least somewhat satisfied with Phase III, ranking the facility in the top third of all CA-visited prisons. 43 Attica operates two separate ART programs to cater to different populations in the facility. One ART program operates Monday through Friday and the other program operates one or two days a week for a longer period of time, allowing inmates with other academic or vocational program assignments to participate. Survey participants generally liked the instructor and gave the program positive reviews, finding the behavior management skills curriculum to be interesting, useful and applicable to real life situations. Third highest of all CA-visited prisons, 74% of Attica survey respondents were at least somewhat satisfied with the facility s ART program. 44 Many inmates who participated in our survey complained that the resources provided were not useful, outdated, or that there were not enough referrals for those inmates that live outside of the New York City area. We encourage the facility to ensure that reentry resources are up-to-date and relevant to inmates being released to a variety of locations. Furthermore, given the extremely long program waiting list, we encourage them to explore ways of expanding the program. Recreation and Other Programs In 1971, Attica inmates demanded that the Department give them true religious freedom, less time in their cells and better recreational equipment, and that the Department remove the inside walls of the quartered yard, making one open yard. Forty years later, Attica s yard remains divided into four sections; however, today inmates are afforded many opportunities for religious freedom and expression. Recreational opportunities have significantly improved, although idleness at the facility remains a problem. According to a list provided by facility administrators, inmates may participate in Baptist Bible Study, Elim Bible Study, Protestant Bible Study, Meditation, Cephas prison ministry, creative writing, and the Vietnam Veterans program. Additionally, chaplains for several different major religions, including Islam and Judaism, run regularly scheduled worship services and religious festivals, and are also available for individual religious counseling. During our December 2011 call with prison officials, we were pleased to learn that the facility has implemented a Lifers Offender Organization, which is a mentoring program that 43 Compared to an average satisfaction rating of 48% for Phase III at all CA-visited prisons. 44 Compared to an average satisfaction rating of 64% for ART at all CA-visited prisons