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,. , " .. r- lj Winter 1991 1

Contents VOL. 2, NO.1. WINTER 1991

3 The Log Special Report 30 Working the Morning' 300~ Correctional notes and comments 10 Inside Soviet / ocxYf ~ Watch Meeting Death in A report by the U.S. delegation John A. Mattsen A unique portrait of a correctional "Quality sleep" is all too often an elusive The First Offenders' Program goal for both inmates and staff. Here are system-and a nation-in transition. at FeI La Tuna some practical guidelines for achieving Innovations in Satellite Feeding it-especially for shift workers. Wartime Precautions

24 Involuntary TreatmentI'), IOOOY, Bill Burlington The courts are increasingly involved in ~ome of the most difficult treatment ;sues prison administrators have to lake. 38 Ethics and Prison J 0005 I Administrators en ·E J. David Newell (j) Q; ....,a: 0. A philosopher offers a framework for t) en e. ·s~ ethical decisionmaking in corrections. Q) CT u ~ .~ E enQ) Q) >. <> en c en ~ ....,a:* a: t)z .9* iii'" :5'" ....,'" 0 Cii ~~ c 'w ~ ·E 53: (1 00 c-o.c Cii c n'~ 0 .,,0.",>- 00 15 ~u Z o.Q) Q) ~£ :5 11'0 oS 1:C t!.~ Winter 1991 JeCDLfe 11

Inside Soviet Prisons

Office of the Procurator General. Both The criminal justice system is not Penal reforms and the meetings were unusually candid, as insulated from these radical changes. To changing Soviet society Soviet officials were anxious to learn the contrary, the government is making he Ministry of Internal about the U.S. prison system and to hear great efforts to improve its criminal Affairs is now restructuring our comments and criticisms regarding justice system while simultaneously its penal system. Minister their prison system. facing the challenges of justice admini­ Bakatin emphasized two principal goals stration in a rapidly changing society. for penal reform. First, there must be a The Soviet Government's gracious balance between the rights of assistance afforded us the opportunity to According to the Minister of Internal and the rights of victims. learn a great deal during our 6-day stay. Affairs, Vadim Bakatin, there are The Soviet correctional system has more currently 761,000 inmates in the Soviet Second, the historic orientation of the in common with the U.S. system than Union, held in 2,100 labor camps or prisons must be changed. In the past, any of us had anticipated upon arrival. prisons throughout the U.S.S.R. In prisons in the have been Nevertheless, the visit was short, and addition, approximately 200,000 pretrial used to fulfill Soviet production quotas. there is much left to learn. We hope that and unsentenced prisoners are in deten­ Societal goals for ­ future official interchanges will enable tion facilities (called "investigations retribution, rehabilitation, deterrence, and the two countries to share information prisons") and 160,000 alcoholics are incapacitation-were subverted by the about the challenging problems of committed to 250 treatment facilities. need to produce goods and services for administering a humane prison system. Soviet society. Now, according to Assuming that these figures are accurate, Minister Bakatin, the traditional purposes The Soviet correctional the number of prisoners in the Soviet of imprisonment must supersede the system today Union is roughly comparable to that in nation's productive needs. Thi~ will be the U.S., relative to the size of the total I---~F undamental transfOlmations achieved through decentralization-both populations. That comparability is I are taking place in Soviet of the administration of prisons and of relatively recent, however; until 1985, l __.___ Government and society. the Soviet economy. the Soviet prison popUlation was 1.6 million-double what it is today. The Ministry of Internal Affairs is working with the Soviet Parliament to reform criminal and penal laws. The first phase included an amnesty for nonviolent and political prisoners, as a result of which half the prison population was SIBERIA released. As a result of these reforms, the prison popUlation was reduced from 1.6 million in 1985 to its present 761,000.

Today, the care with which this amnesty was implemented is being called into question as the Soviet Union experiences a very rapid increase in the rate. The crime rate climbed 31 percent last Photos for this article year and is now increasing at a rate of • courtesy of various members • of the U.S. delegation. 20 percent. Translation assistance by Kitty Urban. An obvious explanation for this increase in crime is that certain offenders who pose a danger to society were inadver- 12 Federal Prisons Journal

tently released in the amnesty. In a single organizational structure for the classification system markedly different addition, as Minister Bakatin noted, administration of the entire Soviet from our own. The labor camps are changes in all aspects of life in the Soviet corrections system. divided into four different "regimes": Union, including economic and political ordinary, strengthened, strict, and special. changes, the questioning of traditional The Soviet Department of Corrections is The regimes are apparently not distin­ values, and the resurgence of ethnic within the Ministry of Internal Affairs; guished by security considerations, but nationalism, have generated greater the Director of the Department reports to by the inmates' access to certain privi­ willingness on the part of Soviet citizens a Deputy Minister. The Department is leges. The number of letters, packages, to challenge authority. Increased ultimately responsible for the 2,100 labor and visits per year to which the prisoners expectations on the part of Soviet citizens camps and the small number of prisons are entitled varies according to regime. and an impatience with the pace of operating in the Soviet Union and In addition, the prisoners' daily caloric economic reforms contribute to the oversees the 400,000 employees working intake is adjusted downward as the growth in crime. Finally, just as the for the Department of Corrections severity of the regime increases. has a high rate of drug­ throughout the system: However, much related crime, the Soviets have a severe of the responsibility for operating the Most of the 761,000 prisoners are problem with alcohol. Indeed, we were penal system has been transferred to sentenced to labor camps. There are, in told that 30-40 percent of regional authorities in the 15 republics of addition, a small number of facilities, committed in the SOViet Union are the U.S.S.R. Whereas in the past there perhaps no more than six, that the Soviets alcohol-related. were 1,000 officials at the Central label "prisons." The prisons are reserved Department Headquarters in , for the most serious offenses and difficult According to Minister Bakatin, the there remain only 148. offenders. Prisoners there are housed in climate in the labor camps and prisons cellblocks, and the regimen is harsher has deteriorated since the release of Prisoners in the Soviet Union are than in the labor camps. nonviolent offenders because only the assigned to labor camps and prisons by a most dangerous prisoners remain; The court in the Soviet Union, instead of 350,000 of the 761,000 Soviet prisoners 'The Department of Corrections is also responsible the Department of Corrections, deter­ are second- or third-time offenders. for the nation's mental hospitals, which have been mines a 's classification, and it is much criticized by human rights groups in the past, Accordingly, Soviet prisons are increas­ particularly with respect to the treatment of Soviet part of the sentence. The more severe the ingly difficult to administer. Yet the dissidents. offense, the more severe the regime. Ministry at the same time is anxious to proceed with its second stage of re­ forms-the humanization of the prison system, with a greater emphasis on reeducation and rehabilitation.

Changes in prison administration '.'J he Soviet Union has a ::.:1 centralized legal system, L___ and all law is national law. Unlike the United States, the Soviet Union has no state governments, each with its own laws and administrative and political bodies, although reforms are moving in the direction of greater regional authority. Accordingly, there is U.S. delegation members with local officials and officials from the Ministly of internal Affairs. Left, Jack Eckerd; third from left, Elizabeth Fine,' center, J. Michael Quinlan; third from right, Margaret Love; secondfrom right, Charles W. Colson. Winter 1991 13

Repeat offenders are also likely to be Soviet Prisons-Usually appeared run-down and the physical placed in a more stringent regime. Soviet Humane, Sometimes Grim setting was rudimentary and grim. law provides for a maximum sentence of Nevertheless, there were clear indications Perm 29 15 years' confinement for any offense, that the facility was orderly and though a death sentence may also be ~--p erm 29 is a 34-year-old efficiently run. ~~. "strengthened regime" imposed. We were told that about 30 to rL_ in the Soviet 40 executions took place last year. Once The tour took us through educational region of Perm. The Perm region has 13 a prisoner is sentenced, the Department fJ'ti:ilities, where all inmates study to penal facilities: one educational colony of Corrections identifies the specific complete the 10 years of schooling for children; three women's colonies; a facility for the prisoner's sentence from required of all Soviet citizens, and where strict reinforced labor camp, Perm 35; among those in the specified regime. training in various trades was offered for two ordinary regime labor camps; four Policy favors placement of prisoners in prisoners who had no profession. As in strict regime camps, and the two facilities close to their home and family. all Soviet penal institutions, the educa­ sirengthened regime camps, including tional staff works not for the Ministry of Perm 29. Three camps have been closed The Office of the Procurator General Internal Affairs, but for the Soviet as prisoners have been released in recent serves as a general oversight authority in educational authorities. years. the Soviet penal system, much like an Inspector General's role in the U.S. As a strengthened regime labor camp, At the time of our visit, there were 900 Officials from the Procuracy have the prisoners were entitled to 2,800 calories a inmates at Perm 29, which has a capacity right to enter any prison and investigate day. (This compares with a diet in a U.S. of 1,300. According to the prison cases in which prisoners' rights may be , which is not based on commander (who led the tour of the violated. While on the one hand, the calories, but on nutritional content.) The facility and then hosted us for discussion, Procuracy's role is to contribute to the dining room had some tables at which cognac, chocolate, and tea), 800 of these defense of the weakest, according to the inmates would have to eat standing up. prisoners have been convicted of crimes Deputy Procurator General, its official According to the commander, it cost against a person and about 380 of position is one of neutrality. In addition, approximately 1 ruble a day to feed each murder. the Soviet Parliament, with its expanded prisoner. At an exchange rate of 6 rubles authority, will begin to exercise oversight to the dollar, the per capita expenditure Despite the fresh paint that we could of the Ministry of Internal Affairs, and for food amounted to less than 17 cents smell throughout the institution and the thus over the penal system. per day. In addition, prisoners were fresh gravel covering the mud in the permitted to spend 25 rubles a month in fenced-in yard, the prison facilities the prison shop, which sells some foods and items such as toothpaste.

We also toured the library, where there was a local radio station run by a prisoner; the auditorium, used for films and assemblies, and in which the commander indicated there had been a very well-attended religious service only days earlier; and the fenced-in courtyard and dormitory housing unit, where we had the opportunity to talk briefly with inmates. CuriOUSly, inmates seemed puzzled about the existence of a library Above: Margaret Love. J. Michael Quinlan, or the opportunity to h'1':OW books from and Minister of lnlel'/la/ Affairs Vadim Bakatin. Right: The gate at Perm 29. 14 Federal Prisons Journal

it. Also, no prisoner confirmed that there Taking into account the spartan condi­ recently been released as part of a had been a religious service earlier in the tions, the dark, harsh cells, nationwide amnesty program. Perm 35 week. and questions about prisoners' access to attracted international attention when it library facilities and religious services, opened in 1972 because of its high Prisoners wore black uniforms and had the camp's conditions and programs were concentration of prisoners who were shaved heads, and a high degree of generally better than what we had classified as "prisoners of conscience" by discipline was evident. The 900 men expected. Although primitive relative to international human rights groups and were divided into separate housing units. standards for correctional institutions in concerned governments. The National The dormitory unit housed 169 inmates the U.S., conditions of confinement at Geographic Society and the 60 Minutes in crowded, but neat, double-bunk beds. Perm 29 were humane and not substan­ news team reported on the severe Men in the unit's recreation room sat in dard relative to the surrounding commu­ conditions at this "" in the weeks an orderly fashion watching television. nity. The facility was clean and orderly, preceding our visit. Even with just a few A few reading materials were available, and administered in a professional remaining prisoners, Perm 35 is a living including a newspaper written for the manner. remnant of the Soviet past, and for that labor camps across the country. There reason was worth the lengthy trip. was no evidence of any other recreation Perm 35 facilities or activities, either inside or Previous foreign visitors to Perm 35 ""·-:--"-·~(;I t takes about 6 hours to outside the housing unit. II·;~l drive, over snow-covered focused on the plight of specific impris­ L-"-_.___ roads, from the city of Perm oned individuals. We did not revisit the The Soviet officials were quite accom­ to the infamous labor camp Perm 25, question of whether the prisoners were modating and agreed to show us the high in the Ural Mountains. A.M. properly confined, but, rather, examined punishment cells, even though they were Rosenthal of the New York Times and a the conditions of confinement. not on the scheduled tour. Punishment representative from Helsinki Watch were cells are referred to as "schizo's" the first Americans to visit this prison, in Our most immediate impression of Perm (pronounced sheezo) in the Soviet Union. late 1988. Congressmen Wolf and Smith 35 was its desolation. Amidst the The isolation area was easily identifiable returned there in August 1989. snowdrifts, there was a small inmate not only by its darkness, but by its popUlation of 22 prisoners and a staff of stench. The commander offered to open Perm 35 is a "strict regime" labor camp 40. This contrasted markedly with up any of the dozen cells at random. with a capacity of 400 prisoners. (At its another labor camp, several kilometers Each punishment cell was 12 square peak, the prison held 250 inmates.) At down the road, where 1,000 prisoners meters in size, and would house up to the time of our visit, only 22 prisoners were held and there were signs of a four prisoners for 1 to 15 days, although were held there. Other prisoners had bustling industry inside the barbed-wire officials said the average stay is about 5 fences. Moreover, according to the Perm days. Officials here repeatedly men­ 35 prison commander, nine inmates were tioned that prisoners are rarely placed alone in punishment cells because isolation is considered too grave a punishment. Benches for sleeping are folded up against the wall during the day and taken down at night. Prisoners can sit only on iron benches during the day. The cells have toilet facilities. and running water is made avaihibll! at 7 a.m. daily.

Above: A worker in the Perm 35 factO/yo Right: Ell route to Perm 35. Winter 1991 15

scheduled for release and an additional temperature inside the living quarters We spoke with a number of prisoners in three were being considered for early was comfortable. The residential facili­ the visiting area in the presence of release. The commander said he would ties were roomy but rudimentary, and journalists (including a television camera certainly recommend that the camp be there was little in the way of recreational that accompanied the delegation through­ closed rather than remain open for the activities-just a weight room of sorts out the tour) and prison administrators. other 10 prisoners, although the decision and a room with a television set, although We had asked if we could conduct will be left to the Minister of Internal the remote location would undoubtedly interviews in private, but were told that Affairs. interfere with the reception. "it is the law" that the administrators listen in. We first visited the factory, where half a The remoteness of Perm 35 raised dozen prisoners worked on heavy questions concerning the availability of Prisoners told us about a number of machinery under equally heavy supervi­ medical care. The labor camp had little problems with conditions in the camp. sion. According to the commander, in the way of modern medical equipment. One prisoner indicated that it is impos­ prisoners at Perm 35 work 8 hours a day, An operating room and a dentist's chair sible to avoid infraction of the rules (and 6 days a week, and have 1 hour to rest looked like remnants of the 19th century. therefore spending time in the punish­ before dinner. It was impossible to talk There was, we were told, a full-time ment cell). He reported that since with any inmate freely; correctional doctor on staff. Congressman Wolf's August 1989 visit, officers quickly appeared when we struck he had been placed in isolation five up conversations with prisoners, and at The commissary shop for prisoners was times. Another prisoner told us that he least one prisoner who conversed with us well stocked, with canned goods, had been in the punishment cell continu­ met with clear disapproval from the cookies, cigarettes, socks, toiletries, and ously for over a year; a third indicated guards. writing materials; prisoners could spend that his stay in the "schizo" now ex­ 10 rubles a month and supplement their ceeded 6 months. There were also Everything about the labor camp re­ 3,OOO-calorie-per-day diet. In the reports that family visits are often denied flected its small population. In contrast apartment-like family visiting area, and that prisoners have not received to the crowded living quarters at Perm prisoners are allowed to receive 3-day incoming mail. Finally, we noted that all 29, the Perm 35 residence had two conjugal family visits once each year. the Perm 35 prisoners were very thin. spacious rooms with only nine cots to a Only three members of the delegation room. Other prisoners were confined to were permitted to see the punishment We had a number of concerns regarding the "schizo" or punishment cells, and two cells--one small cell and one larger one the conditions of incarceration at Perm prisoners were ill in the infirmary. The where two prisoners were held. The 35. First, the camp is located in a remote larger cell had food on a table and many area, far away from many prisoners' newspapers. Again, at the time of our families. This is compounded by the visit, the temperature in the cells was restrictions on mail and family visits. In comfortable. addition, to the extent that confinement to the "schizo" is used routinely for minor infractions, the practice would not be acceptable in the United States. Nor would the long periods of confinement in the punishment cells. In addition, if facilities are not adequately heated, or punishment cells are intentionally kept at cold temperatures (as we were told is the Above and right: Scenes at Perm 35. The case), ,;onditions would be inhumane by postel' reads: "Work better to increase U.S. Btandards. productivity and quality." 16 Federal Prisons Joumal

On a positive note, the prison was orderly more difficult cases may stay for up to 1 We spent more time touring the prison and neat, and the prisoners were occu­ year. In addition, there is a work cadre museum than walking around the prison pied. Yet Penn 35 has a reputation that of about 120 sentenced inmates. facilities. will survive the camp itself. Many prisoners believe that they are unlawfully Unifonn rules govern all "investigations The prison was indeed a fortress. Every imprisoned, and should not have to abide prisons"; as the commander explained, door was solid and one could not see into by the same rules as those convicted of these prisons serve several tasks: to or out of the cells or rooms. Prisoners property crimes or crimes of violence. provide the authorities with all possibili­ inside the cells could call staff by We were encouraged by indications that ties for investigation, to insulate society pressing a bell. The delegation was the labor camp may be closed in the near from dangerous criminals, and to prevent shown an empty cell on the prison's future. escapes. special block that would accommodate one to five persons and an empty Butyrka Investigations Prison Roughly 60 percent of the prisoners in punishment cell, located in one of the Butyrka are held in common cells, each comer towers. Regular cells are :{;,:)W ~ next.vis~ted th~ But~rka accommodating 20-25 persons, while 40 equipped with toilets, radios, mirrors, and f.~ , InvestigatIOns pnson In L_"_, Moscow, one of the oldest percent are in 1-5 person cells. Men are running water. Prisoners leave their cells prisons in the Soviet Union. Butyrka is separated from women, repeat offenders for showers every 7 days, and at that time located in an ancient fortress that was from first-time offenders, those who the bedding is changed. These and other used by for military committed "hard" crimes from those prison rules are posted on every cell wall. purposes. It was converted for use as a involved with less serious crimes, and prison in 1787 and as such has housed adults from juveniles. In addition, all Punishment cells at Butyrka hold many well-known figures. prisoners who are "inclined to excesses" prisoners in . are separated. Unsentenced prisoners can stay up to 10 Butyrka was slated for demolition in the days and nights in the cells, and sen­ late 1950's. However, the Government We were given a detailed description of tenced prisoners for 15 days. On instead built an apartment house adjacent the prison, but actually saw very little on average, about seven prisoners are held to the prison to block any view of it from the tour. There were virtually no in the punishment cells at any given time. the street. The Butyrka prison is now a prisoners to be seen anywhere in the historical landmark and the prison institution (with the exception of one On the way into the prison, there are commander repeatedly explained the prisoner pressed with his face against the holding cells-really, closets-that are difficulty he faces in gaining approval for wall on the stairwell as we passed and renovations from the Goverr.ment one or two others who were in transit). bureaus charged with protecting historic buildings. A 10- to I5-million ruble renovation has, however, finally been approved.

According to the commander, the number of prisoners at Butyrka totaled "a little more" than the facility's 3,500 capacity, and included about 450 women. Those detained at Butyrka are awaiting trial or transfer to another prison, and in some cases prisoners who are material wit­ nesses in a trial are held at Butyrka. The average stay is 4 to 6 months, although

Above and right: A dormitory and bathroom at Perm 35. Winter 1991 17

not used as punishment cells, but would were like. When the tour ended, we Mozhaisk 5 certainly serve the same purpose. We commented that with more than 3,500 1-;;-"--0 ur next stop was a 40-year- were informed that prisoners typically prisoners, it was curious that as few as 2 l-' old colony for women at spend I hour or so in these "cells" while or 3 prisoners had been seen during the L___ Mozhaisk, a suburb of they are sorted for assignment to an area entire tour. The commander explained Moscow. Mozhaisk 5 is one of approxi­ in the prison. Nonetheless, we felt that that it is forbidden by law for anyone to mately 80 colonies for women in the these closet-cells had the potential for see unsentenced prisoners, but agreed to Soviet correctional system, 40 of which grave abuse. bring us back into the prison, where we are commanded by women. Mozhaisk 5 met with one sentenced prisoner who had is headed by a male commander and two In the medical facility, prison officials been elected by his fellow prisoners as female assistants, who led the tour of the proudly displayed their Soviet-made X­ supervisor for the 120-prisoner work camp and who impressed us with their ray machine. The tour continued through cadre. After a brief chat and a tour of the knowledge and professionalism, and their an area in which the commander told us living area for the sentenced work cadre, extremely comfortable and supportive that behind each of the solid, closed the commander led us out of the prison interaction with prisoners. Most of the doors, investigators were meeting with through a side door. 380 military and civilian employees at prisoners and working on criminal the camp were women. investigations. Finally, we were given a Why did the Government allow us to very detailed tour of the prison museum. visit the prison, but place such severe The 900 women prisoners at Mozhaisk 5 restrictions on what we could see, in have been convicted of more serious In short, we saw empty cells, closed stark contrast to the openness of the two crimes than had been the case for women doors, and relics, and had no opportunity Perm facilities? We could only speculate in the past. Typical crimes today include to see how prisoners lived in the institu­ about the reasons for this secretiveness, state and property offenses, offenses tion or what conditions of confinement and surmised that they must relate to against the person, and murder. Half of conditions inside the cell areas, the all women in Soviet ,:risons are serving lengths of time prisoners are actually time for property offenses. Women held before trial, and the nature of the convicted of lesser crimes now have their charges. In addition, we were unable to sentences postponed and are essentially confirm with inmates any of the staff's placed on probation. Those who fail to assertions about access to counsel, obey the conditions of their probation are visitation, and other pretrial rights. sent to a labor camp such as Mozhaisk 5. While prisoners can be sentenced to Mozhaisk 5 for anywhere from 6 months to 15 years, the average sentence is 3.5 to 4 years, and prisoners range from 18 to 70 years of age. In fact, we were surprised by the number of in the camp.

This year, the Soviet Government is conducting a bold experiment in seven women's colonies, including Mozhaisk 5. In addition to a new policy of awards-expanding the number and size of parcels women can receive, extending Above: Perm 35. Right: A dormitOlY at visiting privileges, and adding a 12-day Mozhaisk5. furlough-it makes special provisions 18 Federal Prisons Journal

for women who are mothers. Mothers tion building, samples of children's also seemed to chat freely with the are considered the heads of households, clothes that prisoners had made were prisoners. At one point a prisoner and under this experimental program, displayed on the classroom walls. The handed the commander a note with initiated in March 1990, pregnant women dormitories were crowded, but walls specific requests; he approved two and are released from prison at the time of were covered with colorful posters and turned down one. childbirth and allowed to stay with the drawings, and pillows, curtains, and family until the child is 3 years old. At cloths were all hand-embroidered by the The medical clinic was filled with that time, if the mother has behaved well, prisoners, who apparently took great care activity; we were told that the focus in the court decides whether to cancel the with their surroundings. Women on a medical treatment was on preventive original sentence or lessen its severity. dinner break sat in the television room or care. At the time of the visit, there were All women at Mozhaisk 5 are eligible to in the outside courtyard talking in small a number of prisoners in the clinic participate, provided they are not repeat groups. In the auditorium, several awaiting outpatient care and 19 inpatient offenders and are not sentenced for women rehearsed for an upcoming prisoners who were anxious to find out particularly violent or serious crimes. concert-one stood at the piano singing from the delegation or Soviet authorities along with an accompanist. The library if there was any news about when they While we were not intimately familiar was centrally located, well stocked, and would be released. General V.N. with Soviet culture and norms, we felt apparently well used. We took particular Kremenesky, a Deputy Chief in the that this experimental policy could note of the poster-sized prison newspa­ Department of Corrections who accom­ unwittingly encourage pregnancies. This per, hand-made by prisoners and contain­ panied our tour, indicated that an policy would be very controversial in the ing original articles and artwork. An amnesty plan was awaiting approval at U.S., particularly if, as in this experimen­ artist showed us many previous editions the Ministry. tal program, conjugal visiting privileges of the newspaper, stored in a room at the were extended to nonfamily members. In library. A high point of the tour was the dining addition, male prisoners in the United room, where we partook of the prisoners' States would claim that women were We talked easily with all the prisoners soup, meat, kasha, and fruit tea. Women receiving preferential treatment in we approached. One woman who spoke prisoners and officials appeared to enjoy violation of the equal protection require­ English commented that she did not our visit; one prisoner sat with us as we ments of the Constitution. consider this to be prison, but a place sampled the cuisine. where she lived and worked, although it Mozhaisk 5 was without doubt the most was not her home. The administrators impressive facility the delegation toured in the Soviet Union. Two members of the delegation had toured prisons throughout the world and found the level of prisoner morale and the administration of the prison to be among the best that they had seen anywhere.

While there were trees, birds, and signs of spring inside the labor camp com­ pound, much was also done by both prisoners and administrators to make the camp a humane place. Personal touches Left: The clothing factory at Mozhaisk 5. were evident everywhere. In the educa- Above: Lunch in the cafeteria at Mozhaisk 5. Winter 1991 19

Most notable, however, was the prison administration randomly opened the door compassion and discipline, order and industry. On the day of our visit, the 300 to one of the cells; inside were five personal freedom, and opportunities for or so women in the factory were making women dressed in nightgowns who were women to improve themselves, improve clothes for servicemen at railway apparently as surprised to see us as we their surroundings, and keep productively stations. There was music playing; we were to see them. One prisoner was occupied during their sentences. The were told that prisoners decide whether particularly disturbed and began crying visit to Mozhaisk 5 convinced us of the music should be on or off and what kind uncontrollably. The prison administrator importance of providing prisoners with of music should be played. The women tried unsuccessfully to calm her. The real opportunities for productive employ­ wore head coverings to comply with delegation was told that the young ment. Moreover, the administration safety requirements and worked for net woman was in the "schizo" for refusal to showed concern for creating a humane earnings of 90 rubles a month. In work, although insolence, fighting, or environment. addition, they could receive good-time stealing from other inmates typically credits and increased earnings for landed prisoners in the punishment cells Mozhaisk Children's Colony production in excess of their quotas. At for up to 15 days-sometimes for '~-~D ur final visit was to the least 50 percent of each woman's protection from retaliation by other -- highly disciplined earnings is kept by the administration to prisoners. t___ children's colony in pay for living, food, and clothes. Some Mozhaisk. There are 89 juvenile funds are deducted to repay victims of Our stay in the "schizo" ended abruptly facilities in the Soviet Union; a total of property crimes. when the young woman's crying turned 28,000 juveniles are in custody. Six of into a hysterical episode or seizure. We the camps are for girls and four are for While overall morale in the colony commented that continuous confinement serious, violent juvenile offenders. The seemed excellent, we found the punish­ in the dark punishment cell for up to 15 Mozhaisk children's colony holds ment cells to be somewhat disturbing. days could have very deleterious effects. roughly 400 boys, aged 14-18, and Mozhaisk 5 has about 12 punishment The consequences could be lessened, provides them with education and cells, and the prison officials noted that however, if, as the administration professional training. All of the boys they are used only as a last resort. The indicated, the women are not left in the were serving time for property offenses. cells all day, but get out to work and Sentences were 3 years on average, exercise in the punishment area although most are released after complet­ compound. ing one third of their sentence.

Notwithstanding the concerns about the There are two general categories of punishment cells, we found the institu­ juvenile prisons in the Soviet Union: tion to be very well run, with a balance of one, including Mozhaisk, is for first-time offenders, and a second is for juveniles with previous records. Most first-time offenders are not sentenced to prison, but are given probation, and would only be sent to a colony such as Mozhaisk for violation of probation.

None of the Mozhaisk juvenile prisoners had been sentenced for violent crimes. Above: Working on the prisollllewspaper at Yet the atmosphere and physical sur­ Mozhaisk 5. Right: Courtyard at Mozhaisk 5. roundings at the colony were extremely basic. Boys were dressed in brown and black uniforms, some with red armbands, and most had shaved heads. About 300 20 Federal Prisons Journal

of the boys were in school in the prison, company, this boy was in solitary ties visited would be considered substan­ completing their 10 years of education, confinement, and was clearly disoriented dard in the U.S. For example, whereas or are in professional school learning after 5 days in the cell by himself. Federal prisoners and most State prison­ steelworking, mechanics, or the assembly ers have virtually unlimited access to of radio equipment. The boys in the While not a nurturing, supportive showers, Soviet prisoners can shower classroom were shy about striking up environment, the chiidren's colony at only once a week. However, the stan­ conversations, although several had Mozhaisk was highly structured and dard of living in the Soviet Union is questions regarding U.S. facilities for disciplined. The boys there seem to have substantially behind that in the U.S. juveniles. the opportunity to learn a skill and to Inmates in prison cannot live better than spend their time productively. The citizens in the surrounding community. Prisoners were involved in production at colony may instill some discipline in the Based on living conditions that the the prison's six assembly plants and are youths, most of whom seemed to have delegation observed in Moscow, Perm, required to work 4 hours a day if they are been sent there for stealing cars. Yet the and Mozhaisk, prison conditions ap­ under 16 years of age and 6 hours a day regimen was severe for juveniles who are peared appropriate relative to community if older. After the administration deducts primarily first-time property offenders. standards. expenses, the boys were left with 40 to 50 rubles a month. The boys worked General observations and • Prison industries. together energetically and persistently in lessons for the U.S. A prominent theme that emerged in our teams on assembly lines, and were visit was the importance of prison hile we did not discuss in rewarded for production in excess of r,:i\'::'W ' industries; 82 percent of Soviet prisoners ,~ . advance of the visit what their quota. In one factory, boys as­ _ each of us expected Soviet are so employed. Mindful of the fact that sembled light sockets; in another, prisonsr to be like, we agreed that in labor should not be used as punishment, loudspeakers. certain respects, conditions in the and of the volumes that have been institutions we visited surpassed our written on the brutal work conditions In contrast with the school and industry expectations. More surprisingly, we imposed in the past on Soviet prisoners, sections of the prison, which were all were able to compare the two nations' the delegation was nonetheless favorably cement, the residential area had trees and prison systems and develop some ideas impressed with the compulsory work picnic tables. Still, the boys live in for the American correctional system. regimes at Perm 29, and at the women's barrack-styled housing and there was and children's camps in Mozhaisk. little evidence of any recreation, other • Conditions of confinement. Prisoners appeared productively em­ than a television room in each dormitory. Living conditions at many of the facili- ployed in work that did not appear either

Tall fences surrounded the residential and industry sections of the prison to prevent escapes. Escape attempts were reported to be quite common; in fact, there was a boy in the punishment cell for an attempted escape. Unlike other prisons, where administrators made a point of noting that it is too difficult for a person to be alone in a punishment cell, and where administrators intentionally housed prisoners in groups-even in punishment cells-to provide them with Winter 1991 21

to be exploitive or generally regarded by with the positive effect that the Soviet history are again being used as places of the inmates as a form of punishment. prison industry program has on morale, worship. Similarly, the Ministry of discipline, and administration that it Internal Affairs has begun to implement The difference between U.S. and Soviet returned with a renewed commitment to new religious freedoms in prisons; we prison systems with respect to prison increasing employment opportunities for applauded these advances in our meeting industries is somewhat ironic. Whereas American inmates. with Minister Bakatin. the Soviet Union has a problem of a shrinking prison workforce, the U.S. iI Prison regimes. Prison administrators stated that prison­ faces the difficult challenge of creating Soviet prisons and camps are divided into ers could freely practice their religion. enough jobs for the rapidly growing "regimes," distinguished in part by the The members of our delegation associ­ inmate population: The tales of exertion number of letters and visitors prisoners ated with were given in Soviet gu\ags contrast greatly with can receive each year, and by the number permission to hand out in the complaints of inmate idleness in many of calories each inmate can consume prisons visited. While it is unclear to U.S. prisons. "Factories within fences," each day. what extent prisoners actually have a goal that American correctional access to religious ceremonies inside the institutions strive to achieve, is a reality We had serious concerns about the use of prisons, the opportunity is there for in the Soviet Union. food and family communications as a outside religious groups to hold services. form of punishment, and raised the issue Currently, about one-third of qualified of limitations on mail and visiting rights • Oversight ofprison administration. Federal prison inmates in the U.S. are with Minister Bakatin, who noted that We noted the positive trend toward employed in industry programs, and just these are remnants of the old Soviet greater oversight of the administration of 5-10 percent of State inmates. The system that have yet to be revised. the prison system. Currently, the delegation was sufficiently impressed Supreme Soviet member Golik, another Procurator General has a certain degree of the officials who met with us, indi­ of oversight and review of the Ministry cated that new laws were being written, of Internal Affairs. Yet there is a need 'In contrast to the Government funds used to run and questions such as ours would be for greater openness and public scrutiny prisons in the U.S., Minister Bakatin indicated that the entire operating budget for Soviet prisons in addressed through penal law reforms. of corrections. The Soviet parliament is 1989 was raised through prison production, and the developing its oversight role as it obtains full appropriation was returned to the Government. • Religious freedoms. greater autonomy from the executive For years, the beautiful cathedrals in and branch of the Government. New around Moscow have been without freedoms for the press and greater press decorative crosses on their steeples. That independence are contributing to the is now changing; the churches that were concept of public accountability on the for a long time museums of Soviet part of administrators. In fact, a televi­ sion news crew and newspaper photogra­ pher accompanied us into two prisons .

• Punishment cells. A number of the punishment cells that the delegation saw were harsh, dark, and unpleasant. While prisoners are gener­ ally sent to punishment cells for no more than 15 days (although at Perm 35, at least one prisoner had been in the Mozhaisk Children's Colony: Left, at work in the prisonfactO/y; above, outside security; punishment cell for over a year for right, a classroom. refusing to work), we felt that conditions 22 Federal Prisons Journal

are unnecessarily punitive. In contrast to their high degree of discipline. Prison­ write to the Procuracy to seek relief for procedures in Federal prisons, we learned ers' neat manner and appearance-for misconduct on the part of administrators of no administrative process to ensure example, prisoners' shirts were buttoned or others violating their rights. * Admin­ that prisoners are not arbitrarily or up to the collar and their heads shaven­ istrators must forward all prisoner mail to inappropriately sentenced to punishment tidy dormitories, and regimented sched­ the Procurator's office within 24 hours. cells. ule evidenced a high degree of orderli­ Regional Procuracy offices receive about ness. Inmates watching television sat in 75,000 prisoner claims and letters each On the one hand, the Soviet authorities rows. Prisoners with whom we spoke year, although the Central Department displayed concern for the prisoners in were quick to stand and respond politely. Headquarters in Moscow receives only punishment cells and hold them in groups 11-12,000 letters, most of which are of four or five to a cell, as loneliness and • Family visiting. appeals of decisions by lower authorities . isolation are considered the greatest Family visits are limited to as few as one punishment of all. On the other hand, or two a year or as many as five or six a We learned of no mechanisms for prisoners are often deprived of natural year, depending on the nature of the prisoners to seek redress directly within light, and the benches for sleeping are regime.* Certain visits, however, extend the Ministry of Internal Affairs, such as pressed against the wall during the day, for 3 days and 3 nights. During these exist in U.S. prisons. Such administra­ leaving prisoners with only metal stools long family visits, the prisoners stay with tive relief mechanisms could be very for sitting. their families in apartment-like areas useful in resolving disputes internally, inside the prisons. While U.S. Federal unless prisoners would hesitate for fear • Levels of unrest. prisons allow more frequent family visits, of retaliation. While we did not see evidence of unrest there are no conjugal visits. We encour­ in the prisons visited, Soviet officials aged the Soviet Government to allow • Medical care. noted that unrest and riots are on the rise more frequent family visits, and came Medical facilities generally appeared as the concentration of violent prisoners away with an interest in exploring anew rudimentary. Moreover, according to the increases. Correctional staff have the issue of conjugal visitation. Deputy Procurator General, inadequate increasingly been taken and the authorities are grappling with how to • Administrative remedies. address this problem. According to the Office of the Procura­ • Although if an inmate is found to be at fault instead of an administrator, the inmate may be tor General, prisoners have the right to punished. In meeting with the Deputy Procurator General, we reviewed recent prison riots in the U.S. and the lessons learned about "Juvenile camps allow somewhat more frequent family visits. In addition, the women's camps are the use of force to counter prison experimenting with extra visitation privileges. rebellion. Since the Attica State prison uprising, the policy in Federal prisons has been to avoid use of force because it leads to greater bloodshed. Currently, the policy in the Soviet Union is to use force to counter prisoner rebellions .

• Discipline. While Soviet officials discussed the problem of prison unrest, the prisons and prisoners we visited were notable for Left, A washroom at Mozhaisk Children's Colony. Above: A classroom at Perm 29. Winter 1991 23

medical care is a chief complaint among Soviet Government still does not degree of innovation and commitment prisoners. The Procurator's office, adequately respect human rights. will ideally be applied to men's facilities however, does not view medical care as a Accordingly, prisoners' rights and as well. serious problem, as many individuals prisoners of conscience were a compo­ arrive in prison with "damaged health." nent of the official American delegation's Future steps in U.S.-Soviet visit. Mr. Colson raised a concern about criminal justice relations While medical care was of interest to us, the incarceration of prisoners of con­ there was insufficient opportunity to science at Perm 35 in our meeting with E.R" · .··D veran, we were encouraged £!l .. :. with the course of Soviet explore this issue in depth. It would be the Ministry of Internal Affairs. How­ . . --.-:. prison reforms and found useful to learn more about the medical ever, Minister Bakatin was not receptive many positive elements in the current care afforded to prisoners in future to the discussion, and defended the administration of the Soviet prison exchanges, especially since the issue Soviet Government's imprisonment of system. Mr. Quinlan invited Soviet poses many difficult questions for individuals who have violated Soviet officials to continue their discussion administrators in the United States. law. about prison administration by visiting the United States. _ Prisoners oj conscience. _ Women's penaljacilities. While we did not focus on the question Soviet officials are experimenting with The entire visit was extraordinarily of prisoners of conscience, we did visit some bold reforms in women's prisons, educational, and a very positive, friendly Perm 35, which has been noted for the and while certain experimental policies relationship was established. The Soviet political nature of its prisoners' offenses. would be controversial in the United and U.S. governments and their respec­ Moreover, the U.S. Government and States, the fact that the Government is tive prison systems are certain to benefit Members of Congress, including Repre­ attempting to improve conditions in from the delegation's visit and from sentative Wolf, are concerned that the women's prisons through reforms and future discussions regarding mutual innovations is encouraging, The same efforts to improve criminal justice. _

J. Michael Quinlan is Director of the Federal Bureau ofPrisons. Elizabeth Fine is Counsel to the Subcommittee on Courts, Intellectual Property, and the Administration ofJustice, Committee on the JudicialY, U.S. House of Representa­ tives. Margaret Love is Associate Deputy Attorney General, U.S. Department of Justice. Charles W. Colson is Chairman of Prison Fellowship International. Jack Eckerd is a member of the Prison Fellowship International Board of Directors.

Above: The operating room at Perm 35. Right: Religiolls symbols have been restored to Moscow cathedrals.