Journal of Criminal Law and Criminology

Volume 63 | Issue 2 Article 6

1972 Inmate Rights and Prison Reform in Sweden and Denmark David A. Ward

Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons

Recommended Citation David A. Ward, Inmate Rights and Prison Reform in Sweden and Denmark, 63 J. Crim. L. Criminology & Police Sci. 240 (1972)

This Symposium is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. TEE JOURNAL OF CRnIMNAL LAW, CRIMINOLOGY AND POLICE SCIENCE Vol. 63, No. 2 Copyright © 1972 by Northwestern University School of Law Prilnted in U.S.A.

INMATE RIGHTS AND PRISON REFORM IN SWEDEN AND DENMARK

DAVID A. WARD*

Sweden's Osteraker prison outside of Stockholm ing sessions between inmates representing all is a walled, maximum custody facility for 195 Swedish prisoners and representatives of the Na- prisoners. Confined in Osteraker are men who tional Correctional Administration. These meet- have committed serious crimes, such as homicide, ings were held after the inmates at Osteraker had robbery, and sale of narcotics; recidivists who did staged a hunger strike that ultimately spread to 1 not "profit" from terms in open institutions; half of Sweden's 5,000 inmates. and men who escaped from open institutions or Several weeks after the list of proposals made did not return from home leaves. This prison was at Attica were published in The New York Times, the site, in early 1971, of unprecedented bargain- I took a copy with me on a visit to Osteraker with * Professor of Sociology, the University of Minne- an American judge. During the tour we met with sota. The materials upon which this paper is based were the eight members of the inmate council. These gathered while the author was a Fulbright Research Scholar in Sweden and Denmark during 1971. I wish men had been elected by their fellow prisoners, to express my thanks for their assistance in arranging and the leader of the group was an articulate black trips to prisons and meetings with National Correc- American. The inmates informed the judge and tional Administration personnel and in obtaining printed materials and reports: Gunnar Marnell, me that the discussion would be tape recorded- Director of the Eastern Correctional Region, Sweden; "for our records." I proposed a comparison of the Norman Bishop, Chief of Research of the Swedish Na- complaints made by the Attica inmates with the tional Correctional Administration; Ulla Bondeson, Department of Sociology, Lund University; Professor concerns of inmates at Osteraker, and the council Thomas Mathiesen, Institute of Social Research, Uni- members were enthusiastic about the opportunity versity of Oslo; Professor Karl Otto Christiansen of the Institute of Criminal Science, University of Copen- to compare notes with some fellow prisoners in hagen; Bent Paludan-Miiller Director of the Danish America. They were not prepared, however, for Staff Training School; Superintendents Anderson and the primitive level of-some of the Attica prisoners' Heilbo of the Danish State Prisons at Renbaek and Kragskovhede; Catherine Djurclou of the Swedish complaints. Fulbright office and John Berg of the Danish Fulbright It has been many years since Swedish prisoners Office; and to Solveig Premack for translation assist- were concerned with such problems as "adequate ance. I "Open" prisons were introduced in Sweden after food, water, shelter"; "true religious freedom"; a revision of the penal code in 1945. Under this medical treatment." 2 "reform": and "adequate The cellular system was abolished and treatment With regard to the Attica proposal that the in open institutions introduced as a normal form minimum wage be paid for prison work, the Swed- of imprisonment. By open institutions is meant ish inmates remarked that their wages also needed institutions lacking surrounding walls, grill work or other security measures. About a third of the improvement and that the National Correctional prison inmates are at present in open institutions. Administration still had not taken action on a There has been no intention of abolishing closed institutions, but the Correctional Administration long-standing proposal for inmates to be paid is making efforts to enlarge the use of open insti- wages comparable to those in the free world. In- tutions. The serving of longer prison terms is begun mates at Tillberga, one of Sweden's factory pris- in closed institutions, the prisoner being transferred later, if possible, to an open institution. One who ons, may earn up to $30 a week, but men in non- misbehaves in an open institution is returned to factory prisons, of which Osteraker is one, are paid a closed one. Regardless of the type of institution, on a piecework basis at about one-fourth of the the law has specified that the execution of the sanc- tion shall aim at the inmate's re-adaptation to factory rate. society. Aside from disciplinary measures, no meas- With regard to other Attica demands the council ures may be taken which inflict suffering on pris- members agreed that there were some prison oners in addition to the mere loss of liberty, which is considered -to be afflictive enough. Considering administrators who were making an effort to pro- the usually terse and severely factual Swedish style vide "realistic and effective" rehabilitation pro- of legal draftsmanship an unusual statement is found in the text of the code, namely that prisoners grams and that progress (with inmate pressure) shall be treated with consideration for their human had been made in bringing about an adequate dignity. 2 I. STRAHL, TE PENAL CODE or SWEDEN 7 (1965). N.Y. Times, Sept. 13, 1971, at 71, col. 1. 19721 INMATE RIGHTS IN SWEDEN AND DENMARK education program. Approximately 25 per cent of requires immediate attention. There was also the inmates at Osteraker go to school for which agreement that they could be "politically active they receive about the same hourly wages as men without intimidation or reprisal." who work in the prison's shops. Several of the issues raised by the Attica pris- The Swedish prisoners felt that they could oners were not relevant to the Swedish prisoners. have private legal assistance when they wanted Even where they were engaged in hunger or work it, and they also had the right of all Swedish citi- strikes, they said they had never felt pressed to zens to bring complaints about prison officials the point where they considered taking staff mem- (or any other government agency or official) to bers hostage, let alone injuring them. Neither the national Ombudsman. Criminal, conviction guards nor inmates carry weapons in Swedish and imprisonment in Sweden does not result in prisons. Perhaps for these reasons the Swedish loss of civil rights. Inmates may vote in elections inmates were not concerned about protection from while in prison. "physical punishment by the staff," being held The rights of inmates to have conjugal visits "incommunicado," or being "kept in isolation." and home leaves will be reviewed in more detail Since the Osteraker men engaged in no "criminal" later in this paper, but it can be noted here that actions during the hunger strike, there was no Osteraker inmates may have any person as a cor- issue of new criminal charges being filed against respondent and visitor, including ex-prisoners who them. have been discharged from parole. There are no Another demand involving disciplinary pro- physical obstructions to separate the inmate and cedures at Attica asked for a "30-day maximum his visitor at Osteraker such as Attica's "visitation for segregation arising out of any one offense." screens." While foreign prisoners subject to de- Confinement in the segregation unit at Osteraker portation may not be granted home leaves and was regarded as rather uncommon by the inmates, furloughs, all Swedish prisoners, including those but when it did occur,-it was usually limited to serving life sentences, have these rights. seven days and generally lasted two or three days. Furthermore, Osteraker inmates may communi- At the conclusion of our review of the Attica cate by telephone and uncensored mail with mem- demands when it was evident that virtually none bers of their families, lawyers, and newspaper of them applied at Osteraker, there was a brief reporters. Inmate council members may call and silence until one inmate council member said: write their counterparts at other prisons. "I'm ashamed of the kinds of problems we have Another Attica proposal asking for the end of to discuss here compared to the problems the censorship of newspapers, magazines, and other American inmates have." publications has already been implemented at The inmates at Osteraker realized that com- Osteraker. pared to inmates at Attica and other American All Swedish prisoners have the right to establish prisons they were well off, but neither they nor an "inmate grievance commission which is au- other Swedish prisoners are happy prisoners, and thorized to speak to the administration concerning prison reform is as big an issue in Sweden as it is grievances and develop other procedures for inmate in the United States. Prison reform in Sweden participation in the operations and decision-mak- certainly has a longer history than it does in Amer- ing processes of the institution." I Members of ica, and reform is kept a national issue by KRUM1, the Osteraker Inmate Council stated that they met a well-organized group of some 5,000 ex-inmates, regularly with staff representatives and that legiti- students, and intellectuals. The concept which is mate issues for discussion included staff actions useful in understanding why Swedish prisoners pertaining to individual inmates and disciplinary who have won the demands being asked by Amer- policies and practices. ican prisoners feel that they have such problems The council members when questioned further is "relative deprivation." Swedish prisoners have in this particular matter agreed that there is no more, much more, as will be seen, than their Amer- issue, with the exception of specific security mat- ican counterparts, but the millennium has not ters, that could not be brought up for discussion been reached in Sweden. An examination of some with the prison administration. They also have of the current controversies over prison reform the right to meet with the prison governor (war- provides evidence that humane prison conditions den) personally on short notice when an issue and the presence of many rights which are denied 3 Id. to almost all American prisoners has not produced DAVID A. WARD [Vol. 63 prisons where inmates are content. In the following Aliens Act 3 section we shall also consider the rights of Danish Others 10 inmates and the direction that prison reform has taken in that country. 100% First, some general characteristics of these two ... A check of the correctional clientele as of April 1, 1970, revealed that 22 percent of insti- prison systems will be described, after which a 4 tutionalized offenders were narcotics addicts. more detailed discussion of rights considered es- sential by all prisoners--conjugal visiting and The average daily population of 5,000 prisoners home leaves-will follow. In the last part of the is distributed throughout 48 open and dosed pris- paper, the current status of prison reform efforts ons, 12 jails, 12 youth institutions, 10 internment in Sweden and Denmark will be reviewed. institutions (for "habitual" criminals), and one closed prison for women. Drunken drivers are SOME GENERAL FEATURES OF THE SWEDISH housed in the open prisons, as are some youth PRISON SYSTEM offenders. Drug sellers, persons convicted of crimes The 1970 Report of the National Correctional of violence, and recidivists are to be found in the Administration states that: dosed prisons. At any one time approximately one- third of all prisoners are in open prisons. But Swedish correctional institutions currently have Swedish inmates in closed prisons, no matter how a capacity of 5,923 inmates, 3,979 of them in closed severe their criminal records, do not find them- institutions and sections and 1,944 in open in- selves in buildings that have anything like the stitutions and sections. capacity of American prisons. Kumla prison, built During the 1960's the number of crimes that came to the attention of the police almost doubled in the mid-1960's, has a rated capacity of 435 (the reaching approximately 500,000 per year at the average population in 1970 was 344) and was con- end of the decade. At the same time, however, the struct.-d with a system of tunnels and T.V. moni- number of persons in correctional institutions re- tors to allow for freedom of movement without mained relatively constant-an average of slightly guards within the prison. The furor raised by the more than 5,000 persons per day. This was due in press and prison reform groups over the size of the part to an increased use of sentences other than prison was such that construction of an identical deprivation of liberty. As a result, there was also facility at Osteraker was stopped after half of the an increase in the number of difficult cases among 5 prison had been completed. There is an ancient the institutional clientele. A committee within the Department of Justice 4 NATIONAL CORRECTIONAL ADMINISTRATION, KRI- is engaged to forecast trends in criminality. The MINAL VARDEN 1970, 9, 10, 12, (1971). 1 According to Jorgan Jepsen of the Danish Prison projection for 1976 with 1970 as a base year in- Admpinistration, the Swedish prison reform group, dicates an increase from 500,000 to 600,000 crimes KRUM, played an important part in the struggle to known to the police or an average increase of 3 have Kumla rejected as a model for other Swedish percent per year. prisons. [V]exed by increasing numbers of escapes from The institutional population is expected to be the old institutions, in particular the old and tough constant. The non-institutional clientele is ex- "Langholmen" in Stockholm, the former Director- pected to increase with 1000 clients per year after General had designed and built an escape-proof, some years stagnation. super-mechanised, work dominated institution at Kumla, soon renowned for its seven-metre tall In 1970, 10,546 persons sentenced to imprison- umbrella-handle wall, its TV camera supervision ment were admitted to correctional institutions. of doors and walks, and its long, subterranean cor- About 66 percent of the newcomers were sentenced ridor from the inmates' living quarters to theirwork to less than 4 months deprivation of liberty and places. In the attempt at preventing escapes and saving manpower, the "system" had succeeded in 10 percent to at least 1 year. The average length making the logical end product of prison thinking of sentence was 158 days. The admitted persons are so manifestly absurd, that it had to go wrong. distributed after principal offense in the following Behind an endless number of doors with signs say- way: ing "chief physician," "psychiatrist," "doctor," etc. there was-nobody. Slashing one's wrist be- Drunken driving' 37% came the main access to seeing the region's sole Larceny 23 psychologist. And the mixture of drunken drivers, Violence 11 swindlers and petty larceny offenders with tough Fraud 7 recidivists in this institution crowned the mistake. The plans for creating four to six such prisons in Drug Act 5 various regions of Sweden ought to go wrong, but Refusing Military Service 4 it took a massive attack from inmates, social 19721 INMATE RIGHTS IN SWEDEN AND DENMARK

prison, Langholmen in Stockholm, with a capacity in a Swedish prison is approximately $12,000 com- of 421 (average population in 1970, 437) which has pared to recent estimates of S2,500 per year in a been in the process of being tom down for many California prison and $1,966 for the United States years. This prison, however, serves primarily as average.8 a jail or holding facility for persons awaiting trial. In 1970, 10,546 persons were admitted to Swed- Hall, the prison for habitual offenders, can hold ish prisons. Approximately 6,000 of the total were up to 285 men in its closed sections, and there are admitted for less than two months. These were four other institutions with capacities of 200-250 mostly drunk drivers. Calculation of average men.6 Swedish prisons holding even several hun- prison terms in Sweden includes this category of dred inmates are considered scandalous by prison prisoners, and thus any comparison of average reformers. The sheer management and deper- sentences with United States prisoners is mislead- sonalization problems that go with confinement ing. It can be said that only ten percent (1,039) in American prisons which hold thousands of men of those admitted in 1970 had sentences of one are not problems for the great majority of Swedish year or more and only two percent had sentences prisoners, particularly when the proportion of of two years or more. staff members to inmates is also considered. Few Swedish prisoners seem to spend their Kumla prison, Sweden's largest closed institu- terms filing appeals and writs in efforts to question tion, has a rated capacity of 435 inmates (but an their convictions. Part of the explanation for this actual population in 1970 of about 340). There are difference with their American colleagues is that 406 staff members, including 156 guards. Osteraker short sentences make the effort less worthwhile, prison in the summer of 1971 held about 140 in- but another part of the explanation seems to lie mates, but had a staff of 170, including 75 guards. in the greater belief by Swedish inmates in the For example, secretarial work is done by free world justice of their criminal justice system. Compared" personnel rather than by inmates, six free world to American prisoners few complaints are heard female staff members work in the kitchen, and the about harassment, deception, and discrimination fifty or so inmates who work in the prison shops are by the police, prosecutors, and judges. The effi- supervised by three foremen and five assistant ciency and speed with which most cases are proc- foremen. essed (weeks compared to months in America), In all Swedish prisons, as indicated, there are the availability of legal counsel for all and ready at any given time upwards of 5,000 inmates. Super- access to the national Ombudsman for investiga- vision over them is provided by 4,700 staff mem- tion of grievances against any or all of the criminal bers (not including the headquarters staff of the justice agencies involved in an arrest and subse- National Correctional Administration) making a quent prosecution give inmates a sense that they nearly one-to-one staff inmate ratio. This is in have some recourse when actions taken against contrast to the ratio of staff to inmates in the them are felt to be unfair, illegal or discriminatory. United States. The President's Commission on Furthermore, charges of racism which prompt Law Enforcement and Administration of Justice Blacks, Chicanos and Indians in American prisons reported that some 71,000 employees were work- to contend that they are "political" prisoners ing in adult prisons in the United States in which are not heard in Sweden's all-white prison popu- were housed some 363,000 inmates, making a lation. 9 ratio of staff to inmates of one to five.7 The high 8 Id.at5. ratio of staff to inmates in Sweden helps to explain 'The closest analogy in Sweden is the contention of why the cost to maintain an inmate for one year some inmates and prison reformers that Finns who emigrate or come to work in Sweden are more likely to scientists andpublic debate, all centered around the be harassed and arrested by the police. There is a com- action planning of KRUM (which also managed mon Swedish stereotype of Finns as big drinkers who to enlist several of the employees of the prison sys- carry knives and consequently get into trouble. Some tem) to get a public declaration by the Minister support for this view may be gained from the fact that of Justice, that Kumla would not be multiplied else- of the 1,909 foreign citizens admitted to Swedish prisons where. in 1970, 1,122 were Finns, the next highest category Jepsen, KRIM, KRUM, KROM, Oct. 1971 PEisoN being Germans with 132 admissions. Sweden's closest SERVIcE JOURNAL 9 (New Series, No. 4; Eng.). neighbors, Denmark and Norway, contributed 116 and GKmmNA. VARDFN 1970, supra note 4, at 52-53. 107 prisoners respectively. There are, however, many 7 THE PREsDENr's CoMMiSIsoN ON LAW ENsoRcE- more Finns in Sweden than other nationalities. Visitors MENT AND ADnnssRxTT o r JusncE, TASK FORcE also hear quite commonly that many of Sweden's crimi- REPORT: CoREcrnoNs 51 (1967). nal problems are rooted in the emigration of "Southern DAVID A. WARD [Vol. 63

Further avenues for pressing grievances of in Denmark, which house about half of the prison Swedish prisoners in open institutions and in some population, are more restrictive than Osteraker closed prisons such as Osteraker include communi- prison in Sweden. The open institutions are more cating by uncensored mail or directly by telephone open. Some are so "open" that Danes may ask, with the press. Swedish prisoners may, while in "Why bother?" prison, work on books or articles which are critical For example, at the state prison of Renbaek of the prison department. Certainly the most on Jutland, there is no evidence whatsoever of important right won by Swedish prisoners in the usual accouterments of security found in recent years is the right to organize to advance minimum security prisons in the United States- their own interests. The Director General of the no fences, not a single room with barred windows National Correctional Administration has said: or detention -sash. It has been agreed that even the traditional uniform for guards will be ex- According to Swedish law there is nothing to changed for blazers and slacks. (This change will prevent the inmates of penal institutions from soon apply in all Danish prisons.) Each of the forming their own organization. The general free- dom of association applies to them. Likewise there buildings at Renbaek looks like a small motel; is nothing to prevent them from electing bodies inmates may use pay telephones to call anyone within the institutions to further their demands.10 at anytime; the communication system from the guards' office to each inmate's room cannot operate Almost all other rights proceed from this right of without a red light appearing so that the inmate inmates to get together, to organize, and to plan knows that what he says (or does) can be heard; strategies for dealing with their own concerns. in some buildings there are no guards on duty at The impersonality and dehumanizing quality night (the doors to the buildings are locked from of life in big American prisons; the long sentences; 10:00 P.M. to 6:00 A.M.); inmates have keys the brutality and clear commitment to control to their own rooms; there are no restrictions on inmates by arms and physical force; the complaints hours for watching television or visiting in the about inadequate food, housing, medical services, day rooms or rooms of other inmates; food prep- and sanitation are not the issues in Sweden that aration at the prison will soon cease in order to they are in this country. Prisoners in the great permit a well-known hotel in the nearby town of majority of American prisons would say that Ribe to bring cheaper and better food to the in- Swedisl prisoners "have it made." mates; the inmates have their own money and wear their own clothes, but the prison provides SoME GENERAL FEATURES OF Tx DANISH work clothes; going to work or school is not re- PRISON SYSTEM quired, but a man receives no money from the The same general features described above for prison if he decides not to do either; younger the Swedish prison system apply in Denmark- inmates attend ordinary evening 'school in the small institutions, short sentences, high staff/ town, and any man who wishes goes to the church inmate ratios, and a variety of inmate rights and in town; there are no posted lists of rules. The privileges that are still on the lists of demands in-prison visiting and home leave arrangements of American prison reformers." The closed prisons at Renbaek to be described shortly are the most Europeans" to their country. All foreign prisoners, it liberal in Scandinavia. should be noted, have the same rights as Swedish pris- Renbaek's Superintendent Anderson has em- oners to uncensored communication with the Ombuds- barked on a program designed to "remove the man. '0B. Martinsson, Prison Democracy in Sweden, drama" from imprisonment by eliminating as Swedish Information Service Release, April 16, 1971, at 1. tally disturbed offenders at Horsens and Herstedvester. n1In 1967 there was an average of 924 long term The two closed prisons for young male offenders (Ny- (sentence of three months or more) prisoners in Den- borg) and for adult male offenders (Vridsloselille) have mark. Five hundred twenty-eight of these were housed populations under 300. The average cost of maintaining in open and half open prisons. There was an average of a prisoner for one year in a Danish prison is well over 392 juvenile prisoners of whom 224 were in open and $4,000. half open (that is, an open institution with a closed Data on the Danish prison system may be found in section) institutions; there were some 477 other pris- PRIsON DEPART E r, MINIsTRY or JusTicE, Tm oners in workhouses, preventive detention institutions, PENAL SYsTEm or DENMAHE, (1968) and in STATS- or institutions for "mental deviants." Average terms FA.ENGSLETS TRYxEERI I NyBORo, BERETING Ou are reckoned in months for Danish prisoners except FAENGSEISVAESENET I DANmARx, 1965-1966 (1969) for those in the institutions for psychopaths and men- (English summary at 114-23). INMATE RIGHTS IN SWEDEN AND DENMARK many of its traditional punitive features as pos- Letters to inmates are opened, but only in front sible. He doubts whether anything done at Ren- of inmates and only for the purpose of examining baek will reduce recidivism-life in the institution the contents for drugs. There is an inmate council is simply more humane. The principal pains of at Norre Snede which meets monthly with the imprisonment at Renbaek appear to be the stigma superintendent and other staff members. that goes with a criminal conviction and some Kragskovhede, a prison with a staff of 175, limits on a man's ability to come and go as he most of the time contains some 280 recidivists would in the free world. The average term at Ren- in the 21-30 age range. The average time served baek is, however, only two months, and given at Kragskovhede is between five and six months. the "conditions" of imprisonment, the men in An eight-foot-high wire fence surrounds the insti- this institution have so far shown little interest tution, but the main gate is unmanned and open in prison reform. each day until 10:00 P.M. Despite eight-hour The state prison at Norre Snede, also on Jutland, leaves and furloughs, there were 130 escapes from has a staff of 50 and the capacity to house 92 in- Kragskovhede during the first ten months of 1971, mates in buildings of contemporary design. Upon and the superintendent estimated that there would conviction men come to this institution (and probably be 150 by the end of the year. Inmates other open prisons) on their own, usually by train generally climbed out the windows of their rooms, with the tickets given to them by the police. In- went over the fence, and hitched rides on a nearby mates at Norre Snede are not, however, permitted highway. to drive in their own cars to the prison and then The number of escapes in 1971 from Krags- leave them in the parking lot to facilitate week- kovhede attracted the attention of a newspaper end leaves. Inmates are not locked in their rooms in the nearest large city, Aalborg. A reporter visited at night, and there are pay telephones in each the prison, interviewed staff and inmates, and living unit which may be used to call anyone at wrote an article expressing sympathy for the prob- any time of the day or night. The freedom to use lems that the inmates were having that caused telephones has been accompanied by some prob- them to escape. There was no criticism of security lems in that inmates occasionally become upset measures at the prison or of the staff, and those over conversations with their wives or women interviewed agreed that the inmates were not friends. In 1970, there were 25 "escapes" from trying to get away from events or problems in Norre Snede, and there had been 20 more during the prison, but were escaping to something- the first ten months of 1971. Escape is, however, usually to try to deal with some marital or other a disciplinary infraction, and the prison superin- personal problem. In a discussion with several tendent may place an inmate in a segregation members of the inmate council the inmates noted unit for a period of up to six weeks; the average the problems that have come with installation stay is judged to range from two to four weeks. of telephones. Anxiety, they said, is aroused if a In an open prison "segregation" may mean that wife or woman friend does not answer the tele- an inmate is locked up in his own room. This time phone late at night or if she is drunk and "what spent in lockup for escape does not count toward if somebody (a man) answers?" One inmate re- completion of sentence. Inmates escaping from marked, "The guy who has nobody is better off open prisons may be transferred to closed prisons. in prison than the guy who has somebody because Under Danish law if an inmate escapes alone it he has no worries-he only has to think about is not a separate chargeable offense. Escape is a what he'll do when he gets paroled, the other man crime if two or more inmates leave together. It has to worry about his wife." is assumed the latter involves planning, whereas when one man leaves it is regarded as an unplanned Inmate concern about the effects of their im- "sudden action." Escapees in a small country like prisonment on their relationship with family mem- Denmark are, according to the prison superin- bers and women friends is the major issue for tendent, usually picked up within a week. The many Danish prisoners. American inmates and job of hunting escapees rests with the police, not certainly American prison administrators will be with prison staff. disappointed to learn that the extensive visiting Pornographic books and pictures are permitted and home leave rights to be described in the follow- at Norre Snede as they are at all Danish prisons, ing sections have not resulted in prisoners serving but pictures are not to be displayed on the walls. trouble-free time. DAVID A. WARD [V"ol. 63

IN-PRISON VISInNG AND FURLOUGH RIGHTS decide whether the individual inmate can be 2 IN SWEDISH PRISONS trusted to receive a visitor without supervision.'

The hunger strike which occurred at Osteraker In-prison visiting in closed prisons is important in October, 1970 was staged because the prison for long-term offenders who may not be granted administration and the inmate council were unable home leave until a year or more has elapsed from to come to agreement over several matters, in- the time they entered the prison; it is also im- cluding in and out of prison visiting. The main portant for foreigners who may not receive any reason for the strike was not complaints about local furloughs during their entire terms; and it is im- conditions, but to get the National Correctional portant as a supplement to home leaves. But some Administration to agree to negotiate matters of inmates report that their wives or women friends concern to all Swedish prisoners. That point was are not comfortable visiting in the prison even accepted, and unprecedented national negotiations though private rooms are provided. They feel in early 1971 resulted in the granting of more home embarrassed when they pass guards who "know leaves or furloughs and improved visiting condi- what they are there for" or who they think may tions at all prisons. At Osteraker, for example, the regard them as "whores." Most staff members twelve rooms in which inmates received their visi- agree with the inmates that the best place for tors had been furnished with three chairs and a an inmate to visit with his family and friends is table. After the bargaining sessions, it was agreed outside the prison in his own home or a setting of that couches would be placed in each room. Until his choice in his own community. No matter how the recent negotiations, the doors to visiting rooms comfortable prison visiting accommodations, "con- were unlocked and guards could enter the rooms jugal" visiting is already seen as a second choice without prior warning. At present if an officer for use in special cases such as those cited above. needs to speak to an inmate in a visiting room, The 1970 Osteraker strike also was a protest he is to knock and wait at least five minutes for over the restrictions placed on home leaves or the inmate to unlock the door. Inmates are allowed furloughs. The 1971 bargaining sessions resulted two visits per month of up to two hours each, in the inmates obtaining more frequent leaves, and visits may not be cancelled as a result of the longer leave periods, and a shorter period before in-prison behavior of the inmate. Any person the first permission was granted--seven months may visit Osteraker except, in the words of the after arrival instead of ten months. (In open pris- regional prison director, "people who are obviously ons the first permission comes four months after inebriated, known drug pushers, and children commitment. Lifers are eligible for furloughs after between the ages of two and fifteen." Former having served two years.) The first permission is inmates who have completed their parole terms are for a 48-hour period, and furloughs come every to be received as visitors like any other citizen. two months after the first leave and may be ex- Girlfriends are allowed to visit as well as wives. tended to 72 hours. Inmates housed in open pris- The matter of whether the inmate engages in ons who do not come back from a furlough on sexual activity with his visitor is not an issue as time or in some way violate the leave privilege such in Swedish prisons. The former Swedish may be sent to a dosed prison when they are ap- Prison Director, Torsten Eriksson, has described prehended. 13 Inmates in closed prisons who violate the policy regarding visits as follows: the furlough privilege can expect a more difficult time in obtaining their next permission for leave In Sweden we generally allow unsupervised visits 2 in the open institutions. An inmate may take a T. Eriksson, The Treatment of Criminals in Swe- den 5,Sept., 1967 (mimeo, Adelaide). visitor to his private room, whether it is his father, 13Buss reports that among those who "misused" mother, brother, sister, wife, fiance, or someone their leave privilege are men who returned to prison else close to him. Since the inmate has a key to ...in a condition of advanced inebriation. This, his room, nobody pays any attention if he locks the facts reveal, is not a rare occurrence. himself in with his visitor. Moreover unsupervised When one takes this into account, it becomes understandable why a ban on furloughs exists visits in special rooms may be permitted in closed around the Swedish midsummer, Easter, Whitsun institutions also. I do not know whether sexual and Christmas holiday periods, at which time more intercourse occurs during such visits, although I Swedes than normal manifest a particularly strong can always hazard a guess. In our opinion, sexuality thirst. H. Buss, Sweden's Penal Experiments 3, Royal Swedish is strictly a personal matter. We do not ask ques- Ministry for Foreign Affairs, Information Service, tions, we make no special provisions. We merely March, 1970. INMATE RIGHTS IN SWEDEN AND DENMARK

and may have their parole date postponed for inmates were wage earners in a manufacturing one month; a second such violation may result enterprise which produces more than $16 million in the parole date being further postponed for six in goods each year. Since all Swedish wage earners weeks. ("In 1968 a total of 10,639 furloughs were receive a four-week vacation each year, the ques- granted. There were 983 [9.2 percent] failures to tion was soon raised by the inmates about their return and 448 [4.2 percent] other violations such "right" to a vacation. The first vacation experi- as late return or non-avoidance of intoxicating ment was introduced in 1967 and applied to a liquors." 14) carefully selected group of nine inmates from "Regular" furloughs may be supplemented with open prisons. All nine men were serving long sen- "special" furloughs which permit inmates to leave tences, including several lifers, and had served the prisons to visit ". . . a seriously ill relative, at least four years of their sentences. The then to attend the funeral of a relative, to appear as a Prison Director-General Eriksson describes in a witness before a court or to safeguard other civil rather idyllic manner his view of this program: rights, for job-hunting shortly before release and occasionally for apartment or house hunting, in [The inmates] were given the opportunity to order to receive visitors outside the prison (i.e., rest for three weeks, which is one week less than the to go for a Sunday dinner and drive), and in con- statutory vacation for free workers. Various types nection with transfers from one prison to another. of recreational activities were organized in the open In such a case one actually does not speak of fur- installation. The inmate could swim, fish,row, lough, for in order to simplify matters transporta- play various games and take walks in the forest. They had long visits by relatives. One man had his tion is left to the prisoner himself." 15 wife with him the whole time. She lived in a neigh- In addition to the furlough system and the bouring farmhouse, and he was allowed to spend arrangements made in most open and dosed pris- the nights with her. When we began the experi- ons for private visiting, a growing number of ment, we wondered whether the inmates would Swedish prisoners have been permitted to have be bored, and we made arrangements for employ- several weeks of paid vacation with their families ment for those who wanted it. But it turned out in special "vacation institutions" at the sea coast that all the men were badly in need of the rest. and in the mountains. One "family" prison consists The inmates were paid their usual wages for the of a large farm located about six miles from an three weeks, and judging by the visit I paid to the open prison. The inmates work on the farm or at institution, I can assure you that never in my long experiencewith differentkinds of institutions have I jobs in a nearby town. Periodic supervision of the experienced a better atmosphere or a better rela- inmates is provided by a staff member from the tionship between the inmates and their guards. open prison. Another facility to be activated in We therefore plan to continue along the road we spring 1972 is, according to Deputy Superintendent have begun, and our next experiment will be with Clas Amilon of the National Correctional Admin- vacations in dosed institutions for inmates who 16 istration, "a deserted village where a shopkeeper cannot be trusted in an open one. and a vicar are waiting for us," that is, the arrival of some twenty inmates and their families who Finally, in the northern prison region where will live in separate cottages. Residents of this distances are great between the towns from which village will include several husbands and wives inmates come and the prisons, a "visiting hotel" who are both serving time (in one case the couple's has been established on the grounds of one prison child will come to live with the parents) and serve where an inmate and his visitor may rent a room as vacation homes for inmates serving long sen- at cost and spend a weekend together. tences. The men will work in agriculture, and Descriptions of in-prison visiting, home leaves, women prisoners wlldo piecework sent to the vil- "family" prisons, "vacation" institutions, and a lage from the women's prison. hotel for inmates and their visitors are likely to "Vacation" institutions were established on an turn the heads of most Western prison reformers. experimental basis after the National Correctional Yet in some institutions in Denmark, Sweden's Administration gave recognition to the fact that next door neighbor, even more "liberal" visiting and leave provisions have been instituted in open 14The Swedish Correctional System 4, in Facts prisons. Sheets on Sweden, Swedish Information Service, June, 1970. 16 15Buss, supia note 13, at 2. Eriksson, supra note 12, at 6. DAVID A. WARD [Vol. 63

IN-PRISON VISITING AND FURLOUGH RIGHTS hotel and a Sunday visit in the prison. Visitors to IN DANISH PRISONS Renbaek may include parolees as long as there is some relationship to the inmate, and children may In-prison unsupervised or conjugal visiting is visit. Visits by a different girl each time to one in- permitted in only two open prisons and in none mate is frowned upon, although not necessarily of the dosed prisons in Denmark. Rather pris- denied, because it is felt that such an arrangement oners in open prisons see visitors during eight-hour makes wives and family members uncomfortable 7 and weekend leaves. The first eight-hour leave What inmates and their visitors do is their own may be granted three weeks after commitment business, but for those who wish to use them, con- to the prison, and the first weekend leave may traceptives are available from machines located in be granted after four or five weeks depending the main toilet facilities in each building. upon the policy of the prison superintendent. In Denmark's two closed prisons, furloughs for Weekend leaves, called "permissions," must be men are granted "only under very extraordinary requested by someone outside the prison, such circumstances and generally under escort." Serious as a member of the inmate's family or even a illness or the funeral of a family member would be friend. The open prison administrators seem to such a circumstance.'8 be willing to regard any request as legitimate, In contrast to the open institutions, then, Den- and the requests serve largely as a "cover" so mark's dosed prisons may be regarded as more that the prison can avoid charges that they re- "traditional" in regard to inmate visiting and lease, with "a good reason," men who go to towns home leave rights. It should be noted, however, nearby, get drunk, and make themselves a nui- that several of the directors of the open prisons sance to the citizens. Prisoners who fail to return view the two more restrictive dosed prisons as from eight-hour or weekend leaves, as indicated necessary reminders of what can happen to men earlier, may be transferred to dosed prisons or who violate the privileges that go with confinement have their sentences "prolonged" by the prison in an open institution. for a period of up to six weeks. "Permissions" gen- Given the fact that some big walled prisons erally run from 4:00 P.M. Friday to 9:00 P.M. with limited privileges for the inmate exist in Sunday, and their frequency depends on the policy Denmark, the question may be asked about the of individual prison directors. At Renbaek, for ex- status of prison reform as an issue for both inmates ample, the inmates were asked by the director if they wished to have leave every weekend. Accord- and citizens in that country. ing to the director, they rejected. the proposal, PRISON REFoRm IN DENARK citing as reasons the efforts that would be required to continually make arrangements and the cost of Perhaps because there are only five hundred or travel. The inmates did, however, ask the director so inmates in the dosed prisons of Vridsloselille to announce to their families that it was his policy and Nyborg and a lesser number of inmates in that leaves could be granted only twice each the two preventive detention institutions, there month. Inmates at Renbaek are entitled to an is not a large enough constituency for prison re- eight-hour visit away from the institution every form efforts designed to improve prison "condi- other week, but they can elect to take a two-day tions" and increase inmate rights. Prison reform weekend once a month provided that they return is not an important issue in the open prisons in to the prison for the night between the two days. Denmark because the social control mechanisms (Two-day visits are helpful for inmates whose imposed on the inmates are more like those en- visitors come from Copenhagen or other distant countered in a boarding school. At Renbaek and locations.) In addition, three-hour visits in the to some extent at the other major open prisons at prison are permitted every Sunday. The number of Norre Snede, Horserod, and Kragskovhede not men who now go to the nearby town of Ribe has 17Furthermore, at Kragskovhede two inmate council been decreasing since the in-prison visiting policy members interviewed by the author stated that most inmates did not want either their wives or their girl- was initiated. This was made possible because the friends to visit them in their rooms in the prison. One new buildings had more privacy and comfortable commented, "I don't want to bring her in there with inmates and because in- twenty of my comrades looking and knowing what is accommodations for the to hap pen." going8 prison visiting is less expensive than getting a hotel 1 PRISON DEPARTMENT, MINISTRY OF JUsTIcE, THE room. Some inmates combine a Saturday visit in a PENAL SYsTEm OF DENMARK 38 (1968). INMATE RIGHTS IN SWEDEN AND DENMARK only the physical deprivations of imprisonment, Prison reform in Sweden, for example, is considered but many of the psychological pains of imprison- by its proponents to be at a more advanced stage. ment have been eliminated. '"Reform" of these The politicization of prison reform in Sweden pre- institutions cannot easily be based on complaints sents an opportunity for Americans to look into about prison "conditions"; it must be based upon another possible future for the prison reform move- a philosophy of societal reform which views prisons, ment in this country. no matter how they may be disguised, as control mechanisms exercised by the political power struc- PRisoN RIx Oaf iN SWEDEN ture over certain groups or strata of the society. "Sweden is Leader in Prison Reform" writes In his article comparing the national prison a New York Times correspondent.21 In a feature reform organizations in Norway, Sweden, and story titled, as usual, "The Shame of the Prisons," Denmark, Jorgen Jepsen noted that the Danish Tim02 magazine cites the Swedish system as "a group KRIM has argued for improved corre- fascinating model" for the American prison system spondence and visiting rights and increased pay to follow. An Associated Press release which ap- for inmates. Jepsen contends, however, that any peared in the New York Times under the heading changes in prison department policy and in public "A Prisqn in Sweden is more like Hotel" reported: opinion were influenced more by "public state- ments of individual offenders, the upsurge of sev- A new prison unit that opened here has 20 cells eral inmate institutional newspapers and, more with carpeting and telephones. The unit is primarily for prisoners under tem- importantly, articles and comments by journalists 19 porary detention. Soft lighting floods the cells. with growing insight in criminal policy problems" Meals are brought in from a nearby restaurant. than by KRIM. Furthermore, the Danish prison The exercise yard has architect-designed "bars" administration has been more innovative in regard of stainless steel circles with vertical steel stringers. to some reform than KRIM and instead of fight- There is a pleasant view over meadows and ing a defensive battle has, according to Jepsen, woods. taken the initiative away from KRIM: Alf Johansson, the head warden, says: "It's wonderful to get away from the usual gray prison The Danish system has shown considerable atmosphere." 23 openness to KRIM, putting information at its disposal, allowing visits to the institutions, listen- A commentator on the cultural and social structure ing to its proposals and facilitating communica- of Sweden, Paul Britten Austin, cites the tion between the inmates and KRIM, even to the point of covering a considerable part of the ex- ...humane, non-moralistic attitude [which] is penses for the production and distribution of the reflected in Sweden's prisons which, by compari- inmate press, with its criticism of the system... son with most European or American prisons are KRIM in Denmark has bad no hard and clear almost homes away from home... Just how liberal enemy to fight. "The system" quietly has changed they are can be inferred from the type of com- itself at a pace somewhat ahead of the imagination plaints brought before the ombudsman by their of most KRIM members, and open conflict has inmates: petitions that a prisoner has not. been al- therefore been avoided. Aggression seems to have lowed full privacy when visited by wife or sweet- been turned inward into the organisation itself, heart; has not been given his regular furloughs so it has been characterised by disorganisation, (if in an open prison); or has suffered from too 0 intra-organisational conflict.' great a diet of TV and wants more film shows in- stead. The type of punishment meted out to drivers The failure to date of the prison reform move- found by the police to be under the influence of ment in Denmark to establish itself as spokesman alcohol is probably excellent for such persons' even for the inmates, let alone the larger constitu- health-a spell of wood-cutting in the forest.... ency of such movements, including students, crim- The motto when building new prisons nowadays is "build the workshops first, and the prison after- inologists, lawyers, and other citizens, may be wards." Such prisons as Tillberga, where 120 in- viewed by some as lack of political sophistication mates live what can only be called a normal life, or, as indicated above, the mark of a politically are fully comparable with any ultra-modem Swe- astute National Correctional Administration. 1N. Y. Times, Oct. 30, 1970, at 9, col. 1. 21'Jepsen, supra note 5, at 8. '22Tnm, Jan. 18, 1971, at 53. 0Id. at 8, 10. 23N. Y. Times, Oct. 15, 1971, at 42. DAVID A. WARD [Vol. 63

dish factory. In another prison, near the university question, "What limits if any are placed upon the town of Uppsala, persons with scholastic aptitude issues that you may bring up for discussions with can simply continue their education.24 the administration?" asked of the inmate council In The Scandinavians, Donald S. Connery in- at Kumla, the central prison of the Inland Region, cludes a section on Swedexi's "Friendly Prisons." 25 brought the response that like inmate councils in Articles with titles such as "In for Repairs" 2 6 and America they could discuss "only things like having "Prison Democracy" 2 released by the Swedish more fruit on the menu." The inmate council at Information Service and reprints of speeches usu- Osteraker saw the regional director as working for ally made at international conferences by the many of the changes that the inmates wanted- former Prison Director, Torsten Eriksson, have sometimes against the opposition of the rank and guaranteed Swedish penal policy a place in any file prison staff. The inmate council at Kumla saw treatise on what should be done in, to, or with the regional director as allied with the rank and file American prisons. From the general description staff to oppose their efforts at change. of the Swedish prison system and the rights of The central dosed prison in the Southern Re- Swedish prisoners, it might be argued that many gion, at Malmo, is constructing facilities for con- American prison administrators would contend jugal visiting, but the visiting time allowed is only that prison reform as they define it has been one hour compared to two hours at Osteraker. achieved in Sweden. In contrast to even the most (The strain of a one-hour limit on "conjugal" "progressive" American prisons, Sweden does look visits on wives and girlfriends would seem to make advanced, but all prisons in Sweden are not as this an issue with the inmates.) In Malmo prison, Torsten Eriksson and the Swedish Information again unlike Osteraker, there is censorship of mail Service have described them, and the prison re- for 100 of the 120 prisoners, and inmates' telephone form movement is alive and well. Relative dep- calls are "monitored" by the staff, including those rivation accounts in part for the discrepancy made by inmate council members to their counter- between what Americans think of Swedish penal parts at other prisons. The interpretation of na- policy and what Swedes think of it, but there tional policy in regard to censorship, telephone are other parts to the explanation. calls, inmate council communications, and other For one thing there are important differences matters thus varies between regions. between comparable prisons. The Swedish prison Second, much of the publicity given to innova- system is divided into five geographical regions, tive aspects of penal policy applies to only one each with a central closed prison and a variety of institution or a small number of inmates. The well other open and dosed institutions. The prisons publicized open prison, Studiogarden, located near in each region adhere generally to national correc- Uppsala University where inmates attend the tional administration policies, but they also reflect university houses only 20 of Sweden's 5,000 in- the philosophy of each regional prison director mates, and not all of these young men actually and the local prison superintendents. For example, leave the prison to attend classes at the university Osteraker is the central prison in the Eastern Re- but study instead in the prison. Inmates at Oster- gion which includes Stockholm and environs. aker, at Kumla, and at all closed prisons in Sweden Earlier in this paper it was said that the eight mem- are locked in their rooms for the night at 7:45 P.M. bers of the Osteraker inmate council agreed that Since all inmates work from 8:00 A.M. to 4:30 they could bring up any topic for discussion with P.M. (with an hour for lunch), leisure time activ- the prison administration, including disciplinary ities, such as sports, television, card playing, and actions taken against an inmate. The latter is in group counseling, are limited to a two-hour period marked contrast to the range of topics permitted after the evening meal. In the closed prisons for discussions between inmate councils and prison Swedish inmates cannot take advantage of the administrators in American prisons. But the same long, light summer nights in recreational or leisure UP. AusTN, THE SwEDEs 49 (1967). activities because the guards do not wish to work 5 2 D. CoNNERY, TuE ScAumnAvmas 409-10 (1966). an evening shift, and without the need to supervise For one of the few critical views of the Swedish treat- ment of criminals, see R. HunroRD, THE NE w ToTAL- inmate activities, few men need be on duty. The rrApjA s 194-97, 247 (1972). payment of wages to inmates at Tillberga prison 26H. Buss, In for Repairs, in Sweden Now, Swedish Information Service, March, 1970. which are equal to those of free world workers, 27 Martinsson, supra note 10. described in many Swedish government releases, is INMATE RIGHTS IN SWEDEN AND DENMARK still a proposal that has not been fully imple- been subject to reprisals for their efforts; news mented. releases and speeches made by public officials Langholmen prison, the old 19th century bastille about a new prison program may mean that an which serves primarily as the jail for the city of experiment is being tried out in one prison but Stockholm, is an anachronism in the light of official not extended to others; new national policy may Swedish government statements about prison de- be implemented in different ways in different sign and penal policy. Langholmen has long been prisons according to the conflicting interpretations regarded as a disgrace by many Swedish prison of regional directors; too many inmates, according officials, but it has been in the process of being to KRUIV, are still confined under maximum closed down for many years. Some sentenced custody conditions. Finally, prison reform is an prisoners are now housed in Osteraker, but in issue in Sweden because important elements of the 1970, the average population at Langholmen was leadership of the national prison reform organiza- 445. (Langholmen's rated capacity is 429 in- tion, EKRUM, contend that improvement of prison mates.)2 "conditions" and inmate rights is of secondary im- Prison sentences for all crimes are considerably portance to using prison reform as a means of forc- shorter in Sweden than they are in the United ing confrontations with the political power States, but Sweden has a preventive detention structure. system which calls for indeterminate sentences A brief review of the "demands" made by in- for "dangerous recidivists who are not deemed mate and KRUM representatives at the Osteraker receptive to other corrective measures." 25 "In- and Kumla national bargaining sessions may be ternees," as they are called, are confined in some of interest to American prison reformers for at ten prisons, the largest of which is Hall with a least two reasons. First, an answer of sorts may capacity of 285 men in closed sections and 68 in be given to the question, "What improvements open sections. Perhaps because Hall inmates have or rights might be asked if and when the current careers as prisoners and because they must serve demands of American prisoners are satisfied?" longer average terms than other prisoners, they and second, we may have an opportunity to see have been more consistently active for a longer what happens when a prison reform movement time in promoting prison reform than inmates is "captured" by those whose interest in reform at other Swedish prisons. goes beyond prisons. Despite the many substantial advances made In January 1971, Sweden's National Correc- in prison reform in Sweden, reformers point out tional Administration agreed, after a series of that a variety of factors indicate there is much strikes in the prisons, to "negotiate" with inmate work to be done: inmate activists at Hall have representatives and representatives of personnel groups a variety of issues including the following: '° 2 See C. AmioN, SwEDisi PENAL INsruTioNs 8 (1960) where the author, current Deputy to the Direc- 1. That there be a shorter period of time be- tor-General of the National Correctional Administra- tween commitment to prison and the first tion, states that Langholmen "... is now out of date, it will be closed as soon as new institutions can be built furlough or home leave. to take its place." 1970 population figures are reported 2. That violations of furlough rules, such as a in KRAiNALVAuDEN 1970, supranote4, at 52. In Den- late return or "having a few beers," should mark, the old Copenhagen city prison is analogous to Langholmen. not affect future leaves. 29 The indefiniteness of internment lies in the absence 3. That jail time should count as part of the of a specified date for release. What the court does in- stead is to fi a given minimum term of at least one and period required before the first leave from at most 12 years for institutional treatment. When the prison. minimum period expires, it devolves upon another national body, the Internment Board, to decide whether 4. That internees serving longer sentences the internee is ready for the outside treatment which should receive "good behavior" leaves in the Code stipulates as a compulsory follow-up of in- leaves. stitutional care. If the Internment Board rules against addition to regular an internee the first time, it must regularly reconsider 5. That the rule prohibiting home leaves over the question of his transfer to outside care. However, holiday periods be abolished. the internee may not be kept in custody for longer than five years after expiration of the minimum period with- 6. That visits in the prisons be permitted twice out court consent. The court may then order the exten- sion of institutional care by three years at a time. The 3"Information om Osteraker-Overlaggningarna 11- Swedish Correctional System, supra note 14, at 2. See 13 Januari 1971, in Kriminalvardsstyrelsen [National also L STnAni, supra note 1, at 67-8. Correctional Administration], Feb. 8, 1971. DAVID A. WARD [Vol. 63

a month with two hours allowed for each In my reasoning I have taken for granted that visit. participation in democratic organizations and coop- 7. That there be no staff supervision of visits eration in democratic forms would have an improv- in open prisons and "minimal" supervision ing effect on the inmates. It can be hoped that in closed prisons (for example, in a case the inmate experiences a new identification-as member or leader of a social movement aiming where the visitor is suspected of smuggling at the reforming of the prison society-and leaves contraband into the prison). his old criminal identification behind. This might 8. That visiting in an inmate's room be allowed help him to take a new look at himself at his dis- unless the inmate had a roommate "who charge. If he engages in social and political activ- had no place to go or the other inmates in ities this might keep him from committing new the corridor were against it." crimes. This idea is perhaps too optimistic and 9. That long termers or those who for one there is the risk that an active member of an ad- reason or another were denied home leaves visory council will be identified with his institu- be given a visit in the prison for 48 hours tion. In the institution he is the leader who sits in "without disturbance." negotiations with the warden-after his discharge he is the unskilled 10. That couches be placed in the visiting rooms worker with no education, in- sufficient experience and low status. This might and that privacy be insured by covering give rise to severe tensions. windows and requiring guards to give notice The advisory councils can be of great value to before entering a room. the general atmosphere within an institution. In addition to furlough and in-prison visits, Minor grievances previously were likely to cause other topics for discussion were placing telephone unrest, demonstrations and even hunger strikes. booths in the institutions, the function of the in- Now the inmates have become accustomed to mate councils, the end of all censorship of mail to bringing their grievances to the advisory councils. family and relatives, the "tone" of interaction The complaints are discussed by the council and between inmates and personnel, the need for half- if the council finds them justified they are taken up in negotiations way houses, increased pay for inmate labor, more with the prison administration. Many disputes have been settled in this manner. pay and opportunity for study in prison, improved It is very important, however, that the elections library facilities, and an inmate contention that to the advisory councils are conducted under ade- psychologists should be allowed to take inmates quate democratic forms. The prison administra- away from their prison jobs for counseling. tion must assist in arranging the elections. The The inmates won promises for improvements inmates are to vote by ballot, and the ballots on a number of these issues, and the phrase "prison should preferably be collected in the morning when democracy" appeared several months later in a the cells are opened in order to prevent any news reIease of the Swedish Information Service. form of coercion. It must be kept in mind that In that statement the Director-General of 'the many of the inmates are individuals who are not above Swedish National Correctional Administration, solving their problems by resorting to vio- lence. In the prison society there is always the risk Bo Martinsson, reviewed the events leading up to of threats and violence.... and at the Osteraker conference and looked to According to those who are learned in law, the the future: negotiations which started November 30, 1970, at Osteraker prison are unique in history. They The discussion is now centering on the value of placed on an equal footing the delegates of the the negotiations and the possibilities to proceed country's 5,000 prisoners on one side and represen- towards increased prison democracy. It has been tatives of the correctional authorities and the per- of great value to the National Correctional Ad- sonnel organizations on the other. Naturally they ministration to hear the views of the inmates were met with apprehension by some people, but directly, and not through personnel at various they will no doubt prove useful in many ways to levels. The work in the advisory councils, in elec- the National Correctional Administration-not tions and in the delegation itself should have had the least in our efforts to prevent criminality." an educational and improving effect on the inmates. In the Swedish prisons' advisory councils, the pros Mr. Martinsson did point out in the same article and cons of the prison system and correctional that rank and treatment are now being discussed rather than file staff response to the discussion plans for new crimes after discharge. A further between the inmates and the regional and national democratization might speed up this development. 31Martinsson, supra note 10, at 3-5. 1972] INMATE RIGHTS IN SWEDEN AND DENMARK

correctional administrators was not entirely sup- and published with no limit on the number portive. Many prison guards felt that the inmates of copies. held a threat (strikes) over the prison administra- 2. Reports in inmates' prison record files which tors and that concessions should not have been relate to personal history and characteristics given under such circumstances. Some lower should be abolished. echelon personnel felt threatened by the ability 3. Inmate file information related to parole of inmates to go over their heads with grievances. decisions should be limited to that data The Director-General also reported that ".. . the which does not make the prisoner a "marked National Correctional Administration has also man." been criticized for promising the inmates costly 4. Inmates should have access to all statements improvements such as better visiting quarters written about them. without making corresponding commitments to 5. Parole supervision should be abolished. the staff who in many cases need better canteens 6. Telephone booths should be placed on every and changing-rooms etc." 12 floor in the prisons. The grumbling of guards and representatives 7. Guards and inmates should wear civilian of personnel organizations which were heard after clothes. the Osteraker conference was soon followed by 8. Visiting and furlough rights should be ex- the grumbling of inmates who began to contend tended. that some of the concessions won from the correc- 9. Punishment within the prison, such as iso- tional administration were being implemented too lation or transfer of inmates to specific slowly or incompletely. The improvements, it security sections, should be ended. became clear, were dependent upon new appro- 10. Inmates should be free to move around priations or the addition of more staff members. within prison. The inmates said that while they did not win 11. Forced work should be abolished. much at Osteraker in the way of real changes, 12. Every inmate should be given the oppor- the National Correctional Administration was tunity and facilities for study. boasting about "prison democracy" in Sweden. 13. The geographic isolation of the women's Thus, when the second conference between the prison should be ended. correctional administrators and the inmate repre- 14. The construction of new prisons should be sentatives was scheduled for November, 1971, stopped. there were issues unresolved from the first meeting These demands were not taken up for discussion plus new demands for the inmates to raise. Fur- at Kumla because the National Correctional Ad- thermore, KRUM had determined that "prison ministration could not agree to the primary con- democracy" was one more euphemistic term like ditions for the talks. Administration officials as- "rehabilitation" or "treatment" designed to jus- serted that some of the items proposed for tify the same old repressive, social control function discussion would require action by Parliament or of prisons. that large amounts of money would have to be At Kumla the first issue raised by the inmates appropriated and that the most that they could and KRUM was a demand that decisions be made do was to promise that if agreement was reached at the table, not referred on for further study or on an issue, that an effort would be made to change effected later on by fiscal limitations. Specific the law or obtain the funds. The inmates coun- issues for which binding agreements were to be tered by arguing that the National Correctional reached at the conference table included the fol- Administration had the power to make penal policy (agree to the changes) and that it was fool- lowing:33 ish for the inmates to think that they had an 1. Inmate newspapers should be uncensored "equal" vote in determining that policy, so the

82 Id. at 7. discussions should be terminated. n This list of issues was compiled from a hall letter The breakdown in negotiations at Kumla was from inmate HarmiMiekkalinna to Clas Amilon, Na- tional Correctional Administration, (F.F.C.O. Informa- immediately followed by a wave of food and work tionscentralen, Fangelset); National Correctional Ad- strikes in Swedish prisons. The strikes were stopped ministration, Forslag Till Dagordning, Nov. 19, 1971 after the Swedish Minister of justice announced (press release); and National Correctional Administra- tion, Nov. 23, 1971 (untitled communique). that representatives of the inmates would be given DAVID A. WARD [VoL 6 an opportunity to meet with representatives of a ests and that the inmates will then disassociate royal commission planning for new prison pro- themselves from the "radicals." Some evidence for grams. The inmates returned to work, and in early this possibility may be the newly formed prisoners' 1972, prison reform issues in Sweden turned on union (FFCO) established by the inmates at Hall such questions as whether negotiations should be prison. The tactics of KRUM, the response to the resumed on a regional basis and whether "radicals" prisoners union FFCO, and the courses of action have captured the prison reform movement and are to be taken by the National Correctional Adminis- attempting to force confrontations between the tration and the Minister of Justice, as well as any inmates and the prison system by raising "impos- reaction from the Swedish "public" will bear sible" demands.14 watching by Americans who are interested in look- Swedish citizens read about the violence at ing into the future of reform activities in their own Attica, Soledad, San Quentin, and other American country. prisons with dismay, and, based on U.S.-Swedish comparisons, take pride in the more humane SoME LEssoNs rFOR AMERICAN PRIsoN character of their prison system. Yet that system ADMINISTRATORS AND also is in a state of upheaval and, as we have said, PaISON REFORMERS calls for reform are just as loud. One of the Swed- ish prison officials who attended the Kumla con- The prison reform movement in Sweden is many ference told the author: "We have gone as far as years, perhaps decades, ahead of similar efforts we can go in giving things to inmates, the ordinary in the United States. In fact, there is not one na- Swedish citizens won't stand for more." A public tional reform movement in America, but many opinion poll of citizen views towards crime, punish- movements often competing with each other for ment and correctional treatment taken in one the same support and constituency. Continuance part of Sweden is cited which in the words of a of this situation will certainly give aid and comfort National Correctional Administration. official in- to the protection of the status quo and vested dicated that, "the concept of retaliation was domi- interest of the American correctional establish- nating. A common comment was, 'Well, they asked ment. The issues discussed at the Osteraker con- for it.' "15 Whether KRUM's proposals have ference are low on the priority lists drawn up at reached the limits of public tolerance in regard to Attica, Folsom, Walpole, Rahway, and other treatment of law breakers remains to be seen. American prisons. Furlough and in-prison visiting KRUM's proposals have, it appears, reached the rights come after brutality, extortion, and violence limits of tolerance of the National Correctional committed by staff and inmates have come to a Administration. The hope of some Swedish cor- halt; after the food and physical living conditions rectional officials is that the inmates will come to become bearable; and after inmates are granted the conclusion that the "radicals" are willing to the right to organize and communicate their needs sacrifice improvements in prison conditions and to the prison administration, the press, and the inmate rights for the sake of larger political inter- public. The proposals advanced at the conference 4 1 In the Nordic countries, we have experienced in re- at Kumla have not even been thought of by Ameri- cent years the creation of special organizations for can inmates and prison reformers. contact activities within the institutions. I am referring It should be noted, however, that "rights," to the type of organization which in Sweden is known under the name of KRUM (National Association for once granted, often continue to be issues unless Humanizing of the Correctional System). Un- complete freedom to exercise them is given to the fortunately, this organization has adopted a political and ideological course in a rather radical way. I say inmates at the outset. For example, if it is agreed unfortunately because organizations of this kind un- that two months after arrival an inmate should doubtedly have a big mission to accomplish as an be permitted to go on home leave, it can then be intermediary of contacts and also from the public opinion point of view. There are, however, a number of argued that the waiting period should be reduced other organizations able and willing to contribute. to six weeks, or a month, or two weeks after arrival The Red Cross has given us a most valuable assistance. or that the leave period should be extended. It The same applies to other associations, sports dubs, and religious communions. All of them have their given can be argued that visiting in prison for two hours position within a correctional administration. C. Ami- every two weeks should be changed to four or six Ion, The Prison and the Environment 5 (1971) (Na- tional Correctional Administration, mimeo). or overnight visits every week and in improved 31Id. at 2. visiting facilities. American prison administrators .1972] INMATE RIGHTS IN SWEDEN AND DENMARK should not expect that meeting the demands at ual movement are the major punitive aspects of Attica or any other current list of inmate demands imprisonment then peace and quiet may prevail will see the end of inmate discontent. in prisons which are small and open. In the opera- In the operation of their open prisons, particu- tion of dosed prisons, Osteraker contains more larly Renbaek, the Danes may have something to "advanced" features than other Swedish closed show to their Swedish neighbors and everything to prisons, and for this category of institutions the show to the United States. Danes have some things to learn from the Swedes, A look at the Danish prison system gives an and again, the Americans have just about every- indication that if the criminal justice process is thing to learn. seen as "just" (and if those arrested believe they From the Swedish prison reform organization, have recourse if actions taken against them are KRUM, American prison reformers may learn seen as unjust); if imprisonment is in fact used how to move from prison reform to the next level as a last resort; if prison terms are for week and where the task is reform of the criminal justice month instead of year periods; and if most of the process and those aspects of the political, eco- physical and psychological pains of imprisonment nomic and social structure of American society are removed so that the social stigma of arrest that permit prisons like Attica and San Quentin and confinement and some constraints on individ- in our most "advanced" state systems.