The Vantour Report considered the goals of the penitentiary
system in terms of a descending order of priorities, with control as the
first priority, dealing with the offender individually and humanely as
the second, and providing appropriate correctional opportunities in order
to achieve the successful reintegration of the offender into the community
as the third. The report concluded:
In order to ensure that the Director
can perform this total role, his authority to segregate disruptive or
dangerous inmates is very broad and vague and the procedure by which he
exercises his authority is simple and swift ...Given the nature of the
inmate community and the goals of the penitentiary, segregation of certain
inmates is necessary in order to protect both staff and inmates and maximize
the rehabilitative potential of the institution ...The Study Group acknowledges
the need for this type of preventive administrative act and therefore
agrees in principle with Penitentiary Service Regulation 2.30(1)(a). 3
There is something disarming in the forthrightness of this
justification for administrative segregation. The quoted statements identify
as the subjects of segregation those prisoners who refuse to accept the
degrading and dehumanizing effects of imprisonment. Their resistance,
however, is not seen as a challenge for change and reform but as the justification
for further oppression. There can surely be no quarrel with a rationale
for segregation that focuses on prisoners who are persistently violent
toward other prisoners or staff. However, the Vantour rationale for the
broad discretionary power of section 2.30 is much more generally cast.
It rejects any role of prisoner leadership that is anything other than
compliant and submissive. Leadership that calls into question and challenges
the legitimacy of penitentiary authority is deemed to demonstrate emotional
and attitudinal maladjustment. The Vantour Report is correct indeed in
contrasting the prison world with that of free society. But its rationale
for segregation reinforces not the legitimization of authority but rather
the prisoners’ perception of its illegitimacy.
The report sought to identify what it termed 'the principle
and goal of segregation.’4
Segregation must become a more integral
part of the institutional programming. Long-term segregation cases are
presently confined in institutions which are not designed for them. These
inmates are, as we have pointed out, isolated and forgot ten. There appears
to be very little administrative intent behind their present situation
...
We have concluded that the most severe
hardship for most inmates is the deprivation of association. Therefore,
the privilege which has the most meaning for segregated inmates is the
privilege of association ...Indeed, the ultimate goal of the criminal
justice system is the reintegration of the offender into the community
-adjustment to life outside the prison -and the basic fact of that life
is asso ciation. Similarly, the ultimate goal of a segregation unit ought
to be to return the segregated inmate to association, albeit in a maximum
security institution, as soon as possible.
This goal can best be achieved through
a principle of gradual monitored reintegration of segregated inmates into
the population. Such a principle has the following benefits:
- It provides the staff with a means of evaluating
the inmate in a manner that is ‘measurable’ -through observation of
his behaviour in the company of staff and other inmates ...
- It provides the inmate with the opportunity to
earn his way out of segregation, thus alleviating the atmosphere of
hopelessness which characterizes segregation units at present.
- It eliminates the shock that may accompany a sudden
reintegration into the population, and thus represents a ‘decompression’
phase in which the change in his routine is gradual and controlled.
If segregation is recognized as
a crucial aspect of institutional life, and the sys- tem is serious about
the problem of the persistently disruptive and dangerous inmate, then
the Penitentiary Service must commit itself to the utilization of physical
and human resources for these inmates. Segregation facilities must have
appropriate living, working and exercise space. There must be both security
and programme staff charged with the sole responsibility of the persistently
disruptive inmate. That is, facilities must be designed to accommodate
these inmates. Some staff must be there for the express purpose of their
custody and treatment.5 Page 2 of 4
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