The Attica Prison Riot of 1971 and Its Impact on Prison Reform

The Attica Prison Riot of 1971 alarmed and outraged society. The public outrage brought about long overdue prison reforms including changes to public policy and administration. The riot began on September 9, 1971 and ended on September 13, 1971 when state police stormed the prison and opened fire. The re-taking of the prison left ten employees and twenty-nine inmates dead. During the riot itself one employee and three inmates were killed. The exact causes or incidents that led to the uprising are still argued today. There are different views on the events that incited the riot in the first place, the tragedies that occurred during the riot and the handling of the riot. However, one thing is certain, the riot did more than just raise an eyebrow it caught the attention of both the general public and government officials which in turn made it blatantly obvious that the prison system was in need of massive reform.

Attica spawned the prison reform movement and over the past thirty years many policies have been changed and/or created to improve the overall living conditions and treatment of prisoners. The following is a list of demands the inmates set forth during negotiations according to Frank “Big Black” Smith (1998), one of the inmate leaders of the rebellion:

The Fifteen Practical Proposals

1. Apply the New York State minimum wage law to all state institutions. STOP SLAVE LABOR.

2. Allow all New York State prisoners to be politically active, without intimidation or reprisals.

3. Give us true religious freedom.

4. End all censorship of newspapers, magazines, letters and other publications coming from the publisher.

5. Allow all inmates, at their own expense, to communicate with anyone they please.

6. When an inmate reaches conditional release date, give him a full release without parole.

7. Cease administrative re-sentencing of inmates returned for parole violations.

8. Institute realistic rehabilitation programs for all inmates according to their offense and personal needs.

9. Educate all correctional officers to the needs of the inmates, i.e., understanding rather than punishment.

10. Give us a healthy diet, stop feeding us so much pork, and give us some fresh fruit daily.

11. Modernize the inmate educational system.

12. Give us a doctor that will examine and treat all inmates that request treatment.

13. Have an institutional delegation comprised of one inmate from each company authorized to speak to the institution administration concerning grievances (QUARTERLY).

14. Give us less cell time and more recreation with better recreational equipment and facilities.

15. Remove inside walls, making one open yard, and no more segregation or punishment.

Although the list of demands is entitled “15 Practical Proposals”, I have some trouble viewing all of the demands as practical. Specifically numbers 1, 5, 6, 7, 9, 14 and 15. Why should inmates be paid the same wage as law abiding citizens or worse yet earn more than those law abiding citizens who are unable to find employment? Why should inmates be allowed to communicate freely without any supervision? There has to be some restrictions and monitoring of communication. As far as reaching a conditional release date and receiving a full release goes, it just sounds absurd. A conditional release date is just that conditional. If a parolee is returned to prison on a parole violation it seems only right that he be re-sentenced upon returning to prison.

While I agree that it would be beneficial for correctional officers to be educated on the needs of inmates, I don’t see where abolishing punishment fits into this spectrum. After all, prison is not supposed to be a picnic. As far as less cell time I agree with this but replacing that with more recreation time does not make much sense. Extra recreation time should be an earned privilege not a right. The last demand makes absolutely no sense to me at all and I just can’t seem to find any practical reasoning behind it either. Nevertheless, many of the grievances that are said to have led to 1971 riot have since been addressed and modified.

Some changes that have occurred either as a direct result or indirect result of the Attica Riot are that inmates are now confined to there cells for a shorter period of time on a daily basis than they were prior to the rebellion, rehabilitative programs have been instituted which include a vocational school, a state of the art computer lab, and mandatory education at least to the equivalent of a ninth grade level in reading and math. Attica has a Residential Substance Abuse Treatment (RSAT) program, there is also an extensive range of mental health programs available to the inmates at Attica and Attica was the first prison in the NY state to provide a Specialized Treatment Program (STP), which consists of a mental health group and individualized treatment program for those inmates whose disruptive behavior led to their long-term confinement in disciplinary Special Housing Units (SHUs). In 1983, Attica also opened an Intermediate Care Program (ICP), which is conducted in an entirely separate facility specifically designed for inmates who suffer from a debilitating mental illness and are incapable of functioning in the general prison population. Other medical needs as well as dental needs of the inmates are now being met and the overall standard of treatment has been improved.

Other programs that have been incorporated into Attica over the past three decades include The Family Reunion Program and visiting programs which provide inmates with a tremendous amount of time for the purpose of visitations with spouses, children and other family members. The religious needs at Attica have been met by providing numerous chaplains and volunteers who are diverse in different spiritual beliefs. Furthermore, the library is now kept up-to-date and inmates are trained to help their fellow inmates make use of the materials provided and obtain knowledge of the legal system.

As a result of these great strides in prison reform the rate of violence has decreased inside the walls of Attica and overall the prison has become safer for both the inmates and the staff. According to DOCS Today (May 2004), “The prison is today representative of the nation’s best in correctional administration and operations” (p. 6). Many of these improvements can be attributed to the Department of Correctional Services (DOCS), but perhaps, The most significant changes are these key components designed to provide DOCS with the in-house capability of resolving inmate issues and prison incidents without the use of excessive or outside force (DOCS Today, May 2004 p. 9):

A statewide U.S. Justice Department- certified Inmate Grievance Program, wherein responsive supervisors provide a venue where complaints can be addressed and answered in a timely fashion.

Inmate Liaison Committees at each prison, representing the population in regular meetings with the prison’s administration.

The Crisis Intervention Unit (CIU), formed in 1979, composed of security and civilian staff trained in negotiations and other techniques at every prison to defuse situations before the use of force.

Correction Emergency Response Teams (CERTs) of Correction Officers and supervisors specially trained in 20 teams strategically located at facilities around the state which, since 1977, have used the least force required to quell disturbances within prison walls.

CERT (with CIU after 1979) was used to resolve multiple hostage incidents without serious injury to staff or inmates during the four such incidents since 1971 – at Eastern in 1977 (14 hostages), at Sing Sing in 1983 (19 hostages), Coxsackie in 1988 (five hostages) and Southport in 1991 (five hostages).

Ongoing monthly training for both of these specialized units demonstrates DOCS’ continued commitment to providing unparalleled public safety, a safe, humane institutional environment, for both staff and inmates, and the ability to quickly respond to any emergency at a moment’s notice. Attica has both a CERT and a CIU.

New York State has made some major strides over the past thirty years and other states have followed their lead. However, there are still some states that are behind in the times especially in the areas of medical and mental health treatment and rehabilitative programs designed to prepare inmates for re-entry into society. Presently, reforms seem to be at a standstill when looking at the prison systems of the nation as a whole. Currently, the biggest problems in prisons today are overcrowding, inmates being raped and victimized by other inmates, the spread of AIDS and the concern that prison conditions will become harsher and more punitive as result of the power of the federal courts to protect prisoners’ constitutional rights against cruel and unusual punishment being restricted and prisoners’ access to the federal courts being limited (American Civil Liberties Union, 2001).

The problem of overcrowding is largely a result of mandatory minimum sentencing laws for drug offenses. Many states are lobbying against mandatory sentencing and the “three-strikes-and-your-out” law for non-violent offenders in hopes of reducing prison overcrowding. “Alternatives to incarceration for non-violent offenders are necessary to reduce overcrowding, to constructively and appropriately sentence convicts, to minimize financial costs and to protect offenders’ families from upheaval” (American Civil Liberties Union, 2001). Giving the discretion back to the judges when it comes to sentencing drug offenders would be a major step in combating overcrowding. It would make more room for the violent offenders who need to be in prison instead of rewarding them with earlier release dates simply to make room for non-violent drug offenders.

Overall, I feel that prison reform has come a long way over the past thirty years especially in New York State. While there is still room for improvement in some areas and presently reform may seem to be at a standstill, I think it is save to say that reform is not in regression, at least not at this point. As long as New York State continues to follow guidelines that are already in place and continue to provide the programs already established and other states take similar steps I think the reforms are more than ample. I mean let’s face it; prison is and will always be a dangerous environment.

Anytime numerous violent offenders are placed under the same roof, it will inevitably create a dangerous environment. While certain reforms are necessary we have to be careful not to over do it. Prison was never intended to be a pleasant place, if it were that would be defeating the purpose. We can’t be so concerned with prison reforms that we end up making life for criminals behind bars better than life is for the average American who is struggling to find work or barely making enough to support his/her family. Reforms and rehabilitative programs are good to a certain extent and the rehabilitative programs are in place for those inmates who want to make use of them, at least in New York State.

However, we must not lose sight of the reasons prisons exist in the first place. Many of these criminals who are in prison will never re-enter society and often those that do will inevitably return to their old ways. The types of criminals I’m referring to are the worst of the worst, the ones who have committed violent and heinous acts against society and given the chance to do it again they will. I think it’s important to remember the victims’ of these criminals and the victims’ families. Maybe if more of the people who are so concerned with the rights, welfare, and safety of the criminals stopped and considered the lives these criminals destroyed, they would perhaps realize that these criminals are getting exactly what they deserve and really don’t have it all that bad considering the circumstances.

References

American Civil Liberties Union (2001). Policy Priorities for Prison Reform. Retrieved September 13, 2004, from http://www.prisoncentral.org/Prisoncentral/

SuggestionsforChange/ACLUPolicyPriorities.htm

N.Y.S Department of Correctional Services (2004, May). Writing a future mindful of its past. DOCS Today, 13(5), 6-10. Retrieved September 13, 2004, from http://www.docs.state.ny.us/PressRel/DOCSToday/May2004edition.pdf

Smith, F. (1998, January). The Struggle for Justice Continues. The Attica Talk Flyer. Retrieved September 13, 2004, from http://www.etext.org/Politics/MIM/aa/atticatalk.html