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Forging Social Order and Its Breakdown: Riot and Reform in U.S.

Prisons
Author(s): Bert Useem and Jack A. Goldstone
Source: American Sociological Review, Vol. 67, No. 4 (Aug., 2002), pp. 499-525
Published by: American Sociological Association
Stable URL: http://www.jstor.org/stable/3088943
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FORGING SOCIAL ORDER
AND ITS BREAKDOWN:
RIOT AND REFORM IN U.S. PRISONS
BERT USEEM JACK A. GOLDSTONE
Universityof New Mexico Universityof California,Davis

Twocases of prison reformin the 1990s had widely divergentresults.New Mexico


privatizedseveral prisons and these prisons were quicklybeset by multipleriots.
New York'spublicly runRikersIslandprison, by contrast,adopted reformsthat
ended manyyears of riots and violence. Prevailing theories of prison riots cannot
accountfor these divergentoutcomes.A state-centeredtheoryof social order ex-
plains both cases, showing how prison administratorsand state and national gov-
ernmentscan create the conditions underwhich social order breaksdown or is
restored.This analysis has implicationsfor forging social order in other hierarchi-
cal institutions,such as schools, that are responsiblefor the welfare of their depen-
dent clients.

n 1980, the Penitentiary of New Mexico We seek to explain these divergent cases.
suffered one of the bloodiest prison riots (1) Our analysis challenges existing theories
in U.S. history. The costly reforms that fol- of prison riots, which treat prison disorders
lowed left the state with some of the highest as a result of inmate demographics or the re-
per-inmate costs in the nation. To control action of inmates to administrativesanctions
those costs, New Mexico in 1997 authorized and/or poor management. No existing theory
two private firms to construct and manage can explain both the onset of riots in New
prisons for high-security prisoners. The re- Mexico and the attenuationof riots in Rikers
sult was not what was hoped for: In the first Island. (2) We counter structuraltheories of
year of operation, all three of the privately social disorder, which treat rebellion as the
run facilities erupted in riots. unavoidable outcome of structural condi-
At about the same time, the New York tions. We demonstrate that policy interven-
City Department of Correction began re- tions can have a rapid and decisive impact
forms at the extremely violent Rikers Island on social stability. In the two case studies,
jail facilities. Rikers Island had experienced the situations shifted from riot-tor to stable,
major riots in 1986 and 1990, and remained or the reverse, within two years or less of
disorderly and violent through the first half the implementation of policies that affected
of the 1990s. Yet after the reforms under- crucial conditions underpinning the social
taken in 1995 through 1999, inmate vio- order. (3) We also challenge current views
lence dropped by over 90 percent, and fears of prison privatization, showing that a focus
of riots went from rampant to almost non- on cost-savings and efficiency must be bal-
existent. anced against concerns for maintaining so-
cial order in prisons.
Our explanatory framework is derived
Directall correspondenceto Bert Useem, De- from theories of revolution. A "state-cen-
partment of Sociology, University of New tered" theory of social order, stressing how
Mexico, Albuquerque, NM 87131 (useem@ external and internal demands on prison ad-
unm.edu).We thankCharlesBidwell, Aki Rob-
erts, JohnRoberts,and the ASREditorsand re- ministrations combine to create institutional
viewersfor theirhelpfulcomments.Travelfunds breakdown, shows promise in explaining
wereprovidedby the ResearchAllocationsCom- prison riots (Goldstone and Useem 1999).
mitteeof the Universityof New Mexico. However, we argue for a significant revi-
AMERICAN SOCIOLOGICALREVIEW, 2002, VOL. 67 (AUGUST:499-525) 499
500 AMERICAN SOCIOLOGICAL REVIEW

sion in this strongly structural theory as it CONDITIONS LEADING TO PRISON RIOTS


was originally introduced by Skocpol
(1979, 1994). Skocpol asserts first, that (1) EXTERNAL PRESSURES. State or na-
revolutions are not made-they come. tional officials may impose new or increased
Rebels cannot "choose" to make revolu- demands on prison administrations without
tions outside of narrowly defined structural augmenting prison resources. These new de-
conditions. Second, state leaders are unable mands may be fiscal (e.g., periods of bud-
to take actions to avoid revolutions when get-cutting, or changes in laws or sentenc-
the structural conditions summon them ing practices that increase the number of in-
forth. While other analyses have already mates), or they may be procedural (e.g., ju-
challenged the first point (Goldstone 2001; dicial mandates to reform prison practices).
Sewell 1992), our disagreement is with the Such demands often result in cuts in staff,
second. maintenance, or ancillary services relative to
Consistent with state-centered theory, the the number of inmates, or an expansion of
two case studies we address show that inmates' rights.
prison riots occur when prison administra- (2) INTERNAL PRESSURES FROM COR-
tions are unable to reconcile external de- RECTIONS STAFF. Administration policies
mands imposed by state and national gov- or reforms may arouse the opposition of cor-
ernments with internal demands from staff rections staff. Divisions and alienation
and inmates regarding conditions within the among correctional officers may then pro-
prisons. Yet, following recent works that duce high absenteeism, high turnover, fail-
seek to restore the role of agency to studies ure to follow prison routines, or even harsh
of social order and disorder (Emirbayerand confrontations between groups of staff or
Goodwin 1996; Foran 1997; Goldstone staff unions and the prison administration.
2001; Goodwin 1997; Selbin 1993), we ar- (3) INTERNAL PRESSURES FROM IN-
gue that administrativeactions can create or MATES. While prison conditions may be
curtail the causal conditions for riots. good or terrible, what matters for inmate
Agency thus looms large in our view. demands is whether conditions are worse
than they should be, according to broadly
visible and externally validated standards.
SOCIAL ORDER AND PRISON
Such standards may be established by past
RIOTS: A STATE-CENTERED
THEORY practices within the prison system or other
jurisdictions, or by explicit statements of
The state-centered theory of revolutions ar- external authorities such as courts or legis-
gues that revolutions arise from the combi- latures. When prisoners are able to appeal
nation of five conditions: (1) external pres- to external authorities to validate their
sures on the state; (2) internal pressures on grievances, this fuels their demands with
the state from elites; (3) internal pressures the expectation that they will be upheld.
on the state from popular groups; (4) ideolo- External validation may center on court de-
gies that unify rebels and justify their ac- cisions finding that prison conditions vio-
tions; and (5) ineffective state actions that late inmates' legal rights, or on indictments
demonstrate state weakness or injustice of prison staff for failures to comply with
(Goldstone 2001). We have argued that the court- or state-mandated procedures. De-
conditions leading to revolution have ana- bates within legislative bodies may have a
logs in prison riot situations (Goldstone and similar impact. Arbitrary rule enforcement
Useem 1999). We need only substitute and excessive use of force by staff, loss of
"prison administration"for "state," "correc- inmate services considered as rightfully
tional officers and staff' for "elites," and due, and extreme violence and lack of
"inmates" for "popular groups." As with safety for inmates also provide the basis for
revolution, a combination of several condi- inmates to make demands and act against
tions must be present for prison riots to oc- prison authorities.
cur; when all or most of these conditions are (4) INMATE IDEOLOGIES THAT JUSTIFY
absent, prison riots will not arise. How are REVOLT. Inmate ideologies are sometimes
these conditions manifested in prisons? sophisticated, more often coarse; but either
RIOT AND REFORM IN U.S. PRISONS 501

way they undercut the legitimacy of the over how long a time-frame before such
prison and unite inmates by providing a changes would have an impact.
common framework for establishing opposi- We hypothesize that these five conditions
tion and justifying rebellion. Inmate ideolo- are not simply "structural"causes of prison
gies claim that conditions in prison are not riots and thus beyond control: They are the
just bad, but "wrong," and that "if we riot, result of poor choices or the poor implemen-
people will see what's wrong in here," where tation of policy by state and prison authori-
"wrong" is judged in terms of the failure of ties. To the extent that authorities establish a
the prison administration to meet standards context in which these five conditions are
(often its own explicit and public standards) absent, stability can be expected. Con-
of just imprisonment. versely, when prison authorities'actions pro-
(5) UNJUST PRISON ADMINISTRATION duce these five conditions, organizational
ACTIONS. Prison administrations may take breakdown will ensue.
actions that are widely seen as demonstrat- The cases of the New York City and New
ing the administration's injustice or ineffec- Mexico prisons allow us to test both aspects
tiveness. Poorly implemented responses to of this hypothesis. (See Appendix A for a
inmate complaints or actions may furtherle- description of data sources.)
gitimize rebellion while demonstrating that
authorities are vulnerable. Ineffective ac-
NYC DEPARTMENT OF
tions include weak responses to prison es-
CORRECTION: FROM DISORDER
capes, to assaults on officers or other in- TO ORDER
mates, or to inmate grievances, as well as
ineffective or bungled attempts to separate The New York City Department of Correc-
prisoners or conduct operations such as tion (NYCDOC) is larger than 35 state
lockdowns. prison systems, holding nearly 20,000 in-
mates in primarily high- and medium-secu-
THEORETICAL APPROACH rity facilities. Most inmates are housed in 10
facilities on Rikers Island, an island located
In our previous paper, we examined the role on the East River. Two-thirds of the inmates
of these five conditions in the genesis of 13 are detainees awaiting trial for crimes com-
prison riots (Goldstone and Useem 1999). mitted in New York City-crimes that in-
For each prison, we compared the incidence clude assault, murder, and other felonies.
of the five conditions in two different peri- Another 18 percent are convicted state pris-
ods: one period just prior to the riot, the oners, either parole violators or inmates
other a stable period two to five years ear- awaiting a transferto a state facility. The re-
lier. The five conditions were not equally maining 15 percent are convicted prisoners
present in all cases of riots. However, in no serving a sentence of one year or less. Prior
case did a riot occur without at least three to 1995, the average length of stay for in-
of the five conditions being present, and in mates was about 50 days. This high turnover
a majority of the cases all five conditions rate was often cited by corrections experts
were evident. In contrast, the five conditions and agency insiders to explain Rikers' repu-
were largely absent in the stable periods, tation as a violent and unmanageable place.
and no riots occurred in any prison where Yet by 1999 Rikers Island-despite no
three or more of the conditions were absent. change in this turnover rate-had become
A formal data analysis found that these five exceptionally orderly and violence free.
conditions, especially in combination, were In 1989, New York Mayor David Dinkins
significantly associated with the occurrence appointed Allyn Sielaff as corrections com-
of prison riots. missioner. Sielaff had earned a national
However, we did not investigate how these reputation as a pioneer for inmate rights
five causal conditions arise. Nor did we ("New Approach on Virginia Prisons; Cor-
present evidence regardingthe consequences rections Chief Criticized, Praised as Lib-
of deliberate changes in these causal condi- eral," WashingtonPost, November 30, 1984;
tions, thus leaving it unclear whether such "Jails Chief Is Criticized for Being too Iso-
deliberate changes are possible, and if so, lated," New York Times [NYT], August 26,
502 AMERICAN SOCIOLOGICAL REVIEW

1990). Yet in New York City, Sielaff's re- 15 years ("Why Did New York Hire 49,000
form agenda went largely unfulfilled, Workersin 7 Years?"NYT,October 7, 1990).
crippled by a fiscal crisis and divisions Several of Sielaff's key programs, such as
within the agency. Sielaff's actions, however restoring inmate work programs to reduce
well intentioned, within two years had com- inmate idle time, foundered because of
bined with circumstances in NYCDOC to underfunding (CBC 1993:10), and the city
create all the key conditions for a prison riot. put pressure on the DOC to cut positions to
The 1990 riot showed the full panoply of riot meet budget.
conditions we noted in Goldstone and CONFLICT WITH THE CORRECTIONS
Useem (1999). Indeed, administrative con- STAFF. With administrative cutbacks and
flicts were so severe that the riot began with foundering reforms, tensions between cor-
a strike by corrections officers against the rectional officers and Sielaff rose sharply.
prison administration and was followed by The lightning rod for the officers' discontent
an uprising by inmates. was a directive governing the use of force
by correctional officers that had taken effect
on February 1, 1990. The guidelines had
THE CAUSES OF THE 1990 RIOT
been developed to satisfy a 1983 federal
RISING EXTERNAL DEMANDS AND RE- lawsuit brought by Legal Aid Society that
DUCED RESOURCES. The crack cocaine epi- challenged the conditions at a Rikers facil-
demic of the 1980s hit New York City hard. ity, but was later expanded to include issues
Crime rose rapidly, and the city's political of violence by officers against inmates. In
leadership directed police to make more ar- the officers' eyes, the directive mollified the
rests (New York State, Division of Criminal courts and inmates at the officers' expense.
Services [NYS, DCS] 2000). As a result, the Inmates would now be able to strike an of-
DOC's populationtripledfrom 7,000 inmates ficer with near impunity, given the feeble-
in 1980 to 21,000 when Sielaff took office ness of the inmate disciplinary process. Of-
(Citizens Budget Commission [CBC] 1993: ficers felt attacked by the new use-of-force
9, 11). To accommodate the influx, the city directive, which they believed crippled their
spent more than $1 billion to build additional ability to do their jobs and put them at se-
prison housing. However, the other compo- vere risk.
nents of the prison system that differentiate a INMATE DEMANDS. Even to inmates, a
fully functioning prison from a mere dormi- key indicator of whether a corrections
tory or housing unit (namely the corrections agency is working properly is the level of
staff, food preparation,medical care, and rec- serious violence among prisoners. During
reation), failed to keep pace. Quickly con- the early 1990s, inmate stabbings and
structed modular units lacked adequate an- slashings were routine occurrences. In the
cillary facilities, such as dining, recreational, first six months of 1990, inmates at Rikers
and visiting areas (CBC 1993:14). Meals of- Island stabbed or assaulted each other an av-
ten arrived late and cold ("City Studies Op- erage of 137 times a month. Correctionalof-
tions for Overflowing Jails," Newsday, ficers often found themselves rushing from
March 12, 1990). The punitive segregation one violent incident to the next (authors' in-
unit had a waiting list ("A Rikers Facility for terviews). An officer stated in 1990, "When
Most Violent,"Newsday, July 20, 1990). Cor- I first joined three years ago, . . . we had
rectional officers were rapidly hired, but they slashing and violence, but now it's a con-
were poorly screened and given only mini- stant ("Inside Rikers Island: A Bloody
mal training (authors' interview; "Chief of Struggle for Control," NYT, September 1,
Correction Faults Rikers's Way of Hiring 1990). Inmates blamed the administration
Officers," NYT,August 25, 1990). and corrections staff for a failure to protect
While Sielaff promised sweeping reforms them from daily assaults.
(Allyn Sielaff, "More Jail Space Provides IDEOLOGIES OF RFAFI I ION. There is no
Only Part of the Answer to Crowding," Op- evidence that radical or critical perspectives
ed, NYT, November 21, 1990), little of his were present among inmates, or that a gang
agenda was achieved. Dinkins's administra- "ideology" had developed. Organized gangs
tion inherited the city's worst fiscal crisis in did not develop a presence in NYCDOC fa-
RIOT AND REFORM IN U.S. PRISONS 503

cilities until about 1993 (authors' inter- 1991; DOI, CNY 1991; authors' interviews).
views), later than in most other major jail Tensions between the prison administration
systems. Still, inmates reported that what and corrections staff were crucial to the gen-
might be called a "Hobbesian"ideology pre- esis of this riot.
vailed-a belief that "weak" inmates do not On August 11, the correctional officers'
have a right to their possessions, to use the union notified the DOC that officers might
telephones, or to move freely on the yard. engage in a job action because their working
One inmate commented, "It's hell full-time. conditions were unsafe. Union complaints
You don't think you'll live from morning to focused on the undercharging of the three
night" ("Rikers, Armed Rule by Inmates," inmates, the policy limiting use of force, and
Newsday, July 18, 1990). Inmates thus came 200 budget-relatedcuts in the number of of-
to view the prison authorities as ineffective ficers assigned to shifts and 385 more cuts
and illegitimate, as they could not control slated for the following fiscal year (NYSCC
the prison or provide even minimal safety 1991; "Rikers Tension Erupts," The Record
and security for the inmates. [Northern New Jersey], August 15, 1990;
WEAK OR INEFFECTIVE ADMINISTRA- authors' interviews).
TIVEACTIONS. Two events leading up to the On August 13, 600 off-duty officers block-
riot had escalated conflicts and shown in- aded the only bridge to Rikers Island. City
mates that collective action could succeed. officials massed police for a possible assault
On July 12, 1990, inmates seized control of to end the blockade, but instead sought a ne-
a portion of the Otis Bantum Correctional gotiated settlement. This would take 30
Center (OBCC) on Rikers Island. OBCC hours to achieve. Meanwhile, the blockade
was a newer unit, housing 1,200 inmates in disrupted all routine activities. Hundreds of
16 dormitory-style units. Prison officials ac- prisoners were unable to make court appear-
ceded to the inmates' demand for longer ances, and those slated for release had to re-
telephone conversations. Correctional offic- main in custody. Employees could not go
ers reportedly felt that the OBCC adminis- home, and their replacements were turned
tration had "sold out," and the event raised away, as were visitors. Food deliveries were
tension in the unit. brought to a halt; most inmate activities,
Three weeks later, three OBCC inmates such as recreation and visiting the law li-
robbed and severely beat an officer. Officers brary,were suspended.
became furious when the inmates were By August 14, all Rikers' facilities were
charged with robbery, assault, and posses- in crisis. OBCC was typical rather than ex-
sion of contraband rather than attempted ceptional. Staff observed inmates stockpiling
murder.Officers saw this as kid-glove treat- brooms, buckets, and other potential make-
ment and part of a patternof inmate appease- shift weapons. The commissary was burglar-
ment. In an open letter to the Commissioner, ized, and the perpetratorswent unpunished.
a group of Rikers officers stated: "An inmate The number of staff was down to 50 percent
should not be able to assault an Officer with- of normal, and those who remained were ex-
out paying a price.... You and your subor- hausted from 38 hours of continuous duty.
dinates have lost the jail to inmates" (De- Inmates followed the negotiations on the
partmentof Investigation, City of New York bridge over live television broadcasts. By
[DOI, CNY] 1991, app. A-21). According to the afternoon on the second day, managers
inmate accounts, correctional officers be- were fearful that a massive rebellion in many
came more confrontational following the in- facilities would allow inmates to seize con-
cident (authors' interview). trol of the entire island and take hundreds of
hostages (authors' interviews).
At 6:00 P.M.on August 14, a settlement
OUTBREAK OF THE AUGUST
was reached. The DOC agreed to modify the
1990 RIOT
use-of-force policy, subject to the approval
On August 14, 1990, a riot broke out at of the federal judge. In addition, the Depart-
OBCC, although all the facilities on Rikers ment would restore 195 of the staff-shift as-
were on the verge of disturbances(New York signments, as well as forgo disciplining em-
State Commission of Correction [NYSCC] ployees for participating in the blockade
504 AMERICAN SOCIOLOGICAL REVIEW

(DOI, CNY 1991:A-23-A-30). Covered live INTERREGNUM:RIOT SITUATION


by local television, the union president CONTINUED, 1991 TO 1995
stated to cheering officers, "We got just
about everything we wanted," and that "the After the riot, tensions between the city gov-
use-of-force directive has been eliminated" ernment and the wardens, and between war-
(authors' interviews; "Correction Union dens and staff, continued with high adminis-
Chief Blasted," Newsday, August 18, 1990). trative turnover.Under heavy criticism in the
Moments later, a riot erupted at the Otis wake of the riot, Sielaff resigned at the end
Bantum facility. of 1991. Three subsequent commissioners,
The riot broke out when an OBCC inmate each serving short terms, were unable to
refused to obey an order, and three officers gain the confidence of correctional staff and
were sent to handle the situation. They were high levels of violence persisted. One officer
met by a crowd of inmates poised for a told a journalist in 1994, "The Department
physical confrontation. One inmate slashed is in crisis and there's no one who seems to
the three officers in rapid succession, while know how to take control and restore stabil-
other inmates threw beds and lockers. An of- ity" (Horowitz 1994:31). Yet by the end of
ficer called for backup, but within minutes the decade, this war of all against all had
disorder had spread to almost the entire fa- come to an end, the situation turned from
cility ("47 Are Injuredas Inmates Rebel Just hopeless to secure. How was this accom-
as Impasse Ends at Rikers," NYT, July 15, plished?
1990).
The disorganizationthathelped bring forth
INSTITUTIONAL REFORM AND
the riot was evident in the response. The
LEADERSHIP, 1995 TO 1999
chain of command collapsed. About 200 un-
ruly and angry correctionalofficers, who had In 1994, Rudolph Giuliani replaced Dinkins
been protesting at the bridge, rushed to the as mayor of New York. In 1995, Mayor
facility. Groups of officers competed with Giuliani appointed Michael Jacobson as
each other to enter a dormitoryto subdue in- Commissioner and Bernard Kerik as First
mates. Control of the prison was regained Deputy Commissioner of the DOC. In Janu-
mainly by extreme use of force against pris- ary 1998, Jacobson left the agency and Kerik
oners by a virtually unsupervised staff. became Commissioner. Under their leader-
To sum up, these were the key factors be- ship, the Department was transformed.This
hind the 1990 riot: (1) Budget cuts and a ris- was achieved neither through "liberalizing"
ing inmate population frustratedSielaff's at- reforms, sought by previous administrative
tempts at reform and led to constant conflicts regimes, nor by imposing stricter conditions
between the city government and prison ad- on inmates, as is often associated with con-
ministration; they also reduced delivery of servative regimes. Rather, the riot situation
inmate services-food, recreation, work, was ended by attacking the root causes of
medical care; (2) a court-imposed use-of- disorder.
force directive and budget cuts alienated cor- The new administration (1) balanced re-
rections staff, putting them in sharp opposi- sources and demands on the administration
tion to the prison administration;(3) a dis- and ended conflict with the city; (2) created
tracted administration and resentful correc- unity and coherence in policy among the
tions staff allowed inmate violence to build warden and corrections staff; (3) increased
to extreme levels, creating inmate grievances safety for prisoners, curbing excessive use of
over disorder as well as poor delivery of ser- force by staff while also providing security
vices; (4) inmates developed an ideology that for corrections officers; (4) undercut the
"anything goes" and that staff and adminis- "Hobbesian" ideology that justified rebel-
tration actions were illegitimate, based on lion; and (5) enforced swift and effective re-
lawlessness in the prison and the officers' sponses to inmate provocations.
overthrow of the use-of-force directive; and BALANCING RESOURCES AND DE-
(5) the administrationwas slow and ineffec- MANDS.By the middle of the decade, New
tive in dealing with early signs of rebellion York City had entered a period of economic
and protest by corrections staff and inmates. and social revival. In addition, Giuliani's ap-
RIOT AND REFORM IN U.S. PRISONS 505

proach to crime was to mobilize officers to inmates in the time period covered and what
prevent crime, ratherthan merely to increase has been done to address them.
arrests(Kelling and Sousa 2001). From 1993 Prior to TEAMS, wardens rarely toured
to 1997, the number of serious violent and their facilities and were generally unaware
property crimes dropped 40 percent (New of the details of their operation, not even
York City Department of City Planning knowing their daily inmate count (authors'
[NYCDCP] 1999:15). This, in turn, helped interview). After TEAMS, wardens became
stem the growth of the DOC's population. deeply involved in the management of their
However, these favorable trends did not facility. Administrators who clung to past
mean a sudden increase in resources per in- practices were forced out of the agency (au-
mate. Although the average daily population thors' interviews).
of NYCDOC fell from a peak of 21,500 in- By quickly and consistently identifying
mates in 1992 to 17,520 in 1998, budgets and defusing inmate complaints, and clamp-
declined as well. Both expenditures per pris- ing down on inmate violence, the safety of
oner and uniformed employees per prisoner both officers and inmates was greatly in-
were higher in 1993-1994, when the prison creased. Officers were far less exposed to
was still violence-ridden, than in 1998- danger after the reforms. From fiscal year
1999, when violence had dramatically de- 1995 to fiscal year 2001, incidents in which
clined. Thus, stability cannot be attributed staff used major force in confrontations with
mainly to additional resources. Instead, the inmates fell from 240 to 73 incidents per
relative stability in external demands let the 10,000, a decline of 70 percent (personal
prison administrationfocus on dealing with communication, Frank Ciaccio, NYCDOC,
internal issues. February6, 2002). Officers felt less stressed
SMOOTHING ADMINISTRATION/STAFF and more committed to their jobs. Prior to
RELATIONS: TEAMS AND ACCOUNTABIL- TEAMS, correctional staff averaged 21 sick-
ITY. If the key cause of the 1990 riot was ten- days per year; this dropped to an average of
sion between the prison administration and 14 sick-days per year five years later (Kerik
corrections officers, the key reform of the 2000:124).
new administration was directed at that INMATE GRIEVANCES AND IDEOLOGY:
problem. A management forum, given the PROTECTING INMATE SAFETY. Rikers had
acronymTEAMS (Total Efficiency Account- been notorious for its violence among in-
ability Management System), effected the mates. Prisoners lived under constant fear of
reform. TEAMS assembles the Commis- violence and held the prison authorities in
sioner, his senior staff, heads of civilian and contempt for their failure to provide secure
uniformed units, and three or four wardens conditions. To change this situation, the de-
and their senior staff in a single room, once partment reversed a key policy regarding
every three to four weeks to examine events penalties for crimes committed while in cus-
and trends in their facility (authors' inter- tody. Traditionally, an inmate found to have
views and observation). a weapon, attacking another inmate, or in
To support the forum, the TEAMS staff possession of narcotics was punished admin-
collects and verifies data on facility perfor- istratively ratherthan charged with a crime.
mance. The data play a crucial role in direct- Under a new policy, inmates committing
ing the TEAMS meetings. Any spikes in the crimes behind bars were to be rearrested,
trends of these indicators, whether the num- charged with a new crime, and if convicted,
ber of inmate complaints or sick-leave days given a new sentence to be served after any
taken by officers, are noticed. If the trend is existing sentence.
negative, then a remedy must be developed; Previously, three officers were assigned
if the spike is positive, the warden is asked to investigate inmate crimes for the entire
to explain, so others can learn from this po- agency. Not only was the task overwhelm-
tentially best practice. Each and every un- ing, but this small group felt poorly sup-
usual event, such as a stabbing or slashing, ported and insufficiently trained (authors'
is singled out for discussion. In addition, the interviews). Under Jacobson and Kerik, a
warden is typically asked what are the two regular staff unit was charged with investi-
or three most frequent complaints made by gating inmate crimes. The unit consisted of
506 AMERICAN SOCIOLOGICAL REVIEW

36 officers under the direction of a deputy For example, to reduce provocations that
warden. The arrest-initiative would have could lead to violence, the NYCDOC
foundered without the cooperation of the banned gang identifiers, such as gang sym-
local district attorney's office, but this co- bols and jewelry. Commissioner Jacobson
operation was secured. Inmate crimes were first ensured that he had support from exter-
thus investigated and vigorously pros- nal legal authorities for the policy change.
ecuted. Previously, a suit in federal court had given
Within a short period, the new policies inmates the right to wear jewelry if it was
and external support from prosecutors not expensive and could not be fashioned
changed inmate ideology regarding vio- into a weapon. The City returned to court
lence within the prison. From 1996 to 1999, and sought to modify this right and prohibit
the number of inmate arrests increased by gang-identifying jewelry. For the first time
400 percent. One inmate stated, "In here, in almost 20 years, the City prevailed in a
you do the crime, you will do the time. major condition-of-confinement suit in the
They'll nail you" (authors' interview). In a federal courts (Sandler 1995).
press interview, another inmate compared Jacobson then sought to ensure that the
his currentincarceration to an earlier one in order was implemented skillfully within the
1990: "The brothers know that if I cut prison, so as not to generate resistance or re-
somebody, I will get arrested. And one bellion. This stands in contrast to the actions
thing the brothers are not trying to do is get leading up to a riot in 1993 in an Ohio
more jail time" ("An Iron Hand at Rikers prison, when the warden enforced a policy
Island Drastically Reduces Violence," NYT, of requiring tuberculosis tests of inmates
November 8, 1999). against the objections of Muslim inmates,
To again use felony violence as an indica- but without attention to overcoming those
tor of basic order, the number of inmate as- objections (Goldstone and Useem 1999:
saults and stabbings decreased dramatically. 1007-1008). In New York, officials ex-
The rate of violent incidents per 10,000 in- plained the new policy patiently and care-
mates just before the 1990 riot compared fully to inmates. Posters gave inmates 15
with the rate two years after the new admin- days advance notice; wardens advised the
istration took power had dropped by 75 per- inmate councils of the prohibition and an-
cent. The contrast is even sharper if we ex- swered all questions about the policy; all
amine the period just before Jacobson and staff were given roll-call training in its
Kerik took charge with the period five years implementation; and a deputy warden for
after they took office. Focusing on the single programs at each facility was given respon-
month of July for illustrative purposes, in sibility for the process to ensure uniformity.
1994 there were 139 violent incidents in that During the 15-day transition, inmates were
month; in July 1999, there were 7 violent in- given the option of mailing home prohibited
cidents; in July 2001, there were 3 items or surrenderingthem for safekeeping.
(NYCDOC 2000). An inmate commented The policy was implemented without major
that whereas formerly he had to "sleep with disruption (authors' interview).
one eye open," now he can "go to sleep In sum, the new administrationestablished
without worrying."An officer said, "It's like a solid social order in which external agen-
night and day. I'm a whole lot safer now, as cies provided support and resources to meet
are inmates" (authors' interviews). administration needs; administration and
EFFECTIVE RESPONSE AND IMPLEMEN- staff shared a solid information base on con-
TATION. The effectiveness of an administra- ditions in the prison; and inmates felt secure
tion is often revealed by how well changes but were also aware that the staff and admin-
in policy are implemented. Implementation istration were united in enforcing the rules.
that is careless to the concerns of staff and This created a situation in which inmates
inmates often fails and provokes more dis- saw a safe, secure, and well-managed sys-
order; in contrast, implementation that is de- tem that was responsive to their needs and
signed to meet staff and inmate demands and not gratuitously abusive. Furthermore, the
gain acceptance helps establish the authority reforms greatly enhanced the morale and
of the administration. sense of commitment of correctional staff.
RIOT AND REFORM IN U.S. PRISONS 507

These changes occurred without significant privatization and operation of the facilities
changes in the inmate composition, inmate undermined these bases of support.
turnover, or resources per prisoner in the The intent behind private prisons is to save
system. money for the public authorities while still
delivering profits to the private contractor.
This is particularlydifficult for high-security
DESCENT INTO DISORDER:
THE NEW MEXICO PRIVATE prisons, where needs for control and super-
vision are extremely high. Cost-cutting al-
PRISON RIOTS
most inevitably means reductions in staff
In 1998, New Mexico opened three prisons training, pay, and benefits; 60 to 80 percent
that were built and operated by private con- of the costs of operating a prison are labor
tractors. Within a year, each of them experi- expenses (Camp and Gaes 2002:428). Cost-
enced a major riot or riots. On August 5, cutting is always difficult to carry out, and
1998, at the County Detention Facility in this is especially problematic when the
Estancia, five officers were injured by in- prison administration is both burdened by
mates; 12 days later, five inmates and two extreme demands and is under attack from
officers were injured, including one who external authorities. In New Mexico, gov-
was nearly beaten to death and left in a ernment specifically mandated the private
coma. On April 6, 1999, at the Lea Country prisons to impose unusual disamenities on
Correctional Facility in Hobbs, about 170 inmates; at the same time, many New Mexi-
inmates rioted, resulting in injuries to 13 of- can and national political leaders were
ficers and 1 prisoner. Finally, on August 31, sharply criticizing the validity of giving pri-
1999, at the Guadalupe County Correctional vate companies control of state prisons.
Facility in Santa Rosa, inmates stabbed and Thus, from the outset New Mexico's new
critically wounded an inmate and stabbed to private facilities faced attacks from govern-
death a correctional officer. One-thirdof the ment authorities, external pressure to cut
prison itself was severely damaged. This is costs, conflicts with staff and inmates over
a great deal of riot activity for one state over cost-reducing measures, and questionable le-
a short time. Until then, there had been no gitimacy. When prison administrators re-
other riots in the New Mexico prison system acted weakly to inmate provocations and
in the 1990s. Nationally, none of the 28 violence, the stage was set for serious disor-
other states or jurisdictions with private der and multiple riots.
prisons, which comprised 88 facilities hous-
ing over 67,000 inmates, had had any fatal RISING EXTERNAL DEMANDS AND
incidents in 1999; New Mexico's private
REDUCED RESOURCES
prisons-three facilities with 1,718 in-
mates-had four distinct episodes resulting In the 1990s, New Mexico corrections was
in inmate and/or officer fatalities. In short, in a fiscal bind. The state was at or near the
by any standard, New Mexico's private fa- bottom on many indicators of economic
cilities showed an extraordinarybreakdown wealth, yet near the top in state expenditures
of order in this period. Here we analyze per inmate. New Mexico ranked 50th in per-
only the riots at Hobbs and Santa Rosa be- sons below the poverty line (U.S. Census
cause data on the Estancia riots were not Bureau 2000a), 50th in the percentage of the
made available to us. workforce unemployed (Bureau of Labor
Statistics 1999), and 48th in per capita in-
come (U.S. Census Bureau 2000b). None-
PRISON PRIVATIZATION AND
SOCIAL ORDER
theless, the state was fifth among all states
in expenditures per inmate, spending more
The state-centered theory argues that social than twice as much per inmate as did many
order in prisons rests on the prison adminis- other states (Criminal Justice Institute
tration being supported and regarded as ef- 1997:74).
fective and legitimate by external govern- These high costs were the legacy of the
ment authorities, staff, and inmates. In New 1980 riot at the Penitentiaryof New Mexico.
Mexico's private facilities, the conditions of Following the riot, the state entered a con-
508 AMERICAN SOCIOLOGICAL REVIEW

sent decree (Duran v. Apodaca Civ. No. 77- ment could be effected without legislative
721-C [D.N.M. July 14, 1980]) to settle a approval. Once the facilities were built, the
lawsuit filed by inmates in federal court. pressure on the legislature to appropriate
While in some areas the Duran decree only funds for their operation would overwhelm
obligated the state to meet federal courts antiprivatizationopponents. The Corrections
standards, in others it exceeded these re- Department still needed new beds; the fed-
quirements, imposing significant costs. For eral judge overseeing Duran ordered the old
example, the decree prohibited doubling up Penitentiary (site of the 1980 riot) closed by
inmates in cells, even though the federal October 1997 and its 400 inmates trans-
courts have permitted this in other jurisdic- ferred, making the crowding problem even
tions, and much additional prison space was more acute; and the two counties selected as
built to accommodate the state's prison prison sites were eager to bring new jobs to
population in single cells. In addition, to their high unemployment regions (Crane
avoid a reoccurrence of the 1980 riot, the 2000:55-56). The Lea County Correctional
state committed itself to building small fa- Facility (Hobbs) opened in May 1998 with a
cilities in different parts of the state. Al- capacity of 1,250; Guadalupe County Cor-
though this decentralization was intended to rectional Facility (Santa Rosa) began opera-
enhance safety, it also raised costs. tion in January 1999 with a capacity of 600.
After 1984, however, no medium-custody The new facilities dramatically reduced the
bed spaces for males were constructed for overcrowding in the New Mexico prison
over a decade (New Mexico CorrectionsDe- system, yet instead of increasing order, they
partment [NMCD] 1996:13). By 1997, New produced disorder and riots almost immedi-
Mexico had 4,700 inmates but only 3,500 ately.
bed spaces (NMCD 1998). Some inmates Adding fuel to the privatization fire was
were sent to county jails, others to out-of- the emergence, in the mid-1990s, of a na-
state facilities, and still others slept on cots tional prison reform movement that sought
in day rooms at the medium-security pris- to reduce the amenities and programs avail-
ons. The federal judge overseeing the Duran able to inmates. If inmates were provided
decree threatened to release inmates if the fewer amenities, activists argued, prisons
state did not add new beds. would deter crime more effectively (Finn
Yet the state government was divided over 1996; McGinnis 2000; O'Bryant 1996). New
the prison question. The Republican gover- Mexico's governor openly agreed with this
nor, a business entrepreneur turned politi- "no frills" position and committed the state
cian, asserted that privatization would in- to using the new private prisons to achieve it.
crease the number of beds while reducing
costs. He was opposed by the Secretary of
TENSIONS WITH CORRECTIONS STAFF
Corrections and the Democratically con-
trolled legislature. When the Secretary and The new private prisons at Hobbs and Santa
his deputy expressed their skepticism in leg- Rosa faced problems almost from the outset,
islative hearings, claiming that the cost sav- with staff feeling insecure and losing control
ings of privatization were minimal, the Gov- of their facilities. The staff at the two pri-
ernor fired them ("JohnsonFires Top Prison vate facilities, in both the management and
Officials," Santa Fe New Mexican, August line levels, was inexperienced (O'Brien
6, 1996). 2000:167, 214; Vose 2000:306). There were
The Governor also found a way to circum- several reasons for this: The facilities were
vent the opposition of the state legislature. new, they were located in remote parts of the
Two county governments signed contracts state with little population base from which
with private firms to build, staff, and oper- to recruit, and the firm offered low pay for
ate county "jails" ("Deal to Privatize New correctional officers. A starting correctional
Mexico Prisons Will Allow State to Cancel officer was paid under $8.00 per hour. "War-
Bond Issues," Bond Buyer, August 25, dens and staff complained that correctional
1998). Although there was never any ques- staff members are difficult to recruitbecause
tion that the "jail" facilities would be used of the low entry-level salary" (Vose 2000:
to house state prison inmates, this arrange- 306). Because recruitmentand turnoverwere
RIOT AND REFORM IN U.S. PRISONS 509

so problematic, there was a damaging reli- transferred to them meant somewhat lower
ance on overtime work (O'Brien 2000:124). wages for work, higher prices at the com-
The prison staff was also disturbedby what missary, and fewer available vending ma-
they saw as a top-level ineffective response chines (Zoley 1999). A state audit found that
to violence in their facilities. At Hobbs, and prices at Hobbs were 16.4 percent higher
to a somewhat lesser extent at Santa Rosa, than prices in state facilities (NMCD 1999).
violence became pervasive (Vose 2000:331). The decision to reduce inmate amenities
From August 1998 to September 1999, three grew out of a commitment by state officials,
inmates were stabbed to death at Hobbs, and under the governor's leadership, to make
an inmate was bludgeoned to death at Santa prison life harderfor prisoners.
Rosa. At Hobbs, there were 17 major inci- No national standards exist for inmate
dents, several of them resulting in injuries to amenities. Still, inmates entering the private
staff or inmates (Vose 2000:331). Yet, quite prisons were experiencing a cutback in the
unlike the NYCDOC, New Mexico prison amenities available compared with those
authorities made little concerted effort to they were accustomed to in the state's pub-
impose heavy penalties on inmate violence. lic prisons. Most salient was that an inmate
Inmates were rarely prosecuted, and their in a public facility, but not a private facility,
custody level or eligibility for parole often was allowed an in-cell television and a wa-
was unaffected by serious acts of violence ter-heating device. If inmates in the public
(O'Brien 2000:189-90, 263-65). In addition, facilities could heat water or watch televi-
because of a shortage of punitive segregation sion in their cells, why couldn't inmates in
cells, assignments to those cells were often the private facilities? In addition, Duran
trimmed in length. specifically prohibited doubling up in cells
One consequence of this failure to impose in the public facilities. Duran governed the
consistent penalties is that violent offenders operation of the two private facilities, but
remained in the general population. A sec- the settlement agreement permitted double
ond consequence was that the staff "lost con- occupancy in new facilities. The CEO of
fidence in the disciplinary system which the private firm, in the month prior to the
does not effectively deter or adequately pun- Santa Rosa riot, identified the problem:
ish serious rule infractions" (O'Brien 2000: "Prisoners do not like being housed in two-
122). Officers became less willing to issue person cells given they came from state
disciplinary reports, in the expectation that prisons where they were housed in single
they would likely have little effect. person cells, . . . [where they also] had the
benefit of in-cell electricity to watch televi-
INMATE DEMANDS AND IDEOLOGY
sion, listen to music, and make hot drinks"
(Zoley 1999; also see Griego 2000:108;
In part as conscious penal policy, in part as Vose 2000:296, 331).
a strategy to hold down costs, New Mexico's Moreover, the controversy over private
private facilities offered a level of amenities prisons-first brought to the public's atten-
and incarcerationclearly below the standard tion with the firing of a Secretary of Correc-
of the state's public prisons. Inmates' mate- tions-stayed alive. As both individual and
rial grievances were amplified by the spread collective violence escalated in the private
of Native American rights ideology at Hobbs prisons, calls to abandon the privatization
and by rampant threats to inmate safety in "experiment" were made by inmate advo-
both prisons. cacy groups and by some state legislators as
INMATE DEMANDS: AMENITIES AND DEP- well. The inmates' attorney in the Duran
RIVATION. New Mexico state corrections of- case told the press that the situation at Hobbs
ficials informed the private contractorthat- was "an unmitigated disaster" ("Problems at
in contrast to other state facilities-their Private Jails WorryGovernor,"Albuquerque
new prisons should have cells constructed Journal (AJ), January 15, 1999).
for two inmates ratherthan one, and that the INMATE IDEOLOGY AND NATIVE AMERI-
cells should not have electrical outlets (Vose CAN RIGHTS. In 1993, the New Mexico leg-
2000:295). Also, once the private prisons islature passed a law (strengthening a 1983
were operating, inmates found that being law) that gave Native American prisoners a
510 AMERICAN SOCIOLOGICAL REVIEW

set of specifically defined rights to practice ternal support. National advocacy groups
their religion (New Mexico, Native Ameri- working within the U.S. prison systems,
can Counseling Act, Freedom of Worship and in New Mexico in particular, included
[1993] Sec. 33-10-4). Native American in- the Native American Rights Fund, the Na-
mates were given these rights: to have a tional Congress of American Indians, the
sweat lodge on the grounds of the correc- InternationalIndian Treaty Council, and the
tional facility; to not cut one's hair if doing Navajo Nation (Foster 1998). The state leg-
so conflicts with one's traditionalbeliefs; to islature also made itself clear. For example,
possess religious and ceremonial items, in- the chair of the New Mexico Senate Judi-
cluding eagle and other feathers, drums, ciary Committee (himself an attorney)
gourds, and medicine bundles-as long as would later comment, "[T]he spirit and in-
their possession does not threaten the "rea- tent of the [Counseling Act] law [is to]
sonable" security of the prison. The philoso- guarantee Native American inmates the
phy behind the Act is that Native American right to practice their religion" ("Experts
inmates are culturally and religiously dis- Contend the Corrections Department's Ban
tinct, and, if they are to rehabilitate them- Violates the Native American Counseling
selves, they must be given certain cultural Act," AJ, April 22, 2001). From the point of
allowances (New Mexico, Purpose of Native view of the Red Society inmates, their pro-
American CounselingAct [1993] Sec. 33-10- gram was rational, very important to them,
2). While prisons must accommodate a vari- and legitimated as advancing the goals set
ety of faiths, the historical situation of Na- forth in the Act.
tive Americans in New Mexico warranted Yet in the months before the riot at Hobbs,
exceptional efforts. the prison authorities and staff undertook
Hobbs prison housed about half of the what amounted to an attack on what the Na-
state's 240 Native American inmates. This tive American inmates perceived as their le-
group took full advantage of the Native gitimate rights. Under pressure to take steps
American Counseling Act. Soon after the to reduce the rampantviolence, the warden-
prison opened, several Native American in- as part of an effort to impose greater control
mates met with the warden to discuss how to within the prison-terminated all of the Red
implement the Act (authors' interviews). Nation Indian Society's evening programs
With the warden's approval, they formed the (authors' interviews). A series of incidents
Red Nation Indian Society and organized occurred that greatly inflamed emotions. In
extensive activities for Native American in- one, a correctional officer confiscated an
mates. They included, on successive eve- inmate's (to him) sacred eagle feather,
nings, Indian Pipe Ceremony, Talking crumpled it, and threw it on the floor; in an-
Circles, Native American Alcoholics and other, a correctional officer confiscated an
Narcotics Anonymous, Native American arts inmates' cut hair, which he had planned to
and crafts, and Native Americanvideos. Sun- mail to his family. Several times, correctional
days were used for sweat lodge ceremonies. officers prematurelyterminated sweat lodge
Inmates developed a strong ideology of ceremonies with no explanation. Then, the
Native American entitlement. The Counsel- day before the riot, an officer confiscated a
ing Act seemed to legitimate, if not legally sacred drumthat an inmate had been assigned
guarantee, Native American inmates a rela- to maintain and bring to ceremonial events.
tively broad set of rights to exercise their re- In one fell swoop, this last incident encap-
ligion. When those rights were qualified (a sulated not merely the two months of losses,
practice could not constitute a security but the historical oppression of Native
threat), some additional burden of proof Americans-at least in the eyes of the in-
seemed to be placed on prison officials to mates (authors' interviews). While the Red
show that a valid threat existed. At Hobbs, Nation inmates recognized that the prison
not a single event had occurred to suggest was out of control, this rationale to cut their
that the activities organized under the Act programs appeared pretextual, just camou-
posed a security threat. flage. The assaults on inmates were plainly
The policy of allowing Native American the work of gangs, and the Red Society was
religious practices also received strong ex- not a gang. Also, the Native American in-
RIOT AND REFORM IN U.S. PRISONS 51 1

mates could hardly be blamed for the lack of obviously weak. This was clearly evident at
discipline among the correctional force. No both Santa Rosa and Hobbs. During Hobbs's
effort was made by correctional authorities first six months of operation, there were
to explain the decision to close down the eight inmate stabbings and two stabbing
Society's programs, and the treatment by deaths, yet no new disciplinary measures
correctional officers seemed gratuitously were imposed.
abusive. One inmate stated that the sudden Three days prior to the riot at Santa Rosa,
elimination of the program "hurt, deep the governor warned the contractor that if
down" (authors' interview). any more inmates were killed, he would or-
The next day, a group of Native American der all private-facility inmates transferredto
inmates started the riot in a coordinated, public facilities. The warning was reported
planned manner in the cafeteria during the in the press ("Private Prisons Warned,"AJ,
lunch hour. The group arose on a yelled sig- September27,1999). To reinforce and clarify
nal and began striking correctional officers. the message to inmates, the NMCD posted a
According to numerous accounts, once the notice in the private facilities stating that
riot started, inmates of all ethnic back- transfers would be to an out-of-state prison,
grounds joined the ensuing pandemonium. not to a more desirable in-state public facil-
Thirteen officers were severely beaten. One ity. This notice, according to some observ-
Native American inmate explained his mo- ers on the scene, was perceived by inmates
tivation: "I wanted them to feel some of the as a challenge to "get" the contractorby dis-
pain that I had felt. The warden took every- rupting the facility (Fresquez 2000) and was
thing from us. And there was no justifica- later criticized along these lines (Vose 2000:
tion" (authors' interview). Another inmate 292). Even more striking is that the warning
stated, "We have done nothing wrong, and I implied that, for the felonious act of riot, in-
didn't understandwhy" (NMCD 1999:170). mates' most severe penalty would be a trans-
Deprivations that are perceived to be in- fer to a less desirable facility. Inmates could
evitable or a fair response to past actions have been told to expect new sentences for
tend to be accepted as just; those that are rioting, but they were not.
perceived otherwise are likely to be galling Just prior to the Santa Rosa riot, numer-
(Stinchcombe 1978:33-35, 37-41; Useem ous inmate actions occurredthat should have
and Kimball 1989:204-205). Prisoners in signaled trouble, yet these went largely un-
private facilities saw no reason why they punished and unheeded. These actions in-
should be "punished"by double-celling and cluded: (1) Three days before the riot, 15 in-
suffer other deprivations relative to inmates mates in a group were observed to be "pad-
in the state's public prisons. Prisoners knew ding up" (putting on extra clothing in antici-
the consent decree between the State and pation of violence) and acting in a threaten-
federal courts had prescribedone standardof ing manner. The 15 included known gang
treatment;now, they were being subjected to leaders. No administrativeaction was taken,
a lower standard. In addition, prisoners at and the inmates were allowed to stay in the
both Hobbs and Santa Rosa faced unreason- general population (Vose 2000:293). (2) Two
able levels of violence as inmates intimi- days before the riot, two inmates were as-
dated correctional officers and took control saulted. The alleged assailants were identi-
of the prisons. Finally, at Hobbs the Native fied, but no action was taken pending an in-
American inmates perceived severe viola- vestigation (Vose 2000:294). (3) On the day
tions of their rights. Under these conditions, of the riot, rumors were circulating among
it was almost unavoidable that the private both inmates and officers that a major disor-
prison authorities appearedboth illegitimate der was going to happen (Weber 2000:12).
and ineffective. The rumor was not communicated to the
warden or members of his executive staff,
nor was it acted on in any way.
WEAK AND INEFFECTIVE
To restate the conditions in the New
ADMINISTRATIVE ACTIONS
Mexico private prisons, by 1999: (1) The
In the period immediately preceding the ri- state had made demands on private prisons
ots, responses to inmate provocations were that prison administratorsfound difficult to
512 AMERICAN SOCIOLOGICAL REVIEW

justify or handle, including mandating a fective prison administrations, focusing on


lower level of amenities than were available internal divisions within the prison admin-
at public institutions in the same system. In istration, weaknesses in staff training,
addition, segments within a deeply divided flawed execution of routine, and tolerance
state government frequently attacked the le- of gangs and violence (DiIulio 1987;
gitimacy of conditions in the private prisons Useem and Kimball 1989).
and the privatization experiment itself. (2)
Corrections staff members were recently re-
DEMOGRAPHY OF THE PRISON
cruited and given lower pay and less train-
POPULATIONS
ing than were the officers in the public pris-
ons. (3) Prisoners were subjected to reduced Tables 1 and 2 present data on the number
amenities, arbitrarysuppression of state-rec- and composition of inmates at New York
ognized religious rights, and high levels of City and New Mexico from 1990 to 1999.
inmate violence. (4) An ideology stressing For New York City, Table 1 shows that there
the illegitimacy of the private prison admin- was a gradual decline in total inmate popu-
istration, and of specific conditions of con- lation in New York City over this period,
finement in the private prisons, was fueled from a peak of 21,450 inmates in 1992 to a
by external debate and criticism by both na- low of 17,520 in 1998. Crowding also
tional advocacy groups and state officials. dropped, albeit more slowly, from 103 per-
(5) Prison authorities were lax in responding cent of capacity in 1990 to 98.1 percent in
to provocative and violent behavior by in- 1999. However, these gradual trends corre-
mates. Under these five conditions, state- late poorly with the dramatic shifts in vio-
centered theory would predict riots as a lence that occurred after the Jacobson/Kerik
highly likely outcome. regime took charge in 1995.
We look at the years 1994-1995, immedi-
ALTERNATIVE THEORIES ately before the change in regime, compared
with 1996-1997. In 1994 and 1995, the av-
AND DATA
erage daily inmate populations were 18,090
We have argued that the state-centered and 18,870; these numbers increased to
model is a useful guide to the causes of 18,330 and 19,200 in 1996 and 1997. Pres-
prison riots but, in addition, that the five sures on capacity also increased, from 93.6
causal conditions can be altered by the percent and 98.5 percent in 1994 and 1995
policy actions of state and prison authorities. to 99.2 percent and 99.2 percent in 1996 and
We now consider three alternative explana- 1997. Population was thus stable or even
tions for the New York City and New slightly increasing over these years. Yet a
Mexico riots, and for the reduction of vio- key violence measure in Table 1-the rate of
lence in New York City after 1995. inmate slashings and stabbings-fell from
The simplest alternative explanation is 44.3 per 1,000 inmates in 1994 and 54.5 in
that there were demographic changes in 1995 to 22.5 in 1996 and 20.9 in 1997-a
these institutions-changes in the inmate sudden decline of well over 50 percent. In
population, spending per inmate, staff lev- the years from 1996-1997 to 1998-1999,
els per inmate, crowding, and inmate turn- there was a further fall in average inmate
over. Two other theories we examine are the population by less than 10 percent, yet the
prevailing theories of riots in the correc- rate of inmate slashings fell another 72 per-
tions literature. "Inmate-balancetheory" ar- cent between 1997 and 1999. And in the
gues that social order in prisons is main- same period the use of force by officers
tained by the inmates' own social organiza- against inmates fell by two-thirds. In short,
tion, using their own resources and sanc- the decline in violence was rapid and mas-
tions (Bright 1996; Cloward et al. 1960; sive, and particularly for the difference be-
Sykes 1958). Riots therefore follow from tween 1994-1995 and 1995-1996, the de-
administrative "crackdowns," which curtail cline cannot be explained by changes in in-
inmates' ability to regulate their own af- mate population or crowding.
fairs. The other theory, "administrativecon- Earlier we pointed out that some authori-
trol theory," explains riots in terms of inef- ties blamed the high level of violence in
RIOT AND REFORM IN U.S. PRISONS 513

Table 1. Administrative Infrastructure and Violence Measures: New York City Department of
Corrections, 1990 to 1999
Fiscal Year
Variable 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999
AdministrativeInfrastructure
Average daily population 19.64 21.07 21.45 19.34 18.09 18.87 18.33 19.20 17.52 17.56
(in 1,000s)
Populationas a percentage 102.8 102.6 97.4 93.7 93.6 98.5 99.2 99.2 98.8 98.1
of capacity
Operatingexpenditures 1,319 1,311 1,321 1,317 1,302 1,306 1,255 1,203 1,151 1,149
(in constant 1999 U.S.
millions of dollars) a
Operatingexpenditures 67.16 62.22 61.58 68.10 71.97 69.21 68.47 62.66 65.70 65.43
per prisoner(in $1,000s)
Ratio of inmatesto 1.9 1.8 1.8 1.7 1.6 1.8 1.7 1.8 1.6 1.6
uniformedstaff
Prisonerturnover(average 57 67 71 66 60 55 53 53 49 51
length of stay, in days)
Staff Cooperation
Uniformedstaff absence 16.1 15.2 18.7 18.6 18.0 19.6 17.0 13.7 14.6 14.1
rate b

InmateCharacteristics
Number of inmates admitted - - - - 30,694 32,161 32,573 32,639 31,653 29,189
c
chargedwith violent crime
Percentage of total admissions - - - - 27.8 25.5 25.5 24.5 24.3 23.0
chargedwith violent crime
Ratio of violent to property - - - 2.04 2.01 2.08 2.13 2.12 2.22
crimes, new admissions
ViolenceMeasures
Inmate-on-inmateslashings 77.7 65.7 42.3 42.1 44.3 54.5 22.5 20.9 13.1 5.8
and stabbings,per 1,000
inmates
Use of force by officers 62.7 43.0 32.1 32.1 37.1 42.4 32.2 34.7 26.4 12.1
againstinmates, per 1,000
correctionalofficers d

ComparisonAgency
New York State Department 19.2 18.0 19.3 19.5 6.5 24.2 22.4 10.7 20.9 17.3
of CorrectionalServices;
Inmateassaults against
inmatesrequiringmedical
attentionper 1,000 inmates
Sources: Average daily population,operatingexpenditures,ratio of inmates to uniformedstaff, prisoner
turnovercome from CBC (2001); populationas a percentageof capacity and use of force by officers, Mead
(1997) and FrankCiaccio (personalcommunication,NYCDOC,February6, 2002, on file); uniformedstaff
absence rate, Frank Ciaccio (personal communication); inmate-on-inmate slashings, Mead (1997) and
NYCDOC (2000); New York State Departmentof CorrectionalServices, inmate violence, CriminalJustice
Institute(variousyears).
a
Operatingexpendituresare the agency's total expendituresand exclude only capital expenditures.
b
Average numberof days absentper employee.
c Admission
by "highest"or most serious charge.
d Serious or "ClassA" force
only (results in injury,or a correctionalofficer uses a weapon, such as a gun,
baton, or flashlight).
514 AMERICAN SOCIOLOGICAL REVIEW

Table 2. Administrative Infrastructure and Violence Measures: New Mexico Corrections


Department, 1990 to 1999
Year
Variable 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999
AdministrativeInfrastructure
Population 3,134 3,164 3,325 3,472 3,716 4,151 4,549 4,701 4,884 5,127
Populationas a percentage 103.7 98.0 102.7 110.0 112.5 124.7 132.0 127.5 135.5 100.4
of capacity
Operatingexpenditures 124.3 120.0 122.2 120.2 119.1 115.0 147.9 149.4 151.4 155.8
(in constant 1999 U.S.
millions of dollars)a
Operatingexpenditures 39.66 37.93 36.75 34.62 32.05 27.70 32.51 31.78 31.00 30.39
per prisoner (in $ 1,000s)b
Ratio of inmatesto 2.8 2.6 2.8 2.9 3.3 3.6 3.4 3.1 3.2
uniformedstaff
[Nationalaverage] [4.1] [4.4] [4.3] [4.4] [4.4] [4.6] [4.5] [4.5] [4.8]

Prisonerturnover:
Rate of new admission 70.2 68.3 74.1 74.6 77.5 73.2 66.9 63.7 59.7 59.5
to total population
(%, males only)
Average length of stay, 16.4 17.9 16.0 17.8 17.5 17.9 19.4 21.0 21.2 22.0
in months (males only)

Staff Cooperation
Uniformedstaff turnover 17.0 15.9 11.4 13.2 20.5 17.6 15.7 17.9 18.9 17.9
[Nationalaverage] [14.6] [9.6] [11.6] [12.0] [11.6] [12.7] [12.9] [14.9] [15.4] [16.0]
ViolenceMeasures
Inmateassaultsagainst - - 3.6 1.8 1.8 1.5 3.0 3.3 10.1
inmatesor staff, requiring
medical attention,per 100
prisoners
Sources:Population,populationas a percentageof capacity,prisonerturnover(both measures)come from
NMCD (2001); operatingexpenditures,ratio of inmates to uniformedstaff, and inmate assaults, national
average uniformedstaff turnover,CorrectionsYearbook,various years; New Mexico uniformedstaff turn-
over, RobertAlford (personalcommunication,NMCD, February15, 2002, on file).
a Operatingexpendituresreflect the agency's total budget,excluding only capital budget.
b
Average daily cost per inmatefor inmatesconfined in institutions,calculatedby the agency.

Rikers on the high rate of turnover of in- classification of the incoming inmates by
mates. Yet the data show this is not true. crimes committed shows little change in the
Prisoner turnoverin Rikers in the late 1990s number or proportion of violent inmates. In
(given by length of stay in Table 1) was New York City in 1994, 30,694 violent of-
higher than in the early 1990s; indeed prison fenders were admitted; 32,161 were admit-
stays were 15 to 20 percent shorter. None- ted in 1995; and 32,573 in 1996 (Table 1).
theless, slashings and stabbings among in- The percentage of inmates listed as having
mates were reduced by over 90 percent dur- committed violent crimes was 27.8 percent
ing the decade. in 1994, 25.5 percent in 1995, and 25.5 per-
While population size and turnover were cent in 1996. The ratio of inmates admitted
stable or worsening, perhaps the prison for a violent crime to those admitted for a
population had become less dangerous by property crime changed only slightly and in
1999, with fewer violent offenders. Yet the the direction of a more violent offender
RIOT AND REFORM IN U.S. PRISONS 515

population from 1994 (2.04) to 1996 (2.08). private prisons had riots in 1999, yet Santa
But violence inside the prison fell by half Rosa had the fourth lowest ratio of inmates
between 1995 and 1996. to custody staff of any private prison in the
Over two-thirds (68 percent) of the inmates country at 2.1, much lower than the New
in the New York State Department of Cor- Mexico state average of 3.2; Hobbs had a
rectional Services had been sent to state ratio closer to the average for state prisons
prison from New York City (NYS, DCS at 5.5 and rather worse than the state norm
2002). Thus, if New York City inmates were (Camp and Gaes 2000:45-46).
becoming less violence prone after 1995, this Moreover, despite the growth in prison
should be reflected in decreased violence in population, expenditures per prisoner
New York State prisons as well. Yet in 1995- dropped mainly in the first half of the de-
1996, inmate assaults per 1,000 inmates in cade, and during that drop there were no ri-
the state prisons, shown at the bottom of ots. Later in the decade, from 1995 to 1999,
Table 1, was the highest of the decade; more- the period leading up to the riots, expendi-
over this rate in 1998-1999 was nearly iden- tures per prisoner were stable. Interestingly,
tical to the level in 1990-1991. If we com- turnoverin New Mexico's prisons was mov-
pare the inmate assault rates in NYCDOC ing in the direction of greater stability in the
prisons with New York state prisons over this years before the 1999 riots: Rates of new
decade, we see that the violence rate declined admissions fell and the average stay of pris-
substantially only in NYCDOC; it had been oners increased. But none of this prevented
much higher than that in New York state pris- the 1999 riots.
ons at the start of the decade but had de- It is particularlyinteresting to view the se-
creased considerably by the end. curity status of prisoners in New Mexico.
Additionally, if New York City was send- There was systematic underclassification of
ing the state increasingly less dangerous of- prisoners in New Mexico involved with the
fenders, we would anticipate that fewer state placing of some in private institutions. The
inmates would be classified as maximum se- Duran decree as well may have led to
curity. In fact, the reverse is true: Table 3 underclassification. The decree covered only
shows that, in 1998-1999, the percentage of medium- and maximum-security prisoners;
maximum-security prisoners in the New thus minimum-security inmates could be
York state prison system was slightly higher housed more cheaply under non-Duran con-
than in 1996-1997, though rates of inmate ditions. Still, Duran did not give the state an
violence in NYCDOC were substantially incentive to classify prisoners as medium
lower in the later period. versus maximum security. The evidence in
For New Mexico, Table 2 shows that Table 3 suggests that New Mexico had an
prison population and overcrowding in- unusually low percentage of maximum-secu-
creased dramatically in the 1990s. However, rity prisoners in its prisons compared with
these figures are for the state system as a New York State or the Federal Bureau of
whole-and riots occurred only in all the Prisons. In 1999, the year of the riots in New
privatized state facilities. Crowding was be- Mexico, only 6.2 percent of its inmates were
coming severe in the late 1990s, which is classified as maximum- or high-security pris-
why the private facilities were rushed into oners; compare this with 28.1 percent in that
operation. Yet despite the fact that crowding classification in New York State, and 41.4
subsided in 1999 because of the opening of percent in that classification in the Federal
those facilities, it was only then that multiple Bureau of Prisons. Nationally, for all state
riots occurred.And as with crowding, the ra- and federal prisons, 25.5 percent of prison-
tio of inmates to staff escalated rapidly from ers were classified as high- or maximum-se-
1993 to 1997. Yet it was when the ratio of curity inmates. (The two prisons we exam-
inmates to staff dropped back to the levels ined, Hobbs and Santa Rosa, formally had
of the mid-1990s (again mainly because of all of their prisoners classified as medium se-
bringing the new private prisons into opera- curity; none was classed as maximum or high
tion) that the riots broke out. Looking at security [O'Brien 2000:128,179]). Even al-
Hobbs and Santa Rosa, we find no relation- lowing for considerable underclassification
ship between staffing levels and riots. Both (and the percentage of maximum-security
516 AMERICAN SOCIOLOGICAL REVIEW

Table 3. Percentage Distributions of Inmates Classified by Custody Level, 1990, 1991, and 1995 to
1999: New Mexico, New York State, Federal Prisons, and National Average

Percentageof the InmatesClassified


Classificationa 1990 1991 1995 1996 1997 1998 1999
New Mexico Departmentof Corrections
Maximumsecurity 11.0 17.0 3.8 5.2 4.7 3.6 6.2
Mediumsecurity 47.6 54.6 60.8 47.6 51.1 60.0 62.0
Minimumsecurity 32.8 12.7 25.3 22.8 34.8 21.4 17.6
Other 8.6 15.7 10.2 24.3 9.5 15.1 14.2
Numberof cases 3,004 3,195 3,868 4,805 4,658 4,682 5,045

New YorkState Departmentof CorrectionalServices


Maximumsecurity 40.0 36.8 31.6 26.8 26.6 30.8 28.1
Mediumsecurity 49.0 49.5 53.8 51.5 53.0 57.6 53.9
Minimumsecurity 11.0 7.7 14.6 14.5 19.6 11.6 17.5
Other 0 6.0 0 7.1 .8 0 .5
Numberof cases 51,227 54,895 66,758 68,489 69,709 69,384 70,001

Federal Bureau of Prisons


Maximumsecurity 40.2 32.3 32.7 31.1 41.4
Mediumsecurity 24.2 24.3 26.5 29.0 19.7
Minimumsecurity 23.9 26.1 24.4 23.4 22.6
Other 11.8 17.3 16.4 16.4 16.4
Numberof cases 54,644 60,734 85,573 100,250 105,544 112,973 123,041

National Average
Maximumsecurity 21.4 24.5 25.6 25.0 25.5
Mediumsecurity 41.4 34.4 34.7 34.6 33.7
Minimumsecurity 26.7 31.9 31.6 30.6 30.2
Other 10.5 9.3 7.9 9.8 10.5
Numberof cases (1,000s) 674 732 981 1,104 1,150 1,228 1,293
Source: The CorrectionsYearbook(CJIvariousyears).
a "Maximum
security"includes maximum security and high/close security classifications. "Other"in-
cludes inmatesin community(not secure) facilities and unclassifiedinmates.

prisoners in New Mexico dropped from 17 In short, whether we look at total prison
percent in 1991 to 6 percent in 1999, so it population, prisoner turnover,crowding, ex-
may be that the actual percentage that should penditure per prisoner, or security classifi-
have been classified as maximum security cations of inmates, there seems to be noth-
was closer to 15 percent), it would seem dif- ing in the basic demographic data that can
ficult to argue that the extraordinaryamount explain either the enormous and rapid drop
of riot activity in the New Mexico prisons in violence in the New York City prisons, or
reflected an unusually violent or high-risk
population of inmates compared with other Dilulio 1999), which asked inmates about the
prison systems.1 crimes they committed just prior to their impris-
onment. The costs of the crimes of the top one-
1This conclusion is fifth of offenders were considerably higher in
supported by a 1997 sur-
vey of inmates entering prisons in New Mexico, New York ($240,000) and Arizona ($220,000)
New York, and Arizona (Piehl, Useem, and than in New Mexico ($163,000).
RIOT AND REFORM IN U.S. PRISONS 517

the eruption of multiple riots in the New amined in our prior study (Goldstone and
Mexico private prisons. Useem 1999), only two cases were marked
by a "Hobbesian"ideology in which prison-
ers complained of a war of all against all and
INMATE-BALANCE AND ADMINISTRATIVE-
CONTROL THEORIES generalized insecurity. The majority of the
riots were generated not by concerns about
Both inmate-balance and administrative- inmate violence, but by external demands or
control theories appear strongly supported administrative shifts that produced new and
when applied to certain elements of the two poorly implemented policies, staff conflicts
cases. In New Mexico, the leading role taken over new rules and routines, inmate griev-
by Native American inmates in the Hobbs ances over arbitraryor illegal reduction of
riot was a reaction to a crackdown on their services or privileges by the administration,
religious activities. In New York City, the and failures of physical plant or security rou-
pacification of Rikers Island followed an ad- tines to control inmates.
ministrative tightening by the new leader- More directly, simply connecting general
ship. Each theory accounts for elements of inmate violence to riots does not make sense
each case. of the details of the New Mexico and New
The problem is whether these theories can York City riots. The Native Americans who
be applied more broadly to cover important led the Hobbs riot had been, until the riot,
elements across all cases of riots and their nonviolent members of the prison commu-
absence. The riot in Santa Rosa was unre- nity. It was attacks on their religious posses-
lated to administrative crackdowns and is sions and activities by prison staff-not vio-
better explained by the lax control of vio- lence by or against their persons-that led
lence and weak response to inmate provoca- to their key role in initiating the riot. In the
tions and actions, as pointed to by adminis- New York City riot of 1990, the leading role
trative-control theory. Moreover, in New was played by corrections officers who bar-
YorkCity, the crackdown on violence among ricaded the prison to protest an externally
inmates, and particularlyon gang-identifiers imposed court order (the use-of-force direc-
such as jewelry, would be predicted by in- tive) that they believed placed them in grave
mate-balance theory to increase disorder and danger.
generate riots, yet it had the opposite result. In short, inmate-imbalance and adminis-
In these cases, inmate-imbalance theory pre- trative-control theories point to factors that
dicts the opposite of what occurred. are important in causing particular riots, or
Administrative-controltheory, for its part, to specific elements of riotous situations.
cannot account for the broad sense of injus- But neither theory can account for the full
tice over deprivation of amenities expressed range of elements leading to the breakdown
by the inmates at the New Mexico private and restoration of social order in these two
facilities, as these deprivations were partof a cases. Both are accurate in some respects,
deliberate policy of the state government and but by themselves are too simple to account
not the result of lax or arbitraryadministra- for the complexities of these cases and our
tion. Similarly, the impositions on Native data. The state-centered theory-which
Americans at Hobbs were partof a deliberate points to a combination of external adminis-
attemptto combat violence by imposing uni- trative demands on prison administration,
form rules for behavior; their impact on in- conflicts with staff, inmate grievances, ide-
mates was highly provocative but again was ologies of resistance, and ineffective re-
not a result of lax or weak administration. sponse to inmate actions-comprehends the
Violence is a clear symptom of deteriorat- most valuable points of each theory and ac-
ing order and is cited as evidence of failure counts for more elements of these two cases.
by administrative-control theory. High lev- The theory is also more general, capable of
els of violence against inmates and staff, if explaining a phenomenon that neither in-
not suppressed, generally set the stage for mate-imbalance nor administrative-control
further assaults and riots. Yet a prevailing theory lead us to expect, namely the strains
climate of inmate violence is not a general that private firms face in maintaining social
cause of prison riots. Of the 13 riots we ex- order in high-security prisons.
518 AMERICAN SOCIOLOGICAL REVIEW

PRIVATE PRISONS: LESSONS and Lexus-Nexus searches). This was in a


FROM NEW MEXICO AND STATE- national prison system that in 1995 held
CENTERED THEORY 606,252 inmates in 494 state and federal
maximum- and medium-security prisons, for
Over the last quarter century, U.S. policy- an average incidence of 1 riot per 81 prisons
makers have increasingly embraced priva- and per 99,386 inmates (CJI 1996:53;
tization as the solution to public problems, McDonald and Patten 2000:100). Even in
in spheres ranging from healthcare to low- the peak year of the decade for riots in U.S.
income housing, from electric power to prisons (1995), riot incidence was only 1 riot
refuse collection. Government came to be per 41 prisons and per 50,500 inmates. Com-
seen as ineffective, while private enterprise paring these rates of riot incidence, we find
gained credibility as an engine of innovation that in 1999 private prisons experienced ap-
and efficiency. The failures of privatization proximately seven times as many riots per
in New Mexico's prison system suggest prison, and over 10 times as many riots per
some problems with the presumption that inmate, as occurred in the peak riot year in
private enterprises are always more effective the previous decade for all U.S. prisons.
than public institutions. This is a remarkablerate of disorder-es-
In fact, although the experience of New pecially considering that in the United States
Mexico's private prisons was extreme, it was maximum-securityprisoners are one-third of
by no means unique. Surveys of private the medium-securityplus maximum-security
prison performance have found that inmate population, while maximum-security
"[p]rivately operated prisons appear to have prisoners are still rare in the private prisons,
systemic problems in maintaining secure fa- at under 10 percent of this group. In addi-
cilities" (Camp and Gaes 2002:444). tion, most private facilities are newly built,
and thus out-of-date architecture or run-
down conditions cannot be blamed.
PERFORMANCE OF PRIVATE VERSUS
This pattern is confirmed by looking at
PUBLIC PRISONS IN MAINTAINING
ORDER prison escapes. In 1999, 23 prisoners (out of
a total inmate population of 69,188 in all
Private prisons have experienced unusually classifications) escaped from private pris-
high rates of riots and prisoner escapes ons. By comparison, only 1 prisoner escaped
(Greene 2001). In 1999 alone, riots occurred from the secure facilities of the Federal Bu-
in private prisons in Oklahoma (in two dif- reau of Prisons (and that was the first escape
ferent facilities), Tennessee, Montana, and since 1996), out of a secured inmate popula-
Colorado, as well as those in New Mexico. tion of 80,800 with many more medium- and
That makes eight riots during that year maximum-security inmates (Camp and Gaes
within the nation's 49 private maximum- and 2002:442).
medium-security prisons. These prisons held The Federal Bureau of Prisons is particu-
35,860 prisoners, for an average riot inci- larly good at preventing escapes, and so it
dence of 1 riot for every 6 prisons and for may not provide a fair comparison. Focus-
every 4,482 inmates (Camp and Gaes 2000, ing on escapes of prisoners in all state and
table 1; McDonald and Patten 2000:110).2 federal medium- and maximum-security
Comparing this with national data, between prisons, there were 114 such escapes in 1999
1990 and 1998, an average of 6.1 prison ri- (the latest year for which we have data) out
ots occurred in the United States, ranging of 764,784 inmates in 499 institutions
from a peak of 12 in 1995 to a low of 2 in (Criminal Justice Institute 1999; Criminal
1998 (authors' tally from New York Times Justice Institute 2000).3 This yields an es-
2 There was also one riot in a
privateprison
with predominantly low- and minimum-security 3 These figures do not include Maine's 820
prisoners-at Taft CorrectionalInstitution in high security inmates and one prison because
California.This riot was over food servicesand Mainedid not reportits escapesin 1999 (if any)
resultedin no injuriesbut causedapproximately to the Corrections Yearbook. If Federal inmates
$50,000 in damages(CampandGaes2000, table are excludedfrom the denominator,the escapes
1). to inmates ratio is 1 per 6,102.
RIOT AND REFORM IN U.S. PRISONS 519

cape rate of 1 per 6,709 inmates and per 4.4 amenities for inmates. The result is often a
institutions. In the private-prison sector, 20 less well-paid, less experienced work force,
of the 23 escapes were from 49 maximum- with a higher turnoverrate (Camp and Gaes
and medium-security facilities, which 2000, 2002). For inmates facing disamen-
housed 35,860 inmates, including five es- ities-whether in the form of deliberate pri-
capes of inmates during transportto or from vations or arbitraryexercise of authority (as
such facilities. This is an escape rate of 1 per in the suppression of Native American ac-
1,793 inmates, or almost four times higher tivities at Hobbs)-these disamenities are
than all comparable federal and state pris- easily regarded as imposed for the sake of
ons. The escape rate per institution of 1 per the private contractor's gains, and thus as
2.45 is almost twice as high as in the com- unjust. This ideology is further exacerbated
parable public sector. by a vocal public debate criticizing the op-
Unfortunately, it is difficult to compare erations of private penal institutions. Com-
assault and homicide rates among prison bining the several elements above is exactly
systems because assaults are recorded differ- what the state-centered theory argues will
ently in different jurisdictions, and homi- lead to a breakdownof social order-and the
cides are rare events. Moreover, most homi- data bear out this expectation for the opera-
cides occur among maximum-security pris- tion of private prisons in the United States
oners, of which there are over 200,000 in all in the last several years.
state and federal prisons and only 2,772 in The poor performance of private prisons
private prisons (McDonald and Patten under a variety of contractors and in a large
2000:110). Camp and Gaes (2002:443) con- number of jurisdictions further suggests the
clude that results comparing homicides and limits of the administrative-controltheory of
assaults in public and private facilities are prison order. Private prisons should excel in
ambiguous. Based on a survey conducted in efficient management because of the disci-
1997, Austin and Coventry (2001) found pline of the market and the bringing in of
higher rates of inmate-on-inmate assaults in private sector experience. Yet efficient ad-
private prisons (35 per 100,000) than in pub- ministration is evidently not sufficient to
lic prisons (25 per 100,000). create good order in prisons; such institu-
Finally, these problems in private prisons tions present complex dynamics that require
cannot be blamed on a concentration of attention.
faults at facilities run by a single jurisdic- In particular, these complexities have to
tion or contractor.In 1999, escapes, riots, or do with the operation of prisons as hierar-
inmate deaths spanned 23 separate incidents chical societies. Many analysts treat prisons
at 19 different facilities in 11 different states, as "societies" (Sykes 1958) and view their
run by 5 different contractors. The two larg- effectiveness in terms of how well they op-
est contractors-Corrections Corporationof erate as organizations (Dilulio 1987). We
American and Wackenhut Corrections Cor- argue, however, that prisons must be under-
poration-reported 10 and 8 incidents re- stood as having the characteristics of both
spectively (Camp and Gaes 2000:39-43). societies and organizations, and that their
effectiveness depends on succeeding in
both respects. Prison management must
EXPLAINING THE PERFORMANCE OF
PRIVATE PRISONS gain the loyalty of a professional staff and
the compliance of a base population that is
Private prisons face external pressures to involuntarily placed in their care, while also
meet financial goals, and this differs from coping with external demands and con-
the primary mission of prisons generally. straints. This dilemma is familiar to heads
The imperative to keep costs down to win of authoritarianstates. Thus, we are not sur-
contracts and make profits may conflict with prised that theories of social order obtained
the key mission of prisons, which is to pro- from the political sociology of revolutions
vide for the safe and secure confinement of do so well in explaining order and disorder
inmates. Keeping costs down creates new in prisons.
problems for the administration,particularly Although privatization increases the com-
with regard to staff compensation and plexity and intensity of external demands
520 AMERICAN SOCIOLOGICAL REVIEW

on prison management, we do not believe lations, administrativeexpenditures, or reac-


that private prisons as such are doomed to tions to administrative crackdowns; and (3)
fail. The privatization in New Mexico failed the state-centered theory accounts for the
because the governor and legislature im- high rates of disorder in private prisons that
posed a combination of conditions that im- have been documented in recent data.
pacted those prisons-a mandated depriva- Two sets of policy conclusions can be
tion of prisoners and cost savings, along drawn. One set comes primarily from the
with a high level of criticism and contro- Rikers case study and speaks to issues in
versy that undercut the private facilities' le- prison management. The other set arises
gitimacy. When combined with an inexperi- from the New Mexico case study and ad-
enced, poorly trained, and poorly compen- dresses issues in the privatization of public
sated staff, abuses of inmates' perceived institutions.
rights, and weak or inept responses to in-
mate actions, the combination of riot condi-
BRINGING ORDER TO PRISONS
tions was essentially complete. Private fa-
cilities that are managed with an awareness The analysis presented here bears on the fu-
of the conditions that lead to riots and are ture of prisons and jails in the United States,
given full public support and reasonable which are now home to more than 2 million
mandates for the treatmentof inmates could people. Blomberg and Lucken (2000) re-
fare far better. cently argued that prisons will continue to
It is necessary to point out, however, that deteriorate: "Prison riots, hostage taking,
if private prisons see as their main goals sim- gang warfare, and inmate to inmate, inmate
ply the housing of inmates at lower cost and to staff, and staff to inmate violence are all
earning the maximum return for sharehold- increasingly routine aspects of everyday
ers while delivering cost-savings to the state, prison operations" (p. 132). But we suggest
problems may arise. The administratorsare the possibility of a different path. Indeed, the
then likely to neglect those aspects of prison evidence from Rikers Island-a prison sys-
managementthat requireseeing the prison as tem that was considered hopelessly vio-
a society, and may fail to realize that a key lence-wracked and unmanageable-suggests
component of effective prison management that prisons can be quickly turned into a
is providing good social order for that soci- model of stability despite no change in in-
ety. We believe that such neglect most likely mate population or public control. Our case
accounts for the relatively poor performance studies show that this remains true whether
of private prison facilities to date. prisoner turnoveris high or low, and regard-
less of whether prisons are old or new,
crowded or not crowded.
CONCLUSION: CREATING ORDER
The actions that reduce riot risks are as
IN PRISONS AND BEYOND
follows:
Prisons should be seen as small-scale societ- (1) Maintain cohesion and clarity of pur-
ies, and as a particulartype of society-a hi- pose among state authorities, prison admin-
erarchicalauthoritariansystem, analogous to istrations, and corrections staff. Do not un-
a monarchical or dictatorial state (Goldstone dertake changes in policy without clear sup-
and Useem 1999). We have drawn on theo- port and the financial and political resources
ries of revolution to identify structuralcon- to carry out the policy.
ditions that lead to social order or break- (2) Train and protect staff, to maintain
down in prisons. We have shown that (1) the high morale and loyalty to the prison admin-
structuralconditions are not static, but react istration among corrections officers.
in a relatively short time to policy decisions (3) Do not impose arbitraryor poorly ex-
made by state authorities and prison admin- plained or understooddisamenities or penal-
istrations that affect those conditions; (2) the ties on inmates. Levels of inmate safety,
state-centered theory provides a more accu- medical care, amenities, and punishment for
rate and comprehensive explanation for infractions of rules should be clear and con-
change over time than to competing expla- sistent across the prison system and should
nations that look to changes in inmate popu- be consistent with state (and where man-
RIOT AND REFORM IN U.S. PRISONS 521

dated, federal) standardsfor treatmentof in- The debate on school privatization is ex-
mates. tensive, with some claiming that privatiza-
(4) Treatment of inmates by staff and ad- tion has been shown to fail (Ascher,
ministration should strive to maintain legiti- Fruchter,and Berne 1996), and others argu-
macy in terms of public and legal standards ing that it has been proven to succeed
for treatment of prison inmates. Prisoners (Hoxby 1994). Many public schools are
should not have a reason to develop an ide- wracked by violence and poor learning; thus
ology that unites inmates in the belief that building new private facilities, or giving
prison conditions or staff actions are illegiti- control of an entire school system to a pri-
mate and would be rectified if people "knew vate provider may appear to be a solution.
what was happening inside." Yet the contrasting experiences of New
(5) Respond quickly, firmly, and consis- Mexico and New York City should give
tently to inmate actions that infringe rules or pause to accepting that solution. We believe
challenge prison authorities. that many apparentlyunmanageable schools
or school systems could be greatly improved
PRIVATIZATION, CLIENT-INCLUSIVE
by explicit attention to the five conditions
central to maintaining effective order in hi-
INSTITULTIONS, AND SOCIAL ORDER
erarchical social systems.
Given the common practice of privatizing In fact, several studies of schooling have
the delivery of all kinds of services, includ- stressed the importance of precisely the fac-
ing services such as food provision in pris- tors we have noted above as key to maintain-
ons, it may seem odd that privatization of ing social order in hierarchical societies as
prison management has been riddled with importantfor the success of schools. Meyer
difficulties. However, the logic of market (1970) has argued that certain colleges suc-
competition that is supposed to provide for ceed because there is an exceptional degree
more efficient delivery of services is not of consensus and support from the outside
fully applicable to an institution that in- community for the goals of the school.
cludes and has extensive responsibility for Chubb and Moe (1990) have shown that
the welfare of its clients. effective school organization improves stu-
To operate effectively, prisons must rec- dent learning. Controlling for other factors,
oncile a dual responsibility: (1) to provide a student gains at least one year in school
secure confinement of inmates for the state, attainment by attending an "effectively or-
and (2) to provide a stable social order ganized" school that stresses leadership,
within the prison. In this dual character, goals, personnel, and administrative prac-
they are not alone. Bidwell and Vreeland tices. Soundness on these factors, ratherthan
(1963a, 1963b) point out that schools face a particular pedagogical or disciplinary rou-
similar challenge that is also rooted in the tines, promoted school success.
relationships among school administration, S0renson and Morgan (2000) point out,
professional staff, and the population however, that Chubb and Moe ". . . were un-
placed in their care. They argue that schools able to cast much light on what schools with
have a technical aspect-delivery of peda- effective organization actually do to produce
gogical services-and a communal aspect- more learning. They found no effect of the
socializing students to norms of good order. amount of homework required, graduation
Both aspects are important, as learning requirements, administrative routines in the
takes place within a community of students classroom, or discipline" (p. 147). In other
who are subject to the authority of profes- words, education researchers who focused
sional staff and administrators.Rejection of on the delivery of learning services, and not
that authority is inimical to learning. This on the degree of social order in the school as
dual character is a general feature of orga- an hierarchical organization, were puzzled
nizations that include their clients and sub- by Chubb and Moe's findings. These results,
jects them to the authority of the organi- however, are exactly what we would expect
zation's administration. The preceding case from our theory of social order in hierarchi-
studies have implications for privatization cal organizations. Schools have a social
in other institutional settings. character,and a sound social order is neces-
522 AMERICAN SOCIOLOGICAL REVIEW

sary for schools to perform well. Without tions, such as hospitals and medical facili-
good social orderin the organization,includ- ties-may turn on the wrong issues. If
ing respected leadership, good administra- privatization "works," it is not because of
tive coordination, and acceptance of teach- market-driven superiority in the delivery of
ers' authorityby students, other factors-the pedagogical (or medical, or other) services.
amount of homework assigned, graduation Rather, private organizations are effective
requirements, or disciplinary routines-will only if the conditions of privatization-such
not produce good results. These conclusions as a clear charter from the community or
parallel our findings for prisons: We have strong communal values from the Church or
shown that neither demographic factors, nor other source-favor the conditions for good
reform policies, nor a lax or harsh style of social order within the organization. Public
management, have any particular advan- institutions that pay attentionto, and are able
tages; what matters for good order are sound to achieve, the conditions for good social or-
and coherent relationships among adminis- der are likely to be just as effective. By con-
trators, staff, base population, and the exter- trast, private institutions that focus on the
nal community. To the extent that learning cost-efficient delivery of services to the ex-
depends on good order in the school com- clusion of concern for the social order of
munity, we expect that attention to the key their organization are likely to provoke dis-
conditions for social order-including staff/ order and poor performance.
administration/externalconsensus on goals Enthusiasm for treating all institutions as
and procedures and student acceptance of "firms" whose efficiency can be improved
the legitimacy of staff and administrationau- by privatization has led to privatization of
thority-would be crucial for good results. many public services. Yet privatization does
Bryk, Lee, and Holland (1993) explain the not carry the same implications for all orga-
superior performance of Catholic schools nizations, nor does it always assure effective
compared with public schools as mainly the management, as recent studies of the pitfalls
result of success in building the communal of privatization reveal (Markusen forthcom-
aspects of schooling. In Catholic schools, ing; Sclar 2000). Many institutions and com-
"[s]hared understandings about what stu- plex organizations are far more than just
dents should learn and how adults and stu- firms; viewed internally, they have the char-
dents should behave grounds a communal acteristics of societies. In these circum-
school organization.... [S]chool principals stances, which prevail in prisons and may
described their top goal as 'building commu- exist in other institutions, economic analysis
nity among faculty, students, and parents'" is not sufficient for understandingthe com-
(Bryk et al. 1993:139). plex dynamics of internal order. Sociologi-
Prisons are not exactly like schools, but cal analysis, based on theories of state order
neither are they exactly like states. For ex- and disorder, is essential in understanding
ample, prisons do not collect taxes from in- those dynamics.
mates as states do from their subjects. Prison riots are extremely costly in inju-
Rather, we argue that authoritarian states, ries and lost lives, property damage, and
prisons, and schools are all in varying de- perhaps most important, damage to the in-
grees client-inclusive organizationsin which tegrity of the criminal justice system. We
the baseline population is involuntarily sub- believe the basic causes of riots do not lie
jected to the authorityof state administration mainly in the inherently violent or irratio-
and professional elites. Thus, a similar logic nal nature of inmates, but in more general
applies to the operation of these organiza- principles regarding the dynamics of social
tions and to the conditions for their effec- order in prisons. Order can be created and
tiveness. These conditions must balance the maintained by improving the relationships
technical mission of the organization with among prison management, staff, inmates,
the need to provide good internal social or- and outside authorities. We hope that un-
der among the administration, staff, base derstanding this will bring on a time when
population, and external actors. riots, instead of being a regular feature of
The debate about privatization of schools our penal system, become increasingly
-and of other client-inclusive organiza- rare.
RIOT AND REFORM IN U.S. PRISONS 523

Bert Useem is Professor of Sociology at the Uni- partmentof Justice. Retrieved March 18, 2002
versity of New Mexico. He has written widely (http://www.ncjrs.org/txtfilesl/bja/
about social movements and prison riots, and is 181249.txt).
currently completing a study of the effects of Bidwell, Charles E. and Rebecca S. Vreeland.
rates of imprisonment on the crime rate. 1963a. "Authority and Control in Client-Serv-
ing Organizations." Sociological Quarterly
Jack A. Goldstone is Professor of Sociology at 4:231-42.
the University of California, Davis. A specialist . 1963b. "College Education and Moral
in the analysis of revolutions and contentious Orientations: An Organizational Approach."
politics, he is editor of the Encyclopedia of Po- Administrative Science Quarterly 8:166-91.
litical Revolutions (Congressional Quarterly Blomberg, Thomas G. and Karol Lucken. 2000.
Press, 1998), coauthor, with others, of Silence American Penology: A History of Control.
and Voice in the Study of Contentious Politics Hawthorne, NY: Aldine de Gruyter.
(Cambridge University Press, 2001), and editor Bright, Charles. 1996. The Powers that Punish:
of States, Parties, and Social Movements (Cam- Prison and the Politics in the Era of the "Big
bridge University Press, forthcoming). House," 1920-1955. Ann Arbor, MI: Univer-
sity of Michigan Press.
APPENDIX A Bryk, Anthony S., Valerie E. Lee, and Peter B.
Holland. 1993. Catholic Schools and the Com-
Sources of Data mon Good. Cambridge, MA: HarvardUniver-
sity Press.
The data for this study are from original ethno- Bureau of Labor Statistics (BLS). 1999. "New
graphicresearchand secondaryanalysis of official Mexico Had Highest State Unemployment
governmentreportsand from journalists' accounts. Rate at End of 1998." Retrieved October 10,
The field work consisted of the following: 2001 (http://stats.bls.gov/opub/ted/1999/Jan/
wk4/art02.htm).
NEW MEXICO Camp, Scott D. and Gerald G. Gaes. 2000. Pri-
vate Prisons in the United States, 1999: An As-
The New Mexico Departmentof Correctionmade sessment of Growth, Performance, Custody
available files from its investigation of the two ri-
Standards, and Training Requirements. Wash-
ots, which includeddozens of memorandums,40 in-
mate interviews, and 24 staff interviews. In addi- ington, DC: Federal Bureau of Prisons, Office
of Research and Evaluation.
tion, the first author interviewed six inmates in-
volved in the Hobbs riot on January9, 2002 and . 2002. "Growth and Quality of U.S. Pri-
vate Prisons: Evidence from a National Sur-
January23, 2002. At the time of the research,most
of the SantaRosa inmatesremainedunavailablefor vey." Criminology and Public Policy 1:427-
interviews in an out-of-stateprison. 50.
Chubb, John E. and Terry M. Moe. 1990. Poli-
NEW YORK CITY tics, Markets, and America's Schools. Wash-
ington, DC: Brookings Institution.
The first author made two trips to Rikers Island. Citizens Budget Commission (CBC). 1993. "The
During these site visits, he was permittedto travel Performance of the New York City Depart-
freely throughfour facilities, observing and talking ment of Correction: Recommendations for Im-
to inmatesand staff. In addition,he interviewedthe provement."Report, Citizens Budget Commis-
entire seniorexecutive staff of the agency and much sion, New York.
of the middle management(both individually and .2001. "CBC Financial and Service Indi-
in focus groups). He also attendeda TEAMS meet- cators, City of New York, Department of Cor-
ing and observed the operation of the Training rection, Fiscal Year 1990-2000." Retrieved
Academy. The site visit and interviews were con- March 18, 2002 (http://www.cbcny.org/DOC1.
ducted October26-28, 1999 and November 18-20,
1999. pdf).
Cloward, Richard A., Donald R. Cressey, George
H. Grosser, Richard H. McCleery, Lloyd E.
Ohlin, Gresham M. Sykes, and Sheldon L.
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