Working Behind Bars, General Rules for Penitentiary Employees

Florin Proca¹

Abstract: At first glance, working in a penitentiary unit seems quite simple: the employees provides security, accommodation, food, hygiene items, clothing when needed and the possibility of daily recreation for the imprisoned persons and inmates are waiting for the time to re-enter the society. In fact, things are much more complex. The objective of the research is to identify the problems faced by prison staff, other than those clearly regulated by the normative acts as well as to establish the manner of action in case of such difficult situations. I approached this topic because it is of interest both to the new staff employed in such a complex and stressful institution and to the long-term employees in this field. In this “gray” environment, which is in a continuous tension and transformation, new situations always appear that initially seem impossible to solve, situations whose solution is not specified in laws or regulations. Prisons and convicts have been a topic of great interest recently, both in the media and in the legislation, where many changes have taken place for the benefit of persons deprived of their freedom. All this has overshadowed the other human element of the prison environment - the prison staff, which in addition to working in a very dangerous environment and sometimes have to manage people who have nothing to lose, also face the feeling of social isolation due to the numerous restrictions that come with choosing this profession. The long-term negative effects of working with inmates, as well as the unwanted habits that the employees involuntarily acquire due to the nature of the job, should not be neglected, but rather studied and stopped as much as possible.

Keywords: rights, information, adaptation, orientation, correctness

1. Introduction

It is said that very few people in the world do what they love in life. Society offers different jobs, some more pleasant, others not at all pleasant, some that exhaust your physical strength, others that test your intellect, some more interesting, others that routine you, some better paid than others, some that turn you into a more pleasant person or vice versa, some that blend in with your lifestyle and others that have nothing to do with your personal life.

If you work in a penitentiary, you are definitely on the side of the majority, on the side of people who at least sometimes would like to do something else. However, there are also good parts that many are looking for, especially in these turbulent times, such as job stability, retirement age well below standard and above average salary income.

If you choose such a profession, you must learn to adapt to all the situations encountered, to “steal” the profession from the oldest in the system and to constantly develop to meet the system requirements that are becoming more and more complex.

If until two or three decades ago the penitentiary system lived in a shadow and the purpose of the punishment was limited to the passage of the detention time interval according to the conviction established by the court, with the incarceration of high-ranking people the penitentiary became an increasingly studied subject by the whole society and the requirements have increased for both persons deprived of their freedom and for the staff.

According to the decision²of the General Manager of the National Penitentiary Administration inmates can only be rewarded if they have enough credits accumulated. Credits may be granted only for participation in educational, psychological or social assistance programs, for gainful employment or for activities with a role in preventing situations of risk, as well as for persons carrying out support activities for the prevention of suicide in detention.

The methodology³ regarding the professional training of penitentiary police officers approved by order of the Minister of Justice requires employees to acquire new professional skills and to improve their professional training through various activities such as firing weapons, physical training, specialized activities or scientific communication sessions, conferences and seminars. In order to obtain a good grade, all employees are required to accumulate at least 40 credits per year. In addition to the normative acts that largely explain the rights, obligations and general manner of action in certain situations, prison police officers must also learn the unwritten rules behind bars. They are difficult to acquire and master, in years of service with those deprived of freedom and are often passed on from those with experience in this field.

2. General Rules for Prison Police Officers

Rule no. 1 –Try not to be affected, not to change

The death penalty is still regulated in very few states of the world. Currently, the society uses the most the punishment by sentencing a person to prison, by removing from the society the person who committed a violation of the rules of criminal law. Prison is a reality, an ugly place but in the same time a necessity. Try to keep your good principles of life, try not to be affected by what you find in this place, not to behave similarly to the inmates, to understand that the deprivation of freedom of some people is necessary for the protection of many people, not be affected by the life stories of those you have to manage.

Rule no. 2 – Problems at home must stay at home

Personal problems, shortcomings or inconveniences must not influence the way in which the duties are performed. The behavior at work should be normal, focused on the activities you have to perform, without the negative influences of any difficult moments from the personal level. No matter how busy you are, no matter how much you need to tell someone your problems or ask for advice, never forget that this is not the right place for such a thing. By providing details about your home, family or relatives, you can make yourself vulnerable and endanger your family and friends as well as yourself.

Rule no. 3 – It's good to come to work for pleasure

Even if at first sight this seems impossible, it is still achievable. Try to get to know your colleagues, use jokes, have a smile on your face and you will often receive a gentle answer.Working in a prison should not be associated with excessive rigidity, frowning or seriousness. For the penitentiary staff, humor and laughter have become necessary features for surviving the daily work shift, functioning as a morale booster, as a defense mechanism against the suffering caused by certain situations, as well as a way for releasing stress. You can be what you choose to be, don't let yourself be influenced by others, don't walk on the path of the always angry persons and don't forget to smile.

Rule no. 4 – In order to impose yourself, you have to be fair, to be true

To be a true man of words, you must have honour, to assume the correctness, punctuality, responsibility of the word given, of the gesture made and all this not for fear of the laws, but because this is dictated by your common sense and soul. To live with honour means to live respecting yourself and respecting the others around you. Although it sometimes seems that in society this value has become obsolete and has been replaced by disrespect, dishonesty and cunning, however, this value is appreciated where we least expected it. The courage to stand up to non-value will be appreciated by those who have lost their freedom. Respect the person, regardless of the cultural level or the financial power and you will also receive respect; you will be able to impose yourself through what you represent and through what you transmit.

Rule no. 5 – Solve the problems

We all have things to solve, we all have smaller or bigger needs, but for those who have lost their freedom, they can sometimes be solved only with the help of prison staff.Even if they seem to be unimportant needs to those around you, for an inmate, small things can be of great importance. Usually the guarded persons request the introduction of a telephone number in the list of those they can call or the introduction of a person in the list of visitors; small things at first sight but of great significance to those in prison. If solving a request of an inmate is within your competence and it is within the legal framework, solve it as soon as possible, show him that he also matters, that his needs are known and he can also have help in the one who has to guard him and to punish him if he violates the rules of conduct. By doing this you will gain the respect of those deprived of freedom, which will make your job considerably easier.

Rule no. 6 – Do not intervene alone in conflicts

Even if you feel very well prepared, even if you have an excellent physical condition, even if you know those involved in a physical conflict, it is not advisable to intervene alone in a physical conflict. You never know what forbidden objects inmates involved in a fight may have on them, it may be a diversion; you may be attacked by those in conflict. In such a situation, you must firmly order them to stop, call for help and observe the behaviour of those involved until the arrival of colleagues.

Intervention alone in a conflict is prohibited unless there are no other solutions available. This is the general rule on the immobilization of persons deprived of their freedom from the Manual⁴ on the use of immobilization means and techniques in the penitentiary system, which clearly states that intervention is not permitted by the use of immobilization means and techniques by a single staff member except only in an emergency situation.

Rule no. 7 – Don't tell your friends too much about your job

Most people know the prison system only from what they hear or from what they see on TV. For them, the problems in the penitentiary are very interesting, exciting and they will not hesitate to ask you for explanations and details about what you do or what you see at work. Avoid giving details from behind bars primarily because you are not allowed to do so under the code of ethics⁵. It is also possible that some things that seem normal to an employee of the penitentiary system in this type of service (e.g beatings, self-aggressions, rapes, suicides, etc.), for those who have not come into contact with the prison environment to appear as horrible things, unimaginable things. By telling such stories with ease you will be marginalized and categorized as a cold person, without feelings and to be avoided. There is also the possibility of being misunderstood by those you provide information to and of sending the wrong message because most people do not know the ins and outs of prison work.

Rule no. 8 – Respect their rights

The employee must understand that the inmates are people; they are deprived of their freedom, not of all rights. Deprivation of freedom is in itself a punishment. The prison management should not impose additional penalties on inmates, but on the contrary, inmates should be encouraged to use their time in prison to acquire new skills, improve their education and eventually integrate into society as useful elements. Even if sometimes the rights of a person deprived of freedom seem more than those of a civilian person, as long as the legislator has established them by law⁶, rights such as the right to information, the right to consult personal documents, the right to legal assistance, the right to petition and the right to correspondence, the right to telephone calls, the right to intimate visit, the right to health care, treatment and care, the right to education, etc. must be respected.

Rule no. 9 – Do not judge

As an employee of such an institution, you can have access to information about the criminal act of each incarcerated person and you can know in detail how they committed the crimes. No matter how awful the criminal acts committed by the inmates, do not let yourself be led by feelings of repulsion towards criminals. Do not judge people only by the deeds committed; try to treat them in a unitary way; it is the strict task of the Court to judge the actions of those who break the law and to establish a punishment. The role of a prison police officer is to complete the purpose of the punishment: that of preventing the inmates to commit new crimes and creating a correct attitude towards the rule of law, towards the rules of social coexistence and towards work, in order to reintegrate the inmates into society as useful elements for society⁷.

Rule no. 10 – Don't discriminate

The nationality, religion, ethnicity, the language spoken, sexual orientation, political affiliation, wealth, social origin, age or health status of the inmatesshould not matter in their differentiation. The detainees are differentiated by the conduct they adopt during the detention, as well as by the manner in which they are involved in educational, social and psychological programs during incarceration as well as by their involvement in lucrative activities, all these having a significant contribution to changing the execution regime to a more permissive one, providing rewards or parole. Pre-conceived ideas will prevent you from having a normal relationship with the people you have to manage and you will not be able to be impartial in all the situations.

Rule no. 11 – Orient yourself, adapt to the limits of each individual

People are different not only physically but also intellectually, some have learned a lot and have university or even postgraduate studies, while others have only the school of life. If in the life from the society, as a rule, the saying is valid according to which “Knowledge is power”, behind bars the things are a little bit different. Those who have an ascendant among the persons deprived of their liberty are, in most cases, those who went to school a few times. As an employee, you need to adapt to the cultural and knowledge level of each interlocutor in order to understand their needs, as well as to be able to anticipate their actions before they are able to put them into practice. Most prison police officers, due to lack of time or carelessness /disinterest, avoid or do not pay enough attention to those who have no influence in the group of imprisoned persons. It is sometimes said that great things are made with common/small people and this is sometimes true in the penitentiary. Take the time to listen to the detainees that the crowd rejects, this will matter a lot to them. In addition to the respect they will certainly give you, it is possible to provide you with some very important information that will never come from the leaders of those in custody, information that can prevent very serious misconduct or even crime.

Take the time to listen to the detainees that the crowd rejects, this thing will matter a lot to them. In addition to the respect they will certainly give you, it is possible to provide you with some very important information that will never come from the leaders of those in custody, information that can prevent very serious misconduct or even crimes.

Rule no. 12 –Don't give in to complaints

The employees from the security of detention sector and prison regime are among the most complained persons/people in the budget system. During their careers, most of them will be summoned, will go to hearings and will give statements regarding the activity carried out during the service at various institutions such as the prosecutor's offices attached to Courts, police departments, delegated judge, courts of law, National Administration of Penitentiaries, the Ministry of Justice, the National Anticorruption Directorate, etc. The right to petition is unlimited, this being also guaranteed by the fundamental law⁸. Most part of the detainees resort to this form of pressure upon the employees because they are dissatisfied with those who did not allow them to carry out certain illegal activities, sanctioned them for misconduct, did not comply with requests from the inmates or will to make a name for themselves in front of the team through this form of misunderstood manhood. Even if the penitentiary system does not currently have a legal basis for protecting its employees against these harassments, do not let yourself be affected by this attempt to be intimidated and keep the correct line of execution of the service.

Rule no. 13 – Be informed

Even if at first sight it seems a job in which if you are important and strong, you don't need anything, the job or work in a penitentiary institution is a very complex one, in which you have to combine the physical qualities with the intellectual ones. Even if the average schooling among detainees is somewhere at the level of general education, they take advantage of the free time available and are very interested in the rights they have and the benefits they can receive during detention. Among them there appeared people who want to produce money from the carelessness, disinterest or ignorance of the rules by employees and constantly make complaints against the prison administration asking for money as moral damages. Some of them claim and receive goods from the fellow detainees with a low level of education to make complaints on their behalf. It is advisable to read, to document yourself well about all the legislation applicable to the penitentiary system, to always be prepared. At the same time, through tact and effective communication, form a circle of informers among those who have broken the law, gather information about certain actions before they are put into practice in order to have the necessary time to stop or counteract the negative effects.

Rule no. 14 – Form an image

The image that you create matters very much in all the fields or areas, not just in the penitentiary system. You must be very careful about everything you do because a good image is usually formed in years and a bad image can be created in a few moments. Try not to be just a “drop” of water in the sea, try to make a name for yourself, to be known before being seen. This thing is difficult to build; sometimes it takes years, and requires a lot of work, stress, balance and stability. All the work will be rewarded after forming a name among the team, the activities will be easier on the normal way, you will get to understand yourself only from the looks and the imprisoned people will not try irregular activities in your presence or under the “umbrella '' the authority that you will have.

Rule no. 15 – Keep your physical condition

You must always be aware of the reality, of the fact that in this environment at any moment there is the possibility of being attacked, your physical integrity will be jeopardized. The danger does not end when you go out the gate of the unit, you must always be prepared for a meeting with a dissatisfied former “customer”. If you forget this and get into a daily routine, you will become vulnerable and you can become a target of a crime. Keep your physical tone, make physical exercises, be active, because all these will keep your balance and your mental strength at the same time. Take advantage of all the self-defence courses offered by the workplace, take part in convocations on this topic whenever you have this opportunity. Physical training is very good in extreme situations where discussions have failed; prisons have long gone from the rule based on the physical discipline of the group of detainees to the rule based on communication, negotiation skills and adaptation to each individual.

The physical training is very good in extreme situations where discussions have failed; the prisons have long gone from the rule based on the physical discipline of the group of detainees to the rule based on communication, negotiation skills and adaptation to each individual.

Rule no. 16 – Do not accept bribe

Although this general rule is known to everyone, there are still persons who are influenced by the joy of the moment and choose to violate it to increase their income quickly and effortlessly. The criminal law⁹ punishes this deed with imprisonment from 2 to 7 years and the prohibition of exercising the right to hold a public office or to exercise the profession or activity in the execution of which he committed the deed.Be contented/ thankful with what you have and if you want more, learn, work, and try to get more on legal ways. By breaking the law, you endanger the peace, emotional balance and financial security of the whole family.

At the same time, the authority among the team that you have to manage will decrease, the work/ job relations within the group of colleagues will deteriorate and you will be put in difficult situations if those who gave bribe will commit disciplinary offenses and will have to be sanctioned.

Rule no. 17 – Don't identify yourself at the workplace

The harsh impact that the individual feels when entering this environment, the strictness of orders, the feeling of danger during and after work, the stress caused by the daily routine in the same closed environment, sometimes depressing, the transposition of behaviour in and out of prison lead, in time, to self-closure, to the impossibility of linking relationships outside the penitentiary, to the lack of interest in the development of interpersonal relationships, which causes a process of involution, slow but sure, of the individual who carries out his activity long time in direct contact with persons deprived of their liberty. You need to be aware of all these negative aspects of this type of work and try to avoid them as much as possible by spending as much free time with the family and friends as well as by giving the necessary time to your hobbies.

Rule no. 18 – Don't denigrate your job/workplace

The one who throws harsh words at the institution where he works affects his own status because according to the image of the institution, the employees will also be categorized. No matter how hard or demanding is the job that you have, don't forget that the possibilities of living, eating, having fun and recreation, maintaining your own person and family are due to the job that you perform. Unlike the persons deprived of their liberty who came behind bars as a result of a court decision, the employees came to this job voluntarily; moreover, they learned, trained physically and mentally and gave exams to enter the penitentiary system. Those who will adopt the technique of the staff always dissatisfied with working conditions and bored of work will be marginalized in a short time by the team of colleagues. The identified problems or shortcomings can be brought to the knowledge of the decision-makers, along with clear arguments and even with a recommendation to improve the activity.

Rule no. 19 –Offer them small enjoyments within the legal framework

The prison employee must not be a wall, a stone sheepfold, but a flexible person who knows how to apply sanctions in case of disciplinary violations and can also award rewards when the inmates behave in accordance with the legal rules and inner regulations. For those who by the behavior adopted behind bars have proven that they can behave well, small legal incentives can be granted such as: the extra food left after serving the whole team can be given to those with limited material possibilities, those who do not receive money or goods from the family members, the detainees who are relatives may be accommodated in the same room if it does not affect the safety of the penitentiary or the smooth running of the activities carried out in the penitentiary.

Rule no. 20 - When you leave work, leave everything behind

Most say that the employees in a penitentiary are jailed for money. This thing is wrong, sometimes the employees of a place of detention may have more freedom and more opportunity to move than those who have a normal job. The rigors that such a job sometimes requires, such as permanent seriousness or excessive rigor do not always have to be applied outside the workplace.

When you leave the gate of the unit, you are no longer the prison policeman, you are a normal person with needs for socializing, fun, walks, holidays, etc. Don't let the difficult times at work or the horrible things you see or live there lead or influence your life.

3. Conclusions

It is well- known the fact that the success of an institution depends, in principle, on the internal mechanism, made up of internal rules and values, but especially on the staff working within the institution. The penitentiary environment is all the more interested in the presence of a specialized staff as numerous, enthusiastic and involved, taking into account the specifics of the environment and the people we work with.

The social importance of the activities carried out, the characteristics of the duties that involve special duties and risks, the specific working conditions determined by the closed environment, the degree of danger of the persons deprived of liberty, the pressures, threats and permanent stress give civil servants in the penitentiary administration a special status, which imposes on them the obligation to respect the ethical values stipulated in the statute of prison police officers: responsibility, professionalism, integrity and transparency¹⁰.

Order is necessary for both detainees as well for the prison staff, because without it, chaos would be created. The detainees need order to establish hierarchy among the collective, while the employees need this order to feel that they are working in an organized and controlled environment. Order, discipline within the group of criminals is done by the administration of the place of detention with a lot of work, a lot of sacrifices and sometimes affecting the safety of employees.

Personal safety is an issue of interest for the staff in places of detention, both inside and outside the penitentiary. Those imprisoned are not free in the penitentiary, and staff members are sometimes their direct enemies. The daily pressure that employees are subjected to, the feeling of suspicion that sets in over time, the fear of not meeting outside the penitentiary a former detainee with a thirst for revenge, with mental problems or relatives / friends of convicts generates a constant state of discomfort, with devastating effects on the physical and mental health of the individual, upon the personality, on his social relations, as well as on the whole personal life.

The feeling of suspicion is installed during working directly with the criminals, which is reflected in the personal lives of those who work with convicts, becoming more skeptical, more careful, sometimes in an exaggerated manner.

Knowing broadly the rules of a prison unit, each individual can analyze the benefits and disadvantages of such a job and can determine whether or not he is ready for a career as a prison police officer.

References

The decision of the general manager of the National Administration of Penitentiaries no. 443 of May 24th , 2016 on the approval of the Working Procedure for awarding rewards based on the Credit System for participation in educational activities and programs, psychological assistance and social assistance, lucrative activities, as well as the prevention of risk situations.

OMJ no. 3.513 / C of September 8th , 2020 for the approval of the Methodology for organizing and conducting the professional training of penitentiary police officers, as well as the criteria for evaluating its results.

Textbook on associated structures for special security measures, as well as for the use of immobilization means and techniques - Volume I personal safety.

Code of ethical behaviour of January 14^th, 2021 of the personnel from the penitentiary administration system, established by the decision of the ANP manager no. 321 from 2021.

Law no. 254 from July 19th 2013 regarding the execution of sentences and custodial measures ordered by the judiciary authorities during criminal proceedings.

The Romanian Constitution adopted by the Constituent Assembly on November 21^st, 1991, revised by national referendum on October 18^th-19^th, 2003, art. 51.

Law no. 286 from 2009 – Criminal Code from 17^th July 2009 published in the Official Gazetteno. 510 from 24^th July 2009.