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Preparing for Prison or Jail
No matter if you (or a loved one) are heading to a county jail, state prison, or a federal prison – incarceration can be frightening, confusing, and bureaucratic for first time offenders and their families.
Regardless of what state you in (and what facility you are going to), adopting a proactive approach with a plan - prior to sentencing - can help to enhance your incarceration time by having a focused strategy on how to use your jail time, take advantage of the opportunities provided by the correctional facility, minimize conflict with other inmates, and focus on preparing for life after incarceration.
Jail vs. Prison
While used interchangeably by most people, it’s important to understand that prison and jail are not the same. Jails are run at the county level in each state and typically house people:
(1) accused of a crime while awaiting trial
(2) holding convicted offenders awaiting transfer to or from a prison (or another facility)
(3) convicted of a crime and serving (typically) a sentence of 2 years or less
County jails typically hold a wide variety of inmates – from first time offenders incarcerated for minor crimes to habitual “hardened” criminals including gang members.
In many cases county jails can be safer than state or federal prison, but because they typically don’t have the various security levels, unless you are in solitary confinement (also called a “segregated housing unit”, or “Shu”, or “protective custody”), you may be housed in general population with everyone.
Prisons, however, are run by either the state (a state Prison) or the U.S. Federal Government (a federal prison). Prisons hold people incarcerated for lengthy sentences, including life sentences.
Regardless of where you are incarcerated, there are the basic rules around etiquette, how to interact, what to do/not do when in a confrontation, how to engage with correctional officers and other internal support staff (medical, management, etc.), how to handle basic internal issues, and what to expect.
Preparation is Key: Plan for Success
Before entering jail or prison, it is critical that you plan.
One of the biggest mistakes that we see defendants and their families make is to ignore the upcoming sentence because they are focused on other things around their court case. Or perhaps, they are holding out hope that they will avoid incarceration entirely. The trauma of the criminal justice system for a first-time offender and their family and loved ones can be so overwhelming that the tendency can be to “stick your head in the sand” and ignore what is happening until it happens.
If you or a loved one is going to have a sentence of more than 3 months of incarceration – the most critical thing you can do is to prepare and plan. That preparation includes planning for the defendant who will be doing the time but also planning for the family and friend network that will be supporting the incarcerated person with financial and emotional support.
Start by learning about the jail or prison you will be serving your time at. If you are serving time in county jail, finding the county web site for the local jail is a good place to start. If you are serving time in state or federal prison, you will not know exactly where you will serve your time. An experienced prison or jail consultant will be able to provide some guidance on the facilities you are most likely to be incarcerated at, based on your security level, time, and diminution credit calculation.
Additional components of your preparation should include the following:
Medical and Dental Preparation
Think about your medical or dental health and take care of any issues that you have been avoiding (e.g. cavities). Medical and dental care in jail and prison is very limited. Most people are surprised to learn (for example) that if you get a cavity and need dental work, you will simply have your tooth pulled. There are no filings, crowns, etc. If you are able to handle any medical or dental issues, you should do so before sentencing.
Financial and Personal Property Management
There are financial steps that should be taken. From simple things like having a power of attorney (POA) to more complex financial planning based on the length of your sentence and your own financial situation. Once you are incarcerated, it is very difficult for you to manage your outside personal affairs from a jail cell.
If you plan on paying for your own commissary and other expenses while incarcerated, having an accurate projected monthly budget for both in-prison (commissary) and out-of-prison (i.e. rent, loans, etc.) will help you to understand your expenses and who is responsible for sending money to you and paying your bills on the outside.
If you are incarcerated for more than a year, there are other financial planning activities that you will want to consider – such as allowing a trusted friend or family member on the outside to use your credit card, ensuring that your credit score/history does not fall due to non-usage.
Make a Physical and Spiritual Plan
Prioritize regular exercise to manage stress, boost energy levels, and enhance your mental state. A good fitness regime can be beneficial in any type of facility. If you are already an active person who regularly works out, focus on continuing that effort prior to your incarceration. If you don’t, starting a work-out routine - even a simple physical plan, such as getting up early in the morning and having a workout routine of push-ups, sit-ups, and walking will help to focus you and prepare you for incarceration.
Prison can take a toll on mental health. Actively seek support from mental health professionals, prior to your incarceration if possible. Utilize individual counseling, group therapy, and specialized programs to address anxieties and develop coping mechanisms.
If you are religiously inclined, plan to participate in available services and connect with chaplains or others. Engaging in spiritual practices can provide comfort and a sense of community.
Jail and prison are very structured environments. Using the existing structure and building on it with a personal daily or weekly plan for physical, spiritual, and emotional health will help you to maximize the experience.
Planning With Family and Friends
Staying connected with family and friends during your incarceration can often be a lifeline. But besides sending money, writing letters, and coming to visit, there should be detailed pre-planning that occurs with your family and friends.
The amount of planning and action items will largely depend on your personal and financial situation but having a prison consultant lead a structured discussion with family and friends prior to sentencing can help significantly, especially in the early days of incarceration.
No one wants to be incarcerated only to have to wait for weeks to receive money for commissary, because the family doesn’t know what to do or how to send money to the inmate and then spends time scrambling trying to figure it out.
In some cases, if inmates have cash on them during processing, the jail will convert that cash directly into the inmate’s account at the same time they are being processed into the jail – thereby allowing the inmate to have access to funds immediately. Having immediate access to funds allows you to easily make phone calls and order needed items from commissary (clothing, bathing supplies, etc.).
Sentencing Day: Starting Your Incarceration
When it comes to clothing and personal property, county, state, and federal facilities have different items that are allowed or not allowed. Our team will help you understand what to wear at sentencing, what you can take with you (such as prescription glasses) and what to leave with a loved one (driver’s license and wallet).
One of the many things that you should have done prior to your sentencing day is to prepare a comprehensive list of contact details for family, friends, and legal representatives ready to go. This information can then be mailed in after you have your inmate number and are able to receive mail.
Day 1–Day 30: Getting Situated
The first 30 days of incarceration may include a variety of medical tests, fingerprinting, a DNA sample (for those convicted of sex offenses), some time spent in isolation during evaluation, movement between different facilities (i.e. going from a detention center to a jail), general uncertainty about what to do and where to go (where do I sit to eat? What do I tell others if someone asks me about my charges? How to I stay safe?) and more.
Most first-time offenders will not think of all the situations or questions until they are experiencing them in person. The goal of a good prison consultant is to help present an outline of what you will experience before you experience it – and provide detailed guidance on the questions and situations that come up in the first 30 days. Taking away the uncertainty and providing instruction on how to act and respond to situations, can provide a measure of comfort for the incarcerated person and their family.
Using Your Time Productively
It’s critical that you do the pre-planning for the “need to know” parts of incarceration preparation and that you go into jail or prison with a plan to be busy. Using your time productively can keep you focused, out of trouble, and even help with parole in the future. Engage in meaningful activities to structure your days and prevent idleness. Secure fulfilling work assignments within the prison, potentially exploring new skills or trades.
Take advantage of educational opportunities, whether it’s pursuing a GED, participating in Adult Continuing Education courses, or enrolling in college correspondence programs. If you are college educated, you can explore opportunities to use your education to help others.
In general, the focus should be on expanding your knowledge and equipping yourself for a successful re-entry into society. Discover activities that align with your interests and passions. Explore hobbies, writing, or teaching to find a sense of purpose. These activities can help you stay motivated and maintain a positive outlook.
Navigate the Social Landscape: Stay Safe and Avoid Trouble
Understanding the unwritten rules of prison life is crucial for a safe and peaceful experience. Being prison and surviving the experience is something that is often highlighted and glamorized in the movies and television.
During the preparation phased, we advise clients against watching too much on social media about how to act or engage in prison or jail. There can be many conflicting (and in some cases, not accurate) opinions. In other cases, these situations are dramatized for effect (and views). But there are a few basic rules that everyone should know.
Mind Your Social Interactions
Be cautious when navigating the complex social dynamics of prison or jail. Avoid unnecessary conflicts, practice conflict resolution techniques, and maintain a respectful demeanor towards both staff and fellow inmates. Prison culture operates very differently than life “on the outside”. As a first-time offender, you need to understand the behaviors and actions that can create conflict. In many cases, actions or comments that would not be an issue in the outside world, can create conflicts that escalate quickly.
Steer Clear of Prison Politics
Maintaining a low profile is often the best approach. Resist the temptation to get involved in power struggles or gang affiliations. Avoid gambling or other higher-risk activities as much as possible. Focus on your own well-being and personal growth. In some instances, you may be told that you are going to be with a certain group (gang). Knowing if you are likely to be put in this situation and how to act is part of the planning process.
Safeguard Your Privacy
Refrain from discussing your criminal charges with other inmates. Sharing such information can make you vulnerable to manipulation, exploitation, or victimization. In some cases, you may be asked to show your “paperwork”. If you have been convicted of a sex-related offense, this situation can be troubling. If you have “bad paperwork”, you could be exposed to dangerous situations. If you are convicted of a sex-related offense or an offense against a child, our team can help provide you with the details of how to handle these situations should they arise.
Respect the Rules
Familiarize yourself with the jail or prison's regulations and adhere to them. During processing you will be given a handbook that provides the most current information about the facility. Take the time and read it to understand expectations. Treating everyone with dignity and respect is a foundation for success. But be careful of being too friendly with staff and corrections officers. Understand both the written and “unwritten” rules.
Conclusion: Next Steps
If you or a loved one is facing incarceration in a local county jail, state prison, or federal prison – it is probably a very confusing time. Let your attorney focus on the legal aspects of your case and consider hiring an experienced prison or jail consultant to help with the rest.
Contact us here for a free, no-obligation phone consultation.
Copyright © 2024 XER Group, LLC, d/b/a as Smith & Good Associates. All Rights Reserved. XER Group, LLC, d/b/a Smith & Good Associates is not a law firm or a substitute for an attorney or law firm. The information you provide is not protected by attorney-client privilege. If you desire legal advice, you should consult with a licensed attorney in your area.
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