Download Attica CORRECTIONAL FACILITY - Correctional Association of New

Attica CORRECTIONAL FACILITY
The Correctional Association
of New York
April 2011
A REPORT FROM THE PRISON VISITING PROJECT
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
ATTICA CORRECTIONAL FACILITY: 2011
Attica Correctional Facility, a maximum-security prison located in Wyoming County in
Western New York is the one of most notorious prisons in New York State, if not the country. The
facility’s infamous history continues to infect the atmosphere and conditions facing inmates. A
shadow was cast upon the facility in early September 1971, when 1,300 inmates rebelled to protest
their conditions of confinement. The rebellion, during which the inmates held 40 correction
officers hostage for five days, resulted in a siege of the facility by state troopers that left 43
casualties, including 33 inmates and 10 guard hostages.
The Attica rebellion brought the plight of incarcerated individuals to the forefront of the
nation’s consciousness. No longer were these invisible people experiencing invisible injustice
behind brick walls and barbed wire fences. The prisoners’ demands included basic civil rights
such as medical care, religious and political freedom, and education, in addition to parole reform
and a living wage. Something had to be done to ensure that incarcerated individuals were afforded
basic civil rights and given some opportunities for education and rehabilitation. We have certainly
made substantial progress since 1971 – inmates are afforded medical care, opportunities for
religious expression, and mandatory educational programming for those without a high school
diploma or equivalent; however we have a significant ways to go.
The Visiting Committee of the Correctional Association of New York (CA) visited Attica
on April 12th and 13th, 2011. We were pleased to find a college program and a variety of mental
health treatment services, in addition to other positive programming. However, it was apparent
that the atmosphere that existed prior to the 1971 rebellion lingers and pervades nearly every
aspect of the facility, from inmate-staff relations to housing assignments, facility movement and
even program times. A constant level of tension is felt throughout the facility, where officers walk
through the corridor and mess halls smacking their batons against the palms of their hands and
inmates walk in military fashion, in two lines side-by-side, eyes downcast, in eerie silence.
After providing a draft of this report to Department of Corrections and Community
Supervision (DOCCS) and Attica officials, we had a conference call on December 2, 2011 with
prison administrators to discuss our findings and recommendations. We appreciate the prison
officials’ input during that conversation and their response to our request for updated information
about recent prison operations. We have included this information in the report.
-2-
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
METHODOLOGY
The CA’s Visiting Committee visited Attica to assess the services and conditions at the
prison. We obtained surveys about general prison conditions from 269 inmates in general
confinement, in addition to 63 program- or location-specific surveys from inmates in the Special
Housing Unit (SHU), Intermediate Care Program (ICP), Transitional ICP (TrICP), Special
Treatment Program (STP), Protective Custody (PC), and the Alcohol and Substance Abuse
Treatment (ASAT) program.1 To obtain survey participants, the Visiting Committee asks inmates
in programs and in their housing units if they would like to participate in this voluntary process.
We then mail surveys to each inmate who provides us with identifying information. Inmates are
assured that the CA has “privileged mail status,” permitting Department staff to open surveys only
to search for contraband but not to read the contents, as with regular mail. We also assure inmates
that we do not include any names or identifying information in our reports, because retaliation by
staff is a significant concern for survey participants.
Despite our efforts to preserve inmate confidentiality, we cannot ensure that inmates will
not be targeted or retaliated against for assisting us in our work. We visited nearly every housing
area during our two-day visit and mailed in 956 surveys; however, less than a third were returned
to us. We do not allege that staff interfered with the survey process, but there was clearly some
level of intimidation, as we received several inmate letters following our visit alleging harassment
by security staff for survey participation and expressing concerns about their safety.
This report is based on findings from data supplied by the facility and DOCCS prior to our
visit; inmate surveys; conversations with the superintendent, executive team, program staff, and
inmates; and meetings with the staff union representatives and members of the Inmate Liaison
Committee (ILC) and Inmate Grievance Resolution Committee (IGRC). We appreciate the
cooperation of the facility’s administration during our tour and the extensive information staff
provided to us prior to, during, and after our visit. We would also like to thank all those confined
at Attica who participated in our surveys.
SUMMARY OF FINDINGS & KEY RECOMMENDATIONS
Both the recognition of prisoners’ rights in the early 1970s and changes in societal beliefs
regarding punishment and rehabilitation have transformed prisons throughout the United States,
including those in New York State, over the last 40 years. As mentioned above, Attica
Correctional Facility is no exception. During our two-day visit we found several positive aspects
of the prison including a college program which received enthusiastic praise from inmates, higher
than average satisfaction rates with Transitional Services programming and dental care, an
impressive variety of vocational programs, and a substantial array of services for inmates with
mental health issues.
Despite the aforementioned quality of programming and services, the Visiting Committee
was extremely concerned to find that Attica stands out among New York State prisons for its high
level of violence among staff and inmates, particularly for allegations of sexual abuse both in
general population and in disciplinary confinement units (Special Housing Unit and keeplock). We
1
We received 33 SHU surveys, 7 ICP surveys, 1 TRICP survey, 7 STP surveys, 8 PC surveys, and 7 ASAT surveys.
-3-
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
also have concerns about the efficacy of the Special Treatment Program for disciplinary inmates
with serious mental illness. Additionally, due to its large population and limited staffing levels,
Attica inmates had far less programming options than at other prisons, and, accordingly, a larger
proportion of inmates with little or no programming. We also received a significant number of
complaints from inmates regarding limited access to the general and law libraries.
Our principal recommendations include that relevant state, DOCCS and prison officials:













More closely monitor allegations of sexual abuse and abusive pat frisks by staff and meet with
the ILC and IGRC to explore ways to reduce sexual abuse and to promptly identify and
respond to staff sexual misconduct or abusive pat frisks.
Encourage line staff to engage inmates in more positive interactions and investigate any
allegations of harassment, threats or excessive use of force and implement prompt disciplinary
action if substantiated.
Assess the level of and causes for tension between staff and inmates, and develop a plan to
reduce tension, including additional training for staff regarding how to manage inmates with
significant mental health needs and installation of cameras in areas where such incidents more
frequently occur.
Take steps to train all security staff working on a mental health unit on how to properly
manage and interact with inmates with mental health care needs and remove from these units
any staff who fail to perform their job duties properly.
Assess the level of and causes for tension between SHU/keeplock staff and inmates, and
develop a plan to reduce perceived and actual incidents of verbal harassment, physical
confrontations and sexual abuse by staff.
Consider methods of increasing available programs for all inmates, including potentially hiring
additional staff, changing program times, or modifying facility movement schedules and
procedures.
Provide more meaningful prison job opportunities that will permit inmates to develop skills
and experiences that enhance their ability to find employment upon release.
Review patient-clinician confidentiality protocols with OMH staff and DOCCS security staff
and ensure that proper protocols are followed, investigating any complaints of confidentiality
breaches or misuse of sensitive information.
Improve access to the general library and the law library by expanding their hours of
operation, potentially by hiring additional staff or inmate clerks.
Review the services provided during STP group sessions and individual counseling to
disciplinary inmates with serious mental illness to determine what additional measures can be
taken to better engage the patient population.
Reconsider the conversion of Attica’s STP to a residential mental health treatment unit for
disciplinary inmates with serious mental illness.
Fill all medical staff vacancies and investigate whether additional nursing and clinic staff are
needed.
Review the quality of sick call encounters and clinic call-outs to ensure that all providers are
properly diagnosing and treating each patient they see.
-4-
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
GENERAL INMATE POPULATION and OFFICER DATA
Attica has a capacity of 2,253 and held 2,152 inmates at the time of our visit. In general,
the facility houses an older population with longer sentences than other prisons in New York
State. According to data provided by the facility, the median age at Attica at the time of our visit
was 38.4 years old and 22% of the population was under the age of 30.2 The median minimum
sentence was 15 years and 68% of Attica inmates had a minimum sentence of 10 years or more,
with 84% of the total population convicted of a violent felony.3
Attica’s racial demographics were slightly different than those at other New York prisons,
with a higher percentage of inmates identifying as African-American and fewer inmates
identifying as White.4 Sixty-one percent of the population had their high school diploma, General
Equivalency Diploma (GED) or higher education degree, slightly higher than the system-wide
average of 57%.5 One percent of the population was Spanish speaking with limited or no
proficiency in English.
According to facility data provided during our visit, of the 582 correctional officers (COs)
employed at Attica, only 12 were female. Facility staff did not give us any information regarding
the racial demographics of security staff; however, from our observations we noted that COs were
overwhelmingly White. The racial disparities between staff and inmates appeared to contribute to
the tense environment inside the facility. Furthermore, officers with whom we spoke at Attica
expressed concern about properly managing the continually changing composition of the inmate
population, both in terms of racial composition and percentage of inmates with mental illness, and
the staff articulated a desire for more educational and training opportunities. One of the demands
during the 1971 rebellion was to “educate all correctional officers to the needs of the inmates, i.e.,
understanding rather than punishment.”6 COs are required to undergo significantly more training
today than in 1971, particularly in the areas of diversity and managing populations; however, this
level of training remains inadequate. We recommend that facility administrators and DOCCS
examine ways of recruiting a more diverse staff population and increase opportunities for diversity
training. We also suggest that the Department implement more substantial and regular trainings
for staff on how to effectively manage mentally ill individuals.
PHYSICAL PLANT
Built with the assistance of inmates from Auburn C.F. in 1931, at the time of its
construction Attica was the most expensive prison built in New York State and believed to be the
most secure.7 The prison consists of four wings, each of which has the capacity to house
approximately 500 inmates, in addition to a 116-capacity Special Housing Unit (SHU), and
2
Compared to a median age of 36 and 31% under the age of 30 state-wide.
According to DOCCS system-wide data as of April 1, 2010, the median minimum sentence for all maximumsecurity prisons is 13 years.
4
Fifty-eight percent of Attica’s population identified as African-American, 22% as Hispanic, and 20% as White,
compared to the system-wide population of 52% African-American, 23% Hispanic, and 23% White.
5
According to DOCCS system-wide data as of April 1, 2010.
6
See Attica Prisoners’ Demands: September 9, 1971.
7
According to “The Evolution of NY’s Prison System, Part II,” New York Correction History Society, available at
http://www.correctionhistory.org/html/chronicl/state/html/nyprisons2.html.
3
-5-
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
several other special population units within the prison. According to staff, due to security
concerns, inmates’ movement is more limited than other maximum-security prisons in New York
State, with inmates only interacting with the population assigned to their particular housing block.
The facility has four recreation yards, one for each housing block, where inmates only mingle with
other inmates from their unit. Inmates are assigned to a housing block based on their program and
job. We observed during our visit that Attica’s unique housing protocols appeared to result in
shorter programming hours due to the long periods of facility movement.
Like many maximum-security prisons in New York State, staff have the ability to
administer tear gas through the mess hall ceilings in the case of a violent incident. Attica,
however, is unique in that the mess halls are also staffed with officers holding portable tear gas
guns. Since these portable gas guns are significant safety hazards, all inmates must be locked in
their cells while the gun is being transported from a central location to the mess hall before and
after each meal, resulting in approximately 30 minutes of restricted inmate movement before and
after each meal. Additionally, each gun requires multiple staff escorts, who could be more useful
to the facility in other areas. According to staff, the gas has not been used since the late 1980s, yet
staff continue to take this precautionary measure, which requires significant staff resources and
decreases the amount of time inmates may spend in meaningful program areas.
Numerous construction projects were under way at the time of our visit, including the
installation of new flush panels, water-saving toilets and lighting upgrades in certain housing
blocks. Other planned projects included replacement of the facility-wide fire alarm system,
replacement of heating systems in several housing blocks, and replacement of refrigerators in the
storehouse and kitchens.
SAFETY
Given its reputation and history, one may not be surprised to find a high level of violence
at Attica, both between staff and inmates and among inmates. The Visiting Committee did in fact
find the facility to be significantly more violent than most other CA-visited maximum-security
facilities and perceived a noticeably high level of intimidation and fear throughout the facility.
This high level of intimidation was evident during our visit, where officers walked the blocks with
batons in their hands, an uncommon practice in New York State prisons and after our visit when
we received numerous letters describing threats and retaliation for participating in the CA survey.
Furthermore, when we visited the recreation yard to interview inmates, fewer individuals than at
other facilities wished to speak with us out of concern for their safety. We understand that the
Attica administration must take every precaution to ensure that all staff and inmates are safe;
however, there appears to be an “us and them” culture at Attica which results in significantly more
violence, intimidation and harassment by staff than at other CA-visited prisons, potentially
elevating the already high stress level of a maximum-security prison.
Inmate-Staff Relations
Attica inmates’ perception of staff abuse at the facility was far worse than at most other
CA-visited prisons, and the facility had an extremely high number of incidents of abuse, both as
described in survey data and in DOCCS-supplied records. Based upon an analysis of inmate
-6-
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
survey responses, the facility ranked8 the fifth worst of all 29 CA-visited prisons for inmate-staff
relations, with 78% of survey respondents describing them as bad.9 Most concerning is that Attica
ranked as the second worst facility among CA-visited prisons for sexual abuse and racial
harassment by staff. Inmates estimated that a median of 75% of officers engage in serious
misconduct, which is significantly higher than at other facilities, and only 20% do a particularly
good job.10 Attica survey respondents reported that the most common forms of abuse were verbal
harassment, threats and intimidation, and physical abuse. Attica inmates also reported the highest
frequency of physical assaults, verbal harassment, threats and intimidation, abusive pat frisks,
turning off lights and water and retaliation for complaints out of all 29 CA-visited prisons, ranking
Attica as the worst facility for these forms of abuse. Inmates also complained that retaliation often
materialized in the form of officers not letting inmates out of their cells for meals.
We asked inmates to describe common locations and times for abuse and overwhelmingly,
inmates described the 3:00 p.m. to 11:00 p.m. shift as problematic. While abuse occurs throughout
most areas of the prison, we received an alarming number of complaints regarding C-Block.
Eighty-eight percent of survey respondents said the Attica administration does very little or
nothing to prevent abuse, and 91% stated that video cameras would reduce abuse at least
somewhat.
Survey results indicated a higher rate of physical confrontations between staff and inmates
than at many other facilities, with 38% of inmates stating that they had experienced a physical
confrontation with staff at least once, ranking Attica fifth worst of all 29 CA-visited prisons for
frequency of physical confrontations.11 Eighty-five percent of survey respondents stated that
physical confrontations were frequent throughout the prison, the highest of all CA-visited prisons
and significantly higher than the average of rate 57%. Furthermore, according to information
supplied by DOCCS, Attica ranked third worst of all maximum-security prisons for frequency of
assaults between inmates and staff from 2007 through 2009.12 Attica reported 17 such incidents
from January through March 2011, and 56 such reports in 2010, down from 72 in 2009. Attica
inmates felt the least safe of all CA-visited prisons, with 71% of surveyed inmates reporting that
they frequently felt unsafe at Attica, ranking the facility the lowest of all CA-visited facilities for
safety.13 Attica was worse than nearly two-thirds of CA-visited prisons for survey respondents
experiencing verbal harassment and fourth worst of all CA-visited prisons for the frequency of it
occurring throughout the facility.14
8
The CA ranks facilities according to an analysis of inmate survey responses. Facilities are ranked from best to worst
with one being the best and 29 being the worst.
9
Compared to an average of 63% at all CA-visited prisons. Seventy-four percent described relations as worse than at
other prisons.
10
Compared to a median of 55% who engage in serious misconduct and 30% who do a particularly good job at other
CA-visited prisons.
11
Thirty-eight percent of Attica survey respondents reported experiencing a physical confrontation at least once,
compared to an average of 27% at all CA-visited prisons.
12
This is based upon DOCCS system-wide data of Unusual Incident Reports (UIRs) for assault-on-staff incidents
from 2007 through 2009.
13
Compared to an average of 48% at all CA-visited prisons.
14
Only 9% of Attica survey participants reported never being verbally harassed by staff compared to 16% of all CA
survey participants.
-7-
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
Sexual abuse by staff also appears to be a serious concern at Attica, with the facility
ranking in the bottom third of all New York State facilities for frequency of reported incidents of
sexual abuse between staff and inmates from 2008 through 2011.15 Inmate survey responses
echoed this trend, with respondents ranking the facility second worst of all CA-visited prisons for
the commonality of these incidents throughout the prison.16 Thirty percent of survey respondents
reported frequently hearing about sexual abuse by staff, and while abusive pat frisks are often
described as “sexual abuse” by inmates, 64% stated that sexual abuse during a pat frisk was not
the only type of sexual abuse in the prison and 75% of survey respondents reported hearing about
sexual abuse other than abusive pat frisks at least once. Additionally, Attica ranked in the bottom
fifth of all CA-visited prisons for the frequency with which inmates reported having experienced
an abusive pat frisk and ranked as the second worst facility for the frequent occurrence of this
form of abuse.17
Staff with whom we spoke described the facility as a very dangerous place, and stated that
the higher percentage of inmates on the OMH caseload has led to increased problems within the
facility. Staff also explained that inmate-staff tension at the facility was the lowest it had been in
years, and largely attributed this improvement to the new administration. The superintendent
appeared to be engaged with inmates during our tour, and seemed to have knowledge about what
was happening inside the facility. In our discussion, he explained that he believes it to be
important for him and the rest of his executive staff to have a frequent and consistent physical
presence throughout the facility including regular conversations with both inmates and line staff.
The superintendent also informed us that outside of his regular monthly meetings with the Inmate
Liaison Committee, he frequently has more informal conversations with members while in the
housing blocks in order to keep cognizant of any concerns voiced by the inmate population.
Comments from inmates and our own observations suggest that he has implemented this practice
to a greater extent than superintendents at some other prisons we have visited. We were pleased to
hear from inmates that the superintendent “walks the blocks” of the facility; however, it was clear
that the majority of the threats, intimidation, and violence takes place during hours when the
administrative staff is not at the facility. We commend the superintendent for his efforts, but
believe his actions are not sufficient to overcome the otherwise pervasive atmosphere of tension
and violence that exists between the prison inmate population and staff.
We are very concerned about the level of tension between staff and inmates at Attica. We
understand that the facility houses a substantial population of individuals convicted of violent
offenses and that there are important security concerns, but the inmate population at Attica is not
significantly different from other maximum-security prisons in the state. We believe that this
higher level of tension at Attica is due in part to the facility’s history, which influences the
attitudes of both staff and inmates. We recommend that facility staff take steps to alleviate this
tension, potentially through additional trainings for correction officers and regular meetings with
15
This assessment is based upon DOCCS data collected in response to the federal Prison Rape Elimination Act
(PREA) which requires the federal Bureau of Justice Statistics to evaluate allegations of sexual abuse by staff and by
inmates. The CA analyzed DOCCS staff sexual abuse data for each facility for the period 2008-2011.
16
Forty percent of survey respondents described staff-inmate sexual abuse as common at Attica, compared to an
average of 12% at all CA-visited prisons.
17
Thirty-five percent of Attica survey respondents reported frequently experiencing an abusive pat frisk and 78%
described them as occurring frequently throughout the prison, compared to an average of 24% and 49%, respectively,
at all CA-visited prisons.
-8-
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
the ILC. Line staff should be encouraged to engage inmates in more positive interactions and any
allegations of harassment, threats or excessive use of force should be swiftly investigated and
result in prompt disciplinary action if substantiated. Furthermore, we recommend that the
administration reconsider whether it is necessary for staff to escort inmates throughout the facility
with their batons unsheathed.
Inmate-Inmate Relations
Attica inmates reported a relatively high level of inmate-inmate violence, with the facility
ranking sixth worst of all 29 CA-visited facilities for frequency of inmate fights and seventh worst
for survey respondents personally being involved in a fight; however, 57% of survey respondents
stated that the level of violence at the facility was average in comparison to other prisons.18
According to DOCCS statistics, Attica ranked in the bottom third of all maximum-security
facilities and worse than all but one medium or minimum-security prisons for frequency of
recorded inmate-on-inmate assaults for 2007 through 2009.19 The facility recorded eight such
incidents from January through March 2011 and 22 in 2010, up from 18 UIRs in 2009. Inmates
indicated that personal conflicts and the stress of being in prison were major causes of tension
among inmates; however, gangs were also a significant cause of inmate fights.
Gangs and Drugs
Gangs and drugs were more prevalent at Attica than at many other facilities and may
contribute to the high level of violence in the prison. Attica ranked in the bottom third of all CAvisited prisons for presence of gangs and contraband drug use. Staff with whom we spoke
described gang activity as a common source of tension between inmates at the facility, even
explaining that many inmates do not go to recreation in the yard due to gang presence. Staff
explained, however, that the level of gang activity at Attica has remained relatively unchanged
over the past several years. Eighty-eight percent of survey respondents described it as at least
somewhat common, ranking the facility the seventh worst prison out of all 29 CA-visited prisons
for prevalence of gang activity.20 Seventy-seven percent of survey respondents stated that gang
activity was at least somewhat a source of violence at the facility, ranking Attica the ninth worst
prison out of all CA-visited prisons for likelihood of gang activity leading to violence.21
Seventy-seven percent of Attica survey respondents described contraband drug use as
common within the prison, with 27% of survey respondents describing drug use as at least
somewhat more common at Attica than other prisons.22 Attica also ranked the ninth worst facility
18
Sixty-one percent of survey respondents reported that inmate fights occur frequently in the facility and 39%
reported being in a fight with another inmate at least once, compared to averages of 39% and 30% at all CA-visited
prisons, respectively. Thirty percent of survey respondents stated that the level of violence at Attica was worse than at
other prisons.
19
This assessment is based upon DOCCS system-wide data for UIRs for assault-on-inmates incidents from 2007
through 2009.
20
Compared to an average of 75% of survey respondents describing gang activity as at least somewhat common at all
CA-visited prisons.
21
Compared to an average of 61% of inmates at CA-visited facilities who identified gang activity as a cause of
violence at least somewhat.
22
Compared to an average of 19% of inmates at CA-visited facilities who described drugs as more common than other
prisons and ranking Attica 7th of 29 CA-visited prisons for drugs being more common.
-9-
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
out of all CA-visited prisons for the prevalence of drug use as a source of violence, with 47% of
survey respondents identifying contraband drug use as at least somewhat a source of violence. 23
Protective Custody
Prisoners who feel that they are vulnerable or may be potential victims among general
population inmates may choose to be housed in Protective Custody (PC). Additionally, the
Department may also determine that an inmate would be at risk in general population and place
him in Involuntary Protective Custody (IPC). Reasons why inmates might be housed in PC include
conflicts with other inmates and gangs, or the particular nature of their criminal case. There is
minimum contact between PC inmates and the general population and typically, for ease of
administration, inmates housed in PC are placed in cells next to one another in a particular area of
the facility. The Visiting Committee toured the PC unit and received surveys from 12 PC inmates,
92% of whom stated that they felt at least somewhat safer in the Attica PC than in general
population, 42% much safer. Fifty percent of Attica PC survey respondents reported feeling safer
in the Attica PC unit than in other PC units throughout the Department.
Similar to inmates in disciplinary confinement, PC and IPC inmates spend the majority of
their time in their cells; they are allowed three hours out of cell per day for recreation, showers,
phone calls, or visits. Seventy-five percent of PC survey respondents reported going to recreation
frequently. Attica does not permit recreation on the gallery, similar to several other facilities, and
inmates must go outside for recreation. The PC recreation yard is a small area with a basketball
court, weights, showers, and one telephone. We received numerous complaints that there was only
one telephone in the yard, and survey respondents explained that this was a constant source of
tension for inmates, often leading to arguments and fights. Nearly half of all PC respondents
reported being involved in a physical altercation with another PC inmate at least once; however,
only 9% stated that altercations occur frequently in PC. We suggest that facility administrators
install at least one additional telephone in the PC yard, as this might alleviate tension and conflict
among inmates.
At the time of our visit, there were no programming options for PC inmates aside from a
cell study program, in which two survey respondents participated. Additionally, due to their
restricted movement, PC inmates may only receive law library materials delivered to their cells,
and 63% of survey respondents were unsatisfied with these materials. We are greatly concerned
about this high degree of idleness and recommend that facility administrators explore methods of
bringing additional therapeutic, educational, and vocational programming and materials to the
housing unit.
Inmate-staff relations appeared to be more satisfactory in the PC unit than in other Attica
locations, with 33% of survey respondents describing inmate-staff relations as good, 25% as bad,
and 42% as equally good and bad. When asked to describe the most common forms of abuse on
the unit, PC survey respondents cited verbal harassment, threats and intimidation, and retaliation
for complaints. Twenty-seven percent of survey respondents reported frequently hearing about
physical conflicts between inmates and staff, and 40% reported frequently hearing about verbal
23
Compared to an average of 37% at CA-visited facilities who identified drug use as at least somewhat a cause of
violence.
- 10 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
harassment. We were concerned to find that 40% of PC survey respondents had heard about sexual
abuse by staff throughout the unit at least once, and 56% percent described these confrontations as
consisting of abusive pat frisks. These inmates are housed on the unit to seek protection during
their confinement, and we are concerned that such a high percentage, albeit lower than in the
general population, experience threats, abuse, and harassment. We recommend that facility
administrators review these allegations and ensure that all security staff are trained to manage this
potentially sensitive population.
PC survey respondents were generally dissatisfied with medical care, with 50% rating it as
poor, 25% rating it as fair, and 25% rating it as good. When asked to explain their ratings, survey
respondents complained of long delays for medical callouts, delays and changes in medication,
and that providers “just didn’t care.”24 Despite these complaints, 83% of PC survey respondents
reported being able to access sick call at least sometimes, though 50% reported frequently
experiencing delays for medical callouts and a total of 75% said they experienced delays at least
once. Survey respondents rated sick call nurses more favorably than doctors, with 33% rating
nurses as good and 25% as poor, and 25% rating doctors as good and 50% as poor. Although we
recognize that delivering programs and services remotely can pose an administrative challenge,
PC inmates are not in PC for punitive reasons. Therefore, we urge the prison administration to
make every effort to ensure that PC inmates receive all essential services at rates comparable to
the general population.
Discipline and Disciplinary Housing
Special Housing Unit (SHU)
Nearly half of all Attica general survey respondents reported having received a
misbehavior report while at the facility and 15% reported having been in Attica’s SHU. The SHU
held 83 inmates at the time of our visit and had a capacity of 116 inmates. We received 24 surveys
from Attica SHU inmates. These survey respondents had spent a median of three months in
Attica’s SHU and had a median SHU sentence of 12 months.
As described above, we are extremely concerned about the high number of violent
incidents between inmates and staff and significant levels of harassment and intimidation at Attica,
and the SHU is no exception. SHU surveys illustrated an atmosphere of overwhelming isolation
and intimidation. Sixty percent of SHU survey respondents described inmate-staff relations as
very bad, significantly higher than 42% of all SHU survey participants at CA-visited SHUs,
ranking Attica in the bottom quarter for poor inmate-staff relations.25 Forty-four percent of SHU
survey respondents reported being in a physical confrontation with staff at least once and 67% of
Attica SHU survey respondents reported being frequently harassed by staff, ranking the facility in
the bottom third of all CA-visited SHUs for frequency of harassment.26 We asked survey
respondents to describe the most common forms of abuse in the SHU, and Attica inmates
described physical assaults as common at the fourth highest rate and verbal harassment as
24
Half of all PC survey respondents reported experiencing delays receiving medication refills at least once and 30%
reported experiencing problems receiving mental health medications.
25
The term “disciplinary confinement areas” includes all facility SHUs and keeplocks for which we have data.
26
Compared to an average of 30% of SHU survey respondents at all CA-visited SHUs experiencing a physical
confrontation with staff at least once and 47% of SHU survey respondents frequently experiencing verbal harassment.
- 11 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
common at the highest rate of all CA-visited SHUs. Theft or destruction of property, threats from
officers, and retaliation for complaints were also common forms of harassment at rates
significantly higher than most other visited SHUs.
We are also particularly concerned about the high number of SHU survey respondents who
reported some form of sexual misconduct by staff. A majority of Attica SHU inmates reported
sexual assault as a common form of abuse, a rate much higher than all CA-visited SHUs.27 Sixtythree percent of SHU survey respondents reported frequently hearing about sexual abuse in the
SHU, 84% reported that sexual abuse was not limited to abusive pat frisks, and 45% reported
frequently hearing about sexual abuse other than pat frisks. Abusive pat frisks were also a problem
in the SHU. Forty-five percent of Attica SHU respondents stated that they had experienced an
abusive pat frisk while in the SHU. Of the 29 SHUs we surveyed, Attica SHU survey participants
had the second highest rate for reporting abusive pat frisks as a common form of mistreatment on
the unit. We recommend that facility administration ensure that security staff are trained to
administer proper pat frisks and institute harsher punishments for staff who are conducting
themselves in an inappropriate manner. Installation of video cameras throughout the SHU may be
one remedy for this serious problem.
Attica inmates utilized the one-hour out-of-cell recreation time at a rate lower than nearly
any other CA-visited SHU, with 68% reportedly not going to recreation. SHU survey respondents
reported that some of the reasons they did not attend recreation were that they do not have the
proper attire to go outside, recreation is offered in the morning before breakfast and food gets cold
while they are outside, and officers sometimes enter their cells when they are out to recreation.
Numerous survey respondents reported that they do not attend recreation because they are afraid
of being assaulted on their way to or from the outdoor pen. Since this is the only time these
individuals are allowed to leave their cells, we recommend that the administration examine ways
of encouraging inmates to utilize recreation by providing the proper attire for the weather and
installing cameras on the route to and from the recreation pens.
The Visiting Committee received a significant number of complaints regarding medical
care from SHU inmates during our visit, and surveys echoed those same concerns. Three-quarters
of Attica SHU survey respondents rated overall medical care as poor, a rate worse than nearly all
CA-visited SHUs. Similarly, almost 80% of Attica SHU respondents reported frequently
experiencing delays in accessing care, a rate higher than all but two CA-visited SHUs. SHU
survey respondents’ satisfaction with medical providers themselves ranked the facility in the
bottom fifth of all CA-visited SHUs, with 74% of survey respondents rating them as poor. We
asked survey respondents to explain their ratings of medical care and reasons included that
medical staff did not seem to care about individuals they were treating and that “someone would
have to be dying before they received attention.” Survey respondents also repeatedly mentioned
that meetings with medical staff were not confidential and often held within hearing range of
security staff. Attica SHU survey respondents also reported experiencing retaliation by security
staff for filing grievances regarding medical care.
27
Thirty-two percent of Attica SHU respondents reported sexual abuse as “most common”, 53% said it was
“common” and only 16% assessed it as “not common,” compared to the 5%, 13% and 82% for all SHU survey
participants. Attica’s SHU rated the worse facility for this indicator among the 29 SHUs we have surveyed.
- 12 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
Nearly three-quarters of Attica SHU survey respondents reported having received mental
health care while in the SHU at least once and 70% rated the individual therapy they received on
the unit as poor. Sixty-four percent reported that their conversations with mental health staff were
not confidential, explaining that security staff sometimes make comments to inmates regarding the
subject matter of the mental health interviews. Most alarmingly, 60% of survey respondents had
been to the Residential Crisis Treatment Program (RCTP), a short-term observation unit for
individuals experiencing a psychiatric crisis, during their current incarceration, and more than 20%
had been to the RCTP while confined in the Attica SHU. Survey respondents also reported high
level of suicide attempts or self-harm by individuals in the SHU.28 When asked how often they
have attempted to harm themselves, 44% said that they had attempted to harm themselves at least
once while incarcerated and a quarter of all Attica SHU survey respondents said they had
attempted to harm themselves while in the Attica SHU. When asked to describe the facility’s
response to attempts of self-harm, the majority of survey respondents reported that there was no
response.
Attica SHU survey respondents were less satisfied with mail services than at any other
CA-visited SHU with the exception of Great Meadow C.F., with only 35% at least somewhat
satisfied with these services. Individuals in the SHU are also allowed access to reading materials,
law library materials, and cell-study programs, which are run by Attica’s library and academic
program staff. A porter brings a book cart through the SHU daily, the contents of which are
rotated every 60 days. SHU survey respondents’ ratings for cell study and general reading
materials were in the middle of all CA-visited SHUs, although survey respondents were less
satisfied with law library materials than nearly every other CA-visited SHU, with 74% not
satisfied.29 Inmates’ dissatisfaction with law library materials may reflect larger issues with
Attica’s law library, to be discussed below; however, we recommend that facility administrators
take steps to ensure that SHU inmates have timely and sufficient access to up-to-date and relevant
legal materials. We also recommend that the facility assess the pickup and delivery of mail to
SHU inmates.
Keeplock
The Visiting Committee also spoke to individuals being held in keeplock, a disciplinary
measure whereby inmates confined to their cells for 23 hours a day with limited privileges.
Ninety-one inmates were in keeplock at the time of our visit. Sixty-nine percent of survey
respondents had been in keeplock at least once while at Attica. We received nine surveys from
inmates in keeplock, who had served an average of three months in keeplock and had an average
of a four month total keeplock sentence.
Attica keeplock respondents reported inmate-officer relationships as being worse than
those in the Attica SHU, ranking Attica’s keeplock fifth worst of all CA-visited SHUs for inmatestaff relations; however, it ranked in the bottom third for frequency of survey respondents
experiencing physical confrontations with staff.30 Keeplock survey respondents reported that
28
Eighty-seven percent of SHU inmates responding to the question reported acts of self harm by residents in the SHU
with half saying these occur frequently.
29
Fifty-seven percent of survey respondents were dissatisfied with reading materials and 74% were dissatisfied with
law library materials.
30
Attica keeplock data is compared to all CA-visited SHUs for the purposes of this study.
- 13 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
physical assault, sexual assault, and verbal harassment were common forms of abuse at rates
higher than nearly every other CA-visited SHU except for the Attica SHU. Of even greater
concern, keeplock inmates perceived physical assaults to be more common than Attica SHU
inmates, and a greater percentage of keeplock inmates attributed incidents of sexual abuse to
abusive pat frisks.31
Attica keeplock survey respondents were dissatisfied with overall medical care and
medical providers at rates similar to Attica SHU inmates and were more dissatisfied than fourfifths of all CA-visited SHUs; however, they experienced fewer delays in access to medical care
than SHU inmates, ranking Attica’s keeplock in the bottom third of all CA-visited SHUs for
delays in access. Individuals in keeplock rated the quality of their individual mental therapy much
higher than those in Attica’s SHU, with three of the four surveyed keeplock inmates rating the
care as good or fair.
Individuals in keeplock, like inmates in the SHU, also have access to reading and law
library materials, cell-study, and recreation. Attica keeplock survey respondents were less satisfied
with access to reading materials and cell study than all CA-visited SHUs and ranked in the bottom
third for the least access to law library materials.32 Keeplock survey respondents also reported
dissatisfaction with mail services at the fourth highest rate of all CA-visited SHUs and 89% of
survey respondents reported being dissatisfied with food. Keeplock inmates did appear to access
recreation at rates significantly higher than SHU inmates, with 78% of keeplock inmates taking
advantage of the one-hour period outside of their cells. We are extremely concerned about the
delivery of services to keeplock inmates and recommend that the facility review its policies for
delivering food and other materials to these inmates.
INMATE GRIEVANCE PROGRAM
Unlike other facilities, Attica contains two grievance offices, one in the front near the
administrative part of the facility and one towards the back of the facility. These offices are staffed
by two full-time grievance supervisors. The back grievance office is also staffed by five inmate
clerks, two elected grievance representatives, and one inmate porter. The grievance supervisor
explained that the grievance system is supposed to have one clerk per housing block, but inmates
in A-Block and B-Block refused. None of the clerks speak Spanish, although the supervisor with
whom we spoke explained that hiring a Spanish-speaking clerk was a priority.
Attica inmates filed a total of 1,448 grievances in 2010, a marked decrease from 1,700
grievances in 2009. In 2010, the most grieved issues were medical (19% or 276 grievances) and
staff conduct (11% or 156 grievances).33 Staff explained that the majority of the grievances related
to staff conduct are from inmates in the SHU. The grievance supervisor estimated that inmates
31
Seventy-eight percent of keeplock survey respondents reported hearing about sexual abuse, and 50% stated that
abusive pat frisks were not the only form of sexual abuse; however, 44% reported frequently hearing about sexual
abuse other than abusive pat frisks. Forty-four percent of keeplock survey respondents reported frequently
experiencing an abusive pat frisk.
32
Eight-seven percent of keeplock survey respondents reported being unsatisfied with the reading material available
to them and 100% reported being unsatisfied with cell-study.
33
In 2009, inmates filed a total of 349 grievances related to medical concerns (21%) and 190 grievances related to
staff conduct (11%).
- 14 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
appealed approximately 60 grievances each month. When asked what is the biggest challenge in
running Attica’s grievance program, staff explained that often inmates with no legitimate interest
in the process and who already know what the response is going to be file grievances in order to
exhaust administrative remedies before filing a lawsuit. Staff also explained that staff conduct
grievances often result in becoming a game of “he said, she said,” with no clear resolution. From
surveys, letters, and conversations with inmates, it was apparent that most inmates do not find the
grievance system to be an effective means of resolving problems, as the vast majority of
grievances are not resolved in favor of the inmate, and that the main reason to file grievances is to
exhaust administrative remedies.
Forty-four percent of Attica survey respondents stated that they had used the grievance
system at the facility, and 77% of survey respondents characterized it as poor, with 74% stating
that it was worse than at other prisons and ranking the prison in the bottom 40% of CA-visited
prisons for effectiveness of the grievance system. Sixty-three percent of all inmates who reported
filing a grievance at Attica described being retaliated against at least once for using the grievance
system.
PROGRAMS
Several of the Attica prisoners’ demands in 1971 related to jobs and programs, specifically
that the Department apply the State minimum wage to all institutions, including prisons, that the
Department “institute realistic rehabilitation programs for all inmates according to their offense
and personal needs,” that educational programs be improved, and that religious freedom be
permitted.34 As will be discussed below, New York State has come a long way regarding many of
these issues; however, inmate wages remain despairingly low. At the time of the Attica rebellion,
inmates received between $.30 and $.50 an hour. Today, the inmate pay scale is between $.16 and
$.65 an hour, with the majority of inmates making between $.16 and $.25.
The Visiting Committee toured Attica’s academic, vocational, and Transitional Services
(TS) programs. We observed various class sessions and spoke with staff and inmates about the
programs. According to information provided by the facility, 44% of Attica inmates had full-time
programming (two modules per day), 10% part-time programming, and 29% were idle.35 This
idleness rate is higher than the rate at nearly all the prisons we have visited. Of the 473 inmates
assigned to facility jobs at the time of our visit, 60% were assigned to porter positions, where
inmates conduct cleaning and maintenance tasks and typically do not learn productive skills that
could help them find jobs outside of prison. The facility’s two industry programs, Metal Shop and
Mess Hall, were both near capacity with 187 and 143 inmates, respectively. Attica ranked in the
middle of all CA-visited prisons for job satisfaction, with 74% of survey respondents satisfied
with their job at least sometimes.36 When asked to explain their job satisfaction ratings, survey
respondents primarily complained about long waits for job placement or that the facility will not
give them a job, and that wages were too low.
34
Attica Prisoners’ Demands: September 9, 1971.
Nine hundred fifty Attica inmates were programmed full-time, 210 part-time, and 630 were idle.
36
Compared to an average of 70% of survey respondents at all CA-visited prisons for job satisfaction.
35
- 15 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
Academic Programs
One crucial issue to the inmates involved in the Attica rebellion was to “modernize”
educational programming. Since New York State requires all inmates without a high school
diploma or equivalent to be placed in academic programs, school is available at every prison in the
state. The quality and accessibility of academic programming, however, varies from prison to
prison, as does availability of post-secondary educational opportunities. With the launching of a
college program run by Genesee Community College, Attica stands out as one of the few
maximum-security prisons in New York that provides inmates an opportunity for a college
education.
The classrooms we visited appeared bright and clean, with maps and posters on the walls,
and all inmates in the academic program have access to the computer lab. At the time of our visit,
Attica employed nine full-time and one part-time teachers. The facility also had two full-time and
one part-time vacancies since June 2008 and January 2011, and one of the nine current instructors
had been on temporary leave since January 2011. None of the academic staff spoke Spanish,
although staff explained that the part-time assistant librarian sometimes serves as an interpreter.
Attica offers five levels of academic programming, the capacity and enrollment of which is laid
out in the table below. Inmates enrolled in Attica’s academic program are housed in A and DBlocks, along with most of the inmates enrolled in vocational programs. Cell study is available for
inmates in the SHU, long-term keeplock, PC, infirmary, and some inmates on a waiting list for
academic programs. Spanish language materials are available. At the time of our visit, 17 SHU
inmates and 78 non-SHU inmates were enrolled in the cell study program.
Table A – Attica’s Educational Program Capacity, Enrollment and Waiting List
37
# of
Sections
Capacity
Enrollment
Waiting List
Total
Enrolled +
Waiting
List
ABE37
2
76
70
112
182
Pre-GED
3
91
91
112
203
GED
2
59
59
97
156
ESL
2
17
10
11
21
Multi-Level
1
34
34
27
61
Total
9
277
264
359
623
Adult Basic Education.
- 16 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
Attica has a lower percentage of the population without a high school diploma than other
facilities in New York State; however, it also has lower capacity to place those without this degree
in educational programming. According to data provided by the facility, 39% of Attica inmates do
not have a high school diploma or equivalent, lower than the 43% average system-wide. The ratio
of GED class capacity and enrollment to the total number of Attica inmates without a GED is
lower than two-thirds of all CA-visited facilities. Sixty-four percent of students who took the GED
test in 2009 passed (34 out of 53) and 48% of students passed in 2010 (25 out of 52). Compared to
other prisons for which we have data, Attica inmates without a high school diploma took and
passed the GED test at rates lower in 2009 and 2010 than most of the prisons for which we have
GED passage rates.38
Genesee Community College initiated its Attica college program in January 2011 and had
already been receiving positive reviews from inmates and staff. The program is funded for two
years and is conducted in the evenings, three nights a week. Courses offered were U.S. History,
English Composition 101, and a college-prep course. Participants must pass an entry exam, have
good disciplinary records, and be more than three years from their conditional release date.
Candidates must also submit a writing sample. Five inmates were enrolled in correspondence
courses with other post-secondary schools. At the time of our visit, 23 students were working
towards Associates degrees in science or general studies/liberal arts. Of the seven Attica survey
respondents participating in the college program, six rated the program as good.
Fifty-nine percent of Attica survey respondents were at least somewhat satisfied with the
facility’s educational program, similar to the average satisfaction rate at all 29 CA-visited
prisons.39 Survey respondents in the Pre-GED and GED programs generally rated the programs as
fair, with inmates slightly more satisfied with the Pre-GED course.40 When asked to explain their
ratings of Attica’s educational programs, a large number of inmates stated that teachers appeared
apathetic and uncommitted to student progress. We also received a significant number of
complaints from inmates that there were not enough educational programs, particularly for those
who already had a high school diploma or equivalent. Those who rated the academic program
positively said that the teachers were nice and helpful, and that the program was beneficial to
those who put the work in.
Vocational Programs
With a staff of ten instructors, Attica offers an impressive array of nine vocational
programs. Two additional positions, instructors for the Plumbing and Heating and Sheltered
Workshop programs, had been vacant since early 2010. The Visiting Committee was impressed
with the vocational area, which was clean and displayed electronic signs made by the program
participants labeling every classroom. Vocational resources for Spanish-speaking inmates were
scarce, although the Building Maintenance program offered some books in Spanish, and the
Printing program accommodated many Spanish speakers.
38
Attica ranked third lowest out of nine prisons in 2009 and second lowest out of five facilities in 2010.
Compared to an average of 58% satisfaction at all CA-visited prisons.
40
Forty-three percent of survey respondents enrolled in the Pre-GED program rated it as fair and 29% rated it as good.
Fifty-seven percent of those in the GED program rated it as fair and 17% rated it as good.
39
- 17 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
Table B – Attica’s Vocational Program Capacity, Enrollment and Waiting List
Capacity
Enrollment
Waiting List
Total Enrolled
+ Waiting List
34
31
98
129
30
27
104
131
Electrical Trades
30
29
62
91
Floor Covering
30
29
51
80
General Business
74
66
84
150
Radio &
Television Repair
30
29
51
80
Printing
30
30
25
55
Welding
30
29
51
80
Small Engine
Repair
30
30
38
68
Total
318
300
564
864
Building
Maintenance
Custodial
Maintenance
The Visiting Committee visited several vocational programs and were impressed with
instructor knowledge and the level of inmate engagement. It takes inmates six months to a year
and a half to complete a program, depending on the program and the speed at which the inmate
progresses. Staff explained that the inmates in the Intermediate Care Program (ICP) can participate
in most vocational programs depending on the severity of their mental illness and ability to cope
in the program, but the Custodial Maintenance program was the most accommodating to this
special population. Due to the unique schedule at Attica and segregation of the four different
housing blocks, inmates without a GED cannot take most vocational programs if they are enrolled
in academic programs which are located in a different part of the facility. Some inmates without a
GED can enroll in the Electrical Trades program and are permitted to do cell study.
Attica survey respondents rated the facility’s vocational programs higher than many other
prisons, ranking Attica eighth best of all CA-visited prisons.41 When asked to explain their ratings,
many survey respondents stated that they liked the programs, particularly those run by Mr. Foust
and Mr. Sherwood, with some stating, “Good staff. Well rounded course - enough supplies and
books to have hands on training,” and “I like that it gets me out of my cell to do hands-on
activities.” Inmates who were dissatisfied with Attica’s vocational program complained that only
41
Seventy-three percent of Attica survey respondents were at least somewhat satisfied with vocational programs at the
facility, compared to an average satisfaction rate of 64%.
- 18 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
one class is allowed during a person’s entire sentence, materials were outdated and insufficient,
and that there were too few spaces and a long waiting list. We are concerned by the fact that the
number of inmates on Attica’s vocational program waiting lists is nearly twice the number of
inmates actually enrolled in the programs, particularly due to the fact that each vocational program
takes at least one year to complete. We suggest that the Department fill the two vacant vocational
instructor positions, in addition to considering program expansion in order to fulfill the
programmatic needs of a higher percentage of inmates.
Transitional Services
Attica survey respondents rated the facility’s Transitional Services program higher than
many other CA-visited facilities, particularly the Aggression Replacement Training (ART) and
Thinking for a Change (T4C) programs. Attica employed one Transitional Services coordinator
and one ART coordinator at the time of our visit, in addition to several IPAs. Attica operates all of
the available Transitional Services programs including Phase I, T4C, Phase III, and ART, the
capacity and enrollment of which are described in the table below. Along with the traditional
classroom sessions, inmates may make use of the Transitional Services office to research reentry
resources and other information, which contained resources on housing, HIV treatment, substance
abuse treatment, and reentry organizations, in addition to several typewriters for IPA use. Staff
informed the Visiting Committee that the IPA has approximately 20 appointments per week with
inmates to assist them in finding resources and referrals.
Table C – Attica’s Transitional Services Capacity, Enrollment and Waiting List
Capacity
Enrollment
Waiting
List
Completed Completed
2009
2010
Completed
1/11-3/11
Phase I
15
15
39
180
184
51
T4C
15
15
1809
8
26
15
Phase
III
15
8
1807
58
63
21
ART
30
28
1091
176
152
18
Total
75
66
4746
422
425
105
Phase I, the general introduction to DOCCS policies and life in prison, operates at Attica in
the afternoons Monday through Friday, for a period of two weeks. Phase II has been entirely
phased out as T4C has been running at the facility for two years. Four of the counselors at Attica
are trained to facilitate the T4C course; however, only one course was running at the time of our
visit and operated on Tuesday and Thursday mornings for a duration of 22 sessions. Higher than
any other CA-visited prison, 70% of all Attica survey respondents were at least somewhat satisfied
with T4C.42
42
Compared to an average satisfaction rating of 58% for T4C at all CA-visited prisons.
- 19 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
Phase III is available to inmates who have less than 120 days until their release date and
operates four days a week for six weeks. Inmates in Phase III do not leave the program with a
typed resume; however, the class covers basics of resume creation and inmates are encouraged to
make an appointment to use the library’s Career Zone program to complete a resume on their own
time. Transitional Services staff will assist inmates who do not have a copy of their birth
certificate or Social Security card to obtain these documents; however, according to staff, most
inmates get these documents well before they enter Phase III. One hundred and forty-eight Social
Security cards and 224 Birth Certificates were given to inmates at Attica in 2010, an increase from
143 and 181 in 2009, respectively. Many survey participants provided positive reviews of their
class time and appreciated the assistance of peer facilitators and IPAs. Half of all Attica survey
respondents were at least somewhat satisfied with Phase III, ranking the facility in the top third of
all CA-visited prisons.43
Attica operates two separate ART programs to cater to different populations in the facility.
One ART program operates Monday through Friday and the other program operates one or two
days a week for a longer period of time, allowing inmates with other academic or vocational
program assignments to participate. Survey participants generally liked the instructor and gave the
program positive reviews, finding the behavior management skills curriculum to be interesting,
useful and applicable to real life situations. Third highest of all CA-visited prisons, 74% of Attica
survey respondents were at least somewhat satisfied with the facility’s ART program.44
Many inmates who participated in our survey complained that the resources provided were
not useful, outdated, or that there were not enough referrals for those inmates that live outside of
the New York City area. We encourage the facility to ensure that reentry resources are up-to-date
and relevant to inmates being released to a variety of locations. Furthermore, given the extremely
long program waiting list, we encourage them to explore ways of expanding the program.
Recreation and Other Programs
In 1971, Attica inmates demanded that the Department give them “true religious freedom,”
less time in their cells and better recreational equipment, and that the Department remove the
inside walls of the quartered yard, “making one open yard.” Forty years later, Attica’s yard
remains divided into four sections; however, today inmates are afforded many opportunities for
religious freedom and expression. Recreational opportunities have significantly improved,
although idleness at the facility remains a problem.
According to a list provided by facility administrators, inmates may participate in Baptist
Bible Study, Elim Bible Study, Protestant Bible Study, Meditation, Cephas prison ministry,
creative writing, and the Vietnam Veterans program. Additionally, chaplains for several different
major religions, including Islam and Judaism, run regularly scheduled worship services and
religious festivals, and are also available for individual religious counseling.
During our December 2011 call with prison officials, we were pleased to learn that the
facility has implemented a Lifers Offender Organization, which is a mentoring program that
43
44
Compared to an average satisfaction rating of 48% for Phase III at all CA-visited prisons.
Compared to an average satisfaction rating of 64% for ART at all CA-visited prisons.
- 20 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
utilizes individuals serving life sentences to mentor younger prisoners regarding issues pertaining
to prison life. Administration informed the visiting committee that there were 10 mentors and
about 200 mentees engaged in the program.
As previously mentioned, Attica contains four yards separated by walls in which one
housing block is permitted entry at a time. This housing block segregation serves to cut down on
violent incidents between inmates. Each yard contains six payphones, a baseball diamond, a
bathhouse, weights, and picnic tables. We did not observe any shaded or covered areas. Inmates
with whom we spoke generally expressed satisfaction with Attica’s recreation program. Others,
however, complained about the limited number of telephones per yard and the dirty conditions
inside the outdoor bathhouses, explaining that since they are only permitted two showers per
week, many inmates must utilize the outdoor bathhouses to keep clean.
The facility also contains an indoor gymnasium which contains basketball courts and an
impressive weight room. Additionally, fields upon which inmates play football and soccer are
accessible through the gymnasium. This outdoor area also contains two wooden shelters with
grills and picnic tables that are used for special events and certain religious festivals. Access to the
gym is severely limited, and only available to inmates participating in Attica’s 90-day physical
education program with a capacity for 20 inmates, inmates participating in the annual
bodybuilding competition, inmates on sports teams, and ICP inmates. Otherwise, all other inmates
must go to the outdoor yard during recreation times, except during the winter when all inmates
may visit the gymnasium twice a week. We were impressed with Attica’s indoor gymnasium and
recreation program and encourage prison administrators to examine ways for more inmates to
have greater access to the facility as a means of reducing both idleness and violence in the outdoor
yard, and to give inmates more significant opportunities for exercise.
SUBSTANCE ABUSE TREATMENT PROGRAMS
The Visiting Committee visited Attica’s Alcohol and Substance Abuse Treatment (ASAT)
program, which was at its capacity of 82 inmates at the time of our visit, with 1,079 inmates on the
waiting list. Attica employs one full-time correction counselor and one program assistant (PA) for
the ASAT program in general population and another correction counselor to run the Integrated
Dual Disorder Treatment (IDDT) ASAT program, with one vacancy for a PA. According to staff,
this position has been vacant for four years. According to facility staff, the inmate-staff ratio is one
staff person for every 41 inmates.
ASAT program participants must attend sessions during both morning and afternoon
programming modules each day. The ASAT program operates as a modified Therapeutic
Community (TC) and program participants are housed together in C-Block where the dayrooms
have been converted into classrooms.45 Typical TC elements are employed in the program
including community meetings, the use of push-ups and pull-ups, and some type of structured
hierarchy.46 Classrooms contained boards describing program rules and participant roles, in
45
TC cell standards include strict rules describing how an inmate’s bed should be made, how shoes must be aligned,
and various other regulations regarding how an inmate’s possessions must be kept and organized.
46
Pull-ups are verbal concerns participants or staff give to other participants who may not be appropriately managing
emotions, behaviors or tasks. Push-ups are verbal acknowledgements participants or staff give to other participants
who have demonstrated good behavior and/or progress. DOCS ASAT Program Operations Manual, 2002.
- 21 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
addition to posters on the walls. Staff explained that program participants do not need to keep their
cells according to strict TC standards; however, they must keep them relatively neat. Security staff
assigned to the C-Block 7:00 a.m. to 3:00 p.m. shift have been trained in the TC technique,
although staff expressed a necessity for training security staff working all shifts on the unit.
Inmates can be dismissed from the ASAT program due to: (1) a disciplinary removal—
when an inmate is convicted of violating important prison or program rules and/or is given more
than 30 days of keeplock; (2) an inadequate program performance removal, e.g., if an inmate fails
to participate in the program or receives more than two negative program evaluations; or (3) an
administrative removal, e.g., if an inmate is discharged or transferred to another facility unrelated
to his performance in the program. The table below shows the numbers of graduations and
removals for Attica’s ASAT program. Staff explained that Attica has a relatively low number of
disciplinary removals due to counseling and program staff’s efforts at holding treatment meetings
to discuss how to treat individual cases, particularly inmates who misbehave and those who are
released from the SHU and placed directly in ASAT. They attributed the high number of
administrative removals to the fact that the security status of many Attica inmates is altered while
at the facility, particularly those that were transferred to the Attica SHU from a medium-security
prison and then are transferred back to a medium-security prison after a certain length of time at
Attica. From the data given to us by the facility, there appears to be no program performance
removals, unless they have been placed in the disciplinary removal category. We are concerned
that Attica’s ASAT has almost as many participant removals per year as program graduates.
Table D – Attica ASAT Program Completions and Removals 2009 – 2010
Completions
Disciplinary
Administrative
Total Removals:
2009
92
49
38
87
2010
86
47
22
69
The Visiting Committee observed two ASAT program sessions, each of which contained
15 participants at the time of our visit, although staff informed us that each class usually contains
18 participants. Participants in both classes appeared engaged in the course material, contributing
to the discussion and asking questions, and both instructors appeared to be enthusiastic. We did
observe that one of the classrooms was extremely loud, as noise from the outside housing block
interfered with exchanges among class participants. Additionally, there were no restrooms in the
classrooms and participants complained of having to wait until after class to use the facilities.
Eighty-six percent of survey respondents who were not enrolled in ASAT at the time of our visit
but had participated in the program at a prior time were at least somewhat satisfied with substance
abuse treatment at Attica. We received seven surveys from inmates enrolled in the program and
they were generally at least somewhat satisfied with the program, although some inmates raised
concerns about interactions with the security staff on the housing unit and expressed a desire for
more substantial discharge planning. Although we had a limited number of survey participants,
their level of satisfaction with the treatment staff was higher than most CA-visited ASAT
- 22 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
programs. Similarly, they expressed greater confidence in their ability to discuss issues within the
program without being exposed to criticism from the group than most other programs.47
The CA was also pleased to learn during our December 2011 follow-up call that there had
been a regional training for DOCCS substance abuse providers and that Attica’s ASAT staff had
participated in training on the modifications to the DOCCS Substance Abuse Treatment Operation
Manual, including diagnostic determination, treatment planning, therapeutic community and
treatment recording.
MENTAL HEALTH CARE
One significant feature setting New York State’s correctional system today apart from
1971 is the provision of mental health services to inmates throughout the Department. Attica is an
Office of Mental Health (OMH) Level-1 facility, which means that the facility has the capability
of treating a “person diagnosed with a major mental illness and/or severe personality disorder[s]
with active symptoms and/or a history of psychiatric instability.”48 Mental health personnel must
be present in the facility at all times. All prison mental health services are provided by New York
State OMH staff, rather than DOCCS staff, and at the time of our visit OMH was authorized to
maintain 28 full-time employees at Attica. The Visiting Committee met with OMH staff during
our visit, and we appreciate the extensive information provided by the facility staff during our
meeting and tour of program areas.
OMH has the capacity to provide services to a substantially larger population at Attica than
other CA-visited Level-1 facilities. At the time of our visit, OMH staff estimated that there were
443 Attica inmates on the OMH caseload, representing 21% of the prison population. OMH is
responsible for programs and monitoring in several special housing areas, including a 15-bed
Residential Crisis Treatment Program (RCTP), a 78-bed Intermediate Care Program (ICP), a 36bed Transitional Intermediate Care Program (TRICP), and a 34-bed Special Treatment Program
(STP) in the SHU. Attica general population survey respondents rated mental health services
higher than the average ratings at all CA-visited facilities, with 31% rating services as good, 32%
rating them as fair, and 37% rating them as poor, placing the prison in the top half of CA-visited
prisons for assessment of mental health services.49
Residential Crisis Treatment Program (RCTP)
Attica’s Residential Crisis Treatment Program (RCTP) is intended to temporarily house
inmates who experience mental health crises and may be a danger to themselves or others, or who
otherwise exhibit serious psychological problems and need an assessment to determine appropriate
47
For a more detailed discussion of substance abuse treatment in New York State, see the Correctional Association’s
recent report Treatment Behind Bars: Substance Abuse Treatment in New York State Prisons, 2007-2010, available at
http://www.correctionalassociation.org/PVP/substance_abuse.htm.
48
When a Person with Mental Illness Goes to Prison: How to Help, a 2010 guide published by The Urban Justice
Center’s Mental Health Project (MHP) and the National Alliance on Mental Illness – New York State (NAMI-NYS),
Appendix A.
49
Compared to average ratings of 24% good, 40% fair, and 36% for mental health services at all CA visited prisons.
Twenty-three percent of general survey participants were on the OMH caseload at Attica and 20% had been at some
point in the past.
- 23 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
treatment. Inmates in crisis remain in observation cells until OMH staff determine appropriate
treatment plans and placements. Staff informed us that security staff assigned to the RCTP are
encouraged to help inmates feel safe and secure and are specially trained to work with this delicate
population and, in fact, have been assigned to OMH programs for 10 to 15 years. The Visiting
Committee visited the RCTP, which consisted of 10 observation cells and five dormitory beds.
The unit was dark and extremely quiet, a stark contrast from the rest of the prison.
According to OMH staff, most inmates admitted to the RCTP have threatened to commit
acts of self harm. RCTP inmates are generally from Attica itself, although nearby facilities without
an RCTP such as Groveland, Livingston, and Wyoming may also send inmates in crisis to Attica.
The mental health records of inmates actively on the OMH caseload accompany inmates
transferred from other facilities. Staff informed us that a low percentage of RCTP admissions
come from disciplinary housing.
OMH staff hold a team meeting each morning with all staff and discuss each case and
determine a treatment plan for each inmate before conducting private interviews. Inmates admitted
to the RCTP are given a mandatory initial interview, the length of which depends on the severity
of an individual’s mental health diagnosis, and are then offered an optional interview with OMH
staff each subsequent day they are in the RCTP. Staff informed us that nearly every RCTP inmate
engages in the daily interviews and if inmates do refuse to participate in an interview, staff try to
engage them or complete the interview cell-side. Staff told us that language barriers have not been
an issue, but staff may use the AT&T translation service if necessary. After an average length of
stay of four days, newly stabilized inmates are returned to their original housing units or facilities.
Intermediate Care Program (ICP)
The Intermediate Care Program (ICP) is a residential treatment program for inmates with
serious mental illness (SMI). Inmates in the ICP are housed on a 78-bed unit separate from
Attica’s general prison population and attend special programs and weekly community meetings
in a program area located on the housing unit. Some inmates may also enroll in regular
educational and vocational programs away from the unit and have job assignments throughout the
facility. The goal of the ICP is to provide inmates with sufficient mental health treatment and
support so that they may eventually return to the general prison population, although inmates with
chronic mental illness may spend the duration of their prison sentence in the ICP. Attica’s ICP
held 73 inmates at the time of our visit.
The Visiting Committee toured the ICP housing units, two housing blocks with OMH staff
offices located directly on them, and program spaces. We received a total of 21 written and oral
surveys from ICP inmates who generally expressed that they feel safer in the ICP than in general
housing. ICP survey respondents also appeared to have achieved some degree of progress while in
the ICP, although the levels of counseling and individual attention varied per inmate. Nearly half
of ICP survey respondents had been sent to the RCTP or Central New York Psychiatric Center
(CNYPC) prior to their admittance to the ICP and less than 30% of those had returned to either
location while housed in the ICP.
The ICP is divided into four phases, according to an inmate’s degree of functioning. Each
inmate is continuously working on developing his skills in order to progress through the phases
- 24 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
and eventually off the ICP. ICP staff make rounds on the ICP block each morning and speak to
each inmate to assess their progress. Staff also hold treatment team meetings each morning to
determine the needs of each inmate. There were 10 Phase I inmates at the time of our visit and,
according to staff, most inmates spend one month in Phase I. The majority of ICP inmates were in
Phase II and there were seven Phase III inmates, who had the capacity to be programmed off the
ICP unit for the entire day. Inmates must complete Phase IV before being transferred from the
ICP. Discharge from the ICP is discussed in OMH team meetings in coordination with DOCCS
and all discharges are transferred to the Transitional ICP (TRICP). Staff explained that no inmate
is in the same phase for more than one year and the average ICP stay is between 24 and 30
months, although there are five to six inmates who have been in the ICP for more than four years
and will never be placed in general population.
ICP inmates are offered a variety of programs, including those related to mental illness
such as socialization, skills development, symptom management, and various academic and
vocational programs. OMH runs 18 groups weekly in addition to an Integrated Dual Disorder
Treatment (IDDT) program for ICP inmates requiring substance abuse treatment in collaboration
with DOCCS. DOCCS runs a Sex Offender Program (SOP) exclusively for ICP inmates which
contained 12 inmates at the time of our visit. ICP inmates must meet the minimum 20 hours per
week of programming, Monday through Friday, and there are six to 15 inmates in each group.
Staff explained that inmates who are extremely low-functioning participate in groups with other
inmates, and staff rely on peer support to help these individuals understand the materials. OMH
runs an Activities of Daily Living (ADL) program for individuals requiring more intensive care
and attention to hygiene and these inmates are taught daily living and hygiene skills.
OMH may issue misbehavior reports to ICP inmates, but also utilize positive and negative
informational reports to moderate inmate behavior. According to OMH staff, a total of two
negative and five informational reports were issued in the year prior to our visit, and two ICP
inmates were transferred to the SHU. ICP inmates with SHU sentences are first placed in the SHU
and from there may be transferred to a residential mental health unit (RMHU). Staff explained that
Special Treatment Program (STP) inmates may come directly to the ICP after completing their
disciplinary sentence, and that these inmates usually have 60 days left on their disciplinary
sentence. These individuals are brought to the ICP for a trial period to ensure that they can adjust
properly to the ICP and they remain keeplocked until it is clear that they are adjusting well and
reintegration is possible. The Attica ICP has a capacity for six of these individuals at a time and
therefore there is a waiting list.
From inmate comments, it appeared that counselors were readily available for conversation
and individual therapy sessions, although the length of these sessions ranged from five to 30
minutes. Inmates were generally satisfied with programming, particularly ART and Metal Shop.
When asked to describe components of the program they disliked, several inmates stated that they
disliked the living skills program, describing it as unnecessary, and did not like recreation in the
gym as it is a location for harassment by security staff. Some survey respondents cited delayed
medical treatment as a concern, although all appeared to be receiving their mental health
medications in a timely manner.
The Visiting Committee observed the IDDT program, which had a total of 12 inmates
enrolled at the time of our visit with 12 on the waiting list and was run by a DOCCS ASAT
- 25 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
counselor and an OMH social worker. The room contained inspirational and informational posters,
in addition to two boards describing classroom job assignments and a television. Inmates appeared
engaged and interested and staff clarified issues that were unclear and encouraged inmates to
express themselves.
Despite positive reviews of programs and mental health care, relations with security staff
appear to be a significant concern and nearly every survey respondent complained of a lack of
confidentiality between clinicians and security staff. While some inmates reported positive
interactions with security staff, the majority complained of verbal harassment and several
complained of abusive pat frisks. Furthermore, a majority of survey respondents reported that
OMH staff were not receptive to complaints regarding security staff and there appears to be no
means for ICP inmates to combat potential abusive behavior on the part of security staff. We are
extremely concerned about complaints regarding confidentiality. Although the CA understands the
need for OMH to share pertinent information regarding the treatment of individuals in residential
mental health units with DOCCS staff who work on those units, we strongly urge that OMH staff
review how much and what information should be shared. Limitation should be established as to
what information is important for security staff to be most effective. We also recommend that
OMH staff review confidentiality protocols and ensure that proper protocols are followed.
Additionally, harassment by security staff assigned to the ICP is counterproductive to therapeutic
treatment. We recommend that DOCCS take steps to train all ICP security staff on how to
properly interact with this vulnerable population and remove from the ICP unit any staff who fail
to comply.
Transitional Intermediate Care Program (TRICP)
Attica’s Transitional Intermediate Care Program (TRICP) is a 36-cell transitory unit for
inmates with mental illness who require a more supportive environment than those in general
population, but whose illnesses are not severe enough for placement in the ICP. TRICP inmates
are programmed with general population inmates but also receive group and individual therapy.
Staff informed us that Attica’s TRICP is always at its capacity of 36 inmates, and that inmates
spend varied amounts of time on the unit, from six months to two years. Inmates are generally sent
to the TRICP from the ICP, STP, or general population and TRICP inmates who have difficulty
with being programmed with general population inmates are referred back to the ICP.
TRICP inmates attend nine OMH-run TRICP-specific programs a week, in addition to
regular general population program callouts. OMH runs a variety of eight TRICP programs each
week, with approximately nine inmates in each program. We received a total of four written and
oral surveys from TRICP inmates whose time on the unit ranged from two months to two years.
When asked what they liked about the TRICP, survey respondents stated that they liked going off
the unit for programming and that it kept them “active.” One survey respondent expressed
satisfaction with the stress management program in particular. Like inmates in the ICP, TRICP
inmates complained about confidentiality, reporting that security staff stand nearby during inmate
meetings with OMH staff. We have significant concerns about patient confidentiality at Attica and
request that OMH and DOCCS investigate these complaints.
- 26 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
Special Treatment Program (STP)
The Visiting Committee also toured the Special Treatment Program (STP), which provides
mental health services for inmates with serious mental illness confined in disciplinary housing.
The STP at Attica began in 2000 with an 18-bed program in its SHU and was expanded to 34 beds
in 2007. During the years 2008 and 2009, 44 and 77 inmates, respectively, were admitted to the
program and 44 and 76 patients, respectively, were discharged. At the time of our visit, there were
approximately 20 inmates in the program. Staff estimated that the average number of inmates in
the program has been between 20 and 25 participants for the past few years. OMH data for 2009
reported that the median length of stay for all STP patients throughout the Department discharged
during that year was 123 days.
The STP is designed to provide mental health services while the inmate is still confined in
the restrictive setting of Attica’s SHU. The STP Program Operations Description Manual states
that the program “incorporates cognitive programs, utilizing an eclectic psycho-educational
approach and uses principles and practices from the fields of rehabilitation, client-centered
therapies and behavioral psychology.”50 The primary components of the program are two-hour
group sessions five days per week conducted by OMH and to a lesser extent DOCCS treatment
staff, individual meetings with the patients’ therapists and psychiatrist and coordination of the
treatment program through a joint OMH-DOCCS treatment team that meets daily on the unit. Staff
informed us that there are approximately 20 different psycho-educational modules presented in the
group sessions that deal with subjects such as symptom management; education about
psychotropic medications; activities of daily living; interpersonal relationships and
communication; decision making, anger management, and criminal thinking; goal setting; and
discharge planning. DOCCS and OMH staff also conduct educational activities (ABE and GEDlevel) and an alcohol and substance abuse treatment program for STP patients.
During our visit, the Visiting Committee interviewed 16 STP inmates and collected
identifying information from a total of 23 program participants, 7 of whom provided us with
detailed written surveys about conditions on the unit. Attica STP inmates were housed in two SHU
disciplinary units in cells that were often dirty and somewhat dark; many of the cells had plastic
cell shields that further isolated the individuals from contact with staff. Each weekday STP
inmates are offered the opportunity to participate in a group therapy session and, if they agree, the
patients are escorted to one of the two group treatment rooms for approximately two hours, where
up to five STP inmates are placed in individual caged therapeutic cubicles, each about the size of a
phone booth, to speak with a group therapist or observe videos.51 The CA has long objected to the
use of these confined treatment units for group therapy. Using such imposing physical barriers to
separate therapists from their patients inhibits the establishment of a therapeutic environment and
undermines the trust that should develop between therapist and patient, particularly when these
restrictions are imposed throughout the treatment process, which, for some STP inmates, could
extend for years. It should be noted that at Central New York Psychiatric Center, inmates with
more significant mental health problems regularly see their therapist without such physical
restrictions being employed.
50
51
DOCCS and OMH, Special Treatment Program (STP) – Program Operations Description at p. 5 (August 2008).
The size of a therapeutic cubicle is 4’ wide by 4’8” deep by 7’ high.
- 27 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
The STP population we observed during our visit reveals both the challenges faced by the
program and the problems many participants encounter during their time in the STP. A majority of
the inmates with whom we spoke reported long SHU sentences, with some having a total SHU
sentence of five to more than ten years. The median SHU sentence for inmates who responded to
our written survey was three years. Many of these individuals accumulated additional SHU time
while they were in other SHUs or one of the several mental health treatment programs for SHU
inmates, such as the Residential Mental Health Treatment Unit (RMHTU) at Marcy C.F., the
Behavioral Health Units (BHUs) at Great Meadow and Sullivan, or the STP programs at Five
Points and Green Haven. Accordingly, not only had some of these patients been in a disciplinary
setting for several years prior to being sent to Attica, some patients were facing three to seven
additional years in disciplinary confinement. It appears that many of the Attica STP patients have
been removed from these other programs and sent to Attica. This suggests that the Department’s
treatment model may not have worked for these individuals, and it is unclear what actions, if any,
are being taken at Attica to alter the treatment plan for these individuals to be more effective.
One of the incentives for inmates to actively participate in the STP program is to obtain
reductions, known as time cuts, in their disciplinary sentence. The treatment team and the facility
Joint Case Management Committee can make recommendations to the superintendent for
reductions in an inmate’s SHU time and/or conversion of his SHU time to keeplock status.
Although we strongly endorse this approach, it does not appear that the time-cut process is
significantly reducing STP inmates’ sentences. OMH’s annual report on the STP program for
calendar year 2009 indicated that only half of the STP inmates discharged during that year
received a reduction in their SHU sentence, and the average amount of the time cut was 87 days.52
Of the STP inmates who provided us with time-cut information, most had reductions that were
from one to eight months. Given the very lengthy sentences of these inmates, these reductions
meant that these inmates were still spending multiple years in a disciplinary setting. We urge the
prison administration to be more aggressive in reducing SHU time so that the patients can
graduate from the program more quickly and be reintegrated into a non-disciplinary environment
where their mental health needs can more appropriately be addressed.
The inmates are assigned to Attica’s STP to receive more intense mental health care than
other SHU inmates, and this care is provided primarily through group sessions. Of the individuals
we interviewed or who provided us with written survey responses, a majority of those who
commented on the group sessions expressed negative opinions; four of the seven written survey
respondents rated the sessions as poor. Several said the group sessions did not address their needs
and that too often the patients watched videos. Some patients told us that they refuse the
counseling sessions because they feel the program is not helping them. Refusals of group sessions
appear to be a problem in Attica’s STP; the OMH annual report on the STP program for calendar
year 2009 documented that 24% of Attica STP patients refused to participate in the daily out-ofcell program.53 The main positive statements we received about the group sessions were that the
patients appreciated the opportunity to talk to other inmates in the program. STP patients also see
an individual therapist, and again, a significant majority of the patients who communicated with us
had negative views of their therapists. Most reported seeing their individual therapist once or twice
52
53
OMH, Special Treatment Program Annual Report 2010 at 5 (April 2010).
OMH, Special Treatment Program Annual Report 2010, Table 7 (April 2010).
- 28 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
per month for 10 to 15 minutes. Six of the seven written survey respondents rated the individual
counseling as poor. A nearly universal complaint by the STP patients was that their conversations
with mental health staff were not kept confidential and, consequently, they were confronted by
security staff with private information they had provided to their therapist. We are very concerned
that patients are being confronted with information that they divulged to their therapist in
confidence, which is detrimental to an effective therapeutic relationship. We understand the
importance of maintaining a multi-disciplinary treatment approach to address the needs of the
patients. However, we strongly recommend that OMH staff review what information is provided
to security staff and ensure that only the minimum amount of information is provided and only
that information that will better inform security staffs’ interaction with the patients. We also
strongly suggest that all staff working on any mental health unit review confidentiality protocols.
STP inmates also had mixed views of many of the other services provided on the unit. Of
the seven respondents to the written survey, none were satisfied with the cell study program, most
were dissatisfied with law library services and three were dissatisfied with the reading material
provided. In contrast, a majority of the respondents were satisfied with food services, and all but
two participated in the one-hour recreation program, even though it involved going to the small
recreation cages outside. STP inmates also expressed negative views about the quality of health
care services. Although all written survey respondents said they could access sick call at least
sometimes, a majority rated the nursing care as poor. Of greater concern, all STP respondents
reported delays in seeing a physician and all but one rated the doctor's care as poor. Overall, twothirds of these respondents said medical care was poor.
STP survey participants and those we interviewed expressed mixed views about the
security staff on the unit. Overall, only one patient expressed the view that relations with the staff
were good; the remainder were neutral or expressed the view that relations were bad. Besides the
uniform concern about lack of confidentiality, the most common complaints were about frequent
verbal harassment and threats and retaliation for complaining about staff or services. We were
particularly disturbed about reports of sexual abuse and abusive pat frisks. Although we did not
seek information about specific incidents of sexual abuse involving a particular patient because of
our inability to ensure absolute confidentiality in obtaining this information, several inmates
reported that sexual abuse, even incidents beyond an abusive pat frisk, occur in the STP. We urge
the facility to carefully review prior allegations of staff misconduct for suggestions of sexual abuse
and to develop means by which STP inmates can safely report sexual abuse to the program staff
without creating a risk of retaliation.
Pursuant to the SHU Exclusion Law, as of July 1, 2011 patients with serious mental illness
and SHU sentences greater than 30 days could no longer be placed in the STP unless extraordinary
circumstances existed, but rather had to be transferred to a residential mental health treatment
program for disciplinary inmates. At the time of our visit, only the RMHTU at Marcy or the BHUs
would satisfy the law's requirements for program content. We were told then that the prison did
not know what would happen to the STP or its patients. Since then, we have been in
correspondence with several of the STP patients we met during our visit. It appears that several
have been transferred from the STP to the Marcy RMHTU or one of the BHUs, or discharged
from the STP to an ICP. Several patients, however, have remained on the unit and informed us
that Attica's STP has been designated a residential mental health treatment unit pursuant to the
SHU Exclusion Law.
- 29 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
During our December 2011 conference call, facility staff confirmed that Attica’s STP
program had been converted into a 10-bed RMHTU located on the 2nd floor of the north gallery of
the Special Housing Unit. Facility administrators told us that all inmate-patients housed in the
RMHTU are receiving four hours out-of-cell time for group therapy, modules in the morning and
afternoon. Facility administrators also informed the CA that security staff received an additional
seven days of enhanced mental health training pursuant to the requirements of the SHU Exclusion
Law and that the facility had obtained an additional OMH physicians assistant, but no further
additional security or mental health staff.
Although the physical environment of the STP we visited does not violate the requirements
of the SHU Exclusion Law since the patients are segregated from other SHU inmates, we are
concerned about this re-classification of the Attica STP. Given the serious complaints we received
from the STP inmates in April 2011, we believe the Attica program needs a thorough review to
ascertain whether all patients’ needs are properly being met, and that OMH and DOCCS
administrative staff should provide additional training and greater supervision of the mental health
and security staff to ensure that the program is effectively treating all residents. We are
particularly concerned that inmates who have not been successful at more intense mental health
programs for disciplinary inmates, such as in the Marcy RMHTU and BHU at Sullivan, have been
or will be placed at Attica. We believe these individuals are the most challenging patients and that
Attica has not demonstrated that its current program can effectively treat these individuals.
MEDICAL CARE
The Visiting Committee toured the medical area and spoke with the nurse administrator
about medical services at the prison. We appreciate the detailed information provided prior to our
visit and during our tour. The medical area contained two waiting areas for inmates, six
examination rooms, and a pharmacy. At the time of our visit, unlike most prisons, Attica does not
bring inmates to the medical area for sick call; instead, sick call is conducted in small rooms in the
housing blocks. The prison also has a 28-bed infirmary, and we were informed by staff that the
infirmary usually serves 10 to 12 patients, including inmates from other area prisons that do not
have an infirmary. Staff told us the usual length of stay for infirmary patients was less than seven
days.
Overall, inmate survey participants rated prison medical care at a rate that was about
average for all CA-visited prisons. The responses to most of the medical care questions in the
survey placed the prison near the middle of rankings of all CA-visited prisons, except that the care
by clinic providers ranked near the top third of all surveyed prisons. Table E – Summary of
Attica Survey Participants’ Response about Prison Medical Care, on page 30, summarizes this
data, along with the prison ranking.
- 30 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
Table E – Summary of Attica Survey Participants’ Responses to Prison Medical Care
Medical Service
Yes
Sometimes
No
Rank*
Good
Fair
Poor Rank*
Can you see RN when
49%
39%
12%
18
needed
Rate Nursing care
15% 36% 50%
17
Do you experience delays in 39%
42%
20%
18
seeing a clinic provider **
Rate Physician care
20% 35% 45%
10
Experience delays in
45%
11%
44%
18
specialty care
Good follow-up to specialists 47%
54%
9
Problems getting medication 38%
17%
45%
17
Rate Overall Healthcare
15% 39% 46%
13
* Attica’s ranking from best access/care to worst based upon survey responses for all 29 CAvisited prisons.
** The three categories for this variable are: Yes=Frequently; Sometimes=Once or once in a
while; and No=Never.
Medical Staffing
Attica is authorized to have two full time equivalent (FTE) doctors, two physician
assistants, one nurse practitioner (NP) and 17 registered nurses (RN). At the time of our visit, the
nurse practitioner position had been vacant for nine months and one nursing item had been vacant
for a month. In addition to the permanent medical staff, Attica regularly employed two per diem
nurses who worked approximately two to three 10-hour shifts every two weeks. Due to the nurse
practitioner vacancy, the facility had employed a doctor on a fee-for-service basis for
approximately two to three days per week. Given the size of the facility, the facility does not have
sufficient number of nurses; the nurse-patient staffing levels of one nurse for every 125 patients is
significantly higher than the department-wide figure of one nurse per 80 to 100 patients. Since
Attica is a medical Level-1 prison, signifying it can handle inmates with the most serious medical
problems, and has a larger than average infirmary, we urge DOCCS to evaluate Attica’s nursing
need to determine whether its nursing staff should be increased. With five authorized clinic
providers (two FTE doctors, two PAs and one NP), Attica has a ratio of one provider for every
430 to 440 patients; this ratio is higher than the department-wide average of 1:400. The actual
ratio is even higher, given the vacant NP position, which is not being fully replaced by the parttime, fee-for-services doctor. Once the NP item is filled, we believe the Department should assess
whether additional clinic staff is also needed.
Sick Call
Sick call is conducted in the housing units in very small rooms at the front of the blocks.
During the visit, we inspected several of these rooms and found them to be inadequate for a proper
medical examination. The rooms we saw were dark and in poor condition, had old furniture, no
examination table, and limited medical equipment. It is also difficult to monitor activity in these
rooms, and several inmates commented that security staff often remained in or very near the room
- 31 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
so that the inmates could not have a confidential conversation with the nurse during the sick call
encounter.
During our December 2011 conference call with facility staff, we were informed that since
our visit, the prison has altered its sick call procedures and has initiated a program to conduct sick
call in the clinic area for all the housing units. At the time of our conference call, four of the five
housing areas were attending early morning sick-call in the clinic area and the fifth housing area
was scheduled to be changed over shortly. The CA commends the administration for
implementing this change.
Sick call under this new procedure begins at 6:00 am and prisoners from all but housing
Block-A are attending this early morning sick call. Patients who wish to attend sick call submit a
request the previous night before the 10:00pm count and are then escorted to the clinic area at 5:45
a.m. the next day. The facility currently has four nurses attending to sick call patients and will
assign additional staff if needed; an additional sick call nurse will be added when the last housing
area starts attending sick call in the clinic area. The facility estimates that approximately 35
inmates from four of the housing blocks are seen each day for sick call. Medical staff will continue
to make rounds to SHU, keeplock and PC every day for sick call. Prisoners who have a medical
emergency after sick call can request an emergency sick call (ESC) visit to the medical clinic to be
seen by a nurse. The facility estimated that 80 ESC encounters occur each month.
As summarized in Table E above, Attica survey participants had mixed views of the sick
call process and the adequacy of the nursing care provided during these meetings. Approximately
half of the survey participants said they sometimes experience delays in getting access to sick call,
a response rate that places Attica in the lower 40% of the prisons we have visited for a sick call
access. More importantly, half of the survey respondents said the care provided during sick call
was poor, ranking the prison in the lower half of CA-visited prisons for quality of such care. We
reviewed the nearly 270 Attica survey responses for individuals’ comments about the nurses and
sick call and found a disturbing pattern of explanations for their assessment of care. Many inmates
said that the care provided during sick call varied substantially according to the staff providing the
services. A frequent complaint was that some nurses exhibited a poor attitude towards their
patients with some being rude, discourteous, or uncaring. Other complaints mentioned the failure
to listen to the inmates and to provide appropriate care, and follow-up. A minority of survey
participants expressed a more positive review, with some complimenting the nurses that they saw
for their prompt action and care. These comments strongly suggest that there is significant
variability in the care being provided by the sick call nurses. We urge the prison to conduct an
assessment of the care provided by all sick call providers to ensure that each is performing an
effective examination of all patients.
Clinic Call-Outs
Attica has five FTE clinic providers, three permanent physicians (one full-time and two
half-time doctors), two NPs and one fee-for-service doctor who works about two to four days per
week. Clinic appointments are scheduled six days per week, with both morning and afternoon
appointments. The facility estimated that each month 550 to 600 patients are seen by the clinic
providers.
- 32 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
Overall, Attica survey participants had a more favorable view of the clinic providers than
of the sick call nurses, but access to the clinic was still problematic. According to staff, it takes
two to three weeks to see a clinic provider for a routine appointment. Based upon inmate survey
responses, the median time to see a provider was three weeks, placing the prison in the middle of
all CA-visited prison for the length of time to see a doctor. Thirty-nine percent of survey
participants said they frequently experienced delays in getting to the clinic, which placed the
prison in the bottom 40% of all CA-visited prisons. We received numerous complaints from the
survey participants that they were delayed in seeing their doctor or other provider. We believe the
problems in access to the clinic may be a function of the limited clinic staff, particularly with the
vacant nurse practitioner position, which is only partly being filled by a part-time doctor. We urge
the prison medical staff and DOCCS Division of Health Services to evaluate whether additional
clinic staff is needed.
In contrast to the mixed reviews on access to the clinic, as noted in Table E above, 55%
of the respondents said the care provided by the clinic staff was good or fair, a rating that was
better than two-thirds of the prisons we have visited. Survey participants’ responses focused again
on the variability in the care provided based upon the medical staff serving the patient. Many
inmates said that several of the clinic providers afforded them appropriate care when they were
seen, but some respondents had significant problems with clinic providers they were seeing,
asserting they were rude, uncaring or unresponsive to the patient’s medical needs. Even many
inmates who rated the medical care as fair said their experiences with the medical department
were very dependent upon the individual who examined them. We urge the facility to review the
care being provided by each member of the clinic medical team to ensure that all providers are
adequately serving every patient.
Care for Patients with Chronic Medical Problems
As with most DOCCS facilities, Attica has a large population of inmates with chronic
medical problems. Table F – Summary of Attica Inmates with Chronic Medical Conditions
details the conditions experienced by the inmate population at the time of our visit and the
percentage of the population with these conditions. Patients with specific chronic conditions are
generally not referred to a particular provider, but are distributed among all clinic staff. The prison
does, however, attempt to have that patient seen by the same provider once initially assigned to a
specific staff member. In addition, medical staff informed us that specific nurses are assigned to be
chronic care coordinators to follow patients infected with HIV or viral hepatitis, or those who have
diabetes, seizure disorder, asthma, or hypertension. The chronic care nurses are assigned to
coordinating the care for these patients and performing patient education. In addition, the clinic
providers see patients with chronic conditions at least every three months and also perform patient
education.
Table F – Summary of Attica Inmates with Chronic Medical Conditions
Infected
% Infected
Treated
HIV
49
2.3%
30
AIDS
20
0.9%
HCV
208
9.7%
4
HIV & HCV
40
1.9%
- 33 -
Asthma
312
15.0%
200
Diabetes
142
6.6%
100-10
Hypertension
397
18.4%
300
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
Attica has one provider, physician assistant Graf, who is certified as an HIV specialist by
DOCCS. HIV-infected patients may also see an infectious disease specialist; the prison estimated
that on average less than five HIV-infected patients are seen each month by this specialist. The
percentage of Attica inmates who are known to be HIV-infected is similar to the average for all
DOCCS facilities; however, this figure is substantially less than the estimate of 5% to 6% of the
entire DOCCS population who are believed to be infected with HIV based upon NY Department
of Health studies.
With more than 200 inmates infected with hepatitis C (HCV), representing nearly 10% of
the prison population, Attica is similar to most New York State prisons in facing a significant
medical burden from this disease. Attica’s rate for inmates known to be HCV-infected is similar to
the rate for the entire Department. In contrast, only four of the 208 HCV-infected patients,
representing less than 2% of those infected, were receiving HCV treatment. This rate of treatment
is less than the system-wide average of 5% and much less than treatment rates in the community.
Prison staff told us that previously the prison typically treated six to seven HCV-infected patients
at a time, but that figure has been lower recently. We urge the prison medical staff to review the
population of HCV-infected patients to determine whether any individuals not receiving treatment
may be appropriate candidates for the therapy.
Specialty Care
Patients who require specialty care services are seen at the regional medical unit at Wende
C.F., by specialists who come to the prison, or at area hospitals or other medical care locations
outside the prison. Approximately one-third of the survey respondents said they had seen a
specialist in the last two years, a rate similar to the average for all CA-visited facilities. As
reported above in Table E, when survey participants were asked if they experienced delays in
seeing a specialist, a majority reported experiencing delays at least some of the time, at rates
placing Attica in the lower half of CA-visited prisons for access to specialists. In contrast with this
negative assessment on access to specialists, 47% of respondents said that the clinic staff provided
good follow-up to the specialists’ recommendations, a rating that exceeds two-thirds of the prisons
we have surveyed. Again, it appears that inmates are more satisfied with the quality of the care
they receive from the clinic providers, but still express concerns with delayed care.
Medications
Attica has a pharmacy staffed by three pharmacists and three pharmacy aides, which also
provides medications to nearby Wyoming C.F. Fifty-five percent of survey participants reported
that they sometimes experienced problems in getting their medications, a rate that is about average
for all CA-visited prisons. Some of the concerns expressed by survey respondents were that they
experienced delays in getting their medications or that the medications prescribed by the doctor
were changed without consultation with the patient, were not the medications suggested by the
specialist or did not adequately treat their medical condition.
Quality Improvement Program
Attica’s Quality Improvement (QI) Committee meets quarterly and consists of medical
staff (facility health services director, nurse administrator, senior utilization review nurse,
- 34 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
infection control nurse, pharmacy representative, and health information management technician),
and prison administrative staff (deputy superintendents for administration and security). We were
informed by the facility that during the period 2009 through the first quarter of 2011, the QI
committee performed evaluations of hepatitis B and C, asthma, diabetes, infirmary care,
emergency room referrals, periodic health appraisals, sick call, and consultations to specialists. We
did not review the records of the QI committee, so we cannot comment on the thoroughness of
these reviews, but we commend the committee for the scope of issues that it has covered during
the past two years.
Dental Care
The Visiting Committee toured the dental area, which has five dental chairs, and spoke
with the dental staff. Attica has three half-time dentists and two full-time dentists. The dental staff
informed us that they see approximately 25 patients per day, estimating that 50% of their dental
work is restorative care, 20% involves extractions and 5% of dental patients are seen for dental
emergencies. The dental hygienist also performs about five cleanings per day.
The survey participants expressed mostly a positive assessment of the dental services they
received; 36% rated dental care as good, 39% said it was fair, and only 24% reported it as poor.
These figures place the prison in the top 30% of the 14 prisons for which we have dental care data.
Concerning access to the dental department, survey respondents estimated it can take 60 days to be
seen, a delay that is average for the CA-visited prisons. Survey participants’ comments about the
dental care system included many positive statements about the dentists, including that the care
was good to even excellent and that the staff was consistently attentive, caring, courteous and
professional in dealing with the inmates. The one consistent negative comment expressed by many
survey respondents was that the patients experienced delays in getting seen, both for care and
especially for teeth cleaning. We commend the dental staff for the quality of the services provided
and their caring attitude, but urge the Department to investigate whether additional dental staff is
needed to meet the needs of the prison population.
OTHER SERVICES
General Library
The Visiting Committee toured Attica’s general library, which has a capacity to
accommodate 20 inmates at a time, appeared clean and well organized at the time of our visit, and
employed one full-time senior librarian, one part-time library aide, and five inmate clerks. The
library is open Monday through Saturday from 8:30 a.m. to 2:15 p.m. and is only open in the
evening on Thursdays. Each general population inmate may visit the library once per week, space
permitting. Porters bring book carts to inmates in the SHU, infirmary, PC, and ICP.
The library maintains a collection of more than 5,000 books, including approximately
1,000 books in Spanish which inmates may access through six computer terminals or by browsing
the stacks. The library recently purchased a new encyclopedia, but staff explained that the facility
has not acquired many other new titles due to the limitations of the state budget; however, Attica
participates in the interlibrary loan program so that inmates can obtain materials from other
- 35 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
libraries. Several educational programs are available on the library computers, including Rosetta
Stone, GED 21st Century, and Career Zone.
Fifty-four percent of Attica survey respondents were at least somewhat satisfied with the
facility’s library, slightly lower than the average of 62% at all CA-visited facilities and ranking the
prison in the bottom half of all surveyed prisons. Inmate library access at Attica appears to be
significantly more limited than at other CA-visited prisons, both due to the one visit per week
limitation and its shorter operating hours, particularly the limited nighttime hours. We are
concerned about this limited access and recommend that facility administrators consider
expanding library hours, potentially by hiring additional staff or inmate clerks.
Law Library
The Visiting Committee toured the law library, which is located in a different location
within the facility than the general library. Open seven days a week and five evenings a week, the
law library has no civilian staff but instead is staffed by several knowledgeable inmate clerks. The
law library officer serves as the notary. We were pleased to learn that 20 computers were installed
in November 2010 for legal research and that there are 16 additional computers dedicated to word
processing.
Attica survey respondents were less satisfied with law library services than at any other
CA-visited facility, with only 31% at least somewhat satisfied.54 According to staff, inmates may
access the law library once per week via call-out and the schedule rotates by housing block. Staff
also explained that inmates with upcoming court dates may spend additional time at the law
library; however, inmates with whom we spoke seemed dubious about whether inmates may
actually take advantage of this and complained of extremely limited access to the law library.
Inmates were also concerned that there were no trained paid staff and insufficient training for
inmate clerks. As sufficient law library access is a constitutional right and integral to inmates
being able to pursue any pending court cases, we are extremely concerned about the low level of
research assistance and limited law library access, particularly for a facility as large as Attica. As
discussed above, we recommend that the facility find ways to expand inmate law library access
and improve the quality of legal research and writing assistance.
Mess Hall
The Visiting Committee toured one of Attica’s three mess halls during our visit. Each mess
hall is designated for particular housing areas: A mess hall for A block residents, with a capacity
of 132; B mess hall for B and E block, also with a capacity of 132; and C mess hall for C and D
inmates, with a smaller capacity of 90. The mess halls were updated with new tables in 2007 and
new lighting in 2009. Due to inmates’ very limited options to cook for themselves, on average
1,900 inmates attend each meal. On the day of our visit, there were over 600 remote meals being
delivered to inmates on keep lock, 164 medical diets, and 69 cold alternative diets.
54
Compared to an average satisfaction rating of 57% for law library services at all CA-visited prisons.
- 36 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
The majority of the food comes from the state’s Cook-Chill program; however, dairy and
produce contracts are negotiated monthly by DOCCS with local producers. The facility spends a
total of $2.65 per day for each inmate’s three meals.
Inmates at Attica had generally negative opinions of food services within the prison, with
73% of inmates stating that they were not satisfied with the food services, ranking Attica 22nd in
food satisfaction out of the 29 CA-visited facilities. Inmates reported being less satisfied than the
system-wide averages relating to the temperature of their food and cleanliness of their trays and
utensils.55
A majority of Attica survey respondents were dissatisfied with the quantity of the food,
and we received numerous comments and complaints from inmates during and after our visit
regarding smaller portions than had previously been served. The Food Service Administrator told
us at the time of the visit that there was no portion reduction, although the facility had switched to
the “plus” system in which portions remain the same but inmates are given a fraction of the
portion and are allowed to ask for more; for example, instead of providing four slices of bread,
inmates will initially receive two slices and may request two more. Considering the high number
of complaints we received relating to food quantity, we encourage the facility to take steps to
ensure that inmates are aware of this change in food distribution procedures.
In 1971, Attica prisoners demanded: “Give us a healthy diet, stop feeding us so much pork,
and give us some fresh fruit daily.” Forty years later, only 24% of inmates at Attica expressed
being at least somewhat satisfied with the nutritional value of the food, and an average 62% of
inmates expressed dissatisfaction at CA-visited prisons statewide. Although fresh fruit is provided
and there are alternative diets that are pork free, nutritional, balanced, healthy meals appear to still
be largely absent from DOCCS mess halls.
Commissary
Since Attica is a TV facility, inmates may only receive two packages per year from friends
or family and must rely more heavily on the facility’s commissary if they have the funds to do so.
Items on the commissary buy sheet are often updated by the ILC and there were 12 new items at
the time of our visit. Inmates commissary buys are conducted between 2:00 p.m. and 3:00 p.m.
and 6:00 p.m. and 9:40 p.m. According to commissary staff, approximately 25% of inmates reach
the maximum buy limit of $55 per visit. Used TVs may be purchased for $30 at the Commissary
and do not count toward the $55 limit. Forty-eight percent of survey respondents were at least
somewhat satisfied with Attica’s commissary, ranking the facility in the top third of all CA-visited
prisons for commissary satisfaction.
Visiting Room
Attica’s general visiting room has a capacity for 41 inmates and is open seven days a week.
The overflow visiting room is open on weekends to expand visiting capacity to approximately 75
inmates in addition to their families. In the event that the visiting room is over capacity, Attica
55
Fifty-six percent of Attica survey respondents were at least somewhat satisfied with food temperature and 33% with
cleanliness of trays and utensils compared to 62%, and 45% averages respectively at all CA-visited prisons.
- 37 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
uses a first-in first-out policy for visitors residing within 100 miles, and according to staff this
happens approximately once a month. At the time of our visit, the visiting room was generally
clean and pleasant looking, painted with colorful murals and containing several vending machines.
Attica operates the Click-Click program so that families may take pictures together in the visiting
area. The children’s play area was sparse with several torn books, one small table, and a
television; there were no mats or games.
Over 50% of survey respondents were at least somewhat satisfied with the visiting services
at Attica, consistent with the statewide averages for all CA-visited prisons. Inmates with whom we
spoke complained that facility staff often harass visitors, particularly during processing for Family
Reunion Program (FRP) visits.
Mail and Package Services
Attica survey respondents were generally dissatisfied with mail and package services,
ranking Attica seventh worst out of all 29 CA-visited facilities for mail and package room
satisfaction.56 Generally, inmates reported delays in receiving mail and packages, particularly
those containing money orders from family members. Theft or missing items from packages were
also significant areas of concern. Attica is a TV facility, meaning that inmates are allowed small
televisions in their cell in exchange for limited package privileges. Some inmates with whom we
spoke did not understand the unique restriction on packages for TV facilities, and we urge the
facility to ensure that all inmates are aware of these guidelines as explained by DOCCS Directive
4921.
Forty years ago, in the 1971 Attica Rebellion inmates demanded that they be allowed to
communicate with anyone they please at their own expense. Decades later, mail and package
services still remain a high area of concern. Mail review directives are complex and limiting, and
inmates cannot communicate with their peers housed in other facilities.
Recommendations
We recommend that state policy makers work with DOCCS Central Office administrators
and facility officials in implementing the following measures:
Safety and Inmate Grievance Program
Safety
 Assess the level and causes for tension between staff and inmates, and develop a plan to
reduce tension and incidents of verbal harassment, including additional training for staff
regarding how to manage inmates with significant mental health needs.
 Review Unusual Incident Reports, grievances and misbehavior reports to assess whether there
are patterns of violence within the prison, whether specific staff members are more frequently
involved in inmate-staff confrontations, and whether certain areas within the prison are more
56
Seventy-two percent of Attica survey respondents were dissatisfied with mail and package services, compared to an
average of 66% at all CA-visited prisons.
- 38 -
Prison Visiting Project
Correctional Association of NY






Attica Correctional Facility
April 2011
frequent locations for violence. Following this review, develop a plan, including additional
staff training, to continue to reduce violence between inmates and staff.
Install video cameras in areas of the prison, including the special housing unit, where incidents
of violence are alleged to have occurred more frequently and develop a system to preserve
these recording so that they can be used in subsequent investigations of allegations of
improper behavior by inmates and/or staff.
Encourage line staff to engage inmates in more positive interactions and investigate any
allegations of harassment, threats or excessive use of force and implement prompt disciplinary
action if substantiated.
Reconsider whether it is necessary for staff to escort inmates throughout the facility with their
batons unsheathed.
More closely monitor allegations of sexual abuse and abusive pat frisks by staff and meet with
the ILC and IGRC to explore ways to reduce sexual abuse and how to promptly identify and
respond to staff sexual misconduct or abusive pat frisks.
Develop and implement additional measures to reduce gang participation and drug usage in the
prison through non-punitive methods.
Increase supervision during the evening shift to reduce the level of violence and inappropriate
staff-inmate interactions during this tour.
Protective Custody
 Install at least one additional telephone in the PC yard.
 Explore methods of bringing additional therapeutic, educational, and vocational programming
and materials to the PC unit and increasing access to medical care and medication refills.
Special Housing Unit/Keeplock
 Review the provision of services in the SHU, with a focus on medical care, reading materials,
library services and the cell study program, to ensure that all SHU and keeplock inmates
promptly receive required services.
 Examine ways of encouraging inmates in the SHU and keeplock to utilized recreation by
providing the proper attire for the weather and installing cameras on the route to and from the
recreation pens.
 Assess the level and causes for tension between SHU/keeplock staff and inmates, and develop
a plan to reduce perceived and actual incidents of verbal harassment, physical confrontations
and sexual abuse by staff.
Grievance System
 More closely monitor allegations of retaliation by staff in response to inmate grievances and
assertions that staff are filling false misbehavior reports.
 Meet with the ILC and IGRC to discuss ways to reduce tension at the prison and to improve
the effectiveness and credibility among inmates of the grievance system.
Programs

Consider methods of increasing available programs for all inmates, including potentially hiring
additional staff, changing program times, or modifying facility movement schedules and
procedures.
- 39 -
Prison Visiting Project
Correctional Association of NY








Attica Correctional Facility
April 2011
Provide more meaningful prison job opportunities that will permit inmates to develop skills
and experiences that enhance their ability to find employment upon release.
Increase the rate of pay for inmates at all DOCCS facilities to reflect increases in the cost of
items in the commissary.
Fill all vacant educational and vocational positions and prioritize the hiring of teachers and
instructors who are bilingual to meet the needs of Spanish-speaking inmates.
Decrease the number of inmates on the waiting list for academic classes, particularly by
increasing GED class capacity and enrollment.
Initiate additional vocational programs and Department of Labor and NCCER apprenticeships
so that inmates can learn skills that will benefit them upon release.
Provide program participants with educational and vocational materials in Spanish.
Ensure that Transitional Services reentry resources are up-to-date and relevant to inmates
being released to a variety of locations.
Examine ways for more inmates to have greater access to the indoor gymnasium as a means of
reducing both idleness and violence in the outdoor yard, and to give inmates more significant
opportunities for exercise
Substance Abuse Treatment Programs




Fill the Program Assistant vacancy in the ASAT program.
Require all security staff working in the ASAT program and housing areas to participate in
Therapeutic Community (TC) training.
Provide clinical supervision to treatment staff in the ASAT program to ensure greater
consistency in services provided among the two ASAT groups.
Enhance efforts by treatment staff to assist program participants in developing effective
discharge plans for continuing treatment in the community when it is needed.
Mental Health Care





Review patient-clinician confidentiality protocols with OMH staff and DOCCS security staff
and ensure that proper protocols are followed, investigating any complaints of confidentiality
breaches or misuse of sensitive information.
Take steps to train all security staff working on a mental health unit on how to properly
manage and interact with inmates with mental health care needs and remove from these units
any staff who fail to perform their job duties properly.
Review the services provided during STP group sessions and individual counseling to
disciplinary inmates with serious mental illness to determine what additional measures can be
taken to better engage the patient population.
Increase efforts to reduce SHU sentences for STP patients and more expeditiously transfer
STP patients to non-punitive residential mental health treatment units.
Reconsider the decision to convert Attica’s STP to a residential mental health treatment unit
for disciplinary inmates with serious mental illness.
- 40 -
Prison Visiting Project
Correctional Association of NY
Attica Correctional Facility
April 2011
Medical and Dental Care






Fill all vacant medical positions and investigate whether additional nursing and clinic provider
positions should be allocated to the prison to ensure that all inmates get prompt access to sick
call and clinic call-outs.
Review the quality of care provided by all sick call nurses and clinic providers to ensure that
medical conditions are properly diagnosed and promptly treated.
Enhance efforts to reduce the delay in getting patients seen for medical call-outs.
Implement measures to ensure that HCV-infected patients are thoroughly evaluated to
determine if they are appropriate candidates for treatment.
Review the utilization of specialty care services to determine if all patients are getting prompt
access to all needed specialty care services.
Review the delays dental patients experience in accessing dental care and institute measures to
provide prompt access to such care.
Other Services





Improve access to the general library and the law library by expanding their hours of
operation, potentially by hiring additional staff or inmate clerks.
Enhance the quality of legal research and writing assistance.
Raise the limit on the amount inmates can spend at the commissary.
Review the processing and treatment of visitors to ensure courteous and professional treatment
by the visiting staff.
Implement measures to prevent delays in outgoing mail, improve the delivery of mail and
packages to inmates, and ensure that all inmates understand the particular package restrictions
for those housed in a television facility.
- 41 -