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西南交通大学学报

第 54 卷 第 5 期 Vol. 54 No. 5
JOURNAL OF SOUTHWEST JIAOTONG UNIVERSITY Oct. 2019
2019 年 10 月

ISSN: 0258-2724 DOI:10.35741/issn.0258-2724.54.5.38

Research article

Economics

THE IMPLICATIONS OF OVERCROWDING FOR FOSTERING


PRISONERS IN PRISON: MANAGEMENT AND SYSTEMS PROBLEMS

监狱过度拥挤对监狱的影响:管理和系统问题

Dey Ravena, Ade Mahmud


Faculty of Law, Universitas Islam Bandung
Jalan Tamansari no.1 Bandung 40116, Indonesia, deyravena2@gmail.com

Abstract
The problem of overcrowding stems from the overcrowding capacity of the Penitentiary, thus raising
various problems and relegating correctional goals to a forgotten concept. Against this backdrop, the
current study is aimed at determining the implications of correctional overcrowding of prison institutions
in the process of fostering inmates and finding solutions in order to improve management and correctional
systems in the future. This study adopts a normative approach using qualitatively analyzed secondary
data. The results show that the overcrowding problem has seriously adverse implications for coaching
programs, causing illness, triggering disturbances between prisoners, burdening state finances each year,
and transferring prisoners to other prisons, which, in turn, makes it difficult for families to visit inmates.
These problems are preventing the coaching process from achieving the goal of criminal justice. Efforts
to overcome the problem of overcrowding include reducing the use of imprisonment sanctions and
making replacements in the form of other sanctions that have deterrent power, building new buildings
accompanied by facilities that support the basic needs of prisoners, reforming management or a system
starting from strengthening the prison officers' integrity, improving the quality of coaching programs, and
ensuring welfare of officers.

Keywords: Overcrowding, Prison, Management, System, Prisoner

摘要
监狱人满为患的问题源于监狱的人满为患,从而引发了各种各样的问题,并将惩教目标归于被遗
忘的概念。在这种背景下,当前的研究旨在确定监狱机构教养过度拥挤在培养囚犯和寻找解决方
案的过程中的意义,以改善未来的管理和教养系统。本研究采用定性方法,使用定性分析的辅助
数据。结果表明,人满为患的问题严重影响了教练计划,导致疾病,引发囚犯之间的混乱,每年
增加国家财政负担,将囚犯转移到其他监狱,从而使家庭难以探视囚犯。这些问题阻碍了辅导过
程实现刑事司法目标。克服拥挤问题的努力包括减少对监禁制裁的使用,以具有威慑力的其他制
裁形式进行替代,建造新建筑物,并配备满足囚犯基本需求的设施,改革管理或从加强开始的制
2 Ravena and Mahmud / Journal of Southwest Jiaotong University/ Vol.54 No.5 Oct. 2019

度监狱官员的廉正,提高辅导计划的质量,并确保官员的福利。

关键词: 人满为患,监狱,管理,系统,囚犯

I. INTRODUCTION the Correctional Advisory Center, which


Criminal sanctions are known to be one of the provides advice and consideration to the Minister
commonly used methods used to achieve the goal regarding the implementation of the correctional
of punishment. However, the actual provision of system and the Correctional Observer Team that
a crime has become a problem and elicited much administers advice on the Correctional Guidance
introspection from legal to identify the reasons Program in each Unit Technical Implementer and
and conditions that cause a person to be various other supporting facilities [3].
convicted of a crime. Under the classical theory In the implementation of the correctional
of crime, it is viewed as the cause of the suffering system in Indonesia, a number of serious
of others, so that suffering must be repaid with problems arose—in terms of both policies and
suffering [1]. Discussions about punishment from systems—that could not be resolved, such as the
a legal and moral standpoint are two distinct yet placement of prisoners in prison, or the
inextricable parts. On the one hand, the law may placement of a prisoner in a detention house.
justify certain criminal convictions, but on the Both of these problems are clearly wrong, legally
other hand, the moral values of the people and in terms of the function of detention centers
prevent them from accepting the same. and correctional institutions. Another problem
Contrastingly, the moral rectitude of people that has not yet been resolved is the problem of
makes criminal convictions a viable option, but overcapacity. The availability of correctional
law must still formulate them [2]. facilities is far less than the number of prisoners
For Indonesia, which has a state based on the [4]. This problem creates the condition of
ideology of Pancasila, new thoughts about the overcrowding. The overcrowding referred to here
criminal function which are no longer just is a crisis situation due to an imbalance between
deterrence-centric, but also signify an effort to the number of prisons and prisoners. Until now,
rehabilitate and reintegrate social prisoners have there has been no comprehensive government
given birth to a formation system called a penal solution to overcome the problems of
system, which has been known for more than management and the procurement system; so far,
thirty years. In addition to aiming to restore the improvement of this condition is patchy and
prisoners as good citizens, the penitentiary inconsistent. The overload of occupants haunts
system also aims to protect the public against the almost all detention centers and prisons
possibility of a recurrence of criminal acts by throughout Indonesia.
prisoners, and is an inseparable part of the values Based on data from the Directorate General of
espoused by Pancasila. Corrections, the increase in the number of
In the penitentiary system, Prisoners, prisoners and detainees is far higher than the
Correctional Students, or Correctional Clients capacity of prisons and detention centers. In
have the right to receive spiritual and physical 2019, the number of prisons and remand centers
development and be guaranteed their rights to in Indonesia amounted to 522 with a capacity of
practice worship, deal with external parties (both 126,994 people. Today, the prison and remand
families and other parties), obtain information center content now amount to 262,925 people, so
through printed and electronic media, obtain it has been over capacity by 107% [5].
decent education, and so on. To guarantee the Nationally, there are 10 prisons and remand
implementation of these rights, a Penitentiary centers with the highest overcrowded rates, as
Technical Implementation Unit is held, which shown in Table 1.
directly carries out guidance and is provided by

Table 1.
Prisons and detention centers with the highest overcrowded rate in 2019 [5]
No Unit technical implementer Number of occupants Capacity Overcrowded Number of
officers
1 Bagan Siapi-Api 799 98 715% 36
2 Langsa 497 63 689% 48
3 Prison Class of IIA Labuhan Baku 2.240 300 640% 49
4 Prison Class of IIB Tanjungbalai 1.471 198 643% 110
3

5 Prison Class of IIA Tanjungbalai 2.674 366 631% 112


Banjarmasin
6 Bireuen Prison 435 65 569% 40
7 Teluk Kuantan Prison 363 53 568% 46
8 Prison Class of IIA Jambi 1412 218 548% 149
9 Prison Class of IIB Takengon 408 65 528% 26
10 Prison Class of IIA Bandar 1044 168 521% 90
Lampung

The data in Table 1 show that the existing This research is a legal research because it
conditions for prisoners and detainees being held examines the rule of law for solving the problems
on remand are very far from ideal. Overcrowding studied by using literature and other sources [6].
raises the average number of prisoners and In this study, the authors use:
detainees per security officer to an unacceptable
level. Whereas current conditions dictate that A. Research Approach
each security officer must supervise 36 prisoners, This study uses a normative approach.
the recommended ratio is 25 prisoners per Soetandyo Wignjosoebroto [7] assessed that law
officer. So it is clear that prison overcrowding is not only the norm or legal method in the form
has quite an impact on the issue of security. At of written statutory regulations, but also the
the same time, prisoners and detainees in principles and decisions of judges. This study
overcrowded conditions are subject to higher examines the norms or methods in Act No. 12 of
stress and are more susceptible to diseases. Data 1995 concerning correctional institutions and the
from the Directorate of Care and Rehabilitation principles of the penal system.
for the years 2015-2019 revealed the range of
serious diseases that had afflicted prison and B. Research Specifications
remand center residents, including hepatitis, The specification of this study is analytical
tuberculosis, HIV, heart disease and vascular descriptive because it will illustrate facts relating
illness, breathing problems, digestive issues, and to the overcrowding problem in the penal system
cancer. These diseases caused the deaths of some and then analyze the fact using various theories
prisoners and detainees in 2019 which numbered and regulations that are closely related to the
176 prisoners [5]. problems raised.
Overcrowding has also caused serious
problems for the ongoing prisoner-coaching C. Data Types
program—problems that have a direct impact on The type of data used in this study is
planning and oversight at correctional secondary data sourced from primary legal
institutions. A number of questions arise: Is the materials, such as Law No. 12 of 1995
failure of the coaching program due entirely to concerning Penal Institutions and secondary legal
overcrowding in prisons? What are the materials that can provide an explanation of
implications of overcrowding when it comes to primary legal materials such as books, journals,
fostering inmates’ well-being? What steps have papers, and research results related to
been taken to address the problems of prison correctional institutions. It also examines tertiary
management, including the bad conduct of some legal materials that can provide instruction and
of the officers, the failures of the prisoner- explanation for primary and secondary legal
training program, and other issues? These materials, such as legal dictionaries and
questions can be answered only through a magazines.
comprehensive investigation of the actual data, so
that the problem of overcrowding can be resolved D. Data Collection Techniques
and the penitentiary system can achieve its The data collection techniques used in this is
objectives in accordance with the ideals of literature study that analyzed sources of scientific
justice. So the purpose of this article is to analyze theoretical readings such as books and local and
the implications of overcrowding on the process international scientific journals that discussed
of fostering prisoners and find efforts to improve narcotics issues, papers that had been
management and systems to overcome the disseminated and could be used as a basis for
problem of overcrowding in the penal system in research.
Indonesia.
E. Data Analysis Techniques
II. METHOD
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The method of analysis uses qualitative cultures seem to cope better with high densities,
methods, a method of research that produces but when the body's sensory system overloads,
descriptive analytical data, because it does not the stimulus and lack of personal control leads to
use formulas and numbers using deductive many negative impacts. When people feel
thinking methods. crowded or are experiencing psychological stress,
they show negative emotions, tension, anxiety,
III. RESULTS AND DISCUSSIONS and nonverbal signs of nervousness, such as
anxiety or repeatedly playing with objects.
A. Implications of Overcrowding Against the Crowding is consistently related to social
Process of Guiding Prisoners in withdrawal. Coping mechanisms are
Penitentiaries in Indonesia characterized by reduced eye contact,
The problem of crime is a necessity in social maintaining greater interpersonal distance, and
life. Evil cannot be eliminated, but can only be clearer inhibition in starting a conversation.
reduced in quantity and quality. The statement The problem of overcrowding, based on the
can be empirically proven since humans were Task Force Team of the Ministry of Law and
born until now crime continues to exist and Human Rights, has various implications, namely:
become even more complex [8]. Providing 1) Differences in treatment between fellow
crimes as suffering for perpetrators of crimes prisoners; 2) The psychological impact of
should be seen as ultimum remidium or a last officers who should have been educating instead
resort should be used to improve human behavior became service providers; 3) Triggering bribes
[9]. Perpetrators of crime must be held between inmates and officers to get better
accountable for the mistakes they have done [10]. services; 4) For prisoners who can not afford this
The results to be achieved in punishment are a burden because they are always involved in the
returning prisoners to the community system as practice of financing prison facilities and become
good citizens and protecting the community from an arena for extortion; 5) The process of
repetition of criminal acts [11]. formation and correctional goals become a
Criminological and penological knowledge forgotten thing.
production is bound up with the power to punish In this study the authors identify the various
and the “practices deployed by the state to direct implications of the overcrowding problem
discipline individuals and govern populations” as a situation of dehumanization that is both
[12]. Sentencing is the forum in which the worrying and inhibits and even thwarts the
community acts in its most coercive manner guidance process and criminal purpose because it
against its citizens. The United States inflicts is factually revealed that the coaching process in
more deliberate institutionalized punishment on prisons does not work well because there are too
its people than any other country in the world, many inmates. Direct training programs cover
and by a large margin [13]. In the late eighteenth work, skills, personality development, and poor
century, advocates began employing legal, moral, medical and social rehabilitation. For example, in
and efficiency-based arguments to challenge the process of social guidance ideally 1: 5 but the
debtors' prisons in England [14]. facts show 1: 43. For coaching officers ideally 1:
The existence of correctional facilities is still 20 in fact 1: 37 [5]. The imbalance between the
concerning because there are many penitentiary number of officers and the number of prisoners
buildings which are inadequate old buildings, clearly will not produce an ideal quality of
inadequate room layout, "MCK" facilities, lack coaching, because the success of the coaching
of food provided, the number of supervisors, and process is quite dependent on the readiness of
the comparison of the number of prisoners being officers both in quality and quantity, supported
coached. Until now, there has been no by the availability of supporting facilities for
standardization of the condition of correctional activities.
institutions that are considered adequate and meet Second, overcrowding conditions cause health
the prerequisites to support the achievement of problems. In 2019, several identified diseases
correctional goals. were caused by the limited space for prisoners in
Crowding or density is a psychological state cells. According to the Directorate of Health Care
that occurs when the demand for space exceeds and Rehabilitation of Prisons and Remand
the available supply. Someone who does not Centers throughout Indonesia, many prisoners
spend too much time in high population density contract hepatitis, tuberculosis, HIV, problems
can weaken mentally and physically in health, with heart and blood vessels, cancer, and
task performance, child development, and social digestive issues. Yet, tuberculosis, respiratory,
interaction [15], [24]. Individuals in some digestive, cardiac, neurological diseases are the
5

main causes of death in prisoners and detainees conditions are overcrowding, the expenditure will
[5]. Cases of death due to respiratory and be inconsistent with the expected results.
digestive problems have become commonplace in Fifth, an excess of occupants results in a large
prison, so that prisoners who have weak physical number of prisoners and detainees having to be
conditions will be susceptible to disease and even transferred, because overcrowded conditions
threatened with death. The overcrowding make it impossible to carry out a coaching
condition has made prison a place to pick up program. This policy is positive, but it causes
death and be away from human values. losses to outsiders, especially families. This
Third, the high number of riots in various problem limits the interaction and
prisons occur due to large friction that exists communication of fostered citizens with their
between inmates and the struggle for food, beds, families and relatives. Families who want to visit
bathrooms, and many other things. The must ultimately pay more because they have to
overpopulation of prisons in Indonesia has a travel long distances to visit their families. This
direct impact on the practice of commodification practice then unfairly punishes the family of the
of prisons. In addition, there is the problem with occupants, due to the large number of prison and
the corrupt nature of the elements who seek remand center residents.
profit. Overcrowding clearly results in the
inadequacy of proper services and facilities for B. Management and System Improvement
fostered residents. Overcrowding also causes the Efforts to Overcome Overcrowding in
minimum service standards for prisons to Penitentiary Systems in Indonesia
decrease at increasingly alarming levels. Basic The main objective of the penitentiary is to
services in the form of drinking water, food, provide guidance for correctional prisoners based
communication, sleeping space, including health on the system, institutions, and ways of coaching
will receive a direct impact. The state has had as the final part of the criminal justice system. In
difficulty in financing prison spending to meet the penitentiary, various training programs are
this minimum standard. This situation encourages prepared for prisoners according to their level of
fostered residents to look for alternatives in education, gender, religion, and criminal act
supporting the minimum standard of living in committed. As the final agent in the process of
prison. This situation finally encourages life guiding prisoners toward better futures,
support from outside parties, namely the families correctional institutions must seriously consider
of the assisted residents. The problem is, this the rights and interests of incarcerated
family support will surely depend on the populations. We must admit that the role of
economic conditions of each, there are rich and correctional institutions in the fostering of
many poor. This has made the provision of prisoners is strategic and dominant, especially in
certain facilities a fertile commodity for corrupt regard to the restoration of prisoners to civilian
prison officers. Prisoners who are classified as life and providing guidance in the fields of
having stronger financial capabilities will bribe spirituality and hard skills (such as carpentry,
officers to get more adequate facilities and even sewing, and so on) [16].
tend to be luxurious. Reorientation and re-evaluation of criminal
Fourth, the problem that is often missed is the matters—especially through legislation—is a
issue of the amount of costs that must be incurred necessary outcome in connection with
by the state to finance inmates in prisons. It community development and increased crime in
should be noted that fostered citizens who are in Indonesia and internationally [17]. In its
prison are the responsibility of the state, so that development, the concept of restorative justice
all types of funding from food to medicine must emerged as a form of settlement for both criminal
be borne by the state. The greater the number of and civil cases that involves all parties [18].
occupants, the greater the cost borne by the state. Prison is seen as a punishment that can be
In the past three years, the costs of providing detrimental to the offender. Imprisonment is
food to prisoners have continued to increase. In associated with the deterioration of a prisoner's
2017, these resources were valued at Rp. financial situation. Prisoners who were employed
1,088,350,649; in 2018, this number increased to before being detained often miss out on income
1,642,469,705,000; and in 2019, the cost reached during their imprisonment and run the risk of
1,792,071,850,000. In the case of remand centers, losing their jobs [19].
the state must pay Rp. 23,000 per day, excluding Re-examining correctional facilities as
the cost of care and treatment for sick residents punishment in the present context, as well as
As a result, the costs borne by the state to foster examining the institutional problems associated
prisoners are quite large; however, if the with them, suggests that the government must
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consider revising the approach to correctional First, it must be honestly acknowledged that
facilities. The concept of correctional facilities is the Indonesian judiciary has produced many
essentially a concept of resocialization: convicts who eventually enter prison. Public
"correctional" refers to the process of perception considers the success of the criminal
rehabilitating prisoners so that they can become justice system as measured by how many people
good and useful citizens via healthy reentry into can be punished, even though the success of the
the community. The theory of resocialization as a justice system is actually measured by the
goal of punishment is basically a concept breadth of the judicial process. The intensity of
asserting that punishment by means of the judicial process, for example, can influence
socialization can basically destroy the offender the public not to commit a crime and, thus, deter
(punishment should help the delinquent potential perpetrators from becoming criminals.
overcome his social mal-adjustment) [20]. As such, providing sanctions offers objectives for
Improving the management of correctional general prevention and special prevention.
systems requires an extraordinary determination Punishing the perpetrators of crime is not the
to change and update future correctional only solution to resolve the overall problem of
institutions. The current condition of correctional crime; punishing as many people as possible
institutions reflects the impact of government actually adds to the problem because the prison is
policies that neglect these institutions. An no longer able to accommodate the convicted
institution that functions as the final phase in the person. At present, there is a shift in perspective
criminal justice system, the correctional facility is occurring on how to deal with social problems
lacking necessary attention, thus resulting in from the initial use of civil or administrative legal
incomplete and inadequate regulation of instruments to criminal legal instruments.
correctional institutions. The minimum standard Criminal law is no longer treated as the last resort
rules for the treatment of prisoners require that or ultimum remedium in tackling crime but as
the needs of prisoners should be met by the premum remedium [22]. The majority of
government in order to support the ongoing decisions made by a judge takes the form of a
coaching process. Policies that can support these prison sentence and a fine, although the decision
conditions include management of prisoners' is often lighter than the charges in the indictment
guidance systems, funding issues for the filed by the public prosecutor [23]. The
availability of facilities, their infrastructure, and penitentiary is situated at the end of the criminal
staff welfare [21]. justice system. In order to solve the
It is important to realize that the unsavory overcrowding problem, it must be addressed from
conditions in correctional institutions are not only its head. As soon as possible, the sub-judicial
caused by incomplete policies. Human resource system of the police, prosecutors and courts
departments are not always able to translate an should reform to use criminal sanctions as a last
institution's objectives, but officials must resort (ultimum remidium) and instead use
nevertheless fulfill their respective roles in alternative criminal settlement solutions such as
supporting the achievement of coaching goals. mediation with the idea of restorative justice. In
On various occasions, the process of coaching this way, the number of convicts entering prison
and training prison staff has been successful, but can be reduced. Judges need to consider the
the problem within the institution remains; impact of a person being convicted of a criminal
therefore, the responsibility of officers is not offense and other problems imposed on a penal
simply understanding a situation, as the problems institution when carrying out a sentence. That
that occur in prisons are not simply limited to does not mean that a person found guilty of
improving welfare and knowledge. Thus, a committing a crime must be acquitted, but law
positive attitude and common sense become enforcement can use other alternatives to hold
integral to the efficacy of achieving goals. Prison them legally liable. Legal responsibility is not
officers serve as a clear example for how solely imprisonment.
prisoners should act, and it is impossible for the Second, the policy that needs reform is the
coaching process to be achieved if what is one that governs decisions of when to add
reflected by prison personnel counteracts those buildings or build a number of detention and
goals. prison technical implementing units in all regions
Based on the description of various problems of Indonesia. It is noteworthy that increasing the
in correctional institutions, several efforts can be number of remand centers or prisons to overcome
made to overcome the overcrowding of overcrowding will not succeed if it is not
correctional institutions, namely: preceded by the necessary steps discussed above.
The policy to increase the number of prisons or
7

remand centers is carried out proportionally, prison staff; the coaching process will not be
measured and in stages according to the achieved if there is still corrupt behavior of
budgetary capabilities of the Ministry of Law and prison staff. The improvement of the quality of
Human Rights. Building new prisons or remand correctional officers can be achieved by
centers should start with areas where inventory conducting security system training, community
efforts show prisons or remand centers always guidance, coaching and improving
experience high levels of overcapacity. Building administration. If mental health problems and
new prisons or remand centers or increasing the problems with facilities are resolved,
number of buildings is considered as the main improvement of management and the system will
solution to reduce the gap between the number of be easy to implement – for example, with the
prisoners and building availability. To achieve adequacy of existing facilities, officers can
this goal, appropriate construction of new separate prisoners into those of recidivist status
buildings must be equipped with various facilities and non-recidivist status, segregation based on
that can accommodate the basic rights of qualifications of severe and minor penalties,
prisoners such as the availability of clean water, types of criminal offenses, age of prisoners and
bathrooms, places of worship, workshops, arts, gender. Likewise, the process of coaching
plantations and other facilities as needed. The officers can classify the interests of prisoners'
availability of facilities aims to meet the basic talents and direct them to do work that supports
needs of prisoners and avoid riots due to fighting efforts to increase production. At present, of the
over clean water, beds, and food. In terms of 522 technical implementer units spread
health facilities, these can create a healthy throughout Indonesia, only 11 are able to produce
environment and reduce the incidence of disease, handicraft products, which are exported to
which has been the main cause of death for various countries such as France, Germany, the
convicted persons. The construction of the Netherlands, Japan, Malaysia, the United States,
building along with its facilities can avoid Dubai, China and South Korea; the rest have not
disruption to prisoners and detainees so that been able to produce competitive products
access to communication with their families can because the management and correctional system
continue as normal, and, most importantly, the has not been supported by the various facilities
addition of facilities can support the needed [5].
implementation of the coaching process so that Fourth, improvement of staff welfare is
the goal of punishment is no longer a forgotten needed. Welfare problems often cause prison
thing. officers to engage in bribery practices so that the
Third, improvement of management and the correctional staff benefit policy needs to be
correctional system towards an ideal system is a redone to increase staff allowances in the hope of
must by fixing various deficiencies such as closing the offer and temptation of bribery, but if
security systems, social guidance, general there is an increase in welfare that does not
guidance, administration and healthcare. influence the strengthening of integrity,
Improving management and the system starts punishment must be applied. Thus, in the process
from the adequacy of the number of personnel of improving management and correctional
assigned to certain units – if it is fulfilled then systems, the principle of reward and punishment
each prison or remand center must improve the must be applied. For officers with good
quality of understanding of each officer on the achievements in the field of security, social
purpose of the penal system. So far, prison counselors and coaching are appreciated. On the
officers only know about the purpose of other hand, officers involved in violating the law
correctional facilities, but they do not fully must receive punishment.
understand their duties and responsibilities so
they are unable to set a good example for IV. CONCLUSION
prisoners. For example, in 2018, the findings of The problem of overcrowding in correctional
the investigation team of the Ministry of Justice institutions has a number of implications. First,
and Human Rights found that prisoners of work, skills, medical and social rehabilitation
corruption cases got luxury facilities in programs are not going well because there is a
Sukamiskin prison, were distributing narcotics gap between the number of prisoners and prison
and in possession of sharp weapons; this staff. Second, the conditions of overcrowding
condition occurred because there was a practice cause tuberculosis, HIV, respiratory and digestive
of bribery between prisoners and prison officers. diseases. These diseases thrive in prison and can
Trading for luxury facilities in prison has become even result in death of prisoners and detainees, in
a normal phenomenon and always involves which case that prison or remand center is no
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trigger riots because the rights of prisoners are Justice, 21(4), pp. 350-363.
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(2009) Caregiving behind bars: correctional
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it was valued at $1,088,350,649,000 in 2018, it prisoners: Ethnogeriatrics and special
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