International institutions
United States
America has had prison libraries since 1790.[18] The first state prison library was established in 1802.[18] At the beginning of the 19th century prisons were usually operated by the clergy.[1] The purpose of the library was to increase religious devotion and modify behaviour. In many prisons during this time period the library collection consisted only of the Bible and sometimes prayer books.[19] According to Lehmann (2011), "The main purpose of reading was believed to be strengthening of character, religious devotion, and what we today would call behavior modification. By the mid-nineteenth century, penology (the study, theory, and practice of prison management and criminal rehabilitation) had become more scientific, and criminologists claimed that they knew the reasons for criminal behavior and, consequently, how to reform criminals."[1]
In 1870, during the Progressive Period and Prison Reform Movement, the Prison Congress began calling for rehabilitation of convicts instead of retribution, and education and rewards for good behaviour.[18] The library was seen as an incentive and only contained items which furthered the reformative goals of the prison.[1] The first manual for prison libraries was published by the American Library Association in 1915.[18]
During the Great Depression prison libraries were expanded.[18] With a decline in industrial demands prisoners became idle and restless and libraries were seen as a way to occupy them. In 1930, a manual for prison libraries was published by the American Correctional Association. The library was believed to be wholesome recreation, which also supported education and mental health, and there was great growth in federal prison libraries for the next four decades.[1]
State correctional facilities began to see growth in prison libraries in the 1970s when the Library Services and Construction Act was authorized by Congress. In 1974, two Massachusetts cases – Wolf v. McDonnell and Stone v. Boone – mandated that prisons provide on-site libraries, which paved the way for Bounds v. Smith, 430 U.S. 817 (1977).[20] Bounds v. Smith ruled that prisons were required to provide access to people trained in law or law library collections in order to meet the constitutional requirement of meaningful access to the courts. In 1996, Lewis v. Casey, 518 U.S. 343 (1996), limited the requirement placed on correctional facilities. Following Lewis many libraries reduced their collections.[1]
Lewis v. Casey ruled that prisoners do not have an absolute right to a law library. Rather an inmate must show that he was unable to pursue a legal claim because of the inadequacy of the law library.[21] In other words, lack of an adequate law library caused the inmate actual injury. The ruling in Lewis makes it much more difficult to seek improvement to a prison's law library. As one court pointed out, the ability to litigate a claim of denial of access demonstrates that the inmate has no denial of access.[22] However, some believe that Lewis is not as devastating as it appears to be and Bounds v. Smith still remains good law.[citation needed] Post-9/11, prison library budgets were slashed.[23]
As of 2013 the Guantanamo Bay detention camp in Cuba has a library of some 18,000 books.[24] According to the Bureau of Justice Statistics, there were 1,505,400 Federal and State Prisoners in the United States.[25] The United States incarcerates more people than any other nation in the world.[26]
Librarians seeking to bring attention to books and voices that have been in the margins—living in poverty, on the streets, in custody—and that addresses the disproportionality of injustices experienced by BIPOC youth, honor these books with the annual "In the Margins Award."[27]
Canada
The first prison library in Canada was formed in the 19th century.[28] In the 1980s, the Correctional Service of Canada commissioned two reports on institutional libraries throughout Canada, the analysis of which defined the role of prison libraries and made recommendations to support these roles.[29] However, many of the challenges identified in these reports still exist, but many improvements were made until drastic budget and staffing cutbacks were made in 1994.[30] While prison libraries are required to support all correctional programs, including education and access to legal and non-legal materials, they have not been spared budget cuts and are struggling to maintain existing programs.[30] Often funds are spent on materials rather than staff.[30]
However, progress has been made on publishing standards, and most institutional libraries have a procedures manual.[31] In addition, they have been able to establish a Regional Multi-Lingual Collection and a Regional Aboriginal Collection, in response to the diversity of people within the prison system.[32] Finally, some progress has been made in getting library staff back and all new hires are required to be certified library technicians.[30]
China, People's Republic of
In prisons dedicated towards common (non-political) prisoners, the right to access reading material is guaranteed, conditional upon good behaviour, including satisfactory performance in duties assigned.[33] During the Cultural Revolution, however, camps operated by the reform through labour program were not guaranteed reading materials beyond the works of Mao Zedong.[33]
England and Wales
Prisons are required by statute to have a library and permit all prisoners to access the library.[34] Unlike most countries, prison libraries in England and Wales are required to staff a professional librarian and there are minimum staffing requirements.[35] The vision of the prison libraries is to provide services similar to those of public libraries.[36] CILIP's Prison Library Group actively supports prison libraries in England and Wales through promotion, policy, advice, continuing education, networking, advocacy, mentoring, publishing, and involvement.[36] Between 2005 and 2008 prison libraries' funding almost doubled.[37] Prison libraries must meet required standards and are subject to inspection.[38]
France
France has had prison libraries since the mid-19th century.[39] They were established primarily through prison funds or donations made by prisoners.[40] Today, prison libraries are mandated by France's Criminal Procedure Code.[41] However, according to Cramard, these libraries vary in size, location, inmate access time, etc. In addition, while all prisons are required to have a library there is no requirement for them to have a librarian and many have partnered with local public libraries to meet their needs.[42]
"In order to introduce a larger audience to the institution libraries, the SPIP quickly took the initiative to develop a series of projects around books, literature, and writing."[43] Projects include regularly scheduled workshops, such as writing skills classes, reading groups, reading workshops, and storytelling workshops, and one-time events, such as meetings with writers and illustrators and writing workshops.[44] However, prison libraries are still a work-in-progress and the Prison Administration has declared that in 2008–2010 transforming prison libraries would be a priority.[45]
Germany
Prison libraries have existed in Germany since the 19th century and were run by the clergy.[46] The libraries contained religious materials from various denominations, which inmates were encouraged to read and discuss.[46] In the 20th century prison libraries were run by teachers.[46] It was not until professional librarians began operating inside prison libraries that they began to really develop;[46] however, not all German prison libraries employ a professional librarian.[46] The purpose of the prison library is to provide recreation, support education, and help with the personal development of inmates.[46] Every inmate has the right to access a library and most prisons have a library.[47] However, the law makes no specifics about the organization or contents of the library.[47] And, economic troubles and the closing of the German Library Institute and Commission for Special User Groups have made it difficult for libraries to provide adequate services and the social responsibility of libraries is rarely discussed.[48] But, Münster Correctional Facility Library's winning of the German Library Award has drawn attention to prison libraries and inspired many to be advocates for library services to those with special needs.[49]
Italy
Prison libraries in Italy have been around since the beginning of the 20th century and were funded by donations.[50] However, it was not until the 1970s, when Italy enacted a law to reform its prisons, did every prison become required to have a library.[51] However, little in the law has changed since then, and libraries are operated by educators rather than professional librarians.[51] There is quite a disparity between prison libraries in Italy, with some being very adequate and beautiful while others are barely operational, and still some prisons have no library at all.[52]
The prison administration is responsible for the operation of prison libraries, services are provided by the government or volunteer groups, and professional aspects are monitored by the university and the Italian Library Association.[53] A new interest by the central prison administration will hopefully lead to positive changes in the prison library system.[54] However, according to Costanzo & Montecchi, Italy's prison libraries are still in need of a central organization for direction, monitoring, and standards.
Japan
Japan prisons do not have librarians or a designated library space.[55] Some reading materials are provided, but they are spread throughout the prison.[56] There is essentially no control over these materials, there are no partnerships with public libraries, and Japanese inmates prefer to obtain their reading materials through purchase or from friends and family.[56]
Japanese law mandates that inmates have access to reading materials and there is much regulation as to what reading materials inmates may possess and inspection procedures.[57] However, the only mention of a "prison library" is a provision requiring that the warden make reading materials available.[58] There are also policies and procedures regulating these materials.[58] Education staff, not librarians, manage these collections.[59]
Poland
In 1989, Poland reformed its prison system from punitive to rehabilitative, which allowed for the development of prison libraries.[60] The goals of the prison libraries are related to the rehabilitation of inmates and, as such, collections are focused on materials that provide support for rehabilitative activities.[61] The extent of a library collection reflects how strongly the prison administration believes in reading's influence on rehabilitation, but actual titles are chosen by library staff.[62] The libraries are usually operated by education staff, not librarians.[63] While there are problems with Poland's prison libraries, such as limited space, cataloguing issues, and limited hours of access, there are dedicated employees within the system that value the role education and books play in rehabilitation and are helping to provide inmates with options for leisure activities and social development.[64]
Spain
In the late 19th century the first schools, and libraries to support those schools, were opened in prisons in Spain.[65] The current structure of prison libraries in Spain was developed in the 1970s, and Spanish law requires that all correctional institutions have a library.[66] In 1999, libraries were removed from the education department and placed under the cultural department.[67] There is national support for prison libraries and many have seen growth in their collections, training for staff, and the collection of statistics.[67] However, there is still much room for improvement. Prison libraries are still in need of professional library staff, full separation from the education department so more library focused services, such as reference, are provided, and more cooperation and networking between libraries.[68]
