VOLUM.E 6, iSSUE 2 ISSN# I091-8094 MARCH-APRIL 2000 MURDER CHARGED, BUT CONVICTION IN DOUBT It was Feb. 2, and the breaking sealed indictments issued by a 20 fears for her own life in the rural region evening news at 5 o'clock was thai two member grand jury Ihnt had been con around FSP Ihllt is dominared by the Florida SI3te Prison (FSP) guards had vened in Gainesville on September 29, prison industry. been arrested and charged in the beal and thatlllld heard over three months of "Please don't put my name in the ing death of FSP prisoner Frank Valdes wilness testimony concerning Valdes paper," the woman said, almost in last July 17, and more arrests were ex death. The grand jury had heard from tears. "It could put my life in danger. pected. olher guards, prison administrators, a I've already been harassed. They know By the 7 o'clock news another former prison nurse who treated Val where I live." guard had been arrested, and by 11 des, and expen forensic investigators Two men had also been subpoe o'clock that nighl Ihe tally of arrests from Ihe FDLE. naed to appear before the grand jul)' on "'3.S al fOUf. While FSP is located in another Jan. 5th. They showed up at the coun The four Florida Depanment of county. the grand jury was convened in house with anomeys, talked with stale Corrections guards, all veteran and Gainesville, about 35 miles awa) , after prosecutors, bUI left without being ranking officers, were Capt. TimOlhy Stale Attorney Rod Smilh convinced called to testify. Neither the state attor Thornton, 34, Sgts. Jason P. Griffis and Circuit Judge Roben Cales Ihal the ney nor the men's altomeys would re Charles Brown, both 26, and Sgt. Ro move was necessary. Smith argued that lease the two men's names. It is felt by ben W. Sauls, 37. All fOUf were it would be hard to seat an impnnial some, however, thtH the two were charged with a single count of sec jury in Bradford Co. where many ofthe among lhe nine guards suspended fol ond-degrec murder. people arc on the prison payroll or re lowing Valdes' death. Some feel this The guards were arrested over a lated 10 a prison employee. may have been a turning pain! in what live-hour period by Florida Depan· Originally, the grand jury was to FDLE invesligators had called a watl of ment of Law Enforcement agents and meet only until Jan. 10, but that silence that was credited with holding booked into the Bradford County jail changed on Jan. 5 when aUlhorities an up progress on this case. on a $100,000 bond. If convicted of the nounced the grand jury would be ex The other guards that had been charge, they each face a maximum sen tended for an indefinite period. Thai suspended pending the murder investi tence oflife in prison. was the same day Ihe grand JUI)' hl!ard gations are Sgt. Andrew W. Lewis. Of from a prison nurse. ficers Dewey Bed., Raymond C. Han Grand Jury Indicts Guards The nurse asked that her name be son, Donald H. Stanford, and Sgt. The arrests were the result of withheld by the media because she Montrez Lucas.
FROM THE EDITOR 3 PRISONS TIGHTEN THE HOLD ON MOllE 4 NEW TOIlACCO CESSATION POLICY ADOPTED 6 AROUND THE NATION 7 NOTABLE CASES 10 AIlUSE, LACK OF PRIVACY REPORTED IN FLA WOMENS PRISON 13 STATISTICAL REPORTS ON FLORIDA PRISONS 16 FLORIDA PRISON RESOURCES 24 Lucas is already facing charges of Smith may be the only person in Flor FLORJDA PRISON LEGAL aggravaled banery, battery on an in· ida who believes a fair lrial can be held in PERSPECTrVES male and using coercion to aller a reo Starke. pon from an indiclment issued by the Randall Berg. director of the Miami POBox 660-387 1llffie grand jury in November. Lucas is based Florida JUslice Inslitute, said, "the Chuluota, Florida 32766 accused of beming Valdes Ihe nighl entire prison industry is the leading indus· Pubhltllng DivlSIOl\ or no"'DA '.ISll,rlU Ur:.o...... 11l o.c;,.,,,,,..,\O!I, I~C. before he was killed and Ihen attempt· ny of thai area. It's going 10 substantially A SOI(c;XJ) Non Profil OrganiZllion ing [0 cover it up. 1·le was fired by the lnnuence the eventual oUlcome oflhe nial (407) S6H1200 FooC the day aner Thornton, Brown, no mailer how careful the judge and the Wtb hl1pllmtmbcts 801 comlrplplrplp.hunl • Sauls and Griffis were arrested for stale allorney might be." Some prisoner murder. advocales have questioned how hard .-.'LAO DlltECJ'ORS The leiter firing Lucas said that on Smith will prosecute this case, aner all, he TERESA BURNS June 15, a month before Valdes was is running for the state Senate position in BOB POSEY killed, Lucas told a group of guard reo the same area that is so economically de· DARR YL McGI.AMRY cruilS who he was training that it was pendent on Ihe prison industry. DAVID W. BAUER. E.sq all right to falsify excessive force reo Other legal expens say geuing a con FPLPSTAFF pons as long as the reports are verified viclion is going to be difficult in any loea· f>ubbh., TERESA BURNS by others. lion. The jury is going 10 sympathize with EdilO, BOB POSEY The indictment documents charg· Ihe guards. just like they do when a police Layout Editor JOlIN OAKS ing the four other guards with murder officer is accused of killing someone, says R"u,ch SHERRI JOHNSON wasn'l vel') long. Essentially, il said, Bruce Winick, law professor al the Un:· BRIAN MORRIS Admin. Aub. LISA FAULKNER the four "unlawfully and by an aCI im· versity of Millmi. TRACt ROSE minently dangerous to another, and "The jury is going 10 hate [Valdez]. evincing a deprnved mind regardless of Who was on dealh row any way," said FI'U' ADVISOItV 1I0AlUJ humltn life ... but withoul intcllI to David Rothman, president·elect of the Fla. WILLIAM VAN POYCt.: kill ... did kill and murder Valdes by Assn. ofCriminal Defense Attorneys. PHIl.If' MGlEY - SHARON SIMMONS TERRY VAUGHN. MICIIAEL LAMORIX kicking and striking him with lheir feet What may happen is a repeat of a AU.N J conaN. JAMES QUJ
F.P.L.P. VOLUME 6, ISSUE 2 Page 3 issue of FPLP. Regular readers will na help fund this year's rally in Tallahassee. only for three quick showers a week and tice as they go through this issue that it As ofthe 1st ofMarch·about $700 in ex- three hours in an outdoor cage that, ex contains more graphs, charts and statisti tra donations had come in, which will cept for its razor wire roof, looks identi cal information than is normally ~ed help fmance a good rally. It's not too late cal to a dog kennel. Increasingly, this is in one issue. That is the result ofthe Flor- . to make an extra donation for those mem- the modem picture ofincarceration. ida Department of CorrectioJis (FDOC) bers who haven't recently. FPLAO is In Florida and in a majority ofstates, and the Florida Corrections Commission your organization; your help is needed to prison systems are turning to solitary (FCC) having released their annual re help the organization grow. And we have confinement and severe segregation to ports for 1999 later than usual, both were a lot to do this year. . manage their growing prison populations. received in January 2000. We have high The FDOC has also indicated in a With lawmakers mandating longer Sen lighted in this issue some ofthe most in draft of new visiting procedures that all tences, prison administrators can no teresting and perhaps useful information visitors over II yrs. old may shortly be longer offer time off inmates' sentences from those reports. required to give the FDOC their S.S. as a good behavior incentive. Instead, The FCC's 1999 annual report was number or not be allowed to visit prison- control is often maintained by putting especially interesting this year. The Com ers. We will be strongly opposing that consistent troublemakers into cl>nfine mission performed detailed examinations requirement if the FDOC moves to adopt ment for years at a time. of the following topics in its report: Eld it We are also very concerned that the . When Florida State Prison inmate erly Prisoners; Special Risk for Correc draft indicates that family visiting privi- Ffank Valdes died after an altercation tional Probation Officers; Recreation! leges and the restriction on same my be with guards in July, the spotlight hit Flor Wellness Items as Population Manage used to punish prisoners for behavior un- ida's most notorious confinement" unit ment Tools; Inmate Abuse of the Griev related to visiting. We will be fighting X Wing, where Valdes resided. But X ance Procedure; Female Offenders; that also if an attempt is made to adopt Wing is only part of II trend in confine Youthful Offender Program; FDOC Dis same, We will keep members informed ment in Florida. tance Learning Program; Funding for on this new anti-family move by the The number of inmates on "close Education Vocational Programs; Impedi FDOC. management" - Flori~a's term for near ments to Post-Release Employment; and, That's it for this issue. Remember to -perpenial lockdown - has more than tri Prison Industry Enhancement (PIE) Pro pass your copy of FPLP around to others pled in the past four years, from 1.009 in gram. The FCC's report is 374 pages of and encourage them to get involved by mid-1995 to 3,176 in mid-I 999. . discussion, statistics, and ,recommenda becoming a, member. Prisoners, encour-. Corrections officials say the result tions. age your people to attend the rally in Tal- has been safer prisons for staff members While we cannot possibly cover all lahassee April 12. -Bob Posey. and most inmates, and they expect to see the material in those reports, we believe the numbers continue to increase gradu they are important information sources to PRISONS TIGHTEN THE ally. those who wish to know what is occur HOLD ON MORE But the trend remains controversial ring in the FDOC and in what direction it by Adam C. Smith among both civil libertarians and correc may be going in the future. Both ofthose tions officials, including those in Florida. Inte~et reports are available on the where "The system here is rigid, strict and Experts worry about states embracing they can be down loaded and printed. The hopeless solitary confinement," Charles this budding new correctional standard FDOC 1998-99 annual report is at: Dickens observed in 1842 after visiting a with little solid research into its long http://www.dc.state.fl.us/pub/. The FCC's' Philadelphia prison. "(The prisoner) is a term effectiveness. They worry about the 1999 annual report is at: http://www.fcc. man buried alive...dead to everything but toll confinement takes on inmates who in state.fl.us/reports. Annual reports from torturing anxieties and horrible despair." . most cases will wind up back in society. past years can also be found at those sites. Now flash to the end of the millen One or-them is Frank Lowry, a 29 Recently the staff has received some nium in E-dorm at Hardee Correctional year-old inmate at Santa Rosa Correc letters questioning the lateness ofthe last Institution in Bowling Green, Fla. In cell tional Institution who has about two couple of issues of FPLP. As more pra 2111, a thin, graying man pegged as a years left of his 12-sentence for at jecls have been taken on the staff has had chronic troublemaker sits expressionless tempted murder. Lowry, who since 1995 less time to' get the newsletter out The in the room where he spends 23 hours a has spent all but 21 days alone in a last few months have been more hectic day with almost no human contact. roughly 60-square-foot cell, is one of 13 than usual with all the attention being fo "You a psychiatrist? Only a machine .Florida inmates the St. Petersburg Times cused on' the FDOC. Many issues have can analyze me," inmate Robert Walden contacted by 'mail about close manage come up that had to be addressed by the shouts after spotting a visitor peering ment conditions. staff. And the staffhas had to devote time throuih his narrow window to the outside "Your mind turns in on itself. You to preparations for the April 12th rally in world. "Only a machine can analyze a literally talk to yourself, and the frustra Tallahassee. Once past that, every effort human being!" tion makes you punch the door and will be made to get the newsletter back on Walden, a 53-year-old murderer, has walls," wrote Lowry, a plaintiff in 'a its timetable. Please be patient spent 13 months in this 6o-square-foot pending federal class-action suit cba Much thanks goes out to those mem room of concrete and steel. He leaves it Ienging Florida's confinement practices. bers who responded with contributions t.o "I've seen guys slice their wrist, their F.P.L.P. VOLUME 6, ISSUE 2 Page 4 arms and their necks. I've seen guys bite ing but an improvement for inmates such they bide their time plotting revenge. chunks out of their arms trying to sever as him in the general population. "Nobody can understand what the real the main veins. I know guys who would "Moving some of these people into close meaning of hatred is unless he has been swallow bed springs, \9oth brushes, strips management makes things a lot calmer, there," said Lawrence Sargent, who has of Coke cans, nails, razor blades. pens, more in control," said Ables, a murderer been on close management for about a year pencils - anything that will puncture their who has spent 26 years in Florida's prison at Martin Correctional Institution. insides just to get away from the CM system. Conditions vary from prison to prison, cells." Chase Riveland, a former corrections but typically close management inmales Pendulum s..... ings back secretary for Washington state who has live in cells of63 square feet. They include America's prison systems have been studied extreme segregntion facilities a bed, a steel toilet and sink, lind a metal down this road before. Extended confine across the country, said he has found little footlocker bolted to the ground. Windows ment was standard practice for convicts besides anecdotal evidence of their effec to the outside are often covered by fiber in the 19th century, until authorities be tiveness. glass panels that allow light but no views. gan seeing increasing evidence that it "Many jurisdictions are rushing into There are no televisions or radios, so in caused severe psychological damage. this trend without the knowledge of mates unable to read are left only wilh The U.S. Supreme Court sounded an whether it actually cremes safer institu their thoughts. alarm in 1890, noting that in extended tions and \yithout the knowledge of what The state has three levels of close confinemenl, "a considerable number of it does to people being locked down 23 management, and a stated policy of assign inmates fell, after even a short confine hours a day, seven days a week in very ing inmates to the least restrictive level ment, into a semi-fatuous condilion from austere conditions," Riveland said, noting appropriate. The tightest level puts inmates which it was next to impossible to arouse that segregated units are also much more alone in a cell for up to 37 months, though them, and olhers became violently insane; expensive to operate and build. inmates unable to remain infraction-free others still committed suicide; while Craig Haney, a psychology professor frequently wind up there longer. Florida those who stood the ordeal better were at the University of California at Santa inmates have remained in confinement for not generally reformed, and in most cases Cmz who specializes in the psychological as long as 12 years. did not recover sufficient mental activity effects of incarceration, has studied hun In prisons where talking is allowed, to be of any subsequent service 10 the dreds of inmates on extended segregation. close management convicts report the community." Dcpending on Ihe person and the duration noise level as constant pandemonium Long-term confinement fell out of fa of confinement, inmates fall into deep screaming, arguments, people threatening vor for much of the 20th century, and by depression, lose their ability to interact to kill each other. Where a no-talking rule the 1960. an emphasis on rehabilitation with others or lose all control. "There's a is strictly enforced, they say they typically began shuttering prisons where the "worst very tiny percentage of people with psy hear only the sounds of unstable men talk ofthe worst" were concentrated. chological problems when they enter this ing to themselves or banging on \Valls, or Now the pendulum is swinging back. environment who do not become immedi homosexual activity if the wing has t\Vo Over the past decade, in response to po ately worsened," Haney said. "Even when man cells. litical support for tougher prisons, to they have not manifested any of the ex A "solitary Rubik's cube" is how con stiffer sentencing and to the perception treme things, they become pathologically victed armed robber Antonio Ward e,"C that inmates are more volatile than ever, dependent, because they've basically plains his life on close managemen! at prison systems are opting to maintain or been in suspended animation. .When Baker Correctional. "This is tmly psycho der by removing the most difficult in they gct out of there, it becomes ex logical warfare, and I'm bauling every day mates. Whether called "supermax" pris tremely difficult to gel back into the nor to keep my mind nonnal and my behavior ons, "control unit" prisons or close man mal relations of their life. That happens reasonable." agement, extended confinement facilities even to the healthiest people who spend Inmates on the strictest level of close are in usc or being developed by at least time in the environment." management - serious assaulters, shank 35 states. makers, escapists and the like - are allowed "We certainly don't have any big de Temperatures soar to check out one book a week, to subscribe sire to lock inmates down and keep them Florida inmates and their advocates to a newspaper, and after 90 discipline-free locked down....(But) when you're able to describe close managemenl as nothing days, to be escorted in handcuffs and isolate these inmlltes from the general short ofhell. shackles for a non-contact visit with family population, tben you arc able to have a They allege frequent mental or members. much more open situation for the rest of physical abuse by guards. They tell of The lesser levels of close management the inmates in the system. They're not summer tcmperatures reaching above 100 are two-person cells, where inmates who having to worry about assault or watching degrees, surrounded by the stench of fe stay in line are supposed to remain either their backs," said Stan Czcrniak, Flor ces, urine, body odor and, periodically, up to 25 months or 13 months. On these ida's assistant secretary in charge of insti chemical agents used to force unmly in levels, discipline-free inmates are occa tutions. mates into compliance. They recount a sionally allowed outside their cells for At Hardee Correctional last week, 53 constant stmggle to keep their minds closely monitored work assignments. year-old James Ables said the growing clear, and amid perpetual boredom, a Only a handful of states have severe use of close management has been noth- never-ending build-up ofanger. Some say segregation units with shllIed cells, and the F.P.L.P. VOLUME 6, ISSUE 2 Page 5 praclicc raises n question. Which is story butterfly-shaped donnitories, is nOI appem ~I iiomc lllliUIUUonS \ F.P.L.P. VOLUME 6, ISSUE 2 Page 7 prisoners to file for worker compensation nllked on II table while gUllrds assaulted prison in that stale, OH had 46,480 pris and receive unemployment benefits when and burned him. "I feel really good," Smith oners in Feb. 2000 as opposed 10 over Ihey're released from prison. Under the slIid after spending the day in Rochester to 49,000 in 1998. The system is still over plan, private companies would contract witness the settlement proceedings. Smith crowded, the capacity for OH prisons is with Ihe stale Department of Corrections said he doesn't care much about how large 36,750. to employ prisoners in manufacturing. a share of the S8 million settlement he assembly and other jobs. wins. "Whatever it is, I'm satisfied with Pennsylvania - Pittsburgh dislrict Judge it," he said. "The main thing is, I don't Gigi Sullivan, 38, was indicted on OCIO Missouri - Aboul 2,100 prisoners who have to worry about me just having $4 mil ber 22, 1999 on charges that she shot her claimed they were abused while housed lion and no one else getting anything." oin, snorted cocaine and abused prescrip in Tesas jails will share a 2.2 million sel - Warith Habib Abdul WIIS freed in Sept. tion drugs in her chambers before hear tlemenl in a lawsuit sparked by video 1999 after serving 17 years on.a wrongful ing cases. She is also accused of dismiss tllpes of guards beating and kicking pris rape conviction. He was cleared by DNA ing charges against her supplier, Donald oner. The lawsuits were filed by prison tests and ordered released by a federal Geraci, in exchange for drugs. ers selll from Missouri to Texas from court. His lawyer cited improper police 1995 through 1997 under the Texas Cell tllctics that included prompting the victim Rhode Island - Former state prisoner Lease Program. The prisoners will re to identify Abdul months after the rape Allen Johnson won a $275,000 jury ceive damages based on the severity of when she was initially unable to do so. award on Oct. 7, 1999; he had sued the their injuries. - Prison officials in NY were worried in DOC and a prison guard for failing to Dec. when word got out of a planned and protect him from II 1994 attack that left Nebraska - Medical care for Nebraska organized strike by prisoners at several him disfigured. Johnson claimed Ihat the prisoners is riddled wilh indifference and prisons in protest of stiffer release guide guard had allowed prisoner Jeffrey Link inept staff and sweeping changes arc lines for parole. leaflets entitled "Wake to carry out the assault. needed, says a report from the Stllte Om Up," detailing grievances about the parole (COrlfln"tdOrlpa~ /J) budsman's Office. The 114-page report system, were being circulated at several was the culmination of an investigation prisons calling for a strike. Prison officials PRISON LEGAL NEWS that began more than a year ago after a reacled by punishing any prisoner caught "Perhaps the most detailed joumlll physician crilicized the response of cor with the leaflet, plllced Green Haven and describing Ihe de\'elopment of prison law is rections medical staff to a prisoner who Sing Sing prisons under lockdown, and Prison Legal Ncws." .- Marti l'liken, died. moved at least 85 prisoners from Green Director Prison l.aw Project of the Haven, which was believed to be a hub of Nlllion:1l Lawyers Guild. PLN is n 24 page. monthly magazine, New York - A federal judge in Rochester the protest. published sincc 1990. ediled by Washington helped close the final chapler on the na - Four Westchester County Jail guards stale prisoners Paul Wright and Dan Pens. tion's deadliest prison riot Tuesday, were charged with sexual abuse charges Each issue is packed with summllTits and January 4, 2000, awarding $8 million to Jan. 26. The charges against the four male anlllysis of recent court rulings dealing with 1,281 prisoners tortured during the Anica guards in the women's housing block in· prison rights, wrillcn from a prisoner cluded raping and sodomizing female pris perspectivc. Also included in each issue are uprising. The state also has agreed to pay news articles dealing with prison-related £4 million in legal fees to lay to rest the oners and forcing them to strip in exchange struggle and activism from the U.S. and 1971 prison siege that left 11 guards and for medication. The count announced a around the world. 32 prisoners dead and became a symbol plan to require only female guards in the Annual subscription rntes arc $1 S for of excessive government force. State po female prisoners' living qunrters. which prisoncrs. If you can', alford to send $15 at ljce launched an all-out assault on the the guard union said it would file suit to oncc, send III lcast $7.50 and we will pro-rute your subscription at 51.25 per issue. !'Iease maximum-securilY Anica Correctional block. send no less than $7.50 per dOmltion. New Facility near Buffalo on Sept. 13, 1971, (Unused) U.S. postagc stamps may be used llS the fifth day of the uprising, firing more Ohio - About half the Mahoning County payment. than 2.000 rounds of ammunition in six Jail prisoners arc expected 10 be freed be For non-incarcerated individuals. the minutes. But even after the riot was cause of security concerns caused by subscription rate is S2Slyr. Institutional quelled, prisoners described days of re planned layoff of 110 sheriff cmployees. subscriptions (for allOmtys. libraries, government agencies. non-governmenlal taliation when they were forced to nm Sheriff Randall Wellington is waiting for organi1Jltions. ctc.) arc S60!.yr. Sampte and crawl over broken glass. One pris U.S. District Judge Peter Economus to give copies are aVllilable for SI. Contllcl: oner was sodomized repeatedly with a him guidelines on whcn and how to start screw driver. Frank "Big Black" Smith, a freeing 240 ofthe jail's 470 prisoners. Prison Legal News Queens residelll who helped lead the re - The OH DOC dropped plans to build a PMB 148 volt and now works as a paralegal and new S82 million prison in Feb. because of 2400 N. W. 80th SI. Sealtle WA 981 17 mental health counselor, was forced to lie a drop in the number of people going to . F.P.L.P. VOLUME 6, ISSUE 2 Page 8 THOMAS E. SMOLKA ATTORNEY-AT-LAW 3126 W. CARY STREET, SIDTE 122 RICHMOND, VIRGINIA 23221-3SG4 TELEFRONE (104) 644-4468 E-MAIL [email protected] ANNOUNCEMENT Thomas E. Smolka is proud to announce the establishment afhis law practice in Richmond. His practice areas include: Criminal Defense Law, Appellate Criminal Law, Post-Conviction Relief, Major Civil Litigatio~ Inmate Administrative Law and Proceedings involving the Department ofCorrections, Probation and Parole, Executive Clemency. Interstate Compact and Institutional Transfers, Immigration Law and Detainer Actions. Additionally, Thomas E. Smolka and Associates located at 909 East Park Ayenue, Tallahassee. Florida 32301-2616. TeleMone- (85/21 222-61/2/2, Tel€(ax (85Q1222- 6484. will continlle toprovjde affill ranee q,(Consuhine Services to Inmates an Admjnistrative. Executive Clemenczy and Parole Related Matters. Subsequent to his 1975 graduation from America's oldest law school at the College of William & Mary, Thomas E. Smolka was admitted to the Virginia State Bar and became a member ofthe National Association ofCriminal Defense Lawyers. Tom's legal experience includes service as an Assistant City Attomey ofNorfo1k, Virginia followed by many years in private law practice. Most importantly, Tom Smolka's direct understanding ofthe Americanjudiciary came when he confronted the criminal justice system, won his direct appeal and was exonerated, See Smolka v. Stale. 662 So.2 (Fla, 5" DCA 1995), rev. denied, Slale v, Smolka, 668 So,2d 603 (pIa 1996). F,P.L.P, VOLUME 6, ISSUE 2 Page 9 CZ;~ NOTABLE CASES by Brian Morris and Oscar Hanson DOC Must Respond To thai the repon also recommends a nominal filing invalidily ofthc dcprivation of the prisoner's JOOd Prisoner's Grievances fcc for appcaJs 10 ocx: Cenlnl OlTice'?--ohj lime credit$. Huffmon I' Brar.o"t/f 25 Fla, L Weekly (0) 2776 (4th DCA, Dec. 15. 1999) First DCA ncvcrse.s All The Firsl District Court of Appcal has Dlurlet CourtlmprOpl'rly Applied granted a prisoner's petition for \\Til ofceniol1lIi, Order Dismissing An Swlon 944,28(1)(.) Providing For Forreiture \lhld! reqUires the DOC to respond to his rornlal Indigent Prisoner's Suit ofGain Time To Appnl of Denial of Hule 3.1150 llne'i~ees The Court followed Its precedenl estab The FUSI Dl51net Court of Appeal (DCA) The Florida Supreme Court atte:pled dlscretlOlllly hwd In Woul/a'li>' Buhop, 734 So 2d liS] (lSI It\crsed an order of lht Escambla Counl} ClIC\lU conniel Junscliet10n 10 rC'o'ie\lo ..1 Issue concernl", .. DCA 1999) bttausc: pchhooa'S allegallons ton COUl1I1ia1 had dismissed \lol\h preJudrcc an uKlrgcnl COUl1'S propa role In lhc: rmplcrncntallOn of 5Cd1Oll SllIlIlCd • [lICit SM" pnm.:l Ina of exhaustion or pnSOflCJ's lalOsurlaaall\$t a grottry store 944 28{2) and 944 279, Fl •. Slat (1999), -cll1mg 10 IldITURlMnU'"C rcmahes. the mal COUrt'S Ofdo' Alan COO}, an ilKh~1 pruoner, filed • tort the unposltlon of santllons on prlsontrs \lobo liIe summ:ml) den)lnll the peullon ""as qu:tShed. complarnt ~Jnst a gTOCcry store. The CircUli alUrt fn\'olous pleadrnp 1M pruonc:r in this ease alleged WI the dllmisscd the comphlJlltl.S fmlllous uncttt the au· The connict surfllCtd "hen the FilUr DCA's deciSion (ailed to l'C!pond [0 II leasl sc:,en of hlJ rxx: thonly of SttI10n 57.085, florida SWUICS (1997), m Hall \'. Slale. 69S So 2d 576 (Fla 5th DCA 1997). formsl grICVlIIlCl:S. TIlt' IXlC argued mal lhe Under this Sl:Ilule, ifa COUrt delelTlllnt:S an action to utilized S«lion 944.28(2Xa) 10 sanclion Hall for fihng prlsona falled 10 (oUo\>, gncvance proudures. be fri\'olous or maliciOUS, II may dismiss the aChon, a frimlous appeal of Ihe denial ofhis mOllon for post The Uial tour! dtnicd the ptlllion. The prisoner The DCA re\1:lStd Ihe circuli COUll'S ordel because convitlion relief The OCA determined Hall's appeal sought ctrtiornri In the disukl coun, "hich lhe record did nOI support the l!iol court's finding 10 be fnvolous and directed Ihe D F.P.L.P. VOLUME 6,ISSUE 2 Page 11 huve un issue similar 10 Slingbaum's. The role of the [FDOCl, nOlthe- coun,lO order the proved the Mercade Court's imposition of DCA nOled lhnt: forfeiture of gain time:' In that anicle, FPLP sanctions under the frivolous filings stalutes nlC revocalioll process is SCi in mOlioll also nOled lhul the Firsl DCA was quick to ad because lho5C SlIlletions were implemented in when 1'111 arrest warranl is iJSued See State v. vi5C the Stute that, although an order: forfeiting a case involving 11 "collateral criminal pro· Boyd. 7/7 So.2d SU: (Fla. 1998). Allhe lime Sauccr's gain time was not available, perjury ceeding:' That is, lhe suprcme coun found rr/el'alll 10 IS/ingbaum 's] case, a warranl wos charges were a possibilil}'. that post conviction molions and appe:lls from 1101 "issued" llmf/ it had been signed by Ihe Not surprisingly, the Stale, also known lIS denials of post conviction motions arc collat Judge alld de/il'ered 10 Ihe execu!il'e officer for II "Friend of the Coun," ullimately managed to eml criminal proceedings for purposes of uecutioll. See (d. This has shlce been changed convince lhc court to reverse itself. See Saucer sanctions authorized under lhe frivolous filing by llle legislature so Ihal a warrant is law v. Stllle, 23 FI.W 01972 (Fla. 1st DCA 8-17 stlliutes III issue here. [n olher words. the high "Issued" when il is Signed by thejl/dge. See § 98), withdrawn and superseded by Saucer coun found Ihal a coun may nOl use section 901.02(1), Fla. Srlll. (1999). The challge. lrow v. Stllte, 736 So.2d 10 (Fla. lSI DCA 944.28(2)(n). which contains no colllllemi <.'I·rr, is praspectil'l! only and has 110 effict on 1998). criminal prohibition, independently of section Ihe reSO/lIlion of [Slfngbarml's] case. See FPLP's Notable Cases promptly noled Ihe 944.279, which conlllins language prohibiling .lfeNeal I'. State, 741 So.ld /105 (Fla. /Sl First DCA's change in position lhrough lIll ani· its applicalion to collateral criminal proceed DCIl /999). cle entitled, "Slamming The Door on Pris ings. Like lhe First and Founh DCA's, lhe oner's Access to Court in Criminuland Collal The supreme coun quashed the Fifth Second DCA aIm found Ihat claims such as ernl Criminal Proceedings." FPLP Vol. 5, Iss. 2 DCA's decision entered in Hall, which had Slingbaum's may conslitulc grounds for relief lit p. I J. The IIrticle also noled IlIm, in his lone improperly applied seClion 944.28(2)(a), pro in II mOlion 10 correCI senlence pursuant to dissent. "Judge Webster found that sections viding for forfeiture ofgain lime, 10 the appeal Florida Rule of Criminal Procedure 3800, 944.279 and 944.28(2)(a), F.S., which Ihe ma of the denial of Hall's post conviction mo "prm'ided that the error is upparent on lhc face jorily relied upon 10 justif)' its gain-time for lions. As for the First DCA's decision to ofthe rccord and rc:quires no evidentiary hear feiture in a criminal proceeding, was 'enacled "order" FDOC 10 forfei! Joseph Saucer's gain ing...:' Ultimolely. citing lett v. Stall', 722 as paMS of chapter 96-106, LaM of Florida, time, the supreme eoun disapproved thaI deci So.2d 211 (Fla. 1st DCA 1998), and WilSOl1 v. .[nndl establishes Wilh relative clarity lhal its sion as well, at least to Ihe eXlent that it was Slate, 698 So.2d 1380 (Fla. 41h DCA 1997). intent WIIS to address only frivolous or malj· inconsistent wilh lhe decision entered here. lhe Second DCA held lhal. "where il Cllll De cious civil litiglltion by inmates." Id., quoling See: Half v. State, _So.2d-, 25 FLW S42 detennincd wilhoUI an evidentiary hearing thai Saucer, 736 So.2d at 14. Friend or foe, the (Fla. 1-20-00). li sentence has Deen imposed by a coun wilh SllIle nonetheless led the majorilY of lhe Saucer [Comment: In his concurring opinion, out jurisdiction, thllt sentence is illegal. what Coun astray. As noted in lhal anidc, the First Justice Wells noted Ihat "there nre abuses ever its length:' See: Slingboum I'. Stau, DCA's withdrew its inilial order denying the of frivolous filings in rupeclto post convic _So.2d -' 2S FLW 0103 (Flu. 2d DCA 12 Stale's requesl to forfeit Suucer's gain-time tion molions and pelilions in criminal cases 29-99). and substituted il with an order granting the which the Legislature rna)" have intended 10 forfeiture. See Saucer, 736 SO.2d at II. address," Id,. at 544, lind thai "II would be New Ughl on Florida's The decision entered in Saucer's case re· helpful for the Legislature 10 clarify this Frivolous Filing Statules surfaced when the Florida Supreme Coun re issue wilh an express slalutory stalemenl." vicwed the decision entered in "Haff 1'. Srate, Id. Rather Ihan involve the Legislature. I Just O\'cr II yellr ago, FPLP's NO\llble 698 So.2d 576 (Fla. 5th DCA 1997), based on personally would like to see prisoners in Cases presented an ar1:icle indirectly praising express and direct conflict wilh Mercade 1', volved in litigation working more with one the First DCA for denying the Stale'S fri\'Oo State, 698 SO.2d 1313 (Fla. 2d DCA 1997), another, pUlling Iheir huds logelher a.nd lous request for the coun to enter an order conceming II coun's proper role in lhe imple covering nil Ihe pros allli cons and, of forfeiling: Joseph SllUCC::r'S gain time pUrsuolll mentation of seclions 9401.28(2) and course, Ihoroughly familiarizing Ihemselves to s, 944.28(2). F.S. (1997). The ankle. enli 944.279 .... relaling 10 the imposilion of sanc with the apillicable case law decisions and lied "Frh'olous Pleading Tunnel Vision:' tions on prisoners -ho file frivolous plead procedural rules. It's onl)' reasonable to FPLP Vol. 4, Iss. 6 lit p. 10. noled lhal Slluccr ings." believe Ihat if collaleral relief is there 10 be had unsuccessfully petilioned the First DCA The Fifth DCA had utilized s. 944.28(2) had, and if ils really worth havinll, it should for a writ of habeas corpus "seeking a belated (a), F.S. (Supp.I996), 10 sanction Clarence Hall also be worth putting forth a meaningful appeal on the basis thlll he had. to no avail, for filing whm the coun delennined to be a effort 10 adequately and effectively voice requested his allomey to loke lin appelll." frivolous appeal from lhe trial coun's order such enlitlemenlto relieflO Ihe appropriate The DCI\ had appointed a special master summarily denying lwo of Hall's post convic courl. Frivolous filings have a negative ef .10 conducl a hellring with regard to lhe allega tion motions. The Fifth DCA "dirccled" roac fect on everyone-bml tions Saucer made in- his petilion for belaled to forfeil 1-IlIll 's gain time. IIPpenl. The appointcd specilll master deter In the conniel case, the Second DCA de mined that Suucer hlld entered a plell wilh the termined thaI Rafiol Mertade had also filed II Joseph R. Tmitt understllllding Ihm Ihere .....ould De no appeal. frivolous appeal from the order denying his Based on Ihc specilll master's rcpon, Ihe DCA post eonviclion motion, The confliel arose Paralegal Services dcnied Saucer's pelilion wilhout a wrillen when the Mercade Court found lhat it did not opinion. have lluthority to "direct" FDOC to forfeil gllin P. O. Box 834 The State subsequently moved for lIll lime, lhat il could onl)' "recommend" FDQC to order forfeiting Saucer's gain lime pursuant to sanclion .lfereade "in the fonn of II forfeiture Stuart, FL 34995 s. 944.28(2) arguing that Sauccr had ofhis gain time." Mcreade, 698 So.2d al 1316. "knowingly or wilh reckless disregard for Ihc The Supreme Coun found lhal the (561) 219-7367 lrulh brought false evidcnce before the court:' Mcrcade Court was correCl in finding it only Specializing in Post The Slate's request was inilially denied when had aulhority 10 "recommend" a gain time for -he First DCA correctly found thai "it is lhe feilure. Howevcr, the Supreme Coun disnp- Conviction Assistance F.P.L.P. VOLUME 6, ISSUE 2 Page 12 (CDil/lnut'dlrom fNJgt 8) instated in the United States in 1976,85 survey. which were released December people have been freed from death row 15th in a CMA report entitled Report on Texas· EI Paso county judge Sue Kanta after their convictions or sentences were Female Offenders in Florida:r Prisons. has ntised ethical questions about the ju. called into question. showed a serious panern of abuse and dicial system under which court ap According to a draft summary, lack of privacy being suffered by women pointed lawyers are paid $50 bonus if Leahy's bill would: prisoners in Florida. they get their clients to plead guilty to • Require that federal courts order Male guards are frequently present misdemeanor offenses. Anomeys whose DNA testing if there is a reasonable when female prisoners use the toilet clients plead guilty receive SI50 per chance it may exonerate a federal con· They watch when the women take show. case, Anomeys whose clients have vict, even if the time for appeals has ex ers, and look on as they change their charges dismissed after pleading not pired. clothes. More than half of the women guilty or who enter infonnal pleas of • Require thllt states make DNA test surveyed reported in appropriated sexual, guilty in exchange for probation, are paid ing available 10 state inmates for verbal or physico/treatment by male and only SIOO per case. conviction review, including those whose female prison staff. appeals have expired. Statewide, 5] percent of the women Virginia - On Aug. 22, 1999, a guard at • Increase fees paid to llttomeys of surveyed responded that they have been the newly opened supermax Red Onion defendants in death penalty cases subjected to in appropriated behavior by Stote Prison was stabbed about eight when the accused cannot pay their own male prison staff. They reported that 40 times while delivering lunch trays. Jackie way. percent of that abuse has been sexual; another 40 perccnt has been verbal A. McCarty was anacked by prisoner • Increase compensation available to abuse; 9 Lamont Douglas, 24, who was then shot unjustly imprisoned federal convicts to as percent physical abuse; and, II percent undefined abuse. twice with rubber pellets by a guard in a much as S100,000 for every year they Forty-eight percent of the surveyed gun port. Douglas was later charged with were incarcerated; the cap is now 55,000 women reported Ihat they have experi malicious wounding. a year. enced abuse from female staff. Different • Prevent the U.S. attorney general from the complaints against male staff, Washington· On Oct. 27, 1999, Belling· from seeking the death penalty in cases only 9 percent reported sexual abuse by ham police released the results of an in· brought in 12 states and the District of female guards; I percent physical abuse; ve5tigation stating that Whatcom county Columbia where there is no death pen 20 percent undefined abuse; but 70 per· jail guard Ryan Stollwerck had sexually alty. cent responded that they have been ver hamssed female co-workers at the jail, • Ensure thllt juries in federal and bally abused by female staff, such as be· Stoll"erck's conduct included making stale death penalty cases are fully in ing called a ··whore". unwanted sexual comments, responding formed of alternatives to imposing the Those surveyed were just a small angrily when one woman wouldn't return death sentence. sample of the women incarcerated in his phone calls, "improperly touching" The bill, if passed would automati Florida female prisons. But the results of one of the women and making mock cally apply to federal courts. Under tenns the survey are significant, says the CMA kissing noises. The report was released a of legisilition, federal funds earmarked experts who conducted the survey, be week before an election in which Stoll for state crime labs and prison construc cause so many of fhe women also re werck was running for Whatcom county tion would be withheld from stales that ported being abused before coming to sheriff. He lost the election. He also quit did not make their own laws confonn prison. his job as ajail guard. with federal requirements. The heart of Forty-one percent of the womcn re Leahy's bill is his proposal that convicts ported that they had experienced physical Washington DC • A leading Democnttic be allowed to present DNA evidence' abuse before being incarcerated. Fifty-six senator plans to introduce legislation that even if their legally allotted appeals have percent of them said they had been sub would dramatically alter the criminal ap run out.• jected to sexual abuse on the outside and peals process, providing new protections had been abused as children. Signifi for convicted prisoners, panicularly those ABUSE, LACK OF PRIVACY cantly, 70 percent stated they suffer de on death row. Patrick Leahy, a long time REPORTED IN FLORIDA pression problems now. foe of the death penalty, is scheduled to WOMEN PRISONS "It's a training issue· if you have introduce what he calls the "'nnocent been abused and they have the feeling Prolection Ac!" at a news conference. If Between July and October of 1999, men are watching you or they pllt-search passed, the bill would help prevent the Florida Correctional Medical Author or strip.search you, how do you think wrongful executions and lead to freedom ity (CMA) conducted a survey of 15] that might make you feel?" asked for more people who have been unjustly women prisoners incarcerated at Lowell Maxine McConnell, assistant director of convicted of lesser crimes, proponents CI, Gadsen CI, Jefferson CI, Hernllndo the Florida Corrections Commission. say. Since the death penalty has been re· CI, or Broward CI. The results of that "She mlly go berserk, and the officers (ConnnUl!donpagt IJ) F.P.L.P. VOLUME 6, ISSUE 2 Page 13 ~POST CONVICTION ATTORNEYS~ ~ LOREN D. RHOTON I ~ MICHAEL V. GrORDANO I Attorney At Low Attorney At Law (813}226-3138 (813) 695-2612 • , "'., . _(813) 228-0070 (;) APPEALS •• <;) STATE POST • CONVICTION (i) SENTENCE '. CORRECTIONS ,I (i) FEDERAL PETITIONS FOR WRIT OF HABEAS CORPUS '" NEW TRIALS 412 East Madison Street • Suite 1111 • . . Tampa Florida 33602 (813) 228-0070 .. (813).221.2182 fax he hiring ofIl lawyer is an important deebion that should nol be based solely on lldvertisemcnl!J. Before you decide, ask us to send you free written information about our qualifications. F.P.L.P. VOLUME 6, ISSUE 2 Page 14 may think she's misbehaving if they don't Some of the survey questions in understand the issues." volved health care and nutrition issues A spokesman for the DOC said the de This survey was prompted by several as well liS women specific issues. For panment would carefully consider the recent factors, as abuse in women prisons example, 45 percent of the women said recommendations. in Florida is certainly nothing new with they do not receive adequate undergar more than halfof the gUllrds in the women ments. Forty-three percent said they [Source: CMA report, Florida prisons being men. only receive panties one to three time a Corrections Commission 1999 Annual Perhaps the most driving factor was week. Sixty-one percent said the Repon, SI. Petersburg Times. [21241991 the error made by Department of Correc prison-provide bras do not provided tions Secretary Michael Moore lllst year adequate suppon. Editor: for more information when onlY'months after being appointed 10 Using the results of the survey. about female prisoner issues in Florida, run Florida's prison he asked Govemor both the Florida Corrections Commis along with a useful bibliography of other Bush to disband the Correctional Medical sion, which helped conduct the study, sources and studies on female prisoners, Authority and all other legislatively created and the CMA put together recommen see the Florida Corrections Commission prison oversight groups. The CMA struck dations to the Department of Correc Annual Report 1999, Section 5.0 and Ap back by publicly releasing damning infor tions. Those recommendations include: pendix 5.1 through 5.8. That report was mation about prison health care (and lack released 1/1/00 and is available on the ofsame) 10 the media. [See: • Revising state laws to make it a Internet al: http://www.fcc.stale.n.usi. FI'LP. Vol. 5, Iss. 6 "FDOC Hazardous to crime of sexual bauery for any stale or Some other female prison issues sources Prisoners' Health"] private prison employee to engage in include: Another factor spurring the survey sexual misconduct with a prisoner; was the abuse suffered by twO women pris Nalional Clearinghollse/or the Defense oners at Jefferson Correctional Institution • prohibit pat searches of female pris ofBaffered Women before their suicides in the confinement oners by male guards, except in emer 1255. 9th Sr., Ste 30l unit lit that prison in late 1998. [See: gencies; Philadelphia, PA. 19107 FPLP, Vol. 5, Iss. I, "Female Prisoners (Newsleller Double-Time free to female Deaths Questioned"] • use polygraph equipment in alleged prisoners) And, another factor that may have sexual misconduct cases to substantiate contributed to conducting this survey WIlS a allegations; National Coalition Against study on self-reponed prior abuse released Domestic Violence by the U.S. Bureau of Justice Statistics in • develop a sexual misconduct policy pon 34103 April 1999, which indicates that female for distribution to existing and new em lVasllinglon, DC lOO·J3 prisoners are more abused than male pris ployees; oners. Nationwide, state prisoners reported National Network for both physical and sexual abuse before in • provide trammg to prisoners and Women in Prison carceration - 57.2 percent of femllles verses staff on the sexual misconduct policy 714 IV. California Ave. 16.1 percent of males. [See: FPLP, Vol. 5, and related issues; Pasadena, CA 91105 Iss. 4, "Past Abuse Reported by Prison • ers."] • ensure that male officers announce The CMA survey did not focus just on their presence when entering female abuse of female prisoners in Florida. Other donnitories; findings of the survey found that: • ensure that female officers statT • Sixty-nine percent of the women sur donnitories during the hours female ATTENTION veyed were experiencing their first time in prisoners are most likely to shower or LAW CLERKS prison; change clothes; If you have suffered retaliation at the hllnds of FDOC officials as a result of the per • seventy-five percent had at least one • require that female officers super formance of your law clerk duties or in child, and 58 percent of those had children vise any strip searches of female pris response to your personal grievances or under the age ofeighteen; oners, except in an emergency; and liligation activities, send the details to: over hllif those surveyed who have chil • include other state agencies and out Juristic Legal Aid Org. dren do not get to see their children; side e"pens in sexual abuse, domestic Post Office Box 24923 violence and similar issues on the Oakland Park, FL 33307 • and, over half reported a history ofdrug DOC's recently re-established Standing Include copies ofany grievances. or alcohol abuse. Advisory Committee on Female Of fenders. F.P.L.P. VOLUME 6, ISSUE 2 Page 15 INSTITUTIONS -'_. _...... ""' .... --, ....._ •.,.< ;';'=-'~------"_._... -~-" r.TenNot.'" =~' ~,n.... •_rn..... -~,....,... Correctional Facilities-- MAJOR IN,muliONS @* MAJOR INSrrn.rnoHS wil" A"".. iii .....JOR INSTITUTIONS with WORK CAMP MAJOR INSTITUTIONS with ANNex & WORK CAMP ~ FEMALE INSTtTlJT10NS COMMUNITY CORRECTIONAL CENTERS III• FEMA,LE COMMUNITY CORRECTIONAL CENTEAS o 110"'0 PRISONS & WORI< CAMPS ==:-u • FOMurR'" CAMPS :;:::0...... '- DRUC TREATMENT CENTERS =:::.:.~ PRIVATE FACILITIES _.. PRIVATE FEMALE FACILITIES --"' .....<._. -~_ .._..-- -_..... Institlltionat Regional Directors REWIli\ I: GREG DRt\I\E, SNEADS. (850) 593·M31. SUNCO~1 786-1400 REI;lIIN II: GEOIU;E D~;NMI\N. GAINESVILLE. (352) 955-2052. SUNCOM 625·2054 RI';I;lO:'li Ill: BU.L BEOiNGFlt:l.ll, CLERMOvr, (352) 242·2719, 5UNCOM 634·1701 REI;UI".: IV: M,Un,\ Vll.U.CC)l{U, FT. LAUDEIU);\LE. (954) 202·3800. SW':COM 423-3800 F.P.L.P. VOLUME 6, ISSUE 2 Page 16 BUDGET Department or Corrections Percent 01 State General RII~lInUIl BUdSl!l Budget Summar)" Approprlaled to CorfltCllons (FYI99S·99j IO.ll"" Of'ER'\TI",G fU"OS ~ 9,0", ~ B.-Jf FIXED C,\I'ITAL OUTLAY FUNDS .'" t J.O~. EXn"~I"\ l1IlES BY PIlOIECT C\.ASlIFlCATIOI< I' To ".~ .... ~c )ThIwJlI f..JUO_..-.t " ... c _ 11".::"-.11 2.lr.. T..M_E"....tr..".,. ,..,.~_._... ,o(R~ ~,...... Il>.~'t>.··· • I.C". TorAI. i '.'EDCAPITAL 00ll" '" f~I,(l5 1.':MlJ-"~' I~I=" 1-,,,, TOTAl. •• 1J;l:...... ll:'1 ",. •• •• -, ..... •• LOCAL "tINns VOlUM' OFCOLLtCTlOS ...cnlTIIU c.....,n""''''I !'ft, •• _ _. , ~.'I""""!.' R"'.., r """ , c,"~ c...., "",0:tl1l'l w.~"' '<. T,-ro~ ..-I,""" c...... ()r,J,.-m! r,! ",..., 1~.1~1_"'" 1"'\I..Tl n,\.'l~I:-;O...cTl\1lT1ES. lnmale COS! Per Day byType 01 Prison T",.. ~, __._"•.•.•_.._ .. ... _-- ._----_.--_.__ ..._" b?J.IM~.' T.... l'-...... _----_. 6S.'h~.U' J_ Wl..l'I'WTauI .., .... _ ------. lJ1'l'1illD 1.';~1"T1 W(lF..R(;!1JSO"C1WITY t I :::: M<,,"""!o~S""" .. _ ."",U.I~.' ,I""".t~ -_. (;n.. ... s..I<- . _ 1}..l»DlU 11:ln)I:,:-t1 l__T.I BED COST BY BED TYPE ,II,.~." 00.,.'.. " .m,." .. em....." .. PI. ,,' m.ooo!,.,.,__ 525.000 ::: -...... ;" -- -- 510000 _-- 515000 - $10.000..... ~ w""" t_, ""blUbaIIS AMo '., Inmale COSI Per Day lor EducaUon (For aN F.P.L.P. VOLUME 6, ISSUE 2 Page 17 THE FUJRlDA DuAJm.t£....,. Of c~ INMATE POPULATION AS OF JUNE 30th OF EACH YEAR 1990 199\ 1992 1993 1994 1995 HI96 1997 1998 1999 GENDER BREAKDOWN _. 3U91 ~35--16 .... ~1,H5 $3 III sa_91 60ru 11211 521U ..... Ft.,...... l-U2 26<11 "0' u" an 1 _n 3~3' 3512 "U RACE BREAKDOWN "" ,~ 11151 11113 11.~21 19631 22.291 2!151 2t1IU 2151. 2U35 19'O! 2~,ln ,..,,, ,,"'" ,.." ".." ",.. X1.10ll 1U7' ,u.. lr.1!! .".~ '" ." I.:n. 11_5 ,", 1111 I ~re t\&UUN._ '" "" - -0 ." .,. 0 0 0 0 0 0 RACE/MALES BREAKDOWN " y,..... I.Q;ft 165~S ,,~ \1060 '1654- 21.117 11HI 15~H "G" 2! :"3' l'I·i1 2'2-5i? 251U 15101 n0l9 JOI1' ,.. 121 ,.. 0" J..: ;~. 1!$J_ _ 32_ ~ ,., ,,,. "'" 1112 I lS9 -- ." I 11'0 D.laUNy~ '" "" -- 0 " '" '" 0 0 0 0 0 0 RACElFE"IALES_,_;u BREAKDOWN ... .., I,U5 ..,. ,,,, ..rn ,.0' ,'" "",~ ""161~ 7'~ 6tx'o '.~I Hll ,". I ,... I tor ,'" IH' IH' Olr1t<,...... , 0 0 0 0 0 , n 111 O.aUNY~ 0 ,...... 0 0 0'" 0 0'" 0 TOUI. 12.131 1'.:nJ ".ell ..'" SI,on IU1Z U.n1 14,113 11110 II,S99 Inmate Population by Race on JundO. 1990-1999 • 1'1"". 0- 0-" I "~ • -"'" """ "'" 20000 '"u' I "'" "'" , 1 ,,~. 1111 , III , 111 "'" ~ 0 , , , 1197 !9il "" "" '!in ...... "" ...... TESTED LITERACY SKILL LEVELS (MOST RECENT TESTS OF ADULT BASIC EDUCATION lTABEI SCORES AS OF JUNE 30,1999) .~. WillI. BI.O<:_ ,,~ C"",uIU/YI Ultuq S),jll I...... ~., Pflcon, "blO. F.",.,u-.. Iohlu ...... F...... I.. P••<:onl L.tu r.an Iluc 2.1117 - ,.... - 17.1 ,n u.rXy 1I,ll-J.91 .. ... '" " .... BlIIC '-ao<:y $>.lI, '.1-<0 II I'll ~ ., 21,'22 110·11) ." ... ." fl.l"QlCll"o,lLUtacy '" 1,~7D ., su.(tO·I2.tl ,.'" ." ... '''00 ,." 0auU-...._ '" '" .,OU '.0111 ,.. ,.. U UH TOTAl ,'" 1.121 2'''1' ..., '5..124 '...... m 100.0 ~ '" .". " " " " " .. " F.P.L.P. VOLUME 6. ISSUE 2 Page 18 Elderly Offenders Growth of Elder (50+ Years) Inmate Population In Florida 1995-1999, as of June 30 1995 1996 1997 1998 1999 Category Total '10 of Total % of Total Y. of Total 'I. of Total 'I. of The 5,082 offenders Total Total Total Total Total age 50 years or older Pop. Pop. Pop. Pop. Pop. in Rorlda's prisons represent It 54.9Y. 50 to 54 1,585 2.6 1,756 2.7 2.065 3.2 2,276 3.4 2.589 3.8 Increase since 1995. 55 to 59 851 1.4 990 1.5 1.054 1.6 1,134 1.7 1.235 1.8 60 to 64 438 0.7 505 0.8 551 0.9 626 0.9 670 1.0 65 to 69 221 0.4 258 0.4 286 0.4 314 0.5 337 0.1 70 and 186 0.3 206 0.3 220 0.3 238 0.4 251 0.0 Over Total 3.281 5.4 3.715 5.7 4,176 6.4 4.588 6.9 5.082 7.4 Prisons lire 'I. Change In number of Elderly Inmates between 1995 and 1999 54.9'1. experiencing en ul'l:e: Flonds Department 0 OtTOcltOns' Annual Roports Dnd Bureau 0 Rosoarch tlnd Data Analysis Increase In the number ofolder inmates. Because of Projection of Elder (50+ Years) Inmate PopUlation Its large elderly In Florida population, Florida is Fifteen to 25 percent From June 1999 to June 2010 especially susceptible ofelderly offenders to this trond. have some form of Yoar Month Total Projected ProJectod Elder Percent of mental JIIness. Prl.on (50+ Yurs) Populallon Popul.tlon· Population (CJEC: (DCI Actuals: ,.90 June 42,733 1,991 4.66% The cost of 1991 June 46,233 2.181 4.72% Correctional staff's lack 1992 June 47,012 2,336 4.97% Incarcerating a of training in 1993 June 50,603 2,610 5.16% geriatric prisoner Is recognizing the 1994 June 56,052 2,946 5.26% three times that ofa medical and mental 1995 June 61,992 3,280 5.29% younger Inmate. health conditions of '.96 June 64,333 3,672 5.71% elderly Inmates often 1997 June 64,713 4,176 6.45% exacerbates problems. 1998 June 66,280 4,588 6.92% Projected: 1999 June 68,942 5,078 7.37% 2000 June 72.792 5,414 7.44% 200' June 75,288 5,826 7.74% 2002 June 78,422 Policies and 6,239 7.96% 2003 June 62,530 procedures that 6,652 8.06% 2004 June 86,16'\. 7,065 8.20% FaJflng to collect data encourage older 2005 June 86,161 7,477 7.37% on the elder offendor Inmates to Improve 2006 June 86,161 7,890 7.44% population could their Ilfestylo and 2007 June 86,161 8,303 7.74% cause future mulmlte their level of 2008 June 86,161 8,716 7.96% difficulties for functioning wJfl reduce 200. June 86,161 9,128 8.06% administrators and Institutional 2010 June 86,161 9,541 8.20% planners. management concerns . proitclIorlI_ only rnolICIle ~ JuflIIlW4 and lhe cost ofcare. F.P.L.P. VOLUME 6,ISSUE 2 Page 19 DJRECTORY~ . :' • Ub TIN tt.) DIt.aor • 1101_ C~'1tW1"Uooof.\I"" ..... Itff)'G R...... _ _ c \1••001 Uul,h In.oIl"'IooI., Mh ... -'...... J 'C.£d' 691 ...... n Vnm.'. L.- Rl J",,"'1an Unll UI..., Drfll<>aL SjInoop. F\ond..i J2-lJJ 0IT\n4Pnt: Srn.....: Dr.Wd E.lf-r*O),"'_ ,1j(l'"~-IIll' SCtf/!.llOO Service Cenlers F.. ,'-'I), "~-9:16j .u·~~u ""...,. .... C:I.l4'lI'l~·D" Ihctlanl N...... DorKlOt o...obh."",rw, n•• oJ... 11J~MlI~1 ... \IINn...Sf..'1n C...~r Ao;-.Ittni< Mol SP F.P.L.P. VOLUME 6, ISSUE 2 Page 20 I T.J"C~I_""'I\I"'1 ·_.C~I_;I ·,-.w.._...... -'\...... I\,...., 'lC~I_h._.)I l __ \C~.""_ a.n 1 ~knl, ..... _ ·1...... 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VOLUME 6, ISSUE 2 Page 21 Department of Corrections Operational Plan for Female Offenders Goals and Objectives IG03I Ensure thalltle speofic • Es~blish speofic wcw1Ilnll umt (completed) 1. needs 01 female • Analyze data from Bet:ermenl Program Survey (10129199) offenders are mel Design and Conduct needs-assessment survey and analyze data (3130100) ltlrOUOhOUI lhe ·• AIlnual Progress report of implementallon of plan (1/31) COlTectionals)"tem. • Review/reconvnend dI~es to plan (on.goingl • Annual meeting WIth female offender key staff 10 recommend changes (begIn ';001 • Review and analyze key computer data screens (7131101 I • Review saeens for appropri.1teness 01 information collected (7131101) I ea., oevelop a continuum of • Identify needS and melhoCls to support development of progr.ams (417/00) 2. progr.lms that foster • Parenting curriculum progralfU available (713100) personal orowth. • Identify and recruit volunteers and Interns to be fadlilators and InstnJetors fOt' new accountability, m..wnty, and existing educational and bettermenl programs (on-going) and value based actions • FaCIlitate implementation or referral of deSignated classes and programs (onlloingl that lead to suceesshJl • Implement education and betterment programs (onllOlngl relntenralion Into societ". ea., Ensure opportuOitles lor • Pre· and postassessmenlsurvey produce increased knowledge. skllts. and abilihes 01 3 female of/enders to female of/enders (6130/01) develop vocational and • secure lunding for assessment instruments in lemale reception centers (6129101) job retated skills that • Annually monitor results 01 transitional assistance programs 10 determine suppott their capacity for employability (113/001 economic freedom. • Establish partnership WIth Corrections Distance Learning Network and STEP·Star Ed. Networlt to Inc:orporale dIstance learning Into lemale programmlng (10129199) • Develop community correctlQns resource manual (8131100) • Appolnl work group 10 evaluate InslltulJOnal female oHender WOt1t aSSignments and make remmmendatiOns fO( creahon of new assignments which wiD provide IT1iJl1l:etable skills (111241991 ea., Prepare all inslll1JlIO'\al Develop 'emale offender ~Jrung cumculum (10131199) 4 and community · Submit cumculum to CJSTC lor Gertlticahon as speaaltz~ COUf!5e (1114/001 COI"fectJOnS staH 10 ·• Improve awal~ness 01 female speofic issues to CDfTeCbOl'lal professionals (612£1'01) ooderstand and • DesJ9n four·hour cnentattor'l tralt1;ng for all newly hir~ employees WOf1ung WIth approprialety address lemale otfellders (7/11991 lemale gender-specific • ConduC! female oflend~ focused SYJTl90Sium {every other year} topic and issues. GoaJ Ensure broad public • Annually update Status Report for Female Offenders (begin 1211199) 5. access to the DC Develop speCIfic female offender reporl on DC web page (3131/00) information specific to · female Ofl~~~: Issues and relaled ClI. ea., Ensure a I\olistic • Pilot motivational curriculum for female of/endef!5 (11/1199) 6. approach for meehng • Health fair for female offender Institutions (annually) appropriate • Provide continuum of services lor pregnant female of/enders (on·going) physIological. • ReCt\Jil volunteers to lacilltate monthly support groups to address needs of female psychofoglcal. and of/enders over 50 years of age (9/1/99) substance abuse needs • Standardize operational procedures for dislribul/on 01 personal hygIene Items and of female offender,. undelOarmenlS (3131100) • Appoint internal work group to address special diet and nulritional ne~s of female and~-·thlul offenders (10/11991 ea., Foster staff altltuaes and • Monitor scheduling ollemale officers assigned to female housing units dunng show~ 7. aClions that demons~le and dress times (unscheduled basis) profes.sionalism ~ • Establish operational procedures for female offenders during labor. delivery. and encourage an immediate postpartum penocl (21161001 atmosphere thaI • Expand socio-cultural database on female offender to lndude data on children and promotes the positive e Operational Plan for Female Offenders The department developed an Operational Plan for Female Of fenders. initiaUy in 1996. and was revised substantially in July 1999. Indudecl in the plan are vision and mission statements. project stale men!. goals and objections. and action plans. F.P.LP, VOLUME 6, ISSUE 2 Page 22 Membership Forni You are invited to become a member of, or renew your membership in, Florida Prisoners' Legal Aid Organization, Inc. Member ship benefits include a one-year subscription to Ihe organization's popular bimonthly newslellcr, Florida Prison Legal Perspec flVes. Contributions to Ihe organization (a registered 501(cX3) non profit) are tax-deductible. Contributions will be used to organ ize and advance the interests of members; to provide II voice for Florida prisoners and their families, loved ones and advocates; and, to educate the public about the Florida criminal juslice and prison systems. 1. Please check one: 2. Selecl Category: o Membership Renewal o SI2 Family/Advocate/lndividual o New Membership o S6 Prisoners o Subscriplion to FPLP o $25 AllomeysIProfessionals withoul membership o S50 Gov'l agencies, libraries, organizations, corporalions, eiC. 3. Your Name and Address: o I undersland that FPLAO depends the generosity of its members to grow and operate effectively.• Name DC# (ifapplicable) Therefore, I would like 10 make an addilional contribution of: Prison. Agency. Organization (ifapplicable) Address S I0 S25 S50 S100 $150 Olher City State Zip 4. Total Endosed _ Phone Number Please make all checks or money orders payable to: Florida Prisoners' Legal Aid Org., Inc., P. O. Box 660-387, Chuluota, FL 32076, or Florida Prison Legal Perspectives (same address). New, unused, U.S. poslage stamps are acceptable from prisoners for membership contributions. For fllmily members of prisoners unable 10 afford the bllsic membership dues, any contribution is ac ceptable. SOUTHLAND PRISON NEWS HAVE YOU MOVED OR BEEN TRANSFERRED? Irso. please complele the below inromllllion and send it to FPLP so Ihal the mailing list can be updated llIld so you don't miss an issue. SPN IS a prisoner-produced monthly newsletter covermg pnson news from OLD ADDRESS: New England to Florida. The newslener is composed mainly of clippings from lo Insl. Nam~~~~~~~~~~~~~~i~~~:Address cal papers that might not otherwise be til)' SUlle Zip seen, along with feature articles and book NEW ADDRESS: reviews. For more information or to sub Insl. scribe ($15 yr. for prisoners/$25 for Add,,,, non-prisoners) contact: SPN, PMB 339, CityN.m~~~~~~~~~~~~~~i~~~~Slllte Zip (PlEASE PRINT C1.EARLY) 955 Massachusens Ave., Cambridge, MA D:ucs: _ 02139 Mail To: FPI.!'. P.O.BOX 660-387. Chuluota. FL 32766 F.P.L.P. VOLUME 6. ISSUE 2 Page 23 Florida Department ofCorrections Florida Corrections Commission Office ofthe Governor Florida Resource Organizations 260 I Blair Stone Rd. 2601 Blair Stone Rd. PL 05 The Capitol Tallahassee FL 32399-2500 Tallahassee FL 32399-2500 Tallahassee FL 32399-0001 (8S0)413-9330 (850) 488-2272 Florida Institutional Legal Services (850) 488-5021 Fax (gS0)4I3-9141 1II00e NW 8th Ave. Web Site: www.dc.state.fl.us EMail: [email protected] ChIef Inspector GeneraL...... 922-4637 Gainesville FL 32601 Web Sile: www.dOS.stnlC.n.uslfgils/agmcleslfcc CitIzen's Assistance Admin .488-7146 (3S2)9SS-2260 FDOC FAMlLY OMBUDSMAN Commission/Government Accountability Fax: (3S2)9SS·2189 10 Ihe People . 922-6907 EMail: [email protected] The Florida Corrections Commission is Office of Executive Clemency Web ;Ie: www.afn.org/fiIs1 The FDOC hIlS tlllcgcdly created nnew position in the composed of eight citizens appointed by lhe central office to address comphunts and pro\'ide assis 2601 Blair Slone Rd. governor to oversee lIle Florida Department lMcc to prisoner's families and friends. Sylvia Wil Bldg. C, Room 229 Families with Loved of Corrections. advise the governor and liams is the FDOC employee appointed as the Tullahassee FL 32399-24S0 ones In Prison -family Ombudsman - Ae<:ording 10 Ms. Williams, legislature on correctional issues.. and (8S0)488-29S2 710 Flanders A,e. ""'C Ombudsmnn works as a mediator bc:1"ttn rami· promote public education about the Coordinntor. JBJlct Keels Daytona Bch FL 32114 lies, inm31es. 3I1d the department to reach lhe most correctional system in Florida. The (904)2S4·1!4S3 cffccu'''c rcsolulion.- The FDOC Family Services Florida PnroleJProbation Commission Commission holds regular meetings around EMail: [email protected] HOlline is loll·free: 1-888·SS8-648g. the state which the public may attend to 2601 Blair Slone Rd., Bldg C Web ite: www.afn.org!flip provide input on issues and problems Tallahassee FL 32399·24S0 FDoe SPANISH HELPLINE (gSO) 4g8-16SS affecting the correclional system in Florida. Rcstorative Justice Ministry Network Prisoners families and friends nrc encouraged P.O. Box 819 The FDOC has also crel1ted a help line 10 llSsiS1 Span· to contaci the Commission to advise them of Deportment ofLaw Enforcement t5h-spen;ng cllrzms obtain lnfolltUlllon from the Ocala. FL 34478 problem areas. The Commission is P.O. Box 1489 I department. Tina Hinton is the FDOC employee in Tallahassee FL 32302 (3S2) 369-50S5 this position Contact 1..s()().410-4248 independent ofthe FDOC and is interested in (8S0)48g-7gg0 Web: \,,·ww.rjmn.net public participation and comments Web ite: www.fdJe.stalc.n.us Email: Bernigrjmn.net [Please Inform FPLP of you ha\o'c any problems With concerning the oversight ofthe FDOC. usmg the 3OO"'C ServicesI MEMBERSHIP/SUBSCRIPTION RENEWAL FLORIDA o ·PROFIT PRJSON •. PO TAGE Please check your mailing Inbel 10 determine your term of LEGAL PAID membership andlor last month ofsubscriplion to FPLP. On the top line will be PERSPECTIVE OVIEDO. FL a date: such as ••• ov 00···. That date indicates the last month and year of P.O. BOX 660-387 PERMIT 0.65 your current membership or subscription to FPLP. Please take: the time to CHULUOTA, FL32766 complete the enclosed fonn to rene\\ )'our membership and subscription to FPLP. Moving? Transferred? If so, please complete the enclosed address change fonn so thaI the membership rolls and mailing lisl can be updated. Thank you! "The level 01c;viU=alioll in a society may be determined by entering it's prisons. .. Fydor Dosloyevsk'Y Crime and Punishment