THE CALIFORNIA
A Prisoners Rights Union Publication Sacramento, CA June 1991 Vol. 19, No.2 1971-1991: A History of Fighting For Prisoner's Rights PRU and the Law .\
"The law in its impartial majesty forbids the rich and poor alike from steahng bread and sleeping under bridges."
By Michael Snedeker ways been the second type. These categories are not water-tight; the Union or Its volunteers have often tried to Union's Philosophy help individuals, and have also weighed in heavily recently Is the Law a thing to be ad against the explosive growth of mired? In California, laws are imprisonment as the ofiicial solu auctioned off to the interest tion to a host of societal groups that pay the most. Gover· problems. However, groups that nor Wilson was given $760,000 want to abolish prisons or help by California's prison guards to individuals share an indifference run for office; few among us could to the legal structure governing remain unaffected by such a sum prisons, while the Prisoners of money. Inside prison, laws are Union has made this stn lct-ure more like suggestions than fixed its central focus. norms. Still and all, the Bill of The righ ts closest to our hearts Rights has not yet been repealed; are tho e g1raranteed by the First the Prisoners Rights Uh ion has Amendment to the United States alws,ys been interested in and in· Constitut ion, Ilnd Al·ticle 1, sec volved with cha nging or enforc· lions 2 and 3 of the California ing laws. Constitution; the rights t.bat col Our interest arises fro m the ledively make up what has been Union's essential nat u re. Or ca ll ed the freedom of expression. ganiza tions concerned wi th life in The root of th is concept is nega prison may roughly be dr"i-led tive rather than oo~itjve: it as· into three types: (ll AboJillnlllst sume that there is no final truth ot'gallj~aL!ons. who see prisons li s clear to all about how one should -I101,,\'""''-.,- 1- -.--, ~ ...".. - ~~~~~~~~~~~~~~. the tumors of a sick society that live, or bow society should be or· = " ... . "-. should be surgically removed; (2) dered, and that the best way for r-r-_ --- T · _...... «" Civil Rights organizations, who The Folsom strike took place Nove;;;ber 2, ·1970. A group of Folsom truth to emerge is to hear from try to extend and enforce legal prisoners wrote and distributed a "manifesto" of demands and an. people with as wide a range of ex principles of fair treatment to nounced that they would strike until these demands were met. This perience as possible. prisons; and (3) Helpcl" or strike inspired what would become The California Prisoners Union in Without freedom of expression 1971. ganizations, who try to assist in the political process could be dividual prisoner·s cope with life frozen solid at any point. There inside and outside of prison. The Prisoners Rights Union has al- See HISTORY on page 11 Concrete and crowds: 20t1;. A.pll.iverSalY lssu~ 100,000 prisoners of the state Jiisicle: '
Justice has constructed a profile original offense was a property By Rick Garnett and of the prototypical 100,OOOth crime, such as larceny.theft, 75 inmate. percent of which involve a loss of ResqQtce · 0ui(tI(Jpda~ , .. ., k-. .• •• , ••• .' •• • • • ~ .".~ Vincent Schiraldi In addition, we have at under $400. Perhaps most The following is taken, in part, tempted to compute the cost of in surprising is that this prisoner Rights .A Year SIrfllg1e from a report prepared by The carcerating and controlling this was sent to the Department of Pmoners Union . . 2IJ Center on Juvenile and Criminal prisoner. This figure reveals the Corrections not by a Judge and Justice as the California prison true costs of interpreting "tough not with a new conviction, but by Reflections gn working witli the union ,_ population reached 100,000. The on crime" as jClock cern up." the Board of Prison Terms for a study profiles the "typical The following is a profile of our parole violation. We will spend ••• P • • , • • • " •• • • • \...... " . , • • , • • , ...... i1 :8 inmate," examines the cost of in 100,Oooth prisoner. Overall, he an exorbitant amount of money carcerating the inmate, and offers contrasts starkly to the stereo imposing a term of supposedly bisrery i jail 9 recommendations that would typical criminal epitomized by rehabilitative inactivity upon 'J\ ~wts · · - · · ·· · ·· -·~>t · ,,· · ·~·· · p· shift these costs to the implemen Willie Horton: A young man of this man, yet at no point in the tation of more viable alternatives. color, uneducated, and sub process can he expect to receive Speaking frarrKIY about AIDS .. ,y'" ..•. p. {3 , stance.abusing, our 100,Oooth in drug treatment, education or job On April 15, 1991, the Califor· mate is notable more for the skills. As a result, he will return ~reed6m neatfOf. Patrick Hooty Croy: ...... nia Department of Corrections desperation of his circumstances to us arguably more likely to reof· fend than when he entered announced that the prison than the heinousness of his acts. ,. '0· .. ·· • · . • " .. •. , . ·.V':'7 ·:··.· .· ·· .. ·"'t ·,, -_...... -.. population had exceeded the In fact, although we spent over prison. 1\t.140 100,000 mark. As an occasion for $42,000 on his incarceration, suo reflection and analysis, the pervision, revocation and re Center on Juvenile and Criminal incarceration, the prisorier's See CROWDS on page 5
Prisoners Rights Union NON-PROFIT 1909 6th Street ORGANIZATION U.S. POSTAGE Sacramento, CA 95814 PA I D ADDRESS CORRECTION REQUESTED PERMIT NO. 2119 SACRAMENTO,CA 2 - The California Prisoner· June 1991
LETTERS TO THE EDITOR volatile situations. competent citizens through per No to visiting cutbacks Section 3170(b) states "visiting sonal, social and intellectual The Struggle Continues shall not be denied except as is growth. I am writing this letter in necessary for the reasonable Institutional programs should Say No to visiting cutbacks regards to the state possibly cut security of the prison and the seek to establish mutually ting back visiting within state safety of persons." Although the beneficial partnerships with Dear Readers, run prison facilities to ease the state isn't planning to abolish other educational and scholastic visiting, it has in fact violated the 1991 Ularks the'ZOth Anniversary oftnePri~oll.er6 Rights Union. budget deficit. In a recent article agencies, government and busi "spirit" of this section. Visiting is This issue is dedicated to ex ~mining the Union's history in the published in the Telegram ness. Through these partner courts, in the legislature and in theminds of those wi10 cOUlmitted Tribune, San Luis Obispo, dated designed to maintain a family ships we may look to provide unit while trying to cope with a 'a year or more DC sel:Vic~ to the aaVl1-ncement of human rights for May 13, 1991, it stated the state public services to the community would save up to 6 million dollars loved one's incarceration. In aU tJlose incarCll~ated. through academic, public and Throughout t'he yearll there have been a number ofrights viola cutting back weekday visits to . mates cannot be a part of a unit private organizations. Simul· with any meaning or substance tUlIlS tbat the Union and its membe~ have fought to reeti!:y. The weekends only. I truly find that taneously we may instill a sense hard to believe since none of the on weekends only. They have a struggle continues IU} the Union begins a new decade of serville. of social responsibility and values In April, tl}e prison population un(ler the California Department visiting officers would be ter right and a need to have the within those participating in ofCorrectioDil exc!eeded tlm ]OO,aOO mar-k. 'Dhls'number is.stagger minated; they would simply be availability to participate on an these programs. The building of ing, bllt'it does meari that we are,at least 100,OOO·v oices s /;l;ong. absorbed into each prison facility almost daily basis. self-esteem, responsibility, un Th!l:Se voices need to be h.ea,rd NOWI The D,epartment of COrree and their 35,000 dollar salary Also, weekends only visiting derstanding and marketable job t.iP~. is examining-its ,budget to determirie where. cuts can be made, continued. would only be opened to those in skills are necessary to any Vis.ttng cu~backs will'undollbtedl>: be an option. mates who worked M-F. Those rehabilitative environment. It haa be~n proposed that $6 million coula ~ sav~ if visits ar.e Currently, the state enjoys a inmates whose jobs were on the These individuals can become ac reduced to Just w eekends and holidays. ' . revenue being made by the weekends would not be allowed tive and productive members of • Our .office. haa received many calls of outrage oves- this prison visiting rooms. The vend to visit. Therefore, the state the community and society. rumo~ ll~o posal . Lett~r w~iting campaigns have.been kicked off ing machine companies give the would again be violating the Education programs will not a~,In~repre!lentatlves In the legislature and the Director" of state a percentage of all that is Visiting Directive, Section be the panacea for the problems COrrecbons. sold inside at visiting. That 3170(c) of unequal allocation of of crime and incarceration. Yet, '. (In¢~ntiilir, the SF Ghrontc.le repprtea on May 16 thatthe o~ would be greatly decreased by visiting time. These inmates equipped with the proper skills year la1d,;:locluj'o{l: celli dlXirs Q~Pehc/jnBQ)! ~~te -Prison are'.'f1.awea'! cutting out 3 visiting days per would be greatly discriminated and opportunities, there are {}!Ifl thiit,the I1tatep/CI1$ ~ spwtd $64 ;mltlion to fix th~m . Where is week. Therefore, the state would against. those who may break the cycle of 'this mo~y coming r":¢rif?) have to absorb that loss and ul I urge you to reconsider your recidivism and serve as role It is difI":;FuIt!cir llnYoUe' to know what is gOil1g'On in the-minds of timately fork out monies to cover plans to decrease visiting. The models for others to break the o;oe's leltc\!lF,s. At ;this ~ub1icat.ioT,\, tl),er'4i11 no written bud~t that loss. state can save a larger amount of cycle or avoid incarceration r~ntendli.tiol1 ,to cu.t visiting pr~i!egelk'k There are other ways of cut money by abolishing the un completely. Hp"l',eyer, on Jl.\~e i} t~e J!)ep.rtrnent o(Correctilms did aubl1Ht a ting budgets. The officers need to necessary pay numbers for leuithj' {lroWj;alto ~¢ Office of Administrative Law-to change stop waste. My husband wit menial jobs, by implementing the TitleJ,Citi/the,CaJifomis Code of RegW"tions ~end\ij~rwrla nessed a guard ripping up a pil Labor Initiative, by decreasing A program like the San Joa n tions gQverning th~ ~.isiting of~ate!vand accesa to facilities. ..$ low after confiscating it from an the wastes found in food prepara quin Delta College Program of A'prp~sed addlilon toHSection 31'11 reads as folloW6 ~ "Eaelb inmate. When he asked the of tions, theft & destruction of state fered at Deuel Vocational Institu U"'lll,. -'''t Y' 8 _1. 'ti nll' p1'VC
throughout the State. The year many have children. This year By Judy Wahl 1987 saw their numbers double they participated in the race with as eight Ex-Cons on the Run a special mission: to raise public Over 100,000 people Fan and crossed the finish line. This year, awareness about the issues af walked in the 80th San Francisco Ex-Cons on the Run numbered fecting prisoners and ex Examiner Bay to Breakers Fun eight participating in the race offenders in California and the Run on May 19. Included in the and an uncounted number on the world. throngs were eight Ex-Cons on sidelines, in prisons, halfway Ex-Cons on the Run are com the Run, celebrating their 5th houses, at their jobs and at home, mitted to the following goals Anniversary. Sponsored by cheering them on. Sporting through the process of public Sisters OutSide, now Crossover white-on-black Ex-Con on the education, individual and group Communications, Inc., Ex-Cons Run T-shirts they ran side by interaction, political and social on the Run began as an annual side with runners from all over activism, and visibility in the celebration of the support net the land. community as successful ex work formed by four women who Ex-Cons on the Run is a offenders: became friends while incar loosely-formed support network eerated at the California Institu of ex-offenders throughout the tion for Women in Southern State of California. Their first I. Strengthening and em California in the early '80s. goal is to provide encouragement powering persons at-risk for criminal behavior or re These four women became inter to each other through on-going offending, through a support net ested in running while in prison communication in person, over work of successful ex-offenders in order to deal with the pres the phone and through the mail. and social service agents; sures of life behind bars. They The Bay to Breakers run each spoke and dreamed of running year provides an opportunity for II. Motivating at-risk persons toward socially acceptable be Ex-cons who partiCipated in the Bay to Breakers race included: together in the "free world" some all participants to reconnect and Teresa, Mimi, Judy, Betty, Windi, Jodi and Diana_ day. After serving their time, two get our ya-ya's out with people havior; of them relocated to the San who intimately understand our III. Ending the cycle of abuse Francisco area and the other two past pains, present difficulties by educating the public that of to Southern California. In the and hopes for the future_ Loved fenders, addicts, alcoholics, the VI. Encouraging the criminal spring of 1986, in order to rees ones are also welcome at their mentally ill and homeless people elude ten copies of our purpose justice and social services and goals with every T-shirt tablish their friendship and to yearly get-together - children, are and have been victims, too; delivery systems to address the strengthen support for each other spouses, lovers - and they feel a IV. Changing the media order - for when people ask, causes of dysfunctional behavior, while in transition, all four met part of the support network, representation of prisoners and "What is 'Ex-Con on the Run' for the first time outside of prison which provides them with an op ex-offenders. (They are your both episodic and chronic, using a about?" We also have available "I at the 1986 Bay to Breakers Run. portunity to check-in with family neighbors, co-workers, relatives multi-level approach: Individual, • MY EX-CON" printed in white Wearing gold and black Ex-Con members of other ex-cons and to & friends. At the current rate of family, community, and societal. and hot pink on black 100% cot on the Run T-shirts, they talk about their special issues. incarceration, lout of 10 persons VII. Forming a voting and lob ton Hanes Beefy-T's. Specify M carbohydrate-loaded on pasta has done time in a correctional bying force of ex-offenders to L-XL. Also, all members of Ex and ran together from start to Ex-Cons on the Run comprise facility - they don't stay in work toward and advocate for the Con on the Run will receive a free finish. a varied group: college graduates prison forever - and you can't above-mentioned goals. one-year subscription to TRAN The news was passed by word with upper-level degrees, tell by looking at them who they Ex-Cons on the Run are en SITION NEWS in order to keep of mouth and through Crossover entrepreneurs in business, are!) couraging all those interested to up-to-date on activities. Communications' mother career-oriented laborers, stu V. Advocating for healing join and purchase aT-shirt to Judy Wahl is an ex-offender publica tion, Sisters OutSide, and dents, social activists and service methods of treatment and res wear when participating in any and founder of Crossover Com their current quarterly, TRANSI providers. Many are married, titution rather than punishment running event - or for a souvenir munications, 433 E. Main Street, TION NEWS, to ex-cons some to other ex-offenders, and and warehousing; or everyday wear. We will in- Ventura, CA 93001. June 1991 • The California Prisoner - 3 PRISON LAW Capitol Report to Folsom Prison and used it as a By Paul W. Comiskey backdrop to denounce any efforts by the legislature to shorten The issue dominating the prison terms. He said that Fol legislature currently is the som was full of murderers, budget. Each year the legislature cutthroats, robbers, and rapists. must have a bill before the These are the people, he warned, Governor so that it can be signed that the legislature wants to let and in law by July I, the begin· out early. Senator David Roberti ning of the new fiscal year. The dismissed the Governor's state state cannot legally spend money ments as histrionic propaganda. unless the budget has been It does give us indication, passed. Often enough, however, however, concerning the gover there is a crisis and the budget nor's position on the matter. does not get passed. When this happens, the legislature stays in It is important to remember session, deals get cut, and they that the California Correctional usually get to go home for the Peace Officers gave Governor Fourth of July and their summer Wilson one-and-a-half million vacation. dollars when he was running for office. This was a large chunk of The budget this year is par· the twenty million it cost to be ticularly troublesome. Last year come Governor. They gave Wil there was not enough money and son that money to protect jobs. compromises with Governor Wilson is also reluctant to reduce Deukmejian were impossible. incarceration because prisons are The budget that was finally popular with the middle class passed simply deferred some pay· people who vote in California. ments to this year, allowed coun· ties to collect fees to pay for some They think it somehow reduces costs, and hoped for the best. The crime. We shall report further on best did not come. We have suf· these matters next issue. fered an economic recession since last year and government revenue from taxes is falling Televising Executions about fifteen billion dollars short The Prisoners Rights Union of what is needed for the govern· supported a bill carried by As ment to operate. This means that semblyman John Burton to allow taxes have to be raised and executions at San Quentin to be spending cut. The Democrats and televised. We took a "pure" First Republicans have different views Amendment position on the ques concerning how this should tion. We said that whatever the happen. government does ought to be open to public view and that Governor Wilson wants to cut Visiting Cutbacks we will do whatever necessary to program and then get their sen there have been far more welfare and says that welfare Rumors have been circulating protect this important right. tences reduced by 60 to 90 days. atrocities committed in prison recipients will have to do without for weeks about visiting. Un It is estimated that the reduction than just executions. This bill a six pack of beer. This has in· doubtedly contingency plans Early Releasfl in prison population would save died on the floor of the Assembly. furiated those concerned for the have been drawn to severely cut There is one bill in the legisla twenty-nine to forty-nine million Mr. Burton had proposed it as poor. The big questions for visiting. The Governor, on the ture that would shorten senten dollars. Does this bill have a emergency legislation· which prisoners and their families in other hand, has pledged that the ces for some prisoners. This is AB chance? It is difficult to say. It would have required two thirds relation to the budget is whether budget for The Department of 1089 carried by Assembly passed from the Assembly vote of the Assembly. He says visiting will be cut and whether Corrections will not be cut. In Representative Barbara Lee (0), Criminal Justice Committee to that he will bring it back again as some prisoners will get out early fact, the rumor is that the CDC Oakland. It would establish a the Ways and Means Committee. non-emergency legislation so as a result of the fiscal crisis. The will get a fourteen percent in pilot program wbereby 15,000 We shall watch its progress. that it will require a simple answers to these questions are crease in its budget. If CDC does non-violent offenders would go majority to pass. This column unknown. decide to severely curtail visiting, through an intensive pre-release Governor Wilson recently went will update future developments. Judicial Update
that the CDC may restrict or coran's reason is that Unit 4-B, Incarcerated Parents suant to Welfare and Institutions By Steven Fama prohibit sales made for business where the violators are housed, The California Court of Ap Code section 300. [In re Aaron S. (1991) 228 Cal.App.3d 202.] The The following is a summary of purposes to the extent necessary was built without contact visiting peal has ruled that an order ter Court held that the law allowing recent court decisions or pending for reasonable safety and facilities because it was designed minating the parental rights of a cases of interest to California security. The petition further ar to incarcerate maximum security prisoner under Civil Code section a child to be declared a depen state prisoners. gues that safety and security con segregation prisoners who are in 232 is legal even if the prisoner is dent if the child's parent "has cerns do not justify the current eligible for contact visits. The not present in court, so long as been incarcerated ... and cannot Right To Sell Artwork restrictions on the sale of petitioners in Forbes contend the prisoner was represented by arrange for the care of the minor" requires proof of a prisoner's cur Limitations on the sales of artwork, and that the restrictions that under Penal Code section an attorney. [In re Rikki D. on sales of handicraft items con 2601(d), prison security is the (1991) 227 Cal.App.3d 1624.] The rent inability to arrange for care, prisoner art work have been chal not simply proof of past failures lenged in a petition for a writ of tained in Penal Code section only justification for denial of court ruled that Penal Code sec to do so. habeas corpus. (In re Ainsworth, 2813 do not apply to art. Finally, contact visits, and that therefore tion 2625, which grants prisoners et al., Marin County Superior the petition contends that the bureaucratic decision to certain rights when facing ter Court No. 149530.) The petition restrictions on sales of visual art house them in a prison built for mination of their parental rights, MiscellaneoU$ Cases seeks an order prohibiting the violate equal protection because other types of prisoners is an un only requires that a prisoner or Still pending is the challenge to Department of Corrections from no restrictions are imposed on lawful restriction on visiting. hislher attorney be present. In the CDC's entire Operations enforcing the rules which limit the sale of the work of other addition, the Court of Appeal based on a failure to comply with the sale of prisoner art to prison artists, such as authors. Early Release relied on the fact that the the Administrative Procedures specified locations (such as . The California Supreme Court prisoner had twice refused to be Act. (Tooma u. Rowland, prison hobby stores) and which Visiting has ruled that a decision to transported to superior court for FOl5383.) prohibit prisoner artwork from · A habeas corpus petition has modify a defendant's sentence hearings. being sold on a commission basis been filed in the Kings County may be made on grounds other In another case, the Court of or for purposes of resale. Al Superior Court challenging the than a sentence disparity. [Dix u. Appeal reversed a superior court Steve Fama is a staff attorney though the named petitioners are policy which prohibits all Superior Court (1991) 53 Cal.3d order declaring a prisoner's child at the Prison Law OfrICe, General San Quentin prisoners, because prisoners housed in Corcoran's 442.] The decision is of interest to a dependent of the court pur- Delivery, San Quentill, CA 94964. the petition seeks an order Unit 4-B facility from receiving prisoners because currently, a prohibiting enforcement of CDC contact visits. (In re Forbes, et ai, few prisoners, pursuant to Penal rules applied state-wide, a Kings County Superior Court No. Code section 1170(d), are able to SHOOT TO KILL favorable ruling will benefit all 554A.) convince the sentencing court to California state prisoner artists, Corcoran Unit 4-B houses modify their prison sentences Have you been shot and injured as a result of wherever incarcerated. more than 900 parole violators based on changed circumstances, CDC's "shoot to kill" policy? The petition contends that serving revocation terms. Al such as the prisoner becoming restrictions on the location and though almost all the violators, terminally ill while serving the If the answer is yes, please send your name the manner of prisoner artwork and all the named petitioners in sentence. The Dix decision rever and current address along with the date of the sales violate the guarantees of the lawsuit, were eligible to and ses a Court of Appeal decision Penal Code sections 2600 and did receive contact visits during which had held that ajudge could incident and institution it occurred at to: 2601(a). Section 2601(a) specifi previous terms or during their modify a sentence only if it was cally guarantees to prisoners the present term when housed in disparate when compared to Paul Comiskey right to sell art work created other CDC institutions, Corcoran other sentences for the same 1909 6th Street - Sacramento, CA 95814 during imprisonment, except denies them contact visits. Cor- crimes. June 1991 • The California Prisoner - 5 A time for change in today's prisons
of insanity better places, but medical care for those so con By Wm. Daniel M. most of all, it will require that fined. This reliance on outside Ravenscroft they be staffed by those with resources takes time, is not cost proper credentials and verified effective, and in some instances, California incarcerates more experience. has resulted in either mOre people now than ever.. .in fact, California correctional officers serious conditions, or even death. more people than any other state presently do not have to undergo With over 100,000 inmates in and most countries in the world. psychological testing in the scope the California Department of For this reason, we must ex of their job assignments. Corrections, improved medical amine not only the sentencing Paramountly, these very officials attention is absolutely necessary schemes, but also those that have the most intense, personal and should not be denied for any direct and head our Departments contact with inmates. Correction reason. Once again, Presley's of Corrections. al officers' stability to rationally proposal is soundly based. Recently Senator Robert Pres handle any incident is not only ley graciously informed the crucial to their assigned jobs but Finally, even though we have general pUblic that he wants to also to the safety of inmates and come a long way in our approach see wardens of all institutions the institution in general. to corrections, and those so in have appropriate educational Obviously, having officials volved, we need to make even fur backgrounds (master's degrees); that have passed a properly ad ther improvements. We should that the power to carry out cer ministered battery of tests to as expand programs of education, tain medical decisions be sure their abilities, will enhance counseling by qualified person delegated to properly accredited the working prison environment nel, psychiatric treatment, ex medical personnel; and that cor and further instill confidence by After rofting In your cell 22 hr5 a day panded visitation rights, and rectional officials undergo inmates and staff personnel to you 5hould b. pretty rtlhablllfaf.d. other bridges to community un psychological testing to assure handle any and all events. GOO{) LUCK ON PAROL~! derstanding since those we their stability to work in today's Furthermore, in any"chain-of choose to confine will at some hideous prison environment. command" working environment, time be returned to our society. These three approaches alone direction and leadership is decisions that may affect both sonnel present, the mere thought Senator Presley's approach proposed by Presley certainly ap paramount. Notwithstanding sides of the fence. This takes alone, tends to dissuade one from should not only be supported, but pear noble. I would also hope that this, correctional facilities seem education, not just promotion up pursuing medical attention al also flatly adopted. Senator Presley is not commit to have functioned for hundreds through the ranks. Presley's together. Along with this, there shouid you have any com ting political suicide especially of years running rampant and solution is obviously an educated have been countless instances men ts, or questions, please feel with Governor Pete Wilson and with little control from upper ad one! were prisoners have successfully free to con tact me c/o The his conservative political force in ministrative forces. While this is Next, the area of medical at litigated medical malpractice Prisoners Rights Union, 1909 control. not the intent of upper ad tention in all institutions has cases proving that they received Sixth Street, Sacramento, CA Let's face it, today's prison sys ministrators, they are kept vir been one of the most widely either deficient or improper 95814. tem is nothing more than a giant tually in a "leadership vacuum" litigated concerns for years. Out medical attention. machine gobbling people up and at the top by many that do not of all prison facilities in Califor Wm. Daniel M. Ravenscroft spitting them out left and right wish attention brought to their nia, only two are certified as In some instances, personnel serves as Executive Director of without the slightest concern for areas of concern. medical facilities. This raises assigned to medical wards in in Legal Associates West, PA, and the staggering cost assumed by A warden's capacity must great concern when an inmate stitutions, do not possess the works with a major defense firm. John Q. Public, the taxpayer. provide hands-on experience, approaches merucal staff, and proper training and more often He has authored seven books per If Presley'S newfou nd ap proper educational fortitude to discovers that no certification ex than not, these facilities must taining to prisoner litigation and proach is adopted, it will assured oversee the institution, but most ists for that specific facility. rely on outside hospitals to serves on the Board of the ly make these concrete cesspools of all, the ability to make While there may be qualified per- provide emergency and expedient Prisoners Rights Union. counseling. Recommendations and some specific, are intended to • Expansion of Furlough and begin a process of dialogue and Drug Treatment Programs. CROWDS • Six months later, his parole action which must expand. Within the Department's current status was revoked for a techni The California Department of • A moratorium on both the master plan, we need to expand - from page 1 cal violation of the general condi Corrections is spending huge passage of legislation that would the use of furlough/halfway tions of parole, such as a failure amounts of money administering add to the prison population and house programs and drug treat to report to his parole officer. He and expanding a system which on new prison construction. ment programs for the final six The lOO,OOOth was not convicted of a new crime. months of a prisoner's term. He was given 5 additional • Immediate and significant Prisoner months in revocation time by the reductions in the number of There is a 92% chance that Board of Prison Terms. He will $4'i.000 parole violators returned to the 100,000th prisoner is male. probably serve three. It is for this $40.000 prison by diverting non-violent • He will most likely be in his act - or failure to act - that he is $3'i .000 offenders and funding a con twenties. Only twelve percent of currently detained. $30.000 tinuum of revocation alternatives new inmates are over 40. $2'i.000 such as drug treatment, inten • There is a 70% chance he will Costs , $20.000 sive parole supervision, job development and housing be non-white. Using public data, CJCJ was $I'i.ooo • There is a 4 in 10 chance he options. able to compute the cost of hold $10.000 is from Los Angeles County, and ing, incarcerating, supervising • Establish a special commis only a 2 in 1,000 chance he is and eventually revoking the $'i.000 1_~S400~ __~--,.S4 • .I."' .L __ sion to examine the high and dis from Marin or Mendocino. parole of the hypothetical SO proportionate rate of incarcera Typical California A "erage Annual Annual COSt of Prison and ~.role tion for African-American and • The odds are ovcr 3 in 4 that 100,000th prisoner. We have not Larceny-Theft Cost of intenSive FuUti.me Residential COSIS for (OO,OOOth he is a graduate of either the included the costs of this process Crime loss Supervision .Enrollment at Inmate Latino Malcs. California Youth Authority, Jail Probation !1 California SLate The priorities expressed in for the inmate's prior or juvenile University:" or Prison. offenses, if any. California's fiscal and social • There is nearly an 80% policies are skewed. By cutting chance he has a substance abuse Pre-Sentence Detention $ 5,265 funds for Health, Education and history; and an over 70% chance Incarceration 29,553 does not work. The system fails • Passage of a comprehensive Welfare to warehouse non he was under the influence of an Parole Supervision 1,658 to rehabilitate those it incar Community Corrections Act violent lesser offenders in over illegal drug othcr than Parole Revocation 213 cerates and in many ways breeds designed to fund a wide array of crowded prisons, we are effective marijuana at the time of his ar Revocation Time in Prison 6,200 its future "clients." The siphon community correctional ly committing ourselves to higher rest. Still, there is only 3 in 100 TOTAL $42,889.00 ing off of monies which could be programs by utilizing funds that crime in the future. The problems chance he will receive any drug put into Welfare, Education, would otherwise be used to con of California's underclass act in counseling while in prison We can therefore expect Health and Prevention, the unac struct and fund prisons and jails. twisted concert, feeding off of despi te the fact that felony drug California's 100,000th state ceptably disproportionate impact • Comprehensive Sentencing each other. Crime is one indica arrests have tripled since 1980. prisoner to cost at least $42,889. of the prison systcm upon young Reform, aimed at reducing the tion that opportunity and hope • He reads at the sixth grade In comparison, 75 of larceny black men, the over-reliance on numbers of those serving un are lacking; education and level, yet only one in twelve in theft crimes in California in unproductive incarcertative necessary time in prison for human services, more than mates receive academic or voca volved a loss of under $400. warehousing and the lack of minor and non-violent offenses. prisons, are needed to supply this tional education. And although Moreover, the resultant "total" programming are issues which • The reallocation of priorities hope. As California's prison unemployment is one of the main cost figure does not and cannot policy-makers must address. The in the state budget process so population tops 100,000, we urge factors determining recidivism, claim to be comprehensive. The unfortunate tendency of criminal that Corrections ceases to con policy-makers to reflect upon the his prison life will most likely be Corrections Industry, like any justice discussions to degenerate sume its ever-increasing portion high costs and negative results of characterized by idleness, or other, is burdened with indirect into "Willie Horton" or "tough on of the General Fund at the ex our reliance upon jails. The "war minimal work at a prison job im . and hidden costs, including capi crime" rhetoric must not be per pense of Education, Health and on crime" will be better fought if parting few if any skills useful on tal, fringe benefits, workers' com mitted to distract public atten Welfare. As the Blue Ribbon translated into a "war on ig the outside. pensation, external oversight, tion from the state of our justice Commission on Inmate Popula norance" and a "war on poverty." • He was initially convicted for liability, property insurance, system nor to confuse hyperbolic tion Management noted, dollars It's time to stop talking tough, a Property Offense. The odds are transportation and in teragency cases with factual "everyday" of spent on the prevention of crime and to start getting smart on 7 in 10 that he was convicted for personnel. Furthermore, the cost fender statistics. The "tough" at hold the greatest promise for crime. a non-violent offense. figure presented does not include titude of California administra making all Californians safer. • His case was disposed the system costs of apprehend tions during the past decade has • Initiation of a pre-release Vincent Schiraldi is Executive through a guilty plea. ing, arresting, prosecuting and effectively been mere posturing, program that would offer a good Director of The Center on • He initially served 14 adjudicating the 100,OOOth but expensive and harmful non time bonus upon successful com Juvenile and Criminal Justice, a months and 10 days in prison, prisoner. It comes, then, as no etheless. the problems of prison pletion. Such programs would private organization dedicated to after 135 days in pre-trial surprise that according to the overcrowding, recidivism, crime impact favorably upon a promoting the safe and effective detention. N ationa! Council on Crime and rates, drug abuse and public un prisoner's successful reacclima use of community corrections and • He was paroled to Southern Delinquency, we spend an es ease remain, despite more ar tion to society by providing conducting research on criminal California, most likely Los An timated $50 billion on criminal rests, more prisons, and more much-needed programming, and justice issues. Rick Garnett is a geles. He received no pre-release justice, while actual crime losses money wasted. The following would pay for itself by reducing Jesuit volunteer working as a programming and no job search are $10 billion. recommendations, some general the inmate population. sentencing consultant for CJOJ. 6 - The California Prisoner· June 1991 Union Needs You
The following is taken from a helD such as the California of telephone calls for prisoners people we work for are much letter Paul Comiskey sent to State Prisoners Handbook and their families, and we are or· pCY.lrer than we are. They give us friends of the Union and past a nd legal materials from ganizing a carpool program to very little monetary support, but donors to kick off our 20th An Inside/Out Press. help people visit. Eighty percent they are rich in appreciation. niversary fundraising drive. You, We arc relieving jail conditions of the prison population is black At this present moment we our readers, are our biggest sup by our lawsuits against jails in or hispanic and poor. Prisons are find ourselves about $4,000 in porters. We need your help thirteen counties up and down located hundreds of miles from debt to our newspaper publisher, now. the state. The leader of our litiga families, and visiting costs are and we have another issue ready tion is Dick Herman, an attorney prohibitive. to go to press. \V e also have a broken sewer pipe under the Last week the prison popula and Board member of the Every day we receive dozens of tion in California reached Prisoners Rights Union. Dick is a driveway that is going to cost phone calls from prisoners, their another $4,000 to repair. We owe 100,000 men and women. This is very demanding lawyer. When family members, attorneys, and five times the number when we sue a jail, we are very com approximately $5,000 in taxes to other persons asking us ques the government. We are in the Ronald Reagan was Governor in prehensive in our approach. We tions about problems in the 1974. Our state population has deal with overcrowding, exercise, process of moving into a new California prison system. We ad building in Sacramento, and this only grown by one third since visiting, law libraries medical vise many people and make refer that time. We do not, however, and dental care, psychiatric care, PRESIDENT'S will cost us approximately rals when we feel that that is a $10,000 in moving fees and legal have time to get discouraged. and a number of other issues. realistic alternative. Much of our Every day we contact the legisla Other members of the jaillitiga fees. We have a few hundred dol advice to people is how to help lars in the bank. We do not ture and the media to express tion team are Paul Persons, Dan REPORT themselves since there is little that this is a sinful waste of Stormer, and myself. Paul is an receive any money from the By Paul Comisk ey help available for them. We also government or any foundation. human and fiscal resources. attorney and professor of law at respond almost daily to requests We send the California Chico State University. He has We rely totally on our friends. We from the media. We give them in very much need your help. Prisoner to 30,000 prisoners, been doing jail and prison litiga fonnation about prison issues, their families, our friends, all tion for years. Dan Stormer is We will gratefully accept $500, and we also refer them to other $300, $100, or whatever you can California state and federal from Los Angeles and is a noted of prisoners to appear before ad persons who can help them when afford. I will be delighted to call judges, and all members of the civil rights lawyer. We have been ministrative agencies such as the they are writing stories about you and thank you personally, legislature. The paper includes able to get iT\iunctions in twelve Department of Corrections and prisons. We also answer tak.e you to lunch, or do anything information about legislation, of the thirteen jail cases and have the Board of Prison Terms in hundreds of letters from else I can do to show you my court decisions, prison and parole been able almost immediately to their rule-making process. Last prisoners each year. gratitude, including writing you board policies, visiting, medical get a drastic reduction in the jail week we filled the meeting room a letter. I will also pray for you, if care, and much more. For most populations. We have many other of the Board of Prison Terms The Prisoners Rights Union prisoners it is their only link to asking them to allow family h as a staff of five college you wish, so please help us if you prisoners asking us to come to can. We have been engaged in the outside world. Many their counties to sue their jails members to attend life prisoner educated, hard-working people our efforts for 20 years. We are in prisoners write us to ask about for their terribly overcrowded parole consideration hearings. assisted by many volunteers. We rumors they have heard about are not motivated by money. Our a rough patch at this time and conditions. We will get to the The vast majority of prisoners sincerely need your help. new laws or prison policies. They other counties as fast as we can. never receive any visits during total payroll is less than $3,000 also tell us our paper is their The lawyers receive no compen their entire prison term. Our per month. Five of us are living most trusted source of infonna sation from the Prisoners Rights newspaper and support are their on what anyone of us would eam Thank you, tion. We distribute other publica Union for these lawsuits. only links to the outside world. in the marketplace. We are not, Paul W. Comiskey tions to prisoners stressing self- We organize fanlily members We are fighting to reduce the cost however, complaining. The Director DRUG "'ARS
regard for the realities of drug minority communities as drug get the death penalty THE DOCTOR ~L BE use patterns, constitutional law, havens and lawless free fire disproportionately. OUT public health policy and com zones. Certainly there is great President Bush proposes to Before I discuss our nation's munity need. It is a war that is drama in the tragedy of the bru add new weight to the racist drug problems, I want to inform designed to serve the political tal drive-by shootings and other hammer of the drug war. Recent you of an important change in my ends of our government's leader gang activities. And inner city ly he announced a 10 billion dol· services. Each year from June ship: residents deserve their fair share lar proposal that would fund all 15th to September 15th I will not 1) the creation of the myth that of street level public safety that is wrong in our present ap· be able to answer any new mail drugs are a menace to our well resources. But in waging a war proach to the problem of sub from prisoners asking for medical being; on drugs, police are violating stance abuse. Seventy percent of information or advice. Those to 2) the criminalization of our citizens' civil rights with a ham Bush's funds would go to law en whom I have already been writ na tion's poor; mer that threatens everyone's forcement. One billion dollars ing will be answered in as brief a 3) the enhancement of the ap constitutional protections. would pay for a program of US way as possible during the sum paratus of social control over our Street sweeps are commonly military activities in cocaine mer months. I do this to give citizens; used in which all black or brown producing nations of South myself time to work on new 4) the diversion of attention males who happen to be in a cer America. There is little money in projects and also to take a vaca away from the important social tain area are arrested. They are Bush's drug budget for drug tion. The California Department concerns of education, poverty, SICK usually arraigned and detained treatment or education and no of Corrections (CDC) creates an unemployment and community even though there is no evidence money for diversion programs, endless number of complaints development. and the probable cause for job training, housing or com· from prisoners about medical ser CALL suspicion was only their skin munity development. Cities and vices. I want to devote more time THE MYTH color. counties will have to come up and effort confronting the CDC's By Core y W e inste in. MD. A drug courier proflle is used with their own funds for support lack of medical leadership, under Drug use is a symptom of the to identify suspects. This means and treatment of drug users. despair of the American people. funding of health programs and High school seniors use alcohol that people of color who are A program of community over all substandard and illegal We use drugs to soothe the pain dressed in a certain manner or rehabilitation is needed in which of daily life. A high incidence of 10 times more often than cocaine. medical service. One such effort Recent studies indicate that are driving a certain expensive the average citizen has Ii pay in that the PRU has undertaken drug addiction is proof that car are subject to harassment the development of treatment, Americans are not happy and not cocaine use is down 50 percent recently is a lawsuit that among students, while cigarette and arrest. The press reports this education, housing, job and demands that the California fulfllled; proof that we would when a rich professional athlete nutrition programs. Such a rather make ourselves oblivious smoking has declined 25 percent Department of Health Services and alcohol use only decreased 16 is pulled over for no reason. program would be a serious effort enforce current licensing laws. to the suffering of our inner percent. Greater police power inevitab to deal with the causes of dru~ This would require CDC and world. ly leads to an increase in police use among Americans. ThE There is a drug crisis in the President Bush has created county jails to either stop the the false impression that illegal abuse. The police begin to believe present war on drugs is a clear ef· operation of their now illegal USA. Substance abuse, as drug that they have the authority of fort to push aside and contain addiction is called, takes a ter drugs are our main problem and health facilities or bring the also that it is a problem of judge and jury to hammer out poor people while eroding civil clinics and infirmaries up to rible toll. There are enormous punishment in the designated liberties for all people. health care costs, and loss of minority youth . The word licensing standards. If we win, minority is used to mean African communities. Individual drug use is a medi· productivity attributable to As the arrests for drug offenses this suit might improve health and Latino American youth in cal issue and drug abuse is a services for all prisoners in drugs. But our leaders choose to increases (250 percent in the last public health problem with a ignore the dominant substan~e our ghettos. Studies of high 6 years) and imprisonment rates California. school students show that drug solution only through social abuse issues, using all of their climb, whole communities are measures, not the criminal jus· powers of media hype and use including alcohol is most DRUGS AND WAR common among white boys and criminalized. The USA has the tice system. The most effectiVE manipulation to convince us that largest criminal justice system drug treatment programs after. Many prisoners are serving only illegal drugs - especially least common among Asian sentences for drug-related Americans. More than 80 percent and the highest rate of imprison involve helping addicts becomE crack cocaine - are a problem. ment in the world. African effective actors in their live! crimes. Still more tested positive The fact is that 99 percent of of the drug use is done by white for drugs at the time of arrest. people, but 80 percent of the ar Americans are 8 times more like through social support ano the deaths from substance abuse ly to go to prison than Anglo education. Many are now in prison on tech are from tobacco and alcohol. rests for drug-related activity is nical parole violations related to of African Americans and Latino Americans. There is a 1 in 4 Creative empowered peoplE Cigarettes cause 300,000 deaths chance that black men will go to have less potential for drui drug use. a year and alcohol causes around Americans. Law enforcement has Prisoners who write to me singled out people of color in prison. There are more black men abuse. And powerful people will 125,000. Added to this slaughter between the ages of 20-29 under verify that, yes, there is a drug what amounts to an attack on demand their fair share of life'l is the 40 percent of the 50,000 an control of the criminal justice war being conducted in the USA. these communities. benefits. Our government fearl nual traffic deaths that involve a system, than there are black men But it is not a war against drugs. powerful poor people working fOi alcohol intoxication. In 1985 only of all ages in college. African It is a war against people, against THE HAMMER self-development and socia 3,562 died from illegal drugs. Americans receive more frequent change. Yet self-developmenl American citizens. It is a war Among young people ages 15-24 The media and politicians and longer sentences for the and social change is precisely th~ that is waged against minority alcohol is the leading cause of have stigmatized our poor, same crL'lle as whites and blacks solution to the drug crisis. communities in complete dis- drug-related death. June 1991 • The California Prisoner - 7 IIangingin There
With each year that I am in cern when people hear that I am down, freeing up a lot of pain. For chance? volved with the prison circuit, I involved with a prisoner. They al the first time in so long, I could A: I have a whole life out here witness a core of visitors who con ways question my motives and allow myself to feel the true ex which is not dependent on tinue to come, no matter how far sanity. It is potentially destruc tent of the misery from visiting society's attitudes towards him. I or isolated from home the prison tive unless you really know your behind glass. believe he will find a way to func may be. The following is my en needs and have the ability to Q: Now that it's been a few tion productively. counter with a woman who has project your confidence outward. months of contact, how is it hung in there for several years. Being older helps since I have al going? Do you have any fears? Q: From women you've Q: How long have you been ready been in more typical A: It's fabulous, better than been visiting, what's a com visiting, and in what kind of relationships with other men, any fantasies. We are involved in mon gripe? custody? and have raised a family. These a healing process. There is al A: That the men don't believe A: My friend and I have had experiences have made me more ways the fear that the visit will them about fidelity, where it is phone visits for the last seven fully aware of what is involved in be snatched at any time. Every an issue. I can understand their years and now we have mainline this type of commitment and so I moment is absolutely precious. I insecurity. In situations where visits. am able to give myself more com don't think we could ever take for women have agreed to maintain Q: How did you cope for so pletely. It takes a Jot of strength granted the luxury of a private fidelity, it is hurtful and insult· long with non-contact? What and maturity to see one's way word or touch. ing not to believe the loyalty that got you through it all? through the unique hardships of FAMILY is being preserved in the midst of Q: Do you worry that this so many temptations and loneli A: I knew it would be a long waiting. relationship can make the stretch, and I did my best to take Q: What about those ness. the men should honor their TIES transition to the outside woman's struggle in this area. it one day at a time. It helped weekend evenings, when you world? that we wrote each other daily; see couples out together? By .l oan Ruiz A: I recognize that there are no Q: What impact does your that kept a sense of continuity. It A: It is very hard because I guarantees in any relationship. I visiting have on other areas want him with me. At the same wasn't important what was said. also know it will be difficult and of your life? I just needed to see the envelope time, I know he will get out even there will be tests on many new A: It has heavily impacted in my mailbox. That reassured tually, and I made the decision Q: Did you worry that after levels. But, I feel we've already every area. I now work part time that he is what I want and is such a long period of time, me that I was being thought been through instead of full time, in order to worth waiting for. so much together, about, and that he was ok. that when the day finally that we can withstand and grow have free days to visit. I spend it Another thing that helped me Q: How does weigh came to be reunited, that he from any challenges more time away from my emotionally? that come cope, was finding other women in might have a fear or paranoia our way. children and friends. I have the the same situation, as this A: During the time behind about touch? additional wear and tear on my relieved the emotional isolation. glass, I spent a lot of time crying. A: Yes, it crossed my mind; it Q: Would you argue that car, as I put over 1,000 miles a Q: What about your friends There would be a line in a song, was a possibility. Especially prison relationships have a month traveling back and forth who couldn't sympathize and it would make me cry. Some when any touch in SHU carried strong one-sided component, home to the prison. The expenses with your situation? times I'd allow myself just the with it the chance of mortal with the visitor being the ac of visiting are not just gas and oil, A: Some people aren't told. I thought of touching him again, danger. I was prepared for the tive partner? but food and lodging which adds don't have enough energy to con and that would make me weep. It fact that he might not be relaxed A: In many obvious ways this up to quite a sum. And last but front everyone's prejudice, as the is often impossible to go to the with contact, and I was ready to is true. But what I'm getting out not least, I am emotionally media has presented a distorted movies because it is too difficult give him as much time as he of this relationship is on a private drained by prison concerns. view of prisoners and the kind of to watch people touching and needed. level, so for my needs, it is women who visit them. My close kissing, and having each other's Q: How was it for you to balanced. Q: In closing, based on all friends are supportive, because company. hear that SHU was finally you've said here, what is the they know me Q: What do you think of Q: Some would contend on deeper levels. over? that inmate/outsider relation most ongoing difficulty you Q: Have you questioned CDC's policy of non-contact, A: After all the years of dream ships are built 011 a need for are coping with? your motives for continuing that contact Is considered a ing and hoping, I didn't allow A: What is the most difficult privilege? control and arms' length in such a relationship? He has a myself to believe that it could timacy, because you aren't for me, and I can safely say for lot of time to serve, correct? A: I think that prolonged non end. My experience made me un many others in my situation, is contact is the most inhumane able to trust or become emotion with the person on a 24-hour A: When women are involved basis. the serious and ongoing attacks in this situation, it is very impor aspect of incarceration. Touch is ally invested in the promises of A: Let's get this clear. I want to my self esteem. There is a tant to look deeply within and ex an essential need to maintain CDC. This would have been the never-ending barrage of negative mental and physical health. The cruelest joke of all. him with me. I'm not in this be· amine where you are coming cause of the distance created by remarks based on society's most painful thought I have Q: What was it like driving from. This is an ongoing process. the prison structure. I love him preconceptions regarding the na Part of what.I've done is speak to abou t his time in SHU is the ten to the prison for that first ture of prison relationships. years he endured without ever contact? and want to spend my life with a counselor on a regular basis, him on the outside. Well visitor, your loved one which helps me explore the com being hugged. I can't imagine A: I was a bsolu tely terrified inside is quite fortunate to plex issues involved in making a how anybody cannot be affected and excited. I cried all the way Q: How prepared are you have you in his life. commitment to a man in his on a deep psychological level with there. All those years of pent-up for society's unforgiveness In I wish you both the very situation. This is the main con- this kind of loss. emotion and now my guard was giving him an economic best!
Celebrating 20 Years of Progress Resource PRISONERS RIGHTS Guide Updates UNION ANNIVERSARY As corrections and updates are 751 W. Santa Ana Blvd., Suite page 40 made available to the Prisoners 101 Crossover Rights Union, they will be Santa Ana, CA 92701-4599 DINNER printed in The California (714) 836-246712468 Communications, Prisoner. The page number Inc. listed refers to the page that the page 30 433 East Main St. #10 person, court, or organization is Ventura, CA 93001-2642 found on in the 1991 Resource (805) 648-3744 PI.ease join us Guide. Information in bold is the State Public Defender updated or corrected material. - Sacramento page 41 SATURDAY, JULY 13,1991 801 K Street Suite 109 St. Ignatius College Preparatory page 4 Sacramento, CA 95814 Human Rights 2001 37th Avenue, San Francisco (916) 322-2676 Resource Center Metropolitan $50 DONATION page 32 Detention Center Human Rights Resource Center Reservations required by July 7, 1991 Community is listed as an informational Call (916) 441-4214 for details. (This was incorrectly listed as the ENDEAVOR News clearinghouse for criminal jus Medical Detention Center.) tice, education and human rights related topics. THEY CANNOT page 6 Sample issues only of the PROVIDE ANY DIRECT SER ATTENTION PRISON ADVOCACY GROUPS newspaper will be distribu ted VICE. Note this in order to save State Board of Control free of charge. A special prisoner time and stamps. The Prisoners Rights Union is celebrating 20 (916) 323-3432 rate of $9 per year is available for years of service and progress in July. Please prisoners wanting to subscribe. page 45 page 11 come and share this time with us on July 13, page36 Delancy Street 1991 at our Anniversary dinner. We would like Central District Foundation all Prisoner Advocacy groups to set up a table at AIDS Legal of California the dinner to share services and ideas. Referral Panel Delancy Street was incorrectly In addition to the Los Angeles Of 114 Sansome St., Ste. 1103 listed as providing employment Deadline is near ... please contact Judith fice, there is also an office in San Francisco, CA 94104 services. They offer a drug treat Hedges at (916) 441-4214. Santa Ana. The address is: (415) 291-5454 ment program. 8 - The California Prisoner' June 1991 June 1991 • The California Prisoner - 9 - Year ~trugg e
- Past lJolunteers and members of the Prisoners Rights Union were asked to share reflections on their experience working with the Union. Here is what four of The Prisoners Union, the name and the organization, originated in the 1970 Folsom strike. That summer, a Looking Ahead them had to say ... group of Folsom prisoners wrote and distributed a "marufesto" of demands and announced that they would go on strike on November 2, 1970. By Paul W. Comiskey tions in their jails. In the next will retain all of our present staff • five years, we hope those suits and continue to recruit more The morning of the second, the vast majority of the prisoners remained in their ceUs, and by the end of the day What does the next five years have successfully concluded and people who will stay with us. A Strength In nUDlbers the warden had locked down the prison_ For four weeks, the prisoners refused to leave their cells. Finally, after hold? Who knows? It's fun to give that we have filed an equal or part of that trend will also in greater number of suits against volve raising more money so that California on the days leading up created awareness by forcing they ran out of tobacco and extra food and the batteries in their radios gave out (which cut them off completely a try at foretelling the future, but By Kimberly Grob people to face the uncomfortable a/1;er reading what I wrote five more counties and also some we can give people a living wage. to Robert Harris' scheduled ex against The California Depart ecution. We thought it couldn't and challenge their own beliefs. from the outside), they ended the strike. years ago at our Fifteenth An Anna Gregorian is working on I t had been over 22 years since We made California think, if only niversary, I know how difficult it ment of Corrections. our carpool project and we hope a death row inmate in California happen here, and yet it was hap Some of us OJ) the optside who had been supporting th~ strike by holding news conferences, picketing at Folsom for a moment. . is to predict what will happen. Inside Out Press has steadily that in five years we will have a had been executed. History was pening right before our eyes. Al improved since we have taken it though I knew I must do someth and appearing on radio talk shows considered continuing the effort initiated by the Folsom prisoners by organizing We are presently completing successful program established in the making at the gates of San That day on the bridge the move from San Francisco to over and we intend to continue that helps thousands of people Quentin as hundreds of men and ing to express my outrage, I felt a "union." Tbeir Utb demand was that " inmates be allowed to form or join labor unions." We had been helpless in many ways. epitomized the importance of the Sacramento which began in this important work and expand each year with their visits. women converged at candlelight work and sweat that had been organizing and working with a variety of prisoners' support groups, but not a "union" along labor union lines. August 1988. We have sold the our offerings. In the next five years, there vigils only days before the The week before the scheduled put into a year of volunteer ser The idea seemed right. At the time a growing number of prisoners in California (and other states) were building in San Francisco and will probably be a lessening of scheduled execution. Meanwhile, execution, I joined hundreds of vice. I learned that we are not becoming involved in collective activities to change the prison system and their situation. Among other things, they are in the process of selling our Our staff has been growing the trend to build and pack residents in this little Marin protestors in a march across the alone in our struggle, and that present building. We hope to soon since we came to Sacramento. prisons, but the prison system County community and com Golden Gate Bridge in San Fran the strength and courage of a wanted the right to work for a wage and more pay for th'e work they did in prison. We thought that by organizing announce our new home in Our full time staff for years con will probably still be very large. muters on their way through the cisco. We wore black. We carried small group is tremendously a labor union, we might obtain these legitimate objectives and the others we had been pursuing, such as expanding Sacramento. It will be larger sisted of one or two Jesuit Volun There will be more community town vehemently complained a coffin for each person executed powerful compared to the silence than our present building, will teers. We now have Judy Hedges, based corrections. Unfortunately about the traffic back-up the since the death penalty was of the masses. the almost non-existent prisoner rights and eliminating arbitrary and highly punitive sentencing systems. have parking, and will have a Jacqueline Henss, Anna there will still be a strong trend peaceful protestors were causing. reinstated. We cried. We So, in the winter of 1971, a group of 50 or so ex-prisoners and activists who had been working on prisQll-issues better heating and cooling Gregorian, and Cynthia Edmon to solve problems by locking The year was 1990. I was a laughed. We marched. And our system. ton in addition to our Jesuit people up. We do not expect to organized the 'California Prisoners Union." Jesuit Volunteer and editor of voices were heard. We were Kimberly Grob served as editor 1 We are improving our ability Volunteer, Kimberly Hubert. have worked ourselves out of a The California Prisoner. Times jeered at as well as supported to The California Priso1J£r as a This was taken in part from an article authored by John [rwin in 1986. Irwin is an ex-conviClllnd a (ounding member of the Prisoners Rights Union. to keep up with bills in the legis Cynthia is the coordinator and job. were terrifying and trying in that day on the bridge. We Jesuit volunteer from 1989-1990. lature and will hopefully gain trainer of volunteers and has staff with more experience and recently · recruited two excellent Paul Comiskey is an attorney and PRU makes headlines through the years... more time to devote to legisla and dedicated volunteers: a Jesuit priest. He has worked on tion. We hope that translates into Julious Watson and Mike Bunch. behalf of prisoners and their The beginn1ng years being a more effective voice. Fernando Ferrer also volunteers families with the Prisoners WHEN OUR UNION SPEAKS - THE WARDEN FREAKS . C We are now involved in suits faithfully by responding to Inside Rights Union since 1974, and struggled to compensate for the Writing for the Outlaw, analy against thirteen counties over Out manual requests. We hope currently serves as Director of the massive lung scarring ever since. By Frank Smith zing prison labor issues, and the terribly overcrowded condi- that in the next five years, we organization. I did over four years, and got five doing publicity and community . s Union Union meets With CD , In 1960, I spent a month in the parole. organizing helped me to better Tombs, followed by three more in In 1970, still angry about understand the legislative sys pnsone~s to threats rJc~'f.e PriSon develops strategy tor 1980 a penitentiary on Riker's Island prison health care and working tem, and when I left daily work A history of jail suits for possession of 7 dollars worth conditions, I joined a collection of at the Union, I decided to work on res~~ting rights e 7>'~ ers Union of weed. I lost a couple of teeth ex-cons, lawyers, students and the passage of two then-dormant State and a well-known civil deterioration of prisoners, and there to quack dentistry. Less other radical and progressive bills in the State Senate. One to v's ~~~ Native Americans gOes to M . By Dick Herman rights advocate; Dan Stormer, which are unsafe and dangerous. than two years later, I got 5-20 men and women who formed the would have given workers' com The Prisoners Rights Union The PRU began a series of law prominent "lawyer of the left" in years for possession of 65 dollars core of what was to become the pensation to convicts and the Los Angeles and PRU counsel has now coordinated many law worth of smack. An appeal cut Prisoner's Union. We rode a tide other provided unemployment in C' ~ S k S t L d ex/co suits addressing conditions of suits. The very name Prisoners 0 confinement in jails, beginning who successfully argued County this to 2-10 while I was working of activism born of minority con surance. By 1978, both of these o .~ r ~{\ ee wea ge · s of Riuerside u. McLaughlin to the Rights Union often draws the in Soledad's furniture factory, sciousness, the opposition to the bills had become law, largely be with Lassen County in July 1989 response that "prisoners have no Oble and continuing with Plumas, Supreme Court this year; and breathing fumes from a badly Vietnam war and to the exploita cause of the political education I • "::)V'" myself, Dick Herman, jail lawyer rights." Prisoners have rights ventilated tank of sealant, glad I tion of wor kers such as grape and received in the Union, and the ~ ~ SB 42 . AB 1440 •AB23U \J tliotl. t.a~:~o (ot Nevada, Yolo, Placer, El Dorado, and the Federal courts are the Shasta, Kern, Stanislaus, and and director of jail litigation for wasll't working in the paint lettuce harvesters. We were contacts I had made while there, tt the PRU, primary guardian of these rights. booth. A year later I was in flushed with the excitement of and the help of Peter Behr and ~ ~ THE SENTENCING snuaE . ~~~ oppoSl e\\ing Tuolumne Counties in 1990, and The more serious question is, Soledad hospital with valley the potential of change in the Kare Anderson. I had been run Sacramento County in 1991. In We have had outstanding as why would anyone enforce the fever contracted a t a conserva most oppressive system in the ning an ex-cons' service center for every case, except Shasta, there sistance from local counsel and rights of prisoners who are, after tion camp, and untreated despite western world. two and a half years, by this .§ ~ ~ ...~f::,~ double-C is a preliminary injunction in their staff in many of these law all, outlaws? For county jail my requesting for three months I worked intermittently on time, and had a staff consisting cluding, at least, a population cap suits, including Harold Abbott (a prisoners, the answer is easy. to see a doctor. Another quack at Union projects until 1974 when I in large part of Union members on the jail or jails. We have also former district attorney of Las Anyone can wind up in county c: _(\lOs:': :::....~ke ~~"', Female pris~ners at C.I:~. addressed medical, mental Soledad botched my diagnosis, visited many Swedish prisons, and supporters. I was proud to be sen County) of Susanville, Las health, dental, staffing, judicial jail. Anyone in a county jail can and I was sent to the hospital at where our ideas had been copied a participant in class actions ~ ~ I$ide "'oils ~\) challenge pnson's refusal to sen County; Ramon Magana of suffer all the abuses, major and Quentin to cover the Department and spread to Denmark, Norway against the prison system. determination of probable cause, Modesto, Stanislaus County; law library, outdoor exercise, petty, without immunity. As im of Corrections' medical malprac and England, as they had been in ~ "'0 gnancy provide adequate toilet facilities Michael Jackson of Quincy, portant, prisoners in county jails tice. I had been a national class other states in the U.S. I was dayroom, visitation, telephone Plumas County; Steve Munkelt QJ access, discipline, and other is are released back into society. marathon runner before being a ble to take off six months then, Frank Smith worked with the 6::l Legislation improves pre . . of Nevada City, Nevada County; Decent treatment and conditions sent to jail to keep me from hurt Prisoners Union during his sues in our litigation. We have Eric Berg of Redding, Shasta to work in our old 18th Street of obtained orders and enforced or means that we will not poison our ing myself with drugs, and have fice in San Francisco. beginning years in the early 70s. County; Mike Webb and Heberto society with maltreated prisoners care conditions at.county ]ails ders to see that no prisoners are Sala of Bakersfield, Kern Coun ~ ~ AIDS ~ sleeping on the floor in any jail upon their release. ty; and Jim Glick of San Bernar we have sued. We have tried two dino in the San Bernardino and We also, as a civilized society, Years later after the fall cases. Lassen County (a "small Riverside Counties lawsuits. have an obligation to see that California Prisons jail" case) and Kern County (a prisoners, all prisoners, are safe, ing to the authors of this piece, is through the train toward the rear ~ .5 U-?,on devel ~ ~ In our litigation, we have fol "large jail" case) both before lowed the principles of obtaining that they are not assaulted and By Catherine between those who say "I am where the dining car is, and in Federal Magistrate Judge that their serious medical needs responsible for my own that crowded space I found a seat the best conditions for jail p PI1SOn· °PllJg Po"! -~ Moulds in Sacramento. Although prisoners by being both aggres are met. Finally, we must recog Campbell condition" and those who blame across from an absolutely stun riso h ~ the trials are completed, there is nize that we are all members of others. Of course, what that ning blonde. She woke up just as ners Ri llJ.,l.-_.-. ucy on sive and flexible. It is a matter of When I got on the evening not yet a Final Judgment in policy that no prisoner in a coun the same society, prisoners and train leaving Fresno for San means - what it has always I sat down, looked around in a Lassen Co g ts Union Tak 'C'-Q5Q1es either. free. Our litigation will not cause way ~ ty jail sleeps on the floor and in Francisco, I planned to spend the meant - is that those whose that usually sells shampoo, On May 16, 1991, we recited in the walls of the county jails to "condition" is acceptable continue and wondered aloud why she had our conditions' litigation we have next few hours writing thoughts unty Jail to Counes Join Us - March Against~ open court the terms of a Consent strictly adhered to this principle. crumble, but it should eliminate on the many years I have been a to take credit for their successes, forgotten to bring her cellular Decree ending the Yolo County the most inhumane abuses. If our as if they had conquered over phone. Then we both noticed that We also oppose beds in dayrooms, member of the Prisoners Rights Jail litigation which incorporated and have fought for prompt judi society is to be a just society, we Unio'n. Instead, I read the recent whelming odds to create their the train had stopped, in no ap the end of the use of rubber cannot practice inhumanity to lives, while those whose "condi parent location, and that the con ·t results san State KilUng cial probable cause determina Atlantic Monthly lead article: rooms, daily outdoor exercise for tions. We are opposed to the use our fellow human beings in the ''When the Official Subject is tion" is unacceptable continue to ductor and brakeman were con all prisoners including those in name of our society. The punish see themselves as victims of in ferring by - what luck! - cel Pill) \aWSU~ decision qUe nfin ~ of rubber rooms for any purpose 6 ment for crime is separation from Presidential Politics, Taxes, Wel disciplinary isolation, CMA ac humane political design. lular phones. "I wonder if they and have fought for adequate fare, Crime, Rights or Values, the at Ul creditation, adequate law library mental health care for the many society, not abuse in a jail or Real Subject is Race." The new After I had read enough to en \andtn nOseS e CO '" contents and access, and access prison. Society is a single entity. See FALL on page 10 in our jails who are in desperate domestic line in the sand, accord- have the shakes, I staggered for plaintiffs counsel to monitor need of care. We are opposed to The cru·elties practiced on any I Dn.ion o~;tdcdo~s A-~.. SU\lt'e~ tot' compliance. double bunking, which is, unfor member of our society we prac In addition, the Prisoners tunately, the "solution" we see in tice on ourselves. When a Union gives second chance ?at'o\e eti\\O\n~ '1\ctO{\es \.)0\00 Rights Union is involved in many jails. We oppose triple prisoner is degraded, our society litigation aganst Riverside and bunks as unnecessary and is degraded. Humanity and my living successfully on the and he encouraged me to seek San Bernardino Counties about another indication of over; humaneneSs are not empty con By Jimmy Price streets were stacked well against work with the Union when I I :\. ~o\Sof(\ . NATIONAL P.u. Pt'\sOoet's prompt judicial determinations crowding. cepts if the courts will translate them into concrete orders. me. paroled. of probable cause, as decided by Approaching the summer of Upon my release I met with the U.S. Supreme Court in our PRU brings the lawsuits seek 1982 I felt more and more That's when I met Art Paul Comiskey and John Irwin favor on May 13, 1991 in County ing justice, seeking humanity, anxious as my June parole date Bergeron, an East Coast cor and we worked out an arrange ,tie S\t'\"'~:t' 0\ "S CON ference &STlPl&S of Riuerside u. McLaughlin. and seeking humaneness. Indeed Dick Herman is an attorney drew near. I was doing my third porate attorney who had taken a ment that would allow me to go to This litigation has been this is the fundamental constitu who works to bring lawsuits on number for the Department of year from his practice to do some school full time at S.F. State brought by a core group of four tional principal which is the prison-related issues. He is the Corrections and I really wanted volunteer work for the Prisoners while serving as editor of the I ~ne suf(\ Prisoners' rights .1,allON T attorneys: Paul Comiskey, the heart of our litigation. There are director of jail litigation for the to make it my last - I dreaded Union. Art had taken an interest legal counsel to the PRU; Paul conditions in jails which cause Prisoners Rights [;·nion and ser yet another "revolving door" ex in me and my experience as \.\ \ conference bears fruit till' ves on the Boar.~ of Directors. See CHANCE on page 10 Persons, a professor at Chico the physical and mental perience - bu t I knew the odds of editor of the San Quentin News I June 1991 • The California Prisoner - 11 "prison movement" surging aspect of prison life, and typically through their gates to release all have the force and effect of law. ·HISTORY convicts. After decades of benign - from page 1 neglect, they were being harshly Prisoners fight to criticized in major media. Prison organize would be nothing to stop a officials felt besieged, and were m aj ori ty of du ly elected quick to censor or ban letters and In 1975, the Union was able to Republicans from banning all literature that seemed threaten hire its own lawyer. A statewide meetings of Democrats and auto ing - in 1972, they were campaign to organize California's workers, forbidding newspapers threatened by virt',ally prisoners into a union was that criticize Republican actions, everything. launched. Because the greatest a nd perpetll ating itself until convict response came fr om Doomsday. PRU goes to court Soledad, the Union concentrated Minorities need free expres When the Union began its legal fire Oll backing up the sion in order to convert them publishing its newspaper, it was prisoners who actively selves into majorities. Insular called the Outlaw in honor of a represented the Union. Union minorities, like African paper surreptitiously printed be supporters were everywhere in Americans or prisoners, need hind the walls of San Quentin Soledad, inviting Union sym constitutionally guaranteed free and distributed to San Quentin pathizers into the prison through expression in order to breathe; prisoners that continued to ap various organizations to give otherwise, a temporary majority pear in spite of several full-scale speeches, writing newspaper could simply pass a law sealing cell searches by San Quentin offi stories about the speeches after their lips forever. Although the cials. Folsom Prison flatly they were made, wearing but constitutional guarantees of free refused to allow the Outlaw in tons, ~igning up new members, expression exist to limIt excesses side, regardless of its content. petitioning for improvements in of a majority, they are not elitist. In the early 1970's, there were the prison's workplaces, and sub They make no prescription about several law firms funded by foun mitting proposals to Soledad offi what is best to do or how to do it. dations set up to do nothing other e~ cials for Union meetings. They are the most important than litigate on behalf of The whole concept of unions as laws that we have. The Union's prisoners. It was not difficult for a different way to run prisons court battles, and most of its lob the Union to find a competent was much in the air during the bying, have aimed at vindicating lawyer to sue prison officials on 'P~ early '70's. Failure of the old one aspect or another of the behalf of jts censored newspaper. military models was thought to freedom of expression. The Prison Law Project went into have been clearly shown by At Sacramento County Superior tica and other prison riots. A Background Court and obtained an order that ~~ quasi-industrial democracy required Folsom to allow copies model was discussed in columms Courts had little or nothing to of the Outlaw to reach any con and interviews. Law review ar do with prIsoners until the post vict subscriber. ticles described the pros and cons Civil War Civil Rights Act was The Union later became in of organizing prisoners and chan made applicable to incarcerated volved in much more complicated neling their expressions of people iI, 1964 (Cooper u. Pate and visible litigation, but the grievances. Judges talked about [1964] 384 U.S. 546). Convicts most useful intervention on its the idea in the course of deciding By R.G_Hall jT then began to test the judicial own behalf ever received from a whether letters recruiting waters in a variety of arenas, court was this earlier Superior Death statute remained on the Bureaucratic screw-ups prisoners as union members from First Amendment problems Court one-page order. The Out books in California. These abounded; a prisoner would be could come into prison. of communication by letters and law percolated steadily through statutes, remnants of the Roman told to improve his social Meanw hile, actual unions of visits to general conditions of prison walls, and soon made the Empire, effectively infantilized presence by joining a speech club prisoners, both legal and illegal, confinement. . Union known around the entire prisoners by making it illegal for one year; the next year, he would sprang up in Minnesota, As more and more segments of country. them to marry, make a will, sign be told by a different parole board Washington, Ohio, Rhode Island, society became alienated from Litigation, we learned, can contracts, sue when damaged, panel that he should have and North Carolina. central authorities in the late also be a swamp of delay that read what they chose, or exercise repented and gone to church. The union debate gathered 1960's, support for prisoners sucks up an infinite amount of any of the prerogatives of adul Between the deliberate suppres momentum until the North came from people who earlier had energy and resources. In 1972 thood. Courts had chipped away sion of dissent and the Carolina Prisoners Labor Union never noticed jails or peniten the Union sued the Department at its legality by recognizing nightmarish confusion over what made the mistake of taking its tiaries. The Prisoners Union was of Corrections in federal court limits on the powers of prison of one should do to get out, the ISL grievance to federal court. It won formed in early 1971,just before seeking to stop the practice of ficials to censor or ban reading came to be seen as the chief bane - but, like frogs waiting for a fly, the period of greatest strife and depositing the interest from material and correspondence. of prison life. the U.S. Supreme Court snapped bloodshed inside prison walls. prisoners' money and profits Finally, in 1975, the Civil Death The Indeterminate Sentence up the case. In Jones u. North The Union's goals were to see from the sale of their paintings Statute was abolished, and Law had powerful support from a Carolina Prisoners Labor Union three major changes in the law: into the Inmate Welfare Fund, replaced with the Civil Rights coalition of conservatives inter [1976] 433 U.S. 119, the high the abolition of the Indeter and to make IWF accounting statute (penal code sections 2600 ested in keeping the gorillas lock court made it clear that the Con minate sentence; the restoration practices public knowledge. The and 2601) that is in effect today. ed up forever and liberals inter stitution extended no ·First of civil rights to prisoners, includ district court judge threw the The passage of this law was an ested in getting boy scouts and Amendment rights of association ing the right to organize; and the case out. On appeal, the Ninth unqualified victory that has ex erring executives out early. The to prisoners. payment of a living wage. Our ex Circuit held that the Union had panded opportunities to stay Union argued for equity, and Because the United States perience has taught us to be care indeed stated causes of action alive or grow while incarcerated. pointed out that those who sorted Supreme Court is, for better and ful of what you want, because you (Holder v. Nelson [1975]509 F.2d The same cannot be said for the people into piles of good and bad worse, the last word, general in just might get it. 1091), but the passage of three other important legislative had no real idea of what they terest in the topic ceased. Money were doing. We were prepared to dried up, discussions no longer see slightly longer terms, or more appeared in print. Interest in quantitative time, in return for prisons was generally waning. the better qualitative time that In Monterey County however, The Union's goals were to see three major changes in certainty provides. The Union things were jumping. The worked harder than ever, using Union's first foray into Superior the law: the abolition of the indeterminate sentence; the all our connections and resour Court on behalf of its members ces, to undermine the Indeter blocked Soledad from keeping out restoration of civil rights to prisoners, including the right minate Sentence. We were not letters sent by Union Stewards. to organize; and the payment of a living wage. prepared for what happened This quick success heartened when we got our wish. Union activists and helped gain With the passage of Senate new members and support. Bill 42, the ISL was abolished in Union members on the outside 1977. It had lasted 60 years; to obtained the right to carry mem our horror, its successor lasted bership cards from the Depart Voices rise in protest years proved fatal to the lawsuit. change during this time period - barely 60 days. The process of ment of Corrections' top ad The attorney had moved on. The the abolishment of the indeter jacking up sentences, of each ministration. When Union but The Attica massacre took place world had changed. Some of the minate Sentence. legislator adopting a pet crime tons were banned, the Union in November 1971. All through abuses complained of in the ini It is difficult to recall, in this and increasing its term, everyone went to court (In re Reynolds 1972, revelations from the inves tial lawsuit had been corrected, age of prison sentences that are voting for everyone else's bill, [1979] 25 Cal.3d 131). When a tigation that followed emerged, while new ones had appeared. . spiralling upwards beyond all began right away. We have seen leading inside activist, Willy the most dramatic being that the The case was not pursued_ reason, how hated was the In the ugliest face of democracy, a Brandt, was kicked out of several guards who were killed in determinate Sentence. In the Old nervous pandering to fears in Soledad in the middle of the Attica died from bullets that New policy made Days, between 1916 and 1977, a such a way that the fear's roots night and sent to an Oakland came from the weapons of Na through legislation prison sentence for burglary are ignored. Prison terms are work furlough center, he suc tional Guardsmen. Here in would be from 6 months to life in now insanely long, and our ceeded in obtaining ajob with the California, an eruption in San Society's interest in prisons prison. The average time actually prison population insanely high. Prisoners Union - and when his Quentin State Prison in August was also reflected in the legisla served varied, depending on the Would it have been different or mail back to brothers inside of 1971 led to the deaths of two ture in the early '70's. Some very individual and on whether the better with sentencing power Soledad was blocked, the Union prison guards and four convicts, sensible bills began to pass, only governor would want to be seen still in the hands of an appointed again went to court (In re Brandt including George Jackson, an ar to be vetoed by then-governor as "tough on crime," or "fiscally commission rather than elected [1979] 25 Cal. 3d 136). ticulate writer who had become Ronald Reagan, but the legisla responsible"; it was a simple mat officials? We often wonder. When University of California an icon to many people who ture continued, until Democrat ter for him to direct his appoin Finally, a little-noticed law labor historian Norm Amundson sought to reform or abolish Jerry Brown became governor. tees on the parole board to loosen passed in 1975 that made the spoke to Soledad prisoners on the prisons. As public curiosity Brown did not initiate any laws or tighten the faucet. Under this Department of Corrections and potential advantages of a union, mounted, a window of oppor or rules of import, other than a system, real power lay in the the parole board (which has suf and when the governor's extradi tunity appeared for prisoners to last-minute effort to salvage the hands of the parole board, an ap fered an identity crisis in recent tion secretary, Alice Lytle, was express their point of view. Indeterminate Sentence, but he pointed agency, rather than in years, going from the paternal handed a petitIOn by Umon mem For decades, prison authorities did allow bills affecting prisoners the hands of judges or the Adult Authority to the socially bers requesting that a union be had been accustomed to getting to become law. The most impor legislature. concerned Community R~lease formed, articles were written for their way at all times, without tant of these was the Civil Rights In a politically active age such Board to the stern Board of the Soledad Star-News covering the annoyance of having to sup Statute. as the '60's and early '70's, the In Prison Terms) subject to the Ad these events. They were cen ply anyone with reasons. Not In spite of recognitions by both determinate Sentence meant ministrative Procedure" Act. Ad sored, and the Union again went only was the rule of law begin the California and United States control. Prisoners who actively ministrative rules and regula to court (Bailey u. Loggins [1982J ning to n ibble at theIr heels, but Supreme Courts that the state opposed the system could - and tions have steadily grown in im 32 Cal. 3d 907). they were haunted with visions and federal constitutions did not did - have their stay in prison ex portance over the past 15 yea df angry hordes of people in the stop at prison walls, a Civil tended because of that activity. These niles covet ' alm.ost eve'l')< See HISTORY on page 15 10 - The California Prisoner' June 1991 daily confrontation with a griz C.D.C. zley bear. To improve myself I concentrate on my reality here within The blond is like the authors of I reflect on all the different people and places I have been the Atlantic piece: self-satisfied, insulated from an awareness At times I've been a stranger someone I didn't know that privilege is the real source of prison never scared that guy it was just a place to go. most American success. Marilyn is everyone who lives without Now I look around me new faces everywhere privilege, and with true disability a startling realization few in society really care - whether it is race, poverty, or illness; Marilyn is the victim who I find I'm part of the diet that made this monster grow does, in fact, overcome. And I state raised and state fed so much I didn't know thought about The Prisoners Rights Union, and our life-long I guess I'm still a human at least I'm supposed to be talk about prisoners - most of as I sit and stare at my gray stone misery whom never had what the blond was born with, and who have So much there is to tell you so much I will not say only the potential for Marilyn's so many different reasons I played my hand this way courage. PRISONERS UNION This has been a long discus One thing is for certain with the years I have to go sion, this nearly twenty years of I'll see many more men numbered as I watch this monster grow talking about prisons and crime. In the Atlantic Monthly article, o the authors speak of prisoner One day when it shakes its head and its roar is heard coast to coast J everyone will blame each other for feeding it the most rights advocates (and ACLU lawyers, and criminal defense lawyers) as if the sane m!\iority of Submitted by Jerry King Americans considers them in creasingly disgusting nuisances, like dog shit on a clean, suburban worth, I do recall being highly If1lll\ THE CALIFORNIA sidewalk. Our point of view - critical of anything anyone else which always asks that social CHANCE wrote. It's a wonder we got a benefits be shared more fairly paper out at all - especially with the powerless - no longer - from page 8 ~PRI50NER since I was usually on a bender has credibility; it doesn't work from the time copy went to press economically because it creates Prisoners Union Journal. With until the issue was mailed out. larger evils of corruption and Bergeron and his aide, Mark Cul Then I'd drag back with my THE CALIFORNIA dependency, and it doesn't work linane, completing their year hangover and Paul would fix me socially because it doesn't reward long tour of duty, I spent that up a bowl of his famous soup and self-control and personal effort. first month or so meeting other we'd pretend I would get better. PRISONER There is some truth in this staff and browsing through files I didn't. critique. Noone who blames to get an idea what the organiza I was an alien in disguise. I others for his or her situation in tion was all about - its purpose, bought a whole box of business a member of th·e majority life is ever going to change that its history and its goals. cards with my name saying I was who identifies with the "vic situation unless that individual The Union was, it seems, born important, in case anybody FALL timization" of the minority. Cold either begins to feel personally of a radical beginning. Indeed, wanted to know, but I spent more - from page 8 winds are blowing; I find it har responsible, or converts that the very idea of prisoners having time looking at the damn things der each day to hew to the under blame into action to help others. a union to bargain for safe work myself and scratching my head. I would just let me bOlTOW theirs standing I want to guide my life: The status of "victim" may be ing conditions, a fair wage and loved my school ID, too, and for a bit..... she murmured. there are Americans whose social true, but defining oneself as vic humane treatment just seemed going to class like a real college The train had run over another position makes it impossible to tim is but another way to like somebody's pipedream. I kid. However, I never did the suicide, the thu·d in my many succeed, and the rest of us have self-destruct. guess the Supreme Court felt the homework and so never com rides up and down that valley what we have because we are The fall of the Berlin Wall has same; in 1978 the Court ruled pleted a semester. Eventually I route, a routine event for some of lucky rather than better. left me and many of my friends in against the Union's suit to set up went insane, of course, and had us, a moment of acute disgust Two weeks ago I met another similar shambles, uncertain of offices within each prison, to go to the nuthouse where I dis and distress for most. The blonde impressive woman during a what - in this rubble - has seriously hindering our ability to covered that the reason I couldn't seemed unaffected, even bored. peaceful weekend at Tasajara, value. We have experienced the effectively organize. While it fit into normal adult society was She wanted to talk about herself. the Buddhist retreat in the Car loss of certainty, about ourselves wasn't immediately clear at the because I was only twelve years mel Valley. I had to entreat her and about what we believe, and time, the Union had reached a old and that I had to quit drink She is successful. Even to talk about herself; hers was a we know now how wrong we are milestone. ing if I wanted to get any older. without a college degree, she had story difficult to tell because it capable of being. I, for one, have The process of growth and 0 0 0 found a high-paying job in the had to be pulled from the center grown to hate platitudes and maturity is a painful one and or This is not to say, however, Napa Valley selling wine packag of her experience. In truth, a maxims and aphorisms of the ganizations are not exempt. The that my experience at the Union ing materials to wineries ("I just story rei uctan tly told may be a left. It feels braver, and truer to militant voices that had given was not supremely valuable. On love the wine industry - there's better story. Eight years ago, have thoughts that are unconsol birth to the Union fizzled out the contrary, it had everything to so much history!"), dumped her Marilyn went to a doctor and was ing. There are no bromides for early on,leaving the work of it all do with helping me to break free childhood sweetheart who helped given a prescription which im the sick emptiness we feel about to those who were willing to of that revolving prison door. her escape years ago from the mediately made her rather ordi our own society; there is only struggle through conflict and In between editions of the small, awful Central Valley town nary, pleasant face break into a friendship, commitment, and the compromise. Now it was time to paper I served as our sort of "resi she had just visited ("It's not that horrible rash which didn't go occasional act of courage. There accept our limitations and realis dent ex-con" spokesman, which they're bad people, I've just away and actually became much is only the rare Marilyn, who con tically assess what we could best got me into a lot of interviews grown so much since I've been worse over the next seven years. verts her victimization into do with our limited resources as a with the various media. They gone ... "), snapped a soft body into For most of this time, her skin triumph. non-profit organization. would ask me questions about taut tone ("Exercising to me is oozed, peeled, scabbed, flaked I have friends who think of It was apparent that the Union prison, crime and the criminal just like brushing my teeth!"), and turned all hues of red and suicide. There is reason to had promoted a vague hope of or justice system and that would and now spends weekends in purple, in ways horrifying to this despair, these are not good times. ganizing on a national level, make me think. I was fortunate Hawaii ("I just love Hawaii - good woman who, each day, In my life, one sweet irony is that which far exceeded its reach. to have been befriended by a wise there's so much history!"). She looked in the mirror and could some of my best times are at Symbolized by the change in our old lifer at San Quentin who had no idea that her beauty, not find herself. Prisoners Rights Union meet publication masthead to The taught me to think beyond which was simultaneously excep Meanwhile, Marilyn's five ings, where old friends hold each California Prisoner, in 1983, we problems and look for solutions. tional and typical, had created children were growing up, she other together in a mood of began to narrow our focus to this This discipline was reinforced by this life of superiority to others; and her husband divorced, mini miraculous survival and plot for one state and to expand our those at the Union and I found she thought she did it on her own. mum wages in Santa Fe weren't better times to come. perspective beyond the mere myself trying to communicate enough; she began nursing plight of prisoners, to include from a place of caring. Back to my seat, back to the school, completed a grueling two Catherine Campbell is an at everyone personally affected by The folks at the Union didn't Atlantic Monthly, back to reflec year course that took her three, torney and has been active with the prison system and its ul just give me a job, they gave me tions on twenty years of being on and now is a nurse in a Santa Fe the Prisoners Rights Union since timate impact on society as a an opportunity to heal. There's a the Prisoners Rights Union hospital. She told me about nurs 1974. She currently serves on whole. strong tendency to walk away Board, back to thoughts on being ing the way one might describe a PRU's Board of Directors. By now, I think, the old dogs of from our prison experience and the Union were tired of butting try to "forget" and write it off as heads against prison walls and an ugly demon of the past. That's seeing little real change - what usually takes me back - despite winning a number of the pain, the anger, the abuse, Inmate correspondence restrictions lifted major class action suits affecting the denial. Working with the prison conditions. Bergeron's Union forced me to deal with my feelings and to use my experience legacy was in lobbying legis On I)ecembw- 20. l,SSO, the pt~l1fes Act (APA'i, \Vfiile each warden or su- lators, mixing in political circles to try to make things better for otnce of Administrative Law The. rule in qued ·i on pelirtWndednt may make Ilnd and trying to affect change from myself and the world I live in. (OAL), in response to a re Prph i~ited appr ovlil of ;co,: e nfo l' ce local rules or the top down. In time, I think, Looking back, I didn't do much quest from inmate Donald A. ¥'i>9ndence between inmates guidelines, and while inmates this approach would catch on and to change our prisons, nor did I Miller, issued a formal deter hOused at different institu may· 'have to apply through help to influence the geographi do much in the way of changing mination, No. 1990/17 (Docket tions u.n,I\!SS they were family their counselors on correspon cal move of the Union's offices to those who live in them and work No. 89-024) finding that the JI!embers or co-litigant.;. OAL dence approval forms. the ap Sacramento where it could more in them. But, I tried. And in memoranda and directives ai previously rejected the plications can no longer be properly function as a prisoners' trying, I changed. Because of CDC' s vari ous prisons Department's proposal denied pursuant to the in· rights advocacy - thus the or that, the world is a better place: I relltdcUng corr.espondence amending Title 15 to include validated rules, or ort any ganization's name-change to the am deeply grateful to the Union betwelln inmates are invalid that. prohibition in the Direc basis except for legitiIl1Iite Prisoners Rights Union. for helping me to change. .and unenforce.ab!e because tor's Rules. OAL held, in security concerns, e.g., dQcu DOD they constitute a "regulation" effect, the Department cannot mented membership in the Personally, I never could un Jimmy Price served with the and cannot be enforced impose rules at the "local same prison gang. derstand why the Union would Prisoners Union from June 1982 without being adopted in the level" that fail to comply with hire an alcoholic fresh out of through January 1984. Clean Director's Rules in accordance ~A or those rejected by OAL . Information submitted by lrison to edit their newspaper. I and sober and living north of San with 'the Administrative at tile central level. . Don Miller. vas a tyrant. While I can't recall Francisco, he is still working in mting anything of any editorial the social service {reid. . I _ .. . . <0. .. ""..r June 1991 • The California Prisoner - 11 "prison movement" surging aspect of prison life, and typically through their gates to release all have the force and effect of law. ·HISTORY convicts. After decades of benign - from page 1 neglect, they were being harshly Prisoners fight to criticized in major media. Prison organize would be nothing to stop a officials felt besieged, and were m ajority of duly elected quick to censor or ban letters and In 1975, the Union was able to Republicans from banning all literature that seemed threaten hire its own lawyer. A statewide meetings of Democrats and auto ing - in 1972, they were campaign to organize California's workers, forbidding newspapers threatened by virt',ally prisoners into a union was that criticize Republican actions, everything. launched. Because the greatest and perpetuating itself until convict response came from Doomsday. PRU goes to court Soledad, the Union concentrated Minorities need free expres When the Union began its legal fire on backing up the sion in order to convert them publishing its newspaper, it was prisoners who actively selves into majorities. Insular called the Outlaw in honor of a represented the Union. Union minorities, like African paper surreptitiously printed be supporters were everywhere in Americans or prisoners, need hind the walls of San Quentin Soledad, inviting Union sym constitutionally guaranteed free and distributed to San Quentin pathizers into the prison through expression in order to breathe; prisoners that continued to ap various organizations to give otherwise, a temporary majority pear in spite of several full-scale speeches, writing newspaper could simply pass a law sealing cell searches by San Quentin offi stories about the speeches after their lips forever. Although the cials. Folsom Prison flatly they were made, wearing but constitutional guarantees of free refused to allow the Outlaw in tons, signing up new members, expression exist to limit excesses side, regardless of its content. petitioning for improvements in of a majority, they are not elitist. In the early 1970's, there were the prison's workplaces, and sub They make no prescription about several law firms funded by foun mitting proposals to Soledad offi what is best to do or how to do it. dations set up to do nothing other e~ cials for Union meetings. They are the most important than litigate on behalf of The whole concept of unions as laws that we have. The Union's prisoners. It was not difficult for a different way to run prisons court battles, and most of its lob the Union to find a competent was much in the air during the bying, have aimed at vindicating lawyer to sue prison officials on 'P~ early '70's. Failure of the old one aspect or another of the behalf of jts censored newspaper. military models was thought to freedom of expression. The Prison Law Project went into have been clearly shown by At Sacramento County Superior tica and other prison riots. A Background Court and obtained an order that ~~ quasi-industrial democracy required Folsom to allow copies model was discussed in columms Courts had little or nothing to of the Outlaw to reach any con and interviews. Law review ar do with prisoners until the post vict subscriber. ticles described the pros and cons Civil War Civil Rights Act was The Union later became in of organizing prisoners and chan made applicable to incarcerated volved in much more complicated neling their expressions of people iI, 1964 (Cooper u. Pate and visible litigation, but the grievances. Judges talked about [1964] 384 U.S. 546). Convicts most useful intervention on its the idea in the course of deciding By R.G_Hall jT then began to test the judicial own behalf ever received from a whether letters recruiting waters in a variety of arenas, court was this earlier Superior Death statute remained on the Bureaucratic screw-ups prisoners as union members from First Amendment problems Court one-page order. The Out books in California. These abounded; a prisoner would be could come into prison. of communication by letters and law percolated steadily through statutes, remnants of the Roman told to improve his social Meanw hile, actual unions of visits to general conditions of prison walls, and soon made the Empire, effectively infantilized presence by joining a speech club prisoners, both legal and illegal, confinement. . Union known around the entire prisoners by making it illegal for one year; the next year, he would sprang up in Minnesota, As more and more segments of country. them to marry, make a will, sign be told by a different parole board Washington, Ohio, Rhode Island, society became alienated from Litigation, we learned, can contracts, sue when damaged, panel that he should have and North Carolina. central authorities in the late also be a swamp of delay that read what they chose, or exercise repented and gone to church. The union debate gathered 1960's, support for prisoners sucks up an infinite amount of any of the prerogatives of adul Between the deliberate suppres momentum until the North came from people who earlier had energy and resources. In 1972 thood. Courts had chipped away sion of dissent and the Carolina Prisoners Labor Union never noticed jails or peniten the Union sued the Department at its legality by recognizing nightmarish confusion over what made the mistake of taking its tiaries. The Prisoners Union was of Corrections in federal court limits on the powers of prison of one should do to get out, the ISL grievance to federal court. It won formed in early 1971,just before seeking to stop the practice of fIcials to censor or ban reading came to be seen as the chief bane - but, like frogs waiting for a fly, the period of greatest strife and depositing the interest from material and correspondence. of prison life. the U.S. Supreme Court snapped bloodshed inside prison walls. prisoners' money and profits Finally, in 1975, the Civil Death The Indeterminate Sentence up the case. In Jones u. North The Union's goals were to see from the sale of their paintings Statute was abolished, and Law had powerful support from a Carolina Prisoners Labor Union three major changes in the law: into the Inmate Welfare Fund, replaced with the Civil Rights coalition of conservatives inter [1976] 433 U.S. 119, tbe high the abolition of the Indeter and to make IWF accounting statute (penal code sections 2600 ested in keeping the gorillas lock court made it clear that the Con minate sentence; the restoration practices public knowledge. The and 2601) that is in effect today. ed up forever and liberals inter stitution extended no ·First of civil rights to prisoners, includ district court judge threw the The passage of this law was an ested in getting boy scouts and Amendment rights of association ing the right to organize; and the case out. On appeal, the Ninth unqualifIed victory that has ex erring executives out early. The to prisoners. payment of a living wage. Our ex Circuit held that the Union had panded opportunities to stay Union argued for equity, and Because the United States perience has taught us to be care indeed stated causes of action alive or grow while incarcerated. pointed out that those who sorted Supreme Court is, for better and ful of what you want, because you (Holder v. Nelson [1975]509 F.2d The same cannot be said for the people into piles of good and bad worse, the last word, general in just might get it. 1091), but the passage of three other important legislative had no real idea of what they terest in the topic ceased. Money were doing. We were prepared to dried up, discussions no longer see slightly longer terms, or more appeared in print. Interest in quantitative time, in return for prisons was generally waning. the better qualitative time that In Monterey County however, The Union's goals were to see three major changes in certainty provides. The Union things were jumping. The worked harder than ever, using Union's first foray into Superior the law: the abolition of the indeterminate sentence; the all our connections and resour Court on behalf of its members ces, to undermine the Indeter blocked Soledad from keeping out restoration of civil rights to prisoners, including the right minate Sentence. We were not letters sent by Union Stewards. to organize; and the payment of a living wage. prepared for what happened This quick success heartened when we got our wish. Union activists and helped gain With the passage of Senate new members and support. Bill 42, the ISL was abolished in Union members on the outside 1977. It had lasted 60 years; to obtained the right to carry mem our horror, its successor lasted bership cards from the Depart Voices rise in protest years proved fatal to the lawsuit. change during this time period - barely 60 days. The process of ment of Corrections' top ad The attorney had moved on. The the abolishment of the Indeter jacking up sentences, of each ministration. When Union but The Attica massacre took place world had changed. Some of the minate Sentence. legislator adopting a pet crime tons were banned, the Union in November 1971. All through abuses complained of in the ini It is difficult to recall, in this and increasing its term, everyone went to court (In re Reynolds 1972, revelations from the inves tial lawsuit had been corrected, age of prison sentences that are voting for everyone else's bill, [1979] 25 Cal.3d 131). When a tigation that followed emerged, while new ones had appeared. . spiralling upwards beyond all began right away. We have seen leading inside activist, Willy the most dramatic being that the The case was not pursued_ reason, how hated was the In the ugliest face of democracy, a Brandt, was kicked out of several guards who were killed in determinate Sentence. In the Old nervous pandering to fears in Soledad in the middle of the Attica died from bullets that New policy made Days, between 1916 and 1977, a such a way that the fear's roots night and sent to an Oakland came from the weapons of Na through legislation prison sentence for burglary are ignored. Prison terms are work furlough center, he suc tional Guardsmen. Here in would be from 6 months to life in now insanely long, and our ceeded in obtaining ajob with the California, an eruption in San Society's interest in prisons prison. The average time actually prison population insanely high. Prisoners Union - and when his Quentin State Prison in August was also reflected in the legisla served varied, depending on the Would it have been different or mail back to brothers inside of 1971 led to the deaths of two ture in the early '70's. Some very individual and on whether the better with sentencing power Soledad was blocked, the Union prison guards and four convicts, sensible bills began to pass, only governor would want to be seen still in the hands of an appointed again went to court (In re Brandt including George Jackson, an ar to be vetoed by then-governor as "tough on crime," or "fiscally commission rather than elected [1979] 25 Cal. 3d 136). ticulate writer who had become Ronald Reagan, but the legisla responsible"; it was a simple mat officials? We often wonder. When University of California an icon to many people who ture continued, until Democrat ter for him to direct his appoin Finally, a little-noticed law labor historian Norm Amundson sought to reform or abolish Jerry Brown became governor. tees on the parole board to loosen passed in 1975 that made the spoke to Soledad prisoners on the prisons. As public curiosity Brown did not initiate any laws or tighten the faucet. Under this Department of Corrections and potential advantages of a union, mounted, a window of oppor or rules of import, other than a system, real power lay in the the parole board (which has suf and when the governor's extradi tunity appeared for prisoners to last-minute effort to salvage the hands of the parole board, an ap fered an identity crisis in recent tion secretary, Alice Lytle, was express their point of view. Indeterminate Sentence, but he pointed agency, rather than in years, going from the paternal handed a petItIOn by Umon mem For decades, prison authorities did allow bills affecting prisoners the hands of judges or the Adult Authori ty to the socially bers requesting that a union be had been accustomed to getting to become law. The most impor legislature. concerned Community R~lease formed, articles were written for their way at all times, without tant of these was the Civil Rights In a politically active age such Board to the stern Board of the Soledad Star-News covering the annoyance of having to sup Statute. as the '60's and early '70's, the In Prison Terms) subject to the Ad these events. They were cen ply anyone with reasons. Not In spite of recognitions by both determinate Sentence meant ministrative Procedures Act. Ad sored, and the Union again went only was the rule of law begin the California and United States control. Prisoners who actively ministrative rules and. regula to court (Bailey u. Loggins [1982J ning to nibble at their heels, but Supreme Courts that the state opposed the system could - and tions have steadily grown in im 32 Cal. 3d 907). they were haunted with visions and federal c<>nstitutions did not did - have their stay in prison ex portance over the past 15 yea of angry hordes of people in the stop at prison walls, a Civil tended because of that activity. These nIles covet. alro.ost ,every See HISTORY on page 15 12 - The California Prisoner' June 1991 NE"'S FROlVl INSIDE Lompoc Correctional year during the election year. · with you about the place I live sometimes because they seem to This seems to be a viable solution and work, CCWF. There are ap think that somewhere there is a Institution to a few of the problems that the proximately 2000 women here "daddy" or "prince" standing by Well, the long awaited "new BOP is now faced with. Under and I am a Law Clerk, stationed that is looking out for them. So camp" has finally been approved the new guidelines, a Federal in the center of the prison at the many with serious medical and the ground breaking has Prisoner is given a non-parolable library. problems patiently wait and sentence with very little good slowly deteriorate as they are put begun. It will be located outside · Throughout the day we deal the FCI on the west side. It will time available and no time off for off or ignored by medical with every kind of legal question negligence in the name of cost ef cost close to a million dollars to working. There is very little in · including family law, bank start with and will hold a couple centive for people doing 10 or 20 ficiency. The women just assume ·ruptcy, taxes, post-conviction law that if it were important or of hundred minimum security in years. This is an average sen and institutional problems. I am mates. Some of the people from tence now being handed out for a not well trained for this position dangerous that some medical staff surely WOUld have the FCI without custody will be drug offense. Since over 50% of and there seems to be no other housed here. It will consist of a all Federal Prisons are drug of ·women prisoners here trained in responded to the problem. few modular trailer type facilities fenders, there will be very few the law. Our library resources Meanwhile, a lump on the breast as the living quarters. The posi people leaving in the near future · are limited to those that are state becomes a death sentence and tive side of living in the camp will and they are still piling them in ·mandated and those required per the woman is told that it is '>er be relaxed security, being able to phenomenal numbers. A bot . departmental policy. No free staff fault and/or it could not have wear street clothes, possibly bet tleneck is occurring. These can advise or in any way help an been avoided. She believes them. ter visiting privileges, and less people will be hard to manage as · inmate legally. One day last Those of us wh o try to act on overcrowding. The down side as their hopelessness increases and week, however, there was a flick behalf of our fellow prisoners to we see it will be longer work days overcrowding continues. The way er of hope in what was seemingly address these issues of mistreat as the camp is being built, little I see it, Congress has to do some a no win situation. It came ment are threatened, harassed recreation (there will be no thing to ease this overcrowding through a group of women and intimidated. However, there softball, gym, racquetball, and a by getting non-violent first time lawyers. are still some of us who will con limited weight pile) and those of offenders out of prison and on to tinue to do it. We have found out us with medium sentences (5 probation or home monitoring. There is one other problem in a that we are not alone. I saw the years and over) will be doing time They can save face by offering women's prison that author Col first tears of joy that I have seen with short timers, which is some incentives in order to lette Dowling calls "The in a long time after our visit from difficult. reduce a person's time. Cinderella Complex." The women the Women Lawyers last week. A newspaper article in the LA A Federal Prisoner are dependent. They believe that Our thanks to the Women Times yesterday caught my at somehow they will be taken care Lawyers of Fresno. tention. They said that a congres of. They don't come to the law sional study has concluded that Folsom library for help until too late Linda Eageron double bunking is the way out of I am happy to see that prison overcrowding and that Sacramento City College has ex there is no need for new prisons. I panded the available graduate would like to know who did this classes here at Folsom Prison. so called study and if they visited Until last year we were only of any prison. This place is double fered general education courses, Let's he r from the Women bunked to the limit with six men without the graduate accredited WOmeR Prisoners - We know you 're out occupying 10x15 foot rooms. This program for an AA, BA, or BS there_ Tell us what spet :::>1 issues and concerns inludes 3 bunk beds and 6 lock degree, or applied classes that ers. If you throw a small table would assist us actually upon our 1ace you while incarcera. We would like to into this room, you barely have return to the streets. start a women's page to exam" . ~ what is happen enough room to get to the door. It I am happy to report that we ing inside women facilities. is getting harder and harder to are now seeing those classes as legislature had intended have privacy and a lot of rooms necessary which have not rather than building more Let us know what issues need to be covered have banned visitors and have previously been offered. Many of prisons. Alternatives such as this might be the best way to save and indicate whether you would be wi lling to designated the rooms as "quiet us had taken all the classes avail write or contribute artwork. rooms", for reading only. This able without a degree. Now we those of us who would like to sounds pretty radical, but in a have applied Business Manage have a chance one day! Address comments and suggestions to: situation when there is so much ment, Business Law, Anthropol Michael W. Riggs crowding, it makes a lot of sense. ogy (physical and cultural), and Editor The Bureau of Prisons is the graduate courses that may recommending that statutory actually assist us in making it Wom .~n Speak good time be increased from the out there and ''beating the odds". Central CA Women's 1909 6th Street present 54 days a year to 108 The return rates are too high. I days. A reluctant Congress would hope further education Facility Sacramento, CA 95822 turned down the request last and training would be examined I would like to share a little The Broken Man
the open rebellion of the Convict, only rigid, but extreme the Con By Patrick Nolan who, in an environment both cold has been replaced by a sallow and callous, survived. Their code faced Inmate. Noone really I warn you before reading any was honorable: be yourself, knows from where he came, further that I write from a strict believe in yourself, and show to though some - old timers lost in ly biased stand-point concerning others the respect you want the shadows of this New Age - a subject very sacred and close to shown to you. Though they didn't say we can thank the dissension the heart; that my reasoning fit in with most of society, they of the seventies. Whites, Blacks, comes from experience not to be were recognized - even secretly Mexicans and others say it was found in books or institutions of envied. I admired how Cons stood the drugs. Either way, in a short higher education; that my story for their beliefs - regardless of span of years, prisons that were is of a breed, whether mythical or the circumstances - existed in once a society wi thin a society, real, that played a major part in an oppressive environment, and controlled by Convicts, became the shaping of the who that I am. created their own world. controlled confinement. Inmates, spread-eagle and were raped The "Convict," to those that I set out in search of this daily of the self-respect and in have not had the experience of strength of soul and pride that dividualism that took so long to knowing beyond what they see on was so much the fiber of this rare gain. The reign of the Convict T.V., is not what now fills the breed. I wanted to live the life of died ... cavities of prison today. For the the Con, and through this fellow- . "Con," prison was a way oflife I've learned the difference bet ship of real people, rise up ween romance and reality. In my a way of life built upon a founda against a system I believed un tion of inner-strength, self youth, through aged eyes, I see just, inhumane - a lie with a the reality, and with heart heavy Floral Designs Inc. control, and self-respect. It was thousand faces. I saw myself in built by men, and women alike, with sadness, I grieve the dying the ranks of a movement that breed. I may have missed that A FULL-SERVICE FLORIST who looked down on all that would slay the Machine - "real society, and its system day and age, but the spirit of the people" that felt the pain at the Convict, whether mythical or represented - lifeless cogs in a sight of the old lady dressed in CONTEMPORARY' TRADITIONAL DESIGNsiJ_ machine that cared nothing for real, lives within me, still shap rags, huddled in some crevice of a ing me, and someday I will rise FRESH, SILK, DRIEDS, PLANTS ~ the individual who didn't meet a building, oblivious to the world, certain social level. In hard up against the sYstem in a move BALLOONS & GOURMET BASKETS _ as are the people to her tha t pass men t of real people. I am not times, these men and women her by. I wanted to fight the in • Guaranteed Nationwide Delivery walked with heads held high, some faceless smear, but a think justice of the old man who walked ing, feeling individual that cares • Serving Vacaville, Fairfield, Suisun, Green Valley & Travis AFB very much aware that, no matter down slush-filled streets, head what, they, because they were for people, and someday I will • Free Delivery To Hospitals & Funeral Homes bowed, softly mumbling as the "Notch the stick of time!" Cons, had some amount of cold wind bit into his face, reliv respect coming to them from The Machine grows, as do the ing battles once fough t in honor prisons of confinement - our 137 Peabody Rd., Vaca Valley Shopping Center those that shared in the hard life of his country. with them, and even from those warehouses - out of control, for (next to Post Office) that confined them to it. Times have changed, as have control, sucking life from limb till As a youngster, I was always the days of the Convict. Reaching one day, all that will be left is an 1.800.333.7161 ~-~. ,. 1·707·447·3731 enchanted by the free spirit and up into the epoch of totality not empty shell, lifeless. June 1991 • The California Prisoner - 13 Speaking frankly about AIDS Prison AIDS Resource Center Note ing), through sharing unsteril openly and especially not to use ByC'ia Lynn ized drug using equipment explicit words (also known as (hypodermics, spoons, etc.), "dirty" words). But AIDS re This is the first of several ar through sharing other objects quires us to talk about things we ticles designed to provide basic (tattooing, ear piercing, etc.), and haven't openly talked about information about HIV (Human from a woman to her baby during before, at least while we still Immunodeficiency Virus), the or after pregnancy. have the First Amendment to the virus believed to cause AIDS (Ac Constitution. quired Immune D e ficiency The next several columns will Syndrome). Prison AIDS address HIV prevention (how to Since the state itself is in Resource Center (PARC) was es not get infected), symptoms and denial, it is up to us to define our tablished in 1989, in part to treatment (what to do if you are problems, identify our needs, and provide informaton about infected), and epidemiology (who develop our own resources. No mY/AIDS to incarcerated people gets infected). Most people are at one is going to come save us; we and their loved ones. Due to lack risk for getting HIV infected, ha ve to educate ourselves and offunding P ARC has had to close either because they use drugs, work together to change our at the office, curtail its activities, are born to woman, or, most com titudes and behavior. Change and reorganize pending addition monly, have sex with someone comes from our own experiences al funding. else. Think about it this way, if and the knowledge we gain All indi vid uals associated with you have had sex or shared through analyzing what we al PARC work full-time jobs, have IV/skin popped drugs in the past ready know and testing it with other personal responsibilities, ten years, you have done those new ideas. What we're talking and work on PARC activities same things with every person about here is saving our lives and solely on a volunteer and part that your partner has or partners the lives of those we love. time basis. We have received have done those things with. If many requests for information you have not had a transfusion, Finally, many people in prison about AIDS in prison and jail have not had sex, have not used can't read well enough to read from health care and custodial drugs, and have not shared blood this paper. We request that you staff, from family members, and in any way with any other person . share information with others, from prisoners. We regret that in the past ten years, you're . try to get discussions going, and we simply are not able to respond probably not infected. read this article to someone who to all correspondence due to lack But if, for example, you have can't read. Before this epidemic is of staff and funds. unprotected sex today, you may over, each of us will know some We intend to use the Califor be infected because the person one who is HIV infected, and nia Prisoner and this space to you're with may be infected and many of us will be infected. provide as much information as not know it. The first thing about possible in response to requests HIV and AIDS, then, is getting This column is authored by we have received. This article information. The next thing is C'ia Lynn, director of Prison will address preven tion, that is, In the past ten years seventeen people have had blood contact being able to talk about it. The AIDS Resource Center, P.O. Box how not to get infected with HIV. with at least one person known to be infected with HIV and four state doesn't like people to talk 2155, Vacaville, CA 95696. The information is compiled from people gave birth to two children. a number of sources and is based on education sessions done by the author with people incarcerated unwanted pregnancy. But the following the crowd. Maybe also in prison and jail. We welcome AIDS epidemic has brought the along the way we've been responses, requests, and sugges chickens home to roost and mistreated, beaten up, molested tions, but most likely will be un people have to get serious about by someone in the family, we've able to respond individually. Fu their attitudes and behavior. started getting angry. Most ture articles will include informa HIV AND AIDS CAN BE people in prison are angry; com· tion about symptoms, resources PREVENTED. mitted crimes behind anger; got in the community, and other is In order to prevent infection, angrier while locked up; and if sues raised in correspondence. however, you have to know what released and back again, became While we intend to provide a to do, you have to want to make even angrier. Part of that anger list of resources, for example, for the necessary changes, and you is self-directed and comes out in each state, we cannot guarantee have to keep practicing new be not knowing how and not being that you will get a response from haviors. It comes down to an in able to take care of oneself. a particular organization or even dividual thing - taking respon The fancy word for taking care that listed resources address sibility for yourself. That is not of yourself is "self-esteem." Self AIDS in prison . Absent a easy, especially in a society esteem basically means you like, resource, we recommend you where we often do what we're respect, care about, and love write your governor and request told, where we often do what yourself enough to spend time assistance. First, as the highest others do so we'll be like them, knowing who you are, what you elected official in each state, that and where people are raised to want to do, and learning how to office should be able to refer you think that it's okay to hurt other do it effectively. Most of us don't to someone, even in the state people. have a clue how to do that since public health department. HIV prevention, then, is about most of us were raised in a Second, your correspondence learning; getting information; society that raises people to feel helps to educate the governor, reading; talking; and thinking stupid, ugly, afraid, angry and who likely is not familiar with about what HIV, AIDS, sex, confused. Faced with something prison conditions, at least from drugs, and people are all about. like HIV and AIDS, most folks the perspective of a prisoner. If Many of us do things, simply be just retreat into denial, pretend you are not satisfied with the cause that's the way our people ing that if the problem is ignored response, or get none, write back do it - our family, our com it will go away. and invite the governor to visit to munity, our culture. That process Bu t HIV and AIDS is not going see for herlhimself what the con is called socialization, learning away. The latest statistics indi ditions are. If you don't know the the behavior of our group of cate that while the epidemic is address, simply write: people. One of the most im not spreading as rapidly in this Governor mediate effects of socialization country as was feared, more State Capitol when dealing with HIV is tha t we people may become infected State (name of your state) were all raised not to talk openly during the 1990s than since the and don't worry about the zip about sex. epidemic began in the 1970s. code. Or, look up the address in Even when we're growing up, At this time there are ap your law library. Prisoners and for example , when we' re proximately 650 people in the Sacramento - shouting " Health care, not death care" members of prison families assume elected teenagers (also known as "hor California prison system who the ACT UP protested inadequate health care for AIDS patients in officials 1) don't care and 2) in mones in tennis shoes") and per have been diagnosed with HIV prisons and jails_ Demonstrators gathered on May 6 to coincide tentionally oppress us. While haps at the time we're most infection, with a rate of increase with AIDS Budget Lobby Day. Stand·ins also took place at Depart· that sometimes is true, my ex curious about sex because our of 3 percent or even higher per ment of Corrections headquarters in the offices of Director James perience is that most folks simply bodies are growing up, we don't year. And HIV, which never was Gomez and chief medical officer, Dr. Nadim Khoury. don't know about prison; the really talk openly. Most parents a "gay" disease, is hitting the waIls keep others out and ig were raised not to talk, are em poor, people of color, drug users, norant. You have information, barrassed and maybe even ig and young women in increasing get it out to the community. norant, and our friends really . numbers. 0 0 0 didn't know any more than we HIV is spread through human did. So, there we all are, hugging, behavior, specifically through the What do you need to and kissing, and groping, and spread of infected blood when know? Attitude and poking, and feeling all kinds of . doing particular things. The good things. And we don't have a ways you can get infected are behavior change clue what we're doing, but other through a transfusion of blood AIDS is about sex, drugs, and people do it so it must be good. products (which rarely happens rock and roll. Actually, rock and Teenagers are like lemmings; now as the blood supply is roll itself is safe, but sex and they follow the crowd even into tested), through engaging in un drugs are not safe activities. This death. safe sexual activity (which means isn't new; folks get addicted to Many of us become adults still without the use of things that can drugs, and sex often results in doing what we're told and still prevent the virus from spread- 14 - The California Prisoner' June 1991 Freedom near Judge forced to change ruling in Hooty case ,,). C B II th . . - program at a state rehabilitation E ag Ie, ora ramwe , e . t ' th E t B b b·~ h d h f cen er m e as ay. By Luis Talamantez a ~ s mot er. an a ost 0 The stringent terms of proba- other staunch supporters - that ti' . . all t b th rt People Power and the con he would like a second chance to ~n Orl~ y. se y . e cou tinued presence of supporters in be ted b th CO urt H will agam be 10 operation once Auburn Courthouse won a vic gredanth t beY' e I ed'fr e Hooty is released from custody. b e liev a mgre eas om 0 . kl' t t ' tory for Shasta-Karuk Indian death row directly out to live and ~ce agalO,. wee y urme es 109 Patrick Hooty when Judge work in East Oakland had called will be reqUired .for ten years and Richard Gilbert was forced to . constant surveillance and the for a tremendous adjustment t I f h' H '11 I'll t review his earlier action and whl'ch he had been unprepared con ro 0 IS I e WI s I res question his own brand of justice £ HI ' ed th t h ' nl WI' th t h e cour t' s ar b'tI rary in his original ruling that sen or. ~ exp am . a IS 0 Y discretion. real slip of probationary terms H ty bled" tenced Patrick Hooty Croy to life was having smoked pot to ease . 00 never e ong 10 prison in prison. As a recent result, the social transition and stress, 10 the first pl~ce : J:Iooty has b~n Hootcy's life term was again put especially after long hours of a t,arget of ~udlclal and police on hold and his probation k d h b'lI tarted racism for thirteen years - ever reinstated. ;~~~ti~; up:n~nhe ~n~o:ntered since he killed a p?lice officer. in On March 6, a stunned problems meeting financial sel~-defense followmg a massl\:e courtroom witnessed Placer bli f d f 'l rt It police chase and shoot-out at hiS County Superior Court Judge o ga Ions an . aDll y suppo . grandmother'S cabin in Rocky Richard Gilbert return Patrick had troubled him .greatly that he Gulch, Siskiyou County. His Hooty Croy to state prison cus was always h!,Vln~ to horr?w sister, Norma Jean, continues to tody after an abrupt probation mone;>, from his . friends, which languish in prison in Chowchilla revocation hearing. Hooty was contributed to his loss of .self- on a life sentence for the original esteem. All of these things ffi h' h H t charged and convicted for the caused him much stress and 0 ~nse on "': IC .00 Y was ac- minor offense of smoking pot depression, which ·smoking a qUitted by hiS re-trlal on May ~, when several samples of court joint" seemed to alleviate 1990. Hooty and Norma.Jea.ns ordered urinal tests proved posi temporarily. struggle for ~elf.determlOatlOn tive for marijuana substance. The judge listened attentively and freedom Will not end soon. At a re-hearing on April 3, as did most of the packed defense attorney Tony Serra, in a Supporters wishing to stay in courtroom while Hooty testified touch with Hooty should write to: dramatic courtroom test of wills during the morning session. with Judge Gilbert, won for his Patrick Hooty Croy, E89465, client, 36 year old Patrick Hooty After a whole day of testimony Placer County Jail , 2775 Croy, a new evidentiary hearing. and a weak prosecution bid to Richardson Drive, Auburn, CA Retaking the witness stand on keep him in prison, the judge ad 95603. April 30, in the same courtroom mitted having acted too severely AHorney Tony Serra argues before Judge Gilbert at Auburn Courthouse Luis Talamantez is an ex in his second bid for freedom, on March 6, when he returned on April 3, 1991 for rehearing on revocation 01 parole. Hooty testified calmly that he Hooty to prison to serve the prisoner who spent 11 years at never believed he could be sent remainder of a life sentence. Gil- his own. thereby reinstated his probation San Quentin Prison (from 1965- back to prison for life for smoking bert went on to say that he had ary status, and ordered Hooty to 1976) and was tried as one of San pot. He told the watching been lax in his original ruling on Therefore, the judge concluded spend six months in the Placer Quentin Six Trial Defendants. courtroom - among whom sat terms of probation granted in Oc tha t a slower transition into County Jail with time served Talamantez currently works with his father, Charlie Redhawk tober 1990, by allowing Hooty to society would be the condition for (three months), three months at the Political Prisoner Project, Thorn; newly born baby brother, be released directly into the allowing Patrick Hooty Croy to a substance-abuse program in 1218 Jackson Street, San Fran Chaley Sawauk ("Under the world, expecting him to adjust on resume his freedom. The court Manteca, and a six-month live in cisco, 94109. Cases and Actions Affecting Life Prisoners tions specified in McClesky are date of the hearing. The Office of television, BPT rescinded his her two Supreme Court cohorts, By Don Miller certain claims of ineffective assis Administrative Law, which 1982 parole date three years and 3 days before the decision tance of appellate counsel and reviews all such proposed retroactively, based mainly on a would have become fmal, the grounds not previously asserted regulatory enactments proposed report by a psychologist who newly constituted Supreme UPDATE enabling the petitioner to prove by CDC and BPT and has the never interviewed Powell. The Court ordered the case reheard his innocence, a rare situation fmal decision whether to adopt or California Supreme Court upheld and, as expected, voted 6-1 to va In re Danilo Dayan and In re indeed. reject them, indicates that, to the Solano Superior Court's order cate its earlier decision, affIrm Ledgrue Pearson, reported in our In view of McClesky. all date, CDC has not submitted vacating rescission and ordering rescission, and cancel parole. April column, are fully briefed prisoners pursuing habeas relief, their rulemaking file on this ac Powell released from prison. and await diaposition by the However, immediately following especially lifers, are urged. to (a) tion for review. Since the See LIFE on page 16 California Court of Appeal and carefully study McClesley, (b) in proposed deletion of this key the 1987 defeat oCRose Bird and Supreme Court, respectively. clude all arguable claims in their tranafer regulation will affect Both petitioners, new lifers fll'St federal habeas corpus peti. thousands of lifers, our next granted parole, claim entitle tion. regardless of the delay im column will update the situation. ment to Penal Code § 2931 (good posed by first assertin~ such 4 time) and § 2933 (work· time) claims in new srt"n ' . ~ cor- OLD PAROLE Appeal to Convicts, credits to reduce their terms of pus n,... .. :/ · ... J.t: "ex.- BOARD REGULATIONS imprisonment and advance their "".. o • .on requuement, and (c) parole dates, once set by the assert and argue to the extent In cases such as Lillard II. Es Dear Brothers and Sisten Behind The Wall, Board of Prison Terms. possible, in situations where a telle, reported ahove, litigant life I am writing this letter to all or you to expree& tbeee concel'll8 We also await the decision previous federal petition was prisoners rely on the older AA, , that have been on my heart ror .10118 time and that I need to share from the U.S. District Court in heard, one of the exceptions CRB and BPT regulations to with you. First,my name 18 Judith Hedge&. I am the FundraiIIer Sacramento in Miller II. Estelle, a specified in McClesky. argue their due process and ex • and AdYer1:iI!iDg'CocirdiDater ..1i t;he P~nerl Rjgbt;a VDian. I have federal habeas corpus claim that post facto claims. Those of us who ' ~mvOlved ·with..priaon ~(or20 Ye/iniI, The ani)' ~ r new lifers who executed the P.C. TRANSFERS OF LIFERS have tried to obtain the older IItIt.e the amount of time is to Show you that r am not on the § 2934 waiver agreement are en rules from the Board come to '.. banCJwquD Cor pri&oIi refbrmjuat'becauae l _aui'~ to • lifer titled to § 2933 work-time credits In December, CDC published realize it practically takes an act .·behind the walla. t am married to • ~nderfullDllD named Bruce, for the remainder of their im notice of its proposed amend· of Congress to obtain them. Al .., have • beauti6d __ ,ear old daughter DIIDl4!d Jean. tat prisonment due to the ir ments to the Director's Rules though rye accumulated about week.leaD and I Wet Uoppirlg k IUD1IIler do&bee aDd she bad to revocability clause in the waiver (Title IS, Code of Regulations, 200 such old rules, guidelines, ~ remind _ what Ihe CDUId and CoUld not _ to visit dadd,y. BeiQa contract and the language of § Division 3) modifying the lan resolutions and directives, it has ;.• ,PIa 1'IaIIIIIii8. wa79rur.~u. .~Iam 1IOt, ~~ M1 2934, neither ground being ad. guage and provisions of several been difficult to secure those ~~ '~.~J ~~ '(Un was loa&dwbepJ picliecl judicated to date. Discovery is key regulations governing the governing the parole hearing and J ~ -l' proceeding in Lillard II. Estelle. ito. . classification and transfer of determination procedures ap , I do. .hOWUi .... , U". 80IIIe ~ ... that haw ~ ~ prisoners. or particular concern plicable to lifers in existence ,.... Wh1iathe ~~ Union not tha ~ umoa in Please refer to our April to lifers is the Department's prior to 1975. If any reader has or die a... olc::autaaai8? 'ASN-ani 100,000 ~ep .twr'wOalea iDaide. column for further details of proposed deletion of 15 CCR § knows of availability of such Ita,. ~_ ill batnoN\eriweJve.. You aU have Camil• these cases. 3375.2, subsection (a)(8)(B) 1950-1975 rules, rd appreciate • UaiaD lie lID 8IIOq. 'nae jioJitical r~ alWulcl be [formerly § 3375(e)(8)(B)l, which receiving that information. ~ ""'Y 1DO¥8 we mUe~WIe- with the hum.bimI we McCLESKY v. ZANT currently prohibits the transfer '~8bowd ~ _JIU!IIlhe .... _ .~ lliumP-tb.e'vo~- wcrt&ke atiDut of life prisoners without an es POWELL V. GOMEZ ';200 calla • week at the uum. 'We!8ll.tlie ram.ilie& DOti"to complain Meanwhile, our United States tablished parole date oftive years A NEW APPROACH irthey doa't wte. We 8M out here ttying-to change Jaw. ~ when Supreme Court has fulfilled the or less to level-II facilities. Since • we get a bill 0& the ballot, we need your vote and not' juSt your administration's fondest dream Level-II facilities consist almost Fed up with political parole mouth saying it is • good idea. with its holding in McClesley II. exclusively of dormitories hous denials and rescissions, attor In cluemg I will ask and plead for you to encourage everyone you Zant, (Daily Journal of 4-18-91, ing up to 100 or more prisoners, neys for Gregory Ulas Powell know to send $20.00 to become a member. Let's· become so strong DAR p. 4340. U.s. Supr.Ct. No. the proposed deletion creates have filed for habeas corpus relief that CDC has to sit up and listen to us as well as the politicians. 89-7024, 4-16·91) which limits substantial concerns among in the U .S_ District Court · in Let's get back the fire of the Sixties and fight for what we feel is state prisoners to a single federal lifers of being transferred to live Sacramento in Powell II. Gomez, right even if it's not the popular issue of the day. When I speak habeas corpus petition. McClesky perhaps ten years or more in No. 91-684-DFL. The federal publicly, I always tell people "You should hope prison works holds, in effect, that even new large dormitories rather than 2- petition renews Powell's 10-year · whether you are for reform or not because some day all these con discovery of crucial evidence il man cells and of various other effort to be released on parole for victs do come home and they will be your neighbors.· legally withheld by the state may safety and security concerns. a 196:: nurder of a police officer. Keep strong, not form the basis of habeas cor· Several lifers submitted objec After a sensationalized version of Judith Hedg.. pus relief if it entails a second tions to the proposal prior to his offense was depicted in 'The federal petition. The only excep- March 14th, the deadline and Onion Field" on national
I,..~ • • ~~ ..... ------~ ----~. - - -- .. - - - . , • June 1991 • The California Prisoner - 15 Penal Code section 2600 made a The Present law different in California, the The Union continues to work BUSINESS HISTORY Union lost. with and for the family members of prisoners; most recently we - from page 11 Outside support of prisoners have been working in the legisla ANNOUNCEMENTS organizations, whether from ture and at administrative hear Finally, when the Union's peti centers of power and influence ings to gain the right of released BECOME A PARALEGAL LEGAL ASSOCIATES WEST (LAW) tion requesting that its members like courts, and Legislature or prisoners to join their families Lawyer Instructed Home Study Offers legal publications. be allowed to meet to the same the press, or from centers of wherever they have the best America's Finest Paralegal Course membership & newsletter. extent as alcoholics and money like foundations, were chance of making a new life Free Career literature Write: LAW. Box 255784. Catholics and other groups of slip-sliding away. In the wake of rather than being confined to the (800) 223-4542 Sac, CA 95865 (916) 920-LAWS convicts who were then meeting the judicial and legislative county of their commitment SCHOOL OF PARALEGAL STUDIES VOLUNTEER on a regular basis was denied, retreat from vindicating the offense. 2245 Perimeter Park Dr. PRU needs to help with data entry the Union went to court (In re rights of convicts, the Union Our interest in doing it your Dept. LF608. Atlanta. GA 30341 and phone answering. Price [1979] Cal. 3d 442). turned to the family members self has always been lively, and Contact Cynthia at (916) 441-4214 The Price case was the climax and friends of prisoners. Our lately, with only one poorly of the Union's effort in Soledad, sources of information developed funded law office in the entire and its effort to create itself in over the years kept us well state devoted to prison law, doing side prison in the teeth of correc informed about all aspects of it yourself has become a neces tional resistance. Witnesses tes prison life and about official si ty. The Union worked closely tified from around the country plans or California's prisoners - for years with Inside/Out, a Fres BARRY K_ NEWMAN and from inside the prison. The changes in rules relating to no organization originally Union argued that group meet visitation, plans for new devoted to changing jail condi LEONARD E. OLDWIN ings are an essential part of the prisoners, etc. The people outside tions in the Central Valley that ATIORNEYS AT LAW freedom of expressions, guaran who car,~ most about such chan became a major provider of self teed by the freedoms of speech, ges are the family members and help literature to people faced association and the right to peti friends of prisoners. Where could with criminal trials or who al. Prisoner writs, appeals, and criminal cases_ tion the government for a redress they be found? ready have been convicted. After of grievances. In a prison context, the untimely death of MOE & NEWMAN TELEPHONE: No doubt they could have been group meetings are essential for Inside/Out's moving force, Dave 805 N. LINCOLN ST. (916) 678-1612 defining common issues and reached by SO-second spots on Davis, the Union has taken over reaching positions. Convicts or prime-time TV, but the costs of the project of updating and dis DIXON, CALIFORNIA 95620 (707) 446-9229 attorneys cannot know which such commercials could be borne tributing Inside/Out publica class action lawsuits are impor only by multinational corpora tions. Our big bomber in the self tant without knowing how the tions. The Union was starved for help area is the California class itself feels. There is simply money. A much more selective State Prisoners Handbook, a no way for a consensus to emerge way to reach the family members comprehensive and practical about a common problem in the and friends of prisoners was to guide to all aspects of post GEORGE L. MERTENS meet them at the gates of Califor absence of group meetings and conviction law that is available Attorney at Law discussion. nia's prisons, or in the prison for half price to incarcerated The Union's case was solid; parking lots. Accordingly, Union people. The Handbook was en during a year's ferment and ac members began to distribute tirely updated by Steve Fama tivity, incidents of violence in leaflets and literature outside the and the Prison Law Office in Criminal appeals and petitions for writs Soledad had virtually disap gates of prisons. 1990. There is nothing else peared. The Director conceded remotely as good a t summarizing that no violations of security had They were ordered by all aspects of the appearance over P.O. Box 554 (916) 645-9759 Vacaville, Folsom, and Soledad occurred as a result of Union ac the past two plus decades of Law Lincoln, CA 95648 No collect calls please. tivity, and that prisoners did officials to stop. The Union went in the discretion-ridden environ regularly meet in groups, as stu to court and eventually prevailed ment of state prisons. Check it dents, or alcoholics, or (Prisoners Union u. California out. Catholics/Protestants/Muslims, Department of Corrections [1982] without problems. However, the 135 Cal. 3d 930). Now, any group Michael Snedeker is an attor Jones case loomed over the seeking to reach prison visitors ney and has worked on behalf of l:LLERY SORKIN (818) 781-6773 proceedings, and notwithstand may do so, provided it gets in prisoners' rights since 1974. He ATTORNEY AT LAW ing its claim that the California touch with its prison of interest currently serues on the Union's Board of Directors. Constitution and particularly and gives sufficient notice. • Installment Payments Considered • No Collect Calls • Pre-Filing thru Sentencing
5900 SEPULVEDA BOULEVARD, SUITE 425 VAN NUYS, CA 91411 WANTED i COPIES OF ANY RULES, REGULATIONS, DIRECTIVES, GUIDELINES, RESOLUTIONS, CHAIRMAN'S DIRECTIVES OF ADULT AUTHORITY ("AA") LINDA BRAUN, Ph.D. or COMMUNITY RELEASE BOARD ("CRB") Clinical Psychologist FROM 1950 THROUGH 1974 Will reimburse postage and copying fees Services for presentenced, sentenced G. ROBBINS inmates and families. Consultations, P.O. Box 1884 • Walnut, CA 91789 reports, expert testimony, counseling.
Phone (213) 424-9320 Fax: (213) 426-0340
SE HABLA ESPANDL (213) 4B9-771S WAUiENHORST'S MARILEE MARSHALL 1050 Lincoln Ave. ATTORNEY AT LAW Napa, CA 94558 EXCLUSIVELY CRIMINAL CEF"ENSE APPEALS & WRITS Authorized Vendor for most MARILEE MARSHALL & ASSOCIATES
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Specializing in ELECTRONICS TV's, Radios, Cassette Players, SUPPORT THE UNION AND BECOME AMEMBER NOW! Appliances, Watches, Typewriters, etc. o Free newspaper subscription lor CA prisoners SUPPORT THE UNION ••• 0$5.00 or more annual membership for The Prisoners Rights Union ;s staffed by volunteers. The that meet property restriction out of stale/CA inmate members· organization receives no money from the government, nor does 0$20.00 or more annuallndi\lidual membership· it currently receive funds from foundations. We rely completely requirements. 0$30.00 or more annual Institutions or Organization membership· on you, our members, for support. 100% of the money received o I am a member, I would like to donate ..$ _ _ _ goes to publishing The California Prisoner and to paying Please print necessary bills. Please support our work. Prisoners are human CATALOG AVAILABLE UPON REQUEST. Name ______beings and one day they, too. will be free. There is no need to punish those who are already incarcerated with unjust living We are familiar with required authorization Address ______and working conditions and inhumane treatment. Contempt only breeds contempt; it is time to generate humanity, not forms and labeling requirements. We ship most engender greater distrust. orders in 3-5 working days. \I you are concerned about the rights and welfare of the men City ______5Iale ______Zip _ _ _ and women in California prisons. become a member 01 the Call Toll Free (in Calif.) phone ( Prisoners Rights Union today. We accept slamps from inmates as form of payment I WANT TO HELP - I am interested in: 1-800-660-9255 ·membership includes free subscription 10 The California o Staff Volunteer 0 Gatework o Fundraising Prisoner and a membership card. o Freelance Writil'\g 0 Ar1 Wor1< o Ad\ler1islng in or (707) 255-4412 . Please return with payment and/or donations to: The Calilomia Prisoner Prisoners Rights Union· 1909 61h Sl" Sacramento. CA 95814 Hours 9am-5pm Monday-Friday (916) 441-4214 o Other, please explain 16 - The California Prisoner· June 1991 verse decision or even set the defendants," and since those ap record straight, pointed by Duke to replace them LIFE In seeking federal relief, Den and to the Board of Prison Terms - from page 14 nis Riordan, Powell's attorney, were selected for the very pur likens the procedure to the time pose of denying parole to those in I t certainly does not take a when Congress allowed Black Powell's parole years retroactive Wben·requeatilli a catatog~r ~QY , etc.; second line, Name genius to understand what has prisoners to appeal their death ly is inherllntly unfair: ''This case been going on for years with placing an orQer, please prbit > of p8l'sOJllrecipillilt .(.personal sentences to federal courts rather cries out for dispassionate con your Dante aDd ,,11 other infor ~e~r), bUsinl!S$, agenc,y. e~! Powell and scores of lifllrs like than rely on all-White, former stitutional adjudication that, in Powell who have had their parole mation clearly, We c:Qntinue to third. \me, sf.teet addreSs, Post confederate judges for relief: the extraordinary circumstances dates rescinded in the wake of recei"fl ' ~!4that ends up iII the Offi5 boX, lPr route;lIl)d fo\l.~ "There are cases, perhaps few in surrounding petitioner's claim, ad verse and oft-distorted tidli 'llln OOtaUQ We cannot line, city, state ~I.'d ~J> ,' 'The number and extraordinary in na can only be provided by the ul read it: ,~tlettera short and reason for ii1l:iPf'these il1atruc publicity about their offenses or ture, that are too policially hot impending release, usually on timate guarantor of the Constitu to the jlOmt. Please do not write tiona is that niail is sorted by a for elected state court judges to tion _. the federal judiciary." "lui about ~ests (or individual /lcalmer machine that ilnmable the alleged basis of "new" infor· handle in the fashion the Con. mation which was available to While, in my opinion, the odds legal help. researCh. or attor to rearrange a
INSIDE/OUT By Paul Tl'uttman Paul' W. Comiskey OutcOme Atto rn ey Fences growi'ng, CRIMINAL DEFENSE space shrinking. PRESS Politicianll, do some rethinking. Self-Help, Legal and 1909 Sixth Street Sentences longer, Sacra m ento , CA 95814 money less_ 'I'his prison outcome· Educational M'aterials (Folso m an d/or e MF Vacaville) i.~ anyone's 'guess, for Prisoners We are unable to take any more civil rights cases, World of keYJl writs, or appeals, and silent pleas. The convicted i:;I one Pre-Trial no one _$. Post-Conviction ------, The guilty are i 20% OFF PURCHASE with this coupon I being locl~ed away. ~ail and The propl~ though!, I SOUDI BAY dElfELRY & WAl~ I here to sta\', Prison Conditions Buy - Sell Accepting idll8liJ of 9Qmethilli not: true II FINE ,JEWELRY & DLuVIONDS II limits not exploitWQIl Write for our catalog: Expert Jewelry & Watch Repair of !he prisotie'r and yOu. The law tQiIay I Since 1952 I Attn: Jacqueline Henss deDiesp1ll.@!l ~'ts . ALL 1.OA1\1S CONFIDENTIAL I .me ymi 'Willing tQ P.O. Box 188131 Jilin me,oJll) ()r;~ ,I 16701 Hawthorne Blvd. (213) 371-4571 Sacramento, CA 95818 Cold. cold nigh'U?{ -~ L L=n~e , ~~6~ ______~3)~0~4~ JAMES f. SMITH The California State The California State ATTORNEY Prisoners Handbook Prisoners Handbook 2nd Edition NOW AVAILABLE! Most knowledgeable Summary of Chapters expert in California Ch. 1: Administrative Appeal Procedures of the Department of Cor- Send for your copy by rections and Board of Prison Terms deportation proceedings mailing check and order form to: Ch, 2: Rights of Prisoners resulting from criminal Prisoners Rights Union Ch. 3: Classification and Transfer 1909 6th St, Sacramento, CA 95814 Ch. 4: Determinate Sentences, Time Credits and Release Dates convictions, treaty transfers Ch. 5: Life Prisoners Ch. 6: Disciplinary and Segregation Procedures and immigration # of copies _ _ The California State Prisoners Handbook criminal matters Ch, 7: Medical and Mental Health Care REGULAR PRICE: $7500 + $300 shipping + $500 sales lax = $8300 Ch, 8: Detainers and Extradition Ch, 9: Workers' Compensation and Other Benefits PRISONER PRICE: $37S0 + $300 shipping + $250 sales lax = $4300 Fee $100 Per Hour Ch, 10: Early Release, Temporary Release, Work Furlough, and Special Prison Programs $1000 Minimum Retainer Tolal amount enclosed $ ___ _ _ Ch. 11: Parole Ch. 12: Writs of Habeas Corpus and Mandate Name ______JIM SMITH Ch. 13: Federal Civil Rights Actions and State Law Actions Ch. 14: Direct Appeals of Convictions P.O. Box 188992 Address ______Ch, 15: Legal Research Sacramento, CA 95818 City / Slate / Zip ______Included, also, are appendices with sample cases and fonns as Phone (916) 448-5273 Please make checks payable to the Prisoners Rights Union . well as a table of authorities, ... '"