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FLORIDA PRISON LEGAL Ers Ectives VOLUME 8, ISSUE 3 ISSN# 1091-8094 MAY/JUNE 2002

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FLORIDA PRISON LEGAL Ers Ectives VOLUME 8, ISSUE 3 ISSN# 1091-8094 MAY/JUNE 2002 FLORIDA PRISON LEGAL ers ectives VOLUME 8, ISSUE 3 ISSN# 1091-8094 MAY/JUNE 2002 about contraband atthe work camp veteran with the FDOe,but Guillot FDOCGUARDS that is located at a major Florida had only been with the DOC six ACCUSED OF prison-Gulf Correctional Institution. months before the alleged torture of When Webb refused to supply Webb took place. Webb has since PRISONER information he was then taken been released from prison. outside where the ~rds handcuffed In response to the 'firing of TORTURE his arms behind him around a small the three guards FDOC Secretary tree. McLemore then sprayed Webb Michael Moore.stated, 'We have no FIRED with a chemical like,pepper spray as tolerance for abuse ofinmates in our Webb hung helplessly fastened to the custody." Moore made no comment tree. Webb believed the spray was on whether he thought Webb's abuse WEWAHITCHKA-Three Florida not the same as that issued to DOC was another "isolated incident" as he Department of Correction's prison guards. labeled the murder of death-row guards were fired April 19 following DOC documents say that prisoner Frank Valdes by guards in a year-long investigation by the then the guards beat Webb, hitting 1999. department into allegations they him .numerous times and then left The allegations of Webb's tortured a state prisoner. him cuffed to the tree for an treatment are far from the only Fired were Lt. Cannen "extended period oftime." allegations of abuse at prisons McLemore, Sgt. Christopher Wood McLemore had worked for located in Gulf County. The main and Correctional Officer Donald the DOC for 12 years, and is also a prison, Gulf Correctional, has a' Guillot who were' accused of Gulf County Commissioner. Several widespread reputation among torturing prisonerWdliam Webb at years ago when a prison chain gang Florida's prison population as being Gulf ForestJy Camp, located in the was operated out ofGulfCI, another one of th~ state's worse prisons, rural Florida panhandle, in July prisoner accused McLemore of where prison guards appear to have a 2000. making him get on his knees where Dee rein to beat and abuse prisoners. DOC investigation McLemore put a loaded handgun to According to some sources, newly documents allege that the guards his head and cocked it. The FDOC arriving prisoners at Gulf CI. are began by slapping Webb while trying took no action in that case. often told when they get offthe bus to force him to reveal information Wood also was a 12-year that while the town ofWewabitchka I'AMIUES ADVOCAlES PRISONERS Mandatory HlV Testing Bill 2 ~ Death Penalty Debate Increases ~ ... .. 4 FDOC Annual Report Summary.............................................. 7 Post Conviction Comer... ....... ........ ...... 10 ~ Notable Cases 14 Writing to Win 18 UIIITED fOR !'RlSON REfORM ---------------FLORIDA PRISON LEGAL PerspectIVes FLORIDA PRISON LEGAL is nearb~that they are now in According to ber bill, if ' PERSPECTIVES 'Wewillhitcba" as what will happen signed or allowed to become law by P.o. Dol: 660-387 if they cause a problem. This Gov. Jeb Bush, prisoners found to be Chuluota, Florida 32'766 statement is usually made by a higb­ HIV positive will be linked to health Publishing Division of: ~guard. care while stiU in prison, and referred FLORIDA PRISONERS' LEGAL A~D One prisoner who just left to doctors for Medicaid bankrolled ORG., INC 0u1f CI after being there six years. ' treatment once they are released. A SOl (cX3) Non ProfitOrganilation claims guards murdered several The bill provides exceptions to FlIX (.ron 56B.0200 EmaiJ: [email protected] prisoners while he was there, but prisoners who have already been Website: www.fplllO.org nothing was ever done about it tested within the year before their because they were always covered up release, to those already known to be and the FDOC central office didn't HIV positive, or to those released by seem to care what happened there. an emergency court order. FPLAO DIRECTORS While recently, he said, the beatings The bill's passage came only Tcn:sa A Bums-Posey Bob G. Posey, CPL have slowed down some, they still a couple o.f' months following the . DancIJ E. Blackwelder, CPL are' happening, "especially in the release of a new report by the David W. Bauer, Esq. , confinement unit." Centers for Disease Control in Loren D. Rhoton, Esq. Oscar Hansen, CPL [Sources: St. Petersburg Times, Atlanta. The CDC report released in Linda Hanson 4/20/02; personal interviews]- February indicated that AIDS is the leading cause of death among blacks in Florida between the ages of24 to FPLPSTAFF BILL PASSES 44. The CDC report also listed the Publisher Teresa A. Bums-Posey 10 U.S. cities with the highest Editor BobG. Posey LEGISLATURE HlV/AIDS infection rates in 2000. Co-edltor Oscar HlIl1SOfI Rcsearclt Shenilohnson FOR Miami headed the list, with 58 cases AdministnUivc Assistant Darrell E. Blackwelder per 100,000 people. Ft. Lauderdale MANDATORY was third (behind New York) with 53 cases per 100,000 and West Palm FPLP ADVISORY BOARD . William VlII1 Poyck HIVTESTING OF Beach reported 48.2 per 100,000. Philip Bagley-Terry Vaugim Disturbing to Rep. W1lson is . MldJacl Lambrix-lamcs Quigley PRISON that blacks top all other ethnic groups Unda Gotllieb-Susan Manning Enrique Diaz-Genc Saber in total AIDS cases, about 35,000 Michllcl Palmcr-Mark Sherwood RELEASEES blacks in Floricla-one in every 50 Trisb Mills black people-carry IfiV according to TALLAHASSEE-During April the the Fla. Dept. of Health. Florida's Florida Legislature passed a bill that prison population is about 60 percent would require all prisoners being black. released from Florida Prisons to be That prisons are tested for HI\~ the virus responsible experiencing an HIVIAIDS' epidemic for AIDS. is not new news. In a report released House Bill 1289 (2002) was by the Bureau of Justice Statistics, a sponsored by Representative bureau within the u.s. Justice Frederica Wilson, D-Miami, and Department, in June 2001, it was would require the Florida noted that AIDS cases among Department of Corrections to test prisoners is five times greater than prisoners for HIV at least 60 days the rate "among the nonincarcerated before they are released from prison. general population of the United "AIDS is being fed and bred States. The BJS report, surveying in prisons," Rep. Wtlson said. prisons and jails nationwide between "Promiscuous sexual acts, 1995 and 1999, found that 3.4 intravenous drug use, needle sharing. percent of all female state prisoners and the proliferation of tattooing," were HIV positive, compared to 2.1 are mctors that contribute to HIV in percent of male prisoners. And Florida prisons, claims W1lson. while the number ofAIDS deaths in ______________ 2 ------------- FLORIDA PRISON LEGAL Perspectives --------'------- state prisons had dropped from the cost. 'IfHB 1289 is implemented 717,000 prison and jail guards, and \,\)\Q in 1995 to 242 in 1999, AIDS. it is exPected to cost taxpayers $1 455,000 people who work in the remains the second-leading cause of million a year, pemaps a hard sell court system, according to the BIS death for state prisoners, only behind with the budget situation in Florida study. The expenditure in 1999 "natural causes other than AIDS." sotigbt. amounted to 7.7 percent of all state Still, the percentage of AIDS related and local gove~ spending, deaths in state prisons is almost twice [Sources: BJS report, HIV in Prisons approximately the' same as aU the rate ofAIDS related deaths in the and Jails, 1999, NCJ 187456, July government expenditures an health general U.S. population. 2001 (available from care and hospitals for the same The BJS report is of even www.ojp.us.doj.govlbjsl; The Miami period. more concern as relates to Florida. Times, 4/24 - 30102]- . The monumental cost of Although AIDS cases are found in crime and incarceration has caused every prison system, New York, some states around the country to re­ Florida, and Texas were the three BOOM OR BUST evaluate laws that were adopted in most infected states. Collectively, The High Cost of Running a the 1980's and 90's behind "lock those three states account for one­ Prison Nation them aU up" policies that forced half of the HIV-positive cases in many states into a prison buileting prison reported nationwide. America, the land of freedom and frenzy. With many states struggling HIV testing varies widely liberty, imprisons more of its own with budget deficits this year, some among prison systems. Texas and citirAms than any other country in the states have realiz.ed that perhaps the Geo~ for example, have very world. In a report released by the "get tough" policies went too far and limited testing. Florida has U.S. Justice Department this past are now looking at ways to scale previously only tested when a August statistics showed that the back spending an incarceration and prisoner requests it. U.S. federal, state and adult prisons. Other states require more correctional population rose another Collectively, states report ftequent testing. Some states test aU 2 percent in 2000, to a I'eC9rd 6.5 that they anticipate a $40 billion prisoners when they enter the prison million people. That number budget shortage this coming fiscal system. Only three states, Arkansas, represents the total number of year, which ifrealized will~be one of Nevada, and South Carolina, and the prisoners in prisons and jails as weD the most burdensome deficits ever Federal Bureau of Prisons, test aU as those on probation or parole. The experienced. The last time states prisoners at least once a year. 2 percent increase, however, was experienced substantial budget Even more problematic in below the ~ual increase of 4 shortages was in 1991, when together Florida is while there are laws that percent averaged for each year they had to cut $7.6 billion, less than require prison officials to provide during the last dec:ade.
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