FEMALE PRISONERS' DEATHS' QUESTIONED MONTICELLO, FL - During November found herself in solitary confinement at policies. Krell apparently did not '98 the FPLP staffreceived several letters Jefferson CI after she had filed understand that many prison guards and from correspondents at Jefferson Correc­ complaints with prison officials alleg­ officials believe that they can treat pris­ tional Institution (JCI), located in Monti­ ing brutality and harassment by prison oners any way they desire now that cello, FL, expressing concern about the guards. prisoners have had their access to the circumstances surrounding the hanging Thi.s was Florence Krell's first time courts almost totally cut off, and amid "suicide" of a female prisoner in the in prison,' she had no significant prior the retribution-not-rehabilitation "get confinement unit at the institution. record. She was on probation for bur­ tougher on prisoners" political dema­ Something wasn't right, the letters glary in early ]998 when her boyfriend goguery that encourages prisoner wamed. There was more to the death than reported her to police for failing to re­ abuse. prison officials wanted to be known, the turn his rental car. Krell, who lived in . Krell, the mother of two children letters informed. Rumors were flashing Hollywood, FL, was then convicted and the daughter of a former police among the other prisoners, it may not for grand theft and sentenced to detective, perhaps thought she had some have been a suicide or if it waS something 18-months in prison for the rental car "right" to speak out. Sadly, she soon forced it, and officials were trying to keep incident. She became another of the learned the truth the toughest way ofall. what really happened secret. many hundreds, if not thousands, of In mid-October Florence Krell was It's hard to keep a secret in such a women sentenced to prison in Florida . found hanging dead in her prison cell. closed environment though, and this one for relatively minor non-violent of­ No one seems to know exactly what proved impossible to keep as more letters fenses. started Krell's problems. FDOC were written and answers begin to be Krell was sent to JCI in September grievance records, document that she' demanded. The full truth still is not of 1998. Almost from the start she was had frantically and repeatedly filed known, but the details that did surface in labeled a trouble-maker by prison staff. grievances asking higher officials to late November were enough to spark out­ She apparently could not believe the stop guards from harassing her. All of rage from many in Florida and lead to world that she had been thrown into and those were denied. In a letter, that was calls for a full-scale independent investi­ what was allowed to go on in it. She later confiscated by prison officials, gation of the Florida Department ofCor­ mistakenly believed that it was okay to Krell wrote that she "lost it" on Sept. rections (FDOC) lUld prisoner abuse speak out about it, as anyone would 17. She allegedly threw all her posses­ and conditions of confinement in who has no knowledge about how sion into the hallway and threatened to particular. widespread it is becoming in the FDOC jump offher top bunk unless the guards The incident began routinely enough for prison staff and officials to use any quit harassing her. (for Florida prisons) when Florence Krell, means to suppress any complaints by In response to this guards, pumped an attractive 40-year-old female prisoner prisoners under the "get tougher" pepper spray into her cell until she al-

FROM THE EDITOR 4 NEW FDOC SECRETARY NAMED 4 FL CORR. COMMISSION 1998 ANNUAL REPORT 5 FDOC MAIL RULES AMENDMENTS RE·PROPOSED 7 iN THiS lSSUE NOTABLE CASES 9 AROUND THE NATION 12 • LITERATURE REVIEW 14 most could not breathe and her skin and fear of further harm, while asking Judge FLORIDA PRISON LEGAL eyes burned. Then guards entered the cell' Carney to please investigate and help her. PERSPECTIVES and took her mattress and clothing. "I Prison records document that before she laid down naked on the metal, no blan­ could mail the letters, however, that they POBox 660-387 kets, nothing to cover up," she later where "confiscated" by guards asserting Chuluota, Florida 32766 wrote. "I laid in that room untH 'the next that they had the right to seize them­ Publishing Division of. morning they gave me a blanket." because she failed to write "legal mail" on PLOIlIIIA .RISOIlIIlS UGAL 4111 OIlOAHlZAnoll.llIC, A SOl(c}(3) Non Profit Organization After several days ofthese conditi.ons the envelope to the judge. No explanation (407) S68.()200 , Krell asked a confinement officer to al­ has been given why her letters to her Web: hllp:/Imembers.aol.comlfplp/fplp.html low her to speak to a higher official. mother were confiscated. Little did she know that such a request Although JCI prison officials could FPLAO DIRECTORS often triggers retaliation. In Krell's not verify that Krell was under a suicide TERESA BURNS case, two male guards accompanied by watch before her death, records verify that BOBPOS5V two female guards suddenly showed up she had been assigned to a prison psychol­ DARRYL McGLAMRY at her cell door after the request. ogist, as all prisoners in confinement are DAVID W. BAUER, Esq. She had "contraband" they said, in suppose to be. But further inquiry into that FPLPSTAFF the form of "toilet paper and a plastic revealed some disturbing facts. Reporters cup." They demanded that she stand from the Tampa Tribune, who worked Publisher TERESA BURNS Editor BOB POSEY naked before them while they recovered closely with FPLP staff as this story un­ Layout Editor JOHN OAKS the "contraband." "I said 'No,' because I folded, discovered that the prison psychol­ Research SHERRI JOHNSON was naked and the two male guards were ogist assigned to Krell, David A. Admin. Assls. USA FAULKNER present," Krell later wrote in one of her Schriemer, had no valid credentials to TRACIE ROSE formal grievances filed with the FDOC. practice psychology. FPLP ADVISORY BOARD The guards claimed that 'she was on a .Schriemer, it was discovered, had noth­ WILLIAM VAN POYCK "suicide watch," but records later ob­ ing but a mail-order doctorate, from a non­ PHILIP BAGLEY· SHARON SIMMONS tained by the Tampa Tribune did not accredited school. He, however, was listed TERRY VAUGHN· MICHAEL LAMBRIX ALAN J. COTION • JAMES QUIGL£Y confirm this. But when Krell refused to not only as a psychologist at JCI, he was JAMES TAYLOR - JUDIE HIGHTOWER stand up, "[t]he two males pulled me off the "senior" psychologist at the institution. CARL WEU.S - GLENN SMITH the bed by my feet and legs. I tried to go The FDOC claims that it had twice BRIAN MORRIS· EARN HOWARD LINDA GOTTLIEB - SAiLY WILCOX under the bed ... and the female sergeant tried to dem()te Schriemer because of his JANE PRATI • PAUL ADAMS grabbed my ankle and twisted it, n her lack of educational and professional KIMBERLY PEOPLES -PEiER BLANI'ON JAMES MAJOR - ENRIQUE DIAl grievance continued. credentials. Yet, each time, inexplicably, SCOTIGRAY Overpowered, Krell tried to retain Schriemer was reinstated by the state Pub­ what little human dignity she had left. lic Employees Relations Commission; de­ FLORIDA PRISON LEGAL PERSPECTIVES iJ pllbliWd iii­ m

F.P.L.P. VOLUME 5, ISSUE 1 Page 2 ) ued by mainstream media reporters, sev- fourteen year sentence that she had re­ with the people in the Civil Rights Divi­ , eral officials were called on to comment ceived in 1996. She also had a record sion, and they are looking at it to see ifan on Krell's death. Howard Simon, exec­ from 1994, where she had served commu­ investigation is warranted,II said Simon. utive director of the Miami Chapter of nity supervision for other charges. Simon also repeated his call for an the ACLU, called for an independent in­ The FQOC has not released much in­ independent investigation into prison con­ vestigation, stating, "I just don't think you formation about Elmore's death. Silence. ditions for women. To Florida's new In­ can trust the system to investigate itself. If seems to have been selected as the best spector General, Marcia Cooke, he wrote you allow the system to inveStigate itself, cJefense; they state they. are still noting the Justice Department's inquiry nobody should b'a surprised when,six "investigatinp" her death. and that his office had received anony­ months from no\\, the Department [of _FPLP staf,f contacted ,Christine El­ mous contact from prison staff reporting Corrections) comes back and says that, more's father,' who stated that he does not "practices which include sexual activity though it was a regre\1able ouicome, no­ believe that she would have killed herself. between inmates and correctional officers, body from the Department of Corrections He told, FPLP's publisher Teresa Bums significant sexual abuse and harassment, did anything wrong.'t that he had just talked to Christine on the deliberate medical mistreatment, and Called upon to i~vestigate, Leon Co. phone a few days before she died and she unnecessary violent activity directed at State Attorney Willie Meggs said he will did not seem depressed or upset about women prisoners." But, he noted, the Mi­ review Krell's death to see if criminal anything then. He considers her death sus­ ami ACLU had not confirmed these re­ charges were warranted. Gov. Chiles said, picious. ports. through a spokesperson, that he would not Following this second death, the The day before Simon's announce­ start an independent investigation until the Miami office of the ACLU, through its ment ofthe Justice Department inquiry, it FDOC finished their investigation and is­ executive director, Howard Simon, was not surprising when the Leon Co. sued a report. Gov.-elect Jeb Bush said wrote a belated letter to Gov. Chiles State Attorney sanctioned an FDOC re­ that he "might" intervene in the state's condemning these tragic events and again port finding that Krell's death was a inquiry into Krell's death. , calling on Gov. Chiles to appoint ali inde­ suicide. Elmore's death continued to be State Sen. Ginny Brown-Waite, newly pendent panel to review conditions ofcon­ "investigated" by the FDOC. appointed chairwoman of the state Senate finement for female prisoners in Florida. During December, outgoing FDOC Criminal Justice Committee, commented Simon wrote, "While there is still con­ Secretary Harry Singletary rejected an of­ that she would see'k further info on Krell's siderable secrecy with regard to the death fer by the Florida Department of Law death from the FDOC. ofChristine Elmore, facts already estab­ Enforcement to assist the FDOC in the The Tampa Tribune first reported on lished with regard to the death ofFlorence investigation ofthe two deaths. Krell's death on Nov. 29th. This was fol­ Krell raise serious questions about the This situation has highlighted the lowed by a report in the Dec. Ist Miami treatment of the 886 female inmates at need for an independent and impartial Herald. While the politicians formulated that institution." Simon continued, "For body with the power to investigate the their comments as above, and the FDOC a number of reasons, - we believe that operation of the FDOC. FPLP has been hurried to defend itself by claiming that the incidents at the Jefferson Correc­ warning of sexual abuse and harassment this was the first female prisoner suicide tional Institution may reflect systematic and mistreatment of female prisoners in ever in Florida, on Dec. 3rd '98, another mistreatment of female prisoners at that Florida for quite a while now. But, the female prisoner was found hanging in a facilitY and the three other state prisons problems are certainly more widespread. Jefferson CI confinement cell. for women." While conditions in the female prisons Stunned? So were the FPLP staff It is notable that the Florida ACLU certainly need attention and correction, and others who had rallied for the had "reasons" to believe that female pris­ there is an apparent epidemic ofabuse disclosure of facts surrounding Krell's oners were being mistreated before Krell's in our prisons, especially in the confine­ death. On Dec. 4th, as the Tampa Tri­ and Elmore's deaths, but had did nothing ment units. FPLP staff has received bune went to press with more facts in about it. Simon ,stated in his letter to Gov. recent information that a prisoner in con­ Krell's situation, it was only able to ~eport Chiles that both the Miami ACLU office finement at Charlotte CI had his neck that FDOC officials were reporting and the national office have been receiv­ broken in a "use of force" by prison another female prisoner's attempted sui­ ing complaints by women prisoners in guards. This information comes only a cide, while not n~ming her pending Florida alleging physical and emotional few months after I0 prison guards at family notification. The "attempt" was abuse, but to FPLP's knowledge this is Charlotte CI were indicted by a federal successful, the prisoner died on Dec. 5th the first letter or action taken by the Mi­ grand jury for the torturous beatings ofan in a Tallahassee hospital. ami office to even admit there is a prob­ HIV+ prisoner with him being deliber­ Her name was Christine Elmore, a lem. ately allowed to bleed to death, chained to 25-year-old Polk County woman. El­ The Miami ACLU, however, intends a steel confinement bed, after slashing his more's death did not create the stir that to pursue this matter. On Dec. ~4th Simon wrists. Krell's did but the circumstances of her announced that the U.S. Justice Depart­ In a letter to her mother, confiscated death have not been fully explored yet. ment had begun a preliminary inquiry into by JCI guards the day before she died, What is known is that she was in prison Krell's and Elmore's deaths. "It's at the Florence Krell's words echo far beyond for murder and robbery with a life and a preliminary stage. I have had a discussion her death, martyring her in the struggle

F.P.L.P. VOLUME 5, ISSUE 1 Page 3 occurring in our prisons, and demanding FPLP. This, if adopted, would include more changes that are expected. Staff is more response than just words or postur­ voting rights in the direction the organiza- working now to increase the number of ing. "I will be 41 this Thursday.... rm not tion takes and in the projects taken on. pages in each issue ofFPLP. This should a little girl anymore and not all that grown Any input on this is welcome by the staff. occur in the next issue or so. We are yet, but ... in any fight I don't like to be The general consensus is that it will be also looking for someone interested in down on the ground.... I will tell the peo­ adopted soon.' , operating the FPLP W~bsite. There are, ple ofFlorida this until they find out what Another change, that is ljasically un- currently two FPLP sit~s on the Internet, they are doing and have done to me." ­ ~voidable as the paper and,organization but they only carry pasic infonnation. BOB POSEY. grows, beginning May 31, 1999, there will That is, because we do not have a Web­ be a slight increase in subscription rates master with the time .to post info to the FROM THE EDITOR, ',' for FPLP. One year subscriptions for pris- site and ~ep it updated. Anyone inter­ oners will change the least, from $5. to ested in serving as FPLP's Webmaster Over the past four years FPLP has $6. Rates for non-prisoners, free citi- please contact me directly ar: ,Rr. 7, Box grown from a hand-typed, photocopied zens, will go from the current $~O to 376, Lake City FL 32055. It is very im­ flyer with less than 10 subscribers to a $12, and business/institution rates WIll go portant that the news is distributed on this computer lay-out, professionally printed from $25 to $30 per year. Low-income valuable medium. newsletter that is approaching 2500 sub­ family members or friends ofFlorida pris- Well, that's about all for this issue. I scribers, with perhaps three to four times oners who cannot afford the increased would asked that you enjoy this issue, that number of actual readers. Not bad! rates can obtain a subscription for what- except for the fact that it contains some What is even better is that it has become ever they can donate. very disturbing news. It will continue to more than just a newsletter, one of the Until May 31 st, you may still sub- get more disturbing unless we continue to initial goals was to fonn a network and scribe. to, or renew and extend your cur:- work together for change. Encourage that is being achieved. The importance of rent subscription, to FPLP at the current others to subscribe and get involved and this, in this era of "I can get tougher than rates 'of $5, SIO, or S25, respectively. those changes will come. Prisoners, en:­ you" and "lock them up and throwaway After May 31 st, however, any subscrip- courage your family members and friends the key" knee-jerk policies and. dema­ tions received paying the "old" rates will to attend the Tallahassee Rally on March goguery, cannot be overstated. be pro-rated, with such subscribers receiv- 11th. Yours truly, BOB POSEY, Editor. I would like to take this opportunity to ing 5 instead of6 issues per year subscrip- ...-- '""":'" -:-, personally and publicly thank those who I tion. New U.S. postage stamps will still be NEWS BRIEF know have worked the hardest to make accepted after May 31 st for subscriptions FPLP possible and help achieve the goals. in an amount at least equal to the new On September 28, ]998, the FDOC had a :rHANK YOU, to Teresa Bums, my won­ rates. total prison population of 66,861 and a derful wife and the life-force in many During September and October '98 a total bed capacity of 71,580. The aspects ofFPLP, and to John Oaks, for his few FL prisons attempted to reject FPLP Florida Criminal Justice Estimating enduring loyalty and excellent layout going to prisoners. The staff did not re- Conference detennined in a meeting held work over the years. THANK YOU, to ceive any official notice of this attempt. September 28, 1998, that no new prison Lisa Faulkner, assistant non-pareH, and to When prisoners wrote infonning the staff beds will be needed until 2002.• of the attempt, an immediate appeal was Tracie Rose, Sherrie Johnson, Darryl filed to the central office and the rejec- L ____ (Spock) McGlamry and David Bauer, Esq., for all your work and faith. THANK tions were subsequently overturned. All prisoners should have received Vol. 4, YOU, to FPLis advisors, who have GET TOUGH' HARD-LINER helped guide the way and set the goals, Issues 4 and 5. Issue 6 was held up at some institutions in November and De­ and to all those who have contributed to NAMED keep FPLP going strong. cember for almost two weeks as mailroom AS NEW FDOC SECRETARY In December an important goal was stafT apparently waited to see if another by Teresa Bums institution would reject it before giving it realized. FPLP's parent organization, TALLAHASSEE- On December 30th Florida Prisoners' Legal Aid Org., Inc., to subscribers. This practice needs to be challenged if it continues. It is immaterial Florida's new governor - Jeb Bush - named was granted 50I(c)(3) federal non-pro~t Michael W. Moore to replace HlUTy K. Single­ status. As FPLP is a project ofthe orgam­ if another institution rejects, rejections must be based on the conditions of your tary as the head of the Florida Department of zation, donations to either are now tax ~an ma~e Corrections (FDOC). Moore will have to be deductible with the IRS. This is also particular institution and only be confirmed by the state Senate before taking by your particular supermtendent or hIS! going to allow reduced postage co~ts ~nd over the position, but with a Republican rna· other benefits to help the organIzatIon her designee. Please infonn the staff.ifyou jority it is likely there will be n~ ~roble.m. If experience rejection or problem WIth re­ grow in the long run.. .. confirmed, Moore, in many OpiniOnS, IS ex­ The directors are lookmg at modlfymg ceiving FPLP and use the appeal proce­ actly what the FDOC does not need: an anti­ dures to challenge any and all publication program, get tough conservat~ve. who has a the by-laws to include membe':5h~p into controversial history in correctIons. the organization with, subscrIptIon to rejections. In the immediate future there are some Michael Moore, 50, has served since 1995

F.P.L.P. VOLUME 5, ISSUE 1 Page 4 / as the head of South Carolina's prison system. Moore's appointment. and disappointment that The bad news is that the programs Shortly after taking over there he was credited Bush would start out by going backwards.• with a riot involving 1,100 prisoners at the Broad available to youthful offenders are River Correctional Institution behind new get­ severely underfunded. More than 86% of lOugh-on-prisoners policies. As soon as Moore FL CORRECTIONS this population is on waiting lists for place­ lOOk over in S.C. he began dismantling decades­ COMMISSION 1998 ment in academic, vocational and sub­ old policies and programs, many of which bene­ ANNUAL REPORT stance abuse programs. The vast majority fited prisoners in helping them reintegrate into ofthis popUlation is released back into the society upon release. Among the new S.C. policies, Moore forced The Florida Corrections Commission ~ommunity before they have had a chance prisoners to be clean shaven and wear short hair, r.eleased its annual report for 1998 on to participate in any programming. regardless if it conflicted with religious prac­ November 1st. The Commission was cre­ The Commission characterized the cur­ tices or medical needs: He also abolished a ated by the legislature to oversee the oper­ rent youthful offender institutions as college education program and prisoner work­ ation of the corrections system in "warehouses" and in its intensive coverage release program. As the S.C. director, he of this area concluded that it is essential stopped prisoners from receiving packages Florida and to make reports and recom­ from family members, banned personnel mendations, independent of the Florida that the legislature address the lack offund­ clothing. and increased mail and publication Department ofCorrections (FDOC), to the ing in this important area. censorship. I Governor and Legislature on issues con- Criticized by. civil ~ghts groups ~d even ceming the state prison system. The Com­ HIV/AIDS in FL Prisons: The Commis­ moderate .~epubhcans ~n the S.C. legIslature, mission has been in existence now four sion reports that its findings in this area "are Moore onglnally a natIve of Houston, worked E h h C .. . as a regional director of the Texas DOC before years. ac year t e om~lsslon revIews disconcerting, jf not alarming." The going to Soulh Carolina. An informed source several areas ofthe FDOCs management Commission found that in 1995 Florida within the FDOC claims that Moore's appoint- and operation and issues a report on its ranked seventh nationally, in HIV/AIDS ment by Jeb Bush is politically motivated and findings. In this latest report the Commis­ cases as a percentage qftotal prison popula­ connected with Bush's brother being govem~r in sion reviewed nine separate areas. tion (3.4%). In that same year, Florida Tex~: Bush chose M.oore over .several quahfied The areas reviewed by the Commis- ranked second in the number ofconfirmed Flondlans who were Inlerested In the top FDOC .. 1998' I d . (I) E . M h position, yet who were more moderate. slon. m mc u e. xecutl~n et- AIDS cases ofall state prison systems. As soon as Bush named Moore to take over ods Used by States; (2) InspectIOns and Between 1989 and 1997, AIDS deaths the FDOC the FPLP staff began receiving· email Investigations in FL Jails; (3) Condi­ accounted for over half ofall inmate deaths and faxes from S.C. advising strong opposi- tional Medical Release Program; (4) in Florida prisons. The Commission ?on to. his confi~ation. Accordi~g 10 that Youthful Offender Program; (5) HIVI emphasized that the HIVIAIDS diagnosed informatIOn, famd~ members, friends and AIDS in Corrections; (6) Change of Pri- cases are not. accurate, and understated, advocates of S.C. pnsoners were forced to orga- . nize to have Moore removed from the SC DOC vate Prison Company at Gadsden CI; 7) where all inmates are not tested and that position. They credit organized polilical iobbying Special Risk Retirement for CPOs; (8) many inmates are believed to pass and voting in a Democral governor during the last Comparison of Programs for Male and through the system undiagnosed. election with Moore's desire to find a new job iri Female Offenders; and (9) FDOC Legisla­ In 1997-98 there were a total of2,274 Flori~a. He will ~e an ap~roximale $20,O~0 tive Budget and Substantive Requests: confirmed cases ofHIV diagnosed inmates loss .In pay by coming to Flonda, but would stdl Fully summarizing this 268 page in the FDOC. During the same period there receIVe over $100,000 per year. .• . Despite his known history. Moore's potential rep~rt IS. not posslbl.e m the sp~ce 'were 745 confirmed cases ofAIDS. appointment drew weak or naive responses from avaIlable In·FPLP. ThIS report contams The Commission found that costs for some of Florida's supposed prison watchdog much useful and interesting information, testing and treatment ofHIVIAIDS have far groups. The executive direclor of the Miami however, so some of the most impor­ exceeded the legislative appropriation fur­ ACLU,. Howard Simon, cauliously conu,nented tant areas reviewed and findings of the nish~d for such. The FDOC is estimated to that Moore needs ~o re~~ber that pnsoners report will be covered here. spend over $21 million for HIV treatment need to be productIve clllzens when released. John Fullef, executive director of Ihe Florida alone during the 98-99 year, representing Corrections Commission, that was formed to Youthful Offender Program: The Com­ 7% of the total health care budget for the oversee the FDOC, said that Moore should "feel mission reports that it intensively re­ entire prison population. Even this amount· right at home here." Whether this was a reference viewed the FDOC's Youthful Offender was found not to provide for the financial to Moore being good-ol-boy malerial was not Program and found both good and bad costs needed to address this serious prob­ acknowledged, but is suspected. "I don't know news. The good news is that the FDOC lem. how you can gel much stricter. We're prelly tough down here already." Fuller continued. continues in large part to separate Obviously Fuller doesn't have a clue how far youthful offenders, who are defined as An approximate $14 million deficit demagogues and knee-jerk ambitionists can or age 25 and younger and serving their first will be experienced in the funding for treat­ will go. felony commitment, from adult prisoners; ment of HIVIAIDS in Florida prisons Moore defended his actions in S.C. on Dec. that the program is designed to offer reha­ during the 1998-99 year. The Commis­ 30th, explaining that the S.C. prison system "was bilitation opportunities to youthful of­ sion recommended that additional funds be aOOul30 years behind. and the inmales controlled budgeted in this area by the legislature. it." fenders; and that the FDOC has several During early January FPLP staff con­ good vocational programs available to this tacted Jeb Bush's office expressing opposition to population. Conditional Medical Release Pro-

F.P.L.P. VOLUME 5, ISSUE 1 Page 5 gram: This program allows terminally ill inmates have program opportunities eq­ tice Ben Overton who will retire in January or permanently incapacitated inmates to uitable to male inmates,' but noted that 19~ . be released from prison prior to there continues to be a shortage of full­ Justice Peggy Quince is the first Black completion oftheir sentence. The author­ time job assignments for all inmates who woman to be appointed to the state's highest ity to grant or deny conditional medical are.capable ofworking. Relying on FDOC court. Quince, age 50, joins Barbara Pariente as release rests solely with the Florida Parole statistics, the Commission found that over the second woman on the seven judge court. She is a native of Norfolk, Va., and.has sat as Commission. 7000 inmates who could work do not an appeal judge in the Second DCA since Since the inception of the program in have a meaningful job assignment [these 1994. She graduated from Howard University 1992 through June 1998, 271 inmates figures are seriously fudged, FPLP staff in 1970 and earned her law degree from the were referred by the FDOC to the Parole estimates that over 50% of FL prisoners Catholic University of America in 1975. Commission for conditional medical re­ have no meaningful work to do-ed]. Quince worked for the state anomey general for lease. Of that number 106 inmates were As it has in the past, the Commis­ 13 years under Jim Smith and Bob Butter­ granted medical release, 133 were denied, sion recommended that the FDOC place worth, with 3 years exclusively defending 29 died before the Parole Commission emphasis on encouraging PIE programs death penalty prosecutions, before moving to could vote on their case, and 3 cases re­ that allow the FDOC under federal law to the court ofappeal. • ceived no action. contract with private companies to operate , The primary problem with this pro­ businesses in the prison system. The Com­ PENDING CHALLENGE TO gram, according to the Commission, is that mission also recommended, again, that FDOCRULE neither the Parole Commission nor the Jefferson CI, a female prison located in FDOC has a policy and procedure North Florida, be converted to a male In 1996, the FL legislature amended the directive that sets forth timeframes that institution and a South Florida male insti- Administrative Procedures Act (Ch. 120, must be followed i, consideration of an tution be converted to house Jefferson CI .F.S. [1997]) which, in part, modified the inmate for conditional medical release. inmates so that female prisoners from standards that authorize state agencies to This resulted in· the high number of in­ South Florida can be closer to their home. make rules. Under the new Act, an agency mates who died after being recommended The Commission also recom- may only adopt a rule that implements a but before the Parole Commission voted mended that the FDOC design and pro- specific law (Sec. 120.52(8)(g) and on their release. . vide long distance parenting programs for 120.536, F.S. [1997]). The Commission recommended that female prisoners and their children; design During March I~98, Capitol News Ser­ current statutes be revised to provided that programs to assist with the identified vice and reporter Mike Vasilinda filed a inmates serving a life sentence not be needs of female prisoners' children; and, petition with the Division of Administra­ eligible for medical release, as death­ provide domestic violence awareness and tive Hearings (DOAH) asserting that Rule sentenced inmates are not eligible now, education classes to all female prisoners. 33-15.002, F.A.C., disallowing the elec- and that the legislature amend current The Florida Corrections Commis- tronic or mechanical recording of execu­ statutes to provide additional criteria that sion's 1998 AMual Report is available on tions, is a invalid exercise of delegated the Parole 'Commission must consider in the Internet at: www.dos.state.n.uslfgils/ legislative authority, as no specific statute medical release cases. agencies/fcc. The Commissions E-mail authorizes such rule. address is: [email protected]. During the 1998 legislative session, Private Prison: Gadsden CI: The And the Commission's address is listed the FL House of Representatives' Com­ Commission noted that during April of on the back ofthis issue ofFPLP.. mittee on Corrections filed HE 4819 that 1998 privately operated prison Gadsden ...-__....:. --,would have adopted Rule 33-15.002, Correctional Institution (female) changed NEWS BRIEF F.A.C., as a law. That bill, however, died management. Gadsden had been operated without passage when the session ended on by United States Corrections Corporation The Florida Department of Corrections May I, 1998. • (USCe) but changed hands when Correc- (FDOC) is divided into five regions, Even so, the DOAH dismissed the case tions Corporation of America purchased has more than 29,000 employees, and brought by Capitol News Service without a and merged with USCC. However, Cor- received a budget in excess of$1.6 billion hearing. The plaintiffs petitioned for rein- rections Corporation of America did not for the 1998-99 fiscal year.l statement ofthe case, and again the DOAH notify the FDOC ofthe change for over a denied a hearing. As of October I, 1998, month after the change became effective, FL SUPREME COURT the plaintiffs filed an appeal in the 1st and inmates at the institution were never New Justices DCA ofthe DOAH's action and a ruling on notified ofthe change in management. The this issue is pending. Commission recommended that future On December 7, 1998, Governor Chiles The resolution of this case should be contracts with private companies to oper- appointed Miami trial attorney R. Fred Lewis watched for. The FDOC's general rule­ ate prisons include a clause concerning to the Florida Supreme Court. Lewis replaces making authority at Sec. 944.09(1)(r), F.S., retiring Justice Gerald Kogan. The following protocol in management changes. day, December 8, 1998, both Governor was repealed during the 1998 legislative Chiles and Govemor-elect Jeb Bush jointly session. Right now it appears that many of Program Comparison, Male/Fe­ appointed Peggy A. Quince, a Second District the department's rules, that had been male: The Commission found th'at female Court of Appeal (DCA) judge, to replace Jus-

F.P.L.P. VOLUME 5, ISSUE 1 Page 6 '. adopted under that former general author­ .FDOC MAIL RULES : Often prisoners no longer have an attorney ity, where no other specific statutory au­ AMENDMENTS and must depend on family members/ thority exists validifying them, are poten­ friends to obtain and send them legal tially invalid exercises of delegated leg­ RE-PROPOSES documents such as transcripts, pleadings, islative authority. In the last issue of FPLP it was re- discovery reports, from the courts. Or tbe In a couple of recent p,risoner- ported that the FDOC had withdmwn its prisoner may have such materials stored at . initiated challenges to rules without proposed rulemaking to make numerous home and need it to be sent to work on specific statutory authority the FDOC is changes to the department'~ rules con- hislher case. The provisions of this new attempting to maintain that the general ceming routine, legal and privilege mail proposed rule amendments would appear and vague provisions of Sec. 944.09(i)(a) that is sent to or mailed by FL prisoners. to prohibit that, unless it is less than 5 and (e), F.S., still gives them the authority (See: VolA, Iss.5, "FDOC WITH- pages, or someone takes the time to send 5 to adopt any rule they wish or keep rules DRAWS PROPOSED MAIL RULES.") pages per envelope ofwhat may be a 500 that were adopted under the former That report was correct. However, in a page transcript. The' proposed amend­ 944.09(1)(r). This does not appear to rare occurrence Gust two days after the ments would make no exception to the comply with the intent ofthe new section last FPLP went to the printer) on Novem- 5 page additional material provision. at I20.52(8)(g) or 120.536, F.S. ber25, 1998, the FDOC inexplicably re- Another apparent problem that has If Capitol News Service is successful in proposed amendments to the same rules. existed for years and that is not their challenge, this may open the FDOC They restarted rulemaking to amend these addressed in the November 25th rulemak­ up to challenges to invalidate many of rules-again. ing proposal is the FDOC practice of im- the current rules of the department. For These new proposed amendments are mediately returning mail to the sender a further understanding of the recent Sec. notable in that they contain several sig- whenever it contains alleged inadmissi­ .120.52(8)(g) and 120:536, F.S., require­ nificant provisions than what the de- ble correspondence or other materials­ ments see: The Florida Bar Journal, partment initially proposed, and received before the prisoner or sender has an op­ March 1997 issue, "Legislative Over­ much opposition about, earlier during portunity to appeal the censorship to a sight," by Patrick Imhof and James Rhea, 1998. Most significant are the new pro- person other than the person making the page 28-34. -ed • posed changes to the routine mail rules. decision to return the mail. This historical r--.-;..------.. This new proposal would allow prisoners' .practice that occurs at almost all FL pris- CRIME RATES to continue receiving postage stamps ons does not comport with the. required CONTINUE TO DROP through routine mail. They also would constitutional procedural due process pro­ al,low up to 10 'sheets of blank paper, tections established in Procunier v. Mar­ A U.S. Department of Justice final envelopes, or greeting cards to be included tinez, 94 S.Ct. 1800 (1974). In that pro~ report released November 22, 1998, in each item ofmail. These proposed Supreme Court case three minimum due shows that violent crime rates dropped in visions are good and create a needed stan- process procedural protections were es­ 1997 for the sixth consecutive year; dard to guide mailroom personnel who'in tablished that must be' followed by Overall, the number of violent crimes, the past have arbitrarily, in cases, refused ,prison officials whenever mail is cen­ including murder, rape, robbery and ag­ to allow the receipt of such material. sored. First, theinmate must be notified of gravated assault, dropped 3.2% in 1997. Those are the positive proposals. the rejection of a letter sent to or written Murder rates dropped to the lowest in 30 The negative new proposals are that by the inmate; second, the author of the years. routine mail would only be allowed to letter must be given areasonable opportu­ Nationwide, since 1991, murder contain up to 5 pages (8Ya" x 11 It) of nity to protest the rejection decision; and rates have fallen almost 28%, rape is additional' written/printed materials.. This third, that objections (appeals) ofthe deci­ down 13%, and robberies have plunged would included any other type material sion to censor the mail must be referred 29%. besides the actual correspo"dence in the to a perSon other than the original In Florida, overall crime rates fell 3% envelope and include newspaper clip- rejection decision maker. and violent crime rates fell 2.6% in 1997. pings, etc. Also, only 5 photographs per When mail is immediately returned In preliminary statistics released by envelope would be allowed and counting both the prisoner and sender of the letter the FBI on December 13, 1998, figures towards the 5 page additional material are prevented from any reasonable oppor­ show that violent crimes were down 7% limit. These proposed provisions are the tunity to have the rejection decision re­ and property crimes down 5% in the first same as propose4 in the initial rulemaking viewed by someone other then the original six months of 1998 as compared to the that was withdrawn. It is now being re- rejector, thus violating the third Martinez proposed. due process protection. The department's first six months of 1997.• L..- ---J The main problem with the "5 "oversight" to address this in these new pages of additional material" proposed proposed amendments needs to be provision is that 'it wjll almost guarantee brought to" the department's attention in Web Page Address: that prisoners will not be able to receive written comments and objections by pris­ http://members.aol.com/fplp/fplp.hlml legal materials or documents from family oners. Prisoners filing comments or objec­ E-mail Address:[email protected] members and friends through routine mail.. tions should review Rules 33- Telephone: (407) 568-0200 3.006(1)(a)4. and (7)(e), FAC, which F.P.L.P. VOLUME 5, ISSUE. 1 Page 7 mailrooms are, not following when mail is immediately returned. A clear provision to ...AN"~~ hold such mail until grievances are ex- , :1.999 hausted should be included in any pro­ C~ITOL posed amendments to the routine mail STA.TE rules. I:I.OT~.A..:R..A.LL~ Concerning the proposed amendments to the legal mail rules, the FDOC is A CALLTO ACTION FOR: clearly determined to further curtail FL PRISONERS' FAMILY MEMBERSIFRIENDSILOVED prisoners access to the courts and their ONES AND ADVOCATES attorneys. The department has again reo MARCH 11, 1999 7:00AM TO 7:00PM proposed the same amendment as before to require indigent prisoners to pay all legal mail postage costs or have a lien This past year, during April, approximately 100 family members, friends and advocates of placed on their account for such costs and Florida's prison population met in Tallahassee during the legislative session to attend a rally and demonstration project in the rotunda of the state capitol building. Organized by'Florida ,reduce the account to zero ifand when the Prison Legal Perspecti\'es, and other groups affiliatcd with the Florida Prison Action Network indigent prisoner ever receives any money (FPAN), that evcnt was a great success. There were displays and information booths set up that to satisfy the lien. examples many of the problems and unaccountable policies of the Florida Department of This proposed provision must be vehe· Corrections..Informational flyers and displays exposed how the families. friends and loved mently objected to in written comments by , ones ofFlorida's prisoners have been and continue to be targeted by policies that have serious all prisoners. This is a clear attempted financial impact on what are largely low-income people, and that serve in cases to unnecessar­ violation of Bounds v. Smith, 97 S.Ct. ily obstruct family and friend relationships. The range oftopics covered family visitation to 1491, 1497 (1977) (it is indisputable that monopolization and gouging involved in the prison collect telephone situation. States must provide indigent inmates at During March 1999 another such capitol rotunda event is going to be held-bigger, better, State expense with some legal mail and more powerful! YOU are invited and needed to be there, or to support the effort. Ifyou postage): and, Fla. Stat. Section have a family member or loved one incarcerated in Florida, this is your chance to join with 944.09(1)(0) (FDOC may not adopt r:ule others to demonstrate to our elected officials in Tallahassee that our voice will be heard. If requiring prisoners to pay any postage you are an advocate of the civil and human rights of the incarccrated, this is your costs that the State is constitutionally reo opportunity to meet with and network with others on the front line in this crucial work. For quired to pay). . prisoners. this is the time that you can stand up and be counted, by encouraging your family Or if the FDOC wishes to maintain members and friends to attend this event and be your voice. and it is the time that your direct that following Lewis v. Casey, 116 S.Ct. support is needed through donations. 2174 (1996), that the Bounds provision is We can no longer be silent and hope it gets better. or wait for someone else to do no longer good law (by some twisted read­ something. Without opposition. there are those in pO\ver who intend to make it much worse. ing of Lewis) and that legal postage costs We all saw the political campaign ads this election based on "getting tougher on are no longer constitutionally required to prisoners." It is time to make our voices heard above those who promote "get tough" prison be .paid by the State, then see Section policies for political gain orjob security platforms. It is time that accountability be demanded 944.5 16( I)(g) (FDOC may establish a of a prison system concerned only with perpetuating itself at the expense of lost lives and limit on inmate accounts and deduct opportunities to change. It is time to come together and speak out against abuse and corruption money exceeding that Iiinit to pay for in the system; speak out against the disregard and arbitrary treatment that prisoners' family, costs of mail postage that State is not friends and loved ones are increasingly subjected to; and time to speak out against the double-taxation. gouging and monopolization that the Department of Corrections is constitutionaily required to pay, limiting' increasingly engaged in. the FDOC's discretion in rulemaking con­ cerning this subject.) This last requires a Alone. not much can be done. That is why we call on YOU to join US to work together minimum amount of money received not for ALL. Efforts are being taken to arrange car-pools and other transportation for those to be taken for any mail postage costs not wishing to attend this upcoming Tallahassee event. Suggestions for displays and information constitutionally required to be paid by the ~ooths are invited from free citizens and prisoners alike. Those unable to attend can support State. The department is ignoring all the this effort by donations, every little bit helps as all the groups involved are non profit and will above in these new proposed amend­ .be depending on your support to make this event even more effective. Working together, change is possible. For more information, contact: ments. Looking at the privilege mail proposed Florida Prison Legal Families with Loved Florida Institutional amendments, this is mail sent to or re­ Perspectives.' ones In Prison Legal Services ceived from legislators, government enti­ P.O. Box 660-387 710 Flanders Ave. IIIO-C NW 8th Ave ties, news reporters or ~gencies, the de­ Chuluota FL 32766 Daytona Bch. FL 32114 Gainesville, FL 32601 partment is' again re-proposing that 407/568-0200 9041254·8453 352/955-2260 such mail be' prohibited from containing Email: [email protected] Email:[email protected] Email: [email protected] anything except correspondence. This (Continued on page J2)

F.P.L.P. VOLUME 5, ISSUE 1 Page 8 " NOTABLE CASES bySherrI Johnson and Brian Morris.

because §IWaonly concerned a parole hearing. Follow­ Plain appealed, arguing that 'the Act, as applied to Ing the above decision by the FL Supreme Court the him, because his prior sentence was completed before the FL Supreme Court Approves Sheley. Limits Fint DCA .quickly mored to deny several appeals pur­ Act became effective. was an unconstitutional ex post Review ofMandamus Denials Concerning luant to §hgkx that were n1ed' against the DOC. E.g.: facto application ofthe law. The 4th DCA disagreed. Quasi-Judicial Agency Actions to Certiorari Spencery. Singletary. DOC.lJ FLW 01403; Rgdgm v. The Court determined that the "Act increases the Singletary, 23 FLW D2404; Hani:! y. S;ngletary.DOC, penalty for a crime committed after the Act, based on a 23 FLW D2404. As noted in the above mentioned article The.Florida Supreme'Court, prompted by the conviction which occurred prior to the Act." And that First District Coun ofAppeal, has issued an opinion In FPLP VoL4, Iss.3, It Is essential that the difference between seeking review of a quasi-judicial agency action "lilt is no different than a prisoner receiving a stiffer that significantly changes the remedies available to sentence under a habitual offender law for a crime com­ prisoners seeking judicial review of quasi-judicial and seeking to compel performance of a ministerial duty (that did not involve a quasi-judicial proceeding) be mitte~ ~fter t~e. passage ofthe law, where the underlying actions taken by the Parole Commission and the convictions glvmg the defendant habitual offender status Department ofCorrections. This change is important fully u!'dentood by all Florida prisoner litigants follow­ Ing §hgkx, It may be however, that the Fint DCA will occurred. prior to the passage ofthe law. (Cites omitted)." and should be understood by every law clerk and refuse to reeognlze the distinction, and hold that onty Plain's conviction and sentence was AFFIRMED. See: IlI2 se litigator in the system. certiorari Is allowed In the DCA even though there was Plain v. State, _ SO.2d 23 FLW 02309 (Fla. 4th DCA In FPLP, VolA, Iss.3, a fairly extensive anicle no underlying qUlUi-judicial proceeding. Since it is felt 10/14/98). entitled "En Ranc First DCA Limits Prisoners' Ap­ that the true pUrJ10se of ~ was to reduce the pris­ peals" was run concerning a case out of the First oner case load of tbe Flnt DCA, then this may very well Mandamus Will Not Lie to Compel Private Attorney DCA: Shelev v. Florida Parole Commission, 703 happen. Regardless, If federal constitutional issues are . to Furnish Court Documents Free ofCharge SO.2d 1202 (Fla. Ist DCA 1997). In that case the raised in every step of tbe state remedies sought, denial First DCA held that prisoners are not entitled to a ofa petition for certiorari revieW by the DCA will serve Prisoner Greg Donahue filed a petition for writ of full appeal to the DCA following the denial of a as final slllte exhaustion and allow the federal courts jurisdiction to again reach the merits of tbe cIlJlmlsl, -sjl, mandamus to try to get the coun to compel his former petition for writ of mandamus in the circuit coun private attorney to furnish him, ~ ofcbarge, copies of that concerned a quasi-judicial decision of a state legal documents that the attorney had compiled during agency. Quasi-judicial agency decisions are those Error to Deny Writ Without Opportunity to serve Reply the apparent course of representing Donahue on a crimi­ that are made by an agency, such as the Parole nal case. The circuit coun denied the petition and Don­ Commission or DOC, that are determined during or 'The Fifth District Coun ofAppeal held. and the ahue appealed. following a hearing in which due process is af­ The DCA correctly noled that the the tiles of a forded. Examples in the prison context are parole Parole Commission conceded, that prisoner Charles Minott should not have had his petition for writ of private attorney, except for documents given to the attor­ hearings, disciplinary hearings, CM hearings, etc. pro~rty hall,eas corpus denied before he was given an oppor­ ney by the client to hold, are the ofthe attorney. For many years the normal judicial remedy sought Pleadings, investigation repons, .subpoena copies, by prisoners to challenge quasi-judicial actions of tumty to file a reply to the Commission's response. Citing Bard v Wolson, 687 So.2d 254 (Fla. 1st DCA repons, and other case preparation documents are prop­ the Parole Commission or DOC has been by a erty ofthe attomey, not the client. petition for writ of mandamus in the circuit 1996) (Where response does not contain mere denial but sets forth matters in the nature of affirmative Second, the DCA noted that even if Donahue's couns. Following a denial of such petition, histori- attorney had been appointed or a public defender that ·cally prisoners had been allowed to proceed with an defenses or avoidance's, appellant should lIave been allowed 20 days to serve a reply. If the response had Donahue still would not have been entitled to the'docu­ appeal to the DCA of the mandamus denial. ments free of charge citing Woodson v Durocher 588 disa~ contained mere denials. no reply would have been However, the First DCA in Shelev SO.2d 644 (Fla. 5th DCA 1991), ~ 598 So.2d 79 · proved prisoners being aliowed to proceed with authorized. In that circumstance, the trial court .would have been required to hold hearing to resolve (Fla. 1992). The only exception would be documents like what is termed a "plenary" or "full" appeal in trial transcripts that were paid for at public expense. the DCA. Essentially. the coun held that since the factual disputes.), the Coun vacated the order ofthe circuit court denying Minott's petition and remanded .Third, the DCA, again correctly, noted that original hearing ofthe agency is like a trial and the mandamus is not the proper remedy to compel a private petition for mandamus is like an "appeal" of that with instructions for the lower coun to allow Minott twenty days to liIe a reply to the Parole Commission's citizen, like a private attorney, to perform a "ministerial trial, then prisoners are not entitled to obtain a duty· required by law. Only government officials have ·second appeal" in the DCA. The coun held that response. See: Mjnott y, State ofFlorida. et al.. 718 So.2d 381. 23 FLW D2290 (Fla 5th DCA 10/9/98). "ministerial duties· created by a law or rule. only certiorari review i~ available in the DCA in , Forth, the DCA correctly noted that even if such a ease. And, ceniorari review is strictly (Comment: This Is a common problem. Circuit courts often will deny habeas and mandamus petitions without Donahue could require the production of "records· limited to review of (I) whether the circuit coun without payment (as if from a public defender, or other failed to afford due process of law, or (2) whether allowing a reply to tbe respondent's response. Although not cited by the Minott court, Rule 9.100(k), F.R.App,P" government official), it would only be for plenary (direct) the circuit coun failed to observe the essential re­ concerning petitions for extraordinary relief of all types, appeals, not for post-conviction proceedings. The DCA quirements of law. The merits of the underlying provides that a petitioner has 20 days in which a reply, CIted numerous cases in support of its conclusion that cause that initiated the petition for mandamus often with l! supplemenllli appendix, may be filed following a Donahue's petition was properly denied. See: Donahue v. will not even be considered under the ceniorari -response (containing affirmative defenses or avoidance) Vaughn,_So.2d---" 23 FLW D2369 (Fla. 5th DCA review; only whether the circuit coun afforded due· toa sho,,: cause order hy the opposing party. -sjl 10/23/98). process and complied .with the essential require­ (Comment: IfDoaahue hid did even a minimal amouat of ments oflaw in denying the petition for mandamus. Prison Release Re-orrender Act'Not Ex Post Facto research Into this matter before IIdgadag It he would have The First DCA in ~ certified connict known that not only was maadamus the tollllly IlDpnlper with another coun that had held that a full appeal Prisoner Joe Plain was released from prison after remedy, but that it is well-settled la Florida that you either should be allowed. This resulted in the Florida serving time .on a prior charge before the Prison Re­ pay for such cnples or you don't get them. What a wlste or Supreme Coon accepting jurisdiction to resolve the lease Re-offender Act, section 775.082(8)(a), F.S. time and energy. This Is a pt'rfect example of tbe need to connict, \\'bich it has now done, upholding and (1997), became effective on May 30, 1997. The Act thoroughly research each and every Issue and remedy · approving the First DCA's decision. That Court provides for greater penalties for new offenses com: sought BEFORE litigation. -sjl stated. "[Wle hold that once an inmate has had a full milled within three years of being released from a review on the merits ofa Parole Commission order Florida correctional facility (Section 775.082(8)(a)I.). Transcripts ofCollateral ProceedIngs in the circuit court, he or she is not entitled to a Plain picked up new charges on August 4, 1997, Free to Indigent Defendants second plenary appeal of the order in the district for burglary of a dwelling wlballery and aggravated court." See: Shelev y Florida Parole Commission battery and had the Act applied to his sentencing In this ease, Joseph Colonel successfully' argued that k1!I, 23 FLW 5556 (Fla. 10/22/98). because. he had committed a felony within three years he has a constiiutional right to a free transcript of the IComment: Do not be confused and believe that lliItt ofhis prior prison release. .. evidentiary hearing cOnducted with respect to his Rule doa not apply to DOC qUlUi-judlcial proceedings just 3.850 motion and that, under the circumstances of this

F.P.L.P. VOLUME 5, ISSUE 1 Page 9 p.1lticuJar c:ase, Miami.Dade County is responsible Wilcox appealed to the IIth Circuit Court ofAppeal lion ofRemedies Even If Futfie or Inadequate for paying the COIlS ofthose trunseriplS. arguing thot the distriel court erred in reUOllClively The Third DCA found that ·mlle U.S. Supreme applying the AEDPA one-year filing provision to his Michsel Alexunder, a federal prisoner housed in CClun,inQriffiny lJIingls,351 U.S. 12. 17·18(1956), petitiCln, w1tere tile AEDPA was not enacted until mClre Floricb, med suit against prison officiIJIs claiming thol lIeld that II State may nClt discrimiftllte alll1inst convicted tIIan five YCllrs after his convielion became final in the tIIeir enforcement ofthe Ensign Amendment that pro­ defendllnlS because of their poverl)' by denying an stal~ coun. The 11th circuit reversed the district court's hibilS federal prisoners from receiving sexually indigenl mppellanl a free lranscript in lIis direcl dismissal and held thot, I1S previClusly noted with ap­ explicit materials violated lIis First Amendment IIJlpeol." The Third DCA also found thol. approxi. proval in a similar case involving a federal prisoner's rights. AleXl1llder sought an injunetiCln. declaratory mutely ten years' later, the U.S. Supreme Court IIcld, Sec. 2255 habeas petition. Goodman v US, 151 F.3d relief, und monetary damages. He did not exhaust the "in Long y Districi Coun oflmm. 385 U.S. 192,193 1335 (IIth Cir. 1998), thot the one-year filing limitation Bureau of Prisons' (BOP) griCVl\llce process claiming (1966), that un indigentllppellunt was entitled to a free in the AEDPA "d(oes) not begin to run againsl uny state tile same relief before proceeding to federal court. The U'llIlSCript in II Stllte postconvielion proceeding.· Find· prisoner prior to the statute's date ofenaClmenl• Middle Distriel Court ofFlorida dismissed A1exandCl's ing thot un indigent defendunt hu a constitutiClnul right The IIth circuit IIJlpeol court REVERSED and RE­ action for failure to exhaust lldministrati\'C remedies as to have court COlt, including COIlS of transtriplS paid MANDED Wilcox's case to tile distriel court for fur· required by the Prison Litigation Reform Act of 1995 fClr by the government. tile Third DCA held thot ther proceedings. See: Wilcox y, FIB Depamnent of (PLRA), 42 U.S.C. Sec. 1997e(a). "Colonel is entitled to a free transcripl ofthe hearing on Cprreclipns F.3d __ , 12 FLW Fed. 029 (11th AleXl1llder appealed the district court's dismissal of lIis 3.850' mGlion.· See: Colpnel y SUlII:, 23 FLW Cir. 10/29/98). his aeliCln to tile II th Circuil Coun ofAppeals raising D2593 (FIll. 3d DCA, 11.25.98). two issues: (I) tllat section 1997e(a) only applies III Not Double Jeopardy to Subject Prisoner to Both stale prisoners because it addressed only section 1983 COUDleI'. Reference to SlIItutory Mallmum Wltll. CrimInal Charges And Disciplinary Action llclions involving state action; and, (2) tIIlll the BOP out Refel"ellce to Guidelines Undercuts Volunlllrl· administrative remedies are futile und inlldequate be­ neuofPlea On October 29, 1998. tile federal 1It11 Circuit cause tile BOP has no authority to award monetary Coun ofAppeal determined that it is not dCluble jeop­ damllges or declare tile Ensign Amendment unconstitu· After entering lIis plea lind being sentenced to II ardy when prisoners are subjected to both criminal lional. seventeen year prison lerm to be followed by II tllree cllarges and in·prison disciplinary action for tile some Addressing AleXl1llder's nrst issue. the \I til Cir· year period of probation, Rodolfo Delacruz sougllt incident. cuit determined tIIat sCClion 1997e(a) expressly pro­ pClSlCOnviction relief under Floridll Rule of Criminal During October 1995 there WIIS a riot at Federal vides that its exhaustion requirement applies to actions Procedure 3.850. Delacruz argued. among otllerthings, Correctional Institution (FCI) Talilldega, AL. Between brought "under section 1983 ... or any otller Federal that his plea was nClt voluntarily entered because lIis 200 and 300 prisoners participated in the riot. The hiw," and I1S such section 1997e(a) applies to federal trial attomey hlld misinformed him with regard to tile resulling damage was eslimated at 53 million. Follow· prisoners' !fum1actions (Ille federal prisoner equiva­ penalty he fllCed if he-proceeded to trial and WIIS found ing tile riot and an investigatiGn, severtll prisoners lent to state prisoners' seeliGn 1983 actiClns). The Coun guilty. DelllCCUZ Clllimed that his lltlOmey told him he were charged witll in·prison discipliftllry vioilltions of also found thllt legislative hislofy "makes clear that could receive a IWenty·nve to tIIirl)' year term of im· the rules and regulations during the riot. They were Congress intended PLRA section '997e(a) to apply to prisOnment if found guilty of both DUI munslaughter subjeCled to disciplinary transfers, confinement, loss of both federal und state prisoners." und ICIlving the scene of an accidenl involving sc:riClUS good time. temporary loss ofprivileges und visitation Turning to Alexander's second issue on appeal, injury Clr deatll. II is lI'IIC tIIat for these two second after being found guilty in prison discipliftllry proceed· lhat exhausting BOP administrative remedies would degree fdonies, absent the sentencing guidelines, tile ings. have been futile and inadequate in his c:ase, tile Court statulofy maximum penlIhy that Delacruz could have Following the disciplinary action. the prison­ held, in effect, thllt WIIS immaterial. received is thirty years imprisClnment. However. ers also were 'charged in criminal indiClments returned Examining priClr case law, the Court noted that "lICXOrding to the guidelines DelllCCUZ could receive by a grand jury. The prisoners pled nClt guilty, and before the PLRA WlIS adopted it had been established no mare than nineteen years' imprisonment absent a moved to dismiss tile criminal charges on double jeop­ in some instllllees that where administrative exhaustion valid depanure sentence.· Signincandy. in his Rule ardy grounds as tIIey hlld a1relldy been subjeCled 10 of remedies would be futile or inadequate that such 3.850 mCllin. Delacruz demonstrated prejudice by in-prison disciplinary action for tile same conduct. The was not necessary in eitller section 1983 or Bivens claiming that he would nClI have entered the plea hlld distriel coun, accepting tile magistrate's recommenda· llctions, especially where tile only remedy sought WIIS his atlOmey properly lIdvised him witll respect to tile tion that the mCltiCln to dismiss be denied, ovemlled tile monClaty damages. But, tile Coun noted that in ~ maximum potential penalty pursuuntto the guidelines. double jeopardy objCClions and denied the motion to I:I!lM. 40 F.3d 347 (I Itil Cir. 1994), und ~ When tile trial court denied relief without altllching dismiss. The criminal cases went to trial, where the Sandoval y Honsted, 35 F.3d 521 (IItII Cir. 1994), records to refute tIIis involunlalY plCll c111im, tile Second prisoners were shackled in the courtroom after tile where botll monelalY damages and injunctive relief DCA expressly noted that "[a) reference by counsc:llo district coun found that they had histories of violent were sought, then lldminislJ1ltive exhaustiCln WIIS re- the Statulllry maximum witllout un explanation of tile behavior and in·prison discipliftllry problems. quired. . guidelines painlS un unrealislic picture of the true At tile trial held in 1996 the prisoners were found The Coun then went on to note and claril)' thot uny exposure a defendunt confronlS.· REVERSED AND guilty on a variety ofcharges and sentencing followed. pre·PLRA ·judicially recognized futility and inllde­ REMANDED. See: The prisoners appealed on several grounds, of wllich quacy exceptions do not survive tile new mundatory Delacrnu SIllte,23 FLW D2S11 (Fla. 2d DCA 11·13· tile II til Circuit Court of Appeals only considered exhaustion requiremenlS ofthe PLRA." , 98) two: the double jeopardy c111im und whetller tile The Court delermined tIIat the only remaining pris~)fters were denied a fair trial as a resull of being exception allowing non-exhausliCln of administrative AEDPA One Year Filing L1mllallon Runs From sllackled in the courtroom. remedies is where Ihere arc no adminislnllive remedies Effective Date ofAd For Both 42 U,S.C, Sec. 2254 In a lengtlly opinion, tile 11th Circuit deter· availllble 10 exhaust (apparenlly some states do not and 2255 mined, essentially, that in-prisCln disciplinary sanc· have grievance procedures). Wllere there is un adminis· tions are "civil" in nature and do not constitute criminal tralive remedy system in place, ho\vever, tile Court held FlClrida prisoner Jessie Wilcox filed a petition punisllment for double jeopardy purposes. Therefore, tIIat those remedies must be exhausled. even if futile for writ of hllbeu corpus on June 24, 1996, .in the the Court "decline(d) to c1usil)' tile regulations and inadequate or ·even if the relief offered bY thot federal court challenging is~ ues that he hlld rtlised in a [disciplinary) as 'criminal." The Court affirmed the program does not appear to be 'plain, speedy. and direct appeal in the Slate court and that became nnal district court's denial of the mCltion to dismiss on the effCClive,'" it still must be exhausted. when tile direcl appeal was denied und a mandate dCluble jeopardy grounds. The IIth Circuit agreed witll the district coon, und issued on July 2, 1992. The federol distriel coun dis­ Next the Court examined and determined tIIat the essentially held tIIat even ifadministrative remedies do missed Wilcox's 42 U.S.C. Sec. 2254 habeu petiliCln district court did not abuse its discretion in requiring nOI provide monelalY or injunctive relief or declllflllOry I1S time-barred under tile Anti-Terrorism and Effective tile prisoners to be shackled in tile courtroom, and thot relief, still, under tile PLRA. it is necesSaIy tlI8l' such DelltIt Penalty Ael of 1996 (AEDPA) one-year provi­ eve'! if discretion hlld been abused thai lhe prisoners claims be presented adminisuatively before those sion in 28 U.S.C. Sec. 2244(d). that became effCClive .hlld failed to sllow uny prejudice as a result. The Court claims con be raised in federal coun. The dismissal of April 24, 1996. The distriel court reasoned that al· noted that the district coun look care thot tile jury never Alexander's complaint for failure to exhaust admin· though Wilcox filed his petiliCln two mClnths after tile saw the shackles. See: United States of America v istrative remedies was AFfIRMED. See: Alexander v AEDPA's effective date, thot Wilcox's petition was Mayes Harris, et ai, __ F.3d __ , 12 FLW Fed. Hm. 12 FLW Fed. C235 (11th Cir. IIISJ98), 159 time-barred under Sec. 2244(dXIXA) because it was C231 (11th Cir. 10/29/98). F.3d 1321. not filed witllin one year of the slllle court of appeal (Commmr: 1bJI case is IMPORTANT and needs to be denying his direCI appeal back in 1992. PLRA Provision RequIres Admlnlstrollve ElbaUl- read and undfntaod by tvf/)' prisco Iidplllr•.,jll

F.P.L.P. VOLUME 5, ISSUE 1 Page 10 Piccirillo & Son, Inc.· Providing Expert Witness and Criminal Justice Consultant Services With Over 25 Years o/Experience in Post-Sentencing, Post-Conviction Relief.. and Corrections Related Matters Post Office Box 10062, Tallahassee, Florida 32302

FREE INITIAL CONSULTATION Inmates May Call Collect or Write to Arrange for a, Legal Phone Call

New Tallahassee, Florida Executive Office Number: (850) 402-0002 Executive Clemency - Work Release - Institutional Transfers Gain Time Correction and Restoration - Disciplinary and Disciplinary Appeals Parole and Parole Revocation - Resolution ofDetainers - Interstate Compact

Services Provided Through Referral to Associated Counsel Direct Criminal Appeals -. Belated Appeals .~ Post-Conviction Relief Proceedings State and Federal Habeas Corpus Proceedings .

ABOUT GARY "AL" PICCIRILLO Gary "AI" Piccirillo has served over 14 years in such state prisons as Sing Sing and Raiford. While incarcerated•. he became a popular jail house lawyer successfully advocating the rights ofhis fellow prisoners. See Department of Corrections v. Piccirillo, 474 So.2d 199 (Fla. lSI DCA 1985); Department of Corrections v. Adams & Piccirillo. 458 So.2d 354 (Fla. lSI DCA 1984); Piccirillo v. Wainwright, 382 So.2d 743 (Fla. 1st DCA 1980), and Adams & Piccirillo v. James,784 F.2d 1077(11 1h Cir. 1985). . . ,

Following ·his release, from the Florida State prison system in 1983 and after years of education ·and hard work. his criminal lifestyle has changed. He is now the President of Piccirillo & Son, Inc., the Editor and Publisher of The Florida Post-Conviction Relief Update, Co-Author of Florida Post-Sentencing. Practice and Procedure, Capital Legal Publishing (1995)and Florida Department of Corrections Law Clerk Training Manual (1996). He has writtenarticles relating to access to courts and post-conviction relief in such legal publications as the Florida. Defender and the Informant. He has lectured in Keiser College on the subjects of post-conviction relief and the history ofguideline sentencing in Florida.

He has served as an expert witness and consultant for the Florida Department ofCorrections in matters relating to access to courts and post-conviction relief, and has served as a Qualified Representative before the Department of .. Administration, Division of Administrative Hearings successfully representing prisoners in administrative hearings. He has served as an Executive Director for a residential transitional inmate release programs with grants awarded by the Governor's Office of Criminal Justice Services for Ohio, and the United States Department of .. Justice. He has over 25 years of experience in post-conviction relief, criminal appeals, and corrections related matters. He has testified before the United States District Court, Middle District ofFlorida as an expert on access to the courts and such related matters as post-:conviction relief in the civil rights case ofHooks v. Singletary, 175. th F.2d 1433 (11 • ~ir: 1985). .

': While \\lith the law firm ofDaley & Associates, he coordinated the litigation in such cases as State 1I. LeroWe.689 So.2d 235 (Fla. 1996); Maddry v. State, 702 So.2d .1314 (Fla. 1997), and Guisasola v. State, 667 So.2d 248 (Fla. r' DCA 1995). Mr. Piccirillo has been recently retained to work with the law firms of Mark Lane out of Washington, D.C., and . William Sheppard, out of Jacksonville, Florida to provide services as' a expert consultant in matters .relating to post-conviction reliefin Florida. '

F.P.L.P. VOLUME 5, ISSUE 1 Page 11 (Continuedfrom page 8) comments and objec~ions to is: Perri tic. See: Austin y. Hopner, 15 F.Supp. \2\0 would mean, if adopted, that a govern-I Dale, Attorney, Dept. of Carr., 260/ (M.D.Ala 1998). ment office or official would have their Blair Stone Rd, Tallahassee FL 32399­ Arizona- During Nov. '98, Maricopa Co. Sheriff privilege mail returned to them if it con­ 2500,. Joe Arpaio opened the nation's first tent jail for tained a booklet, or fonn, or other written! juveniles. Prisoners as young as 14 and sentenced printed material. as adults for up to one year in the countyjail will be POLICY RESCINDED housed in the tents and fed spoilt sandwich meats, The same would be true for news according to Arpaio. The U.S. Justice Dept sued reporters' or organizations; their privilege In November '98 the FPLP staff was Arpaio in 1997 over excessive use of force in his correspondence would be returned to notified that Sumter CI had· implemented county jail. That case was settled when Arpaio them (rejected) if it contained clippings agreed to stop having prisoners hog-tied. Prisoners a new policy prohibiting prisoners on have had to file over 800 lawsuits against Arpaio. they wished to discuss with the prisoner, Close Management (CM) status· from -During June '98, an unidentified transsex­ or drafts of potential articles the reporter receiving postage stamps through the ual prisoner filed charges against Maricopa Co. or journalist might be considering that mail. The staff contacted Florida jail guard George' Back, alleging that Back had are confidential. This proposed rule forced him to perform oral sex.in a cell. Back Institution Legal Service's Executive Di­ resigned after the allegation, with the jail claiming amendment has no purpose except to fur­ rector, Glen M. Boecher, Esq., about this, the sex was consensual. ther cut FL prisoners off from the outside who in tum contacted Sumter CI -On July 2 '98, the federal 9th Cir. Court of world and should be objected to in written officials. It was subsequently deter­ Appeals, ruling on a case out of Maricopa Co., comments to this proposal. AZ, held that the county prison's regulations mined that the policy exceeded Chapter banning sexually explicit materials/publications The November 25th notice was a Rule 33 rules and the policy was rescinded. that depict "frontal nudity" were over·broad and Development notice, the first stage in the Prisoners on CM status have the same. unconstitutional. See: Mauro v. AmaiQ. 147 F.3d rulemaking process. The department will mail privileges as open population and 1137 (9th Cir. 1998), be required to post a (final) Rulemaking can receive postage stamps from fam­ Notice on these proposed amendments California- In July '98 Ronnie Hawkins was or­ ily and friends for correspondence dered shocked by a 50,000 volt stun belt by Long before adoption. That second notice can purposes per Chapter 33 rules. The staff Beach Municipal Judge Joan Camparet-Cassani for be expected to be posied during January thanks those who informed us about the interrupting her during a court hearing. Several or so. "policy," and Mr. Boecher who assisted attorneys filed complaints about the incident and At that point FL prisoners will have a an investigation was started by the CA Judicial in correcti~g the problem, • Commission. Hawkins, represented by an attorney, 2I day opportunity to submit comments has filed suit over the incident. and objections to the FDOC central office NEWS BRIEF -The Los Angeles Times reported in early Oct. concerning these proposed mail rule '98 that CNs prisons system is the only system in amendments. All prisoners are encour­ the U.S. that uses deadly force to break up fights In 1998 both Kentucky and Tennessee between prisoners. Since late '94, 12 prisoners have aged to do so, and have your family and enacted legislation that allows prisoners been shot and killed and 32 wounded by prison friends on the outside send comments in those states who are sentenced to death guards armed with assault rines. Lawsuits over the and objections, or if you have an attor- . deaths have so far cost CA $6 million, to elect lethal injection over electrocu­ ney, ask them to file objections. -Dn Sept. I '98, the CA DOC banned smok­ tion, and provides that lethal injection ing and tobacco possession at 12 prison reception As many FL prisoners filed comments will be the sole means of execution for centers. Gov. Pete Wilson ordered the ban as the and objections the first time around on crimes committed after specified dates. first step in totally banning smoking in CA prisons. some of these same proposed amend­ The ban will reduce prison health care costs and Legislative bills fi'led in the FL legislature arson, claims Wilson. ments, and forced the FDOC to recon­ to enact a similar measure died without sider same and make changes, it needs to being passed. This leaves Florida, Geor­ Dist. of Columbla- On Sept. IS '98. the federal be done again. Encourage and assist oth­ gia, Alabama', and Nebraska as the only appeal court for the Dist. ofColumbia overturned a ers in filing comments and objections. states with electrocution as the sole district court ruling that had held that the "Ensign While some of these new. proposals are Amendment" that had banned federal prisoners' method ofexecution.• from receiving publications like Playboy and Pent­ good; some are not and will seriously house was unconstitutional. The appeal court held affect FL prisoners and their correspon­ that the lower court should have focused on whether dents if not challenged and defeated or AROUND THE NATION the ban had a rational goal, not on whether it' modified-again. . violated the First Amendment. The appeal court The FPLP staff will be filing objections Alabama- On Aug. 10 '98 a federal district court 'noted that the restrictions only extended to pictorial in AL held that prison officials in that state' had materials. The prisoner and publisher plaintiffs to the proposed provisions noted in this violated prisoners' constitutional rights prohibit­ have failed to be discouraged by the appeal court art;cle and working to organize outside ing cruel and unusual punishment by chaining them reversal and are proceeding with a separate chal­ opposition. Hope~lIy, it will be .possible to a ~'hitching post" for refusing to work or punish­ lenge arguing the law is vague. That challenge will for our staffto request and attend a public ment. The court found that prison officials had left go back to the lower court. Until the issue ,is de­ prisoners chained to th'e rail all day-in cases with cided, the Bureau of Prisons has said it will not hearing in opposition to these proposed their hands above their heads, had refused to pro­ enforce the ban, See: Amatel v. Reno, 156 F.3d 192 provisions, It is time that we all must vide them water, refused to allow them tQ use the (D.C, Cir. 1998), overturning 975 F.Supp. 365 (DC work together again, so get those pens restroom, and had chained prisoners with valid D.C, (997). warmed up. The name and address at the medical problems to the rail because they were unable to work. The court found the prison officials' Florida. A couple formerly from Pinellas-Pas~o central office of who to address your use of the hit~hing rails to be malicious and sadis- Counties in FL, Mindy and Joe Meager, filed suit

F.P.L.P. VOLUME 5, ISSUE1. Page 12 ,n 0« '91 BgaiIlSl former 01. In\"CSllpl.Or of those aplllS! sexuall) c-1[phell mal.al.als sent 10 Impns­ e1es appear 10 suclt noted pubhcauOl1$ IS the: Yak countIes' Slate Anome) Office, Aluanda Murphy, oned sex offenders was a uolation o((nx spcC'Ch lAw JOll.mDl and 1M /1'0110/1 Sec Abu-Jamal ). {Of U)lR& to negotJalc. light srnltn« In exchange (Of nghts The court lhoroughl) cxarmnrd the dl(_ Prjce el a1. 154 F.3d \28 (Jrd Cir 199', OnOet $a "11h lhe \11ft The couple ... as arrested on druB ference !hat IS OVocd pnson officnl1s. but 29. '9&, the PA S Ct upheld Abu-Jamal's 19B2 dI-JCS In 1996 for p,cscnpllon pIIln·loallm; and sub­ oommncd ,n thiS case that the ocx: did not eOO\'IC1>On ..nth hiS altornc) pnmilSlO& 10 appeal 10 $C.Qllmll) offcmi. "dell" b) MUI'phy, "00 1qKlf\' erute: tl'le ban. the IC'JlSI.tul"C did. and C"\ldencc: the (ederal courts ally had powcTful mflucnec "'lUi the Stale showed that such matenall$ used m cases to tltot -Famtl) members orPA P"SOOe:tS Ire ealltng (ot Allomc), If Mmd) Meagher ,,"'Culd consent 10 SC:Il sex offenders. The court Issued a permanent III­ llIl orgllr1lzcd bo)'eon o( all 1.277 prISoner tde­ instead of corum!mg. the couple $d Murph) up In a JunellOll .g'lnst the ban and the state llItome)' hIlS pllOnes III PA's H pmons (or the enllle month or motel room, "'1m 1M husband busting In WIth a Video appeBled Sec Walerman y. Vel!Cra. 12 May '99. The boycott IS being called to plOtts! the C:tmrnl alkr Murph) was stripped 10 his undCr\\'ClU FSupp 2d J64 and 31& (0 NJ 199&) exccsswe tdephone ratC5 o( PA prisons In 1997 , lind lryinglo lnlo~icalc the wife \\'llh alcohol. Murphy alone, the PA DOC gouged o\'er 56 million in allegedly threatened 10 kill the husband ~bolll lhe kiekhaeks rrom liS telephone contraet with AT&T I \Idco tape. bUI It "Ils taken 10 aUlhOlities by thc Nt" ,\Inieo- A rederal Judge 10 NM dctcr­ rrom ptlsoncrs ramlltes and fnendii. More mro r 0 ) couple's aulImC) Murph) was chugcd "111'1 laking mll1ed on Jul) 2, '98, \1\01 a COtl"Ccuonal Bo~ 4N.lhlJTlS\llle PA 16038 unl....ful compensatIon and 1M ""'I) '98 pled no con· offiecr. Dann) TOftel'. "ho "or~cd ror pn..te­ . lest and ....lIS sentenced to 110.'0 )'Un proballon The pIlSon cornpan) Coneetrons Corporahon or Tuu· AlIOIne) General Dan Morales, "110 IS leay­ couple. ,,1'10 110\\ 1I,'c out of stile. elaim In thell AmCllea. was a "nate attar" bUI not a stale mg that offite aller 8 )ears, slaled the stile's l....."ull thll l:\al though tht)- I'll'" onl) gJ\en their emplo)'tt Immune ([om eompensalOl') Md pum­ clement} program muSt be: made more open to the ~ phone nllmm to aulhonlll:S, and keep changing tl\e damages In a e"ll nghts SUit filed b) N'\' public and lIlal officials na:d to SWd) TllCial bw In the unlined number, Ihq 110\'0 arc receiving nlghtl) remale pnsona Tan)'ll GllOn Gtroll alleges th~ dca1It Sl:ntmteS 10 TX. W,!h 446 pcvple on the TX h.anrss:lng phone calls aboul the: lncldall rrom an Torret C'nte:red hcr cell on Ma) 26. '94. 1lI the dC'al1t lOW. J2% art \Iohlle, romp:md 10 6r/. or the unllXnllfied pason NM Women's Coneeuonal Faelhl) m Grants, Slate population, 46% arc black., 12% o( the -lbc Banr:ml Women's Clement)' Proj~t shut NM, and rotcibl) raped her Tomz' has admitted state's POPUlation, IIId 20% lUe UlSplllle, 26% o( dovon Ike Jist ror lack or rundlng. lc:a\1ng nC':art) the tapC' 1I0wc\a. Ihe court also hrld that neither the stale population 100 clcmmC} ~ unrC'$Ol~cd, offiCials said ThC' CCA not the: warden orw rllCihl) \lotTe liable m projn:t w:Ili designed to help get reduced sentences or the sun and dlsmtssed them (rom the case 1:\1­ Utllh- On Aplll 29. '98. !he UT txlC stilled a e1ass IcleflSC' rrom prison (or women \\110 had killed men denee tn the cllSe sho.... ed numerous mCldents or lIellon laWSUit broughl by UT plisoners agamst a \\00 had Ibustd them Btrore clOSing down, Ihe plO­ sexual Impropriet) had oceurred at the same policy banmng prisonelS rrom ~ordenng. reec:lving. Jcct aUlsted 17 women prisoners tn betng lelellSetl prison be:t"eC'n male gUlllds and (emale prisoners 01 possess109" [lIl)' \IoTlIten 01 printC'd maltflals thai both before and aller Tan)lI Gllon was raped eontaln nudity or plUdal nudlt) The UT IXlC Loulsilna- A senlcmel1t was reBehed m Sept '98 that See Grron y. CCA, 1'1 F SUPI' 2d 1245 and 1252 agrced to "Ithdra.... the poUe) and pny the prisonen' \Ioill end the (ederal coull'S o\erslght o( the stale (DNM 1999) IIUornc)', IJrlall IJornard, 515,000 10 anomey (CCS penllCnll8r) at Angoll The agreemenl is sdIeduied This is an unpubllshed case I'crry)' MeCpI!Cl. US to be: srlfiCd In Feb '98 and \IoIU end Img31ion gom8 OhIo- During mid-Dee '98, parole: offiCials OC Ulah, Case No 97-eV-0475C back 10 1911 .grccd to re-releasc American Indian and pilson w -A U.S JustiCC' DC'p.utmenl Itpon rdcascd In aeU\lSl Tlmoth) "Lutle Roek Reed after he had Virginil- Duling mld·Dec. '98, SenIOr Warden July '91 provIded details o( inhumane li"m! CQIldl­ been lC'1wned to aU rrom N~1 Reed.....1Io IS hal( Paui LeIgh orthe Fluvanna COfTCCIlonaJ Centcr, the 110m and ph)TleaJ abuSC' b) pnson guards IpUlSI La1:ota SIottt. an4 \10110 stnC'd 10 )TS. In all IIlf&C'SI women's pnson 10 VA. re(used 10 en(om: a JlI\'C'llllcs III !he prl\-.tel)-optBtcd TlllIulab COlfee­ prisons. Oed ~ole In OH In I99J \Iohcn he: VA maseanr and other eosmetIcs. Wankn Leigh tiOlUl Faclllt) (or YOIlth m Tullulah. lA The: m\·dll· dllmcd that 011 offICials thrulmcd to pUI him swed. "IJust don't ~ a sc:eunl) issue" I ptlOfi round that the rood being (cd Ihe JU\'emlcs \lollS boek tn prison rOf Speal.lOg out about pnson not adeqllate to momtom health, that thelt WIIS nOI abuKS Reed WllS especll\lIy critlcBl orthc: AmCII­ 010 YOU KNOW? enough clothes 01 shoes pro\ldcd, that educallOfial can COfreCllon:tl AsSQCuitlOn and !he role: It play'S PfOIIImS were \'CI) poor, and that C"\en though mOft m "sclltng aetredltalJon" to statc pilson S)'Stc:ms Currtntl)', more than 1.8 mHiion indhidwlis than one-forth ohhc JU\'cmlC5 welc documented lIS Rccd \lollS Inested III NM in 1996, bUI the NM lire ineurec:rnted in adult com:elional rueilities in menially ill or rC'1arded, there WlIS almost no ps)'chi­ stnte courts rerused to turn him over to OIl ror the United Silltes and lit lettst 100,000 juve­ ollie ClUe being provided. l:xtmdilion. Thc U.S Suprtrnc COllrt o\'efrulcd niles nre inCltfeemted, Additionally, the in\·CStlgllion round that the NM eouns and Reed had been returned to Oli physical beatmgs b) piison gulUds were IOUllne. on Dee 2nd. No\lo thai 011 has relellSCd R~d. he According 10 recent U.S. Dcpal1mC'llI or \Iolth almost C"\'el)' Ju\'emle lit Ihc raeilit) haVing SB)S he \10111 rdumc pursuing deglccs in Amer Juslicc statistics. natIonwide, more than 70% pcrrotated C':udrums rlOm seHre beatings. Follo\lo­ Indian ISSUes and tumlnal JUStice: 10 CinCinnati o( people entering State correctional racilities In. the JlI\ent1c Jw.tiee ProJCet o(L.A filing a laWSUit lind feturn to NM I) an lndlall ad\OCIte have nOI completed high school, lUld -t6'r. ha\'C' Jbout!he condl1lOlls and the: JlI~llce Dept. in\dup, had no high sehool edueation at all. tlOll. !he SWC' tool.: conl1Ol or !he racdlt) (10m the OUlhom..- Dunng No\ '9g (arml) mcmbcn ,\ 1997 stud) b) the COIteI' on Crime, Com­ pm~ tomp3ll). In Dcccmba II was announced that and rnends orOK pnsontn e1almed th:t1 a IIC\O munities lind Culture (ound that or the estimaled Aorldl bued Correcllonal Servlees COrponlllOn OK ocx: b311 on plCUcc:s to pnsoocrs and high 9~. or oITml!crs .... 00 IfC C'\"Cnluall)' l"Cle.lSC'd (CSC) \10'111 w:e o\a the racillt) CSC promlscs 10 c:oll~1 telephone rllteS arc designed to souge back inlo the communit)'. those who receive an ckacase the \·ioIatce, add eduaot)oo.al programs, and rnonq out or those \10110 ha\'C' I kJ\'ed one 10 education \Iohile incarcerated hlwe a significanl1) lInpfO"C' the mental and medical c:arc at 1M (<\CIIII) pn~ bC'ltC'f mle or emp10)mml-bd.wc~n60 and 75%­ thlUl those who do no! panicipate in edue1ltion Ntw 'limpshlrt_ .\ Judge (ound t\lo'O st;;ue laws that l'tnns)lvllnil- The redCTIII Jrd CU'CUlt COUll of programs. The stud) also reponed that inmates boned pnsooers (rom voting 10 be unconslllulional Appeals ruled on Aug 25. '98, thaI PA prison with at lettst {\\o )'ears or po5t-secondlll)' The ACLU ltllgated the C4$C ror NH prisonel David offieials muSt Slap readlOg the legal mall or education have a 10% fe-arresl mte, comp:1rCd 10 Fischer, woo ....lIS allo\loed to vOle In the Nove:mber eondemnedjournBll1l Mumio ,\bu-Jamal and thaI c1wiOlls by absentee ballot [Only fi\'e states allow they cannot enforce a rule prohibitmg him (rom a nlltionalre-arrcSI rale of approximately 6O'Y..I prisoners to vote, the)' ale' ME, MI\, NH, Ul', and writing proressionally 01 conducting a bUSiness EDUCATION IS THE VT -cd] by sueh "Titing while on death row Abu-Jamal iJ KEY TO FREEDOM on the PA duth row ror the alleged killing o( II Get II AnywBy You Can NtM Jrru)· On Jul) 21, '9&, I (ederal distnel coun PA pollee: officer In 19&1 The: court llOIcd thlt In NJ rulrd that I lcglslamrl) tTeatrd state ban Abu-Jamal is a prollfie "flla \10110 has had 1r1l-

F.P.L.P. VOLUME 5, ISSUE 1 Page 13 LITERATURE REVIEW criminal prosecution alld delentiall sys­ is exhausted the prisoner, in addilion to lem h(1\'e contributed to this II'ork. alld filing an appeal, must also send the ramify. Friends, Loved Olles lYe are gratefill 10 them all for their superinlendem of the institution a notice OUTSlDERS LOOKING IN: I-Iow To assistance and input. They relate of intent to appeal the rejection. This Krep From Going Craz)' When Someone their feelings and experiences, talk notice of inlem is to be submiued on a You Love Goes aOOm lile emotionai impaCI of incar­ DG3-005 Request Fonn within 15 days of To Jail ceration. alld offer praclical advice the dllte ofthe notice of rejection. by Toni D. Weymouth, Ed.D .• and and lips an dealing with lh/! s)'slem. Another rule that was amended on Mllria Telesco. R.N., B.A. 10120198. at 33-3.012(11), F.A.C.• pro- OllNC Publishing (Pub.) (1998) 351 pg. An invaluable source of infonna- vides thai "books. periodicals or other Paperback tion, OUTSIDERS LOOKING IN seeks publications" can now be received from to empower those who love someone "wholesnle or mail order distributors or Where can you tum to when a family who is in prison orjail. The insights are bookstores." This changed the former member or loved one is accused or con­ powerful and accurate. \\hile the tips rules Ihnl had only allowed books and victed of a crime? Why is il thaI family and advice are practical and obviously publications 10 come from the publisher. members. friends, and loved ones. who from olhers who ha\e "been Ihere and This amendmem also removed Ihe fonner have commined no crime, often become Ihe done Ihat," prohibilion that prevemed Fl prisoners forgonen, invisible victims of Ihe criminal In one source. this book lakes Ihe from receiving books from book clubs.• justice system? How can you deal with a reader through the arrest. coun and scn- r------.., system that you know nothing about. where tencing process in non-technical. every­ Secret Toolsfor pos,.com·;clion R~/i~/. by can you gel answers, how can you deal with day language. explaining Ihings both the Joe Allan Bounds. 1998 Edition. 314 pages, the stress and problems, and what can you accused and family needs to know. How 13 page Table of Contellt with over 440 do to help? OUTSIDERS LOOKING IN 10 deal with the stress. lawyers. couns. quick reference lopies wilh favorable sup­ answers those questions and many more. If prison rules and officials. are all cov· poning federal case law. "The Research there is a primer for addressing the cares, ered within Ihe 351 pages of this well Reference Book for Lawyers and Post­ concerns and questions of Ihe increasing wrinen book. Conviction Litigants for Prevailing 011 Inef· numbers of family members, friends and Available from: OLiNC Publish­ feclive Assislallce of Counsel Claims, and loved ones of the criminally accused and ing, P.O. Box 6012, Fresno CA Methods of ESlablishing 'Cause' fot Proce­ conviCled-it is this new book. 93703-6012. Price: $11.95 (SI9.95 + dural Default.· Topics: Preparing for An excerpt from the introduction reads: 52.00 S&H, California residenls add Post-Conviction Relief; Ineffective Assis· tnnce of Counsel; Connict of Interest; sales lax).• The perplexity of Ihe Calm process, Cause Procedural Default; Actual Inno­ cence; Fundamenlal Miscarriage of Justice; along wilh reporu ofperils lurking ill over­ NEW ADMISSIBLE The "Ends of Justice"; Novelty Issues of crowded imtitutiotJ$, SCi the stagefor con­ READING MATERIAL Law; Intervening Change in Law; fusion and fellr. TlIis cripples the family Retroactive Application of the Law; and system, and makes il difficult to develop RULES much more! 1999 Edition will be released in slrategies for Ihe fuwre ofthe family rmit. March, 1999. Please specify which edition Children II'ho.se parCII/ or parents arc in On 10120/98 lhe FDOC adoptcd beginning 3/1(98. prison experil.!IIt·c proiongcli inSlability new nIles at 33·3.012(5)(c) and (6)(b), Regulnr pricc $69.95 plus $6.00 shipping alld wlcerloillty. and are Ihree times marc F.A.C.. that provide lhal if II prisoner lind hnndling (inmate discoumed price likely Ihan their COlmlerparls to rrm afoul receives notice of a publication/reading $49.95 plus 56.00 shipping and handling). ofthe law as Ihey grol\' older. material rejeclion and imends to appeal Texas residents please add 7.75% sales tax. thc rejection, thcn in order for the mate­ Send check or money order to: Zone DT Those who Clller the COllrI ami prison Publishing. P. O. Box 1944, Dept. FPLP, systems go through periods of anxiel)', rial to be held while Ihe appeal process Vernon, Texas 76384. Irauma. shame. guilt and lerror. These feel­ ings can cause ph)'sical and menial illness l'OSTCONVICflO:·.. Il.ElH:.... I'... ROlE. CI••:M.:NC\' &: ",0.11.001" and severely impdr their ability 10 function effectively. Demystificatioll ofthe Callihe t.'l:pcriencc:d expcns at the Law Office or proceu prepares the family and Ihe ac· Bernard F. Daley. Jt. cwed 10 cope during the Irial and after­ David Collins. or Counsel. ··'and Troy Drowning. our wards. Learning aboul rules, regulations. paroJegal specializing in clemency. pardons. and restorotion social aspects and day 10 day prison life ofcivil rights. will help families conquer their fears and Contact Bernie Daley. David W. 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F.P.L.P. VOLUME 5. ISSUE 1 Page 14 PRISON LEGAL NEWS "Perhaps the most detailed joumal describ­ ing the development of prison law is Prison Legal News." -- Marti Hiken. Director Prison Law Project of the National Lawyers Guild. THOMAS E. SMOLKA ATIORNEY-AT-LAW PLN is a 24 page. monthly magazine. 3126 W. CARY STREET, SUITE 122 published since 1990. edited by Washington RICHMOND, VIRGINIA .23221-3504 state prisoners Paul Wright and Dan Pens. Each issue is packed wilh summaries and anal­ ysis ofrecenl court rulings dealing wilh prison rights. written from a prisoner perspective. TELEPHONE (804) 644-4468 Also included in each issue are news articles E-MAIL [email protected] dealing with prison-relaled slruggle and ac­ livism from the U.S. and around Ihe world. Annual subscription rates are SIS for pris­ oners. Ifyou can't afford to send SIS at once. send at least S1.50 and we will pro-rale your ANNOUNCEMENT subscriplion al S1.2S per issue. Please send no less Ihan $7.50 per donation. New (Unused) Thomas E. Smolka is proud to announce the establishment of his law U.S. poslage stamps may be used as payment. practice in Richmond, Virginia. His practice areas will be Criminal For non-incarcerated individuals. the Defense and Post-Com.1ction Remedies. subscription rate is $2Slyr. Inslitulional subscriplions (for allorneys. libraries. govern­ ment agencies, non-governmental organiza- Additionally, Thomas E. Smolka And Associates, 909 East Park Avenue, ! lions. elc.) are S60/yr. Sample copies are Tallahassee, Florida 32301-2646, Telephone (850) 222-6400; Telefax (850) available for $1. Contact 222-6484 will continue to pro\ide consulting seNces to inmates on administratiw. clemency and parole matters. Prison Legal News 2400 N.W. 80th St.. Sic 148 Seanle WA 98117

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F.P.L.P. VOLUME 5, ISSUE 1 Page 15 Florida Department ofCorrections Florida Corrections Commission Office ofthe Governor Florida Resource Organizations 2601 Blair Stone Rd. 2601 Blair Stone Rd. PL OS The Capitol Tallahassee. FL 32399-2500 Tallahassee FL 32399-000I Florida Institutional Legal Services Tallahassee FL 32399-2500 (850)413-9330 (850) 488-2272 (Florida Prison Action Network) (850) 488-5021 Fax (850)413-9141 111O-C NW 8th Ave. Web Site: www.dc.state.flus EMail: [email protected] Chief Inspector GeneraL 922-4637 Gainesville FL 32601 Web Site: www.dos.statc.f1.uslfgilslagcncicslfcc Citizen's Assistance Admin 488-7146 (352)955-2260 Hany K. Singletary, Secretary 488-7480 The Florida Corrections Commission is r;omposed of Commission/Govemment Accountability Fax: (3S2)95.5-2189 (Personal Sea'etary, Suzanne Powell) eight citizens appointed by the governor to oversee the to the Pcoplc : 922-6907 EMail: [email protected] Information : 488-0420 Florida Department of Corrections, advise the gover- Office ofExecutive Clemency Web Site: www.afn.orglfils/ (Info Director, Keny Flack) nor and legislature on correctional issues. and promote 2601 Blair Stone Rd Correspondence CentroL 488-7052 public education 300Ut the correctional system in Bldg. C. Room 229 Families with Loved Inspector General. Fred Schuknecht... 488-9265 Rorida. The Commission holds regular meetings around Tallahassee FL 32399.2450 ones In· Prison Interstate Compacts 487-oS58 the state which the public may attend to provide (850)488-2952 710 Flanders Ave. Health Services ; 922-664S input on. issues. llItd p~blems afT~ing the CO~iOMl Coordinator: Janet Keels (Charles Manhews, MD. Asst. Sec.) system In Ao.nda. PnsonCtS faJmhes lUld fnends are Daytona Bch FL 32114 encoumgcd to contact the Commission to ndvise them (904)254-8453 Assistant Seaetary for Sccurityllnst. Management Rorida ParoleIProbation Conunission Stan Czemiak 488-8181 of problem areas. The Commission is independent of EMail: [email protected] 2601 Blair Stone Rd., Bldg C Inmate Classification 488-9859 the FOOC and is interested in public participation and Web Site: www.afn.orgfflip Sentence Structure 413-9337 comments concerning the oversiBf\t ofthe FDOC. Tallahassee FL 32399-2450 Commission Members: (8S0) 488-1655 Victim Assistance 488-9166 Edgmo M. Dunn.• Jr.• Esq.-ChAir Restorative Justice MinistIy Network Populnlion Mgt. 488-9166 Katie C. Ni~s-Vice Chair .P.O. Box 819 Regional Offices Deparbnent ofLaw Enforcement Hon. Willilml Evers-Mayor ofBrndenton Ocala. FL 34478 Region 1 : (850)482-9533 D3vid F. lfJuvey. Sheriff. WDkuIla Caunly P.O. Box 1489 Region II : (352)955-2035 Alma B. Litt.la. MD Tallahassee FL 32302 (352) 369-5055 Region III (407)24S-0840 Guy Revell. Jr.-Fonner Parole: Commissioner (850)488-7880 Web: www.rjmn.net Region IV (9S4)202-3800 Ray SlmSom, Ok:doosa Caunry Commissionu Web Site: www.fdl~.state.f1.uc; Email: [email protected] Edwnrd Nod.vse, !\C.F.E. Region V (813)744-85;5

SUBSCRIPTION EXPIRATION?? FLORIDA BULK RATE PRISON U.S. POSTAGE LEGAL PAID Please check your mailing label for the date that your subscription to PERSPECTIVES FPLP will expire.. On the top line will be reOected it date such as ***Nov OVIEDO,FL P.o. BOX 660-387 99***. That date indicates the-last month ofyour current subscription to PERMIT NO. 6S FPLP. When you receive the FPLP issue for that month, please renew your CHULUOTA, FL 32766 subscription immediately so that you do not miss os issue of FPLP. Your suppart through subscription donations makes publication possible and is greatly appreciated. Please take the time' to complete the enclosed subscription .rorm to subscribe to or renew your subscription to FPLP. If the subscription form is missing, you may write directly, enclose the requested donation, to subscribe. Moving? Transferred? Please complete the enclosed Address Change Notite so that the mailing list enn be updated. IlIjustlce turywlrere Is a thretll toJustice everywhere. - Martin Luther King,

F.P.L.P. VOLUME 5, ISSUE 1 Page 16