LEGAL SERVICES FOR PRISONERS WITH CHILDREN Annual JUSTICE JOURNAL Advocacy Grassroots Organizing Movement Building Are We Truly Citizens? Published Fall 2014 In 2013 has made the full range of citizen- munities of color. a formerly ship rights permanently out of So our struggle for voting incarcerated reach. Once we have a conviction rights goes far beyond simply person was history, we are structurally ex- voting – formerly incarcerated indicted in cluded from meaningful participa- people, particularly from commu- Alamance tion in the democratic process for nities of color, are still fighting for County, the rest of our lives. This looks a the fundamental rights of citizen- By Dorsey Nunn North Caro- lot like the situation that ignited ship. Most especially, we want to lina…for vot- the Boston Tea Party – taxation be able to vote for people from our ing. The indictment alleged he had without representation. own community who will truly voted in the 2012 general election Our exclusion from the demo- represent our interests! despite being previously con- cratic process denies our com- That’s why LSPC is actively victed of selling marijuana, “which munities and society at large the engaged in both incremental re- excluded him from the right of benefit of our knowledge and form via our voting rights lawsuit suffrage, to vote at any election experience, particularly on issues (see page 2) as well as empower- without having been restored to related to incarceration and pun- ing people in communities most the right of citizenship…prior to ishment. It results in policies like directly impacted by incarcera- voting.” Three Strikes, the death penalty tion – the people who best under- This raises a deeper question and other “tough on crime” initia- stand the impact of conviction and around not just the voting rights tives that devastate a disenfran- incarceration on citizenship. Both of formerly incarcerated people chised underclass. We have lost our Policy Academy and the All of (who are disproportionately from the right to have a say in who sits Us or None Freedom School are underclass communities of color), on the Board of Supervisors, how working to develop savvy lead- but the more fundamental ques- our children are educated, and ers who will speak out about and tion of our citizenship. Many of how the police behave in our com- organize against these injustices. us believe that what makes us a munities. Candidates for District We’re grateful for all your citizen is the right to vote. But for Attorney or Attorney General don’t support as we continue to chal- me, voting rights is shorthand for campaign in poor neighborhoods lenge the dominant paradigm that many other problems I experience of color. upholds mass incarceration and as a formerly incarcerated person. In addition, our disenfran- the punishment system. Citizenship is not just about chisement bars us from direct voting – it is also about sitting on input on massive shifts in public Are you on our email list? juries, running for office ourselves, policy, like marijuana legaliza- and having representation that tion. Young black men like the one Sign up now at www.prisonerswithchil- truly reflects the interests of our above, indicted for the “crime” of dren.org to receive action alerts and our monthly e-newsletter, with regular communities. By these measures, voting after a conviction for sell- updates about policy work, community are we actually citizens at all? This ing marijuana, will have no voice organizing and analysis on movement question should act as a bridge in shaping new policies around strategy. We never share our email list between black and brown com- marijuana laws. As a result they with others so your privacy is assured. munities, and our struggles with will undoubtedly be excluded prisons and detention centers. from profitable marijuana-related Connect with us online at www.face- We have a community up- business ventures, perpetuating book.com/LegalServicesPrisonersChil- wards of 65 million people born an economic undercaste when we dren, www.facebook.com/AOUON, in this country for whom the state could create opportunity for com- and www.twitter.com/LSPC_ LSPC Board of Directors LITIGATION Marlene Sanchez, Co-Chair Consultant Fighting Solitary Confinement that people being supervised by coun- ties after release from jail (mandatory Harriette Davis, Co-Chair By Carol Strickman Registered Nurse, Private Consultant LSPC contin- supervision) or prison (post-release ues to fight community supervision) cannot vote. Arthur League, Secretary prolonged The California Constitution only dis- Plumber, Community Activist solitary con- enfranchises people in prison and on Naneen Karraker, Treasurer finement at parole. Plaintiffs include All of Us or Nonprofit Consultant Pelican Bay None and Dorsey Nunn, among oth- Ellen M. Barry State Prison ers. Although an Alameda County court Founding Director, Legal Services for Prisoners through its contribution to the federal ruled in our favor in May 2014, the with Children class action lawsuit, Ashker v. Brown. victory is stayed pending the Secretary George Galvis Filed in 2012, the suit challenges the of State’s appeal. We will respond to the Executive Director, Communities United for constitutionality of procedures gov- appeal, and continue challenging Secre- Restorative Youth Justice erning the detention of hundreds of tary Bowen’s unconstitutional claims. Margaret Littlefield state prisoners in isolation. The trial is Attorney, Office of Michael Satris scheduled for December, 2015. Most of Supporting Fatherhood for our ten plaintiffs have been deposed by Incarcerated Men Millard Murphy Staff Attorney, Prison Law Office opposing counsel and interviewed by By Jesse Stout the defendants’ mental health expert. In 2011, CDCR implemented the Dorsey Nunn Since this suit was filed, the Cali- Alternative Custody Program (ACP), Executive Director, Legal Services for Prisoners with Children fornia Department of Corrections and allowing incarcerated parents to finish Rehabilitation (CDCR) has instituted their sentences on electronic monitor- new regulations governing detainment ing while living with their children. LSPC Staff in solitary confinement, and is conduct- Over 400 female prisoners with chil- ing case reviews of prisoners currently dren have been granted ACP, but the Dorsey Nunn in isolation. While the department does program is not currently available to Executive Director not admit it had employed illegal and men with children. Anna Couey ineffective policies for decades, it is In July 2014, LSPC partnered with Development Director now releasing almost 70% of reviewed Rosen Bien Galvan & Grunfeld to file prisoners to general population. Two of Sassman v. Brown in federal court. The Hamdiya Cooks-Abdullah Administrative Director our ten plaintiffs have been transferred lawsuit seeks to expand ACP by chal- to general population. lenging CDCR’s gender-discriminatory Jesse Stout Despite these welcome develop- implementation on the grounds that it Policy Director ments, the new regulations do not violates the U.S. Constitution’s Equal Carol Strickman significantly address the constitutional Protection Clause. Staff Attorney issues we are raising in Ashker, nor Brittany Stonesifer the core demands of the prisoners. LSPC Mission Staff Attorney The SHU cells are still at full capacity, due to new transfers. Thanks to public Endria Richardson LSPC organizes communities im- Legal Fellow awareness and pressure sparked by the pacted by the criminal justice system massive peaceful hunger strikes of 2011 and advocates to release incarcer- Manuel La Fontaine II and 2013, hearts and minds are chang- Northern California Regional Organizer ated people, to restore human and ing, but prolonged solitary confinement civil rights and to reunify families Harriette Davis under harsh conditions remains a cor- and communities. We build public Organizer nerstone of prison policy. Our work on awareness of structural racism Alexandra Berliner Ashker and our daily advocacy contin- Organizer ues to fight this. in policing the courts and prison system and we advance racial and Aaliyah Muhammad Organizer Expanding Voting Rights for gender justice in all our work. Formerly Incarcerated People Denise Mewbourne Communications Coordinator and By Jesse Stout Our strategies include legal support, Administrative Support In February 2014, LSPC as co- trainings, advocacy, public education, counsel with the ACLU, the Lawyers’ grassroots mobilization and develop- Gina Walters Committee and other organizations Receptionist ing community partnerships. filed Scott et al. v. Bowen, challenging Secretary of State Debra Bowen’s claim Page 2 LSPC Justice Journal u Fall 2014 POLICY Updates quire about an applicant’s conviction and CalFresh (food stamps). This By Jesse Stout history until after determining they year, we succeeded. The new state Legal Services for Prisoners with meet the job’s minimum qualifica- budget signed in June 2014 restores Children strives to amplify the voices tions. This means initial state, county, these critical public benefits starting of people who are directly impacted city and special district job applica- April 1, 2015. Please help spread the by punishment system policies, tions can no longer ask “Have you word that people who have been con- including those who are or have been been convicted of a crime?” These victed of drug felonies are eligible for incarcerated and their families. We public employers can still ask about food stamps and CalWORKS