Virginia Prison Justice Network Newsletter 4/16/18 Issue #6 What is the PLRA and why it must be repealed t seems there could never be enough legal confinement in federal court, they must I The 2018 Fight Toxic Pri$ons support to help the millions of prisoners first exhaust available administrative rem- Convergence who would benefit from having a lawyer at edies by pursuing to completion whichever arms’ length. Whether it is lack of medical grievance or appeal procedures the prison The 2018 Fight Toxic Prisons Conver- care, abhorrent nutrition, exposure to ex- administration provides. Even a lawyer can- gence is taking place June 8th-11th in treme temperatures, lack of clean water, or not do anything until the individual goes Pittsburgh, Pennsylvania and will include brutality by prison guards, there are endless through several bureaucratic layers. speakers, panels, workshops, protests inhumane conditions prisoners are forced to and cultural activities exploring the This can be very difficult. The author of live through on a daily basis. intersections of anti-prison and environ- an article titled Another Clinton-Era Law mental struggles. This is the third annual The National Lawyers Guild’s National That Needs to be Repealed, puts it well: convergence. Office receives letter after letter from “Imagine a prisoner who is in pain and in prisoners, mainly requesting a copy of the need of medical treatment, but ignored by As fracking infrastructure expands Jailhouse Lawyers Handbook (a resource prison staff: She must not only file her com- and the remnants of the coal industry for prisoners who wish to file a federal law- plaint with the same staff that is denying her continue to destroy the environment, suit addressing poor conditions in prison or treatment, but wait for a refusal, appeal that Pennsylvania prisoners are faced with a abuse by prison staff), but many also hope decision, and only after a judgment on that slew of health issues, including crumbling that they can obtain help from a lawyer to appeal can she then file a legal case beyond facilities, polluted air and water, black stand up against the prison administration prison walls.” To further this sentiment, a mold, and epidemic-level illnesses. De- on their behalf. One of the reasons why New Yorker article from May 2016 called, spite that, organizers across the state are there are not more lawyers to help prisoners Why It’s Nearly Impossible for Prisoners to fighting the extractive industry, working with civil suits is because of the Prison Liti- Sue Prisons states, “Around half of all pris- to eliminate solitary confinement and gation Reform Act (PLRA). oners in the United States have some sort of Death by Incarceration, resisting ICE, mental illness, and a similar proportion has The PLRA is a federal law that was and building community. Coalition for enacted in 1996 under President Clinton. (Continued on Page 2) Justice prison committee members will Congress enacted the law in response to a be in Pittsburgh in June as we continue significant increase in prisoner litigation RIHD (Resource Information Help to fight for the rights of prisoners and the in the federal courts. A misconstrued case for the Disadvantaged and Disen- environment, develop stronger networks was supposedly the impetus for the PLRA franchised) Update. of solidarity, and work together to Fight Toxic Prisons! coming about, one in which a prisoner filed RIHD has a 2018 Edited/Updated Sen- suit over receiving crunchy peanut butter tence Reform Campaign position paper Organizers are currently confirming instead of creamy. However the facts of (legislation) entitled, “The Need for speakers for the conference and are this case were incorrect, and instead it was Sentencing Reform and Establishment excited to share updates with y’all in the about a prisoner not receiving a refund for of Remedies to Correct Injustices of the coming months and they will maintain a jar of peanut butter he returned. This is Past.” by Lillie Branch-Kennedy, RIHD a commitment to creating a space in extremely legitimate because the majority founder and Executive Director and which those most directly impacted are of prisoners have little to no funds to their Oludare Ogunde, legislative advocate. centered. name. As the Jailhouse Lawyers Handbook The organization began this reform cam- states, “Many people say Congress believed paign in 2008. Fast-forward 6 pieces of So, when we go we’d like to take your sto- a story that was told to them by states tired legislation have been heard in the General ries with us! Please send your thoughts of spending money to defend themselves Assembly during the past 3 years. Knowl- on the issue to: CFJ, PO Box 299, against prisoner lawsuits. In this story, edge empowers action. RIHD believes Blacksburg, VA 23063 prisoners file mountains of unimportant all persons should be held responsible lawsuits because they have time on their and accountable for their mistake/crime, hands, and enjoy harassing the government. however It’s important that “equality for The obvious truth – that prisoners file a lot all” is applied. When our government of lawsuits because they are subjected to a gets it wrong, errors are made, they lot of unjust treatment – was ignored.” must be corrected/fixed and retroactively. The paper is 14 pages long. According to the PLRA, before prisoners For a copy, are allowed to challenge a condition of their contact: [email protected]. Page 2 (continued from “PLRA”) only basic literacy skills (at best), but courts are waived). To become a NLG member, Lawmakers Continue to have frequently ruled that neither mental jailhouse lawyers may write to the NLG at Discuss Changes to Criminal Justice NLG, 132 Nassau St., Rm. 922, New York, System, Including Mental Health illness nor illiteracy excuses an inmate from NY 10038. Reform the exhaustion requirement of the PLRA. (WVTF Michael Pope, March 5, 2018) Juveniles are not exempt, either.” The article cites an example in which a teenager filed a Jails across Virginia are becoming de lawsuit stating that he was repeatedly raped facto mental institutions as more and and beaten by other prisoners who were more inmates arrive every day with seri- following what guards told them to do. The ous mental illness. And, lawmakers are suit was dismissed because the teen didn’t hoping better treatment in jail might free file a formal grievance first, even though up psychiatric beds for those not caught his mother contacted prison officials. Prisoners are asking about up in the criminal justice system. SB93, Parole, eligibility for; at What happens when an inmate with It is extremely common for a prisoner to liberty between offenses mental illness refuses to take medication? experience retaliation by guards for even filing a grievance or helping others to do SB 93 was prefiled in 2017, introduced Should the inmate be taken to a mental by Sen. Scott Surovell (D-Mount Ver- hospital? Or should drugs be adminis- so. When asking NLG jailhouse lawyer members what their experiences are like non) with support from co-patron Del. tered right there at the jail? Democratic Kaye Kory (D-Falls Church) Delegate Patrick Hope of Arlington says doing legal work behind bars, responses jails should be able to take care of those ranges from Correctional Officers throwing out completed grievance forms in front Provides that a person convicted of three inmates without moving them to an separate felony offenses of murder, rape, institution. of prisoners, to being thrown in solitary confinement or being transferred to another or robbery by the presenting of firearms “The goal is to free up psychiatric beds, prison. Another problem is that even if staff or other deadly weapon, or any combi- in-patient psychiatric beds. We have a were following the rules, there wouldn’t be nation of such offenses, shall be eligible shortage of beds throughout the state, enough of them to handle all the complaints for parole unless that person was at and so if it’s appropriate and if it’s liberty between the three convictions and available to be treated in jail then let’s do If the PLRA were repealed, it would be an used a weapon during the commission of that.” important step towards allowing prisoners each offense. to hold prison administrations accountable But that’s not the only thing the bill does. for their collective actions or neglect. There Under current law, such a person con- When it arrived in the Senate, Republican would perhaps be a more level playing field, victed of three separate felony offenses is Senator Siobhan Dunnavant of Henrico and prisoners might gain a greater sense of ineligible for parole regardless of liberty amended the bill to create a set of guide- dignity having a legal method of recourse status between offenses and the use of lines for correctional facilities. be more attainable. There also might be a weapon during the commission of more lawyers willing to represent prisoners each offense. “The idea is that we just need to stan- in civil suits if they could expect to be com- On 12/11/2017 this bill was awaiting a dardize what the expectations are for pensated for their work. Currently though, Vote in the Rehabilitation and Social the jails, and by having standards we jailhouse lawyers face a steep uphill battle Services Committee but on 01/19/2018 can then measure if they are performing when it comes to fighting for the rights of through unanimous vote (14 Y, 0 adequately and hopefully this will help us themselves and other prisoners. develop a better system whereby we can N), it was continued to 2019 , which avoid some of the catastrophes we’ve seen Despite the many hurdles they face, the means they will postpone the consider- in the jails over the last few years.” jailhouse lawyer members of the National ation until the next regular session of the Lawyers Guild take their efforts very General Assembly.