Legal News VOL. 23 No. 11 November 2012 ISSN 1075-7678 Dedicated to Protecting Human Rights

Bailing on Justice: The Dysfunctional System of Using Money to Buy Pretrial Freedom by Tracy Velázquez, Melissa Neal and Spike Bradford*

he practice of requiring someone Money Bail Increases Pretrial could be safely released than are currently Tto pay money to a court in order to being released. 5 Keeping those persons in- remain free while awaiting trial is known Incarceration carcerated hinders their ability to take care as “money bail.” While considerable at- Money bail is one of the primary of their families, jobs and communities tention has been focused on other aspects drivers of growth in our jail populations. while overcrowding jails and increasing of our criminal justice system, money About 11.8 million people are processed costs to taxpayers. bail is a component that has been under- through jails across the United States examined but has huge impacts on costs, each year, with over 725,000 people held Money Bail is One of a Number of communities, and those who are arrested in jail at any given time.1 U.S. jails have Pretrial Release Options and required to make bail. This article will operated at an average 91 percent capacity There are several ways that someone examine the practice of money bail as well since 2000, resulting in a huge financial may be released from jail after their arrest as the for-profit bail bonding industry, and burden to states, cities and counties, as they await their court date. Sometimes, explain why neither should be part of a and frequently inhumane conditions for judges or court representatives will com- fair and effective justice system. people who are jailed. bine release options. Release options that What many don’t know is that a ma- do not involve the upfront payment of jority of those held in jail are presumed money bail include: innocent: approximately three in five • Release on recognizance – The per- Inside people in jail are awaiting trial or pending son signs a contract agreeing to appear in charges.2 In 2011, detaining people in jail court for their hearings as required. From the Editor 12 before their day in court was costing coun- • Unsecured bond – The person signs Ohio Woes 16 ties around $9 billion a year alone.3 a contract agreeing to appear in court for Many people remain in jail pretrial their hearings and accepting liability for Phone Campaign Update 20 because they don’t have the cash to “buy a set amount of money should they not Elderly Dying in Prison 22 their freedom” by paying required money appear as required. bail. However, the ability to pay money • Conditional release – The person Private Prison Lobbying 26 bail is an indicator neither of a person’s is given a list of stipulations that must Fees In Maryland Records Suit 30 guilt nor of their risk to public safety. be honored in order to stay out of jail Meanwhile, those too poor to pay money while awaiting trial. These often include Florida Postcard Suit Settled 32 bail remain incarcerated regardless of drug and alcohol testing, orders to at- their risk level or presumed innocence. tend mental health or substance abuse Transgender Injunction Upheld 36 There is no national data regarding how treatment, and/or monitoring by a third NYC Juvenile Death Settlement 38 long people stay in jail until their case is re- party such as a family member or pretrial solved; however, in the 75 most populous service agency. BOP ADX Mental Health Suit 42 counties, people accused of felonies who • Release to pretrial services – Where Vietnam Pardons Thousands 44 did not post bail in 2002 stayed in jail a available, people released from jail may median of 51 days until trial (that is, more be required to be supervised by a pretrial Iowa Sex Offender Laws Revisited 46 than half waited 51 days or more).4 service agency. These organizations typi- News in Brief 50 A recent study concluded that 25% cally conduct risk assessments and provide more people being held in jail pretrial appropriate supervision as indicated by 1 November 2012 The only national program of rehabilitation. PASS is done through the mail. PASS confers a degree that can be used as evidence of rehabilitation before parole boards and with prison o cials. PASSPrisoner Assistance ScholasticHOPE Service COURSE INFORMATION:

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November 2012 2 Prison Legal News in pretrial solely due to their in- PUBLISHER Bailing on Justice (cont.) ability to pay even small bail amounts. He Rollin Wright believed the role of bail bondsmen had be- EDITOR the risk assessment findings. come too prominent in the administration Paul Wright Other release options that require of justice, and corruption and a failure to ASSOCIATE EDITOR money in order to get out of jail pretrial pay bond forfeitures plagued the industry. Alex Friedmann include: Amazingly, those issues are still at the heart COLUMNISTS • Money bond – Also known as cash of what is wrong with the for-profit bail Michael Cohen, Kent Russell, bond, a person (or their friends or family) bonding system in America today.6 The Mumia Abu Jamal pays the bail amount in full in order to be United States is the only country besides CONTRIBUTING WRITERS released from jail. Upon the resolution of the Philippines that allows commercial, Mike Brodheim, Matthew Clarke, their case, they are reimbursed for the full for-profit bail bonding. John Dannenberg, Derek Gilna, amount less administrative or other court Gary Hunter, David Reutter, How do Bail Bonds Work? Mike Rigby, Brandon Sample, fees. Some jurisdictions allow cash bail to Mark Wilson, Joe Watson be paid with a credit card; others don’t. No one who is offered release on research associate • Deposit bond – The person pays a money bail has to use a bail bondsman. Sam Rutherford percentage of the bail amount (usually After being arrested, a person may be advertising director 10 percent) to the court, with the under- given the option of posting bail (by pay- Susan Schwartzkopf standing that failure to appear at court ing a set amount of money to the court) LAYOUT hearings will make them liable for the full in order to be released prior to their trial. Lansing Scott/ bail amount. He or she – or, more typically, their friends Catalytic Communications • Property bond – In lieu of cash, or family members – may pay the full bail HRDC litigation project someone may provide a deed and other amount directly to the court. When they Lance Weber—Chief Counsel paperwork to allow the court to put a appear for their trial date, the amount paid Alissa Hull—Staff Attorney lien on property for the value of the bond in bail is refunded less court fees. If they PLN is a Monthly Publication amount; until they appear in court, the do not show up for court – they “fail to ap- court holds the deed on a house or title to pear” (FTA) – their bond may be forfeited A one year subscription is $30 for pris- other property like a boat or car. and a warrant issued for their arrest. oners, $35 for individuals, and $90 for • Surety or commercial bond through Barring extenuating circumstances lawyers and institutions. Prisoner dona- a for-profit bail bond company – This is that prevented their appearance in court, tions of less than $30 will be pro-rated at $3.00/issue. Do not send less than the most common release mechanism for such as being hospitalized, someone who $18.00 at a time. All foreign subscrip- people required to post money bail. A fails to appear and is apprehended by tions are $100 sent via airmail. PLN person or their friends or family pays a the police may be required to stay in jail accepts Visa and Mastercard orders by non-refundable premium – often ten per- until the final disposition of their case. phone. New subscribers please allow cent of the full money bail amount – to a Sometimes the court will set a new, higher four to six weeks for the delivery of your first issue. Confirmation of receipt of bail bondsmen, who then guarantees that bail amount following an FTA, and the donations cannot be made without an the bonded person will appear at their bonding process begins again. SASE. PLN is a section 501 (c)(3) non- court hearings. Many people, though, do not have and profit organization. Donations are tax cannot raise the full bail amount. They may deductible. Send contributions to: What is For-profit Bail Bonding? then turn to a commercial bail bondsman. Prison Legal News For-profit bail bonding – the practice For a fee – most often ten percent of the P.O. Box 2420 West Brattleboro, VT 05303 of hiring a third party to pay or provide a total bail amount – a bondsman will secure 802-257-1342 surety guarantee for one’s bail – is com- someone’s pretrial release. The person (or [email protected] monly believed to have begun in the U.S. their friends or family) who pays for the www.prisonlegalnews.org around 1898 in San Francisco. Over a bond also signs an agreement to pay the full hundred years later, the bail bonding in- amount if they fail to appear in court. They PLN reports on legal cases and news stories related to prisoner rights and dustry is now a billion-dollar business with may have to prove to the bondsman that prison conditions of confinement. PLN considerable political influence. Campaign they have adequate resources available to welcomes all news clippings, legal sum- donations and lobbyists promote the in- cover the full amount. While the bondsman maries and leads on people to contact dustry’s right to exist, reduce competition does not have to pay the full bail amount to related to those issues. from alternatives to commercial bail like the court at the time of the person’s release Article submissions should be sent to - The Editor - at the above address. We pretrial supervision and ensure that profit from jail, they must provide evidence that cannot return submissions without an margins remain high through reduction of they have available assets to pay the full SASE. Check our website or send an risk in the form of forfeitures (payment of bail; for example, deeds for property, bank SASE for writer guidelines. the full bail amount when someone does statements or, most commonly, insurance Advertising offers are void where not return to court). coverage underwritten by a large national prohibited by law and constitutional As early as the 1920s, critics raised company that supplies “surety” insurance detention facility rules. worrying issues about the bail bonding to underwrite bail bonds. PLN is indexed by the Alternative Press Index, Criminal Justice Periodicals Index industry that continue today. Arthur L. If the person who has been bonded and the Department of Justice Index. Beeley, in his 1927 study The Bail System in appears at trial as required, the bail bond Chicago, noted that poor people remained is terminated and the agreement ended, Prison Legal News 3 November 2012 to $55,500. Among people released on There are also racial disparities in Bailing on Justice (cont.) bond, the average bail amount increased the existing bail bond system. Annual jail from $7,800 in 1992 to $17,100 in 2006. population data indicate that while Afri- although those who paid the bond fee to a Overall, whereas 25 percent of people can Americans comprise only 12 percent bondsman do not get it back. If the person released on bond had a bail amount set of the total U.S. population, they made does not appear at trial, the bondsman is at $25,000 or more in 1998, that number up 38 percent of the U.S. jail population responsible for finding them – at this stage, increased to 37 percent by 2004. Not only in 2011.11 Estimates show that the rate they are colloquially called a “skip” – and do high bail amounts pose a threat to the of black/African American people being returning them to custody. If the bail right of people not to be subjected to detained in jail was nearly five times higher bonding agency is unable to do this, they “excessive bail” under the Eighth Amend- than white people and three times higher are liable for paying the entire bail amount ment, they also are believed to put persons than Hispanic people.12 to the court (forfeiture). Bondsmen will with low incomes at a disadvantage when A recent study revealed correlations then turn to the people who signed the facing plea bargains.7 People may feel between race and all pretrial outcomes bond agreement and take whatever actions pressured to plead guilty – or plead guilty analyzed, concluding that “each cor- are necessary to recover their costs. to more serious charges – because remain- relation indicated harsher treatment for For-profit bail bonding is a system ing in jail has such significant negative African Americans.”13 The study results that exploits low-income communities; it consequences, such as losing their job indicated that African Americans were is ineffective at safely managing pretrial or housing, or not being able to care for less likely to be released on their own re- populations, distorts judicial decision- their children. cognizance than white defendants,14 and making and gives private insurance agents Many studies over the years have African Americans ages 18 through 29 almost unlimited control over the lives of shown that people held in jail pretrial received significantly higher bail amounts people they bond out. In some cases, the have worse outcomes than those who are than all others facing charges.15 power the system inherently cedes to bail released. Those who stay in jail are more Although the study did not indi- bondsmen leads to corruption, coercion likely to be convicted of a felony,8 receive cate that race directly predicted pretrial and criminal collusion. a sentence of incarceration and receive decision-making, the relationship or “in- longer sentences than those who are free teraction” between race and other factors As Bail Bonding Industry Grew, while pending trial.9 – such as age, gender and socioeconomic So Did Bail Amounts status – directly impacted pretrial deci- The average bail amount nearly dou- Money Bail and Bail Bonding have sions. Since being jailed while awaiting bled between 1992 and 2006, from $25,400 Serious Negative Consequences trial has a direct effect on case outcomes People who post bail or pay a bond- such as conviction rates and sentencing, man’s fee to get out of jail may deplete racial disparities in the pretrial process their funds and the funds of family have a ripple effect throughout the jus- members and friends that are needed to tice system. The U.S. Supreme Court pay rent, buy groceries and cover medical has described the pretrial process as expenses or other bills.10 Those who are “perhaps the most critical period of the unable to pay their money bail or a per- proceedings,”16 thus the impact of race on Our Bodies, centage to a bondsman, and remain in jail, decisions made during this time, including Ourselves may lose their jobs, default on vehicles, bail, is of particular importance. lose their homes, get behind on child sup- is a highly Money Bail Isn’t Effective at Reducing p r a i s e d port payments, lose custody of dependent c l a s s i c children and more. The implications of Failure to Appear or Re-arrest Rates and vital the bail system can make or break a per- Money bail is widely believed to resource son’s ability to successfully return to the incentivize people to show up at court for women of all ages with important community after their charges have been hearings; however, the increased use of information about every aspect of resolved. money bail and higher bail amounts has their health and well-being. This newly revised edition gives women everything they need for making key decisions about their health - from definitive information from today’s leading experts to personal stories from other women just like them. $26 + $6 S&H for all orders under $50. Order by mail, phone, or on-line from Prison Legal News PO Box 2420 West Brattleboro, VT 05303 Tel (802) 257-1342 www.prisonlegalnews.org

November 2012 4 Prison Legal News coincided with an increase in FTA rates. states, and even within a state, the amount which assures the right to an attorney, is Whereas in the 1960s and 70s the failure of bail set for a certain offense may vary largely neglected at hearings where bail to appear rate among the most populous widely. Often the bail amount is grossly is set, as many jurisdictions “instead rely cities was 6-9 percent,17 the FTA rate for inflated, sometimes greatly exceeding the on their own sense as to when counsel felony cases in 2006 was 22 percent.18 potential cost of damage or loss were the should be appointed, if at all.”21 As of According to 2006 data on people fac- person found guilty. 2011, only ten states and the District of ing felony charges in the 75 most populous Further, the severity of the charge Columbia provided for indigent access counties, about 12 percent were under the is not correlated with risk of flight or re- to counsel at initial appearance hearings supervision of a pretrial service agency. arrest, making bail schedules an irrational before a judicial official, while ten states Many pretrial service agencies have imple- way to determine whether someone should had no provisions for indigent defense at mented programs that have high rates of be held pretrial. Despite the unknowns that stage of criminal proceedings. The success in lowering re-arrests of people concerning the effectiveness of bail sched- remaining 30 states provided indigent ac- awaiting trial and, if further expanded, it ules, they are still relied on heavily due to cess to counsel that varied among different is likely that the rate of re-arrests could the general acceptance of money bail in jurisdictions.22 be reduced substantially. For example, a the judicial system. A 2009 study of 112 program in Santa Cruz County, California of the most populous counties in the U.S. found that 92 percent of people under found that 64 percent of the participating pretrial supervision were not re-arrested jurisdictions utilized a bail schedule when for new offenses. determining money bail amounts.20 Bail schedules are in effect the pretrial equiva- Bail Schedules Aren’t Risk-based and lent of “mandatory minimums,” and result Lead to More Pretrial Incarceration in people who could be safely released Some jurisdictions use “bail sched- from jail remaining incarcerated. ules” or “bond schedules” to determine money bail amounts for alleged offenses. People Without Counsel at Bail Hearings Such schedules may be legislatively may Receive Higher Bail Amounts mandated or used informally, and are It is common sense that someone intended to standardize the amount of whose liberty is at stake would be better bail regardless of an individual’s personal served by having an attorney present. Yet characteristics or demographics.19 Among the application of the Sixth Amendment,

Prison Legal News 5 November 2012 also enables the criminal justice system a strong incentive to take a “lesser” Bailing on Justice (cont.) to function, as it couldn’t accommodate deal from a prosecutor if they fear their numerous people who choose to go to trial attorney (who in many cases is an overbur- Given the rise in the use of money rather than accept plea bargains.24 In this dened public defender) will not be able to bail, there is concern that freedom is way, high bail amounts mean more plea prove their innocence.29 All of these fac- granted to those who can afford to pay bargains, which help to keep the criminal tors demonstrate how pretrial detention bail or those who can pay a percentage justice system moving even if justice is not is wielded to serve purposes other than to a bondsman; thus, having an attorney necessarily served. assuring court appearance and public present at a bail hearing to argue for a “We see clients at arraignment not safety. This is an abuse of power that lower bail amount can be critical. wanting to plea, saying they want to leads to wasteful use of taxpayer dollars, fight their case. Then they hear the bail unfair treatment of people based on their High Bail Makes People More that the prosecutor is going to ask for, financial resources and violations of their Susceptible to Plea Bargains and they’ll turn to their defense lawyer constitutional rights. People held in jail because they can and say, ‘I’ll take the plea,’” said Robin not make bail are put under greater pres- Steinberg, executive director of the Bronx Alternatives to Money Bail sure to enter a plea bargain, which has Defenders.25 that Protect People’s Rights become the de facto standard for resolving Conviction rates for people charged and Public Safety more than 95 percent of criminal cases. with felonies stood at 68 percent in 2006, There are a number of strategies, Prosecutors can and often do ask judges with 96 percent of convictions resulting some of which are discussed below, that for pretrial detention as leverage in plea from guilty pleas. Only 3 percent of those can reduce the negative impacts of money bargaining negotiations with people who cases actually went to trial.26 This high rate bail on low-income populations while have limited financial resources. Those of guilty pleas is a matter of concern be- safely decreasing the number of people with children at home, a job or housing cause people often will plead guilty despite held in pretrial detention. at stake, or a desire to avoid the harsh their innocence. A 2012 study suggested Valid risk assessments can provide conditions of jail are coerced into entering that in an effort to avoid the ominous risk-supported decision-making and elimi- guilty pleas to avoid pretrial detention, maximum penalties of a potential con- nate the need for money bail. particularly if the time they have already viction in an inherently coercive27 and Risk assessments are tools that, when served will count toward their sentence.23 unfamiliar system, more than 50 percent used properly, can provide a dependable This not only fulfills the prosecutor’s goal of innocent people held in jail pleaded prediction as to whether a person will be of closing another case with a “win” but guilty to get a lower sentence rather than involved in pretrial misconduct, whether risk a conviction by failure to appear in court or being a – albeit wrongful danger to the community. Typically in the BRANLETTES – that would have form of an electronic or paper survey, risk resulted in harsher assessments provide a method to make an .28 objective assessment while minimizing OUR SIMPLE POLICIES: Particularly in SPECIAL REQUESTS ARE NOT PERMITED AND ALL MODELS ARE bias on the part of the interviewer. The OF LEGAL AGE (BOP FRIENDLY) the face of man- assessment findings provide a classifica- Due to tremendous time and costs answering letters, unless you are placing an order or a question regarding your order, we will not reply to datory minimum tion, usually “low risk,” “moderate risk” any other questions. SASE ARE REQUIRED FOR ANY INQURIES OR CONCERNS! sentences, people or “high risk,” which aids in determining You and you alone are responsible for your selections being allowed in jail pretrial have the most appropriate form of bail and into your facility: Know your institutions policies as to what image content is allowed. Returned orders are non-refundable. They will be held for 14 Calendar days in order for you to send self-addressed stamped; 2-First class stamps per envelope, with a street address for every 20 pictures. All returned images held after two weeks will be re-sold and we will return to our stock. CALIFORNIA LIFER NEWSLETTER All payments are by Institutional Checks or U.S. Postal Service or West- ern Union Money Orders. These payments are processed immediately and shipped in less than 3-4 CLN: Acomprehensive newsletter mailed every 6- weeks. Any other company Money Orders delay shipment 8-10 weeks or until that Money Order clears our Bank. Yes, we deal with people that 8 weeks.State and federal cases, parole board news, are, while in prison, still trying nickel and dime scams... ALL SALES ARE FINAL! statistics, legislation and articles on prison, parole EACH CATALOG HAS 84 GORGEOUS LADIES TO CHOOSE FROM. and correctional issues of interest to inmates and OUR PRICES ARE SIMPLE: SHIPPING&HANDLING: Due to various prison policies regarding their families. 1-4999 4X6 PHOTO = .45 CENTS EACH how many pictures can be sent in one 5000+ 4X6 PHOTOS = 20%DISCOUNT envelope, our policy is as follows: 1-9 CATALOGS : $3.00 EACH+SASE 1 - 5 $1.00 10 CATALOGS: $25.00+SASE(4Stamps) 10- 15 $1.50 20 -25 $2.00 CLN also provides services such as copying and Photo’s----- per envelope Photo’s-- per envelope forwarding federal and state cases, articles and news Branlettes Beauties Photo’s-- per envelope Select your favorite: White Catalog(10 Vol), Black Catalog(10 Vol) and materialsavailable on the Internet. Asian & Latino Catalog(10 Vol)— Please state what style photo’s: Provocative Poses Or Nude Poses #1 SUBSCRIPTIONS: : $25 (or 80 stamps) REMEMBER: YOU BOUGHT IT, IT IS YOURS, WHETHER IT GETS per year (6 issues minimum). Free persons: $90. THROUGH YOUR MAILROOM OR NOT! NO REFUNDS OR EXCHANGES. IF YOUR PURCHASE IS RETURNED TO US AND REMAINS FOR 14 CALEN- DAR DAYS UNCLAIMED, WE WILL RETURN TO OUR STOCK. BRANLETTES,P.O.Box Baltimore,5765, 21282MD High quality prints on 4x6 Glossy photo paper CLN, Box 687, Walnut, CA 91788 November 2012 6 Prison Legal News

pretrial supervision.30 field. The state of Kentucky has codified One of the negative pretrial outcomes Although the use of pretrial risk as- the use of citations and is currently in the that judicial officials are trying to avoid sessments is intuitive and based on more process of releasing its evaluation find- is failure to appear, because this disrupts than 30 years of research, the practice ings. Other jurisdictions that have started already overbooked court schedules. of assessing risk in determining pretrial to increase their use of citations include However, many missed court appearances release and bail amounts is not common- Maryland and the District of Columbia. are not due to flight. Common reasons place. Field experts estimate that only A 2012 survey found public support for given for missing a hearing include for- about 85 jurisdictions in the U.S. use a citations in lieu of arrest for various types getfulness, oversleeping, starting a new validated risk assessment tool in their of offenses.32 job, being told the wrong court room pretrial release determinations.31 How- Many people can be safely released on and needing to take a family member to ever, the use of valid risk assessments for their own recognizance. the doctor.34 Recognizing and addressing release options other than money bail is Risk assessment studies indicate these issues may help lessen the severity of crucial for reducing the number of people that people who are rated low risk and a missed court appearance and encourage held in jail while ensuring public safety. released from jail on their own recog- the use of releasing people on their own Risk assessments support the release nizance generally complete the pretrial recognizance. of those who can safely be freed from jail process successfully by attending court Many more people could be safely (with or without additional supervision hearings and not having any incidence released with conditions while awaiting conditions), and provide insight into the of re-arrest. They also are more likely to trial. possible need to detain others who may complete the pretrial process successfully When used in conjunction with a pose a safety or flight risk. Few states by not having additional court-ordered valid risk assessment, judicial officials may have codified the use of risk assessments expectations placed on them,33 as they are safely release some people with conditions but more are beginning to implement already attending to other responsibilities. that will ensure their return to court and such tools. This means there is a large proportion of safety in the community. Common condi- The use of citations instead of arrest- people held in jail who can be released tions include alcohol and/or drug testing, ing and transporting people to be booked on their own recognizance and trusted to holding or obtaining a job, attending can provide cost savings. comply with pretrial requirements while education classes, curfews, no contact The use of citations has been recom- avoiding re-arrest. with victims or witnesses,35 and remaining mended since the 1920s to reduce arrests and subsequent dependence on bail bondsmen. Current models using cita- tions include a risk assessment component (either completed by the police officer or a pretrial service agency), which allows officers to confirm that someone would be an appropriate candidate for a cita- tion versus going through the booking process at a jail. Technology that allows fingerprinting and positive identification of people charged with is now available to assist police officers in the

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Prison Legal News 7 November 2012 their clients. public safety, and keeping them in jail is Bailing on Justice (cont.) This is accomplished by providing a drain of public resources. Jurisdictions three main services: risk assessment, bail that have implemented court date notifi- under the supervision of a family mem- recommendations and community super- cation systems show promising results in ber, community service organization or vision. Most pretrial service agencies use reducing FTAs. pretrial service agency. However, judicial an assessment tool to determine risk for Court notification systems – such as officials should take precautions to match failing to appear at court hearings and text messages or phone calls made either the conditions with the level of risk de- engaging in illegal behavior while await- by a service or a volunteer or court em- termined by the risk assessment. Placing ing trial. Usually under very strict time ployee – have been proven to reduce FTAs inappropriate or unnecessary conditions constraints, pretrial service agency staff and save thousands of dollars.39 Failures on people with low risk ratings, such as will conduct fact-finding to assure the to appear require a substantial amount drug testing or additional supervision, can information gathered from all parties is of paperwork, add an extra burden to result in higher failure rates.36 accurate. They will then make recommen- local law enforcement and the courts, It is recommended that minimal con- dations to judicial officials regarding bail and lead to increased jail populations ditions be placed on those who pose less decisions. If someone is released under and thus increased incarceration costs.40 risk and are already attending to other a condition of pretrial service supervi- Implementing a court date notification responsibilities. Conditions are generally sion, the pretrial service agency will then system can help reduce FTA rates, thus more useful for people who score high provide supervision services as needed saving resources and reducing the number on their risk assessment. Judicial officials in accordance with the risk assessment of people held in jail. should also take care to order require- findings. ments that match the needs of each Another component that some pretri- The Current Unfair Bail Bonding individual.37 For example, someone who al service agencies provide (not examined System Persists Largely Due to Profit does not have substance abuse problems here) are diversion programs in which For-profit bail bonding has become or a history of substance abuse may not low-risk individuals agree to certain re- a multi-billion dollar industry backed by need to undergo alcohol or drug tests; quirements in exchange for having their special interest groups and large insurance adding such an unneeded condition could record cleared. Not all pretrial service companies. As such, the industry has been cause unnecessary technical violations agencies provide diversion programs. successful in using its wealth and influence should the person forget to show up for Court notifications are an effective to promote industry-friendly legislation testing. way to ensure people appear for their court and thwart reform efforts. Effective pretrial service agencies can hearings. Until the late 1950s, for-profit bail provide the risk assessment and supervision People who are awaiting trial in the bonding was typically performed by needed to monitor people while their cases community may miss a court date for bondsmen who used their own money are pending. myriad reasons that are unrelated to an and property to serve as collateral for the As of 2011, less than a third of the unwillingness to appear, ranging from lack bonds they wrote. Around that time, savvy 3,007 counties in the U.S. were served of transportation, uncertainty about the bail agents such as Florida’s Hank Snow by about 300 pretrial service agencies.38 criminal court process or just plain forget- sought to expand the industry by getting However, effective pretrial service agen- fulness. Pretrial service agencies have been the financial backing – also known as cies have been safely saving jurisdictions effective in reducing the number of FTAs underwriting – of national and regional money since the 1960s by reducing the for people under supervision, but for the insurance companies. This allowed bonds- need to keep people in jail and effectively thousands of people who are released men to write more and larger bonds. While monitoring them in the community prior pretrial without supervision, FTAs may some for-profit bail businesses are still to trial. Pretrial service agencies have a still be a challenge without reminders of locally-owned, even those are almost all demonstrated track record of reducing jail court dates. Those who are incarcerated backed by insurance companies. In fact, populations, assuring court appearances because they failed to appear in court are some states like Florida no longer allow and maintaining safe behavior among not generally considered to be a risk to bail agents to underwrite themselves.

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November 2012 8 Prison Legal News With the support of insurance compa- differently, making a detailed analysis islative Exchange Council (ALEC), a nies and the coordination of newly-formed difficult. However, an American Bar Asso- powerful conservative group that provides trade associations the industry grew rap- ciation study indicated that the for-profit dues-paying corporate members with idly, but it wasn’t until the early 1990s bail industry engages in “multimillion access to issue-friendly legislators in a that the for-profit bail bonding influence dollar lobbying efforts”43 to increase its private setting for the purposes of influ- machine truly began to make its power profitability and attack public pretrial ser- encing policy. ABC has referred to ALEC known. Today, the industry does a con- vice agencies. In California alone, the bail as a “life preserver” for the organization’s servative estimate of $2 billion in business industry has spent almost a half-million ability to turn ABC’s agenda into action- annually and is supported by around 30 dollars on lobbying since 2000.44 able legislation. insurance companies. An estimated 15,000 The effects of strong lobbying efforts ABC president William Carmichael people are employed in the industry, and should not be underestimated. In places sits on ALEC’s Private Enterprise Board, commercial bail bond agencies can be where the for-profit bail bonding industry while ABC executive director Dennis Bar- found in nearly every jurisdiction within has launched attacks on pretrial reform, tlett served on ALEC’s Public Safety and the 46 states that allow the practice.41 Bail they have occasionally triumphed in the Elections taskforce before the taskforce bonding is big business and has the power, face of opposition by the courts, law en- was eliminated in April 2012.46 money and organization to affect criminal forcement and the public. ABC senior legal counsel Jerry justice policy and practices nationwide. Further, campaign donations from Watson, who chaired ALEC’s Private the bail bonding industry are substantial. Enterprise Board from 2006 to 2008, re- The Influence of the For-profit An analysis of state campaign donation ceived ALEC’s Leadership Award in 2010. Bail Bonding Industry records reveals that bail agents, businesses “There is no way to accurately evaluate the As a multi-billion dollar industry and associations have contributed over benefits thus far to our industry by our with the institutional backing of large $3.1 million to state-level political can- involvement in ALEC,” he said.47 insurance companies, bail bond agents didates from 2002 to 2011.45 Eighty-two Together, ABC and ALEC have and associations have the resources to percent of those donations ($2,600,070) worked to draft model bills that reduce hire professional lobbyists to protect their were made within ten states – primarily regulation and oversight of bail agents, interests in statehouses across the country, California, Texas and Florida. promote higher bail amounts in bail particularly when legislation involving In 1992, members of the for-profit schedules, increase the court’s burden pretrial services or forfeiture regulations bail industry met to discuss ways to bet- when pursuing bond forfeitures, and is in play. In recent years bail bond lob- ter combat what they perceived as unfair restrict the funding of pretrial service byists have been hired in Florida, Texas, competition by government-funded agencies and limit those eligible to partici- California, Virginia and North Carolina, pretrial service programs. They formed pate in pretrial release programs. to name but a few. As in other industries, what would become the American Bail lobbyists not only work by testifying in Coalition (ABC), a national organization Recommendations for Reform front of committees but also by building committed to lobbying for the for-profit As a result of extensive research, the relationships with legislators. In Mary- bail industry. ABC’s members include Justice Policy Institute has set forth the land, for example, bail bondsmen in 2011 about half of the industry’s largest insur- following recommendations for reform: hosted a social event for lawmakers during ance companies and the coalition has 1. Eliminate money bail. the legislative session at the Annapolis become the country’s leading for-profit Some U.S. jurisdictions have all but Yacht Club.42 bail advocacy organization. In 1994, ABC eradicated the use of money bail in their Each state records lobbying spending joined forces with the American Leg- pretrial process. Such jurisdictions typical-

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Prison Legal News 9 November 2012 the District of Columbia has had a robust of people charged with an offense in DC Bailing on Justice (cont.) pretrial services system that implements are released on nonfinancial bail options all the provisions of the Bail Reform Act to await resolution of their charges, while ly have an effective pretrial service agency, of 1966. Due to their extremely limited use 15 percent are held in pretrial detention. validated risk assessments and other of nonfinancial bail options, for-profit bail Only 5 percent are released using some processes in place to assure people return bonding companies, although not banned, form of financial bail, but there is no use to the community safely and attend their are nonexistent because there is no market of for-profit bail bondsmen. The Pretrial court hearings. Since 1968, for example, for their business.48 Currently 80 percent Services Agency has reported that 88 per- cent of their clients successfully complete the pretrial process by appearing in court and not being re-arrested.49 2. Ban for-profit bail bonding com- Family panies. Four states have banned the involve- ment of private, for-profit bail businesses: 1 in 4 Kentucky, Wisconsin, Illinois and Oregon. people could be released People who remain Around the U.S., various local jurisdic- from pretrial detention. in jail before trial are tions have chosen to ban bail bondsmen We could reduce 25% of the more likely to get even if their state has not, such as Brow- Work population currently being a stiffer sentence ard County, Texas50 and Philadelphia, held in jail before trial, through than their counterparts Pennsylvania. As money bail already risk assesment and supervision. who remain free. They can be free to continue presents a number of problems, the addi- Education mainining their family life, work, tion of for-profit companies only serves and pursuit of education. to reinforce the practice of money bail. For-profit bail bonding agencies have an interest in preserving money bail, which is the source of their income, at the expense of individuals facing charges and their of families, the criminal justice system and BAIL taxpayers. 3. Include the voices of all involved parties, including victims, to ensure that reforms to the pretrial process are meaning- $3.1 M in Lobbying 8 in 10 ful and effective. people would have to pay over From 2002 to 2011, the bail industry influenced As victims and their advocates pro- pre-trial policy through at least 3.1 million dollars a full year’s wages to make the of donations to state-level lawmakers. average bail amount. vide a unique and critical understanding In 2006, the average bail amount of the harm done as a result of , it is of $55,500 was greater than important to include them in the pretrial the annual compensation for release decision-making process. As issues $14 B in Bonds about 82% of U.S. wage earners. differ depending on the specifics of each With a typical fee of 10%, over $1.4 billion is paid annually to bondsmen by arrested alleged offense, a systematic consideration people primarily from low-income of victim advocates’ perspectives or guid- communities. This is money they will never 7 in 10 ance may help in determining the most get back, even if they’re found innocent. people had to pay money bail. effective pretrial processes. Victim advo- In 2006, 70% of people accused of felonies were required to post cates will also be supportive in creating a financial bail in order to be more just process as victims are interested 1992 to 2006 released before trial. in seeing the person who actually commit- the average bail amounts doubled. ted the harm be held accountable, rather Between 1992 and 2006, the amount than having innocent people who cannot of people charged with felonies and afford to make bail enter into plea bar- released on their own recognizance (i.e., with no financial conditions) gains just so they can get out of jail. decreased from 41% to 28%. 4. Expand community education pro- Likewise, average bail amounts grams that inform people how to navigate have increased from $25,400 the pretrial process. to $55,500, a 118% change increase for the same population. The confusing and inherently coercive pretrial process is challenging even for those with adequate financial resources and SOURCES ǀĞƌĂŐĞŶĞƚĐŽŵƉĞŶƐĂƟŽŶŝŶϮϬϬϲ͗Ψϯϳ͕Ϭϳϴ;ŚƩƉ͗ͬͬǁǁǁ͘ƐƐĂ͘ŐŽǀͬŽĂĐƚͬĐŽůĂͬĐĞŶƚƌĂů͘ŚƚŵůͿ educational backgrounds. Understanding ǀĞƌĂŐĞďĂŝůĂŵŽƵŶƚŝŶϮϬϬϲ͗Ψϱϱ͕ϱϬϬ;ϮϬϬϲ^W^ĚĂƚĂƌĞƉŽƌƚͿ ϭϮϱ͕ϰϮϵ͕ϱϯϲǁĂŐĞĞĂƌŶĞƌƐŽƵƚŽĨƚŚĞƚŽƚĂů;ϭϱϯ͕ϴϱϮ͕ϳϯϰͿĞĂƌŶĞĚƵƉƚŽΨϱϰ͕ϵϵϵ͘ϵϵͲ;ŚƩƉ͗ͬͬǁǁǁ͘ƐƐĂ͘ŐŽǀͬĐŐŝͲďŝŶͬŶĞƚĐŽŵƉ͘ĐŐŝ͍LJĞĂƌсϮϬϬϲͿ͘ the process, one’s legal rights and what to dŚŽŵĂƐ,͘ŽŚĞŶĂŶĚdƌĂĐĞLJ<LJĐŬĞůŚĂŚŶ͕͞&ĞůŽŶLJĞĨĞŶĚĂŶƚƐŝŶ>ĂƌŐĞhƌďĂŶŽƵŶƟĞƐ͕ϮϬϬϲ͕͟^ƚĂƚĞŽƵƌƚWƌŽĐĞƐƐŝŶŐ^ƚĂƟƐƟĐƐ͕ϮϬϬϲ͕ tĂƐŚŝŶŐƚŽŶ͕͗ƵƌĞĂƵŽĨ:ƵƐƟĐĞ^ƚĂƟƐƟĐƐ͕ϮϬϭϬ͘ expect can help people navigate the pretrial ^ŚŝŵĂĂƌĂĚĂƌĂŶĂŶĚ&ƌĂŶŬDĐ/ŶƚLJƌĞ͕͞WƌĞĚŝĐƟŶŐsŝŽůĞŶĐĞ͕͟dĞdžĂƐ>ĂǁZĞǀŝĞǁ͕ϵϬ;ϮϬϭϮͿ͗ϰϵϳͲϱϳϬ͘ process more successfully. However, many November 2012 10 Prison Legal News are susceptible to fallacies in the pretrial Not only can non-validated assessments Bail bondsmen exercise a tremendous process because they are concerned about reduce public safety, they may also re- amount of power over those held in jail their responsibilities outside of jail. It is inforce racial and ethnic biases in the by choosing, based on factors related to hard for people to weigh the collateral con- system. Once the proper tool is in place, their own financial gain, for whom they sequences of a criminal record beyond the a process for applying risk assessment will post a bond.51 Bondsmen also have the immediate impact of losing one’s job or not findings into the pretrial decision-making ability to put people on bond back into jail being able to take care of one’s children, for process must be implemented. Judicial at any time, for any reason. For-profit bail example, while they remain incarcerated. officials and all parties involved must be bondsmen play a crucial role in our jus- Informing communities about the pretrial educated about the assessment tool and tice system that affects both public safety process and the implications of pretrial how it can assist in making meaningful and whether people remain in jail. Only decisions could reduce bail amounts, de- pretrial release decisions. when for-profit bail bonding companies crease the number of plea bargains to false 7. Implement measures of pretrial are required to report on indicators of charges and promote a better, more just detention and release services to evaluate pretrial performance and outcomes will pretrial process. current programming and better inform policymakers be able to make educated 5. Use citations and summons to re- pretrial reform efforts. decisions about the use of money bail and duce the number of people being arrested Currently, no standardized data is be- bail bonding as opposed to non-financial and processed through jails. ing collected relative to pretrial detention pretrial release options. This is one solution to our jail over- across the nation for both misdemeanors 9. Utilize pretrial supervision agen- crowding problem, as police officers can and felonies. There is little consistent cies. more easily dispense citations while on measurement among the many pretrial Cost studies confirm that it is much the streets without needing to transport service agencies regarding the outcomes more affordable to assess and monitor individuals to a booking facility. If more of their services. In order to better under- people in the community through pretrial information is necessary, police officers, stand the impact of pretrial detention and services rather than keep them in jail. working alone or in conjunction with how the U.S. is performing compared to In order to reduce the justice system’s pretrial service agencies, can use risk as- other nations, national data on pretrial reliance on jails, pretrial services should sessments to issue citations and summons detention should be gathered from jails be expanded to allow for the safe and instead of arresting someone accused of and detention facilities that hold people informed release of persons awaiting trial. an offense. going through the pretrial process. Ad- Evidence-based practices, such as screen- 6. Use standardized, validated risk ditionally, within reasonable expectations, ings with a validated risk assessment, are assessments to determine whom to release pretrial service agencies should utilize important to ensure the effectiveness of from jail and how to release them. measures already in place to provide the such programs. Pretrial service agencies Before making risk assessments main- public with a clear picture of their work can assist law enforcement and judicial stream, it is important to ensure the risk and their effectiveness in preventing fail- officials by providing risk assessment and assessment put in place is appropriate. ures to appear and re-arrests of people fact-finding services. Using the findings Standardized, validated risk assessments awaiting trial. from risk assessments, pretrial service are the key to maintaining objectivity in 8. Reporting requirements for the agencies can provide appropriate com- the pretrial process. These tools produce for-profit bail bonding industry should be munity supervision to ensure that people data that result in informed bail decisions. expanded. complete the pretrial process successfully. Some jurisdictions are currently using risk Currently there is little regulation or Given that pretrial service agencies may assessments that have not been validated. oversight of the bail bonding industry. also provide other programs that can help

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Prison Legal News 11 November 2012 reau of Justice Statistics, NCJ 210818 (February 2006), 23 Mahoney and others (March 2001), p.16. Bailing on Justice (cont.) http://bjs.ojp.usdoj.gov/content/pub/pdf/fdluc02.pdf. 24 Alexander (March 10, 2012). 5 Shima Baradaran and Frank McIntyre, “Predict- 25 Nick Pinto, “Bail is Busted: How Jail Really those awaiting trial (such as substance ing Violence,” Texas Law Review, 90:558 (2012). Works,” The Village Voice (April 25, 2012), www. abuse treatment, job placement, etc.), lon- 6 Wayne H. Thomas, Jr., Bail Reform in America villagevoice.com/2012-04-25/news/bail-is-busted- ger term outcomes of money bail versus (Univ. CA Press 1976), in “The History of Bail and new-york-jail/all. pretrial services should be examined. Pretrial Release” (September 2010) [see footnote 26 State Court Processing Statistics data as 10. Use court notification systems. no. 48]. retrieved from the Felony Defendants in Large Urban Through personally manned or com- 7 Michelle Alexander, “Go to Trial: Crash the Justice Counties reports, 1992-2006. puterized programs, reminding people System.” Opinion article, The New York Times (March 10, 27 Q&A session of The Burden of Bail: Address- about their upcoming court hearings has 2012), www.nytimes.com/2012/03/11/opinion/sunday/ ing Challenges to Indigent Defense at Bail Hearing. proven to reduce FTA rates. Notification go-to-trial-crash-the-justice-system.html. 28 Lucian E. Dervan and Vanessa Edkins, “The systems should be a part of every court’s 8 Mary T. Phillips, “Pretrial Detention and Case Innocent Defendant’s Dilemma: An Innovative Em- budget to ensure that time and money are Outcomes, Part 2: Felony Cases,” New York City pirical Study of Plea Bargaining’s Innocence Problem” not unnecessarily spent trying to track Criminal Justice Agency, Inc., (March 2008). (May 31, 2012), http://papers.ssrn.com/sol3/papers. down or punish those who miss court 9 Marian R. Williams, “The Effects of Pretrial De- cfm?abstract_id=2071397. hearings. tention on Decisions,” Criminal Justice 29 Chantale Lacasse and A. Abigail Payne, 11. Amend the Bail Reform Act and Review, 28(2):299-316 (Autumn 2003). “Federal Sentencing Guidelines and Mandatory bail policies to comply with the Equal 10 The Abell Foundation, “The Pretrial Release Minimum Sentences: Do Defendants Bargain in the Protection Clause. Project: A Study of Maryland’s Pretrial Release and Shadow of the Judge?” Journal of Law and Economics, Current practices allow for people to Bail System,” p.11 (September 12, 2001). 42(1):245-269 (April 1999); Erik Luna, “Mandatory be treated differently within the criminal 11 Minton (April 2012), p.6. Minimum Sentencing Provisions Under Federal Law,” justice system based on their financial 12 Estimates based on population statistics from testimony delivered to the U.S. Sentencing Commis- status; this may be a violation of the Equal Table 1 in Karen R. Humes, Nicholas A. Jones and sion (May 27, 2010), www.cato.org/publications/ Protection Clause and should be remedied. Roberto R. Ramirez, “Overview of Race and Hispanic congressional-testimony/mandatory-minimum-sen- Elimination of money bail is an important Origin: 2010,” 2010 Census Briefs (March 2011), www. tencing-provisions-under-federal-law. step towards eliminating disparities in our census.gov/prod/cen2010/briefs/c2010br-02.pdf, and 30 Marie VanNostrand and Kenneth J. Rose, criminal justice system. jail population statistics from Table 6 in Minton (April “Pretrial Risk Assessment in Virginia: The Virginia 2012), p.6. Estimates are lower than actual rates as they Pretrial Risk Assessment Instrument,” VA Dept. of * Tracy Velázquez is Executive Director are based on total population statistics and not limited Criminal Justice Services (2009). of the Justice Policy Institute (JPI), and to adult population statistics. 31 Email from Cherise Burdeen, Pretrial Justice Melissa Neal and Spike Bradford are JPI 13 John Wooldredge, “Distinguishing Race Ef- Institute (July 19, 2012). Senior Research Associates. This article, fects on Pre-Trial Release and Sentencing Decisions,” 32 Marketwise, “Charlotte-Mecklenburg 2012 written exclusively for Prison Legal News, Justice Quarterly, 29:41-75 (February 2012). Criminal Justice System Survey Presentation of Re- is largely excerpted from two JPI reports, 14 Ibid. sults” (April 1, 2012). “Bail Fail: Why the U.S. should end the 15 Ibid. 33 James Austin and others, “Kentucky Pretrial practice of using money for bail” by Melissa 16 “Judicial Proceedings Before Trial,” http://law. Risk Assessment Instrument Validation,” The JFA In- Neal, and “For Better or For Profit: How justia.com/constitution/us/amendment-06/17-right-to- stitute (October 29, 2010). the bail bonding industry stands in the way counsel-in-nontrial-situations.html. 34 Personal communication with David M. Ben- of fair and effective pretrial justice” by Spike 17 Barry Mahoney and others, “Pretrial Services nett (August 29, 2012). Bradford. Both publications are available in Programs: Responsibilities and Potential,” National 35 VanNostrand and Rose (2009), p.23. their entirety at www.justicepolicy.org. Institute of Justice, NCJ 181939, p.31 (March 2001), 36 Austin and others (October 29, 2010). www.ncjrs.gov/pdffiles1/nij/181939.pdf. 37 Amy L. Solomon and others, “Putting Public [Ed. Note: For prior coverage of the bail 18 Thomas H. Cohen and Tracey Kyckelhahn, Safety First: 13 Strategies for Successful Supervision bonding industry in Prison Legal News, “Felony Defendants in Large Urban Counties, 2006,” and Reentry,” Public Safety Policy Brief, No. 7 (De- see: PLN, Sept. 2012, p.36; Dec. 2010, U.S. Bureau of Justice Statistics, NCJ 228944 (May cember 2008). p.23; Jan. 2009, p.30; and Dec. 2007, 2010), http://bjs.ojp.usdoj.gov/content/pub/pdf/fd- 38 Laurie Robinson, “National Symposium on p.34]. luc06.pdf. Pretrial Justice Panel: The Next 50 Years,” remarks of the 19 Lindsey Carlson, “Bail Schedules: A Violation Assistant Attorney General (June 1, 2011), www.ojp.usdoj. ENDNOTES of Judicial Discretion?” Criminal Justice 26 (2011). gov/newsroom/speeches/2011/11_0601lrobinson.htm. 1 Todd D. Minton, “Jail Inmates at Midyear 2011 20 Pretrial Justice Institute, “Pretrial Justice in 39 Bureau of Justice Assistance, “Pretrial Diver- - Statistical Tables,” U.S. Bureau of Justice Statistics, America: A Survey of County Pretrial Release Poli- sion in the 21st Century: A National Survey of Pretrial NCJ 237961 (April 2012), www.bjs.gov/content/pub/ cies, Practices, and Outcomes” (2010), www.pretrial. Diversion Programs and Practices,” U.S. Department pdf/jim11st.pdf. org/Docs/Documents/Pretrial%20Justice%20in%20 of Justice (forthcoming). 2 Ibid, p.1. America.pdf. 40 Connie Clem, “69 Ways to Save Millions,” 3 Eric Holder, “Attorney General Eric Holder 21 Phyllis E. Mann, “Ethical Obligations of In- American Jails, p.15 (November/December 2009), Speaks at the National Symposium on Pretrial Justice,” digent Defense Attorneys to Their Clients,” Missouri www.pretrial.org/Docs/Documents/69%20Ways%20 U.S. Department of Justice (June 1, 2011), www.justice. Law Review, 75:715-749 (October 5, 2010). to%20Save%20Money-Nov-Dec%202009.pdf. gov/iso/opa/ag/speeches/2011/ag-speech-110601.html. 22 Douglas Colbert, “Prosecution Without 41 Professional Bail Agents of the United States, 4 Thomas H. Cohen and Brian A. Reaves, “Felony Representation,” Buffalo Law Review, 59(2):333-453 “About Us” (August 2012), www.pbus.com/display- Defendants in Large Urban Counties, 2002,” U.S. Bu- (April 2011). common.cfm?an=1. November 2012 12 Prison Legal News 42 Materials made available at the information does not include donations to local-level players such pretrial.org/AnalysisAndResearch/CaseStudies/Pages/ table during the Maryland Assembly (2011). as judges, sheriffs and county board members. default.aspx. 43 American Bar Association, “Silver Gavel 46 www.sourcewatch.org/index. 50 Shawn D. Bushway and Jonah B. Gelbach, Award, Interview with Laura Sullivan” (2011), www. php?title=American_Bail_Coalition. “Testing for Racial Discrimination in Bail Setting Using americanbar.org/content/dam/aba/images/public_edu- 47 www.aiasurety.com/home/news/ Nonparametric Estimation of a Parametric Model,” Yale cation/gavel_radio_2011.pdf. CompanyNews/2009.aspx/articles/65 and www.prweb. University Department of Economics Labor/Public 44 Amanda Gullings, “The Commercial Bail com/releases/2010/08/prweb4434154.htm. Economics Workshop, p.9 (February 14, 2012). Industry: Profit or Public Safety,” Center on Juvenile 48 Timothy R. Schnacke, Michael R. Jones and 51 Robert F. Kennedy, “Testimony by Attor- and Criminal Justice (2012). Claire M. Brooker, “The History of Bail and Pretrial ney General Robert F. Kennedy on Bail Legislation 45 A search was done at www.followthemoney. Release,” Pretrial Justice Institute, p.13 (September Before the Subcommittees on Constitutional Rights org for all states using the terms “bail” and “surety.” 2010). and Improvement in Judicial Machinery of the Results were analyzed and researched and, where the 49 Pretrial Justice Institute, “The D.C. Pretrial Senate Judiciary Committee,” U.S. Department of researcher was unsure, records removed from the cal- Services Agency: Lessons from Five Decades of In- Justice, p.2 (August 4, 1964), www.justice.gov/ag/ culation to ensure a conservative estimate. This analysis novation and Growth,” Case Studies, 2(1), www. rfkspeeches/1964/08-04-1964.pdf. Guantanamo Detainees Cost $800,000 Annually he U.S. military base at Guantanamo satellite television, which allows them to camp hospital with a new “infirmary hub” TBay, Cuba has become the world’s watch sports, news, religious programs and “expeditionary medical shelters.” No most expensive prison, at around 30 times and Arabic soap operas. They also have one knows what it will cost to equip the new the average cost to house prisoners in de- access to a 24,000-title library that contains hospital; the Navy Logistics Command tention facilities in the United States. videos, magazines and books – including has put out bids for supplies ranging from Each year the Department of Defense popular selections like Harry Potter. De- microscopes to resuscitators. “spends approximately ... $800,000 per tainees who are taking a life skills class can Guantanamo officials are also con- detainee,” Attorney General Eric Holder, use laptop computers to practice writing tracting for capital improvements, such as Defense Secretary Leon Panetta and other résumés, in case they are released. $2 million worth of new computers. “Ev- Cabinet members wrote in a letter to Sen- Daily meal costs per detainee at erything from paper clips to bulldozers,” ate Republican leader Mitch McConnell. Guantanamo are $38.45, compared to as well as personnel, must be brought in on “Meanwhile, our federal spend a under $2.30 for Florida state prisoners. ships or aircraft, driving up costs, noted little over $25,000 per year, per prisoner, Of course the guards at the military retired Army Brigadier General Greg and federal courts and prosecutors rou- prison have cable television, too. And Zanetti, who served as Guantanamo’s tinely handle numerous terrorist cases a their own gym, housing quarters, newslet- deputy commander in 2008. year well within their operating budgets.” ter, dining room, chapel, mental health “What complicates the overall com- [See: PLN, Sept. 2012, p.26]. services, massage chairs, mini-mart and mand further is the lawyers, interrogators The prison at Guantanamo opened movie theater. Plus the base has a school and guards all operating under separate in January 2002 and as of September 10, system for the children of Guantanamo budgets and command structures,” 2012 held 167 “enemy combatants” or de- staffers. Zanetti said. “It’s like combining the cor- tainees suspected of terrorist acts, at a cost A guard holding the rank of petty porate cultures and budgets of Goldman, of about $139 million annually. More than officer 3rd class with four years of Navy Apple and Coke. Business schools would 600 detainees have been released since the experience earns $2,985.84 per month and have a field day dissecting the structure at prison opened; of those currently held at hazardous duty pay equal to combat pay Guantanamo.” Guantanamo, 87 have been approved for in Kabul, Afghanistan. A commander Which is an indication that the cost of release but remain incarcerated. at Guantanamo with fifteen years’ ex- housing detainees at Guantanamo has less “We are running a five-star resort and perience and no children earns $7,840 a to do with expensive amenities for prison- not a detention facility for terrorists,” said month, inclusive of hazardous duty pay. ers, and more with staffing expenses and the Florida Republican Representative Allen The base has a revolving staff of 1,850 inherently high overhead of maintaining an West, a former Army lieutenant colonel. employees, including guards, laborers and island military base on foreign soil. “For example, why do they need 24 cable- intelligence analysts. TV channels?” And the costs don’t stop there. The Sources: Miami Herald, www.dailymail. Cooperative detainees do get in-cell military is spending $750,000 to replace the co.uk, www.humanrightsfirst.org

Crime Fiction by Chris Roy Shocking Circumstances $13.99 478 pages Special low price plus free shipping Cheaper than Amazon! Send check or money order to: Henry’s Books 493 W Highplains Rd. Round Lake IL 60073 Prison Legal News 13 November 2012 From the Editor by Paul Wright his month’s cover story on the bail them how you and your family have been tion to PLN or some of the books we Tbonding industry focuses on one of negatively affected by the high cost of distribute make the perfect gift for some- the lesser discussed but equally important prison phone calls; second, by making one who has everything or the person in economic players in the U.S. prison indus- a donation to PLN to help us cover the prison who can receive virtually nothing. trial complex. One of the main causes of costs of staffing the campaign; and lastly We have added a number of new titles jail overcrowding in many local jurisdic- by encouraging your friends and family to PLN’s book store, so please be sure tions tends not to be mundane things members to contact the FCC and make to review our book list on pages 53 and like crime but rather bail practices – and donations, too. Every letter and every 54 of this issue of PLN. The book list as with the rest of our nation’s criminal contribution helps. Our goal for this year’s did not run in last month’s issue and we justice system, the burden and expense annual fundraiser is $60,000 to cover our apologize for any inconvenience that may fall disproportionately on the backs of end of the Campaign for Prison Phone have caused. the poor. Justice through 2013. Enjoy this issue of PLN and please Many pretrial detainees languish As the holidays approach, a subscrip- encourage others to subscribe. in jail, presumption of innocence be damned, simply because they cannot af- ford to post bail even in small amounts. $15,700 Plus Boombox to Settle California The Justice Policy Institute recently is- Prisoner’s Excessive Force Claim sued several detailed reports on the bail bonding industry that formed the basis he California Department of Cor- door opened, Hernandez rushed in and for this month’s cover story. The bail Trections and Rehabilitation (CDCR) hit Washington in the mouth with his bonding industry, which is almost totally agreed to pay $15,700 plus a boombox to baton. unregulated, exists exclusively to profit settle a prisoner’s excessive use of force As the cell door was closing, Wash- from the criminalization of poverty at claim. ington stuck his cane in the door, causing the expense of everyone else. As the need The lawsuit, filed by state prisoner it to jam. The guards’ attempts to break for criminal justice reform becomes even Tracye B. Washington, stemmed from the cane were initially unsuccessful, so more urgent there is equally a need to events that occurred at Salinas Valley they pepper sprayed Washington twice. question the involvement of the many State Prison. Washington’s problems be- He then complied with an order to strip parasitic businesses that profit from mass gan on April 10, 2004, when he was told and cuff up. Once cuffed, guard A. Gomez incarceration. These include private pris- to pack his property to move to another held onto the cuffs through the door’s ons, prison phone companies and, yes, unit. He was initially resistant but then “feed-port” and subsequently snatched bail bondsmen. agreed to comply. the cuffs upwards and backwards, spin- PLN readers should have received our Guards became impatient with how ning Washington around and flinging him annual fundraiser letter by now. Unlike long it took him to pack, so they in- to the concrete floor face-first. many non-profits, we do not bombard tervened and completed retrieving his Washington filed suit in federal court, our readers with endless pleas for dona- property. Washington was handcuffed in alleging Eighth Amendment violations for tions. Rather, we do one end-of-the-year front due to a physical disability and taken excessive use of force. The case settled on fundraiser to ask for your support because to the sally-port gate. Once in the sally- March 8, 2012 for $15,700 and a provision our income from subscriptions, book sales port, Sgt. E. Moore shoved him face-first that Washington be given or allowed to and advertising revenue does not cover all into the fence and held him there. Other purchase a boombox, which are no longer of our operational costs. than a medical report at Washington’s permitted under CDCR property rules. This year we are asking for your request, no reports were written about He was represented by attorneys Margaret support to help fund the Campaign for the incident. Anne Keane and Sebastian L. Miller. See: Prison Phone Justice. We are close to Two days later, Washington’s unit was Washington v. Duncan, U.S.D.C. (N.D. getting the Federal Communications on “cell-feeding” status. At the breakfast Cal.), Case No. 3:05-cv-02775-WHA. Commission (FCC) to cap the rates for meal he asked guard C. Baez for some Washington later filed a motion seek- interstate prison phone calls, but need blankets because he had no bedding and ing to enforce the settlement, as CDCR to keep the pressure on them. Thus, this his cell was cold. Baez responded that officials would not give him a boombox year’s annual fundraiser asks for two because it was a weekend, he could not get or let him buy one and have it “grandfa- things: that you contact the FCC and ask any blankets until the next day. When it thered in.” However, in a September 18, them to act on the Wright petition (see was time to turn in the food tray, Washing- 2012 order, the district court held that the ad on page 39 for details on how to ton again asked for a blanket, requested to it no longer had jurisdiction over the do this), and to make a donation to help see a supervisor and refused to return the case to enforce the settlement, and that cover the expenses of the Campaign for tray when his requests were denied. Washington would have to file a breach Prison Phone Justice. A few hours later, Baez and CDCR of contract suit in state court if he wanted This is very much a case where you guards L. Hernandez, Zamora and to contest the CDCR’s refusal to let him as an individual can make a difference, Aguire approached Washington’s cell have a boombox pursuant to the settle- first by writing to the FCC and telling with their batons in hand. When the cell ment agreement. November 2012 14 Prison Legal News Annual PLN Fundraiser Prison Legal News, a project of the Human Rights Defense Center, cannot fund its operations through subscriptions and book sales alone. We rely on donations from readers and supporters like you! We only conduct one fundraiser a year and do not bombard our readers with endless donation requests. Every dollar counts and is greatly appreciated, and is put to good use. HRDC is an active and founding member of the Campaign for Prison Phone Justice. We believe that the extortionate cost of phone calls made by prisoners is one of the most pressing issues affecting prisoners and their families today. Our goal is to raise $60,000.00 to fund HRDC’s role in the Campaign for Prison Phone Justice. This includes collecting and analyzing prison telephone contracts, meeting with Federal Communications Commission members and staff, and media outreach and education, among other initiatives. As the campaign ramps up we need the resources to be able to do our part to bring the campaign to victory. Your donation can make a big difference in this campaign. Please donate whatever amount you can afford; no amount is too small and every little bit helps. Whether or not you can donate to support our work and the Campaign for Prison Phone Justice, please encourage others you know who are either interested in this topic or have the resources to make a donation to do so. Your opinion counts and is valued. Your support for the Campaign for Prison Phone Justice will go to fund: • The salary and expense of a researcher to gather and maintain the prison phone contracts for all 50 states and the federal Bureau of Prisons and keep them current, and to organize outside support around the prison phone issue. • Maintain and update the www.prisonphonejustice.org website. • Analyze and gather all news reports related to prison phone issues and disseminate them via list serv, websites, print and social media (we will publish updates in PLN). • Travel expenses and costs associated with meeting policymakers and government officials to enact change on this issue. With your help we can win this fight and reduce the exorbitant cost of prison phone calls! You can mail a check or money order to: Prison Legal News/Human Rights Defense Center, P.O. Box 2420, West Brattleboro, VT 05303 Or call our office at802-257-1342 and make a credit card donation, Or donate online at: www.prisonlegalnews.org Please consider becoming a monthly sustainer and making a donation each month.

PLN Support Gifts Gift option 3 To show our appreciation for your support, we are providing the following selection of books for Gift option 1 you to choose from when making a donation of $100. Donations As a token of our gratitude for your sup- of $100 or more can choose one free title. Each $100 donation port, we are providing the PLN card when entitles you to another free title; i.e., donate $500 and you get making a donation of $50. The card is hand five books! $1,000 and you get everything on the page! Please embroidered by women circle the books you want and send the corresponding donation prisoners in Bolivia who amount. (Or donate to of your choice.) are paid a fair wage for the cards to help support their families.

Gift option 2 In recognition of your support, we are pro- viding the PLN hemp tote bag when mak- ing a donation of at least $75. Handmade in Vermont using hemp fiber. Carry books Gift option 4 and grocer- As a thank you gift for your support, we are providing the entire PLN anthology of critically ies stylishly acclaimed books on mass imprisonment signed and help by editor Paul Wright! (The Celling of Amer- end the war cia, Prison Nation and Prison Profiteers) plus on drugs! the PLN hemp tote bag to carry the books in when making a donation of $250 or more. (Or donate to prison library of your choice.)

Prison Legal News 15 November 2012 Liberty for Sale: Should Ohio Prisoners be Commodities in a For-Profit Venture? by German Lopez, Cincinnati CityBeat n 1997, Corrections Corporation of tion to CCA, the same company that private prison operators, which gain a IAmerica (CCA) opened a private prison couldn’t handle running the Youngstown substantial amount of power by virtue of in Youngstown, Ohio. The Northeast Ohio facility in 1997. owning and running prisons, push against Correctional Center was to hold out-of- In the past, private prison companies policies the public wants and needs. state prisoners with the promise of profits built their own prisons, and at times state “The companies get paid a per diem and tax revenue for Youngstown, a largely governments have asked private companies for the number of people that are in their industrial city that had struggled economi- to manage state-owned prisons. But this is prison, so it’s in their interest to keep cally since its steel industry went downhill the first time in history a state prison has been those prisons as full as possible,” Brick- in the 1970s and ‘80s. CCA quickly staffed sold to a private company, which will house ner says. the prison with inexperienced guards the state’s prisoners for at least 20 years. The conflict between costs and ad- and then received 1,700 prisoners – most Ohio had actually planned to sell five pris- equate safety measures presents real-life charged with violent crimes – transferred ons as part of its 2011-12 budget, but the consequences. A study at George Wash- from Washington, D.C. Within a year, state was only able to complete the Lake ington University found private prisons 20 prisoners were stabbed and two were Erie deal because none of the other sales have a 50 percent higher rate of prisoner- murdered. Six escaped. saved enough money. on-staff assaults and a 66 percent higher Public outrage came fast. Citizens in Critics of prison privatization are not rate of prisoner-on-prisoner assaults than Youngstown demanded the prison be shut happy with the sale or the precedent it sets. publicly managed prisons. Another study, down. Local and national media outlets Mike Brickner, a researcher at the ACLU in the Federal Probation Journal in 2004, picked up the story. Mother Jones, a re- of Ohio, citing the lessons of Youngstown, had similar results – it found that, com- spected, independent investigative news wants Ohio to remember the security and pared to public prisons, private prisons magazine, reported that George McKelvey, public policy risks behind private prisons. have a 50 percent higher rate of prisoner- then-mayor of Youngstown, told reporters, And Policy Matters Ohio, a left-leaning on-staff assaults and prisoner-on-prisoner “Knowing what I know now, I would never research organization, suggests that pri- assaults. have allowed CCA to build a prison here.” vate prisons might not end up saving the These examples suggest making The city sued CCA to get the prison to state money anyway. prisons profitable by cutting costs might abide by new safety standards. not be sustainable. A 2011 ACLU report, CCA eventually shut down its Private Problems which Brickner co-authored, attributed Youngstown prison because having to The primary concern over the private the higher rates of assault in private pris- abide by the new standards made it no prison model is the possibility of a funda- ons to poorly trained staff. The report longer profitable. The prison remained mental conflict of interest. America’s main noted high staff turnover rates at private closed for a few years and then opened un- private prison companies – CCA, Manage- prisons: 53 percent compared to 16 per- der a new model – as a holding center for ment and Training Corporation (MTC) cent at public prisons. According to the people waiting for federal court hearings. and the GEO Group – make more money ACLU, the high turnover rate creates a Today, the Youngstown example seems when more people are incarcerated. But it’s vicious cycle involving private prisons long forgotten. Last year Ohio became the largely believed to be in the public inter- shuffling less experienced, poorly trained first state to sell a state-owned prison to a est to imprison as few people as possible staff to replace former staff. private company. This deal, which was ful- and rehabilitate prisoners to be functional Focusing on the bottom line also pres- ly supported by Gov. John Kasich and the citizens. This presents a fundamental con- ents problems for rehabilitative programs. Republican-controlled Ohio legislature, tradiction for policymakers: They want The ACLU report found the two private sold the Lake Erie Correctional Institu- to hire private prison operators, but then facilities in Ohio have fewer rehabilita- tive programs than prisons managed by the state. Brickner says this makes sense from a profit perspective: “It doesn’t make any difference to them whether or not a person eventually integrates back into society. Looking from a cynical approach, it actually helps them if that person (is convicted again) because they come back into their prison and they get money off them again.” Inmate Mags There is also the issue of accountabil- Inmate Book ity. In Ohio, the state Supreme Court has Service repeatedly ruled against anyone seeking $17.99 public records from private entities doing November 2012 16 Prison Legal News public work. The court instead said private prisons, but they did find that the state the state assumed it would produce 5 per- facilities – specifically a nonprofit commu- is using some fairly shady math to get its cent in prison health care savings. nity corrections organization in the case savings numbers. But Schiller says that kind of as- of Oriana House, Inc. v. Montgomery – do Zach Schiller, a researcher at Policy sumption makes little sense. In reality, if not fall under public records laws. Matters Ohio, says the reports’ findings the state is transferring 5 percent of its Brickner says Gov. Kasich’s proposal show the state’s claim that it’s getting healthiest, safest prisoners to a private is unlike past proposals because it is not more than 5 percent in savings, which is prison – somewhat likely, says Schiller, just leasing state prisons and letting pri- the legally required amount to allow a considering private prisons rarely house vate companies operate them. Instead, the private prison operation, has not been the most dangerous, unhealthiest criminals state sold the land and prison to a private adequately demonstrated. – that is not going to produce 5 percent in company. Brickner is worried that private The state did demonstrate an imme- savings. On the contrary, healthy prison- ownership of the prison will make it more diate, one-time profit on the sale of the ers use considerably fewer health services, difficult for the state to take back the prison Lake Erie facility. The facility cost about so it’s possible transferring 5 percent of from CCA if something goes wrong. $43.9 million to build, and the state sold prisoners could only produce a fraction But practicality is not the only reason it to CCA for $72.8 million. That’s a $28.9 of that in medical savings. for opposition and criticism of private million profit. That budget trick was used repeat- prisons. The ACLU also opposes the pri- Where problems arise is how the state edly in the state’s numbers, including food vate prison model from a philosophical calculates savings from ongoing contrac- and education programs, according to standpoint. tual costs. Under the contract, the state the Policy Matters Ohio report. This led “The model of prison privatization has to pay two major fees to CCA: a per Gerry Gaes, former research director at is that they earn their money off of in- diem fee, which is how much the state pays the federal Bureau of Prisons and visit- carcerating people, and we believe that each day for each prisoner held at Lake ing scientist at the National Institute of incarceration is one of the greatest de- Erie; and an annual ownership fee, which Justice, to call the state’s numbers “bogus” privations of liberty that the government is how much the state pays for using CCA’s in the Policy Matters Ohio report. can dole out to a person,” Brickner says. facility to house prisoners. The question is “These get to be very specific, narrow “We should not be in the business that whether these fees will cost the state more criticisms, but, nevertheless, I think they private corporations earn money off the than managing the prison would have cost undercut the state’s numbers,” Schiller deprivation of liberty.” under public ownership. says. “They make it difficult to have any Schiller says it’s possible the fees confidence that we’re saving money.” Faulty Math might be more expensive. He points to Schiller further noted the state’s an- One of the more surprising assertions the faulty budget gimmicks unveiled in nouncement detailing what it will do with made by critics of private prisons is that the Policy Matters Ohio reports. One the prisons that weren’t sold. The state privatization does not save money. If sup- such gimmick is the state’s assumption originally intended to sell five prisons. In- porters of private prisons have one thing that each prisoner transferred to a private stead, the state sold one and put two others on their side, it’s that private prisons are prison would result in one-to-one savings. under private management. The state also supposed to be more efficient in order to In other words, if the state transferred 5 took the North Coast Correctional Treat- generate profit. While these companies percent of its prisoners to a private prison, ment Facility that was originally managed certainly enjoy profits – CCA posted $162.5 million in net income for 2011 – it turns out those profits might not come at the benefit of taxpayers. MILLER CONSULTING That was the conclusion of reports ASSISTANCE TO CALIFORNIA LIFERS AND OTHER INMATES released by Policy Matters Ohio in 2011. Ɣ HABEAS CORPUS Ɣ BPH/GOVERNOR DENIALS OF PAROLE The reports did not conclusively find Ɣ INMATE APPEALS (602) Ɣ PAROLE HEARING ADVANCEMENTS private prisons cost more than public Ɣ PLEA BARGAIN ISSUES Ɣ GANG VALIDATION ISSUES Ɣ SENTENCING ERRORS Ɣ DISCIPLINARY VIOLATIONS (115s) Ɣ LWOP ISSUES Ɣ COMPASSIONATE RELEASE T Y P I N G Ɣ GOVERNOR CLEMENCY APPLICATIONS (Commutation; Pardon) S E R V I C E S Provided since 1998 Ɣ RESEARCH SERVICES: Court decisions; statutes; regulations; regulatory proposals; Specifically designed, with special legislation; journal/newspaper/internet articles; research of case law on specified subjects. rates for the incarcerated person. Black / Color Printing and Copying ƔWE ARE NOT LAWYERS: Miller Consulting is owned by Donald Miller, a former lifer with a law degree. We provide assistance in completing certain of the above applications. SEND A SASE FOR A “FREE” PRICE LIST Many of the services provided must be supervised by lawyers, often the attorneys of record. AND MORE INFORMATION TO: We work with and for several competent attorneys practicing in this field of law. LET MY FINGERS DO YOUR TYPING Sandra Z. Thomas (dba) P O Box 4178 Ɣ PRO PER SERVICES: Some lawyers we work with will contract for a nominal fee to Winter Park, Florida 32793-4178 assist inmates in filing pro per petitions. Phone: 407-579-5563 (Further information upon request) Special Offer: $2.00 off first order. POB 687, Walnut CA 91788 - Phone (626) 839-0900 - [email protected] SSpecialpecial offer void after:after: 12/31/2012 12/31/2010 Prison Legal News 17 November 2012

2 of 2 could respond to criticisms leveled by the private prisons. Liberty for Sale (cont.) ACLU of Ohio and Policy Matters Ohio. Ohio state Senator Bill Seitz admits MTC did not grant an interview before to accepting donations and even meeting by MTC, put it back under public own- press time, and CCA and the GEO Group with MTC officials, but he says that has ership and combined it with Grafton never responded. little bearing on his support of private Correctional Institution. prisons. “What we found is the greatest amount Follow the Money “If I thought private prisons were go- of savings was not by private operation,” If private prisons are so bad, why ing to not follow the program of sentencing Schiller says. “It was by taking the one do state governments continue allow- reform and recidivism reduction through private facility back into public control and ing them? Brickner attributes this to an increased training and educational op- combining it with another [facility].” honest belief among policymakers that portunities in prison, I certainly wouldn’t Schiller acknowledges the merger privatization is cheaper, but he also points support privatizing prisons,” he says. could play a bigger role in the savings than to campaign contributions. Brickner says it’s true that contracts public ownership, but he says, regardless, “We can’t ignore that there is a lot of with private prisons typically require the example undermines the cost savings money at play here,” says Brickner, citing them to keep similar standards to state of privatization – and that’s all by using the massive profits from private prison prisons, but he says that’s not how it works the state’s own numbers. companies and the campaign contribu- in reality: “They may provide the same There are also problems that could tions they give to politicians. number of programs, but that doesn’t go pose more costs down the road for taxpay- According to campaign contribution into how effective the programs are. There ers. To Schiller, one troubling highlight of data from the Ohio Secretary of State, the isn’t really anyone monitoring or holding the deal with CCA is that the state must pay GEO Group donated $10,000 to Kasich accountable the private prisons for how for 90 percent occupancy even if the prison and $52,000 to the Republican Governors effective they are. That’s typically not isn’t 90 percent full. That means if the Association, which helped fund Kasich’s worked into the contracts.” state were successful in reducing its prison gubernatorial campaign, in 2010. Between In his defense, Seitz cited the Talbert population, it would still have to pay for 90 2003 and 2006, CCA gave $7,000 to Ohio House, a halfway house that he says is percent occupancy at Lake Erie. Republicans and former Gov. Bob Taft. In “among the most highly respected orga- Schiller says such a prison population 2010, CCA gave $50,000 to the Republican nizations in all of Hamilton County.” He reduction is unlikely, but if it came to pass Governors Association. There were also added: “There’s nothing intrinsically evil within the next two decades it would force reports that CCA gave $10,000 to Kasich’s about having private companies in this the state to either transfer prisoners to the transition fund in December 2010. Between space. Many of them do a very fine job.” Lake Erie facility or not make full use of 2007 and 2010, MTC donated a total of Cincinnati CityBeat repeatedly at- the capacity it’s paying for. $99,000 to state policymakers. tempted to contact the ODRC to answer But perhaps the most troubling part That money might not seem like much questions regarding criticisms of private of the deal with CCA is how straightfor- in comparison to federal campaigns that prisons and the possible conflict of inter- ward the company is with its intent to raise millions of dollars a month. But in est presented by Mohr being director of raise costs to the taxpayer for the sake state terms, it’s a lot. Three contributors the ODRC. The department refused to of profit. The latest Policy Matters Ohio giving a few hundred thousand dollars is grant an interview. Instead, the ODRC report on private prisons found part of a decent amount of cash in the context of offered a statement saying Mohr separated CCA’s strategy for growth is “enhancing state elections, and that’s only what can be himself from the prison sale process. No the terms of our existing contracts.” In found in public records. further details were provided. other words, CCA will try to raise fees to There are also some questionable make bigger profits by renegotiating its connections between state officials and Alternative Reform contract to include more income and less private prison companies. Kasich’s office Regardless of what anyone thinks cost. The contract between CCA and Ohio in particular has been heavily involved about private prisons, the fact is Ohio’s will be renegotiated every two years. with CCA in the past. Gary Mohr, prisons are overcrowded. This is reflective To illustrate CCA’s tactic, Schiller director of the Ohio Department of Re- of a nationwide problem. A 2008 study by points to a 2008 case in Colorado when habilitation and Correction (ODRC), is a the Pew Center on the States found that CCA threatened to bring in out-of-state former CCA employee. Donald Thibaut, one in 100 Americans is behind bars. prisoners to fill up beds in one of its four former chief of staff for Kasich when Privatization offers what Brickner facilities in Colorado if the state did not Kasich was in Congress, now works as says policymakers see as an easy solution. increase the per diem fee by 5 percent. Colo- a lobbyist for CCA. When he was a U.S. Politicians typically want to keep an image rado eventually compromised with CCA by senator for Ohio, Ohio Attorney General of being “tough on crime,” but they also approving a 4.25 percent hike, but the state Mike DeWine helped CCA reopen its know costs have to be cut somewhere. later rescinded the hike in the face of budget Youngstown prison in 2004 with a federal With the belief privatization makes pris- problems. Still, Schiller says this shows the contract. ons cheaper, Brickner says politicians can extent to which CCA will go to make a profit Rob Nichols, spokesperson for Ka- have their cake and eat it too at the expense of everyone else. sich, said he could not comment on private The ACLU argues private prisons go Cincinnati CityBeat repeatedly con- prison issues because the state is dealing after the symptoms of the problem, not tacted the offices of CCA, the GEO with a lawsuit filed by the Ohio Civil Ser- the cause. If policymakers want to tackle Group and MTC, the three major private vice Employees Association (OCSEA), a the issue of prison costs, the ACLU says corrections operators in Ohio, so they union for public prison staff, regarding they should pass reform that makes im- November 2012 18 Prison Legal News prisoning so many people unnecessary. To the credit of Republicans that typi- cally support private prisons, many have supported sentencing reform. Seitz in par- ticular sponsored S.B. 337, which provides . new ways for criminals to get their records expunged and allows released criminals to obtain a certificate of qualification from courts for employment. He also supported Tired of hearing this word yelled at you by smug guards? H.B. 86, which provides sentence-reduc- tion incentives for prisoners to get job Tired of the substandard food meant for dogs? training and education programs while in prison. Both bills were passed by the Tired of the way they treat your families? Republican-controlled Ohio legislature and signed into law by Kasich. Tired of feeling hopeless, helpless, and without unity? But Brickner and the ACLU argue that’s not enough. Instead, they say poli- Facing the U.S. Prison cymakers should move away from private Problem, 2.3 Million Strong prisons, and push for more policies that stop putting nonviolent offenders behind is every convict’s story told bars. The ACLU cites the war on drugs as by a recently released ex- one policy that puts people in prison for con who lived through nonviolent crimes. twenty years of Some organizations are pushing more forcefully against private prisons. incarceration in Florida. The OCSEA is suing the state after union This book is the most members were fired due to prison priva- comprehensive account of tization, including the sale of the Lake the mistakes being made Erie facility. The union claims it’s uncon- stitutional for the state to sell its prisons and exactly how to fix to private entities. them. If you and your But Brickner is not convinced more family members have felt reform is coming, and he doesn’t see Re- helpless, this book is for publicans backing down on private prisons anytime soon. He cites the experience of you and it is for them to the 1990s, in which states jumped on board understand how you are with prison privatization, only to back treated and how to unify down by the early 2000s when clear prob- for change – finally. lems arose – like those at Youngstown. “Unfortunately, what we have to wait for the tide to turn is another round of (Included is a resource directory for both prisoners and safety issues at these facilities,” he says. In other words, for policymakers to families seeking legal aid, school courses, free books, and address concerns, Brickner believes his- much more to become empowered with the tools and tory will have to repeat itself. knowledge to make a difference.) This article was originally published by Cincinnati CityBeat (www.citybeat.com) th on September 19, 2012 in a longer ver- Available on October 15 , 2012 for $24.95 sion. This edited version is reprinted with at: SpeakOutPublishing.com, Amazon, and permission. Barnes & Noble Ed. Note: On September 25, 2012, the ODRC said it would not seek further priva- tization of state prisons. “We’re going to stay By phone at (941) 330-5979, or mail money the course on those [sentencing reforms] and I think privatizing additional prisons would order payment to: Speak Out Publishing, take away from that reform effort that we P.O. Box 50484 Sarasota, FL 34235 have, so I’m not anticipating privatizing any more prisons in the short term here,” stated ODRC director Gary Mohr. Prison Legal News 19 November 2012 PLN Readers Flood the FCC with Letters; Campaign Fights for Prison Phone Justice by Mel Motel n June 2012, Prison Legal News began “Right now, my father is dealing with brought together grassroots groups and Irunning a full-page flyer for the Cam- health problems and I can’t call him to see individuals to meet with elected officials in paign for Prison Phone Justice, asking what’s going on,” wrote Terry Barton, a California, New York and West Virginia to people to get involved and take action. prisoner at the Sussex II State Prison in urge them to press the FCC to act on the Within weeks, letters from PLN readers Virginia. “Every day I just hope I don’t Wright Petition, which has been pending began flooding the Federal Communica- get bad news that he’s passed away and I for almost ten years. tions Commission, urging the FCC to couldn’t talk to him before it happens.” Some federal lawmakers are taking up cap the high costs of interstate prison The Campaign for Prison Phone the fight for prison phone justice, too. On phone calls. The letters and comments Justice is a joint project of Media Action September 12, 2012, U.S. Representatives described the exorbitant phone rates that Grassroots Network (MAG-Net), Work- Henry A. Waxman (D-CA) and Bobby L. prisoners and their families have to pay, ing Narratives and the Human Rights Rush (D-IL) sent a letter to FCC Chair- and explained the consequences – per- Defense Center – the parent organization man Julius Genachowski, calling on the sonal, financial and societal – of expensive of Prison Legal News. The Campaign’s FCC to take action on the issue of high prison phone calls. current focus is on the national issue of prison phone rates. “My parents, 84 and 85 years old, getting the FCC to limit interstate (long “Research shows that regular contact barely can pay their bills with their in- distance) prison phone rates, as the FCC between prisoners and family members come,” wrote prisoner Robert Taylor in his only has jurisdiction over interstate phone during incarceration reduces recidivism. letter to the FCC. He noted that telephone services. The next phase will prioritize Phone calls are the primary means for calls are the only way to communicate supporting statewide campaigns for fair families to maintain contact with incarcer- with his aging parents, as his mother suf- local and intrastate phone rates for prison- ated relatives,” the Representatives wrote fers from macular degeneration, a medical ers and their loved ones. in their joint letter. condition that results in loss of vision, and Of course the Campaign is not the “Experts across the political spectrum cannot read or write. first effort to mobilize people to fight have recommended minimizing the cost His parents “often go without meals against the unjust prison phone industry. of prison phone calls as a way to support to be able to cover the cost of hearing my When PLN researcher and writer Mike strong family relationships with inmates,” voice,” Taylor said. “It’s a shame for these Rigby collected data on prison phone con- Waxman and Rush noted. “Yet under companies to be able to gouge our families tracts in 2008 and 2009 [see: PLN, April current policies and practices, prisoners so hard that they have to miss meals just 2011, p.1], he found that eight states did and their families pay unusually high rates to speak to their loved ones.” not accept kickback commissions from for phone service that discourage regular According to FCC Docket #96-128 phone companies, which resulted in lower contact.” (known as the Wright Petition), more rates. Many organizations and individuals No one knows better than prisoners than 200 people from Oregon to Virginia in those states had worked to put pressure and their family members who is harmed have submitted letters since PLN started on policymakers to end price-gouging by by the high phone rates and the commis- running the Campaign for Prison Phone prison phone companies. sion kickbacks that drive up the cost of Justice flyer in June. Of those, 173 were The Campaign for Prison Phone prison phone calls. comments from prisoners and the rest Justice has drawn lessons and inspiration “It is unfair to lock up the poorest came from prisoners’ families, friends and from such organizing to continue to push people in this country only to allow preda- other people concerned about expensive for changes on the federal level and to tory phone companies to exploit them,” prison phone calls. strengthen local efforts, and letters from federal prisoner Kevin Johansen said in a The letters to the FCC highlight the prisoners have helped drive the message letter to the FCC. “Limiting a prisoner’s devastating effects that prison phone rates home in meetings with elected officials. connection to his family damages his sta- have on prisoners’ ability to communicate. In August 2012, Amalia Deloney bility in prison and in transitioning back Vickie Goodwillie lives in Eugene, Oregon, from MAG-Net and the Campaign for into the [free]world.” but her son is incarcerated at the Missis- Prison Phone Justice met with staff from “I hope you can see that the practice sippi State Penitentiary in Parchman. FCC Commissioner Mignon Clyburn’s of prison phone price gouging affects the “Because of the cost of collect phone calls office, highlighting the hundreds of letters prisoner’s family and society as a whole being so high, I haven’t been able to speak and comments entered on the docket for in a way that outweighs any justification to him at all,” Goodwillie said. the Wright Petition. put forth by prison officials. All they care Homeless and with an income of just “Staff were very excited to hear about is kick-backs,” wrote Matthew $130 a month, she added, “If the calls about the hundreds of online postcards Davis, incarcerated at the Stateville Cor- were cheaper, I could pay a friend at least filed from the Mother’s and Father’s Day rectional Center in Illinois. once a month for a collect call. But as it is actions, and they were incredibly moved Commenters who sent letters to the now I’d be paying my friend every penny to hear about the letters from inmates FCC also spoke about the impact of exor- of my income and have nothing left over themselves,” Deloney stated. bitant prison phone rates on their ability to live on.” Additionally, the Campaign has to communicate with their children. November 2012 20 Prison Legal News “The phone call prices are so outra- with the FCC, rebutting the points ad- your comments to: geous it is impossible to keep in touch dressed by Global Tel. Chairman Julius Genachowski with my children,” remarked Eric Vick- If you have not already done so, Federal Communications Commission ers, one of the many prisoners at Sussex you can contribute to the fight to end Public Comments II State Prison in Virginia who contacted abusive prison phone rates by sending 445 12th Street NW the FCC. a brief letter to the FCC explaining the Washington, DC 20554 “Although I cannot have an immedi- effect that high prison phone costs have If you don’t take action, then you ate impact on my children’s lives, I would had on you and your family. Address the have no right to complain about the abu- still love to have some type of influence on letter “Dear Chairman Genachowski,” sive practices of prison phone companies them and the choices they make so that and please speak from your own personal and how they exploit prisoners and their hopefully they never end up inside the experience. You must state the following families. So get involved, and encourage walls of prison other than to visit their at the beginning of your letter: “This is a others – both in prison and on the outside father,” he added. public comment for CC Docket #96-128 – to get involved, too. The website for the “Please help us, help our children. (the Wright Petition).” Your letter will Campaign for Prison Phone Justice is: Please,” Vickers stated. His request is a be made part of the public docket. Send www.phonejustice.org. reminder that the effects of high prison phone rates extend beyond prisoners, to New Titles Available in PLN’s Bookstore their families and to entire communities. However, prisoners and their sup- porters are not the only ones contacting Criminal Law in a Advanced Criminal the FCC; prison phone companies are Nutshell, by Arnold H. Loewy, Procedure in a Nutshell, submitting letters and comments, too. 5th edition, 387 pages. $38.00 by Mark E. Cammack and For example, on October 3, 2012, Global Norman M. Garland, Tel*Link, the nation’s largest prison phone 2nd edition, 505 pages. $38.00 service provider, filed a comment with the FCC that summarized its positions on issues related to the prison telephone industry, including justifications for high Criminal Procedure: A Dictionary of Criminal phone rates. Five days later the Human Constitutional Law Terms (Black’s Law Limitations, by Jerold H. Dictionary® Series), by Rights Defense Center filed a response Israel and Wayne R. LaFave, Bryan A. Garner, 768 pages. 7th edition, 603 pages. $38.00 $39.00

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Why advertise with PLN? 2 Who reads PLN 2 Don’t take our word for it! 3 Media Coverage 4 Website Advertising 4 Display Ad Rates 5 Classified Ads 7 Advertising Policies 8 The Other Death Sentence More than 100,000 Americans are destined to spend their final years in prison. Can we afford it? by James Ridgeway illiam “Lefty” Gilday had been in to shoot the guy – that it was a warning warden of the mammoth federal correc- Wprison 40 years when the dementia round that ricocheted – but the jury didn’t tional complex in Florence, Colorado. began to set in. At 82, he was already buy it, and he was convicted of first-degree “We’re behind the eight-ball on this.” suffering from advanced Parkinson’s murder and sentenced to death. (The stu- The boom in geriatric prisoners is the disease and a host of other ailments, and dents got no more than seven years). inevitable result of legislation from the his friends at MCI Shirley, a medium- In 1972, after the Supreme Court tough-on-crime 1980s and 1990s, which security prison in Massachusetts, tried to briefly banned capital punishment, Lefty extended sentences and slashed parole op- take care of him as best they could. Most became a lifer. Over time, he also became portunities, both dramatically so. According of them were aging lifers like Lefty, fac- a jailhouse lawyer – a prisoner paralegal to a June 2012 report by the Pew Center on ing the prospect of one day dying behind who puts together legal cases for fellow the States, drug offenders released in 2009 bars themselves, so they formed an ad hoc prisoners – settling disputes and eventu- had spent 36 percent longer behind bars, on hospice team in their crowded ward. They ally gaining a rep as something of an elder average, than those released in 1990. One bought special food from the commissary, statesman. When Lefty died last Septem- in ten state prisoners nowadays is a lifer, heated it in an ancient microwave, and fed ber, his friends were denied permission and about the same proportion of federal it to their friend. They helped him to the to hold a memorial service in the prison prisoners over 50 are serving 30 to life. In toilet and cleaned him up. Joe Labriola, chapel, so they ended up holding it in a short, more than 100,000 prisoners are 64, tried to see that Lefty got a little sun- classroom. The service culminated in some currently destined to die in prison, and far shine every day, wheeling his chair out into 80 men sailing paper planes into the air more will remain there well into their 60s the yard and sitting with his arm around as a tribute. “We loved the old man,’’ Joe and 70s. Many of these men – as most of him to keep him from falling out. Labriola wrote me in a letter. them are men – were never violent criminals, But Lefty, who was serving life Lefty Gilday was no ordinary prison- even in their youth. In Texas, for example, without parole for killing a police officer er, but in one regard he typified a growing 65 percent of the are in for during a failed bank heist in 1970, slipped segment of America’s prison population nonviolent acts such as drug possession and ever deeper into dementia. One day he – geriatric prisoners. The United States property crimes. threw an empty milk carton at a guard leads the world in incarceration, with Keeping thousands of old men locked and was placed in a “medical bubble,” a more than 2.2 million people in its prisons away might make sense to die-hards seek- kind of unit with and jails, and the graying of this popula- ing maximum retribution or politicians a glass window that enables health care tion is shaping up to be a crisis with moral, seeking political cover, but it has little staffers to keep an eye on the prisoner. practical and economic implications for effect on public safety. By age 50, people His friends were denied entrance, but Joe cash-strapped governments. In recent are far less likely to commit serious crimes. managed to slip in one day. He recalls an years, a growing number of advocates – “Arrest rates drop to 2 percent,” explains overpowering stench of piss and shit and a and even a handful of corrections officials Hood, the retired federal warden. “They stack of unopened food containers – Lefty and politicians – have dared to suggest are almost nil at the age of 65.” The arrest explained that he couldn’t open the tabs. that we consider setting some of these rate for 16-to-19-year-olds, by contrast, Joe also noticed that the nurses in the ad- old-timers free. runs around 12 percent. joining observation room had blocked the As of 2010, state and federal prisons Once released, therefore, the vast ma- glass with manila folders so they wouldn’t housed more than 26,000 prisoners 65 and jority of the older prisoners never return. have to look at the old man. older and nearly five times that number Data from New York state, for example, Lefty had been popular among 55 and up, according to a recent Human tracked 469 prisoners who were originally the prisoners, though. A minor-league Rights Watch report. (Both numbers are sentenced for violent crimes and were later ballplayer turned 1960s radical – his significant, since long-term incarceration released as senior citizens – over a 13-year southpaw, not his politics, earned him is said to add 10 years to a person’s physi- period, just 8 of those former prisoners the nickname – he was the subject of one cal age; in prison, 55 is old). From 1995 to went back to prison, and only 1 went back of the most infamous manhunts in Mas- 2010, as America’s prison population grew for a violent offense. “The mass incarcera- sachusetts history. He had already been in 42 percent, the number of prisoners over tion of the elderly is an example of our and out of prison several times on robbery 55 grew at nearly seven times that rate. criminal justice system at its most heart- offenses when he fell in with a group of Today, roughly 1 in 12 state and federal less and its most irrational,” says David Brandeis University students who decided prisoners is 55 or older. Fathi, director of the ACLU’s National that stealing guns and money could help The trend is worsening. A new report Prison Project. “Most such prisoners are them foment a black revolution. They from the American Civil Liberties Union long past their crime-prone years and pose held up a bank in 1970, and when Boston estimates that, by 2030, the over-55 group little to no public safety risk.” police responded, guns drawn, a patrol- will number more than 400,000 – about Beyond any questions of efficacy or man named Walter Schroeder was shot a third of the overall prison population. mercy lies the looming issue of the price dead. Lefty claimed that he never meant “It’s huge,” says Bob Hood, the former tag. According to the ACLU, caring for November 2012 22 Prison Legal News aging prisoners costs American taxpayers wheelchair accessibility, handicapped toi- during the 1980s and 1990s – are acces- some $16 billion annually. We shell out lets, grab bars – the whole nine yards.” sible only to prisoners who can walk long roughly $68,000 a year for each prisoner In recent months, I have been cor- prison hallways or climb stairs. For some over 50, twice what it costs to keep a responding with several older men in old-timers, a cell is their entire world; doing younger person locked up. And the older Massachusetts state prisons, and have time simply means awaiting death. the prisoner, the greater the cost. “I’ve had visited one of them in person. They are Joe Labriola is a former Marine com- inmates where a total cost of $100,000 a all lifers with murder convictions, which bat hero. Now 66, he joined the Marines year is on the low side,” Hood says. makes them atypical even among the long- at 17 and served two tours in Vietnam, Even when you factor in post-incar- termers. These men will never be paroled, receiving a Purple Heart and Bronze Star ceration expenses – for parole, housing and they are unlikely to qualify for early with Combat “V” for valor. After return- and public benefits such as health care release no matter how rehabilitated they ing home, he was convicted of killing a – the ACLU projects that taxpayers save might be or how aged and decrepit they drug dealer who was an FBI informant $66,000 a year, on average, for each pris- become. They have accepted this, and and got life without parole. So far he has oner over 50 our prisons set free. “States have generally tried to make something of served 38 years – 18 in solitary. are confronting the complex, expensive their lives in prison – serving as jailhouse Labriola has chronic breathing prob- repercussions of their sentencing prac- lawyers, organizing against abusive condi- lems that he attributes to Agent Orange tices,” notes a 2010 report from the Vera tions, and helping their friends survive. Institute for Justice. I am 75, so we share camaraderie of It’s not difficult to see why it costs sorts as we compare notes on our aches so much. “The medical conditions that and pains and medication regimens. They present themselves to long-term elderly know I understand what it’s like to be inmates run anywhere from dialysis to getting old and facing illness and death. Helping the incarcerated community gain connections around the world! cardiac treatment to dementia,” says They also know I have no idea what it’s Carl ToersBijns, who worked his way up like to deal with these things behind bars. Post your profile on an easy to from guard to deputy warden during his Their letters tell of lives filled with daily navigate website for millions of 30 years in the New Mexico and Arizona indignities – trying to heave an aging body viewers to see. Gain new prison systems. “It is staff intensive,” he into the top bunk, struggling to move fast penpals and look forward to receiving mail! says. And the number of elderly prisoners enough to get a food tray filled or get a “is outgrowing the ability of corrections book at the library, fighting off younger One Year Ad Only $35 officers to handle and manage them – troublemakers. But worst of all is the per- Until Release Date Ad $95 they’re not medically trained.” vasive nothingness and isolation. Nor are prison facilities designed Prison officials tend to discourage Request a form today! for people with mobility problems. Their close friendships, and they dislike anything Send a S.A.S.E. to: Penacon.com assisted-living and hospice units are often that smacks of organizing, which is con- P.O. Box 1037 chock full, Hood says, leaving the unlucky sidered a security threat. So they routinely Edna, TX 77957 elders stuck in the general population transfer prisoners between prisons and without the services they need. Unless deny them the right to communicate with states start releasing them, Hood says, friends in other facilities. The activities USE CODE PLN5OFF we will need to “retrofit every prison in available – which are few, since lawmakers FOR $5 OFF America to put assisted-living units in it, wiped out most rehabilitative programming

(Void in New York) San Luis Obispo, CA.)

Prison Legal News 23 November 2012 to report that he was in solitary after a Norfolk Prison, about 45 minutes outside The Other Death Penalty (cont.) younger cellmate jumped him and beat Boston. Norfolk was designed for 750 men him up. His friends came to his aid, there and holds 1,500. Built during the 1920s to exposure. He says it’s hard for him to walk was a melee, and four people were thrown mimic a college campus, its buildings look more than 10 steps without help from an in the hole. Barnoski suffers from a heart more like dormitories than cell blocks, if oxygen machine, so he’s in a wheelchair condition called atrial fibrillation, which is you ignore the razor wire. a lot of the time. At least 75 prisons in treated with a blood thinner called Couma- Haas tells me his advocacy for prison 40 states now have hospices, but you din. He also has high blood pressure, high reform has earned him the scrutiny of the won’t find any in Massachusetts. At MCI cholesterol, shingles, and severe arthritis in prison’s Inner Perimeter Security force, an Shirley, Labriola lives in a ward called his back and neck. He takes 25 pills daily. internal police unit. They read his letters, Assisted Daily Living, which he describes “There have been many times, so many, that he says, and monitor his phone calls. So in his letters as a clutch of hospital beds they simply say, ‘We haven’t got that med rather than make a formal media request, in a corridor. “We live in an 11-man ward today,’” he writes. “Mind you it has been I simply go in as a regular visitor. with all the beds side by side,” he says. “No heart meds just last week. Locked in this Once I pass through the metal detec- ventilation or windows that can open. We hole without necessary meds is torture.” tors – presenting ID, taking off my shoes do have hospital beds and standing wall Then there’s Frank Soffen, also 73. and showing the bottoms of my feet, the lockers, something the general population Sentenced to life for second-degree mur- underside of my collar, and the inside of does not have.” Unlike most assisted- der, he has spent more than half of his life my waistband – I proceed across the cam- living facilities, this setup provides little in prison. Nowadays he is confined to a pus into a large visiting room filled with actual assistance, he says, other than what wheelchair. He has kidney and liver disease rows of chairs. Prisoners and visitors may “the prisoners who clean the floor and and has suffered four heart attacks. He sit next to, but not opposite, one another. bathrooms render us when we ask.” currently stays in the assisted-living wing They must keep their feet flat on the floor Residents get to move around out- of Massachusetts’ Norfolk prison. And at all times and their backs against the side the ward for just 10 minutes every because of his failing health and his clean chair backs. Guards posted at stations at hour, which means the person pushing record during 40 years behind bars – which either end of the room roam about and Joe’s wheelchair must race from place to included rescuing a guard being threatened escort visitors to the toilet. Prisoners are place – the prison library, he estimates, is by other prisoners – he has been held up as strip searched before they enter and after a quarter mile away. a candidate for compassionate release. they leave. From his window, Labriola has a Soffen is physically incapable of com- Haas enters wearing a short-sleeve view of the prison hospital. “I see men mitting a violent crime. He cannot even button down, pressed blue jeans and thick coming up for medication and insulin at hold a pen, in fact, so I had to rely on the glasses. With his neatly combed gray hair, least three to four times per day,” he says. other prisoners’ accounts of his situation. he reminds me of an IBM executive on a “They come in chairs, Canadian canes, They told me he has already participated visit to the factory floor. He is affable, and geriatric walkers. In one week alone we in prerelease and furlough programs, and a keen storyteller. In addition to leading had three deaths.” The hospital’s inpatient has a supportive family and a place to live the Lifers Group, a collection of men facilities consist of a series of five small with his son. One member of the state unlikely to ever get out, Haas is chairman wards with five beds in each. Men in parole board recommended his release. of the Store & Finance Committee of the various stages of bad health or terminal But the board has denied him parole twice Norfolk Inmate Council. He takes a big illness lie in bed all day long with noth- – in 2006 and again in January 2011. He interest in Project Youth, which teaches ing to do but watch soap operas. “What won’t be eligible for review for another five younger prisoners to speak to students they need is mental, spiritual and human years – if he lives that long. These days and youth groups about what led them stimulation in the form of a one-to-one he’s warehoused in a medical observation to prison. care provided by trained prisoners who bubble, bedridden, clad in adult diapers, As of June 2012, according to its own would be first cleared for drug usage and unable to wash. figures, the Massachusetts Department of sex crimes as there are female nurses in Gordon Haas, 68, is in better health, Correction had 11,679 prisoners. About the area,” Labriola suggests in one of but he too has been in prison the better 19 percent of them were 50 or older and his letters. “There are many men willing part of four decades, ever since his 1975 6 percent were at least 60. Last year, Haas to volunteer their time and energies into conviction for murdering his wife and used the DOC’s figures to produce his own making this a reality.” children. While inside, Haas earned a report, which notes that the 60-plus con- Lifer John Feroli told the following master’s degree from Boston University, tingent is the fastest-growing demographic story in one of his letters: “A guy in his but such opportunities are exceedingly in the state’s prisons. 70s I knew personally was in the [solitary rare nowadays. Ever since Willie Horton Haas says he has been urging the state confinement] unit because he failed to – the furloughed Massachusetts prisoner to adopt a hospice program for more than stand for the afternoon count. He was who went AWOL and committed rape 15 years. “Our contention is that since on the third floor of the housing unit, he only to become the bane of Michael Du- lifers will probably be in need of such was partially paralyzed from a stroke and kakis’ 1988 failed presidential run – Haas care, we are a resource for others now,” the batteries in his hearing aid were dead has witnessed the rollback of parole and he says. But “the DOC does not sanction and he never heard the announcement for the end of programs that once allowed prisoners helping other prisoners. There Count Time.” prisoners to work outside prison gates and is one outlet, and that is prisoners can Another convicted murderer, 73- further themselves on the inside. volunteer to take those who can go out- year-old Billy Barnoski, wrote me in April This past May, I visited Haas at side out for programs and fresh air, even November 2012 24 Prison Legal News those in wheelchairs. That is good, but it has aggregated the state-to-state data, but do it outside the prison,” he says. “Sixteen is all there is.” it appears that the number of prisoners billion a year. Think about that number. The DOC confirms that it has neither released under these programs totals no It has to wake up some people.” prison hospices nor immediate plans to more than a few hundred. “States just can’t support the burden build any. By 2020, according to the state’s Jack Donson, who spent 23 years as anymore,” agrees former state warden DOC Master Plan, Massachusetts will need a case manager for the federal Bureau of Carl ToersBijns. “The only solution will three “new specialized facilities” to house Prisons, points to the shortcomings of the be to release them or to ignore them.” If an estimated 1,270 prisoners with medical Elderly Offender Pilot Program, part of we choose the latter, he cautions, prison or mental health issues that would preclude 2008 federal legislation called the Second death rates will skyrocket. them being housed in “regular” prisons. Chance Act. The law made the criteria for Of course, ignoring elderly prisoners “We don’t have a position on compassion- early release so strict, and the paperwork after release could be just as devastat- ate, geriatric, or any other type of release,” so extensive, Donson says, that it applied ing. The ACLU’s Fathi emphasizes that a DOC spokeswoman told me via email. to only a few dozen prisoners nationally. institutionalized old folks will require “That’s up to the Legislature.” And while “I actually referred the first offender in plenty of help transitioning back into Massachusetts legislators have introduced the country” to the program, he notes on the community and getting the services a bill “establishing criteria for the compas- his website. “The bureaucrats deemed this they need. “For many elderly prisoners,” sionate release of terminally ill inmates,” it offender dangerous to the community” he says, “particularly those with serious has yet to make it past the “study” stage. because of a record of violence 30 years medical needs, simply pushing them out By 2010, according to the Vera Insti- earlier, “yet he had been incarcerated in the prison door will be tantamount to a tute, 15 states and DC had approved some a camp setting (without a fence), was a death sentence.” form of “geriatric release,” while others model inmate with an outstanding work had medical- or compassionate-release ethic who even participated in unescorted James Ridgeway is a senior correspondent programs that could potentially apply to medical furloughs in the community.” for Mother Jones magazine. This article frail, aging prisoners. But “the jurisdic- Little has changed in the interim. But was originally published by Mother Jones tions are rarely using these provisions,” its Hood believes America is approaching on September 25, 2012 with support from report notes, thanks to fearful politicians, a politically expedient moment. “You a MetLife Foundation Journalists in Ag- a less-than-sympathetic public, narrow spend $68,000 to watch an inmate who is ing Fellowship, a collaboration of New eligibility criteria, and red tape that dis- truly hospital-bound? I think most people America Media and the Gerontological courages prisoners from applying and can would get that. They would understand Society of America. It is reprinted with draw out the process indefinitely. Nobody that if there’s another way to do it – let’s permission.

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Post Office Box 436 Proud member of the Better Business Bureau of Central Florida & the Southeast Volusia Chamber of Commerce. BBB *Our website traffic can be independently verified at www.quantcast.com/writeaprisoner.com ACCREDITED Agoura Hills, CA 91376 BUSINESS Prison Legal News 25 November 2012 Private Prison Companies Use Political Influence to Increase Incarceration by Matt Clarke June 2011 report by the Justice continued demand for their services prison firm with annual revenue of $400 APolicy Institute (JPI) reveals how by influencing policymakers and gov- million. [See: PLN, Feb. 2012, p.12]. This for-profit private prison companies use ernment agencies. Thus, the influence acquisition placed more than 75% of all political campaign donations, lobbyists exerted by private prison companies is private prison beds in the U.S. under the and relationships with government offi- not only to secure contracts to incarcer- control of just two companies: CCA and cials to increase their profits by promoting ate state and federal offenders, but also GEO Group. policies that result in more people being to increase the overall number of pris- More prisoners equates to more incarcerated. oners – thereby creating more demand profit for private prison companies, Even in tight budgetary times when for private prisons. To this end, private and their greatest success has been in many policymakers want to safely reduce prison companies have been accused of the federal system where the number prison populations in order to cut costs, supporting and even sponsoring leg- of prisoners held in privately-operated private prison companies seek to preserve islation such as “three-strikes,” “truth facilities has grown at an average annual the status quo in terms of punitive crimi- in sentencing” and harsh immigration rate of 10% between 2000 and 2009 – nal justice policies and high incarceration enforcement laws, which drive up incar- mainly due to increased immigration rates. Since private prison companies ceration rates. detention. Texas, Florida, Oklahoma receive their revenue almost exclusively and Mississippi had the highest number from the government, taxpayers are indi- An Industry is Formed of prisoners housed in in-state private rectly funding an industry that opposes From their beginnings in the early facilities. California has around 9,500 criminal justice reforms that would benefit 1980s, both CCA and GEO were polit- prisoners in out-of-state CCA prisons the public. ically-connected. CCA co-founder Tom but plans to return them by 2016. [See: As of December 31, 2010 there were Beasley was a former chairman of the PLN, July 2012, p.28]. about 128,195 state and - Tennessee Republican Party and had ers being held in private prisons in the served on a committee that selected Campaign Contributions U.S., comprising 9.1% of the federal and the head of Tennessee’s prison system. Through their Political Action Com- 3.2% of the state prison populations. Together with Doctor Crants and Don mittees (PACs) and contributions by their This represented an increase in the use Hutto, the then-president of the Ameri- executives and employees, private prison of private prisons since 2000 of approxi- can Correctional Association, Beasley companies have given over $6 million to mately 120% for the federal government jump-started the modern private prison state politicians and more than $835,000 and 33% for the states. During that same industry with a bold attempt to have CCA to federal lawmakers since 2000, accord- time period, the overall U.S. state and take over Tennessee’s entire state prison ing to the JPI report. federal prison populations increased by system in 1983. Although that effort and State-level political giving was con- less than 16%. a similar attempt in 1997-98 were unsuc- centrated in California, Georgia and According to the JPI report, correc- cessful, CCA went on to build an extensive Florida – the latter where GEO Group is tions spending increased 72% between network of private prisons. headquartered. The purpose of such con- 1997 and 2007, with total corrections By 2010, CCA managed 66 facilities tributions is to gain access to lawmakers spending in 2007 estimated at $72 billion. – owning 45 of them – and had contracts who are agreeable to passing legislation In 2010 the two largest private prison with 19 states and the District of Colum- favorable to the private prison industry, companies, Corrections Corporation of bia, with annual gross revenue of $1.67 and to purchase political influence. America (CCA) and GEO Group, had billion that was divided almost evenly With their campaign contributions, combined gross revenue of almost $3 between state and federal contracts. On private prison companies pursue a strat- billion. The report uses CCA and GEO the federal level, private prison companies egy of not seeking out candidates who as representative examples for the private contract with Immigration and Customs are necessarily ideologically agreeable to prison industry as a whole. Enforcement (ICE), the Bureau of Prisons prison privatization, but rather political Private prisons are big business. And and the U.S. Marshals Service. winners. They tend to make a small dona- like other big businesses, private prison Founded as Wackenhut Corrections tion early in the campaign, then a larger companies work hard to create a market Corporation in 1984, GEO Group now one once the probable winner is clear. for their services. Where such companies operates 118 prisons and residential Thus, 75% of political contributions from differ from other types of business is in treatment facilities with approximately private prison companies go to winning the fact that they are dependent on the 80,600 beds in the U.S., U.K., Australia candidates. government to purchase their services, as and South Africa. Around 66% of GEO’s About half of the private prison com- there is no private market for incarcera- $1.27 billion in gross revenue in 2010 panies’ state-level political giving was to tion. [See: PLN, Oct. 2011, p.1]. came from its U.S. operations, about party committees and 16% went to ballot Since governments are their only equally divided between state and fed- measures, while most of the remainder customers, private prison companies eral contracts. On August 12, 2010, GEO was directed at legislative or gubernato- spend a portion of their profits to ensure acquired Cornell Companies, a private rial candidates. November 2012 26 Prison Legal News spent $36,666 on lobbying during a year the Federal Detention Trustee when she Lobbying with no legislative session. founded a private consulting firm, Hylton Another strategy used by private pris- There is no doubt that lobbying pays Kirk & Associates, in 2010. She retired on companies to influence policymakers off for private prison companies. For from her federal position and promptly involves lobbying. Campaign contribu- example, a strong GEO lobbying effort accepted a $112,500 consulting contract tions are subject to statutory limits and in Florida led to a provision in the 2011 from GEO Group, which holds numer- require coordination by private prison state budget requiring the privatization of ous federal detention contracts. President company-funded PACs. Lobbying has all prisons in South Florida, where GEO Obama then appointed Hylton to serve as no such limitations. And while donations Group happens to be headquartered. In head of the U.S. Marshals Service – the are subject to public disclosure laws, the February 2012, after a concerted cam- federal agency that accounted for 19% information available on lobbying is more paign by private prison opponents, the of GEO’s 2010 revenue. [See: PLN, Feb. limited, with lobbyists not even being state Senate narrowly rejected a bill that 2011, p.16]. required to report whether they are sup- would have privatized the South Florida In Maine, Governor Paul LePage ap- porting or opposing a bill when they buy prisons. [See: PLN, April 2012, p.38; Feb. pointed former CCA warden Joe Ponte as a politician lunch or a round of golf at a 2012, p.1]. Commissioner of the state’s Department local country club. of Corrections in 2011 after receiving a The private prison industry spends Relationships and Associations $25,000 contribution from CCA. Maine more than a million dollars a year on A third strategy that private pris- has no private prisons but CCA has been lobbying federal policymakers. CCA on companies employ to influence negotiating with the City of Milo for the alone spent over $900,000 annually on policymakers involves prior relation- past three years to build and operate a federal lobbyists between 2003 and 2010, ships, associations and networks. One $150 million facility. on average. way to achieve this strategy is to stack Joe Williams, the former Secretary of State-level lobbying is harder to track, government agencies with former private Corrections for New Mexico, was a GEO with much lobbying taking place behind prison employees and supporters. Private Group warden before his appointment closed doors and reporting requirements prison companies also hire former gov- and returned to work for GEO after he left varying among the states. CCA and GEO ernment officials and policymakers who office. During his tenure he was criticized Group employ over 30 lobbyists in Florida have inside connections, known as the for failing to levy fines against CCA and alone to advocate for prison privatization. “revolving door” between the public and GEO due to contract violations, mainly Even in Montana, with only 1.5% of its private sectors. related to understaffing. [See: PLN, prison population in private prisons, CCA For example, Stacia A. Hylton was March 2011, p.42].

Prison Legal News 27 November 2012 Criminal Justice Task Force (later called and guards at private prisons. Private Private Prison Politics (cont.) the Public Safety and Elections Task prison companies pay their staff less than Force) when such model legislation was in the public sector in order to cut costs In Ohio, Gary C. Mohr, director of being developed. [See: PLN, Jan. 2012, and generate profit. Private prison em- the Ohio Department of Rehabilitation p.20; Nov. 2010, p.1]. ployees also receive less training and fewer and Correction, worked as a managing Organizations such as ALEC allow benefits, and have higher turnover rates. director for CCA before he was appointed private prison companies to spend large Underpaid and less experienced private to head the state’s prison system in 2011. sums of money to influence lawmakers prison guards contribute to institutional That same year, Ohio became the first with virtually no public oversight. CCA instability, which leads to higher levels of state to sell a prison to a private company, has denied that it lobbies for harsher sen- violence in private prisons. [See, e.g.: PLN, when CCA purchased the Lake Erie Cor- tencing laws or an increased reliance on Dec. 2011, p.18]. rectional Institution. [See: PLN, May incarceration, but has failed to adequately 2012, p.42]. explain why it was a member of ALEC for Summary As yet another example of the re- over a decade. The JPI report describes how the volving door between the public sector entire concept of prison privatization is and the private prison industry, on June Who Loses? a bad idea from a public policy perspec- 1, 2011, CCA hired former Bureau of So what is so bad about private prison tive. Not only do prisoners and staff in Prisons director Harley G. Lappin as the companies influencing policymakers and private prisons suffer due to the need for company’s chief corrections officer. Lap- the government agencies with which they private prison companies to make money, pin had resigned from the BOP shortly contract? In short, it causes public officials the for-profit prison industry results in a after he was arrested on a DUI charge in to focus on incarceration as a solution to corrupting influence on policymakers and Maryland. [See: PLN, July 2011, p.20]. crime – which, although profitable for government agencies. Former BOP director J. Michael Quinlan private prison companies, may be more One of the most egregious cases of also works for CCA. expensive for taxpayers and less effective such corruption occurred in Luzerne A more subtle approach for influenc- than other approaches. Just as if defense County, Pennsylvania, where two judges ing policymakers involves professional contractors were to control foreign policy, sentenced thousands of juvenile offend- associations. The American Legislative all diplomacy would be war, should pri- ers to serve time in facilities operated by Exchange Council (ALEC) is a non- vate prison companies control criminal a private prison company in exchange profit organization that brings together justice policy, all prosecutions would for millions of dollars in bribes from the state legislators, business professionals result in lengthy imprisonment. company. [See: PLN, May 2012, p.28; and private companies. Lawmakers Since incarceration is ineffective Nov. 2011, p.14; June 2010, p.26; Nov. pay $50 a year in membership dues but at curtailing future criminal behavior, 2009, p.42; May 2009, p.20]. corporations pay tens of thousands of as evidenced by high recidivism rates, Although the media and government dollars each, for a total of $6 million in wise public policy would explore other officials expressed outrage at this blatant annual corporate dues. That money buys avenues of preventing criminality – such corruption of the criminal justice system them access to legislators at elaborate as education, mental health treatment, by the private prison industry, few have “conferences,” as well as positions on substance abuse programs and commu- said anything about the influence that issue-specific ALEC task forces. Both nity-based corrections. Additionally, private prison companies exert through CCA and GEO Group have participated keeping people in prison is expensive, their political donations, lobbyists, and in ALEC in the past but are reportedly averaging $78.88 per prisoner per day. relationships and associations described no longer members. Thus, increasing incarceration rates can in the JPI report. The JPI report noted that one of force governments to cut spending in This report was one of several studies ALEC’s main functions is to develop other important areas, such as public on the private prison industry released in model legislation that lawmakers can education, in order to pay for prison 2011. Other reports, some of which also introduce in their home state. ALEC aver- budgets. Less public education leads to addressed the political influence of pri- ages 1,000 pieces of model legislation each more crime and more incarceration, and vate prison companies, were released by year, and about 20% of the bills based on a vicious cycle is created. the ACLU of Ohio, Ohio Policy Matters, model ALEC legislation are eventually Studies have shown there are few or AFSCME, Detention Watch Network, passed into law. no cost savings over the long-term for the ACLU National Prison Project, the ALEC has previously drafted model private prisons compared to publicly-run National Council on Crime and Delin- bills for mandatory minimum sentences, prisons. By cherry-picking the healthiest quency, and the PICO National Network “truth in sentencing” (requiring prison- and easiest to manage offenders, private and Public Campaign. [See, e.g.: PLN, ers to serve most or all of their sentences prisons may actually increase the average Dec. 2011, p.22]. without an opportunity for parole) and cost of operating public prisons, which The JPI report is available at www. three-strikes laws, all of which drive up must house prisoners who are more ex- justicepolicy.org or on PLN’s website. incarceration rates. ALEC is also behind pensive to incarcerate – such as maximum some immigration enforcement laws, in- security prisoners and those with serious Sources: “Gaming the System: How the cluding Arizona’s controversial SB 1070, medical and mental health needs. Thus, Political Strategies of Private Prison Com- which are widely expected to increase the government and taxpayers are losers panies Promote Ineffective Incarceration the number of immigrants placed in in the private prison game. Policies,” Justice Policy Institute (June detention. CCA participated in ALEC’s Other losers are both the prisoners 2011); http://bjs.ojp.usdoj.gov November 2012 28 Prison Legal News California Prison Psychologist Faked Her Own Rape Pretrial & Post-Conviction Research Center, Joe Allan Bounds, Office Manager nhappy with where she lived, Laurie a burglary and rape.” He added, “She 204 Jackson Street, Monroe, Louisiana 71201. UAnn Martinez, 36, a psychologist went to great lengths to make this appear employed with the California Depart- real.” Phone (318) 737-8944. ment of Corrections and Rehabilitation Indeed, Martinez reportedly split her FREE monthly email, Post-Conviction (CDCR), decided to convince her hus- own lip with a pin, scraped her knuckles Newsletter. Email for a subscription at band that they needed to move to a safer with sandpaper, ripped open her blouse, [email protected] neighborhood. wet her panties and had Snyder punch Rather than simply having a conversa- her in the face with boxing gloves. Then, The Center is dedicated to assisting State and tion with her spouse about her desire to when police responded to Martinez’s 911 Federal prisoners challenging the constitutionality relocate, Martinez, who was employed as call, she cried hysterically and told them a supervising senior psychologist at the she had arrived home to find a stranger in of their conviction and sentence. Customized brief- California State Prison in Sacramento, con- the kitchen. When she tried to run away, ing for State & Federal Habeas Corpus petitions. spired with a friend, Nicole April Snyder, 33, she said, the suspect grabbed her and hit 28 U.S.C. §§2241, 2254 & 2255 Petitions, Memo- to create the appearance that she had been her in the face, knocking her unconscious; randum Briefs, Appellate Briefs, and Petitions for beaten, robbed and raped by a stranger. 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On January 26, In reality, the “missing” items, including memorandum briefs, habeas corpus petitions, ap- 2012, she pleaded no contest and was two laptops, a camera, a gaming console peals, sample form letters, motions, with habeas sentenced to five years of probation and and credit cards, were at Snyder’s house. statutes and rules etc. $54.95, plus $5.15 S&H by 180 days on electronic monitoring, plus Snyder cooperated with investigators, $4,000 in restitution to cover the cost of pleaded no contest to a misdemeanor charge Joe Bounds.. Book Size: 8.5” x 11”, 444 pages. the police investigation. She also lost her and was sentenced to three years of proba- www.postconvictionhandbook.co husband, who filed for divorce a month tion plus community service and $4,000 after the false rape report, and was fired restitution to the police department. The Post-Conviction Citebook: A quick reference from the CDCR. Additionally, her medi- “Law enforcement is not a toy to book covering over 740 ineffective assistance cal license was suspended. be casually utilized by people to further of counsel and other constitutional claims with Martinez’s fake rape plot unraveled their own personal agenda,” said Deputy favorable case law on almost any subject in the after one of her prison co-workers told the District Attorney Chris Carlson. police that Martinez had talked at work field of post-conviction remedies. A 16-page about staging a crime to persuade her hus- Sources: Associated Press, www.huffing- table of contents designed to assist the user in band to move. By then, police detectives tonpost.com, http://sacramento.cbslocal. finding favorable case law by topic and in chrono- and crime scene investigators had spent com, www.sacbee.com logical order as a criminal proceeding may unfold hundreds of hours on the case. In an understatement, Sgt. Andrew $54.95, plus $5.15 S&H. 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Prison Legal News 29 November 2012 $60,411 Attorney Fee Award in Maryland Prisoner’s Public Information Act Suit he State of Maryland has agreed to The parties agreed to withdraw their Justice Center, which was lead counsel, re- Tpay more than $60,000 in attorney appeals in the case with resolution of the ceived $44,388 while the Maryland ACLU fees to settle a longstanding lawsuit attorney fee award, which the Maryland received $16,023. See: Massey v. Galley, brought by a prisoner who had requested Board of Public Works approved on De- Circuit Court for Allegany County (MD), public records pursuant to the state’s cember 21, 2011 – almost a decade after Case No. 01C02020975. Public Information Act. the suit was filed. “The state wanted to While incarcerated at the Western avoid paying the attorney’s fees and it just Sources: Cumberland Times-News, www. Correctional Institution (WCI) in May really dragged out,” said Jeon. The Public publicjustice.org 2002, Richard L. Massey, Jr. filed requests for four different types of information with then-Warden Jon P. Galley. The Hawaii AG Study Confirms Ineffectiveness requests were made under Maryland’s Public Information Act, § 10-623 of the of Mainland Private Prisons State Government Article. by Joe Watson Concerned that WCI’s practices may be exposing prisoners to hepatitis cademic researchers in Hawaii believe almost sevenfold.” Approximately 1,870 C, Massey asked for records related to Athat exiling offenders to private pris- prisoners from Hawaii are incarcerated the facility’s contract with Prison Health ons thousands of miles away on the U.S. at CCA’s Saguaro Correctional Center Services. He also requested information mainland is misguided. And the Hawaii and Red Rock Correctional Center, both concerning testing, treatment and educa- Attorney General’s office (AG) – the in Eloy, Arizona, and about 160 female tion programs for prisoners with hepatitis state’s Big Kahuna of law enforcement – prisoners were held at CCA’s Otter Creek C. Finally, he made several requests related actually agrees. Correctional Center in Kentucky before to photocopy costs charged to prisoners A federally-funded report released last they were returned to Hawaii following a and costs. year by the AG recommends that Hawaii sex scandal involving CCA employees. [See: Massey filed suit in circuit court lawmakers should think twice about relying PLN, Sept. 2011, p.16; Oct. 2009, p.40]. in July 2002 after Warden Galley and on privately-operated mainland prisons, For the past several years, the report the Department of Public Safety and namely Corrections Corporation of Ameri- contends, Hawaii has led “all other states in Correctional Services failed to answer ca (CCA) facilities, where about 54% of the holding the highest percentage of its prison his requests in a timely manner. Over state’s 3,700 prisoners are incarcerated. population in out-of-state” facilities. the course of almost ten years, the case According to researchers at the The study’s project director, Paul Per- bounced between the circuit court and ap- University of Hawaii at Manoa, in rone, chief of research and statistics for the pellate courts. Prison officials argued that collaboration with the AG’s office, re- Hawaii AG’s office, oversaw UH-Manoa under the state’s Prisoner Litigation Act, habilitation is too often viewed “mainly researchers who examined Hawaii Parol- Massey needed to pursue administrative through the prism of cost,” also referred ing Authority files and coded each parolee grievances before filing suit. to as “humonetarianism.” And that’s a based on demographics, criminal and sen- However, on May 11, 2006, the Court mistake, they contend. tencing history, and disciplinary record of Appeals, Maryland’s highest court, “[The] focus on short-term financial while incarcerated. After analyzing data for held “that the exhaustion of administra- costs often deflects attention away from 660 former prisoners, 168 of whom served tive remedies provision of the Prisoner deeper problems that plague the correction- time on the mainland, researchers found no Litigation Act has no application to, and al system, such as inconsistent sentencing evidence that private prisons save the state thus does not preclude, the statutory cause policies, the provision of decent medical money or result in lower recidivism rates, in of action under the Public Information care, the protection of inmates from sexual comparison with state-run facilities. Act,” and remanded the case. See: Massey assault ... and the over-representation of ra- In terms of recidivism, the report v. Galley, 392 Md. 634, 898 A.2d 951 (Md. cial minorities and the poor at all stages of found that “The recidivism rate for the 2006) [PLN, April 2007, p.33]. the criminal justice system,” the researchers mainland cohort (53 percent) was slightly Thus, prisoners do not need to go wrote. “In Hawaii and elsewhere, problems lower than the recidivism rate for the through an “elaborate” administrative such as these suggest the short-sightedness” Hawaii cohort (56 percent), but this differ- grievance process and may file a lawsuit of cost-based corrections, including the use ence is not statistically significant.” when denied public records they request of private prisons. Researchers noted that “Since there under the Public Information Act, said Sociologists at UH-Manoa began is no empirical justification for the policy Deborah Jeon of the Maryland ACLU, studying Hawaii’s imprisonment policies argument that private prisons reduce recidi- one of the attorneys who represented in 2006, about 10 years after the state vism better than public prisons, the State of Massey. “It was necessary to litigate this initially sent 300 prisoners to two private Hawaii should decide whether to continue, case,” she added. facilities in Texas. discontinue, expand, or contract its reliance Meanwhile, Massey, who has since “Since then,” according to the report, on private prisons based on other criteria. been released, received the records that “the number of persons incarcerated in While cost is one criterion, it is not the only he originally requested. out-of-state private prisons has increased one that is important to consider.” November 2012 30 Prison Legal News Hawaii pays CCA about $62 per day “States and their leaders have a respon- to incarcerate its prisoners in Arizona, as sibility to care not only about crime control Do you have diabetes? opposed to $118 per day to hold them in and the costs of incarceration but also about Is your diabetes under control? Hawaii facilities. But “the costs of private the present welfare and future well-being Living with diabetes in prison is very difficult. imprisonment are more than merely finan- of criminal offenders and the communities Order your FREE copy of Prisoner Diabetes cial, because relying on mainland private from which they come,” the researchers Handbook: A Guide to Managing Diabetes — prisons severs a [prisoner’s] family ties, noted. “The pressures to be penny-wise and for Prisoners, by Prisoners. undermines rehabilitation, and decreases pound-foolish are especially strong in this Order your FREE copy and start managing the odds of successful employment after time of financial crisis, and that is another your diabetes and your health. release,” according to the report. reason why they must be resisted.” “The present estimate of the cost of Prior to the release of the AG study, ORDER FORM private imprisonment,” the researchers the State Auditor of Hawaii had strongly Fill out the information below, and send this order form to: added, “is far from all-inclusive, for it does criticized the state’s private prison con- Prison Legal News not include several hidden costs, including tracts in a December 2010 report. [See: PO Box 2420 transportation to and from the mainland, ... PLN, Aug. 2011, p.38]. However, despite West Brattleboro, VT 05303 lower levels of staffing and service in private such criticism, and Governor Neil Ab- prisons that may be preoccupied with the ercrombie’s expressed desire to return Name ‘bottom line,’ increased expenditures on Hawaii prisoners from mainland facilities, inmates’ phone conversations and in-person the state has insufficient prison bed space ID number visits with family and friends, ... and losses on the islands. Lacking the political will Facility in federal funding that come because the or courage to enact sentencing reform,

U.S. census counts persons according to the Hawaii continues sending its prisoners to Address states in which they are incarcerated.” private prisons on the mainland. And citing a federal study that indi- cated private prisons were susceptible to Source: “Hawaii’s Imprisonment Policy higher rates of staff turnover, escapes and and the Performance of Parolees Who City State Zip drug use by prisoners, the report further Were Incarcerated In-State and on the weakened the appeal of sending more Mainland,” State of Hawaii Attorney Hawaii prisoners to mainland facilities General (Jan. 2011), available at www. in the future. hawaii.gov/ag/cpja Handbook made possible by the Southern Poverty Law Center

Prison Legal News 31 November 2012 Florida Jail Abandons Postcard-Only Mail Policy, Pays Prisoners’ Attorney Fees n February 2012, a Florida U.S. District to remember that free speech rights work A number of other jail postcard-only ICourt approved a consent decree that both ways – the government can’t restrict mail policies have been successfully chal- settled a civil rights action challenging a your right to speak to others or restrict lenged in other jurisdictions, including by postcard-only mail policy at the Santa Rosa the way you receive information.” See: Prison Legal News. [See, e.g., PLN, Jan. County Jail (SRCJ). As a result of the set- Hamilton v. Hall, U.S.D.C. (N.D. Fla.), 2012, p.30; Nov. 2011, p.20; Oct. 2011, tlement, prisoners are no longer restricted Case No. 3:10-cv-00355-MCR-EMT. p.33]. to postcards and can send and receive an unlimited number of regular letters. Fur- ther, the county has to pay attorney fees Prisoner’s Coma-Inducing Latex Allergy and costs to the prisoners’ counsel. The ACLU of Florida and the Flori- Triggers Lawsuit, Burning Questions da Justice Institute (FJI) filed the lawsuit by Alan Prendergast in September 2010 on behalf of prisoners at the jail, alleging that the SRCJ’s policy prisoner’s lawsuit against the Colo- taken away from him, and his attorney of restricting prisoners’ ability to com- Arado Department of Corrections, suspects that some staffers went out of municate with their families and friends claiming a latex allergy so severe that he’s their way to harass Abeyta because he’s by limiting their mail to short, publically suffered burns and respiratory problems a sex offender – and thus on the bottom viewable messages on postcards was a when touched by glove-wearing guards, rung of the prison’s social order. violation of their First Amendment right appeared to have been resolved in August “It seems like every time the staff got to free speech. The mail policy, the ACLU 2012 when DOC officials testified that used to him and his latex problem, he’d get and FJI argued, was the paper equivalent they no longer use latex in their facilities. transferred again,” says Boulder attorney of requiring prisoners to communicate by But Albert Abeyta says he’s still getting Alison Ruttenberg. “It was like they were “tweet” (i.e., very short messages). burned by his unsympathetic handlers, trying to avoid coming up with a policy “Under a postcard-only policy, and the strange case seems to be headed for dealing with him.” Martin Luther King could not have sent back to federal court. In August, U.S. District Court Judge his famous letter from the Birmingham Abeyta, 44, a sex offender serving a Philip Brimmer concluded that Abeyta Jail in 1963,” noted Benjamin Stevenson, sentence of seven years to life, claims to have had presented sufficient evidence to show staff attorney for the ACLU of Florida. experienced some “itchiness” from exposure that he does have an extreme sensitivity to “It’s not just about a specific inmate being to latex for some time. His sensitivity devel- latex. But Brimmer declined to issue an unable to communicate – everyone suffers oped into an extreme case three years ago, injunction prohibiting the use of latex on when people can’t share ideas.” when he was working as a kosher prep cook Abeyta because “the probability of Mr. The postcard-only policy also cre- at the Colorado Territorial Correctional Abeyta being exposed to latex gloves in ated an obstacle to helping prisoners Facility. According to court records, he be- the future is increasingly unlikely.” The reintegrate back into society by prevent- gan to feel a burning sensation in his wrists, DOC has recently made a “system-wide ing them from maintaining close ties with had difficulty breathing and was diagnosed change” and uses vinyl gloves instead of their families and friends on the outside. at the prison infirmary as having “an acute latex in its prisons, according to testimony “Simply because someone is in jail doesn’t reaction to latex gloves.” by Travis Trani, warden of the Centennial mean they cease to be part of their family,” That exposure led to treatment at Correctional Facility. said FJI Executive Director Randall C. a Pueblo hospital and eventually in the Abeyta and Ruttenberg say that Berg, Jr. “Yet, this postcard-only policy burn unit of the University of Colorado isn’t true. Shortly after Brimmer’s ruling, forced them to choose between writing Hospital, where he received morphine Abeyta was transported from Denver everything in a very public and abbrevi- and lapsed into a coma. After he got back to the Fremont prison outside Can- ated form or writing nothing at all.” well, Abeyta testified, a nurse practitio- on City – and was patted down by a DOC The settlement was approved on ner at the prison provided him with a officer wearing latex gloves, he claims. “I February 13, 2012 after the district court document stating that he was not to be sustained numerous burns on the back of had previously denied the county’s mo- exposed to latex — but a correctional my neck and upper back,” he stated in a tion to dismiss the case. In addition to officer ripped the note from his cell door sworn affidavit, adding that another trans- abandoning its postcard-only policy, the and destroyed it. port officer told him that staff continues SRCJ agreed to provide writing materials Since 2009, Abeyta has spent time to wear latex “to protect themselves from to indigent prisoners and pay $135,000 in five different prisons, enduring several diseases from the inmates.” in fees and costs to the ACLU and FJI encounters with latex-wearing officers Ruttenberg has filed a motion request- attorneys. doing pat-downs or escorting him. Some ing a hearing and reopening of the case. “Today’s ruling should be a clear sign DOC officials have expressed skepticism “They convinced the judge they weren’t that limiting or restricting the speech of of his claims of a severe allergy and ac- using latex any more, and that was clearly people in jail ... is illegal, will be chal- cused him of using an inhaler to make a misrepresentation,” she says. lenged, and the costs can be significant,” odd marks on his skin. But the marks and But DOC officials deny Abeyta’s said Stevenson. “It’s equally important burns persisted even after his inhaler was version of events. “The department does November 2012 32 Prison Legal News not use latex gloves during transports and she adds, is that attorneys are discouraged searches,” insists spokeswoman Katherine from taking on prisoner lawsuits out of

Sanguinetti. “We are disputing the allega- fear that they won’t be able to recover tions that Mr. Abeyta has made and are their costs. filing a response to the court as such.” Judge Brimmer has ordered the De- Ruttenberg suggests that the larger partment of Corrections to file a formal issue raised by a case like Abeyta’s is that response to Abeyta’s motion seeking to the DOC rarely makes an effort to address reopen the case. [See: Abeyta v. Clements, Save on Prescription Save on Prescription Save on Prescription prisoner complaints of abuse until ham- U.S.D.C. (D. Col.), Case No. 1:10-cv- Eyeglasses & Shades Eyeglasses & Shades Eyeglasses & Shades mered by a civil-rights lawsuit — and she’s 01864-PAB-KLM]. detected a pattern in which the depart- Send for a FREE Catalog Send for a FREE Catalog Send for a FREE Catalog ment abruptly changes policy practically This article was originally published by Money Back Guarantee Money Back Guarantee Money Back Guarantee on the eve of trial, so that federal judges Westword on Sept. 19, 2012, and is re- can declare the matter moot and decline printed with permission. Prism Optical, Inc. Prism Optical, Inc. Prism Optical, Inc. to award attorney fees to plaintiffs. She 10954 NW 7th Ave 10954 NW 7th Ave 10954 NW 7th Ave cites a similar case she pursued, involving Dept: LN0812LN1112 Dept: LN0812 Dept: LN0812 a mother being denied access to visit her Miami, FL 33168 Miami, FL 33168 Miami, FL 33168 son, in which the prisoner’s claim that his rights were violated was dismissed by a Inquiries from Friends Inquiries from Friends Inquiries from Friends federal judge because the visitation policy had changed. and Family Welcome and Family Welcome and Family Welcome “They changed the policy – magically, 1-800-637-4104 1-800-637-4104 1-800-637-4104 by coincidence,” Ruttenberg says. “I was www.prismoptical.com www.prismoptical.com www.prismoptical.com unable to claim attorneys’ fees. They said [email protected] [email protected] [email protected] it had nothing to do with the lawsuit, but I don’t believe it would have happened if I hadn’t filed the lawsuit. It’s a great result for the family involved, but I can’t afford to do this for free.” Since 1959 Since 1959 Since 1959 The end result of the policy reversals,

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Please provide Inquiriescomplete namefrom andFriends Inquiries from Friends Inquiries from Friends address of where to send your funds. Also include any required forms or special instructions.and Family Welcome and Family Welcome and Family Welcome 1-800-637-4104 1-800-637-4104 1-800-637-4104 .JOJNVNNPOFZPSEFSPGr/PRVBOUJUZPGTUBNQTUPPCJHr/PUBQFEPSTUBQMFETUBNQTr6TFE EBNBHFE UPSOwww.prismoptical.com www.prismoptical.com www.prismoptical.com TUBNQTOPUBDDFQUFEBOEDBOOPUCFSFUVSOFEr4UBNQTCFPOPSJHJOBMQPTUBMCBDLJOHr0OMZOFXTUBNQTBDDFQUFE r/PTJOHMFTPSQBSUJBMTXJMMCFBDDFQUFEBOEUIFZDBOOPUCFSFUVSOFE[email protected] [email protected] [email protected] GREAT GOODS PO Box 399, West Chester eld NH 03466 www.greatgoods.org Since ©1959 .   . Since 1959 Since 1959 Prison Legal News 33 November 2012 California Settles Suit with Prison Guards’ Union for $3.5 Million, Interest-Free voiding the uncertainty of litigation, – defended the settlement. Yank noted on [the state] might end up with nothing.” Ain January 2012 the State of Califor- the one hand that “the state’s bookkeeping Another potential reason for set- nia settled a lawsuit it had initiated two problems are credible,” and on the other tling the lawsuit was that the state had years earlier against the prison guards’ that “litigation is never a slam dunk.” already spent $277,393 on outside at- union, the California Correctional Peace Aside from the fact that a court fight torneys to litigate the case, and absent Officers Association (CCPOA). would be risky, state officials were aware a quick resolution the legal costs would According to the suit, the CCPOA that the CCPOA had lost a $5 million have continued to grow. As part of the owed the state at least $4.5 million for federal defamation case in 2010, Dawe settlement, the CCPOA agreed to drop wages and benefits paid to CCPOA lead- v. CUSA. As a result of that loss, the its pending appeal in the case. See: State ers from July 2005 to May 2011 when they CCPOA had been forced to put up most of California v. CCPOA, Sacramento were absent from their jobs while tend- of its assets as collateral to cover the County Superior Court (CA), Case No. ing to union business. The state alleged cost of the judgment while it pursues an 34-2010-00075552. causes of action that included breach of appeal. express contract, breach of implied-in- “That was a reason to take the money Sources: Sacramento Bee, www.ccpoa. fact contract, breach of the covenant of and run,” Yank said. “If CCPOA loses Dawe org good faith and fair dealing, and unjust enrichment. The CCPOA disputed the amount State Auditor Finds Flaws in Texas of the debt, arguing that the Depart- ment of Mental Health and Department Criminal Justice Information System of Corrections and Rehabilitation were by Matt Clarke significantly overestimating the amount owed for “union paid-leave.” n September 2011, the Texas State Au- CCHS. That was a slight improvement State officials eventually agreed to Iditor released a report on the Criminal over the 71% submission rate from a previ- a deal in which the CCPOA will repay Justice Information System (CJIS) used ous audit conducted in 2006. $3.5 million – one million less than what by the Texas Department of Public Safety The audit also discovered many in- the state claimed it was owed but around (DPS) and Texas Department of Criminal complete records in the CCHS, including $500,000 more than what the CCPOA Justice (TDCJ). The audit, which covered 65,424 prosecutor or court records with said it should have to pay – over a 9-year the period from September 2009 through no matching arrest record. DPS cannot period ending in 2021, with no interest November 2010, found inaccuracies and control the agencies it depends on for unless the union defaults on a payment. incomplete records in the CJIS as well as data, thus there is no penalty for failing In effect, the CCPOA received an interest- the potential for unauthorized changes to submit complete records. Further, the free loan from taxpayers to subsidize to be made. CCHS rejects submissions that lack state union business. The CJIS includes the Computer- identification numbers but may not inform The CCPOA agreed to make an ized Criminal History System (CCHS) the information systems of courts and initial payment to the state of $750,000. maintained by DPS and the Corrections prosecutor offices of the rejection or data The union may make its 2013 and 2014 Tracking System (CTS) maintained by the entry errors. Therefore, despite efforts by First Period Payments of $250,000 either TDCJ. The goal of the CCHS is to provide DPS to improve the CCHS, problems per- in cash or a combination of cash and accurate criminal background checks to sist. Complicating matters is the fact that “a deduction of hours from the Release law enforcement while the CTS tracks once a court or prosecutor office submits Time Bank,” or RTB. CCPOA members people who are under the supervision of information to the CCHS, it can only be donate hours of earned leave credits, the state’s criminal justice system. Both corrected manually via fax. such as vacation time, to the RTB, which systems depend on the input of numerous One suggestion made by the auditors are then available for use by other union persons, many of whom are not employed for improving the completeness of CCHS members. The parties agreed in the settle- by DPS or the TDCJ. records was to link the database with in- ment that the CCPOA had 8,963 hours of The CCHS relies upon the input of formation in the CTS. This would provide RTB worth $492,965 that “can potentially 4,272 separate agencies, including 2,309 the outcomes for all persons placed on be used to satisfy the First Period Pay- law enforcement agencies such as police probation or sent to prison. ments.” departments or sheriff’s offices, 507 dis- The CTS also had a problem with Beginning in 2015, the CCPOA must trict or county attorney offices and 1,456 incomplete data entries. Close to a fifth make annual payments of $350,000 until district or county courts. By statute, the of all prisoner entries and about 7% of the balance of the settlement amount is CCHS is supposed to include information probationer entries had no arrest incident paid in full. related to the prosecution and disposi- number. The TDCJ has no control over Ron Yank, a former CCPOA attorney tion of all felony cases and misdemeanor the local law enforcement and probation who now heads the California Depart- cases that are not punishable solely by a offices that make the data entries, but the ment of Personnel Administration – the fine. However, the audit found that only auditors suggested that the TDCJ adopt agency handling the litigation for the state 73.68% of arrests were entered into the a policy encouraging the collection and November 2012 34 Prison Legal News submission of arrest incident numbers. incarcerated when he or she had been re- ing security events related to suspicious The CTS issues a flash notice when leased. The auditors also discovered errors attempts to access CCHS. individuals with CTS records who are on in the submitting agencies’ identification CTS had several security issues, as probation or parole are rearrested, to in- codes, especially when the person was ar- the TDCJ failed to restrict programmers’ form the probation or parole officer about rested out-of-county. access to production data. Thus, the pro- the arrest. Officials in over 47% of the The TDCJ maintains a log of errors grammers could modify criminal records counties in Texas do not view the pertinent in local probation department entries but and both TDCJ and contractor personnel arrest record within 90 days of receiving a fails to track the errors to ensure they are could make changes to data. The TDCJ flash notice, indicating they are not using corrected. The auditors suggested that the also failed to have an audit trail activated the flash notices. Nearly 42% of the audited TDCJ begin monitoring such errors. for modifications to the database. system users had not accessed their CTS The CCHS had a number of security Overall, the report found improve- accounts within a six-month period. issues, such as 26 staff members who could ments since the last audit was conducted In Bexar County, one of the two modify criminal records, security con- in 2006, but noted a number of persistent county Community Services and Cor- figurations and application functionality problems. Both DPS and the TDCJ agreed rections Departments that the auditors when only one should have such system with the audit findings and stated they visited had no flash notice coordinator access. Plus there were two former DPS would implement recommended changes and did not know about the flash notice employees who retained the ability to to correct identified security lapses. process. The TDCJ was unaware of this modify criminal records. Further, DPS because it does not monitor the frequency inappropriately gave eight programmers Source: “An Audit Report on the Criminal with which flash notice coordinators view administrative access that could let them Justice Information System at the De- pertinent arrest records or the length of modify the CCHS database. partment of Public Safety and the Texas time an account is dormant. The auditors DPS also failed to appropriately man- Department of Criminal Justice,” Texas recommended that the TDCJ begin track- age access to criminal records stored on State Auditor’s Office, Report No. 12-002 ing the use of flash notices. an external website used to conduct back- (September 2011) DPS was about two months behind ground checks. Ten percent of the audited in entering criminal records submitted in website users had no need to conduct such hardcopy format. The auditors recom- background checks yet retained the ability Roget’s Thesaurus mended that DPS speed up the process. to do so. Auditors found no unauthorized Can’t think of the right word? Nearly 60% of CCHS arrest record entries changes had been made in the CCHS data- Let Roget’s help you! Over 11,000 had incorrect disposition codes; the most base; however, they criticized the fact that words listed alphabetically. common error was showing the person as DPS had no formal process for monitor- $8.95 see page 53 for more details

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Prison Legal News 35 November 2012 Seventh Circuit Upholds Injunction Against Wisconsin Transgender Prisoner Treatment Ban he Seventh Circuit Court of Appeals Amendment. The federal courts agreed, that the injunction violates 18 U.S.C. § Taffirmed a district court’s injunction first issuing a preliminary injunction in 3626(a) of the Prison Litigation Reform barring the application of a Wisconsin 2006 [see: PLN, Aug. 2006, p.28], then Act (PLRA). Rejecting the plaintiffs’ law that prohibits certain types of medical finding in another case that the statute was contention that the defendants had waived care for transgender prisoners. unconstitutional both facially and as ap- that argument, the Court of Appeals Several Wisconsin Department of plied. See: Fields v. Smith, 712 F.Supp.2d instead found “the record establishes an Corrections (WDOC) prisoners have been 830 (E.D. Wis. 2010). In the latter case the admission, not a waiver.” The district diagnosed with Gender Identity Disorder court enjoined enforcement of Act 105. court had “asked defendants’ counsel not (GID), a psychiatric condition in which On appeal, the Seventh Circuit noted once, but twice, ‘whether or not the De- an individual identifies “strongly with a that the “Defendants do not challenge fense believed the order ... is as narrow as gender that does not match their physical the district court’s holding that GID is is required’; counsel replied that it was.” sexual characteristics.” a serious medical condition,” and that The Seventh Circuit concluded that GID is a recognized condition in “refusing to provide effective treatment “[e]valuating the record as a whole, the the American Psychiatric Association’s for a serious medical condition serves no district court did not abuse its discretion Diagnostic and Statistical Manual of valid penological purpose and amounts in enjoining the entirety of Act 105.” The Mental Disorders (DSM IV); it is treated to torture.” plaintiffs were represented on appeal by with psychotherapy, hormone therapy “Just as the legislature cannot outlaw the Roger Baldwin Foundation of the and, in severe cases, sexual reassignment all effective cancer treatments” for prison- ACLU of Illinois. See: Fields v. Smith, 653 surgery. ers, the Court of Appeals held that “it F.3d 550 (7th Cir. 2011), cert. denied. The WDOC GID prisoners were cannot outlaw the only effective treatment Previously, in September 2010, Wis- prescribed hormone therapy for their for a serious condition like GID.” The ap- consin prison officials had settled a federal condition. However, in 2005 the Wiscon- pellate court affirmed the district court’s lawsuit filed by another transgender pris- sin legislature enacted the “Inmate Sex finding that Act 105 is facially unconsti- oner, agreeing to provide her with an Change Prevention Act” (Act 105), which tutional because “any application of Act outside medical specialist and prison- prohibited the WDOC from paying for 105 would necessarily violate the Eighth issued bras and female underwear, and “hormonal therapy or sexual reassign- Amendment.” to continue her hormone therapy and pay ment surgery” for prisoners diagnosed The Seventh Circuit also concluded $5,000 in damages, among other provi- with GID. See: 2005 Wis.Act 105, codified the defendants were barred from arguing sions. [See: PLN, May 2011, p.31]. at Wis.Stat. § 302.386(5m)(2010). WDOC prisoners are not allowed to seek outside health care and thus must $20,000 Settlement in Arkansas Jail rely on the prison system for medical Prisoner’s Failure to Protect Suit treatment. However, the “defendants did not produce any evidence that another fficials in Baxter County, Arkansas Rasmussen by using a chemical spray. treatment could be an adequate replace- Oagreed to pay $20,000 to settle a for- Johnson was taken to a local hospital, ment for hormone therapy” for prisoners mer prisoner’s lawsuit that alleged he was which could not fully treat his injuries. The with GID. assaulted by another prisoner as a guard Sheriff’s Office then released him from Following passage of Act 105, the stood by and failed to intervene. custody to avoid responsibility for his medi- WDOC discontinued hormone therapy The suit was filed by Howard John- cal costs, the complaint alleged. Johnson for all GID prisoners. “When hormones son for events that occurred on January was then taken to a hospital in Missouri are withdrawn from a patient ... severe 30, 2007 at the Baxter County Detention where he underwent surgery and had his complications may arise. The dysphoria Facility. While in “B Pod” that day, a mouth wired shut. Despite that and several and associated psychological symptoms guard, who was named as John Doe I in additional surgeries, his jaw never healed may resurface in more acute form,” the the complaint, brought prisoner Philip properly and he still experiences pain. Seventh Circuit wrote. Additionally, the Rasmussen into the pod. Rasmussen was later found guilty of patient may suffer “severe physical effects The guard stayed in the unit and second-degree battery and ordered to pay such as muscle wasting, high blood pres- watched as Rasmussen checked the lower Johnson’s medical bills. sure, and neurological complications.” and upper tier cells. As Johnson was sit- The $20,000 settlement with Baxter GID prisoners experienced some of these ting on a stainless steel table, Rasmussen County was reached on June 14, 2012; the symptoms when their hormone treatment came down the stairs and, in an unpro- county did not admit any fault or liability. was discontinued. voked attack, struck him in the jaw and Johnson was represented by Mountain Several GID prisoners filed lawsuits began assaulting him. Home, Arkansas attorney John O. Russo. to enjoin the provisions of Act 105, al- The guard did nothing but watch until See: Johnson v. Montgomery, Circuit leging that the law violated the Eighth other prisoners attempted to assist John- Court of Baxter County (AR), Case No. Amendment’s prohibition against cruel son, at which time he pushed them away 2010-403-1. and unusual punishment and the Equal and allowed the beating to continue. Other Protection Clause of the Fourteenth guards arrived and separated Johnson and Additional source: Associated Press November 2012 36 Prison Legal News Stay in touch with a good Magazine! Get 5 Full One Year Subscriptions - ONLY $20! + $2.99 p&h "Best Deal on The Pound!” Check your magazines and underline three backup choices5 (in case of unavailability)

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Prison Legal News 37 November 2012 New York City Pays $2 Million to Settle Suit Over Death of Juvenile Killed by Other Prisoners Acting as Guards’ Enforcers he City of New York has paid $2 2012, McKie was sentenced to two years Hills found that numerous assaults and Tmillion to settle a lawsuit filed by the in jail and Nelson received one year as two use of force incidents had not been mother of a juvenile offender who was part of plea agreements. Neither was reported. beaten to death at the Robert N. Davoren directly implicated in Robinson’s death. “The record has been amended to re- Center (RNDC) on Rikers Island. Two juvenile offenders who took part in flect these two incidents, and the culpable Christopher Robinson, 18, was killed killing Robinson are now serving 10- and staff disciplined,” said Department of in October 2008 by a gang of prisoners 12-year sentences. Correction spokeswoman Sharman Stein. who were acting as enforcers for Rikers “I’m not happy. It’s not a win for me. Further, on July 31, 2012, former RNDC guards. [See: PLN, Feb. 2010, p.28; Jan. My son is gone,” said Charnel Robinson. prisoner Dwaine Taylor filed a lawsuit in 2009, p.20]. The guards used enforcers as “At the end of the day, these people are which he claimed the Program continued part of an intimidation campaign known still able to see their families. My only to operate at the facility until late 2011. as “the Program” to maintain rigid control child is a sight I’ll never see again.” Taylor said he experienced two beatings over the juvenile unit. Numerous prison- Jail officials claimed they had made from gang members acting as enforcers ers were assaulted and severely injured by improvements at RNDC. “The list of ac- in the Program. Guards encouraged him other prisoners as part of the Program, tions we have taken both prior to and since not to report the first assault in May 2011, while guards condoned and covered up Robinson[‘s death] includes plenty of steps which left him with a broken jaw; after the attacks. the department has taken to address vio- he insisted, he was later placed back into The guards enlisted gang members lence, including, specifically, in adolescent general population at RNDC, where he to enforce the rules and run the unit; housing units,” said Department of Cor- was again beaten in November 2011 and those who resisted the gang or violated rection spokesman Stephen Morello. again suffered a broken jaw. Taylor’s law- unit rules were regularly beaten. The However, city officials later investi- suit remains pending. See: Taylor v. City enforcers decided who had phone privi- gated whether staff at RNDC had covered of New York, U.S.D.C. (S.D. NY), Case leges and who could use chairs in the up high levels of violence involving juve- No. 1:12-cv-05881-RPP. common room. They also robbed other nile offenders. RNDC officials received an prisoners of their commissary items and award in May 2011 based on a 62% drop Additional sources: www.timesunion.com, clothes. According to the Bronx District in the number of fights at the facility. But New York Times, Village Voice, www.cor- Attorney, the jail was an “incubator when RNDC warden Williams Clemons specops.com, New York Daily News, New for violent criminal activity sanctioned was replaced, incoming warden Raino York Post by adults in positions of authority.” Robinson was in RNDC on a minor pa- role violation for breaking curfew to work $2,500 Settlement in Illinois Prisoner’s late at a new job. His mother, Charnel Telephone Disconnect Suit – After Nine Years Robinson, said her son was putting his life together while incarcerated. n Illinois prisoner has accepted and held the circuit court had jurisdiction. “When he left this world, I was ex- A$2,500 to settle a lawsuit against [See: PLN, Dec. 2004, p.31]. tremely proud of him,” she stated. “He Ameritech, in which he accused the The parties litigated the case for made a mistake. He paid for it, and I telecommunications company of fraudu- the next seven years, including another expected him to come home.” lently and intentionally disconnecting appeal and appellate ruling in favor of While the June 14, 2012 settlement phone calls made by prisoners. Flournoy. [See: PLN, Aug. 2009, p.37]. agreement specified that the City of Prisoner Johnnie Flournoy filed suit The eventual settlement provided that New York did not admit fault or liabil- in state court in 2002. He alleged fraud Ameritech, which is owned by the Il- ity, Charnel said she thought it was an and negligence against Ameritech, a linois Bell Telephone Company, denied acknowledgment that things went hor- prison phone service provider, for inten- wrongdoing. Nonetheless the company ribly wrong. Still, the settlement did not tionally disconnecting his collect calls agreed to pay $2,500 to settle the mat- assuage her pain. “It just hurts every day, early in order to force a second call that ter. Flournoy represented himself pro se and it doesn’t get any better, and this will would require another connection fee and through the litigation. See: Flournoy v. not help,” she remarked. surcharge. Ameritech, Twelfth Judicial Circuit Court “This involved a very tragic situ- The state court dismissed the lawsuit (IL), Case No. 02MR855. ation,” said attorney Muriel Goode on the grounds that the Illinois Public Trufant, who represented Robinson’s Utilities Act grants the Illinois Commerce Writing to Win mother in the lawsuit. See: Robinson v. Commission exclusive jurisdiction over Need to write better? Writing to Win City of New York, U.S.D.C. (S.D. NY), complaints concerning excessive rates or will teach you the basics of how to com- Case No. 1:09-cv-7446-LTS. overcharges. The Third District Court of pose clear and convincing written and Two Rikers guards, Michael McKie Appeal for Illinois, however, found the oral legal arguments! 270 pages packed and Khalid Nelson, pleaded guilty to matter was a civil action based upon al- with solid, practical advice and tips. assault and attempted assault in connec- leged fraud and negligence that resulted in $19.95 from PLN’s Book Store! tion with the Program. On January 17, multiple surcharges and connection fees, November 2012 38 Prison Legal News JOIN THE CAMPAIGN FOR PRISON PHONE JUSTICE! A national coalition of media and criminal justice activists, led by the Human Rights Defense Center, Working Narratives and the Center for Media Justice, invite you to join a campaign to fight the high cost of prison phone calls. We need those inside our nation’s jails, prisons and detention centers to speak up about the impact of the cost of prison phone calls on you and your family. With your support we will advance a state-by-state legislative challenge, while also pushing the Federal Communications Commission (FCC) to take action.

WHAT YOU CAN DO Send a brief letter to the Federal Communications Commission explaining the impact the high costs of prison phone calls have had on you and your family. Address the letter “Dear Chairman Genachowski,” and please speak from your own personal experience. You must state the following at the top of the letter: “This is a public comment for the Wright Petition (CC Docket #96-128).” Your letters will be made part of the public docket in the case. Write to: Chairman Julius Genachowski Federal Communications Commission Public Comments 445 12th Street, SW Washington, DC 20554 Our goal is to gather thousands of powerful stories. The prison facility which registers the most letters will be highlighted on the campaign website and will get a co-producer credit on our national radio program addressing the high cost of prison phone calls. We also need your help organizing on the outside. Ask your family members to sign up for the campaign at www.phonejustice.org and invite them to share their story about the high costs of prison phone calls. They can also register their comments online, directly with the FCC, at: http://apps.fcc.gov/ ecfs/upload/display.action?z=whn8 (enter docket #96-128). Only with your support will we end the abusive cost of prison phone calls. Encourage others to join us in this struggle! For more information: www.prisonphonejustice.org and www.phonejustice.org

Prison Legal News 39 November 2012 Pennsylvania Jail Major Pleads Guilty to Beating Prisoner After Escape Attempt n October 29, 2011, James M. Do- by creating an addendum to his original as part of a plea bargain; Donis is sched- Onis, 50, who had been major of the report that falsely claimed Barbour had uled to be sentenced on February 20, 2013. guards and the fourth-highest-ranking “refused to comply with commands” and See: United States v. Donis, U.S.D.C. (W.D. official at the Allegheny County Jail in was “combative” when he was caught Penn.), Case No. 2:11-cr-00251. Pittsburgh, Pennsylvania, was fired from during the escape attempt. Charges of his $68,631-a-year position. He had deprivation of civil rights and making Sources: Pittsburgh Post-Gazette, Pitts- worked at the jail since 1989. false statements to the FBI were dropped burgh Tribune-Review A federal lawsuit filed on October 7, 2011 accused Donis of beating a pris- oner, Gary W. Barbour, who had allegedly Pennsylvania Guards Charged with attempted to escape through the jail’s Physical, Sexual Abuse of Prisoners ventilation system in April 2010. He was caught and offered no resistance. None- Pennsylvania state prison guard was At least one expert agreed there are no se- theless, Donis allegedly put on leather Aarrested on September 27, 2011 and crets in prison. “You can’t tell me every guard, gloves and repeatedly punched Barbour charged with 89 counts of physically and inmate and secretary [didn’t] know what was in the face after telling him, “I’m your sexually abusing prisoners at State Correc- going on,” stated Tracy Barnhart, who worked worst nightmare.” Other guards allegedly tional Institution (SCI) Pittsburgh. Seven as a prison guard in Ohio for 12 years. “Officers participated in the assault. other guards were initially suspended, and are just as much big blabbers.” According to the suit, after the beat- three face related charges. Martin Horn, former secretary of the ing Barbour’s bloody and soiled clothes Before his arrest, Harry F. Nicoletti, PDOC and now a professor were changed before he was taken to a Jr., 60, had worked at SCI for 10 years. in New York, said a sense of brotherhood hospital. He was also denied follow-up The charges against him, stemming from among guards – also known as a code of medical care by jail staff, was not taken his conduct in F Block, the prison’s intake silence – can create an “us against them” to a surgical appointment for repair of unit, include institutional sexual assault, attitude. “They have to watch each other’s a deviated septum and was placed in a involuntary deviate sexual intercourse and backs,” he said. “There’s a sense of loyalty, psychological observation cell for more official oppression. and sometimes it blinds people to their than a month. A federal lawsuit filed five days before ethical obligations.” Attorney Ronald D. Barber, who the Allegheny County Grand Jury indicted The abuse at SCI Pittsburgh sends represents Barbour in the lawsuit, said it Nicoletti shed some light on the facts of a negative message to prisoners, Barth was “too early to tell” what effect the firing the case. The suit claims that eight prison noted. “The reason these guys are in would have on the litigation. Allegheny officials and the Pennsylvania Department prison is because they broke rules,” he County spokeswoman Judi McNeil re- of Corrections (PDOC) had a “common said. “Now, [prisoners are] in an environ- fused to comment on Donis’ termination plan and conspiracy to sexually abuse, ment where rules don’t count. There’s a “because it’s a personnel matter.” physically abuse, and mentally abuse in- slippery slope to becoming exactly what Human Rights Coalition Fed Up mates who were homosexual,” as well as you’re incarcerating.” advocate Shandre Delaney said the firing those who were transgender or convicted In May 2011, Pennsylvania prison “doesn’t surprise me, because most of the of sex crimes. The abuse allegedly included officials removed SCI Pittsburgh superin- time when these things are occurring, it the rape of a transsexual prisoner. tendent Melvin S. Lockett and top deputies goes all the way up the ladder.” She has The unidentified plaintiff who filed Janis Niemiec and Martin A. Kovacs, and protested local jail conditions and noted, the lawsuit claimed that Nicoletti had vic- ordered a full review of the facility. “They “[t]here is abuse going on.” timized him by threatening to anally rape did not have any indications of any in- Donis was charged in federal court him, make him perform oral sex or touch cidents happening anywhere else,” said with various offenses on November 2, his genitals, or he would be subjected to PDOC spokeswoman Susan Bensinger. 2011, including violating Barbour’s civil physical abuse and false misconduct re- “It was not a rampant thing. ‘Isolated’ is a rights by assaulting him and making false ports. [See: PLN, April 2012, p.1]. good term. It was not systemic. It was not statements to the FBI. He was released on Nicolleti, who was released on $75,000 widespread at [SCI] Pittsburgh.” $50,000 unsecured bond. bail, denied the allegations in the suit and Nonetheless, several other guards were On October 5, 2012, the U.S. District the 89 criminal charges. “There is no truth charged with participating in the physical Court denied the defendants’ motion to to this whatsoever,” he said. “It makes and sexual abuse or knowing about but not dismiss Barbour’s lawsuit, finding that me sick to my stomach that someone can reporting it, including Tory D. Kelly, 40, he had presented sufficient evidence of make accusations like that. It’s totally who faces 19 counts that include assault and violation of his rights for the case to pro- false, and there’s eight [guards] out on the witness intimidation; Jerome J. Lynch, 36, ceed. See: Barbour v. Allegheny County, street with no pay, no benefits.” who faces 7 counts; and Bruce S. Lowther, U.S.D.C. (W.D. Penn.), Case No. 2:11- The lawyer who filed the lawsuit believes 34, who faces 2 counts. Three other guards, cv-01291-LPL. the abuse at SCI Pittsburgh was known by Kevin Friess, Brian Olinger and Sean Storey, Ten days later, Donis pleaded guilty other prison staff. “Everybody knew what was were initially charged but later cleared of to federal charges of falsifying reports going on,” said attorney Steven M. Barth. wrongdoing. Former SCI Pittsburgh Sgt. November 2012 40 Prison Legal News John Michaels was suspended and then fired of a hearing. An arbitrator later ordered tory impression of serious mismanagement, in connection with the investigation, but not that they be reinstated to their positions with as well as participation and/or acquiescence criminally charged. full back pay and benefits.” in alleged sexual abuse misconduct,” which State lawmakers have also weighed The bill, HB 2549, failed to pass dur- made them “unable to secure employment in – but on the side of the prison guards ing the 2012 legislative session but Fleck in their fields, despite having actively sought accused of misconduct, not the prison- said it would be reintroduced next year. It employment opportunities.” Their suit was ers they are accused of abusing. A bill has 24 co-sponsors. dismissed in July 2012 and is currently on introduced in July 2012, known as the Meanwhile, the lawsuit against Ni- appeal. See: Lockett v. Penn. Dept. of Cor- Corrections Officers’ Bill of Rights, would coletti and other prison staff remains rections, U.S.D.C. (W.D. Penn.), Case No. require higher standards for internal prison pending, though on September 28, 2012 a 2:11-cv-01314-JFC. investigations, give guards 24-hour notice federal magistrate judge dismissed claims before an internal affairs interview except against the PDOC, finding the state was Sources: Pittsburgh Post-Gazette, www. in cases of an emergency, prohibit guards immune for any acts the guards committed repfleck.com, www.philly.com, www.sfgate. from being required to take polygraph tests, as part of their official duties. See:Doe v. com let accused PDOC employees retain their Nicoletti, U.S.D.C. medical benefits during pending investiga- (W.D. Penn.), Case tions, and allow guards to sue people who No. 2:11-cv-01221 file frivolous complaints against them, -LPL. Five other including prisoners and the PDOC. federal lawsuits have EXECUTIVE CLEMENCY

“There is an obvious need for such leg- been filed over abuse For Info. On Sentence Reduction through islation based on what recently happened to committed by Nico- Executive Clemency: a group of corrections officers employed at letti and other staff SCI Pittsburgh,” said state Rep. Mike Fleck, at SCI Pittsburgh. NATIONAL CLEMENCY PROJECT who introduced the legislation. “The eight Lockett, Ni- 59288624 HIXSONCAMP COLUMBUS PIKE, STE. ROAD A-363 officers were suspended without pay and emiec and Kovacs benefits for almost a year following allega- have also filed suit HIXSON, TENNESSEE, 37343 tions of abuse made by prisoners. They were against the state, (423) 843-2235 not given the opportunity to ask questions claiming the manner (35-Years of Clemency & Parole Assistance) regarding the allegations or to defend them- in which they were (Transfers Under The Int’l Prisoner Treaty) selves and were never even given the benefit fired “left a defama-

Prison Legal News 41 November 2012 BOP Supermax Lawsuit Claims Horrific Abuse of Mentally Ill at ADX by Alan Prendergast Clean Version of Hell” – that’s they can obtain. A number swallow razor The complaint contains descriptions “A what a 2007 segment of 60 Minutes blades, nail clippers, parts of radios and of staff allegedly goading prisoners to called the U.S. Penitentiary Adminis- televisions ... still others spread feces kill themselves, abusing them and deny- trative Maximum facility in Florence, and other human waste and body fluids ing them food – including a lunchbag Colorado, or ADX, home to some of throughout their cells, throw it at the cor- “prank” that involves making a video- the world’s most notorious murderers rectional staff and otherwise create health taped record of staffers handing the and terrorists. But according to a grimly hazards at ADX. Suicide attempts are prisoner a sack lunch, then leaving the detailed lawsuit filed in Denver on June common.” [See: PLN, Oct. 2011, p.10]. prisoner to discover the sack is empty. 18, 2012 that alleges systemic mistreat- One of the interested parties, Jack Prisoners the staff want to punish are ment of mentally ill prisoners, the federal Powers, had no history of mental illness sometimes transferred to cells already supermax is actually a filthy version of before his 1990 conviction for bank rob- caked with feces from the previous oc- hell – a place where untreated psychotic bery. He witnessed a prisoner-on-prisoner cupant, the suit claims. men mutilate themselves, have delusional killing, testified in the case, tried to escape “They do what they do because they conversations with ghosts and live in feces- – and ended up in isolation at ADX for can,” says Ed Aro, an attorney with Ar- caked isolation cells for months with little ten years. While there he bit off a finger, nold and Porter, which filed the suit in monitoring. amputated a testicle, tattooed his body collaboration with the Washington Law- Filed on behalf of five ADX prison- with a razor blade, tried to inject bacteria yers Committee for Civil Rights. “There’s ers and another half-dozen “interested in his brain, mutilated his genitals and a pervasive philosophy at ADX that ap- parties” who are also prisoners there, repeatedly attempted suicide. All of these proves of using punitive methods to deal the suit claims that the U.S. Bureau of incidents happened after the BOP had with aberrant behavior – that if you’ve got Prisons (BOP) ignores its own regulations diagnosed Powers as mentally ill and was someone who’s suicidal, punishing them in shifting dangerous or hard-to-control supposedly monitoring him. and putting them in the hole will keep prisoners to ADX regardless of their Several of the parties associated with them from killing themselves.” mental status, and fails to monitor them the suit have committed ghastly crimes Aro says he’s interviewed more than properly after they arrive – even to the – including William Sablan, who joined 100 prisoners at the supermax. Some are point of denying them medication or with a cousin in disemboweling another schizophrenic, deeply delusional or raving ignoring diagnoses made by other BOP prisoner in the SHU at USP Florence in psychotics; some are severely retarded. medical staff. 1999. Sablan is now doing a life sentence The complaint makes numerous allega- “Many prisoners at ADX intermina- for that murder. But the suit points out tions about correctional staff interfering bly wail, scream, and bang on the walls of that other severely mentally ill prisoners at with prisoner mail and contact with at- their cells,” the complaint alleges. “Some ADX are eligible for release soon despite torneys, and acts of retaliation against the mutilate their bodies with razors, shards their lack of treatment. plaintiffs. “The guys who have agreed to of glass, sharpened chicken bones, writ- At least six prisoners have committed be the plaintiffs in this case have more guts ing utensils, and whatever other objects suicide at ADX since it opened in 1994. than anybody I’ve ever met,” he says.

(Void in New York) San Luis Obispo, CA.)

November 2012 42 Prison Legal News While the prison ostensibly has a to-face press interviews with prisoners at GETTHE30NON HOTDREAMSFASTSERVICE! process for prisoners to complain of mis- the facility since 2001. A BOP spokesman NUDECAMELTOE GETYOURFREENONNUDECATALOG#1.YOU TOEPIC#1SET MUSTSENDAS.A.S.ETORECIEVEIT.IFYOU treatment, the complaint notes that the declined to respond to questions about the ALONGWITHTHE DONTSENDAS.A.S.EYOUWONTGETNOTHING! HOTNONNUDE SIA, or special investigative agent, who’s lawsuit, saying the agency would not com- CATALOG#1 FOR supposed to handle reports of officer ment on pending litigation. [See: Bacote ONLY20$FREES/H GET15SOAKINWETCAMELTOESHOWER misconduct, is Dianna Krist – the wife of v. Federal Bureau of Prisons, U.S.D.C. (D. DONOTREMOVE SCENEPICSALONGWITHNONNUDE ADX Captain Russell Krist, who oversees Col.), Case No. 1:12-cv-01570]. THISADDATALL! CATALOG#1FORONLY$17.00 the correctional staff. In other words, GETTHECAMELTOE#2 FREES/H COMESWITH15PICS FORTHEALLNUDECATALOG#1SEND$5.00ANDA “the watchdog is married to the person This article was originally published in FORONLY$17.00 S.A.S.E.THISCATALOGCOMESWITHAFREEPIC whose staff the watchdog is responsible Westword, a Colorado-based alternative FREES/H COMES WITH for investigating.” publication (www.westword.com). It is NONUDECATALOG#1 WEARESHIPPINGFAST! PLEASEMAKEALLPAYMENTSTO: As first reported in in 2007, Westword reprinted with permission from the author. IFYOUARETIREDOFWAITING HOTDREAMS supermax officials have cited “security More information about the ADX lawsuit is HOTDREAMSGONA P.O.BOX652DEPTPN TAKECAREOFYOU! concerns” as a reason for banning all face- available at www.supermaxlawsuit.com. FAREAL!!FAREAL!! RACELAND,LA70394 DONOTCUTOUTTHISAD!!

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Prison Legal News MJB-030-DA Half Page PLN43 Ad.indd 1 November8/1/12 12:22 2012 PM Vietnam Pardons 10,244 Prisoners but Few Dissidents by Derek Gilna wo Vietnamese activists jailed for Vietnam’s annual National Day amnesty. sentence for pro-democracy activities and Tadvocating democracy were among According to Giang Son, Vice-Chair- another prominent dissident, Cu Huy Ha more than 10,000 prisoners granted am- man of the President’s office, “This once Vu, was sentenced to seven years. nesty by Vietnam’s government on August again demonstrates the clemency policy Of the 10,244 Vietnamese prisoners 25, 2011 in celebration of National Day. of the Party and State and the humane who received amnesty only five, including Nguyen Van Tinh and Tran Duc Thach traditions of the Vietnamese people.” Tinh and Thach, had been charged with had been sentenced in 2009 to three-and- International prison watchdog groups, “national security crimes.” More than a-half and three years in jail, respectively however, painted a different picture. Hu- 10,000 prisoners were pardoned in Sep- – Tinh for hanging pro-democracy ban- man Rights Watch said Thachs’ poetry tember 2012 for National Day, including ners and Thach for “propaganda against and other “dissident” writings “condemn 11 foreigners. Whether the most recent the state.” corruption, injustice, and human rights amnesty included any political prisoners A total of 10,244 prisoners arrested abuses,” and noted that he had been ar- was not reported. Of course, compared to for crimes ranging from murder and drug rested more than 10 times since 1978. the United States which rarely pardons its trafficking to trafficking women and brib- Amnesty International expressed political dissidents and shows no mercy ery were released due to the mass amnesty concern that dozens of political critics and to its prisoners, especially in the form of – around 10 percent of the country’s entire dissidents jailed since late 2009 had not mass releases, the contrast is striking. prison population. Approximately 17,000 yet been released and were not included prisoners had been pardoned in 2010 and in the amnesty. For example, activist Sources: www.channelnewsasia.com, www. about 5,000 were released in 2009 as part of Pham Minh Hoang received a three-year thanhniennews.com Nebraska Refuses to Return Execution Drug to Swiss Company n its desperation to obtain a supply of tered that they had legally obtained the lethal wrongfully diverted ... to the Nebraska Isodium thiopental, one of the three injection drug and would move forward to Department of Correctional Services be drugs commonly used to carry out ex- execute prisoner Michael Ryan. Ryan was returned to its rightful owners, that is, that ecutions by lethal injection, the State of scheduled to be put to death in March 2012 it be returned to us at Naari.” Nebraska circumvented the manufacturer, but received a stay of execution. A two-sentence statement from the which does not sell the drug for use in Naari AG said it gave samples of Nebraska Attorney General’s office said the capital punishment, and instead bought sodium thiopental, which was produced drug “was approved for legal export by the it from an Indian middleman. at its plant in India, to Chris Harris with government of India and approved for legal Swiss pharmaceutical company Naari Harris Pharma LLP, a Calcutta broker, import by the regulatory federal agencies of AG cried foul and asked Nebraska to return who claimed he wanted to sell it as an the United States (DEA and customs).” the sodium thiopental. State officials coun- anesthetic in Zambia, according to a The Nebraska Department of Cor- November 18, 2011 letter from Naari rectional Services (NDCS) stated it had AG CEO Prithi Kochhar to Nebraska no plans to return the sodium thiopen- Supreme Court Chief Justice Michael tal. “From our perspective, we obtained Heavican. Instead, Harris sold the sam- that legally,” said NDCS spokeswoman ples to Nebraska officials for $5,411. Dawn-Renee Smith. “I’m not sure there “I am shocked and appalled by this really are any next steps at this point. We news,” wrote Kochhar. “I am writing to would, obviously, work with the Attorney request that the thiopental which was General’s office as necessary.” Sodium thiopental is no longer manufactured in the United States, and European countries have outlawed selling the drug to the U.S. because it is used in Pen Pals for Prisoners executions (the death penalty is banned in Europe). That restriction has led states Your ad on the Internet worldwide: to scramble to find alternative sources for One year for $9.95. Mail name & the drug or other drugs to carry out death sentences. [See: PLN, June 2011, p.1]. address for FREE order form or online: On March 27, 2012, a U.S. District www.PrisonerPal.com Court in the District of Columbia held that the Food and Drug Administration (FDA) PO Box 19689 should not have allowed unapproved foreign-manufactured sodium thiopental Houston, TX 77224 to be imported into the U.S., as it was a “misbranded drug and an unapproved new November 2012 44 Prison Legal News drug” under federal law. The FDA was or- without parole. dered to instruct state agencies to surrender “I don’t think the state should be their supplies of foreign-made sodium thio- involved in utilizing a product that the pental, and the FDA was “permanently manufacturer has maintained was obtained LEARN TO enjoined from permitting the entry of, or under false pretenses,” Council said. “If releasing any future shipments of, foreign you know the manufacturer had no inten- PROTECT manufactured thiopental into interstate tion that the drug be shipped to the United commerce.” See: Beaty v. FDA, U.S.D.C. States – let alone to be used in lethal injec- YOUR (D. DC), Case No. 1:11-cv-00289-RJL. tion – that obliges you to step back.” Nebraska refused to comply with the In September 2012, another Euro- FDA’s request to give up the state’s sodium pean company, Germany-based Fresenius RIGHTS thiopental, however, arguing that it had Kabi, announced that it would not sell obtained its supply of the drug from a propofol, a sedative, for use in executions different source than the one at issue in the in the U.S. Several states, including Mis- case involving the FDA, which has since souri, had switched to propofol due to YOU HAVE A RIGHT TO appealed the district court’s ruling. difficulties in obtaining other drugs used Adequate medical care “Other than the court’s erroneous in lethal injections, such as thiopental. Protection from assault order, we are unaware of any evidence “Fresenius Kabi objects to the use of Humane living conditions or reasons why the Department of Cor- its products in any manner that is not in Safety from officer abuse rectional Services should be required to full accordance with the medical indica- return any thiopental in its possession,” tions for which they have been approved Learn how to defend your said Nebraska Assistant Attorney Gen- by health authorities,” the company basic human rights with eral James Smith. stated. “Consequently, the company does the comprehensive litiga- The questionable method by which not accept orders for propofol from any tion guide, Protecting Your the state obtained its supply of sodium departments of correction in the United Health and Safety, 2nd edi- thiopental provided ammunition for States. Nor will it do so.” tion, written specifically for opponents of the death penalty, includ- prisoners who are unable to ing state Senator Brenda Council, who Sources: The Lincoln Star Journal, www. receive help from a lawyer. introduced legislation (LB 276) to replace correctionsone.com, www.ketv.com, As- capital punishment in Nebraska with life sociated Press Written by Robert E. Toone Edited by Dan Manville A Project of the Southern WELCOME TO KRASNYA BABES & KRASNYA HOT STUDS Poverty Law Center* N EW COST $16 total ($10 + $6 shipping/handling) FREE shipping/handling for orders from Prison Legal News over $50

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Prison Legal News 45 November 2012 Iowa Reconsidering Costs, Benefits of Sex Offender Supervision Law by Joe Watson ver the past decade more than 20 strategy soon, I’ll have to come back to my and assessing juvenile offenders, who are Ostates have created “special sentenc- board and say, ‘What is it that you don’t becoming a larger part of Iowa’s sex of- es” that require community supervision want us to do anymore?’” fender population. for sex offenders after their release, even Kreamer noted that Iowa has been “There is more latitude in the juvenile if they expire their prison terms. But Iowa more successful than other states in area because they respond more easily is currently re-evaluating whether the mil- monitoring sex offenders who pose the to treatment,” Dvorsky said. “There are lions in taxpayer dollars spent on such highest risk to public safety, which has ways that maybe we can work with them post-release supervision is justified in light resulted in lower recidivism. The risk and get them out of the system if they are of the questionable results. assessments, she added, have saved identified quickly.” A January 2012 report by the Iowa thousands of dollars without increasing In its January 2012 report, the Iowa Sex Offender Research Council indicates public safety issues. Sex Offender Research Council recom- that the additional cost of monitoring There were 542 sex offenders in Iowa mended reforms that include a minimum an estimated 2,651 sex offenders serving prisons in 2011, up from 507 in 2007. number of years of post-release supervi- special sentences will total at least $34.5 And those who violated parole and were sion for sex offenders, a required review million by 2021, thanks to a strict state returned to prison last year totaled 68, of each offender’s progress and risk level law. compared with only four in 2007. The after a specified number of years, and That law, passed in 2005, requires state also has around 300 juvenile sex proof that an offender poses a risk of sex offenders to be supervised and moni- offenders. committing sexual or violent crimes be- tored with GPS tracking technology for According to state Senator Bob fore supervision is extended beyond the 10 years to life after their release from Dvorsky, a member of the Iowa Sex review date. prison, depending on the seriousness of Offender Research Council, lawmakers their crimes. would be wise to examine research that Sources: Des Moines Register, www.globe- “The special sentence, particularly suggests savings can be found by treating gazette.com lifetime supervision,” the report stated, “will increase the parole caseload by 78 percent in 10 years.” Los Angeles Jail Pays $161,000 According to Iowa’s Legislative Services Agency, the cost of treating, Settlement for Juvenile Injured Due supervising and monitoring sex offend- to Negligent Supervision ers cost the state $11.5 million in 2010 alone. he County of Los Angeles has agreed alleged constitutional rights violations, The report concluded that “[t]here is Tto pay $161,000 to settle a civil rights negligent hiring, failure to train and sufficient evidence that sex offenders and action that claimed a juvenile offender supervise, and general negligence by the public benefit from a period of super- was seriously injured while held at the Probation Department staff. vision and treatment/relapse prevention Los Angeles County Probation Depart- The Los Angeles County Counsel support in the community, particularly ment’s Central Juvenile Hall (CJH), due Office recommended settling the law- after incarceration. However, the current to improper supervision. suit for $161,000 on May 14, 2012. It policy of set terms of post-sentence parole The plaintiff, 17-year-old Alyssia noted that the county had already spent is not supported by research, is not the Frenzel, was detained on an assault with $32,737 in attorney’s fees and $2,541 in most effective use of limited resources, a deadly weapon charge. While at CJH she costs, and the risks and uncertainties and does not contribute to increased continuously experienced hallucinations. of litigation made settlement the best public safety.” Concerned that she might injure herself, option. Iowa’s law was passed in response an intervention plan required staff to keep The recommendation said that dis- to public outrage over the 2005 death of her hands, wrists and arms in sight and ciplinary action – a notice of suspension Jetseta Gage, a 10-year-old Cedar Rapids to actively intervene before a situation – was being taken against a CJH employee girl who was murdered by a sex offender. escalated to self-harm. Her enhanced for not being in close proximity and for But members of the Iowa Sex Offender supervision level required staff to remain being inattentive to Frenzel during her Research Council want state leaders to in close proximity. recreational activity. It also noted that find more effective and less expensive Frenzel was in the coed gymnasium action was taken to enhance policies to methods of dealing with released sex of- at CJH on May 23, 2008 when she ran define close proximity and to ensure that fenders. out the door for a ball. Staff pursued only experienced staff members provide “We’re trying to figure out policy-wise her, but she ran across the yard, went enhanced supervision of juveniles. The what makes the most sense to do now,” up a unit’s steps and jumped from the County Board of Supervisors subse- said Sally Kreamer, who heads the Fifth second level. She sustained injuries quently approved the settlement. See: Judicial District’s correctional services. to both arms and her left elbow, and Frenzel v. County of Los Angeles, Los “Caseloads are only going to get larger burst the orbital capillaries in her eyes. Angeles Superior Court (CA), Case No. and larger. If we don’t figure out some Her lawsuit, filed on March 3, 2010, BC 432895. November 2012 46 Prison Legal News Prisoners’ Guerrilla Handbook to Correspondence Programs in the United States and Canada, 3rd Edition Jon Marc Taylor

Author Jon Marc Taylor’s brand new version is the latest in this

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Prison Legal News 47 November 2012 Claim Form on opposite page

LEGAL NOTICE IF YOU WERE CONFINED IN A HOLDING CELL AT LAKE COUNTY JAIL IN INDIANA FOR A PERIOD OF 24 HOURS OR MORE AT ANY TIME BETWEEN MAY 13, 2006 AND FEBRUARY 1, 2012, YOU MAY BE A MEMBER OF A CLASS ACTION WHO IS ENTITLED TO MONEY. There is a proposed settlement with defendants (Lake County Sheriff’s Department, Roy Dominguez, Caren Jones and Bennie Freeman) in the class action lawsuit, Flood, et al. v. Dominguez, et al., case no. 2:08-CV-153, pending in the U.S. District Court for the Northern District of Indiana. This notice is provided as a summary of your rights. For more information, visit www.LakeCountyJailSettlement.com or call 800-332-6198. What Is This Lawsuit About? The lawsuit involves the alleged conditions in the holding cells at the Lake County Jail in Indiana. Those alleged conditions include overcrowding, long detentions, and the lack of adequate food, showers, clothing, sanitation, or provisions for sleeping. Defendants deny the allegations. No court has determined that the class is entitled to win or that defendants are entitled to win. After years of litigation, both sides agreed to the proposed settlement to resolve the case and avoid the risk of loss associated with a trial. The class representatives and lawyers for the class think the proposed settlement is in the best interests of the class members. Who Is a Class Member? You are a class member if you were confined in the Lake County Jail’s holding cells for a period of at least 24 hours at any time from May 13, 2006 to February 1, 2012. What Does the Proposed Settlement Provide? Defendants have agreed to pay a total of $7.2 million. This $7.2 million will be used to cover payments to class members as well as the attorneys’ fees and costs advanced by the attorneys, incentive awards for the named plaintiffs and certain class members who assisted in the litigation, and the costs of notice and claims administration as the Court will allow. Who Represents Me? The Court has appointed Loevy & Loevy as class counsel to represent the class. The settlement includes money to compensate class counsel for representing the class. Under the proposed settlement, class counsel may petition the Court for the greater of 40% of the fund ($2.88 million) or the dollar value of the significant amount of professional time they invested in this case increased by a 2-times multiplier to account for the risk of nonpayment class counsel undertook when representing the class. To provide the class certainty on the amount of the fee petition, class counsel decided to limit their fee petition to 40% of the fund. What Are My Legal Rights? s )FYOUDONOTWANTTOBEINCLUDEDINTHEPROPOSEDSETTLEMENT YOUMUSTEXCLUDEYOURSELFINWRITING POSTMARKEDBY$ECEMBER  ANDSENT TO,AKE#OUNTY*AIL#LASS!CTION %8#,53)/.3 #LAIMS!DMINISTRATOR CO!"$ATA ,TD 0/"OX -ILWAUKEE 7)9OUR EXCLUSIONREQUESTMUSTSTATEYOURNAME DATEOFBIRTH ADDRESSANDTELEPHONENUMBERIFANY ASTATEMENTTHATYOUDONOTWANTTOBEPARTOFTHE ,AKE#OUNTYCLASSACTIONSETTLEMENTANDYOURSIGNATURE s )FYOUSTAYINTHECLASSANDWOULDLIKETORECEIVEPAYMENT YOUMAYlLEACLAIM&ILINGACLAIMISTHEonly way to be eligible for settlement payment. Your claim must be postmarked by December 3, 2012. s 9OUMAYOBJECTTOANYASPECTOFTHEPROPOSEDSETTLEMENT9OURWRITTENOBJECTIONMUSTBEPOSTMARKEDBY$ECEMBER  ANDlLEDANDMAILED as set out in the notice of class action and proposed settlement referred to below. You also may request in writing to appear at the fairness hearing. s )FYOUCHOOSETODONOTHING YOUWILLRECEIVENOPAYMENTANDWILLGIVEUPTHERIGHTTOSUEDEFENDANTSFORTHESAMECLAIMSINTHISCASE Will the Court Approve the Proposed Settlement? The Court will hold a fairness hearing on December 14, 2012 at 9:30 a.m. before the Honorable Philip P. Simon at the United States District Court for the Northern District of Indiana, located at 5400 Federal Plaza, Hammond, IN 46320, to consider whether to approve the proposed settlement and petitions for attorneys’ fees, costs, and named plaintiff and class member incentive awards. Everyone has the right to observe this hearing. You DONOTHAVETOATTEND)FYOUWANTTOSPEAKATTHEHEARING YOUMUSTREQUESTTODOSOWHENYOUlLEANOBJECTIONSEETHEADDITIONALINFORMATIONON OBJECTINGINTHENOTICE WHICHISAVAILABLEATwww.LakeCountyJailSettlement.com or by calling 800-332-6198). Incarcerated people do not have a RIGHTTOBEBROUGHTFROMAJAILORPRISONTOTHEHEARINGHOWEVER ALLWRITTENOBJECTIONSWILLBECONSIDEREDBYTHE#OURT How Do I Obtain Further Information? This is only a summary of the proposed settlement. For a more detailed notice of class action and proposed settlement, additional information on the proposed settlement, a copy of the Settlement Agreement, and information about how to file a claim please visit www.LakeCountyJailSettlement.com, call toll free 800-332-6198, or write to the claims administrator: Lake County Jail Class Action, Claims Administrator, c/o A.B. Data, Ltd., PO Box 170500, Milwaukee, WI 53217. Please do not contact the Court or the Court Clerk’s Office for information. All inquiries should be directed to the claims administrator at the number and/or address above. QUESTIONS? CALL 800-332-6198 TOLL FREE OR VISIT www.LakeCountyJailSettlement.com

November 2012 48 Prison Legal News Notice of Class Action and Proposed Settlement on opposite page LAKE COUNTY JAIL SETTLEMENT CLAIM FORM Flood, et al. v. Dominguez, et al., 2:08 CV 153 (N.D. Ind.)

RESPONSE DEADLINE: Complete,Complete, sign, and Sign, mail and this Mailclaim Thisform pFormostmarked By by For Official Use Only Postmarked no later than ------December--, 3, 2012 2012 to: to: December 3, 2012. LakeLake County County Jail Class Class Action Action Keep a copy of the SettlementClaims Administrator, Administrator, c/o c/o A.B. A.B. Data Data Ltd. Ltd. completed claim form and P.O.PO BoxBox 1705001070500 proof of mailing, such as a Milwaukee,Milwaukee, WIWI 53217 post office receipt.

Please read the enclosed notice packet before filling out this claim form. If you have questions about the settlement or how to complete the claim form, contact the administrator of this class action at 800-332-6198. Last Name: First Name: Middle Name (if any):

Address where you currently live: Street Address:

City: State: Zip Code: Phone No.:

If you reside at a correction facility, please list it here, and provide your inmate D.O.C. ID number:

Date of Birth (Month/Day/Year): Social Security Number/I-TIN: Note: If you do not provide a valid Social Security number or I-TIN, 28% of your / / - - payment may be withheld and paid to the IRS.

If you want mail about this settlement sent to a different address from above, please complete this section: Street Address:

City: State: Zip Code: Phone No.:

Name of correction facility and inmate D.O.C. ID number (if applicable):

This settlement applies only to people who were confined in a holding cell at Lake County Jail in Indiana for a period of 24 hours or more at any time between May 13, 2006 and February 1, 2012. Please submit this claim form only if you believe you fit this description. By submitting this form, you are requesting the administrator to check the class action database to see if you are eligible for payment. If you believe the jail's records contain different information about you than what you provide above (i.e., a different name, birth date, Social Security number or I-TIN, or address), please clearly print that information in the box below. If your address changed multiple times, print the most recent address given to the jail before February 1, 2012.

I declare under penalty of perjury under the laws of the United States that the information provided on this form is mine and is true and correct to the best of my knowledge. Signature: Date:

QUESTIONS? CALL 800-332-6198 TOLL FREE OR VISIT WWW.LAKECOUNTYJAILSETTLEMENT.COM Prison Legal News 49 November 2012 News in Brief Indiana: On June 21, 2012, former Latasha Y. Walker, 44, were convicted previously worked as a corrections officer state prison guard Benjamin Hankins, 37, on June 20, 2012 of accepting $500 to at the county jail. “You need to learn that was sentenced to 64 years for killing his smuggle a cell phone to a prisoner at the you can’t do this any more,” said Judge estranged wife, Lisa, in June 2011. Hankins Adult Diagnostic and Treatment Center in Robert Lindeman, who noted that Adkins shot his wife three times when she dropped Avenel. Both received five-year sentences had also been arrested on a drug-related off their children at his home, then waited and were barred from public employment; domestic violence charge. According to several minutes before calling the authori- Livingston also forfeited his state pension. Adkins’ attorney, his client’s drug problem ties. Hankins, who was also a Gaston police The prisoner who bribed the two guards, was the result of “an injury he suffered on reserve officer, worked at the Pendleton Cor- Frank Rodriquez, 52, was charged with duty. It simply spiraled out of control.” rectional Facility at the time. He claimed he conspiracy, bribery and possession of a Oklahoma: On June 7, 2012, six was the victim of a police conspiracy. cell phone. He pleaded guilty and was prisoners at the Grady County jail were Nevada: Former Southern Desert Cor- sentenced to 10 years, to run consecu- charged with murder in connection with rectional Center guard Michael Ford, 31, tive to his current sentence. Rodriquez’s the May 2012 beating death of Anthony pleaded guilty on June 17, 2012 to felony girlfriend, Traci C. Baio, 45, who mailed John Mollman. Mollman, a federal prison- misconduct charges. Ford was prosecuted the phone to Walker to smuggle into the er, was being held at the jail while awaiting for trying to smuggle tobacco to prison- prison, received a five-year sentence. sentencing; he had reportedly agreed to ers in a large duffle bag. “Our office takes Ohio: Josh Adkins, 34, a former depu- cooperate with federal prosecutors and seriously any allegations of corruption by ty with the Miami County Sheriff’s Office, was granted immunity for his testimony public employees,” said Nevada Attorney was sentenced to six months in prison on before a federal grand jury. “Hell, yeah, General Catherine Cortez Masto. July 9, 2012. Adkins, who pleaded guilty they didn’t kill him because they just didn’t New Jersey: Two former prison to seven felony counts of using deception like him,” said Irven Box, an attorney hired guards, Ardones V. Livingston, 55, and to obtain prescription painkillers, had by Mollman’s widow. “They killed him

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November 2012 50 Prison Legal News because he was an informant.” Charged Michael F. Yagercik was charged with trying in a sexual act, and the court found he had with first-degree murder were Grant Curry, to smuggle tobacco, marijuana and rolling also had sexual contact with two other 30; Matthew Eugene Jackson, 26; Cody papers into the Allegheny County Jail. Ac- male prisoners. DNA on the shirt of one Sitlington, 31; Steven Nidey, 28; Joseph cording to an informant he was paid $500 to of the victims was matched with Spisak. Patrick Hill, 50; and Jerry Gonzales, 33. deliver the contraband, and is suspected of South Carolina: According to a June 7, The fatal attack on Mollman was caught smuggling marijuana to other prisoners at a 2012 news report, the state Department of on surveillance video. jail in Ohio. Yagercik, 32, turned himself in Corrections is having a difficult time deal- Oregon: Shawn Spevacek, 45, em- and was released on $3,000 bail; he was also ing with contraband cell phones. Prisoners ployed as a corrections deputy with the previously employed as an assistant district who participated in a June 2012 riot at the Benton County Sheriff’s Office until he attorney for Beaver County. Lee Correctional Institution in which a resigned last May, was charged on June Pennsylvania: Federal prison guard guard was held reportedly used cell 19, 2012 with one count of fourth-degree Richard Spisak, 33, employed at FDC phones to issue demands to prison officials. assault and two counts of first-degree of- Philadelphia, was sentenced to 32 months Around 2,500 cell phones are found each ficial misconduct, all misdemeanors. He in prison on June 28, 2012 for having male year in the state’s 27 prisons, which are is accused of using excessive force on a prisoners perform oral sex on him. Ac- smuggled in by prison employees and by jail prisoner. Spevacek, who had served cording to federal prosecutors, Spisak had prisoners’ friends and visitors. 21 years with the Sheriff’s Office and was rearranged the furniture in his office and South Carolina: Saluda County Sheriff named “Supervisor of the Year” in 2007, placed paper on the windows – including Jason Booth was indicted on June 14, 2012 pleaded not guilty to the charges. He was prison rules and policies – to block the on one count of misconduct in office, and turned in by another deputy. view of people on the outside in order resigned the same day. He was accused of Pennsylvania: On June 12, 2012, former to facilitate his sexual misconduct. He using a state prisoner “on loan” from the Beaver County assistant public defender pleaded guilty to one count of engaging Department of Corrections to perform

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Prison Legal News 51 November 2012 collision with a wrecker from Drake’s Tow- female prisoner admitted to the June 18, 2012 News in Brief (cont.) ing & Recovery Service. Both drivers in the incident, saying she was just trying to fit in Drake’s vehicle were hospitalized, one in with other women held at the jail. Neither work on his private property. In exchange critical condition; six prisoners and three prisoner was identified in news reports. for building a gate, digging a pond and TDCJ guards received medical treatment at Washington: On July 16, 2012, an un- constructing a “party shed” for Booth, the a local hospital. The bus was en route to the expected visitor made an appearance at the prisoner was allowed to spend nights out- Alfred D. Hughes unit in Gatesville when Monroe Correctional Complex: a bobcat. side the jail, eat at restaurants and attend the accident occurred on Interstate 45. The feline made it through the perimeter parties on Booth’s property. The former Washington: A female prisoner at the fence and then climbed on the roof of the sheriff pleaded guilty to the misconduct Kent city jail has been cited for indecent special offender unit after it was spotted by charge on August 6, 2012; he was sentenced exposure for flashing her breasts at a male guards. Prison officials contacted a local vet, to one year in prison (suspended to five prisoner, who complained to jail staff because who shot the bobcat with a tranquilizer gun. months probation) plus a $1,000 fine. he was offended and “did not like it.” Jail It was then captured and removed; after the Texas: On July 7, 2012, a TDCJ prison officials then notified the police, as the male cat receives treatment for an injured paw and transport bus was involved in a head-on prisoner said he wanted to file charges. The hindquarters, it will be released.

Criminal Justice Resources

ACLU National Prison Project May Street, Suite 100, Chicago, Illinois 60607 Justice Denied Handles state and federal conditions of (312) 789-4955. www.exonerationproject.org Although no longer publishing a print confinement claims affecting large numbers Family & Corrections Network magazine, Justice Denied continues to of prisoners. Publishes the NPP Journal provide the most comprehensive coverage of (available online at: www.aclu.org/national- Primarily provides online resources for fami- wrongful convictions and how and why they prison-project-journal-fall-2011) and the lies of prisoners related to parenting, children occur. Their content is available online, and Prisoners’ Assistance Directory (write for of prisoners, prison visitation, mothers and includes all back issues of the Justice Denied more information). Contact: ACLU NPP, 915 fathers in prison, etc. Contact: F&CN, 93 Old magazine and a database of more than 3,000 15th St. NW, 7th Fl., Washington, DC 20005 York Road, Suite 1 #510, Jenkintown, PA wrongly convicted people. Contact: Justice (202) 393-4930. www.aclu.org/prisons 19046 (215) 576-1110. www.fcnetwork.org Denied, P.O. Box 68911, Seattle, WA 98168 (206) 335-4254. www.justicedenied.org Amnesty International FAMM Compiles information about prisoner torture, FAMM (Families Against Mandatory National CURE beatings, rape, etc. to include in reports about Minimums) publishes the FAMMGram three Citizens United for Rehabilitation of Errants U.S. prison conditions; also works on death times a year, which includes information about (CURE) is a national organization with state penalty issues. Contact: Amnesty Interna- injustices resulting from mandatory minimum and special interest chapters that advocates for tional, 5 Penn Plaza, New York NY 10001 laws with an emphasis on federal laws. Recom- rehabilitative opportunities for prisoners and (212) 807-8400. www.amnestyusa.org mended donation of $10 for a subscription. less reliance on incarceration. Publishes the Contact: FAMM, 1612 K Street NW #700, CURE Newsletter. $2 annual membership for Center for Health Justice Washington, DC 20006 (202) 822-6700). prisoners. Contact: CURE, P.O. Box 2310, Na- Formerly CorrectHELP. Provides informa- www.famm.org tional Capitol Station, Washington, DC 20013 tion related to HIV in prison – contact them if The Fortune Society (202) 789-2126. www.curenational.org you are not receiving proper HIV medication or are denied access to programs due to HIV Provides post-release services and programs November Coalition status. Contact: CHJ, 900 Avila Street, Suite for prisoners in the New York City area and Publishes the Razor Wire, a bi-annual 102, Los Angeles, CA 90012. HIV Hotline: occasionally publishes Fortune News, a free newsletter that reports on drug war-related (214) 229-0979 (collect calls from prisoners publication for prisoners that deals with issues, releasing prisoners of the drug war OK). www.centerforhealthjustice.org criminal justice issues, primarily in New York. and restoring civil rights. A subscription is Contact: The Fortune Society, 29-76 Northern $10 for prisoners and $30 for non-prisoners. Critical Resistance Blvd., Long Island City, NY 11101 (212) 691- Contact: November Coalition, 282 West Seeks to build an international movement to 7554. www.fortunesociety.org Astor, Colville, WA 99114 (509) 684-1550. abolish the Prison Industrial Complex, with Innocence Project www.november.org offices in Florida, California, New York, Tex- as and Louisiana. Publishes The Abolitionist Provides advocacy for wrongly convicted The Sentencing Project newsletter. Contact: Critical Resistance, 1904 prisoners whose cases involve DNA evidence The Sentencing Project is a national policy re- Franklin Street #504, Oakland, CA 94612 and are at the post-conviction appeal stage. search and advocacy organization that works (510) 444-0484. www.criticalresistance.org Maintains an online list of state-by-state in- for a fair and effective criminal justice system nocence projects. Contact: Innocence Project, by promoting sentencing reform and alterna- The Exoneration Project 40 Worth St., Suite 701, New York, NY 10013 tives to incarceration. They produce excellent The Exoneration Project is a non-profit (212) 364-5340. www.innocenceproject.org reports on topics related to sentencing policy, organization dedicated to working to free Just Detention International racial disparities, drug policy, juvenile justice prisoners who were wrongfully convicted. and voting rights/disenfranchisement, which The Project represents innocent individuals in Formerly Stop Prisoner Rape, JDI seeks to end sexual violence against prisoners. Provides are available online. Contact: The Sentencing post-conviction legal proceedings; typical cas- Project, 1705 DeSales St. NW, 8th Fl., Wash- es involve DNA testing, coerced confessions, counseling resources for imprisoned and released rape survivors and activists for almost ington, DC 20036 (202) 628-0871. www. police misconduct, the use of faulty evidence, sentencingproject.org junk science and faulty eyewitness testimony, every state. Contact: Stop Prisoner Rape, 3325 and ineffective assistance of counsel claims. Wilshire Blvd. #340, Los Angeles, CA 90010 Contact: The Exoneration Project, 312 North (213) 384-1400. www.justdetention.org

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With Liberty for Some: 500 Years of Imprisonment in America, by Scott Spanish-English/English-Spanish Dictionary, Random House. $8.95. Two Christianson, Northeastern University Press, 372 pages. $18.95. The best overall sections, Spanish-English and English-Spanish. 60,000+ entries history of the American prison system from 1492 through the 20th Century. A from A to Z; includes Western Hemisphere usage. 1034 must-read for understanding how little things have changed in U.S. prisons over hundreds of years. 1026 Writing to Win: The Legal Writer, by Steven D. Stark, Broadway Books/Random House, 283 pages. $19.95. Explains the writing of effective com- plaints, responses, briefs, motions and other legal papers. 1035 Prison Nation: The Warehousing of America’s Poor, edited by Tara Herivel and Paul Wright, 332 pages. $35.95. PLN’s second anthology Actual Innocence: When Justice Goes Wrong and How to Make it Right, exposes the dark side of the ‘lock-em-up’ political agenda and updated paperback ed., by Barry Scheck, Peter Neufeld and Jim Dwyer; 403 pages. legal climate in the U.S. 1041 $16.00. Describes how criminal defendants are wrongly convicted. Explains DNA testing and how it works to free the innocent. Devastating critique The Celling of America, An Inside Look at the U.S. Prison Industry, of police and prosecutorial misconduct. 1030 edited by Daniel Burton Rose, Dan Pens and Paul Wright, 264 pages. $22.95. PLN’s first anthology presents a detailed “inside” Webster’s English Dictionary, Newly revised and updated, Random look at the workings of the American justice system. 1001 House. $8.95. 75,000+ entries. Includes tips on writing and word usage, and has updated geographical and biographical entries. Includes Prisoners’ Guerrilla Handbook to Correspondence Programs in the recent business and computer terms. 1033 U.S. and Canada, updated 3rd ed. by Jon Marc Taylor, Ph.D. and edited by Susan Schwartzkopf, PLN Publishing, 221 pages. $49.95. Written by Everyday Letters for Busy People, by Debra Hart May, 287 pages. Missouri prisoner Jon Marc Taylor, the Guerrilla Handbook contains contact $18.99. Hundreds of sample letters that can be adapted for most any pur- information and descriptions of high school, vocational, para- pose, including letters to government agencies and officials. legal and college correspondence courses. 1071 Has numerous tips for writing effective letters. 1048 The Criminal Law Handbook: Know Your Rights, Survive the System, by Roget’s Thesaurus, 717 pages. $8.95. Helps you find the right word for Attorneys Paul Bergman & Sara J. Berman-Barrett, Nolo Press, 608 pages. what you want to say. 11,000 words listed alphabetically with over 200,000 $39.99. Explains what happens in a criminal case from being arrested to sentenc- synonyms and antonyms. Sample sentences and parts of speech shown for ing, and what your rights are at each stage of the process. Uses an every main word. Covers all levels of vocabulary and identi- easy to understand question-and-answer format. 1038 fies informal and slang words. 1045 Represent Yourself in Court: How to Prepare & Try a Winning Case, by Beyond Bars, Rejoining Society After Prison, by Jeffrey Ian Ross, Ph.D. Attorneys Paul Bergman & Sara J. Berman-Barrett, Nolo Press, 528 pages. and Stephen C. Richards, Ph.D., Alpha, 240 pages. $14.95. Beyond Bars is a $39.99. Breaks down the civil trial process in easy-to-understand steps so you practical and comprehensive guide for ex-convicts and their families for can effectively represent yourself in court. The authors explain managing successful re-entry into the community, and includes information what to say in court, how to say it, etc. 1037 about budgets, job searches, family issues, preparing for release while still incarcerated, and more. 1080 Law Dictionary, Random House Webster’s, 525 pages. $19.95. Comprehensive up-to-date law dictionary explains more than 8,500 legal terms. Jailhouse Lawyers: Prisoners Defending Prisoners v. the U.S.A., by Covers civil, criminal, commercial and international law. 1036 Mumia Abu Jamal, City Lights Publishers, 280 pages. $16.95. In Jailhouse The Blue Book of Grammar and Punctuation, by Jane Straus, 110 Lawyers, Prison Legal News columnist, award-winning journalist and death- row prisoner Mumia Abu-Jamal presents the stories and reflections of pages. $14.95. A guide to grammar and punctuation by an ed- ucator with experience teaching English to prisoners. 1046 fellow prisoners-turned-advocates who have learned to use the court system to represent other prisoners. 1073 Legal Research: How to Find and Understand the Law, by Stephen Elias and Susan Levinkind, 568 pages. $49.99. Comprehensive and easy to under- A Dictionary of Criminal Law Terms (Black’s Law Dictionary® Se- , by Bryan A. Garner, 768 pages. . This handbook contains po- stand guide on researching the law. Explains case law, statutes ries) $39.00 and digests, etc. Includes practice exercises. 1059 lice terms such as preventive detention and protective sweep, and phrases from judicial-created law such as independent-source rule and open-fields Deposition Handbook, by Paul Bergman and Albert Moore, Nolo Press, 352 doctrine. A good resource to navigate your way through the pages. $34.99. How-to handbook for anyone who conducts a maze of legal language in criminal cases. 1088 deposition or is going to be deposed. 1054 The Habeas Citebook: Ineffective Assistance of Counsel, by Brandon Finding the Right Lawyer, by Jay Foonberg, ABA, 256 pages. $19.95. Sample, PLN Publishing, 200 pgs. $49.95. This is PLN’s second published Explains how to determine your legal needs, how to evaluate book, which covers ineffective assistance of counsel issues a lawyer’s qualifications, fee payments and more. 1015 in federal habeas petitions. Hundreds of case cites! 1078 * ALL BOOKS ARE SOFTCOVER / PAPERBACK * Prison Legal News 53 November 2012 Hepatitis and Liver Disease: What You Need to Know, by Melissa Palmer, The Redbook: A Manual on Legal Style, by Bryan A. Garner, 2nd edi- MD, 457 pages. $17.95. Describes symptoms & treatments of hepatitis B & C and tion, 544 pages. $48.00. This book provides a comprehensive guide to the essential elements of legal writing, including grammar and other liver diseases. Includes medications to avoid, what diet to follow and exercises to perform, plus a bibliography. 1031 style, with a discussion of writing rules and exceptions. 1089 10 Insider Secrets to a Winning Job Search, by Todd Bermont, 216 Criminal Law in a Nutshell, by Arnold H. Loewy, 5th edition, 387 pages. pages. $15.99. Roadmap on how to get a job even under adverse circum- $38.00. This guide provides an overview of criminal law. Expert discussion stances—like being an ex-con. Includes how to develop a winning attitude, explores punishment, specific crimes, special defenses, the write attention-grabbing résumés, prepare for interviews, net- burden of proof and much more. 1086 working and much more! 1056 Advanced Criminal Procedure in a Nutshell, by Mark E. Cammack and Arrest-Proof Yourself, by Dale Carson and Wes Denham, 288 pages. Norman M. Garland, 2nd edition, 505 pages. $38.00. This text is designed $14.95. This essential “how not to” guide written by an ex-cop explains for supplemental reading in an advanced criminal procedure course on the post-investigation processing of a criminal case, including how to act and what to say when confronted by the police to minimize the chances of being arrested and avoid additional charges. Includes informa- prosecution and adjudication. 1090 tion on basic tricks that police use to get people to incrimi- , by Jerold H. Israel and nate themselves. 1083 Criminal Procedure: Constitutional Limitations Wayne R. LaFave, 7th edition, 603 pages. $38.00. Intended for use by law Arrested: What to Do When Your Loved One’s in Jail, by Wes Den- students, this is a succinct analysis of constitutional standards ham, 240 pages. $16.95. Whether a defendant is charged with misdemeanor of major significance in the area of criminal procedure. 1085 disorderly conduct or first-degree murder, this is an indispensable guide for , Keyed to Johnson, 7th those who want to support family members, partners or High Court Case Summaries on Criminal Law edition. $38.00. Extensive criminal case law analyses, includ- friends facing criminal charges. 1084 ing procedural basis, facts, decision and rationale. 1087 Prisoners’ Self-Help Litigation Manual, updated 4th ed. (2010), by John Soledad Brother: The Prison Letters of George Jackson, by George Boston and Daniel Manville, Oxford Univ. Press, 960 pages. . The $39.95 Jackson, Lawrence Hill Books, 339 pages. $18.95. Lucid explanation of the premiere, must-have “Bible” of prison litigation for current and aspiring politics of prison by a well-known prison activist. More relevant jail-house lawyers. If you plan to litigate a prison or jail civil now than when it first appeared 40 years ago. 1016 suit, this book is a must-have. Highly recommended! 1077 PLN Cumulative Index. $22.50 each. PLN Article Indexes provide de- How to Win Your Personal Injury Claim, by Atty. Joseph Matthews, 7th tailed information about all PLN articles, including title, author, issue, page edition, NOLO Press, 304 pages. $34.99. While not specifically for prison- number, topics covered, citations, and if it is state, BOP or jail specific. Can related personal injury cases, this book provides comprehensive informa- be searched on over 500 subjects such as medical neglect or sexual assault. Circle the index(es) you are ordering: tion on how to handle personal injury and property damage 1990-1995, 1996-1998, claims arising from accidents. 1075 1999-2001, 2002-2004 (more recent indexes not yet available)

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November 2012 56 Prison Legal News