Tag Archives: Crime and Justice

On Mothers, Mothering and Mass Incarceration

13 May

In this Mother’s Day tribute, law professor and advocate Sheila Bedi learns how “having a child is like letting your heart walk around outside your body.”

By Sheila Bedi , Truthout

Hand holding fence

(Image: Hand holding fence via Shutterstock)

 

 

When I was a teenager, my mother posted this quote on her mirror: “having a child is like letting your heart walk around outside your body.” Back then, the sentiment made me roll my eyes, but even then I knew I had an exceptional mother. She is fierce, yet gentle, demanding, supportive and self-sacrificing. My mother taught me to feel deeply, think rigorously and to find my own voice and use it loudly. I’ve carried a piece of my mother and her teachings into my work as an attorney and activist who works with and for people caught up in the criminal justice system. And I recognize my own mother’s fierceness and love in so many of the mothers I have worked with over the years – the mothers of children and young people who are imprisoned in this country’s prisons and jails.

I’m talking about mothers like Mrs. W. I represented her fifteen year old son, who was locked up in a maximum security adult prison. One day she and I drove together to the prison to meet with the Warden to discuss her son’s education. Once we arrived, the security staff wanted to shake her down – remove her head scarf, shake out her bra. I tried to put a stop to the intrusive and humiliating search, but Mrs. W. told me to fall back – she told me that the prison staff had her baby’s life in their hands and she wasn’t about to piss them off over her head scarf and a pat down. She directed me to save my fire for what mattered – protecting her son.

Mothers like Mrs. G., who testified before the state legislature about seeing the light going out in her fourteen year old son’s eyes after he spent months in solitary confinement. She told lawmakers about the pain and powerlessness she felt as she watched her son endure tortuous conditions in a juvenile prison. She channeled her pain into working to protect other children who were imprisoned in abusive prisons.

Let’s be clear about who these mothers’ children are. The vast majority of young people who end up behind bars are there because of non-violent offenses. They are overwhelming poor and come from communities of color. Communities where schools look more and more like jails. Communities targeted by prisons run on the cheap by corporations that exist solely to enrich shareholders.

Private prison companies only make money when they ensure that the revolving door to and from prison remains well-greased. Mass incarceration and the war on drugs have ravaged many of the communities these mothers and their children came from. But even in the face of these realities, many of these communities have developed strength and resilience: a deep faith, a strong sense of interconnectedness and family. My experience has been that when one looks to find the source of this strength – it’s the mothers. Watching each other’s children, attending a know-your-rights meeting in between working all day and getting dinner on the table, calling 100 phone numbers to find an advocate who can help her help her child. It’s the mothers who end up holding it all together.

After well over ten years of representing people who are locked up, I have had the privilege to know many mothers who move heaven and earth to fight for their children. Too often these mothers must fight against a criminal justice system that targets black and brown youth. Mothers who save and scrimp and travel hundreds of miles to visit their children behind bars for an hour a week. Mothers who endure in the face of learning that their children survived the unspeakable abuse that is endemic to our nation’s prisons and jails: sexual violence, prolonged shackling, months in solitary confinement, beatings, stabbings. I could go on and on listing the tortuous conditions that exist in this nation’s prisons and jails. Much of that story has already been told in lawsuits and consent decrees. What remains untold and largely ignored, is the strength and resilience of the people who lived through these abuses – the children and young people, their families and communities. And the mothers. Especially the mothers.

After spending over a decade working with mothers like Mrs. G. and Mrs. W. and after having many conversations with my own mother about the pain and the joy of mothering, I thought I had an understanding about what it meant to be a mother. And then a year ago, I became a mother myself. And I realized that I had no idea. None.

Motherhood is hard and wonderful and terrifying and humbling. During this past year, I’ve struggled to become the kind of mother my son deserves, I’ve thought often about the mothers I’ve known. The best part of my day is when I rock my baby boy to sleep, and I whisper to him: you are safe, you are loved, and I can’t wait to see how you’re going to love the world back. I simply do not know how I could keep breathing if he wasn’t safe. If he ever had to endure the conditions endured by the imprisoned children I’ve worked with and for. Yet, because of the United States’ addiction to incarceration, millions of mothers do it every day. They not only keep breathing – but they keep fighting. These mothers leave me in awe.

Continue Reading @ TruthOut

Formerly Incarcerated People’s Quest for Democracy

28 Apr

An Open Call to Support on May 13, 2013

Formerly Incarcerated People, Their Families, Friends, Allies and Comrades
We are seeking your participation in a very unusual event – a day-long grassroots lobbying visit to the California State Capitol led by formerly incarcerated people. As formerly incarcerated people we have been told on more than one occasion: “you have the right to remain silent!” However, when the suffering becomes too unbearable and negatively impacts all aspects of our personal, professional, family and community life, we have an obligation to speak up. The need to speak up is especially acute when it appears that this suffering has been designed to outlast our jail or prison sentences.

On May 13, 2013, we invite our brothers and sisters, supporters, allies, friends and comrades to join us and support the formerly incarcerated members of our community who have been rendered silent.

On several occasions we have been asked, why this year?  Why not go to Sacramento some other time?  Here’s why THIS time is an opportune time.  There are currently a number of bills being considered that directly relate to our capacity to thrive as human beings.  The stakes are high: our right to vote, our right to work, our right not to languish in a gang-database for the rest of our lives, and our ability to seek expungement relief – all these issues are being considered. We are witnessing the greatest change in the criminal injustice system in over 50 years. If this is not the time, then when?

We are just now beginning to secure support for the buses that will be rolling out of both Northern and Southern California. We are lining up various legislators to support this effort. We are beginning to contact the various caucuses in the State House for support.

If you are formerly incarcerated – Please join us! And to all other people of good will, please come out and support formerly incarcerated people in our fight for inclusion. Come out and support us speaking in our own voice. Help us speak truth to power and regain our dignity.

Jerry Elster

Organizer, All of Us or None

(415)625-7042                                                     

jerry@prisonerswithchildren.org     

 

 

Fanya Baruti

Organizer, All of Us or None

(562)688-0472

   Fanya@newwayoflife.org

 

SUPPORTING THE CALL:

All Of Us Or None (Statewide)

Project Rebound-Associated Students Inc (SFSU)

Center for Young Women’s Development /CYWD (San Francisco)

New Way Of Life (Los Angeles)

Fathers and Families of San Joaquin

Safe Return (Richmond)        

Contra Costa County Interfaith Supporting Community Organization/CCISCO

PICO California       

CURYJ  (Oakland)

California Coalition of Women Prisoners / CCWP

OneFam (Oakland)

United Playaz (San Francisco)

Homies Unidos (Los Angeles)

Starting Over (Riverside)

Life Support Alliance (Sacramento)

San Francisco Bay View National

Black Newspaper

Occupy 4 Prisoners (Bay Area)

Youth Justice Coalition (Los Angeles)

Formerly Incarcerated and Convicted People’s Movement /FICPM (Nat’l)

Legal Services for Prisoners with Children (San Francisco)

Families to Amend Three Strikes (Sacramento)  

Office of Restorative Justice of the Los Angeles Archdiocese

Justice Reform Coalition

Associated Prison Ministries

United for Change

NMT/The Ripple Effect

FYI Trilogy

Insight Prison Project   

Prison Watch Network

California Families Against Solitary

Confinement /CFASC

CURB Coalition

Prison Reform Movement

 


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Mule Creek State Prison: Abuse, Neglect, Cover ups & MURDER….

3 Apr

The state of California, Governor Brown and CDCr can no longer deny what is truly going on inside its 33 prisons.  While they play their “human chess game”  ( read…Re Alignment) at the expense of the taxpayers, and public safety- the fact remains that prisoners are STILL dying and lacking adequate medical care. Realignment has been proven to have no lasting affect on the serious over crowding.

Women prisoners have been forced into one facility, where severe overcrowding is rampant. The women have been begging for tampons, and media attention. Yet Governor Brown screams he wants the Feds out, no more federal oversight. Here is an email I just received detailing years of abuse at Mule Creek State Prison.

While guards are raking huge salaries and great benefits walking the “toughest beat in the state,” people are losing their lives due to indifference, a lack of  morals, job responsibility and accountability. Do you really think CDCr deserves to be without Federal Oversight? Read this and then answer….

Hi Carol,
Sorry it took me a minute to get back to you…  I decided to get my facts straight on what I am going to share with you.
First, I want to share this with you about a man named Ty Lopes who died while custody at Mule Creek prison in 2011, I have been following this story since it happened and sources close to me  have stated the same thing over and over.  On the eve of  Ty Lopes murder by he cell mate  witnesses remember hearing and seeing what happened.  The cell mate went to the C/O to complain, he wanted Ty out of his cell or he would kill him, he repeated over and over, the C/O  told him to get out of  his site and return to the cell.  The Cell mate complied and returned to his cell; when went back he began to threaten Ty Lopes, by telling him over and over he was going to kill him if he didn’t get the C/O  to move him that day.  The cellmate was enraged beyond belief, many people surrounding the area heard it and Ty was nervous.
Ty Lopes spent most of the morning trying to get the on duty C/O  to move him.  The C/O  told Lopes, no he would not move him and to deal with it, Ty begged the C/O  and the C/O  told Ty Lopes “I need to go to lunch” and sent him back to the cell.  The guard never reported this to another C/O or to his next in charge.  But by the time staff checked on Ty Lopes and his cellmate again, there was blood all over the floor, matter a fact it was coming out from underneath the door according to eye witness accounts.  Eye witness accounts state that a broom handle was used to sodomize Ty Lopes, he was dead, strangled and sodomized.  During the altercation of the two men, Ty Lopes was heard for several hours screaming and begging for someone to come to his rescue, guards did nothing. When he was found it was to late.
It is clear that there is a problem here, but there was never any mention about this to the media.  It is clear that the guards did nothing to prevent a murder, it is clear that guards at Mule Creek did not apply safety and security for the prison during this moment, if anything they over looked a murder in the making.  But we all know the guards will be covering for each other on this one, which they have.  This instance clearly reminds me of the gladiator mentality  of other prisons in past years.  So many have been hurt or killed because the guards find amusement in watching or making this happen.  Guards with child like mentally of pranks gone bad… Playing or Bullying mentality of the weaker person…
These are just the publicized ones below:  But in this last month there has been at least 5 or more incidents of stabbing and numerous violent out burst leaving many unpublicized, with guards doing nothing to stop the out breaks that many men are facing at Mule Creek today.  Fighting has been going on and off at Mule Creek for years, stabbings have occurred at least 7 I can recall, with several fatal ones that have placed the prison on lockdown none of which made it to the media.

 9/3/09  David Noles age 73, supposedly found dead 4:05 pm Sunday strangulation by his cell mate.

 
 August of 2009 John Linley Frazier age 62, found hanging in cell so called suicide.
In 7/30/2007  Robert Bardo, 37 was stabbed 11 times by inmates;  guards did not do anything after bringing  him back from the ER -they released  him to the general population again…  He ended up in another fight the next day…
It is very sad that instead of helping these men to over come conflict, they continue to breed retaliator  behavior within the institution placing some men there in bad situations where they are forced to defend themselves or be killed.  Even at the hand of the guards who continuously cover up to defend the murderous rampages they promote.  In my personal view, it will become again a way to murder lifers and LWOP rather than them dying of natural causes.  I see the writing on the wall, it is coming!
The lies and cover ups are endless….
Mule Creek locked down the prison when these incidents broke out through the day and a 6th incident that evening, last Wednesday13th through Friday 22nd -there were no phone calls to loved ones.  The incident on the yards are continuing, thanks to guards promoting it, even today 4/2/2013 guards intercepted a letter from an inmate who wanted to turn evidence of the drug operation at Mule Creek and guards shared with serveral well known prisoners showing that this inmate being held in AD Seg  is turning evidence over to the authorities in exchange for a reduced sentence since he him-self was just found with drugs in his possession; he was doing it to reduce the time he will have added to his stay…  You know what will be next if he is released from AD Seg…
Mule Creek C/o’s have a long history of cover up, Lies and twisted stories and even with the mentally ill and treating sick prisioners. 
As I learn more I will try to share with you….

Report Outlines Abuses by California Prison Staff

3 Apr

English: Image is similar, if not identical, t...

English: Image is similar, if not identical, to the California Department of Corrections and Rehabilitation patch. Made with Photoshop. (Photo credit: Wikipedia)

A California parole agent was accused of soliciting one of his parolees
to kill another. Numerous corrections department employees allegedly had
sex with inmates, including juveniles.

And a prison guard was suspected of carousing regularly with prisoners,
even joining them as they drank a form of booze the inmates manufactured
themselves.

The incidents are among 278 cases of alleged employee misconduct
detailed in the latest report by the independent inspector general of
the state corrections department.

The abuses highlighted in the reports produced every six months raise
questions about how effectively the state prison system hires and
polices its sworn peace officers.

The Department of Corrections and Rehabilitation has promised to better follow existing policies and procedures.

But a top prison official said no dramatic policy or training changes are planned as a result of the reports.

“We’re pretty comfortable or satisfied with the level of screening or
prevention that we do already in the department. We have a pretty high
bar as it is,” said Martin Hoshino, acting undersecretary for
operations.

The department has improved since the days when officers were found to
have encouraged inmates to engage in what were known as “gladiator
fights” or developed a code of silence to protect officers who broke the
rules, he said.

“Do we have examples of misconduct? Sure, but I think that’s true for any large organization,” Hoshino said.

The union representing prisons guards did not respond to a request for
comment Wednesday on the report, which details cases that were closed
during the second half of 2012.

In his previous report in October, the inspector general criticized the
corrections department’s Southern California internal affairs office for
doing a particularly poor job of investigating and prosecuting such
complaints.

That region still has the worst record, with nearly a third of allegations handled improperly.

However, many of the allegations of employee abuse predate the
department’s most recent promises about following its existing rules.

Inspector General Robert Barton says in the latest report that he is optimistic the record will improve.

Details such as where the incidents occurred or what happened to the
employees involved are scarce because the inspector general’s role is to
evaluate whether the department property investigated the reported
malfeasance.

The inspector general’s office selected the most egregious cases from
among 1,074 incidents investigated by the department’s internal affairs
office.

In one case, a prison guard allegedly stripped off his duty weapons to
duke it out with an inmate, then encouraged other guards to cover up the
fight.

Among the allegations of improper sexual relations was a case involving a
year-long series of complaints that a high-ranking official at a
juvenile facility repeatedly fondled two wards, had sexual skin-to-skin
contact with another ward, and watched wards engaging in sexual acts.

The department outlined similar behavior in its report last fall,
including the case of one prison employee accused of bearing an inmate’s
child and another who purportedly sent nude photos of herself to an
inmate’s contraband cellphone.

Overall, nearly half the allegations in the most recent report involved
neglect of duty or dishonesty, while 8 percent alleged unreasonable use
of force.

Sexual misconduct was alleged in 2 percent of the reports, 9 percent
involved overfamiliarity with inmates, and 5 percent detailed
trafficking of contraband — often cellphones that have become a major
security risk behind bars.

By DON THOMPSON

Associated Press

Link to article

 

Slick Con Artist Scamming Prisoners Families: Esteban Rogelio Garcia aka Texas Writ Writer

17 Mar

4/10/13

UPDATE ON SCAM ARTIST ESTEBAN GARCIA & TEXAS WRIT WRITERS!!! 

Esteban has closed the doors & emptied everything out of the office located at 2401 Scott Avenue, Ft. Worth, TX. His wife has thrown him out & he is living in the warehouse where he has his other “scam”… Aquatech. He’s moved the TWWA into this warehouse as well & from my sources – who are very well aware of his every move – things are in complete disarray. Nothing new for Esteban, no organization with him whatsoever. His downward spiral has begun!!!

I admit, I am a Facebook addict. I have made many important connections there as well as good friends. It’s an interesting place with lots of stuff

Image representing Facebook as depicted in Cru...

Image via CrunchBase

going on all the time.  Many activists and advocates supporting various causes use facebook. Regardless of privacy issues, facebook is one of the hot  places to share information, garner support and have fun. Today I came across a very serious post. One of my friends who is also active in prison reform stated she had been scammed- actually robbed of $8,000. The man she trusted to HELP her and her husband turned out to be a fraud. After much investigating what she discovered  is more than alarming. I am going to post her findings here. Its all about truth and anyone that knows me, knows I will expose the fraudsters that prey on others. I absolutely despise people that target and take  advantage of others.

It seems that prisoners and their families are easy targets. After dealing with the criminal justice system, they are vulnerable, dismayed, confused, hurt and angry. They need and want help. Most they are desperate. Its not easy having a loved one locked up. The families are treated like criminals,  simply because of their association to a prisoner. When they seek help and reach out, it is usually a very serious issue that must be addressed immediately and properly. Its a damn shame when a scammer enters the picture and begins the routine- it starts with many promises and ends only with the family in more pain, and much money lost. Esteban Rogelio Garcia is is a predator. Using the name of  “Texas Writ Writers Association” one would think he is totally above board. Using Christianity and God is one of his hooks. After all, a man purporting strong faith would never harm others, right?

Esteban Rogelio Garcia

Mugshots.com ID: 20045684
Gender: Male
Race: White
Height: 5′ 7″ (1.70 m)
Weight: 180 lb (82 kg)
DOB: 9/10/1951
Address: 1900 B Reece St
City: Bryan
State: Texas
Zip: 77803
Attorney: Gustitis, Stephen (Bar # 08634600)
Filed on: 4/26/1995
Crime Name: 02/28/94-CRIMINAL NONSUPPORT
Crime Type: Misdemeanor A
Current Status: Disposed

The original post from facebook today:

( I have redacted the name of the person who sent this to me)

URGENT!!! For most all of my FB friends, we are all dealing with a loved one incarcerated & we are all desperately trying to help that loved one. I am begging you, please, do yourself a huge favor, before you decide to “hire” ESTEBAN GARCIA OR THE TEXAS WRIT WRITERS out of Ft. Worth, TX, PLEASE…. do your due diligence! Spend the money & get a criminal history report on this man!! I can tell you that he is indeed a scam artist – the best I’ve ever come across. His history includes numerous charges & convictions of fraud, identity theft, bad checks, weapons charges just to name a few, from 1974 through 2009. He has highjacked the life story of Fred Cruz & is passing it off as his own. Not one person on his “staff” has any legal credentials whatsoever & Dawn Rhoden his former Assistant DA was Disbarred by the State of  TX. Victims in the State of Tennessee alone have lost over $20,000. to this man all of which went directly into this man’s pocket! The Missouri Writ Writers closed their doors in 2004 except for on his bank account. There are NO cases him, the TWWA or the MWWA have overturned, no Writs EVER filed!! Again, take the time & do your homework prior to getting involved with this man & bogus operation!!! Right now we know there are current victims in TX, MO, TN, FL, CT, IL, CA & IA & I am afraid there are more states that we don’t even know about. There are numerous State, Local & Federal Agencies involved who have verified this man is running a scam so if you chose to not believe me, call any one of them & check for yourself!!

The following is a private message to me- my notes are in black

Just got in from visit with my husband & saw your repost of my original about Esteban. I’d be happy to share my 65 page background check of him with you however it’s file is too massive to download via FB. If you’d like me to send it to you, send me your actual email address & I will be more than happy to email it to you! ( I did receive a large PDF file and I can’t figure out how to load it here).
This man is a con all the way but at the same time very slick Carol, a lifelong career criminal. He’s never had anything, not even a home, vehicle, etc. in his name. That motorhome he’s living in now is in his wife’s name. He’s highjacked the story of Fred Cruz & is passing it off as his own…. will send you that link as well. (about being the 1st Mexican in TX to overturn a fellow inmate’s murder conviction, true story but not Esteban’s) Will send you several links…..
Sorry to bombard you with all of these but I want you to have documents to back up your claims! There is one lady who refuses to believe even though I have shared all of this & then some with her, (redacted). She has spoken to no less than 7 or 8 of us who have all been taken by this scumbag for thousands of dollars & yet she still refuses to believe & accuses all of us of “bashing” him. My husband & I alone lost $8,000. to him Carol. We were one of the lucky ones in that I did get my husband’s 81 1/2 lbs worth of legal files BACK from him thanks to a previous employee of his! However there are other victims here in TN who he is refusing to release their files & we have had to file theft charges on him for these legal files! It’s a nightmare trust me. What he’s done to us just here in TN, he’s taken 7 inmates & their families & over $20,000. just in TN. Carol, that report I just emailed you only spans from 1995 through 2009… there are even more from the early 70′s up until 1995…
Yes, you feel free to spread the word any way possible! We have the documentation to back up every single thing we are saying! He had our legal files for just shy of 8 months & when I got them back not one file with the exception of the Technical Records had even been touched!! Yet they were working hard on his case all that time with “8 paralegals” pursuing it daily!!! WRONG! Besides that not one employee in that office has any legal credentials whatsoever! He posted in Dec. how they hired former DA Dawn Rhoden & how lucky they were to have her – how she was just tired of working for the bad guys & now wanted to help the good guys – all for $10.00 an hour. How lucky they were! You know why? Because she’s been disbarred by the state of TX that’s why!

There is no trace whatsoever of ANY case that him, the TWWA or the MWWA has ever overturned let alone 120+ that he claims. Not a name, case number, nothing & he won’t give you any info on them either! Not a letter of reference you can verifty either.

We’ve reported him & the TWWA (which has only been in operation since last year) to the TX Bar Assoc., the TX UPL (Unauthorized Practice of Law Committee), the FW P.D., the Dallas FBI office, the TN FBI office in Knoxville & the TN DOC Law Enforcement office.

This week I file withthe TBI (TN Bureau Invest.). He’ll never set foot back in another TN prison I do know that & if he tries, their going to “let” him & then when he shows up they’ll arrest him on the spot. This scumbag has most definitely slipped through the cracks of the justice system Carol!The judgement from the Brazos County Atty. General is for $73K & I spoke to them last week. They had his last known address listed as Beatrice, NE. I gave them his TX address & they were thrilled. Not sure if they will pick him up & place him under arrest & take him to jail or not. In TN he’d go directly to jail, do not pass go & no collecting $200. – no get out of jail free card….. He owes it for child support he failed to pay. He claims he BEAT the lawsuit!! According to the Atty General when I spoke to them man the other day, Mr. Garcia did NOT win the case & does owe the money!!
The MWWA closed their doors in 2004 yet the bank account is in his name & the MWWA, not the TWWA…. a little odd if you ask me for a business that no longer exists! I have cancelled checks to show the “for deposit only” stamp on the bank of each if anyone doubts this! 

(Note:  I searched for TWAA on the IRS website for tax exempt organizations-I did not find Texas Writ Writers Association listed)

Esteban’s got at least 6 or 7 aliases!!! The one he uses the most is Steve Ray Garcia.

The FBI  verified that he’s obviously a con artist, nothing legit about him anywhere – said he knows the system & how he knows how to ride that fine line between legal/illegal type thing. He has his “contracts” for the TWWA written so that they state he’s doing the work “free of charge/pro bono” then the “donation” receipts are just that, donations. I can back up all of this with the documents!

Since the original post, a few more people have come to me and confirmed this guy is bad news. I share this with you because we all need to know. Those of us who have loved ones in the system are victims. Victims of the cruel and inhumane ‘justice system’. We must stand up and fight back, especially against predators like Esteban Rogelio Garcia. If you ever thought of doing business with him or TWWA, you had better think twice and walk away now. I absolutely believe this guy is a fraud and has only caused more pain and suffering. I have studied the links sent  to me, the pdf file, and the person who sent me the private message above is a stand up, reliable individual.

If you have contracted Esteban Rogelio Garcia aka Texas Writ Writers Association  to do any legal work for you on behalf of a loved one, please contact me via the comments section.

Links sent to me:

writwriters ( Twitter)

@writwriters1

We are a non-profit legal aid organization who assists U.S. prisoners illegally convicted of any crime.

Nation-wide · http://www.missouriwritwritersassociation.com

For Real Prison Reform, Longer is Not Always Better

25 Jan

By Lizzie Buchen

Last week, while defiantly declaring the end of California’s prison crisis, Gov. Jerry Brown insisted further reductions in prison overcrowding “cannot be achieved without the early release of inmates serving time for serious or violent felonies,” a move that would “jeopardize public safety.” In other words, now that Realignment is sending low-level offenders to local custody instead of state prison, those who remain in prison need to stay there to protect the public.

This unfounded assumption is used to justify a large and growing mass of the state’s unnecessary incarceration. Most serious and violent offenders do need to serve some time behind bars to protect the public, but we keep them there for far too long. And the terms are only getting longer. If California wants a sustainable solution to its prison crisis, it needs to rethink its increasingly harsh sentencing policies across the gamut of offenses – not just the low-level targets of Realignment and Prop 36.

A recent study found that California offenders who committed violent crimes can now expect to serve seven years in prison – in 1990, they would have served less than three. Looking at people who committed murder, those who were released in 2009 served an average of 16 years; now, they can expect to serve more than 50 years. This lengthening of sentences for violent crimes is a major reason California’s prisons are overflowing and will continue to do so. In 2009, nearly 100,000 of the state’s prison inmates were doing time for violent crimes, a number that will only grow as the exit door continues to recede.

Continue Reading @ California Progress Report

EDITORIAL: California prisons still need reform, improvement

18 Jan

Gov. Jerry Brown may declare the state’s prison crisis over, but legislators still have plenty to do to ensure a functional corrections system. 

Declaring victory is not the same as actually achieving it. The governor might say the state’s prison crisis is over, but the real test will be whether the court agrees. Even then, legislators need to tackle the state’s incoherent sentencing scheme and ensure that the complex corrections realignment plan succeeds.

Gov. Jerry Brown last week said the state’s prison crisis was over and demanded that the federal court return control of California prisons to the state. The administration also filed legal papers seeking to end court intervention in the state’s corrections system.

California has struggled for years to deal with prison ills. A federal judge seized control of inmate health care in 2005, after the state promised, but failed, to improve a system rife with neglect and substandard care. Gov. Arnold Schwarzenegger declared an emergency in 2006 because the state’s 33 prisons were crowded to nearly twice their intended capacity. A panel of three federal judges in 2009 ordered the state to reduce the prison population, then at about 148,000, to 110,000.

Whether federal judges will lift a population cap the state has yet to meet — state prisons now contain about 119,000 inmates — is a big question. The state’s long record of irresponsibility on prison issues offers little reason for judges to trust California’s promises of reform. And the changes the state has made happened mainly because of court intervention.

But despite clear progress in fixing parole, boosting inmate health care and easing crowded conditions, legislators still have much to do to ensure a functional corrections system. Legislators should, for example, revise criminal sentencing laws that are chaotic and arbitrary. Sentences for similar crimes can vary wildly for no discernible reason. Politicians and voters have created longer criminal sentences in haphazard fashion, with no thought to any coherent approach to punishment or any consideration of the state’s prison capacity.

Continue Reading here

Jail Break: How smarter parole and probation can cut the nation’s incarceration rate

6 Jan

article from 2009 -very relevant even now.

By Mark A. R. Kleiman

Photo: Associated Press

In 2004, Judge Steven Alm was assigned to the felony trial court for the island of Oahu, Hawaii. Alm quickly realized that he had a problem. Probation officers for his court were overwhelmed with clients who kept using methamphetamine, Hawaii’s number-one problem drug. It wasn’t exactly difficult to pass the drug tests, which were scheduled weeks in advance. But on any given day 10 percent of the probationers scheduled to come in didn’t arrive for testing, and 20 percent of those who did show up tested “dirty.” By the time probationers were sent to Alm’s court for a revocation hearing, they had already racked up multiple breaches of the rules.

Hawaii’s felony probationers have lengthy sentences hanging over their heads. An offender whose probation is revoked can be sent to prison for the rest of his term—anywhere from five to twenty years. To Alm and his fellow judges, this seemed an unnecessarily draconian response to a missed or “dirty” drug test. It was also impractical in light of Hawaii’s prison-overcrowding problem. (Not only are Hawaii’s own prisons full; the state also pays heavily to send thousands of its prisoners to for-profit prisons on the mainland.)

As a former career prosecutor and U.S. attorney, Alm had more than a little political clout and was accustomed to getting results. Why, he asked the probation officers, was he only hearing about drug problems when they spiraled out of control? If this was the tenth violation, what happened the first nine times?

The probation officers explained that each one of them had responsibility for at least eighty-five felons. (That was for those with “high-risk” caseloads; the other probation officers had caseloads twice that size.) Most of those offenders sporadically fell afoul of the rules. The officers couldn’t possibly spend two hours writing a report every time a probationer failed a test or skipped drug treatment or anger-management class—there would be no time for anything else. As the officers saw it, their job was to harangue those clients who would listen to get back into line, and refer those who wouldn’t listen back to court after they had accumulated enough offenses to justify sending them away.

Alm could see the logic of the system, but he didn’t think it was the right kind of logic. “You wouldn’t raise a child that way,” he told the officers. “You wouldn’t train a puppy that way. You’d establish clear rules and have immediate consequences for breaking them.”

So Alm devised a new plan. He asked the probation officers to select a group of seemingly incorrigible scofflaws, probationers just one slipup shy of a revocation hearing. Every time one of them missed or flunked a drug test (or broke any other probation rule) he would land in court—and in jail—right away. Alm enlisted the help of prosecutors and public defenders to ensure that a hearing could be held within forty-eight hours of a violation. He corralled the federal fugitive task force to chase down anyone who refused to come into court. To cut down on paperwork, he eliminated the long report, documenting a long history of misconduct, that had previously been required from a probation officer before a revocation hearing. In its place, he substituted a two-page fill-in-the-blanks form, which dealt with only a single missed or dirty test or other violation.

Then, instead of “revoking” probation and condemning the offender to years in prison, Alm would “modify” probation, sending the offender to jail for a few days and then releasing him back to probation supervision. Alm reasoned that a brief stint behind bars would make the probationer more cooperative when he returned to his officer’s caseload.

The probation officers feared that Alm’s proposal would be impossibly burdensome, but they agreed to give it a try. Alm held a contest among the officers to name the program, and the winning entry was “Hawaii’s Opportunity Probation with Enforcement,” or HOPE.

HOPE started with thirty-four chronic violators. On the advice of the public defender, Alm brought them into court for what he called a “warning hearing,” with the defense counsel and the prosecutor present. He explained that, for them, the era of warnings was over. “If you fail a drug test, if you fail to meet with your probation officer when you are supposed to, or you fail with other terms of your probation … you will go to jail,” runs Alm’s script for such proceedings. “All of your actions in life have consequences, good or bad.” Later, Alm added a new twist to the program: random drug testing, with each probationer required to call in to a hotline every weekday morning to learn whether that was his day to be tested.

Everyone braced for a flood of missed and failed tests and the consequent sanctions hearings. But then something strange happened: in the first two weeks, only five of the thirty-four broke the rules. The overall rate of missed and failed drug tests dropped by more than 80 percent. Before the program started, the HOPE group had more than twice the noncompliance rate of the comparison group; that’s how they were chosen. HOPE reversed that picture, with program participants testing positive at less than one-quarter the rate of the comparison group. The high level of compliance made the workload perfectly manageable for everyone involved, and Alm was able to expand HOPE to 135 probationers without hiring more people.

Continue Reading @ Washington Monthly

The Reflections of an Inmate

25 Dec

The following was posted in my PRM Facebook group. I had to share ( with permission, of course!) with you all….

Via Keri Driver “My husband is an inmate at Avenal State Prison in Avenal, CA. He has managed to stay in school through correspondence courses despite trips to the “hole” and adverse transfers. He wrote this paper as one of his English 102 papers. I wanted to share so maybe the public would look at prisoners in a different light.”

The Reflections of an Inmate
By Thomas E. Driver
When members of society hear, see, or use the word “inmate”, it most often carries the image as being f lesser worth or value. The stereotypical depiction is negative, often fueling contempt, judgment, scorn and rejection from the majority of the members of society.
That is, until it enters a person’s personal life. The common response towards the word inmate is condemnation, persecution and rejection. Once a friend, family member or themselves lands in lock-up, everything changes. Now the word inmate becomes a real person, having value and worth. Previous judgments and cries for the “lock ‘em up and throw away the key” type sentencing now seems overkill, appalling, very unrealistic, unjust and even inhumane.
I am inmate Driver E30443. The word “inmate” is like a heavy burden I must carry out into society. My desire is to encourage a change in how society defines those labeled as inmates. What I hope to encourage is how the value, worth and wisdom of inmates has the potential to prevent others from making the same mistakes and help families better understand why criminal behaviors develop to begin with. To one day discover the automatic response to the word inmate is to include the recognition of potential knowledge, experience and wisdom. That consideration for the possible positive changes, growth and maturity that rehabilitation can produce is given. The label of inmate also has the ability to instill the perspective that this person has potential value, worth and possible experience and wisdom to offer. I desire for society to remember that most inmates did not choose to aspire to become an inmate or criminal in their youth. Many members in society only differ from inmates because they were never caught before changing their behaviors, had influential connections or enough money to avoid the label. Life events greatly influence and lead people to live such negative lives.
Inmate Driver E30443 is also, Tommy, the youngest son of the very respected and loved couple of Robert and Mickey Driver. The lucky man that is married to the amazing and wonderful Keri Driver who sees her husband as just that; her husband, not an inmate. Driver is also the little brother, the favorite uncle and the loved father. Along with his wife Keri, he shares hopes and dreams for the chance to be of great worth to the majority of members of society. The recognition he desires is not for him but for society to have to undoubtedly recognize the potential of any person, to become a valuable, contributing member of society.
Inmate Driver E30443 – the victim of childhood abuses that as a result of, became a drug and alcohol user, that as a result of became a criminal that resulted in him becoming an inmate. Now unlike society seems to believe, the results of the effects in their lives that lead to becoming an inmate do not stop once this label is reached. These changes can continue and the possibility these changes may be positive in nature are very likely. As a result of being an inmate Driver has discovered how to face and deal with the effects of abuse in a positive, healthy manner. He now has the knowledge, experience and wisdom to help youngsters who are currently facing the same effects he had to face and now because of being an inmate has learned the skills needed to help the youngsters and their families so they better understand the effects from their child’s trauma(s). Inmate Driver is a wealth of knowledge and experience that could potentially benefit hundreds of thousands of others, possibly even being a major cause for the decrease in criminal activities.
Inmate Driver E30443 is also the certified welder that earned blue ribbon awards at the Sacramento County Fair along with being the fabricator of numerous structures in or around historical buildings. Driver is also the Olympic hopeful and sixth in state wrestling champion in 1986 for Washington State. Certified in air conditioning and refrigeration, Driver can also construct solar energy panels. Certification was also earned in vocational landscaping producing numerous positive articles and letters about how to improve the landscapes and environments he has access to. Inmate Driver is also known as the graduate student who earned and Associates in Social Sciences degree from Lassen Community College receiving Presidential honors for maintaining a 3.8 GPA while also facilitating or attending numerous self-help programs, often spending hours trying to instill positive changes in his peers.
Inmate means to me: a man with hard work ethics, pride, humility, courage and wisdom. A positive influence, leader and example to not only fellow inmates but to correctional staff and members of society as a whole. A man, that while serving justice for his past criminal behaviors, took advantage of the opportunities to learn and change and become a law abiding, honest and respectable man with values, principals and standards that are very positive. Making him a valuable asset to society.
I am Inmate Driver E30443, call me Tom or Tommy. I was incarcerated twenty-five years ago for shooting and killing a man that threatened my life and held me captive at gun point. I am no longer the immature criminal, liar, thief and disappointment I was back then. Today I am an example of successful rehabilitation. I am honest, responsible and hopeful. I am the son my parents are now proud of for my positive changes and growth. I am the husband my wife calls “home”, her “life and breath” as I too see and feel she is to me. I am the rehabilitated father that pleads with his son to not make the same mistakes in life that I once did. I pray the wisdom and experiences I share will give my son Joey the tools he needs to avoid the regrets and negative experiences of bad choices and enjoy a wonderful and successful life. Inmate: man/woman, son/daughter, husband/wife, father/mother, brother/sister, uncle/aunt, potential person to heal our children and our families. Source of wealth of knowledge, experience, and wisdom viewed by many as priceless because of the potential benefit to society. Inmate Driver E30443, who am I to you?

A Handful of States Lead the Way on Juvenile Crime Prevention

6 Dec

By Ted Gest

Photo by banspy, via Flickr

States are “surprisingly slow” in adopting proven methods to deal with violent or delinquent youth and their families, a national juvenile justice conference was told today.

Failure to use the programs has been shown to result in higher crime rates and higher costs—placing youths in facilities or programs that are unproved or may cause youths’ behavior to worsen, said Peter Greenwood of the organization Advancing Evidence-Based Practice.

Greenwood spoke at the Models for Change annual conference in Washington, D.C.

Models for Change, started by the MacArthur Foundation in 2004, has invested more than $110 million in 16 states and 35 localities to support juvenile justice reforms.

Many of the efforts have centered in four states: Pennsylvania, Illinois, Louisiana, and Washington.

Greenwood released a survey of states’ use of the three most well regarded programs for family therapy that aim at reducing future delinquency. The model programs are called functional family therapy, multi-systemic therapy, and multidimensional treatment foster care.

They involve sending teams of therapists to meet with youth and family members in their homes over a 4-to-9-month period, costing bertween $2,500 and $10,000 per case.

All three programs, which together have been used at more than 700 sites, have been proved to reduce recividism substantially.

The five states that have led by far in the use of these methods are Connecticut, Hawaii, Louisiana, Maine, and New Mexico, which overall make them available five times more than do other states.

Four of the five states started exploring these evidence-based practices in the late 1990s. Louisiana did not adopt them until 2006.

Greenwood and his co-authors, Brandon Welsh and Michael Rocque of Northeastern University, said the five leading states had turned “crisis into opportunity.”

Three states were sued by the U.S. Justice Department over substandard conditions in juvenile institutions. In the two other states, “there was a growing political consensus that  many youth being sent to placement did not belong there,” he said.

In all five places, key stakeholders were assembled to take charge of reforms.

The researchers said a main aim of using evidence-based practices was to reduce “excessive use of institutional placements for juvenile offenders.”

They took a look at what has happened in the five states. Connecticut has seen a marked decline in juvenile placements compared to the national average. Maine and Hawaii already were below the national average, and their rate has been stable.

Louisiana, which started the process late, had been above the national placement average but has declined to the national rate.

Only in New Mexico have placements increased in recent years, but the 2010 total is well below that reported in 2001.

“Given the obvious and well documented benefits of evidence-based family therapy programs” in the five states, the study’s authors said, other states should adopt similar changes to improve the cost-effectiveness of their crime prevention efforts.

The study is due to be posted later this week at http://advancingebp.org

Ted Gest is president of Criminal Justice Matters and Washington, DC-based contributing editor of The Crime Report.

Via The Crime Report

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