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Mainstream Media Ignores Mass Hunger & Work Strikes By Prisoners Nationwide

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An inmate stands at his cell door at the maximum security facility at the Arizona

An inmate stands at his cell door at the maximum security facility at the Arizona State Prison in Florence, Ariz, where visitors are charged a $25 to visit inmates.

AUSTIN, Texas — As hunger strikes and sporadic work stoppages continue at prisons across the country, the historic prison movement and the brutal retaliation inmates have faced because of it remain largely unreported in the mainstream media.

The media blackout continues even though tens of thousands of inmates are believed to have taken part in the ongoing strike, and a shift of guards at Holman Correctional Facility in Alabama also refused to work on Sept. 24.

“It’s interesting that the foreign press has been better to us,” said Azzurra Crispino, media co-chair of the Incarcerated Workers Organizing Committee, part of the Industrial Workers of the World union, which is supporting the strike. Inmates can join the IWW for free, regardless of their prison work status.

In an interview with MintPress News on Friday, Crispino noted that the strike has been covered extensively by the United Kingdom’s The Guardian and Russian state-owned media outlet RT, while the biggest voices in the U.S. media have been notably silent.

Adam Johnson, a media analyst from media watchdog Fairness and Accuracy in Reporting, or FAIR, has repeatedly commented on the mainstream media blackout on the strike via Twitter:

Crispino noted the media is ignoring the strike even while reviewing “13th,” a new documentary from Netflix which reveals how the 13th Amendment to the Constitution abolished slavery while legalizing the enslavement of prisoners. Although prison strikers are calling for reform of the 13th Amendment, mainstream media outlets including The New York Times and NBC News have ignored the strike in their reviews of the film.  

In a photo from Friday, July 8, 2016, inmate William Garrett works on a cabinet at the Habitat for Humanity Prison Build at the Ionia Correctional Facility in Ionia, Mich.

In a photo from Friday, July 8, 2016, inmate William Garrett works on a cabinet at the Habitat for Humanity Prison Build at the Ionia Correctional Facility in Ionia, Mich.

“Realistically, a lot of the issue has been that the various state departments of correction are just denying what’s happening and news wants to be able to corroborate the story,” she told MintPress. “I hate to say it, but I think that a lot of these news organizations are more willing to take as authority what the prison officials are saying rather than the prisoners.”

Based on reports from prisoners, Crispino said that although work stoppages have continued unabated in some South Carolina prisons, most prisoners in other states are preparing for the next planned wave of work stoppages. Meanwhile, prisoners have reported instances of violent retribution from prison guards, who have allegedly physically attacked striking inmates or encouraged other prisoners to abuse strike participants.

Crispino said one Twitter account, @Prisonslavery1, appears to be relaying authentic reports of unrest from inside a South Carolina prison. Some of these reports have been verified by the IWOC, including the death of an inmate at McCormick Correctional Institution in McCormick, South Carolina, during strike-related unrest on Sept. 25. The account referred to this inmate’s death as murder.

While there have been reports of violence against guards, Crispino expressed frustration that that some local media reports have focused on this while largely ignoring reports of violence directed against inmates.

Crispino said hunger strikes are also continuing, including Wisconsin’s Dying To Live movement, a group of prisoners demanding an end to solitary confinement. Solitary confinement remains widespread throughout U.S. prisons and jails, despite being repeatedly condemned as torture by the United Nations. Participating inmates have faced a dangerous force feeding regimen.  

“There’s an elderly gentleman who has a heart condition, and it appears from reports I’m getting that there’s one guard who’s encouraging other inmates to beat and rape him,” she said of one hunger striker.

“The repression is very real.”

Watch “Hunger Strikes, Marches & Work Stoppages: Unprecedented National Prison Strike Enters Third Week:” 

The post Mainstream Media Ignores Mass Hunger & Work Strikes By Prisoners Nationwide appeared first on MintPress News.


China Releases Human Rights Report On US

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(REPORT) — On Thursday, China’s State Council Information Office released a human rights report on the U.S., noting that while that country continues to act as “the judge of human rights” it continues to ignore its own “terrible problems.”

The report, called “Human Rights Record of the United States in 2016,” cites both international and U.S. academic and NGO sources focussed on that country’s domestic and international human rights record.

“Wielding ‘the baton of human rights,’ (the U.S.) pointed fingers and cast blame on the human rights situation in many countries while paying no attention to its own terrible human rights problems,” the report declared.

“With the gunshots lingering in people’s ears behind the Statue of Liberty, worsening racial discrimination and the election farce dominated by money politics, the self-proclaimed human rights defender has exposed its human rights ‘myth’ with its own deeds,” it added.

On the domestic front, the report highlighted the prison industrial complex which has led to the U.S. having the second highest incarceration rate in the world, with almost 1 in 3 adults having a criminal record. Only the Seychelles, with the smallest population in Africa, has a higher portion of its population in jail.

The report also noted that in 2016 “The colonial history, enslavement, racial subordination and segregation, racial terrorism and racial inequality in the United States remained a serious challenge,” where “Police killings were reminiscent of the past racial terror of lynching.”

Citing child poverty rates, the growing gendered wage gap, and sexual assault and harassment complaints in the U.S. the report concluded that “There was no improvement to the protection of rights of women, children and elders, and the vulnerable groups’ rights were seriously violated.”

The report also concluded that political rights in the U.S. were under threat given that “money politics and power-for-money deals had controlled the [2016] presidential election,” resulting in record low turnout and voter alienation.

On the international front the report noted that “In 2016, the United States continued to trample on human rights in other countries, causing tremendous civilian casualties.”

The report noted that the U.S. air campaigns in Syria and Iraq had killed between 4,568 and 6,127 civilians and that since 2009, its illegal drone program had left 800 dead in Pakistan, Yemen, and Somalia.

It also highlighted the remaining 59 illegally detained prisoners at Guantanamo Bay and the U.S. failure, in contravention of international law, to investigate and punish documented war crimes and torture committed by U.S. soldiers and C.I.A. agents during its 16-year so-called “war on terror.”

The report closed by saying that the vast domestic and international surveillance network exposed by Edward Snowden, which “drew vast criticism from the international community,” presented a grave threat to privacy rights worldwide.

The release of China’s report comes one week after the U.S. released its own 2016 report on human rights throughout the world, a report which was widely condemned as, at best, a hypocritical exercise in using appeals to human rights as a tool to further U.S. foreign policy interests.


© teleSUR

 

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New Documentary Examines One State’s Struggle To Reform Solitary Confinement

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Published in partnership with Shadowproof.

“You lose all feeling. You become immune to everything,” says Sam Caison, a prisoner who has been in and out of solitary confinement. “You’re not the same after spending so much time by yourself in those conditions. I don’t care who you are, you don’t come out the same person.”

Caison was in a solitary confinement unit in Maine State Prison for 11 months before he was released to his home. He tried to tell his mother he did not want anyone around.

“I got home, there was five people there, and I felt like there was 5,000 people there. And ultimately, for my first couple of months, I locked myself in my camper until my mom and everybody tried to explain to me I’m not in prison. I shouldn’t live like that!”

Caison chokes up as he tells this story. He ultimately tried to force himself to live in segregation because he did not know what to do. He went from the “most restrictive place” he had ever been to “no restrictions at all.” The damage eventually led to Caison committing another violent crime, and he was back in jail.

Prior to solitary confinement at Maine State Prison, Caison was in solitary when he was 16 years-old and serving a sentence at a juvenile facility.

More than thirty states have pursued some kind of reform of their policies for solitary confinement. PBS FRONTLINE’s “Last Days Of Solitary” is a two-hour documentary on the state of Maine and its progress in reducing the number of prisoners in “special management units” at the Maine State Prison.

It was filmed from 2013 to 2016. Divided into three parts, the documentary vividly captures how prisoners in solitary confinement deteriorate rapidly. It shows the self-mutilation that takes place as prisoners cut themselves to enjoy brief moments of control and win attention from prison officers.

Multiple individuals are followed as they grapple with their placement in solitary. The film tracks what happens to these prisoners as they move in and out solitary, act up to gain attention, leave prison only to return months or weeks later, etc.

Each of the prisoners profiled are white, which may be unusual to those who know solitary confinement disproportionately impacts black and Hispanic prisoners. That is not because there are no black or Hispanic prisoners in the Maine State Prison.

Some of the prisoners featured receive the opportunity to go through new treatment programming or live in a “structural living unit for inmates transitioning out of solitary.”

In that sense, the documentary is more of a solutions-based production. It is less concerned with spending an inordinate time showing the impact of solitary on individuals. Perhaps, that is because the impacts are well-known at this time. What is more unclear is what government reform policies work and don’t work.

Gordon Perry, one of the more violent prisoners in the facility, describes Maine State Prison’s solitary confinement units as an “insane asylum.”

“I don’t even know how many times I’ve seen this tier filled with blood from these guys cutting their arms and their necks and their balls, cutting their ball sacks out, all types of crazy— craziness and— and that’s because they’re stuck in here with nothing to do,” Perry adds.

“You don’t have a strong mind, this place can break you quick. A lot of guys, they don’t even have reasons why, they just snap out. That’s what this place does to you. It makes you mean, makes you violent, and it fucks a lot of people’s heads up. This is solitary confinement.”

In 2013, Rodney Bouffard took over as the new warden of Maine State Prison. He believed solitary confinement was overused. Putting prisoners “in confinement and forgetting about them is essentially gonna make them worse. There’s no question in my mind,” Bouffard contends.

Yet, Bouffard is not in favor of wholly abolishing solitary confinement in the state. He still feels it has its uses, even if it is a source of much of the deterioration of the mental health of prisoners.

One of the best questions posed by FRONTLINE producer Dan Edge relates to Adam Brulotte, whose condition worsens the more he is in solitary confinement. “Was segregation the right place for a person like Adam?” Edge asks Warden Bouffard.

“Well, you just defined why we don’t like to use segregation. But sometimes, it’s necessary. Mr. Brulotte was engaged in some very, very serious behavior while he was in general population, so without a doubt, it was the right place for him,” Bouffard answers.

“Did he spend too long in seg?” Edge asks in a follow-up question.

Bouffard replies, “That’s a real hard question to answer. There’s a lot of gray area in some of the decisions that we make. There’s no exact science to any one of these guys.”

“You have to try to figure them out as we go along. But ultimately, when we’re moving him back into the general population, you know, we have to be certain that the staff are going to be safe, that the other inmates are going to be safe, and that he’s going to be safe.”

It is a boilerplate response that overlooks the science of what is happening to prisoners in solitary and allows the prison to take minimal responsibility for what unfolds.

Tragedies take place, like stabbings and brutal assaults. Inmates given second chances wind up back in solitary.

It is definitely a dilemma, but what the staff never really recognize during any of the scenes is that it is twisted to tell a prisoner they have to behave and get better if they want to be moved out of solitary when those conditions are a large part of the reason for misbehavior. In other words, to an extent, they cannot help themselves and could potentially if they weren’t in such harsh conditions.

Despite isolated incidents, the officials managing the facility do show the fortitude to push onward. They make tremendous strides in reducing the population. They reduce violence in the prison.

The access given to FRONTLINE producers enables the crew to create a methodical examination of how reform can progress. It stands as an example for the other 20 or fewer states that still cling to a policy that is scientifically proven to do great damage to mental health and increase recidivism substantially.

Watch the trailer below:

*To find out when “Last Days of Solitary” airs, view the listing for your local station here.

The post New Documentary Examines One State’s Struggle To Reform Solitary Confinement appeared first on MintPress News.

Media Silent As U.S. Prisoners Continue To Hunger Strike Abysmal Conditions

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Prisoner jail incarceration


On Oct. 30, 2016, Robert Earl Council was found sprawled unconscious on the floor of his cell in Alabama’s Limestone Correctional Facility after being on hunger strike for 10 days. Medical staff at the prison force-fed him intravenously, as his blood sugar levels had reached dangerous levels.

But Dara Folden, a member of the Free Alabama Movement, a prison reform advocacy group, believes the force-feeding was done with the additional motive of ending Council’s hunger strike and preventing him from garnering media attention.

But Council’s strikes – and the punitive action taken against him in return – did not end. In November that same year, Council was denied water by officials at the Kilby Correctional Facility after initiating a work strike. The Free Alabama Movement told Democracy Now that officials were trying to kill him.

Strikes by other inmates have occurred even more recently. On April 11, inmates at the Mississippi Department of Corrections ended a hunger strike which, according to family members, was initiated due to prison conditions that included inmates being barred from exercising outdoors. On April 13, at least 30 inmates at the Robert Presley Detention Center, located in California, launched a hunger strike.

Their demands echoed those made by other inmates around the nation, asking prison officials to prohibit the use of long-term or indefinite solitary confinement, provide inmates access to more clothing, decrease commissary prices, allow mental health prisoners to be moved out of general population and allow inmates to gain access to educational, religious and self-help programs.

On last year’s September anniversary of the Attica Prison Uprising, work stoppages and hunger strikes took place in 24 states, involving some 24,000 inmates who were protesting what have been described as “slave-like conditions.” At one prison in South Carolina, prisoners requested to be compensated for their labor, as well as requested that mentally ill inmates be kept in treatment programs. The prisoners also asked for an end to excessive vendor visitation and canteen prices and the reinstitution of classes for those who want to obtain their GED.

But few reporters found the strikes worth covering. One month after the strikes began, Media Matters found that no major media outlets had covered what was then considered to be one of the largest national prison strike movements in U.S. history.

“[A] search of Nexis transcripts from the major news networks — ABC, CBS, NBC, PBS, CNN, Fox News, and MSNBC — and National Public Radio…has come up almost completely empty on coverage of the strikes, aside from a single 20-second mention during a run-through of headlines on NBC’s Today and a three-and-a-half-minute NPR Weekend Edition interview…” Media Matters reported.

Historically, media coverage of prison strikes has been sparse at best, often parroting information that is passed along from state and prison officials. Conventional news publications and outlets rarely speak to prisoners or their families about their concerns. They often fail to mention the factors that lead inmates to go on strike in the first place, such as unsanitary conditions, abusive treatment, and slave-like labor conditions.

Immigration detention facilities have also become locations of active resistance, with hunger strikes used as a protest tactic by those who lack recourse. In April, over 700 undocumented detainees at the for-profit Tacoma Northwest Detention Center in Tacoma, Washington began a hunger strike in order to pressure Immigration and Customs Enforcement (ICE) representatives into meeting basic demands.

The Stranger reported their demands as being “recreation time, properly cleaned laundry, reasonable commissary prices, access to educational programs, raising the $1-per-day prison wage, more nutritional food and contact visits” so that detained parents could meet with their children.

Maru Mora-Villalpando, community organizer and founder of Latino Advocacy Inc., said the center’s undocumented detainees painted prison walls and washed floors “in exchange for having a piece of chicken or a piece of candy, and sometimes not even that.”

It is difficult to obtain reliable information about prison strikes, as independent publications are forced to rely on information delivered by organizers and relatives due to silence from prison officials. But it is also evident that most mainstream news networks aren’t pushing for any coverage in the first place, which plays into the hands of authorities who want to draw as little attention as possible to the abuses that take place in their prisons.

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New Documentary, Cruel And Unusual, Promises Unique Look Into Solitary Confinement

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Published in partnership with Shadowproof.

The “Angola 3” spent more time in solitary confinement than any other incarcerated individuals in the United States, and now, a documentary telling their story will soon be released.

Director Vadim Jean is raising funds so the film, “Cruel and Unusual,” can be screened in New York and Los Angeles and qualify for Oscar consideration by the Academy of Motion Picture Arts and Sciences. (The project must reach its goal on Kickstarter by May 11.)

Robert King, Herman Wallace, and Albert Woodfox were incarcerated at the Louisiana State Penitentiary when a corrections officer was killed in April 1972. As members of the Black Panther Party in prison, they were targeted for their political activism, accused of the murder, and put in solitary confinement.

For 29 years, King was in solitary until his conviction was overturned, and he was released in 2001.

Wallace was in solitary confinement for 41 years. He had advanced liver cancer when a district court judge threatened to hold the state in contempt and ordered authorities to release Wallace to a hospital. He died three days after his release on October 4, 2013.

The Louisiana State Penitentiary finally released Woodfox in 2016. He was in solitary confinement for 43 years, and his conviction for second-degree murder was overturned three times.

Jean started filming “Cruel and Unusual” seven years after King’s release.

“[King] was an amazing storyteller for me from the very beginning,” Jean told Shadowproof. “He is an amazing human being, who has dedicated his life since 2001 to seeing the release of his comrades.”

Cover for the documentary, “Cruel And Unusual”

Cover for the documentary, “Cruel And Unusual”

“I have never seen a friendship quite like that ever before. The bond between he and Albert now is something to behold. It shines like a beacon of friendship and commitment like nothing I have seen before. So, Robert has supported the making of this film right from the beginning, and he describes it as having dropped like a stone in water, creating ripples of justice.”

Jean considers this statement to be an honor and believes it shows how receptive he has been participating in the film.

Angola prison authorities prohibited Jean from entering the penitentiary to meet Wallace. He was unable to talk to Wallace until five years after filming started and he was moved to Hunt prison.

“I only met him once on a visit. It was an amazing time with a remarkable man which I will never forget,” Jean recalled. “His gratitude for having started to tell the story was amazingly gracious.”

Jean made a campaign film, “In the Land of the Free…”, which was supposed to call attention to the continued imprisonment of Wallace and Woodfox. After that film’s release, they both received “thousands and thousands of letters” from people who saw the film. Both thanked Jean.

When Jean finally met Woodfox in February 2016 following his release, “it was an emotional moment.” He spent many months in editing rooms with each of the “Angola 3” for eight years and felt like he knew them well. Woodfox was no exception.

“He is so full of grace and strength and generosity,” Jean shared. “For me, it was as if he was already a friend. Both he and Robert have graciously and kindly supported the making of ‘Cruel and Unusual.’”

Asked how the project has shaped his views on incarceration in the United States, Jean responded, “America is an amazing country, but it has both the best of the best and the worst of the worst.  The best movie industry in the world for example.” But he added it has “one of the worst penal systems in the world.”

“Louisiana has the highest per capita incarceration rate in the world. With 2.4 million of the U.S. population in prison at any point (nearly 1%), it is hard to square this with the fact that it is supposed to be a developed civilized country.”

Jean continued, “Beyond the sheer numbers, what has become clear to me is that individual prisons are under-regulated in their treatment of prisoners. That Angola was allowed to keep the ‘Angola 3’ in six foot by nine foot boxes, in Albert’s case for 43 years, without properly following guidelines on the review of that treatment every 90 days, is a disgrace. This overuse of long term solitary is an all too common practice in U.S. prisons, and there is no federal legislation to regulate this kind of treatment.”

“It is cruel and unusual, and that must change for the U.S. to be able to stand by its proud history of values, such as justice and liberty. The great Constitution indeed forbids cruel and unusual punishment. And if any treatment can be called that, it is the decades-long treatment of the ‘Angola 3’ in solitary confinement.”

Jean is a British filmmaker, who is known for “Hogfather,” “The Color of Magic,” and “Leon the Pig Farmer.” He typically produces scripted work and never expected to work on a feature documentary for eight years. But that is a testament to the human spirit of the “Angola 3” and their triumph over gross injustice.

“Robert King, Albert Woodfox, and Herman Wallace are heroes to me. And in the end, I am a storyteller,” Jean stated.

He continued, “I realized relatively recently that I have always been enraged by injustice and it’s probably that which has motivated my commitment to telling their story. But as I write, I’m in the middle of shooting my third TV comedy series in the last 15 months, and I haven’t lost my other passion as a filmmaker, which is to give people the pleasure of laughter.”

“‘Make ‘em laugh’ was where I began and continue to be most of the time. But ‘make ‘em cry’ is the other great emotion of the cinema for me.”

Jean hopes the film will move people to tears, and with those tears, they might attempt to “do something” to make a difference. He also hopes the film draws even more attention to the use of solitary confinement in U.S. prisons and spurs even more laws that bring an end to this barbaric practice.

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Texas House Votes To Stop Jailing Those To Poor To Pay Fines

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Legislation that would make it easier for poor people to satisfy traffic tickets with alternatives to payment cleared the Texas House on Tuesday on a vote of 75-70. The bill needs to be approved by the Senate again before moving to Gov. Greg Abbott‘s desk.

Senate Bill 1913, by state Sen. Judith Zaffirini, D-Laredo, would allow courts to ask defendants if they are too poor to pay for traffic tickets; fines for other low-level and fine-only offenses; or court costs. After making that determination, courts would be allowed to reduce or waive fines and costs and offer community service as an alternative.

“They’re not getting off scot-free. We’re getting something for something,” the bill’s House sponsor, Rep. Senfronia Thompson, D-Houston, told members Monday. “We are filling our jails up with people who should not be there.”

For fine-only offenses, jail time only comes into the picture when someone doesn’t pay their fine — a risk borne by thousands of Texans, according to a recently released report by Texas Appleseed and the Texas Fair Defense Project. Those who can’t afford to pay often find themselves hit with additional fines or other restrictions, such as being blocked from renewing their driver’s licenses and vehicle registrations. Critics call it debtors’ prison.

More than 200,000 Texans can’t renew their licenses, and approximately 400,000 have holds on vehicle registrations due to unpaid fines, according to the report. In 2015, almost 3 million warrants were issued in cases where the punishment was originally just a fine.

Courts generally don’t offer alternatives to jailing or ask about a defendant’s ability to pay, the study found. In 2015, judges rarely used community service to resolve “fine-only” cases – just 1.3 percent of the time. In fewer than 1 percent of cases, they waived fines or reduced payments owed because the defendant couldn’t afford to pay, according to the study.

Legislation tackling this issue has a high-profile supporter in Texas Supreme Court Chief Justice Nathan Hecht.

Jailing a person who can’t pay fines and court costs “keeps them from jobs, hurts their families, makes them dependent on society and costs the taxpayers money,” he said during his State of the Judiciary speech in February.


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California Maybe Replacing Its ‘Prison-Industrial Complex’ With Something Far Worse

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California Prisons Second Strikers

Prisoners from Sacramento County await processing after arriving at the Deuel Vocational Institution in Tracy, Calif. (AP Photo)

California made headlines last week when Governor Jerry Brown allocated a record $11.4 billion to the state’s corrections department in his May Revision to the budget, translating to $75,560 per individual — the highest per-inmate cost in the nation.

Media outlets ran amok with headlines comparing the costs of imprisonment to tuition at the country’s premier private university.

That’s enough to cover the annual cost of attending Harvard University and still have plenty left over for pizza and beer,” quipped Don Thompson of the Associated Press.

Yet in consideration of decreasing prison populations and statewide ‘reforms,’ this five-figure sum is more alarming than amusing.

Since 2006, California’s inmate population has gone down by nearly a quarter, due in part to a Supreme Court mandate that found conditions in California’s notoriously overcrowded prisons to be ‘cruel and unusual punishment.’ The inmate population further declined after California passed a proposition in 2014 that reduced sentencing for nonviolent drug offenders. Still, the annual corrections budget has continued to increase, with current costs now double what they were in 2005.

But the very same budget report that allocates $11.3 billion to corrections also predicts an additional population decrease of 11,500 inmates over the next four years.

So what gives?

Part of the answer, at least, comes down to prison unions.

It’s an example of how powerful public-sector unions keep the state from getting spending under control, even when the need for such spending plummets,” wrote Steven Greenhut in an op-ed for the California Policy Center.

The California Correctional Peace Officers Association (CCPOA) is one of the most powerful public sector unions in the state. In an article shared on the Prison Activist Resource Center, writer Tim Kowell tracked CCPOA’s massive legacy of influence in a timeline spanning over 50 years.

This includes a $2 million dollar campaign contribution that the CCPOA made to Brown’s gubernatorial bid in 2010, reportedly by funneling the money into independent campaign expenditures. This, CalWatch.org says, made Brown “Prisoner of the Guards Union.”

If the union has Brown in a bind, it could explain why correctional officers in California are the second-highest paid in the nation (the first is New Jersey), earning an average of $70,020/year.

That’s more than the average salary of an assistant professor with a PhD at the University of California,” Kowell noted.

It’s no wonder, then, that incarceration costs are beginning to resemble the tuition fees of a top-tier university.

Further, as the Associated Press reported, California Correctional Peace Officers Association are currently negotiating the details of a contract that would cost taxpayers more than $1 billion over the next three years.

Nichol Gomez, spokeswoman for the California Correctional Peace Officers Association Union, says the extra funds are needed for special programming.

Vocational, academic, mental health and medical programs are not cheap, but we’re doing our best to provide programs that give people the best chance to succeed once released,” she said in an interview with the Associated Press.

California Department of Finance spokesman H.D. Palmer, who also spoke with the AP, backed Gomez’s claims, attributing the increasing cost to “unique pressures,” such as prison healthcare and remote prisons.

What Palmer and Gomez are describing is consistent with a trend in recent years that has states investing more money in reform and rehabilitation than in prisons themselves. This has lead to the corporate privatization of these social services in what is now being called the “treatment-industrial complex.”

The treatment-industrial complex is similar in theory to the well-known prison-industrial complex. The American Friends Service Committee (AFSC) has explained that “the financial incentive for private prison corporations is to keep people in custody or under some form of supervision for as long as possible at the highest per diem rate possible in order to maximize profits.

The difference between the two is that instead of privatized carceral facilities, the treatment-industrial complex leads to outsourced social services, including privatized treatment centers and halfway houses.

The main players in the treatment-industrial complex are the very same ones involved in the for-profit prison industry. They are corporations like GEO Group, the second-largest private correctional facilities provider in the U.S. In recent years, they have strategically shifted their focus toward prison alternatives.

As the AFSC reports:

“In 2010, GEO Group acquired BI Incorporated, which makes electronic monitoring products, including GPS ankle bracelet monitors, voice verification technology, and alcohol monitors for individuals on home confinement. The company boasts of its newly reorganized ‘Community Services’ unit, which operates halfway houses, day reporting centers, and juvenile detention facilities. This segment represented 20% of GEO Group’s operations in 2012.”

According to their website, Geo Group owns 101 ‘Residential Reentry” “Day Reporting” facilities nationwide. California alone houses 23 of these sites, the most of any state.

As Politico reported last March, California is one of 25 states that contracts some or all of their correctional health care to private companies.

In last year’s Budget Act, California put aside $25 million for a community-based transitional housing program that “encourages cities and counties to support transitional housing that provides treatment and reentry programming to offenders released from the criminal justice system, and to any other persons who the applicant city or county believes may benefit.

Notably, Brown’s May revision to the program asserts that “there is no limit on the amount the city or county may provide the facility operator.”

For corporations like Geo Group, this means that ‘rehabilitation’ is turning out to be a lucrative business.

As Michelle Chen of The Nation writes:

On principle, reducing incarceration is necessary and just. But some activists fear private-sector solutions might pervert prison reform into a neoliberal variation of convict leasing, in which industry and state collude to ‘redeem” society’s undesirables.’

In terms of the costs to taxpayers, criminal justice analyst Drew Soderborg told the Associated Press that “[r]eal savings won’t come unless the inmate population drops so low that the state can start closing prisons.

Yet with so many vested interests involved in keeping correctional facilities open, that reality seems far-fetched. Even if prisons were to be shut down, the treatment-industrial complex indicates that the next iteration of for-profit prison institutions is already here, and they are already taking our money.


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Texas Passes Landmark Law Requiring Treatment Instead Of Jail For Mentally Ill

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Jeanette Williams places a bouquet of roses at a memorial for Sandra Bland near A&M University, in Prairie View, Texas. (AP/Pat Sullivan)

Jeanette Williams places a bouquet of roses at a memorial for Sandra Bland near A&M University, in Prairie View, Texas. (AP/Pat Sullivan)

Texas Gov. Greg Abbott on Thursday signed into law a measure that seeks to address the circumstances that led to the death of Sandra Bland, a black woman found dead in a county jail days after being arrested during a routine traffic stop.

The Sandra Bland Act mandates county jails divert people with mental health and substance abuse issues toward treatment, makes it easier for defendants to receive a personal bond if they have a mental illness or intellectual disability, and requires that independent law enforcement agencies investigate jail deaths. The law takes effect Sept. 1.

The law’s namesake, a 28-year-old from Illinois, died in the Waller County Jail in 2015. Her arrest followed a lengthy argument between Bland and then-Department of Public Safety Trooper Brian Encinia, which was documented by the officer’s dashboard camera.

After Bland’s death – which was ruled a suicide – her family, activists and lawmakers swiftly criticized the rural jail’s leadership and Encinia. With a new legislative session a long way away, the Texas Commission on Jail Standards was first to offer a solution, revising the intake screening process of county jail inmates to better identify mental health issues. During the legislative session, state Rep. Garnet Coleman of Houston introduced a bill named in honor of Bland. A comprehensive piece of legislation, the bill originally tackled racial profiling during traffic stops, consent searches and counseling for police officers who profiled drivers, in addition to jail reforms.


Related: Instagram Temporarily Blocks #SandraBland In Attempt To ‘Control Hate Speech’


That bill didn’t move out of committee because of opposition from law enforcement groups and lawmakers concerned about unfunded mandates. The Senate version of the bill, by state Sen. John Whitmire of Houston, removed much of the language related to encounters with law enforcement (de-escalation training remained) and became a mostly mental health bill, which ultimately passed both chambers without opposition.

Bland’s family expressed disappointment in the Senate version of the bill, calling it a missed opportunity because it removed language relevant to Bland’s stop.

The bill Abbott signed Thursday increases public safety, Coleman said in a statement.

“The Sandra Bland Act will prevent traffic stops from escalating by ensuring that all law enforcement officers receive de-escalation training for all situations as part of their basic training and continuing education,” he said. 


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Judge Rules Texas Prisons Lack Of Air Conditioning ‘Cruel And Unusual’ Punishment

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Prison staff and inmates move through the Darrington Unit's main hallway on July 12, 2017.  (Jolie McCullough/The Texas Tribune)

Prison staff and inmates move through the Darrington Unit’s main hallway on July 12, 2017.
(Jolie McCullough/The Texas Tribune)

ROSHARON — Just 30 miles south of the urban epicenter of Houston, the scene around one of Texas’ oldest maximum-security prisons has a much more rustic quality.

The brick buildings of the prison have been part of the rural landscape since 1917 and sit among acres of farmland at the end of a long, tree-lined road. Prison officials clad in boots and cowboy hats patrol the grounds on horseback, and inmates are hauled in from work duty in the fields on a wagon hitched to a tractor.

On a recent muggy July morning, visitors and staff at the main gate dropped their identification into a cloth bucket attached to a rope pulley so the guard in the tower could hoist up their cards and approve their entry.

Inside the prison’s main hallway, industrial fans roared against the heavy air. The Darrington Unit, like almost 75 percent of the state’s prisons and jails, has no air conditioning in the inmate’s living areas.

The lack of cooling in Texas prisons has thrown both controversy and an ongoing class-action lawsuit onto the Texas Department of Criminal Justice. Inmates at another Texas prison claim that the heat constitutes cruel and unusual punishment and argue that prison housing should be kept at a maximum of 88 degrees.

On Wednesday, a federal district judge in Houston agreed, issuing a scathing order against the department and ordering that air conditioning be provided for medically-sensitive inmates at the Pack Unit southeast of College Station within 15 days. 

“Each summer, including this one, Plaintiffs face a substantial risk of serious harm from the sweltering Texas heat, and Defendants have been deliberately indifferent in responding to this risk,” Judge Keith Ellison wrote in his 101-page ruling.

The injunction was a big victory for the inmates at the Pack Unit, but the case isn’t over. The state announced Wednesday afternoon it would appeal the judge’s temporary order, which expires after 90 days.


Related: Texas Prison Objects To Ruling That It Must Provide Arsenic-Free Water To Prisoners


An appeals court is considering whether the underlying lawsuit can remain a class-action and apply to the entire prison instead of only the plaintiffs. But Ellison said in his Wednesday ruling that the plaintiffs are “likely” to succeed when the case goes to trial, which would result in permanent changes at the unit. Jeff Edwards, an attorney for the Pack Unit inmates, said he expects the trial to begin later this year.

Edwards said Wednesday’s ruling was “significant” and “makes it clear that the Constitution applies to everybody, which I think is important and frankly can’t be said enough.”

In a statement, Texas Attorney General Ken Paxton said expensive air conditioning systems are “unnecessary and not constitutionally mandated.”

“The judge’s ruling downplays the substantial precautions TDCJ already has in place to protect inmates from the summer heat,” Paxton said. “We’ll appeal the decision and are confident that TDCJ is already doing what is constitutionally required to adequately safeguard offenders from heat-related illnesses.”

 

Fans and ice water

Most of the inmate plaintiffs in the lawsuit, filed in 2014, have medical conditions or are taking medications that makes hot summer days more dangerous.

The lawsuit points to 23 deaths and hundreds of illnesses related to heat in Texas prisons since 1998 and says that elderly, disabled and “medically sensitive” inmates — including those with heart disease, diabetes and obesity, or those taking medications like anti-psychotics that impair the body’s natural cooling system — should be protected from extreme heat.

Judge Ellison ruled that those inmates should have air conditioning.

TDCJ has maintained that there are sufficient measures in place to safely cool inmates.

“The safety and security of not only our staff, but our offenders that we are charged with overseeing is paramount to us,” TDCJ spokesman Jason Clark said from an office inside the Darrington Unit last week. “So we take numerous precautions to ensure that we mitigate those extreme temperatures. And we believe those mitigating efforts are effective.”

The department does have a number of measures in place to combat the heat and humidity in Texas prisons, including unlimited ice water, personal fans, wellness checks for high-risk inmates, and access to “respite” areas with air conditioning — like the chapel or classrooms. Clark said they are continuously monitoring and updating heat protocols each year. 

“Each summer we continue to refine our processes better and better,” Clark said.

Hear Darrington inmate John Rago speak on living at a Texas prison in the summer heat.

At Darrington, inmates excitedly mentioned the new addition of large fans in the main hallway and the relatively recent addition of unlimited ice water.

“Now that we’ve got the ice coolers and the new fans, compared to eight years ago it’s a whole lot better,” 29-year-old Anthony Brown said as he cooled off before getting his weekly haircut in the air-conditioned barbershop. Brown has served nine years of a 45-year murder sentence, according to TDCJ records.

Still, there was no denying the heat and humidity building within the prison walls by mid-morning. In the cells, men lay on their beds in boxers with personal fans pointed at them. After about two hours in the prison, Clark indicated it was time to leave and joked to the warden that he “only brought one shirt.”


Related: Texas Incarcerates Immigrant Children In Private Prisons They Call ‘Day Care Centers’


In his ruling on the Pack Unit, Judge Ellison called the steps taken by the department “the bare minimum.”

“They have implemented mitigating measures that they know, or should know, are ineffective given the extreme heat at the Pack Unit, and they have failed to consider seriously the many more effective options available to them,” he wrote.

Aside from air conditioning for higher-risk inmates, Ellison’s injunction also requires the temporary addition of new window screens in all housing areas so inmates can let in fresh air without being harassed by mosquitoes and other insects.

The injunction also orders the department to implement a plan of action for heat waves, citing the heat-related deaths of at least 10 TDCJ inmates during a heat wave in 2011, according to the ruling.

 

Cost estimates vary for air conditioning

In the end, the argument comes down to money. TDCJ said that retrofitting the Pack Unit — built in 1983 — to include air conditioning would be an “undue burden” on the state, according to their court filing. The state has spent more than $2.1 million defending the lawsuit as of May, according to records from the Attorney General’s Office.

“Prisons built in the eighties and nineties, which were specifically approved by the federal courts…didn’t include air conditioning because of the added construction, maintenance and utility costs,” the department said in its official statement on the ongoing lawsuit.

Estimates for adding air conditioning to the prison vary enormously. In the June hearing, an expert put the cost at $450,000 to install units for the housing areas, and $175,000 in annual costs, according to the plaintiff’s filings. A study contracted by TDCJ put the bill at more than $22 million to install air conditioning in all of the unit, and $477,678 a year to operate.

To install temporary air conditioning for only this summer, the prices differed from the plaintiffs’ expert’s estimate of $108,000 to the state’s $1.2 million.

The judge’s ruling called the state’s estimates “overstated,” and Ellison said TDCJ’s large budget should be able to cover the expenses. As a cost-saving option, he said the prison could “re-configure areas that are currently air conditioned to accommodate the heat sensitive, or move them to other facilities in Texas.”

“Even if the remedies ordered would be ‘fiscally catastrophic’ for TDCJ, as Defendants maintain they are, the Fifth Circuit has held that ‘inadequate resources can never be an adequate justification for depriving any person of his constitutional rights,’” he added.

And if the courts eventually rule that the state needs to spend the money to permanently install air conditioning at the Pack Unit, will that lead to similar rulings for the other 77 of Texas’s 106 prisons that lack air conditioning for inmates?

Edwards, the plaintiffs’ lawyer, said while the lawsuit only applies to the one prison, the reasoning behind the lawsuit could “easily apply to any if not all” Texas prisons.

“The Pack Unit is not an anomaly in terms of how hot it gets,” he said.

But that decision won’t be made for a while. Meanwhile, the inmates at Darrington and most other Texas prisons have to deal with the heat.

Robert Stewart, a bald, quiet 50-year-old murder convict with one eye, got a break from the heat of his prison cell awaiting a church service in the prison’s high-ceilinged and air-conditioned chapel.

“After a while you adjust to it,” Stuart mumbled while holding a manila folder labeled “Anger management.” “You don’t have much of a choice, you just have to accept it. It’s not something I’d recommend to anyone.”


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Private Prison Demands 300 More Prisoners Or It Close Down

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New prisoners at the Department of Youth Services Detention Center begin the intake process by being searched Thursday, Jan. 31, 2002. (AP Photo/Will Shilling)

New prisoners begin the intake process by being searched – File Photo (AP/Will Shilling)

New Mexico — A small community in New Mexico is learning firsthand the consequences of relying on corporate industry to fuel your economy. In the case of Torrance County, it’s the private prison industry. From a July 25 article by the Santa Fe New Mexican:

“The company that has operated a private prison in Estancia for nearly three decades has announced it will close the Torrance County Detention Facility and lay off more than 200 employees unless it can find 300 state or federal inmates to fill empty beds within the next 60 days, according to a statement issued Tuesday by county officials.”

The closure of the prison would mean a loss of about $700,000 in annual taxes and utility payments for the town of Estancia, which has a population of 1,500. Surrounding Torrance County would see a loss of around $300,000. Incidentally, the county has no jail of its own, meaning the sheriff’s department would have to find new housing for the 50 to 75 people it arrests each month.

“This is a big issue for us,” county manager Belinda Garland told the Santa Fe New Mexican“It’s going to affect Torrance County in a big way.”

The corporate entity that operates the facility, CoreCivic — formerly known as Corrections Corporation of America — is the second-largest private prison company in the nation. CoreCivic spokesman Jonathan Burns said this of the closing:

“The city of Estancia and the surrounding community have been a great partner to CoreCivic for the last 27 years. CoreCivic is grateful for the support the community has shown through the years and we’re honored to have been a part of that community. Unfortunately, a declining detainee population in general has forced us to make difficult decisions in order to maximize utilization of our resources.”

The majority of the facility’s inmates are detainees of Immigration and Customs Enforcement (ICE), and CoreCivic officials point to a sharp decline in border arrests, along with criminal justice reforms, as causes behind the closure.

Chad Miller, the warden of the facility, told the Mountain View Telegraph the inmate population has been well under full capacity for a long while.

“The reality is that we’ve been operating at a loss for the last four years,” he said“The question became for the company, ‘How long can you run something that’s not profitable? At what point do you say enough is enough?’”

Currently, state and local officials are working with CoreCivic to try to secure more contracts — meaning more bodies — before facility operations end on September 23.

“We’re reaching out to anybody that can help us,” county manager Garland said“We hate to see this facility close.”


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An Outdated Legal System Is Punishing Minor Offenses With Decades Of Jail Time

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California Prisons Second Strikers

Inmates from Sacramento County await processing after arriving at the Deuel Vocational Institution in Tracy, Calif. (AP Photo)

KANSAS (Analysis)– For a nation lauding itself as the “land of the free,” the United States certainly maintains a remarkable number of laws criminalizing activities most would consider part of their daily lives. From kids penalized for setting up a lemonade stand to the prohibition of cannabis, seemingly everything Americans do has attached to it a law, license, permit, or regulation, as well as a consequent penalty.

A penalty — as a list of thousands killed by police in recent years during encounters surrounding countless non-violent “crimes” attests — up to and including death.

The U.S. justice system grapples with a number of systemic problems. Among them are unjustified yet unpunished police violence, the opioid epidemic – and other drug-related issues, as well as backlogged courts and a proclivity toward punitive incarceration — the result of which has rightfully garnered the U.S. a reputation internationally as a prison state. When debating reform in these and other areas, overcriminalization as a root cause is rarely considered. But it must be.

The United States’ law-and-order love affair has mired disadvantaged communities in a nearly inescapable loop beginning in childhood, known as the “school-to-prison pipeline.” The American Civil Liberties Union describes this phenomenon as “a disturbing national trend wherein children are funneled out of public schools and into the juvenile and criminal justice systems. Many of these children have learning disabilities or histories of poverty, abuse, or neglect, and would benefit from additional educational and counseling services. Instead, they are isolated, punished, and pushed out.”


Related | Study: Mass Incarceration Barely Reduces Crime


In economically disadvantaged and even wealthy neighborhoods, black market drugs can represent a promising income opportunity — enough to make the risks of jail or prison time negligible in comparison. This reward/risk ratio prevails even in locations held to mandatory minimum sentencing guidelines implemented in a hotly-contested crime bill passed during the administration of President Bill Clinton.

Consider the example of Weldon Angelos. Convicted of possessing cannabis worth only $1,000, Angelos received a stupefying 55-year sentence, without the possibility of parole, from Salt Lake City federal judge Paul Cassell.  

Members of Safer Choice stand in protest at the federal appeals court in Denver where the court was hearing the appeal of Weldon Angelos of Salt Lake City. (AP/Ed Andrieski)

Members of Safer Choice stand in protest at the federal appeals court in Denver where the court was hearing the appeal of Weldon Angelos of Salt Lake City. (AP/Ed Andrieski)

Cassell, tied to mandatory minimum sentencing without recourse, later sparked both praise and scorn by stating publicly his regret for condemning the 24-year-old Angelos to what amounted to a life sentence. “If [Angelos] had been an aircraft hijacker, he would have gotten 24 years in prison… And now I’m supposed to give him a 55-year sentence? I mean, that’s just not right. That wasn’t the right thing to do. The system forced me to do it,” Cassell lamented in 2015, adding that, “Mandatory minimums can be used to send a message, but at some point, the message gets lost.” Angelos’ nightmare incarceration — one example drawn from multitudes — will end when and if he survives in prison through 2059. By then, he will be 78 years old.

Clearly, much is wrong with this picture. But efforts to extricate the U.S. criminal system from the odious double-hex of excess law and overpopulated prisons have thus far been met with intractable resistance.

“How did we get in this situation?” Politico asked in 2015:

“It began with well-intentioned lawmakers who went overboard trying to solve perceived or actual problems. Congress creates, on average, more than 50 new criminal laws each year. Over time, this has translated into more than 4,500 federal criminal laws spread across 27,000 pages of the United States federal code. (This number does not include the thousands of criminal penalties in federal regulations.)

As a result, the United States is the world’s largest jailer — first in the world for total number imprisoned and first among industrialized nations in the rate of incarceration. The United States represents about 5 percent of the world’s population but houses about 25 percent of the world’s prisoners.”

 

Laws proliferating and falling behind the times

The passage of time and superimposed layers of legislation have created a legal landscape fraught with contradictions, paradoxes, and anachronisms deserving of a comprehensive, meticulous revision.

Civil liberties attorney Harvey Silverglate posits that, with the nation’s collective body of criminal code being so voluminous, the average American obliviously commits three felonies each day. It is the failure of the law to keep pace with and adapt to the modern, digital age that Silvergate believes accounts for this absurdity.


Related | Long-Term Incarceration Perpetuates Cycle Of Incarceration


Federal wiretap laws, Silverglate told the Wall Street Journal in 2009, were “written before the dawn of the Internet, often amended, not always clear, and frequently lagging behind the whip-crack speed of technological change.” Lawmakers, Silverglate warned, were prone to initiate strict controls on the flow of information, fearing the impact of new technologies “because they don’t understand them and want to control them, even as they become a normal part of life.”

“The burgeoning U.S. prison population reflects a federal criminal code that has spiraled out of control,” Holly Harris, Justice Action Network’s executive director, wrote this spring. According to Harris:  

“No one—not even the government itself—has ever been able to specify with any certainty the precise number of federal crimes defined by the 54 sections contained in the 27,000 or so pages of the U.S. Code. In the 1980s, lawyers at the Department of Justice attempted to tabulate the figure ‘for the express purpose of exposing the idiocy’ of the criminal code, as one of them later put it. The best they were able to come up with was an educated guess of 3,000 crimes. Today, the conservative Heritage Foundation estimates that federal laws currently enumerate nearly 5,000 crimes, a number that grows every year.

Overcriminalization extends beyond the law books, partly because regulations are often backed by criminal penalties. That is the case for rules that govern matters as trivial as the sale of grated cheese, the precise composition of chicken Kiev dishes, and the washing of cars at the headquarters of the National Institutes of Health. State laws add tens of thousands more such crimes. Taken together, they push the total number of criminally punishable offenses in the United States into the hundreds of thousands. The long arm of the law reaches into nearly every aspect of American life.”

 

Excess law spawns excess enforcement, violence, death

Bloomberg published an article by Stephen L. Carter in 2014 titled “Law Puts Us All in Same Danger as Eric Garner,” noting, “Every new law requires enforcement; every act of enforcement includes the possibility of violence, such as the chokehold that killed Eric Garner.”

Watch the video of Eric Garner’s tragic demise:

New York City police officer Eric Pantaleo choked Garner to death in July 2014, after he and other officers approached the large-framed man for selling untaxed, loose cigarettes — a crime whose only possible victim would be the revenue-shorted state. Garner, not armed and heavily outnumbered by a group of police on scene, warned desperately he could not breathe. He nevertheless paid with his life for selling tobacco that — without the legal imposition of taxation — would otherwise be a non-criminal act.

Carter contends that many such non-violent transgressions as Garner’s may begin with what seem to be merely frivolous or annoying laws, but readily ripen into interactions with police. The specter of a non-judicial execution hangs over them. “Better training won’t lead to perfection,” he cautioned of militarism in police training programs. “But fewer laws would mean fewer opportunities for official violence to get out of hand.”

 

Reversing the trend of over-criminalization in a law-and-order era

The United States will have to backtrack significantly to approach sanity in crime-related legislation and begin dismantling its tinder box of unethical incarceration, state enforcement, and unjust sentencing mandates. Considering, however, the divisive political climate and the heightened focus on law and order touted by President Donald Trump and his administration, the national penchant for cementing new law to the books shows no sign of slowing any time in the near future.


Related | Children Released From Juvenile Detention Being Billed For Incarceration


Until U.S. legislators heed the call to overhaul this over-criminalized morass, Carter warns:

“Every new law requires enforcement; every act of enforcement includes the possibility of violence. There are many painful lessons to be drawn from the Garner tragedy, but one of them, sadly, is the same as the advice I give my students on the first day of classes: Don’t ever fight to make something illegal unless you’re willing to risk the lives of your fellow citizens to get your way.”

It isn’t just modern critics who admonish the public against criminalizing every facet of life. James Madison wrote in “Federalist No. 62”:

“It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?”

Unfortunately, the United States appears no more poised as a nation to heed the alarm bells of overcriminalization in 2017 than was the case so long ago.

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Massive Prison Abolition Rally Held In Washington D.C.

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As white nationalists in Charlottesville and Boston provoked large, and at times, violent demonstrations, what may have been the largest gathering of abolitionists in the nation’s history took place in Washington, D.C.

The Millions For Prisoners Human Rights March was the first march on Washington in opposition to prison slavery since the adoption of the 13th Amendment. The amendment, which came at the end of the Civil War, did not abolish slavery in the United States but instead restricted it, allowing the practice to continue so long as it was “punishment for crime whereof the party shall have been duly convicted.”

Known as the exception clause, it is viewed by many in the movement as the bridge between chattel slavery and a system of bondage based on criminalization.

Those assembled came with specific demands. The first was the removal of the exception clause from the 13th amendment. The second demand was for a congressional hearing reviewing the exception clause as a violation of international law.

The march was two years in the making . Jailhouse Lawyers Speak, a collective of imprisoned human rights advocates, was the first to issue a call for a march. Solidarity demonstrations took place in several states.

Organizers of last year’s September 9 national prison labor strike, including the Free Alabama Movement and Industrial Workers of the World’s Incarcerated Worker’s Organizing Committee, lent their support. Grassroots organizers at IAMWE Prison Advocacy Network, helmed by director Krystal Rountree, brought the rally to reality.

The gathering was made up by a diverse coalition of prison reform and abolition groups representing various communities affected by incarceration.

In Washington, D.C., hundreds of people marched from Freedom Plaza to Lafayette Square, where a small stage was set on a lawn across the street from the White House—a symbol of American power and governance literally built by slaves.

Despite receiving little to no media coverage, the event was as compelling as it was historic. It was a show of increasing strength and solidarity for challenging legalized slavery in the United States. It also reckoned with accomplishments, setbacks, and the passage of time, as speakers took the stage to reflect on the history of slavery, the Constitution, and the prison industrial complex.

The march was planned long before last year’s national prison strike. Many incarcerated organizers identified it as the next step once strike actions wound down.

August was chosen for its significance to the movement. The 19th sits in the middle of Black August, a month of education around Black Liberation movements. It is also the month that George and Jonathan Jackson, two brothers and seminal figures within Black Liberation and prison abolition circles, were killed by state forces.

As the date drew near, multiple states, like Florida and South Carolina, took preemptive measures against those who would show solidarity with the march from the inside. In Florida, officials placed every state prison—over 97,000 people—on lockdown, restricting movement, communication, and access to programs ahead of the weekend.

 

For Righteousness And Justice, Period

“I was 15 years old when they turned me into a slave,” recalled Yusef Salaam, a member of the Central Park Five. “I want that to sink in for a second.”

“Donald Trump, who sits in that White House right over there, took out a full page ad in New York City’s newspapers calling for the reinstatement of the death penalty specifically for the Central Park Five.”

Like many of the day’s speakers, Salaam’s presence reminded the marchers of important moments in the movement’s history—moments that still have relevance to the ongoing struggle today. Salaam was joined by former Black Panthers, members of the Black Liberation Army (BLA), a member of MOVE, former political prisoners, and other abolitionists and reformers.

Ramona Africa, the sole adult survivor of the bombing of the MOVE house by Philadelphia police in 1985, has seen nearly four decades of repression against her family members, the political prisoners known as the MOVE 9.

“Those running this system have trampled over people, ever since this system. So I take any opportunity I can to speak out, not only for my brothers and sisters who’ve been imprisoned 39 years for a crime they didn’t commit, but for righteousness and justice, period,” Africa said in an interview with independent journalist Chuck Modiano.

He highlighted segregation laws and the Dred Scott decision, which deemed that Black people had “no rights which the white man was bound to respect.” He referenced how the constitution deemed Black people “three fifths of a man and no count for a woman.”Jihad Abdulmumit, Chairperson of the National Jericho Movement and a former BLA member and political prisoner, focused on the absurdity that being “duly convicted” could subject someone to slavery within a government where there have been so many unjust and immoral legal practices.

“Can’t drink from this water fountain laws, can’t pee in this toilet laws, reckless eyeballing of white woman laws, can’t travel after dark laws,” Abdulmumit said. “Or maybe it’s talking about the FBI’s counterintelligence program (COINTELPRO), maybe it’s talking about the set-ups and the frame-ups and the domestic Black Ops.”

But the rally’s younger participants had some of the strongest messages, focused on systemic and intersectional critiques and connected to the abolition of prisons and slavery in our time.

Hana X Abdur Rahim from People’s Justice Project was one of the boldest young voices for Black liberation and abolition.

“I am here to build Black Power, because without Black Power we do not have power,” she said. “I am here to build true liberation, not reform, because fuck reform!”

“The true path to freedom, justice, and liberation is in abolishing the 13th Amendment [exception] clause.” To achieve abolition, Abdur Rahim said people must “speak on the abolishment of the biggest terroristic gang in America, the modern day slave catchers, which is your local police department, backed by the Fraternal Order of Police.”

“America is a slave nation,” she said. “We need to say it. We need to believe it. We need to be literal in our speech. It is not mass incarceration. It is slavery.”

 

Whose Lives Matter?

April Goggans of Black Lives Matter D.C. began her remarks by connecting Black Lives Matter as an organization that fights for justice for victims of police violence to the struggle against the prison industrial complex and immigrant detention.

“We should be just as outraged at every soul that sits in a jail cell, or in a tent in the desert at a jail, to immigrants in detention centers. If we haven’t made that connection between police and ICE [Immigration and Customs Enforcement], we are missing out. ICE is the police.”

In a conversation with Chuck Modiano, she discussed “alternatives to calling the police, because the end result is incarceration.”

She highlighted life in southeast D.C., in one of the only remaining majority-Black wards of the nation’s capitol, where the Black population has decreased by over 220,000 people since 1970 due to gentrification.

“When we see our young folks on the corner, we’ve got a whole neighborhood full of folks who just love to call the police on them. Because that’ll teach them a lesson, right?” Goggans said.

“We use the police to police each other, to police ourselves into jails where there are more police.”

Goggans addressed popular misconceptions that contribute to the prison industrial-complex.

“It’s a lazy assumption to continually say that Black Lives Matter does not care about Black on Black crime. Black on Black crime doesn’t damn exist. We live in communities where if everybody in your community is Black, chances are both sides of whatever transpires are going to be Black.”

“To label it as such is for what, optics?” she said.

Goggans described the tactics of the “Gun Recovery Unit,” which polices D.C.’s predominantly Black seventh district, where she resides. Officers in the unit wear a t-shirt with the sun cross, a white supremacist symbol, placed over the “O” in the word “Powershift.”

At this point in her speech, someone in the crowd shouted, “Fuck the Police!” to which Goggans responded, “Absolutely, fuck the police! I’m all about that, because the other thing that’s killing us is our respectability.”

“Stop telling these young men and women to pull up their pants,” she said. “Why? Who did that stop from getting shot? I’m still looking.”

Goggans shared her hopes for her own 19 year old daughter’s safety, but then recalled the story of Miriam Carey, an office manager at a dental practice who was killed by police in front of her 13 month old daughter for making a U-Turn at a checkpoint near the White House. The incident occurred a few hundred yards from where Goggans addressed the crowd.

“There is no perfect victim,” she said. “There is no perfect prisoner that we fight for. It’s the institution that is sick.”

The Metropolitan police in D.C. have killed almost one person for every month in the year, she said, noting that most people even within D.C. don’t know their names.

“Because we still are talking about respectability. Whose lives matter? Nobody wants to talk about prisoners, because what’s the first thing that they say? ‘Well, they must’ve done something to get in there.’”

Most conversations about prisoners lead into this myth of rehabilitation, she said, in which “bad” people go to prisons, so that they can come out “good.”

“If you have bought into that bullshit, then we’re just lost,” Goggans said. “If you believe in prison abolition, if you believe in prisoner’s rights, then there is absolutely no reason that someone comes back to our community and has no support.”

Goggans highlighted the level of organization and community involvement that enable actions, like the Montgomery Bus Boycotts. She challenged the crowd not to be complacent with online resistance and spectacles, which don’t lead to meaningful action. People must build the structures and resources necessary for resistance within their own communities, she said.

“How do you stop mass incarceration from the beginning? Community defense. And that means so many things. Do you have doctors in your community? Because you can’t take everybody to the hospital and feel like they’re going to come home and not to jail, depending on how they decided that person got there.”

“What is the world without prisons, the world without police? Who has the power? Who makes the decisions? Those are the decisions that we have to make within ourselves within our communities.”

“This is not a feel good day to pat ourselves on the back. This is a day of action,” she said. “Everything you do should have an action. We’re done talking. We’re done marching for the sake of marching.”

A few minutes later, observers got a chance to show that abolition is not just a theory but a practice that has many forms. As James Mackey from Stuck On Replay shared his experiences and spoke about the impact incarceration has had on his family, a man ran up to the stage and started shouting at him.

The man, who said he was a military veteran, was clearly upset and claimed Mackey didn’t know what he was talking about, yelling that Mackey wasn’t doing anything to help. As police began to station themselves closer to the crowd, some of the rally’s participants formed a wall with their backs to the police to shield their vision. Others began to put their bodies between the disgruntled man and Mackey. They walked him away from the stage and spoke with him for a while, de-escalating the situation enough to allow the event to resume.

 

Assessing Change From A Solitary Cell

The Angola 3’s resistance to prison slavery is legendary and draws upon some of the most direct and literal connections between slavery in the Antebellum south and how it still looks today.

At Louisiana State Penitentiary, also known as Angola, they organized in a prison built on four contiguous slave plantations, where the earliest inmate lock-ups were slave quarters before the Civil War.

Angola still operates to this day, producing millions of pounds of produce annually on the backs of incarcerated people, who are paid, at most, pennies an hour and in many cases nothing at all for their labor.

“I think one thing that being in solitary confinement did was it sharpened my sense of observation,” said Albert Woodfox in an interview with Eddie Conway of TheRealNews.com. Albert Woodfox, who co-founded a Black Panther Party chapter inside Angola, spent the better part of 44 years in solitary confinement—the longest stretch of any prisoner in U.S. history.  Woodfox came to the march to support his Angola 3 comrade Robert King and answered questions for the few independent media outlets covering the event.

“One of the questions I was asked the most was, ‘How have things changed since spending 44 years in solitary confinement and in prison?’” noted Woodfox.

“From the observation of my surroundings and people, I felt that there was no real meaningful change in America. That all the changes were all superficial. And then along comes Donald Trump to prove that my observations were all correct.”

King’s speech centered around encouraging people to continue to remain active and spread the message to the American people about the ongoing existence of slavery in the U.S. as permitted under the 13th Amendment.

“The only way that you can create a wave…you have to disturb the water,” King said.

“If you throw a pebble in the pond, you’ll get a ripple. If you throw a million pebbles in a pond, ten million pebbles in a pond, you get more than a ripple my friend. You get a wave. You get a tsunami. Something that can wash away a lot of bad things.”

Top photo | Krystal Rountree of IAMWE Prison Advocacy Network. (Photo: Brian Sonenstein/Shadowproof)

 Published in partnership with Shadowproof.

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‘Don’t Do Drugs:’ Inmate Dies From Opioid Withdrawal Under Controversial ACH Program

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The family of a deceased man who was incarcerated at Kentucky’s Bourbon County Jail has filed a federal lawsuit against the county, jail officials, and the private medical contractor Advanced Correctional Healthcare. They allege “deliberate indifference” was shown to the man’s “obviously serious medical needs,” as he suffered from opioid withdrawal.

Shannon Bowles was arrested for public intoxication on March 15, 2016, at the age of 41. He died less than two weeks later in the emergency room.

When Bowles arrived at the Bourbon County Jail, medical staff found heroin on him and noted he was “nervous, his pupils were non-responsive, his hands were shaky, and that he had a reported history of drug abuse.”

Bowles was taken to a hospital for evaluation that day and diagnosed with substance abuse. When he was discharged back to the jail, the hospital included a note in his file that read, “Please monitor closely. Return to [emergency department] if symptomatic. [Follow up] with [primary care physician] in the AM.”

A follow-up examination by Advanced Correctional Healthcare staff noted he was “figity (sic)” and suffered from nausea and diarrhea. The lawsuit [PDF] points out,”In the space marked ‘Patient Education,’ [a nurse] wrote: ‘Don’t do drugs.’”

Bowles requested medical attention the next day, reporting headaches and that he couldn’t sleep. He was given the antibiotic Amoxycillin, Tylenol, and a warm compress for his face.

Less than a week later, officers found Bowles shaking in his cell and complaining of a migraine in the early morning hours. He said he was going to pass out. This persisted for five hours until he was given more Tylenol and Vistaril, a drug for anxiety and restlessness.

Bowles was seen by a nurse later that day, who noted he complained of a headache, neck pain, sinus pressure, nausea, and vomiting—symptoms he said had persisted for the last two days. He was prescribed Dilotab, an over the counter drug for headaches and sinus pain, and was advised to continue resting and applying warm compresses.

Bowles filled out another request for medical attention three days later. In addition to ongoing migraines and an inability to sleep, he complained of leg cramps. Records indicate he was not seen by a member of the medical staff. He filed another request the next day and was escorted to the jail’s medical clinic, where he told staff he felt dizzy. The nurse noted his hands were shaking and his pupils were dilated. Bowles was told again to rest and put a cold cloth on his face and to “try to relax” while they contacted the nurse.

Less than an hour after he was seen in the clinic, Bowles was found passed out in the bathroom. A wheelchair was brought for him, and he complained of “extreme pain” in his head and neck. He said his eyes were “hurting bad and it was hard to see.”

Medical staff decided he needed to go to the emergency room for “fluids and shots for a migraine.” But video from the jail shows he may have stayed there for over an hour more as he sat in his wheelchair vomiting into a bucket. His face was “contorted in agony,” and he was “beating his head with his hands.”

By the time Bowles was taken to the emergency room, doctors conducted blood tests and tried to stabilize him. But while he waited for the test results, he became unresponsive and could not be revived.

Bowles’ brain had been bleeding. His death was caused by a “bleeding temporoparietal mass.”

The lawsuit argues, “His death while awaiting a real differential diagnosis of his real problem by a real doctor only emphasizes the ‘time-is-of-the-essence’ nature of his condition.”

It further claims, despite orders that he be monitored closely by a physician and returned to the hospital if his symptoms persisted or worsened, and despite ten days of visible suffering, Bowles was never “seen by a physician or [Advanced Practice Registered Nurse].” Instead, he was “left entirely in the hands of a [licensed practical nurse] and (perhaps) a [registered nurse] who cannot diagnose a patient’s problem, and cannot treat a patient’s complaints without a physician or [Advanced Practice Registered Nurse] order.”

Furthermore, the complaint says, while the jail had an “Emergency Medical Services Policy” that would have ordered Bowles back to the hospital in his condition, that policy was ignored whenever ACH medical staff were on site.

Finally, the lawsuit points out that Bowles was indigent, but was “bonded out” before being transported to the emergency room “solely to avoid Defendant’s obligation to pay for the resulting medical expenses.” This move left Bowles’ family liable for paying his substantial medical bills “incurred in the futile effort to save Mr. Bowles’ life.”

The details contained in Bowles’ lawsuit follow a familiar pattern for people in need of serious medical care in jails where Advanced Correctional Healthcare provides services.

As Shadowproof has reported numerous times over the past three years, ACH’s services are specifically marketed to jails as a way to both control medical costs and reduce legal liability. These services are attractive to local governments, which face limited budgets, high medical costs, and significant legal liability for failing to provide adequate medical treatment.

Under ACH agreements, jail staff are required to defer all treatment decisions to the company, even in emergencies. The jails are inadequately staffed with medical personnel, who often lack the training and qualifications to provide necessary treatment. These staff members are trained to treat medical complaints with suspicion as possible acts of ‘malingering’—a term used to describe exaggerated or feigned illnesses by those who seek preferential treatment or extra comforts.

On-site medical staff defer most serious medical needs to physicians known internally as “circuit riders” because they travel to various jails in their region. These doctors provide care and advice mostly over the phone or on an on-call basis. They visit jails once a week or less, and many times are unable to see all patients, who require their attention. In some cases, the nurses and doctors hired by ACH have been disciplined by medical boards for unethical practices.

In sales presentations to county officials, ACH officials maintain that medical care on the outside is fundamentally different from what is necessary on the inside. They claim most medical care is “elective” behind bars, and therefor not the responsibility of the jail. To that end, staff withhold or alter prescription regimens, substituting cheaper or over the counter drugs, and disregard medical histories and treatment plans provided by outside physicians. They routinely refuse to administer psychotropic drugs.

ACH policies suppress costs by avoiding expensive but necessary off-site, emergency, or specialized treatments, which would usually be the financial burden of the county so long as the person is in custody. When they do send someone off-site, it is usually not until their condition has progressed to a perilous degree, at which point the individual is released on their own recognizance to shift the financial burden away from the county to the person and their family.

The contractor purchases insurance for the county and indemnifies jail and county officials from medical claims so long as they always defer to ACH. While these arrangements tend to please county officials, who see lower costs and protection from legal action, they come at a steep cost for incarcerated people with serious medical needs, who can end up permanently injured, disfigured, or develop new long-term medical issues. Or, in some cases, they die.

This is a particularly dangerous arrangement for inmates with chronic medical needs, such as diabetes. It is also dangerous for those who have histories of substance abuse and come to jail addicted to opioids, alcohol, or other substances because they are forced to detox without the proper medical assistance.

Shadowproof has profiled multiple lawsuits against Advanced Correctional Healthcare involving withdrawal that follow a narrative that closely resembles that of Bowles’ case. Whitney Elizabeth Foster was left blind and partially paralyzed in Alabama after being forced to withdraw in jail in 2014.

Tammy Perez died in Indiana after entering the jail with heroin still in her system. ACH officials told her to “stop being a drama queen” as her condition deteriorated.

Brandon Clint Hacker died at the Madison County Jail in Kentucky due to complications from heroin withdrawal.

Kenneth Collins nearly died after suffering severe delirium tremens when he was forced to detox from alcohol in 2013.

These are a handful of the cases for which federal lawsuits were filed. Many more cases have likely not been pursued in court due to the steep costs and difficulty of pursuing such legal action.

Top photo | Screenshot from Advanced Correctional Healthcare advertisement on YouTube.

Published in partnership with Shadowproof

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Justice Department Has No Idea If Their Incarceration Alternatives Work

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The Justice Department is not evaluating the performance of pretrial diversion programs, residential re-entry centers, and home confinement, according to congressional testimony from the Government Accountability Office (GAO).

Under President Barack Obama administration, the Justice Department sought to reduce booming federal prison populations by providing alternatives to incarceration for people with low-level nonviolent offenses.

Although federal prison populations and recidivism rates declined slightly in recent years, overcrowding remains a major issue, and there are still far too many people returning to prison. Forty-nine percent of people released in 2005 were rearrested, 32 percent were re-convicted, and 25 percent were re-incarcerated within eight years.

Diana Maurer, director of GAO’s Homeland Security and Justice Office, delivered her remarks [PDF] to the House Committee on Oversight and Government Reform on December 13. Her testimony came as GEO Group, CoreCivic, and other private prison companies dominate these areas of the legal system.

Maurer told Congress the Department of Justice is not identifying, obtaining, and tracking data on pretrial diversion program outcomes. These are programs which give people an opportunity to avoid prosecution and incarceration for certain offenses if they complete a program, such as substance abuse treatment.

She said the department has more work to do in shifting prosecution priorities and reforming sentencing in ways that eliminate unfair disparities.

Some of these efforts undertaken by Obama as part of its Smart On Crime initiative were rolled back by new guidelines issued by Donald Trump’s presidential administration.

According to Maurer, the Justice Department is not tracking the amount of time it takes for clemency petitions to go through review, which makes it difficult to assess whether there are processes that contribute to unnecessary delays which should be corrected.

The Justice Department established a plan for evaluating the effectiveness of residential reentry programs and is working to improve cost controls by requiring contractors to submit separate prices for reentry center beds and home confinement services. But without a way to measure their performance, it is impossible to know their effect on recidivism rates and whether they are helping people successfully reenter society.

Maurer said to the committee that “knowing the outcomes of these efforts can help [Bureau Of Prisons] adjust its policies and procedures, and ultimately optimize their benefits.”

Private prison companies faced enormous public backlash for their inhumane treatment of people held in the state and federal prisons and immigrant detention centers they operate. They responded by cashing in on treatment and rehabilitation through billions of dollars in mergers and acquisitions in this space.

GEO Group, for example, operates pretrial diversion programs and residential reentry centers. They also profit from home confinement services, where people are placed under house arrest and subject to curfews, random staff visits, and electronic monitoring.

The Justice Department’s ignorance of how these efforts perform is ideal for contractors. It gives contractors an opening for more business without having to prove that their lucrative services actually provide the support needed to reduce recidivism.

The lack of data on how these programs work also obscures the degree to which incarceration is shifted to other locations outside of traditional prison facilities.

Altogether, conditions are perfect for contractors, which already have lengthy records of abuse and corruption.

Top photo | Razor wire at the maximum-security Mount Olive Correctional Center in Mount Olive, W.Va. (AP/Steve Helber)

Published in partnership with Shadowproof

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California Maybe Replacing Its ‘Prison-Industrial Complex’ With Something Far Worse

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California Prisons Second Strikers

Prisoners from Sacramento County await processing after arriving at the Deuel Vocational Institution in Tracy, Calif. (AP Photo)

California made headlines last week when Governor Jerry Brown allocated a record $11.4 billion to the state’s corrections department in his May Revision to the budget, translating to $75,560 per individual — the highest per-inmate cost in the nation.

Media outlets ran amok with headlines comparing the costs of imprisonment to tuition at the country’s premier private university.

That’s enough to cover the annual cost of attending Harvard University and still have plenty left over for pizza and beer,” quipped Don Thompson of the Associated Press.

Yet in consideration of decreasing prison populations and statewide ‘reforms,’ this five-figure sum is more alarming than amusing.

Since 2006, California’s inmate population has gone down by nearly a quarter, due in part to a Supreme Court mandate that found conditions in California’s notoriously overcrowded prisons to be ‘cruel and unusual punishment.’ The inmate population further declined after California passed a proposition in 2014 that reduced sentencing for nonviolent drug offenders. Still, the annual corrections budget has continued to increase, with current costs now double what they were in 2005.

But the very same budget report that allocates $11.3 billion to corrections also predicts an additional population decrease of 11,500 inmates over the next four years.

So what gives?

Part of the answer, at least, comes down to prison unions.

It’s an example of how powerful public-sector unions keep the state from getting spending under control, even when the need for such spending plummets,” wrote Steven Greenhut in an op-ed for the California Policy Center.

The California Correctional Peace Officers Association (CCPOA) is one of the most powerful public sector unions in the state. In an article shared on the Prison Activist Resource Center, writer Tim Kowell tracked CCPOA’s massive legacy of influence in a timeline spanning over 50 years.

This includes a $2 million dollar campaign contribution that the CCPOA made to Brown’s gubernatorial bid in 2010, reportedly by funneling the money into independent campaign expenditures. This, CalWatch.org says, made Brown “Prisoner of the Guards Union.”

If the union has Brown in a bind, it could explain why correctional officers in California are the second-highest paid in the nation (the first is New Jersey), earning an average of $70,020/year.

That’s more than the average salary of an assistant professor with a PhD at the University of California,” Kowell noted.

It’s no wonder, then, that incarceration costs are beginning to resemble the tuition fees of a top-tier university.

Further, as the Associated Press reported, California Correctional Peace Officers Association are currently negotiating the details of a contract that would cost taxpayers more than $1 billion over the next three years.

Nichol Gomez, spokeswoman for the California Correctional Peace Officers Association Union, says the extra funds are needed for special programming.

Vocational, academic, mental health and medical programs are not cheap, but we’re doing our best to provide programs that give people the best chance to succeed once released,” she said in an interview with the Associated Press.

California Department of Finance spokesman H.D. Palmer, who also spoke with the AP, backed Gomez’s claims, attributing the increasing cost to “unique pressures,” such as prison healthcare and remote prisons.

What Palmer and Gomez are describing is consistent with a trend in recent years that has states investing more money in reform and rehabilitation than in prisons themselves. This has lead to the corporate privatization of these social services in what is now being called the “treatment-industrial complex.”

The treatment-industrial complex is similar in theory to the well-known prison-industrial complex. The American Friends Service Committee (AFSC) has explained that “the financial incentive for private prison corporations is to keep people in custody or under some form of supervision for as long as possible at the highest per diem rate possible in order to maximize profits.

The difference between the two is that instead of privatized carceral facilities, the treatment-industrial complex leads to outsourced social services, including privatized treatment centers and halfway houses.

The main players in the treatment-industrial complex are the very same ones involved in the for-profit prison industry. They are corporations like GEO Group, the second-largest private correctional facilities provider in the U.S. In recent years, they have strategically shifted their focus toward prison alternatives.

As the AFSC reports:

“In 2010, GEO Group acquired BI Incorporated, which makes electronic monitoring products, including GPS ankle bracelet monitors, voice verification technology, and alcohol monitors for individuals on home confinement. The company boasts of its newly reorganized ‘Community Services’ unit, which operates halfway houses, day reporting centers, and juvenile detention facilities. This segment represented 20% of GEO Group’s operations in 2012.”

According to their website, Geo Group owns 101 ‘Residential Reentry” “Day Reporting” facilities nationwide. California alone houses 23 of these sites, the most of any state.

As Politico reported last March, California is one of 25 states that contracts some or all of their correctional health care to private companies.

In last year’s Budget Act, California put aside $25 million for a community-based transitional housing program that “encourages cities and counties to support transitional housing that provides treatment and reentry programming to offenders released from the criminal justice system, and to any other persons who the applicant city or county believes may benefit.

Notably, Brown’s May revision to the program asserts that “there is no limit on the amount the city or county may provide the facility operator.”

For corporations like Geo Group, this means that ‘rehabilitation’ is turning out to be a lucrative business.

As Michelle Chen of The Nation writes:

On principle, reducing incarceration is necessary and just. But some activists fear private-sector solutions might pervert prison reform into a neoliberal variation of convict leasing, in which industry and state collude to ‘redeem” society’s undesirables.’

In terms of the costs to taxpayers, criminal justice analyst Drew Soderborg told the Associated Press that “[r]eal savings won’t come unless the inmate population drops so low that the state can start closing prisons.

Yet with so many vested interests involved in keeping correctional facilities open, that reality seems far-fetched. Even if prisons were to be shut down, the treatment-industrial complex indicates that the next iteration of for-profit prison institutions is already here, and they are already taking our money.


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Texas Passes Landmark Law Requiring Treatment Instead Of Jail For Mentally Ill

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Jeanette Williams places a bouquet of roses at a memorial for Sandra Bland near A&M University, in Prairie View, Texas. (AP/Pat Sullivan)

Jeanette Williams places a bouquet of roses at a memorial for Sandra Bland near A&M University, in Prairie View, Texas. (AP/Pat Sullivan)

Texas Gov. Greg Abbott on Thursday signed into law a measure that seeks to address the circumstances that led to the death of Sandra Bland, a black woman found dead in a county jail days after being arrested during a routine traffic stop.

The Sandra Bland Act mandates county jails divert people with mental health and substance abuse issues toward treatment, makes it easier for defendants to receive a personal bond if they have a mental illness or intellectual disability, and requires that independent law enforcement agencies investigate jail deaths. The law takes effect Sept. 1.

The law’s namesake, a 28-year-old from Illinois, died in the Waller County Jail in 2015. Her arrest followed a lengthy argument between Bland and then-Department of Public Safety Trooper Brian Encinia, which was documented by the officer’s dashboard camera.

After Bland’s death – which was ruled a suicide – her family, activists and lawmakers swiftly criticized the rural jail’s leadership and Encinia. With a new legislative session a long way away, the Texas Commission on Jail Standards was first to offer a solution, revising the intake screening process of county jail inmates to better identify mental health issues. During the legislative session, state Rep. Garnet Coleman of Houston introduced a bill named in honor of Bland. A comprehensive piece of legislation, the bill originally tackled racial profiling during traffic stops, consent searches and counseling for police officers who profiled drivers, in addition to jail reforms.


Related: Instagram Temporarily Blocks #SandraBland In Attempt To ‘Control Hate Speech’


That bill didn’t move out of committee because of opposition from law enforcement groups and lawmakers concerned about unfunded mandates. The Senate version of the bill, by state Sen. John Whitmire of Houston, removed much of the language related to encounters with law enforcement (de-escalation training remained) and became a mostly mental health bill, which ultimately passed both chambers without opposition.

Bland’s family expressed disappointment in the Senate version of the bill, calling it a missed opportunity because it removed language relevant to Bland’s stop.

The bill Abbott signed Thursday increases public safety, Coleman said in a statement.

“The Sandra Bland Act will prevent traffic stops from escalating by ensuring that all law enforcement officers receive de-escalation training for all situations as part of their basic training and continuing education,” he said. 


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Judge Rules Texas Prisons Lack Of Air Conditioning ‘Cruel And Unusual’ Punishment

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Prison staff and inmates move through the Darrington Unit's main hallway on July 12, 2017.  (Jolie McCullough/The Texas Tribune)

Prison staff and inmates move through the Darrington Unit’s main hallway on July 12, 2017.
(Jolie McCullough/The Texas Tribune)

ROSHARON — Just 30 miles south of the urban epicenter of Houston, the scene around one of Texas’ oldest maximum-security prisons has a much more rustic quality.

The brick buildings of the prison have been part of the rural landscape since 1917 and sit among acres of farmland at the end of a long, tree-lined road. Prison officials clad in boots and cowboy hats patrol the grounds on horseback, and inmates are hauled in from work duty in the fields on a wagon hitched to a tractor.

On a recent muggy July morning, visitors and staff at the main gate dropped their identification into a cloth bucket attached to a rope pulley so the guard in the tower could hoist up their cards and approve their entry.

Inside the prison’s main hallway, industrial fans roared against the heavy air. The Darrington Unit, like almost 75 percent of the state’s prisons and jails, has no air conditioning in the inmate’s living areas.

The lack of cooling in Texas prisons has thrown both controversy and an ongoing class-action lawsuit onto the Texas Department of Criminal Justice. Inmates at another Texas prison claim that the heat constitutes cruel and unusual punishment and argue that prison housing should be kept at a maximum of 88 degrees.

On Wednesday, a federal district judge in Houston agreed, issuing a scathing order against the department and ordering that air conditioning be provided for medically-sensitive inmates at the Pack Unit southeast of College Station within 15 days. 

“Each summer, including this one, Plaintiffs face a substantial risk of serious harm from the sweltering Texas heat, and Defendants have been deliberately indifferent in responding to this risk,” Judge Keith Ellison wrote in his 101-page ruling.

The injunction was a big victory for the inmates at the Pack Unit, but the case isn’t over. The state announced Wednesday afternoon it would appeal the judge’s temporary order, which expires after 90 days.


Related: Texas Prison Objects To Ruling That It Must Provide Arsenic-Free Water To Prisoners


An appeals court is considering whether the underlying lawsuit can remain a class-action and apply to the entire prison instead of only the plaintiffs. But Ellison said in his Wednesday ruling that the plaintiffs are “likely” to succeed when the case goes to trial, which would result in permanent changes at the unit. Jeff Edwards, an attorney for the Pack Unit inmates, said he expects the trial to begin later this year.

Edwards said Wednesday’s ruling was “significant” and “makes it clear that the Constitution applies to everybody, which I think is important and frankly can’t be said enough.”

In a statement, Texas Attorney General Ken Paxton said expensive air conditioning systems are “unnecessary and not constitutionally mandated.”

“The judge’s ruling downplays the substantial precautions TDCJ already has in place to protect inmates from the summer heat,” Paxton said. “We’ll appeal the decision and are confident that TDCJ is already doing what is constitutionally required to adequately safeguard offenders from heat-related illnesses.”

 

Fans and ice water

Most of the inmate plaintiffs in the lawsuit, filed in 2014, have medical conditions or are taking medications that makes hot summer days more dangerous.

The lawsuit points to 23 deaths and hundreds of illnesses related to heat in Texas prisons since 1998 and says that elderly, disabled and “medically sensitive” inmates — including those with heart disease, diabetes and obesity, or those taking medications like anti-psychotics that impair the body’s natural cooling system — should be protected from extreme heat.

Judge Ellison ruled that those inmates should have air conditioning.

TDCJ has maintained that there are sufficient measures in place to safely cool inmates.

“The safety and security of not only our staff, but our offenders that we are charged with overseeing is paramount to us,” TDCJ spokesman Jason Clark said from an office inside the Darrington Unit last week. “So we take numerous precautions to ensure that we mitigate those extreme temperatures. And we believe those mitigating efforts are effective.”

The department does have a number of measures in place to combat the heat and humidity in Texas prisons, including unlimited ice water, personal fans, wellness checks for high-risk inmates, and access to “respite” areas with air conditioning — like the chapel or classrooms. Clark said they are continuously monitoring and updating heat protocols each year. 

“Each summer we continue to refine our processes better and better,” Clark said.

Hear Darrington inmate John Rago speak on living at a Texas prison in the summer heat.

At Darrington, inmates excitedly mentioned the new addition of large fans in the main hallway and the relatively recent addition of unlimited ice water.

“Now that we’ve got the ice coolers and the new fans, compared to eight years ago it’s a whole lot better,” 29-year-old Anthony Brown said as he cooled off before getting his weekly haircut in the air-conditioned barbershop. Brown has served nine years of a 45-year murder sentence, according to TDCJ records.

Still, there was no denying the heat and humidity building within the prison walls by mid-morning. In the cells, men lay on their beds in boxers with personal fans pointed at them. After about two hours in the prison, Clark indicated it was time to leave and joked to the warden that he “only brought one shirt.”


Related: Texas Incarcerates Immigrant Children In Private Prisons They Call ‘Day Care Centers’


In his ruling on the Pack Unit, Judge Ellison called the steps taken by the department “the bare minimum.”

“They have implemented mitigating measures that they know, or should know, are ineffective given the extreme heat at the Pack Unit, and they have failed to consider seriously the many more effective options available to them,” he wrote.

Aside from air conditioning for higher-risk inmates, Ellison’s injunction also requires the temporary addition of new window screens in all housing areas so inmates can let in fresh air without being harassed by mosquitoes and other insects.

The injunction also orders the department to implement a plan of action for heat waves, citing the heat-related deaths of at least 10 TDCJ inmates during a heat wave in 2011, according to the ruling.

 

Cost estimates vary for air conditioning

In the end, the argument comes down to money. TDCJ said that retrofitting the Pack Unit — built in 1983 — to include air conditioning would be an “undue burden” on the state, according to their court filing. The state has spent more than $2.1 million defending the lawsuit as of May, according to records from the Attorney General’s Office.

“Prisons built in the eighties and nineties, which were specifically approved by the federal courts…didn’t include air conditioning because of the added construction, maintenance and utility costs,” the department said in its official statement on the ongoing lawsuit.

Estimates for adding air conditioning to the prison vary enormously. In the June hearing, an expert put the cost at $450,000 to install units for the housing areas, and $175,000 in annual costs, according to the plaintiff’s filings. A study contracted by TDCJ put the bill at more than $22 million to install air conditioning in all of the unit, and $477,678 a year to operate.

To install temporary air conditioning for only this summer, the prices differed from the plaintiffs’ expert’s estimate of $108,000 to the state’s $1.2 million.

The judge’s ruling called the state’s estimates “overstated,” and Ellison said TDCJ’s large budget should be able to cover the expenses. As a cost-saving option, he said the prison could “re-configure areas that are currently air conditioned to accommodate the heat sensitive, or move them to other facilities in Texas.”

“Even if the remedies ordered would be ‘fiscally catastrophic’ for TDCJ, as Defendants maintain they are, the Fifth Circuit has held that ‘inadequate resources can never be an adequate justification for depriving any person of his constitutional rights,’” he added.

And if the courts eventually rule that the state needs to spend the money to permanently install air conditioning at the Pack Unit, will that lead to similar rulings for the other 77 of Texas’s 106 prisons that lack air conditioning for inmates?

Edwards, the plaintiffs’ lawyer, said while the lawsuit only applies to the one prison, the reasoning behind the lawsuit could “easily apply to any if not all” Texas prisons.

“The Pack Unit is not an anomaly in terms of how hot it gets,” he said.

But that decision won’t be made for a while. Meanwhile, the inmates at Darrington and most other Texas prisons have to deal with the heat.

Robert Stewart, a bald, quiet 50-year-old murder convict with one eye, got a break from the heat of his prison cell awaiting a church service in the prison’s high-ceilinged and air-conditioned chapel.

“After a while you adjust to it,” Stuart mumbled while holding a manila folder labeled “Anger management.” “You don’t have much of a choice, you just have to accept it. It’s not something I’d recommend to anyone.”


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Private Prison Demands 300 More Prisoners Or It Close Down

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New prisoners at the Department of Youth Services Detention Center begin the intake process by being searched Thursday, Jan. 31, 2002. (AP Photo/Will Shilling)

New prisoners begin the intake process by being searched – File Photo (AP/Will Shilling)

New Mexico — A small community in New Mexico is learning firsthand the consequences of relying on corporate industry to fuel your economy. In the case of Torrance County, it’s the private prison industry. From a July 25 article by the Santa Fe New Mexican:

“The company that has operated a private prison in Estancia for nearly three decades has announced it will close the Torrance County Detention Facility and lay off more than 200 employees unless it can find 300 state or federal inmates to fill empty beds within the next 60 days, according to a statement issued Tuesday by county officials.”

The closure of the prison would mean a loss of about $700,000 in annual taxes and utility payments for the town of Estancia, which has a population of 1,500. Surrounding Torrance County would see a loss of around $300,000. Incidentally, the county has no jail of its own, meaning the sheriff’s department would have to find new housing for the 50 to 75 people it arrests each month.

“This is a big issue for us,” county manager Belinda Garland told the Santa Fe New Mexican“It’s going to affect Torrance County in a big way.”

The corporate entity that operates the facility, CoreCivic — formerly known as Corrections Corporation of America — is the second-largest private prison company in the nation. CoreCivic spokesman Jonathan Burns said this of the closing:

“The city of Estancia and the surrounding community have been a great partner to CoreCivic for the last 27 years. CoreCivic is grateful for the support the community has shown through the years and we’re honored to have been a part of that community. Unfortunately, a declining detainee population in general has forced us to make difficult decisions in order to maximize utilization of our resources.”

The majority of the facility’s inmates are detainees of Immigration and Customs Enforcement (ICE), and CoreCivic officials point to a sharp decline in border arrests, along with criminal justice reforms, as causes behind the closure.

Chad Miller, the warden of the facility, told the Mountain View Telegraph the inmate population has been well under full capacity for a long while.

“The reality is that we’ve been operating at a loss for the last four years,” he said“The question became for the company, ‘How long can you run something that’s not profitable? At what point do you say enough is enough?’”

Currently, state and local officials are working with CoreCivic to try to secure more contracts — meaning more bodies — before facility operations end on September 23.

“We’re reaching out to anybody that can help us,” county manager Garland said“We hate to see this facility close.”


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An Outdated Legal System Is Punishing Minor Offenses With Decades Of Jail Time

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California Prisons Second Strikers

Inmates from Sacramento County await processing after arriving at the Deuel Vocational Institution in Tracy, Calif. (AP Photo)

KANSAS (Analysis)– For a nation lauding itself as the “land of the free,” the United States certainly maintains a remarkable number of laws criminalizing activities most would consider part of their daily lives. From kids penalized for setting up a lemonade stand to the prohibition of cannabis, seemingly everything Americans do has attached to it a law, license, permit, or regulation, as well as a consequent penalty.

A penalty — as a list of thousands killed by police in recent years during encounters surrounding countless non-violent “crimes” attests — up to and including death.

The U.S. justice system grapples with a number of systemic problems. Among them are unjustified yet unpunished police violence, the opioid epidemic – and other drug-related issues, as well as backlogged courts and a proclivity toward punitive incarceration — the result of which has rightfully garnered the U.S. a reputation internationally as a prison state. When debating reform in these and other areas, overcriminalization as a root cause is rarely considered. But it must be.

The United States’ law-and-order love affair has mired disadvantaged communities in a nearly inescapable loop beginning in childhood, known as the “school-to-prison pipeline.” The American Civil Liberties Union describes this phenomenon as “a disturbing national trend wherein children are funneled out of public schools and into the juvenile and criminal justice systems. Many of these children have learning disabilities or histories of poverty, abuse, or neglect, and would benefit from additional educational and counseling services. Instead, they are isolated, punished, and pushed out.”


Related | Study: Mass Incarceration Barely Reduces Crime


In economically disadvantaged and even wealthy neighborhoods, black market drugs can represent a promising income opportunity — enough to make the risks of jail or prison time negligible in comparison. This reward/risk ratio prevails even in locations held to mandatory minimum sentencing guidelines implemented in a hotly-contested crime bill passed during the administration of President Bill Clinton.

Consider the example of Weldon Angelos. Convicted of possessing cannabis worth only $1,000, Angelos received a stupefying 55-year sentence, without the possibility of parole, from Salt Lake City federal judge Paul Cassell.  

Members of Safer Choice stand in protest at the federal appeals court in Denver where the court was hearing the appeal of Weldon Angelos of Salt Lake City. (AP/Ed Andrieski)

Members of Safer Choice stand in protest at the federal appeals court in Denver where the court was hearing the appeal of Weldon Angelos of Salt Lake City. (AP/Ed Andrieski)

Cassell, tied to mandatory minimum sentencing without recourse, later sparked both praise and scorn by stating publicly his regret for condemning the 24-year-old Angelos to what amounted to a life sentence. “If [Angelos] had been an aircraft hijacker, he would have gotten 24 years in prison… And now I’m supposed to give him a 55-year sentence? I mean, that’s just not right. That wasn’t the right thing to do. The system forced me to do it,” Cassell lamented in 2015, adding that, “Mandatory minimums can be used to send a message, but at some point, the message gets lost.” Angelos’ nightmare incarceration — one example drawn from multitudes — will end when and if he survives in prison through 2059. By then, he will be 78 years old.

Clearly, much is wrong with this picture. But efforts to extricate the U.S. criminal system from the odious double-hex of excess law and overpopulated prisons have thus far been met with intractable resistance.

“How did we get in this situation?” Politico asked in 2015:

“It began with well-intentioned lawmakers who went overboard trying to solve perceived or actual problems. Congress creates, on average, more than 50 new criminal laws each year. Over time, this has translated into more than 4,500 federal criminal laws spread across 27,000 pages of the United States federal code. (This number does not include the thousands of criminal penalties in federal regulations.)

As a result, the United States is the world’s largest jailer — first in the world for total number imprisoned and first among industrialized nations in the rate of incarceration. The United States represents about 5 percent of the world’s population but houses about 25 percent of the world’s prisoners.”

 

Laws proliferating and falling behind the times

The passage of time and superimposed layers of legislation have created a legal landscape fraught with contradictions, paradoxes, and anachronisms deserving of a comprehensive, meticulous revision.

Civil liberties attorney Harvey Silverglate posits that, with the nation’s collective body of criminal code being so voluminous, the average American obliviously commits three felonies each day. It is the failure of the law to keep pace with and adapt to the modern, digital age that Silvergate believes accounts for this absurdity.


Related | Long-Term Incarceration Perpetuates Cycle Of Incarceration


Federal wiretap laws, Silverglate told the Wall Street Journal in 2009, were “written before the dawn of the Internet, often amended, not always clear, and frequently lagging behind the whip-crack speed of technological change.” Lawmakers, Silverglate warned, were prone to initiate strict controls on the flow of information, fearing the impact of new technologies “because they don’t understand them and want to control them, even as they become a normal part of life.”

“The burgeoning U.S. prison population reflects a federal criminal code that has spiraled out of control,” Holly Harris, Justice Action Network’s executive director, wrote this spring. According to Harris:  

“No one—not even the government itself—has ever been able to specify with any certainty the precise number of federal crimes defined by the 54 sections contained in the 27,000 or so pages of the U.S. Code. In the 1980s, lawyers at the Department of Justice attempted to tabulate the figure ‘for the express purpose of exposing the idiocy’ of the criminal code, as one of them later put it. The best they were able to come up with was an educated guess of 3,000 crimes. Today, the conservative Heritage Foundation estimates that federal laws currently enumerate nearly 5,000 crimes, a number that grows every year.

Overcriminalization extends beyond the law books, partly because regulations are often backed by criminal penalties. That is the case for rules that govern matters as trivial as the sale of grated cheese, the precise composition of chicken Kiev dishes, and the washing of cars at the headquarters of the National Institutes of Health. State laws add tens of thousands more such crimes. Taken together, they push the total number of criminally punishable offenses in the United States into the hundreds of thousands. The long arm of the law reaches into nearly every aspect of American life.”

 

Excess law spawns excess enforcement, violence, death

Bloomberg published an article by Stephen L. Carter in 2014 titled “Law Puts Us All in Same Danger as Eric Garner,” noting, “Every new law requires enforcement; every act of enforcement includes the possibility of violence, such as the chokehold that killed Eric Garner.”

Watch the video of Eric Garner’s tragic demise:

New York City police officer Eric Pantaleo choked Garner to death in July 2014, after he and other officers approached the large-framed man for selling untaxed, loose cigarettes — a crime whose only possible victim would be the revenue-shorted state. Garner, not armed and heavily outnumbered by a group of police on scene, warned desperately he could not breathe. He nevertheless paid with his life for selling tobacco that — without the legal imposition of taxation — would otherwise be a non-criminal act.

Carter contends that many such non-violent transgressions as Garner’s may begin with what seem to be merely frivolous or annoying laws, but readily ripen into interactions with police. The specter of a non-judicial execution hangs over them. “Better training won’t lead to perfection,” he cautioned of militarism in police training programs. “But fewer laws would mean fewer opportunities for official violence to get out of hand.”

 

Reversing the trend of over-criminalization in a law-and-order era

The United States will have to backtrack significantly to approach sanity in crime-related legislation and begin dismantling its tinder box of unethical incarceration, state enforcement, and unjust sentencing mandates. Considering, however, the divisive political climate and the heightened focus on law and order touted by President Donald Trump and his administration, the national penchant for cementing new law to the books shows no sign of slowing any time in the near future.


Related | Children Released From Juvenile Detention Being Billed For Incarceration


Until U.S. legislators heed the call to overhaul this over-criminalized morass, Carter warns:

“Every new law requires enforcement; every act of enforcement includes the possibility of violence. There are many painful lessons to be drawn from the Garner tragedy, but one of them, sadly, is the same as the advice I give my students on the first day of classes: Don’t ever fight to make something illegal unless you’re willing to risk the lives of your fellow citizens to get your way.”

It isn’t just modern critics who admonish the public against criminalizing every facet of life. James Madison wrote in “Federalist No. 62”:

“It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?”

Unfortunately, the United States appears no more poised as a nation to heed the alarm bells of overcriminalization in 2017 than was the case so long ago.

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Massive Prison Abolition Rally Held In Washington D.C.

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As white nationalists in Charlottesville and Boston provoked large, and at times, violent demonstrations, what may have been the largest gathering of abolitionists in the nation’s history took place in Washington, D.C.

The Millions For Prisoners Human Rights March was the first march on Washington in opposition to prison slavery since the adoption of the 13th Amendment. The amendment, which came at the end of the Civil War, did not abolish slavery in the United States but instead restricted it, allowing the practice to continue so long as it was “punishment for crime whereof the party shall have been duly convicted.”

Known as the exception clause, it is viewed by many in the movement as the bridge between chattel slavery and a system of bondage based on criminalization.

Those assembled came with specific demands. The first was the removal of the exception clause from the 13th amendment. The second demand was for a congressional hearing reviewing the exception clause as a violation of international law.

The march was two years in the making . Jailhouse Lawyers Speak, a collective of imprisoned human rights advocates, was the first to issue a call for a march. Solidarity demonstrations took place in several states.

Organizers of last year’s September 9 national prison labor strike, including the Free Alabama Movement and Industrial Workers of the World’s Incarcerated Worker’s Organizing Committee, lent their support. Grassroots organizers at IAMWE Prison Advocacy Network, helmed by director Krystal Rountree, brought the rally to reality.

The gathering was made up by a diverse coalition of prison reform and abolition groups representing various communities affected by incarceration.

In Washington, D.C., hundreds of people marched from Freedom Plaza to Lafayette Square, where a small stage was set on a lawn across the street from the White House—a symbol of American power and governance literally built by slaves.

Despite receiving little to no media coverage, the event was as compelling as it was historic. It was a show of increasing strength and solidarity for challenging legalized slavery in the United States. It also reckoned with accomplishments, setbacks, and the passage of time, as speakers took the stage to reflect on the history of slavery, the Constitution, and the prison industrial complex.

The march was planned long before last year’s national prison strike. Many incarcerated organizers identified it as the next step once strike actions wound down.

August was chosen for its significance to the movement. The 19th sits in the middle of Black August, a month of education around Black Liberation movements. It is also the month that George and Jonathan Jackson, two brothers and seminal figures within Black Liberation and prison abolition circles, were killed by state forces.

As the date drew near, multiple states, like Florida and South Carolina, took preemptive measures against those who would show solidarity with the march from the inside. In Florida, officials placed every state prison—over 97,000 people—on lockdown, restricting movement, communication, and access to programs ahead of the weekend.

 

For Righteousness And Justice, Period

“I was 15 years old when they turned me into a slave,” recalled Yusef Salaam, a member of the Central Park Five. “I want that to sink in for a second.”

“Donald Trump, who sits in that White House right over there, took out a full page ad in New York City’s newspapers calling for the reinstatement of the death penalty specifically for the Central Park Five.”

Like many of the day’s speakers, Salaam’s presence reminded the marchers of important moments in the movement’s history—moments that still have relevance to the ongoing struggle today. Salaam was joined by former Black Panthers, members of the Black Liberation Army (BLA), a member of MOVE, former political prisoners, and other abolitionists and reformers.

Ramona Africa, the sole adult survivor of the bombing of the MOVE house by Philadelphia police in 1985, has seen nearly four decades of repression against her family members, the political prisoners known as the MOVE 9.

“Those running this system have trampled over people, ever since this system. So I take any opportunity I can to speak out, not only for my brothers and sisters who’ve been imprisoned 39 years for a crime they didn’t commit, but for righteousness and justice, period,” Africa said in an interview with independent journalist Chuck Modiano.

He highlighted segregation laws and the Dred Scott decision, which deemed that Black people had “no rights which the white man was bound to respect.” He referenced how the constitution deemed Black people “three fifths of a man and no count for a woman.”Jihad Abdulmumit, Chairperson of the National Jericho Movement and a former BLA member and political prisoner, focused on the absurdity that being “duly convicted” could subject someone to slavery within a government where there have been so many unjust and immoral legal practices.

“Can’t drink from this water fountain laws, can’t pee in this toilet laws, reckless eyeballing of white woman laws, can’t travel after dark laws,” Abdulmumit said. “Or maybe it’s talking about the FBI’s counterintelligence program (COINTELPRO), maybe it’s talking about the set-ups and the frame-ups and the domestic Black Ops.”

But the rally’s younger participants had some of the strongest messages, focused on systemic and intersectional critiques and connected to the abolition of prisons and slavery in our time.

Hana X Abdur Rahim from People’s Justice Project was one of the boldest young voices for Black liberation and abolition.

“I am here to build Black Power, because without Black Power we do not have power,” she said. “I am here to build true liberation, not reform, because fuck reform!”

“The true path to freedom, justice, and liberation is in abolishing the 13th Amendment [exception] clause.” To achieve abolition, Abdur Rahim said people must “speak on the abolishment of the biggest terroristic gang in America, the modern day slave catchers, which is your local police department, backed by the Fraternal Order of Police.”

“America is a slave nation,” she said. “We need to say it. We need to believe it. We need to be literal in our speech. It is not mass incarceration. It is slavery.”

 

Whose Lives Matter?

April Goggans of Black Lives Matter D.C. began her remarks by connecting Black Lives Matter as an organization that fights for justice for victims of police violence to the struggle against the prison industrial complex and immigrant detention.

“We should be just as outraged at every soul that sits in a jail cell, or in a tent in the desert at a jail, to immigrants in detention centers. If we haven’t made that connection between police and ICE [Immigration and Customs Enforcement], we are missing out. ICE is the police.”

In a conversation with Chuck Modiano, she discussed “alternatives to calling the police, because the end result is incarceration.”

She highlighted life in southeast D.C., in one of the only remaining majority-Black wards of the nation’s capitol, where the Black population has decreased by over 220,000 people since 1970 due to gentrification.

“When we see our young folks on the corner, we’ve got a whole neighborhood full of folks who just love to call the police on them. Because that’ll teach them a lesson, right?” Goggans said.

“We use the police to police each other, to police ourselves into jails where there are more police.”

Goggans addressed popular misconceptions that contribute to the prison industrial-complex.

“It’s a lazy assumption to continually say that Black Lives Matter does not care about Black on Black crime. Black on Black crime doesn’t damn exist. We live in communities where if everybody in your community is Black, chances are both sides of whatever transpires are going to be Black.”

“To label it as such is for what, optics?” she said.

Goggans described the tactics of the “Gun Recovery Unit,” which polices D.C.’s predominantly Black seventh district, where she resides. Officers in the unit wear a t-shirt with the sun cross, a white supremacist symbol, placed over the “O” in the word “Powershift.”

At this point in her speech, someone in the crowd shouted, “Fuck the Police!” to which Goggans responded, “Absolutely, fuck the police! I’m all about that, because the other thing that’s killing us is our respectability.”

“Stop telling these young men and women to pull up their pants,” she said. “Why? Who did that stop from getting shot? I’m still looking.”

Goggans shared her hopes for her own 19 year old daughter’s safety, but then recalled the story of Miriam Carey, an office manager at a dental practice who was killed by police in front of her 13 month old daughter for making a U-Turn at a checkpoint near the White House. The incident occurred a few hundred yards from where Goggans addressed the crowd.

“There is no perfect victim,” she said. “There is no perfect prisoner that we fight for. It’s the institution that is sick.”

The Metropolitan police in D.C. have killed almost one person for every month in the year, she said, noting that most people even within D.C. don’t know their names.

“Because we still are talking about respectability. Whose lives matter? Nobody wants to talk about prisoners, because what’s the first thing that they say? ‘Well, they must’ve done something to get in there.’”

Most conversations about prisoners lead into this myth of rehabilitation, she said, in which “bad” people go to prisons, so that they can come out “good.”

“If you have bought into that bullshit, then we’re just lost,” Goggans said. “If you believe in prison abolition, if you believe in prisoner’s rights, then there is absolutely no reason that someone comes back to our community and has no support.”

Goggans highlighted the level of organization and community involvement that enable actions, like the Montgomery Bus Boycotts. She challenged the crowd not to be complacent with online resistance and spectacles, which don’t lead to meaningful action. People must build the structures and resources necessary for resistance within their own communities, she said.

“How do you stop mass incarceration from the beginning? Community defense. And that means so many things. Do you have doctors in your community? Because you can’t take everybody to the hospital and feel like they’re going to come home and not to jail, depending on how they decided that person got there.”

“What is the world without prisons, the world without police? Who has the power? Who makes the decisions? Those are the decisions that we have to make within ourselves within our communities.”

“This is not a feel good day to pat ourselves on the back. This is a day of action,” she said. “Everything you do should have an action. We’re done talking. We’re done marching for the sake of marching.”

A few minutes later, observers got a chance to show that abolition is not just a theory but a practice that has many forms. As James Mackey from Stuck On Replay shared his experiences and spoke about the impact incarceration has had on his family, a man ran up to the stage and started shouting at him.

The man, who said he was a military veteran, was clearly upset and claimed Mackey didn’t know what he was talking about, yelling that Mackey wasn’t doing anything to help. As police began to station themselves closer to the crowd, some of the rally’s participants formed a wall with their backs to the police to shield their vision. Others began to put their bodies between the disgruntled man and Mackey. They walked him away from the stage and spoke with him for a while, de-escalating the situation enough to allow the event to resume.

 

Assessing Change From A Solitary Cell

The Angola 3’s resistance to prison slavery is legendary and draws upon some of the most direct and literal connections between slavery in the Antebellum south and how it still looks today.

At Louisiana State Penitentiary, also known as Angola, they organized in a prison built on four contiguous slave plantations, where the earliest inmate lock-ups were slave quarters before the Civil War.

Angola still operates to this day, producing millions of pounds of produce annually on the backs of incarcerated people, who are paid, at most, pennies an hour and in many cases nothing at all for their labor.

“I think one thing that being in solitary confinement did was it sharpened my sense of observation,” said Albert Woodfox in an interview with Eddie Conway of TheRealNews.com. Albert Woodfox, who co-founded a Black Panther Party chapter inside Angola, spent the better part of 44 years in solitary confinement—the longest stretch of any prisoner in U.S. history.  Woodfox came to the march to support his Angola 3 comrade Robert King and answered questions for the few independent media outlets covering the event.

“One of the questions I was asked the most was, ‘How have things changed since spending 44 years in solitary confinement and in prison?’” noted Woodfox.

“From the observation of my surroundings and people, I felt that there was no real meaningful change in America. That all the changes were all superficial. And then along comes Donald Trump to prove that my observations were all correct.”

King’s speech centered around encouraging people to continue to remain active and spread the message to the American people about the ongoing existence of slavery in the U.S. as permitted under the 13th Amendment.

“The only way that you can create a wave…you have to disturb the water,” King said.

“If you throw a pebble in the pond, you’ll get a ripple. If you throw a million pebbles in a pond, ten million pebbles in a pond, you get more than a ripple my friend. You get a wave. You get a tsunami. Something that can wash away a lot of bad things.”

Top photo | Krystal Rountree of IAMWE Prison Advocacy Network. (Photo: Brian Sonenstein/Shadowproof)

 Published in partnership with Shadowproof.

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