The Real Cost of Prisons Weblog

November 19, 2009

MT: "No One Should Go Through What I Went Through" ALCU suit on behalf of Bethany Cajune, 4 months pregnant when she was sentenced to jail for traffic violations

The following information and video is from Diana Kasdan, Staff Attorney, Reproductive Freedom Project
American Civil Liberties Union about information about a lawsuit the ACLU filed today on behalf of Bethany Cajúne, a young mother who was denied medically necessary treatment when she was about 4 months pregnant and sentenced to a local detention facility for traffic violations. In particular, this case challenges the jail's unconstitutional denial of her prescription medication to treat opioid dependency--which caused abrupt withdrawal, seriously jeopardizing Ms. Cajúne's health and putting her at risk of miscarriage.
(November 18, 2009)

"No One Should Go Through What I Went Through"

That’s what Bethany Cajúne told me the first time we spoke about her experience in Montana’s Lake County Detention Facility. “No one should go through what I went through.” We filed a case earlier today to make sure that Bethany’s desire to protect other women becomes a reality.

This past March, Bethany voluntarily reported to the detention facility to complete an outstanding short-term sentence for traffic violations. At that time, she was approximately four to five months pregnant, raising five small children, and attending GED classes four days a week. She was also about to successfully complete her first year in a medication-treatment program for a diagnosed addiction to opioid drugs. What Bethany didn’t know when she reported to the facility was that detention officials would withhold her medication, which was prescribed to suppress withdrawal symptoms and facilitate Bethany’s recovery, and was now critical for protecting the health of her pregnancy.

Despite several attempts by Bethany’s treating physician and drug treatment counselor to ensure that Bethany continue receiving her medication, facility officials, including its chief medical doctor, denied her this care. As a result, Bethany suffered complete and abrupt withdrawal, experienced constant vomiting, diarrhea, rapid weight loss, dehydration, and other withdrawal symptoms, all extremely dangerous during pregnancy. Despite repeated warnings of the serious risk abrupt withdrawal posed to Bethany’s health and pregnancy, including miscarriage, the facility continued to withhold her medication. Instead of receiving appropriate medical care, she was at various times confined in an unsanitary and windowless solitary confinement cell, told to “tough it out,” and shackled during an ultrasound examination. It took the intervention of a public defender to secure her release so that she could resume the treatment. In the end, Lake County knowingly put Bethany’s health and pregnancy at severe risk for nine days.

Luckily, Bethany’s story has a happy ending. After she resumed treatment, Bethany regained her health and gave birth to a healthy baby girl. She has also since completed her GED and is looking forward to the next chapter in her life. Part of moving on for Bethany is ensuring that no one else will go through what she went through.

Hear from Bethany & her experience and the case the ACLU filed today on her behalf by watching this video:
http://www.aclu.org/blog/reproductive-freedom/no-one-should-go-through-what-i-went-through

Posted by lois at 05:02 PM | Comments (0)

November 16, 2009

Moms, children stay locked up together in Ohio. Ky. program allows women prisoners to see children monthly

Moms, children stay locked up together in Ohio
Ky. program allows inmates to see children monthly
By Sharon Coolidge and Eileen Kelley - November 13, 2009
Cincinnati Enquirer

MARYSVILLE, Ohio - The only thing missing from tiny Takeem Maffett's world are black and white prison stripes.

On the campus of the Ohio Reformatory for Women, convicts shuffle across from one spot to the next under watchful eyes.

Takeem's mother Takaya Patterson is exempt.

In contrast to the other buildings at the sprawling complex surrounded by razor wire and blinding lights, the nursery is colorful and dotted with Sesame Street characters.

Takeem's mother wears a prison jumpsuit. Takeem, with cherub cheeks and long slender fingers, sleeps in her arms as she rocks.

Just 2 months old, Takeem lives in prison.

Under an unusual program, the state of Ohio lets Patterson raise him behind prison walls.

Some experts say that approach is best for both mothers and their children because the women are less likely to commit crimes when they get out, and children get to be with their moms during critical periods of their development.

One critic calls the program a waste of taxpayer money and says prison should be a place for punishment, not somewhere to raise babies.

Either way, one thing is not in dispute: the number of women in prison has skyrocketed in the last three decades, and most female prisoners are single mothers.

In Ohio, being a prison mom is a full-time job for up to 18 months.

In Kentucky, infants can bond with their mothers, but for only a few hours at time.

According to the U.S. Department of Justice, the number of women behind bars has increased 843 percent in the last three decades, growing from 12,279 in 1977 to 115,779 last year.

In that same time, Ohio saw a 577 percent increase in female inmates, from 577 in 1977 to 3,905 last year; Kentucky experienced a whopping 1,573 percent increase from 139 in 1977 to 2,326 last year.

With so many more women landing behind bars, who is left to take care of the children?

In a 2004 survey, 84 percent of imprisoned parents said they left their child with the child's other parent. The rest went elsewhere - including 3 percent who went into foster care, according to the Bureau of Justice Statistics report, Parent in Prison and their Minor Children.

Ohio is one of nine states with prison nurseries.

Guidelines are stringent for Ohio's program. Since opening in 2001, 137 women have raised babies behind bars.

Still, the benefits are indisputable, said Terry Collins, director of the Ohio Department of Rehabilitation and Correction.
Bonding key issue

Establishing an early bond between the infant and mother is imperative to childhood development. And for the mothers, having that strong bond with their children tends to be the impetus to play it straight on the outside.

"It is well known that family support and family bonds are among the top factors that increase a returning citizen's chance of having a successful re-entry," Collins said.

Ohio set up a nursery in 2001. Indiana followed last year. Kentucky has a nursery, but children are not permitted to live with their mothers.

The Women's Prison Association, a New York-based agency that advocates for women with criminal records, recently studied babies behind bars and urged states to allow moms to serve sentences in the community or to start nurseries similar to Ohio's.

"I think people are realizing more and more women are going to prison and the reality is that women are mothers," said Chandra Villanueva, of the Institute on Women and Criminal Justice, part of the Women's Prison Association. "It makes sense to keep mothers and children together and give them the foundation to build a healthy relationship with their child."

Earlier this year, Villanueva released a report that found that women who participate in prison nursery programs are less likely to commit another crime, and their babies get to be with their mom during critical development months.
Birth of a child/program

The idea for an Ohio prison nursery was hatched in 2000 by two local women, former state Rep. Cheryl Winkler, R-Cincinnati, and convict Barbara Turner, a former nurse convicted of prescription drug offenses. Turner was pregnant when entering Marysville and successfully fought to have the baby's father present at her birth.

Turner wasn't allowed to keep her daughter with her.

Winkler proposed the nursery program, which was passed into law and officially got under way in 2001. Turner has since been released.

That program allows Takeem to live in prison.

Patterson, 29, is one of 11 women currently in the program.

A judge gave her a deal in 2003: Pay back the more than $5,000 she stole from her employer, Fifth Third Bank, and be monitored with five years probation.

In the end, Patterson didn't make good on the deal.

Hamilton County Common Pleas Judge Ralph "Ted" Winkler, the son of one of the program's originators, sent Patterson to prison in April.

At the time, she was six months pregnant and a mother of a 3-year-old girl, Tiyann. While standing before the judge again, the reality stung.

"In that courtroom I was thinking about my daughter, my family," Patterson said.

Tiyann went to live with her grandmother.

Patterson went to a Franklin County prison because it was close to a Columbus hospital where she would give birth.

On June 25, with two guards at her side, Patterson was loaded into a van for the 10-minute ride to the hospital. Twelve hours later, she gave birth to 3-pound, 11-ounce Takeem. She left the hospital three days later. Takeem stayed another 11 days while he gained weight and then he joined his mother in prison.

"I wanted to be with him and bond with him, and I didn't want to put that stress on my mom," she said.
Life inside prison

Patterson and her son share a room with another convict and her son. Two beds and two cribs leave little space in the small room.

The Ohio program can handle up to 20 mothers. Of Ohio's 3,000 female prisoners, 69 were pregnant, officials said recently.

Some babies are destined for the nursery program. Others will be released before giving birth. The rest will have to surrender their child to care outside prison walls.

To qualify in Ohio, mothers have to be scheduled for release before their child turns 18 months old to be eligible for the program. Experts think that children that age will have no memory of where they spent their early life.

If there is such as being lucky behind bars, Patterson says she was because she met the criteria. "There are a lot of mothers here who don't get to be with their children," she said. "I want him with me, and I think he wants to be with me."

She vows she's going to make a fresh start when she's released in April.

Programs for convicts and their babies are relatively new, and little research about their effectiveness has been done, according to Villanueva of the Woman's Institute.

In her study, she found Ohio prison officials looked at the program at its five-year mark and found 118 mothers had participated, with just 3 percent of the women committing another crime within three years of being released. Of the general female prison population 30 percent commit another crime.

The Ohio nursery is run on grants and federal programs for the poor that these mothers would have received even if they weren't incarcerated. A $69,000 federal grant pays for most of the program, nearly half of which is paid to a visiting pediatrician.

Mothers also have the option of seeking child support from the child's father and the prison has a case manager to help with that paperwork.

As with all convicts who give birth behind bars, taxpayers pick up the hospital tab.

"The citizens of Ohio should not be paying for this (program)," said state Rep. Joe Uecker, R-Miami Township, a former law enforcement officer who worked at several area police departments. "With the economy the way it is - and even if it were good - these women made a mistake and they need to be held accountable."

Uecker said he researched the program earlier this year when looking at the prison budget and said he found nothing to prove it was best for the child. Foster care, he said, would be a better option than prison life for an infant.

"You first have to convince me it's best for the child and then convince me this is more than a burden borne on those of us who work for a living," Uecker said. "I would be hard pressed to vote for this if we were given an opportunity to."

Collins of the Ohio Department of Corrections said he's proud of the program and called it money well spent.

"These women will be coming back into the community," Collins said. "Is it better for them to have a program where they can learn how to be a good mother and care for their children, or have that child given up to foster care where maybe we're starting another cycle of people coming to prison 18 years down the road?

"These are programs that teach responsibility and hold people accountable and give them skills they don't have and hopefully makes then law-abiding citizens instead of tax burdens," he said.
Mothers for a day

At the Kentucky Correctional Institution for Woman, a line of women all dressed in drab khaki jumpsuits stop and stare as three infants are carted past.

A little girl with-doe shaped eyes and Minnie Mouse ears is really starting to resemble her prison mother, some comment. The children are ushered into the chapel where three inmate mothers sit anxiously on hard chairs waiting.

"No bottle today?" asked prisoner Erica Bowman, 23, as she unpacks a sack lunch that was brought in with her son Tayland by his caretaker Cheryl Dugan.

"No bottle," Dugan boasted of the soon to be 1-year-old's development.

"Wow, I am so proud of you," Bowman cooed to her son.

Dugan has cared for Tayland since he was 2 days old. She and Bowman met through Operation Open Arms just two weeks before Tayland was born.

The group, a licensed private child-placement service, operates on the principle that children shouldn't have to pay for their mothers' crimes. The program does not receive any state or federal money.

Of the roughly 650 woman doing time at the prison between 80 to 90 percent are mothers. About 100 babies are born each year to mothers at this prison. In August alone, there were close to 70 pregnant prisoners, officials said. The correctional center is Kentucky's prison that allows pregnant inmates, so it also houses pregnant woman who would otherwise be sent to jail, as jails don't usually have the staff to care for pregnancies.

The prison allows children ages 3 and under to visit with their mothers for two hours on bonding days, which can be several times a week. About a fifth of the prison moms have children in that age range, but only a handful see their children with regularity because of the time, money and the distances the children's caretakers have to drive to Shelby County to visit the moms.

"These children did not commit the crime," said Laura Carpenter, the executive director of Operation Open Arms, one of two private groups that cares for children of prisoners and brings the babies to see their mothers weekly.

Mothering is fairly foreign to Bowman. Nurturing and raising her children, she admitted, took a back seat to the frenetic lifestyle crack cocaine fueled when she was living on the outside.

Tayland is Bowman's fourth child. The third was born addicted to the drug and was taken away from her. Bowman also relinquished her parental rights to her two oldest children to family during her crack cocaine days.

Now, Bowman says she's done: Done having children; done with dope.

She said her bubbly son with a carpet of dark hair is her inspiration to get her life together so she can provide for her him on the outside.

As Bowman headed to a microwave to heat up her son's lunch, prison mom Shanise Washington, 30, worked on her daughter's hair: changing it from a single ponytail to two puffs of hair above her ears.

A judge allowed Washington, a repeat felon, to stay out of prison until after her daughter was born.

Washington left Ke'syna Burgess with her husband. After five months, he said it was too much. She never saw her child during those months, nor for a long time after.

Ke'syna was eventually handed over to Operation Open Arms, and over the past year Washington has been getting to know her daughter, who will be 3 this month.

Ke'syna is shy around her mother. The two played dolls in a small nursery as another pregnant prisoner filled out forms so that her soon-to-be born child will be placed with a volunteer caregiver through Operation Open Arms.

"(Washington) is going to do the right thing," said prison Chaplain Kenny Talbott.

Seeing Ke'syna with regularity keeps Washington motivated. "She inspires me," she said of her daughter.

Washington finished her GED and has been taking classes in carpentry. She's supposed to stay in prison for another 15 years, but Washington, like Bowman, thinks she'll be out sooner rather than later.

And should she get out?

"I am never going to wear khaki again," she said.
http://news.cincinnati.com/article/20091113/NEWS01/911150306/Babies+behind+bars

Posted by lois at 12:07 PM | Comments (0)

November 12, 2009

Sex Worker Outreach Project: December 17, 2009 in Tucson Honoring Marcia Powell, who died in a holding cage in 107 degree heat while serving 27 months for prostitution

A Message from the Sex Worker’s Outreach Project - Tucson www.swop-tucson.org
Please forward this message.
Please Join Us December 17, 2009 for the International Day to End Violence Against Sex Workers Event in Tucson, Arizona!

November 11, 2009

Dear Friends & Supporters of Sex Worker’s Rights:

In 2009, sex workers from around the globe met gruesome deaths and endured unspeakable violence. Some died at the hands of a solitary perpetrator; others were victims of serialprostitute killers. While some of these horrific stories received international media attention ( Boston, Grand Rapids, Albuquerque, Tijuana , Hong Kong , Moscow , Great Britain ,Cape Town , New Zealand ), other cases received little more than a perfunctory investigation. Many cases remain unresolved, sometimes forever.

In fact, most violent crimes against sex workers remain unreported. Stigma and decriminalization facilitate this violence; when sex work is criminalized, prostitutes can't turn to the police for protection without risking prosecution themselves. Sex workers remain one of the largest marginalized populations in existence without the benefit of the basic civil rights that everyone else takes for granted.

Each year, December 17th marks the International Day to End Violence Against Sex Workers. Last year’s event in Washington, D.C. was a big success and this year, sex workers and their allies from across the U.S. will gather together in Tucson, Arizona to remember and honor sex workers who have been victimized by virtue of their chosen profession - including rape, assault and murder.

You are invited to join us on December 17, 2009 in Tucson, Arizona to honor the memories of the fallen. (A schedule of events is at the end of this letter). This year is especially poignant for us in Arizona because in May, 2009, Marcia Powell, an inmate at the Perryville women’s prison outside of Phoenix who was serving 27 months for prostitution, died when she was left outside in a holding cage in 107 degree heat without shade, food or water. Marcia Powell’s death is not only a travesty of justice and a failure of the prison system, but of the unjust laws which continue to oppress sex workers everywhere. We are outraged and saddened by both the loss of freedom and of lives, and we ask for your participation in putting an end to the violence.

Here’s How You Can Help

Please join us in honoring sex workers who have fallen victim to the travesties of violence and injustice. You can:

* Attend the IDEVASW event in Tucson, Arizona on December 17th; we have plenty of resources for free housing and transportation.
* If you can’t join us in Tucson, organize your own IDEVASW event in your hometown.
* If you’re a business who’d like to help the Tucson event by sponsorship, please contact info@swop-tucson.org. We need both money and volunteers.
* Circulate this letter to your own listservs and use social media to get the word out - blog about this, add this letter to your website, Twitter, Facebook, Myspace, etc.
* Donate to the Sex Workers Outreach Project. Visit http://swop-usa.org to find out more.

If silence is the voice of complicity, then your presence in Arizona on December 17th would be a powerful message for justice to be heard across the world. Thank you.

In Solidarity,

Sex Workers Outreach Project - USA Sex Workers Outreach Project -Tucson
For more event information, please visit: http://swop-tucson.org

_________________________@@@_____________________
IDEVASW Event Schedule - Tucson, Arizona

Volunteers are still needed – please contact info@swop-tucson.org !
December 17, 2009

5:00 – 6:00 p.m. “No Human Involved” Event El Presidio Park, 160 West Alameda Street, Tucson, AZ. Performance art/art installation with the theme, “No Human Involved.” The central image will be a physical representation of the Perryville Prison which will honor Marcia Powell and sex workers everywhere who have been victims of violence; a performance piece/die-in and live music.

6:30 p.m. - 7:30 p.m. “Remembrance Memorial” El Tiradito Shrine, 354 South Main Avenue, Tucson, AZ. Join us in remembering and honoring sex worker who have been victims of violence. Live music, performance poetry, ritual, candlelight vigil and refreshments. El Tiradito is a national historic shrine dedicated to the “castaway sinner” and holds a special place in the hearts of Tucson sex workers.
December 18, 2009

Political Rally at the downtown Phoenix offices of the Director of the Arizona Department of Corrections to protest current anti-prostitution laws and prison conditions. Did you know that in Arizona, a fourth conviction is a mandatory Class 5 felony with 180 days of prison for consensual sex between a client and a sex worker? Please visit http://swop-tucson.org for more details. Volunteers are needed to organize this day!

Posted by lois at 04:00 PM | Comments (0)

November 06, 2009

Grants NM: Chamber of Commerce and Prison work to keep CCA prison for women open

Community works to keep women’s prison open
By Donald Jaramillo
Beacon publisher/managing editor
November 5, 2009

GRANTS - An emergency community relations meeting organized by the New Mexico Women's Correction Facility and supported by the Grants/Cibola County Chamber of Commerce in effort to keep the facility open was held on Nov. 5 at La Ventana Steak House. Area prisons and law enforcement agencies regularly meet monthly, however, because of the possible closure of the women's facility in Grants, this month's meeting was identified as an emergency meeting in effort to keep the women's correctional facility open.

New Mexico Secretary of Corrections Joe Williams recently announced that if Governor Bill Richardson approves and signs the proposed budget cuts, his department would be forced to close two prisons, one being the women's facility in Grants. The other prison is located in Roswell.

The facility employs approximately 150 people and its closure could make a substantial effect on the local economy. The facility currently houses 590 women and is managed by Corrections Corporation of America.

NMWCF Warden Assistant Lisa Riley said the meeting was to update the community on the possible closure and to organize efforts to fight back in order to keep the facility open. Contact numbers of area legislators were handed out at the meeting along with copies of a letter published in today's Beacon on page 4. A group is also being organized to visit the governor soon.

The budget cuts proposed were passed by the New Mexico State Legislature during the recent special session called by the governor.

For more information on the effort call the chamber at 287-4802 or the women's prison at 287-2941.
http://www.cibolabeacon.com/articles/2009/11/05/news/doc4af367fc9522e854703147.txt

Posted by lois at 04:09 PM | Comments (0)

October 26, 2009

KS: Closed Girls "Reformatory" Closes After 120 Years

Shuttered girls reformatory recalls horror, haven
By HEATHER HOLLINGSWORTH (AP) 10-25-09

BELOIT, Kan. — Many were broken, many were saved here.

Beloit's name became synonymous with its girls' reformatory, one of the longest-operating in the country, which for more than a century mirrored the most enlightened reforms but also the cruelest horrors of such places. Now, at its closing, residents and staff members are wrestling with the contradictions.

Beloit was where "bad girls" were sent: That's what Diane Roles had heard as a child. A friend's sister had gone there.

Growing up in the 1960s, Roles endured a seriously dysfunctional family — a chronically violent father and a fearful mother. People didn't talk much about child abuse then, and young Diane's solution was to run away from home to escape beatings.

Once, she said, her father kicked her with his steel-toed boot, leaving her jaw swollen. Another time, her bruised legs prompted a girlfriend's mother and a neighbor to call her family. But nothing changed.

"I got to the place where I didn't even cry anymore," she said. "The more they hit me, the more I laughed."

Her older sister complained to their mother that she had been molested. Roles said her mother slapped the sister, saying, "What am I supposed to do?"

The offense that landed Roles in the juvenile court system was taking her brother's car for a joy ride. After fleeing a foster home, she was offered placement in a "trade school," and she grabbed it.

It wasn't until the frightened 13-year-old was riding across the wind-swept prairie of rural north-central Kansas that it dawned on her the school was Beloit. "I mean to tell you my heart dropped clear down to my toes," she said.

But looking back now, she sees it differently. "Going to Beloit was a safe haven for me," she said. "Basically, I was an abused kid. Back in them days they didn't do anything. They shook their heads."

There is no barbed wire — no fence at all — surrounding the complex of limestone and brick buildings that came to be known as Beloit Juvenile Correctional Facility. Across the street is the high school for the shrinking, agricultural town of 3,600. Its two-block long downtown, filled with charming century-old buildings, is less than a mile away.

The institution, right down to its rural setting, is typical of the ones that began opening in the middle part of the 19th century as rehabilitation-focused reformers sought to end the practice of housing juveniles alongside adults in deplorable conditions.

The Women's Christian Temperance Union, a suffragist group that had fought for prohibition, lobbied for the girls' facility in Kansas, soliciting donations of land and money and operating it for its first couple of years before the state took it over in 1890. As was common at the time, girls as young as 8 spent long days toiling in the gardens and caring for the animals that supplied their food. For a time, girls were even indentured to farm families.

But with the high-minded ideals of the reformers, there was a dark side as well, explained Ned Loughran, executive director of the Council for Juvenile Correctional Administrators, in Braintree, Mass.

"These kids were an eyesore for the upper classes of society," he said. "The solution wasn't to change the conditions they were growing up in, the poverty and lack of parental supervision. The view was to get them out of sight. Then people forgot they were there, and abuses crept into the system."

Abuses? Under some administrations, girls were punished with huge doses of vomit- and diarrhea-inducing castor oil,humiliated with forced hair clipping. In the darkest period, dozens underwent involuntary sterilizations.

"It totally infuriates me," said Katrina Pollet, pausing at a box of yellowed photos from years gone by as staff sorted and packed up late this summer. The last superintendent, she's passionate about helping the girls who've left Beloit for good.

"It's so important to me because I could have easily been here," said Pollet, who was herself once a pregnant 16-year-old high-school dropout.

As school records, some in musty leather-bound books, were sorted and stored, the mundane details they contain sketched life at Beloit and the shifting attitudes it reflected.

From the 1930s, a file for one girl described her as "incorrigible" and noted she "associated with Mexican men" and "became intoxicated at dances."

The offense for another young charge was listed as being "immoral (with father)." Later in the record, it shows the girl was taken for removal of venereal warts. It was common practice for much of the facility's history to lock up young abuse victims rather than their abusers.

Both girls spent about four years at Beloit.

All the records detail whether the girls had attended Sunday school. "Yes" is the answer for most.

When the reformatory was founded, girls "were really viewed in our society much more as property," said J. Russell Jennings, commissioner of the Kansas Juvenile Justice Authority. "And the expectation for behavior of girls and what occurred with them when they didn't meet those expectations really provided an open door for young girls to be institutionalized for non-crime events. Not even running away but just kind of being a pain in the neck."

The treatment they received varied, as it was not uncommon in the early days for entire staffs to change after elections. Some administrations taught the girls to play musical instruments and barred corporal punishment, while others relied on draconian forms of discipline.

The most infamous superintendent was Lula Coyner, whose cruelty caused the girls to march to the sheriff's office and demand an investigation.

In 1935 and 1936, Coyner undertook a campaign of forced sterilization after becoming enamored with an international movement known as eugenics, a philosophy also popular among the Nazis that sought to prevent those deemed mentally disabled or otherwise genetically inferior from having children.

During her tenure, 62 girls — almost half of her charges — were transported about 175 miles away to the Women's Prison Hospital in Lansing to have their fallopian tubes removed.

The reason: Coyner wrote in a 1936 report that girls who "asked to be sterilized" had "serious physical or family handicaps," such as venereal diseases, insanity, epilepsy and illegitimacy. She later defended her action, writing that it was "the finest service to society the Girls' Industrial School has ever contributed."

A torrent of negative news stories presented it differently, and Coyner's replacement, Blanche Peterson, told a reporter girls lived in terror of the operations, which were performed for "absurd" reasons.

Twenty-two recommended sterilizations, pending when Coyner left, were never carried out.

The harsh treatment had been swept away by the time Diane Roles arrived. Beloit became a training ground for workers from the Topeka-based Menninger Clinic, which became known internationally for humanizing treatment of the mentally ill.

The therapy provided a means for the girls to finally talk openly about the abuse many of them had experienced. There was usually at least one young murderess at Beloit, generally sent there for killing an abuser. But runaways like Roles were much more common.

Roles met often with staff to discuss her situation, but she was insistent on one point: "I didn't even want to discuss going home."

Others felt the same. One young woman who arrived a decade later said she and her sister had suffered incessant sexual abuse at home, but no one believed them.

"I wasn't a criminal," said the 50-year-old now living in Fayetteville, Ark., who asked to be identified by her maiden name, Kathy Mounce. "I wasn't really running to something. I was running from something."

She remembers Beloit as a safe place, where she could sleep at night without being bothered.

"I will always believe that because of Beloit and the staff, I am where I am today," said the mother of three who has been married 32 years, worked as a radiology clerk at a hospital and even counseled sexual abuse victims. "They saved the lives of unwanted children."

Roles recalls softball games with the staff and cooking meals with her housemates. The school had a cosmetology program, and Roles chose to receive training as a nurse's aide. Well-behaved girls even were permitted to have jobs in town.

Later, girls even briefly participated in mixers with boys from a Topeka facility, a practice that ended when one girl became pregnant.

The environment began to change because of a federal law passed in the mid-1970s that sought to end the incarceration of status offenders — those whose offenses wouldn't be a crime if committed by an adult. The practice wasn't fully eliminated in Kansas until 1983. Over the past decade, more low-level offenders were placed in less-expensive and, research suggests, more appropriate community-based programs.

The Beloit facility averaged just 21 girls in the just-ended 2009 fiscal year, down from 103 in 1999; because of the low numbers, the state was spending an average of $200,000 a year on each girl. In the midst of a deep recession that has caused massive budget cuts in Kansas, like most other places, the expenses for Beloit became just too high. After more than 120 years, it closed in August.

"We don't raise orphans and we don't raise wayward youth and incorrigible youth at state institutions anymore," said Jennings, the juvenile justice commissioner. "We reserve those institutions only for the most serious offenders to ensure public safety. It really reflects a system that is maturing and it's becoming more aligned with current research on how we can be most effective with adolescent behaviors."

Although the reasons for the closure were clear, residents and staff became misty-eyed when they talked about the decision to transfer Beloit's remaining occupants to unused space at a Topeka facility that previously housed just young male offenders.

Bobbie Stillman, who called Beloit home until the end, said the announcement that the facility was closing caused her to hyperventilate and sent her to her room, feeling "overwhelmed and let down."

Knowing the girls were worried, staff members gave Stillman and the others teddy bears before their move, and the girls cuddle the bears as they watch television and sleep.

Over the years, staff members had raised money to buy the girls Christmas presents. Some corresponded with their former charges, following them as they pursued careers in nursing, social work and criminal justice. Few became adult offenders.

Roles, who married, had three children and worked as a mental health aide, stayed in touch with one of her housemothers and with former superintendent Dennis Shumate.

"They were great role models," she said. "They were like family."
http://www.google.com/hostednews/ap/article/ALeqM5hL1qlJoErTqJ1xPxBE27MBjEzg -gD9BHK4R00

Posted by lois at 04:57 PM | Comments (0)

October 24, 2009

MA: Two suicides by women at Dartmouth House of Correction. One clings to life and the other dies.

Pair of suicide attempts raise questions about inmate care
By Jay Pateakos
Herald News Staff Reporter

Last update Oct 22, 2009 @ 11:50 PM
DARTMOUTH —

One Dartmouth House of Correction inmate was pronounced dead just before 5 p.m. Thursday and another clings to life after attempted suicides Tuesday morning. The deaths have some questioning the quality of mental health and medical care prisoners are receiving since a conversion to a new medical care company in July.

Candy-Lee Boisclair, 37, of Fall River, in prison since Oct. 18 for unarmed burglary, was found hanging in her cell by officers at approximately 11:30 a.m. Less than an hour later, Katrina Dumont, 21, of Swansea, and in prison since Oct. 5 for impersonating a police officer, was also found. Boisclair was pronounced dead Thursday at St. Luke’s Hospital and Dumont remains in critical condition.

Bristol County Sheriff Thomas Hodgson said Boisclair was put on an “eyeball” watch on Monday after officers were informed that she was in possession of a crack pipe and drugs hidden in a body cavity.

After giving up the pipe, Boisclair reported to doctors that she had just overdosed on Klonopins, but after meeting with a doctor, she was determined to not be under the influence of any drug. An hour later, she attempted to hang herself.

On Monday, Dumont scratched superficial wounds on her arms and was reported by correctional officers to the mental health unit of the prison. After a mental health review was held on Tuesday, Dumont was returned to the EA Unit, and like Boisclair an hour before her, hanged herself in her cell.

Hodgson said suicides in the jail are rare. He said in 12 years as sheriff he’s never seen two suicides come so close together.

“I’m sure it happens at other prisons, but it doesn’t happen here,” said Hodgson.

Hodgson said an internal investigation of the actions of his staff and medical personnel have showed that protocol was followed in the matters related to both inmates.

“Our medical unit has been accredited for the last 11 years, with the highest standards in the industry, and we felt they met the criteria for their evaluations and this was just something they just didn’t catch,” said Hodgson, of Dumont’s mental health review. “This is a very unusual situation and these are things that can happen.”

Correctional Psychiatric Services took over for longtime prison medical care company CMC after it was revealed that the Bristol County House of Correction owed the company $3.6 million.

The Pennsylvania-based CMC walked out on the prisons in mid-July. Hodgson said Correctional Psychiatric Services, which provides all the medical and mental health care to the prisoners, is doing a “great job” at keeping up with the medical care of the prisons.

The company’s contract is set to expire on Dec. 5.

Hodgson said a request for proposal has gone out for future medical services with the winning bidder, who will be announced in November, to take over Dec. 6.

While Hodgson defended his medical personnel, attorney James Pingeon, Massachusetts Correctional Legal Services Inc. director of litigation, painted a different picture of what he said is a rising concern of inadequacies in medical and mental care at the Dartmouth House of Correction.

“We have received several calls about the catastrophic, abysmal medical services going on at the jail, especially in mental health care,” said Pingeon. “We’ve been told that Boisclair had informed people that she intended to commit suicide hours before she died and that she was medically cleared and then went on to hang herself. The person doing the evaluation clearly failed, but it’s not surprising, because ever since they stopped paying their other medical company and went with a new one, we are hearing that they are not complying with standard medical practices.”

Pingeon said other complaints include that the mental health unit is backlogged and understaffed and that prisoners are not getting necessary medical treatment, something Hodgson vehemently denied.

“We have a strict grievance policy in the prison, and there has been no indications that there has been any complaints by inmates on their care,” said Hodgson. “There is no backlog or overstaffing in mental health. It is actually one of the most important parts of our operation, and nobody is more aware of that than we are.”

Pingeon, who said the state’s Correctional Legal Services Inc. has launched its own investigation into the matter, said he also has concerns with Hodgsons’s comments that an internal investigation into the two incidents has already been completed.

“There ought to be a serious investigation behind this, and whenever anyone tries to say that they have completed an investigation just a few hours after the incident occurred, I feel there’s a problem with that. It needs a more dedicated system,” said Pingeon. “The sheriff is saying his staff did what they were supposed to do, but you can’t know that that fast. He needs to be willing to step up and face the problems the jail has.”

http://www.heraldnews.com/news/local_news/x637610259/Pair-of-suicide-attempts-raise-questions-about-inmate-care?view=print

Posted by lois at 09:55 PM | Comments (0)

October 21, 2009

AZ: Judge rules against Arpaio who demanded $300-$600 of prepayment for transportation for women seeking access to abortion care.

From the ACLU: "A victory for incarcerated women against Sheriff Joe Arpaio The judge ordered that it was unconstitutional for Maricopa Jail to require "prepayment" of transportation costs for those women seeking to access abortion care."

Judge: No prepayment for abortion transport
by Michael Kiefer - Oct. 21, 2009
The Arizona Republic

A Maricopa County Superior Court judge on Tuesday ruled that the Sheriff's Office cannot force jail inmates to prepay the cost of being transported to a clinic to obtain an abortion.

Judge Robert Oberbillig said he felt "compelled" to add the ruling to an existing injunction against the Sheriff's Office forbidding it from demanding court orders before taking inmates to abortion clinics.

Sheriff Joe Arpaio appealed that 2005 injunction all the way to the U.S. Supreme Court, which refused to hear the case.

Then his office told another inmate that she would have to pay $300 to $600 in advance to cover the office's cost of transport and security before being taken to the clinic. If she wanted a waiver for the fee, she could get a court order. The woman was able to obtain funds for the transport. Still, the American Civil Liberties Union of Arizona, which brought the initial suit, argued that the prepayment created another obstacle to a woman's right to obtain a timely abortion under the U.S. Constitution.

Deputy Chief Sheriff Jack MacIntyre told The Republic that the court should have waited for a new case with a plaintiff who still needed an abortion, "someone whose actual constitutional rights have been affected. This really is judicial activism taken a few steps too far," he said.

But ACLU attorney Brigitte Amiri told the court, "That will effectively mean that some women will lose their constitutional right and be forced to carry a child to term."

Amiri told the court that the three women who have been plaintiffs over the history of the case had their abortions delayed seven weeks, four weeks and six weeks, respectively, which she claimed placed their health in danger and delayed their constitutional rights.

The ACLU did not dispute the sheriff's right to demand reimbursement for the transport costs.

But Daryl Manhart, an attorney for the Sheriff's Office, argued that extending credit in advance would be tantamount to giving away the money, as the inmates would likely not pay it back.

Oberbillig questioned Manhart rigorously over the hour-and-a-half long hearing, but ultimately ruled on the side of the side of the ACLU.

MacIntyre and Manhart both said that the Sheriff's Office would likely appeal the ruling.
http://www.azcentral.com/arizonarepublic/local/articles/2009/10/21/20091021acluabortion1021.html

Posted by lois at 12:20 PM | Comments (0)

October 17, 2009

The California Fix: As 40% of money for rehab programs are cut, prisons do less to keep prisoners from returning

THE CALIFORNIA FIX
As rehab programs are cut, prisons do less to keep inmates from returning
By Michael Rothfeld
October 17, 2009

Reporting from Sacramento - Gina Tatum spends her days in a compound surrounded by electrified fence in the sun-baked heart of the Central Valley, hoping to change her life.

She will soon turn 50, and after two decades in and out of prison, she says she is tired of victimizing others, tired of stealing, tired of doing drugs.

"I can't afford any more years up here -- I've lost too many," said Tatum, who is serving a four-year stint for forgery at the Valley State Prison for Women in Chowchilla. "I'm trying to learn things to change my thinking, change everything about me, so I can go home. It's so easy to get caught up here and never leave. I don't want to die in prison."

But because of cuts in the state budget, Tatum and thousands of other inmates and parolees in California are about to lose access to many of the programs the prison system has offered to help them turn their lives around.

Officials plan to chop $250 million a year from rehabilitation services, more than 40% of what the state now devotes to them and a quarter of the $1 billion it is slicing from its prison system.

The cuts occur four years after Gov. Arnold Schwarzenegger persuaded lawmakers to change the name of the Youth and Adult Correctional Agency to the Department of Corrections and Rehabilitation.

"We don't want to just put the name on it," he said in 2007, proposing to expand rehabilitation services for prisoners. "We have to heal them. We have to get them ready to go out so they can get a job, connect with society and never commit a crime again."

Federal pressure

The rehabilitation services are being slashed at the moment when they may be most needed: The state is under pressure from federal courts to reduce overcrowding driven by the high rate at which inmates return to prison after they are released.

Substance-abuse treatment, vocational training and educational programs, all scheduled to be cut back, were designed to give offenders skills to help them hold jobs and make other changes. They are taught to handle anger, build self-esteem and search for the roots of their decisions to commit crimes, the better to avoid repeating them.

At eight prisons, substance-abuse programs will close; scaled-down versions will remain at only 12 of the state's 33 lockups and one of its privately run prisons. Up to 900 instructors and staff, many of whom provide academic and vocational education, could be laid off. Arts programs will no longer be available.

State officials say they will attempt to use their reduced resources more efficiently, by cycling inmates through programs for shorter periods.

"We're very much targeting the resources on those who most need it," said Elizabeth Siggins, who is in charge of rehabilitation for the state prison system.

But advocates for rehabilitation and program providers contend that the cuts mean a return to an old way of thinking, in which prisons were intended to punish but not improve those society sends there. And they say the changes could have an effect on safety in California streets and within its prisons.

Kathy Jett, formerly Schwarzenegger's top aide for prisoner rehabilitation, said gangs may attempt to fill the void created by the absence of programs.

"I think you'll start to see a shift back to lots of violence," she said. "These are pretty draconian, pretty severe cuts. . . . The wardens really are not going to have many tools to manage those inmates."

The changes could also subvert the state's recent moves to lower incarceration costs and ease crowding.

The governor and state lawmakers last month agreed to reduce supervision of parolees so fewer would be returned to prison for failing drug tests and other low-level violations. At the same time, the state is eliminating 45% of the seats in its substance-abuse programs for parolees, which experts say increases the likelihood that they will commit new crimes and go back to prison anyway.

And the state may undermine another recently enacted measure that gives inmates more time off their sentences for participating in such programs: Prisoners cannot earn the credit without access to the programs.

At Valley State, two nonprofit groups hired by the state provide rehabilitation to 756 women four hours a day, five days a week. The state has canceled a contract with one of the groups, Phoenix House, as of this month and will end a contract with Walden House as early as December. After that, officials plan to award a new contract for only 175 women to receive services.

At Walden House's program one recent day, about 125 women arrived at a building that resembles a small civic center. They sat quietly for "accountability time," arms folded, feet tapping, while attendance was checked. When the session began, women stepped to the center to perform a previously assigned task intended to teach responsibility.

One read a poem. Another recounted the day's news from television reports. A third offered inspirational proverbs. The women sang a boisterous "Happy Birthday to you -- Woooo" for one inmate.

The goal, counselors said, is to get inmates, some of whom are required to attend against their will, to connect with others and learn trust. The program is for women who have used drugs or committed drug-related crimes, but the curriculum extends beyond controlling addiction to maintaining relationships, parenting and anger management.

'The tears start'

"We ask them, 'Why are you here? What has happened in your life that brought you to prison?' " said Charmaine Hoggatt, a program director for Walden House.

"We get them to try to be honest about some of the choices they made. That's when the tears start to come, the confusion starts to come, and the guilt and the shame."

Mary Rubio, in the 23rd year of a life term for a crime she would not discuss, completed the program in 2005 and is a paid mentor to others.

"This program saved my life," said Rubio, 54. In "the jungle" of the prison dorms and yards, she said, she never could have reflected on her life, on how self-destructive she had been. In prison, "it's, you know, eat or be eaten," Rubio said. "So when I came into this program, it gave me a safe place . . . to look at my behaviors and the reason for them."

Not all inmates engage. Informed about the cutbacks, some applauded, Hoggatt said. As several women sat talking about the coming changes, they said that though they had initially resisted participating in the program, encouragement from fellow inmates and counselors helped them believe that they could make the future better than the past.

Tatum, shedding tears and brushing back hair streaked with gray, called the program "one of the best things I've ever done in my life." It could also be her last chance to save herself, she said, because with two strikes on her record, even a fight after her release could land her back in prison for the rest of her life.

'Let us stay'

"I know you help some people even though they don't want to be helped," Tatum told Hoggatt. "Those of us who want to be here, let us stay."

Tatum won't be eligible, because the state plans to put inmates in that rehabilitation program for only the three months immediately before their release dates, rather than the current three-year maximum. She is not scheduled to get out until the end of 2011.

Siggins said the inmates chosen for such services will be those deemed to be most in need or at the highest risk to offend again.

Similarly, the state will give preference in education programs to those who can most benefit, Siggins said.

With fewer teachers, the most classroom time will go to prisoners with lower reading levels, while those at higher levels or who are preparing for graduate equivalency tests will have more individual "self-study."

But David Beck-Brown, an artist and former instructor who left his job at a San Diego prison earlier this year, said that with little to do, prisoners grow restless.

"We have to have programs," he said. "We have to treat inmates with dignity. All that is going under now."

http://www.latimes.com/news/local/la-merehab17-2009oct17,0,3388203.story
Copyright © 2009, The Los Angeles Times

Posted by lois at 10:39 AM | Comments (0)

October 15, 2009

KS: Gov. moves for outside review of prison system following allegations of widespread illegal sex among staff and prisoners at the state's prison for women

Kan. gov. seeks outside review of state prisons
Eds: UPDATES with additional allegations about allegations; details about governor's request; governor's statement; quotes from governor's spokeswoman, corrections secretary, legislative leader.

By JOHN HANNA
10-14-09
Associated Press Writer

TOPEKA, Kan. (AP) -- Gov. Mark Parkinson moved Wednesday to have an outside review of Kansas' prison system following allegations of widespread illegal sex among staff and inmates at the state's prison for women.

Parkinson sent a letter to the deputy director of the National Institute of Corrections, asking for help in finding an independent management expert with a national reputation to conduct a review. The institute, in Washington, is an agency within the U.S. Justice Department.

The governor said he wants to examine the Kansas Department of Corrections' policies and staff training on sexual misconduct and supervision of inmates of one gender by staff of the opposite gender. Parkinson said he expects a review to be completed before Kansas legislators reconvene in January.

"No one in our corrections system -- whether it's an employee or inmate -- should ever be exploited or abused," Parkinson said in a statement. "We must ensure that the policies we have in place are working and that when people do not follow these policies, they are appropriately dealt with."

Earlier this month, The Topeka Capital-Journal reported that inmates and staff at the Topeka Correctional Facility said as many as one-third of its 250 employees have been involved with an illegal black market that includes exchanging drugs for sex with female inmates. The prison has about 550 inmates.

The newspaper reported that its own investigation showed the prison had a workplace culture "that leaves the door open to misconduct," basing its conclusion on interviews and hundreds of pages of documents.

It focused on the case of a former vocational instructor at the prison who pleaded guilty last year to trafficking in contraband and having sex with a female inmate, which is illegal for a prison employee under Kansas law. He was sentenced to two years probation. The inmate became pregnant and had an abortion.

Corrections Secretary Roger Werholtz has said only 2 percent of the department's 3,000 employees have engaged in such misconduct. But he welcomed Parkinson's move Wednesday.

"I think it's important at this point that there be an independent set of eyes that takes a look at the policies and procedures that we have in place and takes a look at our operations," Werholtz said in an interview.

Parkinson spokeswoman Beth Martino said the Democratic governor's desire for an outside review doesn't signal any loss of confidence in Werholtz. She said the two are working together to make sure the department's efforts to prevent misconduct are adequate.

House Speaker Mike O'Neal, a Hutchinson Republican, said an outside review is welcome but said it needs to examine the department's oversight of its staff, not just its policies and training.

"I can't imagine that there aren't policies that are in place, and it's just a matter of whether those policies are being enforced and followed," O'Neal said. "Certainly, the recent stories raise a lot of concerns in the public's eye about what's going on."

http://www.hdnews.net/apksstory/k1057-BC-KS-Kansas-PrisonSex-2ndLd-Writethru-10-14-0654

Posted by lois at 10:06 AM | Comments (0)

October 14, 2009

NY Times Editorial: One Protection for Women Prisoners In Labor. Now states and other courts must act.

NY Times Editorial: One Protection for Prisoners
Published: October 13, 2009

The practice of keeping female prisoners in shackles while they give birth is barbaric. But it remains legal in more than 40 states, and advocates of prisoners’ rights say it is all too common. A federal appeals court has now found that the shackling of an Arkansas inmate may have violated the Constitution — but the margin was uncomfortably close.

Shawanna Nelson, a nonviolent offender, was 29 years old and six months pregnant when she arrived in Arkansas’s McPherson Unit prison in 2003. When she went into labor, she was taken to a civilian hospital. Although there was no reason to consider her a flight risk, her legs were shackled to a wheelchair, and then, while she went through labor, to the sides of a hospital bed.

Ms. Nelson testified that the shackles prevented her from moving her legs, stretching or changing positions during the most painful part of her labor. She offered evidence that the shackling had caused a permanent hip injury, torn stomach muscles, an umbilical hernia that required an operation and extreme mental anguish.

In a suit against prison officials, Ms. Nelson charged that her Eighth Amendment right to be free of cruel and unusual punishment had been violated. She won an early ruling from the trial court, but a three-judge panel of the United States Court of Appeals for the Eighth Circuit rejected her suit. Now the full appeals court has reversed that decision, ruling, with a 6-to-5 vote, that a jury could find that Ms. Nelson’s shackling was unconstitutional. The court relied in part on a 2002 Supreme Court holding that Alabama’s practice of tying prisoners to a hitching post violated the Eighth Amendment.

The ruling should help persuade other courts and state legislatures that the shackling of pregnant prisoners is unconstitutional. Several states have already made the practice illegal under certain circumstances — including New York, which did so this year.

Elizabeth Alexander, director of the American Civil Liberties Union’s prison project, called the circuit court’s ruling “thrilling,” given how conservative the federal courts have been on prison issues. It is clearly an important victory. Sadly, it is also a sign of how low the bar has been set for the humane treatment of prisoners.

A version of this article appeared in print on October 14, 2009, on page A30 of the New York edition.
http://www.nytimes.com/2009/10/14/opinion/14wed3.html?_r=1&ref=opinion

Posted by lois at 12:50 PM | Comments (0)

October 13, 2009

Two former state employees accused of raping three women prisoners as they worked on OK governor's grounds

Prisoners Say They Were Raped on Job Detail

By THE ASSOCIATED PRESS
Published: October 12, 2009
NY Times
OKLAHOMA CITY (AP) — Prosecutors are investigating accusations that two former state employees at the Oklahoma governor’s mansion raped three female prison inmates assigned to work on the mansion’s grounds.

Neither man has been charged, but the Department of Central Services fired both of them on Sept. 29 for violating departmental policies after a three-month Department of Corrections investigation.

The accusations raise questions about security at the chief executive’s residence and about the oversight of a program meant in part to reward good behavior by allowing inmates to leave prison for the day and work off site.

Department of Corrections officials believe the state workers who supervised the inmates at the governor’s mansion committed sexual battery, forcible sodomy and rape against inmates from the Hillside Community Corrections Center, a department spokesman, Jerry Massie, said Monday. The department recently turned its findings over to the office of the Oklahoma County district attorney, David Prater.

Assistant District Attorney Scott Rowland said Monday that prosecutors met with Department of Corrections investigators for two hours Friday and that the investigation was continuing. Neither of the employees responded to phone messages seeking comment.

The inmates, two of whom have since been released from prison, say the assaults happened between March 2008 and January 2009. The Department of Corrections did not begin investigating until June 1, after one woman came forward after her release, Mr. Massie said.

The women said they were attacked in a storage building outside the security fence that surrounds the mansion’s 14-acre grounds, Mr. Massie said.

Janet Roloff, a lawyer for one of the women, said her client had endured a “violent, bloody rape” that left her with emotional and physical scars. It is illegal for a supervisor and an inmate to have sex, and Ms. Roloff scoffed at the notion that any sex between her client and the state workers was consensual.

“My client was dragged down, held down by one and raped by another,” she said. “That doesn’t sound very consensual, does it?”

Ms. Roloff said her client had been afraid to report the attack until after her release, for fear of retribution. She said the woman had come forward to try to persuade prison officials to stop sending female inmates to the governor’s mansion.

The Corrections Department is interviewing other women who took part in the program, Mr. Massie said. The program was suspended after the accusations surfaced but has since resumed.

The accusations came a month after three state troopers assigned to guard the mansion were disciplined for falsifying hours, saying they were working when they were not.

A version of this article appeared in print on October 13, 2009, on page A21 of the New York edition.
http://www.nytimes.com/2009/10/13/us/13okla.html?_r=1&scp=2&sq=Oklahoma&st=cse

Posted by lois at 02:35 PM | Comments (0)

October 07, 2009

MA: State floats idea of another prison in Framingham

State floats idea of another prison in Framingham
By Dan McDonald/Daily News staff
The MetroWest Daily News
Posted Oct 07, 2009
FRAMINGHAM —

Already home to MCI-Framingham, the town might be host to another 500-bed prison facility.

The state has broached the idea, which appears to be in a very preliminary planning stage, selectmen Chairwoman Ginger Esty told her board last night .

There are many unknowns, the foremost being whether the proposal has any traction.

Selectmen, meeting in the Memorial Building's Ablondi Room last night, have many questions for which they do not have answers.

Would the facility be for men or women? What level of security would it have? Would it be an expansion of MCI-Framingham or a different entity altogether?

What kind of payment would the town get for hosting such a facility?

In fiscal 2009, the Department of Correction paid the town $75,437 for the presence of the tax-exempt MCI-Framingham, a medium-security prison on Loring Drive on the town's Southside.

That prison, like the whole system, is overburdened.

As of Aug. 17, MCI-Framingham, the DOC's only "committing institution for female offenders" had 597 inmates. It has a capacity for 452.

The state slashed $13 million from the DOC's budget within the last year.

The DOC is closing the Massachusetts Alcohol and Substance Abuse Center on Nov. 6 because of budget cuts.

While the details remain murky, such a facility would present "significant unseen challenges" to the town in providing municipal services, said Town Manager Julian Suso last night.

Esty agreed, saying the town needs more information.

"It would have a lot of repercussions in our community," said Esty.

Suso, Esty, a representative of Framingham Police Department, and representatives of Framingham's State House delegation met with the state's Division of Capital Asset Management to talk about the idea recently.

State Rep. Pam Richardson, D-Framingham, alerted Esty. Richardson had heard about the idea from a sheriff, said Esty.

So far, state officials are reluctant to talk about the plan in detail, according to Suso and Esty.

Suso did suggest a "planning process is going to be unfolding."

In other business, fire officials told selectmen the probable cause of the Sept. 21 Conigliaro Industries fire was improperly disposed of smoking material, possibly a discarded cigarette.

The fire at 701 Waverley St. ripped through a pile of recyclables that was 250 feet long, according to fire officials.

The blaze shut down commuter and freight rail traffic for about 90 minutes, according to state officials. No one was injured. The fire cost Conigliaro about $250,000.

Framingham Fire Marshal Brian Mauro told selectmen arson was essentially ruled out because the fire smoldered from the bottom of the pile of refuse. If someone had lit the fire on purpose they would have lit the top of the pile and "we would have seen that," said Mauro.

Mauro said Conigliaro appeared to be in compliance with all of its permits and had no violations pertaining to the fire.

He said the business toughened smoking regulations on the site after the fire.

Selectmen also last night honored Police Officer John Moore and Police Detective Leonard Pini for their courage in dealing with a disgruntled shotgun-toting man on Coburn Street in September 2008.

Responding to a domestic assault call, police arrived at a 34 Coburn St. apartment on Sept. 24, 2008 and were greeted by a shotgun blast from Michael Boyd, then 24.

Moore returned fire, but missed. Pini fired and hit Boyd in the chest.

Both faced mortal danger and prevented others at the scene, including two children, from harm, according to proclamations read last night.
Dan McDonald can be reached at 508-626-4416 or at dmcdonal@cnc.com
http://www.metrowestdailynews.com/news/x458693970/State-floats-idea-of-another-prison-in-Framingham

Posted by lois at 11:41 PM | Comments (0)

October 06, 2009

Letter to the Editor (NY Times) on Abuse of Women Prisoners

Letter to the Editor: Abuse of Female Prisoners
Published: October 2, 2009
To the Editor:
Re “Prisoners’ Rights” (editorial, Sept. 24):

You are right to call for legislation amending the Prison Litigation Reform Act. We sued on behalf of female prisoners in the New York State prison system who reported that they had been sexually assaulted by staff members, and have been appalled to spend the last six years litigating whether these 17 women — each of whom bravely complained of her abuse to departmental officials — exhausted their administrative remedies sufficiently to satisfy the law.

As a result, New York State has been able to avoid addressing the prison system’s longstanding failure to protect female prisoners from sexual abuse, allowing more and more women to be victimized.

The Prison Litigation Reform Act was sold in Congress as a measure against frivolous litigation, but has served in reality to prevent the redress of the most serious violations of prisoners’ human rights. The time has come for reform, or better yet, repeal of the law.

Lisa Freeman
Dori Lewis
New York, Sept. 24, 2009

The writers are lawyers with the Prisoners’ Rights Project of the Legal Aid Society and lawyers for the plaintiffs in Amador v. Andrews.
http://www.nytimes.com/2009/10/02/opinion/lweb02prisoner.html?_r=3&pagewanted=print_

Here is the editorial:
Editorial
Prisoners’ Rights

Published: September 23, 2009

In 1996, Congress passed a law that made it much harder for inmates to challenge abusive treatment. It has contributed significantly to the bad conditions — including the desperate overcrowding — that prevail today. The law must be fixed.
Skip to next paragraph
Related
Times Topics: Prisons and Prisoners

In the name of clamping down on frivolous lawsuits, the Prison Reform Litigation Act barred prisoners from suing prisons and jails unless they could show that they had suffered a physical injury. Prison officials have used this requirement to block lawsuits challenging all sorts of horrific conditions, including sexual abuse.

The law also requires inmates to present their claims to prison officials before filing a suit. The prisons set the rules for those grievance procedures, notes Stephen Bright, the president of the Southern Center for Human Rights, and they have an incentive to make the rules as complicated as possible, so prisoners will not be able to sue. “That has become the main purpose of many grievance systems,” Mr. Bright told Congress last year.

In the last Congress, Representative Robert Scott, Democrat of Virginia, sponsored the Prison Abuse Remedies Act. It would have eliminated the physical injury requirement and made it harder for prison officials to get suits dismissed for failure to exhaust grievance procedures. It would have exempted juveniles, who are especially vulnerable to abuse, from the law’s restrictions.

The bill’s supporters need to try again this year. Conditions in the nation’s overcrowded prisons are becoming increasingly dangerous; recently, there have been major riots in California and Kentucky. Prisoner lawsuits are a way of reining in the worst abuses, which contribute to prison riots and other violence.

The main reason to pass the new law, though, is human decency. The only way to ensure that inmates are not mistreated is to guarantee them a fair opportunity to bring their legitimate complaints to court.
http://www.nytimes.com/2009/09/24/opinion/24thu4.html?scp=1&sq=prisoners%E2%80%99%20rights&st=cse

Posted by lois at 09:29 AM | Comments (0)

October 05, 2009

From National Advocates for Pregnant Women: Shackling Pregnant Prisoners in Labor Found to be Cruel by the Eighth Circuit

Dear Friends and Allies:

On Friday, the United States Court of Appeals for the Eight Circuit (the federal level appellate court that reviews decisions from federal district courts in North Dakota, South Dakota, Iowa, Nebraska, Missouri, Minnesota, and Arkansas) issued the long-awaited decision in Nelson v. Norris. In this case, Shawanna Nelson argued that being forced to go through the final stages of labor with both legs shackled to her hospital bed was cruel and unusual punishment, in violation of the 8th Amendment to the Constitution. She argued that she should be allowed to sue the director of the prison and the guard who repeatedly re-shackled her legs to the bed. Ms. Nelson, an African-American woman, was incarcerated for non-violent offenses of credit card fraud and "hot checks."

In this historic federal court decision, the Court held that the guard was not immune from (protected from) suit because it has been clearly established by the decisions of the Supreme Court and the lower federal courts that shackling pregnant women in labor violates that 8th Amendment's prohibition on cruel and unusual punishment. The Court suggested that the corrections officers should have known that the medical risks of shackling were "obvious" and that "the shackles interfered with Nelson's medical care, could be an obstacle in the event of a medical emergency, and caused unnecessary suffering at a time when Nelson would have likely been physically unable to flee because of the pain she was undergoing and the powerful contractions she was experiencing as her body worked to give birth."

Ms. Nelson originally filed this case in 2004. As the case progressed through the courts, she seemed to be losing. In 2008, three judges on the 8th Circuit Court of Appeals concluded that she had no right to sue. Recognizing the harm this decision would do, her counsel reached out to national advocacy groups for help in an effort to petition the court for re-hearing. Even though NAPW does not specialize in prison issues, we are recognized for our commitment to pregnant women and our extraordinary ability to mobilize leading public health and advocacy groups. With allies at the Rebecca Project for Human Rights and the National Economic and Social Rights Initiative (NESRI), we were able to identify more than 35 organizations (see full list below) that wanted to be represented as amicus in this case. In a brief filed with the Kesten Law Firm in Arkansas, amici articulated both constitutional and international human rights arguments in support of the re-hearing and against the degrading and cruel practice of keeping pregnant women in labor in shackles. We did all this in less than a week.

This effort succeeded, garnering a decision by the court to re-hear the case en banc (with full court review). In any year, fewer than 100 cases in the entire federal system are granted rehearing with en banc review. This was a strong initial indication that our brief had made a difference. Not only that, but at oral argument one of the judges specifically referred to our brief, asking: "Based on the amicus submission filed in support of the petition for rehearing, wasn't Arkansas an outlier in the world's community in terms of treatment of pregnant prisoners?" Our answer is yes, and the Court of Appeals decision this Friday agreed.

That this decision is "historic," and that five of the eleven circuit court judges dissented, makes clear both how far we have come and how far we still have to go to ensure the civil and human rights of all pregnant women (the dissent in Friday's opinion saw no "clearly established" constitutional violations in shackling Ms. Nelson during labor.)

Congratulations to Ms. Nelson, her counsel, and all of the groups who sought reproductive justice and won in this case!

This victory makes clear that with persistence we can win.

Sincerely,
Lynn M. Paltrow
Executive Director
National Advocates for Pregnant Women
www.advocatesforpregnantwomen.org
info@adovacatesforpregnantwomen.org

Amici on behalf of Shawanna Nelson:
National Perinatal Association
American College of Nurse Midwives
American Medical Women's Association
Citizens for Midwifery
Birthnet Inc.
The Bronx Health Link Inc.
California National Organization for Women
Center for Reproductive Rights
Chicago Legal Advocacy for Incarcerated Mothers
The D.C. Prisoners' Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs
Florida Institutional Legal Services Inc.
Justice Now
Law Students for Reproductive Justice
Legal Momentum
Legal Services for Prisoners with Children
Lutheran Services of Illinois Connections Program
Maternal and Child Health Access
The Ms. Foundation for Women
National Juvenile Justice Network
National Women's Health Network
National Women's Law Center
National Women's Prison Project
The New Mexico Women's Justice Project
The Northwest Women's Law Center
The National Organization for Women Foundation
Penal Reform International
Prison Legal News
Prisoners' Legal Services of New York
The Rebecca Project for Human Rights
SisterSong Women of Color Reproductive Health Collective
Southwest Women's Law Center
Texas Jail Project
The Uptown People's Law Center
WORTH(Women on the Rise Telling Her Story)

Posted by lois at 06:40 PM | Comments (0)

September 28, 2009

Interview with Young Women's Empowerment Project on their research "Girls Do What they Do In Order to Survive"

An interview with the Young Women's Empowerment Project on their research study of girls involved in the sex trade.
Participatory Action Research emphasizes the involvement of those being studied in the actual research process. It’s a technique the Young Women's Empowerment Project has used to fill in the gaps of previous research on the sex trade and street economy. YWEP assists young women ages 12-23 who are either currently working in the sex trade and street economy, or have in the past. The group is also entirely run by peers with experience in the sex trade and street economy. Today, YWEP releases their findings in a new report entitled, “Girls do what they have to do to survive: Illuminating Methods used by Girls in the Sex Trade and Street Economy to Fight Back and Heal.” Alison Cuddy sat down with the study’s research coordinator Jazeera Iman, and Shira Hassan, co-director for the Young Women’s Empowerment Project.
http://www.chicagopublicradio.org/Content.aspx?audioID=37026

Posted by lois at 10:06 AM | Comments (0)

September 26, 2009

Cuts Ravage California Domestic Abuse Program

Cuts Ravage California Domestic Abuse Program
By JESSE McKINLEY
Published: September 25, 2009

SAN FRANCISCO — The Riley Center does not advertise its location, in a three-story Victorian in San Francisco’s core. The center’s address is confidential to protect its tenants: dozens of women and children fleeing abusive relationships.

A room in a shelter for victims of domestic violence that was able to reopen recently because of a contribution from a donor.

While those who live at the Riley Center are often desperate for help, so is the center itself and dozens like it across California.

Because of cuts in state financing, several domestic violence shelters in California have closed in recent months, with layoffs or fewer full-time staff members at many others. Legal services — like help obtaining restraining orders — have been curtailed, as has counseling.

The Riley Center has eliminated six beds and combined its emergency services with its longer-term transitional program.

Shelters have also dropped 24-hour services, cut overnight staff at emergency centers and eliminated more comprehensive services like safe visitation centers, where staff members are posted when children are dropped off or picked up as part of custody agreements.

“Our members are struggling to keep their doors open,” said Tara Shabazz, the executive director of the California Partnership to End Domestic Violence, which represents the state’s nonprofit shelters.

In July, Gov. Arnold Schwarzenegger eliminated the remaining financing for the state’s Domestic Violence Program — some $16 million — in the face of a lingering budget gap of nearly $500 million. Legislators had closed most, but not all, of a $24 billion deficit.

Mr. Schwarzenegger has said he regretted the decision but had no choice. “The governor understands how difficult these cuts are,” said Aaron McLear, a spokesman. “But he can’t promise money we don’t have.”

Other states, including New Jersey and Illinois, have struggled to find ways to keep domestic violence centers open, but national advocacy groups say no state has gone as far as California in “zeroing out” domestic violence money.

“California is by far the most extreme and shocking example,” said Sue Else, the president of the National Network to End Domestic Violence, a group in Washington. “We’re appalled that this is the way that the governor would seek to balance the budget.”

The cuts to the program, which is part of the State Department of Public Health, means that the 94 nonprofit agencies charged with running the state’s domestic violence shelters have lost about $200,000 each. For most, that amounts to more than 40 percent of their anticipated annual financing, although agencies have received money for other shelter services from the federal stimulus package and the state’s emergency management agency.

Erik Sternad, the executive director of Interface Children Family Services in Ventura County, near Los Angeles, said his organization had initially believed that it would lose all five of its transitional shelters — usually multibedroom homes in suburban areas — where about three dozen women and children could live for up to 18 months. In the end, one was sold, one was transformed into youth services, and the final three were eventually saved by private donations. But of those, two have money assured only through June 30, the end of the fiscal year.

“We know that this money is going to run out about nine months from now,” Mr. Sternad said.

The pain has been most acute in remote areas. The Domestic Violence and Sexual Assault Coalition in Grass Valley, northeast of Sacramento, is the only such facility in that area. The coalition closed its 12-bed shelter, leaving five families in the lurch.

Niko Johnson, the coalition’s executive director, said her staff managed to find places for those families to stay, but has since had to turn away 14 women with 8 children.

“We had to give a voucher for a motel,” she said. “When women get to that point and are ready to make a change, it’s hard to say we can give you three nights in a motel. They ask, ‘What next?’ ”

At the same time, Ms. Else, of the National Network to End Domestic Violence, said the impact of a sour economy, including job losses and foreclosures, added to the need for services.

“I don’t know that it causes or creates domestic violence,” she said of the recession. “But what happens is that if there is domestic violence happening at home, it exacerbates it.”

The cutbacks come as the movement to fight domestic violence marked the 15th anniversary of passage of both the federal Violence Against Women Act, which established programs and penalties in cases of abuse against women, and California’s Battered Women Protection Act, which established financing for the state’s shelter system. There have been some signs of help. In August, shortly after the California cuts were announced, the Department of Justice awarded about $2.9 million to six transitional housing programs in California, primarily in rural counties. In the meantime, many shelters are finding ways to cope.

Mari Alaniz, director the Riley Center, which is run by the St. Vincent de Paul Society, said that combining the center’s emergency services and longer-term transitional program in one building has meant less privacy, with as many as six beds to a room. Still, she said, “better to have six in a room than not to have a shelter.”

That sentiment is echoed by a 41-year-old woman who was there for months last year when her ex-husband threatened to hurt her two younger children.

“When he was doing stuff to me, I could take it,” said the woman, whose name is being withheld to avoid disclosing her location. “But when I saw it was happening to them, I reacted like a lion. And eventually I was a lion, and I left the situation.”

The woman has since moved into her own home with two of her children.

She said she had lived in fear of beatings and other kinds of abuse from her ex-husband for more than two decades, but had noticed a change in herself of late.

“Now that I have my own home, it might sound dumb, but I can get up when I want and do what I want, and I think the kids feel the same way,” she said. “I ain’t scared no more.”

http://www.nytimes.com/2009/09/26/us/26domestic.html?pagewanted=2&_r=1&ref=us

Posted by lois at 08:58 PM | Comments (0)

September 23, 2009

AZ: 2 articlles on the horrible cruel death of Marcia Powell. Prison guards punished in Marcia Powell's Death: 3 fired, two leave, 10 receive suspensions ranging form 40 to 80 hours, one demoted

Details emerge in inmate's heat-related death
Report describes miscommunications, policy violations
by Casey Newton - Sept. 24, 2009 12:00 AM
The Arizona Republic

Disturbing new details emerged Wednesday in the death of Marcia Powell, an Arizona state prison inmate who died of heat-related causes after being left in an outdoor cage for hours.

The Arizona Department of Corrections' internal investigation of Powell's death on May 20 runs about 3,000 pages. The department announced this week that it has disciplined 16 people in connection with the incident, with five employees fired or forced to resign. A criminal investigation is ongoing.

Interviews with prison staff members, inmates and medical personnel illustrate how a series of policy violations and miscommunications led to Powell's collapse at Arizona State Prison Complex-Perryville in Good- year. She later died at West Valley Hospital.

Among the report's findings:

• Powell passed out in her cell on the morning of May 19. A few minutes before, she had announced she was suicidal. She was taken to an outdoor cage to await transfer to a psychiatric unit. But the sergeant who saw Powell lose consciousness never reported the incident to supervisors, despite the fact that Powell said she was having trouble breathing.

• At least 20 inmates told investigators that Powell was denied water for most or all of the time she was in her cage, despite regular requests. Corrections officers said Powell was given water.

• Powell was taking psychotropic medications that made her particularly sensitive to the heat, but medical personnel did not convey that fact to corrections officers.

• After more than two hours in the sun, Powell requested to be taken back to her indoor cell. Her request was denied.

• Powell was apparently denied a request to use the restroom and defecated in the cage. A corrections officer discovered that Powell had soiled herself but left her where she was. Medical personnel would later discover feces underneath her fingernails and all over her back.

• The psychiatric unit to which Powell was awaiting transport should have accepted her hours before she died, the report found, but a series of miscommunications prevented her from being taken in.

Powell, who was serving a sentence for prostitution, said she felt suicidal at 11 a.m. on May 19 and was escorted to the outdoor cage to await transportation for psychiatric care at the prison complex detention unit.

Officers seeking to move Powell to the unit were first told that it did not have available beds. Later, another inmate in the unit refused to put handcuffs on to be taken back to her cell, causing the staff to trigger its incident command system. The incident took more than 90 minutes to resolve, during which time no other inmates were brought into the unit.

Officers monitoring Powell were wary of asking psychiatric-unit staffers to accept another inmate during the standoff, even though three beds had become available. But investigators said it would have been possible to transfer Powell, since the uncooperative inmate was locked in a secure cell.

Prison policy calls for inmates to be kept in outdoor cells for a maximum of two hours. The cells had no shade, and on the day Powell died, temperatures hit 107.5 degrees.

Officers did not properly log Powell's time in the outdoor cell or when they checked on her. When she collapsed, no one could say for certain how long she had been there.

Doctors on the scene said Powell's body temperature was at least 108 degrees but may have been higher, since their thermometers topped out at 108.

Charles Ryan, corrections department director, called Powell's death "unconscionable" and "an absolute failure."

The most bitterly disputed aspect of the case concerns whether Powell was denied water.

Nearly all of the inmates interviewed by investigators reported that Powell screamed out for water regularly but was repeatedly denied. Others said she was granted water only once or twice in nearly four hours.

"I need some water - just a drop," one inmate overheard Powell tell a corrections officer, who reportedly ignored her.

Another inmate reported that a corrections officer mockingly repeated Powell's requests for water back to her, without giving her any.

All of the corrections officers interviewed for the report said Powell had been given water throughout her outdoor confinement.

Both inmates and staff members said Powell's history of mental illness and frequent erratic behavior meant that some of her requests were not taken seriously. She did not get the staff's undivided attention until she collapsed at 2:40 p.m.

Timothy Johnson, a physician's assistant who attempted to revive Powell, swore repeatedly at investigators when asked about Powell's death.

"This should not have happened," he said.

Workers Punished In Inmate's Death
Marcia Powell Left In Outdoor Holding Cell For 4 Hours In Triple-Digit Heat
September 22, 2009

PHOENIX -- Sixteen Arizona prison workers have been disciplined or fired for the death of an inmate left in an outdoor cage.
Three of those disciplined were fired, two stepped down in place of being fired, 10 received suspensions ranging from 40 to 80 hours, and one was demoted. Two others will be disciplined after they return from medical leave.

Arizona Department of Corrections Director Charles Ryan announced the moves Tuesday, calling the death "the most significant example of abuse" of an inmate that he's aware of within the department.
"That is an absolute failure," Ryan said Tuesday. "The inmate should not have been left in the enclosure that length of time."

Ryan declined to provide the names of the corrections employees who were disciplined, saying it would be inappropriate considering they have the right to appeal their punishments.

Marcia Powell, 48, died last May, about 10 hours after she collapsed in an outdoor, unshaded holding cell at the Perryville prison in Goodyear.

Her body's core temperature had risen to 108 degrees, according to the autopsy report.

The autopsy revealed Powell had first and second-degree burns on her face, chest and arms.

The report also turned up traces of medication in Powell’s blood for treating Parkinson’s disease and depression.

Ryan said at the time Powell was left in the cell nearly twice as long as she should have under department policy.

Ryan said Powell's cell was 20 yards from a staffed control room from where corrections officers should have been watching her.

Donna Hamm, director of Tempe-based Middle Ground Prison Reform, said the employees' punishment helps show other prison workers that they will be held accountable for their actions.

"There was an established policy, and had it been followed, Marcia Powell would be alive today," Hamm said.

She said County Attorney Andrew Thomas should charge the employees involved in Powell's death.

"If that happens, the message is crystal clear to department employees about their responsibilities and the consequences of not following their own policy," Hamm said.

Powell arrived at the Perryville prison in August 2008.

Powell was placed alone in the cell while being moved to an onsite detention unit after seeing a prison psychologist. Ryan said a disturbance at the detention unit prompted Powell's placement in the holding cell. He would not elaborate on the nature of the disturbance.

Ryan said officers gave Powell bottled water, as required under prison policy.

Officers did not remove her after two hours as they should have done under department policy, according to Ryan.

"It is intended to be temporary," Ryan said. "It is not intended to be a place where they are held for an inordinate amount of time."

Powell had been in and out of state prisons and had a long history of mental illness, Ryan said.
http://www.kpho.com/news/21071761/detail.html

-----------------
AZ corrections workers disciplined in inmate death
By AMANDA LEE MYERS (AP) – 9-22-09

PHOENIX — Sixteen Arizona corrections employees have been fired, suspended or otherwise disciplined for their roles in the death of an inmate left in an outdoor holding cell for four hours in triple-digit heat and for a "wait-them-out" practice at the prison where she died.

Three of those disciplined were fired, two stepped down in place of being fired, 10 received suspensions ranging from 40 to 80 hours, and one was demoted. Two others will be disciplined after they return from medical leave.

Arizona Department of Corrections Director Charles Ryan announced the moves Tuesday, calling the death the "most significant example of abuse" of an inmate that he's aware of within the department.

Marcia Powell, who was serving a 27-month sentence for prostitution, died from heat-related complications hours after she collapsed May 19 in an uncovered outdoor cell at the Perryville prison in the west Phoenix suburb of Goodyear. She had been in the cell for nearly four hours, despite a policy that set a two-hour limit.

Powell, 48, was being held in the outdoor cell while being transferred from one section of the prison to an observation ward after seeing a psychologist. An autopsy report showed she had first- and second-degree burns on her face and body and a core body temperature of 108 degrees.

"That is an absolute failure," Ryan said Tuesday. "The inmate should not have been left in the enclosure that length of time."

The autopsy also found that Powell's death was an accident and that she had anti-psychotic drugs in her system. Such drugs are known to make people more susceptible to heat-related illnesses.

Ryan declined to provide the names of the corrections employees who were disciplined, saying it would be inappropriate considering they have the right to appeal their punishments. Those disciplined included a deputy warden, a prison psychologist, a chief of security and various officers.

A call to the union that represents Arizona corrections workers was not immediately returned Tuesday evening.

During the administrative investigation of Powell's death, Ryan said investigators with the Office of the Inspector General uncovered a so-called "wait-them-out" practice at the Perryville prison that went on for about a year. Inmates were placed in outdoor and indoor holdings cells for hours at a time as an alternative to using force, he said.

While Powell was not in a holding cell under that practice, Ryan said, an inmate was left in an outdoor cell for 20 hours three days before Powell's death; she did not require medical treatment. He said no one died under the "wait-them-out" practice.

The state prisons system ended its use of outdoor prison cells weeks after Powell's death. Arizona's 10 prisons had 233 outdoor cells for temporarily holding inmates awaiting transfer to punishment wards, medical units, other prisons or work assignments.

Ryan said the cells at Perryville are now used as exercise or short-term waiting areas. They are now shaded, and have misters and benches.

The criminal investigation into Powell's death is finished and at the Maricopa County attorney's office, which will decide if any corrections employees will be charged.

Donna Hamm, director of Tempe-based Middle Ground Prison Reform, said the employees' punishment helps show other prison workers that they will be held accountable for their actions.

"There was an established policy, and had it been followed, Marcia Powell would be alive today," Hamm said.

She said County Attorney Andrew Thomas should charge the employees involved in Powell's death.

"If that happens, the message is crystal clear to department employees about their responsibilities and the consequences of not following their own policy," Hamm said.

Copyright © 2009 The Associated Press. All rights reserved.
http://www.google.com/hostednews/ap/article/ALeqM5gsV8vjqxQYd1axkrcnJIPHOyKSFAD9ASOBFG3

Posted by lois at 12:06 PM | Comments (0)

September 12, 2009

Prison Comix by Jim Ridgeway

Prison Comix
September 5, 2009

With more and more older people going to prison there is a growing demand for educational materials to keep their minds alive and well amid the deadening atmosphere of the American correctional system—created in large part by government and supervised and informed by the judiciary. Not to mention the thousands upon thousands of young and middle-aged people whose “rehabilitation” has been cut short by the cruel sentencing laws.

There are all sorts of projects afoot in this area, but one is of special interest. It is called the Real Cost of Prisons, and is run by Lois Ahrens of Northampton, Mass., on a shoestring. You can get a feel for her work by obtaining the Real Cost of Prisons Comix book which includes three comics: Prison Town about the financing and placement of prisons and their effect on rural communities; Prisoners of the war on Drugs, a history of the war on drugs; and Prisoners of a hard Life,which includes stories of women trapped by mandatory sentencing. To me, this last book is the most telling. PM Press publishes the book at $12.95 a copy.

Ahrens got the idea of doing comic books,partly because she wanted to find a way of communicating with prisoners in a simple,direct way providing them especially up to date information and new research. She hit on the idea,in part from years of going to Mexico, and watching women engrossed in photo novellas while tending market stalls or sitting on park benches. Then trade unionists from South Africa gave her publications chock full of graphics, pictures and text that they were using to educate people in their campaign to stop privatization and in the fight against globalization. She also got ideas from “A Field Guide to the US Economy” by James Heintz and Nancy Foibre which also uses graphs, cartoons and ordinary language to explain the economy.

Because prisoners can’t ordinarily take advantage of the information that currently proliferates on the internet, comic books which speak to their lives and needs, are available and free, she says.

Comic books have been received by prisoners in every state prison system,every federal prison and numerous jails. Thousands more have been sent to prisoners through 13 Books through Bars organizations. We know that comic books are passed hand to hand by prisoners,since as soon as a set is sent to one prisoner,not a week passes before we begin receiving requests from other prisoners at that prison..One prisoner wrotethat he found one on a pew in the prison

Ahrens web site is an up to date resource on prison news.

http://unsilentgeneration.com/category/prisons-criminal-justice/

Posted by lois at 11:51 AM | Comments (0)

September 11, 2009

Pippin Ross, former reporter at WFCR talks about her years at Framingham Prison

Former reporter released from MCI-Framingham
By Dan McDonald/Daily News staff
Posted Sep 06, 2009
FRAMINGHAM —

Doing time in MCI-Framingham may have landed Pippin Ross, who once ran a public radio station in western Massachusetts before she was jailed for multiple drunken driving charges, the biggest scoop of her career: revealing what she refers to as the "beast of the correction system."

In July 2006, after facing at least four drunken driving counts, Ross was sentenced to serve 2 to 4 years in the state women's prison in Framingham.

During her stint inside, Ross, then Inmate # 80554, did what came naturally: She culled stories, taking copious notes, documenting everything from the green Jell-O and mystery soup at chow time to the Zen of mopping and sweeping in the morning.

She observed.

Ross took note of the large number of inmates given psychotropic drug prescriptions , whether they needed them or not.

"Women get put on the drugs right away," she said. "It's what I call chemical restraint."

At least 60 percent of MCI-Framingham's inmates have open mental health cases, according to the Department of Correction. Ross suggests the number is actually much higher.

In a typed response to Ross' statements, DOC spokeswoman Diane Wiffin said licensed psychiatrists, psychologists and clinicians are solely responsible for making clinical decisions.

Ross, the inmate, dug for news.

The DOC's drug vendor is based out of state, says Ross. That is something Ross' husband, Phil Austin, says many people in the state don't know, and it's something that "should make the average taxpayer livid."

Wiffin says its medical vendor uses the State Office of Pharmacy Services for all medication, as is statewide policy for all agencies.

While behind bars, Ross ruffled feathers, filing a complaint about access to the law library and holding an interview with The Boston Globe. That move, she says, partially contributed to prison officials unfairly scrutinizing her.

She says her cell was often searched and some notes confiscated.

The Department of Correction declined to comment on those assertions, saying it would need a CORI waiver to get into specifics about Ross' assertions of retaliatory solitary confinement and room searches.

Ross says legal services for the inmates are hard to come by in MCI-Framingham.

In the correction system, Ross notes there is "an ongoing philosophical civil war between those who are compassionate and those who say 'Let them break rocks."'

Wiffin, in response to that statement, says the DOC is committed to re-entry into society as sound public policy which promotes public safety.

When Ross emerged from the Loring Drive prison in March with a deflated ego, the 53-year-old whose resume includes writing for the Boston Herald and Boston Globe, she knew she had a story to tell.

Ross now lives in a sober house in Malden and is writing a book with Austin, 56, of Nantucket, about her experience in prison and in the judicial system.

It's an experience she labels "exhausting, demoralizing, and scary."

Having just finished a cup of chai tea in a Somerville cafe Friday, Ross speaks matter-of-factly about her time inside. She does not break eye contact. She does not get emotional.

She calls prison the "epicenter of post-traumatic stress syndrome" and says nearly every woman she encountered in prison had been sexually abused at some point in their lives.

"Many, many women in prison are there because of a horrible experience that drove them to the edge. All of a sudden ... the controls get lifted," she said.

Prison is almost always the result of a twisted assortment of factors, says Ross, who originally hails from Fitchburg.

"Terrible public education, no affordable housing, and no access to help," she said.

But Ross appears to buck such a criteria.

Educated at Dana Hall School in Wellesley before attending UMass-Amherst to study broadcast journalism, Ross was the news director for the National Public Radio affiliate in Amherst WFCR from 1986 to 1996.

She continued to be linked to NPR in some form until 2004.

Her decade-plus course in hard knocks began years earlier.

While alcoholism "was always there lurking," things really fell apart, she says, when she was sexually-assaulted while she was working on an investigative story in the late 1990s.

Ross racked up four charges of driving under the influence of alcohol in a 2-year span, ending in the earlier half of the decade.

In 2004 she was sent to McLean Hospital in Belmont to get sober. Her stint was short-lived. Five days into her stay she shared a vodka nip with a fellow patient and was asked to leave. That development was probably a moot point. She says she couldn't afford the $450 per day cost her insurance did not cover. Not paying for the stay meant a probation violation and she was sent back to court.

In February 2005, she was sentenced to a year in jail and ultimately landed in the Western Massachusetts Correctional Center on Howard Street in Springfield.

"It was my ashram. My on-the-taxpayer's Betty Ford clinic ," said Ross.

Three days before she was scheduled to be released, however, she was indicted for altering a court document by changing the number of drunken driving charges she had on a court document.

Ross says the count would not have affected her jail sentence and that it was a paperwork snafu; she said she had simply tried to make a minor correction to court documents.

The court thought she was trying to fudge documents to get out early.

Her attorney had a blunt assessment of the situation: "You're smoked," he told her.

She fought the charge of "before the fact aiding an attempted escape," for nine months before succumbing to her attorney's pressure, pleading out in July 2006. She was sent east, to Framingham where she was imprisoned until March.

She married Austin, a novelist with four published books under his belt, last April, two weeks after she was released from prison. The two, who first met as part of a theater production 27 years ago, corresponded while she was in jail starting in January 2007.

Ross, who has a 20-year-old son, is on both parole and probation. She is scheduled to get out of the sober house in December, but might be released sooner.

She has one article due to come out in the September issue of Shambhala Sun Magazine, an upscale meditation magazine, about teaching yoga in prison. She said she also is working on other freelance assignments.

The book project is nearly done and the couple is shopping the manuscript, which has a tentative title of "Crash Test Dummies."

Reflecting on her prison stint, Ross tries to pull something positive out of her story.

She said, "It showed me how astronomically precious life is."
http://www.metrowestdailynews.com/news/x736937634/Former-reporter-released-from-MCI-Framingham

Posted by lois at 06:25 PM | Comments (0)

September 02, 2009

ColorLines Review: The Real Cost of Prisons Comix: Vivid comics show the impacts of mass incarceration on communities of color

Issue #52, Sept/Oct 2009
The Real Cost of Prisons Comix
By Jenna M. Lloyd
Vivid comics show the impacts of mass incarceration on communities of color.

September 2, 2009

Locking 2.3 million people behind bars is a vast social project. It takes work to hide the equivalent of a large US city in plain sight. The explanations served up on the nightly news and by tough-on-crime politicians graphically focus on violent crime, despite its decline. More prisons, they say, will create safe and drug free communities.

The Real Cost of Prisons Comix (PM Press), winner of the National Council on Crime and Delinquency’s PASS Award, asks whether the billions of dollars invested annually in mass incarceration delivers on these promises.

Hidden behind these fear-provoking images, the book documents the steep human costs exacted on individual health and freedom, family unity, and community well being. What else could be done with the social wealth and creativity now trapped into cycles of cage-building and neighborhood abandonment?

Through powerful graphics and a wealth of grim statistics The Real Cost of Prisons Comix depicts how the past 30 years of unprecedented prison growth have reshaped the landscape of our urban and rural communities. By showing the concrete work that goes into building and maintaining the prison-industrial complex—from the peddlers of fear to the parole officer—the book serves as a smart, accessible primer on the politics and economics driving prison expansion. Prisons are filled with people who have dreams, raise children, and belong to communities most will rejoin.

The RCPC shows visceral narratives of their lives and the collision of racism, poverty, sexism to trace the systematic ways in which mass incarceration builds on and exacerbates these powerful inequities. Most importantly, it suggests concrete alternatives that can help rebuild safe, healthy communities.

Shrinking the system becomes as important a harm reduction strategy as needle exchange and drug treatment.

Three accomplished comic artists collaborate with long time activists and draw on the work of dozens of researchers imprisoned people, and advocates, to examine one dimension of mass incarceration. Kevin Pyle’s "Prison Town: Paying the Price" shows how millions of dollars poured into moving people hours away from their homes fails to generate promised economic growth for struggling rural communities.

In "Prisoners and the War on Drugs," Sabrina Jones takes on racial disparities in drug laws and policing practices that result in African American and Latino people comprising 93% of those incarcerated in New York, and that lock up more drug users than dealers.

Susan Willmarth’s "Prisoners of a Hard Life: Women and Their Children" examines how women are the fastest growing group of people being imprisoned. Most women are imprisoned for non-violent crimes, half of them drug offenses. But lifetime bans on welfare, public housing, and student loans for felony drug convictions only exacerbate already serious problems of poverty, racism, abuse, and drugs women face in their daily lives.

The Real Cost of Prisons Comix grew out of a popular education project Lois Ahrens began in 2000. Since the first printing in 2005, over 115,000 copies have been distributed free of charge, and project’s website receives over 30,000 page views each month. One of the great things about this book as an organizing tool is that it includes letters from readers of the comic books—imprisoned people, political organizers, policy makers, teachers, social service providers—which give us a sense of how resonant these comics have been, and all of the ways they have been put to work on the ground.


The economic depression and fiscal crises facing so many states make the alternatives to mass incarceration the book outlines all the more timely. But it’s also a time when the government is pouring even more money into locking up immigrants. Doing away with prisons isn’t just an issue of pure economics, but will also require confronting the racism, economic inequalities, and sexism that work to fuel the futureless future that they represent.

Larson, a man who is imprisoned in Sing Sing, reminds us: “Anyone planning a prison they’re not going to build for ten or fifteen years is planning for a child, planning prison for somebody who’s a child right now.” What dreams are never realized when billions go to jails and prisons instead of to rebuilding our decimated cities? The Real Cost of Prisons Comix gives us a solid place to begin building the healthy, safe, and free futures we want.

Jenna M. Loyd is a postdoctoral fellow at the Center for Place, Culture and Politics at The Graduate Center, The City University of New York. She is also co-editing a collection, Beyond Walls and Cages, that analyzes the connections between US migration policy and mass incarceration, and activist efforts to the brutalities of both systems. She can be reached at jloyd@gc.cuny.edu.
http://colorlines.com/article.php?ID=598

Posted by lois at 03:42 PM | Comments (0)

MA: Time to Pass a Law in MA Banning the Use of Shackles for Women in Labor, Delivery and Post-Partum

Published in the September 2, 2009 Daily Hampshire Gazette, Northampton, MA

To the editor:

Unlike New York ("6th State will curb shackling - N.Y. set to ban use on pregnant women"), Massachusetts has no law banning the shackling of women prisoners who are in labor.

A Massachusetts Department of Correction (DOC) policy allows the routine use of shackles on pregnant women although during the second and third trimester women prisoners are to be handcuffed only. According to DOC policy, full restraints are to be used when returning a woman to jail or prison after birth. Waist shackles cannot be used.

Despite the DOC directive, the experience of many women in Massachusetts is that they are shackled unless a medical practitioner attending the birth directly intervenes. Routinely, women are shackled to the bed by one foot within two hours after giving birth.

For this to begin to change (H.1490) "An Act Relative to Pregnant and Postpartum Inmates" introduced by Rep. Kay Khan needs to pass. Massachusetts would then have a law explicitly stating no shackling of women traveling to or from a hospital and no shackling during delivery. Attention can then be given to the woman and the newborn's health and the burden no longer fall on the doctor or nurse midwife, who now must convince a guard that a woman in labor poses no security or flight risk.

Lois Ahrens
Real Cost of Prisons Project
Northampton
http://www.gazettenet.com/2009/09/02/time-ban-shackles-pregnant-prisoners?CSAuthResp=%3Asession%3ACSUserId|CSGroupId%3Asuccess%3A3DzZJYI058Zt7AD7D49Jgg%3D%3D&CSUserId=8254&CSGroupId=5

Posted by lois at 08:47 AM | Comments (0)

August 29, 2009

Coalition for Prisoners' Rights Newsletter now can be found on the Real Cost of Prisons website

As many of you know, the C.P.R. newsletter was published for 34 years. In June 2009, they mailed an announcement to their 9,100 subscribers ... almost all of whom are prisoners saying the could no longer afford to keep printing and sending the newsletter. The Real Cost of Prisons believes in the work of the C.P.R. To reach out to families, friends, allies of prisoners, we will post the C.P.R. Newsletters in PDF format beginning with July, 2009. Each month, we will post a new newsletter. The Newsletter is now 2 pages. We encourage you to download the newsletter and send it to prisoners so that they will continue to receive this important source of information and inspiration for organizing that the Newsletter provides.
http://www.realcostofprisons.org/coalition.html

Posted by lois at 07:41 PM | Comments (0)

August 27, 2009

NY largely bans use of shackles during childbirth

NY largely bans use of shackles during childbirth
By CRISTIAN SALAZAR Associated Press Writer © 2009 The Associated Press
Aug. 26, 2009
NEW YORK — Gov. David Paterson on Wednesday signed into law a bill that largely bans the use of restraints on inmates during childbirth, making New York the sixth state in the country to do so, a spokeswoman said.

Paterson signed the bill in spite of having reservations about language in it that allows a woman to be cuffed by one wrist while being taken from a prison to a hospital if she is considered to be a danger to herself, medical staff or correctional officers, spokeswoman Marissa Shorenstein said.

At a rally in support of the bill last week, Paterson said he was concerned that a woman cuffed in an ambulance, for instance, could be in danger if there were an accident and she couldn't get out of the vehicle because of the restraint.

Shorenstein said Paterson would look to address those concerns through an amendment, if necessary.

Incarcerated women at state prisons and county jails around the country are routinely shackled during childbirth, often by correctional staff without medical training, according to civil rights organizations and prisoner advocates.

The practice has been condemned by the American College of Obstetricians and Gynecologists for unnecessarily risking women's health, and court challenges are pending in several states.

Correction departments and unions have argued that such broad-stroke policy that bans shackling could put medical staff and correctional officers at risk. They also point to the risk of escape posed by potentially dangerous inmates if they are left unshackled.

Similar state laws banning shackling exist in Texas, Illinois, California, Vermont and New Mexico, the American Civil Liberties Union says. Legislatures in Massachusetts and Tennessee are considering bans.

Advocates say the bans haven't led to any escape attempts.
http://www.chron.com/disp/story.mpl/ap/tx/6588662.html

Posted by lois at 10:14 AM | Comments (0)

August 22, 2009

MA: MA: (8-17) Metro-West Article: Two More Women Prisoners Attempt Suicide at Framingham

Two more MCI-Framingham inmates attempt suicide
By Dan McDonald/Daily News staff
The MetroWest Daily News
Posted Aug 17, 2009
FRAMINGHAM —

Two more MCI-Framingham inmates tried to kill themselves this month, bringing the count for attempted suicides inside the Loring Drive prison to six for the year.

These episodes occur at a time when the state Department of Correction struggles with overcrowding and cutbacks in staff and services.

All told, 22 people have tried to kill themselves inside state prisons this year, according to an e-mail from Department of Correction spokeswoman Diane Wiffin.

Of the suicide attempts at Framingham, only one inmate died: Christina Morando, 22, of Swampscott, who was serving a two- to six-year term for accessory to robbery and armed assault with intent to rob or murder.

She hanged herself with a bedsheet on July 19. That same weekend, two other inmates, who were not identified, attempted suicide but lived.

Her death and the suicide attempts prompted a delegation of state lawmakers to visit the prison.

For Framingham, the first suicide attempt this year occurred less than two months before Morando's suicide, on May 30.

The suicide attempts this month occurred Aug. 1 and Aug. 12. Both were unsuccessful, according to the state.

The identities of those who attempted suicide were not revealed. The "primary method" for all of the suicide attempts was strangulation, according to the Department of Correction.

Morando's death marked the first suicide at the Southside prison since December 2006, and the third this year in the prison system.

In 2008, none of the suicide attempts in the Department of Correction were successful.

Within the last year, 84 clinical positions were cut across the state, as the department's budget was slashed by $13 million within the last year.

In Framingham, that meant two mental health positions were eliminated while 2.5 unfilled positions were also eliminated.

While the department's mental health services have been slashed, the demand for such services remains.

In July, state Rep. Kay Khan, D-Newton, estimated that 60 percent of MCI-Framingham's inmates had open mental health cases.

Compounding matters, the prison system is over its capacity.

MCI-Framingham had 597 inmates yesterday. It has a capacity for 452.

Such a statistic is not unusual. The state prison system as a whole was at 146 percent capacity earlier this summer.

The consequences of overcrowding are not lost on Susan Mortimer, a representative of the Statewide Harm Reduction Coalition.

"I see worsening conditions," she said.

She said an environment of total control and punishment often exacerbates people's mental health problems. "You need a culture change, meaning a change in the way the people at the top treat the people inside," she said.

Earlier this decade, a string of suicides - at least 15 from 2005 to 2007 - prompted a public outcry and a state review into suicide prevention practices.

The resulting report, commonly called the Hayes Report, included 29 recommendations that dealt with staff training and housing, among other topics.

The Department of Correction has complied with every recommendation that it could. It is awaiting funding for three of the Hayes proposals, including provisions calling for safer cells designated for suicidal inmates, more of such cells and the creation of a transitional housing unit to help in the "step-down process" following an inmate's discharge from a mental health watch.

(Dan McDonald can be reached at 508-626-4416 or dmcdonal@cnc.com.)
http://www.metrowestdailynews.com/homepage/x1413645333/Two-more-MCI-Framingham-inmates-attempt-suicide
(One question is: How many of the 597 women at Framingham are there because they cannot make bail---that is "pre-trial"-- which creates so-called "over-crowding"?)

Posted by lois at 03:12 PM | Comments (0)

NY Times Editorial: "Protecting Mother and Child" and links to Rebecca Project Info on State by State Shackling Policies

Editorial NY Times
Protecting Mother and Child
Published: August 21, 2009

Obstetricians and other medical professionals have long called for an end to the barbaric and medically risky practice of shackling pregnant prisoners — by their legs, wrists and even around their abdomens — during labor. The Federal Bureau of Prisons ended routine shackling last year and limited the use of restraints to instances in which the women were at clear risk of harming themselves, their infants or others.

Five states and the New York City corrections system have adopted similar policies. Even so, a bill that would end shackling in New York’s state prisons and county jails that sailed through the Legislature seemed in danger of being vetoed because of strong opposition from corrections officials. Aides say that Gov. David Paterson has now decided to sign this important bill.

Critics argued that the legislation was unnecessary, because the state prison system had limited the use of shackling nearly a decade ago. But accounts by present and former inmates suggest that the guidelines have too often been ignored by the officers who transport women to and from the hospital.

The claim that women doubled over in pain and about to give birth pose a serious danger seems especially far-fetched. The Rebecca Project for Human Rights, the Washington-based group that is campaigning to end these policies nationally, says that states with anti-shackling laws report no documented cases of women in labor attempting escape or trying to hurt someone.

Governor Paterson’s staff has problems with a minor provision of the bill that deals with how pregnant women are transported to the hospital. But those issues can be addressed in regulations or in supplementary legislation. What’s important is that New York A version of this article appeared in print on August 22, 2009, on page A16 of the New York edition.
http://www.nytimes.com/2009/08/22/opinion/22sat4.html?ref=opinion

Rebecca Project Fact sheet, memo on state by state shackling procedures:
/www.rebeccaproject.org/images/stories/policypapers/state_shackling_policies_memo.pdf
http://www.rebeccaproject.org/images/stories/factsheets/ShacklingPregnantWomenInCustodyMemorandum.pdf
http://www.rebeccaproject.org/images/stories/factsheets/ACOG_Letter_Shackling.pdf
The BIG question is what the reality and how it plays out as opposed to official policy and does this apply to DOCs and jails or just DOCs?

Posted by lois at 02:39 PM | Comments (0)

August 21, 2009

MI: 400 more women claim payouts fro $100 settlement for prison rapes and other assaults

400 more women claim payouts from $100 million in prison attacks
Aug. 20, 2009
By DAVID EGGERT
Detroit Free Press- Associated Press

Another 400 current or former female inmates filed claims for part of a $100 million settlement for those who were raped, groped and peeked at by male corrections staff.

All told, more than 900 women are seeking money from the state for alleged sexual misconduct that occurred inside prisons between March 1993 and July 2009.

The development was disclosed today as Washtenaw County Circuit Judge Timothy Connors gave final approval to the class-action settlement, despite complaints from some ex-inmates who won at trial and will get less under the settlement. Connors gave preliminary approval of the agreement July 15.

“I didn’t know about the settlement agreement until after it was accepted,” said Wendy Garagiola, 47, of Fowlerville, who said she was raped and sodomized by a guard at a Coldwater prison in the mid-1990s. “We’re being told to settle for half of what the jury awarded us. I don’t think it’s fair at all.”

Garagiola and at least two others out of 18 women who were awarded jury verdicts in 2008 came to the courthouse to raise concerns, but they could not speak to the judge because they missed an Aug. 14 deadline to file written objections.

They said the settlement was good for attorneys but not necessarily victims.

The deadline to file for a piece of the settlement was also Aug. 14.

One woman at the court, who did not want to be named due to the nature of what she said happened to her in prison, said she and 17 other women who put themselves through the “public humiliation” of trial should not have been included in negotiations affecting hundreds of other women.

But Deborah Labelle, lead attorney for the plaintiffs, called the settlement fair, explaining that the jury verdicts were never guaranteed because they were in the appeals system when settlement talks began.

“It’s a good thing to put hopefully this chapter behind,” she said of lawsuits that date as far back as 13 years ago. “A hundred million dollars recognizes the kind of human rights violations that went on by the state. We have equitable relief that will go toward preventing this ever happening again.”

Ten lawyers who worked on the case will get $28.7 million for more than 30,000 hours of work and future work administering the settlement, which will be paid between now and 2015. The remaining $71.3 million will be given to victims in three groups based on the severity and amount of abuse.

The 18 women who won verdicts at two trials will split $15.9 million — less than what they would have received under the verdicts. Including interest, the verdicts totaled more than $50 million, though it is unclear how much would have gone to attorneys.

The plaintiffs’ lawyers will decide who is eligible for the settlement and tell those who qualify their estimated payments. Letters must be mailed by Sept. 4.

Women who disagree with their damages have until Sept. 18 to appeal to a court-appointed claims master, Barbara Levine, executive director of the prisoner advocacy group Citizens Alliance on Prisons and Public Spending. Levine must issue a final decision on those appeals by Oct. 16. If a woman disagrees with Levine’s ruling, she can then appeal to the judge by Oct. 30.

Connors plans to wrap up the case by the end of the year.

He said former and current prisoners should appreciate the “remarkable” effort by their attorneys. He said the settlement is in everyone’s best interest, and he is glad juries “had a chance to speak out and give their view.”
http://www.freep.com/article/20090820/NEWS06/90820084/1318/400-more-women-claim-payouts-from--100-million-in-prison-attacks&template=fullarticle

Posted by lois at 09:51 AM | Comments (0)

August 20, 2009

Hawaii/KY: 128 women from Hawaii now at CCA- Otter Creek will return to HI after guards accused of sexually assaulting 23 women including seven from Hawaii

Female inmates to return to isles
By Kaylee Noborikawa
Aug 19, 2009

The majority of 128 female inmates from Hawaii housed at a private Kentucky correctional facility will return to the islands within a month, Public Safety Director Clayton Frank said yesterday.

Forty Hawaii inmates returned Monday from Otter Creek Correctional Facility, where guards were accused of sexually assaulting 23 women, including seven from Hawaii.

A task force visited Otter Creek on July 5 and found that a 2007 sexual assault case was substantiated, with the guard being terminated and convicted. One case was dismissed, two female inmates denied assault allegations, and three cases are being investigated by Kentucky police, Public Safety Deputy Director Tommy Johnson said.

The Senate Committee on Public Safety and Military Affairs, headed by Sen. Will Espero, interviewed Frank and Johnson at the state Capitol yesterday for an update on the allegations and the possibility of returning the women to Hawaii.

"The biggest concern we have is the cost," Frank said. The cost to house an inmate at Hawaii's Women's Community Correctional Center is $86 per day, or $3.6 million a year, compared with $58.46 a day in Kentucky.

With the transferred inmates, state prisons will be at 97 to 98 percent capacity, while 91 to 92 percent would be ideal, Frank said.

"If there are any more additional intakes ... we would have to be very careful that there is no federal intervention," said Frank, who added that there is enough staff at the women's facility and the federal detention center.

Overcrowding at Hawaii prisons led to federal oversight from 1985 to 1999.

Espero asked whether $500,000 appropriated by the Legislature for GPS electronic monitoring could be used to offset costs, but Frank said the allocated money was part of Gov. Linda Lingle's budget cut.

"I was afraid you'd say that. But that is a cost-saving measure that, in my opinion, has the potential to save the state millions of dollars over years, so, although I understand the governor's decision, I think it's the wrong one," Espero said.

Frank said many of the female inmates want to remain at Otter Creek because of its minimal security and programs. However, Mary Dias, an aunt of the sexually assaulted inmate, said inmates should not be placed in that kind of environment.

"Being raped is not part of their sentence. They're women with children who made bad choices," said Dias, who added that guards have retaliated against her niece for the report.

"Why is she still there if she was substantiated?" Dias said. "She should've been the first to come home."

http://www.starbulletin.com/news/20090819_Female_inmates_to_return_to_isles.html

Link to article about Otter Creek which appeared on 8-17-09:
http://realcostofprisons.org/blog/archives/2009/08/at_the_state_wo.html

Posted by lois at 10:38 AM | Comments (0)

NY: Governor Paterson Promises Women Demonstrating in Front of His Office He Will Sign Anti-Shackling Bill

Governor to Save Jailed Mothers From Shackling During Labor
By Helena Zhu
Epoch Times Staff Aug 18, 2009

NEW YORK—Making a surprise appearance at a protest held outside his mansion, New York Governor David Paterson promised a group of activists on Monday that he would sign legislation banning the chaining of incarcerated women who are giving birth.

One of the legislation’s two sponsoring officials, Assemblyman Nick Perry (D-Brooklyn), started to push the bill in 2001 after reading a news article about a woman ready to give birth who had her legs shackled together. The key to open the cuffs was not found until minutes before birth, said Barbara Dominique, staff of the assemblyman.

“That’s such an unsafe condition to be in while you are giving birth. It’s horrible that New York, out of all of the states, [is allowing this to happen],” said Dominique.

Shackling imprisoned women during labor in hospitals has been going on ever since home birth was replaced by hospital birth in the 1900’s according to Serena Alfieri, associate director of policy of the Correctional Association of New York’s Women in Prison Project.

Up to now, the Federal Bureau of Prisons, the American Correctional Association and four other states—California, Vermont, Illinois and New Mexico—have already adopted policies restricting the use of restraints on women giving birth.

The bill was passed in the New York State Assembly and State Senate in May, and now it is just waiting for the governor to sign.

The dozens of women at a rally outside of Governor Paterson’s office wore handcuffs to show the conditions jailed mothers-to-be go through. For some of them, it was a déjà vu of their own suffering.

Hazel Figueroa from Queens was jailed in Rikers Island for one year in 1998. At that time, she gave birth to her daughter.

“My experience is quite awful. Because living in jail and being pregnant is not … a nice experience,” she said.

She had to wait in the receiving room for hours before doctors arrived. While giving birth, she was chained.

“What woman is thinking to escape when she’s just in pain?”

State Senator Velmanette Montgomery (D-Brooklyn), another sponsor of this legislation, said that no woman—to her best knowledge—has tried to escape while giving birth in New York State.

Montgomery said that the passing of this legislation will eliminate the shackling of incarcerated women during labor altogether, bringing an end to this “tremendous risk.”

Another woman who went through such experience, Tina Reynolds, co-founder and executive director of Women on the Rise Telling Herstory (WORTH), was sentenced to 18 months in New York due to a drug crime 15 years ago.

While giving birth to her son in a hospital, she had one hand and one leg shackled to the stretcher although a female officer was present.

“I experienced the birth of my child. I just couldn’t believe the shackling was happening. And I was giving birth in front of a female officer who I didn’t know … I thought it was the worst, most oppressive, inhumane practice in the world,” said Reynolds.

After birth, the child accompanied her for nine months until she served her sentence. She had to breastfeed him while being chained as well. Before labor, she said that she was not informed what would happen to her baby after it was born.

Women like her could not complain, she said, since if they did, they would not be able to accompany their children in the nursery.

Her experience of giving birth during imprisonment was opposite of when she did it before jailing, which she described as “joyous” and “about the creation of life.”

Erica Knox from Brooklyn was also on Rikers Island, but in 1989. Unlike others, she was not shackled while giving birth, but immediately after. “They left me in a room alone. My water broke. I told them my water broke. They left me there for at least 30 minutes. I kept on telling them that the baby’s coming. So they put a sheet between my leg,” she said.

“As they were pushing me in, the baby was coming out right there. I was really going crazy. I was, I was scared, at first that I was by myself. I’ve never been by myself while having a baby.”

In the midst of recollecting the past, Governor Paterson showed up at the rally, bringing cheers to the crowd. He promised to sign the bill as soon as he receives the bill.

“What the bill is trying to stop was what we think is the inhumane treatment of people who are giving birth, even if they committed a crime, even if they are incarcerated. Because we also want to make sure of the safety of the child, who didn’t commit any crime,” he said.

His speech brought delights the all the advocates who have worked on this for a long time.

“Today is the day that all things change. And I’m just so happy,” said Reynolds.

Last Updated---Aug 19, 2009
photos at http://www.theepochtimes.com/n2/content/view/21196/
This and other news about women organizing can be found at www.realcostofprisons.org/blog/

Posted by lois at 09:30 AM | Comments (0)

August 17, 2009

KY: CCA Otter Creek Women's Prison Plagued by Allegations of Sexual Assaults by Guards--State Does Imposes No Fine and Extends Contract

At the state women's prison "starting pay there is $18.18 an hour for workers with no corrections experience, and $19.17 an hour for those with experience. Starting pay at Otter Creek is $8.25 an hour." 81% of co's are male.

Private prison plagued by problems, reports show
By Stephenie Steitzer • ssteitzer@courier-journal.com •
August 16, 2009
Louisville Courier Journal

FRANKFORT, Ky. — A private women's prison in Eastern Kentucky that has been plagued by allegations of sexual assaults by corrections officers is chronically understaffed, leading to poor employee morale and security concerns, according to a state monitor's reports.

The monthly reports provide a glimpse into life inside the Otter Creek Correctional Center, where at least five workers have been charged with having sex with inmates in the past three years. Kentucky State Police are expected to present another case to a Floyd County grand jury this month.

“The facility continues to experience staff shortage(s), and (officers) have struggled,” state monitor Darrell Neace said in July's report. “Overtime is substantial for the facility and very difficult for staff.”

Despite the recurring problems outlined in the reports, the state has not imposed staffing-level sanctions as allowed under its contract with Corrections Corporation of America, a for-profit, Nashville, Tenn.-based company.

The state can fine the company up to $5,000 a day for violating terms of the contract, which include maintaining certain staffing levels and filling vacant positions within 60 days.

In fact — despite the sexual assault investigation — the state has agreed to extend for 60 days its contract with CCA to house up to 476 inmates at the facility while it negotiates a new two-year agreement. Otter Creek housed 429 Kentucky inmates as of Friday.

In response to questions about staffing at the prison, state Corrections Commissioner LaDonna Thompson noted that staff turnover is an issue at all prisons.

“Corrections is a difficult and stressful profession,” she said an e-mailed statement.

CCA spokesman Steve Owen said it takes recruiting and retaining staff very seriously and noted that turnover costs money. “Anyone who contends that the facility operates with vacancies by design (for cost savings or profit) does not understand sound business practice,” he said in an e-mail.

Reports cite staffing

It is unclear how many workers the prison is required to have. The state has been unable to produce a written staffing-level document, despite a request by The Courier-Journal under the state open records law.

However, in 11 of the last 19 monthly monitoring reports obtained by the newspaper, staffing has been cited as a problem. Of particular concern is the number of people trained to handle emergencies at the prison.

Neace, in a report dated July 8, cited a major concern about inadequate security staffing in June, adding, “OCCC is on 12-hour shifts and (workers) are struggling.”

He wrote that the facility was operating with 168 workers and had 28 vacancies at the end of the month. Five of those positions had been open for more than 60 days, which is a violation of the state's contract with CCA.

Many previous monthly reports do not specify how many positions were vacant, or for how long. Thus, it is impossible for the department to know how severe the staffing problem is at a given time and whether the company is in violation of the contract.

Many reports, however, include vague references to understaffing and low staff morale because of forced double shifts.

“They (officers) are exhausted, and several have expressed their concern to me,” former state monitor Deborah Patrick said in the August 2008 report.

Other prisons pay more

The reports reflect a pattern in which a flurry of hiring is typically followed several months later by a drop in staffing, indicating retention problems. Owen, the CCA spokesman, said many people hired in prisons soon realize it isn't the type of work they want to do.

Department of Corrections spokeswoman Lisa Lamb said recently that her agency has begun sending inspectors to the prison without giving CCA advance notice and has sent two corrections experts there to help the state's on-site monitor.

The state's only other women's prison — the state-run Kentucky Correctional Institution for Women in Shelby County — — is nearly full most of the time.

“Our assessment is that it is more effective to rectify the situation there at Otter Creek than find alternative forms of incarceration for our inmate population housed there,” Lamb said.

She partly blamed problems with attracting and retaining staff on the fact that a federal prison employing roughly 400 people in nearby Inez pays more.

Starting pay there is $18.18 an hour for workers with no corrections experience, and $19.17 an hour for those with experience

Starting pay at Otter Creek is $8.25 an hour.

In addition, the state pays corrections workers at two nearby state-run prisons $2.97 more an hour than Otter Creek employees receive.

The state's contract with CCA for Otter Creek does not specify minimum pay, because, Thompson said, such internal business decisions could affect the company's competitiveness.

Owen said CCA raised starting pay at Otter Creek by 5 percent last year and “we will continue to monitor their situation as we do with all our other facilities.”

Kentucky pays CCA $53.77 a day to house each inmate, a total of more than $8million last year.

Most employees are male

Tommy Johnson, a spokesman for the Hawaii Department of Public Safety, which contracts with Otter Creek to house 175 inmates from that state, said CCA might need to consider paying more to attract and retain workers at Otter Creek, particularly female officers.

He said a recent review found 81 percent of the workers were male, and 19 percent were female.

“The ratio really should be almost the opposite,” he said.

Johnson said his department has asked CCA to hire more women and consider making certain jobs at the prison female-only.

Owen said the company instituted a bonus referral and retention program in June in an effort to hire more female employees.

Neace also noted in his May report that the facility had only 24 staff members trained and certified to respond to incidents such as riots. The contract requires Otter Creek to have 30 workers with that training.

By June, Otter Creek was down to 22 so-called special responders, with no new applicants, according to that month's report. The facility also lacked proper special response equipment, it said. But by last month, Otter Creek had two more special responders than required, Neace said.

Owen said CCA has launched a companywide campaign to get workers at its prisons to undergo special response training.
(4 of 4)

Lamb said special response teams from the privately run Lee Adjustment Center in Beattyville and state-run Eastern Kentucky Correctional Complex in West Liberty could get to Otter Creek quickly if there was an emergency.
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“We do not believe this issue compromises the safety and security of the inmate population housed at Otter Creek,” Lamb said.

But both prisons are roughly two hours from Otter Creek.
Disturbances reported

Incident reports show corrections officers occasionally have to deal with disturbances at the women's facility, although no deaths or serious injuries have been reported as a result.

In 2006, six inmates surrounded a female corrections officer and refused to return to their dorm.

“These inmates were aggressive and made threatening remarks toward the officer,” the report said.

A special response team was dispatched to assist during that incident.

Also that year, special responders had to lock down the prison because inmates were planning to have a sit-down protest when it was time to clear the yard.

The treatment of inmates by corrections officers also has been an issue at the prison in recent months, according to the reports.

Neace said in his June report that “residents being placed in segregation which are not a threat to security, staff, visitors or themselves has been an issue that (the department) has been concerned with.”

He said proper documentation for segregation was missing and that the number of grievances filed by inmates was high, with up to 27 having been filed that month.

In his May report, Neace said inmates “continue to complain about staff cursing, threatening segregation.”

Lamb said “a change in the number of grievances and the inmate morale could be attributed to a change in administration.”

Thompson said in her statement that she couldn't comment on any leadership issues at Otter Creek until the sex abuse investigations are complete.

Warden Jeff Little referred questions to CCA. Owen said staff turnover at Otter Creek has decreased since Little took the helm in March 2008.

However, in 11 of the last 19 monthly monitoring reports obtained by the newspaper, staffing has been cited as a problem. Of particular concern is the number of people trained to handle emergencies at the prison.
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Neace, in a report dated July 8, cited a major concern about inadequate security staffing in June, adding, “OCCC is on 12-hour shifts and (workers) are struggling.”

He wrote that the facility was operating with 168 workers and had 28 vacancies at the end of the month. Five of those positions had been open for more than 60 days, which is a violation of the state's contract with CCA.

Many previous monthly reports do not specify how many positions were vacant, or for how long. Thus, it is impossible for the department to know how severe the staffing problem is at a given time and whether the company is in violation of the contract.

Many reports, however, include vague references to understaffing and low staff morale because of forced double shifts.

“They (officers) are exhausted, and several have expressed their concern to me,” former state monitor Deborah Patrick said in the August 2008 report.
Other prisons pay more

The reports reflect a pattern in which a flurry of hiring is typically followed several months later by a drop in staffing, indicating retention problems. Owen, the CCA spokesman, said many people hired in prisons soon realize it isn't the type of work they want to do.

Department of Corrections spokeswoman Lisa Lamb said recently that her agency has begun sending inspectors to the prison without giving CCA advance notice and has sent two corrections experts there to help the state's on-site monitor.

The state's only other women's prison — the state-run Kentucky Correctional Institution for Women in Shelby County — — is nearly full most of the time.

“Our assessment is that it is more effective to rectify the situation there at Otter Creek than find alternative forms of incarceration for our inmate population housed there,” Lamb said.

She partly blamed problems with attracting and retaining staff on the fact that a federal prison employing roughly 400 people in nearby Inez pays more.
(3 of 4)

Starting pay there is $18.18 an hour for workers with no corrections experience, and $19.17 an hour for those with experience.
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Starting pay at Otter Creek is $8.25 an hour.

In addition, the state pays corrections workers at two nearby state-run prisons $2.97 more an hour than Otter Creek employees receive.

The state's contract with CCA for Otter Creek does not specify minimum pay, because, Thompson said, such internal business decisions could affect the company's competitiveness.

Owen said CCA raised starting pay at Otter Creek by 5 percent last year and “we will continue to monitor their situation as we do with all our other facilities.”

Kentucky pays CCA $53.77 a day to house each inmate, a total of more than $8million last year.
Most employees are male

Tommy Johnson, a spokesman for the Hawaii Department of Public Safety, which contracts with Otter Creek to house 175 inmates from that state, said CCA might need to consider paying more to attract and retain workers at Otter Creek, particularly female officers.

He said a recent review found 81 percent of the workers were male, and 19 percent were female.

“The ratio really should be almost the opposite,” he said.

Johnson said his department has asked CCA to hire more women and consider making certain jobs at the prison female-only.

Owen said the company instituted a bonus referral and retention program in June in an effort to hire more female employees.

Neace also noted in his May report that the facility had only 24 staff members trained and certified to respond to incidents such as riots. The contract requires Otter Creek to have 30 workers with that training.

By June, Otter Creek was down to 22 so-called special responders, with no new applicants, according to that month's report. The facility also lacked proper special response equipment, it said. But by last month, Otter Creek had two more special responders than required, Neace said.

Owen said CCA has launched a companywide campaign to get workers at its prisons to undergo special response training.
(4 of 4)

Lamb said special response teams from the privately run Lee Adjustment Center in Beattyville and state-run Eastern Kentucky Correctional Complex in West Liberty could get to Otter Creek quickly if there was an emergency.
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“We do not believe this issue compromises the safety and security of the inmate population housed at Otter Creek,” Lamb said.

But both prisons are roughly two hours from Otter Creek.
Disturbances reported

Incident reports show corrections officers occasionally have to deal with disturbances at the women's facility, although no deaths or serious injuries have been reported as a result.

In 2006, six inmates surrounded a female corrections officer and refused to return to their dorm.

“These inmates were aggressive and made threatening remarks toward the officer,” the report said.

A special response team was dispatched to assist during that incident.

Also that year, special responders had to lock down the prison because inmates were planning to have a sit-down protest when it was time to clear the yard.

The treatment of inmates by corrections officers also has been an issue at the prison in recent months, according to the reports.

Neace said in his June report that “residents being placed in segregation which are not a threat to security, staff, visitors or themselves has been an issue that (the department) has been concerned with.”

He said proper documentation for segregation was missing and that the number of grievances filed by inmates was high, with up to 27 having been filed that month.

In his May report, Neace said inmates “continue to complain about staff cursing, threatening segregation.”

Lamb said “a change in the number of grievances and the inmate morale could be attributed to a change in administration.”

Thompson said in her statement that she couldn't comment on any leadership issues at Otter Creek until the sex abuse investigations are complete.

Warden Jeff Little referred questions to CCA. Owen said staff turnover at Otter Creek has decreased since Little took the helm in March 2008.

Starting pay there is $18.18 an hour for workers with no corrections experience, and $19.17 an hour for those with experience.
Advertisement

Starting pay at Otter Creek is $8.25 an hour.

In addition, the state pays corrections workers at two nearby state-run prisons $2.97 more an hour than Otter Creek employees receive.

The state's contract with CCA for Otter Creek does not specify minimum pay, because, Thompson said, such internal business decisions could affect the company's competitiveness.

Owen said CCA raised starting pay at Otter Creek by 5 percent last year and “we will continue to monitor their situation as we do with all our other facilities.”

Kentucky pays CCA $53.77 a day to house each inmate, a total of more than $8million last year.
Most employees are male

Tommy Johnson, a spokesman for the Hawaii Department of Public Safety, which contracts with Otter Creek to house 175 inmates from that state, said CCA might need to consider paying more to attract and retain workers at Otter Creek, particularly female officers.

He said a recent review found 81 percent of the workers were male, and 19 percent were female.

“The ratio really should be almost the opposite,” he said.

Johnson said his department has asked CCA to hire more women and consider making certain jobs at the prison female-only.

Owen said the company instituted a bonus referral and retention program in June in an effort to hire more female employees.

Neace also noted in his May report that the facility had only 24 staff members trained and certified to respond to incidents such as riots. The contract requires Otter Creek to have 30 workers with that training.

By June, Otter Creek was down to 22 so-called special responders, with no new applicants, according to that month's report. The facility also lacked proper special response equipment, it said. But by last month, Otter Creek had two more special responders than required, Neace said.

Owen said CCA has launched a companywide campaign to get workers.

Lamb said special response teams from the privately run Lee Adjustment Center in Beattyville and state-run Eastern Kentucky Correctional Complex in West Liberty could get to Otter Creek quickly if there was an emergency.
Advertisement

“We do not believe this issue compromises the safety and security of the inmate population housed at Otter Creek,” Lamb said.

But both prisons are roughly two hours from Otter Creek.
Disturbances reported

Incident reports show corrections officers occasionally have to deal with disturbances at the women's facility, although no deaths or serious injuries have been reported as a result.

In 2006, six inmates surrounded a female corrections officer and refused to return to their dorm.

“These inmates were aggressive and made threatening remarks toward the officer,” the report said.

A special response team was dispatched to assist during that incident.

Also that year, special responders had to lock down the prison because inmates were planning to have a sit-down protest when it was time to clear the yard.

The treatment of inmates by corrections officers also has been an issue at the prison in recent months, according to the reports.

Neace said in his June report that “residents being placed in segregation which are not a threat to security, staff, visitors or themselves has been an issue that (the department) has been concerned with.”

He said proper documentation for segregation was missing and that the number of grievances filed by inmates was high, with up to 27 having been filed that month.

In his May report, Neace said inmates “continue to complain about staff cursing, threatening segregation.”

Lamb said “a change in the number of grievances and the inmate morale could be attributed to a change in administration.”

Thompson said in her statement that she couldn't comment on any leadership issues at Otter Creek until the sex abuse investigations are complete.

Warden Jeff Little referred questions to CCA. Owen said staff turnover at Otter Creek has decreased since Little took the helm in March 2008.

http://www.courier-journal.com/article/20090816/NEWS01/908160338/1008/NEWS01/Private+prison+plagued+by+problems++reports+show

Posted by lois at 10:48 AM | Comments (0)

August 15, 2009

MA: 6 women at Framingham attempt suicide in 4 months. DOC blames cuts in budget.

Female inmate suicide bids top 6
By O’Ryan Johnson
Friday, August 14, 2009
Boston Herald

Two suicide attempts by female prisoners this month at MCI-Framingham brings the total to six attempts at the prison since May, one of which was successful.

Department of Correction officials said one woman tried to kill herself Wednesday, and another on Aug. 1. Both were unsuccessful. Correction officials said there were five attempted suicides: on May 30, July 18, July 19, and the two most recent.

The one successful suicide was July 19.

The apparent surge in suicide attempts comes as prison mental health services were rolled back under Gov. Deval Patrick’s $13 million in cuts from the DOC budget.
http://news.bostonherald.com/news/regional/view.bg?articleid=1190935
-----------------
Clearly six women haven't attempted suicide at Framingham because of $13 million was cut from the entire half a billion DOC budget, a fraction of which went to "mental health programs at Framingham. ---Lois

Posted by lois at 08:44 PM | Comments (0)

July 28, 2009

MA: Lawmakers say it's unlikely mental health cuts a factor in prison suicide of one woman and the attempted suicide of two others

Lawmakers say it's unlikely mental health cuts a factor in prison suicide
By Michael Morton/Daily News staff
The MetroWest Daily News
Posted Jul 28, 2009
FRAMINGHAM —

Area lawmakers who visited MCI-Framingham after an inmate's suicide said yesterday that mental health cuts did not appear to have played a role but that more prison programs are needed to develop useful skills and give hope.

"There is very little opportunity and very little for them to look forward to after get ting out of there," said state Rep. Carolyn Dykema.

Staff and administrators, she said, are doing the best they can with limited resources.

Dykema, D-Holliston, and other legislators commended staff who cut down and saved two other women who attempted to hang themselves on July 19. A third inmate, Christina Morando, 22, of Swampscott could not be revived.

"Clearly the corrections officers there are committed to their jobs and they really did an exceptional job responding to these emergencies," said state Rep. Pam Richardson, D-Framingham.

Following Morando's death, prison reform advocates said budget cuts had left the state's overcrowded prisons with too few mental health clinicians.

In Framingham, two mental health staff and two vacant spots were cut. That left 2 full-time psychiatrists, a part-time psychiatrist and roughly 30 mental health professionals for 593 inmates, at least 60 percent of whom have open mental health cases.

But the legislators said the cuts left core services intact and had not seemed to contribute to the suicide attempts of the three inmates, all of whom had open mental health cases but were deemed fit to live in the general population and not in a special unit.

"There hadn't been any indication from what they could tell that this was in process, so they were surprised," said Newton Rep. Kay Khan, a Democrat who said earlier that suicides sometimes happen despite quality prison care. "From what they told us, they seem to be providing quite a bit of service."

Khan, the head of the Task Force on Women in Prison for the Legislature's female caucus, had been scheduled to join Dykema, Richardson, Rep. Danielle Gregoire, D-Marlborough, and Ellen Story, D-Amherst, for a visit to MCI-Framingham the day after Morando's death.

While Khan agreed to postpone the trip, she invoked the group's legislative right to visit the prison the following Thursday, meeting with a top official from the Executive Office of Public Safety, the Department of Corrections head, the facility superintendent and prison health staff.

While the "more mental health professionals you have, the better," Khan said, the staff seemed to be keeping up with its caseload.

Khan acknowledged, however, that the closing of state hospitals for the mentally ill had led to incarcerations and called for programs to treat substance abuse and mental health problems in other settings, such as Framingham's jail diversion program.

Dykema and Richardson said MCI-Framingham also needs more programs to help inmates develop useful skills, preparing them to return to society and giving them hope for a better life. Like Khan, though, they also noted the state's strained finances.

"As with everything else these days, it boils down to resources," Dykema said.

While money is tight, the legislators commended prison officials for their interest in creating new programs.

After Morando's death, a Department of Correction spokeswoman said the agency had implemented most of the recommendations from a report following an earlier spate of suicides but still needed money to create safer cells for suicidal inmates and transitional spaces for those coming off mental health watches.

Khan said she and her fellow legislators plan to return to the prison this fall for a follow-up.

"We will certainly continue to keep on this," she said. "I think it's something that has to be watched carefully."
http://www.metrowestdailynews.com/news/x1202627432/Lawmakers-say-its-unlikely-mental-health-cuts-a-factor-in-prison-suicide

Posted by lois at 10:54 AM | Comments (0)

July 21, 2009

MA: 22 year old woman commits suicide in Framingham 2 others attempt suicide with her

MetroWest Daily News (MA)
July 21, 2009

Christina Morando, 22, was pronounced dead on July 19, 2009 at 11:32pm at Metrowest Hospital. She had been an inmate at MCI Framingham. Ms. Morando was found with a ligature around her neck in her cell at 10:41pm. An emergency medical response was initiated which resulted in her being transported to Metrowest Hospital in Framingham, where she was pronounced dead. Allegedly the incident resulted with one dead, one effectively brain dead, and one transferred to a mental health facility.

Emergency response procedures were complied with pursuant to department policy, but as in all cases like this, the incident is under investigation. The Middlesex County District Attorney’s office has been notified.

Ms. Morando was sentenced on January 7, 2009 with a sentence effective date of May 28, 2008 to two to six years for accessory before the fact, armed assault with intent to rob/murder. Her parole eligibility date was May 9, 2010.

There were two other suicide attempts this weekend at MCI Framingham,
which resulted in their hospitalizations. Due to medical
confidentiality, we cannot discuss their medical conditions. These
incidents are under investigation.

Posted by lois at 06:57 PM | Comments (0)

Book Review: Beyond Attica: The Untold Story of Women's Resistance Behind Bars

Beyond Attica: The Untold Story of Women's Resistance Behind Bars
By Hans Bennett, AlterNet. Posted July 21, 2009.

As the incarceration rate of U.S. women skyrockets, an important book shines new light on the struggles of women prisoners.

"When I was 15, my friends started going to jail," says Victoria Law, a native New Yorker. "Chinatown's gangs were recruiting in the high schools in Queens and, faced with the choice of stultifying days learning nothing in overcrowded classrooms or easy money, many of my friends had dropped out to join a gang."

"One by one," Law recalls, "they landed in Rikers Island, an entire island in New York City devoted to pretrial detainment for those who can not afford bail."

Law shares this and other recollections in her new book, Resistance Behind Bars: The Struggles of Incarcerated Women (PM Press). At 16, she herself decided to join a gang, but was arrested for the armed robbery that she committed for her initiation into the gang. "Because it was my first arrest -- and probably because 16-year-old Chinese girls who get straight As in school did not seem particularly menacing -- I was eventually let off with probation," she writes.

Before her release from jail, Law was held in the "Tombs" awaiting arraignment. While the adult women she met there had all been arrested for prostitution, she also met three teenagers arrested for unarmed assault. "Two of the girls were black lesbian lovers. In a scenario that would be repeated 13 years later in the case of the New Jersey Four, they had been out with friends when they encountered a cab driver who had tried to grab one of them. Her friends intervened, the cab driver called the police and the girls were arrested for assault." Law notes that "both of my cellmates were subsequently sent to Rikers Island."

These early experiences, coupled with her later discovery of radical politics, pushed Law "to think about who goes to prison and why." She got involved in several projects to support prisoners, which included helping to start Books Through Bars in New York City, sending free books to prisoners. In college, she "began researching current prisoner organizing and resistance," and upon discovering almost zero documentation of resistance from women prisoners, she began her own documentation and directly contacted women prisoners who were resisting. A college paper became a widely distributed pamphlet, and at the request of several women prisoners she'd corresponded with, Law helped to publish their writings in a zine called Tenacious: Art and Writings from Women in Prison. Law writes that the zine and pamphlet "heightened awareness not only about incarcerated women's issues, but also women's actions to challenge and change the injustices they faced on a daily basis."

"This book is the result of seven and a half years of reading, writing, listening, and supporting women in prison," Law says about Resistance Behind Bars, noting that each chapter in her book "focuses on an issue that women themselves have identified as important." The chapters include topics as diverse as health care, the relationship between mothers and daughters, sexual abuse, education, and resistance among women in immigration detention. Resistance Behind Bars paints a picture of women prisoners resisting a deeply flawed prison system, which Law hopes will help to empower both the women held in cages and those on the outside working to support them.

Who Goes To Prison?

Since 1970, the U.S. prison population has skyrocketed, from 300,000 to over 2.3 million. According to the U.S. Justice Department, this staggering increase has not resulted from a rise in crime. In fact, since 1993, the prison population has increased by over one million, but during this same period, both property offenses and serious violent crime have been steadily declining. The New York Times recently cited a 2008 report by the International Center for Prison Studies at King's College London documenting that the U.S. has more prisoners than any other country. Furthermore, with 751 out of 100,000 people, and one out of every 100 adults in prison or jail, the U.S. also has the highest incarceration rate in the world. With only five percent of the world's population, the U.S. has almost a quarter of the world's prisoners.

While women comprise only nine percent of the U.S. prison population, their numbers have been increasing at a faster rate than men. As Law documents, "between 1990 and 2000, the number of women in prison rose 108 percent, from 44,065 to 93,234. (The male prison population grew 77 percent during that same time period.) By the end of 2006, 112,498 women were behind bars."

Like with male incarceration rates, women behind bars are disproportionately low-income and people of color. Law writes that "only 40 percent of all incarcerated women had been employed full-time before incarceration. Of those, most had held low-paying jobs: a study of women under supervision (prison, jail, parole or probation) found that two-thirds had never held a job that paid more than $6.50 per hour. Approximately 37 percent earned less than $600 per month."

A 2007 Bureau of Justice study documented that 358 of every 100,000 Black women, 152 of every 100,000 Latinas, and 94 of every 100,000 white women are incarcerated. Explaining this racial discrepancy, Law argues that inner-city Black and Latino neighborhoods are disproportionately targeted by law enforcement. She cites a 2005 U.S. Department of Justice study which concluded that Blacks and Latinos are "three times as likely as whites to be searched, arrested, threatened or subdued with force when stopped by the police."

The so-called "War on Drugs" has played a key role in the growth of the U.S. prison population. Law writes about the impact of New York State's Rockefeller Drug Laws passed in 1973, "which required a sentence of 15 years to life for anyone convicted of selling two ounces or possessing four ounces of a narcotic, regardless of circumstances or prior history. That year, only 400 women were imprisoned in New York State. As of January 1, 2001, there were 3,133. Over 50 percent had been convicted of a drug offense and 20 percent were convicted solely of possession. Other states passed similar laws, causing the number of women imprisoned nationwide for drug offenses to rise 888 percent from 1986 to 1996."

Distinguishing women prisoners from their male counterparts, Law cites a Bureau of Justice study which "found that women were three times more likely than men to have been physically or sexually abused prior to incarceration."

Women Prisoners Don't Resist?

The central thesis of Resistance Behind Bars is truly profound. In clear, non-academic language, Law argues that recent scholarship documenting and radically criticizing the increased incarceration rates and mistreatment of women prisoners "largely ignores what the women themselves do to change or protest these circumstances, thus reinforcing the belief that incarcerated women do not organize." Alongside academia, Law also harshly criticizes radical prison activists, arguing that "just as the civil rights movement of the 1960s and 1970s downplayed the role of women in favor of highlighting male spokesmen and leaders, the prisoners' rights movement has focused and continues to focus on men to speak for the masses."

Law gives honorable mention to two books that documented women's resistance at Bedford Hills Correctional Facility in New York State: Juanita Diaz-Cotto's Gender, Ethnicity, and the State (1996) and the collectively written Breaking the Walls of Silence: AIDS and Women in a New York State Maximum Security Prison (1998). Since these two books "no other book-length work has focused on incarcerated women's activism and resistance," writes Law. As a result, Law argues that women prisoners "lack a commonly known history of resistance. While male prisoners can draw on the examples of George Jackson, the Attica uprising and other well-publicized cases of prisoner activism, incarcerated women remain unaware of precedents relevant to them."

Epitomizing the scholarship that Law criticizes, author Virginia High Brislin wrote that "women inmates themselves have called very little attention to their situations," and "are hardly ever involved in violent encounters with officials (i.e. riots), nor do they initiate litigation as often as do males in prison."

To challenge Brislin's assertion, Law gives numerous examples of women rioting and initiating litigation, including the "August Rebellion" in 1974 at Bedford Hills Correctional Facility in New York State. On July 2, 1974, prisoner Carol Crooks won a lawsuit against prison authorities, with the court "issuing a preliminary injunction, prohibiting the prison from placing women in segregation without 24-hour notice and a hearing of these charges," writes Law. In response, "five male guards beat Crooks and placed her in segregation. Her fellow prisoners protested by holding seven staff members hostage for two and a half hours. However, 'the August Rebellion' is virtually unknown today despite that fact that male state troopers and (male) guards from men's prisons were called to suppress the uprising, resulting in 25 women being injured and 24 women being transferred to Matteawan Complex for the Criminally Insane without the required commitment hearings."

Law also criticizes author Karlene Faith, who acknowledges that women resist, but who wrote that in the 1970s, women prisoners "were not as politicized as the men [prisoners], and they did not engage in the kinds of protest actions that aroused media attention." To challenge Faith's argument, Law cites several rebellions that received significant media attention, including one that the New York Times wrote two stories about. As Law recounts, "in 1975, women at the North Carolina Correctional Center for Women held a sit-down demonstration to demand better medical care, improved counseling services, and the closing of the prison laundry. When prison guards attempted to end the protest by herding the women into the gymnasium and beating them, the women fought back, using volleyball net poles, chunks of concrete and hoe handles to drive the guards out of the prison. Over 100 guards from other prisons were summoned to quell the rebellion."

In light of the many such stories documented in Resistance Behind Bars, Law argues that "instead of claiming that women in prison did not engage in riots and protest actions that captured media attention, scholars and researchers should examine why these acts of organizing fail to attract the same critical and scholarly attention as that given to similar male actions."

Resisting With Media-Activism

In the chapter "Grievances, Lawsuits, and the Power of the Media," Law observes that "gaining media attention often gains quicker results than filing lawsuits." Among the many organizing victories that were significantly aided by media attention, in 1999, Nightline focused on conditions at California's Valley State Prison for Women. Law explains that "after prisoner after prisoner told Nightline anchor Ted Koppel about being given a pelvic exam as 'part of the treatment' for any ailment, including stomach problems or diabetes, Koppel asked the prison's chief medical officer Dr. Anthony DiDomenico, for an explanation."

DiDomenico was apparently so confident that he would not be held accountable for his misconduct, that he answered Koppel by saying "I've heard inmates tell me they would deliberately like to be examined. It's the only male contact they get." After this interview was aired, DiDomenico was reassigned to a desk job, and as of 2001 he had been criminally indicted, along with a second doctor.

Demonstrating the power of this media coverage, Law notes that the "prisoner advocacy organization Legal Services for Prisoners with Children had been reporting the prisoners' complaints about medical staff's sexual misconduct to the CDC for four years with no result."

Along with agitating for coverage in the mainstream media, women prisoners have also created their own media projects. The chapter titled "Breaking The Silence: Incarcerated Women's Media" documents many important projects. Law explains that these projects are necessary because women prisoners' "voices and stories still remain unheard by both mainstream and activist-oriented media. Articles about both prison conditions and prisoners often portray the male prisoner experience, ignoring the different issues facing women in prison." Therefore, "women's acts of writing -- and publishing -- often serve a dual purpose: they challenge existing stereotypes and distortions of prisoners and prison life, framing and correcting prevailing (mis) perceptions. They also boost women's sense of self-worth and agency in a system designed to not only isolate and alienate its prisoners but also erase all traces of individuality."

Some activist-oriented publications have been receptive and have published prisoners' writings. From 1999 until its final issue in 2002, the radical feminist magazine Sojourner: A Women's Forum featured a section on women prisoner issues which included writings from the prisoners themselves. Law writes that this section, entitled "Inside/Outside" covered many topics, including "working conditions in women's facilities, the dehumanizing treatment of children visiting their mothers, and prisoner suicides.

Law spotlights many different projects. From 2002 to 2006, Perceptions was a monthly newspaper published by and for the women at the Edna Mahan Correctional Facility for Women in New Jersey. Because of censorship from prison warden Charlotte Blackwell, Perceptions was forced to limit its criticism of the prison, but the women published what they could. For example, in one issue, women wrote about how they would run the prison differently if they were in charge. Law notes that "their fantasies revealed the absence of programming for older women and those in the maximum custody unit, emergency counseling and therapeutic interventions and opportunities for mother-child interactions. It also drew attention to the facility's overcrowding and increased potentials for violence and conflict among prisoners."

Tenacious, the zine published by Law, was initiated by women prisoners who sought the help of friends outside the prison to actually publish and distribute it. "Free from the need to seek administrative approval, incarcerated women wrote about the difficulties of parenting from prison, dangerously inadequate health care, sexual assault by prison staff and the scarcity of educational and vocational opportunities, especially in comparison to their male counterparts. Although circulation remained small, the women's stories provoked public response," writes Law.

"Prison officials do whatever they can to strip prisoners of their dignity and self-worth," stated Barrilee Bannister, one of the founders of Tenacious. "Writing is my way to escape the confines of prison and the debilitating ailments of prison life. It's me putting on boxing gloves and stepping into the rink of freedom of speech and opinion."

Arguing For Prison Abolition

When Victoria Law was first introduced to radical politics, shortly after her own stint behind bars, she "discovered groups and literature espousing prison abolition."

"These analyses -- coupled with what I had seen firsthand -- made sense, steering me to work towards the dismantling, rather than the reform, of the prison system." Law's subsequent research has only served to affirm her belief in the need for abolition. She states clearly that "this book should not be mistaken for a call for more humane or 'gender responsive' prisons."

Some readers may view Law's prison abolitionist politics as being abstract or overly theoretical. However, to support her abolitionist viewpoint, she makes the practical argument that prisons simply don't work to reduce crime or increase public safety. She writes that "incarceration has not decreased crime; instead, 'tough on crime' policies have led to the criminalization … of more activities, leading to higher rates of arrest, prosecution and incarceration while shifting money and resources away from other public entities, such as education, housing, health care, drug treatment, and other societal supports. The growing popularity of abolitionist thought can be seen in the expansion of organizations such as Critical Resistance, an organization fighting to end the need for a prison-industrial complex, and the formation of groups working to address issues of crime and victimization without relying on the police or prisons."

Towards the end of Resistance Behind Bars, Law quotes Angela Y. Davis, who is a leading activist intellectual of the prison abolitionist movement. In her recent book Are Prisons Obsolete?, Davis writes that "a major challenge of this movement is to do the work that will create more human, habitable environments for people in prison without bolstering the permanence of the prison system. How, then, do we accomplish this balancing act of passionately attending to the needs of prisoners -- calling for less violent conditions, an end to sexual assault, improved physical and mental health care, greater access to drug programs, better educational work opportunities, unionization of prison labor, more connections with families and communities, shorter or alternative sentencing -- and at the same time call for alternatives to sentencing altogether, no more prison construction, and abolitionist strategies that question the place of the prison in our future?"

As if answering Davis' question, Law concludes that while striving for prison abolition "we need to also reach in, make contact with those who have been isolated by prison walls and societal indifference and listen to those who are speaking out, like many of the women who have shared their stories within this book. Because abolishing prisons will not happen tomorrow, next week or even next year, we need to break through these barriers, communicate, work with and support women who are in resistance today."

http://www.alternet.org/rights/141474/beyond_attica:_the_untold_story_of_women%27s_resistance_behind_bars/?page=4

Posted by lois at 06:52 PM | Comments (0)

Editorial NY Times: Childbirth in Chains

If you haven't called Governor Paterson's office, please do. He still hasn't signed the Bill! You do not need to live in NY. The number is 518-474-8390. Please forward widely.

Editorial- New York Times
Childbirth in Chains
Published: July 20, 2009

The American College of Obstetricians and Gynecologists called several years ago for an end to the barbaric and medically hazardous practice of shackling female prisoners during labor. In addition to further frightening these vulnerable women, the practice of chaining their legs, wrists and even their abdomens makes treatment and delivery more difficult and places mother and child at greater risk of harm.

The Federal Bureau of Prisons must have had these facts in mind last fall when the bureau ended the routine use of restraints for women in labor and limited shackling to cases in which a woman presents a danger to herself, the baby or the staff. Five states have similar policies. New York would become the sixth — if Gov. David Paterson signs an antishackling bill that sailed through the Legislature this spring.

The bill has caused a debate about how many pregnant women are actually shackled in New York. But recent interviews of female inmates by the Correctional Association of New York, a nonprofit group that monitors prison conditions, suggests that the practice may be more common than corrections officials know. In any case, the bill would put an end to it, by establishing clear guidelines that carry the authority of law.

Modeled on federal prison policy and laws in other states, the New York bill would prohibit women from being shackled while being taken to the hospital for a delivery. A woman could be cuffed by one wrist in cases in which she presented a danger to herself, hospital staff or corrections workers. But it seems highly unlikely that a woman doubled over in labor pains would be able to attempt an escape or overcome corrections officers.

Governor Paterson, whose staff members have recently been quibbling with technicalities in the bill, should make it clear whether he thinks the measure needs minor changes or clarifications. Otherwise, he should sign the bill into law and bring New York into line with the federal government and the other states that have wisely acted to protect pregnant inmates and their children during labor.
A version of this article appeared in print on July 21, 2009, on page A20 of the New York edition.

Posted by lois at 02:39 PM | Comments (0)

July 17, 2009

LA: Tallulah: closed male prison re-opens as women's prison run by parish sheriff

DOC moves 75 females to facility in Tallulah
By Matthew Hamilton • July 16, 2009

Tallulah's prison has a new name to go along with its new purpose.

Formerly known as the Steve Hoyle Rehabilitation Center, the prison is now called the Louisiana Transition Center for Women, according to Pam LaBorde, communications director for the Louisiana Department of Corrections.

Last month, DOC announced the facility will house the state's first re-entry program for female offenders.

The prison will offer General Educational Development degrees, skills training and job application resources for female prisoners within one year of their release.

For the next several weeks, LaBorde said the Transition Center itself will be transitioning.

She said all male prisoners have been transferred out, and female prisoners began moving in July 6.

LaBorde estimated the DOC has moved 75 female prisoners into the facility and will continue until the population reaches 550 females, 225 of whom will be involved with the re-entry program.

On July 26, the responsibility for running the prison will fall to the Madison Parish Sheriff's Office.

Previously, the facility housed youth offenders as the privately run Swanson Correctional Center for Youth-Madison Parish Unit. The state later took over the prison, renamed it Steve Hoyle and offered drug and alcohol rehabilitation programs.

In light of the state's budget constraints, DOC originally put the facility up for private bid twice, asking more than $21 million for the property before deciding to use the prison for the female re-entry program.

LaBorde said Steve Hoyle's drug rehabilitation program and many of its participants were transferred to Forcht-Wade Correctional Center in Keithville. To make room for the new prisoners, DOC moved Forcht-Wade's IMPACT program, a boot camp for prisoners, to the Elayn Hunt Correctional Center in St. Gabriel.

LaBorde said future personnel moves will be up to Madison Parish Sheriff Larry Cox. Cox was unavailable for comment Wednesday.

http://www.thenewsstar.com/article/20090716/NEWS01/907150352/-1/NEWSFRONT2/DOC-moves-75-females-to-facility--in-Tallulah

Posted by lois at 11:19 AM | Comments (0)

July 12, 2009

NY Times: About New York: Giving Life, Wearing Shackles and Chains,SEEKING CHANGE A protest in Manhattan over shackling of women in labor.

Congratulations to Tina Reynolds and Stacey Thompson and all of the other women on their excellent organizing work.
Remember to call Gov. Paterson's office to say you want him to sign the bill!
Lois

About New York: Giving Life, Wearing Shackles and Chains
SEEKING CHANGE A protest in Manhattan over shackling of inmates in labor.
excellent picture at the URL at the bottom of this article.
By JIM DWYER-NY Times
Published: Sunday, July 10, 2009

One day last November, the first shudders of childbirth woke Venita Pinckney before dawn. She was well into her ninth month of pregnancy. She was also incarcerated at Bedford Hills Correctional Facility, a state prison.

Before she left for the hospital, Ms. Pinckney said, a corrections officer wrapped a chain twice around her waist and handcuffed her to it. Then he covered the handcuffs with a locked black box to further limit her range of motion. Finally, her ankles were shackled.

“You can’t walk like a normal human being,” said Ms. Pinckney, 37. “When you’re pregnant, you have a hard time keeping your balance to begin with.”

At least once a week, somewhere in one of New York’s prisons or jails, a pregnant women goes into labor. Nearly all of them, including Ms. Pinckney, are behind bars for drug offenses. Even so, they are often as severely restrained in the final hours of pregnancy as the most nimble and dangerous of criminals. While their bodies heave toward childbirth, they become walking, clanking jail cells.

“I told the officer he’s not supposed to shackle me,” Ms. Pinckney said last week. “He said he was just following procedure.”

From just about every wing of state government, there is agreement that such restraints are needless and risky. The state department of corrections formally limited their use nine years ago.

Yet the practice has persisted, a triumph of prison procedure and custom over the safety, comfort and dignity of the pregnant woman and of the child who is about to be born. “You’ve just got to put your legs up to push,” said Erica Knox, 42, who was brought to Elmhurst Hospital Center from Rikers Island when she went into labor. Her legs were not restrained as she delivered her son.

“But right after I pushed him out, the guard shackled me to the bed rail,” Ms. Knox said. “I had to push the placenta out with the shackles on. That was the worst.”

On May 20, both houses of the Legislature — with broad support from Democrats and Republicans — passed a bill that would bar the shackling of women during labor. It would permit the use of handcuffs in “extraordinary circumstances” to protect the woman or others around her. The bill was sponsored in the Senate by Velmanette Montgomery and in the Assembly by N. Nick Perry, both Brooklyn Democrats. It is now being reviewed by the governor’s office, a spokesman for Gov. David A. Paterson said on Friday.

Last week, Ms. Pinckney and other former prisoners stood outside the governor’s office on Third Avenue in Manhattan, chanting for him to sign the bill.

The new legislation would cover not only state prisons, but jails that serve all 62 counties of New York. Those county jails are not subject to the state’s existing policy that discourages the use of shackles and waist chains on women in labor.

Melissa DeFort, 23, who was in Bedford Hills earlier this year for violating parole in a drug case, said it was absurd to think that heavily pregnant women, dressed in prison scrubs, would try to escape. “What am I going to do, open the door of the car and run out?” Ms. DeFort said. “You have on the greens and heavy boots.”

On one hospital visit, she said, she remained shackled in an examining room while a doctor and nurse pleaded with the guards to unlock her. “They were saying, she’s on the fifth floor of a hospital, she’s seven months pregnant, and you guys are standing out there with guns,” Ms. DeFort said. “Finally, the officers radioed Bedford and asked what they should do, and they were told to do what the doctors asked.”

In 2002, Jeanna M. Graves, early in a three-year term on a drug conviction and pregnant with twins while in Bedford Hills , needed an emergency Caesarean section. Ms. Graves said that in the hospital, she was cuffed to the gurney by the corrections officers. The doctors gave her an epidural anesthetic, which blocks sensation in the abdomen and around the pelvis.

“I was cuffed through the entire C-section,” Ms. Graves said.

Tina Reynolds, 50, gave birth 15 years ago while she was serving time at Bedford Hills, shackled, she said, at an arm and a leg. Now the director of Women on the Rise Telling Herstory, an organization of formerly incarcerated women, Ms. Reynolds helped organized the rally last week with the Women in Prison Project of the Correctional Association of New York.

“All children want to find about the day they were born,” Ms. Reynolds said. “You want it to be an expression of love, not of prohibition and trauma and restraint. The child didn’t do anything.”
http://www.nytimes.com/2009/07/12/nyregion/12about.html?_r=1

Posted by lois at 02:13 PM | Comments (0)

July 10, 2009

Once Again, Guilty of Having HIV

Once Again, Guilty of Having HIV
posted 2009-07-09
by Cynthia Fernandez
CHLP Intern

Last week, the Knoxville News Sentinel reported a case of a young woman arrested for prostitution in Knoxville, Tennessee, who faces a three-to-fifteen-year prison term for “aggravated prostitution” solely because she is HIV-positive. While individuals convicted of prostitution in Tennessee who do not have HIV face misdemeanor charges that usually amount to a fine and probation, those living with HIV face a felony charge and an additional three to fifteen years due to their health status. Because the woman is a repeat offender, she will also have to register as a sex offender and will face the same restrictions as child molesters and rapists.

State officials cite public health and safety as the rationale for the aggravated prostitution law, but their efforts are severely misguided. Not only is the law discriminatory, it also has shown no deterrent effect. The woman has been arrested at least eight times for prostitution, and this recent arrest was her third arrest for aggravated prostitution. Furthermore, the law further stigmatizes HIV infection and women who rely on consensual sex in exchange for money to make a living. A more effective way to treat this woman, who dropped out of high school in the ninth grade due to drug addiction and has been a sex worker since age 19, would be to offer her drug rehabilitation and access to medical care and educational services to at least increase the odds that she has alternatives to sex work in order to survive. Instead, in their infinite wisdom, Tennessee legislators and prosecutors, by making her a registered sex offender, have effectively ensured that she will not have access to many residential drug treatment programs available to other addicts because she will not be allowed to live anywhere that houses juveniles. She faces these severe restrictions even though she has no history of committing any kind of sexual assault. Incarcerating and then branding someone like this woman a sex offender will only serve to further marginalize her and prevent her from receiving the care she needs.

Adding insult to injury, Knoxville Police Department Sgt. Chris Baldwin defended the law in the article and expressed concern for the male customers’ “moral and physical well-being.” Why should society place more value on the well-being of the man who solicits sex for money than on the woman who provides it? Baldwin’s statements and selective concern show the ignorance, the sexist double standard, and the misguided policy choices that serve as rationales for criminalizing HIV status. He is quoted as saying, “when a customer is exposed, then everybody he comes into contact with are at risk as well.” Yes, HIV can be transmitted through condomless sex, but this would place at further risk only those who in turn have condomless sex with that person who has become infected. Casual transmission to household members is a scientific impossibility and it is dangerous, if depressingly predictable, that someone in a position of power could be so ill-informed about basic modes of HIV transmission.

The Knoxville News Sentinel article reporting on the case also uses incredibly derogatory language, referring to the woman as a “hooker” and discussing her “turning tricks” for a living. The article also published several mug shots of the woman; for effect, I suppose? Her eyes are glazed over in every shot and if anything, they elicit a feeling of deep sympathy, which I am assuming was not the effect the article’s author intended.

While this law is intended to prevent those with HIV from acting as sex workers, in reality it does nothing to remedy the public health problem. Its enforcement prevents those most in need from receiving services and only exacerbates their marginalization by incarcerating and then branding them sexual predators. The continued prosecution of consensual sex, particularly while looking the other way at the man soliciting the service, is hateful and wrongheaded, and the sensational reporting that accompanies the criminalization of HIV further fuels HIV-related stigma and contributes to the perception that society needs to be protected from those living with HIV.
http://hivlawandpolicy.org/posts/view/43
This and other outrageous but true news about women and mass incarceration can be found at www.realcostofprisons.org/blog/

Posted by lois at 08:16 PM | Comments (0)

Review of The Real Cost of Prisons Comix in Feminist Review

Thursday, July 9, 2009
The Real Cost of Prisons Comix
Edited by Lois Ahrens
PM Press

As activists know all too well, crafting a political message and effectively mobilizing an audience is an elusive task. In The Real Cost Of Prisons, Lois Ahrens and her contributors beautifully stage a difficult dialogue—about mass incarceration, mandatory sentencing, and the “war on drugs”—with comics. Comics are an accessible, popular form of education, and most importantly, addictive, and hence become a subversive way to raise awareness. The Real Cost of Prisons Project has distributed 115,000 comics to the incarcerated, affected families, and social justice organizations free of charge. Comics are just one part of the organization’s mission to end mass incarceration; since Lois Ahrens founded organization in 2000 a coalition of artists, activists, and researchers has produced and distributed educational materials about the costs—material and affective—of the prison industrial complex and it’s devastating impact on family preservation, women’s reproductive rights, rural economies, and much more.

“What does it cost to lock up 2.3 million people each day in the world’s biggest prison system?” ask Ruth Wilson Gilmore and Craig Gilmore in the introduction to The Real Cost Of Prisons. In addition to the staggering economic costs (the U.S. spends $60 billion per year on prisons) that could otherwise be directed at health care, public education, and other social services, the human costs are immeasurable. In the comic “Prisoners of a Hard Life: Women and Their Children,” illustrated by Susan Willmarth, we learn about the cost of incarceration for women and their children:

*One out of every 109 women in American is incarcerated, on parole, or on probation.
*Half of all women in prison are incarcerated more than 100 miles from their families.
*Seven million children have a parent in prison, on probation, or on parole.
*Seventy-nine percent of all women in New York State’s prisons are Black or Hispanic.

The Real Cost Of Prisons documents the vital efforts of the movement to end mass incarceration, and is an exceptional resource for all activists seeking creative ways to build and sustain a political movement.

Review by Jeanne Vaccaro

Posted by lois at 04:14 PM | Comments (0)

July 06, 2009

Giving Birth in Chains: The Shackling of Incarcerated Women During Labor and Delivery

Giving Birth in Chains: The Shackling of Incarcerated Women During Labor and Delivery
By Anna Clark
Created Jul 6 2009 - 7:00am

As birthing choices are increasingly prominent in the public conversation, pregnant women are more and more empowered to decide what sort of care is right for their bodies and their child.

Not so for pregnant women who are incarcerated. Not only are their decisions about care restricted, but many incarcerated pregnant women are physically restricted while giving birth: during labor and delivery, they are shackled.

Consider the case of Shawanna Nelson.

When Nelson was six months pregnant, she was incarcerated in Arkansas for passing bad checks. She went into labor during her short sentence. A correctional officer shackled her legs to opposite sides of the bed that transported her to a delivery room, removing them briefly during a nurse's examination. Nelson was re-shackled immediately after giving birth to her nine-pound son.

"She suffered both mental anguish and injury to her back, intense pain because she couldn't move or adjust her position through her birth process," said Dana Sussman, legal fellow at the Center for Reproductive Rights.

Nelson later had surgery to treat symptoms resulting from the delivery of her son, according to The Arkansas Times. She sued the Arkansas Department of Correction, charging that her treatment violated the Eighth Amendment's protection against cruel and unusual punishment.

After winning her case at district court, Nelson's charges were dismissed on appeal by a judicial panel that said prison officials "couldn't have known the shackling was unconstitutional," said Sussman. Nelson was granted a rehearing before the 8th Circuit Court of Appeals, supported by the American Civil Liberties Union's National Prison Project. Her case was argued in September 2008. A decision is pending.

Perhaps most surprising about Nelson's case is that it's not uncommon. Last month, a former Washington inmate sued the state for shackling during her birthing process and high-risk pregnancy, treatment that included a leg iron and a metal chain across her stomach.
for more go to: http://www.rhrealitycheck.org/blog/2009/07/06/giving-birth-chains-the-shackling-incarcerated-women-during-labor-and-delivery

Posted by lois at 03:21 PM | Comments (0)

June 28, 2009

An invisible woman is laid to rest

An invisible woman is laid to rest
E.J. Montini
Arizona Republic

For most of her adult life, 48-year-old Marcia Powell was invisible. Then she died, and slowly came into view.

If you were required in school to read H.G. Wells' science fiction masterpiece "The Invisible Man" you'll recall that the troubled scientist called Griffin formulated a recipe for invisibility that, we learn tragically, wears off after death.

As it turns out, the same holds true in real life.

The diabolical concoction that lead to Marcia Powell's invisibility was a mixture of mental illness, drugs and ignorance. (Ours, not hers.)

Today, At Shadow Rock United Church of Christ in Phoenix, Powell will be laid to rest. She was a troubled adopted girl when she first ran away from home in California.

She showed early signs of mental illness. But as a young adult with no family – or at least none that wanted any part of her – “treatment” took the form of self medication by way of everything from alcohol to methamphetamine. To pay for it, she became a prostitute.

Mental illness is not a crime. Most of those who suffer from the disease are able to keep it under control and function perfectly well with the help of doctors and prescription drugs.

Powell and many others are not as fortunate.Left on their own they spiral into homelessness, petty crime or worse. After offering oral sex to an undercover police officer in exchange for a few dollars Marcia Powell found herself in what has become one of Arizona's largest de facto mental health facilities – state prison.

It wasn't the first time she was behind bars. Or the second. Or the tenth. Powell had been in and out of jail for decades, all of which went unnoticed by you and me. She and those like her roam our streets, alleys, parking lots and city parks in plain view but unseen, shrouded by their delusions and our indifference.

All of which changed for Powell when she was placed in a cage-like outdoor enclosure at the prison in Perryville and left to cook for four hours. Invisible. Forgotten.

It was only after she fell into a coma and died that any of us learned she had been alive. Even now, as the Department of Corrections investigates what went wrong, it is the manner of her death that concerns us. Not her life.

Ken Heintzelman, pastor at Shadow Rock, told me, “It's unfortunate that it sometimes take a spiritual kick in the pants to make us stop and see what is going on. Maybe through Marcia we can address some of the systematic things that caused this to happen to her. It's more than simply about this one person. It's about what kind of society we want to be.”

The Maricopa County Public Fiduciary's office spent weeks trying to find relatives of Powell. The only family members they found were even less interested in her after death than they had been while she was alive.

So burying Powell fell to some good-hearted local people, including folks at Shadow Rock, at EncantoCommunityChurch, at Hansen's Mortuary and at the fiduciary's office. Most, like Donna Hamm, executive director of Middle Ground Prison Reform, only heard of Powell after she was gone. While helping to plan Powell's funeral Hamm told me, “We believe that Marcia deserves a little dignity, something she didn't get while alive.”

If all goes according to plan, Powell's cremated remains will be placed in a niche at Shadow Rock sometime around dusk on Sunday.

The church is located south of Thunderbird Road on Eighth Avenue. The desert landscape rises up like a wave behind the building, cresting at the edge of an unending sky. It's an open, airy place. No prison cells. No barbed wire. No cages.

(Column for June 28, 2009, Arizona Republic)
Saturday, June 27, 2009 at 11:16 PM
http://www.azcentral.com/members/Blog/EJMontini/56354
This and other outrageous but true stories about women and mass incarceration can be found at www.realcostofprisons.org/blog/
Additional news stories about Marcia Powell's death can be found on the blog.

Posted by lois at 11:04 AM | Comments (0)

June 16, 2009

Bail granted for imprisoned HIV-positive pregnant woman in Maine

Bail granted for imprisoned HIV-positive pregnant woman in Maine

This morning, National Advocates for Pregnant Women and Center for HIV Law and Policy, and Elizabeth Frankel and Valerie Wright of the Maine law firm Verrill Dana, LLP, filed an emergency amicus (friend-of-the-court) brief on behalf of 28 public health experts, advocates, and organizations challenging the imprisonment of an HIV positive pregnant woman in order to protect her “innocent” “unborn child.”

Ms. Quinta Tuleh, a 28 year-old woman from Cameroon, was arrested in January 2009 for allegedly having false immigration documents. Shortly after her arrest, she learned she was both pregnant and HIV positive. On May 14, 2009, instead of sentencing her to “time served,” which was consistent with the federal sentencing guidelines and the recommendations of her attorney and the United States Attorney’s Office, United States District Court Judge John Woodcock extended Ms. T’s sentence to 238 days, making clear that the sentence was calculated specifically to ensure that she remained incarcerated for the duration of her pregnancy. See Judge Jails Pregnant Woman Until Baby is Born and Behind Bars for Being Pregnant and HIV-Positive.

Judge Woodcock stated: “My obligation is to protect the public from further crimes of the defendant, and that public, it seems to me at this point, should include the child she’s carrying…I don’t think the transfer of HIV to an unborn child is a crime technically under the law, but it is as direct and as likely as an ongoing assault.” Judge Woodcock reasoned that the Federal Sentencing Guideline permits enhanced sentencing for pregnant women and that extended imprisonment would protect her “unborn child. ”

As is often the situation in cases involving pregnant women, Courts feel pressed to make decisions without benefit of full briefing, input from experts or amicus participation. Indeed, uncertain of Ms. T’s due date and how long he would need to extend the sentence to ensure she was imprisoned through her due date, the Judge looked out over the courtroom and said “So maybe we ought to consult with the women here. Any sense of what a safe range would be?”

The Amicus brief filed this morning provided the Court with the expert information unavailable at the sentencing hearings. The brief outlines legal problems with depriving pregnant women of their liberty in order to advance alleged state interests in fetal health and the public health problems with assuming that jails and prisons provide superior or even adequate health care. As an expert declaration filed by Dr. Robert L. Cohen stated: “Based upon my thirty years of experience in the delivery, administration, research, evaluation, and monitoring of medical care in jails and prisons throughout the United States, it is my opinion that it is very often the case that the medical care available to prisoners falls well below that available to non-prisoners.”

Ms. T is being represented by Zachary L. Heiden of the Maine ACLU.

NAPW and Center for HIV Law and Policy are grateful to Laura McTighe, Director of Project UNSHACKLE, Community HIV/AIDS Mobilization Project (CHAMP), for her extraordinary help in this effort and the numerous public health experts, advocates, and organizations appearing as amici on this brief, including:

National Women’s Health Network, National Association of People with AIDS, Frannie Peabody Center, Mardge H. Cohen, M.D., Howard Minkoff, M.D., ACT UP Philadelphia, African Services Committee, AIDS Foundation of Chicago, Alliance of AIDS Services – Carolina, American Medical Students Association, Black Women’s Health Imperative, Chicago Women’s AIDS Project, Circle of Care, Community HIV/AIDS Mobilization Project, HIV Law Project, Immigrant Legal Advocacy Project, Liberty Research Group, National AIDS Fund, National Latina Institute for Reproductive Health, Rebecca Project for Human Rights, Twin States Network, Women Organized to Respond to Life-Threatening Disease (WORLD), Women Rising Project, Women Together for Change Project, Jeff Berry, Wendy Chavkin, M.D., MPH, Leslie Gise, M.D., and Sean Strub.

We are pleased to report that the Court granted bail this morning, allowing Ms. T’s release pending appeal in the case.
Posted by Wyndi on June 15, 2009 01:54 PM

and

Dear Friends and Allies:

NAPW is pleased to announce that yesterday morning a federal District Court judge, responding to a motion for bail and our emergency amicus brief, released Quinta Tuleh, a 28 year-old pregnant woman, from federal custody.

Ms. Tuleh, a woman from Cameroon, had already served 114 days in jail for allegedly having false immigration documents. Shortly after her arrest, she learned she was both pregnant and HIV positive. On May 14, 2009, instead of releasing her, a US District Court Judge extended Ms. Tuleh's sentence to ensure that she remain incarcerated for the duration of her pregnancy. (Judge Jails Pregnant Woman Until Baby is Born and Behind Bars for Being Pregnant and HIV-Positive.)

At the sentencing hearing, Judge Woodcock stated: "My obligation is to protect the public from further crimes of the defendant, and that public, it seems to me at this point, should include the child she's carrying...I don't think the transfer of HIV to an unborn child is a crime technically under the law, but it is as direct and as likely as an ongoing assault."

As is often the situation in cases involving pregnant women, Courts make decisions without the benefit of full briefing or input from experts. Indeed, uncertain of Ms. Tuleh's due date and how long he would need to extend the sentence to ensure she was imprisoned through her due date, the Judge looked out over the courtroom and said "So maybe we ought to consult with the women here. Any sense of what a safe range would be?"

Yesterday morning, National Advocates for Pregnant Women, the Center for HIV Law and Policy and attorneys Elizabeth Frankel and Valerie Wright of the Maine firm Verrill Dana, LLP filed an emergency amicus (friend-of-the-court) brief on behalf of 28 public health experts, advocates, and organizations, as well as a declaration from prison health expert Dr. Robert L. Cohen. The brief and expert testimony provided legal and public health information challenging the incarceration of a pregnant woman in order to protect an "innocent" "unborn child."

The judge called the brief "articulate and helpful" during yesterday's hearing where he released Ms. Tuleh on bail pending an appeal of her sentence to the First Circuit Court of Appeals. Ms. Tuleh will now be receiving medical, housing, and other support coordinated by the Frannie Peabody Center, a Portland, Maine community-based HIV resource center. Ms. Tuleh has expressed that she is deeply touched by all of the support she has received. The picture of her yesterday, smiling from ear to ear speaks volumes.

Ms. Tuleh is being represented on her appeal by Zachary L. Heiden of the Maine ACLU.

NAPW and Center for HIV Law and Policy are grateful to Laura McTighe, Director of Project UNSHACKLE, Community HIV/AIDS Mobilization Project (CHAMP), for her extraordinary help in this effort.

Your continued support of NAPW makes this kind of effective, cross issue collaboration possible. Please contribute what you can to NAPW so that we can continue our collaborative and successful advocacy on behalf of all pregnant women.
Yours Truly,
Lynn M. Paltrow
Executive Director
National Advocates for Pregnant Women
www.advocatesforpregnantwomen.org

Posted by lois at 07:25 PM | Comments (0)

June 12, 2009

CO: CO: Woman Prisoner Awarded $1.35 Million After Repeated Sexual Assaults by Guard

National Briefing | Rockies
Colorado: Inmate Awarded $1.35. Million

By DAN FROSCH
Published: June 11, 2009
NY Times

A female inmate who was raped by a sergeant at the Denver Women’s Correctional Facility was awarded more than $1.35 million by a federal judge on Wednesday in a civil lawsuit she had brought. The judge, David M. Ebel of the United States Court of Appeals for the 10th Circuit, wrote that he set the damages high to try to discourage other guards from sexually assaulting inmates in Colorado prisons. The inmate in the case said she had been repeatedly sexually assaulted by the corrections sergeant, LeShawn Terrell, beginning in 2006, but had been too terrified to report the assaults. The ruling was sharply critical of the Denver District Attorney’s Office for allowing Mr. Terrell to plead guilty to a misdemeanor charge of unlawful sexual contact, for which he received a 60-day jail sentence and five years’ probation.
http://www.nytimes.com/2009/06/12/us/12brfs-INMATEAWARDE_BRF.html?scp=2&sq=Colorado&st=cse

Posted by lois at 01:30 PM | Comments (0)

June 09, 2009

AZ: Imgine the fury if Marcia Powell had died in Arpaio's jail

Imagine fury if inmate had died while on Arpaio's watch

by E. J. Montini - Jun. 9, 2009
The Arizona Republic

The gruesome passing of inmate Marcia Powell a few weeks back has proved that in Arizona it doesn't matter how a convict dies, only where.

Powell would have been national and international news if she had died in one of Sheriff Joe Arpaio's much discussed jails.

But she didn't. She was in a state prison.

If the chain-link fence enclosure into which Powell was placed and left in the hot sun for four hours had been in Tent City instead of the Perryville prison complex, Amnesty International would have contacted the U.S. State Department about the worse-than-Guantanamo conditions. But there was no great protest.

If a mentally ill person like Powell had been subjected to the same treatment in Arpaio's jail as she had been in prison, I have no doubt that the American Civil Liberties Union, and who knows what other human-rights organizations, would have been up in arms, raising a stink among politicians on every level.

But Powell died in a state prison, and there was no political uproar.

Imagine the amount of media attention Powell's death would have received if the decision to unplug her from life support had been made by Sheriff Arpaio rather than by Department of Corrections Director Charles Ryan.

Imagine the level of indignation that would have arisen if it was learned later that Arpaio had decided to pull the plug without notifying Powell's legal guardian at the Maricopa County Public Fiduciary's Office.

Instead, it was Ryan who said that his department had exhausted all the leads that it had concerning Powell's next of kin.

However, the fiduciary has been Powell's guardian since 2008. Not only that, but last week the fiduciary's attorney reported in court that several of Powell's estranged relatives had been located and others might yet be found.

Imagine if it had been Arpaio who had cut off life support on such an inmate only to discover that there might be family connections out there.

But it was not Arpaio who did these things. It was the DOC, and so news coverage has been limited mostly to a few articles and online reports in The Arizona Republic and the weekly Phoenix New Times.

Imagine, finally, the level of public outrage that would have been raised if Powell had died in one of Arpaio's jails and Arpaio announced that his department, rather than an outside agency, would conduct the criminal investigation into what happened.

I doubt that there would be enough paper available to print the onslaught of angry letters or enough computer space to contain the barrage of missives over the Internet.

But in this case it was the DOC announcing that it would investigate itself (with a recent promise to allow the Department of Public Safety to look over its findings) and there was no reaction.

Instead, from the moment Powell's death became public I've received comments from readers who say they aren't sympathetic to her plight because she made poor choices in life.

Yet here we are, choosing to make less of Powell's death, not just because of who she was but because of where she died.

More than anything, Powell's death demonstrates that celebrity trumps circumstance. Without a name like Arpaio's to serve as a lightning rod there is no public interest in her case.

Marcia Powell was 48 years old. Her mental disorders stretch back for decades. She was a prostitute and drug addict who wound up behind bars because prison has become the place we lock up some of the mentally ill.

That's her excuse. What's ours?
http://www.azcentral.com/arizonarepublic/local/articles/2009/06/08/20090608Montini0609.html
More articles about Marcia Powell's death can be found at www.realcostofprisons.org/blog/

Posted by lois at 07:00 PM | Comments (0)

June 01, 2009

AZ: Acting Director of AZ DOC attends Marcia Powell's Memorial Service---organizing continues

Charles Ryan Attends Marcia Powell's Memorial Service, Says He Didn't Know Powell Had Guardian
By Stephen Lemons in Feathered Bastard
Saturday, May. 30 2009 @ 3:05PM

About 200 people packed the pews at Encanto Community Church today at noon for a memorial service for Marcia Powell, the 48-year-old inmate at Goodyear's Perryville Prison who died early the morning of May 20. This was following her confinement the day before in an outdoor cage where she endured temperatures of more than 107 degrees for at least four hours before collapsing.

The service was presided over by Rev. Liana Rowe, and featured prayers, hymns, and speakers such as criminal defense advocate Jameson Johnson and Middle Ground Prison Reform's Donna Hamm. Powell's body is still being held by the Medical Examiner pending an investigation into next of kin by Powell's court-appointed guardian, the Maricopa County Public Fiduciary. Instead of a casket, there were two photos of Powell on the dais next to a tall lit candle.

The most notable attendee was Arizona Department of Corrections' Interim Director Charles Ryan, whom I questioned outside the church following the service. It's Ryan who made the decision to discontinue Powell's life support after she had been transported to West Valley Hospital.

Friday, the ADC announced that the use of outside enclosures like the one Powell was caged in would be suspended until they were retrofitted with shade and a water supply. Ryan went even further today when asked about the possibility of doing away with the cages altogether.

"After conferring [yesterday] with the Governor's office and the Governor," said Ryan. "We have decided we are going to discontinue using the holding enclosures, in spite of consideration for retrofitting with shade or water. We will no longer use them."

Ryan said Powell was being transferred to an observation cell when she was left in the outside cage. In the future, Ryan said such transfers will be taken to a holding area inside a building that's climate controlled, so that the weather is no longer an issue.

Regarding Ryan's decision to pull the plug on Powell while she was at West Valley Hospital on life support, Ryan said he did so on the advice of Powell's doctors, who told him it would be inhumane to do otherwise. He also indicated that at the time he made the decision, he was unaware that Powell had a guardian.

"The search of the records at the department, at the institution file, and the electronic record did not reveal any guardians," claimed Ryan. "There was no legal guardian known to the department at the time the decision was made.

"The only person who was listed was a friend, and the attempt to find the friend led to a disconnected telephone number and to an address that was not occupied."

But why pull the plug on Powell just hours after she had been admitted, when another day or so and a little more digging might have revealed the fiduciary's guardianship?

"The attending physician in the emergency room," explained Ryan, "in consultation with the department's doctors, clearly indicated that there was no possibility that life could be sustained, that she was terminal. And the doctor reiterated several times it was inhumane to continue to sustain her life on life support."

During the services for Powell, Donna Hamm restated her call for an independent investigation into Powell's death, and said she was calling on the U.S. Justice Department to look into it. However, Ryan said he retained confidence in ADC's criminal investigations unit to look into the matter, though that unit ultimately reports to him.

"There has been an autopsy completed," said Ryan. "The results of the toxicology report will not be known, I think, for about six weeks...The investigation itself...will be completed before then. It is my intention once that...portion of the investigation is completed, I intend to have it reviewed for completeness and objectivity by another agency, and very likely that would be or start with the Department of Public Safety."

I also asked Ryan why the department switched out photos of Powell on its Web site, to leave a more flattering image of Powell online. He said the reason was to show "another picture of her" while she was incarcerated. That's a no-brainer of course. Why the department felt the need to show another photo of Powell is a question Ryan successfully tiptoed around.

In addition, Ryan conceded that he was the "Interim Director" of ADC, not its confirmed "Director," as he's mentioned as being on the ADC Web site. He ascribed the mislabeling to an "oversight."

I have to give Ryan points for attending the service to begin with and for allowing me to interview him. However, I still find troubling his statement that there was no record of Powell's guardianship in the ADC's files. I was able to obtain a record of Powell's guardianship simply by consulting the clerk of superior court's records.

Also, I think that if Powell had been kept alive a little longer, it would not have taken much digging to find paperwork related to the guardian's appointment. Indeed, at one point in the court record, the court is officially advised by Powell's guardian that she has a new address; i.e., Perryville Prison. Isn't the ADC supposed to have access to all such court records related to an inmate?

Presumably, it is the guardian that had the legal authority to pull Powell's plug (assuming next of kin could not be located), not Ryan. And Ryan's department should have known there was a guardian. How ADC didn't know, when a review of the clerk of court's records reveals the existence of a guardianship for Powell, requires some explanation.

More on the service itself in next week's Bird column. I will say this, as sad as Powell's death was, I find it heartening that many in Phoenix do care about the demise of this woman, one of society's forgotten. And if that concern persists, perhaps a repeat of this incident will be less likely in the future.
http://blogs.phoenixnewtimes.com/bastard/2009/05/charles_ryan_attends_marcia_po.php.

From an anonymous blog post...
AddThis
Inmate killed in punishment cage in 103-107 F No Shade
Perryville Womens Unit; Goodyear, AZ
This inmate Marcia Powell ADC # 109416 who was a having problems with her paranoid schizophrenia on May 19, 2009 was being punished by the Deputy Warden; for not going to work. Was put in a cage with a cement slab, no shade; in 103-107 Degree heat. This prison has had many problems with women dying. They have had media out there and has told the media they do not use the cage that has been seen. But, the local media does not report their news correctly in Phoenix, AZ. And they apparently did not know about the 2nd CAGE. It is out of public view. The families of these women in this prison will not speak out. They are afraid for their family memebers in there. And if they speak out then they are stop for 90 days. And if they appeal the decision then they are punished for another 90 days. And if you keep trying then you can be stopped altogeather. Now our Government and President are hollering about GITMO PRISONERS being treated bad. Would they allow the GITMO PRISONERS to be treated like that. Sitting in the sun for 4 hours to end up DEAD. Because, that is what happened to this woman. And she was a mother of 2 children. But, you don't hear about this in the NATIONAL NEWS OR IN CONGRESS. And the former Governor of Arizona Janet Polatano; she knew how the inmates get treated in Arizona. She did not want to do anything to hurt her politico career. Ms. Polatano is only looking out for herself and her politico ambissions.
http://www.congress.org/congressorg/issues/alert/?alertid=13409481&content_dir=ua_congressorg

Posted by lois at 05:18 PM | Comments (0)

May 21, 2009

AZ: Women serving a 27 month sentence for prostitution dies in holding cell after four hours in 103 degree heat.

Tragic cage death ends woeful life
May. 24, 2009 12:00 AM
The Arizona Republic

Marcia J. Powell, a mentally ill prostitute and drug addict, died like a dog last week, roasting in a cage in the fearsome sun at the state prison at Perryville.

She was 48 years old.

Her final tortured hours in an outdoor enclosure last Tuesday mimicked those of a five-year-old law-enforcement canine named Rik that died at Perryville in 2007 after having been left by handlers in an exercise run for three hours. Temperatures that day reached 105.

The temperature in Powell's cage last week exceeded 107. She was locked up for an hour longer than the dog before she collapsed.

There are many questions to be answered by the Department of Corrections about Powell's final hours. But her death is only the gruesome exclamation point on a long list of institutional failures that got her there.

DOC officials say that Powell had a rap sheet going back decades and included at least 10 sex and six drug convictions. She'd been in and out of Arizona prisons since 1994.

Records indicate that she left home in California at 15 with a ninth-grade education, no marketable skills and a serious mental illness. A presentencing report describes her as bipolar.

Last summer, she was sent to prison for more than two years on a prostitution charge.

"It's awful the way this woman died," said Donna Leone Hamm, executive director of Middle Ground Prison Reform Inc., which for years has advocated for Arizona inmates and their families. "No one cared much about her when she lived. I hope at least that we care about the way she died."

DOC is investigating the incident. Several employees already are on administrative leave.

After Powell collapsed, she was taken to the hospital and placed on life support. A DOC spokesman told me that the department was unable to locate any family members.

So when the time came to decide whether to pull the plug on the machines keeping her alive, it fell to prisons Director Charles Ryan. Powell was taken off life support at 11:15 p.m. Tuesday; she died at 12:42 a.m. Wednesday.

"The death of Marcia Powell is a tragedy and a failure," Ryan said later. "The investigation will determine whether there was negligence and tell us how to remedy our failures."

I'm not so sure.

For one thing, DOC should not be conducting the investigation. It should fall to an outside agency. The governor should demand it.

According to Hamm, she contacted then-prisons Director Dora Schriro in late 2007 about the practice of placing prisoners in outdoor cages.

"Because no one had died or had been permanently injured, I couldn't get anyone - including the press - interested," Hamm said.

Questions like that are only a beginning.

Powell's horrific death and her woeful life should finally get us to ask why Arizona's failed mental-health system transforms county jails and prisons into mental-health institutions.

It should get us to ask why we criminalize people like this but don't adequately treat them, since it's clear that taxpayers end up footing the bill for their care one way or another.

Powell told state officials that she had two children who were given up to foster care, but DOC says the state has no record of that. Police also checked the address of a name she'd listed as a friend on prison records but found no one living in the abandoned house.

In spite of spending years in the system, Powell's life remains a mystery. Her death is a tragedy, although perhaps not on the level of Rik the law-enforcement dog.

There was a public outpouring for him.

http://www.azcentral.com/arizonarepublic/local/articles/2009/05/23/20090523Montini0524.html

Ariz. inmate dies after hours in outdoor cell
By JONATHAN J. COOPER-5-22-09

PHOENIX (AP) — An Arizona inmate who died after spending nearly four hours in the desert heat was left in an outdoor holding cell for twice as long as she should have been, the state prisons director said Wednesday.

Three corrections officers have been put on paid leave while the state investigates Wednesday's heat-related death of Marcia Powell, who was left in her unshaded cell in 103-degree heat at a prison in Goodyear.

"The death of Marcia Powell is a tragedy and a failure," prisons director Charles Ryan said. "The investigation will determine whether there was negligence and will tell us how to remedy our failures."

Powell, who was serving a 27-month sentence for prostitution, was placed alone in the cell while being moved to an onsite detention unit. Ryan said officers placed Powell in the cell after a disturbance at the detention unit, but he would not elaborate on the nature of the disturbance.

Officers gave Powell, 48, bottled water, as required under prison policy, Ryan said. Corrections officers were 20 yards away in a control room while she was in the cell. Investigators will try to determine how much water she was given and whether she drank it.

Officers did not remove her after two hours as they should have done under department policy, Ryan said at a news conference.

"It is intended to be temporary," he said. "It is not intended to be a place where they are held for an inordinate amount of time."

The criminal probe, conducted by the Corrections Department's investigations unit, will seek to determine whether officials were negligent in their treatment of Powell, who collapsed at 2:40 p.m. Tuesday and died later at a hospital.

Ryan said he hopes to release a report into Powell's death by late next week. The Maricopa County Attorney's office will then decide whether to charge the corrections officers involved.

Ryan would not release the names or disciplinary records of the deputy warden, captain and lieutenant placed on paid leave.

He said he told all state prison wardens to monitor the temperatures at outdoor holding cells while they are housing inmates.

Powell is the 79th person to die in state prisons since July 2008, according to Ryan. He said most of the deaths were from natural causes, but there were three suicides and one murder.

Corrections officials were unable to locate family members for Powell.

Copyright © 2009 The Associated Press. All rights reserved.

Posted by lois at 12:39 PM | Comments (0)

May 17, 2009

UK: Our prisons are failing women Using punitive male models of imprisonment for vulnerable women results in tragedy – and does nothing to tackle crime

Our prisons are failing women
Using punitive male models of imprisonment for vulnerable women results in tragedy – and does nothing to tackle crime
o Frances Crook
o guardian.co.uk, Wednesday 13 May 2009

In pay, pensions, politics and promotion, the gender gap is a disgrace. But in justice, women face a national scandal. A report published today by the Fawcett Society reveals a justice system that is "institutionally sexist". This is of no surprise to organisations such as the Howard League, which have long campaigned against the hopeless situation of women rotting in our prisons.

Today, as we sit outraged in our armchairs, 4,274 women and girls languish in our jails. These are not the dangerous criminals one might imagine, but often sad victims of circumstance and violence – often at the hands of men. More than half have been victims of domestic violence, a third have experienced sexual abuse, and 25% have been in care as children. Two-thirds of women in prison have dependent children under 18; of these, just one in 20 remain in their own home once their mother has been sentenced.

A sharp increase in the severity of sentencing has seen this number soar by 60% in a decade. Two-thirds of women are in for less than six months: these are damaged people in jail for petty offences. Women and children with mental health problems and addictions are then warehoused temporarily in our flooded and failing jails. Rotting in the security-driven prisons, which follow the rules designed for high security men's prisons, simply serves to exacerbate problems and will most likely lead to more serious and frequent reoffending on release. The idea that public protection is served by this vicious circle is not one many victims of crime would recognise.

The appalling consequences are all too stark. Forty-three women have taken their own lives in prisons in the last five years, with two more added to the toll so far in 2009. Already this year we have seen the tragic suicide of Alison Colk, a young woman who had just entered Styal prison on a petty 28-day sentence for theft. She was found suspended from a ligature on her first night in the prison, which is notorious for violence and self-injury. More than half of the thousands of acts of self-injury which take place every year in our jails are committed by women and girls. This is despite the fact that they comprise just 5% of the prison population.

The Howard League for Penal Reform has succeeded in forcing the government to hold a public inquiry into the treatment of "Susan", who was jailed after an extraordinarily traumatic and abusive childhood. Repeatedly abandoned by a mother who tried to kill her, she was transferred to an adult prison on her 17th birthday. In prison she spent several months in solitary confinement, eating meals on her own and taking her only exercise in a metal cage. Susan made repeated attempts on her own life and was hospitalised with deep lacerations to her wrists and arms, on one occasion losing six pints of blood.

This is the first time a public inquiry concerning the principle of the "right to life" will hear from the person at the heart of the proceedings, as previous inquiries have concerned deaths (Stephen Lawrence and Victoria Climbié, for example). The inquiry will expose the fact that prisons are a totally inadequate response to women and girls who offend, particularly those who have mental health problems and who injure themselves because of their misery and distress. We hope it will lead to significant changes. When the gender equality duty came into force, it was hoped that systems, structures and organisations would adjust practice and tailor it to the specific needs of women. Nowhere is the failure to do so more apparent than in the area of the penal system. Instead, their treatment at the hands of criminal justice agencies is increasingly punitive, following male models of imprisonment as punishment, regardless of the offence, background, vulnerability or family circumstances of the woman involved.

These vulnerable women, damaged at the hands of men through violence, sexual abuse, neglect, or trafficking, are victims themselves. The revolving door at the prison gates is an appalling and hopeless cycle – and the taxpayer funds each pointless prison place to the tune of over £40,000 a year for each female we incarcerate. Tragically, the dire consequences leave blood on the male-dominated government's hands.

http://www.guardian.co.uk/commentisfree/2009/may/13/prisons-women-human-rights

Posted by lois at 10:51 PM | Comments (0)

May 14, 2009

Radio interview with Tina Reynolds of WORTH and Chandra Villanueva of Women's Prison Assoc. on WPA report on prison nusuries

Chandra Villanueva, the author of the Women’s Prison Association (WPA) talks about a new report on prison nursery programs and Tina Reynolds, founder of Women on the Rise Telling HerStory (WORTH), who spoke about her thoughts on the report and her personal experience with having a child while incarcerated. A link to the Report: "Mothers, Infants and Imprisonment" is below.
http://livesinfocus.org/prison/2009/05/13/listen-live-prison-nursery-report/

Link to the paper:
http://www.wpaonline.org/pdf/Mothers%20Infants%20and%20Imprisonment%202009.pdf

Posted by lois at 09:37 AM | Comments (0)

May 11, 2009

MI: Robert Scott Women's Prison to Close

Women's prison to close Sunday to save state money

BY CECIL ANGEL • FREE PRESS STAFF WRITER • May 10, 2009

The Robert Scott Correctional Facility, a women's prison in Northville Township, is to close May 17 as part of the state's cost-savings measures, meaning dozens of jobs will leave the township.

But the closure also could mean a boost in property taxes for the township after the land is sold and owned privately.

Township officials say they would like to be included in meetings about the future of the prison, which will be turned over to the real estate division of the state Office of Management and Budget.

For now, the township collects only $10,000 annually from the state in lieu of taxes to provide fire protection for the prison and the 1-square-mile Maybury Park, the other state-owned property in the township, Northville Township Manager Chip Snider said.

The 35-acre prison property is well-placed near freeways. The township's appraiser said that if the area was zoned commercial, real estate could go for about $150,000 an acre, and if it is zoned residential, it would be priced at $50,000 an acre.

By the end of the month, the facility will be mothballed and the last of the staff reassigned to other prisons, said Russ Marlan, spokesman for the Department of Corrections. The 880 inmates are being moved to the former Huron Valley Complex-Men in Ypsilanti, and will be out of the facility by May 17.

"It's on schedule," Marlan said.

Snider said he expects calls from people interested in buying the property, which is in the Beck Road and 5 Mile area.

The former 414-acre Northville Regional Psychiatric Hospital closed in July 2003 and was sold for $31.5 million to Real Estate Interests Group Inc. Northville in 2005. The township is in talks to buy 332 acres.

Township officials have no specific zoning plans for the prison site but Snider says it's likely that it will be zoned commercial.
http://www.freep.com/article/20090510/NEWS02/905100536/1004/NEWS02/Women+s+prison+to+close+Sunday+to+save+state+money+

Posted by lois at 11:10 PM | Comments (0)

May 07, 2009

Mothers in Crisis Turn to Temporary ‘Parents’

Mothers in Crisis Turn to Temporary ‘Parents’

By ERIK ECKHOLM
Published: May 6, 2009- NY Times

INDIANAPOLIS — After resolving to leave her longtime but violent partner in March, Janai Parahams, 25 and jobless, wanted to make a fresh start. But she felt trapped: she was tending four small children with no family support or child care. She could scarcely leave her house, let alone find a job and a new place to live.

Safe Families, a nonprofit group, allowed Janai Parahams to leave a violent domestic situation without having to worry about what would happen to her children.

“I needed stability so I wouldn’t go back into an abusive relationship,” she said of those first days of confusion and fear.

A social worker told Ms. Parahams about a nonprofit group, Safe Families for Children, that places the children of parents in crisis with volunteer families, on a temporary basis — from a day to a year or more. Ms. Parahams could approve the caretakers, see her children whenever she wanted and get them back with no courts involved.

This unusual offer of extended respite to overwhelmed parents is part of a broader national trend in child welfare to keep many cases out of the courts and foster care systems. State agencies traditionally had a stark choice between breaking up families in turmoil or leaving children in potentially risky homes. Now many are doing more preventive work to forestall abuse and neglect.

Illinois, Minnesota, Missouri and Ohio are among the states redesigning official programs to identify families at risk and offer counseling or parenting classes. Other states are making intensive efforts to help families in more serious trouble stay together, placing a social worker in the home for weeks at a time to assess and advise parents, refer them to needed therapies and secure help with day care, housing and even emergency cash.

The group that Ms. Parahams turned to, Safe Families for Children, takes a different approach, finding mentoring families to take children temporarily, without the formalities and potential legal battles of foster care.

“It’s consistent with the whole movement in child-welfare agencies to find a broader range of responses for families in need,” said Mark Courtney, a family expert at the University of Washington.

Safe Families, which was founded in Chicago about five years ago, says that requests for help have accelerated this year along with the rise in unemployment and foreclosures.

Not all child welfare experts agree that removing children, even temporarily, is a good idea if there is no imminent risk.

Started by David Anderson, a child psychologist who heads a Christian service agency, Safe Families draws mainly on churches to find families who will take in children, with no compensation or expectation of adoption.

The approach has recently spread to Atlanta; Chattanooga, Tenn.; Davenport, Iowa; Los Angeles; Milwaukee; and Rockford, Ill.; with the blessing of state welfare officials.

“Where parents recognize issues they need to address and ask for support before abuse or neglect takes place, it’s a great thing,” said Erwin McEwen, Illinois director of child and family services.

In the Chicago area, Safe Families has placed more than 1,200 children, helping out single mothers who are suddenly homeless, fleeing domestic violence or, in one case, seeking a home for a baby born in prison while the mother served out her term.

Richard Wexler, director of the National Coalition for Child Protection Reform, criticized the removal of children from homes with no evidence of abuse. “Volunteers could bring the respite to the mom’s home by baby-sitting or mentoring there, instead of taking the children away,” he said.

Mr. Anderson said some Safe Families programs were planning to experiment with in-home mentoring, but stressed that all the parents involved had decided themselves that they needed a break from child-rearing to get back on their feet.

Removing children from parents should be avoided when possible, experts in child welfare agree. Placing them with relatives is next best, but when there are no acceptable alternatives, encouraging contact between parent and child during the separation, and friendship between the two families, can minimize the trauma, said Peter J. Pecora, director of research with Casey Family Programs, a nonprofit group in Seattle that develops child welfare programs.

Safe Families must deal with many of the safety and legal concerns of foster care. It makes background checks of potential hosts, visits homes to make sure things are going well and carries insurance in case of accidents. Mr. McEwen said he had not heard of any safety problems or other complaints in Illinois.

Legal arrangements vary: in Illinois, parents must sign over formal guardianship, while Indiana requires only a temporary placement agreement, with power of attorney granted for emergency medical decisions.

In Chicago, Safe Families expects to place 1,000 children this year, for average stays of 45 days. Administrative costs total $350,000 a year, with $100,000 coming from the state and the rest from churches and foundations. If those children ended up in foster care instead, Mr. Anderson noted, the cost to the public would be millions.

In Indianapolis, where several dozen children have been placed in the last year, and elsewhere, the group screens the children and does not take those with major behavioral problems, who need trained therapists.

Ideally, and as often happens, Mr. Anderson said, the hosts “become like extended family,” helping mothers and staying in touch with the children.

Such ties appear likely in the case of Brenda Bailey, 51, of Indianapolis, who has lung disease and lost her lease in October. She moved into a women’s shelter but could not provide for her sons, then ages 10, 16 and 17.

“I decided the kids would be better off without me,” she said, recalling the night she took handfuls of Valium. But when she woke up the next morning, she said, she swore she would reunite the family.

Her middle son moved in with an older half-sister, while the oldest and youngest sons were taken in by Safe Families. Then Ms. Bailey’s lung collapsed, requiring months of recovery. Her youngest son, Elijah, now 11, stayed with one family for four months, and in February moved into the suburban home of his gym teacher, J. T. Crook, and his wife, Samantha. Ms. Bailey, largely recovered and planning to rent an apartment, has become friends with the Crooks, and agreed that Elijah would stay with them until school ends, then spend weekends with them in the summer.

Ms. Parahams, the woman seeking a fresh start, used her month away from her four children to finish a job-preparation course. On April 20, she started work with the Census Bureau, and three days later, her children moved into her new home.

The families that looked after her children, she said, “helped me at a time of great need.”

“They showed real love, which is all you need,” Ms. Parahams said.
A version of this article appeared in print on May 7, 2009, on page A20 of the New York edition.
http://www.nytimes.com/2009/05/07/us/07safe.html?ref=us

Posted by lois at 03:07 PM | Comments (0)

Girls on Our Streets

Op-Ed Columnist
Girls on Our Streets
By NICHOLAS D. KRISTOF
Published: May 6, 2009- NY Times

Jasmine Caldwell was 14 and selling sex on the streets when an opportunity arose to escape her pimp: an undercover policeman picked her up.

The cop could have rescued her from the pimp, who ran a string of 13 girls and took every cent they earned. If the cop had taken Jasmine to a shelter, she could have resumed her education and tried to put her life back in order.

Instead, the policeman showed her his handcuffs and threatened to send her to prison. Terrified, she cried and pleaded not to be jailed. Then, she said, he offered to release her in exchange for sex.

Afterward, the policeman returned her to the street. Then her pimp beat her up for failing to collect any money.

“That happens a lot,” said Jasmine, who is now 21. “The cops sometimes just want to blackmail you into having sex.”

I’ve often reported on sex trafficking in other countries, and that has made me curious about the situation here in the United States. Prostitution in America isn’t as brutal as it is in, say, India, Nepal, Pakistan, Cambodia and Malaysia (where young girls are routinely kidnapped, imprisoned and tortured by brothel owners, occasionally even killed). But the scene on American streets is still appalling — and it continues largely because neither the authorities nor society as a whole show much interest in 14-year-old girls pimped on the streets.

Americans tend to think of forced prostitution as the plight of Mexican or Asian women trafficked into the United States and locked up in brothels. Such trafficking is indeed a problem, but the far greater scandal and the worst violence involves American teenage girls.

If a middle-class white girl goes missing, radio stations broadcast amber alerts, and cable TV fills the air with “missing beauty” updates. But 13-year-old black or Latina girls from poor neighborhoods vanish all the time, and the pimps are among the few people who show any interest.

These domestic girls are often runaways or those called “throwaways” by social workers: teenagers who fight with their parents and are then kicked out of the home. These girls tend to be much younger than the women trafficked from abroad and, as best I can tell, are more likely to be controlled by force.

Pimps are not the business partners they purport to be. They typically take every penny the girls earn. They work the girls seven nights a week. They sometimes tattoo their girls the way ranchers brand their cattle, and they back up their business model with fists and threats.

“If you don’t earn enough money, you get beat,” said Jasmine, an African-American who has turned her life around with the help of Covenant House, an organization that works with children on the street. “If you say something you’re not supposed to, you get beat. If you stay too long with a customer, you get beat. And if you try to leave the pimp, you get beat.”

The business model of pimping is remarkably similar whether in Atlanta or Calcutta: take vulnerable, disposable girls whom nobody cares about, use a mix of “friendship,” humiliation, beatings, narcotics and threats to break the girls and induce 100 percent compliance, and then rent out their body parts.

It’s not solely violence that keeps the girls working for their pimps. Jasmine fled an abusive home at age 13, and she said she — like most girls — stayed with the pimp mostly because of his emotional manipulation. “I thought he loved me, so I wanted to be around him,” she said.

That’s common. Girls who are starved of self-esteem finally meet a man who showers them with gifts, drugs and dollops of affection. That, and a lack of alternatives, keeps them working for him — and if that isn’t enough, he shoves a gun in the girl’s mouth and threatens to kill her.

Solutions are complicated and involve broader efforts to overcome urban poverty, including improving schools and attempting to shore up the family structure. But a first step is to stop treating these teenagers as criminals and focusing instead on arresting the pimps and the customers — and the corrupt cops.

“The problem isn’t the girls in the streets; it’s the men in the pews,” notes Stephanie Davis, who has worked with Mayor Shirley Franklin to help coordinate a campaign to get teenage prostitutes off the streets.

Two amiable teenage prostitutes, working without a pimp for the “fast money,” told me that there will always be women and girls selling sex voluntarily. They’re probably right. But we can significantly reduce the number of 14-year-old girls who are terrorized by pimps and raped by many men seven nights a week. That’s doable, if it’s a national priority, if we’re willing to create the equivalent of a nationwide amber alert.

http://www.nytimes.com/2009/05/07/opinion/07kristof.html?ref=opinion

Posted by lois at 02:58 PM | Comments (0)

April 25, 2009

Judge orders changes in medication distribution at women's prison

Judge orders changes in medication distribution at women's prison
By John Diedrich of the Journal Sentinel
Apr. 24, 2009

A federal judge ruled Friday that the Wisconsin Department of Corrections must make changes to its inmate prescription system at Taycheedah Correctional Institution and hire licensed practical nurses to hand out drugs there, all within two months.

Chief U.S. District Judge Rudolph Randa's order came in response to an American Civil Liberties Union motion for an injunction forcing the state to make changes.

The action is part of a federal class-action lawsuit the ACLU filed in 2006 on behalf of inmates at the state's largest women's prison.

The ACLU contends the state is violating the rights of Taycheedah prisoners by having guards without medical training dispense drugs to inmates, routinely resulting in the wrong medications or wrong dosages being given to inmates.

The state admits there are problems but says it is working to fix them. It argued that it has a plan to hire nursing assistants to hand out drugs and that the ACLU's timetable was unreasonable.

Randa disagreed, writing that "matters of administrative convenience must ultimately give way when constitutional rights are in jeopardy."

Randa ordered the state to draw up a plan to hire licensed practical nurses for Taycheedah within a week and have them in place in 60 days.

On the issue of computerizing the prescription system, Randa gave the state two months to take "interim steps" to improve drug distribution accuracy.

It's unclear what the financial effect of the changes will be or whether they could ultimately be applied at all Wisconsin prisons.

Department of Corrections spokesman John Dipko said he did not know how many nurses would be hired or how much it would cost. In 2006, the department estimated it would cost $5.2 million a year to have 102 nurses dispense medication at all state prisons. Randa's order pertains to only Taycheedah, but Dipko said the agency is "always looking at making improvements" to all institutions.

Dipko said agency officials had not determined whether they will appeal the order, but even if they do, they will comply with the order in the meantime.

Larry Dupuis, legal director for the ACLU of Wisconsin, said, "Judge Randa has taken a huge step toward alleviating the needless pain and suffering caused by Taycheedah's failed medication system."

The ACLU's lawsuit, which addresses medical, mental health and dental care at the prison, is separate from an agreement reached between the state and U.S. Department of Justice last year over mental health care at Taycheedah.

The state promised to make wide-ranging mental health improvements at the prison. The agreement was struck under the threat of a lawsuit by the federal government against the state, which according to a federal complaint, has shown "deliberate indifference" to the mental health needs of Taycheedah inmates. A lawsuit is still possible if the state doesn't live up to the agreement.
http://www.jsonline.com/news/wisconsin/43627792.html

Posted by lois at 01:53 PM | Comments (0)

April 20, 2009

Three book reviews: Abolishing The Prison Industrial Complex and Freeing All Political Prisoners

Abolishing The Prison Industrial Complex and Freeing All Political Prisoners
Sunday, April 19 2009
By Hans Bennett
Prisons Above all, these three highly-recommended books (available online at www.akpress.org) argue that prison-related issues are inseparable from racism, classism, sexism, and all oppression, so the more we know about prisons, the better informed multi-issue activist strategies will be. They conclude that in working to abolish all oppression, we must also work to abolish the PIC and free all political prisoners.
Abolishing The Prison Industrial Complex and Freeing All Political Prisoners
A Book review of:

The Real Cost of Prisons Comix, edited by Lois Ahrens, PM Press, 2008.

Let Freedom Ring: A Collection of Documents from the Movements to Free US Political Prisoners, edited by Matt Meyer, PM Press, 2008.

Abolition Now! Ten Years of Strategy and Struggle Against The Prison Industrial Complex, edited by the CR10 Publications Collective, AK Press, 2008.

2008 marked the ten-year anniversaries of both the prison abolitionist Critical Resistance (CR) conference in Oakland, CA that coined the phrase "prison industrial complex" (PIC) and the National Jericho Movement’s march in Washington DC that demanded the release of all US political prisoners and prisoners of war. To commemorate the 1998 events, the CR10 conference was held in Oakland in September, and Jericho organized a march to the United Nations in October.

These two important events in 1998 successfully re-energized the prison-activist and political prisoner support movements rooted in the 1960s and 1970s. However, while recognizing this accomplishment, three new books document how the prison industrial complex has actually grown bigger and stronger since 1998, while the post-911 climate has further escalated political repression. While recognizing this frustrating reality, these new books look honestly at both the accomplishments and shortcomings of the last ten years.

The Real Cost of Prisons Comix

The new book The Real Cost of Prisons Comix, reprints three comic books published as part of the Real Costs of Prisons Project (RCPP), which began in 2000. So far, 125,000 comic books have been printed, with over 100,000 distributed for free to community groups and college classes alike. Featuring artwork by Kevin Pyle, Sabrina Jones and Susan Willmarth, all three comic books can be freely downloaded at www.realcostofprisons.org.

Prison abolitionists Ruth Wilson Gilmore and Craig Gilmore write in the book’s introduction that the RCPP’s value "has been to show us how the system of mass incarceration permeates our lives, who is paying the costs of that system and the many ways the system is vulnerable to people who put their thought and effort into organizing to shrink it." Significantly, the RCPP’s comics "demonstrate that the ideas we need to change the world can be explained simply enough and packaged attractively enough to be used by all kinds of readers." Prisoners and their families can "understand material usually circulated only among academics and those who focus on policy."

Editor Lois Ahrens writes that "a central goal of the comic books is to politicize, not pathologize." She argues that the "deregulation and globalization" of the last 30 years has "resulted in impoverishing urban economies, limiting opportunities for meaningful work and slashing funding for quality education, marginalizing the poor, and creating more inequality. The comic books place individual experience in this context and challenge a central message of neo-liberal ideology: the myth that people can pull themselves up by their own bootstraps. In this paradigm, racism, sexism, classism, and economic inequality are not part of the picture. Most people now believe that change happens through personal transformation rather than political struggle and change."

The recent growth of the PIC and mass incarceration is staggering. Ahrens writes that "every year from 1947 through the beginning of the 1970s, approximately 200,000 people were incarcerated in the US. Today, there are more than 2.3 million men and women incarcerated, with more than 5 million more on parole and probation."

The 'Prison Town' comic book debunks the myth that building a new prison actually helps to revitalize a town with an ailing economy, and instead illustrates the many negative costs that a new prison can impose. Importantly, Prison Town also documents how many towns learned by example and cited the prisons’ negative impact in successful campaigns to stop prison construction in their community.

'Prisoners of the War on Drugs' is a heart-wrenching look at the victims of the so-called "war on drugs." At least according to its official purpose, the "war on drugs" has been a total failure, resulting in the mass incarceration of non-violent drug offenders at a huge, inefficient expense to tax-payers. Prisoners emphasizes "harm reduction" and treatment as a better solution, stating that the "war on drugs locks up more users than dealers. Most want to quit, but can’t. A year of treatment costs much less than a year of incarceration, plus: the person can work, pay taxes & take part in family life." While drug laws may seem insane, they appear to have unofficial motives that are highly rational. For example, they have served to accelerate mass imprisonment, the criminalization of poverty, and the erosion of civil-liberties.

'Prisoners of a Hard Life: Women & Their Children' concludes the three-comic book series. The stories presented here are mostly fictional, but are based on the writers’ research and personal experience working with women prisoners. Therefore, Ahrens explains that the stories "represent the lives of hundreds of thousands of people suffering as a result of the war on drugs." Perhaps most outrageous is the true story of Regina McKnight, the first woman in the US to be convicted of murder because of behavior while pregnant. When McKnight’s baby was delivered stillborn and an autopsy found traces of cocaine in the fetus she was arrested and convicted of murder with a 20-year sentence. In 2008, following several appeals and eight years in prison, the South Carolina Supreme Court unanimously reversed her conviction, after concluding that there is no medical evidence of cocaine causing stillbirths.

Let Freedom Ring

Let Freedom Ring: A Collection of Documents from the Movements to Free US Political Prisoners, is an epic 877-page compilation of both pre-existing documents and original articles. Explaining the context of its release, editor Matt Meyer cites the recent persecution of the San Francisco Eight, who are former Black Panther Party (BPP) members being charged with a 30-year old crime. Beginning with the 2006 grand jury, "the state threw down a gauntlet. When it became clear that the investigations were reopening cases based on evidence obtained primarily through torture, the message was unmistakable: Be afraid, be very afraid, and don’t even think of fighting back. When these same men stood strong, firm on the principle that they would not take part in a new, government sponsored witch-hunt, they sent a counter-message on behalf of us all: we will not allow our communities, our struggles, our communities, our very lives to be criminalized by a corrupt and racist criminal justice system." This spirit of resistance to state repression flows throughout Let Freedom Ring.

The book’s many sections focus on a wide range of US political prisoners, featuring both facts about their case, and actual writing from the prisoners themselves. One particularly interesting section is titled Resisting Repression: Out and Proud, which includes the classic 1991 interview "Dykes and Fags Want to Know: Interview with Lesbian Political Prisoners," featuring Laura Whitehorn (released in 1999), a well as Linda Evans and Susan Rosenberg, who were both pardoned by President Clinton in 2001. Also notable is a 1991 speech given by former BPP political prisoner Dhoruba Bin-Wahad, who was released after 19 years. Considered a groundbreaking speech from a Black Muslim revolutionary, Bin-Wahad declared that "we can not build a new society if we premise that society on the oppression of other people." Continuing the legacy of BPP co-founder Huey P. Newton, he argued that fighting the oppression of women and GLBTs is inseparable from the fight against capitalism, racism, and all oppression. Also featured is a tribute to the late Kuwasi Balagoon, who died in prison of AIDS-related pneumonia in 1986. In the words of poet Walidah Imarisha, Balagoon "was an anarchist in a Black nationalist movement, he was queer in a straight dominated movement, he was a guerrilla fighter after it was ‘chic,’ and he...demanded to be seen not as a revolutionary icon, but as a person, beautiful and flawed."

Abolition Now!

Abolition Now! was published to coincide with the CR10 conference. The introduction explains that Critical Resistance (CR) is not only "struggling to tear down the cages" of the prison industrial complex (PIC), but "also to abolish the actions of policing, surveillance, and imprisonment that give the PIC its power. We are also reminded that abolition is the creation of possibilities for our dreams and demands for health and happiness—for what we want, not what we think we can get."

The book features reflections and constructive criticism from a variety of CR organizers and activists. For example, Mills College professor Julia Sudbury emphasizes the "need for healing as an abolitionist practice. Many of us come to this work with our own wounds," and while "many of us draw energy and inspiration from these wounds," we are "also drained by these traumas...As a result our movement can be very ‘head’ oriented—talking, planning, thinking, writing—and not body and emotion oriented." Sudbury concludes that a "movement against a violent and violating phenomenon like the PIC cannot hope to be successful if we don’t directly address and heal the effects of that violence."

Former political prisoner Bo Brown argues that the movement should have more "street awareness" and not be limited to "legislative" goals and actions. "You have to do both. I think you can get lost in that and you can stay there and consider yourself a good person and never really get your hands dirty in a human kind of way...I’d like to see us come up with some kind of support group for families with prisoners that’s real. We need to figure out how to support the prisoners when they’re coming home. We need to understand post-traumatic shock on an ongoing, day-to-day basis."

Andrea Smith, co-founder of INCITE! Women of Color Against Violence argues that "the criminalization approach proffered in the mainstream anti-violence movement doesn’t work. And, also, this criminalization approach obfuscates the role of the state in perpetrating gender violence. At the same time, we have to deal with the practical concerns for safety for survivors of domestic and sexual violence. Thus, we are working on developing community accountability strategies that do not rely on the state, and also do not depend on a romanticized version of ‘community’...This intersects with work in indigenous rights movements, which have concepts of indigenous nationhood that are not based on nation-state forms of governance that rule through violence, domination, and control."

Abolition Now! also spotlights examples of organizations putting abolitionist strategy into practice, like with the LEAD Project’s group of transition homes for women returning from imprisonment in the Watts District of Los Angeles, called "A New Way of Life." Also, the UBUNTU Coalition in Durham, NC, works at responding to violence without reinforcing the PIC.

Prisons Are Everywhere

Above all, these three highly-recommended books (available online at www.akpress.org) argue that prison-related issues are inseparable from racism, classism, sexism, and all oppression, so the more we know about prisons, the better informed multi-issue activist strategies will be. They conclude that in working to abolish all oppression, we must also work to abolish the PIC and free all political prisoners.

--Based out of the SF Bay Area, Hans Bennett is an independent multi-media journalist (www.insubordination.blogspot.com) and co-founder of Journalists for Mumia (www.abu-jamal-news.com).

Posted by lois at 10:29 AM | Comments (0)

April 12, 2009

National support sought for Sign-on to support NY's Anti-Shackling Bill

Sign-on to support NY's Anti-Shackling Bill
Letter of Support for A.3373-A
National support is sought for this Bill. You can sign-on individually or as an organization by contacting Tina Reynolds. Contact info at the bottom of this email.

National support is being sought to sign-on please contact Tina Reynolds

Please join the Correctional Association of New York, the New York Civil Liberties Union, Legal Aid Society's Prisoners' Rights Project and Women on the Rise Telling HerStory (WORTH) in calling on New York State lawmakers to end to the degrading, unnecessary and dangerous practice of shackling incarcerated pregnant women.

http://org2.democracyinaction.org/o/5765/images/Shackling_Bill_A3373A.pdf (copy of the bill)
http://org2.democracyinaction.org/o/5765/images/Shackling_Bill_FINAL.pdf (sign on letter)

Here is an Anti-Shackling Bill sign-on letter in support of A.3373-A, which forbids the use of restraints on incarcerated women during labor and post-delivery recovery, and restricts the use of restraints during transport to and from the hospital before and after child birth.

Sponsored by Assemblymember N. Nick Perry, Assembly Majority Whip, A.3373-A has been voted out of all necessary Committees and is likely to come to the Assembly floor for a full vote very soon. Senator Velmanette Montgomery, Chair of the Social Services, Children and Families Committee, plans to introduce the same bill in the Senate during this legislative session.

If you would like to add your name or your organization's name, please email Tina Reynolds, Executive Director of WORTH and Co-Chair of the Coalition's Incarcerated Mothers Committee, by FRIDAY, MAY 1: treynolds@womenontherise-worth.org.

Thank you,

Tamar Kraft-Stolar
Women in Prison Project Director
Correctional Association of New York
2090 Adam Clayton Powell Blvd, Ste 200
New York, NY 10027
www.correctionalassociation.org

Posted by lois at 10:33 AM | Comments (0)

April 07, 2009

AL: First Federal Prison for Women Touted as Boost for Economy

Groundbreaking set for Alabama's first federal women's prison
Posted by Tom Gordon --
Birmingham News April 06, 2009

Groundbreaking is scheduled Wednesday at the west Alabama site of what will be the state's first all-female federal prison.
The facility will be on 120 acres of a 650-acre site in southwest Pickens County, about 2.5 miles north of Aliceville on Alabama 14.

State Rep. Alan Harper, Aliceville's director of economic development, said the new prison will be part of the Federal Correctional Complex Aliceville. It will house 1,300 medium-security inmates, have 350 employees, and should open in 2011.

Harper said construction should cost about $185 million and should involve 500 to 600 workers on site. The project will be a joint venture between two construction companies: Caddell of Montgomery and W.G. Yates & Sons of Philadelphia, Ms. Local officials are hoping other prisons will added on the property over the next 10 years.

"A complex consists of usually three or more facilities," Harper said. "We expect that hopefully over the next 10-year period, we will see two more correctional facilities built on the site."

Harper said the project should be an economic boost for Pickens County, bringing in new residents and spurring the building of homes, hotels, restaurants and service stations. After the prison is completed, Aliceville plans to annex the site, he added.
http://blog.al.com/spotnews/2009/04/groundbreaking_set_for_alabama.html

Posted by lois at 09:25 PM | Comments (0)

March 31, 2009

"How PersonhoodUSA Will Hurt All Pregnant Women" and Do People Who Support "Traditional Values" Value Pregnant Women? by Lynn Paltrow of Nationa Advocates for Pregnant Women

Please read Lynn's articles on Personhood and watch Dr. Deborah Frank debunk the mythology of "crack babies"

"How PersonhoodUSA Will Hurt All Pregnant Women"
by Lynn Paltrow
http://www.huffingtonpost.com/lynn-m-paltrow/how-personhoodusa-and-the_b_176530.html
March 24, 2009

PersonhoodUSA apparently sees itself as the new, hipper, more effective incarnation of the anti-abortion movement. PersonhoodUSA hopes that by establishing the "pre-born, as legal persons with protection under the law" it will end the "injustice of abortion." Its attempt to do this last November through a "personhood" ballot measure in Colorado's failed miserably. Nevertheless, PersonhoodUSA, is committed to "working tirelessly to establish personhood in every State."

What supporters of this approach don't mention is that if the unborn have legal personhood rights, pregnant women won't. There is really no way around this. As National Advocates for Pregnant Women's video demonstrates, if successful, this strategy will mean that upon become pregnant, women will lose their civil and human rights.

As Angela Carder learned it is not just life vs. choice - but life vs. life. Angela Carder, 25 weeks pregnant, was critically ill. More than anything, she wanted to live. A court, however, ordered cesarean surgery based on claims of fetal rights. The surgery was performed over her objections as well as those of her physicians and family. Angela Carder died two days later - the cesarean surgery listed as a contributing factor. The fetus was born alive but died within two hours.

PersonhoodUSA doesn't address how personhood laws will affect women like Ms. Carder and others who have no intention of ending a pregnancy. Perhaps this is why legislators in at least five states have introduced bills that carry their message and several more are working on ballot measures like the one in Colorado.

In fact, North Dakota's house recently passed a personhood bill that would require the state to interpret all of the state's laws to apply to "any organism with the genome of homo sapiens" including a fertilized egg. In addition to inviting such facetious Onion-like headlines as "North Dakota House Passes 'Homo' Rights Law, this bill creates the basis for policing all pregnant women.

Upon becoming pregnant, women would lose their right to medical privacy, since under North Dakota law doctors are required to report to child welfare authorities whenever they have reasonable cause to suspect that a child (an organism) is abused or neglected. Accordingly, if this bill passes, pregnant women in North Dakota who are obese, have diabetes, or smoke should probably report directly to child welfare authorities - or perhaps some new agency, such as the Department of Organism Protection.

Indeed, a recent horrifying incident in California could become commonplace in North Dakota. A pregnant woman in California experienced a miscarriage at one-month gestation. Her doctor advised her to preserve the embryonic tissue in the freezer until she and her husband decided whether to request genetic testing or to take the remains to a mortuary. When they decided against testing, they called a mortuary. They were asked for a death certificate and were directed to the County Coroner to obtain one. The Coroner instructed them to call the police. When they complied, the police heard the words "human remains" and responded by descending on their home, entering without a warrant, and searching for what they assumed was the evidence of a crime against a person.

While the California case reflects miscommunication, families that experience miscarriages would have to expect such intrusions in states that pass personhood laws. Similarly pregnant women who miss prenatal care appointments, don't take prenatal vitamins, or drink any amount of alcohol could be deemed abusive under criminal child [organism] abuse and endangerment laws. Personhood laws would also provide the basis for prosecuting women for murder, manslaughter, or negligent homicide if they suffered miscarriages or stillbirths.

In fact states with these laws would look a lot like South Carolina, the only state that has, by judicial fiat, effectively adopted a personhood law. More than 90 pregnant women and new mothers have been arrested there based on fetal personhood claims. Recently, a pregnant woman in South Carolina fell from a 5th floor window. The press reported this incident as a suicide attempt. She survived but suffered a stillbirth as a result of the fall. Last month she was arrested on charges of homicide by child abuse and is still being held without bail.

PersonhoodUSA asserts that "each and every human being must be respected and protected from fertilization until natural death." Their legislation, however, would have the effect of excluding pregnant women from this protection. People committed to a true culture of life need to oppose their legislative proposals, supporting instead ones that include the interests of the women who give that life.

Lynn M. Paltrow
March 30, 2009
http://www.huffingtonpost.com/lynn-m-paltrow/do-people-who-support-tra_b_180946.html
Do People Who Support "Traditional Values" Value Pregnant Women?

I have to thank Andrea Lafferty, of the Traditional Values Coalition for her response to a piece I wrote opposing Personhood USA's efforts to give full constitutional rights to the unborn from the moment of fertilization. In her commentary she hopes to discredit my organization, National Advocates for Pregnant Women (NAPW) by exposing our commitment to all pregnant women, including those who love their children but are unable to overcome a drug problem in the short term of pregnancy.

Ms. Lafferty argues that NAPW has an "extremist agenda." Specifically she highlights the fact that NAPW "defends drug-addicted women from prosecutions for endangering their unborn babies." Indeed we do, and at least for one reason we would have thought Ms. Lafferty and her Coalition, would approve of: because threatening pregnant women with prosecution creates an incentive for them to have abortions.

Given how hard it is for most people to overcome an addiction problem quickly (just ask Rush Limbaugh) as well as the difficulty of obtaining appropriate treatment (especially for pregnant and parenting women), laws that threaten to punish women who carry their pregnancies to term in spite of a drug problem place substantial pressure on them to get unwanted abortions.

In fact, this kind of prosecution in North Dakota (one of the states where a personhood bill has been introduced) compelled a pregnant woman to have an abortion. In 1992 Martina Greywind, who was approximately twelve weeks pregnant, was arrested. She was charged with reckless endangerment based on the claim that by inhaling paint fumes, she was creating a substantial risk of serious bodily injury or death to a "person" -- her "unborn child." After her arrest, a lawyer for the anti-abortion group Lambs of Christ filed a petition seeking to have the woman's brother, Ken Greywind, appointed her legal guardian. Mr. Greywind explained in court papers "I believe she is contemplating an abortion in order to have the charge of reckless endangerment dismissed."

Ms. Greywind did obtain an abortion. And indeed, the prosecutor dropped the charges citing the fact that she had "terminated her pregnancy."

We admit it. NAPW opposes laws that create an incentive for women to terminate otherwise wanted pregnancies. We would hope that such opposition would provide common ground for NAPW, Ms. Lafferty and her organization.

We would also hope that we could work together to spread the good news about these mothers and their children. Ms. Lafferty says in her comments about NAPW that we defend mothers who "are addicting their unborn babies and subjecting them to extreme risks of mental retardation or death." Ms. Lafferty, like many people, believes that a pregnant woman who uses any amount of an illegal drug - and crack cocaine in particular -- will inevitably harm her "unborn child."

For nearly two decades, the popular press was filled with inaccurate information about the effects of in utero cocaine exposure. Media hype, however, is not the same as scientific evidence. In 2004 leading researchers in the field of prenatal exposure to drugs signed an open letter explaining that these women are not "addicting" their "unborn babies." "Addiction" they wrote "is a technical term that refers to compulsive behavior that continues in spite of adverse consequences. By definition, babies cannot be 'addicted' to crack or anything else."

Moreover, these experts as well as federal courts and leading federal government agencies now confirm that "the phenomena of "'crack babies' . . . is essentially a myth." As the National Institute for Drug Abuse has reported, "Many recall that 'crack babies,' or babies born to mothers who used crack cocaine while pregnant, were at one time written off by many as a lost generation... It was later found that this was a gross exaggeration." And, as the U.S. Sentencing Commission has concluded, "[t]he negative effects of prenatal cocaine exposure are significantly less severe than previously believed" and those negative effects "do not differ from the effects of prenatal exposure to other drugs, both legal and illegal." Most recently the New York Times, relying on actual experts, including the pediatrician featured in this NAPW video, set the record straight with a story entitled "The Epidemic That Wasn't".

So instead of assuming the worst, we could join forces and together oppose punitive approaches that are known to encourage some women to have abortions, and to discourage many more from seeking prenatal care.

NAPW knows that there are not two kinds of women -- those who have abortions and those who have babies. Sixty-one percent of women who have abortions are already mothers, and another 24 percent will go on to become mothers. Over the course of their lives, 85 percent of all women bring life into this world. NAPW advocates for all of them. We don't expect Ms. Lafferty to join us in our work to ensure that women have access to safe legal abortion services, but we do hope she will support our efforts to ensure that women who do want to go to term aren't punished for doing so.

And watch the video.....If you have never had the opportunity to hear Dr. Deborah Frank speak this is it....

This video is based on a lecture that Dr. Deborah A. Frank, Pediatrician gave on February 11th 2009 at a continuing education program entitled Drugs, Pregnancy and Parenting: What the Experts in Medicine, Social Work and Law Have to Say.

Deborah Frank, M.D. is a Professor of Pediatrics at Boston University School of Medicine, where she has taught since 1981. She is also the Founder and Director of the Grow Clinic at Boston Medical Center, and Principal Investigator of the Children's Sentinel Nutrition Assessment Program ("C-SNAP"). C-SNAP's goal is to monitor the impact of policy changes on nutrition, growth and development of low-income children, ages 0-3 years. She also conducts research funded by the National Institute on Drug Abuse and has given testimony to the United States and Massachusetts House and Senate.

Dr. Frank has written numerous peer-reviewed and published scientific articles and papers including, Deborah A. Frank et al., Maternal Cocaine Use: Impact on Child Health and Development, 40 Advances in Pediatrics 65 (1993). She is also the author of the seminal meta analysis published by The Journal of the American Medical Association (“JAMA”), one of the most distinguished peer-reviewed medical journals in the United States. This comprehensive, systematic, and authoritative analysis of the medical research assessing the relationship between maternal cocaine use during pregnancy and adverse developmental consequences for the fetus and child concluded that:

"[T]here is no convincing evidence that prenatal cocaine exposure is associated with any developmental toxicity difference in severity, scope, or kind from the sequelae of many other risk factors. Many findings once thought to be specific findings of in utero cocaine exposure can be explained in whole or in part by other factors, including prenatal exposure to tobacco, marijuana, or alcohol and the quality of the child’s environment."

Here is the URL for the video http://www.vimeo.com/3916613

Posted by lois at 10:11 AM | Comments (0)

March 30, 2009

Real Cost of Prisons Comix wins National Council on Crime and Delinquency PASS Award

FOR IMMEDIATE RELEASE
The National Council on Crime and Delinquency
Announces
The 2008 PASS Award Winners
Oakland, CA, March 20, 2009

The National Council on Crime and Delinquency is pleased to announce the 2008 Winners of its respected PASS Awards (Prevention for a Safer Society). NCCD honors the media’s success and vital role in illuminating the people and programs that uncover the root causes of crime and those that promise to protect our most precious resource—our youth—against involvement in crime.

A critical link in successful policies related to youth and justice is the education of the public. The media is uniquely positioned to be this link, and we gratefully acknowledge their efforts to fulfill that responsibility. Each year the PASS Awards honor media professionals in the fields of print, literature, broadcast media, television, and film in recognition of thoughtful and factual coverage of the issues. Special consideration is given to those stories that highlight solutions to criminal and juvenile justice and child welfare problems.

NCCD is the nation's oldest private organization working to attain responsive and effective criminal justice, juvenile justice, and child welfare systems. For over 100 years, NCCD has been committed to promoting criminal justice strategies that are fair, humane, cost-effective, and uncompromising in public safety. The issues that have defined NCCD since its inception are the need for a separate and humane justice system for children, alternatives to incarceration, and the fundamental connection between social justice and public safety.

For more information on NCCD, please visit our website at www.nccd-crc.org

FILM
Ice T Presents “25 to Life” Deloss Pickett, Michael Dallum
“At the Death House Door” Steve James, Peter Gilbert

LITERATURE
American Furies: Crime, Punishment, and Vengeance in the Age of Mass Imprisonment by Sasha Abramsky

Chasing Justice by Kerry Max Cook, Sandra Kaye Pressey, Kerry Justice Cook, Peter Hubbard

From the Bottom of the Heap: The Autobiography of Black Panther Robert Hillary King by Robert Hillary King and Andrea Gibbons

I’ll Fly Away: Further Testimonies from the Women of York Prison by Walley Lamb

Letters From the Dhamma Brothers by Jenny Phillips, Pariyatti Press, Ron Cavanaugh

Maximum Security: The True Meaning of Freedom by Alan Gompers

Prison Profiteers: Who Makes Money from Mass Incarceration by Paul Wright, Tara Herivel and Dianne Wachtel

Stanley Tookie Williams Street Peace Series by Stanley Tookie Williams and Barbara Becnel

The Real Cost of Prisons Comix by Lois Ahrens, Kevin Pyle, Sabrina Jones, Susan Willmarth, Ellen Miller-Mack and Craig Gilmore

MAGAZINE
San Jose Mercury News
“A Painful Choice for Moms in Prison” Edwin Garcia, Karen Borchers, Miller-McCune
“Is This the Future of the War on Drugs?” by Vince Beiser,John Mecklin

NEWSPAPER
East Valley Tribune “Reasonable Doubt” by Ryan Gabrielson, Paul Giblin, Patti Epler
Long Beach Press-Telegram “Lots of Answers, but No Easy Fixes” byWendy Thomas Russell andTracy Manzer
Seattle Weekly “Neverminded” by Laura Onstot and Mike Seely
The Daily Review “Educate to Break Cradle-to-Prison Pipeline” by Tammerlin Drummond
The Sacramento Bee “Unprotected” Marjie Lundstrom, Sam Stanton, Autumn Cruz, Mitchell Brooks
The Village Voice “Teen Murders at Rikers Jail” by Graham Rayman, Tony Ortega
The Washington Post “Rehabilitating Juvenile Offenders” by Robert Pierre, Carol Morello Westword
“Stand and Deliver” byAdam Cayton-Holland, Patricia Calhoun, Anthony Camera

RADIO
American Radioworks -“Gangster Confidential" Michael Montgomery and Catherine Winter
KALW Radio “Prisons in Crisis: A State of Emergency in California” JoAnn Mar, Alyne Ellis
KQED/Forum “Prisoner Health” by Scott Shafer, Nick Vidinsky andDan Zoll

TELEVISION/ VIDEO
HBO - “The Wire, Season 5” by David Simon, Nina Kostroff Noble, Ed Burns, Joe Chappelle.Karen L.Thorson
SoCal Connected/KCET -“Inside Locke High” Angela Shelley andAlexandria Gales, Brett Wood, Michael Bloecher,Bret Marcus
NBC/Wolf Films “Law and Order: SVU - Confession” Dick Wolf, Neal Baer, Ted Kotcheff, Peter Jankowski, Arthur Forney, Judith McCreary

WEB
AlterNet -“Meet Gus Puryear” by Silja J.A. Talvi and Jan Frel
City Limits -“A Ballot’s Breadth Away from Rejoining Society” by Karen Loew, Curtis Stephen, Rosie McCobb
City Limits “Debating How to Police a Challenging Population” Karen Loew, Tram Whitehurst

Posted by lois at 09:30 PM | Comments (0)

March 28, 2009

SF: EVENT TO SHED LIGHT ON DOMESTIC VIOLENCE SURVIVORS IN CALIFORNIA'S PRISONS

SF: EVENT TO SHED LIGHT ON DOMESTIC VIOLENCE SURVIVORS IN CALIFORNIA'S PRISONS
March 27, 2009
SAN FRANCISCO (BCN)

A group of formerly incarcerated battered women will gather Saturday in San Francisco to call for more survivors of domestic violence to be freed from California's prisons.

Organizers hope to shed light on some cases where women were convicted of killing their abusers and served decades in prison before being paroled, or are still incarcerated.

"First, our communities failed to protect them and their children from their abusers' violence, and then failed to consider how the abuse they experienced related to the crime," said Emily Harris of the advocacy group Free Battered Women.

"They're not a threat to society, and they're one of many populations the governor could be looking at as a way of alleviating prison overcrowding," said Harris.

She also argued the move would save the state much-needed money.

Recent laws in California have allowed women incarcerated for killing their abusers to challenge their sentences, using evidence about the effects of domestic abuse.

According to Harris, of the approximately 11,000 women in prison in California, 80 percent have said they've experienced some kind of abuse either as children or adults, and 60 percent have reported physical abuse as adults, primarily from their spouses or domestic partners.

Of that 60 percent, hundreds are in prison for killing their spouses or domestic partners, as an act of defense either of themselves or their children, Harris maintained.

Saturday's event will feature 15 women who will speak about their experiences, read poetry, and discuss pending cases. It begins at 4 p.m. at the Women's Building at 3543 18th St.
http://cbs5.com/localwire/22.0.html?type=bcn&item=SF-BATTERED-WOMEN-bagm-#

Posted by lois at 10:04 AM | Comments (0)

March 27, 2009

FL:Woman joins sex-offender group living under Julia Tuttle Causeway

Mar. 23, 2009
Woman joins sex-offender group living under Julia Tuttle Causeway
By FRED GRIMM. Miami Herald
It's as if Voncel Johnson has been thrust into a bizarre social experiment.

Forcing so many men to live like post-apocalyptic trolls beneath a bridge in the middle of Biscayne Bay wasn't quite mad enough. Now they've added a woman.

For two years, a colony of convicted sex offenders under the Julia Tuttle Causeway has lived in a public health travesty, without water or toilets or electrical service. They sleep in tents, shacks, the back seats of cars in the last realistic address in metropolitan Miami unaffected by city and county sex-offender residency laws.

The numbers have been growing steadily as more convicted sex offenders emerge from prison and are consigned to finish out their wretched lives under a bridge.

The population was up to 52 men Monday. And Voncel Johnson.

GENDER EQUITY

In a peculiar nod to gender equity, the Florida Department of Corrections informed her last week that she too had only one residency option in Miami-Dade County -- the Tuttle. ''They just give me a blanket and a pillow and sent me . . . here?'' she asked, talking over the incessant thump-thump-thump of the freeway traffic overhead. ``I just broke down.''

A community backward enough to create a subterranean de-facto prison camp of male sex offenders thrusts a single woman into the mix -- just to see what happens.

It's an ironic setting for Voncel Johnson. The 43-year-old woman, who grew up in poverty and neglect in the Brownsville section of Miami, told me she was sexually molested at age 6 and gang-raped at 16. ''I have a hard time trusting men,'' she said.

In 2004, Johnson pleaded guilty to a charge of lewd and lascivious exhibition (without physical contact) with a minor. She claimed Monday the charge was unfounded but at the time a plea offer with one year probation and no prison time seemed prudent. Except she twice failed to meet sex-offender registration requirements. Her probation was revoked. She did 10 months at Broward Correctional Institute.

COMMON REFRAIN

She repeated a common refrain -- sometimes delusional -- among the bridge outcasts. ``I never would have done that plea deal if I'd known they'd send me here. I could've fought those charges.''

But offender laws leave the state Department of Corrections no options for a sex offender. Voncel Johnson's parole officer did find her a motel room for three days last week. And she was offered a slot in a residential offender program in another county. But Johnson refused to leave Miami. ``All my family lives here. I've never been any place but Miami.''

It was probably a foolish decision, but Johnson harbors some vague notion about gutting it out beneath the Tuttle until her parole ends May 5. ''Then I can find some place to live.'' She seems unable to grasp that residency restrictions are forever.

Meanwhile, the men beneath the Tuttle gave her a battered old camper trailer. ''We watch out for her,'' insisted Juan Carlos Martin, who has been under the bridge so long that the address on his driver's license reads ''Julia Tuttle Causeway Bridge.'' He said it was as if city, county and state officials purposely cram more and more men into an unliveable, hopeless, crowded space, knowing that eventually something awful might happen. And now they add a woman.

Martin said, ``They need to get her out of here.''
http://www.miamiherald.com/news/columnists/fred-grimm/story/964528.html

Posted by lois at 11:03 PM | Comments (0)

March 26, 2009

OT: Legislative Bureau Audit Finds Treatment of Mentally Ill Prisoners Inadequate for Women Especially

Audit finds problems with mentally ill inmates
By SCOTT BAUER | Associated Press Writer
March 25, 2009
Chicago Tribune
MADISON, Wis. - At a time when Wisconsin is taking steps to avoid a federal lawsuit over its handling of mentally ill inmates, an audit released Wednesday identified even more improvements needed in the prison system.

The Legislative Audit Bureau's recommendations include better screening of incoming inmates, enhanced training for corrections officers who deal with mentally ill inmates and improved planning for when they are released.

Department of Corrections spokesman John Dipko said the department would implement all of the audit's recommendations.

Corrections Secretary Rick Raemisch said in a letter to auditors that his department faces significant challenges. Providing effective treatment in prison required prioritizing needs, using resources wisely, and emphasizing rehabilitation and treatment, he said.

Legislative Audit Committee Co-Chair Sen. Kathleen Vinehout, D-Alma, called the report disturbing.

"Mental illness can be managed," she said. "But the audit provides evidence this is not happening to the extent it should."

Wisconsin's mentally ill inmate population has been booming. While the total inmate population increased 3.9 percent between 2006 and 2008, the percentage of mentally ill inmates went up 14.3 percent. Last June, nearly 31 percent of the state's 22,451 inmates were identified as mentally ill.

The state's care of mentally ill female inmates has been a problem for years.

In 2006, the U.S. Justice Department declared the lack of mental health care at Taycheedah Correctional Institution in Fond du Lac, the state's largest women's prison, violated inmates' constitutional rights. The state agreed in September to make improvements to avoid a U.S. Justice Department lawsuit.

Federal investigators who toured Taycheedah in 2005 found mentally ill inmates locked in isolation cells and given psychotropic drugs without a doctor's supervision.

Under the agreement with the U.S. Justice Department, state corrections officials have up to four years to make improvements or face a lawsuit.

The state committed to building an $11 million, 45-bed addition for mentally ill women at the Wisconsin Resource Center in Winnebago. It is scheduled to be done in 2011.

The Department of Corrections has requested $7.6 million to build more treatment space at Taycheedah. Gov. Jim Doyle's proposed budget requests 149 more positions and $6.6 million to operate the addition at the Wisconsin Resource Center and to provide more services at Taycheedah.

The audit showed that the state spent nearly $60 million on mentally ill inmates in the 2007 fiscal year.

Among the report's findings:

-- The prisons don't have enough psychiatrists or psychologists to meet national standards.

-- Group and individual therapy is limited, although psychologists do monitor mentally ill inmates on a regular basis.

-- Correctional officers deliver most medications. In neighboring states, medical staff deliver most drugs.

-- Clearer policies, more centralized decision-making, and more detailed record-keeping could ensure the Wisconsin Resource Center runs more efficiently.

-- Mentally ill inmates accounted for more than 90 percent of special placements due to self-harm between July 1, 2005, and June 30, 2008. Those placements require prison workers to check on inmates every 15 minutes.

-- Mentally ill inmates accounted for nearly 80 percent of assaults on staff in the past three years. Those assaults resulted in $874,200 in worker's compensation awards to staff in that time.

-- The Department of Corrections could strengthen its policies to ensure inmates receive disability and medical benefits in a timely way after leaving prison.
http://www.chicagotribune.com/news/chi-ap-wi-inmatementalhealt,0,1483471.story

Posted by lois at 09:33 AM | Comments (0)

March 25, 2009

"Resistance Behind Bars- The Struggles of Incercerated Women" by Vikki Law

I just finished reading "Resistance Behind Bars" written by Vikki Law. In case you don't know about it or haven't had the chance to I recommend you buy a copy and read it.
I will quote a little from the introduction in which Vikki writes about her response to the comment: "Women (in prison) don't organize."
"I began to search for stories---and women--who would disprove this assertion. I found mentions of lawsuits, and using various state department of corrections' websites looked up their address addresses and wrote them letters asking if they would share their experiences with me." And "To ensure that I was representing their struggles accurately and to give them the opportunity to add, update or delete any of the tales they do not want to share with the public, I sent each woman draft after draft of the chapters her voice and experience(s) appeared in. "
The voices of women form form the majority of the book which took 8 years to complete. The chapters reflect the concerns of the women with whom Vikki corresponded and include Barriers to Basic Care, Mothers and Children, Sexual Abuse,Education, Women's Work, Grievances, lawsuits and the Power of the Media. Other chapters focus on Breaking the Silence, Resistance Among Women in Immigrant Detention and an Historical Background.
The book is written in plain English. It frames resistance by women very differently than the kinds of resistance by men prisoners which has come to define "resistance."
The book is published by PM Press and you can order a copy on-line (https://secure.pmpress.org/index.php?l=product_detail&p=91) or I am sure your local bookstore can order it for you.

Posted by lois at 04:03 PM | Comments (0)

March 24, 2009

Washington Governor Proposes Early Release Of Some Women Prisoners

Washington Governor Proposes Early Release Of Some Inmates
BY AUSTIN JENKINS
Olympia, WA March 23, 2009 3:28 p.m.

Washington Governor Chris Gregoire is proposing the early release of some inmates to help balance the state budget. Specifically, the Governor floated the idea today [Monday] of releasing lower-risk female inmates whose children are in foster care.

Chris Gregoire: “Where we’re spending multiple dollars to care for the children and care for the individual when if the person was out we could get that type of typically alcohol and drug treatment in the community and have the family reunited and have very little risk in terms of public safety to the community.”

Gregoire offered few details on the number of women who might be eligible for early release – or how much it might save the state.

Women make up about 8 percent of the prison population. Most are non-violent and an estimated three-quarters of them have children.

Lawmakers are currently crafting a new two-year budget that aims to close a $9 billion shortfall.
http://news.opb.org/article/4580-washington-governor-proposes-early-release-some-inmates/

Posted by lois at 11:01 PM | Comments (0)

March 17, 2009

OR: State may need to use jail to imprison women as a result of Measure 57

State wants to send female inmates to Wapato jail
by Edward Walsh, The Oregonian
Sunday March 15, 2009, 9:03 PM

The long-shuttered Wapato jail may finally open to house female prison inmates, whose numbers are expected to surge in the coming years, under a proposal being discussed between the state Department of Corrections and Multnomah County.

Corrections Department Director Max Williams made the proposal at a recent meeting with County Commission Chairman Ted Wheeler.

Under the plan, the state would pay the county about $4 million during the next two years to take over responsibility for up to 200 female inmates from the Portland area who are within a year of being released.

A promise to open Wapato was a key part of Wheeler's successful 2006 election campaign. Peter Ozanne, the county's deputy chief operating officer for public safety, said county officials are "very interested" in Williams' proposal.

The use of part of the 525-bed Wapato jail would provide a short-term solution to a looming problem for the state prison system. The only women's prison in Oregon is Coffee Creek Correctional Facility in Wilsonville.

Coffee Creek has 1,240 beds and housed 1,096 female inmates as of last week, according to the state. The DOC forecasts that 345 female inmates will enter the prison system during the 2009-11 budget cycle, 281 of them sentenced under the terms of Measure 57.

Measure 57, which Oregon voters passed in November, lengthened sentences for repeat drug and property crimes and required drug and alcohol treatment for offenders.

Crimes covered by Measure 57 include dealing methamphetamine, heroin or cocaine, aggravated theft from the elderly, property crimes such as burglary and auto theft, and identify theft. Almost half of those convicted of ID theft are women.

The use of Wapato jail to house state female inmates would relieve a nagging, five-year headache for Multnomah County. The empty jail in the St. Johns area of North Portland stands as a tower of embarrassment to county government. It was completed in 2004 at a cost of $58 million, but it has never housed a single inmate because the county doesn't have the operating money.

Meanwhile, the county will spend $379,000 in the next fiscal year to maintain the jail.

Williams said Coffee Creek is expected to reach capacity in July 2010. He said one alternative would be to convert an industrial work area for inmates into dormitory-style housing at a cost of about $2 million.

Instead, Williams suggested to Wheeler that overflow female inmates who are nearing their release dates be sent to Wapato, which the county would run. The proposed $4 million state payment would include the cost of operating part of the jail through June 2011.

One likely complication in reaching a state-county agreement on Wapato is a thick set of restrictions set out in a conditional-use permit granted by the city of Portland before construction began. Williams said this could affect such issues as outdoor recreation areas, outside work crews and inmates' release into the community.

Williams disclosed his conversation with Wheeler after state officials were asked about Senate Bill 684, introduced by Senate Judiciary Committee Chairman Floyd Prozanski, D-Eugene. The measure would compel Multnomah County to sell Wapato to the Corrections Department. The bill appropriates $1 to buy the jail but also sets out a detailed process to agree on a fair price.

Williams said that his department had nothing to do with the bill and that he has not discussed a possible jail purchase with lawmakers. "I would not seek legislation to force them to sell something for $1," he said.

Prozanski called the bill "basically a placeholder" as state officials consider options for Oregon's growing prison population.

http://www.oregonlive.com/news/index.ssf/2009//state_wants_to_send_female_inm.html

Posted by lois at 08:29 PM | Comments (0)

March 14, 2009

Real Cost of Prisons Comix (the book)

The Real Cost of Prisons Comix
edited by Lois Ahrens
PM Press
Reviews: http://www.pmpress.org/content/article.php?story=loisahrens#reviews
Ordering info:
https://secure.pmpress.org/index.php?l=product_detail&p=48

One out of every hundred adults in the U.S. is in prison. This book provides a crash course in what drives mass incarceration, the human and community costs, and how to stop the numbers from going even higher. This volume collects the three comic books published by the Real Cost of Prisons Project. The stories and statistical information in each comic book is thoroughly researched and documented.

Prison Town: Paying the Price tells the story of how the financing and site locations of prisons affects the people of rural communities in which prison are built. It also tells the story of how mass incarceration affects people of urban communities where the majority of incarcerated people come from.

Prisoners of the War on Drugs includes the history of the war on drugs, mandatory minimums, how racism creates harsher sentences for people of color, stories on how the war on drugs works against women, three strikes laws, obstacles to coming home after incarceration, and how mass incarceration destabilizes neighborhoods.

Prisoners of a Hard Life: Women and Their Children includes stories about women trapped by mandatory sentencing and the "costs" of incarceration for women and their families. Also included are alternatives to the present system, a glossary and footnotes.

Over 125,000 copies of the comic books have been printed and more than 100,000 have been sent to families of people who are incarcerated, people who are incarcerated, and to organizers and activists throughout the country. The book includes a chapter with descriptions about how the comix have been put to use in the work of organizers and activists in prison and in the "free world" by ESL teachers, high school teachers, college professors, students, and health care providers throughout the country. The demand for them is constant and the ways in which they are being used is inspiring.

The Buzz:

"I cannot think of a better way to arouse the public to the cruelties of the prison system than to make this book widely available."
--Howard Zinn

"The Real Cost of Prisons comics are among the most transformative pieces of information that the youth get to read. We take it with us to detention centers, group homes, youth shelters and social justice organizing projects. Everywhere we go we see youth nodding with agreement and getting excited to see their reality validated in print. The Real Cost of Prisons helps youth know what's up and gives them the push they need to get active in the struggle to make interpersonal and community-wide change."
--Shira Hassan, Co-Director Young Women's Empowerment Project, Chicago, IL

Posted by lois at 09:14 AM | Comments (0)

March 09, 2009

New book: Resistance Behind Bars: The Struggles of Incarcerated Women

Resistance Behind Bars: The Struggles of Incarcerated Women
By Vikki Law
PM Press
Now available

In 1974, women imprisoned at New York’s maximum-security prison at
Bedford Hills staged what is known as the August Rebellion. Protesting the brutal beating of a fellow prisoner, the women fought off guards, holding seven of them hostage, and took over sections of the prison.

Why do activists know about Attica but not the August Rebellion?
Resistance Behind Bars documents collective organizing and individual
resistance among women incarcerated in the U.S. and challenges the reader to question why these instances and efforts have been ignored and why many assume that women do not organize to demand change. It fills the gap in the existing literature, which has focused mostly on the causes, conditions and effects of female imprisonment.

Women have significantly disrupted the daily operations of their prison to protest injustices and demand change. More often, however, they have employed less visible means such as forming peer education groups, clandestinely organizing ways for children to visit mothers in distant prisons and raising public awareness about their conditions.

By emphasizing women's agency in resisting individually as well as organizing collectively against their conditions of confinement, Resistance will spark further discussion and research on
incarcerated women's actions and also galvanize much-needed outside support for their struggle.

About the Author:
Victoria Law is a writer, mother, and photographer. She is also the co-founder of Books Through Bars—NYC and publisher of the zine Tenacious: Art and Writings from Women in Prison. Her new book, Resistance Behind Bars: The Struggles of Incarcerated Women (PM Press, 2009), is the culmination of 8 years of research, writing and listening to the stories of incarcerated women.

Product Details:
Published by PM Press
ISBN: 978-1-60486-018-4
Pub Date: February 2009
Format: Paperback
Page count: 260
Size: 6 by 9
Subjects: Women’s Studies, Penology, Prisons, Prison Abolition
Ordering information: https://secure.pmpress.org/index.php?l=product_detail&p=91/

For more about the book and upcoming events: http://resistancebehindbars.org

"Written in regular English, rather than academese, yet full of fire, this is an impressive work of research and reportage. I hope you're able to get this to a greater audience, and that it sparks
awareness and resistance. Well done!" –Mumia Abu-Jamal

"There are too few books written about womyn in prison. Many focus on these womyn as victims only. But this book is different. Its focus is on the herstorical resistance of womyn prisoners! This is necessary information for all of us to have in our consciousness, especially our abolitionist consciousness." --Bo (r.d.brown), former political prisoner, founding mother of Out of Control: Lesbian Committee to Support Women Political Prisoners and volunteer with the
Prison Activist Resource Center

“Excellently researched and well documented, Resistance Behind Bars is a long needed and much awaited look at the struggles, protests and resistance waged by women prisoners. Highly
recommended for anyone interested in the modern American gulag.” --Paul Wright, former
prisoner, founder/publisher of Prison Legal News and editor of Prison Nation: The Warehousing of America’s Poor and Prison Profiteers: Who Makes Money from Mass Incarceration

“Victoria Law's eight years of research and writing, inspired by her unflinching commitment to listen to and support women prisoners, have resulted in an illuminating effort to document the
dynamic resistance of incarcerated women in the United States.” --Roxanne Dunbar-Ortiz,
historian, feminist, indigenous rights activist, author, most recently of Roots of Resistance: History of Land Tenure in New Mexico

Posted by lois at 08:47 PM | Comments (0)

February 22, 2009

"Charles Dickens adn The House of Fallen Women"- an account of Dickens' efforts to help destitute women

The house that Charles built

Claire Tomalin enjoys a vivid account of Dickens's efforts to help destitute women
By Claire Tomalin
* The Guardian, Saturday 20 December 2008

Jenny Hartley's brilliant book fills a gap in Dickens studies. Vivid, intelligent and enthralling, it is about his setting up in Shepherd's Bush - this is 1847, when Shepherd's Bush was farming land outside London - a house in which girls from the streets, the prisons and the workhouses, girls who stole and prostituted themselves, wrecking their own lives and seemingly helpless to save themselves, might be changed through kindness and discipline, and so prepared for new lives in the colonies.

The money came from the millionaire Miss Coutts, but the idea and organisation was all Dickens's, and for 12 years he effectively managed the Home for Homeless Women, installed in Urania Cottage (the name, bestowed by a previous owner, was particularly inappropriate, since Urania is another name for Aphrodite, goddess of love). Dickens's will to do good drove him to take on what any normal person would have found impossible, and Hartley shows him in action, passionate to help the half-crushed victims of Victorian society, despotic in putting his benevolent plans into practice, demonic in his energy. From the spring of 1846, when he first proposed the plan, until 1858, when it became impossible for him to remain connected with it, it was at the centre of his thoughts.

You have only to look at his collected letters to marvel that a man who was already writing novels, running a weekly magazine, conducting a splendid social life, bringing up nine children, and raising money for other charitable causes, should find time to visit the house in Shepherd's Bush, often several times a week, to supervise it, select inmates, consult with prison governors, hire and fire matrons, deal with the drains and the gardener, report to Coutts in detail several times a week on whatever was happening there, handle the money, keep careful written accounts of the backgrounds of the girls, and arrange their emigration to Australia, South Africa or Canada.

Hartley reminds us how women were dealt with in Victorian institutions in London: the harsh, silent prisons, and the Magdalen Hospitals for penitent prostitutes, where they were constantly reminded of their shame as they worked under strict rules at sewing and laundering. The plan Dickens sold to Coutts was to make the home like a real home, with a matron who would never ask about the pasts of the young women, with comfortable bedrooms and good food, a garden where they could grow flowers, books to read - even a piano.

His idea was to prepare each inmate for emigration, and his hope was that they would marry and have families. Coutts needed some persuading of this, since she believed that a woman once fallen could not expect to return to such happiness. Hartley makes a fascinating point that a survey made in Paris in the 1830s showed that many French women succeeded very well in moving out of prostitution and returning to mainstream life, whereas the English believed a woman, once "corrupted", could never be uncorrupted.

Dickens took the French view. He disagreed with Coutts on other points: for instance he favoured brightly coloured dresses for the girls, while she did not. He wanted to keep religious preaching to the minimum, she thought it essential. He even arranged for his friend John Hullah, a fine musician, to come to instruct the girls in singing; but it was expensive, and here Coutts balked. She had bought the house, had it put in order to his specifications and was already paying something like £500 a year - a large sum then, even for a very rich woman - to keep it running.

Hartley draws a lively picture of the home, and the characters of many of the inmates, including the matrons over whose appointment Dickens agonised. Women who had worked in prisons were likely to be too harsh. One who applied for what she called the "horrible task" clearly ruled herself out. But he struck gold with Mrs Morson, who was in charge for five years. As Hartley says: "She is a new variant of Victorian womanhood: a middle-class single parent supporting her family by means of a satisfying career." She came of good parentage and married a doctor working as chief medical officer for the Brazilian Mining Association, going out with him to live in the rainforest; and there he died, leaving her with two small daughters and pregnant. She had to make her own way back to England with them, by mule and then man-of-war, and when she arrived home she found the money her husband had left for her had been embezzled. Luckily she knew Coutts, and so heard of the job. Luckily again, her parents were able to care for her children, including the baby son.

Dickens took to her at once, finding her warm-hearted and intelligent. She taught the girls to read, write and cook well, and made mealtimes enjoyable occasions. She was tough with any who stole, drank or caused trouble. Above all, she was motherly, and the girls wept with her when they left, and again when she left. Not surprisingly, she was wooed and won by a second husband; but she was always proud of the work she had done, and of her association with Dickens. Her story alone could make a film.

So would the stories of the girls, although tracing them is hard, because they came from poverty and either disappeared back into poverty or departed for the colonies. In 1853 Dickens reported to Coutts that out of the first 54 inmates, 30 had emigrated and sent back good reports of themselves, 14 had left of their own accord and 10 had been expelled. Pretty good. Some could not bear the quietness and not being allowed out. Some decided that emigration was too like transportation, some were drawn back into their old lives. Isabella Gordon, cheeky and charming, boasted of her power over the staff (and Dickens), and recruited a gang of girls who stirred up trouble. Dickens conducted a trial at the home and finally put her out, crying, on a dark afternoon, with only an old shawl and half a crown. She leant against the house for a minute and then went out of the gate and slowly up the lane, wiping her wet face with her shawl, forlorn and hopeless. We know these details from Dickens, who watched her.

Hartley's impressive research has stretched to the other side of the world, and she has made contact with several descendants of Urania girls. She has tracked their stories in Australia, and even found a photograph of Rhena Pollard, a Sussex girl who moved from workhouse to prison to the home, and went on to Canada, making a decent marriage, bringing up seven children on an Ontario homestead and joining the Salvation Army. Dickens would have enjoyed the sight of her as a decorously dressed matriarch with intense eyes and a formidable jutting jaw.

Hartley sees Pollard as a model for Tattycoram in Little Dorrit. She draws other parallels between girls at the home and figures in Dickens's novels, such as the prostitute Martha in David Copperfield, and she suggests that the girls acted as models and muses for Dickens. But although she argues this through carefully, it is the one part of the book that worries me, because the voices he gives to Martha, and to Tattycoram, and indeed to Nancy in Oliver Twist and Alice in Dombey and Son, are not the voices of real women. Their high-flown speeches make them into stage representations of fallen women. "Oh, the river!" cries Martha, "I know it's like me, defiled and miserable - and it goes away, like my life, to a great sea, that is always troubled - and I feel that I must go with it!"

The few real words Dickens reports in his letters are not like this. A girl called Goldsborough answers his question about what sort of work she might do in the colonies with, "that she didn't suppose, Mr Dickerson, as she were a goin to set with her ands erfore her". Another complaining girl says, "Which blessed will be the day when justice is a-done in this ouse." A third, who has had her marks for good behaviour taken away, and is told she must earn them back, tells Dickens: "Ho! But if she didn't have em giv up at once, she could wish fur to go." These sound like real girls, not dramatic constructions. Dickens created character almost entirely through voice, so why was he unable to give convincing voices to the street women in his fiction? There is a question still hanging there.

Never mind. Hartley has written a book that every Dickens-lover, and everyone with an interest in social history, will want to read. It is packed with good stories, as its cast of forgotten women move through it - a tiny band amid all the wretchedness of 19th-century London. It also throws new light on a great episode in Dickens's life - an episode that ended abruptly when he fell in love, after which the whole enterprise slowly collapsed. You might see it as the revenge of Urania Aphrodite.

• Claire Tomalin's books include The Invisible Woman: The Story of Nelly Ternan and Charles Dickens (Penguin).
http://www.guardian.co.uk/books/2008/dec/20/charles-dickens-fallen-women-review

Posted by lois at 01:34 PM | Comments (0)

February 20, 2009

OK: DOC Boss Want to Close One Women's Prison

DOC boss wants to close one female prison

by: CURTIS KILLMAN, Tulsa World Staff Writer
Monday, February 09, 2009
2/10/2009

Laura Pitman would like to see one of Oklahoma's female prisons closed.

As the boss of the state Department of Corrections's female prisons, Pitman knows it will take time to reduce the female prison population enough to accomplish that, but around 700 fewer women in prison would mean that the Eddie Warrior prison in Taft could shut its doors.

Then she would like to do it again with another prison.

Trimming about 1,400 women from the state prison rolls would mean Oklahoma would no longer rank No. 1 in the country in female incarceration. The state's rate would be just average.

Becoming average is on the top of Pitman's things-to-do list as she begins work as the department's deputy director of female operations.

The position was created late last year with a goal of reducing the number of imprisoned female offenders.

Here are the numbers: As of late January, 2,665 females were behind bars in Oklahoma. That works out to 131 women behind bars for every 100,000 females in the state.

Oklahoma's female incarceration rate is second to Mississippi's and nearly twice the national average of 69 women per 100,000 females.

Pitman said change both within and outside the prison system is needed to lower the female incarceration rate.

Within the system, Pitman said, she plans to review the way women move through the system. Her goal is to find ways to reduce their amount of time spent behind bars.

"We'll be looking at how we classify women in terms of their risks and needs, and do we need as many women as we have at higher security levels than lower," Pitman said.

Increasing time earned off their sentences for good behavior and reducing the number of days left on a sentence before moving an inmate to a lower security level are other areas under consideration, Pitman said.

She also plans to look at programs that will be geared towards reducing recidivism.

Why should people care how many females are behind bars?

"For the state of Oklahoma, the question to be answered is can we maintain public safety and reduce the amount we spend on corrections," Pitman said. "I believe so because I think we over-incarcerate low-risk offenders.

"When you are talking about a $503 million budget for the Department of Corrections, that means you are not spending it in other areas."

In the longer term, Pitman will push to expand the use of drug and mental health courts as alternatives to imprisoning females.

"Roughly 40 percent of our female offenders are incarcerated for drug-related crimes," said Pitman, who had been the department's deputy chief mental health officer .

Pitman points to Tulsa County's 2007 launching of Mental Health Court as an example of programs that should be expanded throughout the state.

"It disturbs me that people come into contact with law enforcement before treatment," she said. "When you don't have treatment available in the community, unfortunately persons with mental illness come into contact with law enforcement before they come into contact with treatment."

The Oklahoma Academy, a nonprofit organization that identifies critical public policy issues facing the state, recommends that the state strive to lose its No. 1 ranking in female incarceration within the next five years.

The Oklahoma Academy also recommends that the state female incarceration rate be reduced to less than the national average within 10 years.

Pitman said she believes Oklahoma can bring its female incarceration rate down to the national average and maintain public safety.

"It's obviously not an overnight thing," she said, regarding the time it will take. "It took longer than overnight to get here."

As for closing Eddie Warrior, the prison likely would not actually be abandoned. Instead, it would more likely become a male prison and potentially reduce the need for private prison beds for men, Pitman said.

Correction
This story should have stated that Mississippi ranks second to Oklahoma in its female incarceration rate.
http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20090209_11_A13_LauraP584764&archive=yes

Posted by lois at 06:27 PM | Comments (0)

February 03, 2009

Call for Papers: The International Prison Privatization Experience: A Transatlantic and Transpacific Dialogue, Houston, TX, August 6-8, 2009

The International Prison Privatization Experience: A Transatlantic and Transpacific Dialogue, Houston, TX, August 6-8, 2009

Call for Papers

The Barbara Jordan Institute for Policy Research, the BJ-ML School of Public Affairs Administration of Justice Department, and Justice Strategies will convene the first international conference on prison privatization. The conference will highlight the inimical impact these prisons are having on women, minorities, and the poor. Scholars will explore alternative economic development strategies to sustain rural communities before they turn to prisons—private or public.

Papers should investigate comparative aspects of prison privatization and grassroots initiatives geared toward reducing prison privatization. Proposals should also examine critical issues such as race, gender and crime and the impact on families’ and prisoners’ communities. Papers should fit into one of the following categories:

Session 1: Financial and Social Costs of an Increasing Use of Imprisonment

Session 2: Commodification of Prisoners and Human Rights

Session 3: Constitutional Implications of Private Prisons

Session 4: The Commercialization of Justice

Session 5: Interjurisdictional Issues and Common Concerns

Session 6: Demystifying Prison Privatization

Session 7: Privatized Detention of Immigrants

For more information contact:

Prof. Byron E. Price, the Conference Chair at 713-313-4809. Please send proposals, preferably as a Word or pdf attachment, to pricebe@tsu.edu by April 1st of 2009.

Committee members:

Byron E. Price, Texas Southern University—Houston, TX
Helen Taylor Greene, Texas Southern University, Houston, TX
Judy Greene, Justice Strategies—Brooklyn, NY
Elycia Daniel, Texas Southern University—Houston, TX

Posted by lois at 05:55 PM | Comments (0)

January 27, 2009

From National Advocates for Pregnant Women: a victory in the Texas v. Lovill case!

From National Advocates for Pregnant Women: a victory in the Texas v. Lovill case! (January 27, 2009) www.advocatesforpregnantwomen.org

In this case, Amber Lovill's probation was revoked because the State thought that sending her to jail would protect her fetus. Ms. Lovill had been on probation for forgery. A condition of probation was not using any illegal drugs. Ms. Lovill was in fact working hard to achieve abstinence, but experienced a relapse on the road to recovery. This relapse constituted a probation violation. Typically probation officers do not recommend putting a person in jail for this kind of probation violation. Rather, they typically seek to increase the number of drug screens that the probationer must submit to, or increase the amount of drug treatment that a person is required to attend. However, in Ms. Lovill's case, because she was pregnant, they recommended terminating her probation and locking her up. She was sent to Nueces County Jail, where she spent the duration of her pregnancy without appropriate prenatal care, drug treatment, or even sanitary facilities.

On appeal, Amber Lovill argued that the probation revocation constituted a form of selective prosecution based on the fact that she was pregnant, in violation of the 14th Amendment's prohibition against sex discrimination. NAPW and the ACLU of Texas filed an amicus brief in support of Ms. Lovill on behalf of numerous national and grassroots public health and advocacy organizations The Court of Appeals for the Thirteenth District of Texas agreed. For the first time in any case or written order that we are aware of, a court has squarely held that probation revocation and imprisonment because of pregnancy violates the 14th Amendment's prohibition on sex discrimination. The Court of Appeals carefully read the record and found extensive evidence of the fact that the probation officers were unwilling to consider any alternative to incarceration – because Ms. Lovill was pregnant. The Court of Appeals reversed the trial court's findings of fact, holding that:

In this case, the trial court was not free to disregard the overwhelming evidence presented at the hearing showing a discriminatory effect and purpose which allowed only a single conclusion. We hold that the fact finding is not supported by the record. The evidence shows (1) that Lovill was treated differently than others who violated the terms of their probation but were not pregnant, and (2) that her pregnancy was a motivating factor in the decision to prosecute.

The State argued that even if pregnancy was a factor in their decision, that would not constitute discrimination, explaining that "pregnancy causes added stress, anxiety and physical sickness to the expectant mother, which makes it difficult to comply with conditions of probation and to maintain the willpower necessary to overcome a drug addiction." The Court of Appeals squarely rejected this extraordinary claim, finding that it was based on "archaic and outdated views of pregnancy and of women." The court held that "even if the State acts with the intent of protecting a pregnant woman's health, it still may overstep the boundaries of the constitution when its actions result in discriminatory treatment based on pregnancy."

Ms. Lovill's counsel had hoped that the Court of Appeals would issue an order dismissing the entire prosecution. The Court of Appeals decision, however, only addresses whether Ms. Lovill established sex discrimination claim. This means that the case is not over. Nevertheless, Ms. Lovill's attorney is confident that he will be able to obtain a speedy and favorable resolution of her case.

NAPW and the ACLU congratulate Ms. Lovill for her persistence in her defense. We also congratulate Brian Miller, Ms. Lovill's counsel for his zealous representation and excellent defense work in this case.

Posted by lois at 03:27 PM | Comments (0)

"The Epidemic That Wasn’t" ---"crack babies"

January 27, 2009
The Epidemic That Wasn’t
By SUSAN OKIE
NY Times--Pag1 Science Section
BALTIMORE — One sister is 14; the other is 9. They are a vibrant pair: the older girl is high-spirited but responsible, a solid student and a devoted helper at home; her sister loves to read and watch cooking shows, and she recently scored well above average on citywide standardized tests.

There would be nothing remarkable about these two happy, normal girls if it were not for their mother’s history. Yvette H., now 38, admits that she used cocaine (along with heroin and alcohol) while she was pregnant with each girl. “A drug addict,” she now says ruefully, “isn’t really concerned about the baby she’s carrying.”

When the use of crack cocaine became a nationwide epidemic in the 1980s and ’90s, there were widespread fears that prenatal exposure to the drug would produce a generation of severely damaged children. Newspapers carried headlines like “Cocaine: A Vicious Assault on a Child,” “Crack’s Toll Among Babies: A Joyless View” and “Studies: Future Bleak for Crack Babies.”

But now researchers are systematically following children who were exposed to cocaine before birth, and their findings suggest that the encouraging stories of Ms. H.’s daughters are anything but unusual. So far, these scientists say, the long-term effects of such exposure on children’s brain development and behavior appear relatively small.

“Are there differences? Yes,” said Barry M. Lester, a professor of psychiatry at Brown University who directs the Maternal Lifestyle Study, a large federally financed study of children exposed to cocaine in the womb. “Are they reliable and persistent? Yes. Are they big? No.”

Cocaine is undoubtedly bad for the fetus. But experts say its effects are less severe than those of alcohol and are comparable to those of tobacco — two legal substances that are used much more often by pregnant women, despite health warnings.

Surveys by the Department of Health and Human Services in 2006 and 2007 found that 5.2 percent of pregnant women reported using any illicit drug, compared with 11.6 percent for alcohol and 16.4 percent for tobacco.

“The argument is not that it’s O.K. to use cocaine in pregnancy, any more than it’s O.K. to smoke cigarettes in pregnancy,” said Dr. Deborah A. Frank, a pediatrician at Boston University. “Neither drug is good for anybody.”

But cocaine use in pregnancy has been treated as a moral issue rather than a health problem, Dr. Frank said. Pregnant women who use illegal drugs commonly lose custody of their children, and during the 1990s many were prosecuted and jailed.

Cocaine slows fetal growth, and exposed infants tend to be born smaller than unexposed ones, with smaller heads. But as these children grow, brain and body size catch up.

At a scientific conference in November, Dr. Lester presented an analysis of a pool of studies of 14 groups of cocaine-exposed children — 4,419 in all, ranging in age from 4 to 13. The analysis failed to show a statistically significant effect on I.Q. or language development. In the largest of the studies, I.Q. scores of exposed children averaged about 4 points lower at age 7 than those of unexposed children.

In tests that measure specific brain functions, there is evidence that cocaine-exposed children are more likely than others to have difficulty with tasks that require visual attention and “executive function” — the brain’s ability to set priorities and pay selective attention, enabling the child to focus on the task at hand.

Cocaine exposure may also increase the frequency of defiant behavior and poor conduct, according to Dr. Lester’s analysis. There is also some evidence that boys may be more vulnerable than girls to behavior problems.

But experts say these findings are quite subtle and hard to generalize. “Just because it is statistically significant doesn’t mean that it is a huge public health impact,” said Dr. Harolyn M. Belcher, a neurodevelopmental pediatrician who is director of research at the Kennedy Krieger Institute’s Family Center in Baltimore.

And Michael Lewis, a professor of pediatrics and psychiatry at the Robert Wood Johnson Medical School in New Brunswick, N.J., said that in a doctor’s office or a classroom, “you cannot tell” which children were exposed to cocaine before birth.

He added that factors like poor parenting, poverty and stresses like exposure to violence were far more likely to damage a child’s intellectual and emotional development — and by the same token, growing up in a stable household, with parents who do not abuse alcohol or drugs, can do much to ease any harmful effects of prenatal drug exposure.

Possession of crack cocaine, the form of the drug that was widely sold in inner-city, predominantly black neighborhoods, has long been punished with tougher sentences than possession of powdered cocaine, although both forms are identically metabolized by the body and have the same pharmacological effects.

Dr. Frank, the pediatrician in Boston, says cocaine-exposed children are often teased or stigmatized if others are aware of their exposure. If they develop physical symptoms or behavioral problems, doctors or teachers are sometimes too quick to blame the drug exposure and miss the real cause, like illness or abuse.

“Society’s expectations of the children,” she said, “and reaction to the mothers are completely guided not by the toxicity, but by the social meaning” of the drug.

Research on the health effects of illegal drugs, especially on unborn children, is politically loaded. Researchers studying children exposed to cocaine say they struggle to interpret their findings for the public without exaggerating their significance — or minimizing it, either.

Dr. Lester, the leader of the Maternal Lifestyle Study, noted that the evidence for behavioral problems strengthened as the children in his study and others approached adolescence. Researchers in the study are collecting data on 14-year-olds, he said, adding: “Absolutely, we need to continue to follow these kids. For the M.L.S., the main thing we’re interested in is whether or not prenatal cocaine exposure predisposes you to early-onset drug use in adolescence” or other mental health problems.

Researchers have long theorized that prenatal exposure to a drug may make it more likely that the child will go on to use it. But so far, such a link has been scientifically reported only in the case of tobacco exposure.

Teasing out the effects of cocaine exposure is complicated by the fact that like Yvette H., almost all of the women in the studies who used cocaine while pregnant were also using other substances.

Moreover, most of the children in the studies are poor, and many have other risk factors known to affect cognitive development and behavior — inadequate health care, substandard schools, unstable family situations and exposure to high levels of lead. Dr. Lester said his group’s study was large enough to take such factors into account.

Ms. H., who agreed to be interviewed only on the condition that her last name and her children’s first names not be used, said she entered a drug and alcohol treatment program about six years ago, after losing custody of her children.

Another daughter, born after Ms. H. recovered from drug and alcohol abuse, is thriving now at 3. Her oldest, a 17-year-old boy, is the only one with developmental problems: he is autistic. But Ms. H. said she did not use cocaine, alcohol or other substances while pregnant with him.

After 15 months without using drugs or alcohol, Ms. H. regained custody and moved into Dayspring House, a residential program in Baltimore for women recovering from drug abuse, and their children.

There she received psychological counseling, parenting classes, job training and coaching on how to manage her finances. Her youngest attended Head Start, the older children went to local schools and were assigned household chores, and the family learned how to talk about their problems.

Now Ms. H. works at a local grocery, has paid off her debts, has her own house and is actively involved in her children’s schooling and health care. She said regaining her children’s trust took a long time. “It’s something you have to constantly keep working on,” she said.

Dr. Belcher, who is president of Dayspring’s board of directors, said such programs offered evidence-based interventions for the children of drug abusers that can help minimize the chances of harm from past exposure to cocaine or other drugs.

“I think we can say this is an at-risk group,” Dr. Belcher said. “But they have great potential to do well if we can mobilize resources around the family.”
http://www.nytimes.com/2009/01/27/health/27coca.html?_r=1&hp

Posted by lois at 02:54 PM | Comments (0)

January 22, 2009

MA: Gov. Patrick pushes for a state takeover of county jails, but at least one sheriff isn’t giving up his turf so easily

Of course, even where the jails are supposedly controlled by the state as in Hampden County, the sheriff still has free reign. In Hampden County, (sheriff) Ashe has found a way to both build a new jail for women AND move jail-like programs into the community...all under the guise of knowing what is best for the community and those in cages.

Patrick pushes for a state takeover of county jails, but at least one sheriff isn’t giving up his turf so easily
By Bruce Mohl
Commonwealth Magazine
Winter 2009

Bristol County Sheriff Thomas Hodgson is headed for a high-noon showdown with Gov. Deval Patrick. The Patrick administration is trying to rein in Hodgson and the state’s other elected sheriffs in an effort to consolidate control over an overcrowded state and county corrections system that oversees more than 25,000 inmates and has a combined budget of $1 billion. Patrick wants more coordination between the officials who run state prisons and the sheriffs, who run county jails and houses of correction. And his aides want the sheriffs to stop dabbling in law enforcement and start taking a more prominent role in preparing inmates for life outside prison.

Hodgson, a tough-talking Republican with an entrepreneurial flair, wants no part of Patrick’s consolidation effort. He says it makes no sense to turn sheriffs into an appendage of the stifling state bureaucracy.

“They’re trying to redefine the mission of the sheriff,” Hodgson says outside the governor’s office after a meeting in November. “This whole homogenizing of things is not in the best interest of taxpayers.”

The showdown, when it comes, will be in the Legislature and will revolve around money. The governor’s aides are playing financial hardball with Hodgson and a handful of other sheriffs, threatening to cut off all state aid unless they take off their cowboy hats and become team players.

“We’ll fund the sheriffs adequately, as long as everyone comes into the fold with the same terms and obligations,” says Kevin Burke, the governor’s secretary of public safety. “We are all part of the whole. Sheriffs and state corrections have got to work together to be efficient.”

Most of the county sheriffs say they will come into the fold, in part because they have little choice. “We have one foot in bankruptcy and the other on a banana peel,” says Plymouth County Sheriff Joseph McDonald Jr., a Republican who is facing a $10 million deficit this year. Norfolk County Sheriff Michael Bellotti, a Democrat who is facing a $6 million deficit, says there’s nothing wrong with working cooperatively with the state on corrections issues. “I don’t see any bogeyman in the details,” he says.

Suffolk County Sheriff Andrea Cabral, a Democrat, is grappling with a $25 million deficit. She says the sheriffs need more secure state funding, but she is waiting to see the details of any legislation that emerges before taking a stand.

Hodgson, facing a $6 million shortfall, is openly defiant. He calls the Patrick administration’s budgetary brinkmanship an idle threat because it will only lead to a public safety crisis. He says the consolidation of state control over county corrections is bad public policy that will result in waste and inefficiency.

“They aren’t looking at this from a public policy perspective,” says Hodgson on a telephone call from Washington, where he was holding meetings with Homeland Security officials and the Portuguese ambassador to the United States. “They’re saying, ‘How can we gobble up more control and money to take care of our state problems?’”

Constant budget shortfalls

The state’s 14 sheriffs may not be well known outside their counties, but they are politically powerful. Elected to six-year terms, they collectively employ several thousand workers, oversee more than 14,000 prisoners, and control a combined budget of $556 million. Their primary job is to lock up people from their counties who are awaiting trial or who have been sentenced to jail terms of less than two-and-a-half years.

Seven of the sheriffs — those in Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex, and Worcester counties — are already financial wards of the state. They stopped being county operations in the late 1990s, after Middlesex County went into bankruptcy. Like district attorneys, they are elected officials who seek funding from the Legislature every year. Their employees work for the state and participate in the state’s health plan and pension system.
A cell at the Ash Street
Jail in New Bedford.

The seven remaining sheriffs — those in Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth, and Suffolk Dukes counties — are part of what’s left of county government, relying on a hodgepodge of funding from the state, assessments on municipalities in each county, and excise taxes collected on county real estate transactions. All the funding is thrown into a pot and then appropriated by the County Government Finance Review Board, a Beacon Hill entity that includes officials from the administration, the Revenue Department, and the state auditor’s office.

The last few years have been rocky ones financially for the county sheriffs. With the real estate market tanking, and state and county appropriations failing to keep pace, sheriffs have been facing budget shortfalls year after year. Last year, Norfolk County Sheriff Bellotti said several vendors stopped making deliveries to him because of his inability to pay bills. He had to borrow supplies, including toilet paper, from better-off sheriffs. All of the county sheriffs have been relying on late-in-the-year supplemental appropriations from the state to make ends meet.

Leslie Kirwan, the governor’s secretary of administration and finance, says the best way to stabilize the county sheriffs financially is to make them state sheriffs, giving each of them their own line item in the budget and transferring their employees to the state payroll. Her plan would disband the County Government Finance Review Board and transfer the revenue it receives from the deeds excise tax to the state’s general fund. Municipalities would no longer have to financially support their county sheriffs, saving them about $10 million, she says.

The approach would allow state officials to monitor sheriff spending more closely, since all expenditures would show up on the state’s computer system. It would also put all 14 sheriffs on the same financial footing. Kirwan said Patrick has been clear about that: “He doesn’t want to have a hybrid situation,” she says.

Kirwan thought she had the county sheriffs’ support for a conversion bill last year, but it died, causing some hard feelings. The Patrick administration is now working with the sheriffs on a new version of that bill, but Kirwan’s patience is running thin. If a bill doesn’t pass this year, she says, the Patrick administration will seek to cut off all state funding to the county sheriffs. With the exception of Dukes County, which has no jail and relies entirely on local funds, state aid currently accounts for about two-thirds of each county sheriff’s budget.

Most of the county sheriffs are pledging to cooperate, but they insist that their budget problems are largely of the state’s own making. They say the state constantly underfunds them, and then when it bails them out at the end of the year, it doesn’t roll that money into the following year’s appropriation. “Every year it’s back to the future,” says one sheriff’s aide.

Hodgson has actually seen his state aid decline over the years. In fiscal 2001, his state aid amounted to $37.4 million. This year it’s down to $30.1 million, a drop of nearly 20 percent, even though his inmate population has increased more than 40 percent over that period.

“It’s all about control,” Hodgson says of the administration’s budget maneuvering. He says he and the other county sheriffs have asked why they can’t get a line item in the state budget while remaining county sheriffs. He quotes Kirwan’s general counsel, David Sullivan, as saying: “If we’re going to give you the money, we want more control.”

Renting beds to the feds

Seven sheriffs moonlight as federal innkeepers, renting space in their jails and prisons to the federal government. It started as a way to fill a few empty beds and bring in some extra cash, but it has mushroomed into a booming $33 million side business. The sheriffs were holding 1,200 federal inmates in November, two-thirds of them people who have been swept up in the federal government’s crackdown on illegal immigration.

“It’s the crack cocaine of county corrections,” says Sheriff James DiPaolo of Middlesex County, a Democrat whose space constraints have prevented him from holding illegal immigrants. “It’s quick money and it can be addictive.”

It is also controversial. State and county correctional facilities in Massachusetts are already overcrowded, yet many sheriffs are adding to the problem by squeezing federal detainees into their facilities. State officials grumble that some sheriffs th.
en complain about overcrowding and ask the state for more money.
Immigration detainees can spend months or years in custody awaiting deportation or fighting to stay in the country. Most of the immigration detainees haven’t committed a crime, but five sheriffs lock them up with people who have been charged with or convicted of crimes.

In a report issued in December, the American Civil Liberties Union of Massachusetts said federal immigration detainees are being crammed into sheriff cells, receiving inadequate medical care, and being deprived of their civil rights. The ACLU said the federal Immigration and Customs Enforcement agency is failing to supervise local sheriffs properly.

The sheriffs deny that immigration detainees are being treated poorly, but they make no secret of the reason they are holding them. “I need the money,” says Norfolk County Sheriff Bellotti, who earned $2 million last year holding illegal immigrants. His facilities are operating at 194 percent of design capacity, according to figures compiled by the state Department of Correction.

Frank Cousins, the Republican sheriff of Essex County, whose facilities are operating at 255 percent of capacity, says he uses his $2 million in federal revenues to pay the cost of utilities. Plymouth County Sheriff McDonald, who made $15.6 million last year holding federal prisoners and illegal immigrants for the federal government, says he is aggressively marketing his facility to land more federal business.

Hodgson is perhaps the most aggressive innkeeper of all. When he first became sheriff in the late 1990s, he closed a gym set aside for inmate exercise, giving the bleachers to a nearby community and the scoreboard to a boys and girls club. He then converted the gym into a makeshift jail for illegal immigrants detained by the federal government, eventually turning enough profit on that operation to build a separate facility that he essentially leases to the feds. His federal business brought in $6 million last year but he says it cost only $3 million to run, leaving an operating profit of $3 million that was used to pay for other sheriff operations.

The sheriffs dabble in law enforcement as well. The Barnstable and Plymouth County sheriffs, for example, do all of the crime scene investigations for their local communities. Many sheriffs run emergency dispatch systems and regional lockups and deploy K-9 units, mobile command centers, and even mounted patrol units. Middlesex Sheriff DiPaolo staffs a marine unit, complete with a boat paid for with a federal grant.

Plymouth County Sheriff McDonald says the law enforcement initiatives of sheriffs are a form of county regionalization, a top priority of the Patrick administration. He says sheriffs help relieve the financial burden of cities and towns. “Cutting funding for county sheriffs is cutting local aid,” he says.

But some sheriff spending has attracted criticism. Hodgson, for example, recently proposed a contract with his corrections officers featuring a 5 percent wage increase for each of the next three years. He said the increase was warranted because his officers earn less than any others in Massachusetts, but state officials, who must give approval for contract offerings, rejected it as excessive. “To put out ‘fives’ in an environment like this, when people are struggling just to hang on to their jobs,” Kirwan says, shaking her head. “For one, it’s unaffordable. Two, it’s inappropriate.”

Kirwan and her legal counsel also say Hodgson’s relentless appeals of a court judgment were a waste of money. In 2001, Hodgson was sued by five corrections officers who claimed the sheriff suspended them in retaliation for their union activities; he claimed they violated work rules by engaging in non-corrections activities on the job. He says two of the officers left a jail door open, putting everyone in the facility at risk.

A US District Court judge ruled against Hodgson, ordering him to pay the officers nearly $18,000 in back pay, plus their legal expenses. Hodgson appealed to the US Court of Appeals, where he lost again. Hodgson then appealed to the US Supreme Court, which refused to hear the case last month. In all, the sheriff spent more than $500,000 on legal fees and owes the corrections officers and their attorneys another $300,000.

“This is not about me being stubborn,” Hodgson says. “I have to look at the ramifications for the future if we can’t invoke our own work rules.”

But Kirwan calls Hodgson’s appeal “frivolous.” Philip Beauregard, the attorney representing the corrections officers, says the lawsuit exemplifies the free-spending ways of sheriffs. “By any standard, it is outrageous and absurd, but he gets away with it,” he says.

Bulging at the seams

At an early November meeting with the governor, several sheriffs said Patrick assured them he had no “grand scheme” to bring them under the control of the state Department of Correction, but he was looking for operating efficiencies.

What he meant by “efficiencies” is unclear, but there have been some hints. A consultant hired by the state to review long-range capital needs for corrections asked for feedback from the sheriffs on a proposal to have state prison facilities expand their clientele to include inmates with sentences longer than a year, instead of longer than two-and-a-half years. The flipside to that recommendation was a proposal to have most state inmates transferred to sheriff facilities within 12 to 18 months of their release to prepare them for community re-entry. To free up jail space at the county level, the consultant suggested that sheriffs get rid of their federal inmates and immigration detainees.

The consultant’s report is not completed yet, but the queries to the sheriffs offer some clues on what corrections consolidation might look like. State officials say they want the Department of Correction and the sheriffs to work as a team to address two of the corrections system’s major problems: overcrowding and recidivism.

Prisons in Massachusetts are bulging at the seams. State officials say their facilities, built to hold 7,900 inmates, were operating at 144 percent of capacity during the third quarter of 2008, holding 11,400 prisoners. Facilities run by sheriffs, designed for 8,700 prisoners, were operating at 161 percent of capacity, holding nearly 14,000 during the same time period.

Some facilities are more of a problem than others. The state’s maximum security prison in Shirley, which holds inmates that pose a serious threat to themselves, other inmates, or staff, is preparing to add a second prisoner in each cell. But union officials who represent corrections officers say double-bunking will lead to increased violence.

The state’s Framingham facilities for women are also badly overcrowded, in part because most sheriffs don’t have jail space for women. The state prison for women in Framingham was designed to hold 388 inmates, but it held an average of 479 women during the third quarter. The Framingham unit where women are held while they await trial is the most overcrowded corrections facility in the state. It was designed to hold 64 women but held nearly four times that number on average during the third quarter. (To reduce overcrowding there, the consultant hired by the state suggested sheriffs hold most women awaiting trial at their facilities.)

The state’s prison overcrowding problem is accentuated by a 40 percent recidivism rate, which means four of every 10 released inmates end up back in prison within three years.

Harold Clarke, the state’s corrections commissioner, says inmates who leave prison the same way they come in are far more likely to return. He wants the state to spend far more money preparing inmates for reintegration into society by addressing their literacy, vocational training, medical, and drug addiction “deficits.”

“This is not coddling offenders,” he says. “This is the best public safety we can do.”

Clarke also wants to “step down” inmates nearing release to facilities run by sheriffs, who would oversee the prisoner’s return to society. Clarke is running a pilot step-down project now with Hampden County Sheriff Michael Ashe Jr., but mandatory sentences and prison rules limit how many inmates can participate and what they can do. Only three inmates are currently participating.

Jay Ashe, the sheriff’s brother and the Hampden County jail superintendent, says he favors legislation that would give corrections officials more flexibility in reintegrating prisoners into local communities as their sentences come to an end. Some prisoners, he says, should work during the day and stay at a pre-release center overnight. Other prisoners could work and live in the community and check in with prison officials on a daily basis. “It’s not being soft on crime,” he says. “The worst thing we can do is open the jail door and just let them out.”

Reaction from sheriffs has been mixed. Many are enthusiastic about the step-down proposal but nervous about being held responsible for an inmate who goes missing while on a program outside the prison. Hodgson says he is opposed to releasing inmates unsupervised into the community. He says they often return with drugs that they sell to other inmates. “I’m not interested in work release,” he says.

‘Close to the end’ for Norfolk County?

Gov. Patrick consolidated control over the state’s educational establishment, and now he’s trying to do the same thing with transportation. Corrections may be next on his list, but administration officials are talking only in general terms about it at this point.

From a policy standpoint, the administration is beginning to argue that better top-to-bottom coordination of corrections will reduce overcrowding and, possibly, recidivism. But officials haven’t yet identified any significant savings that would result, an argument that would carry significant weight in the current economic environment.

Politically, county corrections is a minefield. The governor is dealing with 14 elected officials, and each one defines his or her job differently. They also wield considerable power in the Legislature, and most county officials will probably oppose any attempt to transfer a county sheriff’s operation to the state payroll.

Francis O’Brien, chairman of the Norfolk County commissioners, says the loss of Sheriff Bellotti’s operation to the state would remove roughly 400 of the county’s 520 employees and leave the remaining operations — an engineering department, a golf course, an agricultural school, the Registry of Deeds, and particularly the county’s pension system — in a precarious situation. “It will be close to the end if we lose the sheriff,” he says.

Sen. James Timilty, who represents Bristol County and is the Senate chairman of the Committee on Public Safety and Homeland Security, is a huge fan of Sheriff Hodgson (“He’s one of the closest things to a private sector entity in government”) and a skeptic when it comes to giving the state more control over the sheriffs.

“There’s a lot of people who don’t like county government because of the historical problems with it, but that’s largely gone,” he says. “This is not the time to kill regional government. In fact, it’s the time to look at it as the regional answer.”

Among the county sheriffs, most are so desperate for money that they will jump at the chance to get a line item in the state budget. The exceptions are Hodgson, Nantucket County Sheriff Richard Bretschneider (who doesn’t run a jail and receives almost no state money), and possibly Suffolk County Sheriff Cabral.

Plymouth County Sheriff McDonald says the pressure he is feeling is enormous. “The bottom line message is: You’re coming over to the state willingly or we’re going to bankrupt you and take you over,” he says. He hopes acceptable legislation passes soon, but he says everyone is jittery. “It takes many people to pass legislation, but only one to derail it.”

© 2007 MassINC

Posted by lois at 04:56 PM | Comments (0)

January 21, 2009

Report Faults Treatment of Women Held at Immigration Centers in AZ

Report Faults Treatment of Women Held at Immigration Centers
By DAN FROSCH
Published: January 20, 2009

Some 300 women held at immigration detention centers in Arizona face dangerous delays in health care and widespread mistreatment, according to a new study by the University of Arizona, the latest report to criticize conditions at such centers throughout the United States.

The study, which federal immigration officials criticized as narrow and unsubstantiated, was conducted from August 2007 to August 2008 by the Southwest Institute of Research on Women and the James E. Rogers College of Law, both at the University of Arizona. It was released Jan. 13.

Researchers examined the conditions facing women in the process of deportation proceedings at three federal immigration centers in Arizona. An estimated 3,000 women are being held nationwide.

The study concluded that immigration authorities were too aggressive in detaining the women, who rarely posed a flight risk, and that as a result, they experienced severe hardships, including a lack of prenatal care, treatment for cancer, ovarian cysts and other serious medical conditions, and, in some cases, being mixed in with federal prisoners.

Katrina S. Kane, who directs Arizona detention and removal operations for Immigration and Customs Enforcement, dismissed the study as unsubstantiated accounts from a limited number of detainees and their advocates.

“Reports such as this, while alleging to be unbiased, do great harm to the public’s understanding of the complex issues involved in immigration law enforcement,” Ms. Kane said.

The director of border research for the institute on women, Nina Rabin, an immigration lawyer who led the study, countered that interviews with detainees, former detainees and their lawyers corroborated a pattern of endemic mistreatment.

And Ms. Rabin said she had spoken with immigrant advocacy groups around the United States, many of whom stated that mistreatment of women at the centers was not unusual.

“We were pretty shocked to learn about all the ways in which life is made endlessly difficult for these women,” Ms. Rabin said, especially those who were pregnant or had recently given birth.

The immigration department has been under increasing pressure to improve conditions at its detention centers. The federal Government Accountability Office and the inspector general’s office at the Department of Homeland Security have each released reports in the last three years criticizing standards at such centers, many of which are operated by private contractors.

Last September, the immigration department announced plans to improve conditions at its detention centers, but the new rules will not fully take effect until 2010. Meanwhile, Congress has been weighing whether to impose its own requirements on the department after a New York Times article on immigrants who died in federal custody.

The three centers that the study focused on are not run by the immigration department but by the Pinal County Sheriff’s Department and the Corrections Corporation of America.

“We strictly enforce all national ICE standards,” Ms. Kane said, “and if we find those standards are not being met and we feel the deficiencies are not being corrected, we locate our detainees to other facilities.”

In one of several cases documented in the study, a woman being held at the Central Arizona Detention Center in Florence who experienced excruciating abdominal pain for months after she had been forced to undergo female genital mutilation in West Africa was told by the center’s staff to “exercise and watch her diet,” her lawyer at the time, Raha Jorjani, said. After nearly six months, the woman, who had been convicted of a nonviolent crime, was taken to a hospital where an ultrasound revealed a cyst the size of a five-month-old fetus, Ms. Jorjani said.

Immigration officials then suddenly released the woman with no money or health insurance to treat the cyst, Ms. Jorjani said.

“That she had to remain in detention at all during this period is egregious,” Ms. Jorjani said. “She shouldn’t have had to get that sick for immigration to consider her request for release.”

Ms. Kane, the department spokeswoman, said that this was the first the agency had heard of the case and that it took accusations of mistreatment seriously.

In one case the study described, an illegal immigrant identified as Ana, who had come to the United States from Mexico as a baby and served a brief stint in jail for using a fake credit card, was being held at the Central Arizona Detention Center.

Although Ana was six months pregnant and had an ovarian cyst, she was ordered to use a top bunk and denied a sonogram and prenatal vitamins during the five weeks she was held, the study said.

Three women also told a local immigrant rights group that they had suffered miscarriages while in detention in the last three years, according to the study.

Ms. Kane said that while her department could not corroborate any of the report’s accusations, it had found that a detainee’s contention that she had not received treatment for cervical cancer had proved false.
A version of this article appeared in print on January 21, 2009, on page A23 of the New York edition.
http://www.nytimes.com/2009/01/21/us/21immig.html?ref=us

Posted by lois at 08:48 PM | Comments (0)

January 19, 2009

OK: Report: Rethink corrections policies or risk federal oversight

Report: Rethink corrections policies or risk federal bout

by Marie Price, The Journal Record
January 14, 2009
http://www.journalrecord.com/article.cfm?recid=95123

OKLAHOMA CITY – Oklahoma’s swelling inmate population shows the
need to rethink corrections policies to avoid another bout with
federal-court oversight of the prison system or a state budget
where corrections needs crowd out funding for others, members
of the Oklahoma Academy were told Tuesday.

In the organization’s report “Oklahoma’s Criminal Justice
System: Can We be Just as Tough but Twice as Smart?” a key
recommendation is a hard look at a state law that requires
those convicted of certain serious crimes to serve at least 85
percent of their sentence before being considered for parole.

Report Co-Chairman Marc Edwards, an Oklahoma City attorney,
said the “85-percent rule” was initially adopted in 1996 along
with a new sentencing matrix, which was jettisoned while the
85-percent requirement remains in place.

Neville Massie, executive assistant to the corrections
director, said a recent audit showed that most of the growth in
the state’s prison population is attributable to the longer
sentences required under laws such as the 85-percent rule.

Other recommendations include reducing incarceration of women
and preventing people from entering the prison system through
increased use of alternatives such as drug courts, more
regional and community alternatives and addressing addiction
and mental health issues.

Academy Chairman Howard Barnett said the report is the result
of work that began at a three-day town-hall conference in
Ardmore last October.

Secretary of State Susan Savage said the academy took on a
tough issue, one that is always at the forefront of legislative
and budgetary matters.

Savage said addressing some issues can only be accomplished
over the long term.

“It is not a quick fix,” she said.

Former state Rep. David Braddock said improving the state’s
criminal justice system is the right thing to do, but a
difficult task from which some lawmakers shrink for political
considerations.

Braddock said Oklahoma’s “tough on crime” stance has been used
by opponents to defeat some more reform-minded legislators.

“Our job, if anything, is to point out that the system is not
working,” he said.

Braddock said statistics such as being number one in the
incarceration of women are unacceptable.

“We need some common-sense, intelligent reforms that will serve
us better for the future,” he said. “We can change Oklahoma’s
criminal justice system, but it has to be ‘we.’”

Braddock said the state is in for a “huge train wreck,” with
the possibility of a $1.5 billion corrections budget in 10
years, if nothing is done.

Former state Sen. Cal Hobson said the state has pulled back on
laws that provided for some relief on the prison population by
releasing some inmates early, as well as adopting the
85-percent rule, which originally targeted only severe crimes
deemed the “seven deadly sins.” He said it now covers about 19
offenses.

“There’ll be more by May,” Hobson said, referring to the end of
the legislative session.

Hobson said Oklahoma’s corrections budget is “number three and
battling to be number two.”

He pointed out that the cap law was enacted in the early 1980s,
when the state faced a fiscal problem due to plummeting oil
prices.

“This problem will only be solved in a time of crisis,” Hobson
said.

Lawmakers were recently told they will have much less to
appropriate this session than last.

Commissioner Terri White, of the Oklahoma Department of Mental
Health and Substance Abuse Services, outlined her agency’s
“Smart on Crime” proposal, which calls for addressing addiction
and mental illness as the diseases science has proven them to
be, to stem the flow into the prison system of individuals who
suffer from them.

“If we locked up people for having diabetes, there would be a
public outcry,” White said.

The proposal also calls for screening, prevention and
intervention strategies to identify these issues early on, as
well as treatment of those incarcerated.

The agency estimates that the plan will cost about $30 million
per year.

White also said that 76 percent of women in Oklahoma prisons
have some form of mental illness, compared with about 40
percent of men.

Massie said meeting the needs of women in prison involves
addressing issues such as trauma and abuse, which many female
inmates have experienced in their private lives, as well as
their responsibilities regarding children.
Bruce DeMuth, chief of staff with the Oklahoma Department of
Career Technology and Education, stressed the need to improve
Oklahoma’s educational statistics, as a way to reduce the
prison population.

He said that in Oklahoma about 62 percent of inmates are high
school dropouts.

Improving the state’s graduation rate by just 6.4 percent would
increase overall income by $830 million, the gross state
product by $2 billion and state revenues by $76 million, DeMuth
said.

The Rev. Stan Basler, director of Criminal Justice and Mercy
Ministries at Oklahoma Conference United Methodist Church, said
the best policy is to keep people from going to prison in the
first place. However, he said the state needs to do more to
assist those just-released from prison, who face hurdles in
securing housing, jobs and other support, as well as basic
items such as driver’s licenses.

Posted by lois at 11:18 PM | Comments (0)

January 14, 2009

VA: Doctor refused to treat woman while she is shackled

The Free Lance-Star, Fredericksburg, VA

Shackles not what doctor ordered
A Fredericksburg doctor this week refused to treat a handcuffed inmate

Date published: 1/14/2009

BY JIM HALL

When Dr. Declan Burke, a Fredericksburg obstetrician/gynecologist, walked into his exam room Monday, he discovered that his patient, a female jail inmate, was in handcuffs.

"Please take off the manacles," he said to the correctional officer who was with the inmate.

"No, I can't," the guard replied.

Burke insisted, so the officer called her supervisor at the Rappahannock Regional Jail. The supervisor agreed with the officer. The handcuffs would remain in place during the exam.

Burke said he wanted the handcuffs removed to examine the patient completely. It was the first time in 20 years that he has refused to treat a jail inmate.

The superintendent of the regional jail in Stafford County said that restraints are needed to prevent violent behavior.

"I respect his office policy," said Joseph Higgs, "but I am not going to compromise the safety of that doctor, his nurse or my officer by removing restraints on an inmate that may well have created a problem."

Health workers must sometimes restrain unruly patients. But what about the patient who arrives for treatment in shackles? Can a doctor insist that they be removed?

Several hospitals, state legislatures and departments of corrections nationwide have debated the shackling of pregnant inmates during labor and delivery.

At Mary Washington Hospital's emergency department, prisoners from the Rappahannock Regional Jail are not shackled while being treated.

"The handcuffs are removed, and a prison guard sits one-on-one with the patient," said Kathleen Allenbaugh, hospital spokeswoman.

When state inmates are taken for medical care, the decision whether to shackle during treatment is made on a case-by-case basis, said Larry Traylor, spokesman for the Virginia Department of Corrections.

"Several factors come into play," Traylor said in an e-mail. "The most significant being the offender's history of behavior. When possible we will consider removal of either the handcuffs or the leg irons depending on the area that requires treatment."

Burke described his patient as a "small, frail-looking woman" in her 30s. He said he did not know her criminal history. She was there because of complications of a hysterectomy.

Burke said the guard removed the prisoner's leg shackles for the pelvic exam. He also said he wanted the handcuffs removed to do a breast exam.

With the handcuffs in place, "I could have done a limited exam. I couldn't have done the adequate exam I wanted to do," he said.

Burke said he did not fear for his safety. His nurse and the guard were in the room.

The guard and inmate eventually left Burke's Central Park office without the inmate being treated.

Higgs said the jail's policy is consistent for all prisoners, male or female, sentenced or accused.

"Normally, when we take them out into the community, even to funerals, they remain cuffed," Higgs said.

Burke's patient had been convicted in Stafford County and had a history of violence, Higgs said.

"The doctor has no knowledge of the history of this inmate at this facility. We do," he said.

The inmate will see another doctor and will be handcuffed during the exam, he said.

http://fredericksburg.com/News/FLS/2009/012009/01142009/438371

Posted by lois at 09:10 AM | Comments (0)

January 13, 2009

Sex Workers Outreach Project: articles in the Washington Post and Newsweek on Protests in DC

Sex Workers Criticize Law Enforcement

By Theola Labbé-DeBose
Washington Post Staff Writer
Thursday, December 18, 2008; B03

Dozens of sex workers marched through the streets of downtown Washington yesterday, demanding better treatment from law enforcement officials of prostitutes who become crime victims.

Clutching red umbrellas and carrying signs that read, "Sex Work Is Real Work" and "Stop Shaming Us to Death," the men and women came from San Francisco, New York and other cities across the country to publicize a rarely discussed issue that they say is not taken seriously.

The rally and march was organized by the Sex Workers Outreach Project, a San Francisco-based nonprofit, and coincided with today's fifth anniversary of the sentencing of Gary Leon Ridgway, a Seattle man known as the "Green River Killer" who was convicted of murdering 48 prostitutes in 21 years. The lowly status of prostitutes in society, rally participants said yesterday, explains why the crimes went unsolved for so long.

"I'm just so tired of hearing, 'If I choose to do X, then I put myself on the line,' " said Charmus, 34, a transgender woman who gave only her first name. She lives in Maryland and said she has worked as a prostitute. "Transgender women, prostitutes, you have a right to fight for due process," she said to the crowd assembled at a downtown park.

As professional workers filed out of buildings in suits and ties on their way to business lunches, the rally crowd marched from Franklin Square at 14th and I streets NW to the Justice Department in the 900 block of Pennsylvania Avenue NW. Along the way, the marchers encountered some bemused looks at signs reading, "Be Nice to Sex Workers."

A 33-year-old man from New York City who gave his name as Wally said he works as an escort in Manhattan. He has been fortunate not to be a crime victim, he said, but he made the trip to show solidarity.

"I do this to survive," he said.

Once the protesters reached the Justice Department, they stood on the sidewalk and told their stories under the watchful eyes of federal police officers. Leila, a 24-year-old woman from San Francisco, shared an experience that she said showed the importance of sex workers banding together.

Leila said a client wanted to pay her at the end of their date and even provided his passport as collateral. She was skeptical, but agreed. Then the client said he needed to take money out of the bank, and she went with him. But at the teller, the client asked for his passport back for identification. When Leila handed it back, the man ran.

Leila told the protesters that she chased the man and even caught up with him. He punched her in the face. But when she complained to police, she said, they threatened to arrest her for working as a prostitute.

Since the date was arranged online, Leila said, she went to her computer and noticed warnings about the client posted by other women. The women shared information about him, and eventually they found his workplace and told his boss that the man had been meeting prostitutes during the workday and assaulting them. He was fired, Leila said.

"Alone, we're just prostitutes on the corner and no one respects us," she said. "Together we are a political movement, and we can change things."
http://www.washingtonpost.com/wp-dyn/content/article/2008/12/17/AR2008121703357_pf.html

What Sex Workers Want

Will decriminalizing prostitution make it any safer?
Dina Fine Maron
Newsweek Web Exclusive

Sharmus, a tall transgendered woman, bundled up in a hooded-coat and scarf, looked out at the crowd gathered earlier this week in Washington. The crowd, mostly young and middle-aged women, were clutching red umbrellas and signs proclaiming, "STOP SHAMING US TO DEATH" and "STOP THE WAR ON WHORES." Sharmus, who uses that name for her work in the sex industry, was speaking at the sixth annual International Day to End Violence Against Sex Workers.

Ignoring the stares of a few passers-by, Sharmus took a deep breath and began to talk about an incident in early December when a customer shot at and tried to rob her. It wasn't the first time she'd been threatened with a weapon or assaulted. During her seven years in the sex industry she says she has contacted the police on four separate occasions to report an attack. And each time, she felt blamed by the police or the prosecutor for what happened. Twice, she says, police officers have reprimanded her for putting herself in a risky situation.

According to the rally's organizers, and other similar organizations, the only way to really protect sex workers like Sharmus, is to make what they do both legal and legitimate. That, they say, would make it easier for them to go to the police for protection without fear of prosecution or callous treatment. But would legalizing the sex industry make its workers any safer? The question is far from settled.

Carol Leigh, a San Francisco-based advocate for the decriminalization of prostitution who attended the D.C. event, says she was raped at age 28 while working as a prostitute. "I couldn't call the police because I certainly felt that they wouldn't take the crime seriously," she says. She feared they would just close down the place where she worked.

In Sweden, authorities have made it legal to sell sex but not to buy it. In 1999 they passed a law that encourages law enforcement to aggressively prosecute johns. Their theory is that sex workers will be more likely to come forward and get help or report a violent customer if they don't fear prosecution. The Swedish national police board reports that since it began levying charges against johns, the number of prostitutes has decreased by as much as 40 percent, and there's been a significant reduction in the number of women trafficked into the country for use in the sex trade.

However, some sex-work advocacy organizations suggest sex workers in Sweden have just become further marginalized and conduct their affairs more privately. Stacey Swimme, a national board member for the Sex Worker Outreach Project-USA, a group that helped organize the D.C. march, does not think the model would be a good fit in America. She says that sex workers will protect their source of income, the johns, and thus will be hesitant to report them. "Anything that pushes sex workers and their clients further into the underground economy is still compromising the safety and the health of sex workers," she explains.

Prostitution is legal in only a few parts of Nevada, but legalization initiatives elsewhere in the United States have failed. On Nov. 4, San Franciscans voted down a proposal that would have prevented city government from using city funds to prosecute either johns or prostitutes. Sex worker activists and the San Francisco Democratic Party supported the legalization efforts. But whether legalization would help reduce violence against sex workers is unclear. A 2007 study by San Francisco psychologist and prostitution expert Melissa Farley found that in places where commercial sex is legal—such as some Nevada counties, Germany, Australia and the Netherlands—both illegal prostitution, as well as the number of rapes and assaults against prostitutes, has increased.

San Francisco District Attorney Kamala Harris and Mayor Gavin Newsom strongly opposed the proposition's passage, saying it could compromise their ability to prosecute human traffickers and would not do much to help protect sex workers from violence. Maxine Doogan, the founder of the Erotic Services Providers Union and the proponent of the proposition, said that by repeatedly linking prostitution and human trafficking, the D.A. and the mayor were simply using "fear tactics" to defeat the ballot initiative.

Swimme and other legalization advocates say blurring that definition of human trafficking and sex trafficking is a mistake. They note that human trafficking numbers also include forced labor, a kind of modern-day slavery. The U.S. government estimates that the human trafficking industry involves 600,000 to 800,000 people worldwide—about 80 percent of those trafficked are women and up to 50 percent are children. It is difficult to identify how many of those women and men engage in non-consensual sex work in the United States because the practice often occurs in isolated settings like massage parlors or is organized via the Internet or phones. But it's clear that individuals trafficked across country borders or within the United States are prone to sexual coercion. And the U.S. Department of Justice reports that among those trafficked worldwide "there are hundreds of thousands of teenage girls, and others as young as 5, who fall victim to the sex trade."

Despite these numbers, some anti-trafficking advocates suggest that U.S. policy on human trafficking is too focused on prostitution. Ann Jordan, director of the Anti-Trafficking Initiative of the International Human Rights Law Group, said in her congressional testimony last year: "The broad scope of the U.S. anti-trafficking policy has been gradually narrowed to fit an anti-prostitution agenda that is based on the unproven belief that all prostitution (even legal prostitution in Nevada) is trafficking; and so criminalizing prostitution, as well as clients, is promoted as a purported means to stop prostitution and to stop trafficking for prostitution." But this policy is unlikely to change in an Obama administration. When questioned by pastor Rick Warren during the campaign, the president-elect drew a connection between prostitution and modern day enslavement, so it seems doubtful that he would consider a platform that would legalize the sex trade.

Short of legislative change, sex workers in the D.C. march are hoping for a seat at the table, says Swimme. Her organization and others want to be included in discussions by the secretary of state and the Department of Human Services on human trafficking, sex work and HIV-AIDs-prevention efforts. "Right now, while everybody is a criminal, nobody is talking about safety," she says. "And that is really what our message is: by criminalizing us we are being silent and our health and our safety are at risk. We are vulnerable."
URL: http://www.newsweek.com/id/176267

Video from demonstration................

http://blip.tv/file/1619080

This and other news about organizing can be found at www.realcostofprisons.org/b

Posted by lois at 09:26 AM | Comments (0)

January 12, 2009

Lullabies Behind Bars In a few innovative prisons, babies find a safe haven with their moms

NATIONAL NEWS | fall 2008
Ms. Magazine
Lullabies Behind Bars
In a few innovative prisons, babies find a safe haven with their moms

By Beth Schwartzapfel

It's midday on a recent Tuesday, and Rachael Irwin, 27, scurries across the floor on her hands and knees, playing peekaboo with her 10-month-old daughter, Gabriella. The baby’s big blue eyes dance with delight. Like many children her age, Gabriella is in day care. Unlike most children her age, though, Gabriella is in prison. She and her mother are participating in the Bedford Hills (N.Y.) Correctional Facility’s nursery program, one of only nine programs in the country that allow incarcerated women to keep their babies with them after they give birth.

Nationwide, nearly 2 million children have parents in prison. The number of those with incarcerated mothers, in particular, is growing exponentially: A recent report from the Bureau of Justice Statistics found that the number of minors with mothers in prison increased by more than 100 percent in the last 15 years.

“These children are sort of victims by default,” says Paige Ransford, research assistant at the Center for Women in Politics and Public Policy at the University of Massachusetts (UMass) Boston, and coauthor of the recent report “Parenting from Prison.” Most of the children go live with grandparents or other relatives; one in 10 is placed in foster care. About half are separated from their siblings. These children are prone to a whole host of social developmental difficulties, and are more likely than their peers to be in trouble with the law later in life.

In the case of women who enter the system as mothers-to-be, the usual excitement of pregnancy is replaced with a sense of dread. The choices that, on the outside, are understood to be a woman’s right—such as where and how to give birth, and whether or not to breastfeed—are transferred from the woman to bureaucrats and officers at the state Department of Corrections (DOC).

Of the 115,308 women incarcerated in the U.S. as of 2007, some 4,000 women—4 percent of women in state custody and 3 percent in federal— were pregnant when they entered prison. In the vast majority of cases, babies are removed from their mothers immediately after birth and placed with relatives or in foster care. However, a small but growing number of states are recognizing that the mother-child bond formed in the first few months of life is crucial to the child’s development, and that the bond need not be broken.

“We’re definitely seeing more states grapple with what it means to send women to prison, some of whom are pregnant,” says Sarah From, director of public policy and communications for the Women’s Prison Association (WPA) and coauthor of the agency’s forthcoming report on prison nurseries. Eight states now have some sort of program to house female offenders together with their newborns, the newest being Indiana. The West Virginia legislature recently passed a bill establishing a program in its correctional facility for women, which is slated to open in 2009.

babys playing togetherThese programs vary widely in the length of time babies are allowed to stay with their incarcerated mothers and in the services provided while they’re in prison with them. South Dakota’s program allows babies to stay for just 30 days—with the mother in her regular cell—while Washington state allows children to stay for up to three years with their mothers in a separate wing of the prison. The Washington facility offers a federal Early Head Start program for prenatal health and infant-toddler development, and partners with the nonprofit Prison Doula Project to provide doula services to the women during and after pregnancies.

Originally started way back in 1901 when the prison was a state reformatory, the Bedford Hills Program is the oldest and largest in the country, with its own nursery wing and space for up to 29 mother-baby pairs. Women live with their babies in bright rooms stuffed with donated toys and clothes. During the day, while the women attend DOC-mandated drug counseling, anger management, vocational training and parenting classes, their children attend a day care staffed by inmates who have graduated from an intensive two-year Early Childhood Associate vocational training program.

Although the idea of babies living the first months of their lives behind bars is sad to contemplate, many experts say that the alternative—separating them from their mothers—is far worse. “If a woman is serving a short sentence and can look forward to a life with her child…so much research addresses the importance of that early bonding relationship,” says Sylvia Mignon, associate professor and director of the graduate program in human services at UMass Boston and coauthor, with Ransford, of the “Parenting from Prison” report. “The reality is, an infant does not know that she is in prison. All she knows is that she’s getting the warmth and love and attention of this wonderful being called mom.” Among women serving sentences of more than a decade, however, there is no clear consensus on what’s best for the child; the Bedford Hills program generally only accepts women serving sentences of five years or less. “We don’t want to create a bond that’s guaranteed to be broken,” says the children’s center program director, Bobby Blanchard.

Unlike in the general prison population, doors in the program are never locked; inmates must be able to come and go freely in order to warm bottles, do laundry and comfort crying children out of the earshot of other sleeping babies. Rooms are decorated with photographs and handmade posters that say things like, “Loving yourself is something to be proud of!” Danielizz Negron, 23, rocks her 4-month-old son, Jeremiah, while he naps in a stroller. She was six months pregnant when, after a year of fighting burglary charges, she accepted a plea deal and turned herself in. “If I had not known about this program, I would not have came in. I would’ve been in Mexico somewhere by now,” she says, only half-joking.

As the number of prison nurseries continues to grow, some caution against becoming overly sanguine. Prison nurseries are wonderful programs, says the WPA’s Sarah From, however “we shouldn’t be looking to build more prison nurseries, but rather work in the community to put less women in prison.”
http://www.msmagazine.com/Fall2008/LullabiesBehindBars.asp

Posted by lois at 05:10 PM | Comments (0)

How the Madoff Mess Hits Women

How the Madoff mess hits women
With two progressive organizations forced to shutter, it isn't just wealthy individuals being affected by the investment scandal.
Salon.com
Nancy Goldstein

Jan. 07, 2009 |

For all the ink that's been spilled on the Madoff investment scandal, I've read nothing about its impact on funding for progressive women's causes -- which is considerable. Simply put, only a small pool of foundations are funding litigation and advocacy work related to criminal justice or constitutional rights; the pool that supports related programs targeted to women is smaller still. With the recent shuttering of two of Madoff's clients, the Picower Foundation and the JEHT Foundation, that pool has shrunk to a puddle.

Picower was one of a handful of foundations willing to stick their necks out and significantly fund the three organizations that handle virtually all major reproductive rights-related litigation and legal advocacy in the United States. Now the Center for Reproductive Rights needs to make up a $600,000 shortage in 2009; Planned Parenthood is out $484,000; the ACLU's Reproductive Freedom Project is off $200,000.

The economic crisis makes it particularly difficult to replace that kind of money. Meanwhile, there's a backlog of bad new laws that need to be contested. It's likely to grow this year with the popularity of mandatory ultrasound laws for abortion patients, one of the favorite new litigation strategies of antiabortion activists. (Seventeen states considered more than 30 ultrasound bills in 2007 alone.)

Consequently, there's a lot riding on the Center for Reproductive Rights' recent challenge to Oklahoma's law, the harshest in the country. It compels physicians one hour prior to performing an abortion to do an ultrasound on the patient and point out various features, while -- per CRR's press release -- "preventing a woman from suing her doctor if he or she intentionally withholds other information about the fetus, such as a severe developmental defect." (Translation: information that might influence a woman to terminate a risky pregnancy.)

But who's going to fund this very expensive suit? Or the challenges to similar laws that will pass while this case is in court? Women also stand to lose ground with the closing of the JEHT Foundation, one of the country's premier funders of criminal justice reform initiatives, including drug policy reform. Both issues have particular resonance for women. Thanks to stringent mandatory sentences for even first-time, nonviolent drug offenders, women's rate of incarceration grew by 757 percent between 1977 and 2006 -- nearly twice the rate for men. Women of color, who are scrutinized, prosecuted and punished more harshly for drug-related offenses than their white counterparts, bear the brunt of these policies.

JEHT, like Picower, was a rare grant maker in an already select field. It funded initiatives aimed at ameliorating the hardships women face as a consequence of their involvement with the criminal system, including grants to the Corporation for Supportive Housing and the Stop Prisoner Rape Project. Additionally, Sarah From, director of public policy and communications for the Women's Prison Association, lauds JEHT for "being one of the few foundations to fund criminal justice policy reform." (JEHT provided WPA with seed money to start its national Institute on Women and Criminal Justice.)

"They addressed a real need in the field," says From. "Now there will be fewer resources for this work overall, and we'll have to work harder to convince new funders to take a look at our issues for the first time."

Vivian Lindermayer, CRR's director of development, sounds uncannily similar talking about Picower. "They understood the critical role litigation and legal advocacy play in securing women's equal access to quality reproductive healthcare. Picower's closing will have a major impact on CRR and organizations like us."

The media's obsession with wealthy individuals who have been ruined by Madoff and feel betrayed is understandable. But when that story wears thin, let's hope the cameras will document the effect of the $42 million shortfall that progressive nonprofits will face in 2009 without funding from JEHT and Picower. We've only just begun to understand the implications of that loss for women's health and human rights.

-- Nancy Goldstein

http://www.salon.com/mwt/broadsheet/feature/2009/01/07/madoff_health/print.html

Posted by lois at 04:59 PM | Comments (0)

January 05, 2009

MI: Sexual Abuse of Women Went Unheeded- 2 of 5 articles and Human Rights Watch Report

SPECIAL REPORT | CHAPTER 1
Sexual assaults on female inmates went unheeded
Detroit Free Press
BY JEFF SEIDEL • FREE PRESS STAFF WRITER • January 4, 2009

First of five parts

For years, rights groups warned that male guards were sexually assaulting female inmates in Michigan prisons. For years, those warnings went unheeded. Now, state taxpayers may pay a price too. More than 500 women are suing. They stand to collect $50 million so far, with more trials to come. This is their story.

Toni Bunton heard the guard coming down the hallway. He wore cheap cologne, and his breath smelled like cigarettes.

He scuffed his boots against the floor and opened the door to her cell in Scott Correctional Facility, a women's prison in Plymouth Township.

"Come here," he ordered.

The guard pulled Bunton into a bathroom. She wore jogging pants, a T-shirt and socks.

She was the guard's prized possession, a pretty young thing, as he said, "just the way I like 'em," -- short and cute with brown hair, brown eyes and porcelain skin.

"Shhh!" he demanded.

He yanked down her underwear and pushed her against the sink.

"No!" she screamed in her head. "No, please, no!" But she was scared to death, and the words wouldn't come out. "I'm choking, please, stop, I'm going to die," she thought.

And he raped her.

Bunton said nothing. It would become the theme of her life, a way to survive the next 16 years in prison.

When he was done, he stepped back. "Shhh!" he said, with his finger to his lips. He smiled and left. Bunton stood there, numb, her pants at her ankles.

She was 19.

Bunton said she was raped seven more times by prison guards between 1993 and 1996. She is among more than 500 women who say they were sexually assaulted by guards at several Michigan prisons in the 1990s as officials ignored or dismissed warnings by human rights groups that male guards were preying on female inmates.

A class-action lawsuit against the Michigan Department of Corrections has already yielded verdicts reaching an estimated $50 million, when interest and fees are included. And that's only for the first 18 women. With most yet to testify, and lawyers for the state insisting they have no intention of settling, Michigan's beleaguered taxpayers could face hundreds of millions of dollars in damages.

"A prison is not supposed to turn you back out to society with more harm than when you came in," said Deborah LaBelle, an Ann Arbor civil rights lawyer who led a team that sued on behalf of the women. "No one, no one in this country, no one in a civilized society is sentenced to be raped and assaulted in prison."
The state's defense: Why didn't they speak up?

It wasn't just the rapes. Many women said they were routinely molested by guards who took advantage of rules that required them to meet a daily quota of pat-down searches for weapons, drugs or other contraband.

Inmates said guards ran their hands over the women's legs, buttocks and breasts under the guise of security. When it became clear the guards wouldn't be punished, some grew so brazen that they fondled women in front of other inmates and guards, or openly masturbated in the prison yard, according to trial testimony.

It is against the law for guards to have sexual contact with prisoners, even if there is consent. Some guards convinced women to submit to ongoing sexual relations in return for "protecting" them from fellow guards.

For years, Bunton kept quiet. She was afraid to speak up. She was a prisoner, after all, a convicted felon, afraid the allegations would not be taken seriously. Afraid of retaliation.

But after years of delay, the case involving the first 10 women, including Bunton, reached a courtroom last winter.

The state had a simple defense: These women are prisoners, and prisoners lie; if something did happen, it was the act of a few rogue guards; and if something did happen, the women didn't report it. So how could the Department of Corrections prevent what it didn't know was happening? The state said it thoroughly investigated any allegations it knew about and the claims of abuse were exaggerated.

"To say the department just sat back and did nothing, just let everybody run the place is just totally false," Allan Soros, an assistant attorney general, said at the first trial.

Nonetheless, a series of human rights reports throughout the 1990s said sexual assaults on female inmates were rampant and corrections officials tolerated the climate.

Since then, the state says it has made changes. They include refined work rules to prevent sexual misconduct or harassment by guards, tougher legal penalties for guards who have sexual contact with inmates and a policy to refer allegations to the Michigan State Police, as well Corrections Department internal affairs, for investigation.
No matter their pasts, listen to their stories

LaBelle said the legal action, at its heart, was about human rights. About women coming out of the shadows and getting a chance to tell their stories.

Bunton and the other women who testified are no saints. The group includes convicted murderers, thieves and drug dealers.

But Bunton, now 35, says it's important to listen to all of them, no matter their past.

"People don't know what goes on inside prison," Bunton said. "I think a lot of people don't care, unless it directly affects them. I want people to know this is going on in your backyard, and you might not care because it might not affect you, but you should care. This is not really about sexual harassment. This is about civil rights, basic fundamental rights of human beings."
June 10, 1991: A favor turns to murder

Bunton knew the guys as Pook and Timbo and Poodle, friends of her cousin, all of them teens in Detroit. They were planning to sell marijuana, and the deal was set, but they needed a ride, according to Bunton. One of the guys said: Let's steal a car.

Bunton said: Oh, no, I'll take you.

At the time, she said, it didn't sound monumental or deadly, a trip that would ruin the lives of nearly all involved.

"I know it's stupid now," Bunton said recently. "I think it is really stupid ... but at 17, uh, I didn't see the harm in it."

Bunton had a clean record, no history of drug involvement. According to records from the case, she dropped off the teens at a gas station on Livernois in southwest Detroit.

"Just drive around the block and come back," she said she was told.

She was in a white Mustang, and was halfway around the block when she heard gunshots.

She began driving faster and ended up going down a dead-end street. Bunton turned the car around and, now, the teens were running toward her -- Pook and Timbo and Poodle -- and they were waving guns. She said later she had no idea they had guns. They jumped into her car, screaming and shouting, saying they had "popped" somebody.

The two buyers had been shot.

Police found Omar Kaji, 19, dead from a single gunshot wound to his head. He was slumped at the wheel of a Monte Carlo. He had a 9-mm automatic pistol.

His twin, Ayman, was shot several times. He was lying by the passenger door.

Later, police would suggest, it was a setup -- by both sides. The buyers didn't have money to make a deal. All they had was a wad of blank paper, wrapped with a $20 bill. The sellers, meanwhile, didn't have any pot.

Ayman Kaji admitted that he and his brother planned to steal the marijuana.

He identified one of the teens with Bunton that night, Jose Burgos, 16, as the shooter.

"He got in the car and just started shooting," Kaji said. Kaji remains paralyzed from the neck down.
A murder conviction, and a harsh sentence

Bunton said she dropped the teens off and went home.

The next day, police took her to police headquarters for questioning.

After signing a statement detailing her role, Bunton thought she was going home. She said she didn't know that, even though she didn't pull the trigger, she could be held just as culpable as the teen who did.

Burgos was convicted of first-degree murder and is serving life in prison. The other two teens never went to trial.

Kaji was wheeled into court at Bunton's sentencing. He spoke in a whisper, and the emotional scene tugged on the heart of Judge Clarice Jobes. Three years later, in a 1994 newspaper interview about her retirement from Detroit Recorder's Court, Jobes singled out the case as an example of the endless violence she saw from the bench and admitted that she was so moved that she later cried.

Bunton was convicted of second-degree murder, armed robbery and assault with intent to murder. She was sentenced to 25 to 50 years, a term that some legal experts now say appeared excessive, given her role.

Kaji does not share that view. He insists Bunton must have known that his brother was going to be shot.

He said he has no sympathy for what Bunton went through in prison.

"I'm a Christian, but I'll never forgive," he said. "There is no way in hell that I'll ever forgive her."

For her part, Bunton has accepted responsibility for the tragedy, even as she insists she was only the getaway driver.

"I feel horrible," she says now. "I deserve to be punished, and you know, I have spent half of my life thinking about the (Kaji) family. ... I am so sorry."
Inmate No. 221034, for the rest of her life

Bunton wore a flowery dress, the same clothing she wore in court, when she was shipped to Huron Valley Correctional Facility in Ypsilanti in December 1991.

At the intake area, she was given five white bras and nine pairs of white cotton underwear. "Your number will be 221034," a guard said. "Remember it because you will have this number till you die."

Another guard told Bunton to read Psalm 23.

"This is the Valley of Death, baby girl," Bunton recalled the guard as saying. "All you have to do is read that verse, and God will carry you through all the way."

Just a few hours after arriving, Bunton met a woman returning to prison.

"Girl, I can't wait for shift change," the woman told her. "My man's gonna flip when he sees me here."

"Your man?"

"Yeah, my man."

She meant her sex partner at Huron Valley. A guard.
Welcome to Scott: The nightmare begins

Bunton stayed for six months before she was transferred to Scott Correctional Facility in Plymouth Township in the summer of 1992.

On one of her first nights at Scott, she woke up from a loud voice outside her door.

"Damn, girl, you wanna hurt a brother," a guard said.

Bunton tiptoed to the door. She looked out the window and saw a prisoner performing oral sex on a guard.

This was Bunton's new home, a facility she described as wild, with few rules and almost no physical boundaries between the guards and inmates.

At 4 foot 11, Bunton was small and meek when she entered prison.

One day, she was taking a shower, and one of the male guards pulled back the curtain.

"I'm naked," Bunton said, scrambling to cover her body.

"Oh, hush," the guard said. "I got a wife at home, I know what it all looks like."
Search policy becomes an excuse for sexual contact

At Scott, as in every Michigan prison at the time, every guard was required to pat down five prisoners every shift for weapons, food, drugs, whatever. It didn't matter which prisoners they picked. Some officers did it the proper way, quickly and with professionalism. But others exploited this directive, picking out the pretty women to search, the ones who were young and had long sentences.

Bunton said she was a daily target.

"The officers would come and feel us up whenever they wanted," she said. A guard "would cup the breast. He would rub his hands down your stomach and around your thighs and buttocks, legs.

"All the way up your thighs, to the end."

State prison officials would claim later they had no idea that some guards abused the search policies by sexually assaulting the women. They said they properly trained officers and had written policies against improper behavior. The rules have changed since. Men are not assigned to housing units and are not allowed to pat down women.

But the Michigan Women's Commission reported in 1993 there was an alarming level of sexual abuse and harassment by state prison guards.

In 1995, the U.S. Department of Justice found "pervasive" sexual abuse in Michigan women's prisons.

In 1996, Human Rights Watch released a report documenting sexual harassment, sexual abuse and privacy violations by guards and other employees in Michigan prisons.

The report, based on interviews with prisoners and prison rights advocates, cited rapes by guards in a "highly sexualized and excessively hostile" environment.

"Rather than seeking to end such abuse, the Michigan Department of Corrections has consistently refused to acknowledge that there is a problem of sexual misconduct in its women's prisons."
Handed from 1 guard to the next as others watch

The brazen nature of that abuse was laid bare one day, when Bunton was stopped in the recreation yard by a guard.

"How old are you?" he asked.

"Eighteen," she replied.

"Umm, just the way I like 'em, young and fresh.

"Give me a shakedown," he said.

She lifted her arms, standing in a group of prisoners, according to what she wrote in her prison journal. The guard rubbed his hands down her neck, across her back and around to her chest. He caressed her breasts.

He rubbed her stomach. He squeezed her buttocks, rubbing up and down her thighs.

His hand brushed against her pelvic bone, as he pulled himself closer to her.

Another officer watched.

"That's the way you do it," the second officer said.

The first officer started the pat-down again.

"Yeah, let me show y'all how it's done properly," the second officer said.

Bunton said she wanted to scream, but she was too afraid.

The second officer took his turn with Bunton. He rubbed her neck, then her back. He moved around to her breasts and the officers egged each other on. The other prisoners cheered and applauded.

"Aww, you got it down, rookie," the first guard laughed.

"All yard units report to segregation," a voice said over the speakers.

The crowd dispersed. Bunton rushed back to her cell.
Other inmates' stories show pattern of abuse

Bunton's account echoed the abuse testimony of other women at the civil trial last year in front of Judge Timothy Connors.

Jennifer Pruitt, who was serving life in prison for murder, entered Scott at age 17. Days after arriving, a guard forced her to perform oral sex. "You'll get better," the officer said.

Michele Bazzetta, sent to Scott after being convicted of second-degree murder, said an officer frequently took her to an isolated place. "He had a bald head and he wanted me to rub his head at the same time that I had my hand on his penis," she said.

Amy Black, who also entered prison at 17, had sex with a guard two or three times a week over several years.

"He promised he would treat me right and make sure none of the other officers were bothering me," said Black, serving life for murder. "He promised to make sure I was safe."

She ended the relationship when she found out that he was having sex with another prisoner, who she had heard had a sexually transmitted disease.

"For him, I think it was about sex," Black said. "For me, it was about staying alive."
'Make it your garden, where you can grow'

Bunton learned to keep her mouth shut. The guards controlled everything: when she ate, when she slept, when she went to the bathroom, when she spoke.

Each time she was raped, each time she was groped, Bunton buried the pain deep inside.

Dr. Frank Ochberg, a psychologist who examined Bunton in prison, later told jurors she had been "systemically, overtly degraded" by the assaults, the "humanity just beaten out of her."

"I call them battle scars because they never go away," Bunton said. "Being a prisoner is the lowest you can be in life. Being a female prisoner is so much worse."

She tried to hide in her cell, reading and thinking and praying. She kept her mouth shut.

"There was someone very close to me, who told me a long time ago, 'Scott Correctional Facility is a very bad place,' " Bunton said. " 'But it is up to you to find the good in the place. So you can look around in that very bad place and you can make it your garden, where you can grow, no matter what is going on around you. It's up to you to remove yourself from the bad and only concentrate on the good.'

"So that's what I did. I made that place my garden. I grew."
Education builds up the courage to tell her story

Bunton, a high school dropout, focused on her education, earning associate's and bachelor's degrees in business administration and a master's degree from a correspondence program.

She earned vocational certificates in food management, computers and graphic arts.

She became a yoga teacher and fitness trainer. "Every time I accomplished something, I felt better about myself," she said.

She grew stronger. She gained confidence and found her voice.

Toni Bunton, inmate No. 221034, was learning to stand up for herself.

After suffering in silence, she took a gamble. She summoned the courage to join a lawsuit against the Michigan Department of Corrections. She decided to speak up and tell her story, hoping it would force some changes, hoping that it would end the attacks.

LaBelle, the Ann Arbor attorney who specializes in women's prison issues, had been working for years on sexual abuse issues before coming across Bunton.

Believing the problem was growing and the state was doing nothing to stop it, LaBelle filed a lawsuit in 1996 on behalf of female inmates.

The case would eventually involve more than 500 prisoners, including Bunton.

After years of sexual brutality, Bunton found there were people -- strangers, even -- willing to fight with her: civil rights lawyers and law students at the University of Michigan.

They would push for her voice to be heard in court. They would fight for her freedom.

Contact JEFF SEIDEL at 313-223-4558 or jseidel@freepress.com.
http://www.freep.com/article/20090104/NEWS06/901040419/1007

Article 2
SPECIAL REPORT | CHAPTER 2 |
For female inmates, much is at stake as rape trial begins

BY JEFF SEIDEL • FREE PRESS STAFF WRITER • January 5, 2009

Second of five parts

The story so far
Toni Bunton landed in a Michigan prison after being convicted for participating in a drug deal that led to a murder. She and other female inmates say they became victims there, helpless to defend themselves against male guards’ sexual advances.
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Last January, one day before her civil lawsuit went to trial, Toni Bunton sat on the top bunk in her prison cell at Scott Correctional Facility, a place she had lived almost half her life.

The place where she said she was raped, over and over, by prison guards.

She cried and prayed and wrestled with old doubts that swirled through her head.

Should she stand up in court and tell the world what happened to her? Should she risk her freedom at a time when she was seeking to have her 25- to 50-year sentence commuted? Or should she keep her mouth shut, once more, and hope that her silence was the key to getting out?

She felt trapped.

Once a meek teenager who had silently endured assaults by male guards, Bunton had grown into a confident and respected member of the prison population at Scott, on the border of Northville and Plymouth townships. Even so, she was a convict. With no physical evidence to support her, would jurors believe she had been raped? Would they even care? Bunton was among 500 women who claimed in a lawsuit that prison officials had willfully ignored years of sexual abuse by male guards.

Now, at 34, Bunton was among the first 10 prisoners to reach a courtroom.

"Some people are telling her to lay low, keep your head down until you get out," Dick Soble, one of the lawyers in the prisoners' suit, said of Bunton's fears.

Would the lawsuit help her pitch for commutation or kill it? Even on the eve of her court testimony, the old doubts resurfaced.

The following morning, Jan. 15, Deborah LaBelle woke in a panic, worried about what she would say in her opening statement.

For several days, LaBelle had tried to find the right words, forming thoughts and writing ideas on paper, but she couldn't get it right. She feared her statement was flat, lacking the passion she felt for a case that had consumed her for 12 years.

LaBelle handles civil rights cases from her Ann Arbor office, many involving female inmates. It was while meeting with inmates on visitation and education issues that LaBelle began to hear complaints of sexual abuse. Over the years, as the prison case grew and became more complex, she added likeminded attorneys in private practice.
The chance to speak up

As she prepared for trial, LaBelle knew she had to set the right tone from the start, there was so much at stake. She felt pressure to honor these women, who had waited so long to tell their stories.

So she scribbled on a legal pad, writing and rearranging her notes. As she walked down the sidewalk to the Washtenaw County Courthouse, she was still writing.

Dressed in a simple black dress and coat, intended to convey her serious and somber message, LaBelle continued to scribble as lawyers and spectators filed into the courtroom.

The Department of Corrections had fought the case for years, arguing variously that the statute of limitations had expired on the women's claims; that it should not be considered a class-action; that the hundreds of women in the suit should have their trials held separately; that prisoners don't have the same rights as normal citizens. The appeals went all the way to the Michigan Supreme Court.

Five days earlier, Allan Soros, an assistant state attorney general representing the prison system, filed a motion seeking 10 separate trials for the women. Judge Timothy Connors denied the motion.

LaBelle finished writing as the court was called into session for opening statements. She faced the jury and cleared her throat.

"OK," she said. "Good morning, ladies and gentlemen."

Behind her, against the wall, the 10 women sat in chairs, dressed in civilian clothing -- pink sweaters, blouses, dress pants -- the kind of clothing seen at a PTA meeting. Seven of the women, including Bunton, were still prisoners. They had changed from their prison garb at the courthouse.

"We've all been waiting for this trial for a very long time," LaBelle told jurors.

Her voice was calm. Her mind was racing, trying to find the right balance of emotion. She wanted to scream out loud about how the guards preyed on the pretty ones, the ones who were small and weak, the ones who had been abused as children; how the women had to see the guards every day, yet couldn't report what happened to them, couldn't say no and couldn't fight because guards had all the power.

But the suit wasn't against the guards. They didn't create the system. They didn't have money to pay for damages.

Instead, this lawsuit was filed against the Department of Corrections, former DOC Director Kenneth McGinnis and former Scott Correctional Warden Joan Yukins.

To win, it would not be enough for LaBelle to show the guards had abused the women. LaBelle and her legal team had to convince jurors that prison officials knew about the abuse and did nothing to stop it.
The 1st hurdle: Jury selection

All of the women said they were touched inappropriately -- some, several times a day -- as the guards filled a daily pat-down quota. LaBelle contended that this constant touching emboldened some guards to sexually molest the prisoners.

On the other side of the room, the 10 jury members listened closely. Normally, in a civil trial, six jurors are used and five are needed for a verdict, but Connors said that the trial would last so long that he would lose a few. He kept 10, just in case.

Jury selection took 11 hours.

Several potential jurors said prisoners deserved whatever they got, even though it is a crime for a guard to have sexual contact with a prisoner. Others were dismissed because they said they themselves were sexually abused.
The case against the state

"I want to start with a little history and context," LaBelle told the jury. "Historically, in Michigan ... women used to be supervised in their cells and in their living units and in their showers and in their bathrooms by women. That is the way it was."

But that changed in 1986, when the DOC assigned men to work closer with female inmates.

LaBelle glanced at her notes, but spoke from memory.

She looked into the eyes of the jurors to make sure they were listening, to see whether they were engaged.

"You will hear that these guards -- not all of them, certainly not all of them -- these male guards went further," LaBelle said. "They sexually assaulted these 10 women. After the gropings, after the viewing, after the watching, then they assaulted them. They assaulted them over a period of years.

"Michigan, you will hear, invited men into the women's prison unit areas without training, without restriction and without precautions for these women's safety."

LaBelle told jurors how prison officials had ignored years of warnings.

The Michigan Women's Commission, a governor-appointed group, reported in 1993 an alarming level of sexual abuse and sexual harassment by prison guards. Two years later, the U.S. Department of Justice called it "pervasive." One year after that, Human Rights Watch, the international watchdog group, released a report that said there was a "highly sexualized and excessively hostile" environment.

"Had the wardens and directors looked, they would have seen," LaBelle said. "Had they read, they would have known. Had they listened, they would have heard."

After 47 minutes, she was done.
The state's defense

It was the state's turn.

Soros rose.

Speaking in a dry, steady voice, with little flash or emotion, Soros explained that he represented the prison system and its top officials, not the guards.

Soros, too, offered jurors a history of Scott, and how the facility switched to female prisoners in late spring 1992. At the time of the alleged assaults, there were 860 female inmates and nearly 400 employees.

Admittedly, he said, there are problems in every prison.

"You cannot have a perfectly running correctional facility. There is always going to be some problem that needs to be addressed."

He said the department knew of some allegations of sexual assault and made changes, improving the way it investigates abuses. He added: "You can't solve everything."

He then stressed what would become the backbone of the state's defense: The women had had opportunities to tell the warden and others that they had been assaulted years earlier.

"They didn't report their allegations in a timely manner," he said. "That's crucial."

Over and over, he repeated the point: "You have to know about a problem before we can help resolve it. We didn't get notice. We couldn't do anything about it.

"And we are not at fault."

Human Rights Watch studied abuses

January 4, 2009

The following excerpt comes from a December 1996 report, “All Too Familiar,” by Human Rights Watch. The organization examined sexual abuse of female prisoners in the United States. The full report is available here. It was one of a series of reports in the 1990s that described abuses of female inmates in Michigan prisons.
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The Michigan Department of Corrections (MDOC) is currently being sued by seven female prisoners on behalf of all others similarly situated for sexual assault, sexual abuse, sexual harassment, and inappropriate visual surveillance within its correctional facilities for women. The suit comes on the heels of a U.S. Department of Justice (DOJ) finding in 1995 that sexual misconduct pervades Michigan's women's prisons, including rape, sexual abuse, sexually aggressive acts by guards, and violations of the female prisoners' legitimate privacy interests. Our own investigation, conducted from 1994 through 1996, and based on interviews with current and former female prisoners as well as attorneys, prisoner rights advocates, and MDOC, revealed that rape, sexual assault or abuse, criminal sexual contact, and other misconduct by corrections staff are continuing and serious problems within the women's prisons in Michigan have been tolerated over the years at both the institutional and departmental levels.

Rather than seeking to end such abuse, the Michigan Department of Corrections has consistently refused to acknowledge that there is a problem of sexual misconduct in its women's prisons. As noted below, MDOC dismissed the female prisoners' class action suit as "erroneous" and issued a written statement characterizing the DOJ's findings as "vindictive and distorted" and "full of half truths, innuendo, distortion and lies." (658) The state has taken the positive steps of establishing minimal grievance and investigatory procedures as well as disciplinary and criminal sanctions for custodial sexual contact; however, its stated policy of "zero tolerance" for such abuse is belied by a pervasive bias against prisoner testimony, a high incidence of retaliation against complainants, and a consistent problem with the enforcement of appropriate penalties.

MDOC cooperated with Human Rights Watch's on-site investigations at its women's facilities and was prompt in its reply to our requests for additional information. Moreover, we commend the state for expressly criminalizing custodial sexual touching and for establishing clear disciplinary penalties for this crime. However, a significant gap exists between MDOC policy and its practice with respect to sexual misconduct. We strongly urge MDOC to enforce its criminal and administrative prohibitions against sexual misconduct, including rape, sexual abuse, and assault, criminal sexual contact, verbal degradation, and privacy violations; to protect prisoners' right to an effective remedy in cases of sexual misconduct by prison staff; and to end impunity for abusive employees. Moreover, we urge the department to publish regular reports of the nature and results of its sexual misconduct investigations to cooperate fully with the Department of Justice and other independent monitors in their efforts to uncover and remedy on-going custodial sexual misconduct in Michigan's prisons for women.
CONTEXT

Custodial Environment

Female prisoners in Michigan, held in increasingly overcrowded facilities, are guarded by a largely male staff. According to recent figures, men constituted from nearly one-half to over two-thirds of the corrections staff in the state's two largest prisons for women, the Florence Crane Women's Facility (Crane) and the Scott Correctional Facility (Scott). (659)

As noted in the legal background chapter of this report, Human Rights Watch does not oppose the presence of male officers in contact positions in female prisons per se. Nor do we believe that all male staff abuse prisoners or that custodial abuse is carried out only by males. However, we are concerned that Michigan has not taken adequate steps to protect against the potential for custodial sexual misconduct that arises out of this cross-gender guarding situation. Although Michigan does expressly prohibit sexual misconduct in both prison rules and criminal law, it fails to train male staff adequately to uphold these prohibitions and does not consistently investigate and discipline those employees found to violate them.

Corrections officials have also failed to inform female prisoners adequately regarding the nature of custodial sexual misconduct and the mechanisms available to seek redress. Christina Kampfner, a clinical psychologist who had worked extensively with women in Michigan's prisons, told us that in these relationships, officers often target "like a radar" women with histories of sexual or physical abuse or prisoners in emotionally vulnerable positions, such as those who lack support from family or friends, who are alienated or isolated by other prisoners or staff, and younger women who are incarcerated for the first time. (660) According to Kampfner, many of these prisoners are so in need of attention that they are easily exploited by the officers.

The gap between policy and practice in Michigan with respect to sexual misconduct is occurring at a time when the women's prisons are increasingly crowded. According to the most recent figures available from MDOC, there are a total of 1,616 prisoners in its women's facilities. (661) The majority of women are held in the Scott Correctional Facility, located in Plymouth, and the Florence Crane Women's Facility, (662) located in Coldwater, which house 771 and 447 women respectively. (663) MDOC also operates Camp Branch, a female camp in Coldwater that holds approximately 400 women. MDOC currently operates both women's prisons in overcrowded conditions--prisoners are double- and triple-bunked — and areas once used for recreational space are being used to house prisoners. (664)

State Legal and Regulatory Framework

Under Michigan's criminal code, any sexual touching with a prisoner by an employee of or a volunteer with MDOC constitutes fourth-degree "criminal sexual conduct," a misdemeanor. (665) The provision was added in 1988 to a pre-existing section of the criminal code that outlawed sexual touching with someone between the ages of thirteen and sixteen who is physically or mentally incapacitated or that is accompanied by force or coercion. The law applies to sexual contact irrespective of a prisoner's alleged consent. (666) Given the position of authority held by a corrections employee over a prisoner, the Michigan legislature found "the usual notions of consent do not apply." (667) The MDOC employee manual reiterates the prohibition on sexual contact with a prisoner and informs employees that such conduct constitutes a crime under Michigan law. (668) Under certain circumstances, corrections officers who engage in sexual intercourse with prisoners may be charged with third or first degree criminal sexual conduct. Third degree criminal sexual conduct occurs when an individual uses force or coercion to have sex. First degree sexual conduct applies to intercourse that occurs under specified aggravating circumstances. (669)

At present, MDOC operates both of its women's prisons and Camp Branch under a court order issued in 1981, in Glover v. Johnson. (670) While the issues raised in Glover are outside the scope of this report, the authorities' persistent defiance of both the judicial authorities and the other external monitors involved in Glover are indicative of similar problems in MDOC's approach to addressing sexual misconduct in its women's prisons.

At the time Glover was decided, it was a landmark decision for incarcerated women regarding their rights and an influential precedent for female prisoners in other states to seek more equal programming. Despite its precedential value, however, women incarcerated in Michigan continue to be denied the full implementation of the judge's order. (671) Attorneys representing female prisoners have been forced to file repeated contempt motions seeking compliance with Glover orders. The district court has found that the state disobeyed the 1981 order in two major contempt rulings. (672)

MDOC's continued noncompliance led the Sixth Circuit Court of Appeals, in 1991, to issue a stern rebuke to the department and to uphold the appointment of a special administrator, a remedy the Circuit Court once found overly intrusive. The Sixth Circuit concluded:

[The] history of this case shows a consistent and persistent pattern of obfuscation, hyper-technical objections, delay, and litigation by exhaustion on the part of the defendants to avoid compliance with the letter and spirit of the district court's orders. The plaintiff class has struggled for eleven years to achieve the simple objectives of equal protection under the law generally, and equality of opportunity specifically. (673)

While the court upheld the creation of a special administrator, MDOC was permitted to designate who would serve in that position. The director of MDOC, Kenneth McGinnis, appointed Nancy Zang, a former parole officer in Illinois as special administrator of the Female Offenders Program. Zang is based in the director's office and reports directly to him.

The Sixth Circuit's rebuke did not appreciably affect MDOC's recalcitrance, and women have continued to face difficulties gaining the remedies ordered by the court. Deborah LaBelle told us there have been more than eight contempt motions filed against MDOC since 1991. (674) The court has issued nine orders to force compliance since 1991, and in March 1995 issued an opinion finding that MDOC had still not obtained compliance, despite MDOC's insistence that they were fully compliant in all areas. (675) On July 19, 1996, the court again issued an opinion and orders to compel compliance. United States District Judge John Feiken concluded: "… Defendants [MDOC et al.] have clearly, positively, and repeatedly violated orders of this court. … In fact, in the nineteen years of this case, Defendants have demonstrated a galling pattern of disrespect for the inmates they hold, the taxpayers of the State of Michigan, and the dignity of this court." (676)

National and International Law Protections

As discussed in the legal background chapter of this report, sexual misconduct is clearly prohibited under both U.S. constitutional law and international treaty law that is binding on the the U.S. federal government and its constituent states. (677) The eighth amendment to the U.S. Constitution, which bars cruel and unusual punishment, has been interpreted by U.S. courts to protect prisoners against rape and sexual assault. This constitutional shield is further augmented by the Fourth Amendment's guarantee of the rights to privacy and personal integrity, which, in a series of lower court cases, has been interpreted to prohibit male guards from strip searching female prisoners, conducting intrusive pat-frisks, or engaging in inappropriate visual surveillance.

Constitutional protections on prisoners' rights are enforceable via lawsuits filed by or on behalf of prisoners, or by the U.S. Department of Justice (DOJ). Historically, U.S. prisoners have achieved most of their landmark prison victories through private litigation, particularly by suits litigated by prisoners' rights groups such as the National Prison Project of the American Civil Liberties Union or the National Prison Project of the National Women's Law Center. However, if certain stringent intent requirements are met, the DOJ may criminally prosecute abusive prison officials under federal civil rights provisions. In addition, the DOJ has the statutory right to investigate and institute civil actions under the Civil Rights of Institutionalized Persons Act (CRIPA) whenever it finds that a state facility engages in a pattern or practice of subjecting prisoners to "egregious or flagrant conditions" in violation of the constitution.

In addition to constitutional protections, prisoners' rights are also protected under international and human rights treaties that are legally binding on the United States. The primary international legal instruments protecting the rights of U.S. prisoners are the International Covenant on Civil and Political Rights (ICCPR), ratified by the United States in 1993, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, ratified in 1994. Both treaties bar torture and cruel, inhuman or degrading treatment or punishment, which authoritative institutional fora have interpreted as including sexual abuse. To constitute torture, an act must cause severe physical or mental suffering and must be committed for a purpose such as obtaining information from the victim, punishing her, intimidating her, coercing her, or for any reason based on discrimination of any kind. Cruel, inhuman or degrading treatment or punishment includes acts causing a lesser degree of suffering that need not be committed for a particular purpose. The ICCPR guarantees the prisoners' right to privacy, except when limitations on this right are demonstrably necessary to maintain prison security.

When prison staff members use force, the threat of force, or other means of coercion to compel a prisoner to engage in sexual intercourse, their acts constitute rape and, therefore, torture. Torture also occurs when prison staff use force or coercion to engage in sexual touching of prisoners where such acts cause serious physical or mental suffering. Instances of sexual touching or of sexual intercourse that does not amount to rape may constitute torture or cruel or inhuman treatment, depending on the level of physical or mental suffering involved. Other forms of sexual misconduct, such as inappropriate pat or strip searches or verbal harassment, that do not rise to the level of torture or of cruel or inhuman treatment, may be condemned as degrading treatment. (678)
ABUSES (679)

The abuses discussed in this section occurred over a ten-year period from 1986 to 1996. Our own investigation took place from March 1994 through November 1996. We found a serious problem of sexual misconduct in Michigan women's prisons, including rape, sexual assault and abuse, criminal sexual contact, inappropriate visual surveillance, and verbal degradation. Unless indicated by the use of a full name, the names of the prisoners have been changed to protect their anonymity. In some cases, the location and exact date of prisoner interviews have also been withheld.

Rape, Sexual Assault or Abuse, and Criminal Sexual Contact

On March 27, 1996, prisoners' rights attorney Deborah Labelle filed a class action suit, Neal/Nunn, on behalf of seven female prisoners and all other females incarcerated in Michigan charging MDOC and several other named defendants with various degrees of sexual assault, sexual harassment, violations of privacy, and physical threats and assaults. (680) Two of the plaintiffs, Tracy Neal and Ikemia Russell, allege sexual assault by male officers at the Scott Correctional Facility in 1994. A third, Helen Gibbs, alleges that she was sexually assaulted by a male officer at the Florence Crane Women's Facility in 1994. Bertha Clark alleges that a male officer at Scott squeezed her breasts and grabbed her crotch during pat-frisks, and Linda Nunn alleges sex-based, derogatory and abusive name calling and sexually threatening comments by a male officer at Scott. Stacy Barker, whose case is described in more detail below, alleges constant harassment and retaliation at Scott for reporting sexual misconduct by staff members, and "Jane Doe" alleges that male officers at Crane subjected her to constant viewing while dressing and undressing, showering, and using the toilet facilities. All seven women report experiencing sex-based insults, sexual harassment, excessively intrusive cross-gender body searches, constant viewing by male staff and threats of retaliation for reporting staff misconduct.

Such allegations of sexual misconduct are not new to Michigan's women's prisons. Documentation we obtained indicates that these charges are consistent with a pattern and practice of conduct in the women's prisons since, at least, the mid-1980s. In 1984 a prisoner accused a resident unit officer, Alfred Beaster, at Huron Valley Women's Facility, (681) of rape. He ultimately confessed to having sexual relations with a prisoner, but asserted the prisoner was the aggressor. He told the prison investigator that:

The prisoner dropped her pants, he took his penis out, but she did all of the manipulation. That is, she backed onto his erection. Officer Beaster maintained he didn't lay a hand on her. Beaster told the officers that he wasn't sure if he was inside of her or not as she was backing up on him. He did tell the officers that he ejaculated and that she asked him if he squirted inside of her. (682)

Then, in 1986, a corrections officer at Crane, Raymond Raby, was dismissed after admitting during a police interview that he had sexual relations on a nightly basis with different women incarcerated at Crane. Raby's exploits came to light after a prisoner, Jackie K., reported that Raby molested her. According to Jackie K.'s statement, Raby entered her cell at night and woke her up. He took her into a visiting room where he grabbed her and kissed her, then fondled her breasts and put his finger in her vagina. (683) Shortly after Jackie K. complained about him, another prisoner reported seeing an officer fitting Raby's description having oral intercourse with a third prisoner. (684)

In 1988 another woman incarcerated at Crane, Kim J., alleged that she was raped by an officer during the night shift. Kim J. reported the incident to the prison psychologist, who then informed other officials in the prison. (685) According to a statement Kim J. made, the officer raped her in the laundry room after she submitted to a "shakedown" (pat-frisk). The next morning, she awakened to find the officer in her cubicle with his hand between her legs. The authorities took no action against the officer because the only evidence was her accusation.

In another incident, Officer Bernard Rivers in 1990 admitted entering a prisoner's segregation cell and sexually assaulting her. According to the prisoner, Lisa G., Rivers entered her cell in April 1988 and told her he could positively or negatively affect her parole, depending on how she responded to his sexual advances. (686) She involuntarily submitted to sexual relations with him. Lisa G. came forward eighteen months later, after Rivers was again assigned to her housing unit, out of fear that he would force her to have sexual relations with him again. MDOC largely ignored Lisa G.'s allegations for four months until she, with the help of her attorney Deborah LaBelle, obtained a court order and wore a wire inside the prison. (687) She successfully taped a conversation with Rivers. His statements acknowledged the sexual assault and resulted in the sheriff's office recommending prosecution. He committed suicide before trial.

In 1992 the Michigan Women's Commission, a governor-appointed body, launched an investigation into the problems facing incarcerated women, focusing in particular on women incarcerated in county jails. (688) The commission interviewed fifty-nine women who were formerly held in jail and were either released or transferred to Michigan's prisons or community-based programs. (689) In each interview, a pre-established series of questions was asked regarding jail conditions including a final, open question, "Are there any concerns you would like to share about conditions here at the prison?" (690)

The prisoners raised a number of concerns in response to the final question, including incidences of rape, sexual assault, and sexual harassment committed by corrections officers. A majority of the women reported sexual harassment and sexual abuse by the guards, ranging from corrections staff demanding sex or sexual favors, often in exchange for certain items, to intrusive pat-downs, to male guards walking through the showers and rooms while the women were undressed. (691) The women's responses to the last question were used to create a final chapter, "Special Report: Women in Prison," of the Women's Commission's Report. At MDOC Director McGinnis's insistence, the section was ultimately deleted from the published report, released in July 1993; the chapter has never been made public in any form. (692)

In February 1993 the Office of the Legislative Corrections Ombudsman, a post attached to the state legislature, conducted a second investigation of sexual misconduct at both Scott and Crane. (693) McGinnis asserts that the ombudsman's findings refuted the information compiled by the Women's Commission, even though a significant percentage of the women surveyed reported that sexual harassment and sexual misconduct were problems in the prison. (694)

In June 1994 the U.S. Department of Justice launched an investigation into prison conditions for women incarcerated at the Scott and Crane facilities pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). The purpose of the investigation was to determine whether there were any violations of the prisoners' constitutional rights. On March 27, 1995, U.S. Assistant Attorney General Deval Patrick wrote a twelve-page letter to Michigan Governor John Engler that detailed the DOJ's findings. The DOJ concluded:

[T]he sexual abuse of women prisoners by guards, including rapes, the lack of adequate medical care, including mental health services, grossly deficient sanitation, crowding and other threats to the physical safety and well-being of prisoners, violates their constitutional rights. (695)

According to the DOJ letter, "nearly every woman . . . interviewed reported various sexually aggressive acts of guards." (696) The DOJ found that prisoners at Scott and Crane had been raped, sexually assaulted, and subjected to groping and fondling during pat-frisks. Additionally, they were subjected to "improper visual surveillance by guards" who:

routinely stand outside the cells of individual prisoners and watch them dress or undress, stand in the shower areas and observe showers and use of toilet facilities. Male maintenance workers stand and watch women inmates who are naked or in various states of undress as well--all on a regular basis without legitimate need. . . . We are unaware of any effort to accommodate the legitimate privacy interests of prisoners. (697)

The status of the DOJ's investigation is discussed in more detail below.
In 1994 we interviewed two women--Stacy Barker and Charlene Billups-Hein--who both sued MDOC for repeated sexual abuse by male corrections officers that they endured at the Huron Valley Women's Prison, now closed, and Scott. Barker was raped and sexually assaulted by the same officer, Craig Keahy, over a period of nearly a year and a half, beginning in October 1989. (698) She told us, "He would come to my room or detail [once or twice a week] and force me to perform different sexual acts on him. He would threaten or harass me, like 'I'll make your time hard for you … I have the keys.'" (699) He was discovered by other officers on various occasions leaving Barker's room off-duty but was always allowed to return to her unit and never reprimanded for violation of rules. After a while, his attacks became more violent. She told us, "He'd say things like, 'Come on and suck my dick'. … He'd pull my hair, unzip his pants and force himself in my mouth." Keahy was subsequently discovered by other prison officers, in August 1991, leaving the room of a second woman prisoner. They looked into the prisoner's room and saw that she was naked. While the prisoner initially denied anything had occurred, she was taken to the hospital and an examination was performed which detected the presence of semen. Keahy was convicted in December 1991 on two counts of fourth-degree sexual conduct with a prisoner, a misdemeanor. (700) He was sentenced to community service.

Charlene Billups-Hein was housed in segregation when a male corrections officer, David Rose, started coming to her cell in the early mornings in June and July 1992. (701) According to Billups-Hein, Rose came and spoke with her one night when she was crying and upset. Rose told her he had been having sexual relations with other prisoners and asked her to have sexual intercourse with him. He listed the names and identification numbers of the women with whom he was having sex, many of whom were housed in the segregation unit. According to Billups-Hein, he stated that he had been watching her for a long time and that she would be his fourteenth resident. He had not approached her earlier, Rose said, because she was "with women," implying that she was a lesbian. She told us that she submitted to sexual relations with the officer because she felt that she did not have any choice. When he approached her on subsequent occasions, the officer allegedly brought her various things, such as cigarettes, makeup, perfume, candy, and cookies. She said they had sexual intercourse and that she performed oral sex on him a number of times. Officer Rose was charged with criminal sexual conduct third degree and acquitted. He was returned to Scott where he is currently employed and is reportedly under investigation for renewed charges of sexual misconduct with a different prisoner.

Other women we interviewed in 1994 reported similar assaults by male officers and staff. In late 1993, Anne B. was taking a break from her work assignment in a back room when her supervisor came in. (702) He approached her from behind and started kissing her. He then pulled her to the ground and had sexual relations with her. She told us, "I felt uncomfortable. It wasn't something I wanted. . . . After that, he acted as if nothing happened. He did his job, I did mine." Anne B. discussed the rape with other women on her work assignment, who described similar encounters with the same employee, although none of them admitted actually submitting to sexual intercourse.

Another incarcerated woman we interviewed, Gloria P., told us that Officer A was assigned to guard her room when she was admitted to a hospital outside the prison for medical treatment. (703) During her stay in the hospital, he became increasingly assertive, touching her, making comments like, "You need a man like me," or suggesting she take a shower and helping her undress. He once turned on a nude dance show on the television in the hospital room and made comments such as, "I like women with a lot of butt" or made reference to their breasts. One day, he sat on the edge of her bed and kissed her. On another occasion, she told us, he kissed her breasts and she performed oral sex on him.

According to Gloria P., "It went on from there, and we had a relationship in the sexual sense" in the hospital and once she returned to the prison. Everyone, including staff, she said, knew about the relationship. She explained, "That person never gets tickets [disciplinary write-up], never needs a pass, could go wherever they wanted and, if anybody ever had a problem with her, he'd [take care of it]." (704) During this time, he brought her various things, such as nail polish, money, a ring, and candy. One night, she stated, the relationship "got really intense"--he started rubbing her hair while other prisoners were watching, and they went into a nearby closet to kiss. Within days, Gloria P. was moved to another unit but continued to see Officer A in the yard, or he would switch shifts with officers on either her unit or a neighboring unit in order to see her.

On February 22, 1996, we interviewed an attorney representing a female prisoner who was charging a male officer at Scott with sexual assault. (705) The assault occurred during the midnight shift on July 31, 1995. The prisoner was asleep in her cell when the officer entered, tied her down to her bunk, sexually abused her, and hit her repeatedly. The officer eventually left and during the early hours of the morning, another officer found the prisoner tied to her bed and badly beaten. The prisoner was taken to the hospital and then returned to Scott. The officer was placed on leave immediately and eventually charged with first-degree criminal sexual conduct. He pled guilty to assault with intent to commit criminal sexual contact and received four years probation, one of which he must serve in jail. (706)

In mid-1996, we obtained information about a December 26, 1995, sexual assault by a male officer on a female prisoner at Scott. The assault allegedly occurred during the midnight shift when the officer on duty came into the prisoner's cell, unzipped his pants, and raped her. After hearing a noise outside her cell, he told her to meet him in the bathroom area, where he raped her again. After coming into her cell later in the night and raping her another time, he told her the rapes would be "our little secret." The prisoner reported the rapes on January 9, 1996. She was visited by an inspector at the facility that same day and by a state police officer the following day. At this writing, the prisoner is still incarcerated at Scott and has no knowledge about the progress of the investigation. The officer has not been assigned to her unit but is still working at the facility.

On November 4, 1996, we received reports of an alleged sexual assault at the Camp Branch facility. The assault occurred on October 29, 1996 and was allegedly committed by a civilian food service employee. State troopers were contacted and are investigating the case. To date, no warrant has been issued.

Prisoners who are not involved with officers often witness their sexual activities with other prisoners. According to Frances U., when she worked nights in the school building, she often saw officers in the library with their pants down with a prisoner. She told us, "We would watch officers taking women to the basement. If you couldn't find an officer, you would wait to see which room he came out of. It runs rampant." (707)

Mistreatment of Prisoners Impregnated by Guards

As a result of custodial sexual misconduct, some prisoners have been impregnated by corrections staff. These women are particularly vulnerable to harassment by staff and to the punitive investigatory measures at times employed by MDOC. The experience of one woman, Anne B., whom we interviewed in 1994, is particularly telling. In 1993 Anne B. reported that she had been sexually assaulted by a corrections employee and requested a pregnancy test. Almost immediately after the test results returned positive, the authorities removed her from the prison where the assault occurred and placed her in a segregated cell at Huron Valley Men's Prison (HVM) infirmary.

While at HVM, Anne B. was locked in for nearly twenty-four hours a day and denied access to a phone. Attorney Deborah LaBelle told us that she learned of Anne B.'s predicament only through another prisoner at HVM who contacted LaBelle. (708) Anne B. was removed from her cell only for meetings with MDOC staff investigating her pregnancy. According to Anne B., these investigators repeatedly interrogated her about the circumstances of her pregnancy. One investigator threatened to keep her in segregation throughout her pregnancy, take away her accrued good time, and return her to the facility where she was assaulted unless she assisted with the investigation. Anne B. also told us that this investigator pressed her to have an abortion, repeatedly asking her, "Don't you think it'd just be better for you and the child to just have an abortion?" (709) She resisted this pressure and carried her pregnancy to term.

Anne B. was released from segregation after nearly three months and placed in the general population at another women's prison in the state. She told us that in this new facility she had been continuously harassed by prison staff about what she had told investigators and whether she reported who impregnated her. The doctor at this prison reportedly refused to treat Anne B. during her pregnancy, and she had to receive prenatal care from a doctor in a nearby town.

In February, 1996, we learned of another female prisoner who had been sexually assaulted by a male officer during an August 1995 stay in a hospital at the Huron Valley Men's Prison, where she had been sent for treatment for an ongoing medical problem. The prisoner had taken a shower and was toweling off in the bathroom when the officer, an employee of the HVM who had been guarding her, entered the room and had sexual relations with her. Subsequent to the incident, she requested a pregnancy test and was found to be pregnant. The baby was determined by a paternity test to be his, and he was charged with fourth degree criminal sexual misconduct, to which he pled no contest. (710) A person familiar with the case told us that after the prisoner decided to report the officer, she was harassed by other officers at Scott. One officer reportedly told her that it might make her time easier if she did not pursue the case.

Privacy Violations

Despite clear decisions in U.S. courts and relevant international law, Michigan has no policy in place to ensure the privacy of incarcerated women. MDOC makes no distinction between male and female corrections officers in conducting pat-frisks or searches of a prisoner's cell or the shower and toilet areas. (711) In practice, male corrections officers patrol these areas and are in a position to view incarcerated women in a state of undress or while using the shower or toilet facilities.

MDOC's use of male corrections staff in the housing units of the women's prisons and the dearth of restrictions on their job assignments appear to be rooted in a 1982 federal court decision, Griffin v. Michigan Dept. of Corrections. (712) Griffin was a class action lawsuit filed by female corrections officers who alleged that they were unfairly discriminated against, in violation of Title VII of the Civil Rights Act banning sex discrimination, because MDOC limited their job assignments to female facilities and they were denied positions in the over twenty men's prisons. These assignments, in turn, adversely affected their professional advancement. At the time, the MDOC restricted female corrections officers from working on the housing units in the men's prisons for the security and safety of the female officers and for reasons of prisoner privacy and rehabilitation. (713)

The judge in Griffin flatly dismissed the contention that prisoners had a constitutionally protected right to privacy. He found that:

Any contention by [MDOC] that they are entitled to the Title VII [bona fide occupational qualification] exception on the basis of the prisoner's right to privacy . . . is without merit. Prisoners do not possess any protected right under the Constitution against being viewed while naked by corrections officers of the opposite sex. (714)

The judge's blunt denial to prisoners of a constitutionally protected right to privacy was made without reference to or consideration of any legal precedent and was strikingly inconsistent with similar decisions from other jurisdictions that predated Griffin. Prior to 1982, other courts repeatedly recognized that prisoners had a constitutionally protected right of privacy, including the right to be protected from being unduly observed while naked or while using the toilet. (715) Where the employment rights of corrections officers were at issue, the courts directed the state to balance the equal employment opportunities of the corrections officers with the need to protect the prisoners' right to privacy. Griffin, however, decided otherwise.

MDOC has chosen to rely on Griffin rather than on other federal court decisions since Griffin that ordered or allowed prison officials to protect prisoners from unwanted and unwarranted intrusions on their privacy by guards of the opposite sex. (716) The court did not address the privacy rights of female prisoners which subsequent courts have acknowledged are entitled to a different analysis. A number of decisions have specifically dealt with the role of male corrections officers, upholding or directing limitations on cross-gender pat-downs or frisks by corrections officers of the opposite sex, (717) and permitting the removal of male officers from the housing units. (718) In some of these decisions, the court has explicitly stated that Griffin is the exception rather than the rule. (719) Strikingly, in contrast MDOC's combative approach to Glover and its tendency to appeal virtually every adverse district court ruling, it did not appeal Griffin.

Abusive Pat-Frisks

MDOC does train corrections officers in the proper procedure for conducting pat-frisks: they should use the back of their hand, rather than the palm, when searching the chest and genital areas. (720) MDOC policy requires each nonhousing corrections officer to search at least five "randomly selected" prisoners per shift. These searches are intended to prevent prisoners from possessing contraband; under departmental policy "no search shall be conducted for the purpose of harassing or humiliating a prisoner." (721)

Nonetheless, male corrections officers frequently abuse their power to conduct random pat-frisks in a degrading and sexually hostile manner. During pat-frisks and pat-searches, male officers often use their open hands and fingers to grope or grip a women's breasts and nipples, vagina, buttocks, anus, and thighs. They reportedly target certain women, usually the younger ones, while older, long-term prisoners are rarely frisked. Joann F. told us:

The male officers sit by the door to the kitchen and shake the women down as they leave. We watch the way they do it and who they pick. I watched one who felt a woman down in front of everyone else as she left. It's always male officers at the door in the kitchen who do the shakedowns. (722)

Carol H. noted, "The [women] look ashamed because they have the officer pawing at their body. It depends on what you look like, what you have on. You can guess who and when they are going to shake a [woman] down." (723)
Corrections officers have used the frisks and pat-searches to exercise undue power and control over incarcerated women. When ordered to submit to a frisk or pat-search, a woman must comply or risk disciplinary action. In some instances, women who have requested that a female corrections officer conduct the frisk or who have pulled away during an offensive frisk have received major misconduct tickets for disobeying a direct order. Such tickets have resulted in administrative segregation and loss of good time and disciplinary credits. According to one grievance we reviewed, prisoner Maxine Q. was being pat-frisked by Officer W when, she alleged, he cupped her breasts and then groped her vagina as he ran his hands between her legs. Maxine Q. pulled away and requested the presence of a female officer. A second prisoner who witnessed the frisk contacted a female officer. Maxine Q. then agreed to con

Posted by lois at 09:48 AM | Comments (0)

December 26, 2008

WA: cut backs for state DOC and making consolidating a prison for women

State might make Larch all-women prison
Corrections seeks ways to save funds in face of budget woes
Wednesday, December 24 | 9:00 p.m.

THE COLUMBIAN, AP

State officials are considering making the Larch Corrections Center in Clark County an all-women’s facility.

The state’s need to save money during the recession, with $1.9 billion in reduced income predicted in November, is at the core of the idea.

Larch, a minimum-security prison for men five miles east of Hockinson, opened in 1955 and is the third-oldest prison in Washington, custody Sgt. Steve Thompson said Wednesday. It has always been a men’s facility and currently has about 370 inmates.

Prison officials say an independent forecast calls for the state to need fewer prison beds in the future and it would make sense to close Pine Lodge Corrections Center for Women in Medical Lake, Washington’s only women’s prison east of the Cascade Mountains.

As early as next summer, the state could start transferring roughly 350 women inmates to Larch, 15314 N.E. Dole Valley Road.

If that comes to pass, male inmates at Larch would be transferred to another state prison, most likely Olympic Corrections Center near Forks, said Chad Lewis, a state Department of Corrections spokesman.

The state’s three prisons for women are near Shelton and near Gig Harbor, in addition to Pine Lodge, in the Spokane area.

Lewis said the idea to close Pine Lodge comes from Eldon Vail, who is the secretary of the DOC.

The state, with 15 prisons, has about 18,000 inmates.

Having a women’s prison at the 40-acre Larch site makes sense for another reason, Lewis said. The majority of women prisoners are from Western Washington, he said. And another prison in Western Washington might make it easier for family members to visit. Lewis said women with family connections are less likely to re-offend.

Larch is classified as a minimum-security prison. It can house about 400 men. The cost per offender per year is $22,531 compared to $37,301 for the Washington State Penitentiary at Walla Walla, according to the DOC.

Larch has fewer staff members and medical costs tend to be lower than at Walla Walla, Lewis said.

Lewis noted that the idea to make Larch a women’s facility is “not a done deal.” He said the Legislature will be involved in the decision through drafting the state’s two-year budget.How did the discussion start?

“It was pretty clear that based on the fiscal constraints we’re going to be facing, that we need to close a facility,” said Dick Morgan, director of the DOC’s prisons division.

Pine Lodge includes some aging buildings that need costly renovations, he said, “so it became the most likely candidate.”

But Larch is being remodeled and updated, Lewis said.

By closing Pine Lodge, the state would save about $14 million over the next two years, Morgan said.

Although state lawmakers will have the final say, Gov. Chris Gregoire has proposed billions of dollars in reduced spending over the next two years, forcing state agencies to find ways to wring that money from their budgets.

Pine Lodge superintendent Walker Morton said he’s urging staff at the minimum custody prison to try not to worry, that it’s just a proposal. If the prison closes, he said, he’s been told it wouldn’t be until February 2010.

“We just have to keep our eyes and ears open until the legislators do their thing,” he said.

Possibly closing Pine Lodge is only one facet of Gregoire’s proposed $125 million in savings at the Department of Corrections. And the agency isn’t alone; the Department of Social and Health Services is trying to figure out how to cut spending by nearly $1.3 billion; the Department of Health by $75 million.

Among the other changes proposed by the state Department of Corrections:

n Closing two units at the state penitentiary in Walla Walla.

n Cutting 40 staffers at DOC headquarters.

n Saving $3 million by cutting nurses and medications.

n Freezing all pay raises “until further notice.”

n Reducing or eliminating firearms training at some prisons.

“As you can tell from this list, the situation is serious,” Vail wrote in a memo to staffers Friday.

Gregoire has also proposed changes that would take 12,000 people off probation and cut probation staff by 400 people. Very sick prisoners would be released. Drug and property criminals who aren’t citizens would be deported.

And some drug offenders’ sentences would be shortened.

In addition, family and parenting programs for inmates would be cut, as would a “job hunter” program for inmates being released. Classes and drug treatment in prison would also be cut.

In another e-mail, Secretary Vail also said that lawmakers may make changes during the legislative session.

“At this time, no one can predict what our budget will look like when it is passed in April,” he wrote, “but the changes coming to the agency are likely to be significant.”
http://www.columbian.com/article/20081225/NEWS02/712259947

Posted by lois at 10:58 PM | Comments (0)

December 22, 2008

VT: Women's prison opens, but not enough women to fill it

http://www.vpr.net/news_detail/83334/

Women's prison opens, but not enough women to fill it

Monday December 22, 2008
ST. ALBANS, Vt. (AP)

Vermont corrections officials have rearranged the state's prison system,turning the correctional facility in St. Albans into awomen's prison.
But while that change has been in the works, new programs designed to keep women out of jail have helped drive down Vermont's female inmate population by 40 percent.

That means that when the St. Albans prison reopens to admit women in a few weeks it will have 140 empty beds.

State Senator Richard Sears, the Bennington Democrat who chairs the
Legislature's Corrections Oversight Committee, is among those who are
surprised at the dramatic reduction in Vermont's female prison population.

© Copyright 2008, Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Posted by lois at 09:44 PM | Comments (0)

December 12, 2008

LAC Releases New Drug Law Reform Costs Savings Report (Very good study whether or not you are in NY)

■ LAC Releases New Drug Law Reform Costs Savings Report (Very good study whether or not you are in NY)

The Legal Action Center has just completed a new study, Drug Law Reform 2008 - Dramatic Costs Savings For New York State, which finds that New York would save over a quarter billion dollars a year by reforming the Rockefeller-Era Drug Laws. When drug law reform is fully operational, it is estimated that New York would save $267,660,000 a year. Even in the first year, estimates show that New York would realize tens of millions of dollars in savings. The study calculated the cost savings that would accrue to New York State by diverting addicted individuals charged with second, non-violent, non-sex felony offenses from prison to community-based treatment, as they comprise the vast majority of individuals who are mandated into prison under current law. LAC believes such individuals should be diverted into mandated treatment if the laws are reformed. The study excludes people charged with Class A felonies. The findings take into account savings generated by the elimination of costs associated with incarceration; savings related to reduced foster care, health care and welfare costs; and increased tax contributions. To see the full study,
http://www.lac.org/pdf/RDL08_Cost%20Savings%20Report%2012_08.pdf

Posted by lois at 01:13 PM | Comments (0)

November 25, 2008

OK: Good News Theresa Lee Hernandez

Empowering Oklahoma women & girls
Monday, November 24, 2008
Theresa Lee Hernandez- Follow-up
Dear Amici, Activists, and Allies:

We are so pleased to let you know that on November 19, 2008, after serving only one year from the date of sentencing, Theresa Lee Hernandez was released from prison.

As you know, Ms. Hernandez was arrested in 2004 and charged with first-degree murder (a crime with a potential penalty of 25 years-to-life imprisonment) and second-degree murder for having suffered a stillbirth. The state claimed -- without any scientific basis -- that the stillbirth was caused by her methamphetamine use.

In 2007, as her case approached trial, national and state-based organizations, advocates and experts organized, educated and spoke out against the prosecution. These efforts were instrumental in helping Ms. Hernandez avoid a life sentence and in enabling her counsel, Robin Shellow and Jim Rowan, to negotiate a plea bargain. That plea, entered last November, resulted in a sentence of 15 years, to be revisited after Ms. Hernandez served one year in prison.

As the Tulsa World reported: "Theresa Lee Hernandez, 31, appeared before Judge Virgil Black for a sentencing modification hearing. At the request of prosecutors, Black agreed to "suspend the remainder of her sentence and ordered her released from custody." Ms. Hernandez will go to a private treatment program for 90 days and will be on probation for 10 years.

Just a week before Ms. Hernandez's November 19 release, the second of two public forums regarding pregnancy, parenting and drug use was held. This forum, held at the Integris Baptist Medical Center in Oklahoma City, was co-sponsored by the local chapters of the National Association of Social Workers and of the American College of Obstetricians and Gynecologists, the YWCA Oklahoma City, and Oklahoma State University's Gender and Women's Studies program. The panel discussion included local experts, doctors Eli Reshef and Dana Stone, and continued a conversation that drew upon evidence-based research concerning pregnancy, parenting and drug use. This conversation had begun at an Oklahoma forum one year earlier, in anticipation of Ms. Hernandez's sentencing.

The extent to which the organizing and public education effort made a difference is not only evident in Ms. Hernandez' early release, but also in what happened on the day of her release, how the media reported the decision, and what the prosecutor, District Attorney David Prater is now saying and doing.

Ms. Hernandez' release was not typical. Even in cases where a conviction is completely overturned, prisoners are almost always returned to prison for processing – something that can take weeks or even months - before they are finally released. In Ms. Hernandez' case, the judge ordered that her handcuffs be removed right in the courtroom and that she be allowed to leave straight from the courthouse to her awaiting family and friends. Ms. Hernandez was thus able, that day, to have her first taste of freedom in four years.

The media reporting was also an amazing example of what can be accomplished through meaningful education, outreach and activism.

The Channel 9 news story: "Freed from Prison" began by noting that "The case created a firestorm with doctors and women's advocates who rallied to the woman's side." Both print and television coverage noted that her release was met by the applause and cheers of family, onlookers, and supporters.

The entire Channel 9 news story was framed in a positive light. The correspondent on the Channel 9 story was asked to report about, "how authorities are now working to prevent another case like this from occurring." The correspondent began his report again referencing the experts: "Medical experts questioned whether the drug use actually caused the death of the baby, and the District Attorney heard those pleas and today asked that the prison sentence be suspended."

Kathleen Wallace, an Oklahoma City University law student, NAPW legal intern, and Oklahoma activist, appeared in the broadcast news report explaining, "It is bad precedent to charge pregnant women with a crime when what they did was try and take their pregnancy to term in spite of a drug addiction." According to Channel 9 news, "the district attorney agreed. . ."

District Attorney David Prater's actions and statements also indicated the extent to which education, outreach and activism made a difference. On the one hand, Mr. Prater stuck to the junk science story that pregnant women who use illegal drugs kill their babies, and the fable that imprisonment serves a social good by giving bad people like Ms. Hernandez a chance to prove themselves and to taking advantage of prison-based treatment programs.

(Surely, though Mr. Prater is aware of a recent case in which Oklahoma county had to pay $385,000 in damages to a woman who suffered a stillbirth as the result of horribly inadequate health care and treatment while imprisoned in the very same County Jail that Theresa Hernandez was held in for three years. )

On the other hand, Mr. Prater emerged as a meaningful spokesperson regarding the value of drug treatment and the need to increase access that treatment. On Channel 9 news, he said, "Drug and alcohol addiction is something that most people don't understand and that people need help in dealing with their drug and alcohol addiction." According to the Channel 9 news report, "Because of this case, Prater is now working to put a pilot program in place to divert pregnant women on drugs into treatment instead of locking them up. And state lawmakers will be asked to fund the program once it is developed."

Significantly, there has not been a single new OK County arrest of a pregnant woman or of a woman who suffered a stillbirth since the state-based organizing and education efforts began.

Nevertheless, while there is real cause to celebrate, there is no cause to stop working to ensure justice for pregnant and parenting women who struggle with drug problems. Although Ms. Hernandez was released to a treatment program, this was only made possible by a private benefactor willing to pick up the costs of her private treatment program – a program that may or may not facilitate her recovery and ensure that she will remain free.

The state needs to address the appalling lack of access to drug treatment and other services that will help pregnant women and families address drug and other health problems and stay together. On June 30, 2004 the Oklahoma Legislature established the Joint Task Force on Prenatal Addiction and Treatment. At their first meeting on Dec. 20, 2004, Sally Carter, an employee with the Department of Mental Health and Substance Abuse Services reported, "More than 80 percent of pregnant women in OK who need substance abuse treatment do not have access to it." Nearly three years later, on May 23, 2007, the Commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services, Terri White, stated:

"Although we are making progress in providing better perinatal services to pregnant women addicted to drugs or alcohol, a large gap in access to services still remains. . . . Not enough resources are going toward this group of women, among the most vulnerable in our society. . . Greater access to services is key[.]"

For Ms. Hernandez's sake and the sake of so many other women and families, we need to keep the pressure on to ensure that health problems are addressed through the public health system, not the criminal justice system, and that supportive, accessible and appropriate services are fully funded and made available to the people who need them. In other words – treatment must become available not as a matter of diversion from the criminal justice system but rather provided as a matter of human rights.

We know that many of you are committed to developing new interventions, programs and policies to support pregnant and parenting women, and we look forward to continuing to work with you on these efforts.

Sincerely,

Lynn Paltrow, JD
Executive Director
National Advocates for Pregnant Women
This and other news about women and organizing can be found at www.realcostofprisons.orgmpowering Oklahoma women & girls
Monday, November 24, 2008
Theresa Lee Hernandez- Followup
Dear Amici, Activists, and Allies:

We are so pleased to let you know that on November 19, 2008, after serving only one year from the date of sentencing, Theresa Lee Hernandez was released from prison.

As you know, Ms. Hernandez was arrested in 2004 and charged with first-degree murder (a crime with a potential penalty of 25 years-to-life imprisonment) and second-degree murder for having suffered a stillbirth. The state claimed -- without any scientific basis -- that the stillbirth was caused by her methamphetamine use.

In 2007, as her case approached trial, national and state-based organizations, advocates and experts organized, educated and spoke out against the prosecution. These efforts were instrumental in helping Ms. Hernandez avoid a life sentence and in enabling her counsel, Robin Shellow and Jim Rowan, to negotiate a plea bargain. That plea, entered last November, resulted in a sentence of 15 years, to be revisited after Ms. Hernandez served one year in prison.

As the Tulsa World reported: "Theresa Lee Hernandez, 31, appeared before Judge Virgil Black for a sentencing modification hearing. At the request of prosecutors, Black agreed to "suspend the remainder of her sentence and ordered her released from custody." Ms. Hernandez will go to a private treatment program for 90 days and will be on probation for 10 years.

Just a week before Ms. Hernandez's November 19 release, the second of two public forums regarding pregnancy, parenting and drug use was held. This forum, held at the Integris Baptist Medical Center in Oklahoma City, was co-sponsored by the local chapters of the National Association of Social Workers and of the American College of Obstetricians and Gynecologists, the YWCA Oklahoma City, and Oklahoma State University's Gender and Women's Studies program. The panel discussion included local experts, doctors Eli Reshef and Dana Stone, and continued a conversation that drew upon evidence-based research concerning pregnancy, parenting and drug use. This conversation had begun at an Oklahoma forum one year earlier, in anticipation of Ms. Hernandez's sentencing.

The extent to which the organizing and public education effort made a difference is not only evident in Ms. Hernandez' early release, but also in what happened on the day of her release, how the media reported the decision, and what the prosecutor, District Attorney David Prater is now saying and doing.

Ms. Hernandez' release was not typical. Even in cases where a conviction is completely overturned, prisoners are almost always returned to prison for processing – something that can take weeks or even months - before they are finally released. In Ms. Hernandez' case, the judge ordered that her handcuffs be removed right in the courtroom and that she be allowed to leave straight from the courthouse to her awaiting family and friends. Ms. Hernandez was thus able, that day, to have her first taste of freedom in four years.

The media reporting was also an amazing example of what can be accomplished through meaningful education, outreach and activism.

The Channel 9 news story: "Freed from Prison" began by noting that "The case created a firestorm with doctors and women's advocates who rallied to the woman's side." Both print and television coverage noted that her release was met by the applause and cheers of family, onlookers, and supporters.

The entire Channel 9 news story was framed in a positive light. The correspondent on the Channel 9 story was asked to report about, "how authorities are now working to prevent another case like this from occurring." The correspondent began his report again referencing the experts: "Medical experts questioned whether the drug use actually caused the death of the baby, and the District Attorney heard those pleas and today asked that the prison sentence be suspended."

Kathleen Wallace, an Oklahoma City University law student, NAPW legal intern, and Oklahoma activist, appeared in the broadcast news report explaining, "It is bad precedent to charge pregnant women with a crime when what they did was try and take their pregnancy to term in spite of a drug addiction." According to Channel 9 news, "the district attorney agreed. . ."

District Attorney David Prater's actions and statements also indicated the extent to which education, outreach and activism made a difference. On the one hand, Mr. Prater stuck to the junk science story that pregnant women who use illegal drugs kill their babies, and the fable that imprisonment serves a social good by giving bad people like Ms. Hernandez a chance to prove themselves and to taking advantage of prison-based treatment programs.

(Surely, though Mr. Prater is aware of a recent case in which Oklahoma county had to pay $385,000 in damages to a woman who suffered a stillbirth as the result of horribly inadequate health care and treatment while imprisoned in the very same County Jail that Theresa Hernandez was held in for three years. )

On the other hand, Mr. Prater emerged as a meaningful spokesperson regarding the value of drug treatment and the need to increase access that treatment. On Channel 9 news, he said, "Drug and alcohol addiction is something that most people don't understand and that people need help in dealing with their drug and alcohol addiction." According to the Channel 9 news report, "Because of this case, Prater is now working to put a pilot program in place to divert pregnant women on drugs into treatment instead of locking them up. And state lawmakers will be asked to fund the program once it is developed."

Significantly, there has not been a single new OK County arrest of a pregnant woman or of a woman who suffered a stillbirth since the state-based organizing and education efforts began.

Nevertheless, while there is real cause to celebrate, there is no cause to stop working to ensure justice for pregnant and parenting women who struggle with drug problems. Although Ms. Hernandez was released to a treatment program, this was only made possible by a private benefactor willing to pick up the costs of her private treatment program – a program that may or may not facilitate her recovery and ensure that she will remain free.

The state needs to address the appalling lack of access to drug treatment and other services that will help pregnant women and families address drug and other health problems and stay together. On June 30, 2004 the Oklahoma Legislature established the Joint Task Force on Prenatal Addiction and Treatment. At their first meeting on Dec. 20, 2004, Sally Carter, an employee with the Department of Mental Health and Substance Abuse Services reported, "More than 80 percent of pregnant women in OK who need substance abuse treatment do not have access to it." Nearly three years later, on May 23, 2007, the Commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services, Terri White, stated:

"Although we are making progress in providing better perinatal services to pregnant women addicted to drugs or alcohol, a large gap in access to services still remains. . . . Not enough resources are going toward this group of women, among the most vulnerable in our society. . . Greater access to services is key[.]"

For Ms. Hernandez's sake and the sake of so many other women and families, we need to keep the pressure on to ensure that health problems are addressed through the public health system, not the criminal justice system, and that supportive, accessible and appropriate services are fully funded and made available to the people who need them. In other words – treatment must become available not as a matter of diversion from the criminal justice system but rather provided as a matter of human rights.

We know that many of you are committed to developing new interventions, programs and policies to support pregnant and parenting women, and we look forward to continuing to work with you on these eff