Frias versus Mattiello in the shadow of prison gerrymandering


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Mattiello at the Grange 004The electoral race between Speaker of the House Nicholas Mattiello and his Republican challenger Steven Frias has, for obvious reasons, drawn an incredible amount of attention. Both candidates are working very hard to capture every vote they can in their district. But one exceptional aspect of their race has gone unmentioned: they have fewer people to convince to vote for them than in all but one other House district.

The reason for this anomaly is the very undemocratic (small d) practice of prison gerrymandering. Prison gerrymandering refers to counting all of the people incarcerated at a prison in the district where the prison is located for purposes of creating district lines, even if they don’t legally reside there, are barred from voting there, and must vote (absentee) from their actual home addresses. District 15 has approximately 1,230 of these incarcerated persons being counted as constituents there.

Steven Frias
Steven Frias

This skewing has a number of consequences. Specifically, as noted above, it means that Speaker Mattiello and challenger Frias actually have 1,230 fewer constituents they have to reach out to and represent. Although they are treated as residents of District 15 for purposes of carving up that district, these incarcerated persons are not considered residents there for any other meaningful purpose, including for purposes of voting. In fact, the many ACI inmates who remain eligible to vote despite being incarcerated are essentially barred by state law from voting in this House race. Instead, they must vote (by absentee ballot, of course) in the election that is taking place where they previously resided.

ACIThere is another impact that flows from this practice: the voting strength of the communities from which the inmates come is diluted, while the political influence of the city residents in which the prison is located is inflated. By inappropriately counting the 1,230 ACI inmates as District 15 residents, every resident of the state not living there has his or her representation diluted by about 8% compared to residents in district 15. Put another way, by virtue of his location, the House Speaker is more powerful than other legislators not just because of his title, but because 92 constituents of his House District have the same influence as 100 residents in almost every other district. (Only neighboring District 20, which also includes portions of the ACI, wields a bigger disproportionate influence.)

In 2013, the ACLU sued to challenge this practice. In a major decision, U.S. District Court Judge Ronald Lagueux agreed that prison gerrymandering violated the one person, one vote requirements of the U.S. Constitution. Unfortunately, earlier this month, the U.S. Court of Appeals in Boston reversed that decision.

As a result, it is now up to elected officials to address the issue. For the past three years, the state Senate has passed a bill that would ban prison gerrymandering, something that four other states and a few hundred municipalities across the country have done in recognition of this problem. Unfortunately, the bill has died in the House in past years. And at the local level, Cranston officials decided it was worth spending taxpayer money (to the tune of $250,000 even before the appeal) rather than make their municipal districts more equitable as so many other localities have voluntarily done.

Once all the votes are counted in the District 15 race on November 8th, we will only be able to speculate what the outcome might have been if the two candidates had to increase their door-knocking to persuade hundreds of additional people (more closely matching the number of constituents that candidates in other districts generally must represent) to vote for them.

We should stop speculating by eliminating its cause. There is no question that Speaker Mattiello cares deeply about his community, just as we are sure Mr. Frias does. Let’s halt the practice of prison gerrymandering so that 1,000 more people can benefit from that care and stewardship, and so that District 15 (and District 20) more fairly represents the same number of residents as other districts.

New group begins study of solitary confinement at ACI


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Aaron Regunberg
Aaron Regunberg

How many Rhode Island inmates are put in solitary confinement? Why are they there? How long do they stay? “And what do they actually look like,” asked Providence Rep. Aaron Regunberg, chair of a new state commission that will answer these and other important questions about the use of solitary confinement at the ACI.

The new commission met for the first time Thursday, and hopes to answer some of those questions at its next meeting on October 20. From there, the commission plans to take a hard look at psychological effects on inmates, public safety effects on society and fiscal impacts on the state budget.

“Is there room for improvement in how we do things, and if so where” asked Regunberg, “Again I want to stress that as a body we’re not starting out with assumptions. We might find out that everything is as reasonably good as it can be … we might find out there are particular rooms for improvement. We’re going to figure that out as we move forward.”

There seemed to be broad agreement on the commission – comprised of prison and prison guard officials, mental health experts and criminal justice advocates and three legislators – that so-called solitary confinement was something worth studying.

“It goes by a number of different names,” said ACI Director AT Wall, a member of the new commission. “We tend to call it restrictive housing. Restrictive housing has emerged as an issue across the country, an issue in inmate management and it’s one that we think we have to take a look at and we are here in a spirit of collaboration to do just that.”

Even Richard Ferruccio, president of the Rhode Island Brotherhood of Corrections Officers, which expressed strong reservations about reforming solitary confinement practices at legislative hearings last year, was hopeful the commission would prove productive.

“I’m looking forward to seeing what we can do to improve our system,” he said. “I think we already have one the better run systems in the country but if we have an opportunity for improvement or ideas, that’s something we’re always looking forward to.”

Mental health advocates said there are “necessary changes” needed in how the ACI uses solitary confinement.

“I’m very happy that all of these people have convened to make these necessary changes,” said Meg Clingham, director of state Office of Mental Health Advocate. “Many of my clients that are criminally involved and at the ACI find themselves in segregation because they are unable to comport their behavior due to their mental illness so I think it’s really great that we are looking for solutions to this problem.”

This was the first of at least six meetings before the commission offers possible recommendations.

The commission’s mandate from the legislature (H8206) includes a preference for administrative rather than legislative reforms. “There are important stakeholders who have expressed a strong preference for administrative over legislative reform,” according to a power point presentation shown at the commission’s first meeting. “As such, if the commission determines there is room for improvement, our first goal is to identify a set of recommendations that can be implemented administratively.”

 

Providence holds solidarity march for National Prison Strike


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2016-09-10 Prison Strike Support Rally and March 04A march from Kennedy Plaza to the Providence Public Safety Complex, with a brief, tense stop in front of the Providence Place Mall was held in Providence Friday evening in solidarity with a National Prison Strike, on the 45th anniversary of the Attica Uprising.

After gathering in Kennedy Plaza, across from Providence City Hall, the march headed for the Providence Place Mall, where it came to a stop, blocking one direction of traffic. Providence Police, lead by Lt. Oscar Perez, had until this time been clearing traffic ahead of the march, but here, with traffic stopped, there was a tense five minutes where a threat of arrest seemed imminent. No arrests took place.

Still, many of the participants felt the police showed their hand in front of the mall. At the Providence Public Safety Complex, after the march, a speaker maintained that though the police were saying that they were “trying to keep us all safe… the second we stopped at the mall… we were threatened with arrest… Safety goes out the window when it comes to capital. They’re here to protect and serve, just not us. They’re here to protect fucking capital.”

2016-09-10 Prison Strike Support Rally and March 02On my way back to Kennedy Plaza after the event Lt. Perez told me, half jokingly, that “those kids kind of hurt my feelings.”

The problems with capitalism, though, is one of the points this strike and the supportve march is trying to make. As the march organizers say on their event page, “Slavery is legal in America. Written into the 13th Amendment, it is legal to work someone that is incarcerated for free or almost free. Since the Civil War, tens of millions of people – most arrested for non-violent offenses – have been used as slaves for the sake of generating massive profits for multi-national corporations and the US government. Today, prison labor is a multi-billion dollar industry which helps generate enormous wealth for key industries such as fossil fuels, fast food, telecommunications, technology, the US military, and everyday house hold products…

“This is not just a prison strike for better wages or conditions, it is a strike against white supremacy, capitalism, and slavery itself.”

This is the context for the stop at the mall. The mall sells products made by prison labor. Not paying prisoners wages for the work they do, or paying them a fraction of what workers outside prisons make, depress the wages of everyone. The slavery system of prison labor has real consequences for everyone, especially the poor and marginalized, who are often only one bad day away from being in prison themselves.

Nationally, the strike is being led by groups such as the Free Alabama Movement, Free Texas Movement, Free Ohio Movement, Free Virginia Movement, Free Mississippi Movement, and many more. Locally, the march was organized by the Providence chapter of the IWW Incarcerated Workers Organizing Committee [IWOC].

The strike is certainly not a one day event. Today, at the Adult Correctional Institute (ACI), at 40 Howard Ave in Cranston, there will be “Noise Demo in Solidarity with National Prison Strike” at 2pm. The event asks that participants “Bring banners, signs, noise makers, friends, co-workers, neighbors, family members, and more!” and suggest that if you are traveling by car that you park at the DMV parking lot at 600 New London Ave.

For more information:

Strike Against Prison Slavery

Let the Crops Rot in the Field

Incarcerated Workers Take the Lead

End Prison Slavery

Here’s video from the speak out:

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2016-09-10 Prison Strike Support Rally and March 01

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Political forces align against progressives ahead of primary


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Nicholas Mattiello
Nicholas Mattiello

Two races of special importance to Speaker of the House Nicholas Mattiello are being influenced through mailers sent out by a not-so-mysterious group calling themselves “Progress RI” which is funded by the Rhode Island Brotherhood of Correctional Officers (RIBCO).

As can be seen in the screenshot below, Nicholas Mattiello has made contributions to both Jan Malik and David Coughlin. This is in itself not unusual. Both are loyal members of Mattiello’s base and both received contributions of $1000, the legal limit. Coughlin received contributions in excess of the legal limit, but the extra $500 was refunded, essentially a $500, interest free, three month loan.

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Mattiello awarded Coughlin a second over-the-limit and later-refunded $500 campaign contribution/interest-free loan through his PAC, Fund for a Democratic Leadership, as seen below:

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As Ted Nesi tweeted last evening, the Progress RI PAC, (a name that invokes the Rhode Island Progressives Democrats of America (RIPDA) though they have no affiliation), has reported spending $9,348 on mailers against five candidates, including Jason Knight who is challenging Jan Malik and David Norton who is challenging David Coughlin. All the money for Progress RI comes from RIBCO, to the tune of $9,500.

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Richard Ferruccio is the president of RIBCO, and lobbies extensively at the State House on that union’s behalf, often arguing for tougher sentences and longer periods of incarceration for offenders and against legislation that might reduce sentences.
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RIBCO is a strong supporter of Speaker Mattiello, as seen from this list of campaign contributions:

005There seems an alignment of interests between Ferruccio and Mattiello. Both are working against Knight and Norton and for Malik and Coughlin. The ACI, where most of Ferruccio’s prison guard membership works, is in Mattiello’s district in Cranston.

Richard Ferruccio
Richard Ferruccio

Ferruccio generally opposes changes in the law that lead to early release of prisoners. Mattiello was singularly uninterested in passing Governor Gina Raimondo’s criminal justice reform package of bills, saying “The justice reform package was never a priority for the House. I was never convinced Rhode Island should be a test case for a national model on criminal justice.” Sam Bell suggested that the alignment of interests might be a “thank you” for “killing prison reform” though

Ferruccio did not respond to a phone message left at his office. Following Matt Jerzyk‘s advice on Twitter, I also reached out to Nick Horton at Open Doors, but was unable to connect.

Trump hits Minneapolis, the city hits back


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Yusuf Dayur
Yusuf Dayur

Coincidentally, Republican presidential nominee Donald Trump came to Minneapolis MN on the same day I made my first visit to the city. This turned a day that I had planned to spend sightseeing into a day of traveling to three different anti-Trump events.

“Trump’s rhetoric is creating an unsafe environment for the Muslim community, for the Somali-American community, and we have seen an increase in Islamaphobia and anti-Muslim efforts across the state of Minnesota,” said Jaylani Hussein, executive director of the Council of American-Islamic Relations- Minnesota (CAIR-MN), “We have seen, just a few weeks ago, an incident involving five young Muslim men who were shot… we believe that incident is a hate crime.”

Hussein believes that Trump’s extremist rhetoric is creating a hostile, unsafe environment for Muslim Americans and immigrants, and the effects are being felt by the most vulnerable.

Hussein introduced 13-year old Yusuf Dayur who has been experiencing bullying in his school because he is a Muslim. Hussein suggested that Dayur might one day be president. Though Dayur’s school is very proactive in providing Dayur time and space in which to pray, some of his fellow students do not trust him because he is a Muslim. Dayur bravely fought back tears as he described the difficulties he faces.

Jaylani Hussein’s full comments:

2016-08-19 Cosecha MN 003After the press conference I headed across town to the Minnesota State Republican Offices where Cosecha Minnesota was holding a “Wall Off Trump” event. Cosecha is “a nonviolent decentralized movement that is focused on activating our immigrant community and the public to guarantee permanent and humane protection for immigrants in this country.”

Estaphania and another woman explained that their protest, in which they painted a wall, like the one Trump is promising on the Texas-Mexico border, is meant to draw attention to Trump’s extremist rhetoric that threatens the health and safety of immigrant Americans.

2016-08-19 MN Convention Center Protest 066My last stop was at the Minneapolis Convention Center, where people representing virtually everyone Trump has ever publicly maligned, including immigrants, black Americans, members of the LGBTQ community, women, Muslims, indigenous Americans and more, gathered together to denounce Trump ahead of his visit to a large donor rally.

This protest was organized by MIRAc, the Minnesota Immigrant Rights Action Committee, a group that, “fights for legalization for all, an end to immigration raids & deportations, an end to all anti-immigrant laws, and full equality in all areas of life.”

2016-08-19 MN Convention Center Protest 009Trump did not make a public appearance in Minnesota, or even speak to the press. He spoke to donors only at the Convention Center. But his very presence in the city was enough to galvanize this group to come out to speak, sing, dance and chant their opposition to Trump being president.

According to the Minnesota Star Tribune, after this event, as Trump donors left the convention center, they were confronted by angry demonstrators. “The demonstrators who harassed donors were not present earlier on, when the protest was peaceful. Many in the later group hid their faces behind scarves,” writes reporter Patrick Condon, “Minneapolis police spokeswoman Sgt. Catherine Michal said there were no arrests and no reported injuries. There was, however, minor damage, including graffiti on the walls of the Convention Center, and officers had to escort Trump supporters in and out of the lobby because they were being harshly confronted, Michal said.”

Below are the rest of the pictures and video from the three events.

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Jaylani Hussein, CAIR-MN

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Rhode Island’s response to Dallas defines our priorities


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Angel Reyes

At a meeting to plan a Rhode Island response to the killing of Alton Sterling and Philando Castile, the moderator, a black man, made the point that many in his community feel these deaths – of people they don’t know who live far away – as personally and intensely as they feel the death of a cousin or a friend.

“White people,” he said, “don’t understand that.”

This is true. None of us truly understands the day to day prejudice experienced by people of color in our country absent actually experiencing it. This solidarity of experience escapes most, if not all white people in this country. The bond created across time and distance by systemic oppression is intense, and personal.

I can feel some of this. When Trayvon Martin was murdered, he was about my son’s age. They both wore hoodies and both liked Mountain Dew and Skittles. I felt Trayvon Martin’s death acutely, but  my reaction was blunted by my privilege. I didn’t then and don’t now fear for my son’s life the way parents of black children do. My son is white. I have the luxury of keeping my parental fear levels at the lowest setting.

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Steven Paré

“A part of us died last night,” said Providence Public Safety Commissioner Stephen Paré at a press conference Friday afternoon, “when five colleagues in Dallas, were shot and killed.”

Paré can acutely feel the deaths of police officers far away. He sees the police officers killed in Dallas as colleagues, and can certainly imagine the nightmare of losing five officers in Providence.

But the analogy ends there.

When police officers were murdered in Dallas, Governor Gina Raimondo called a press conference of police and community leaders well within 24 hours. Two United States senators offered words of calm and condolence. Flags were ordered to fly at half mast by government order.

No press conferences were planned for Alton Sterling and Philando Castile. It took the death of police officers to do that. That alone signals our priorities as a culture.

Police can call for back up. They can get the National Guard and the full power of the United States military flown in if necessary. Police can attach bombs to robots and kill by remote control if necessary.

The unlimited force and power of the United States can be brought to bear against those who kill police officers, but when it comes to the extra-judicial murders of people of color by police…

… there is no back-up.

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Janelle organized a small protest in Kennedy Plaza Friday morning.
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Thirty feet from the protest PVD Police were arresting a black man.

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This woman berated the protesters. “All lives matter,” she said, “not just black lives.”

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Senator Sheldon Whitehouse was at Governor Gina Raimondo’s press conference.
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Reverends Eugene Dyszlewski and Donald Anderson
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Moira Walsh and son
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Governor Raimondo reiterated her call for the passage of justice reform and gun control legislation.
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Jim Vincent, Kobi Dennis, Jack Reed
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Steven O’Donnell
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Kobi Dennis

Here’s the full video from the press conference:

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A post-mortem for probation reform


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justice reinvestmentThe Justice Reinvestment reform package died at some point late last Friday night, passing the Senate but never making it out of the Judiciary Committee in the House. This was a surprising conclusion to nearly a year of momentum building around the issue of mass probation and mass incarceration, and is indicative of the uphill battle any criminal justice reform measures face. Even in an era where conversations about prison spending are front and center, substantive reform faces the same ‘tough on crime’ hurdles it always has.

After a landmark effort to bring together all stakeholders to fix what was commonly referred to as a ‘broken’ system, six pieces of legislation emerged in the spring, with all of them eventually passing the Senate.  The compromise legislation was already almost unrecognizable from the far more progressive recommendations made to the Justice Reinvestment Working Group by the research and consulting group, the Council of State Governments. However it was ultimately a strong package that reflected a diverse array of interests and promised meaningful change and improvements.  The legislation was a testament to the leadership, hard-work, and collaboration by all branches of the government, and spear-headed by the governor, at tackling the third-rail of criminal justice reform.  The group also worked hard to incorporate communities that are so highly impacted by these issues, listening to the concerns of criminal justice advocates, the NAACP, and those directly affected.

Much of the language of the bills essentially codified goals for how to best run probation and sentencing.  The importance was just as much about demonstrating a set of ideals and priorities to all stakeholders, such as the judiciary, the public defender, and the attorney general, as mandating change. For example, a section on correctional impact statements would require an estimation on the effect on the DOC budget for any relevant future legislation. Such a change would not require legislation to implement, but the goal was to use statute to compel progress. As another example, a provision allowing police to bring a mentally ill individual to treatment instead of jail permits a decision that could be made by a cop on the street any way, but is encouraged by legally formalizing the process. As a result, the failure of the bills is even more of a two-sided coin: on the one hand, many of the goals can still be implemented even without legislation. On the other hand, the death of legislation so modest and restrained indicates a strong opposition to reform.

Had the package only contained these more rhetorical modifications, it may have passed.  But at the same time the bills also succeeded in targeting several concrete, important, and seemingly consensus changes that would have substantively reduced correctional spending. Since these provisions were the only ones that ended up receiving any push-back in committee, it seems possible they were what torpedoed the efforts.

These provisions were nowhere near as ambitious as the major policy goals laid out at the start of the process. Most notably, from the beginning of the Justice Reinvestment Working Group, there was conversation about a cap on probation length.  This ultimately morphed into an extremely restricted max for a very small set of charge types that was recommended by the Judiciary as part of the new court rules.  None of the more impactful ideas made it into the legislative package.

However, some important though widely supported changes aimed at reducing correctional costs did emerge.  These included expanding the criteria for medical parole, which would have enabled greater paroled release of sick and dying inmates. Another important change merely gave the parole board more discretion to impose shorter sentences for parole violations, as requested by the board itself.  Another provision created a more formal process for the judiciary to choose to divert criminal cases as it saw fit, another very conditional and discretionary form of reform.  Perhaps the most progressive bill, Senate Bill 2935, would have reduced the maximum sentences for certain assaults and larcenies by creating a tiered system based on severity. While judges and attorneys naturally take severity into account during sentencing, this legislation would have concretely capped the amount of probation or prison time for less severe versions of the crimes.

In some ways, the decision by the House to not pass the legislation leaves the state, at the moment, back where it was in April, 2015, after the forum on mass incarceration at Roger Williams Law School.  At that forum, the members of the entire state criminal justice apparatus spent a day learning about mass incarceration.  The hope was each member would feel emboldened to use their discretion to provide a check to the tough on crime mentality that has driven us to this point.  With the effort and commitment to reform heralded by the governor, supported by the DOC and Judiciary, and passed by the Senate, that imperative remains stronger than ever.