RI Supreme Court upholds major probation violation bill


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The RI Supreme Court, in a decision written by Supreme Court Justice Maureen Goldberg, upheld what is one of the most influential pieces of criminal justice reform legislation in the past ten years.

This law, known alternately as the “Justice and Innocence Bill” and the “32(f) law,” was passed in 2010 but has been on hold since 2012 due to a Superior Court ruling challenging its constitutionality. If you have never been put on probation in Rhode Island, the law might seem obscure. But if you are like the tens of thousands of people who have been sentenced to probation, this bill means something very important. It means a meaningful chance to fight a false accusation.

Prior to 2010, the law allowed people to be imprisoned for a crime for which they had been acquitted, and this Supreme Court ruling reinstates the legislation intended to end that practice.  That 2010 bill, sponsored by Representative David Segal and Senator Rhoda Perry, required what would seem on its face value to be a common sense reform–that if someone is acquitted of a crime, they be released from prison.

The Segal-Perry bill was the result of a four year legislative campaign, which involved many spokespeople telling their story, strong opposition from the Attorney General and the police, an initial veto by Governor Carcieri, and eventual passage with overwhelming, bi-partisan support. In the final campaign, the legislation even received support from former Attorney General James O’Neil.

This seven minute video (recommended for anyone interested in this issue) features a description of the probation violation system’s lack of due process as explained by former Superior Court Judge Stephenreinvestinjusticecrowd 2 Fortunato, who states “In practice, if you  can get someone arrested, you can probably get them convicted as a violator.” It also  features an interview with the late and esteemed John Hardiman, former Chief of the Public Defender, who states, “If you had all the evidence at a violation hearing you had a trial,  chances are maybe the person wouldn’t have been violated, and that is the importance of  this bill.” This was a grassroots struggle, with organizers from OpenDoors and DARE  at one point covering the statehouse with thousands of ribbons with the names of people on probation in the state.

John Prince, a long-time advocate and community organizer with DARE, has a story that is integral to the passage of this legislation.  John has not only spent nearly a decade fighting for this reform, he has spent over 30 years waiting for it, ever since he was falsely  imprisoned in 1982 for four years.  While on probation, he was charged with a Breaking & Entering, and despite compelling evidence that he was falsely accused, he was essentially railroaded by a system too quick to convict.  I say he was falsely accused, because I have spoken directly to witnesses (who are also interviewed  in the advocacy video) and talked to the person, one of the real perpetrators of that crime years ago, who falsely accused him.

As John’s case illustrates, the reform has the potential to have a broad impact but the extent is not entirely known. While there are very few, potentially no, people who are currently incarcerated for violations who were also acquitted at trial, every probation revocation and plea bargain negotiation is influenced by the fact that the defendant knows they have no recourse through trial.  There are no doubt other cases out there like John’s, cases which disappear due to the expediency of probation revocations. These cases may see the light now. This legislation and Supreme Court ruling are thus systemic reforms, with a multiplied impact due to the large use of probation in this state (the fourth highest rate in the country). In some neighborhoods in Providence, over half the adult African American men are on probation, so this reform is a unique realignment of the justice system for those communities.  In fact, no other state in the country follows the laws now in place in RI with this reform (with Illinois being the closest there is).

However, at the same time that this is a fundamental reform, it will also have a measured, limited effect.  It is not a get out of jail free card.  The actual defendant in this case, Robert Beaudoin, was not acquitted at trial until April, 2013, only one month before his two year sentence expired anyway, meaning that had the law been implemented it still would have had only a small impact on him.  Even with this reform, the state can employ a number of strong practices to protect the public whenever there is any indication a person on probation might not have kept the peace, which include holding the defendant without bail, prolonging the time until trial, and using the leverage granted by the often very long suspended sentences.  This reform only affects an individual whose case falls into a specific range of doubt—there is enough evidence to revoke their probation at a hearing but not enough evidence to convict them at trial.  Yet, even then, the actual effect of this reform will largely be to shorten incarceration periods for potentially innocent people, not free them carte blanche.

Reducing mass incarceration is ultimately a vital goal.  This was the subject of the  mass incarceration symposium last year, widely attended by policy makers across the state, and is a key goal of the Governor’s Justice Reinvestment Working Group.  And as was heard at that symposium, the main drivers of mass incarceration are that, compared to the past, we are more quick to incarcerate and more likely to incarcerate for longer.  The results of this historical policy shift are stark in Rhode Island, and the crime control benefits are not wholly demonstrated.  As we look to identify what reforms can restrain this system, it makes sense to look at an important type of change—reducing the prison sentences for people that may very well be innocent.  That was the goal of the many who instituted this reform in 2010, a reform which will hopefully now finally be implemented.

Another World Is Possible: Police and Prisons


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This year Rhode Island’s Future is going to host a fortnightly column called Another World Is Possible. Using the popular socialist slogan as our guide, we are going to create twelve articles that deliver an in-depth description of what a socialist world would look like. There are plenty of writings on the internet that explain all sorts of theoretical positions on any variety of socialism, but we want to go to the next level and suggest the laws and social practices that can and should be enacted to bring the Ocean State to that point within our lifetimes.

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This year has seen an upsurge of angst in the public sphere surrounding the police. Whether discussing overt police violence (the militarization of the force, the prison-industrial complex, ethnic profiling) or covert violence (the revelations about domestic spying by the NSA via the internet), we are seeing a fantastic debate that has not existed in the mainstream for a generation.

I want to begin this essay with first a rebuttal to the classical liberal/libertarian-capitalist critique of the police, a discussion which I find to be logically deficient in a key aspect. Then I want to offer a discussion of what an alternative would be in a socialist world. I chose to deal with this topic as my opening discussion so to both identify a key point in our society in need of radical reformation while also negating any accusations of Utopian fantasia at the outset.

The typical liberal/libertarian-capitalist critique of the police has always been one based around notions of autonomy and liberty. There are certain Libertarian Party members today who are fantastic in civil rights issues and have great stances on rejection of racism, sexism, and homophobia. They link the rejection of the police to these struggles and will say police target minorities as the state will target women seeking abortion care or queer people engaged in consenting activity, ergo we need less government, beginning with the police.

But what this argument fails to grapple with is the fact police do not exist to protect and serve the people, just as the state in the capitalist world fails to stand of, for, and by the people. Instead, the state and the police that protect its existence are created to protect property. In this sense, the taxpayer always is secondary.

It is also important here to articulate the fact that the greatest trick played on the American worker was the notion of class mobility and that somehow they were members of the middle class. In the post-World War II period, when the Baby Boom and the Keynesian economic heyday was in full force, returning white GIs had the various veterans benefits to depend on to help them pay for a house and hold down a good job (I say white because veterans of color were barred from these benefits in many cases, causing a huge level of structural racism to continue). These vets were made to think that, because they could afford a piece of property to shelter their 2.5 children and go on holiday in the summertime, they were now on the same economic footing as the European middle class.

That is the most brilliant delusions in human history. It is why America has never had a successful socialist movement and why Western Europe’s Communist parties were never successful in parliamentary politics.

Prior to the World Wars, when this delusion began, the middle class was a social group composed of the small business owners who depended on inherited wealth to maintain their social standing. Class mobility was impossible and one did not move out of the working class unless you met Prince Charming and married up, as it was called.

The Marxist Internet Archive defines the middle class in these terms:

[The] Petit-bourgeoisie, the “little people”, who like the proletariat, do real work (private labour), but possibly also employ wage-workers, thereby sharing social interests with the bourgeoisie, but being “little people” are constantly being “done over” by the big firms, and frequently find themselves thrown into the ranks of the proletariat… Bourgeois sociology determines class differently: when people are asked which class they are, the majority always reply “middle class”, just as people used to think the Earth was the centre of the Universe and “the truth lies in the middle”, etc., etc. Despite the fact that identity is often middle-class, class-consciousness among the middle-class is almost a contradiction in terms, as people finding themselves located in the middle, usually identify themselves with one side or the other when it comes to politics.

In the epoch of neoliberalism, we have seen the myth of the middle class break down and the advent of neoclassical economics has recreated the class bifurcation between the bourgeoisie and the proletariat. As a result, we have also seen the growth of the prison-industrial complex which is the vanguard of property rights.

As such, we need to radically redefine our ideas about what the police are for and what is to be done with prisons.

In terms of the police, we must redefine their role in our community, a move which requires a radical reformulation of the curriculum of the police academies. Instead of being protectors and servants of property, they must become facilitators and provide assistance to the people. This sort of logic would see communities controlling their own well-being in a democratic fashion while putting our police forces through a massive demilitarization. There are some instances when police can have some benefit for a community, as in the case when a police officer acts as a crossing guard near a school or directs traffic at a busy intersection. But the dynamic of having a militarized police force has no place in our civil society, it only invites strife.

In terms of what is to be done with prisons, in the black radical tradition, the finest strand of socialist thought in American history, the guidance is to be taken from the prison abolition movement. Here is Ruth Gilmore Wilson explaining the basic logic of the prison abolition movement.

The first step to enact this in Rhode Island is to eliminate the profit motive with the Adult Correctional Institute. According to Human Rights Watch, the inmates at the ACI produce the following:

The industry program in Rhode Island manufactures or performs services related to auto body repair, quick copy, residential/household/dormitory furniture, seating, signage, flags, metal and wood furniture refinishing, janitorial supplies, paint, panel systems, license plates and printing. Work crews are also available to perform the following services: moving; grounds maintenance; exterior and interior painting; rug shampooing; building cleaning; litter cleanup and floor stripping. [Emphasis added]

By replacing the unionized work force that would perform these tasks with cheap laborers provided by the prison, the judicial corrections system ceases to function as a correctional mechanism at all and instead destroys any potential for the recreation of an economic base in Rhode Island. It also adds a motivation to the arrest of individuals that, when combined with the racialized nature of American culture, recreates that chattel slave caste system that our nation had a Civil War because of.

At this point in time, it is clear that the prison must be abolished and that it is worthwhile to support these efforts so to one day reach another world. To achieve this, the Providence Industrial Workers of the World have recently begun efforts that readers are encouraged to engage with. They can be contacted at Providence@IWW.org with an e-mail subject line of Incarcerated Worker Organizing Committee, or IWOC. For more information about these efforts, visit the IWOC webpage at https://iwoc.noblogs.org.

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Joyce Penfield always finds new ways to fight for racial, social justice


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Reverend Joyce Penfield in the St. Peter's and St. Andrew's Church.
Reverend Joyce Penfield in the St. Peter’s and St. Andrew’s Church.

Reverend Joyce Penfield, of the St. Peter’s and St. Andrew’s Episcopal Church in Providence, has been fighting for racial and social justice her entire life. “It’s been my calling since I was 13,” she said.

Her father was a leader of the local Lutheran church in Phylo, Illinois – “I lived in a cornfield, honestly,” she said, by way of describing Phylo’s rural character – and the congregation decided it didn’t want to rent out a church property for fear of potentially attracting a black tenant. “But you raised me to love everyone,” Penfield remembers arguing with her father at the time.

“I believed what they taught me about Jesus,” Penfield told me, “that you are supposed to love everyone – especially those who have been left behind.”

She graduated high school in 1964 and became active in the Civil Rights Movement. She became a minister and considered studying at the Chicago Theological Seminary, where Jesse Jackson was educated. She joined the Peace Corp and did several stints, over the years, in Nigeria. She married a Nigerian man and became active with the NAACP when their biracial children experienced discrimination from the police in New Jersey.

When she moved to Rhode Island in 2001 she became the Episcopal minister at the ACI, and immediately realized a need for post-prison rehabilitative programs. The recidivism rate at the time, she said, was about 65 percent.

“If you have a product that is successful only 35 percent of the time, that’s not very good,” Penfield said. “But nobody cares about prisoners because they create jobs. I began to see the real problem. There wasn’t any place for them to go and there wasn’t any help for them. There are so many roadblocks people encounter when they first get out of jail. They might have lost friends, they probably lost their job.”

So in 2004, she created The Blessing Way, a halfway house for homeless former inmates trying to stay sober.

“We’re a bridge to integrating back into the community,” Penfield said. “We’re almost like a shelter, but a little bit better. We help people fly on their own.”

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Penfield and Raphael Ribera, an employee of the Blessing Way, inside one of the apartments.

Physically, the Blessing Way is a three-story apartment building on the property of the St. Peter’s and St. Andrew’s Church where Penfield preaches. Rooms are rented to former inmates in exchange for staying sober, finding work and putting their lives back together – all of which the Blessing Way offers help with.

“We have life skills classes, financial management, emotional development,” Penfield said, describing some of the services Blessing Way offers its clients. There are job skills training sessions and a program that puts people to work in the community as day laborers and carpenters. Last year DARE spoke to residents about the Ban The Box law that prevents employers from asking about arrest records on job applications. Residents are required to attend drug counseling, and random drug tests.

“There are myriad roadblocks people encounter when they get out of jail,” she said. “Anyone would be weighed down. If there are addiction troubles or mental illness, it’s a miracle when people can do it on their own.”

Penfield attends to a repair to the heat at the Blessing Way.
Penfield attends to a repair to the heat at the Blessing Way.

A zero tolerance policy on drugs is necessary, Penfield said. “You must be severe and they have to leave … they trigger everyone else around them.” And, she added, “the next day you’re going to have everyone in prison thinking you’re a crack house.”

From 2006 to 2012 153 people have gone through the Blessing Way program, Penfield said, and 61 percent of men graduated as did about 58 percent of the women. She assumes men do better because the availability of manual labor jobs makes it easier for men to find post-prison employment.

The beds aren’t always full at the Blessing Way. That’s partly because of the strict no drugs or alcohol policy, and partly because it can’t always afford to take in new residents. The program operates on a very small budget, and only some of the staff take a paycheck. Penfield does not, but there are a few former residents who earn a small stipend for helping out. Penfield has housing through the church but only gets paid for 10 hours a week. She’s essentially experiencing the same poverty as are the residents of the Blessing Way.

But rather than give up, she’s expanding her focus. Penfield told me recently she looks forward to working more directly on matters of racial justice and police brutality. Today, she is speaking at a Stop the Violence prayer vigil with “faith, community and law enforcement leaders” who “will lead us in a prayer and share a commitment to justice, safety, respect and dignity for everyone,” according to a press release.

unnamed2She said this tack is part of another new chapter for her.

“I think god is calling me to work with our white brothers and sisters, to help them become more aware of how we’ve unconsciously held onto our privileges,” Penfield said. “Call it white supremacy if you will, that’s really what it is.”

But she isn’t trying to shame anyone, not even the police officers she works closely with on these and other issues. In fact, she seems to approach the topic of police brutality with the same compassion and convictions that she practices with her Blessing Way work.

“I try to see every person as a beautiful flower,” she said, “and maybe some of us just need some watering.”

ACI administrator praises Prison Op/Ed Project


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ACIRacial injustice. Voting. Prisons. Entitlements. Zero tolerance. These are but a few of the topics written about by inmates enrolled in the Community College of Rhode Island Introductory Sociology class taught by Meghan Kallman in the John J. Moran Medium Security facility. Ms. Kallman was gracious in submitting all papers for my review and as I reviewed the body of work I felt proud.

Proud of the ability of students to express themselves appropriately. Proud to be able to offer CCRI courses to the offender population. Proud of the quality and scope of educational services within the RIDOC. Proud of the commitment of not only Ms. Kallman, but of the entire faculty and staff associated with RIDOC education programs. Proud to be part of a team committed to providing quality educational services to the offender population.

Introductory Sociology was but one of several CCRI programs offered to offenders. HVAC, Culinary Arts, Plastering and Dry Wall, and Computer Literacy are a sampling of CCRI vocational offerings. The RIDOC Education Unit also has Adult Basic Education and GED classes offered in all facilities. During Fiscal 2015, there were 196 GED’s earned and 13 AA degrees were awarded by CCRI.

Do the participants appreciate what we do for them? In my heart of hearts, I believe the answer is a definite yes. I don’t have data to answer this question, so why do I say yes?

Recently, GED teacher Angie Barboza passed away unexpectedly. The outpouring of sympathy and support expressed by the inmates as I walked through the yard was moving and sincere. The appreciation of all that she did for them as a teacher was touching.  While my own heart breaks over this loss, the outpouring of supportive comments reinforced the pride I feel in all that they do – faculty, staff, and students.

Before the severity of Angie’s illness was known and her return was expected, one of her students wrote, “You taught me all kinds of math. Even though I was going to give up, you would talk me out of it…You give me hope for trying to achieve my GED.”

I believe that education is the key to hope for a better life. This belief is supported by data. (Read a recent study by the staff of the Correctional Education Association, the US Department of Education, and the Indiana Department of Correction on the benefits of correctional education programs.) I am grateful for the commitment of the RIDOC in its support of educational and vocational programming for the offender population consistent with its mission. The Education Unit strives to offer high quality programs on a daily basis.

Post prison services would stem system’s revolving door


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The ACI

The ACIThe Rhode Island Department of Corrections is obligated under law to protect the public by providing ex-inmates with treatment in the community to help rehabilitate them as productive members of society. Too often it doesn’t meet this obligation. Inmates who return to difficult and stressful circumstances and lack supportive structures and services are at greater risk for post-prison adjustment problems. More needs to be done to help them.

Right off the bat, the ex-inmate is socially and economically disadvantaged. Secondly, without the direction provided by prison, life outside can quickly become chaotic. Hard tasks of finding and maintaining work, affordable housing, dealing with pre-existing problems, such as drug addiction, mental health, and disgrace of past incarceration lead most to return to drugs to self-medicate themselves right back to prison.

The problem is so bad that the RIDOC and many prison systems are better known for their revolving doors than their rehabilitative services. The inmate goes out and comes right back – over and over again – because they lacked the structure to adjust to the reality of post-prison life. It’s very expensive to keep an inmate locked up in prison. Helping one stay out of prison would surely be cheaper and keep the public safer from crime.

I propose that the RIDOC should offer to provide inmates with post-prison “aftercare.” They should work toward supplying the inmate with a stable environment and structured lifestyle upon release. But don’t stop there. Assist the ex-inmate with initiating a plan and providing support throughout the process.

Incarceration is the new slavery


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The ACI

The ACISlavery is the most extreme form of stratification. It relegates people to the status of property for the purpose of producing labor. The slave is a commodity. The slave trade was very profitable on an economic level and very damaging on others. Slavery is now prohibited by every nation in the world and is declared so in the Universal Declaration of Human Rights.

But is slavery dead, or has it been reborn in a new form? I believe slavery is still alive and is in fact thriving. Slavery has adapted to the times. Modern mental slavery imprisons the mind while the body appears free.

Now ask yourself how does one come to have a slave mentality? It runs deep. This country is built on slavery and all the policies keep minorities in an oppressive state. Here’s a little history on the slave trade and its wonders. It was the interest and business of a slave owner to study human nature. They were good at breaking men and making slaves. They all had different ideas and methods they used to keep the slaves more efficient and submissive to their every command.

The ultimate goal was to create a method or system that could keep the slaves basically enslaving themselves. Virginia in the year of 1712 had a British slave owner by the name of Willie Lynch, who created the system that would enslave African Americans for generations.

They compare the process of breaking a horse to making a slave. Cardinal principles were to break you from one form of life to another. Reduce them from their natural state in nature. The focus was on the female slaves and their offspring. Everyone knows mothers will do whatever it takes to protect their children. So you prey on that to break the will to resist.

In doing so they would get the toughest, meanest male slave, and viciously beat him in front of the other female slaves and their children, and then kill him to put fear in them. After witnessing something like this, what do you think the mothers will teach their children? The male children to be mentally weak and dependent, and the females to be independent. So take away the fathers and leave the female to raise and break the offspring in the early years of development with her natural protective nature.

Does any of this sound familiar?

What race has the most single-parent households with the mother all alone to raise young men and women? Single, independent black women. I know you heard that term before. Psychologically, the effect that slavery had on our culture runs deep. We went from overseers on a plantation, which was someone who harassed and watched over your every move, to officers in the streets. You see it every time you turn on the news.

I was watching the news the other day and there were covering some of the unjust and discrimination that African Americans endure. And the news reporter asked a young African American woman who was a mother what she would tell her son about the young African American teenager that was gunned down by a police officer for allegedly showing aggression. The young mother said she wouldn’t tell him anything; she said she would teach him that when he sees a police officer, take his hands out of his pockets, be polite even if the officer is not, and to comply with everything he says no matter what he says, because I just want my baby to come home. Motherly instinct at its best.

Some of you reading this are probably thinking no way. Slavery is morally inhumane and it’s been abolished in this country. It says to in the constitution, the 13th Amendment was the act to abolish and outlaw such a dehumanizing thing as slavery.

Read carefully the exact words of the oh-so-important 13th Amendment so you don’t misunderstand: “neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

So in other words, according to this so-called punishment clause, if you get arrested, no matter how minor or major the offense, and get convicted, there’s nothing in that 13th amendment to ensure you can’t be enslaved by your state. This clause is being used to reinstate slavery under another guise.

No wonder America’s quick to criminalize everything and lock you up—it’s big business. They hole slave trade was based on economical gain. Now ask yourself, what groups of people come to jail the most? You guessed right if you said minorities and the lower class. Think about that.

If you owned a business, what would you do to keep it running? Keep your supply and demand up, right? If you owned a prison, you would keep your customers coming back. American locks up half a million more people than China, whose population is 5 times greater than that of the United States. Statistics show America holds 25% of the world’s prison population, and only 5% of the world’s people. What does that tell you?

The prison system is big business; it’s estimated that prisons make over $3 billion yearly and that number is growing. Statistics show that black men are incarcertated six times the rate of white men, and government studies also found that black men are at a higher chance to being searched, prosecuted, and convicted more than white men, and serve longer prison sentences.

Constant social injustice and inequalities have a major influence on black males’ psychological development and life course trajectories and transitions. Mass incarceration is a new way of reimposing the Jim Crow laws to segregate. By definition, slavery goes far beyond the actual removal of freedom; it denies the humanity of the enslaved.

Racially imbalanced enforcement also means that minorities are more likely to suffer consequences that outlast their prison sentences, like difficulty finding jobs and housing, lost access to government benefits and in some places disenfranchisement. The prison system makes so much money that it encourages racist practices in the American criminal justice system.

At the economical height of slavery there were approximately four million African American slaves. Today there is approximately six million African Americans in some form of incarceration or “correctional supervision”: prison, probation, or parole. That’s more people locked up than were slaves at its highest peak.

Or is it just slavery adapting to the times? The prison system is among the most profitable industries in the United States. Despite our nation’s self-perception as a bastion of freedom, we lock up more people than anyone else in the world. But we have songs about the “land of the free”. What an oxymoron.

What’s more important to you: schooling for higher education, or mass incarcerations? Like minds will say education, because our children are most important right? You see, there’s a question mark because if you were interested and cared about something like education, you would show it in every way possible by your actions and concerns, but that’s not the case. It seems as if mass incarceration is more important.

The money that states spend on prisons has risen six times the rates of spending on higher education. What does that tell you? It seems to me they’d rather put you in prison than through school. In urban communities, they cut all funding for after-school programs, recreation centers and other extra-curricular activities. What’s left for these kids to do to occupy their time? If kids are the heart and soul of this country and hope for the future, wouldn’t it be in our best interest to help them be all they can be? What do your schools look like? Are they clean? Are the books and curriculum and the teachers teaching up-to-date? Some of you reading this might think, “who has schools like that?”, while for others this is the norm.

In all actuality, this should shock and appall you that the environment we teach kids in is not up to Grade A standards. I speak for myself when I say the schools I’ve attended weren’t up to standard. In come from the inner city urban community, a predominantly black and Hispanic neighborhood. I remember going to school in the summer and it being hot and going to school in the winter and it being too cold. Try learning under those conditions, with outdated books they used to teach your parents that still says that Christopher Columbus discovered American. If you still believe that, chances are you went to one of those schools.

Schools have adopted this “zero tolerance” policy where anything they presume as deviant will kick you out of school or even worse, lock you up, depending on what you’ve done. My point is this: we’re failing to realize that we’re dealing with adolescent kids that are dealing with emotions or feelings they can’t describe or understand, so they’re confused and don’t know how to express themselves. So instead of a “zero tolerance” policy, how about a “try-to-understand” policy!

Don’t get me wrong, I know there are plenty of teachers that truly care and love their students, but they’re underpaid with not enough resources. I think America should stop trying to criminalize everything and try to find solutions instead of spending all of that money on the “war on drugs” that never seems to be ending, due to the success of mass incarceration and waging a “war on schools”. That to me seems like you’ll get better results from if you really cared about the children. With all this being said I ask one last question: is the system set up against us? Or is it slavery in a more modern form?

This post is published as part of the Prison Op/Ed Project, an occasional series authored by CCRI sociology students who are incarcerated at the Rhode Island Adult Correctional Institute. Read more here:

Prison policies put probation and vocation training at odds


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ACIThey say when we someone is sentenced to prison it is for rehabilitation. Yet I will be eligible for parole before I am eligible to participate in one of the vocational programs at the ACI. Here in medium security, there is a carpentry, HVAC and barbers’ apprentice program. But prison policy says only inmates with fewer than three years left on their sentence can participate and I’m serving a seven year sentence on a drug charge.

We know vocational programs reduce recidivism, but I must wait four years before I can enroll in such a program. I can go see the parole board, get parole, and not have learned a trade or skill before re-entering society. Where’s the rehab?

The three-year-and-under policy denies crucial opportunities for job training. When inmates, like everyone, are properly trained, it becomes easier to attain steady employment. This will help us not walk back through this revolving door. By not coming back and working, we can provide for our families and become a positive role model for our children, and also become a better person, father, husband, son, brother, uncle, and law abiding citizen to our family, friends, and community. Vocational programs should be expanded to include electrical, plumbing, welding, culinary arts, fitness training, auto mechanic training.

But the three-year-and-under policy also denies a critical opportunity to show we are ready to reenter society. Parole is sometimes contingent on participation in prison programs, and some inmates aren’t eligible for prison programs until after they are eligible for parole. How else do we show the Parole Board, which represents society, that we are ready to reenter?

Staff members’ efforts are being made within the bounds of the existing policy. A counselor may push for an inmate to participate in some programs, like mine did. Right now I am currently in General Sociology, Men’s Trauma and a few other programs that don’t give so called ‘good time credit’ that anyone may attend. To his credit, Lieutenant Lanoway does a good job at handling the programs, but the three-year- and-under policy makes it impossible for inmates like myself to participate in a vast majority of programs.

This post is published as part of the Prison Op/Ed Project, an occasional series authored by CCRI sociology students who are incarcerated at the Rhode Island Adult Correctional Institute. Read more here:

Public school students and inmates need more vocational training


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vocationParents, politicians, teachers and taxpayers must better prepare people for life after an institution. This holds true for both ACI inmates and Rhode Island high school students.

Public high schools no longer stress hands on training. Instead, they focus on English, math, science, history, though these subjects are hard pressed to hold a teenagers’ attention for four years. One alternative could be to include more vocational electives within our public schools. This elective – think: autobody repair, cooking, hairstyling, barbering, etc. – would help encourage students to stay in school, because with the completion of the recommended hours in that elective, a student could earn a license as well as a high school diploma.

A trade elective could be mandatory for all students, so long as it granted them choice in choosing what elective to pursue, thereby giving them the hours and experience to obtain their license, to be able to go straight to work upon completion of high school.

Such a program is even more needed for young men who are incarcerated.

Many 18 to 22-year-olds are being released back into society with stable minds but no valid work opportunities to release their positive and renewed energy. So instead they return to their old neighborhoods or life of crime, mostly because there’s not a system in place to reintegrate them back into society. Here in medium security at the ACI, there are 16-20 people released every month. That is a total of about 200 people a year just from this facility alone.

There needs to be more job placement workshops and skills building opportunities for inmates being released. This would especially help the lower class communities because it would also revitalize those depressed economies and rebuild the local infrastructure. It would help rebuild the communities themselves.

There should be more communication between the probation officers and community leaders to develop new programs and ways to keep these kids from returning back to the life of crime that put them behind bars in the first place.

Believe me, kids today, whether in traditional public school or prison, aren’t bad kids. I help teach, encourage, and talk with them daily, and as I listen to what went wrong in their lives and what could have helped them. Most say they didn’t have that father figure, teacher, or leader to guide them, so they committed a crime to get attention. That’s it!

We need to band together to help our youth, regardless of their ethnicity, neighborhood, or criminal history. When it’s all said and done, that could be our son or daughter, nephew or niece, and they’ll end up growing up in a world that we had the chance to change, but neglected to do so.

I pray this op/ed is received with clarity, and that the reader will act upon these issues concerning our youth. Regardless of their past, all children deserve the same opportunity for a better tomorrow. Let us parents, taxpayers, and public officials stay vigilant to solutions for a better tomorrow.

This post is published as part of the Prison Op/Ed Project, an occasional series authored by CCRI sociology students who are incarcerated at the Rhode Island Adult Correctional Institute. Read more here:

Landscaping course offers former inmates a way forward after jail


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Mike Brito was brainstorming with Joyce Penfield one day about how he could help Penfield’s organization, The Blessing Way, when he realized he could only offer what he knew how to do.

“All I know is how to put stone in the ground and I guess that was enough,” said Brito Saturday at the graduation of students from Blessing Way’s second landscaping course.

The course is meant to give men and women who’ve spent time in prison or are recovering substance abusers practical skills to help them find work.

For many who’ve been incarcerated, stigma of a prison sentence is hard to overcome. Employers are often reluctant to hire men and women with criminal records, setting up a potential return to prison when work proves elusive and a return to criminal behavior inevitable. Indeed, in 2009, 3,387 offenders left prison in Rhode Island, but within three years nearly half (48 percent) were back in prison with a new sentence.

Helping those newly released from prison to find their footing back in the world has been the mission of the nonprofit Blessing Way since it was established back in 2004. At the time, Joyce Penfield, an Episcopal priest, was working as a chaplain at the R.I. Dept. of Correction. The Blessing Way was her response to that revolving prison door as well as death by overdose among the formerly imprisoned.

The wrap-around services offered by Blessing Way include a place to live, counseling, life-skills training, non-denominational spiritual guidance and job assistance. It’s that last piece that’s gotten more concrete thanks to the landscaping course.

blessing wayInterested participants need to apply and be accepted. They meet for 20 hours over the course of several weeks and must pass quizzes and a final test in order to graduate. They also are expected to work on a project designed to give them practical experience and they get an opportunity to network with landscape professionals.

Brito is the owner of Brito Landscaping in East Greenwich. At first glance, he seems an unlikely champion of the lowliest of our citizenry. But Brito is all about second chances. As a recovering alcoholic, he’s well aware of both human frailty and the need for people to offer helping hands.

So, he teaches the course and has even taken on one of this year’s graduates to work for him for the season.

Among those who spoke at the graduation ceremony were Providence Mayor Angel Tavares, who urged the men to be active in civic life, including registering to vote, and City Council President Michael Solomon.

Four of the graduates have gotten jobs. The others are looking and could use help. If you have any leads, contact The Blessing Way at (401)709-3697 or blessingwayinfo@yahoo.com.

Sen. Whitehouse and how to deal with prison reform in America


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sheldon-whitehouseOn Monday a group of people will sit down at Open Doors and talk about Senator Whitehouse’s bill to create a federal parole system.

The bill is hailed as a “prison reform bill,” and passed the Senate Judiciary Committee; a clear indication of the shifting tide on political ideology over the past few years.  This ebbing of the ‘Tough on Crime’ rhetoric includes many people who were bipartisan architects of the prison industry itself, and jibes with Attorney General Eric Holder’s public desire to make the system “more just.”  Of course, this indicates he believes it is currently less just than it should be.  The voices you have heard over the past several years talking “reform” are the result of those of us who have been peeing in the pool long enough to warm it up so everybody can get in.  Even if just a toe, they’re getting in.

lockedup_pieThis prison reform bill is quite overstated however, and falls well short of what the public is truly calling for- something Senator Whitehouse appeared to be going for with his former bill to create a commission of experts that would propose a national overhaul.  The Recidivism Reduction and Public Safety Act of 2014 will have no impact on state prisoners, where six times more men, women and children are serving prison terms than under federal law.  Furthermore, it will have no impact on the 722,000 people currently sitting in a local jail- a snapshot of the 12 million who cycle through that system.  Its not easy for the feds to control state crime and punishment under the law, but like anything else: the feds could put strings attached to all the financial subsidies of a bursting prison industry.

What’s in it for Rhode Island?

The bill will impact a few Rhode Islanders and tens of thousands of people nationally who will now gain an opportunity at parole, but what the bill deems “Prerelease Custody.”  They can do this by engaging in what we once considered educational and rehabilitative programming, but the bill deems “Recidivism Reduction” programming.  This wordsmithing is no different than calling oneself a “Pre-Owned Car Dealer” (which is what they do, these days).  To assess the merits, it is important not to be distracted by shiny new things.

The Good Time credits earned by federal inmates are not for everybody, and they are not time off one’s sentence the way they commonly are applied to state custody.  Furthermore, parolees in halfway houses and on electronic monitoring pay for their own incarceration, sometimes to their own financial ruin.  Thus, this is not a handout by any means yet does pose a possibility for the prison system to generate additional revenues from the predominantly low-income and struggling families trying to rebuild a life after prison.

Slavery by another name: Prison Labor

The bill prioritizes an expansion of prison labor, viewed as a form of rehabilitation and method of reducing recidivism.  It is impossible to discount the value of having a prison job for the prisoner, even at 12 cents per hour of income.  However, it is difficult not to think of one ominous phrase “Arbeit Macht Frei” infamously posted over Camp Auschwitz.  Work makes you free.  A prison worker gets time off their sentence, and this bill calls for the Bureau of Prisons to review in what ways the prison labor force can be used to make goods currently manufactured overseas, so as not to cut into the free labor pool.

The use of prison labor is controversial, to say the least.  Some critics have called for a repeal of the 13th Amendment, which provides for slavery of anyone convicted of a crime.  This provision allowed for the massive “convict lease labor” that built a considerable amount of American infrastructure after slavery was abolished.  The legal framework that is said to have freed Black America also allowed for people to be rounded up and placed, fundamentally, back where, essentially, Black America had been liberated from.

Today, prison labor exploiters capitalize upon incarcerated people’s desire to stay busy rather than sit on a bunk all day.  This sort of macro-management does not take into account the relevance of a worker’s feelings.  People in the system are treated with the callousness of lab rats, which may be all fine in the punishment phase, yet counterproductive when doing anti-recidivism, rehabilitative, or reentry programming.  Does Johnny have a job, a home, or health care?  Check.  The assessments never ask if Johnny is happy.

Reentry programming still being run by those who have never reentered

The Recidivism Reduction and Public Safety Act also focuses on reviewing current reentry programs and developing federal pilot programs based on the best practices.  This is an admirable goal and an obvious step to take.  The challenge is to correctly assess best practices, and then implement what might feel controversial.  For example, many policies prevent formerly incarcerated people (FIP) from affiliating with one another, and yet this bill references mentorships.  It is likely that the drafters visualized a well-intentioned citizen with no criminal involvement and demonstrated success showing the way to someone getting out of prison.  Yet such a person has very little to offer in the sense of mentorship.  An FIP often grows frustrated with social workers, mentors, and probation officers who feign to understand the pressures of post-prison life.  The best mentors are role models, and in this scenario will be FIPs.

This legislation also puts a considerable focus on risk assessment models, as though they are a new pathway to success.  However, these tools have been in use for decades, and nowhere in the bill is there a call to study their individual accuracies.  Rhode Island, for example, uses the LSI-R scoring system.  The irony of in-custody assessments, that take all of forty five minutes to conduct, then a few minutes per year to update, are how a high-risk prisoner can be a low-risk free person.  Conformity in prison does not translate to the attributes required for successful living in free society.  Furthermore, an antagonistic interviewer will likely invoke anti-social responses from a someone, thus along with their past criminal activity, setting the foundation for an entire course of reentry opportunity.

The fundamental flaw in many prison-related programs, particularly after the Bush Administration’s Second Chance Act, is the lack of involvement of affected people.  The roundtable at Open Doors consists of their director Sol Rodriguez, DOC Director A.T. Wall, chiefs of the Providence and State police forces, the federal and state public defenders, Crossroads (a homeless shelter), and possibly someone(s) that Open Doors has been working with.   The stakeholder list is upside down.  Law enforcement does not have a stake in my successful reentry.  In fact, they have a stake in my failed reentry- so yes, they are a stakeholder, but in a perverse manner.  After being punished by a group of people, be it months or decades, there is no trust in place for the punisher to then be the healer.  For the government to believe otherwise only underscores these misconceptions and miscommunications of trying to reposition the pawns on the board.

The second class citizens

The public defender and Open Doors are not run by people who have “been there, done that.”  When efforts like this use those agencies to speak for a disempowered population, it only further delegitimizes people with criminal histories, only furthers the second-class citizenship, and continues to render us without a voice.  Rather than confronting any counter-narrative an FIP presents to policy reform, we are often disregarded as unruly, unmanageable, or uncivilized.  Yet we are the ones seeing our selves and our family members dropping off the map, figuratively and literally, every day.  Reducing recidivism and increasing public safety can only be done by a full restoration of people to being equal and valued members of society, especially the overwhelming number who are (on paper) “citizens” of America.

Efforts like these are akin to watching someone fish without bait.  As expensive a boat, pole, and hook they use… they just don’t realize why the fish don’t simply leap onto the hook.

The Roundtable will be held at 10:30-11:30 am at Open Doors, 485 Plainfield St., in Providence.  There is no open mic, but interested community members might find ways to urge Senator Whitehouse to become even more bold on the Senate floor. 

Formerly incarcerated ACI dog part of World Series honor


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Rescue in Fenway
Rescue (lower right) is trained to assist people with disabilities.

Today I got a call from a friend in prison, asking if I saw his old cellmate in Fenway Park during the 7th Inning Stretch.  You might have missed it, during the World Series tribute to the Boston Marathon bombing victims.  There were plenty of people, smiling and waving, and James Taylor singing “God Bless America.”  A standing ovation.  I didn’t see his cellie.

If you look closely, there is “Rescue,” a black lab alongside a person who was wounded in the bombing.  Rescue is a NEADS dog, specially trained for months to assist people with disabilities.  He was trained by Steven Parkhurst, a man incarcerated in Rhode Island’s medium security facility.  He has trained several dogs like Rescue and taken solace in them going out to help people.  Steven is also pursuing a M.B.A. through correspondence with Adams State University, having been aided by scholarships from Transcending Through Education Foundation and the Davis Putter Scholarship Fund.

Steve and Rescue, in front of the ACI visiting room mural he painted.
Steve and Rescue, in front of the ACI visiting room mural he painted.

Steve told me that “The Joint went off,” when Rescue walked onto the lush green of Fenway Park.  This means the place went wild like fans watching a Big Papi grand slam.  It isn’t every day when you can turn on the TV and say, ‘Hey, I know that dude- he lived on my tier,’ or ‘that’s my old cellie!’  But there they were: a few hundred guys, mostly Sox fans, checking out Rescue’s major league debut.  It is a rare and precious feeling to be part of something so momentous, particularly for people in prison getting an opportunity to help others.

Its a little over an hour to drive from the prison in Cranston, Rhode Island to Fenway Park.  And during the 7th inning of Game 2, it got a whole lot shorter than that.

A former prisoner’s view of ‘Orange Is The New Black’

orange_is_the_new_black_xlg1-940x1317Those of you without Netflix might be wondering what’s all the fuss about with “Orange is the New Black.”  The first 13-episode season of ONB is the second TV show to debut on the website.  It is time to get past the controversy over who created the show and use it for advancing discussion on mass incarceration in ways that only mass media can accomplish.

The setting of ONB is simple: a women’s federal minimum security in upstate New York.  Roughly a dozen main characters provide the drama, humor, and sex.  Yes, sex (go figure).  The storytelling device is that the show’s central viewpoint is through the character Piper Chapman- a White chick.  She is based on a real life character, Piper Kerman, who wrote the book “Orange is the New Black” after serving a year in just such a penitentiary.  Chapman/Kerman both went to a fancy college and were born with privilege, rather than the working class and impoverished neighborhoods destroyed by a war on people, dubbed the “War on Drugs.”

So lets get a few things out of the way: 

1.  This is neither a documentary film nor a news piece.  It is thought-provoking television entertainment.  i.e. the last review I wrote was for the film “Les Miserables.”  My thoughts have been provoked.  For those of you in Rhode Island who want a scholarly assessment of incarcerated women, find the book “Mothering in Prison,” by Prof. Sandra Enos.

2.  The show is racist.  Yes, I said it.  That’s because the entire prison apparatus is racist, thus any show based on it, rooted in it, must also be racist.  For my non-believers in racism, I leave it to endless studies showing that similarly situated White people overwhelmingly receive less-punitive treatment than Black and Latino folks.  This starts with where police patrol to the discretion of police, prosecutors, grand juries, judges, juries, parole boards… and it all compounds at every stage to form a massive ball of racism.

3.  The writer, Jenji Kohan, did not do time in prison.  She wrote the show “Weeds” about a suburban mom who sells weed.  I’m not sure if Kohan has experience with that, but I know several weed dealers who loved the show.  She, her brother and father, have all won Emmy awards for their writing.  Here, Kohan pulls her story out of Kerman’s book, and consults with Kerman on the scripts.  And wherever she is pulling it from: she’s got skills, and not just getting by because she’s Jewish in Hollywood.

Considering the above, some are outraged that it’s “only a story when a White person gets locked up.”  There is some truth to that, but ONB is not just about the White character.  I’m reminded of “ER,” where the storytelling device is to show the insanity of the hospital through the eyes of Dr. Carter, the rookie intern.  It’s a device, to create some tension- and in prison culture, roles can be reversed.  As a guy told me within a few weeks of my incarceration: “You people run shit out there, we run shit in here.”  Yes, I would love to watch Mumia’s TV drama, if he wrote one.  I also know that if it were my show, there would be flack that it’s a White writer, even if the main character were Black.  And finally, it seems to me that people want stories about either total monsters or people who were justified/innocent.  We don’t like to wade in the murky waters of good people who do really bad things.

The Power of the Female Lens

Women are about 7% of people in prison.  Clearly they are not representative of the norm, however, I believe this is a better lens for society to see through and comprehend what is going on.  We often have little compassion for men and no outrage when they are trampled.  If America were presented with a cellblock full of Black men, people shut down, revert to stereotypes, and innate prejudices drive their view.  Consider all the voyeurs who watch the MSNBC “Lockup” series, or the other one (you know the one).  Such shows are reinforcing the norm that “these people” belong in prison; that these dangerous dudes shouldn’t live on my street.  Some people rush to judgment at the slightest hint of “thug” behavior.  The fact that a significant percentage of America could do this over a skinny unarmed high school kid who was shot and killed… it is almost astonishing, unless you have a pulse of American cultural wavelengths.  Trayvon Martin’s story, in 2013, has many lessons still to be addressed.

I was in a prison group where a counselor showed us part of an Oz episode.  About two guys were shanked, three raped, a few tattoos, massive drug use… all within a few minutes.  “That’s what people think you’re doing in here,” she said.  Imagine hearing, years later, someone in a social justice sphere say (only half joking): “I know what prison is like, I watched Oz.”  I gave her a look and said “ouch.”  She knew what I meant to say.  With ONB, I hope these female characters will succeed in exploring (for the viewer) genuine issues of the human condition.  It just so happens that my favorite book on prison is also written by a woman who served time.

One of my friends once said, “They should give us royalties,” while walking the yard.  He concluded that without us doing crazy, messed up stuff to inspire the writers and suck in the voyeurs, those with criminal fantasies, the fetishists, even the studious- they would have no TV, no movies, because “crime” stories are everywhere.  On the funny side, he’s right.  But on a serious note, this highlights a deeper dilemma where a group of people aren’t allowed to, nor sought out, to write their own stories.  The creators of Oz (Tom Fontana) and The Wire(David Simon) are both White guys with writer backgrounds.  Both have long ‘cop show’ writing credits.

It isn’t fair to writers, in general, that they be lauded only when they write from their direct experience.  But it is more unjust when the subjects are excluded from the storytelling process.  This is not to say anyone who has been in prison can construct a complex web of characters with properly paced plot lines.  Nor to say any “writer” can use their skills for any scenario.  There are writers who have been incarcerated, of all skin tones, and this Kohan/Kerman story is just one of the tales that can be told.  Lets not ever forget that Netflix is in it for the money, not to advance an agenda.

Most agencies that serve incarcerated, and formerly incarcerated, people also have disproportionately White staffs.  The same can be said for those who study us or represent us in court.  Most of them have folks running reentry programs who have never reentered society from prison.  Many People of Color who do such work aren’t from low-income over-policed communities, and perhaps went to colleges like the ONB lead character rather than the state homes like Taystee.  Ultimately, we can draw hard lines in the sand to exclude all but the perfect voices, perfect in both style and substance, or we can embrace it a bit- based on people’s true intentions.  Lease with the option to call you out on some bullshit.

Character-Driven Issues

Chapman, like the book’s author, caught a year for being a money mule- yet never actually getting arrested with drugs or money.  It is true that the biggest drug dealers in the world never get caught while people just getting by, often Black and Latino folks with few (if any) economic alternatives, are fueling an incarceration industry.  Once the dealing goes corporate, those millions of dollars create private bankers, private militaries, and paid-off officials.  My frustration with this character’s legal dilemma is that she didn’t go to trial, not the presumption that, if she were Black, she would be serving 20 years on a mandatory minimum sentence.

pennsatucky-640x366Its tough to pick a favorite character, as the acting is brilliant.  None of the characters are just cartoon cut-outs, they have multi-dimensions, and most manage to remind me of someone I knew in prison.  Pennsatucky is brilliantly portrayed by Taryn Manning (8 Mile); lovable/avoidable ‘Crazy Eyes’ (Uzo Aduba) allows a window into mental illness, and the grim reality of prison medical treatment; Red (Kate Mulgrew) grows on you like a Soprano, and you quickly forget she is not the captain of Starship Voyager.  I’m not feeling Laura Prepon’s character (Alex) who, sadly, is a central character.  I’m not sure if its her skinny eyebrows, hipster sarcasm, or stool-pigeonry, but she can just go away.  Some may argue that ONB has too many characters who appear justified in their criminal behavior, and/or they were not the real culprit (just along for the ride), or it was an accident, or they only victimized themselves.  Lets not forget this is a minimum security where, typically, people are in on bullshit charges.  But yes, for some of us: we did some fucked up shit and can never take it back.  With a show like this, however, we can take the time to see that even the most heinous actions have a story attached to them.

Laverne+Cox+23rd+Annual+GLAAD+Media+Awards+kHegfVwk1cPlThe show goes far enough to create a transgender character (Sophia) played by Laverne Cox, who is (surprise) a transgender woman in real life.  She is another potential show-stealer, with many story lines to work out.  Surely the creators can consult with Miss Major and TGI Justice on this issue.  The problem with prisons brutally failing trans people, in many ways, starts with their troubling policies on where to incarcerate someone.  I’ll leave it to others to discuss the reality of the character’s journey, but its excellent to see ONBattempt to cover the landscape.

Allowing for character development is a bonus where a show has perhaps five seasons and over 60 hours to spend- especially where the characters are in prison.  New people will come in, some may get out and come back, and an incarcerated mother’s life is perhaps one of the most complicated personalities to unpack and understand.  Elizabeth Rodriguez portrays Aleida, whose own daughter becomes incarcerated.  She is probably my favorite character, in anticipation of her growth on the show.

And then there is Chapman, the main character.  She is lovable and hate-able, which I believe is the intent of the show.  ONB may vault actress Taylor Shilling into a leading lady, or sideline her to a memorable role, like the friends on Friends.  Either way, she is just right for the show.  Her awkwardness and confidence are evident, two traits one might expect from an Upper West Side-type-of-girl who finds her way into the Joint after thinking her adventures in the drug world were above the law… and buried in the past.robably my favorite as I sense the room for her growth and the revelations of what drives her.

And the character, Pornstache… he is possibly my favorite villain since Dr. Evil.  There are also some “good” guards.  But keep watching- we shall see if they go the way most go over time.

 

 

Its not all Perfect

Struggles with poverty, addiction, violence and difficult choices are not gender-specific.  Rape by prison guards is almost (not totally) unique to women prisoners, and the rate of HIV is much higher.  Hardly any men are in prison for prostitution, but the root cause of desperately needing money is often the same: addiction, a health issue.  Despite some differences, the insanity of prison regulations is the same for both genders.  Addiction is part of ONB, but I expect to see further health problems- including amongst the older “Golden Girls,” as people die in prison every year, often amidst brutal neglect.

My primary critique thus far is that there is not enough emphasis on children of the prisoners.  Organizations such as Women On the Rise Telling Her Story (WORTH) in NYC, and Justice Now in Oakland, must be going nuts, as they do the real work with women locked up.  About 75% of incarcerated women are mothers, and most of them are in constant struggles with DCYF over visitation, or even termination of their parental rights.  Prisons are still sterilizing women.  A few mothering plot-lines exist: one woman who gives birth behind bars (which received decent treatment, but could have been more intense); or the Mother-Daughter who are both incarcerated.

I’m hoping to see not just a political prisoner (there is one), but prisoners who become political.  Some refer to such people (I was one, myself) as “Political Prisoners” all the same.  I won’t mince words and terms, I just want to see some higher analysis of The System by a few of these women.  It is self-evident that wherever there are people caged for more than long enough to gather their thoughts, there will be wisdom.  One might think that Red, the kitchen matriarch, would be the font for such perspective, but I think it may be better drawn out through Gloria, with her constituency of Latinas.  Taystee is a quality “brains of the operation,” but a certain college girl not named Chapman could also develop into an intellectual force.

I would like to see more exploration of the racial dynamics in prison.  It is not the same as the outside, although it is an extension of an America that protected slave ownership through force of laws and weapons; a society that can currently whip some people up into a fury by mentioning “illegals” on welfare.  I’m someone who directly confronted racial politics and culture while incarcerated.  This was some of the most rewarding experiences for me, as it was a strike against the “Divide and Conquer” power structure that serves an outnumbered master class.  ONB sets up the “tribes” and “families” that form the society in this prison, creating a large canvass upon which to paint our human condition.

If you want to know the humanity of society, look to its prisons

Prison is a peculiar place that molds us in ways that often depends on our disposition towards other people.  Do we care about other people?  Despise them?  With that said, self-preservation is crucial.  Chapman is not an angel.  She screws up on more than a few occasions.  If this prison were more violent, she may have been shanked two or three times already.  She is like the “NewJack” that inspired me to write “NewJack’s Guide to the Big House,” when I finally got to minimum security, after 11 years of prison.

In full disclosure, I know the writer of the book ONB (Piper Kerman), upon which Jenji Kohan based the show, and had breakfast with her the other day.  She corrected my false assumption that the prison setting, including the seeming unlimited movement of the ladies, was made for TV.  In fact, the real version of this prison is much like the show.  I was also quick to recognize that she is not the character “Chapman”- its just an awkward derivative.  We are both looking forward to the second season.

Prison is a funny place.  It is a scary place.  It is a hole in the ground where power dynamics can make you a ruler or an outcast in a matter of hours.  Someone who spent a year in there can’t know it all, and neither Piper Chapman nor Piper Kerman nor Jenji Kohan knows it all.  We can watch the show and think about fake characters confronting real issues, or we can just change the channel.  Yesterday, a guy on the plane behind me, who was finishing up his degree in accounting, was saying how one particular show is “the best, its real.  The guy basically just fucks women and makes money.” The girl next to him asked, “is that your goal in life?”  He replies, “Basically.”  We can always aspire to be that guy.

Former Prisoner Facing ‘Backlash’ For Pursuing Education


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This post, by TTEF President Andres Idarraga on behalf of the Board of Directors, originally appeared on TTEF’s blog.

The recent controversy surrounding a young man pursuing his education at the University of Rhode Island raises several societal issues. (“One student’s journey from state prison to URI sparks inquiry,” Katherine Gregg, 2/24/13). Should we encourage all Rhode Islanders to pursue an education, regardless of background? How do we encourage the formerly incarcerated to successfully re-enter society and assume their rights and responsibilities as citizens?

I am co-founder and president of the Transcending Through Education Foundation. The Foundation was founded last year to encourage and support people who are incarcerated and were formerly incarcerated in pursuing higher education. We believe education is the most effective tool in helping people live productive lives and become better citizens.  Postsecondary education has proven to lead to greater civic participation and higher earnings.

URI and other institutions of higher education should of course consider the background of applicants and the safety of students and faculty when making admissions decisions, whether the applicant has a criminal record or not. However, in this case, URI did not have the benefit of assessing Mr. Jones’s criminal record in making its decision because the alternate admission application he filled out did not request the information.

URI states that normally they review applicants with a criminal record on a “case-by-case” basis.  We support case-by-case reviews and commend URI for having such a review process. We also encourage URI and other institutions of higher-learning to continue to develop criteria that assess more than a person’s criminal record when making an admission decision. Relevant criteria should be developed from a thoughtful and knowledgeable position that can withstand the occasional controversy.

As Rhode Island’s flagship public university, URI has a role in educating all Rhode Islanders. This includes qualified applicants from the over 20,000 Rhode Islanders living in the community on probation or parole and the many more who have a criminal record. Educational institutions serve a historical role in providing people with a way out of challenging circumstances, whether they are born into them or are responsible for them through a series of bad decisions. If universities relied solely on criminal background checks, they would practically foreclose a vital pathway to a better life for many people. And we would collectively reinforce a cycle of poverty and struggle, sometimes leading to prison, for the same population.

Without knowing Malcolm Jones’s specific circumstances, we know that he decided to pursue his education, most likely as a way to better his life, as many other citizens also do.  We should encourage more people to do the same and support the efforts of our institutions of higher education in providing people with that opportunity.

Sincerely,

Andres Idarraga

President

Transcending Through Education Foundation

NY Bets on Success with Social Impact Bonds


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New York City Mayor Michael Bloomberg recently announced a new initiative that could save government money, decrease the crime rate and strengthen urban communities. Global investment bank Goldman Sachs will invest $10 million in a program to reduce recidivism among released adolescent prisoners at Riker’s Island. This will make the city the first in the nation to adopt a social impact bond model, which uses private resources to improve social outcomes, and a pioneer in realigning the financial incentives of the prison system.

For-profit reentry programs like the Goldman model lead companies to bet on people staying out of prison, instead of staying in them. Under this model, Goldman only breaks even — or makes a profit — if the program reduces incarceration rates and helps young men reintegrate into their communities. This model is also designed to save the city money. Other states and cities should look to this approach as a more sensible way to fund their justice systems and close their budget gaps.

Studies have shown that improving reentry opportunities, which means giving released prisonerseducational, employment and housing opportunities, and family stability, greatly reduces crime rates. When we fail to invest in these key components, we guarantee the costliest result: hopeless and penniless people returning to crime, and then punishment. Increased crime is a negative outcome not only for the affected communities, but also for all of us.

Misguided attempts to save a quick buck have left us with a costly prison complex that incarcerates more people than any other country in the world. The United States spends $70 billion annually to lock up over 2.3 million people. Across the country, states are cutting funding for courts and public defenders, and raising the fees and fines charged criminal defendants in order to close budget gaps. Some states have even tried to charge prisoners for visits, and serve just two meals per day instead of three.

The real way to save criminal justice costs is to reduce unnecessary incarceration. Some states have taken on this tactic by reducing the unnecessary use of pre-trial detention, paroling people who do not need to be locked up, and using non-incarceration sanctions for low-level crimes. The Goldman model should — we hope — create an investment in treatment and reentry programs that rehabilitate prisoners and help them obtain jobs and educational opportunities — instead of winding up back in prison due to insurmountable obstacles.

Other states and cities can look to this approach from the city as one way to close their budget gaps: raising short-term capital to improve communities and generate long-term savings. As the city rolls out this program, we hope it will be mindful of obvious risks. The program should be closely and periodically monitored and evaluated to ensure the city is not overpaying for very limited, if any, positive outcomes. And just as the city’s repayment to Goldman is based on whether its program reduces recidivism, governments across the country should condition funding all prisons and correctional programs (public and private) on whether they achieve the goals of reintegration and reduced recidivism. Re-aligning the incentives of our corrections departments is the only true way toward achieving a system of justice that is worthy of that name.

This post originally appeared in the Huffington Post.  It is co-authored by Inimai Chettiar and Bruce Reilly.

Inimai Chettiar is the Director of the Justice Program at the Brennan Center for Justice at NYU School of Law, and Bruce Reilly is a former Brennan Center intern and current student at Tulane University Law School. The Brennan Center’s Justice Program focuses on improving our system of justice by ending unnecessary incarceration, securing full legal representation for the poor, and ensuring equal access to the courts while eradicating racial disparities.

Pot Decriminalization in RI: Just a Starting Point


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Rhode Island became the latest state to lessen the punishments for small amounts of marijuana, popularly known as “decriminalizing” it.  Six years ago, there were many doubters and few reformers on board.  Yet it appears America is fed up with many facets of drug policy.  Organizations that have been seen as fringe radicals, such as Direct Action for Rights & Equality (DARE), are seeing their proposals become mainstream positions.  This DARE, not to be confused with the other D.A.R.E., has consistently looked to change the misguided (or malicious) attempt to curb drug use through prisons.  Once this seemingly impossible reform became inevitable, the members of DARE realized their work was all but done.

A key element to the new law is that people on probation or parole will not be violated and sent to prison.    People without actual experience in the criminal justice realm had to be educated on this element.  Cynically enough, those who wanted to pass this measure based on saving money (by less incarceration) had to be shown that most imprisonments are due to such violations.  Remarkably, the Attorney General stuck to their story that nobody is sent to prison for marijuana… even as evidence and personal stories came forth.

It is likely that the Dept. of Probation and Parole will develop new guidelines for what to do when someone receives a $150 “pot ticket” (which doubles to $300 after 30 days, and to $600 after 90 days).  They will likely need to pay even more to attend a mandatory drug program, and failure to do so will result in a violation.  This may ultimately prove challenging for people who are unemployed or barely scraping by, as are many people released from prison.

There should be no surprise that the bulk of marijuana tickets will disproportionately come from highly policed areas, and disproportionately affect People of Color, who represent about two-thirds of Providence.  DARE, ACLU, PrYSM, and others have consistently presented evidence of racial profiling in Rhode Island that has a similar ring to the NYPD’s “Stop and Frisk” program that is currently under scrutiny by the Justice Department and Gov. Cuomo.  Marijuana decriminalization, however, did not gain momentum due to the disproportionate impact on the 21% of Rhode Island residents who are Black, Latino, or Asian.  It passed because 12% of Rhode Islanders are willing to admit they smoke pot.  The Providence Journal article poll tallies 29% of people who “already” smoke.

When former RI Republican Minority Leader Bob Watson was arrested in Connecticut last year, just prior to a hearing on this bill, some wondered what would have happened if Watson was pulled over in his hometown of Portsmouth… or if he had been before.  Watson’s public defense was that he needed the pot for his ailments, i.e. he needed it to get by.  Many of that 12% have said the same.  I have never encountered a person who wants their friend or family member to be disabled through drug use of any kind, and so my last words to the legislators on the matter were, “if you caught your son, daughter, or colleague with marijuana, what would you do?  Whatever it is, what’s good enough for your son, daughter, or colleague is good enough for the rest of Rhode Island.”

Nobody believed we could eliminate mandatory minimum drug sentences in Rhode Island.  But we did.  Nobody believed we could pass a law that would nullify a probation violation prison sentence if the new charges were ultimately dismissed.  But we did.  When we started down this road, few believed Rhode Island was ready to reduce penalties even on marijuana… and now some politicians openly call for regulation and taxation of this plant.  The push to create a Study Commission (often the kiss of death) by Senator Josh Miller was crucial.  It allowed reports such as the study by Harvard economist Jeffrey Miron to gain prominence and dissemination through Open Doors, a service provider for the formerly incarcerated.  The study commission put major advocacy partners on notice, such as Drug Policy Alliance, Marijuana Policy Project, and Law Enforcement Against Prohibition- and let them know that we are making change in this tiny little state.

What is next in drug policy other than pushing for full regulation, and a potenial $300 million in economic impact?  It is worth noting that marijuana has been a gateway drug to a criminal record, and once someone is on probation they no longer receive the full protection of the 4th, 5th, and 6th Amendments; they are essentially guilty until proven innocent.  For those who want to save dollars and those who want a rational or humane approach to drug policy in Rhode Island, we can look at ways for people to get out of what is one of the most regressive probation schemes in the country.  RI is one of the leaders in percentages of people on probation and the lengths of sentences.

One proposal we put forth is limiting the probation violation to the time remaining on probation.  Currently, someone with a 10 year suspended sentence can be given that term if violated on the last day of the 10th year.  This often violates the statute of limitations, carrying a punishment beyond what is permissible by law.  Another proposal is to allow probationers and parolees the ability to earn Good Time credits off their sentences.  Ultimately, the only ones who would receive credits are those “doing the right thing,” and it would allow Probation Officers more flexibility in curbing inappropriate behavior, short of incarceration.  Another proposal, which gained momentum this year, is a Good Samaritan law that would not punish a drug user who calls 911 to save the life of another.  This places a higher priority on life than on imprisoning those who are generally addicted to heroin (the most common form of overdose).

No matter what direction activists and politicians go after this key victory, it appears certain that the public is far ahead of the politicians on this matter.  It is high time that harmless behavior be treated as such in the courts.  It is also time for us to find medical solutions for health problems such as addiction, rather than putting someone in a cage until later.

 

Bruce Reilly is a member of DARE, Rhode Island’s only organization committed to (among other things) the development and empowerment of those directly impacted by the criminal justice system.  He testified on this bill in both the House and Senate, along with other DARE members, and is a national steering committee member of the Formerly Incarcerated & Convicted People’s Movement.  He attends Tulane University Law School, and is currently a legal intern at the Brennan Center for Justice.

Who Should Be ‘Crashing the System?’


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The recent article by Michelle Alexander appearing in the New York Times, “Crash the System,” has stirred up a great deal of interest among the activist community.  Most of the people I have heard from, however, have been those who never faced imprisonment- including many lawyers and law students… i.e., people who actually read the New York Times or have it shared with them on their Facebook wall.  Alexander’s article dangles a theory of overloading and “crashing” the criminal justice system: by everyone refusing the plea bargain and going to trial.

This crashing maneuver is nothing new to prisoners.  The article itself spawned from a conversation between Alexander and Susan Burton, a formerly incarcerated woman who has since become a trailblazing activist and organizer on criminal justice reform.  Having spoken with those who have done time in other states, I know most elements of the system are essentially the same no matter where you go.

When I was facing my own sentence, being held without bail for nearly three years, I counseled hundreds of men regarding plea bargains and trials.  I could typically anticipate the first offer from the state, what he should counter-offer, and what the state will settle on.  It was very formulaic, and a disappointment whenever someone took the first offer just to get out of the hideous conditions of pretrial detention (yet another tactic).  And there was always that guy yelling, “People need to take everything to trial.  Shut down that whole damn system.”  And there is another guy saying, “I came in alone, I’m going out alone.”

In hindsight, I could have never organized these men to refuse plea bargains and go to trial for several reasons.  First, there is something distinctly personal about one’s own sentence.  Unlike conditions of confinement that affects everyone inside, the individual sentences can range from weeks to decades for actions that have nothing to do with each other.  That early phase of confinement, in jail or “Intake,” is rife with suspicion, ego, and predatory tactics.  Nobody is prepared to take a bullet for the person in the cell next to them.

Some of the commentary I have read by activists (who do not live in Highly Policed Communities) suggest that the nation’s arrested (mostly poor People of Color) should take this on.  As if we have now found the secret method of change in a nice March On Washington and Occupy Wall Street way.  They would put the onus of changing an oppressive system on the lashed backs of the oppressed.  Sadly, due to the impotence of the American public at large, it will likely end up being just that.  Others have asked the legal community what they can do in this situation, suggesting that a lawyer holds the key to a plea bargain and could actually counsel people to take a stand.

A lawyer’s job is to arm a client with as much knowledge as possible so they can make the best decision.  This does not always happen, particularly in the world of young Public Defenders with massive caseloads.  Not only does the typical lawyer have little knowledge about the totality of the system, from police tactics to prison conditions, parole hearings to probation violations, or employment discrimination to voting rights… most attorneys would not have time to truly explain this to an accused person.

Public Defenders, AND prosecutors, need to develop an ethical standard about collateral consequences, sentencing enhancements, and reduced standard of guilt (on violation hearings) so that people can intelligently accept/reject a plea.  As of now, the accused generally hears “If you sign this, you can go home today.” Or “If you go to trial and are convicted, they will throw the book at you.”

One lawyer mentioned to me that he is currently pursuing a strategy against a sentencing enhancement by arguing how, when he was sentenced before, nobody said anything about getting extra time if he were convicted again.  Every state has “bonus” time, such as Three Strikes in California, where people can get as much as 20 years to Life tacked on “just because.”  Thus, the enhancement is often higher than all their previous sentences combined.  This is a good legal strategy, similar to the successful argument in Padilla, holding that someone cannot be deported for a prior guilty plea when they were not told that the plea can result in deportation.  Those in best position to fight a criminal conviction by taking it to trial are often facing lighter crimes at a young age.

My first plea was for marijuana possession.  Four of us were traveling in a car, we were pulled over, and the police found a bag after nearly ten minutes.  No warrant, of course.  My friends all had families to report to, so I claimed it to be mine.  When I went to court, the Public Defender met me in the hallway and never mentioned the Fourth Amendment.  Instead she explained how if I pay a few hundred dollars the charge will go away if I stay out of trouble for a year.  And I won’t have to do any time on it.  Up until that point, I had contact with the police just about every year since I was 11 years old.  It did not seem to matter to her whether or not I might have contact over the next year.  This was a standard deal.  Bargaining was not a concept in this plea.

My second plea, within a year of the last, was slightly more complicated, as they offered me five years suspended and five years probation.  Same procedure in the hallway, but I insisted two things: I didn’t steal the car, and I was not intoxicated.  The prosecutor amended the charge to Receiving Stolen Goods Over $500, and kept the sentence.  I took it.

Many years later, when trying to get a driver’s license, the DMV told me I was convicted of refusing a breathalyzer.  I felt this was ludicrous considering the police brought me unconscious into the hospital after a car wreck.  But it was too late to challenge this, so I was told.  The total tab to get back on the road was over $3000, including DWI classes and extra insurance.  And yet today, this little bonus conviction doesn’t even show up on my record.  Such is the ways of the system.

My final plea is the most telling.  I called their bluff.  I knew what I was actually guilty of, under law, and they initially agreed to this, and would ask the court to impose the maximum sentence.  When I went to court for the official sentencing, they pulled the rug out and wanted a more severe charge. Apparently the Attorney General wanted to keep his statistics up.  I demanded a trial.  I told my lawyer, “Going through life as a convicted murderer is likely to be much different than being labeled a convicted manslaughterer.”

My lawyer asked what I would take on second degree murder.  I told him 15 years.  He said they would never go for it.  I said “get a jury, let’s go to trial.”  He started to explain how summer was coming, nobody wants to do trials, people go on vacation… I reminded him I had been held without bail for almost three years.  I wanted my “Speedy Trial,” which is supposed to be within 180 days.  My lawyer went back upstairs.

The guys in the holding pen were scared for me.  “Man, you’re rolling some big dice.”  The few who knew me had to remind me I knew the law and wouldn’t get rolled over.  Manslaughter itself carried up to 30 years, and I knew if I lost a trial I would get just that, and hopefully be out in 15 or 20 on parole.  I would rather get 30 for manslaughter than 25 for murder.  I knew it would have a domino effect on my entire life.

It only took about fifteen minutes for my lawyer to come back down.  The prosecutor was going to ask the court to impose 25 years for second degree murder- they knocked off five.  If I pled guilty, the judge could still do whatever he wanted.  If he went higher, naturally I would have screamed out in the courtroom about “fraud, deceit” and other such things that would get my “plea” thrown out.  Upstairs, the prosecutor who previously recommended a manslaughter conviction, labeled me before the court in as vile terms imaginable.  He could have said the same things about Osama bin Laden, as there really isn’t much else to say.  After hearing statements all around, the judge gave me 45 years, with 20 years to serve.  I didn’t scream out, or anything.  I was already numb.  That chapter of my life was officially over.

Two decades later and I can say with certainty that the label on me does not rest.  The label says nothing about what I actually did, but its easy for journalists and others to use- people can attach a set of images and presumptions to it.  My lawyer was not overly concerned about this label, nor any collateral consequences.  A nice enough guy, it just wasn’t in the cards to discuss anything other than the actual number of years in prison.  We did not talk about life on parole, or on probation, and how that will impact me.  Ultimately, even a Jailhouse Lawyer like myself who spent years studying the rules of evidence and constitutional provisions, did not make a fully informed choice regarding my plea.

The eighteen year old me could have been part of crashing the system.  I had a perfect case for trial that carried a light sentence overall.  A good lawyer would have taken the extra hour to get it dismissed.  A good lawyer would explain to young people that if one takes the statutory maximum sentence, suspended, and goes home today on probation, they are very likely to serve at least five years on that probation violation… because something is likely to happen between ages 20 and 30- particularly in Highly Policed Communities amongst my Black and Brown brothers and sisters.  The nineteen year old me, facing serious charges, needed the benefit of those who keep the system in check.  Unfortunately, I’ve found that those without criminal records are waiting on me to keep the system in check.

Wyatt’s Wall Streeters to RI: “Buy My Prison, PLEASE!”

Recent talk continues about the state buying a troubled asset, the Wyatt Detention Facility in Central Falls.  The thinking is that the state could purchase the outlandishly overvalued prison, refinance it, and operate a modest profit margin while saving the bondholders on Wall Street.  Naturally, such a deal would take decades, if ever, to pay off.  As is, a scheduled increase in finance payments should bankrupt the prison within a few years.  Like many such large projects, the income is made on the construction and the taxpayer dollars being redirected into the inside investors- a prison is not a “business” that sells a profitable service to customers.

The Wyatt prison operates at about half the cost of the ACI.  They also get hundreds of thousands of dollars in free city services.  Their subsidized, tax-free, “privatized” efficiency is done primarily by paying their labor on par with WalMart, rather than negotiating with the RI Brotherhood of Correctional Officers.  If the state were to buy the Wyatt, there would likely be a considerable push to pay similar salaries and benefits, and the Brotherhood will likely demand those be union jobs.  Furthermore, the payouts by Wyatt to prisoners’ widows (such as Jason Ng) would come out of the state coffers.  The Wyatt will be guided by 14th Amendment protections under state ownership, which can grow costly, as (surprise) prisoners happen to be human beings and there are limitations on what forms of punishment and neglect can be inflicted upon them.  Ultimately, and thoughts on turning a profit should be forgotten.

The desires to own a prison suggest little has been learned by the Bailouts and Foreclosure Crisis.  Many people in government appear determined to override market forces and subsidize poor business models.  It is much easier for a government official to do than an individual investor because, after all, it is not their money.  And all you need to do to keep the Wyatt in business: increase sentences, arrest more people, create new crimes, and put more police on the street.  For every dollar that the Wyatt makes, a dollar is spent by the taxpayers.  Wyatt’s Wall Street owners need you to keep their pockets lined.