From my prior dealings with Chief Mailey, and my knowledge of his operation of Dover P D, he may just be the right man for the job to solve some of the many problems with probation/parole/work release. The problem for anyone inclined to improve Delaware D O C is that other staff and administration will file false reports and lie to them, to try to conceal their many wrongdoings.
This is a MUST READ if you have not read it! Probation and Parole – a short Essay by Ken Abraham – With Letter to the Editor or Editorial Submission
Excerpts from the Article:
Delaware Department of Correction Commissioner Claire DeMatteis announced Oct. 10 the appointment of former Dover Police Chief Marvin Mailey as chief of the Bureau of Community Corrections.
The bureau oversees probation and parole, pretrial services, the community work release program, electronic monitoring and other supervision programs for more than 14,000 individuals statewide who are housed in work release and violation of probation facilities or are serving probationary sentences in the community. Mailey will replace current Bureau of Community Corrections Chief Jim Elder, who will become chief of an expanded Bureau of Healthcare, Substance Use Disorder and Mental Health Services on Nov. 1.
“Chief Mailey’s distinguished career reflects a strong commitment to public safety through community engagement and partnership, and he knows the balance between law enforcement and reentry services needed to lead our Bureau of Community Corrections into the future,” said DeMatteis. “As Dover Police chief he was recognized for efforts to reduce violent crime by building relationships between law enforcement, residents and community partners. At the DOC he and his team will leverage that same collaborative approach to support successful reentry and reduce our state’s recidivism rate.”
The Bureau of Community Corrections works to reduce crime and support public safety by assessing offender risks and needs and providing responsive supervision through comprehensive evidence-based reentry-focused programs that feature substance abuse treatment, mental health services, career counseling, education and training. Bureau staff collaborate on a daily basis with medical and behavioral healthcare professionals, community organizations, service providers, state agencies, employers and the Judiciary to connect men and women under their supervision to systems of support that improve their chances of leading productive lives in our communities. They also play an active role in collaborative crime reduction initiatives, including the Group Violence Intervention project in Wilmington.
“I am honored to rejoin the Department of Correction and look forward to leading an exceptional team of Probation and Parole Officers and Community Corrections professionals who work hard every day to guide justice-involved men and women on their path out of the criminal justice system and into successful, healthy and productive lives in the community,” said Mailey.
Mailey returns to the Department of Correction with more than 30 years of community-focused law enforcement experience. After serving for four years as a law enforcement specialist in the U.S. Air Force Chief Mailey served from 1989 to 1993 as a correctional officer with the Delaware Department of Correction. In 1993, he joined the Dover Police Department, with assignments in the Patrol Unit, Drugs, Vice and Organized Crime Unit and Community Policing program. He served in leadership positions as a supervisor of the Special Operations Response Team, Patrol Platoon, the Special Enforcement Unit and Unit Commander of the Internal Affairs Unit. He was appointed deputy chief in 2014 and in May, 2017 was appointed chief in a unanimous vote of Dover City Council. Mailey retired as police chief in May. Most recently, Mailey served as public safety manager for Bayhealth.
Once again, my friend Steve Hampton, Esq. has done a fine job in suing several prison officials responsible for the brutal beating of an inmate. What you read below is not an uncommon occurrence in today’s prisons.
Unfortunately, the only way to greatly reduce such crimes is to LOCK UP SOME OF THE PERPETRATORS! READ:
Excerpts from the Lawsuit:
18. Poorman physically abused Green when he was defenseless and non-resisting by beating, punching, and jumping on him, and also caused another officer to spray pepper spray into his eyes, nose and mouth.
19. Poorman violated DOC policy 8.30 regulating use of force against inmates. Section V of the policy states in part:
a. The use of force must be reasonable under the circumstances and should be used only when no other reasonable alternative is available. If possible, staff shall take reasonable steps to deescalate a situation or otherwise prevent the need to use of force. The use of force may not be used as a retaliatory or disciplinary measure. Physical instruments of restraint (handcuffs, shackles, chains, etc.) of any type shall not be applied as punishment. Use of excessive force by the Department employees or other persons is prohibited. Any violation of this policy may result in disciplinary action, up to and including termination
20. Defendant Poorman used excessive, unwarranted and unnecessary force when he physically attacked Mr. Green without cause, violating his civil rights pursuant to 42 U.S.C. §1983, and violating his 8th Amendment right to be free of cruel and unusual punishment.
21. Defendant Poorman acted:
Defendant Poorman used excessive, unwarranted and unnecessary force when he physically attacked Mr. Green without cause, violating his civil rights pursuant to 42 U.S.C. §1983, and violating his 8th Amendment right to be free of cruel and unusual punishment.
21. Defendant Poorman acted:
c. With malice; and
d. In a manner which violated Mr. Green’s civil rights.
22. The intentional acts of Defendant Poorman constituted:
c. Intentional infliction of emotional distress; and
d. A violation of Mr. Green’s ’s constitutional civil rights pursuant to 42 U.S.C. §1983 and his 8th Amendment right to be free of cruel and unusual punishment.
23. As a result of the intentional actions of Defendant Poorman, Mr. Green has suffered the following injuries:
a. Physical injuries including exacerbation of injuries sustained when Green fell about 30 feet to the ground;
b. Tremendous physical pain at the time he was being beaten by defendant Poorman and when Poorman instructed another officer to pepper spray his face while he was handcuffed and already suffering tremendous pain from his broken bones;
c. Past, present and future physical, mental and emotional pain and anguish, and humiliation.
GRADY & HAMPTON, LLC
You can reach Steve at:
Stephen A. Hampton
Stephen A. Hampton (# 2451)
6 N. Bradford Street
Dover, DE 19904
Study on solitary confinement makes a tragic case for restricting it in the U.S. People held in solitary confinement were 127 percent more likely to die from opioid overdose.
I was placed in isolation cells for 1,510 days. I saw many men go mad. “Thank you,God, for my strong spirit”! YOU should read: It’s not about What They Did to Me – Prison Abuse
What these studies don’t tell you is that the isolation cells are used improperly and illegally very often by mean-spirited guards to shut up or punish inmates who try to complain about prison abuse or medical neglect, or try to contact the outside world about the same.
Excerpts from the Article:
In the United States, thousands of prisoners are put in “the hole” for years, and while it’s established the practice of isolating people results in trauma while they are in prison, new research shows solitary confinement is linked with massive costs once prisoners are released.
Scientists reported Friday that people who spent any time in what’s officially known as “restrictive housing” during their incarceration at a North Carolina state prison were “significantly more likely to die of all causes in the first year after release than those who did not.” Furthermore, spending more than 14 days in solitary confinement was linked with a higher risk of death and reincarceration after release from prison.
Their work was published the journal JAMA Open Network, and it examined those prisoners between 2000 to 2015. The data was provided to the team by the North Carolina Department of Public Safety, which has expressed interest in reforming how the state approaches solitary confinement.
First author Lauren Brinkley-Rubinstein, Ph.D., an assistant professor at the University of North Carolina School of Medicine, tells Inverse that previous research has shown that solitary confinement can be detrimental to health, but “traditionally it has been very hard to obtain administrative data on time in solitary confinement during incarceration.”
Similarly, it’s been difficult for researchers to establish how many Americans have been placed in solitary confinement. A 2016 study by Yale Law School found that about 66,000 prisoners were in solitary confinement, based on data from 73 percent of the country’s prison population. The study also estimates that if all data was available, that number would rise to 80,000 people.
In the case of this new study, Brinkley-Rubinstein and colleagues were able to use data provided by the North Carolina Department of Public Safety, then matched that data to mortality records. The cohort study included 229,297 people, some who had been placed in restrictive housing and others who had not.
Certain patterns emerged: People who spent any time in restrictive housing were 24 percent more likely to die in the first year of their release. Within this group, 78 percent died from suicide while roughly 54 percent from homicide. These individuals were also 127 percent more likely to die from an opioid overdose in the first two weeks after their release. This was especially true for white individuals.
These individuals were also 127 percent more likely to die from an opioid overdose in the first two weeks after their release.”
While this study shows that exposure to restrictive housing “may be a contributing factor” to risk of death during community reentry, it can’t establish exactly why.
“We know that being incarcerated increases the risk of adverse health outcomes post-release but, what is understudied, is what are the ‘mechanisms of incarceration’ that heighten this risk above and beyond what we already know,” Brinkley-Rubinstein explains.
But testaments of prisoners and psychiatrists point to the mechanisms that are likely at play. To be in restrictive housing means to be within a cell about the size of a king-sized bed for 22 to 24-hours a day. These settings mean social isolation, sensory deprivation, and intense physical idleness. Interviews with prisoners in solitary show indicate that time spent there can induce paranoia, hallucinations, panic attacks, and suicidal intentions among other repercussions. They can lose their ability to interact with other people and to know who they are.
Currently, there is a lawsuit filed against the Virginia Department of Corrections for holding a man named Tyquine Lee in solitary confinement at Red Onion State Prison for more than 600 days. Lee has lost over 30 pounds, as well as his ability to speak and remember his name.
There are movements to reform restrictive housing rules in the United States, but various agencies and advocacy groups differ on when it should be applied. Some consider it torture and advocate for its complete restriction, while others argue for more gradual efforts or alternatives.
In 2016, the Department of Justice argued that in certain occasions “correctional officials have no choice but to segregate inmates from the general population” but “we believe strongly this practice should be used rarely, applied fairly, and subjected to reasonable constraints.” Meanwhile, the nonprofit the Vera Institutes argues it should only be used as a “last resort” and “for the shortest time possible.” While federally there are no restrictions on solitary confinement, as of July 2019 there are eight states that have legislation that limits the use of restrictive housing.
In turn, the authors of this new study argue that their results can be used to “identify people for linkage to trauma-nformed, community-based substance use and mental health treatment, overdose prevention and harm reduction, and wraparound care and services. To Brinkley-Rubinstein, the goal is that the data can ignite change: “I hope that jails and prisons reconsider the use of solitary confinement and restrict its use.”
In 2015, the United Nations instituted the “Mandela Rules,” which state that no one should be put in solitary confinement for more than 15 days. However, the US doesn’t follow those rules.
Conclusions and relevance: This study suggests that exposure to restrictive housing is associated with an increased risk of death during community reentry. These findings are important in the context of ongoing debates about the harms of restrictive housing, indicating a need to find alternatives to its use and flagging restrictive housing as an important risk factor during community reentry.
My friend and great lawyer, Steve Hampton, has what it takes to kick the bad guys’ asses. This article relates an all too familiar story about a young man incarcerated with MH issues. I have NO doubt that all of Steve’s allegations are true, and I KNOW that this one is true: “When Darius was being victimized at JTVCC or MCCC his plight was common knowledge at all levels of authority, including the warden.”
Young Mr. Sarro was serving a one-year sentence for a violation of probation on a fourth-degree rape charge. READ Letter to Editor or Editorial Submission – What a Monster we Have Created! Probation and Parole 2/19/19 =
Excerpts from the Article:
The family of an inmate who died after being found hanging two years ago has filed a lawsuit citing the alleged disregard of mental health, abuse and safety concerns during a two-year period.
Darius Sarro was supposedly subjected to constant “terror and torture” before dying while being held at Morris Community Corrections Center in Dover in 2017, according to the 45-page Superior Court action filed action filed on Tuesday. He was also incarcerated at James T. Vaughn Correctional Center in Smyrna during the stretch.
Connections Community Support Programs Inc. and Delaware Department of Correction officials were named as defendants.
The plaintiff’s attorney Stephen Hampton described the case as “tragic … but probably will not be the last if DOC and CCSP continue like they have been.”
Also, the attorney said, “We get contacted by phone, mail, or email upwards of 30 times a week with complaints by inmates or their families about prison conditions. Almost all involve the failure to get healthcare, or bullying by correctional officers.
“Conditions for inmates seem to be as bad as they have ever been, except in the year after the (inmate) revolt (that included the death of a correctional officer at JTVCC).”
Delaware Department of Correction spokesman Paul Shavack said, “We are in the process of reviewing the details of the filing, but due to pending litigation we will not discuss the specifics of the case.”
Attempts to reach CCSP for comment were unsuccessful.
According to the lawsuit, Sarro hung himself in a bathroom sometime overnight on Oct. 10, 2017. DOC records and reports showed that he “was unaccounted for during the 30 to 45 minutes before he was discovered.”
The complaint indicated that Sarro was classified as a Seriously Mentally Ill inmate by CCSP “who required frequent and daily mentoring, monitoring, and medication.
“He had long hair and was slight in stature, standing (5-foot-2, weighing around 120 pounds.) His appearance was youthful, childlike even, and it made him a target of larger inmates who sexually abused him, raped him, bullied him, stole his property, extorted money from him and threatened him during the two years preceding his death.”
Sarro, 23, was pronounced dead on Oct. 14, 2017 after transport to Bayhealth-Kent General Hospital in Dover. He was serving a one-year sentence for a violation of probation on a fourth-degree rape charge.
The lawsuit claimed that “CCSP employees failed to provide Darius with the mental health treatment necessary for a suicidal rape victim. Instead, employees ignored his plight and failed to take steps to prevent Darius from being victimized by these inmates. “They also failed to monitor him even when they knew he was suicidal, out of sight, and wearing a belt.”
According to the action, Sarro had supposedly been diagnosed with bipolar disorder (noted in an initial psychiatric evaluation in December 2014 following incarceration), depression and attention deficit disorder and had been admitted to Dover Behavioral Health and Rockford Center five times, with a most recent suicide attempt in 2012.
Also, the action noted multiple mental health sick call requests, supposed bullying and sexual assaults that were allegedly mishandled or ignored.
DOC employees allegedly failed to follow Prison Rape Elimination Act guidelines and failed to interview Sarro and failed to “take any actions against his attackers other than to move them to another tier.
“When Darius was being victimized at JTVCC or MCCC his plight was common knowledge at all levels of authority, including the warden.”
Jury awards former detainee $25 million in jail beating case – More Costly, Counterproductive, Preventable, Prison Abuse – kra
This is likely to be reduced on appeal, only because judges often do reduce large awards. YOU should read: Why the Massive Indifference is a Massive Mistake
Excerpts from the Article:
A man who attorneys say was beaten and left with a traumatic brain injury inside a now-shuttered jail has won his lawsuit against the state of Maryland.
News outlets report a Baltimore jury awarded Daquan Wallace $25 million on Tuesday. His attorney Cary Hansel says he will contest the $200,000 limit on tort claims against the state. Office of Attorney General spokeswoman Raquel Coombs says the state is reviewing the decision.
The lawsuit says at least three correctional officers allowed gang members to attack Wallace while he was a detainee at the Baltimore City Detention Center in 2014. Hansel says Wallace now uses a wheelchair and cannot talk.
In 2013, state and federal officials said gang members had effectively taken control of jail. Gov. Larry Hogan closed it in 2015.
A report all too familiar to me. Although all of America’s prisons – yes, all – are a disaster, the Florida system is worse than many. The Miami Herald does a good job of reporting what they can. Despite the usual bullshit, false comments by FDC officials, at least this asshole was prosecuted, though his sentence was much too lenient.
This article was sent to me by fellow advocate and great lawyer, Steve Hampton, one of few with the skills and the will needed to sue Delaware DOC.
Grady and Hampton LLC
6 North Bradford Street
Dover, DE 19904
Excerpts from the Article:
Anquanette Woodall’s third child was unplanned. In spring 2016, when she was three years into her 15-year sentence for armed burglary and robbery, an officer at Gadsden Correctional Facility cornered her in a staff bathroom near the prison’s kitchen — one of the many blind spots in the facility’s security camera system. He instructed her to pull down her pants, then threw her against a wall and raped her.
To cement her silence, the guard, Travis Hinson, said that he knew the address for Woodall’s mother, the caretaker of her two small children.
The evidence was damning enough that Hinson ultimately pleaded guilty to sexual battery, but not damning enough to spur the Florida Department of Corrections into enacting much in the way of new policies to prevent sexual assault at the hands of the corrections officers it hires, or helping shoulder the cost of the harm those guards cause.
According to Woodall, who has been moved to Lowell Correctional, the FDC would not pick up the cost of an abortion had she decided not to carry the prison guard/rapist’s child to term.
“The rules were, that if I decided to have an abortion, it wouldn’t come out of the state’s pocket. It would come out of my mom’s pocket instead,” Woodall said.
Woodall’s daughter, now 2, is being raised by the inmate’s sister.
Woodall’s story is one of the many accounts of inmate abuse in Florida’s prison system, which is responsible for the second-largest female prison population in the United States. The Miami Herald’s Beyond Punishment series documented rampant physical and sexual abuse of female prisoners in Lowell, the place where Woodall has ended up after escaping the treatment she experienced at Gadsden. The series showed how officers coerce women into sex acts through threats of violence or sheer force, or by withholding necessities such as toilet paper and sanitary pads from women who do not comply.
In the three years since the series ran, it’s not clear that life has improved much for female inmates in the care of FDC. On Aug. 24, advocacy groups gathered at Lowell, near Ocala, to protest not sexual assault, but a violent attack by several staff members on a 51-year-old prisoner, who is now paralyzed from the neck down. Women formerly incarcerated at Lowell have taken to YouTube and social media to circulate their own accounts of physical and sexual abuse at the facility.
In the wake of the Miami Herald’s reporting, the U.S. Justice Department is conducting an investigation into conditions at Lowell.
In an interview with the Herald, which the FDC would not grant unless prison staffers were in the room (the department could cite no rule requiring such oversight and had not uniformly required it in the past), Woodall described the way that officers closed ranks to protect Hinson. She also asserted that his conviction, after a DNA test tied him to the attack and subsequent pregnancy, made her a target for officer abuse in the FDC system.
“The doctor said, ‘Your pregnancy tests came back positive,’ and I told her, ‘That’s impossible,’ still trying to cover it up,” said Woodall. “And she was like, ‘Well, there’s a rumor that you’ve been going around and sleeping with a lot of officers, being a slut.’ I just started crying then.”
The U.S. Department of Justice told the state of Florida in 2018 that conditions at Lowell Correctional were under federal investigation.
During her pregnancy, Woodall remembers getting messages from Gadsden, close to where Hinson’s family lives. “To a physical degree, it was fine, for a while,” said Woodall. “It was more the comments, what was being said, calling me out by name — slut this, ho’ this, snitch — stuff like that.”
At the time of the assault, Hinson was employed by a labor subcontractor, Management and Training Corporation. Gadsden is a privately run state prison, but under the umbrella of the state Department of Corrections. MTC provided the Miami Herald with a copy of Hinson’s employee disciplinary records, which showed he was reprimanded for excessive tardiness once in 2014, then dismissed in 2016, following the launch of the Inspector General’s investigation.
Prior to MTC, Hinson worked directly for the FDC, where corrections officer turnover is chronically high and the department is eternally understaffed. In July, the FDC reported 2,000 vacant prison guard positions and dropped the minimum age from 19 to 18 in hopes of finding more qualified recruits to fill posts. Salaries for prison guards start around $33,500 per year. The Florida Legislature has shown little inclination to appreciably raising salaries to make corrections officers jobs more desirable. In March, Woodall says she elected to stay in administrative confinement — a more restrictive level of incarceration — out of concern for her safety amid escalating verbal and physical abuse at the hands of corrections officers. In addition to Lowell, where pregnant inmates are incarcerated, she has spent time at nearby Florida Women’s Reception Center and at Homestead Correctional Institution since leaving Gadsden.
As the prison staffers took in every word during the interview, which took place at CFRC, Woodall grew visibly apprehensive when asked to describe those incidents of abuse.. However, for each incident, Woodall penned a detailed formal complaint to prison leadership and the Office of the Inspector General, describing guards who berate her, pinch her and, despite their coworker’s guilty plea to raping Woodall, warn her that sleeping around with guards will not be tolerated.
“Officers, they’re like a unit, and that’s how they’re supposed to be. But if you take one of their own down, it’s a problem,” she said.
Of the 515 officers assigned to Lowell, 265 are male.
In 2012, the Bureau of Justice Statistics implemented national standards for reporting sexual harassment and assault in United States correctional facilities. Between 2012 and 2015, the most recent year for which statistics were available, BJS says inmates in federal and state prisons filed nearly 28,000 allegations of staff-on-inmate abuse, but only one in every 20 complaints was substantiated. Over a tenth of the allegations are still under investigation, while the bulk of allegations were dismissed as unsubstantiated or unfounded.
In 2003, Congress passed the Prison Rape Elimination Act (PREA), to track and discourage sexual abuse behind bars. States, including Florida, have been slow to adapt.
“There’s a price that comes with speaking up for yourself,” says Woodall. “I know one girl, she tried to report a PREA, and she kept on trying to insist that this is what was happening. She got sent back to the dorm with a DR” — a disciplinary report, citing her own misconduct.
After Woodall’s rape, MTC added 30 additional cameras at Gadsden and is in the process of adding 30 more, according to MTC Director of Communications Issa Arnita. Cameras can prevent abuse, although staffers know where the cameras are and aren’t and can adapt their behavior accordingly.
The FDC, despite trusting Hinson to oversee its female inmates, has not provided the Herald with any changes in screening or hiring practices to prevent similar instances.
For the rape charges and a subsequent, unrelated aggravated battery charge, Hinson is slated to serve just over four years in prison and is scheduled for release in 2022. Four years later, Woodall will be released and be able to assume responsibility for raising his biological daughter.
9/27/19 – I just got a call from the Las Vegas Sun, asking me to verify that I wrote this, because they want to print it! Great! I send letters to papers all over the country, and you should too!
Letter to the Editor – WHY Shootings are the Norm! – 9/25/19
In some neighborhoods in America, shootings are the norm, violence is endemic. WHY? Here is one big reason why: for decades we have been violent against non-violent people!
Millions of Americans have seen and experienced this violence … called Prison Abuse! They were imprisoned for non-violent offenses, only to be brutalized by the system.
Have you read these two articles by Citizens for Criminal JUSTICE? You should! They explain how we have been sooooo stupid, spawning this violence.
Ken Abraham, former Deputy Attorney General, founder of Citizens for Criminal JUSTICE, Dover, DE 302-423-4067
I get lots of letters published, and ghost write for others. THIS IS THE BEST WAY TO REACH THOUSANDS OF READERS! The keys to getting your Letter published are:
1. Keep it to 250 words or fewer.
2. Do not make it about “poor little old me”. Describe the problem as one which not only affects the individual, but is a senseless or ineffective measure, policy, or law which also harms communities and society. For example, with reentry, the obstacles make it unnecessarily difficult for the individual, but also harm society by making it hard to become productive, spending money and paying taxes in the community, and they cause increased recidivism = increased crime.
3. Speak from your heart.
4. Google any facts you are not sure about.
5. Do not name-call.
Do what works: Write that Letter!
Letter to Editor – sign name, town, state, and your phone number (they often call to verify that you sent it), and “Member of Citizens for Criminal JUSTICE” if you like – shows you are part of a large group.
Send the email to yourself, and put on the “bcc” bar the email addresses for Letters to the Editor for the top ten newspapers in your state and several national ones – The New York Times, Chicago Tribune, U S A Today (google the Letter to Editor email addresses). Any questions, CALL me at 302-423-4067!
GOOGLE THE EMAIL ADDRESSES FOR “LETTERS TO THE EDITOR” FOR THE TOP TEN NEWSPAPERS IN YOUR STATE AND SAVE THAT INFORMATION FOR REPEATED USE – Some papers will print a letter from you every 2 ekke, some every 30 days, some every 90 days. They have varying policies. But if you really want to make a difference shoot them a new letter once a month! I send one out every 2 weeks.
Need a Letter on some criminal justice issue and not a great letter writer? NO EXCUSE! Email me a rough draft and call me and I’ll polish it up! firstname.lastname@example.org .
ANY QUESTIONS, CALL ME AT 302-423-4067.
Florida prisons are unsafe. One reason: The guards. | Editorial The brutal beating of a mentally and physically disabled inmate at the state’s largest women’s prison raises new concerns. The Department of Corrections says it needs more money to pay guards.
This editorial in the Tampa paper, although about a particularly brutal attack, is just the latest about America’s huge, counter productive problem of prison abuse. The “we need more money to pay guards” line is the oldest in the book, and a red herring. NOTHING WILL CHANGE UNTIL THE CRIMINALS IN UNIFORM – THE GUARDS – ARE IMPRISONED FOR THEIR CRIMES!
The good news is that once again there is a spotlight on the issue.
SPEAK OUT ABOUT PRISON ABUSE – I HAVE BEEN DOING SO FOR 8 YEARS NOW!
Excerpts from the Article:
Let’s stipulate that prisons can be dangerous places for both inmates and guards. But there can be no excuses for the brutal beating last month of a mentally and physically disabled woman by guards at the Lowell Correctional Institution that left her paralyzed from the neck down. Investigations are under way, and perhaps this horrific attack is the one that finally leads to lasting reforms in Florida’s prisons.
A federal civil rights lawsuit alleges that in August four male prison guards at Lowell attacked Cheryl Weimar, a 51-year-old inmate suffering from mental illness who also had a hip condition. As the Miami Herald reported, Weimar complained she was in pain and unable to clean a toilet. The lawsuit says the officers slammed her to the concrete floor and beat her, then dragged her outside where the beating continued outside the range of security cameras. Her lawyer says Weimar’s neck was broken and she is now a quadriplegic hooked to a breathing tube. There is nothing in this description of events that remotely justifies such violent, inhumane treatment.
The Department of Corrections’ response? Corrections Secretary Mark Inch allowed “that preliminary reports from this incident are concerning.”Concerning? The Florida Department of Law Enforcement is investigating, but the guards have not been suspended or sent home. Inch said in a statement two days after the attack that the guards involved were reassigned to positions that do not have contact with inmates until the investigation is completed. Reassigned? That hardly seems commensurate with the seriousness of the situation, particularly given the indefensible track record at Lowell.
The stat e’s largest women’s prison already is under investigation by the Justice Department, which notified former Gov. Rick Scott last year it was looking into conditions there. That investigation focuses on inmates who have been sexually assaulted by corrections officers. A 2015 Miami Herald report described deplorable conditions at the prison and detailed instances of inmates being forced to have sex with prison staff in return for protection from other officers and for necessities such as sanitary napkins and toilet paper. This latest assault suggests little has changed in the prison’s culture even with a new corrections secretary in place under Gov. Ron DeSantis.
Of course, the state has not been eager for the public to see much about the attack on Weimar, who the Herald reported declared a mental-health emergency that should have triggered medical intervention under the prison policy instead of a brutal beating. The newspaper reported her lawyer finally was allowed to take pictures of Weimar’s injuries after the Department of Corrections prohibited her from taking them for two weeks.
Florida’s criminal justice system has many issues. The nation’s third-largest prison system has nearly 100,000 inmates, and too many are locked up too long for nonviolent crimes. While Lowell is run by the state, there are too many prisons run by private companies that aren’t saving taxpayers money. The corrections system already costs taxpayers $2.7 billion a year and faces soaring health care costs for an aging prison population. And Inch candidly told state lawmakers last week there is “an issue of culture” within his department. He asked for $29 million next year to start reducing 12-hour shifts for guards, plus another $60 million for modest raises to try to reduce high turnover among prison guards.
The bottom line: Florida’s prison system is one hot mess that has not been effectively addressed by previous governors.
The first priority should be clear: There can be no tolerance for corrections officers who sexually assault and physically attack inmates. The federal and state investigations at the women’s prison in Lowell should be thorough, and they should hold accountable anyone who condones or participates in such violence. Remember, the attackers being paid with public money and acting on behalf of the state and all Floridians.
Yes, California was one of the first states on the “tough on crime” bandwagon, with awful results. They now are starting to “get it”: enhanced sentences do not reduce crime nor keep us safer.
This is telling: “Law enforcement fought us tooth and nail” … as I have warned for years, for every 1 person arrested, 29 benefit financially, so they lobby mightily and donate to lawmakers’ campaigns to save their useless jobs, trying to prevent needed changes. cops, prison guard unions, all the companies contracting with prisons, etc.!
“The California District Attorneys Association, the California Police Chiefs Association, and the California State Sheriffs’ Association all fought the bill.” … sure they did … job preservation! These moves by D As’ Associations really piss me off as a former prosecutor. The prosecutor’s job is to be FAIR, not just to lock up people.
Excerpts from the Article:
Asia was only 3-years-old when her parents went to prison, convicted on first-time drug charges. She would spend the next four years waiting for her mother, Ashleigh Carter, to be released, allowed only short visits every few months. Meanwhile, Asia and her disabled grandmother — both of whom had been in Carter’s care — struggled in her absence. They lived in a shelter after surviving a violent break-in. Asia struggled with self-esteem, was bullied by other kids, and grappled with the fear and trauma that comes with family separations.
Asia and her mother shared their stories with California lawmakers this year, in support of a Senate Bill 394, which enables parents and primary caregivers for a child under the age of 18 who are charged with nonviolent felonies and misdemeanors to opt into programs instead of imprisonment.
It is one of several newly passed criminal justice reform bills now awaiting Gov. Gavin Newsom’s signature.
Senate Bill 136, which puts an end to sentence enhancements that automatically add an extra year for anyone convicted of recommitting a felony for which they had already served time
AB 1331, which will increase research and improve record-keeping in the criminal justice system
AB 32, which effectively ends the era of California’s reliance on private, for-profit prisons, including ICE detention centers.
Building on a series of reforms enacted in recent years that aim to reduce numbers in the state’s overcrowded and overwhelmed prison system, the changes mark a shift away from the tough-on-crime punitive policies of the past.
Roughly 80% of prisoners have had their sentences enhanced, and for more than a quarter of those, it has happened multiple times. According to the California Department of Corrections and Rehabilitation, more than 11,000 people currently behind bars have had an arbitrary year added to their sentences because of the enhancement laws.
The practice comes at a high cost — the state spends roughly $80,000 a year to lock up a prisoner, a figure that multiplies as enhancements are added. Senate Bill 136 ends the practice, and according to an analysis by the Department of Finance, California will save $20.5 million in the first year of implementation. The savings are projected to increase each budget year to $43 million in 2021-22 and $68.5 million in 2023-24.
Passage was hard-won. SB 136 achieved a narrow victory, passing 41-37 in the Assembly, and 22-16 in the Senate.
“Law enforcement fought us tooth and nail,” Wiener said, adding this was only the second time sentence enhancements have been repealed in the state. A similar bill, introduced last session, didn’t pass.
“I wasn’t the only one who didn’t like it,” said Assemblymember Jim Cooper, a Democrat representing the Sacramento area, who did not vote for the bill. A former captain for the Sacramento County Sheriff’s Department, Cooper scored an 85% rating from the National Association of Police Organizations for pushing back against several reforms that would get people out of prisons.
“If this bill is signed by the governor, it will potentially give those repeat offenders a pass on that one-year enhancement,” he said. “Judges are in a much better position to make a decision on that than the legislature.”
Movement away from ‘three strikes’
California voters overwhelmingly approved one of the nation’s first “Three Strikes and You’re Out” laws in the mid-’90s, which landed some in prison for life if they were charged after having two previous conviction. By 2007, the state counted more than 173,000 prisoners, a 740% jump in just three decades.
After a series of lawsuits, in 2009 federal judges ruled that the state’s system was so overcrowded it was unable to provide constitutionally required care for prisoners. By 2011, when the Supreme Court stepped in and ordered the state to bring its numbers down, the prison population was at 162,000, close to 180% of what the system was designed to hold.
Now, prisons are holding at roughly 135% of capacity. Officials credit policy changes with the drop. The state successfully enacted several reforms, through both the legislature and the ballot box. Proposition 57, which provided incentives for rehabilitation program participation inside prisons, alone resulted in a reduction of 10,600 in the average daily prison population over the next three years, due to good time, early-release credits.
Advocates emphasize that there’s also been changes in the way criminal justice is discussed — and that’s largely what is driving the shifts in policy.
“A lot of the prior law and order and criminal justice policy comes from faulty storytelling,” said Erin Haney, Senior counsel at #cut50, explaining that now they are working to change the narrative. “We are now starting to look at what justice means, and that is very different than solely relying on our long history of thinking of justice as exclusively punishment.”
Carter, a partner with the group’s Empathy Network, an initiative that gives a platform to those impacted by the incarceration system, used her story to advocate for Senate Bill 394.
“When my daughter Asia was born I held her in my arms, looked her in the eyes, and swore to her that I would protect her with every fiber of my being,” Carter said through tears during her testimony during a California Senate Public Safety Committee hearing. “I promised her that she had nothing to be afraid of because Mama would take care of her and never leave her side — and I lied.” It’s been 10 years since, but they say their family still hasn’t recovered. That’s why Carter said she decided to share her story, in an effort to convince lawmakers to give parents — and their kids — a chance at a better life.
Senate Bill 394, The Primary Caregiver Pretrial Diversion Act, enables parents and primary caregivers for a child under the age of 18 who are charged with nonviolent felonies and misdemeanors to opt into programs instead of imprisonment.
Authored by state Sen. Nancy Skinner, a Democrat who represents the East Bay, the bill is intended to help the millions of children negatively impacted when a parent goes to prison, and ensure families aren’t separated by the system. It would create a pretrial diversion court that redirects parents or caregivers with dependent children into programs, including counseling, drug, and alcohol treatment, and career, parenting and financial classes to help them get back on track.
The California District Attorneys Association, the California Police Chiefs Association, and the California State Sheriffs’ Association all fought the bill.
“I think we are moving in a positive direction,” Wiener says, adding that, over the past few years the legislature has achieved important reforms. “We have made a lot of changes — but we have a lot more work to do.”
It’s called cruel and unusual punishment, a violation of the 8th Amendment. It is also “deliberate indifference to a serious medical need”, and inmates can sue. AND IT IS COMMON.
When I was in, a nurse who had gotten to know me, and who knew I would be writing my book, told me that she got orders from her boss (the “health care” provider at the time, since replaced twice) to arbitrarily terminate any two medications for any inmate receiving 4 or more meds per month … just pick two and stop providing them, to save money.
Excerpts from the Article:
A group of inmates is suing the New York state prison system over its efforts to crack down on prescription drug abuse, saying they are being forced to live with chronic pain because some medications have become too difficult to get behind bars.
The lawsuit, filed in federal court Monday, takes aim at a policy launched in 2017 that requires an extra layer of approval by senior prison system medical staff before inmates can get prescriptions filled for commonly abused and overused drugs.
In reality, those approvals are rarely given, the lawsuit said, leading to hundreds of prisoners being cut off from drugs used for legitimate medical reasons.
“The wholesale denial of these medications especially effects an already vulnerable population: one that includes patients with severe spinal and neurological issues, phantom pain from amputations, multiple sclerosis and serious, chronic pain,” the lawsuit said.
Eighteen prisoners are listed as plaintiffs in the suit. Many complained about restricted access to two drugs, the opioid painkiller tramadol, sold under the brand name Ultram, and the nerve pain and anti-convulsant medication gabapentin, sold under the brand name Neurontin.
Gabapentin isn’t a controlled substance on the federal level, but a growing number of states have taken steps to more closely monitor its use because of evidence it is being used by huge numbers of opioid addicts to make their high more potent. It is increasingly being discovered in the blood of people who have fatally overdosed on opioids. Simultaneously, it has become one of the most commonly prescribed drugs in the U.S.
Health officials in several countries have also documented widespread abuse of gabapentin in jails. The New York lawsuit includes several prisoners who say they need the drug and other painkillers for legitimate reasons
The suit said one of them, Angel Hernandez, 57, had been taking Ultram and Neurontin for years to control pain, numbness and a burning sensation from a degenerative spine problem and other ailments but was cut off from both drugs in 2017. His “medical records are full of his complaints of severe and unmitigated pain and suffering. Nothing was done,” the lawsuit said.
Another plaintiff in the suit, Wayne Stewart, 40, said he had chronic pain after injuries from a shooting in 2003 that left five bullets lodged in his body, including his head and the base of his spine. The gunshot wounds left him paralyzed from the waist down. He has also suffered from a pelvic bone infection. The suit said Stewart’s prescription for extended-release morphine was discontinued in favor of a far less potent dose of Percocet, which contains the opioid oxycodone. Then the Percocet prescription was also discontinued without cause. “To this day, Mr. Stewart continues to live with chronic, untreated pain,” the lawsuit said.
Pain management in prisons and jails is complicated due to concerns of prescription diversion and misuse, said Lipi Roy, a clinical assistant professor at NYU Langone.