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Tuesday, January 3, 2012

Meals, Mail and More

Do you ever ask yourself “why do six out of ten released offenders land back in prison within three years?”  Sure, some are bad seeds who will continue to do that which landed them in here.  Many, however, should conjure up thoughts in your mind of “there but for the grace of God go I.”  Funny, I used to pooh pooh that expression.  After all, I was “never” one check away from poverty, divorce, prison.  Don’t think God has a sense of humor?  Take one look at me.  I’m a walking comedy routine; I am a platypus.  More about that later.  No, as I wander through this institution I see almost daily how so much of DOC is staffed – in senior positions – by men and women who cause more problems than contribute to solutions.  And, a very real part of the high recidivism rate can be set on their table.  You treat people disrespectfully, you lie to them, you try bizarre social engineering, and you wonder why there isn’t a corrections epiphany.  As “Pogo” said, “we have met the enemy and he is us.”
A week ago our assistant warden announced a change in meal schedules.  For ten years “common fare” participants (i.e. religious diets) have eaten first.  As I’ve documented over the life of this blog, the battle over religious rights – including religious meals – has been fought for years behind the walls.  Numerous Federal court opinions have held that an inmate in prison retains his/her right to practice their faith and if that faith requires certain dietary rules to be observed (i.e. Kosher for Jewish inmates) then those diets must be reasonably accommodated.
Virginia DOC for years fought giving special diet trays.  By fits and starts, DOC relented in the face of dozens of First Amendment suits (how ironic, all the “law and order” types seek to fight application of Constitutional rights to prisoners where the Constitution is the “ultimate” law of the land) and “common fare” was instituted.  Rather than looking at each inmate’s religious practice on a case by case basis (Federal Courts have approved an objective test:  does the inmate present a faith based petition for special diet?), Virginia set up a one size fits all approach.  Attend any approved church/religious service twice a month for six months, then you are eligible for common fare.

Hundreds of guys signed up after joining Messianic Jewish services, Jehovah Witnesses, Rastafarians, Nation of Islam, or traditional Christian or Muslim services.  And that’s where the rub hits.  It costs DOC approximately $1.75 per day to feed the average inmate.  It costs over three time that much to feed common fare.  In an age where state budgets are stretched and still Virginia politicians won’t admit the obvious truth – there are too many people incarcerated for too long – common fare trays cost too much to provide.
Enter the Assistant Warden.  He announces common fare participants will eat last at breakfast and dinner and go at 11:00 am for lunch (before count).  His rationale, told to officers and teachers “I just want to shake things up and see what comes out”.  He wants guys to quit common fare and the effects his “shake up” have on programs are irrelevant if he gets his desired result.

What effects?  Glad you asked.  Factory workers cannot go to the shop to make chairs that are sold at above value prices to state agencies to help pay for DOC (the costs of which are borne by the taxpayers) until after chow call. That’s an hour and a half later than usual, a tremendous loss of productivity (not to mention pay for the guys).
Then there’s school.  Because of the early lunch call, common fare participants in 2nd period (and aides) leave thirty minutes early.  That’s 2 ½ hours lost each week out of 7 ½ hours of school time per student.  How odd, I thought.  Education is the number one way to break the cycle of recidivism and this administration has taken 1/3 of an inmate’s weekly school time and flushed it.

The same happens at 5th period school (4:30 to 7:30).  Common fare participants cannot go to school until after chow (5:30).  5th period classes meet twice a week, so two out of six hours are lost.
Did the Assistant Warden think this out?  I like to think he’s just foolish.  However, my experience in here has taught me guys like the Assistant Warden are dangerous.  Power goes to their heads.  They see the prison as their private fiefdom or lab and they make rash decisions without consulting the people on the front lines, like the teachers.  The fact that their decisions run contrary to the Governor’s re-entry speak apparently doesn’t matter.

Then there’s prison mail.  DOC has a host of rules governing inmate mail.  Letters must weigh less than one ounce; there can be no “contraband” (an ambiguous word, contraband is defined as anything not approved for an inmate).  An especially touchy subject involves photos.  “No nude, semi-nude, lingerie photos allowed.”  So your 80 year old grandparents send you a picture taken of them walking on the beach in bathing suits?  Disallowed.  Yet, inmates can order 5 X 7 photo cards of totally nude women from “pen pal” catalogs.
I don’t disagree with all of DOC’s mail rules.  They’re an inconvenience but heck, we’re in prison.  The problem is the individual decision making is left to the discretion of each prison’s operations officer.  And that is the rub.

The other day Craig was denied a letter (when mail is rejected we receive a form letter notifying us of the “ground” for rejection) based on “lingerie photos”.  Craig’s girlfriend was going to a concert and had a friend snap a photo of her in jeans, cowboy boots, and a red silk top.  Not only was the photo rejected, but a large “X” was written through it and the letter and photo then torn and returned to her.  On the outside of the envelope a DOC ink stamp noted “letter returned…nude photos”.
Craig’s girlfriend was furious.  She called here and spoke to the operations officer who told her the photo was disallowed because “silk blouses are lingerie”.  Want to hear something funny?  The operations officer – a mid-forties African American woman – wears silk blouses almost every day.  The issue hasn’t been dropped.  Craig’s girlfriend contacted an attorney and called the Director’s office.

The problem is each prison interprets this rule.  Subjective decision-making is never good, especially when the subjective basis set out is illogical.  As the same time this battle was playing out the Washington Post was reporting on DOC’s “televisit” set-up in Alexandria allowing Northern Virginia families to visit, via video connection, with their family members in the far Southwest (eight to ten hours from Alexandria).  “A sense of family is critical to an inmate’s successful reintegration into society” a researcher was quoted as saying.
So, why does DOC allow its prison to interfere with communications from family and friends in such arbitrary ways?  Why, if we know that connection to the real world leads to successful reintegration, does DOC tolerate such behavior in their prison administrators?

Again, I fear the answer isn’t ignorance, it’s darker.  Fewer inmates require fewer prisons.  Fewer prisons mean fewer guards, fewer operations directors, fewer wardens.  Prison operations are a $70 billion industry and all that money is from public funds.  I’m not a conspiracy proponent, but when National Review writers such as Jonah Goldberg, in a recent column about California’s corrupt and dysfunctional (and unconstitutional) prison system say the following:  “in a state where more than two-thirds of crime is attributable to recidivism [CA DOC’s officers union) has spent millions of dollars lobbying against rehabilitation programs, favoring instead policies that will grow the inmate population and the ranks of prison guards…”  Kind of makes me think my conspiracy thoughts aren’t too farfetched.
“There but for the grace of God go I.”  I opened this blog using that expression.  Funny thing about grace.  It usually shows up in the most difficult of circumstances.  As I sit here and watch the immovable object – “tough on crime” – come face to face with the economic realities of 9% unemployment, European market melt downs, a political season filled with hollow promises, I realize God has me exactly where I need to be.  Things are becoming clear to me about this states, this nations, failed criminal justice system.  God’s grace, you see, even finds its way into the prisons.

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