Raising Caine

As usual, what happens in prison in the name of “justice” turns out to be a caricature of everything wrong with calling this place a “corrections” center.  The people who run this place, the people in charge of the Department of Corrections, cut corners, use threats of investigation and going to “the hole” to intimidate, and daily break the very rules they put in place to comply with constitutionally dictated minimum standards of conduct.  It’s all done in the name of corrections. It’s all done in the name of justice.  And, it’s all done wrong.

On Wednesday, “Caine” – named for his dealership expertise in powdery substance – was led out of the building in handcuffs and taken to the hole.  He’s under investigation for “inciting a riot”.  Next to murder or sexual assault, no charge in prison is as serious as inciting a riot.  But, inciting a riot doesn’t mean mayhem.  No, in prison-speak inciting a riot means attempting to organize any collective action on the part of the inmate population.

Inmates are prohibited from organizing.  There can be no petitions for redress of grievances; no hunger strikes, sit downs, work stoppages, collective requests to the administration.  Anyone caught engaging in that behavior is subject to immediate “isolation confinement”, having your good time taken, and seeing your security level raised to “max”.  In short, you end up at Red Onion (Virginia’s notorious level 6 Max security prison). 

So what did Caine do to incite a riot?  In January, the Warden sent out a memorandum announcing that inmates were no longer permitted to own weight lifting gloves.  “All gloves must be shipped home through property or disciplinary charges will follow.”  So Caine did the right thing.  He filed a grievance.  In it, he noted that the Constitution does not allow property to be taken by the Government “without due process granted and just compensation paid” (sounds like a lawyer wrote that doesn’t it?).  Caine pointed out that DOC’s own regulations require it to compensate an inmate when property legitimately purchased is later ruled contraband.

Thirty days after every inmate mailed their gloves home without compensation, the Warden found in Caine’s favor.  He was reimbursed.

Caine realized no one else had been paid.  So, he had a contact make dozens of copies of the grievance decision with his name blacked out.  And, he gave copies to guys in every building.  And just like that inmates around the compound began to request reimbursement.

“Where’d you get the copies?” they asked him as they were going through his stuff and hauling him away.  Making copies, you see, is also prohibited.  Information is power.  Information exposes the reality of this disgustingly pathetic, failed system.

Later that afternoon, I was assisting our computer class when the investigators came through.  They went back to the school office and pulled Craig in.  “You making copies for people?”  Of course Craig wasn’t.  Neither he, nor I, would jeopardize what we’re doing at the school.  Still, the heat Craig felt was real.  Get guys to snitch, tie the school in, ruin the educational opportunities being related.  It happens all the time.  It’s a constant battle.  Ignorance drives most of the criminal behavior evidenced by the inmate population.  Ignorance is job security for the rank and file who work at DOC.

As I write this Caine sits in isolation.  He’ll be fine.  He’s done twelve years already.  He knows in a week or two he’ll be back in college classes.  He didn’t incite a riot.

The same day Todd received his “update sheet”.  Update sheets are the summary of our annual review.  They are based on a 100 point scale.  Hold a job?  20 points.  Have a vocational/treatment plan and meet the terms?  40 points .  Stay infraction free?  40 points.  Everything included in the annual review, including the setting and awarding of security level and good time earning level is controlled by a department operating procedure, DOP 830.3.  Prisons may not arbitrarily act for or against any prisoner; that is a fundamental tenet of the law.  Depriving a man (or woman) of their freedom does not give the government carte blanche to do anything they want.  DOC must follow due process and 830.3 sets out specifically what must be done.

But rules are regularly ignored and violated by the administration.  In Todd’s case, last March he received two charges:  one a 200 series charge for crossing a restricted line.  The second charge was for taking an onion from the chow hall.  This was always considered a series 200 contraband charge until two days before Todd was caught.  Then, it was elevated to a 100 series “stealing charge” (question:  how do you steal food off your tray?).

So Todd wore two charges.  And 830.3 specifically states that a 200 series charge leads to a 10 point deduction and a nonviolent 100 series charge leads to a 20 point deduction.  And 830.3 further states you must have 85 points (minimum) to earn full good time (4.5 days per month).  70 points to 85 and you earn 3 days per month.  Under 60, no earned good time.

So Todd works all year; he becomes a certified dog handler; he completes the IT program with honors and becomes A+ certified (a national IT certification); and, he gets admitted to a four-year Virginia university on his release.

But, his counselor and the administration change his good time level.  They don’t deduct 30 points based on his charges as DOP 830.3 requires.  No, they deduct 50 points.  Why?  The counselor told him, “we’re not gonna give you full credit for school because you pulled these charges.”  That’s not what 830.3 says.  Their response?  You’ll have to make Richmond tell us.”

Ironic isn’t it.  Governor McDonnell tells the press “inmates have civil rights” then his corrections department personnel act in illegal ways to “manage” the facilities.  Disrespect for their own rules breeds disrespect in the inmate population.  It’s time people outside demand better from those paid to enforce the law and guard the rights of citizens, even the incarcerated.  It’s time to “raise caine” for real justice, even in the prisons.