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Sunday, November 29, 2015

COMMENTS POLICY


Comments Policy


Bars-N-Stripes is not responsible for any comments made by contributors in the Comments pages. However Bars-N-Stripes will exercise its right to moderate and edit comments which are deemed to be offensive or unsuited to the subject matter of this site.


Comments deemed to be spam or questionable spam will be deleted. Including a link to relevant content is permitted, but comments should be relevant to the post topic.


Comments including profanity will be deleted.


Comments containing language or concepts that could be deemed offensive will be deleted.


The owner of this blog reserves the right to edit or delete any comments submitted to this blog without notice. This comment policy is subject to change at any time.

Monday, November 2, 2015

20th Anniversary: And This We Celebrate?



It was the Beatles who gave us the line, "it was 20 years ago today, Sergeant Pepper taught the band to play...." That was an anniversary worth remembering. Here at LCC, next Friday will mark 20 years since this facility was opened and the administration is going all out to celebrate. How odd, they want to celebrate a place where 1 out of 3 offenders ends up cycling back in to the system within the first 12 months of release; they want to celebrate a facility that costs Virginia taxpayers over $27 million each year to house, clothe, feed, and not much else; approximately 1000 offenders, most of which have been through the system at least once before. They want to celebrate their successes, except there are no matrix to measure success.


You know how things run around here--the worst building on the compound is the "re-entry" building. The guys are off the chain and the staff will tell you they have little control over how things run. The state spends over $100k on an "evidence Based" manager of reentry who is regularly cussed out by the residents of his re-entry pod because he isn't a straight shooter. The re-entry programs--which the state spent millions on to a private contractor--are long on touchy-feely “clap for the word of the day" and short on actual drug and alcohol programs and work skills necessary to succeed.


Participants in re-entry can miss school; their re-entry programs are "that important" to the offender's overall "success." Really? Every study done suggests offenders (at least 50% of whom lack even a high school diploma) need more education, more training in real skills for living outside of ere.


But that doesn't matter. See DOC operates as an independent body; there is little government oversight over control. No one, it seems, is looking at the massive expenditures in money and manpower wasted throughout the system. And before you say, "these guys deserve it," LCC is not a high security facility. Most of Virginia's prisons are level 1 and level 2 which means the vast majority of the men (and women at other spots) are within 5 years of release.
Where is the oversight? Where is the independent audit and control? Where is the real effort at "corrections"? It certainly isn't here.


Know why all these prisons are around? Because Bill Clinton, facing public embarrassment and scorn sold his soul to the Gingrich controlled congress and signed the Prison Litigation Reform Act. In it, the Feds gave billions in block grants to the states to build more prisons. And the states did just that. Only it backfired because the fed money dried up, incarceration rates went through the roof and the system became even more bloated and corrupt. Both Bill Clinton and Newt Gingrich admit today they erred; both now are advocates of criminal justice overhaul.


Anniversary celebration? Celebrate this--entire generations of low income, low educated citizens are cycling through the system and nothing being done in here is either making you safer or correcting the problem. You want punishment, that's fine. But the ramifications of a corrupt system that overwhelmingly punishes
and fails to rehabilitate is anger, bitterness and the likelihood that once released you'll be back.


"Happy" anniversary--hardly. Those folks who live out here know the real score--no other businesses want to locate near the prison. And the staff? They've been busy taking employee surveys to understand why morale is so bad and attrition is so high. Instead of an anniversary celebration perhaps there should be a wake.

Tuesday, October 27, 2015

Lessons From Dennie

The former Speaker of the House of Representatives, Dennis Hastert, agreed the other day to plead guilty to federal charges stemming from his payment of over $3.5 million in "hush money" to a young man Hastert used to coach back in the 1960s. The charge involves him failing to file proper federal financial disclosures on payments he made WITH HIS OWN MONEY. Apparently, that is a crime; worse for Hastert, when asked about it, he lied to the feds...a big no no (just ask Bill Clinton and Martha Stewart). But what's really troubling about this case is that someone in the federal prosecutor's office "leaked the info" that Hastert was paying hush money to a former high school wrestler. Innuendo piled on innuendo and before you knew it, the word was out that Hastert was hiding a sex crime from his days as a high school coach.

Whether or not he did commit a sex crime (and the Illinois police have already said there cannot be any prosecution for it) the Hastert case raises troubling question about people leaking info and the resulting effect. And yes, the point of this is to the troller (anonymous) who apparently likes to hide behind his/her purported anonymity and write things about me that he/she proclaims are "facts."

Everyone's life has dark moments and failures/errors--including anonymous. And here’s something anonymous should remember: there is no such thing as anonymity in the world. Answers to blogs leave traces and I can figure out who reads and who doesn't. And I wonder, knowing that if "anonymous" would be so forward and confrontational knowing they are just one more blog post from their life's foibles being exposed.

See, people love to hide behind the curtain and say things as "fact." But here's a real fact: the truth always comes out and when you leave telltale signs (such as use of the expressions "POS" or logging on to the blog, you make yourself known).

Am I a thief--yes. Not proud of it, but that's what I did. Does my crime justify prison time? You bet. I told the sentencing judge that. But that doesn't mean the system isn't rigged, nor does it mean that what is going on inside DOC at a cost of $1.23 billion this year is smart or efficient for the taxpayers of this state. Nor does it answer the question, "is this how a moral and just society should act"?

Dennis Hastert may have broken some obscure federal finance law (a law we all should be concerned about) but does that mean his entire life should be played out in front of the world?

During Jesus' ministry on earth there was only one group he ever condemned, one group he ever challenged--it was the Pharisees, those self-important, legalistic purveyors of "truth" who couldn't see their own failings yet were quick to pass judgment and condemn all those around them.

So anonymous, keep reading--you increase my readership and my exposure; but be ready to see your own life flashed across the small screen. I wonder how reading your worst moments will feel? Me... I know what I am and who I am and where I've come from. Now who's the POS?


Cheaters and Nincompoops

They promoted the "chief of security" to assistant warden the other day; it figures. This guy has been here less than two years and the compound is more poorly run than ever. There has been a massive turnover of long-term staff; may new officers stay just a few months and then leave; drug use is rampant; the attitude of the general offender population worse than ever; so why not promote this guy? It makes sense if you see how money...and lives...are mismanaged in here.

Of course, why wouldn't you promote a guy like this to assistant warden when the general inmate population is how it is? Just a week ago there was a small "cheating scandal" in one college class. Two guys way too close to each other (isn't funny when a 30 something sex offender finds his soul mate in a 19 year old sex offender?) decided to cut corners on a take home math test. Like so many other scams run in here, however, these two Einstein’s wrote down the exact same wrong answers (the only two in the class to miss those questions!) and turned their papers in "together." Yeah, being arrested and convicted and sent to prison doesn't say much about your intellect--I know it first hand.

The compound is awash in "rats"--guys who will sell out anyone for a kind word from the investigators even though that won't do anything for their sentence; there are degenerate gamblers who spend what little they have every week chasing one of a dozen parlay tickets only to lose and then--with huge debts owed to usurious "scoreboxes" --"check in" (they go to the hole and then get moved to either the other side of the compound or to another level 2 facility); you get drug users crying all day about their pills - the med unit won't give them heavy enough psychotropic drugs (and why do they give out so many pharmacologic scripts to a population overwhelmed with drug use and abuse? why indeed!).

Re-entry is a failure. You can't convince guys to "live clean" when they have no education, no job skills, no hope. So instead they create some silly "word of the day" classes with names like "thinking for a change" and "ready to work" even though their entire time locked up has been just the opposite. And the people who run all that, they get more responsibility even as they waste more money and get the same--or worse--outcomes.

So am I surprised our illustrious "big hat" the chief of security with no significant higher education got promoted--no. It happens all the time.

In here life truly is lived "through the looking glass." The more incompetent you are, the more disrespectful you are as a CO, the quicker you'll move ahead. And the offenders... they keep getting dumber and younger; and the cycle goes on.


Will it ever change? Maybe. It’s beginning to in other places in the country. The states and the Federal government are starting to see that costs outweigh the results...and that is the only sensible thing in all of this.

Tuesday, September 15, 2015

All These Questions

I have all these questions that keep popping up every time I hear some politician comment on the need for "get tough" policies that keep folks incarcerated for long stretches.

Here I go:
  1. What’s the real cost for locking someone up? Yeah, I know you claim it costs $27,000+ a year to keep someone behind bars; but that person also isn't working and paying taxes; and, if that person has kids, chances are that child is living under the poverty level and getting government aid; even worse, that child's likelihood of ending up in here dramatically increases. So, what is the real cost to society?

  2. You talk a lot about Virginia's low recidivism rate, yet every independent study conducted on state recidivism rates always notes that Virginia's approach to collection is different from the rest of the countries. And, as low as it is, it hasn't changed a bit since parole was abolished back in 1994. It's still a little below 30%. The difference is, back in '94 there were 9500 inmates; today there are about 40,000. And today, Virginia spends over $1.1 billion on corrections even though there isn't a whole lot of correcting going on. Programs for drug and alcohol treatment are a joke. Mental health treatment largely consists of high doses of antipsychotic meds. Safety? Go to a higher level and see the number of stabbings, rapes, assaults. Drugs are everywhere in the system; officers and staff are walked off every day for fraternizing with offenders. No one is held accountable--wardens and security chiefs keep their jobs; money gets flushed every day. There is no one who is held responsible. Rules--such as daily schedules and policies--are routinely ignored by the officers while offenders are nitpicked over silly housing policies which breeds further contempt and distrust. We always hear how low the recidivism rate is; yet most adult offenders started out in the Virginia juvenile system-- how effective is the Department of Corrections really?

  1. Why is it that DOC signed a consent order and settled a class action law suit brought by 5 women at Fluvanna over the poor medical care in the system, yet the same problems that existed there exist at every facility and still DOC fails to take control over the medical care? Hepatitis C positive inmates are daily denied access to treatment; injuries requiring surgery are put off; specialist’s orders are ignored by contract doctors who know that their private company's profit margin will only exist if treatment is denied. And still, DOC does not comply with the order of the Federal Court.

  2. How much does GTL, Keefe, and the other corrections- industrial corporations spend on lobbying Virginia politicians to keep their contracts in place and how much does Virginia receive as "commissions" under those contracts? How much does Virginia spend each year in legal fees and expenses when DOC loses cases for violations of inmate rights?

  3. Why do states--mostly under the control of Republicans--that have implemented prison reform with early release show better results in their DOC's than Virginia?
Yeah, I have a lot of questions I'd love to ask those in charge. Problem is, they don't want to discuss the issues, nor do they want to come out here and see what takes place behind bars. But hey, all I've got is time. So every fight, every OD, every wasted dollar, I write down. And one of these days, someone will listen. Prisons are needed; but the way things operate in Virginia does nothing to alleviate crime, nor prevent a person from coming back. And the sad fact is, most in here have neither the education, the job skills, or the hope to make it on the outside without changes. 

Good...Bye...


“In the clearing stands a boxer, 
And a fighter by his trade 
And he carries the reminders 
Of ev'rye glove that laid him down 

And cut him till he cried out
In his anger and his shame,
"I am leaving, I am leaving." 

But the fighter still remains”

Simon and Garfunkel's "The Boxer" reminds me of two dear friends who left this past week. Chuck and DC both have gone home to begin new lives, real lives, lives outside this cesspool with family and friends who love them and respect them and understand they are not the total of their "update sheets."

DC--like an older brother to me; 43 years--imagine that number, 43 years, locked up. He was ruthless and cruel and ignorant and now...now he is a man with dreams and ambitions and knowledge. He never shirked responsibility for his wrongs. That was one of things I loved about DC. He always told me he got what he deserved. I don't think so. I think he got more...so very much more than he deserved and he never complained. More importantly, he never gave up hope.

And Chuck? Chuck was just a decent guy; a military retiree who on one night made a terrible mistake. And it cost him. It cost him a marriage, and time with his three sons; and the birth of a grandchild; and his job; and his freedom; and his self-respect. And Chuck wore his guilt and his pain much like I do. But the beautiful thing about Chuck was, he never let it sour him. He cared about people; he helped people; and he found the inner strength through his faith to make a difference in a lot of younger men's lives in here.

Chuck and DC were my "go to" guys. On those days--more than I care to admit--that I felt the whole world crashing down around me, it was those two who would listen and then tell me to fight on, see the good, and never give up.

Prison is not a place for relationships and yet I love these two men like a brother loves his brothers. They were real in a place where almost everything else was phony. And I miss them both dearly, but know they are doing great.

Don't misunderstand me--I hate this place; I hate what it stands for; I hate the waste of money, and lives; and I hate the lack of accountability and the lack of honesty from those in charge. Prisons are failures--nothing, I repeat nothing, good comes from doing time. But these two men, good men, men who would stand with you no matter what, they survived and thrived and overcame this place in spite of the system's failures.

The boxer--my friend DC was a boxer and I know from his stories he was hit and knocked down and left on the mat more than a few times; but he always got up. "The fighter still remains."

If there is a silver lining to all this, it is in the fact that even in an environment like this you can find humanity. And, even when it looks like someone is beyond repair--even when we think there is no hope a person will ever be "right" we never can tell what is in that person's heart.

So Chuck is watching his beloved Red Sox in Tampa, and DC is going to see his Skins, and I'm still here a much better man for having friends like them.

“I'm on your side. When times get rough 
And friends just can't be found, 

Like a bridge over troubled water
I will lay me down.
Like a bridge over troubled water
I will lay me down.”


Old Paul and Art knew what they were singing about. Live wonderful lives my two dear friends.


Postscript: I've been thinking a great deal this summer about the meaning of incarceration, faith and the failure this system has to actually rehabilitate the vast majority. See it every day; you will see it on the pages here for the next few months. Governor McAuliffe is looking at parole--he needs to know the truth about this place. And if he reads the upcoming blogs, he will. 

Sunday, September 13, 2015

Super Bowl … And Winter Inside


THIS BLOG WAS WRITTEN IN FEBRUARY, 2015.

 

            Past couple of weeks have been interesting in here. There’s been the security audit – a sham of a process where everything looks good for a few days; then the “system” goes back to normal and cluster rules the day again. There have been fights, dirty urines, new tattoos, more weed, more tobacco, no bagels on commissary, even after 22 day stretches. Days pass … but it’s like the movie “Groundhog Day;” you’ve seen it all before. The shifts change, the rules are rewritten, and then everything returns to how it was: poorly run.

            What breaks the monotony? Super Bowl for one thing. In my former life there was always a Super Bowl party. First, at our house with twenty or more friends and the table packed with food and drinks. Later years, there was Vegas – special invitation to high roller casino parties with more food and drink than is imaginable. Beautiful women everywhere. It was hedonism to the nth degree. Then came arrest, and lock up, and the Super Bowl didn’t matter until …

            I got here. Sports matter inside; and, the Super Bowl is celebrated in here just like on “the street.” It is an event that allows you to feel part of everybody else. You’re doing the same thing everyone else is.

            Food is everywhere: Pizzas, dips, nachos, wraps, cheesecakes, banana puddings, snack mix; it’s all here and it’s all made “fresh” (as fresh as prepackaged foods can be when mixed with Ramen and Rice and block cheese). Hours upon hours guys line up for access to the microwaves. Meatballs, pepperoni, bacon, ham, roast beef – the smells fill the air. Popcorn, cheese doodles, Fritos, Doritos – chips are unbagged and placed on newspaper. Kick off and tickets: bets for a dozen lines with quarter boards (1 soup equals 1 pick) flood the room. It’s loud and exciting and as close to “not here” as you can get. And as the game progresses into the 4th quarter every eye is on the field. Nothing can break the feeling except “Count Time. TVs off.” It’s 9:30 count and for five minutes the building is silent and we remember, we are still inside … Football and the Super Bowl, they remind you of what is beyond here.

            Then, winter hits. First the arctic blast – it’s 0° and no rec is called. The snow starts and by Tuesday we have over six inches. No school. Stuck in the building, you read, watch TV; some play cards or bones (dominoes). You watch the news and again you’re reminded the world outside, real life, is so much like yours in here. They can’t keep the weather out. They try and take away your dignity, truth, self-respect, freedom. But those things, like the weather, find their way in here.

            The playwright Eugene O’Neil, remarked that “Man is born broken. He lives by mending. The grace of God is glue.”

            As I walk out the door and head down the boulevard to chow I think instead that the grace of God is snow. It is cold - 5° with the wind chill – and it is pristine and it is quiet; and it pierces the despair that is life behind bars. Winter, contrary to so many poets’ words, really is a fresh season, a new beginning. Keep your spring; I’ll take Super Bowl and snow and running shirtless with my breath hanging in the air. Prison has no answer for winter.

 

Dust in the Ray



THIS BLOG WAS WRITTEN IN FEBRUARY, 2015.

            I read an interesting short story the other day. It centered around a guy thinking his life was being led the “right way.” He was honorable, he was a good citizen, he was lawful. And, as such he could pass judgement on all the wrong he saw. There he was one morning, ready to take on the world when he saw it. There in the kitchen a ray of morning sunlight shone through the window. In the ray he saw thousands of particles of dust, usually invisible to his eye – in a room he knew was spotless, just like his life – and yet there it was in that ray clear for all to see. He realized in that ray his life was exposed. The ray was pure; it was God’s light. And the dust was all his arrogance and pride and judgment – he really was no better than those he’d held in judgment.

            I read that story and smiled. I got the metaphor of the ray. How odd I would “get it” in here during a week when my mind was bombarded by commentary and talking heads telling me who “loved” this country; who was law-abiding, who spoke for God. I thought all about it as I did another week inside, paying “my debt” to society for breaking the law.

            So the former mayor of New York says the President isn’t “like us.” He doesn’t love “America the way we do.” What spurred those comments? The President stated that what is happening in the Middle East is no more representative of Islam that the Klan is of Christianity. And you know, he’s right. No “religion” has morality cornered. History is replete with people doing horrible, awful things in the name of God. How often, in our visceral reaction to the beheading of a journalist or the burning alive of a Jordanian pilot, that we immediately utter how barbaric “those people” are. Yet, we forget that it wasn’t that many years ago when an angry white crowd in St. Louis threw a small black baby into a burning home; it wasn’t that many years ago when the churches in Alabama and Mississippi shielded killers – Klansmen who lynched and tortured simply because of one’s color. Do we remember how the churches in Germany were co-opted by a murderous tyrant? The ray of sunlight exposes the dirt.

            There is a tension at work between faith and devout citizenship. Too often, we think being faithful means supporting. The status quo. Dr. Martin Luther King, Jr. wrote:

            “The church is not the master or servant of the state, but rather the conscience of the state. It must be the guide and critic of the state, and never its tool.”

            Put another way, civil life doesn’t necessarily equate with spiritual wellbeing. Or, as C.S. Lewis remarked, “Almost all crimes of Christian History have come about when religion is confused with politics.”

            You cannot read the New Testament, those magnificent parables in the four Gospels, and come away with a self-righteous attitude that we are good and they are bad. We care called to live in tension with society. Coziness with the state – any state – and the church may be good for the state but it is bad for the church.

            Throughout his entire adult life Jesus’ ministry was to the outcast, the downtrodden, the sick scum on the fringe. His anger, so seldom vented, was directed to who? The Pharisees – those who lived by legalistic interpretation. Jesus understood that proof of spiritual maturity is not how “pure” you live, but how aware you are of the impurity in your own life. We aren’t “pure;” we are covered in the dust. As Phillip Yancey says, “what trivial matters we obsess over, and what weighty matters of the law – justice, mercy, faithfulness – might we be missing?”

            This isn’t about Rudy Giuliani – though I wonder why when he talks about his “love” for the country he neglects to point out how over and over he sought and received military deferments to avoid service during Vietnam, how his “moral compass” didn’t preclude adultery. “You can know the law by heart without knowing the heart of it.”

            I lived a life of a legalist. I saw the world in black and white, right and wrong. Trouble is, without being right with God – and by right I mean understanding what He really is about – you can’t begin to see the wrong in yourself. “Father forgive them. They knew not what they do.” Here He is, wrongly accused, convicted, tortured, and now death’s throws and He is not calling for retribution; He isn’t even calling for justice. He is calling for mercy.

            I think a good deal about mercy – for those who wrong us; for terrorists and for those of us doing time; mercy; because we realize while we may not be “them,” we aren’t that far removed from them. That was the point being made with the adulterous woman’s accusers: “If you are free of sin, then carry out the sentence.” And the crowd, they saw the dust and dirt and grime of their own lives in the light; and they were humbled and they left.

            “Don’t the Bible say we must love everybody?”

            “O the Bible! To be sure it says a great many things;

            But, then, nobody ever thinks of doing them.”

            That dialog came from Harriet Beecher Stowe’s pre-Civil War master piece; Uncle Tom’s Cabin. One hundred and fifty years later has anything changed?

            Every day in here I deal with broken, lost, sometimes violent men. And I ask myself in moments of silent meditation, “why” – why this? Nothing the state does or can do can clean the hearts of those of us in here. Our nation can drop tons of bombs but hearts will not change. The conclusion of the adulterous woman story is revealing. After the crowd leaves only she remains with Jesus. “Woman, where are all your accusers?” “They have left.” He looks in the face of an obviously remorseful woman, a woman who has seen “the dust” of her life in the ray. “Then neither will I condemn you.”

            Why am I writing about dust? I guess because my faith journey has led me to realize Atticus Finch was right. We have to try and walk around in the other guy’s skin; we have to show empathy, mercy, kindness especially so to those who wouldn’t show it to us. For far too long I lived in the shadows of cleanliness. The light exposed the dust. Those of us who profess faith would do well to remember that when any representative of the state tries to tell us what is right.

 

Education, Not Incarceration



THIS BLOG WAS WRITTEN IN FEBRUARY, 2015.

 

            “Every dollar spent on prison education saves five dollars in corrections expenditures.” That was the conclusion drawn in a 2014 released meta-analysis study conducted by the Rand Corporation. Sentencing a person to prison does more to undermine one’s employability than any other factor. Is it any wonder 65% of released offenders re-offend within 3 years. Inmates are twice as likely to lack a high school education as the general population.

            In the words of Vivian D. Nixon, Executive director of College and Community fellowship in New York,

            “Every felony conviction … quite literally results in a life sentence.”

            Education – and only education breaks the cycle of repeat offenses. Earn a bachelor’s degree in prison and the recidivism rate drops to 5.6%. Earn a master’s and the rate is less than 1%. No less a conservative spokesman than former U.S. House Speaker Newt Gingrich said the following:

            “Prisoners should be provided free education in order to reduce crime and recidivism.”

            And yet education – particularly higher-educated – is the red-headed stepchild of the prison system. At this facility every man in our college program pays his own way – tuition – the same rate charged to students on the street. No other inmates in Virginia pay for the “privilege” of improving their chances for success on the street. Not even one state dollar is invested in the college program here, yet millions annually go into “re-entry” programs with no provable record of success. The commonwealth spent millions on a “software” package – “Compass,” a 120 plus question/survey to determine an offenders risk of re-offending. Meanwhile a nationally recognized program for offenders our “Campus within Walls” program is treated with both benign neglect and outright contempt by those in charge here.

            The “dedicated housing unit,” a dorm specifically mandated for use by college participants, is the fullest building on the compound. While bed space sits empty in every other building here, those in charge continue to use beds in this building as a dumping zone. Recent surveys of our students indicated the noise and distractions from the non-college residents are the single greatest impediment to success in class.

            Makes you wonder, or maybe it doesn’t. Education, a college education, is the ticket out. What does that tell you about the goals of those in charge?

            It is time for the Department of Corrections to get behind the one program that will reduce recidivism and that will give these men a fighting chance of success after release.

 

DOC Loses, Again and Again


THIS BLOG WAS WRITTEN IN FEBRUARY, 2015.

 

            Betting against DOC in court is becoming a no-brainer. The folks in Richmond keep defending – and losing inmate suits. The cost is borne by the taxpayers.

            So, an inmate in Virginia’s maximum security facility, Red Onion, asks to participate in the Muslim fasting period of Ramadan. Officers go into his cell and search, looking for “physical items in his possession to prove his faith.” The inmate has a Koran and a prayer rug, but nothing else. DOC denies the inmate's participation in the fasting period. He filed suit.

            Ruling against the prison, the U.S. Fourth Circuit Court of Appeals found that DOC policy was unconstitutional.

            “The First Amendment demands a more reasoned approach, even within the difficult confines of a prison environment.” The court found that indicators of an inmate’s sincere religious beliefs go beyond physical possession of religious items. The court then awarded the inmate $3.795 (his filing and copying costs to bring this prose suit).

            Like the inmate medical care suit (inmates at the Fluvanna Women’s prison), this suit should cause DOC to change policy at every institution. But it doesn’t. Inmates continue to file grievances over bad medical care and denial of their rights to practice their religion. The grievances are filed, suits go forward, and taxpayers pay. No one in the administration is called to answer for it. Sounds crazy doesn’t it?

            Here’s a word you don’t hear too often involving Virginia’s Department of Corrections: Accountability. It’s time DOC is held to the same standard those of us doing time are held to. DOC needs to be accountable.

 

Corrections Incompetence



THIS BLOG WAS WRITTEN IN FEBRUARY, 2015.

 

            It’s hard to believe how poorly things run inside a prison. Perhaps no state agency is more mismanaged, more inept, more incompetent than the DOC. Every day brings more fuel for the fire showing the colossal failure that is this place. Maybe that’s a good thing. If they really knew what they were doing, our lives in here would be worse.

            Take last week for example. The compound was on edge awaiting the arrival of the “security audit” team. What, you may ask, is a “security audit team”? It’s a group of 5 or 6 wardens, associate wardens, and security chiefs from other facilities in the DOC system, hardly an independent eye. Worse, the facility knows they are coming so people begin running around like crazy trying to run things the way they think the audit team wants them. The rub is, things aren’t done that way in here. Tension gets higher. Try going to work or medical: “Can’t let you out. You aren’t on the pass list.” Who puts the pass list together? You guessed it: security. And the pass list is a twenty plus page print-out with no rhyme or reason to it. It isn’t sorted by alphabet, state number, or building. Crazy right? Well, that’s DOC.

            The audit team arrives and suddenly there are officers everywhere. What the audit team doesn’t know is they called in COs from the other day shift to show a full complement of staff. Watching from the Program Building (i.e. the school) I see 5 auditors being escorted by 26 COs and “big hats” (rank’d officers – lieutenants, captains, and – of course – the major!). As one disgusted CO told me, “That’s more officers than we have in the buildings on night shift.” Make it look like they have sufficient staff at work – make it look good – forget reality.

            How about access to the facility? Here’s a story. A college professor who has been teaching here for 5 years tries to come in to teach. The metal detector is cranked up. It goes off when it hits her brass buttons. “We will have to strip search you,” the officer tells her – say what? Cooler heads prevail until …

            Weekend visitation: My 80 year old mother has had knee replacement surgery – she’s bionic (has a titanium knee). For almost 6 years she has visited me every month and never had a problem. She and my father travel extensively, in and out of airports all over the world. The TSA lets her pass right on through but here, at a level 2 re-entry facility…

            “Maam, if you don’t send the warden your medical records you won’t be allowed back in.” She was lucky. They still let her in. For many after her on Saturday, they were denied access.

            Who is responsible for this fiasco? The major – he’s (allegedly) in charge of security. But, what passes for security in here does absolutely nothing to make this place more secure, more safe, better run. It is all “sizzle” with no meat. Being a “hard ass,” saying you’re going to run a facility “tight” doesn’t make the facility run well. There are poor management skills and practices in place here. Money and manpower is wasted. Rules have no penological basis nor do they (1) make the place safer or (2) support the alleged mission of DOC (a large part of which is to prepare offenders for successful return to society).

            The process is heavy on paper, with staff who lack basic education skills (try reading most of the memos put out) trying to keep the system chugging along. Rules have nothing to do with safety and security (think “2 books only” on your locker). There are multiple layers of supervision and control yet no one will make a decision without the warden or major approving it first. In other words, nothing gets done because no one has the power.

            The security audit concluded, visitation screwed up, things go back to how they were. That’s life in here, about $25 million spent each year to keep this facility wheezing along. Safety? Security? That has nothing to do with how this place is run. Neither does efficiency. Maybe, just maybe, it’s time for a real audit of Virginia’s prison system to be conducted. Maybe, just maybe, it’s time to hold majors, wardens, and directors responsible for what really goes on in here. Maybe, just maybe it’s time to stop corrections incompetence.

 

 

Grievance Process – or lack thereof

THIS BLOG WAS WRITTEN IN FEBRUARY, 2015.




            During the mid 1990’s President Bill Clinton, embroiled in his own sordid sexcapades that become known as the “Lewinsky scandal” signed into law the Prison Litigation Reform Act. The PLRA was an attempt by the majority House Republicans to reign in what they perceived as activist judges from coddling inmates and their complaints. Before enactment of the PLRA an aggrieved inmate could file for habeas relief (habeas corpus protection goes all the way back to the English common law and ensures that “the state” cannot arbitrarily hold a person in confinement without “due process of law” which in effect means an accused is entitled to be treated “fairly”).


            If an inmate’s rights were being violated, the inmate could hand write a petition to the Federal court and spell out the constitutional abridgement. Cases involving beatings by officers, torture, lengthy terms “in the hole” all routinely found their way to Federal Court. Each year tens of thousands of these petitions were filed in U.S. District Courts. And, there were frivolous cases filed. Inmates, with nothing but time on their hands, would file suit because bread wasn’t soft enough, or conjugal visits were not permitted.


            The PLRA was enacted to curb those alleged excesses (more significantly, the act also attempted to deprive death row inmates of appellate rights to review their capitol convictions). Under the PLRA, state were permitted to set up “administrative processes.” Inmates were required to comply with those processes before being able to file suit. Every state and the Federal Bureau of Prisons did such. And, an inmate’s ability to challenge unfair prison treatment immediately began to wither.


            Due process in prison is just a couple of words. The grievance process in effect at this facility is neither fair, nor objective. It fails the “smell” test.


            The facility has a grievance “ombudsman,” a person responsible for handling and investigating inmate complaints. The term “ombudsman” has a specific meaning. It means “a public official appointed to investigate citizen complaints.” By its very definition it implies objectivity and fairness. Nothing can be further from the truth with this facility’s grievance ombudsman.


            Most egregious of the defects is the fact that the staff person in charge of grievances isn’t objective. Her comments about grievances filed by inmates reflects her belief that inmates “don’t know as much” as she does. Case in point – I recently filed a grievance detailing an improper withholding of pay. I specifically “grieved” the housing/program director who attempted to (1) issue a backdated memo about “pay during lockdowns and holidays” and (2) prohibited the education unit from paying for tutoring work in the buildings during those periods while he continued to give full pay to his own workers.


            The grievance ombudsman sent my grievances go to my work supervisor (who wanted to pay me) because “inmates don’t dictate where grievances go, I do.” Here’s the funny thing. Without sounding too arrogant, I have more education, more legal knowledge, and more administrative experience than the facility Ombudsman. Contrary to her view, I know exactly who is responsible for my pay shortage and who created the policy. If the ombudsman was interested in the merits of the complaint, she would have read it and forwarded it to the housing/programs manager and asked (1) why did you “backdate” your policy and (2) why are education workers arbitrarily being denied pay when your workers aren’t? But she didn’t do that because what matters is that the facility wins.


            Daily I am confronted by fellow inmates who just don’t give a damn. The system is rigged, they will tell you. There is no such thing as justice in here. Officers write petty, bullshit charges, rules are arbitrarily enforced, legitimate grievances ignored. “You can’t fight them Larry; you can’t win. They’re in charge.” And I shake my head and try not to agree even though all I see every day is the sham process of discipline and grievances.


            I think of Atticus Finch and his impassioned defense of black share cropper Tom Robinson before an all-white Alabama jury in “To Kill A Mockingbird,”


            “We know all men are not created equal in the sense some people would have us believe. Some people are smarter than others, some people have more opportunity because they’re born with it … But there is one way in this country in which all men are created equal – there is one human institution that makes a pauper equal to a Rockefeller, the stupid man equal to an Einstein … that institution, gentlemen, is the law…”


            Perhaps it’s time for those in charge to remember those profound words. Even the incarcerated deserve fairness.


 

Lyin Brian: Life Imitates Prison


THIS BLOG WAS WRITTEN IN FEBRUARY, 2015.

 

            A story about my first year here. I thought if I put my legal education and experience to good use I could somehow improve life for most inmates. For months I wrestled with the schizophrenia that is life behind bars: Don’t judge the person – no matter what they did, don’t trust the person, don’t question anyone’s truthfulness. I had a few simple rules for helping guys. First, don’t lie to me. I needed to know, no matter what, exactly what transpired. Second, don’t offer to pay me. There was no quid pro quo. I wasn’t going to be some stereotypical “jailhouse” lawyer who promised guys he’d get them out for a small fee. Like the Eagles “Hotel California,” you can check into prison “anytime you like, but you can never leave.”

            I wanted to believe the system was corrupt (which it is) and that corruption was keeping behind bars thousands of innocent men (which it wasn’t). It took a long time for me to figure out there is a difference between “innocent” and “decent.” Prison takes apart the lives of thousands of decent men (and women) who did illegal – and in some cases horrific – things.

            So, I would read dozens of trial transcripts each week. More often than not, I would find that the inmate (1) was as guilty as guilty could be; and (2) had lied to me about the facts. I also learned that there was no rhyme or reason to sentences. Repeat offenders – those coming back to the system – were typically given a few years (I often heard those men were doing life in 3 year installments), while – depending on the jurisdiction you were in – the years for nonviolent offenses exceeded those handed out for child porn, child sex abuse, even second degree murder; and (3) worst of all, most of my “clients” weren’t remorseful. They were bitter, scheming, “career” lawbreakers who were looking for “an edge,” a way to go toe to toe with a rigged justice system.

            I would tell guys “no” all the time: no, you have no “loophole” to your conviction; no, you aren’t innocent and you weren’t railroaded. As you can imagine, that pissed people off. I didn’t care. The truth, I decided, mattered. I kept coming back to a letter exchange my then wife and I had while I was at the jail in ’08. She wrote and told me she hated me; “there is no more ‘us’,” she said. “You are a liar and a thief.” I wrote her back, told her I loved her and used the line George Clooney spoke to Julia Roberts in “Ocean’s Eleven” (a movie I watch every time it comes on because of their interaction), “I only lied about stealing.” Trouble is, you can’t compartmentalize lying. Honesty, truth matters, not just in marriage but in life.

            This week NBC News anchor Brian Williams had “some esplainin’” to do. He “exaggerated” – i.e. falsified – his narrative of a trip in 2003 to see soldiers in Iraq. He went from journalist dining with soldiers to an active participant in a mid-air RPG hit on the chinook helicopter he was riding in. This wasn’t the first time Williams told the story. For the last few years he has told it, each time embellishing just a wee bit more until the narrative no longer resembled the truth. It reminded me of the toothless crackhead who stopped my run one day in 2010 to tell me “I had a Bentley and a Ferrari, counselor.” “Of course you did,” I replied looking at a man without an education from the worst housing project in Norfolk, a man who was on his fourth trip to DOC for drug use. My buddy DC told me that day, “Guys become whatever they want to be in here and they think no one knows the difference.”

            The truth matters in here … and outside. I find myself thinking a lot about that fundamental premise right now. There are those in DOC (incarcerated and those who work here) that have made it clear to me that they don’t like my writing about prison life. I recently saw a quote from Stephane Charbonnier, director of the French satirical magazine “Charlie Hebdo.” In 2012 he was interviewed and asked if he worried his publication’s attacks on “sacred” subjects could endanger him.

            “It may sound pompous but I’d rather die standing than live on my knees.”

            Charbonnier was one of those killed in the Paris Massacre at the “Charlie Hebdo” offices on January 7th. The truth – honesty – matters.

            Truth: there is a need for prisons. There are some who are so anti-social that they need to be kept from society. However, for the vast majority of those behind bars, prison serves no rehabilitative purpose. You won’t leave prison a better man or woman because of your time behind bars but in spite of your time. Prison is dehumanizing. Prison does nothing to address the root causes of so much of the crime we see: poverty, lack of adequate educational opportunities, fractured families, recurrent cycles of violence. Worse, a significant number of those “on the front line” of corrections want offenders to fail for job security. Some are even hostile and contemptuous of those they oversee.

            Prisons “corrections” – need to be exposed to the truth. People need to see what really goes on in here and what incompetence and neglect their tax dollars are being frittered away on. This lack of honesty, of truthfulness isn’t just the Brian Williams story, or the story of a crackhead and his pretend Bentley, it’s the sum total of Virginia’s prison apparatus.