Prisoners' Action Coalition

2007-06-07T12:38:00.000-07:00

Friends,

To those of you behind the walls, I hope this newsletter gets to you in a timely fashion. Many of you did not receive the March issue as it was determined to be “a threat to institutional security” by DOC Security Czar, Dan Westfield. Those of you who were fortunate enough to get the newsletter were able to alert your families and supporters about the Al Graham confirmation hearing held by Senator Lena Taylor in Milwaukee.

Turn out at the hearing was tremendous; standing room only, with many wives, mothers, brothers, advocates and supporters giving testimony as to why this man should not spend another day in office. The people were finally given a forum to express their frustration, and it boiled over.

Senator Taylor peppered Mr. Graham with serious questions and hard observations. She referenced all the letters she’s received from families as evidence of the “new” direction the Parole Commission has taken since Mr. Graham took office. She questioned him on the numbers (percentages) of hearings vis a vis grants of parole which Mr. Graham claimed were consistent with past Commissions. Mr. Graham was unprepared with the actual numbers (which didn’t impress Senator Taylor) and his claim of consistency was rebuked by the senator. The numbers actually show a 33% reduction in grants - from 15% under Wells to 10% under Graham.

As it turns out, Senator Taylor gave Al Graham a three month defer. There was little to be done about the term just completed, which ended in March of this year, but she deferred judgment on the ‘07-’09 term for “a few months” to see what changes Mr. Graham might implement and if the community, prisoners and families are being served by the Commission.

We must express our gratitude to Senator Taylor for giving us this opportunity to be heard. We’ll express that gratitude with letters, phone calls and at the ballot box. She has shown tremendous courage in actually looking at the (in)justice system while most politicians only use crime to further their careers. This courage and integrity must be acknowledged and applauded.

That said, if we want that defer to become a rejection of Mr. Graham, we must keep the pressure on. We must continue to inform Senator Taylor and the other members of the Corrections Committee about the continued inaccessibility to Mr. Graham; about our frustration with the process; about the importance of bringing our men and women back home. This must be an ongoing process; Senator Taylor has given us her ear, let’s let her know what we think.

Representative Tamara Grigsby’s office is also involved in the parole process. She has made some suggestions to Mr. Graham that would dramatically change the way parole hearings are conducted. It is within the power of the Parole Chair to make these changes - if he so chooses. If he chooses not to implement these suggested changes, Representative

Grigsby is prepared to move forward with legislation that will mandate those changes. The legislative route would take a long time to implement while administrative rule changes can happen immediately. Please write to Representative Grigsby with your support and to Governor Doyle with your concerns.

As mentioned at the start of this page, the noose around our neck keeps getting tighter. There was absolutely nothing in the last newsletter that advocated anything other that following the rules and procedures for seeking change. Czar Westfield explained that some of the things written were inaccurate and inflammatory. Constitutional rights of free speech are easy to disregard in a nation where the Attorney General calls the Geneva Convention regarding torture as passé. Czar Westfield’s actions are equivalent in the arrogance of power they display.

Speaking of fascism, Warden Pollard assumed dictatorial powers and declared Marshal Law at GBCI in February and is slowly easing the lockdown. He went to the local press with tales of threats and danger to staff. It’s all a fabrication. When a fascistic organization like the military, police, or prison needs to enhance its funding, they rely on the propaganda of fear. The “war on terror” and the “war on drugs” are different manifestations of the same dynamic.

What happened at GBCI is that a group petition was being circulated citing complaints about the conditions of confinement and giving suggestions for relief. This is what triggered the oppressive lockdown. This is what sent 11 guys to WSPF and others to the hole. This is what fascistic institutions do when confronted with the truth; whether it’s a newsletter or a group complaint, the reaction is to shut it down. They are incapable of addressing the underlying truth, they are reactionary.

The fascist functionaries may be able to suppress our voice behind the walls but this newsletter is read by the public, by the press, and by legislators. Much of what is said in this newsletter is not news to prisoners. What we hope to do for prisoners is assemble information and project these disparate bits of info into the BIG PICTURE. Many of you feel individually persecuted but the truth is that persecution and abuse are systemic and only by addressing the SYSTEM, will we end your individual abuse.

Every individual act of resistance adds to the overall pressure we apply to the system. When we go to the courts, we drain the system, when we refuse to work, we drain the system, when we enter hunger strikes, we drain the system, when we produce information exposing the fascists, we drain the system.

Resistance is what PAC is about. Resistance is what you should be about. We must stand together in our resistance. Resistance to dehumanizing, degrading, debasing, infantalizing and abusive treatment. What are we, as humans, if we won’t even stand up for our own dignity?

In resistance, PAC

A DAY OF CRITICAL RESISTANCE IN MILWAUKEE
DR. RUTH WILSON GILMORE VISITS

The Milwaukee community was fortunate to host a lively pair of panel discussions on April 14th addressing the themes of “Holocausts and Healing: Race, Globalization and the Prison Industry.” Ruth Wilson Gilmore gave the keynote speeches at both events. Dr. Wilson is an associate professor of geography at the University of Southern California and recently wrote the book, Golden Gulag: Prisons, Surplus, Crisis and Opposition in Globalizing California. She is also a founding member of Critical Resistance, a national organization dedicated to struggling against the expanding prison industrial complex. The panels were mainly organized by Corry Joe Biddle, director of America's Black Holocaust Museum, and Jodi Melamed, assistant professor of English at Marquette University. One panel spoke at Marquette in the morning and the afternoon panel spoke at the Black Holocaust Museum. Adding their perspectives to the panels were local community educators, a professor from UW-Madison, grassroots activists and state and local officials. I report here on just the morning session at Marquette, mostly on Ruth Wilson’s presentation.

The morning at Marquette was intense, information-filled and mind-expanding, but it was extremely rushed. Ruth Wilson's plane had malfunctioned, and the organizers had to scramble to get her on a plane to Chicago. She then drove to Milwaukee. The session was scheduled to go from 11:00 a.m. to 12:30 p.m., and at 11:00 Dr. Wilson was still racing down I-94 from Chicago to Milwaukee. She arrived at about 11:40 and still somehow managed to put on an effective, intelligent and spirited presentation. Reggie Jackson, lead griot at America's Black Historical Society Museum, and Pam Oliver, chair of the sociology department at UW-Madison, both spoke well before Dr. Wilson arrived.

Dr. Wilson first showed us a California Department of Corrections map of prisons in California. The map shows 98 major prisons, and the “smaller” prisons, with prisoner populations of say, 500 instead of 2500, are not even included in that number (and not on the DOC’s map). Dr. Wilson pointed to the categories of “people, money and land” -- and the government's ability to organize these things into the biggest prison building project in the world.” Dr. Wilson also talked about prisons being made up of “surpluses”, and in particular, “surplus” people. She is from L.A., where, like Milwaukee, the numbers of manufacturing jobs (and the other kinds of jobs that accompany them) have decreased substantially. Reggie Jackson had statistics when he spoke: 120,000 manufacturing jobs in Milwaukee have decreased to 34,000. There is a gap of 88,294 between the numbers of jobless people and the number of available jobs. That is, there are 88,294 folks for whom jobs simply do not exist. The people squeezed out of those labor markets are “modestly educated men and women in the primes of their lives,” those who would be “making, moving, growing and caring for” things. (Dr. Wilson) These are the “surplus” lives that make up U.S. prisons.

Dr. Wilson spoke quickly of some of the history behind the phenomenon that all social problems in the U.S. are now conceived of as “crime” and the solution to all problems therefore imprisonment -- mass and growing. As Dr. Pam Oliver said when she spoke, before the civil rights movement and the urban riots of the early 1970s, politicians were not accused of being “soft on crime”. Crime was not a political issue. But in the ‘70s we began to see civil rights activity criminalized, from sitting at lunch counters to more chaotic political unrest.

Some of the factors that play into this criminalization of social problems in the U.S., both historically and currently, include slavery, the expropriation of American Indian land, Jim Crow, residential zoning and the labor market structure. But another critical factor is a belief that has become central to U.S. culture that “the key to safety is aggression.” This of course is not a natural belief but an inculcated one. In Dr. Wilson’s words, the cultural belief in “the perpetual enemy who must always be fought but can never be vanquished” is a controlling factor in the need to find, label and imprison “criminals”.

Dr. Wilson spoke of how well-studied and proven it is that saturation policing does not create stable communities. She also referred to studies in which rural counties that did not turn to prisons to solve their economic problems are doing better than counties who tried to solve their economic problems by prison-building.

About the economic history of the U.S., Dr. Wilson talked about the development of corporations taxing themselves to protect the idea of capitalism -- by providing security for some of the people in society (excluding black people, brown people, most women, agricultural workers, people with the wrong politics). As corporations pulled the plug on providing this security, stopped taxing themselves and began moving more and more operations outside of central cities and out of the U.S., corporate-influenced media explained new cultural unease and anxiety by pointing to “the welfare state” -- essentially code words for the poor, including coded language for people of color -- as the ones who were draining the economy.

Dr. Wilson closed her morning talk by asking “Who Cares, Who Cares, Who Cares” about these problems and by showing some positive attempts at solutions she had witnessed. One was reaching out to environmental justice activists. This makes sense because, first of all, prisons are geographically toxic presences in such otherwise beautiful places. I remember myself being so struck by this the first time I drove to Boscobel, connecting with the absolute beauty of the landscape, and then saw the prison there, stuck like an oozing scab on the land. Really, think of any aerial photo of any prison you have ever seen. Second, each prison is like a city unto itself, where dysfunction rules and runs things, seeping into everyone’s human nature who is imprisoned or works there -- a poison. And then, of course, there are often so many tangible chemical poisons in the land and water near prisons, whether we talk about the buildings being built on uncleaned-up toxic land and/or near polluted water, or whether we’re talking about the prisons’ functioning actually creating hazardous toxins in the environment.

Dr. Wilson showed us slides of a talking session (after some event I think) where, instead of folks asking questions of speakers or talking about the problems, organizers asked people to stand up and say what they do about the problems. This brought out some shining positive stories.

One more activity involved giving people $100,000 in fake bills and arranging on the walls places for “Housing”, “Art”, “Health”, “Education”, “Policing” -- and then asking folks to distribute their money.

I am definitely going to check out Ruth Wilson-Gilmore’s book and urge others to do so.

-- Melissa Froiland
Milwaukee

RELIEF SOUGHT AT GBCI

(ON CONDITIONS OF CONFINEMENT COMPLAINT)

NOTE Every single request made herein is reasonable. Moreover, many of the
things identified below are things that we have had, but were taken, not in the interest of maintaining order and security, but as wanton punishment, simply to make our already hard-times harder. The things were taken by prison officials simply because they felt this Prisoner Body was one that they could take it from, easily. It's clear to US that they intend to keep on taking from Us until they've taken everything. This is a show of utter ill-will toward Us, and, as a result, it seeps from the attitudes and behaviors of the guards towards Us everyday - to the point that the atmosphere has become volatile and toxic. What We have here requested below is a part of the process of to detoxify this poisonous atmosphere. We are sent to prison as punishment, not for punishment; and a commendable Prisoner Body should not be perceived as a cowardly one.

( 1) Suicidal Conditions - The suicide rate in Wisconsin' s prisons (DOC) is nearly twice the National average, and this is according to the DOC's own January 2005 report by DOC Mental Health Director, Kevin Kallas. We live these conditions daily and witness one another waste away, and this we can no longer accept. Our request is to have implemented all of the other measures listed below as a means to alleviate these draconian and suicidal conditions. Moreover, Our request is to have all mentally ill Prisoners now housed in segregation to be sent to appropriate mental health facilities or be released to general population, as required by law, and to ensure that there will never be another John Virgin (pbuh) tragedy (alleged suicide) in this prison again. Scarver V. Litscher, 434 F.3d 972 (7th Cir. 2006) (holding that segregation is not to be used to house prisoners exhibiting mental illness) requires nothing less.

( 2) Medical Responses- DOC staff's response' to medical matters, in general, is inadequate, and grossly inadequate in cases of emergency, such as for heart attack, stroke, breathing problems, which has- resulted in the death of Prisoners Michelle Greer (asthma. attack); Donald Powe (heart attack); Kelvin Brooks (epileptic seizure), and over 100 others (pbut). Consequently, Our request is for an emergency response protocol that requires staff to have a Prisoner experiencing emergency medical complications transported to a qualified hospital's ER room within 15 minutes (and definitely no later than 20 minutes) of being notified of the emergency. Moreover, Our request is for compliance with p.12-20 of the settlement agreement in the case of Stokes, et ale V. Thompson, et al., #89-C-666 (E.D.WI. 8-8-94); i.e., for a generally prompt medical protocol as well.

(3) Out-Of-Cell Time - Our request is for at least 35 hours of out-of-cell time for those double celled and on unassigned status, and 50 hours for those on an assignment status, as required by the above mentioned settlement, supra ( 2), p. 11-12 . Currently, We are getting no more than 1 0 hours a week on unassigned status, and an average of about 35 hours on assignment. This is to include daily rec., structured rec., night library, structured library, daily hobby shop, and daily music room.

( 4) CeIling Conditions - The fact that there exists a ceIling problem is undisputed, and the administration has been aware of this for well over a decade [supra (2), p. 6- 9 of settlement]. However, instead of providing more general population bed-space the prisons have opted to create more seg. bed-space, and it is this space that's being used in place of gen. pop. bed-space to confine Us punitively for minor offenses We would not otherwise be confined for as a means of containing the population it has deliberately neglected to provide enough bed space for. Our request is for an end to double ceIling in any cell less than "9 x '12" ft. in size. Our request is also for the conversion of at least half of the seg. cells into gen. pop. cells (specific wings, with electrical outlets, etc.). In addition, any double ceIling, until these changes are made, is to be done according to the considerations expressed in the above mentioned settlement, the cells (occupied now) are to include a foot locker for each occupant, a platform/rack for each occupants TV, a garbage basket for each cell, and night lights allowed to be purchased from any available vendor.

( 5 ) Showers - There are to be showers stalls installed for every shower head, with privacy curtains, and showers permitted at least 5 times a week, whether one attends rec. or not, and without regard to one being on loss of rec.

( 6) Sanitation - The plumbing, water, and waste system has to be fixed. Currently, We are forced to suffer the unhealthy odor of raw sewage almost daily, drink water that has visible metal/rust particles (Likely from the pipes), clearly seen in the bottom of our cups, daily. Lastly, the toilet seating is too small. No toilet seat should be so small or low that one's genitals touches the rim, walls, or water of the toilet when the person is seated.

( 7) Segregation & Treatment Center - No ones cell light is to be kept on 24 hours in punitive seg., but rather allowed to turn it out just as anyone else is in the population. This is not a security measure, but a punitive measure. When We are locked in a cell at night there is no more seeing in a seg. cell than in any other one. Moreover, before these new control seg. units were built lights were turned out in seg., just as any other cell, and there was no problem there, and it isn't now. In addition, those in seg. are to be allowed a phone call at least once a week, whether on T.L.U., prog. seg., or admin. seg.; allowed at least 5 personal books and allowed to exchange them once every 30 days; allowed visits behind a partition as opposed to on a video screen; allowed thermal tops in the winter, and shorts (for exercise) all year round; allowed visits from other prisoners (if requested) when going through a crisis, as well as contact visits from outside visitors (during crisis); provided a rec.~area for days when it rains or snows, and not simply be exposed to the elements; and all other conditions at least as compatible to WSPF/Supermax conditions, which is the "worst of the worst" and still better than the seg. here. Lastly, those of Us in the treatment center are to be allowed the same privileges and access as those in gen. pop. and are not to be treated as if We’re in seg.; and an inside prisoner-to-prisoner visiting program is to be allowed so those in gen. pop. can come visit their bedridden fellow Prisoners.

( 8) Conduct Reports, Hearings - There is to be an end to upgrading minor conduct reports to major ones; all cr.. hearings are to be recorded, just as Our phone calls are, as staff continually lie on Us and falsify what We actually say in our defense. Moreover, an oversight committee of non prison staff (such as an appointed committee from DOC headquarters, outside volunteers, etc.) must be established to investigate and address any allegation of staff abuse, or any cr.. alleging any exceptionally major violation by a prisoner.

(9) Phone Access - Phone access is to be provided for every cell house just as they are for the dorms. We should not have to choose between exercise and calling our family; and loss of rec. should not also result in a loss phone. Moreover, the purchase of phonecards should be allowed, just as they are in many county jails and prisons.

(10) Visits - Currently, the visiting conditions at this prison are hostile, antisocial, not family oriented, and is deterring visits as opposed to fostering them. Our request is for a kids playroom, visiting seating with side-by-side visiting as opposed to opponent style seating, the ability to hold hands and place arms around our visitors during the visit, a father and child visiting program just as the Mothers have at TCI, and for movement on the visit in a reasonable manner (vending machine, pictures, the john, and getting toys for the kids), as opposed to being forced to sit still for up to three hours.

(11) Prison-Pay - Our request is for a pay raise of a minimum of $1.00 an hour for any prison job, with a ¢.50 wage increase for pay-range advancements, and minimum wage for any industry job such as BSI. Moreover, Our request is for other projects to be established for Us to earn pay and privileges (such as Jaysees, talent contests, furniture building, :[food stuff at rec. and visits, etc.).

(12) Basic Cable - In a Dish on Demand world, internet, DirectTV, etc., Our request is for basic cable at a minimum; ie., ESPN, BET, MTV, TBS, a at least one movie channel (Showtime, Cinemax, or HBO). The prison already has the capability to allow these channels in, but if necessary We should be allowed to raise the money for the cost of it. Moreover, many Prisoners have Spanish as a first language, and some have it as an only language. For this reason, there should be at least 3 Spanish channels for those who don't have English as a first language.

(13) Cassette Tapes/CD’s - Most prisons in Wisconsin are in rural areas with very limited radio selection (mainly rock or country, while hip hop is arguably the most popular music to date), and the selection is so limited even in areas such as Green Bay. Music is recognized as being therapeutic, and is even said to ‘calm the savage beast'. We must be allowed the purchase of cassette tapes and CD's for this purpose, and educational and religious purposes. Walkmans and I-pods should also be permitted.

(14) Weights - In 1994 free weights were taken from Us, without any consideration of alternatives. However, there are some, and they are hereby requested. That is, that the free weights be brought back, and that they be made stationary by welding the free weight plates (a job We can do) to the bench & curl bars, and even have some of them chained to posts or the floor, as a few already are at WCI. Additionally, those in the Dorms are to be permitted to workout in the Dorms, there is ample space for them to do so, and the prohibition against it is punitive, not a security risk, and is therefore unacceptable. .

(15) Publications - We are adults, in an adult prison, doing adult time. Inherent in the word adult is what it defines: mature; grown-up; of or for adults (Oxford Dictionary & Thesaurus, p. 12 (1997) ). With that said, We are to be allowed to purchase publications of Our choice, whether of an unpopular political nature, sexually explicit nature, about hip-hop culture or Hitler. This is the world in which We live, and the current practice of placing Our minds in a steel box, confined from any exposure to these aspects of the world is not in Our best interest, and has less to do with security, and more to do with punishment and absolute fascist control. This access We need in furtherance of being accurately informed of, and able to relate to, the world around Us, particularly after Our exile from it - in many cases for over a decade, in some cases several.

(16) Legal Routes - We need a legal route system here, to be able to assist one another legally, considering the prison does not provide legal assistants for Us. This system is already at many prisons, and it allows Us to forward one another legal documents and files through inner-institution mail. We aren't even making enough for personal expenses, so few of Us can afford the postage to mail legal files back and forth, and the prison is so segregated and library access is so limited that We send one another legal files in order to get assistance.

(17) Library Access - Access to the library in general, and law library in particular, is ridiculously inadequate. Our request is for night library to help improve access, and for those on a deadline to get at least two hours in, not counting any hour one has to spend on another's deadline which is used assisting that other person.

(18) Dining Hall Time - We aren't being given enough time to finish Our meals. Wolfing food down is unhealthy, and unacceptable. Our request is for at least 30 minutes for every meal.

(19) Mail Delivery - We want mail on everyday the mailman delivers it. Our was allegedly suspended "temporarily", due to a specific staffing shortage at a specific time, and was to resume immediately thereafter. That’s been over two years now. This is the type of abuse of authority and disrespect that is unacceptable. Mail is Our access to the world, and We want Ours on Saturday and every other day it's delivered.

(20) Picture Exchanges - Our request is to be able to send each other pictures, as We have done for decades before the oppressive ban. Many of Us have no family out there to write Us and send Us photos, and rely on correspondence amongst one another. This ban must be lifted.

(21) Cultural Groups/Banquets - Our request is for the reestablishment of Cultural Groups, and Banquets allowed to be held by these groups where various families, . friends, sponsors, and community members can attend; and that We be allowed to form programs to give back to Our communities, such as through the donation of clothes to shelters in the areas We came from (clothes that We would otherwise have to destroy or send out), and other similar positive measures. This fosters family ties and rehabilitation.

(22) Humanity Training - Our request is that staff be required to attend humanity training to train them how to speak to people in a respectful manner, without the barking and unnecessary confrontational postures, which are accidents waiting to happen.

(23) Shakedowns - Our request is that all shakedowns/searches and seizure of Our property be documented, whether done in a cell or outside of it; and that We be given a choice to send out any items taken from Us or fight it through the ICRS or disciplinary process as DOC 303.47 (appdx.) states: "the inmate's property is not confiscated. Property is disposed of or returned in accordance with DOC 303.10." Currently, staff is taking property from Prisoners, claiming it's contraband, and then using it for themselves (such as food) or even giving it to other Prisoners, even paying informants with it.

(24) Smoking - Those who wish to smoke should be permitted to smoke outside. Prison life is stressful, and smoking is one means many use to relieve that stress; arguably unhealthy, but a better means than releasing it on others, and in a way in which those who don't smoke aren't affected.

(25) Canteen - The canteen prices are too high for the pay We receive, which has decreased while prices have went up. $20.00 today doesn't even fill up a canteen bag if one has to purchase hygiene items with it. This means that many of Us don't go to canteen regularly. When We do go We need to be able to stack up to a reasonable degree, and be allowed to purchase at least $50.00 worth of canteen a week. We are requesting this, and also to be allowed to purchase at least 4 bars of soap a week, and 25 single stamps, and 4 deodorants and toothpastes.

(26) Passing of Items - many of Us don't have the means to buy Our own personal effects, and friends and even relatives in here who try to assist Us, but this is prohibited while the institution itself fails to do so for many needed items (such as postage, deodorant, hair products, etc.). Our request is to be able to pass a reasonable amount of items to one another, and that the tier tenders be allowed to do so as well. This is often done anyway, but only leads to problems with items being gangstered by staff, thrown away, or lost in the process.

(27) Attire.- Our request is for at least two pairs of shoes, so We can have a pair to exercise in and a pair to where on visits. Our request is also for at least one pair of jeans to where on visits, a jeans shirt to go with it, and other t-shirts/sweatshirts and shorts of any color We choose, and to be able to wear Our shirts outside Our pants as have been done for decades before the ban. None of this was a major problem then, and isn't now. This is an unnecessary exercise of control upon us. We are adults, not kids.

(28) OSHA & FLSA - Our request is that all prisons comply with OSHA (Occupational Safety and Health Administration) and FLSA (Fair Labor Standards Act) which is not currently being complied with.

(29) Free Stamped Envelopes - Our request is for at least three (3) free stamped envelopes a week, as was done in the past, due to the poverty in which We are held, so We have enough to write Our family, friends, and the court.

(30) Prisoner Committee - Our request is for the reestablishment of the Prisoner Committee, to be elected by Us, and not appointed by staff.

April 23, 2007 letter from Representative Tamara Grigsby

Dear Chairman Graham:

As you know from our numerous telephone conversations, I have many concerns regarding the standards, or more appropriately, the lack thereof, the Parole Commission uses in determining parole eligibility. After carefully reviewing the Parole Procedures contained in the Wisconsin Administrative Code, I am confident that as Chairman of the Parole Commission you have the authority to make some of the changes we have talked about at great length.

Two provisions in particular that I would request that you address within the Administrative Rules process are PAC 1.06 (5) and PAC 1.06 (7). PAC 1.06 (5) states:

Representation by legal counsel during the interview shall not be permitted. Correspondence from legal counsel shall be accepted, however, and made part of the record. A spokesperson for the inmate should be allowed only in cases of severe speech impediment, where the inmate suffers a severe physical disability which impedes oral communication, or in cases where the inmate's primary language is not English and the individual lacks adequate fluency to represent himself or herself.

I am requesting rule PAC 1.06 (5) be changed to allow an inmate to have 2-3 representatives of their choice at their hearing including but not limited to legal counsel, family members, advocates, and/or spokespersons. This arrangement will be beneficial to both the inmate and the Parole Commission, especially if parole is being denied and the inmate needs a better understanding of the steps needed to obtain release. Having an advocate present may also help the Commissioner to better understand the support services the inmate will have available to him upon release.

Secondly, I am requesting that PAC 1.06(7) be recreated to develop specific criteria which the Parole Commission must consider when reviewing an inmate's eligibility for parole by the use of a scoring system or risk assessment tool.

The current criterion used by the Commission is too subjective and does not give inmates or their families a tangible measurement of the steps an inmate needs to take in order to achieve parole status. Presently, the Parole Commission lacks a tangible, comprehensive, systematic tool that aids and assists Commissioners in determining whether or not qualified inmates are released on parole. Too many inmates are simply told "not enough time served as punishment" as the reason for their denial. Even when other commissioners have recommended parole and have documented the steps the inmate has taken to achieve that status, on several occasions you have overridden those affirmative decisions for inmates who have:

Reached the Parole Eligibility Date in his or her sentence;
Served sufficient time for punishment of his or her crime(s);
Shown positive changes in behavior as well as documented progress in programming, treatment and/or educational achievement;
Presented a viable parole plan which offers the offender realistic opportunities for a stable residence, employment, and programming if needed;
Proven an acceptably reduced level of risk to the public.

As a result, I recommend that the Parole Commission develop a systematic guideline similar to the Structured Decision Making (SDM) model that is currently being used by the Arizona Department of Corrections, which I have enclosed for your review.

Pursuant to a recommendation by the Auditor General's Office in 1991, the Arizona Board of Pardons and Paroles applied for and received a grant from the National Institute of Corrections to develop guidelines that reflect a more structured decision-making process. The Board formally adopted and implemented the Structured Decision Making (SDM) model on July 1, 1993. Since then, the Arizona Board of Pardons and Paroles has conducted extensive research and drawn on the experience of numerous experts to lay the foundation for their present decision-making process in parole consideration.

This SDM model involves the development of guidelines that will provide Commissioners a common framework within which to make decisions in parole consideration and determination. SDM guidelines function as an advisory tool designed to guide and enhance the quality of decisions rendered by the Commission. This advisory function underscores the fact that the Commission will retain ultimate discretion when considering an inmate for release. In fact, the guidelines do not replace the Commission's discretionary authority. The adoption of SDM signals the Commission's commitment to a more systematic, accountable, equitable, and rational decision making process in that include:

1) Stated Goals;

2) Policy Statements;

3) A Measurement Instrument designed to systematically assess an inmates' suitability for release;

4) Risk assessment and offense severity measurement that function as two of the core components of the SDM model.

This model serves to protect the community, while at the same time, providing the inmate with clear guidelines to follow to ensure their own suitability for release and a successful transition into the community. Likewise if an inmate does not meet the requirements of these provisions, or concerns remain about the risk they pose to the community, the inmate and their family will have a clear indication of the steps necessary to achieve parole status.

I am certain that after you have had a chance to review this model, you will agree that this change will be beneficial for the Parole Commission as well. If you need any further information about this model, please do not hesitate to contact me.

I look forward to a prompt written response as to your willingness to immediately pursue the change I requested to PAC 1.06 (5), relating to inmate representation at parole hearings.

Furthermore, while the changes to PAC 1.06 (7), relating to the Structured Decision Making model, may take longer to develop, I am anxious to learn of your readiness to begin working on the changes necessary to implement this model in Wisconsin.

TAG, WE'RE IT!
by Prisoner X - Jokehill Correctional

Heavy is the pen exploring the "whys" of the federal funding fueling the prison industrial complex. It has become nothing but a "tagging" process for the government. The catalyst for the process is interesting, but the reasons are frightening and sovereign.

For many the first strokes of writing on the wall was when Tommy Thompson issued a directive to DOC to block the release of violent offenders. He also acknowledged it was illegal but directed DOC to find legal ways to affect it. It didn’t take long for it to also engulf all prisoners regardless of their offense. It made no sense for him to put himself out-there like that by instructing DOC to create legal ways to perform unlawful acts. The guy is a professional politician, so why would he do that?

Over the years I have read much about the Thompson fiasco, the new rules, the new-new rules, and the effects people are finally starting to realize, the outrageous judicial suppression preventing challenges to the process, all of it. But the bigger picture still is not coming into focus yet for most. I have been predicting all of the effects of the ex post facto punishment since the early 90's, and knew people would rue the day the obscene truth became undeniable in their lives. I even elaborated on the effects of the policies and rules in letters and document mailings to numerous legislators, State Representatives, Senators, various agencies supposedly overlooking the madness, and in many legal briefs to the Judicial arm during litigation through all the state and federal courts, but the message was ignored all the way around. Again, why?

The increasing number of complaints about some of the effects -- not allowed to take treatment programs, the subsequent parole preclusion, etc. -- shows an awareness of the problems in the way the system is designed. But it is time people take notice of the bigger picture and understand what it is they're looking at. The bigger picture is nothing short of awesome, and perfectly strategic. I even predicted it would occur so subtly that people wouldn't catch on until it was too late. It probably already is.

The catalyst is 42 USC §13701, et seq., which became law as Thompson was issuing the directive to DOC. It provides for billions of dollars in federal tax fisc in the form of grants to the states for doing things like creating parole rules and classification rules which conflict with one another to create a catch-22 which, consequently, precludes parole. It also provides grant funding for states to create more administrative rules, municipal laws and codes, penalty enhancers, and other nonsensical statutes like Truth In Sentencing. The "85%" figure has its genesis in ~ §13701; when a state can show the FBI they are making prisoners serve at least 85% of their sentences they get the grants. Same thing for all the counties, cities, towns and villages increasing arrest rates and conviction rates. It also provides for the unbridled expansion of existing prisons -- new x-buildings, new segregation units, new program facilities, as well as the conversion of existing buildings into prisons. The federal appropriations statute (§13701) does even more than this. And Congress provides all this for a system that has more than proven itself not to work. Why?

One reason is obvious when focusing on the bigger picture; the prison industry is providing a service and very necessary function for Congress. They pay big for the states to create more laws, essentially creating crimes where there were none before. These laws even target younger groups of people -- truancy laws for school children which allow school officials to refer kids to prosecutors for tagging -- and sweeps up all other sorts of people who are not really criminals. All these people are guilty of is not staying in the additional lines designated by the government. And why would Congress need to have this information on its ordinary citizens?

The "why" has to be kept in context with and attributed to the bottom line governmental political and global agenda, and the fact they realize that the American Empire will fall in time. History has taught us that all empires are inherently unstable, mainly because they inspire enemies rather than allies, and people naturally seek to live free of their influences. But empires fall as they must, there is nothing greater to aspire to; examine Rome, Byzantium, the Ottomans, Japan, et aL Those in power need to know who will likely revolt, who has the capacity to organize, to motivate, who can use weapons effectively, who has them, who has the resources and wherewithal to finance and sustain opposition. By creating more lines and boundaries the government can and will tag us all. They have to. And it's nothing personal; the empire only recognizes itself, and cares not one iota about wasting massive amounts of humanity. It has nothing to do with "corrections" or crime, although that's the spin the government has the media put on it.

Some readers will likely conclude this author is just an alarmist with an axe to grind. Inasmuch as the axe continues to be honed, and I feel everyone should at least be aware of what is coming at them, I simply say educate yourselves to the government's own statistics. Even the backdoor statistics are striking,if not alarming. The number of people released from state prisons each year has been steadily increasing because of the increase of those coming into the system for tagging. In 2007 the numbers will climb to nearly a million releases from prison. Moreover, there's an estimated nine million individuals released annually from US jails. The numbers are staggering -- this is an annual process occurring each and every year. People are being tagged at an unprecedented rate, and as the world population increases, so too, the government has to step it up even more if they're going to stay on top of their game. No matter the senseless-ness, no matter the cost.

Even with the many billions of dollars Congress has allocated for the states
to expand the tagging industry, there are huge financial problems being realized by each individual state. Those fiscal problems are met with short-sighted solutions at penny-pinching, many of which will make prison life much more intolerable. It's basically open season on prisoners these days. The media continues putting a negative slant on everything remotely dealing with the notion of crime. Prisoners and their families have no constituency or political clout. Term-limited legislators, looking for any chance to appear tough on crime have little to lose. Any idea to cut costs without closing prisons, no matter how whack, will get a hearing. '!heir purported solutions to the financial problems will all inevitably lead to harsher conditions of confinement. We will soon see massive cuts in wages, food, programs, treatment, health care, and other necessities. And that, in turn, will inevitable lead to endangered health and safety for all concerned. these places are destined to become some of the most dysfunctional and dangerous places on the planet --- warehouses that evict convicts unprepared foc anything constructive or worthy. What to do. What to do, indeed. Responding to the above will take rare virtues in politics, common sense and courage. (continued)
TAG - continued
A great deal could and would be accomplished if people focused more on the monstrous beast that has us in its belly. The beast needs us to exist in its present form. There is a lot to be said about the evasive quality of solidarity -- the role it used to play, and the role it must play in the future. People must solidly unite and ponder the proposition of doing nothing. Think about that. If people just did nothing -- just stuck their miserable hands in their pockets and refused to do anything -- the system would change within a month or two, tops. The system cannot possibly sustain itself without prisoner labor, and would be forced to reduce the prison population by half with a quickness, or go broke spending all their money for blueshirts and whiteshirts, social workers, secretaries and other staff coming in to do laundry, prepare and serve food, do maintenance, and the like. If you want to see how much power you have, just put your hands in your pockets and learn something. The power of not doing anything eludes most prisoners. Most don't see that the reason for that lack of power has been and is being conditioned into us.

There must be unity and solidarity if any struggle against systematic abuse if it is going to succeed. And if people are going to fight a thing that is worth fighting, they must go for the source of the problem instead of attempting to deal with the symptoms of the problem as so many people currently do. The only thing which separates the makers of history from those whose histories are made for them, is the power to alter their environments, the power of change. We will still be tagged upon release and that’s where a greater struggle awaits us. We need to de-condition our friends, neighbors and children. Get the children out of the public schools, educate them to what matters most in the world, teach them to become self-sustaining, to grow their own food and livestock, and become people of substance, free thinkers with integrity enough to stand up. It can start with nothing; put your hands in your pockets.
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Liberty has never come from the government. Liberty has always come from the subjects of government. The history of liberty is the history of resistance. The history of liberty is a history of the limitation of governmental power, not the increase of it. Woodrow Wilson
TRIP TO U.W. HOSPITAL AND CLINIC
by Charles Coogan

At 3:00 am, wakened by a prison guard given a bologna sandwich for breakfast. Taken to a shakedown area and strip searched being careful not to rip open my strangulated hernia, which has now turned blue and other shades of yellow. Now come the handcuffs and leg shackles with a chain around my waist and placement of Federal cuff blocks.

Can all ready feel the cuffs digginq into my wrists and legs.

Two hundred miles and three hours later we arrive in Madison at the U. W Hospital and Clinic.

UP to the sixth floor strip searched once again, this time one hand is allowed to be free.

It is now 6: 15 am.

Placed in a 15 ft. x 15 ft. waiting room with 20 other inmates with one bathroom.

My appointment is at 3:00 pm. in the afternoon. --

Noon time another bologna sandwich. No wonder I have hernia from eating this crap.

Three o'clock arrives, thank God! Down to see the doctor. What's that you say doctor Shmuck, isn't here today, so we'll have to reschedule.

Strip searched again after returning to the sixth floor.

Five o'clock time to leave 14 hours have passed handcuffed and shackled, now another three hour drive back to prison.

Once again strip searched and returned to the institutional hospital and “how is your hernia?”

All I've got to say is I need some bandages for my wrists and ankles were the cuffs have dug into my skin, and an ace bandage to hold in my hernia because there is no way in hell I'm going down there again - not unless l'm unconscious.

“Here Mr. Coogan, have other bologna sandwich.”

If that isn't cruel and unusual punishment I don't no what is.
“GRIDLOCK"
Timothy Olinger -Redgranite

Insufficient time ...lack of program participation. These are just a few of the superlatives constantly echoed throughout the Wisconsin Prison System, for those of us who languish under the ambiguous cloak of the "OLD LAW"!

As a good portion of us enter into our respective 14th ...15th, and 16th year of incarceration; most of us have become pessimistic, and somewhat embittered with a system that continues to contradict itself. Have the powers that be simply lost their way!? Or have they too become overwhelmed by the sheer gravity of it all? The cliché' commonly used amongst politicians today ..."Pass the Buck"! As we witnessed our only relief disappear with the dubious resignation of Mr. Lenard Wells, which left those of us under the old law, reeling in a sea of apprehension and despair. (Meanwhile)...we tentatively wait for Mr. Alfonzo Graham to embrace his position, and confidently carry out the arduous task that lay before his office.

Even though Mr. Graham hasn't said much; his silence speaks volumes. In the wake
of this "Pass The Buck" mentality, we are left at the hands of unqualified, and unscrupulous individuals, their capricious whims, and their twisted justice. These people sit on committees, parole boards, and other functions within the DOC, charged with the responsibility of moving people through the system
in a fair and timely manner. Yet it is at these levels of Corrections, that prisoners experience the greatest frustration, and the wheels of so called justice, come to a screeching halt! The social workers have virtually been rendered ineffective, and their power of recommendation, fall on deaf ears. Here at R.G.C.I.., PRC has slowly and meticulously become just a mere formality. Since the inception of Truth In Sentencing January I, 2000, the parole board exist for one purpose only:
to deal compellingly, and successfully with those prisoner doing time under the guise of the "Old Law". Yet the parole commission has failed miserably in this capacity. Webster's Universal Dictionary, defines "GRIDLOCK" as a major traffic jam in which all movement comes to a stop because "key" intersections are blocked. A complete stoppage of normal activity.

continued next page
Gridlock - continued

With very few programs, and the notion of rehabilitation, just that, a notion ...what incentives are there for prisoners!? Politicians like State Sen. Scott Fitzgerald, proposed that the DOC simply send prisoners back out of state, and build more prisons. In my opinion the equivalent of putting a bandage on a gunshot wound.
As it stands, no one wants to stand up and take the responsibility for this huge debacle. It’s ironic that the onus of responsibility falls on the of the prisoner as it rightfully should. But what of those who preach these philosophies? Are they exempt? Are they held to a different standard? Or are their words simply filled with aberrations, and half truths!? Who knows? But those who know! This is not a one person job, and until those people courageously, effectively, and fair-mindedly step in ...the system will remain in "GRIDLOCK"!

∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞

The Ten Contradictions
by Carlos Abadia, RGCI

1. They want us to become responsible but they remove us from all responsibility;

2. They want us to be positive and constructive but treat us with negativety and hate;

3. They want us to be trustworthy, so they put us where there is no trust;

4. They want us to be nonviolent but they treat us violently;

5. They want us to become kind and loving people but they subject us to hatred and cruelty;

6. They want us to quit acting the “tough guy” yet they treat us with toughness;

7. They want us to quit exploiting but they put us where we are exploited;

8. They want us to take control of our lives yet they make us totally dependent on them;

9. They want us to become part of the community yet they isolate us from our loved ones;

10. They want us to gain self worth but do all they can to degrade us.

A note from Moso

Dear Comrades,

I assume a lot of Brothers didn't get the last issue of PAC, as it appear the DOC is attempting to now block access to this publication. At Waupun, all issues were not allowed, so we are exhausting our Administrative remedies and will be taking this to court. We may need to make this a class action, depending on how wide spread this action was. I know it was allowed in several other institutions, but in individual cases, it was not at those same Prisons. So for anyone who was not allowed to receive last months issue, you should contact me if you want to be a part of
this case. The person named on the denial slip, was Mr. Westfield, and he is the Security Director for the entire DOC. So how did he made the decision to deny the publication at this institution? Or is it that he has issued a State Wide Prison ban. So I won't know until I get some feed back. Everyone here at Waupun is on board to get this in court once our administrative remedies are exhausted. So if there is anyone else out there, let me know.

As expected, the DOC is getting spooked, once they see us waking up and getting our friends, loved ones and fellow comrades "Politically" involved and being a counter balance to those forces who feed off other people's suffering and misery.
It was unfortunate what occurred in Green Bay, as the concerns should have been addressed with public support first. Those issues is exactly what we try to accomplish through our political actions. Now they will exploit it and use the situation in their favor. they have the propaganda machine, so what ever they put out, that's what the public hears. If we had our act in order, we could have gotten the truth out to the public. But some of our comrades are still not putting as much effort into this cause as could be done, so we are making only slow progress. We need the numbers. We need you to get in touch with your family members and loved ones and friends, so next time when they want to hold a news conference and talk about how Dangerous Kenneth Georden is because he is getting released after serving thirty (30) years, because some Cop tried to play hero, we will have someone who will have the other side of the story. Now, we have no voice or advocate. Now is the time, as the Political winds are changing, and all we need now is to get our act together, we can get some good things happening. There is a proposal now asking the Governor to start a Review for possible Pardons for inmates who have served over 15 years on non-life sentences. They understand this argument of slacking up on the so called, first time, nonviolent offenders, ain’t gonna work. Sorry to say that I but some of this new generation, is only gonna get worse, so they will need some time in PRISON. It is the older Prisoners who really can get out and do some good. So we are asking the Governor to look at some of these inmates who were caught up back in the middle 80' s and early 90' s, who got caught up in the middle of this Conservative Extreme Right Wing Conspiracy, when they were routinely over sentencing people as part of their agenda to reduce the population. A lot of this agenda has been exposed now with the winding down of this Bush administration.

So Comrades, I again hope you will spread the word and get your people involved. Hopefully, PAC will have a contact phone, where your people can contact.

On the latest legal news, there was some good news for those who know him. Manuel Cucuta ~Qui-Qui" got his case reversed on a double life Sentence, without Parole. State V. Cucuta, Case No. 2005AP777. The court ruled that if a portion of the trial transcripts are missing, or in his case, was not even recorded, the Trial Court must attempt to reconstruct that portion of the unrecorded proceedings, and if it cannot be done, the defendant is entitled to a new trial. We prosecuted his Habeas action pro-se. I'm sure he will be a asset for the good fight.

No Justice,
No Peace,

One,
Moso

££££££££££££££££££££££££££££££££££

The shepherd always tries to persuade the sheep that their interests and his own are the same: Marie Beyle
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The jaws of power are always open to devour, and her arm is always stretched out, if possible, to destroy the freedom of thinking, speaking, and writing: John Adams

PRESS RELEASE
HUNGER STRIKE

WHAT
A hunger strike (no food, no water) now over 800 days in duration on nasal-gastro tube feeding.

WHO
A Wisconsin prisoner: Warren Gameal Lilly, Jr. age 56, father, veteran, heart patient, business owner, college graduate, imprisoned since June 2003.

WHEN
The hunger strike began in May 2004 as a thousand-calorie-a-day protest. It escalated on February 16, 2005 to no calorie intake in support of a nationwide call for a permanent work stoppage of in-prison labor.

WHERE
Wisconsin prison system: He began it in 2004 at Racine Correctional Institution, continued it in March 2005 when transferred to Dodge Correctional Institution, continued it January 2006 when transferred to Redgranite Correctional Institution, continued it May 2006 at Stanley Correctional Institution continued it November, 2006 again at Racine Correctional Institution, and since February, 2007 continues at Fox Lake Correctional Institution.

WHY
In protest of
1) the use of imprisonment as a panacea for social ills,
2) the rising imprisonment of non-violent Americans, and
3) the inhumane treatment and planned violence to which prisoners are subjected.

GOALS
1. The reduction of the national (city, county, state, and federal) prison population by 70 to 80 percent.
2. The nationalization of state laws which govern imprisonment.
3. A national limit on the number of Americans that can be held to 1 in 1250 per censused population.
4. The abolition of parole and probation.
5. The re-enfranchisement of all disenfranchised Americans.

APPROACH
To bring about tax payer awareness of the fiscal and humanitarian cost of imprisoning non-violent Americans. To spawn a national 'Howard Jarvis' type tax revolt that withdraws the dollars budgeted to prison maintenance and expansion - a de facto forcing of the reduction of the prison population and a turn to fiscally responsible humanistic solutions to social ills.

PLEDGE
Warren G. Lilly has pledged, in support of these goals, to take neither food nor water for the duration of his imprisonment. In addition to the hunger strike Warren has pledged to never again wear prison issued clothing. He is now a permanent resident of the prisons’ segregation unit.

CONTACT
Warren Gameal Lilly, Jr., DOC # 447655
Fox Lake Correctional Institution
P.O. Box 147
Fox Lake, WI 53933

Prisoners’ Action Coalition fully supports Warren Lilly in his resistance to the degrading and inhuman treatment prisoners receive in the Wisconsin prison system. We will be seeking publicity and promoting public awareness surrounding Mr. Lilly’s goals.
EXECUTIVE ORDER # 189

Relating to the Creation of the Commission on Reducing Racial Disparities in the Wisconsin Justice System

WHEREAS, disparate treatment of people of color occurs across the spectrum of the criminal justice system throughout the nation; and

WHEREAS, African-Americans and Hispanics constitute a disproportionate percentage of incarcerated populations in Wisconsin; and

WHEREAS, in January 2007, the National Council on Crime and Delinquency reported that young African-Americans in Wisconsin are imprisoned at 18.4 times the rate of white youth and that young Hispanics in Wisconsin are imprisoned at 3.9 times the rate of white youth; and

WHEREAS, disproportionate minority contact has been an area of interest for the Wisconsin Sentencing Commission, the Governor's Juvenile Justice Commission, and the Legislature's Black and Hispanic Caucus; and

WHEREAS, Wisconsin's leaders - from business, government, the justice system, and community groups - must be smarter and must work harder to help prevent people of color from entering the criminal justice system; and

WHEREAS, Wisconsin residents can benefit from a comprehensive and coordinated strategy to reduce racial disparities within the criminal justice system;

NOW, THEREFORE, I, JIM DOYLE, Governor of the State of Wisconsin, by the authority vested in me by the Constitution and the laws of this State, and specifically by Wis. Stat. 14.019, do hereby:

1. Create the Commission on Reducing Racial Disparities in the Wisconsin Justice System (the "Commission");

2. Direct the Commission to:

a. Determine whether discrimination is built into the criminal justice system at each stage of the criminal justice continuum of arrest through parole; and

b. Recommend strategies and solutions to reduce the racial disparity in the Wisconsin criminal justice system;

3. Provide that members of the Commission shall be appointed by the Governor to serve at the pleasure of the Governor;

4. Provide that the members of the Commission will be comprised of no more than 24 members of stakeholders including representatives from law enforcement, the financial industry, the legislature, the legal profession, the clergy, the judiciary, and the criminal justice system;

5. Provide that there will be two (2) co-chairpersons of the Commission and that these co-chairpersons shall be designated by the Governor from among the Commission's membership;

6. Direct the Office of Justice Assistance to provide basic staff support to the Commission, and all state agencies to provide information and assistance to the Commission at its request; and

7. Direct the Commission to submit a final report on its findings and recommendations to the Governor by October 1, 2007, and that the Commission shall dissolve when its final report is accepted by the Governor.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Wisconsin to be affixed. Done at the Capitol in the City of Madison this twenty first day of March in the year two thousand seven.

JIM DOYLE

Governor

NEW ABOLITIONIST May 2007

2007-06-07T12:33:00.000-07:00

Friends,

To those of you behind the walls, I hope this newsletter gets to you in a timely fashion. Many of you did not receive the March issue as it was determined to be “a threat to institutional security” by DOC Security Czar, Dan Westfield. Those of you who were fortunate enough to get the newsletter were able to alert your families and supporters about the Al Graham confirmation hearing held by Senator Lena Taylor in Milwaukee.

Turn out at the hearing was tremendous; standing room only, with many wives, mothers, brothers, advocates and supporters giving testimony as to why this man should not spend another day in office. The people were finally given a forum to express their frustration, and it boiled over.

Senator Taylor peppered Mr. Graham with serious questions and hard observations. She referenced all the letters she’s received from families as evidence of the “new” direction the Parole Commission has taken since Mr. Graham took office. She questioned him on the numbers (percentages) of hearings vis a vis grants of parole which Mr. Graham claimed were consistent with past Commissions. Mr. Graham was unprepared with the actual numbers (which didn’t impress Senator Taylor) and his claim of consistency was rebuked by the senator. The numbers actually show a 33% reduction in grants - from 15% under Wells to 10% under Graham.

As it turns out, Senator Taylor gave Al Graham a three month defer. There was little to be done about the term just completed, which ended in March of this year, but she deferred judgment on the ‘07-’09 term for “a few months” to see what changes Mr. Graham might implement and if the community, prisoners and families are being served by the Commission.

We must express our gratitude to Senator Taylor for giving us this opportunity to be heard. We’ll express that gratitude with letters, phone calls and at the ballot box. She has shown tremendous courage in actually looking at the (in)justice system while most politicians only use crime to further their careers. This courage and integrity must be acknowledged and applauded.

That said, if we want that defer to become a rejection of Mr. Graham, we must keep the pressure on. We must continue to inform Senator Taylor and the other members of the Corrections Committee about the continued inaccessibility to Mr. Graham; about our frustration with the process; about the importance of bringing our men and women back home. This must be an ongoing process; Senator Taylor has given us her ear, let’s let her know what we think.

Representative Tamara Grigsby’s office is also involved in the parole process. She has made some suggestions to Mr. Graham that would dramatically change the way parole hearings are conducted. It is within the power of the Parole Chair to make these changes - if he so chooses. If he chooses not to implement these suggested changes, Representative

Grigsby is prepared to move forward with legislation that will mandate those changes. The legislative route would take a long time to implement while administrative rule changes can happen immediately. Please write to Representative Grigsby with your support and to Governor Doyle with your concerns.

As mentioned at the start of this page, the noose around our neck keeps getting tighter. There was absolutely nothing in the last newsletter that advocated anything other that following the rules and procedures for seeking change. Czar Westfield explained that some of the things written were inaccurate and inflammatory. Constitutional rights of free speech are easy to disregard in a nation where the Attorney General calls the Geneva Convention regarding torture as passé. Czar Westfield’s actions are equivalent in the arrogance of power they display.

Speaking of fascism, Warden Pollard assumed dictatorial powers and declared Marshal Law at GBCI in February and is slowly easing the lockdown. He went to the local press with tales of threats and danger to staff. It’s all a fabrication. When a fascistic organization like the military, police, or prison needs to enhance its funding, they rely on the propaganda of fear. The “war on terror” and the “war on drugs” are different manifestations of the same dynamic.

What happened at GBCI is that a group petition was being circulated citing complaints about the conditions of confinement and giving suggestions for relief. This is what triggered the oppressive lockdown. This is what sent 11 guys to WSPF and others to the hole. This is what fascistic institutions do when confronted with the truth; whether it’s a newsletter or a group complaint, the reaction is to shut it down. They are incapable of addressing the underlying truth, they are reactionary.

The fascist functionaries may be able to suppress our voice behind the walls but this newsletter is read by the public, by the press, and by legislators. Much of what is said in this newsletter is not news to prisoners. What we hope to do for prisoners is assemble information and project these disparate bits of info into the BIG PICTURE. Many of you feel individually persecuted but the truth is that persecution and abuse are systemic and only by addressing the SYSTEM, will we end your individual abuse.

Every individual act of resistance adds to the overall pressure we apply to the system. When we go to the courts, we drain the system, when we refuse to work, we drain the system, when we enter hunger strikes, we drain the system, when we produce information exposing the fascists, we drain the system.

Resistance is what PAC is about. Resistance is what you should be about. We must stand together in our resistance. Resistance to dehumanizing, degrading, debasing, infantalizing and abusive treatment. What are we, as humans, if we won’t even stand up for our own dignity?

In resistance, PAC

April 23, 2007 letter from Representative Tamara Grigsby

Dear Chairman Graham:

As you know from our numerous telephone conversations, I have many concerns regarding the standards, or more appropriately, the lack thereof, the Parole Commission uses in determining parole eligibility. After carefully reviewing the Parole Procedures contained in the Wisconsin Administrative Code, I am confident that as Chairman of the Parole Commission you have the authority to make some of the changes we have talked about at great length.

Two provisions in particular that I would request that you address within the Administrative Rules process are PAC 1.06 (5) and PAC 1.06 (7). PAC 1.06 (5) states:

Representation by legal counsel during the interview shall not be permitted. Correspondence from legal counsel shall be accepted, however, and made part of the record. A spokesperson for the inmate should be allowed only in cases of severe speech impediment, where the inmate suffers a severe physical disability which impedes oral communication, or in cases where the inmate's primary language is not English and the individual lacks adequate fluency to represent himself or herself.

I am requesting rule PAC 1.06 (5) be changed to allow an inmate to have 2-3 representatives of their choice at their hearing including but not limited to legal counsel, family members, advocates, and/or spokespersons. This arrangement will be beneficial to both the inmate and the Parole Commission, especially if parole is being denied and the inmate needs a better understanding of the steps needed to obtain release. Having an advocate present may also help the Commissioner to better understand the support services the inmate will have available to him upon release.

Secondly, I am requesting that PAC 1.06(7) be recreated to develop specific criteria which the Parole Commission must consider when reviewing an inmate's eligibility for parole by the use of a scoring system or risk assessment tool.

The current criterion used by the Commission is too subjective and does not give inmates or their families a tangible measurement of the steps an inmate needs to take in order to achieve parole status. Presently, the Parole Commission lacks a tangible, comprehensive, systematic tool that aids and assists Commissioners in determining whether or not qualified inmates are released on parole. Too many inmates are simply told "not enough time served as punishment" as the reason for their denial. Even when other commissioners have recommended parole and have documented the steps the inmate has taken to achieve that status, on several occasions you have overridden those affirmative decisions for inmates who have:

Reached the Parole Eligibility Date in his or her sentence;
Served sufficient time for punishment of his or her crime(s);
Shown positive changes in behavior as well as documented progress in programming, treatment and/or educational achievement;
Presented a viable parole plan which offers the offender realistic opportunities for a stable residence, employment, and programming if needed;
Proven an acceptably reduced level of risk to the public.

As a result, I recommend that the Parole Commission develop a systematic guideline similar to the Structured Decision Making (SDM) model that is currently being used by the Arizona Department of Corrections, which I have enclosed for your review.

Pursuant to a recommendation by the Auditor General's Office in 1991, the Arizona Board of Pardons and Paroles applied for and received a grant from the National Institute of Corrections to develop guidelines that reflect a more structured decision-making process. The Board formally adopted and implemented the Structured Decision Making (SDM) model on July 1, 1993. Since then, the Arizona Board of Pardons and Paroles has conducted extensive research and drawn on the experience of numerous experts to lay the foundation for their present decision-making process in parole consideration.

This SDM model involves the development of guidelines that will provide Commissioners a common framework within which to make decisions in parole consideration and determination. SDM guidelines function as an advisory tool designed to guide and enhance the quality of decisions rendered by the Commission. This advisory function underscores the fact that the Commission will retain ultimate discretion when considering an inmate for release. In fact, the guidelines do not replace the Commission's discretionary authority. The adoption of SDM signals the Commission's commitment to a more systematic, accountable, equitable, and rational decision making process in that include:

1) Stated Goals;

2) Policy Statements;

3) A Measurement Instrument designed to systematically assess an inmates' suitability for release;

4) Risk assessment and offense severity measurement that function as two of the core components of the SDM model.

This model serves to protect the community, while at the same time, providing the inmate with clear guidelines to follow to ensure their own suitability for release and a successful transition into the community. Likewise if an inmate does not meet the requirements of these provisions, or concerns remain about the risk they pose to the community, the inmate and their family will have a clear indication of the steps necessary to achieve parole status.

I am certain that after you have had a chance to review this model, you will agree that this change will be beneficial for the Parole Commission as well. If you need any further information about this model, please do not hesitate to contact me.

I look forward to a prompt written response as to your willingness to immediately pursue the change I requested to PAC 1.06 (5), relating to inmate representation at parole hearings.

Furthermore, while the changes to PAC 1.06 (7), relating to the Structured Decision Making model, may take longer to develop, I am anxious to learn of your readiness to begin working on the changes necessary to implement this model in Wisconsin.

RELIEF SOUGHT AT GBCI

(ON CONDITIONS OF CONFINEMENT COMPLAINT)

NOTE Every single request made herein is reasonable. Moreover, many of the
things identified below are things that we have had, but were taken, not in the interest of maintaining order and security, but as wanton punishment, simply to make our already hard-times harder. The things were taken by prison officials simply because they felt this Prisoner Body was one that they could take it from, easily. It's clear to US that they intend to keep on taking from Us until they've taken everything. This is a show of utter ill-will toward Us, and, as a result, it seeps from the attitudes and behaviors of the guards towards Us everyday - to the point that the atmosphere has become volatile and toxic. What We have here requested below is a part of the process of to detoxify this poisonous atmosphere. We are sent to prison as punishment, not for punishment; and a commendable Prisoner Body should not be perceived as a cowardly one.

( 1) Suicidal Conditions - The suicide rate in Wisconsin' s prisons (DOC) is nearly twice the National average, and this is according to the DOC's own January 2005 report by DOC Mental Health Director, Kevin Kallas. We live these conditions daily and witness one another waste away, and this we can no longer accept. Our request is to have implemented all of the other measures listed below as a means to alleviate these draconian and suicidal conditions. Moreover, Our request is to have all mentally ill Prisoners now housed in segregation to be sent to appropriate mental health facilities or be released to general population, as required by law, and to ensure that there will never be another John Virgin (pbuh) tragedy (alleged suicide) in this prison again. Scarver V. Litscher, 434 F.3d 972 (7th Cir. 2006) (holding that segregation is not to be used to house prisoners exhibiting mental illness) requires nothing less.

( 2) Medical Responses- DOC staff's response' to medical matters, in general, is inadequate, and grossly inadequate in cases of emergency, such as for heart attack, stroke, breathing problems, which has- resulted in the death of Prisoners Michelle Greer (asthma. attack); Donald Powe (heart attack); Kelvin Brooks (epileptic seizure), and over 100 others (pbut). Consequently, Our request is for an emergency response protocol that requires staff to have a Prisoner experiencing emergency medical complications transported to a qualified hospital's ER room within 15 minutes (and definitely no later than 20 minutes) of being notified of the emergency. Moreover, Our request is for compliance with p.12-20 of the settlement agreement in the case of Stokes, et ale V. Thompson, et al., #89-C-666 (E.D.WI. 8-8-94); i.e., for a generally prompt medical protocol as well.

(3) Out-Of-Cell Time - Our request is for at least 35 hours of out-of-cell time for those double celled and on unassigned status, and 50 hours for those on an assignment status, as required by the above mentioned settlement, supra ( 2), p. 11-12 . Currently, We are getting no more than 1 0 hours a week on unassigned status, and an average of about 35 hours on assignment. This is to include daily rec., structured rec., night library, structured library, daily hobby shop, and daily music room.

( 4) CeIling Conditions - The fact that there exists a ceIling problem is undisputed, and the administration has been aware of this for well over a decade [supra (2), p. 6- 9 of settlement]. However, instead of providing more general population bed-space the prisons have opted to create more seg. bed-space, and it is this space that's being used in place of gen. pop. bed-space to confine Us punitively for minor offenses We would not otherwise be confined for as a means of containing the population it has deliberately neglected to provide enough bed space for. Our request is for an end to double ceIling in any cell less than "9 x '12" ft. in size. Our request is also for the conversion of at least half of the seg. cells into gen. pop. cells (specific wings, with electrical outlets, etc.). In addition, any double ceIling, until these changes are made, is to be done according to the considerations expressed in the above mentioned settlement, the cells (occupied now) are to include a foot locker for each occupant, a platform/rack for each occupants TV, a garbage basket for each cell, and night lights allowed to be purchased from any available vendor.

( 5 ) Showers - There are to be showers stalls installed for every shower head, with privacy curtains, and showers permitted at least 5 times a week, whether one attends rec. or not, and without regard to one being on loss of rec.

( 6) Sanitation - The plumbing, water, and waste system has to be fixed. Currently, We are forced to suffer the unhealthy odor of raw sewage almost daily, drink water that has visible metal/rust particles (Likely from the pipes), clearly seen in the bottom of our cups, daily. Lastly, the toilet seating is too small. No toilet seat should be so small or low that one's genitals touches the rim, walls, or water of the toilet when the person is seated.

( 7) Segregation & Treatment Center - No ones cell light is to be kept on 24 hours in punitive seg., but rather allowed to turn it out just as anyone else is in the population. This is not a security measure, but a punitive measure. When We are locked in a cell at night there is no more seeing in a seg. cell than in any other one. Moreover, before these new control seg. units were built lights were turned out in seg., just as any other cell, and there was no problem there, and it isn't now. In addition, those in seg. are to be allowed a phone call at least once a week, whether on T.L.U., prog. seg., or admin. seg.; allowed at least 5 personal books and allowed to exchange them once every 30 days; allowed visits behind a partition as opposed to on a video screen; allowed thermal tops in the winter, and shorts (for exercise) all year round; allowed visits from other prisoners (if requested) when going through a crisis, as well as contact visits from outside visitors (during crisis); provided a rec.~area for days when it rains or snows, and not simply be exposed to the elements; and all other conditions at least as compatible to WSPF/Supermax conditions, which is the "worst of the worst" and still better than the seg. here. Lastly, those of Us in the treatment center are to be allowed the same privileges and access as those in gen. pop. and are not to be treated as if We’re in seg.; and an inside prisoner-to-prisoner visiting program is to be allowed so those in gen. pop. can come visit their bedridden fellow Prisoners.

( 8) Conduct Reports, Hearings - There is to be an end to upgrading minor conduct reports to major ones; all cr.. hearings are to be recorded, just as Our phone calls are, as staff continually lie on Us and falsify what We actually say in our defense. Moreover, an oversight committee of non prison staff (such as an appointed committee from DOC headquarters, outside volunteers, etc.) must be established to investigate and address any allegation of staff abuse, or any cr.. alleging any exceptionally major violation by a prisoner.

(9) Phone Access - Phone access is to be provided for every cell house just as they are for the dorms. We should not have to choose between exercise and calling our family; and loss of rec. should not also result in a loss phone. Moreover, the purchase of phonecards should be allowed, just as they are in many county jails and prisons.

(10) Visits - Currently, the visiting conditions at this prison are hostile, antisocial, not family oriented, and is deterring visits as opposed to fostering them. Our request is for a kids playroom, visiting seating with side-by-side visiting as opposed to opponent style seating, the ability to hold hands and place arms around our visitors during the visit, a father and child visiting program just as the Mothers have at TCI, and for movement on the visit in a reasonable manner (vending machine, pictures, the john, and getting toys for the kids), as opposed to being forced to sit still for up to three hours.

(11) Prison-Pay - Our request is for a pay raise of a minimum of $1.00 an hour for any prison job, with a ¢.50 wage increase for pay-range advancements, and minimum wage for any industry job such as BSI. Moreover, Our request is for other projects to be established for Us to earn pay and privileges (such as Jaysees, talent contests, furniture building, :[food stuff at rec. and visits, etc.).

(12) Basic Cable - In a Dish on Demand world, internet, DirectTV, etc., Our request is for basic cable at a minimum; ie., ESPN, BET, MTV, TBS, a at least one movie channel (Showtime, Cinemax, or HBO). The prison already has the capability to allow these channels in, but if necessary We should be allowed to raise the money for the cost of it. Moreover, many Prisoners have Spanish as a first language, and some have it as an only language. For this reason, there should be at least 3 Spanish channels for those who don't have English as a first language.

(13) Cassette Tapes/CD’s - Most prisons in Wisconsin are in rural areas with very limited radio selection (mainly rock or country, while hip hop is arguably the most popular music to date), and the selection is so limited even in areas such as Green Bay. Music is recognized as being therapeutic, and is even said to ‘calm the savage beast'. We must be allowed the purchase of cassette tapes and CD's for this purpose, and educational and religious purposes. Walkmans and I-pods should also be permitted.

(14) Weights - In 1994 free weights were taken from Us, without any consideration of alternatives. However, there are some, and they are hereby requested. That is, that the free weights be brought back, and that they be made stationary by welding the free weight plates (a job We can do) to the bench & curl bars, and even have some of them chained to posts or the floor, as a few already are at WCI. Additionally, those in the Dorms are to be permitted to workout in the Dorms, there is ample space for them to do so, and the prohibition against it is punitive, not a security risk, and is therefore unacceptable. .

(15) Publications - We are adults, in an adult prison, doing adult time. Inherent in the word adult is what it defines: mature; grown-up; of or for adults (Oxford Dictionary & Thesaurus, p. 12 (1997) ). With that said, We are to be allowed to purchase publications of Our choice, whether of an unpopular political nature, sexually explicit nature, about hip-hop culture or Hitler. This is the world in which We live, and the current practice of placing Our minds in a steel box, confined from any exposure to these aspects of the world is not in Our best interest, and has less to do with security, and more to do with punishment and absolute fascist control. This access We need in furtherance of being accurately informed of, and able to relate to, the world around Us, particularly after Our exile from it - in many cases for over a decade, in some cases several.

(16) Legal Routes - We need a legal route system here, to be able to assist one another legally, considering the prison does not provide legal assistants for Us. This system is already at many prisons, and it allows Us to forward one another legal documents and files through inner-institution mail. We aren't even making enough for personal expenses, so few of Us can afford the postage to mail legal files back and forth, and the prison is so segregated and library access is so limited that We send one another legal files in order to get assistance.

(17) Library Access - Access to the library in general, and law library in particular, is ridiculously inadequate. Our request is for night library to help improve access, and for those on a deadline to get at least two hours in, not counting any hour one has to spend on another's deadline which is used assisting that other person.

(18) Dining Hall Time - We aren't being given enough time to finish Our meals. Wolfing food down is unhealthy, and unacceptable. Our request is for at least 30 minutes for every meal.

(19) Mail Delivery - We want mail on everyday the mailman delivers it. Our was allegedly suspended "temporarily", due to a specific staffing shortage at a specific time, and was to resume immediately thereafter. That’s been over two years now. This is the type of abuse of authority and disrespect that is unacceptable. Mail is Our access to the world, and We want Ours on Saturday and every other day it's delivered.

(20) Picture Exchanges - Our request is to be able to send each other pictures, as We have done for decades before the oppressive ban. Many of Us have no family out there to write Us and send Us photos, and rely on correspondence amongst one another. This ban must be lifted.

(21) Cultural Groups/Banquets - Our request is for the reestablishment of Cultural Groups, and Banquets allowed to be held by these groups where various families, . friends, sponsors, and community members can attend; and that We be allowed to form programs to give back to Our communities, such as through the donation of clothes to shelters in the areas We came from (clothes that We would otherwise have to destroy or send out), and other similar positive measures. This fosters family ties and rehabilitation.

(22) Humanity Training - Our request is that staff be required to attend humanity training to train them how to speak to people in a respectful manner, without the barking and unnecessary confrontational postures, which are accidents waiting to happen.

(23) Shakedowns - Our request is that all shakedowns/searches and seizure of Our property be documented, whether done in a cell or outside of it; and that We be given a choice to send out any items taken from Us or fight it through the ICRS or disciplinary process as DOC 303.47 (appdx.) states: "the inmate's property is not confiscated. Property is disposed of or returned in accordance with DOC 303.10." Currently, staff is taking property from Prisoners, claiming it's contraband, and then using it for themselves (such as food) or even giving it to other Prisoners, even paying informants with it.

(24) Smoking - Those who wish to smoke should be permitted to smoke outside. Prison life is stressful, and smoking is one means many use to relieve that stress; arguably unhealthy, but a better means than releasing it on others, and in a way in which those who don't smoke aren't affected.

(25) Canteen - The canteen prices are too high for the pay We receive, which has decreased while prices have went up. $20.00 today doesn't even fill up a canteen bag if one has to purchase hygiene items with it. This means that many of Us don't go to canteen regularly. When We do go We need to be able to stack up to a reasonable degree, and be allowed to purchase at least $50.00 worth of canteen a week. We are requesting this, and also to be allowed to purchase at least 4 bars of soap a week, and 25 single stamps, and 4 deodorants and toothpastes.

(26) Passing of Items - many of Us don't have the means to buy Our own personal effects, and friends and even relatives in here who try to assist Us, but this is prohibited while the institution itself fails to do so for many needed items (such as postage, deodorant, hair products, etc.). Our request is to be able to pass a reasonable amount of items to one another, and that the tier tenders be allowed to do so as well. This is often done anyway, but only leads to problems with items being gangstered by staff, thrown away, or lost in the process.

(27) Attire.- Our request is for at least two pairs of shoes, so We can have a pair to exercise in and a pair to where on visits. Our request is also for at least one pair of jeans to where on visits, a jeans shirt to go with it, and other t-shirts/sweatshirts and shorts of any color We choose, and to be able to wear Our shirts outside Our pants as have been done for decades before the ban. None of this was a major problem then, and isn't now. This is an unnecessary exercise of control upon us. We are adults, not kids.

(28) OSHA & FLSA - Our request is that all prisons comply with OSHA (Occupational Safety and Health Administration) and FLSA (Fair Labor Standards Act) which is not currently being complied with.

(29) Free Stamped Envelopes - Our request is for at least three (3) free stamped envelopes a week, as was done in the past, due to the poverty in which We are held, so We have enough to write Our family, friends, and the court.

(30) Prisoner Committee - Our request is for the reestablishment of the Prisoner Committee, to be elected by Us, and not appointed by staff.

A DAY OF CRITICAL RESISTANCE IN MILWAUKEE
DR. RUTH WILSON GILMORE VISITS

The Milwaukee community was fortunate to host a lively pair of panel discussions on April 14th addressing the themes of “Holocausts and Healing: Race, Globalization and the Prison Industry.” Ruth Wilson Gilmore gave the keynote speeches at both events. Dr. Wilson is an associate professor of geography at the University of Southern California and recently wrote the book, Golden Gulag: Prisons, Surplus, Crisis and Opposition in Globalizing California. She is also a founding member of Critical Resistance, a national organization dedicated to struggling against the expanding prison industrial complex. The panels were mainly organized by Corry Joe Biddle, director of America's Black Holocaust Museum, and Jodi Melamed, assistant professor of English at Marquette University. One panel spoke at Marquette in the morning and the afternoon panel spoke at the Black Holocaust Museum. Adding their perspectives to the panels were local community educators, a professor from UW-Madison, grassroots activists and state and local officials. I report here on just the morning session at Marquette, mostly on Ruth Wilson’s presentation.

The morning at Marquette was intense, information-filled and mind-expanding, but it was extremely rushed. Ruth Wilson's plane had malfunctioned, and the organizers had to scramble to get her on a plane to Chicago. She then drove to Milwaukee. The session was scheduled to go from 11:00 a.m. to 12:30 p.m., and at 11:00 Dr. Wilson was still racing down I-94 from Chicago to Milwaukee. She arrived at about 11:40 and still somehow managed to put on an effective, intelligent and spirited presentation. Reggie Jackson, lead griot at America's Black Historical Society Museum, and Pam Oliver, chair of the sociology department at UW-Madison, both spoke well before Dr. Wilson arrived.

Dr. Wilson first showed us a California Department of Corrections map of prisons in California. The map shows 98 major prisons, and the “smaller” prisons, with prisoner populations of say, 500 instead of 2500, are not even included in that number (and not on the DOC’s map). Dr. Wilson pointed to the categories of “people, money and land” -- and the government's ability to organize these things into the biggest prison building project in the world.” Dr. Wilson also talked about prisons being made up of “surpluses”, and in particular, “surplus” people. She is from L.A., where, like Milwaukee, the numbers of manufacturing jobs (and the other kinds of jobs that accompany them) have decreased substantially. Reggie Jackson had statistics when he spoke: 120,000 manufacturing jobs in Milwaukee have decreased to 34,000. There is a gap of 88,294 between the numbers of jobless people and the number of available jobs. That is, there are 88,294 folks for whom jobs simply do not exist. The people squeezed out of those labor markets are “modestly educated men and women in the primes of their lives,” those who would be “making, moving, growing and caring for” things. (Dr. Wilson) These are the “surplus” lives that make up U.S. prisons.

Dr. Wilson spoke quickly of some of the history behind the phenomenon that all social problems in the U.S. are now conceived of as “crime” and the solution to all problems therefore imprisonment -- mass and growing. As Dr. Pam Oliver said when she spoke, before the civil rights movement and the urban riots of the early 1970s, politicians were not accused of being “soft on crime”. Crime was not a political issue. But in the ‘70s we began to see civil rights activity criminalized, from sitting at lunch counters to more chaotic political unrest.

Some of the factors that play into this criminalization of social problems in the U.S., both historically and currently, include slavery, the expropriation of American Indian land, Jim Crow, residential zoning and the labor market structure. But another critical factor is a belief that has become central to U.S. culture that “the key to safety is aggression.” This of course is not a natural belief but an inculcated one. In Dr. Wilson’s words, the cultural belief in “the perpetual enemy who must always be fought but can never be vanquished” is a controlling factor in the need to find, label and imprison “criminals”.

Dr. Wilson spoke of how well-studied and proven it is that saturation policing does not create stable communities. She also referred to studies in which rural counties that did not turn to prisons to solve their economic problems are doing better than counties who tried to solve their economic problems by prison-building.

About the economic history of the U.S., Dr. Wilson talked about the development of corporations taxing themselves to protect the idea of capitalism -- by providing security for some of the people in society (excluding black people, brown people, most women, agricultural workers, people with the wrong politics). As corporations pulled the plug on providing this security, stopped taxing themselves and began moving more and more operations outside of central cities and out of the U.S., corporate-influenced media explained new cultural unease and anxiety by pointing to “the welfare state” -- essentially code words for the poor, including coded language for people of color -- as the ones who were draining the economy.

Dr. Wilson closed her morning talk by asking “Who Cares, Who Cares, Who Cares” about these problems and by showing some positive attempts at solutions she had witnessed. One was reaching out to environmental justice activists. This makes sense because, first of all, prisons are geographically toxic presences in such otherwise beautiful places. I remember myself being so struck by this the first time I drove to Boscobel, connecting with the absolute beauty of the landscape, and then saw the prison there, stuck like an oozing scab on the land. Really, think of any aerial photo of any prison you have ever seen. Second, each prison is like a city unto itself, where dysfunction rules and runs things, seeping into everyone’s human nature who is imprisoned or works there -- a poison. And then, of course, there are often so many tangible chemical poisons in the land and water near prisons, whether we talk about the buildings being built on uncleaned-up toxic land and/or near polluted water, or whether we’re talking about the prisons’ functioning actually creating hazardous toxins in the environment.

Dr. Wilson showed us slides of a talking session (after some event I think) where, instead of folks asking questions of speakers or talking about the problems, organizers asked people to stand up and say what they do about the problems. This brought out some shining positive stories.

One more activity involved giving people $100,000 in fake bills and arranging on the walls places for “Housing”, “Art”, “Health”, “Education”, “Policing” -- and then asking folks to distribute their money.

I am definitely going to check out Ruth Wilson-Gilmore’s book and urge others to do so.

-- Melissa Froiland
Milwaukee

TAG, WE'RE IT!
by Prisoner X - Jokehill Correctional

Heavy is the pen exploring the "whys" of the federal funding fueling the prison industrial complex. It has become nothing but a "tagging" process for the government. The catalyst for the process is interesting, but the reasons are frightening and sovereign.

For many the first strokes of writing on the wall was when Tommy Thompson issued a directive to DOC to block the release of violent offenders. He also acknowledged it was illegal but directed DOC to find legal ways to affect it. It didn’t take long for it to also engulf all prisoners regardless of their offense. It made no sense for him to put himself out-there like that by instructing DOC to create legal ways to perform unlawful acts. The guy is a professional politician, so why would he do that?

Over the years I have read much about the Thompson fiasco, the new rules, the new-new rules, and the effects people are finally starting to realize, the outrageous judicial suppression preventing challenges to the process, all of it. But the bigger picture still is not coming into focus yet for most. I have been predicting all of the effects of the ex post facto punishment since the early 90's, and knew people would rue the day the obscene truth became undeniable in their lives. I even elaborated on the effects of the policies and rules in letters and document mailings to numerous legislators, State Representatives, Senators, various agencies supposedly overlooking the madness, and in many legal briefs to the Judicial arm during litigation through all the state and federal courts, but the message was ignored all the way around. Again, why?

The increasing number of complaints about some of the effects -- not allowed to take treatment programs, the subsequent parole preclusion, etc. -- shows an awareness of the problems in the way the system is designed. But it is time people take notice of the bigger picture and understand what it is they're looking at. The bigger picture is nothing short of awesome, and perfectly strategic. I even predicted it would occur so subtly that people wouldn't catch on until it was too late. It probably already is.

The catalyst is 42 USC §13701, et seq., which became law as Thompson was issuing the directive to DOC. It provides for billions of dollars in federal tax fisc in the form of grants to the states for doing things like creating parole rules and classification rules which conflict with one another to create a catch-22 which, consequently, precludes parole. It also provides grant funding for states to create more administrative rules, municipal laws and codes, penalty enhancers, and other nonsensical statutes like Truth In Sentencing. The "85%" figure has its genesis in ~ §13701; when a state can show the FBI they are making prisoners serve at least 85% of their sentences they get the grants. Same thing for all the counties, cities, towns and villages increasing arrest rates and conviction rates. It also provides for the unbridled expansion of existing prisons -- new x-buildings, new segregation units, new program facilities, as well as the conversion of existing buildings into prisons. The federal appropriations statute (§13701) does even more than this. And Congress provides all this for a system that has more than proven itself not to work. Why?

One reason is obvious when focusing on the bigger picture; the prison industry is providing a service and very necessary function for Congress. They pay big for the states to create more laws, essentially creating crimes where there were none before. These laws even target younger groups of people -- truancy laws for school children which allow school officials to refer kids to prosecutors for tagging -- and sweeps up all other sorts of people who are not really criminals. All these people are guilty of is not staying in the additional lines designated by the government. And why would Congress need to have this information on its ordinary citizens?

The "why" has to be kept in context with and attributed to the bottom line governmental political and global agenda, and the fact they realize that the American Empire will fall in time. History has taught us that all empires are inherently unstable, mainly because they inspire enemies rather than allies, and people naturally seek to live free of their influences. But empires fall as they must, there is nothing greater to aspire to; examine Rome, Byzantium, the Ottomans, Japan, et aL Those in power need to know who will likely revolt, who has the capacity to organize, to motivate, who can use weapons effectively, who has them, who has the resources and wherewithal to finance and sustain opposition. By creating more lines and boundaries the government can and will tag us all. They have to. And it's nothing personal; the empire only recognizes itself, and cares not one iota about wasting massive amounts of humanity. It has nothing to do with "corrections" or crime, although that's the spin the government has the media put on it.

Some readers will likely conclude this author is just an alarmist with an axe to grind. Inasmuch as the axe continues to be honed, and I feel everyone should at least be aware of what is coming at them, I simply say educate yourselves to the government's own statistics. Even the backdoor statistics are striking,if not alarming. The number of people released from state prisons each year has been steadily increasing because of the increase of those coming into the system for tagging. In 2007 the numbers will climb to nearly a million releases from prison. Moreover, there's an estimated nine million individuals released annually from US jails. The numbers are staggering -- this is an annual process occurring each and every year. People are being tagged at an unprecedented rate, and as the world population increases, so too, the government has to step it up even more if they're going to stay on top of their game. No matter the senseless-ness, no matter the cost.

Even with the many billions of dollars Congress has allocated for the states
to expand the tagging industry, there are huge financial problems being realized by each individual state. Those fiscal problems are met with short-sighted solutions at penny-pinching, many of which will make prison life much more intolerable. It's basically open season on prisoners these days. The media continues putting a negative slant on everything remotely dealing with the notion of crime. Prisoners and their families have no constituency or political clout. Term-limited legislators, looking for any chance to appear tough on crime have little to lose. Any idea to cut costs without closing prisons, no matter how whack, will get a hearing. '!heir purported solutions to the financial problems will all inevitably lead to harsher conditions of confinement. We will soon see massive cuts in wages, food, programs, treatment, health care, and other necessities. And that, in turn, will inevitable lead to endangered health and safety for all concerned. these places are destined to become some of the most dysfunctional and dangerous places on the planet --- warehouses that evict convicts unprepared foc anything constructive or worthy. What to do. What to do, indeed. Responding to the above will take rare virtues in politics, common sense and courage. (continued)
TAG - continued
A great deal could and would be accomplished if people focused more on the monstrous beast that has us in its belly. The beast needs us to exist in its present form. There is a lot to be said about the evasive quality of solidarity -- the role it used to play, and the role it must play in the future. People must solidly unite and ponder the proposition of doing nothing. Think about that. If people just did nothing -- just stuck their miserable hands in their pockets and refused to do anything -- the system would change within a month or two, tops. The system cannot possibly sustain itself without prisoner labor, and would be forced to reduce the prison population by half with a quickness, or go broke spending all their money for blueshirts and whiteshirts, social workers, secretaries and other staff coming in to do laundry, prepare and serve food, do maintenance, and the like. If you want to see how much power you have, just put your hands in your pockets and learn something. The power of not doing anything eludes most prisoners. Most don't see that the reason for that lack of power has been and is being conditioned into us.

There must be unity and solidarity if any struggle against systematic abuse if it is going to succeed. And if people are going to fight a thing that is worth fighting, they must go for the source of the problem instead of attempting to deal with the symptoms of the problem as so many people currently do. The only thing which separates the makers of history from those whose histories are made for them, is the power to alter their environments, the power of change. We will still be tagged upon release and that’s where a greater struggle awaits us. We need to de-condition our friends, neighbors and children. Get the children out of the public schools, educate them to what matters most in the world, teach them to become self-sustaining, to grow their own food and livestock, and become people of substance, free thinkers with integrity enough to stand up. It can start with nothing; put your hands in your pockets.
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Liberty has never come from the government. Liberty has always come from the subjects of government. The history of liberty is the history of resistance. The history of liberty is a history of the limitation of governmental power, not the increase of it. Woodrow Wilson
TRIP TO U.W. HOSPITAL AND CLINIC
by Charles Coogan

At 3:00 am, wakened by a prison guard given a bologna sandwich for breakfast. Taken to a shakedown area and strip searched being careful not to rip open my strangulated hernia, which has now turned blue and other shades of yellow. Now come the handcuffs and leg shackles with a chain around my waist and placement of Federal cuff blocks.

Can all ready feel the cuffs digginq into my wrists and legs.

Two hundred miles and three hours later we arrive in Madison at the U. W Hospital and Clinic.

UP to the sixth floor strip searched once again, this time one hand is allowed to be free.

It is now 6: 15 am.

Placed in a 15 ft. x 15 ft. waiting room with 20 other inmates with one bathroom.

My appointment is at 3:00 pm. in the afternoon. --

Noon time another bologna sandwich. No wonder I have hernia from eating this crap.

Three o'clock arrives, thank God! Down to see the doctor. What's that you say doctor Shmuck, isn't here today, so we'll have to reschedule.

Strip searched again after returning to the sixth floor.

Five o'clock time to leave 14 hours have passed handcuffed and shackled, now another three hour drive back to prison.

Once again strip searched and returned to the institutional hospital and “how is your hernia?”

All I've got to say is I need some bandages for my wrists and ankles were the cuffs have dug into my skin, and an ace bandage to hold in my hernia because there is no way in hell I'm going down there again - not unless l'm unconscious.

“Here Mr. Coogan, have other bologna sandwich.”

If that isn't cruel and unusual punishment I don't no what is.
“GRIDLOCK"
Timothy Olinger -Redgranite

Insufficient time ...lack of program participation. These are just a few of the superlatives constantly echoed throughout the Wisconsin Prison System, for those of us who languish under the ambiguous cloak of the "OLD LAW"!

As a good portion of us enter into our respective 14th ...15th, and 16th year of incarceration; most of us have become pessimistic, and somewhat embittered with a system that continues to contradict itself. Have the powers that be simply lost their way!? Or have they too become overwhelmed by the sheer gravity of it all? The cliché' commonly used amongst politicians today ..."Pass the Buck"! As we witnessed our only relief disappear with the dubious resignation of Mr. Lenard Wells, which left those of us under the old law, reeling in a sea of apprehension and despair. (Meanwhile)...we tentatively wait for Mr. Alfonzo Graham to embrace his position, and confidently carry out the arduous task that lay before his office.

Even though Mr. Graham hasn't said much; his silence speaks volumes. In the wake
of this "Pass The Buck" mentality, we are left at the hands of unqualified, and unscrupulous individuals, their capricious whims, and their twisted justice. These people sit on committees, parole boards, and other functions within the DOC, charged with the responsibility of moving people through the system
in a fair and timely manner. Yet it is at these levels of Corrections, that prisoners experience the greatest frustration, and the wheels of so called justice, come to a screeching halt! The social workers have virtually been rendered ineffective, and their power of recommendation, fall on deaf ears. Here at R.G.C.I.., PRC has slowly and meticulously become just a mere formality. Since the inception of Truth In Sentencing January I, 2000, the parole board exist for one purpose only:
to deal compellingly, and successfully with those prisoner doing time under the guise of the "Old Law". Yet the parole commission has failed miserably in this capacity. Webster's Universal Dictionary, defines "GRIDLOCK" as a major traffic jam in which all movement comes to a stop because "key" intersections are blocked. A complete stoppage of normal activity.

continued next page
Gridlock - continued

With very few programs, and the notion of rehabilitation, just that, a notion ...what incentives are there for prisoners!? Politicians like State Sen. Scott Fitzgerald, proposed that the DOC simply send prisoners back out of state, and build more prisons. In my opinion the equivalent of putting a bandage on a gunshot wound.
As it stands, no one wants to stand up and take the responsibility for this huge debacle. It’s ironic that the onus of responsibility falls on the of the prisoner as it rightfully should. But what of those who preach these philosophies? Are they exempt? Are they held to a different standard? Or are their words simply filled with aberrations, and half truths!? Who knows? But those who know! This is not a one person job, and until those people courageously, effectively, and fair-mindedly step in ...the system will remain in "GRIDLOCK"!

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The Ten Contradictions
by Carlos Abadia, RGCI

1. They want us to become responsible but they remove us from all responsibility;

2. They want us to be positive and constructive but treat us with negativety and hate;

3. They want us to be trustworthy, so they put us where there is no trust;

4. They want us to be nonviolent but they treat us violently;

5. They want us to become kind and loving people but they subject us to hatred and cruelty;

6. They want us to quit acting the “tough guy” yet they treat us with toughness;

7. They want us to quit exploiting but they put us where we are exploited;

8. They want us to take control of our lives yet they make us totally dependent on them;

9. They want us to become part of the community yet they isolate us from our loved ones;

10. They want us to gain self worth but do all they can to degrade us.

A note from Moso

Dear Comrades,

I assume a lot of Brothers didn't get the last issue of PAC, as it appear the DOC is attempting to now block access to this publication. At Waupun, all issues were not allowed, so we are exhausting our Administrative remedies and will be taking this to court. We may need to make this a class action, depending on how wide spread this action was. I know it was allowed in several other institutions, but in individual cases, it was not at those same Prisons. So for anyone who was not allowed to receive last months issue, you should contact me if you want to be a part of
this case. The person named on the denial slip, was Mr. Westfield, and he is the Security Director for the entire DOC. So how did he made the decision to deny the publication at this institution? Or is it that he has issued a State Wide Prison ban. So I won't know until I get some feed back. Everyone here at Waupun is on board to get this in court once our administrative remedies are exhausted. So if there is anyone else out there, let me know.

As expected, the DOC is getting spooked, once they see us waking up and getting our friends, loved ones and fellow comrades "Politically" involved and being a counter balance to those forces who feed off other people's suffering and misery.
It was unfortunate what occurred in Green Bay, as the concerns should have been addressed with public support first. Those issues is exactly what we try to accomplish through our political actions. Now they will exploit it and use the situation in their favor. they have the propaganda machine, so what ever they put out, that's what the public hears. If we had our act in order, we could have gotten the truth out to the public. But some of our comrades are still not putting as much effort into this cause as could be done, so we are making only slow progress. We need the numbers. We need you to get in touch with your family members and loved ones and friends, so next time when they want to hold a news conference and talk about how Dangerous Kenneth Georden is because he is getting released after serving thirty (30) years, because some Cop tried to play hero, we will have someone who will have the other side of the story. Now, we have no voice or advocate. Now is the time, as the Political winds are changing, and all we need now is to get our act together, we can get some good things happening. There is a proposal now asking the Governor to start a Review for possible Pardons for inmates who have served over 15 years on non-life sentences. They understand this argument of slacking up on the so called, first time, nonviolent offenders, ain’t gonna work. Sorry to say that I but some of this new generation, is only gonna get worse, so they will need some time in PRISON. It is the older Prisoners who really can get out and do some good. So we are asking the Governor to look at some of these inmates who were caught up back in the middle 80' s and early 90' s, who got caught up in the middle of this Conservative Extreme Right Wing Conspiracy, when they were routinely over sentencing people as part of their agenda to reduce the population. A lot of this agenda has been exposed now with the winding down of this Bush administration.

So Comrades, I again hope you will spread the word and get your people involved. Hopefully, PAC will have a contact phone, where your people can contact.

On the latest legal news, there was some good news for those who know him. Manuel Cucuta ~Qui-Qui" got his case reversed on a double life Sentence, without Parole. State V. Cucuta, Case No. 2005AP777. The court ruled that if a portion of the trial transcripts are missing, or in his case, was not even recorded, the Trial Court must attempt to reconstruct that portion of the unrecorded proceedings, and if it cannot be done, the defendant is entitled to a new trial. We prosecuted his Habeas action pro-se. I'm sure he will be a asset for the good fight.

No Justice,
No Peace,

One,
Moso

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The shepherd always tries to persuade the sheep that their interests and his own are the same: Marie Beyle
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The jaws of power are always open to devour, and her arm is always stretched out, if possible, to destroy the freedom of thinking, speaking, and writing: John Adams

Oppression Is!!! by Kamau TZ Damali

2006-12-07T17:57:00.000-08:00

Oppression Is!!!
By Kamau Tebogo Zulu Damali

Oppression is slave boats, shackles and bloody whips; sick infants being tossed out of ships, women being raped, men being eviscerated -- wizened to wimps;

Oppression is the mugging of Alkebulan/Afrika, Asia, Australia, and what is now known as the Amerikas;

Oppression is HIV/AIDS orchestrated by by Europe to destroy entire villages and to orphan millions of children;

Oppression is rapacious pale faces with blue eyes, lost Black Brown, Red, Yellow men strapped with tech-nines and abused little babies with never ending cries;

Oppression is the United States House of Representatives, where bills are passed to manufacture more prisons, to keep the wealthy ones rich and the poor ones in check by way of Truth-In-Sentencing;

Oppression is the U.S. military invading nations in the name of democracy and liberation, when its true aim is plunder and subjugation;

Oppression is the heinous molestation of young precious children, the horrific discrimination of all women and the systematic marginalization of poor people;

Oppression is the death penalty, where hundreds of innocent people reside, where close to a thousand, over the years, have met their demise, where government decides who dies; what week, what day, what month, what year, what time;

Oppression is the FBI and DEA, who infest economically disadvantaged communities with drugs and guns to justify modern day slavery;

Oppression is immense hunger and starvation, utter poverty, unemployment and Kapital exploitation;

Oppression is Police brutality: violent beatings, excessive shootings, racial profiling, false imprisonment -- and they claim to serve and protect humanity;

Oppression is the Department of Corrections, where injustice, persecution and repression is the normal practice;

Oppression is the United States Government.... Yeah, That’s what oppression is!!!

comments to the author:
Raynell Morgan #279380
WSPF
P.O. Box 9900
Boscobel, WI 53805

November New Abolitionist

2006-12-07T17:51:00.000-08:00

Friends,

Two months have passed since we last spoke and it seems as though nothing has happened. We have a few new legislators and some new faces in Government but the more things change, the more they remain the same. Doyle and Green were tripping over each other during the campaign each posing as tougher on crime. During the televised debates, neither would address the issue of an overcrowded prison system that is growing every day.

The last New Abolitionist presented a list of bureaucrats and functionaries that we suggested you write to every week. Don, one of our readers wrote back with a needed dope slap. He said that writing these people is actually disem-powering as it confirms our status in the hierarchy; it reenforces the power structures and buys into the illusion that reform is desirable. He also sent along a quote from a 1970’s French anti-prison group that carried out many daring tactics: “Reform is the continuation of repression by other means, it increases the efficacy of social control.”

We appreciate Don’s reality check. Sometimes we get so caught up in fighting the inhumanity inherent in the prison system that we begin to think that any curbing of the brutality is a success. The truth of the matter is, even talking to the oppressor is a concession that degrades us.

Don’s point is that we have allowed the dominant morality (which is imposed by the ruling class) to shape our reality. Morality, religious doctrine and laws are transitory concepts serving the needs of the dominant culture and are used as a cudgel to bang the poor into compliance. Drug prohibition is used to ensnare the poor in “laws” that legitimate their oppression. Morality pressures the poor to comply with “social norms” which are really no more than the ingrained acceptance of the hierarchical structures. The primary function of morality in modern society is to protect the property and being of the wealthy.

It’s a real pleasure to have the security of a subscription base. More than 150 prisoners and/or family members have sent their financial support. Please continue to tell other comrades to send in support. We need more members. Not just to continue the newsletter; the newsletter is just a tool for a bigger project. Perpetuating the newsletter is not the goal and fund raising is a distraction that we would rather not deal with. Our goal is to build a solid base of active members who can pressure the powers that be.

Our good comrade Frank R. is out and full of ideas and positive energy. Despite his lifelong battle with the (in)justice system, he remains an optimist. He’s received great support and this will help him stay out of prison despite all the traps and hurdles set by the DOC and society. He’s described his first few weeks on page 2.

Comrade MoSo has sent us a more sobering perspective. He too wants to dispel the illusions of false hope. He sees no future in appealing to the courts as they are stacked against the poor. Our hope lies in the legislature.
We’ve included a few court decisions that went our way. They’re not “big class actions,” but they may represent a change in the tolerance level of abuse the courts have allowed. The 7th Circuit Court has compared WSPF to a Soviet gulag. Abu Ghraib might be a better comparison. A Federal Judge in Kalamazoo recognized torture too.

The decision as to whether the WSPF Settlement Agreement will continue, and whether the court will continue to over-see the institution will be argued on Feb. 5 -8, 2007. The 7th Circuit decision will not help the DOC and they are already in “damage control” mode, claiming that conditions have changed. Hmmm, and why should we believe you now? Judge Crabb has never visited WSPF. We think she should drop in unannounced one day

Ty Schissel has gotten a grand jury convened, looking into allegations of corruption at Stanley, the inconsistent evaluations for parole consideration, the classifying of inmates (max, med, min) and their placement, also, the department's refusal to provide information when requested under the open records laws. He has also filed suit against the former head of the parole commission and the director of inmate placements. His outside support was key to this “success.” We’ll follow this closely.

We have received more letters from guys who had been recommended for parole by a commissioner only to have the rug pulled out from under their feet by Alphonso Graham. We were planning a march in front of Graham’s home but weather and the lack of sidewalks in his cul-de-sac subdivision caused us to rethink this plan. The idea of embarrassing these people in front of his neighbors is one that we will continue to keep in our arsenal of tactics. Bill Lueders of the Isthmus in Madison wants to do a story on this parole abuse but needs a prisoner who comes from Madison. Nearly all the letters we’ve received are from guys in Milwaukee, so if you know of a Madisonian who has been abused by Graham, have them write our office. Gil Halsted of Wisconsin Public Radio wants to do another story on this and we’ve been helping him with research.

Frank R. and Frank V. were on WORT radio November 2nd. The call in show is called A Public Affair, hosted by Barbara Golden. We put it out there pretty well but the hour went by too quickly. We’re looking at the possibility of a monthly show devoted to prison issues called, The War at Home.

In September we wrote about our good friend Dawud Bracey who had fallen off the radar screen. As the newsletter went to print, word came that he had been killed by the Sauk Co. police. No matter what story you may have heard, Dawud was a good man, a devoted husband, a loving father, a devout Muslim, and active in the cause. He had endured a string of lousy jobs. He had tried to do all the “right” things. He suffered the internal despair of not being able to provide for his family. He was pushed over the edge by a cruel and heartless culture that punishes when it should help, that hates when it should love, and that kills when it should nourish. Peace to Dawud, we miss him.
in solidarity, PAC

My Journey from Prison to Home
by Frank Ratcliff

The experience of my release has been most rewarding. I am fortunate enough to have a great support team, that consists of peers, family members and friends.

Within 11 days I had secured both a part-time and full-time job and met more people than I ever had in a single day. My friends, Aggie and Edward, whom I refer to as my adopted parents not only opened there home to me, but their hearts as well, and hosted a coming home party for me, where many friends, supporters and neighbors welcomed me home.

As a result of the party I met a neighbor, whom I refer to as my adopted aunt, Hildegard, who has given me part-time employment. Another of my new neighbors, a former coach for Waunakee, who had some reservation about me and prisoners immediately became my friend, and offers me his unconditional support as do many
other neighbors.

Ed has introduced me to a new hobby, taking photos, and I've become hooked. I now walk the road taking many photos as I enjoy the beauty of the marsh and Gaia, enjoying the freedom of silence with all the beautiful creations that completes nature.

Prior to my release Ed, at St. Benedicts, asked for volunteers to join my support team, to drive me places I would need to go, and a number of people volunteered. I've met all of them and have found loving and caring friends, one a former priest, and two former teachers and Postal Service employees, both name Jeanne. One owns horses and the other manages apartment complexes.

My partner and friend, Frank Van den Bosch and I have appeared on WORT, 89.9 FM. We spoke about issues of reentry and other prison related concerns. We have also hosted a meeting at the Social Justice Center related to prison issues and will be hosting many more.

I attended a MAFAAC meeting concern-ing issues related to racism in schools, and I made the presence of racism known within our prison system, and that schools are failing the Black community and are the source of youths filling our prisons to create employment for those cities which farming no longer can provide an income.
My first Sunday home I attended St. Benedicts, and was welcomed by many people. I was introduced to the congregation by Ed and have found nothing but love and support.

On November 10, 2006, I visited with my partner and his wife who are dear friends and supporters. We hiked the woods and I took many photo's of its history and beauty. Frank, has introduced me to a variety of foods, taking me to ethnic restaurants, and together we attended a book signing, Back From the Dead, by Joan Cheever.

I attended a Holly Near Concert with Ed & Aggie, and we are now preparing to introduce some arts & crafts at the Waunakee Arts & Craft Show. The experience has been most rewarding and has kept me focussed on my goals.

I've had to disassociated myself with past associates and adopted a no tolerance attitude towards any association that might be destructive or inconsistent with the direction I must maintain to remain free and get things done.

I look forward to helping those I left behind while not hurting myself, and those who really want help. Keeping it real does not mean sacrificing one life to make another person comfortable. But it does mean doing what you can to help your fellow men and this I will do, as I can, so far as it doesn’t affect me from living a productive life, or add to the stress and problems I must face.

I am going to close this for now because much work is waiting. I am out and I have not forgotten you, and you must not forget yourself. It is time for you to be real with yourself, and time for you to step up to the plate and take responsibility for your future.

Some people write me requesting I make telephone calls for them to girls and family members. Some have made attempts to call me collect, and some have asked me to help with their case. I am well aware things are needed, but I cannot help in this manner. I cannot afford the cost of collect calls nor the time to make calls to family members, or add more to my struggles than I already have.

Being Real,
Frank

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"The more corrupt the state, the more numerous the laws." -- Tacitus, Roman senator and historian (A.D. c.56-c.115)

OLD LAW UPDATE

There is nothing much to report regarding the Old law Litigation. We are at a point which we need representation, because all the research has been completed. We also are at a point which we need the support of all Old Law Prisoners’ family and friends for the cause.

I have written several Attorneys and await their decision from each. It is sad that there are well over 11,000 inmates who remains in the system under the old law, and only 350 of them have join the struggle, and approximately 100 of them have subscribed for the newsletter to offer support, and many family members
and friends offers no support at all of PAC efforts.

Without the support with a strong demonstration of concerns it is useless for PAC to continue the fight for those who wont fight their cause, or support us.

Each time I reflect on Ohio, PA., Orgeon, and Virginia, states that have won the ex post facto issue related to parole, which is exactly like the situation we face, and seeing the number of people that were involved and support the cause, from prisoner, family of prisoners, friends, and those concerned citizens for justice, and to compare the support to what we have I am taken aback. I wonder if there is much more I can do or is it just people are content with the present situation and circumstances of injustices.

Therefore, I've come to the conclusion to push this matter to seek the answer. I am now preparing to organize speaking events to educate family members regarding this issue in every city we can. To do so, we will need family members, friends, and concerned citizens for justice to contact PAC to arrange an event at their church, homes, etc., where they could invite other concerned persons to hear what we have to say, and get more involved.

Some family members have expressed they will support the cause and we have yet to contact them, but now that I’m out here helping, we will be making those contacts and arranging meetings to address the specific issue.

In Solidarity,
Comrade Frank Ratcliff

NEW WORLD ORDER REQUIRES NEW WAY OF THINKING

Dear PAC Readers,

I'm writing this article to hopefully raise our level of consciousness to the struggle most of us face and to make you aware of who your enemy is. I also receive many letters from many prisoners requesting assistance in their endeavors, where they are still stuck in this frame of mind of filing these big class action law suits that's gonna change or help in their conditions of confinement or expose some great injustice in the system. Those days are over. The last of those type cases was that of Jones-El V. Berge. And even that, was one of the last in the country and was not suppose to happen.

There has been a underground conspiracy since the late 1970's by this group of White Supremist clothed in a political garb of the Right wing Republican Party and "Christian Coalition groups" that set into play a take over of the political system and put members of their conspiracy into key positions of power. We are witnessing the results of this conspiracy by the war, World Trade Center attack, the Welfare Reform, tough on crime, war on drugs, etc., etc. All these events and policies were planned to reduce the population of what's referred to as the "Useless Eaters" or "Non-producers". So to accomplish this, they had to convince the people to give up their Constitutional Rights. Just, as Hitler did in Nazi Germany. This "Document" stands in their way and is a source of frustration. This is why rather than just using blunt force, which they wish they could do, they have to resort to deception, lies and tricks to convince the people they are the good guys and what they are doing is Right and Godly. So in carrying out this conspiracy to control the Government and Political process, the first thing they did was conspire to take over the Judicial System. So they formed a group called the" Federalist Society" which compiled a list of Judges that showed promise to be the most extreme right wing and racist and unprincipled they could find and made arrangements to get them appointed to the highest Judicial appointments in both State and Federal Courts. This mission was recently completed with the most recent appointments to the United States Supreme Court of Alito and Roberts. So the poorer classes must now accept the fact that all avenues to seek Justice from these traditional branch of government, is over. There may be a few "Old School" real judges left, where some justice may be obtained in case by case basis. But in the big scheme of things, the Courts are closed. These people now on the bench are nothing more than "hit men" who are there to block you from obtaining any relief. This includes from your personal criminal convictions to prison conditions or Constitutional violations. If you show a law has been violated that will help you, their job is to change it and protect their government.

Most everyone still has this old way of thinking, that their case is different. That their case is stronger so that they will get justice and succeed where others have not. It’s this kind of thinking that keep us separated and un-unified. Everyone only see this struggle through their own individual case or situation and think it’s special. Well it ain’t, these people, your enemies, have completed their mission of stacking the Court System with these "Hit men" and they will be there for the duration of our life time, as they are appointments.

So our only avenue still open, is the Legislative body, or Political arena. It is through the Governors Office that, if you have enough political support, you can get your sentenced reduced by a commutation of your sentence. Or if you have been wrongly convicted, you can get a pardon or clemency. Even the Wardens of the prisons, are appointed by the Governor, so they are political appointees, so its through the political arena that you can get things changed for the better. So the problem is, you have to get out of this old way of thinking that it is the Court System that is going to save you. Going to the court now is like trying to go to Satan to complain about what one of his Demons have done to you. Your cries only give him laughter. So, your only hope is this last chance to unify in this cause that is now before your face and support this organization that is designed and intended to help you with a bigger and stronger voice in the political arena. We need your friends, family members and loved ones to all form under one fist and can then make some noise and possibly prevent your destruction.

Under the current Status Quo, no judge is gonna give you a Sentence Modif-ication, or reverse your conviction because of some error in your case, or honor the law and grant you relief for some Constitutional violation. The only hope you have to succeed is to change the law to where it is so clear, these fake judges cannot use their positions to undermine it and continue to carry through their evil agenda of completing your destruction. If you want justice, you must join this effort. All you gang bangers, gangsters and big time drug dealers, hopefully by now you realized you have been tricked and deliberately kept ignorant and mislead into walking into these traps. Now is the time to fight the real opposition. So send a copy of this paper to your people and all they have to do is send in their subscriptions so they can start getting informed and we can get this show on the road.

We need NUMBERS. these are the last days.

Word is Life,
One
MoSo,

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Judge rips Supermax as a 'gulag'
Court: Prison's treatment, punishment were cruel

By David Callender
November 15, 2006

A federal appeals court has likened conditions in Wisconsin's Supermax prison to the most punitive "gulags" of the former Soviet Union.

In a stinging 14-page decision, the Seventh U.S. Circuit Court of Appeals questioned whether the treatment of inmates at the Boscobel prison violated constitutional protections against cruel and unusual punishment. Writing for the three-judge panel, Judge Terence Evans described that treatment in the starkest terms.

"Stripped naked in a small prison cell with nothing except a toilet; forced to sleep on a concrete floor or slab; denied any human contact; fed nothing but 'nutri-loaf;' and given just a modicum of toilet papers - four squares - only a few times. Although this might sound like a stay at a Soviet gulag in the 1930s, it is, according to the claims in this case, Wisconsin in 2002," Evans wrote in the opening paragraph of his decision.

The court did not rule on the facts of the case, sending that portion back to be decided by a federal district court in Green Bay. But the judges said that if those facts are true, then the prison violated inmate Nathan Gillis' rights.

At issue in the case is the prison's Behavioral Modification Program, which is aimed at getting problem inmates to obey prison rules. In Gillis' case, prison officials said he did not sleep with his head where guards could see him, which they said was necessary to make sure he was safe.

For violating that rule, Gillis was stripped of his clothes, bedding, and all personal property and fed "nutri-loaf," prison food ground up and formed into a loaf.

Under the rules, Gillis could gradually earn back his clothes and other belongings if he obeyed the rules; if he did not obey the rules, he would remain indefinitely in his cell, naked, alone, and on a cold cement bed. The court ruled that the conditions "had an adverse effect on Gillis' mental stability.

"He heard voices telling him that 'these people were trying to kill him.' He suffered panic attacks, with palpita-tions, shortness of breath, and a feeling that he was going to die. He became suicidal. He inflicted wounds on his body and wrote the words 'help me' in blood on the walls of his cell," Evans wrote.

After guards saw Gillis' wounds, he was transferred to a mental health unit at the prison where he was placed on clinical observation "but the conditions of his confinement did not change," Evans wrote. Evans wrote that unlike other punishments, Gillis was stuck in the Behavioral Modification Program until he completed it - not just until he obeyed the rules.

The program "is different" from other punishments. "It is not simply a natural consequence 'automatically' growing out of a rule infraction. It is much more elaborate," Evans wrote. "An inmate who refuses to put on his trousers can correct the situation immediately by putting them on. In contrast, (prison officials) did not simply take Gillis' blanket away until he conformed with the rule. Once he received notice that he was to be put in the BMP, he had to complete the whole program. He couldn't make it stop."

Many of the conditions of severe deprivation and isolation described in Gillis' case are similar to those recounted in a 2001 class-action lawsuit filed by severely mentally ill inmates at Supermax.

Under a settlement, the state agreed to remove all mentally ill inmates from the prison, but said the use of isolation and deprivation would continue for other inmates.

Inmates are sent to Boscobel, now known under the settlement as the Wisconsin Secure Program Facility, from other prisons if they are violent, disruptive or do not obey prison rules.
Evans noted that it was unclear whether the BMP was still being used.

Gillis, he wrote, contends that the program is still in effect, while prison officials "with notable ambiguity, say that 'although the policy may still be in effect, the BMP program is no longer used'" at the prison.

Gillis' lawyers Pam McGillivray and Ed Garvey argued that if the federal district court sides with their client, the appeals court decision could have national implications on states with similar Supermax programs.

In a statement released today, Department of Corrections spokesman John Dipko said the department's attorneys are still reviewing the decision.

He added, "It is important to note that the issue before the 7th Circuit Court of Appeals was whether there are material disputes of fact between the parties. The 7th Circuit found that material facts are in dispute, and remanded the case to the district court for a trial. We take issue with certain points made by the plaintiffs in the case and will be prepared to state our position in court."

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Robert Jay Lifton, probably the world’s foremost authority on the psychology of genocide, has made it clear, before you can commit any mass atrocity, you must convince others and especially yourself that what you’re doing is not an atrocity, but instead beneficial. Thus, the prison system is not abusing prisoners, it is “modifying behavior.”

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Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe. Frederick Douglass
TIS UPDATE

The update regarding TIS is brief. Upon release I've been focussed on transition, and getting more involved with PAC. There has been limited time for access to sources I need to upgrade the information and finalize a decision regarding the legality of TIS.

My desire is to complete this by time of the next newsletter. However, Frank V. and I did attend a MEP meeting in which a forum on TIS was being organized. This TIS forum will be held on February 24, 2007. I will attend that conference and in the mean time I will be scheduling meetings with family members concerning this issue. However, for those with concerns they need to contact me at PAC by mail so the matter can be discussed and they will know how they can help and become more active addressing this issue.

I want to organize a committee, and then work out the tactics we would need to employ that would produce the best results. It is very difficult to do anything if no one will step up. Prisoners have expressed there desire to help, but without the right to vote, or freedom to speak with legislatures or write them they can do nothing, but family members who are outside and that have a legitimate concern should contact PAC concerning this matter, expressing desire to be a part thereof.
Many people write me requesting I contact their family members. Some express disappointment when I do not. It is difficult for me to help, keep myself secured with employment, complete research, deal with other responsibilities to keep PAC operating and my life focussed. If you want the help, then have your family write us at PAC. Express their concerns and willingness to be more involved. With that
I am going to close for now.

Your Comrade in the Struggle,
Frank Ratcliff

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THE OAKHILL LITIGATION

Case #06CV3417 relating to work release at Oakhill has been filed with the Dane County Circuit Court.

The court has ordered the DOC to file a return within 30 days to our writ. The documents were delivered to the Sheriff’s Office for Service of Process . It’s their move. We will keep you informed.

Prison inmate wants personal ad replies
By Declan McCullagh

A Wisconsin prison inmate says he has the First Amendment right to receive printouts of e-mail replies to his online personal ad.

The appeals court says the inmate's lawsuit against the warden of the Green Bay Correctional Institution can proceed.

What happened, according to court documents:
Jevon Jackson is an inmate in Wisconsin's Green Bay Correctional In-stitution, a maximum-security facility.

He's 29 years old, according to an inmate locator service, and has a personal ad page that describes him as "laid back" but also "very ambitious." The ad says that Jackson is incarcer-ated for armed robbery, weapons possession and homicide, and is scheduled for release in 2011. He's also been involved in prison writing pro-jects and has published poetry online.

In 2005, Jackson posted a personal ad on Inmate Connections, which charges between $31 and $57 a year to create and maintain a Web page. The company will print out and forward an e-mail response to the personal ad--called a "hook-up"--to a prisoner through the U.S. mail.

But the Green Bay Correctional Institution refused to deliver Jackson one of his e-mail printouts, citing state regulations explicitly forbidding it. Jackson then invoked the First Amendment in a federal civil rights lawsuit he filed himself against Warden William Pollard and Matthew Frank, the secretary of the Wisconsin Department of Corrections.

A federal district judge ruled that the non-delivery of the Inmate Connections printout was permissible. That decision was based largely on an affidavit from Daniel Westfield, the Department of Corrections security chief.

Westfield claimed that the regulations existed to, first, protect the public from inmates who will "victimize a person that may be susceptible to manipulation from an inmate with criminal intentions." Second, he said, they promoted "efficient management and preserving scarce resources" that would be depleted by the delivery of a possibly large volume of Internet materials or e-mail responding to inmates' Web pages.

As a side note, Wisconsin state regulations permit handwritten responses to Web personal ads, and computer printouts of letters that are not generated in response to personal ads. What's prohibited are printouts of incoming e-mail that are generated by sites like Inmate Connections.

Jackson appealed his loss to the 7th Circuit, where he was met with a warmer welcome. A three-judge panel said that there was enough of a legitimate First Amendment dispute to let this case proceed, threw out the lower court's ruling, and remanded the case for further proceedings.

Excerpts from the opinion by the 7th U.S. Circuit Court of Appeals with case citations omitted:

He also argues that there is a genuine factual dispute over whether the regulations prohibiting inmates from receiving e-mail responses to their personal Web sites are rationally related to the penological interests of protecting the public and preserving prison resources. We review the district court's grant of summary judgment de novo, and examine whether the moving parties--that is, Pollard and Frank--demonstrate that "there is no genuine issue as to any material fact" that they are entitled "to judgment as a matter of law."

The district court, however, erred by granting summary judgment to Pollard and Frank on Jackson's First Amendment claim regarding the non-delivery of the Inmate Connections letter. Inmates retain a First Amendment right to receive information through the mail, but it is a right that can be restricted by prison regulations that are "reasonably related to legitimate penological interests." Although the ultimate burden of persuasion with regard to the unreasonableness of a regulation resides with the inmate, the defendant administrators must "put forward" the legitimate governmental interest alleged to justify the regulation, and "'demonstrate' that the policy drafters could rationally have seen a connection between the policy and (that interest)."

Protecting the general public is a legitimate penological interest, and we afford great deference to prison administrators' "expertise" when they proffer such justifications for prison regulations. But a regulation cannot stand if "the logical connection between the regulation and asserted goal is so remote as to render the policy arbitrary or irrational."

Under these standards, Jackson has raised a genuine issue of material fact as to whether the regulation prohibiting delivery of printed e-mail responses to personal Web pages rationally advances the goal of protecting the public. It is undisputed that DOC regulations allow inmates to: (1) have personal Web pages; (2) receive handwritten correspondence in response to their personal Web pages; receive Internet materials and e-mail unrelated to personal Web pages so long as they are printed on 8 1/2- by 11-inch paper; and (4) communicate with the general public through other pen pal organizations. As Jackson points out, this evidence shows that inmates can potentially manipulate the public: (1) through their personal Web pages; (2) by soliciting and receiving non-electronic responses to those Web pages; (3) by responding to other e-mail deliveries unrelated to personal Web pages; and by otherwise contacting the public through existing pen pal organizations...

Also in genuine dispute is Westfield's conclusory assertion that the regulations preserve prison mail room resources by ensuring a low volume of mail. At least one federal circuit court has rejected this justification on the ground that prohibitions on receiving Internet and e-mail printouts are, by themselves, an "arbitrary way to achieve a reduction in mail volume." Jackson's experience reveals the arbitrariness underlying the regulation at issue here--he received three handwritten responses to his Inmates Connection profile but just one (undelivered) e-mail response. Westfield's unexplained conclusion that allowing hard-copies of e-mail responses to Internet profiles might increase mail volume, while allowing handwritten responses would not, fails to eliminate the factual dispute created by Jackson's personal experience. Under these circumstances, there is a triable issue as to whether banning e-mail responses preserves prison mail room resources in a non-arbitrary manner.

We accordingly...VACATE and REMAND the court's grant of summary judgment as to Jackson's claim regarding the non-delivery of the Inmate Connections letter.
Inmate’s Death in Solitary Cell Prompts Judge to Ban Restraints

By LIBBY SANDER

CHICAGO, Nov. 14 — Shackled to a concrete slab, Timothy Joe Souders spent the final days of his life naked and lying in his own urine, sweating through temperatures higher than 100 degrees in an isolated prison cell.

Mr. Souders, 21, with a history of severe mental illness, died on Aug. 6 after four days in a segregation cell at the Southern Michigan Correctional Facility in Jackson. His death led prison officials to revise restraint policies for unruly prisoners, limiting “top of the bed” restraints to a maximum of six hours.

This week, a federal judge in Kalamazoo, Mich., said the revisions were not enough. Scolding officials for failing to provide adequate treatment to mentally ill inmates, the judge said Monday that the conditions leading to Mr. Souders’s death constituted “torture.”

“You are not coat racks who collect government paychecks while your work is taken to the sexton for burial,” Richard A. Enslen, a senior federal district judge, wrote. “If a patient does not receive necessary medical or psychological services, including medicines and specialty care, it is not his problem, it is your problem.”

Judge Enslen ordered an immediate ban on punitive restraints in three Jackson prisons holding 4,500 inmates. The court has been monitoring those prisons as part of a 1985 consent decree.

Medical experts cited in Monday’s ruling have speculated that Mr. Souders died of dehydration, though an autopsy report is pending.

Russell L. Marlan, a spokesman for the Michigan Department of Corrections, said the department disagreed with the ruling and planned to appeal. Top-of-the-bed restraints, Mr. Marlan said, are “nationally accepted, effective practices in correctional populations.”

“We think the changes we’ve made in regard to these restraints are what is necessary,” he added.

Mr. Souders, who suffered from depression and psychosis and had previously tried to hang himself at a county jail, was serving a sentence for shoplifting, said Paul W. Broschay, who is representing Mr. Souders’s estate in a federal wrongful-death lawsuit against the Department of Corrections.

At his death, Mr. Souders was taking at least six medications for mental disorders.

On July 31, he was transferred to the segregated cell for disobeying orders. Three days later, after slipping out of soft restraints, Mr. Souders was restrained on the concrete slab.

Though Mr. Souders had been scheduled for a transfer to a mental health center after a social worker had found him “floridly psychotic,” the transfer never proceeded, and on Aug. 6, he was pronounced dead.

A court-appointed doctor visiting the prison on Aug. 8 learned of Mr. Souders’s death. The doctor, Robert L. Cohen, wrote in an Aug. 14 letter to Judge Enslen: “No psychiatrist was consulted. No emergency psychiatric evaluation was obtained.”

He concluded that Mr. Souders’s death “was predictable and preventable.”

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"It is also in the interests of a tyrant to keep his people poor, so that they may not be able to afford the cost of protecting themselves by arms and be so occupied with their daily tasks that they have no time for rebellion."- Aristotle

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Prison Glossary

When we go to meetings, we forget that folks who are not involved in prison issues can quickly get lost in the jargon. Therefore, PAC will assemble and have on hand a glossary of prison related terms with their definitions. Please send in your definitions of the following and any other terms, abbreviations, and slang words you think worthy. Thanks

ICE, ICI, PRC, ECRB, MR, MD, PMR, Ad Seg, IMP, TIS, old law, HROP, good time, life, bifurcated sentence, HSU, SHU, boxcar door, back of cell, PAC, AODA, white sheet, ex post facto, long term seg, segregation, the hole, the trap, the yard, camp, nutri-loaf, observation cell, suicide watch, the police, etc., etc.
New Study Looks into Prisoner Parole for Illinois Again
By Marissa Alter
13 News

ROCKFORD -- Illinois looks at ways to keep prison costs down, which may mean abolishing life without parole sentences. Since 1978, criminals serving a life sentence in Illinois have had no chance of being let out. Only those sentenced before then are eligible for parole.

But a state legislature committee report may change that. In March, the Illinois legislature approved a study to look at the state's prisons specifically the elderly and often sick prison population. Winnebago County State's Attorney Paul Logli says, "You get prisoners who're living into their 80's or 90's and they become very ill and they become a medical liability to the state. They're living basically in hospital wards."

That's costing Illinois lots of money, so a new state committee will look at how to deal with older inmates and keep costs down. State Senator Dave Syverson says, "A lot of states are starting to develop geriatric prisons where they're taking those elderly or sick and disabled prisoners and they're putting them together. Some states are getting a little more creative and they are looking at paroling them into nursing homes but they'd be in nursing homes that're strictly for inmates."

That would let the state shift most of the health care costs to the federal government. But another option could just be letting older inmates no longer viewed as a threat out on parole. If that's the case, all criminals sentenced to life since 1978 could get out. Logli says, "I think most prosecutors and police don't really agree with that. If you talk to families of the victims, they don't really agree these people should be getting out."

Logli says victims rights groups will monitor this very closely and are prepared to oppose any legislation that would allow for early release or abolish life without parole.

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"A really efficient totalitarian state would be one in which the all-powerful executive of political bosses and their army of managers control a population of slaves who do not have to be coerced, because they love their servitude.": Aldous Huxley

Milwaukee cop brutality is ‘business as usual’
By Bryan G. Pfeifer
Milwaukee, Wis.
Published Nov 4, 2006 10:47 PM

Local, state, and federal officials, working in concert with influential big business interests, like to portray the Milwaukee police department as “friends of the community.” When a cop makes a “mistake” like shooting someone dead, they all march in lockstep in a well-orchestrated plan to either outright lie about the circumstances, often using racist language or symbolism, or paint the cop as a “bad apple.”

But this is becoming a bigger challenge for them as cops rampage through Arab, Black, Latino and poor white communities beating, harassing and shooting mostly people of color.

Since big business and its political servants have no concrete solutions to the economic and social semi-apartheid conditions in mostly communities of color, cops - often working with other repressive state forces such as the DEA and the FBI - are increasingly being used as savage occupation forces in an attempt to terrorize working class and oppressed people into submission so they don’t resist their conditions.

The Milwaukee police department since its inception has had a long history of oppression in communities of color, and no matter what departmental changes are made, this continues today. Many of the most glaring examples of police terror in Milwaukee, like the Frank Jude Jr. and Ernest Lacy cases, continue to receive national and international attention.

Most recently, 25-year-old Larry Ellis was shot dead by a cop Oct. 23 in Milwaukee’s North Side. The cop said Ellis “charged” at him with a knife and refused to drop it, so he shot him. Just a few weeks prior, a Milwaukee cop killed a still-unidentified 50-year-old man whom the Police Department claims “charged” at cops with knives and refused to drop them. That same morning cops shot a 17-year-old man in the arm after cops from the “Violent Crime Reduction” unit said he tried to ram a squad car with a stolen vehicle.

All of this and more follows a summer of extreme repression for people of color in Milwaukee, where tens of thousands of mostly poor Black youth were issued citations or arrested for so-called “crimes” like staying after posted hours at the lakefront. Reminiscent of “Black codes” and chain gangs, many of these youth - unable to pay often exorbitant fines - are either locked in the viscous cycle of jail and poverty or are working for free or significantly below minimum wage in jails and communities to have their fines “absolved.”

Many of these youth might have had union jobs in local manufacturing plants before imperialist policies such as NAFTA forced them out; or had access to vocational or post secondary education, but these options are now limited as well. The bosses are working fast on downtown rebuilding projects and neighborhood gentrification, but no matter how hard they try, they can’t hide the grinding oppressive conditions of the working class and oppressed in this city - once an epicenter of union manufacturing, now a non-union oasis for transnational corporations and temporary scab services like the Milwaukee-based Manpower Inc., the largest “temporary service” in the world.

The statistics don’t lie. Just a few from the U.S. Census Bureau and various state sources: The Black infant-mortality rate is 19.4 per 1,000 live births, four times the rate of whites; the statewide prison population is well over 50 percent Black while the state’s Black population is 5 percent. W-2, the so-called “welfare reform program,” has devastated whole communities; public-sector unions such as AFSCME are continually under attack by the bosses’ attempts to privatize and/or cut jobs and services; while at the same time corporations continue to receive tens of millions of dollars in tax “incentives” and giveaways paid for by the taxpayer. And of course the U.S. war on Iraq has sucked millions from the city and the baleful effects of Lynde and Harry Bradley Foundation and similar foundations and think tanks are acute city and statewide.

There have been many forms of resistance to these conditions, but the savage beating of Frank Jude Jr. and subsequent acquittal of three white cops by an all-white jury last April have ignited a tinderbox of protest and resistance rooted in the above oppressive conditions.

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Dear family members of the incarcerated

Mr. Alphonso Graham, the inexperienc-ed and newly appointed parole commissioner has been revoking and denying parole for prisoners who had been granted parole from experienced members of the parole board. Mr. Graham’s appointment was a political move on the part of Doyle to appear “tough on crime” before the election, or at least not appear “easy on criminals.” We hope these parole reversals and denials will ease up after the election but we can’t be sure this will happen, and even if it does, many prisoners and their families lives have been impacted just for political posturing.

In the early spring, we would like to do an action at the headquarters of the DOC or at the Capitol with family members and friends of the prisoners who have been abused by the Parole Chair. Not just those who suffered a reversal of parole grant, but by any family member whose loved one suffers at the whim of discretionary parole. Any parole eligible prisoner could be the next victim of heartless abuse for political expedience. We want to send a clear message to the DOC, the parole commissioner, and the Governor that their callousness towards prisoners and their families is not acceptable. Your incarcerated family member has done his/her time, paid the price with his/her freedom and now has family support and is ready to go home.

During the 1970’s in Argentina, thousands of citizens were snatched from the streets and “disappeared.” The mothers and families of these disappeared protested their lost loved ones by quietly carrying a photo of their disappeared loved one. Your loved one has been disappeared too. The system is unaccountable and arbitrary.

We ask that you send us a photo of your disappeared family member and we will make an enlarged copy of it and send your original photo back to you. We would like you to carry these enlarged photos of your disappeared family members at the DOC’s headquarters and Capitol. We will be sure to invite the press to this demonstration. We will demand accountability and transparency. No more games with our loved ones lives.

We plan on this being a legal and peaceful demonstration. We are going to arrange transportation from Milwaukee to Madison and back. We don’t want, in any way, for you to feel unsafe or threatened. We understand that you and your family members are already under plenty of stress. We hope to help you in any way we can to bring this chapter in you family’s life to a close.

2006-10-01T09:08:00.000-07:00

Friends,

This may be the most difficult newsletter we have ever written, for two reasons. One, our newsletter is under intense scrutiny by the DOC and 2. because of the mixed emotions about the turn out at our highly publicized picnic.

Our last real newsletter was mailed in May, and it was banned, systemwide. Many of you received the newsletter because the banning came a month after mailing. GBCI and WSPF had held the newsletters waiting for a decision from Madison. As it turns out, the words in May’s issue, pose a threat to security. Now, all of our newsletters, to every institution, will receive the same scrutiny before they are allowed in. In some ways, we are flattered by this special treatment, but also this places a heavy pall over our work and message. We don’t want to waste the $600 it costs to publish and mail this rag and we don’t want to blur our message, so we will try to tip-toe past the censor and hope that everyone appreciates the circumstances and finds the truth buried within these pages.

That truth is, without solidarity and unity, nothing will be accomplished. Without families and friends on the outside coming together in a united voice, we are powerless. We (PAC) can notify the press, call HSU, call wardens, write to legislators, write letters to the editor and try in every way to shed some light in the conditions of confinement in Wisconsin’s human warehouses, but if we stand alone, we will be given little heed. This is an old message in these pages, and it appears as though this message has fallen on deaf ears. Either that, or you really don’t care to fight.

Our August 19 picnic brought out the real fighters, the fearless advocates for their loved ones: Afrikan Amerikan women. These strong and beautiful women have weathered the most suffering, borne the heaviest burdens and yet stood tall and defiant, ready to take on the big bad DOC. Over the past two years we have had hundreds of letters from prisoners who write that “when I get out, I’ll be there with you, I’ll keep on fighting.” Well, where were you on the 19th? Not a single ex-con. Waas up wit dat? Only a couple of men. Only a couple of whites (beside the activists). Are your families totally disengaged? Are they so afraid of speaking out on your behalf? Or was it because you didn’t push them?

This is a watershed moment in PACs history. We have engaged in some deep reflection on our mission and methods. We will build on the positive and continue our work. We will move forward with those who are willing to step forward in the face of adversity. This will be the last free mailing of our newsletter. We want to work with our members. We want to help them when they need our voice. We want to expose the abuse and failings of the DOC. We will continue the struggle. A subscription form is enclosed. If you have contributed in the past, we will consider that a subscription payment.

We get too many letters from people who never sent us a kind word or a dollar bill who want help with their personal problems. To be perfectly clear, WE ARE NOT A LEGAL AID ORGANIZATION, NOR A CHARITY. We are an advocacy group, an educational group, and a public awareness group. We want to hear about the abuses you suffer, but we do not promise action on any particular incident. We look for patterns and always keep an eye on the BIG PICTURE. Your individual problems do not motivate us, we are dedicated to the BIG struggle. We care, but there is not enough room in our hearts to absorb all the misery. We act when we can see that our actions may impact the status quo.

One battle we are now waging is with the Parole Chair, Alfonzo Graham. His actions put a sharp point on the term political appointee. He is totally unqualified for his position, yet he has overruled 33% of his commissioner’s recom-mendations for parole. Guys were told to “pack your things, you’re going home” only to get word a week later that they were denied by the Chair. Some were given 24 month defers! This has devastated many families. This is truly cruel and unusual.

Alfonzo Graham refuses to speak with the families of the incarcerated even though his “position description” requires that he “provide interviews to family members...” He called our office after we raised Hell at the Governors office threatening to expose the political motivations of this new appointee. His justification for the reversals of recom-mendation were completely inadequate. He said that he is new to the job and he may not have acted in the best fashion. He promised to revisit these reversals, but we haven’t heard anything from the men affected.

We are working with the families of the affected men. We hope that all those who have been so shoddily treated contact us and send us their family contacts. We will be heard! Al Graham will meet with the families! Guaranteed!

He has not yet been confirmed by the Senate, and our efforts to block his official appointment won’t begin until after this election. The committee that must first review and approve his appointment is the Judiciary, Corrections, and Privacy Committee, with Senator Zien as Chair.

We look forward to the release of our comrade Frank R. He started PAC and has been working tirelessly right under the eyes and bootheel of the DOC; A fearless fighter will now be on the outside. Another strong comrade has fallen though. Dawud B. left his family and responsibilities for the false comfort of drugs and alcohol. He was a shining example of how one could turn oneself around. It’s so terribly sad. So sad for his wife and two beautiful children. We will miss Dawud being near us, his smile and intelligence were a comfort and pleasure to be near. Life on the outside can be so very difficult. We hope he finds peace.

This issue is about getting things done. Not about rhetoric and posing. Information, suggestions and letters from those who are not afraid, we hope, will motivate some of you to really join us.

In solidarity, PAC

Truth In Sentencing research update

There have been many rumors concerning The Truth in Sentencing Act. We have received many inquiries about it and information regarding the research. I hope to answer some of these concerns with this update.

Wisconsin Act 283 created truth in sentencing in Wisconsin but delayed its implementation until December 31, 1999. In the meantime, the Criminal Study Committee, also created under the Bill was to make recommendations for polices that would supplement the system outlined in Act 283. Particularly, the Committee was assigned the task of developing a uniform classification system for all state felonies and class A misdemeanors, with all felonies brought together into a single code.

1999 Assembly Bill 200, which created the Criminal Study Committee mandated the committee submit its report no later than August 31, 1999, which they did. When the committee delivered its report in August 1999, it was widely anticipated that the supplemental legislation it proposed would be enacted in time for official implementation of truth-in-sentencing on December 31,1999. However, that did
not happen.

Though promptly considered and passed by the Assembly (with but a few changes), the bill recommended by the committee stalled in the Senate. December 31, 1999 came and went: Act 283 went into effect, and the supplementary legislation needed to fully implement the original intent of the legislature expressed in Act 283 became trapped in Legislative gridlock.

There is a question that to be valid, all legislation must be enacted in conformity with the Constitution. Minnehaha County v. South Dakota St. Bd. of Equal, 84 S.D.640,176 N.W.2(i 56(1970).

Members and officers of the legislature. act under the solemnity of their oaths, and the provisions of the Constitution providing the various steps that shall be taken in passage of a bill are addressed mainly to the legislature. Independent Bankers, 346 N.W.2d at 742.
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The law is clear that if a bill is introduced and passed by one house of the legislature and the second house amends the bills, or refuses concurrence and returns it to the house of origin; if it is treated as concurred in and is sent to governor who approves it, and it is then published, it does not become Law. 10 Op. Atty. Gen. 613(1921).

The law makes it clear that the Legislature must comply with Constitutional requisites in passing legislation. In re Rounds, 659 N.W.2d 374,2003; SD 30,State v.Gonzales, 645 N.W.2d 264,253 Wis. 2d 134,2002 WI 59
It is my contention since the legislature did not implement the sentencing guidelines in the first TIS, under Act 283, and sent it to the governor who approved it, and it was passed into law, it was not legal, and therefore should be declared invalid.

I want to make it clear that since this is only my contention based on my research, this does not conclude this act is one that you can rush in court and seek a modification of sentence on this matter. There is much more research to be done on the issue, and we are closing in. There are a number of documents we have to to secure which will make that determination, which we are having problems attempting to retrieve from various sources that possess them.

For those of you who are telling everyone that PAC says the act is unconstitutional, this is simply not the case. Research PAC shares with you is from people who are researching the issue. PAC is by no means giving validation to the argument that this act is unconstitutional and PAC does not want to give you any false hopes. Neither do the people researching this issue by sharing this information with you. Like every issue until it is completely researched one cannot present whether
its constitutional or unconstitutional. Even when evidence shows it is illegal, the courts must confirm that such is the case, and as experience has taught us, the courts do not always rule according to law.

There are also rumors that a law now is before the legislature that will allow nonviolent offenders to serve 40% of their time before release. There is, nothing to confirm this, nor is there anything to confirm TIS is going to be repealed. Spreading rumors only hurts the cause and until you have seen this in writing don't pay any attention to it.

Like I stated above, there is much more research that needs to be done on this issue, and what has been uncovered so far looks very promising. However, we must continue to marshall the facts, and secure the evidence we need to show this law is illegal.

Some people have been taking what they get from the newsletter and running in courts seeking a sentence modification. They, don't develop the issue and because they do not and the court rules on an undeveloped issue, the cause is hurt, and many people suffer, because under the Doctrine of issue preclusion the issue becomes precluded from being raised in the manner we wish to bring it.

Some of you have been requesting information about the campaign to repeal TIS. There are organizations and legislatures working in this area, but not in the capacity of abolishing the law, only to reform it which means to give you what they want you to have and not what you deserve.

Before we can mount the campaign to focus on the repeal of TIS we must first organize the families. We must obtain members for committees in every town or city, who will commit themselves, to the cause.
This cause cannot become a reality if family members will not support it. They have the power to make the change and demand the repeal, but such cannot be accomplish until they unite for the cause.

It is important that every interested person write and send donations to PAC that it may cover the cost for the necessary paperwork and postage to send people so we can begin to organize.

We want to be able to present the names of each person who seek to repeal TIS to each other, so they will know each other and share the information with each other so everyone will be aware of what the other is doing and we all work towards the same goal and objective.

We want to reach taxpayers and concerned citizens as well as our representatives and senators to express our voices and demand they as our representative speak for us as taxpayers.
Prisoners must be well aware they cannot vote, so their voice means nothing. It is your family, friends, concerned citizens and the taxpayers and voters that politicians will listen to, and we must demand they do. So prisoners through your family and friends let your voices be heard. Tell them to join and support the cause.
One person cannot do all the work, nor make a big difference. This is our problem, which is all our problem. The spokesperson for PAC and those involved needs the assistance of all to make a difference.

In less than 45 days I will be released from prison, but not free from the abusive TIS law. I will be working with PAC and I want to travel across the state speaking about TIS and showing people the effects it has on all, and that it is essential to abolish this law, by repealing it.

Many people really don't care about prisoners or their families and many feel prisoners should remain in prison for the full length of their sentence. While they don't care about prisoners, they do care about their tax dollars being wasted, and money that should be going to education and social programs being spent to house prisoners for $26,000 a year. Many of these men and women should be released into society to take the burden off the system.

This is election time and the voices can and must be heard. So tell your families to speak loud by joining the struggle to repeal the TIS.
Your Comrade in the struggle,

Frank R.
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"OLD LAW UPDATE"

Since the last Newsletter a number of new developments have surfaced. I would like to address them, but it’s necessary for me to start by making a statement.
Many of you did not receive the last newsletter. For some unknown reason they mysteriously got lost in the mail at some of the institutions. Steps are being taken to address this matter but will not be discussed here.

PAC continues to receive a lot of letters from prisoners and family members regarding the old law issue. Few donations arrive with a request for PAC to assist them or their family member.

I want to be clear regarding PAC position with regards to the Old law Issue. We are working to bring a class action that would affect each and everyone under the old law situation. We are not working on individual cases. While we may publish your case and let others know about your litigation of the issue we will not devote our time and resources to your individual action. Our focus is on the class.
Mr. Sean Tate has provided us with some vital information extremely reverent to the old Law issue. He has obtained documents which will clearly show that as a result of the infamous 1994 letter of Governor Tommy Thompson, to Secretary Michael Sullivan; and the subsequent actions by Michael Sullivan and others, in fact implemented a new policy towards violent offenders, and in doing so created a hurdle which made it more difficult to be paroled. We will not distribute these documents to individuals who seek to bring an individual litigation, as to prevent the precluding of this issues from being raised in the Courts and we have encourage him to keep this evidence for the benefit of all.

Brother Shaheed Madyum informs us he has been in touch with an interested attorney which we are waiting to hear from.

Comrade Ben Sanders, whom many of us know, who has served well over 33 years; a very unselfish comrade, who has come upon money to fight his cause, is seeking to employ an attorney to represent not himself, but to file a class action that will have effect on everyone. He has yet to locate the appropriate lawyer and waits to here from all those he has written.

Jess Swinson has filed two separate litigations in the courts challenging the procedures in his case, which addresses the ex post facto issue. The documents me and several others have read are very, well put together, and if he is successful many people will be affected by the decision of the court.

Oscar. McMillian has also filed a certiorari in the courts which challenge the parole commission decision in his case. His motion is also put together very well, and a favorable decision in his case will result in benefits for many as well.

We have also obtain some very vital information, which is a letter from Michael Sullivan to Tommy Thompson referencing sex offenders. In that letter he informs former Governor Thompson that he has implemented a policy to keep sex offenders incarcerated until their MR. This letter is a smoking gun we will use to show how, this has effected those with sex offenses, creating a hurdle for them to for parole This evidence will demonstrate to the court that this meets the standard of a violation of the ex post facto clause. We will not send this letter for person to use it for their individual cases. This letter, and the letter Mr. Sean Tate has will be provided to the attorney we are seeking to use in our class action.

The Picnic was not what we expected, and many of the former prisoners did not show up. This was most disappointing. It appears many guys make commitments while in prison, but don’t keep them when they get out.

As the founder of PAC, I am scheduled to be released October 17, 2006. Mr. Van den Bosch and I will work with a number of others to get things moving to get thIs matter in the courts.

I assure you my fellow comrades I will not abandon you, and you can rest assure Mr. Van den Bosch and others who are very concerned about justice will not allow me to. My commitment to you - not to abandon the cause - is from the heart.

However, you must also realize that I must also work to provide for myself, and that I will be on supervision. That I cannot neglect myself and those I am responsible for and to. That I can give my time and work for justice, but I cannot be the solution for every problem, and take the time away from being focussed. So, I cannot commit to individual cases, other than those I've been committed to already.

My good friend Ben Sanders recently wrote me and stated these words of encouragement. He said, “Far to often, people who have been down for a while, tend to lose sight on what's important,but, realizing that no one individual struggles alone. When one struggles, we all struggle because we are all interconnected; It is a people problem,not an individual one. Until we realize that we are each other's keepers, that your problems are my problems, and that there is no “I", “me" and "my" in problems, then the problems we face as a people will continue to be our undoing. The problem with us as a people, is that those who are fortunate enough to obtain the so-called piece of the american dream, tend to divorce themselves from the rest of us by assuming the attitude that "hey, that’s their
problem, it has nothing to do with me. " They seem to forget where they came from, or the struggles they have endure along the way. They tend to look on something foreign and alien, much like a stranger in a foreign country where nobody speaks your language and you speak not theirs.”

Comrades, if we are to overcome our problems that have a tendency to make life as we know it, unique as a human experience then we must unite for a common cause. Since each of us possess a different gift, we should use those gifts to address the root causes of injustices, and propose a workable solution to the problem that affects us as a people.

Fellow Comrades, I have been in the trenches for well over thirty years of my 58. I have been the object of abuse, injustice and retaliation. I have not forgotten who I am and what is important, nor will I forget my friends, some like my brother, and many much closer than my very own family. I will be on the outside working, and I will put forth my best to expose the injustices and bring about some justice and humanity for us all. I will never sell my dignity as I will never forget the struggle. But I look at things as they really are and you must do the same.

As we get more information about Lawyers and litigations you will be informed. I trust to be out by the time the next newsletter is produced. I will send each member of the research committee update information and organize a method which we will share our research with each other.

Those of you who have information, we encourage you to send it so it can be shared with an attorney. I will work hard to get someone to represent this cause. I will not abandon the struggle.

Your Comrade,
Frank R.
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A MESSAGE FROM THE FOUNDER OF PAC
The days are nearing my release from the halls of hell. I dare not consider this being free, for freedom is something one has with no attachments, and yet I will be released from prison, I still will not be free.

However, I am fortunate enough to have the opportunity at freedom which brings me happiness, yet sadness as well, when I consider many of my comrades may never get this chance, and many will be left to fend against the many abuses which is the result of uncaring people.

When I think of all those left behind and the difficulty they face I am moved with compassion. A compassion which instills in me a devotion to the struggle against injustices. Then I think of the many before me who were released, who made commitments to the struggle, but once out, lost their focus. Then I am inspired not to lose mine.

For to me, to be free is not just to cast off one's chains, but to live in a way that respects and enhances the freedom of others. The true test of my devotion is just beginning.

For well over thirty years I have suffered from the many abuses inflicted by my oppressors. Not once did I give up, and never will I forget.

I have discovered who I am, what gifts I have and how I should use them and apply them to help myself and others. I have been given this opportunity and encouraged by many caring people who stand with me and support me and the struggle against injustice, and I am determine to stay focussed and committed, and have confidence in them to keep me focussed.

These people I speak about have become much more to me than friends. They have become like my very own family, such as a father, mother, sister and brother, but most of all people I love and respect and know they love and respect me.

I have walked a long road to get to this point in my life, and it has not been easy. I have taken a moment to reflect, to steal a view of the glorious vista that surrounds me, to look back on the distance I have come. But I can rest only a moment, for with devotion comes responsibilities, and I dare not linger, for my long walk is not yet ended.

I am committed to my friends and those I love, and I will not betray them nor allow them to be betrayed by others, that means for those in prison as well as those out.
In this deep and powerful sense I will be devoted.
Your comrade in the Struggle.

Frank R.
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OAKHILL LITIGATION

Inmates housed at the Oakhill Correctional Institution are pursuing litigation as a class that challenge the rules and policies related to Work/Job Assignments.

They are challenging the constitutionality of the Wardens rule which deny them the right to work outside the perimeter of the Institution or on a Special project, even when they have the assigned custody level. The justification for this rule is, the nature of their offense history or due to escapes and abscondings which are well over five years old.

DOC 309 IMP 52 governs all Institution rules related to Work Assignments/ Placements and the Warden of each Institution has the responsibility to enforce the DOC rules. Because the failure of the warden to implement rules consistent with those of the DOC IMP, inmates housed at Oakhill are being discriminated against and denied due process and equal protection as it relates to job assignments and placements.

Inmates Housed at Oakhill have become responsible men and have earned their way to work release. We stand together in the struggle against abuse and the psychology of its oppression. We will keep you updated on our progress. Frank R.
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WHAT YOU CAN DO!!

As stated in our cover page, we work hard to bring public awareness to the issues of incarceration. We write letters almost every day to newspapers, legislators, DOC officials and advocacy organizations. We believe that if more letters went to more of these people, we might slowly turn the tide of indifference. It’s a strategy that must be used, we have our voices, and we have the time to write.

On page 5 is a list of people who should hear what you have to say. On page 6 is a sample letter and some suggestions on how to write a letter that will have an impact. The phone numbers of some are included, so have your family members call and let these people know what they think about the WI prisons. Letters can be about your particular problem or be more general in nature, whatever works for you. If you have the postage, send us a copy; we’ll post them on our blog or print them in the newsletter.

If every one of you writes one letter a week to a different legislator, news outlet, or official, we can’t help but turn the tide. If each of you write one letter once a month, that will be 4,000 letters each month! It will have an impact!
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"We hang the petty thieves and appoint the great ones to office”- Aesop, c.550 B.C.

Department of Corrections:
mail to any of the following individuals should be sent to this address:

3099 East Washington Avenue
Post Office Box 7925
Madison, WI 53707-7925

Office of the Secretary
Mr. Matthew J. Frank, Secretary
Mr. Rick Raemisch, Deputy Secretary
Ms. Jessica Clark, Executive Assistant
Phone:(608) 240-5055

Division of Adult Institutions

Mr. Steven Casperson, Administrator
Mr. John Bett, Assistant Administrator
Ms. Denise Symdon, Assistant Administrator
Mr. Dan Westfield, Security Chief
Mr. Kevin Potter, Chief Legal Counsel
(608) 240-5035
General Public Information Phone: 608-240-5104

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The Parole Commission
Mr. Alfonso Graham, Chair
3099 East Washington Avenue
P.O. Box 7960
Madison, WI 53707-7960
Phone (608) 240-7280

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Senate Committee on Judiciary, Corrections, & Privacy

Senator David A. Zien, Chair
1716 63rd St.
Eau Claire, WI 54703
608-266-7511

Senator Glenn Grothman
111 S. 6th Ave.
West Bend, WI 53095
608-266-7513

Senator Fred Risser
5008 Rissre Rd.
Madison, WI 53705
608-266-7511

Senator Carol A. Roessler
1506 Jackson St.
Oshkosh, WI 54901
608-266-5300

Senator Lena C. Taylor
3407 W. Highland Dr.
Milwaukee, WI 53208
608-266-5810

Office of the Governor

Governor Jim Doyle

Madison Office
P.O. Box 7863
Madison, WI 53707
608-266-1212

Ernesto Chacon, Deputy Director
Room 560
819 North 6th St.
Milwaukee, WI 53203
414-227-4344

Angela Russell
Agency Liaison
State Capitol 115 East
Madison, WI 53702
608-266-7794

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Other concerned legislators

Representative Pedro Colón
State Capitol Room 104 North
P.O. Box 8952
Madison 53708
608-267-7669

Representative Tamara Grigsby
State Capitol Room 122 North
P.O. Box 8952
Madison, WI 53708
608-266-0645

Representative Barbara Gronemus
State Capitol Room 114 North
P.O. Box 8952
Madison 53708
608-266-7015

Representative Marc Pocan
State Capitol Rm. 322W
P.O. Box 8952
Madison, WI 53708
608-266-8570

Representative Sheldon Wasserman State Capitol Room 214 North
P.O. Box 8952
Madison, WI 53708
608-266-7671

Representative Leon D. Young
State Capitol Room 118 North
P.O. Box 8953
Madison 53708
(608) 266-3786

Senator Spencer Coggs
Room 22 South
State Capitol
P.O. Box 7882
Madison 53707-7882
(608) 266-2500

U.S Representative Gwen Moore
District Office
219 N Milwaukee St STE 3A
Milwaukee, WI 53202
Phone: (414) 297-1140

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Legal and Advocacy

American Civil Liberties Union
204 Buffalo St Suite 325
Milwaukee, WI 53202

National Lawyers Guild
Atty. Patricia K. Hammel
Herrick & Kasdorf LLP
16 N Carroll St # 500
Madison, WI 53703-2773

Amnesty International
5 Penn Plaza - 14th floor
New York, NY 10001

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The Press

Milwaukee Journal Sentinel
Eugene Kane
P.O. Box 661
Milwaukee, WI 53201

Wisconsin State Journal
Phil Brinkman
Capital Newspapers
P.O. Box 8056
Madison, WI 53708

The Isthmus
Bill Lueders
101 King Street
Madison, WI 53703

Wisconsin Public Radio
Gil Halsted
821 University Avenue
Madison, WI 53706

Milwaukee Courier
2003 W. Capitol Dr.
Milwaukee, WI 53206

Milwaukee Community Journal
3612 N. Martin Luther King Jr. St.
Milwaukee, WI 53212

Shepherd Express
207 E. Buffalo Suite 410
Milwaukee, WI 53202

Prison Legal News
2400 N.W. 80th St. PMB #148
Seattle, WA 98117

Senator Lena C. Taylor
3407 W. Highland Dr.
Milwaukee, WI 53208

Dear Senator Taylor,

This letter is addressed to you in your capacity as a member of the Judiciary, Corrections, and Privacy Committee of the Wisconsin Senate. One of your duties as a member of that committee is to advise the full senate on the qualifications of the gubernatorial appointee to Chair of the Parole Commission.

Mr. Alfonzo Graham has been in that position since May of 2006. He was appointed to that position after Mr. Lenard Wells stepped down under pressure from the Milwaukee Police Union. Mr. Graham was selected from the ranks of the Milwaukee Police Department and has no experience in penological or parole matters. A copy of his resume is available on request.

Since taking over the reins of the Parole Commission, Mr. Graham has drastically altered the way in which parole is granted. Even though he has no experience in this field he has overridden 33 percent of recommendations presented by his commissioners. These commissioners are experienced and knowledgeable people with a combined on-the-job tenure of 16 years. His actions to reverse recommendations have caused deep anguish with the families who were awaiting and expecting the return of their loved one.

Mr. Graham refuses to meet with, talk to, or answer letters from family members concerned with their incarcerated loved one. This despite the clear Position Description guidelines set forth by the WI Department of Employee Relations which suggest that 10 percent of his time is spent to “Provide interviews to family members, attorneys, etc., to discuss the parole status of a particular inmate, accept comments/information regarding parole...”

I hope you will work to block Mr. Graham’s confirmation. His few months in office have given you a clear indication of how he will manage his duties. He is completely unqualified and has acted in callous disregard to the inmates and their families. If you would like to hear some of the personal stories of the men and families who have suffered under his harsh new reign, please call.

Sincerely,

name
address
phone number

This is a sample letter that you may want to rewrite in your own words. This letter can be sent to any or all of the JCP committee members. Write your own letters about the conditions of confinement, or parole or health services, or a general comment on prisons in Wisconsin.Try to be clear and concise - stick to one issue. Try to provide evidence or proof of your assertion. Be respectful but firm. Make sure that the person you are writing to can take action on the issue presented. Use your own words to convey how you feel. Write often. Keep them informed. Your voice must be heard.
6

Letter from MoSo

Dear PAC Readers,

This is MoSo, and I’m writing this letter to all the prisoners who read this news letter and to inform them they should contribute a small donation to this effort. Most people who know me, know of the struggles that others and myself have been involved in over the years and now we have a chance to make some headway in bettering our situation. If you want to bring back things such as banquettes, better visiting conditions, where your visitors are treated with some respect, or have some input or say-so on how all the money allocated for prison programs and education is being used, then you must have some power. The Court system can only do so much, and even that is being diminished by the Republican strong hold over the Political process and Judicial appointments. So the main Avenue now to combat this Evil force and obtaining any Justice, is in the political arena. This means we have to have the numbers. This is not an issue of right and wrong. We all know the Prison System is nothing more than a Racket. They make millions off poor peoples ignorance, pain and suffering. they know that most people in prison are not really "bad people" or not as bad as they have been portrayed, but they use your small evil deed in order to hide their greater evil and make it look justifiable. Its a case of the big crooks hiding behind the small crooks. They are the Masters of deception and propaganda. This is how they are so successful in passing all these crazy drug laws, which in turn spur more violent crime. Most of you are more of a victim yourselves than you really know or understand at this time.

In any case, you will continue being a victim until you learn how to play the game and get some POWER. And if you want POWER, then you have to have the NUMBERS. Your little small voice alone means nothing, no matter how right you may be. So don’t wait until you get thrown in segregation, possibly for no reason, or get messed around some other way because you have no power or say-so in the situation, before you want to make a move. Now is the time to prepare. You can do that by supporting this effort that can bring prisoners together and have a voice bigger than just yours when you need it. Right now you are nothing more than a commodity, like sheep and cattle. If you want to be recognized and treated like a human being, then you have to have power. Otherwise they don't recognize or see you as anything. This is why we are in the poor condition we are in today. No one wants to make any sacrifices.

So, I’m asking all persons who read this, to send in their contributions of 10, 15 or 20 dollars, whatever you can afford, to support this effort. Because this is a nonprofit organization, you can have the funds sent straight from your account. I myself will be sending what I can. And also I will be sending in the latest legal news on some cases that involve important issues and people we all know. So I hope in the next issue, its reported that many contributions have been received. So take care of that.
Incarcerate Bush for crimes against Humanity!!!!

MoSo

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Jailhouse Lawyer’s Handbook

Jailhouse Lawyer’s Handbook (PDF) - The Center for Constitutional Rights, in alliance with the National Lawyers Guild, has just released “The Jailhouse
Lawyer’s Handbook: How to Bring a Federal Lawsuit to Challenge Violations of Your Rights in Prison.” The handbook is a free resource for prisoners and their family members who wish to learn about legal options to challenge mistreatment in prison. It can be downloaded, or you can request a copy by writing to us at the following address:

Jailhouse Lawyers Handbook
c/o The Center for Constitutional Rights
666 Broadway, 7th Floor
New York, NY 10012

Jail House Lawyers Handbook Women's Appendix (PDF) - The JHL Appendix for women is a free resource geared specifically to women prisoners and their family members who wish to learn about legal options to challenge mistreatment in prison.

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"The state calls its own violence law & that of the individual, crime"

Max Stirner

Wisconsin Criminal Justice Study
Commission

A Partnership of the State Bar of Wisconsin, Marquette University Law School, the Wisconsin Attorney General’s Office, and the University of Wisconsin Law School

Charter Statement [partial]
The criminal justice system, like all human creations, is imperfect. At every stage of a case, system actors—victims, police officers, prosecutors, defense attorneys, and judges—make difficult decisions that both determine the fate of individuals and reflect the legitimacy of the system to the larger community. When the system fails, the consequences can be disastrous for both individuals and society.

One mission of the criminal justice system is to convict the guilty, and only the guilty. Recent events make clear that the system sometimes fails this fundamental mission by allowing people guilty of crimes- sometimes very serious ones- to go free and unpunish-ed. And even more intolerable, innocent people are convicted and punished in their place. This is unjust to individual victims and defendants and also undermines the legitimacy of the system by eroding public trust in its accuracy and fairness. Justice and legitimacy also suffer when the guilty go free, even if no one is wrongly convicted.

Between 1989 and 2003, at least 328 wrongly convicted people nationwide were legally exonerated and freed from prison. In many of those cases, the wrongful conviction of an innocent person meant that a violent and dangerous offender was allowed to escape detection and remain free in the community to commit other crimes. More than half of the 328 exonerated people served more than 10 years in prison. Eighty percent served at least five years. Overall, they served more than 3,400 years, at an estimated cost to taxpayers of $85 million. Based on the number of discovered exonera-tions, one worries that the actual number of wrongful convictions might be much higher.

Acknowledging the system’s imperfect-ions affords an opportunity for improvement. The exoneration cases have revealed specific, proven instances of system error, and other countries and states have taken the opportunity to investigate those cases and the problems revealed by them.

Supermax Settlement Agreement Update

On July 31st Judge Barbara Crabb entered an Opinion and Order in the ongoing fight for humane treatment at the Supermax (now WSPF). The DOC wants to end the Settlement Agree-ment, and apparently, Monitor Walter Dickey agrees that all portions of the Settlement Agreement have been met by WSPF. Attorney for the plaintiffs, Ed Garvey, disagrees and has sub-mitted evidence that major portions of the agreement continue to violate the Eighth and Fourteenth Amendments rights of prisoners there.

These violations include 1. insuring that mentally ill prisoners are not confined at WSPF, 2. forcing prisoners to choose between exercise and law library, 3. letting the cell temperatures exceed 84 degrees for extended periods, 4. transferring prisoners without adequ-ate pre-transfer process.

The DOC counters that even if some of these allegations are true, they do not constitute a “deficient system”, they are isolated incidents.

The up shot of all of this is that Judge Crabb has called for an evidentiary hearing to establish the merits of the plaintiff’s claims. At this writing, we do not know the date set for that hearing.

In the mean time, the White Elephant in Boscobel sits with empty cells, supposedly set aside for general pop-ulation prisoners. Better to bulldoze the entire place! Following are parts of a letter PAC sent to judge Crabb on May 22nd of this year. I hope we influenced the way this is going.

Dear Judge Crabb,

This letter is written in the hope that you will look closely at the supposed DOC compliance of the Settlement Agreement Jones v Berge, and that you will see the necessity of continuing your oversight of that agreement and the prison.

Professor Dickey’s proposals seemed, at first hearing, to offer reasonable compliance to the Settlement Agree-ment, but it has become apparent that the DOC has so twisted his intent, that the reality is a shell of what was proposed. The new “Phase System” is a three step reformulation of the five step Level System. The programs are the same and the method of advancement remains in the hands of the prison staff who continue to use petty infractions for retention at level. It is incredible to think that some prisoners have been there for six years without a major conduct report, and have no hope of leaving that abysmal place because they refuse to participate in the behavior modifica-tion regimen. This doesn’t change in the Phase System. This is a ruse.

The number of cells retained for segregation remains too large and the “need” to fill all beds will undoubtedly lead to the same type of retention schemes used in the past. In our newsletter, I wrote that the only physical change now taking place at WSPF is the revolving door between the GP and isolation areas. That was metaphor, but it accurately describes what lies ahead for the poor souls who find themselves in Boscobel.

The truth is, the overbuilding of segregation cells throughout the system and the pressure to use all beds has caused many prisoners to suffer years of unnecessary isolation. This phenomenon is most obvious and apparent at WSPF.

We do not speak for the plaintiffs in this matter, we speak for all citizens who demand accountability from our judiciary. The foot dragging at WSPF has gone on long enough. We beseech you to exercise your power to bring the DOC in line with decent human behavior. Retain the monitor and insist that substantive changes are initiated.

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Notice sent in by Duane Bull
The National Association for Equal Justice, 3131 E. Camelback Rd. 2nd Floor, Phoenix, AZ 85016 is seeking information regarding various mal-treatment and constitutional violation issues, and is particularly interested in information related to inadequate health and inadequate mental health care. They are gathering this informa-tion for the purpose of starting a major class action suit. All affected prisoners are asked to send a summary of their situation to the above address, along with adequate postage for their prompt response which will include further information.

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"The thorns that I have reaped are of the tree I planted.": Lord Byron
Help Wanted
Jason Procknow is seeking help from prisoners who filed ICIs at SMCI (Supermax) for dental related issues during the period 1999 -2002. Write him at: WCI, P.O. Box 351, Waupun, Wi 53963 DOC# 240914
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J.C. Fields -291798 is working on video conferencing following are parts of a letter from Matt Frank to Represen-tative Turner. Send your ideas and support to JC at NLCI, P.O. Box 2000, New Lisbon, WI 53950

Dear Representative Turner:

I received your letter relating to a suggestion by an inmate to establish a video visiting program. There is currently the ability to have families come to either the Milwaukee Secure Detention Facility or Racine Correct-ional Institution to visit by video conference with inmates at Stanley Correctional Institution or the Wis-consin Secure Correctional Facility [sic].

The Department is embarking on a major expansion of our video con-ferencing capabilities as part of our emphasis on reentry of offenders back into the community. We expect to have equipment at 35 Division of Community Corrections' Offices and 15 correctional institutions by late fall. This will be used by prison and community corrections staff during an offender's transition phase 1-3 months prior to release.

While this proposal may not be a comprehensive video visiting program, it will attempt to establish positive relationships with family and treat-ment providers prior to release from confinement to assist the offender in reentry to the community. The closer we work with families on reinte-gration issues, the better it is for a successful outcome. The RFP is expected to be awarded in January 2007 and it is expected that the program will be operational in the Milwaukee and Racine areas soon thereafter.

Please let me know if you have any questions on this initiative.

Sincerely,
Matt J. Frank Secretary

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Until lions have their historians, tales of the hunt shall always glorify the hunter: African proverb

About two segregation units

2006-05-27T06:47:00.000-07:00

The purpose of this correspondence is to bring to your readers’ attention some much overlooked facts worthy of noting.

On several different occasions it has been said (written) in PAC’s newsletters, that while some wardens had called for the construction of several 200 cell bed segregation units, instead, we got WSPF.

The fact of the matter is, that in addition to Supermax (WSPF), we also got two segregation units. One seg. unit - with 185 cell beds - was built in Waupun Correctional. Institution (WCI) and opened in February 1998 (almost two years before WSPF was opened). And a 200 cell bed (or thereabouts) seg. unit was built at the Green Bay Correctional Institution (GBCI), and opened in January 1999 (almost one year before WSPF opened).

In fact, all the WSPF guards were trained in the seg. units at WCI, GBCI, CCI, and JCI.

Many, if not all, of the conditions at the WCI and GBCI mirror those very same conditions at the WSPF. Which conditions - harsh conditions - the federal court found to violate the 8th amendment, etc.

The isolating features of the architectural design are the same at WSPF, WCI and GBCI. Such as the “boxcar door” has a solid metal construction and slides on tracts. Prisoners are essentially encased in metal and concrete 24 hours per day.
Visitation at all three prisons are via video monitors; 24/7 illumination. While WCI has indoor recreation (in six dog cages, literally), GBCI has outdoor recreation. While GBCI cells have showers in each cell - like that in WSPF - WCI have three showers on each range (tier) where prisoners are escorted to showers twice per week. WCI cells have no mirrors, while WSPF and GBCI cells do have mirrors.
While WSPF cell door’s shutters were kept closed at all times to prevent prisoners from seeing one another. WCI and GBCI have a wall which runs from one end of the range, down the middle of each tier, to the other end, to prevent prisoners from seeing one another.

The same tools of punishment are utilized at all three segregation units. Such as food as punishment, back at the cell (bus) knee on the ground with your hands on the wall with your back to the door.

Both GBCI and WCI cells have frosted windows so that you cannot see outside. Both WCI and GBCI do not allow prisoners to possess personal property such as books, magazines newspapers. While WSPF does allow prisoners to possess those materials. Therefore, in some respects conditions at WCI and GBCI are worse than those at WSPF. As part of their level program 1 - 3, GBCI does not permit prisoners to possess their tv or radio in any level. While WCI as part of their step 1 - 3 program, does allow prisoners to possess their tv’s and/or radios once they reach step 3, like WSPF. Like at WSPF, WCI and GBCI, clinicians visit prisoners at the door front where there is no confidentiality.

The PAC readers and or the public in general must be made aware, that many of the prisoners removed from WSPF (including myself) because of the effects from the harsh conditions are barred from being sent to WSPF, find themselves subjected to those very harsh conditions (and in some respects worse conditions) of torture! I simply don’t get it?!

I surmise the reason the DOC can and does torture us in the segregation units in WCI and GBCI, is because those two prisons are not under any court order, while WSPF is. But doesn’t it boggle the mind, that we can be tortured in WCI seg. units and GBCI seg. units, but not in the WSPF seg. prison.

I believe Ed Garvey and the other attorneys, owe us (the original 7 or 8 of us removed from WSPF under a preliminary injunction court order) a legal responsibility to find out where we are today? For we have been victimized a second time and or in retaliation for having been removed from WSPF.

Justice delayed, is justice denied!
Sincerely,
Jerry Saenz

p.s.
Also worthy of note. Like at WSPF (in the beginning anyway, for I believe in this area things have improved), both WCI seg. and GBCI seg., are like a freezer during the winter and like an incinerator during the summer.

Thank you for your attention to this matter.

Always in the struggle.
Jerry

May 2006 newsletter

2006-05-22T05:20:00.000-07:00

THE NEW ABOLITIONIST
newsletter of
Prisoners’ Action Coalition
May 22, 2006
Amendment XIII: Neither slavery or involuntary servitude, except as a punishment for crime...

Dear friends,

Still here swingin’, jus’ like Sugar Ray. The Beast can spend hundreds of millions promoting their malevolent vision while voices of truth and dignity have to scratch for a few nickels. They have an inexhaustible source of funds (taxes) while we must beg and plead in order to bring some honesty into the debate. They have the full weight and violence of the State behind them and we are subject to their whim and muzzle. They write laws, administrative rules, and internal management policies (IMPs) to justify their crimes and oppress their ward, while we suffer their abuse. So it goes in the land of the free.

PAC is drowning in a flood of new members. We are furiously treading water and barely have our financial noses above the waves, and this news probably puts a twisted grin on the faces of the wardens, security directors, censors, and other functionaries who tremble when they see the truth entering their mailroom. We are really pleased that our message is appreciated. We would publish on a monthly basis if we had the funds, but sadly enough, we don’t have the staff to write grants, organize fund raisers, or hold a bake sale. We rely on the support of our readers and we know they have limited resources. But, with nearly a thousand readers, we should be able to come up with $500 every couple of months. Come on, brothers and sisters, if you like it, show your appreciation, nub said.

Before we continue layin’ the leather on the glass chins of the fearful, just to be clear, what appears in these few pages is the way we see it, it is our opinion. It is not the “truth,” for the truth is in the eyes of the beholder. We all come to this debate with a different vision of the world and its dysfunctions. Mustafa-El and warden Pollard speak from different perspectives. This publication is produced to express the viewpoint of the Mustafa-Els in the prison system. Warden Pollard and all the other voices of the State express their opinion everyday with shackles, razor wire, and memorandums. We speak for the prisoners.

We at PAC want to offer our most sincere apologies to the captives held at WSPF. Our last newsletter suggested that substantive changes were underway, but it has become obvious that the “changes” are a ploy to get the court off of their backs. The new “phase system” is the Level System with TV. It seems that the only physical change being under-taken may be a revolving door between the general pop-ulation area and the isolation cells. The programs required to get out of that dismal crypt are the same as before. It’s incredible that a prisoner can sit in isolation for six years without a major conduct report, and not advance out of there.

Speaking of programs completion being used as a way to keep people where they are, we have received tons of letters expressing exasperation with the PRC. The PRC will not allow prisoners into programs until they are close to MR and the Parole Board will not grant parole until program needs are met. What a joke, a cruel joke on all those seeking meaningful parole hearings, justice, and fairness.
We have posted a few very good essays on our blogsite (www.prisoneractioncoalition.blogspot.com). They are a bit too long for this newsletter, so posting it on line the best we can do for now. Maybe your family can download it and send them to you.

One is an excellent report by Nate Lindell that describes perfectly WSPF and the general destructiveness of prisons in Amerika. Another, by Jerry S. at WCI is a very clear essay about the use of segregation cells throughout the system. He writes that the overbuilding of isolation cells in the ‘90s (not just Supermax), and the chronic overcrowding in all WI prisons has created a terrible situation. No beds can remain empty, so the isolation cells are filled with prisoners who have violated petty infractions. This is a recipe for disaster as it builds frustration and resentment at unnecessarily harsh treatment. Comrade Ali Kahlid Abdullah from Detroit, submitted a great piece on “The Fear of Revolution.”

Tobacco withdrawal and the new smoke-free policies for prisoners have filled the isolation beds at some prisons. At the Kettle Moraine warehouse, the guards can puff away for another 4 months making life miserable for the forced ex-smokers. This doesn’t seem fair, and we hear there is an attorney looking into this, but don’t tell anyone.

We hope all PAC subscribers enjoyed the free copy of Prison Legal News sent by Paul Wright and friends. What a great magazine. They are one of the longest living prison mag-azines in existence, and they will be here for a while to come. Their tireless work and unflinching attitude is one we try to emulate. They have just gotten a grant from the Soros Foundation. Hey George look over here!

Many of our new subscribers are signing up to the old law class action suit. Just to be clear, PAC is not bringing this suit. PAC is helping the researchers and litigators spread the word. We are gathering names and trying to help find representation. PAC is also NOT a TIS repeal campaign. We are helping spread the word and if people step forward, we will help organize and coordinate the efforts. PAC is a vehicle for information and an educational resource. Litigation may be the way some prefer to fight the beast. Others choose lobbying and public awareness. We support all efforts and tactics that bring into check, the power of the criminal (in)justice system and the prison-industrial complex.

Please consider a monthly donation to PAC. We are here for you, speaking for you, fighting for you. Our radical stance doesn’t attract mainstream contributors, so we rely on your support. Get your families behind our efforts.

In solidarity, PAC
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Liberty is meaningless where the right to utter one’s thoughts and opinions has ceased to exist. That, of all rights, is the dread of tyrants. It is the right which they first of all strike down - Frederick Douglass

TRUTH IN SENTENCING RESEARCH UPDATE

In 1997 Wisconsin Act 283, created what is now referred to as the “Truth In Sentencing” act (TIS). The Criminal Penalties Study Committee (CPSC) was created and directed to study the class-ification of criminal offense in the criminal code, the penalties for all felonies and certain misdemeanors and issues related to the implementation of the changes in sentencing made by TIS. The committee submitted its report and recommendations to the legislat-ure and the governor on August 31, 1999. It was the legislature’s intent in the 1999 Assembly Bill 200 that the CPSC’s recommendations be in place by the time TIS took effect.

The Assembly immediately took up legislation implementing the recom-mendations, however, the Senate did not agree with the Assembly version, and both parties were unable to reach an agreement on a proposal, and truth in sentencing began without guidelines or a commission in place. After a period of deadlock, the Assembly and Senate reached a compromise in the summer of 2002. The result, 2001 Wisconsin Act 109, enshrined the committee's recommendations virtually unchanged.

There was nothing in the Act which created Act 283 known as the original truth and sentencing that provided for the bill to pass if the legislature did not reach an agreement. The Bill, in order to become a law, would have to comply with the constitutional requisites be-fore being forwarded to the Governors office for signing into law. However, this was sent to the governor without both houses reaching an agreement and therefore did not comply with the constitutional requisites. Accordingly to In re Round ,659 N.W.2d 374, 2003 SD 30 and State v. Gonzales, 645 N.W. 2d 264,253 Wis. 2d 134,2002 Wi 59 the legislature must comply with Constit-utional requisites in passing legislation.

Right now we are in the process of researching the possible breech of procedural rules in the enactment of TIS1. It is my hope that research will lead us to finding that the manner in which this bill was passed, the first TIS would be invalid under the law. There is a question that to be valid, legis-lation must be enacted in conformity with the Constitution, Minnehaha County v. South Dakota st. Bd. of Equal, 84 S.D. 640, 176 N.W. 2d 56 (1970).

It is also my contention that Act 109 is invalid because there was no provision within the first bill for it to be enacted as a remedial law. If there is one because it is remedial it should have been retroactively applied to all those under act 283. In Joyner v. Monier Roof Title,Inc., 784 F.Supp. 872 the court held that statutory changes "'which are remedial or procedural" in nature apply retroactively, while those that render ‘substantive’ changes apply prospectively.” In Schulz v. Ystad, 456 N.W.2d 312 the court held “substantive law creates, defines, or regulates rights or obligation while remedial or procedural law proscribes method to be used in enforcing right or remedy.”

Only a movement by the people is going to repeal TIS and PAC is a part of the movement. Many legislatures and groups are working to do so but are helpless without the support of the public and your families are the public. You should encourage your family to write to PAC and join the campaign to repeal TIS. Ask them to subscribe to PAC for its newsletter and request that PAC forward to them information as to how they can become involved in the campaign to repeal TIS.

If you want PAC to forward information to a family member or friend as to how they can become involved in the campaign to repeal TIS, please send PAC a stamp for each name you would like information forwarded to.

Those of you who want to help with the campaign who are a victim of this leg-islation who want to learn more about it can also send donations to PAC to assist and subscribe to the Newsletter.

The repeal of TIS is a possibility and can only be realized if we all take part in it. We must not be fooled by rumors that something is going to happen soon, and what we heard someone say. We must all take action and not sit and wait for another to do the work for us. There is no better time than now.

The public is fed up with all this money being spent on prisons, taken away from the schools and community projects. With election time coming up soon there is no better time.

Please encourage your family members and friends to join the struggle. Tell other prisoners as well to write PAC and send donations to help with this campaign.

Your Comrade, Frank R.
Women at Wisconsin’s Taycheedah Prison Suffer Medical Neglect and Receive Worse Mental Health Care Than Men

MILWAUKEE May 2, 2006 In the first class action lawsuit on behalf of women prisoners in Wisconsin, the American Civil Liberties Union is charging that the state prison system puts the lives of women prisoners at risk through grossly deficient health care and provides far inferior mental health treatment as compared to men.

The lawsuit, filed by four women prisoners at Taycheedah Correctional Institution, the ACLU’s National Prison Project and the ACLU of Wisconsin, asks the court to order reforms to the system so that constitutionally ade-quate care is made available.

“When the government puts someone behind bars, it has an obligation to provide humane treatment,” said Gouri Bhat, a lawyer with the National Prison Project. “The women at Taycheedah are in prison to pay their debt to so-ciety, not to be subjected to untreated disease and premature death. But that is exactly what they are enduring at Taycheedah.”

In a legal complaint filed on Monday, the ACLU charged that the prison’s health system violates the Constitution’s Eighth Amendment prohibition on cruel and unusual punishment, as well as the Fourteenth Amendment guarantee of equal protection, because the women receive mental health care far inferior to what male prisoners receive. The ACLU said these lapses in mental health care occur against the backdrop of a prison system that has a suicide rate of twice the national average.

According to the complaint, the system dramatically fails women with both physical and mental diseases, as two well-publicized incidents demonstrate. In February 2000, a 29-year-old asth-matic prisoner collapsed and died in Taycheedah’s cafeteria after repeated requests for medical help. In June 2005, an 18-year-old suicidal prisoner hanged herself in her cell while supposedly “in observation” in the mental health unit at Taycheedah, which provides no in-patient care and serves only to isolate and punish the most vulnerable wo-men. Unlike the women at Taycheedah, men with severe mental health issues may be assigned to the Wisconsin Re-source Center, an inpatient psychiatric facility that provides round-the-clock care and individualized treatment for male offenders. (cont. page 3)

Even beyond these high-profile cases, the medical system is failing women at Taycheedah on a daily basis, said the ACLU. The lawsuit graphically describes the human suffering resulting from the breakdown of an understaffed, underfunded and dangerously dysfunctional health care system in Wisconsin’s prisons. One of the plaintiffs, Debbie Ann Ramos, was not seen by a gynecologist for seven years after arriving at Taycheedah, despite a diagnosis of chronic endometriosis and progressively worsening vaginal bleeding. Ramos ultimately needed a hysterectomy that might have been avoided by timely care.

Another prisoner, Tammy Young, developed painful, bleeding sores on her scalp in November 2003. Despite her repeated requests for treatment for more than 18 months, the medical staff at Taycheedah failed to test Young for MRSA, a highly contagious form of staph infection that plagues prisons and other institutions. Today, scores of women at Taycheedah are infected with MRSA.

The prison’s mental health system – which seems to consist of little more than solitary confinement and the over-prescription of psychotropic drugs – may be responsible for even greater harm. One of the plaintiffs, Kristine Flynn, has received no group or individual therapy in five years at Taycheedah even though she has been diagnosed as bipolar and seriously mentally ill. Flynn attempted suicide six days after her eight medications were abruptly discontinued by prison staff. Vernessia Parker, another plaintiff who has been suicidal, was found by a court to be in need of in-patient mental health treatment but has never left Taycheedah, where she rarely sees mental health care staff and her calls to crisis intervention staff go unanswered for weeks

“These situations are not isolated mistakes,” said Larry Dupuis, the ACLU of Wisconsin’s legal director. “They are manifestations of a system that has been in crisis for years, and the state has made no meaningful effort to address its underlying problems.”

A 2002 study by the National Institute of Corrections found grossly inadequate staffing, confused lines of supervision and almost no mechanism for preventing medical errors throughout the Wisconsin prison system. Compounding the problem, medicines are distributed by untrained prison guards instead of medical staff. Other internal studies have confirmed the seriousness of these problems.

“It is time for Wisconsin to live up to its constitutional obligations to provide decent health care to women in its custody,” said Chris Ahmuty, the ACLU of Wisconsin’s executive director. “Since the legislature and the administration can’t muster the political will to do so voluntarily, we are asking the courts to order these reforms, before more women suffer and die unnecessarily.”

The lawsuit was filed against senior officials in the state corrections department as well as Governor Jim Doyle. The four named women in the lawsuit are Ramos, Flynn, Parker and Lenda Flournoy. A copy of the complaint is online at: http://www.aclu-wi.org.

ed.- We have a copy of the 20 page DOJ investigative report dated May 1, 2006. This is a devastating report, and as we read it, we can’t help but wonder what third world country Taycheedah is in.

Constitutional Challenge Filed to WI Sex Offender Registration Statute

Wisconsin Statute § 301.45 is violative of various constitutional protections. (1) It violates the Ex post facto clause by allowing the government to refuse, after the fact, to play by its own rules, and deprive a person of fair warning, so as to allow a legislature to pick and choose when to act retroactively risking arbitrary, and potentially vindictive legislation that issue out of the feelings of the moment. (2) Wisconsin Statute § 301.45 allows the government to burden fundamental or important liberties without an indiv-idual determination of dangerousness in violation of due process. (3) Wisconsin Statute § 301.45 imputes individual dangerousness to a discrete and insular minority based on stereo-types. (4) Wisconsin Statute § 301.45 unconstitutionally imposes a depriva-tion of liberty on designated groups based on a legislative determinations that members of the group possess the "taint" of dangerousness. The brief was filed by public defender, Paul Ksicinski, on April 6.

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Washing one's hands of the conflict between the powerful and the powerless means to side with the powerful, not to be neutral. -- Paulo Freire
Porchlight in Madison

A second chance. A warm bed. Hope. Opportunity. A helping hand, not a hand out. This is what Porchlight, Inc. is all about. Our mission in the community is a challenging one. The cause of home-lessness - inadequate job skills, a dire shortage of affordable housing, mental illness, and substance abuse - defy easy solutions. It is only the generous support of the community and the dedication of our staff, Board, and volunteers that make it possible for us to help people overcome homelessness.

As a not-for-profit, volunteer agency, Porchlight provides emergency shelter, food, employment services, counseling, and affordable transitional and per-manent housing. Our primary mission is to meet the needs of homeless house-holds in the Madison area through services designed to foster indepen-dence and the transition into perma-nent housing and employment. Porch-light is a ministry of concerned people committed to ensuring that all res-idents of Dane Co. have a place of shelter, freeing them from the fears and intimidation of living on the streets, and offering them respect and dignity as they search for solutions to their dilemmas.

Porchlight, Inc. 306 N. Brooks Street Madison, WI 53715

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Capitalism is the extraordinary belief that the nastiest of men, for
the nastiest of reasons, will somehow work for the benefit of us all.-- John Maynard Keynes
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Meeting in Governor Doyle’s Office
Angela Russell is Governor Doyle’s Agency Liaison, overseeing the DOC. On May 4th, 2006 5 prisoner advocates met with her in the Governors State Capitol office. Wisconsin CURE, Voices Beyond Bars, Community Reintegration Project, and PAC were all represented, and presented questions to her about the oversight the Governor’s office exercises over the Parole Board and the DOC. Ms. Russell is new to the job, and it was apparent that we were informing her more than she was us.

She was candid and forthright and promised to get back to us with answers to the questions we had. She also extended the invitation to call her whenever we needed to clarify the Governor’s position on matters that concern us.

Supermax Essay

The recent “changes” at WSPF along with a few very heartfelt and insightful letters have stimulate some discussion at PAC about the importance of chronicling the history of this oppres-sive institution.

The history that needs to be written, is from the voice of the oppressed, the victims of this insane institution must be documented. Not just the petty deprivations, lack of healthcare, denial of food, etc. etc., but the feelings of having one’s humanity systematically stripped away. What needs to be documented and acknowledged are the hopes that kept you alive and the methods you used to retain your dignity.

As the “Berge” phase of WSPF’s dismal history comes to a close, the nightmare will for many start to dissolve away. Those who have endured this dreadful experiment will no doubt suffer the effects for many years, and some may never recover, but the reality will fade. Memory will either enhance or dull the experience.

It is for that reason, that we wish to document this short but tragic history of Supermax. This will take the form of a long essay, containing the writings of the victims, and may become a book. This will be a collaborative effort between those who have experienced Supermax and PAC’s editing/writing group. Whether it is ever published, will depend on our collective skills as writers and your ability to convey and recall the events.

We will be seeking to interview “graduates” and those still confined, litigators and those who quietly comp-lied. The rationalizations of officials may be presented, but only to expose their hypocrisy. There was no good reason for this prison to have been built, and the efforts by the DOC to justify it’s existence has brought misery, pain, suffering, and death.

The working title for this essay will be “The Solitary, Poor, Nasty, Brutish and Short Life of Supermax”. This is a play on a quotation from Thomas Hobbes a 17th century philosopher whose ideas we despise. Anyway, you get the idea. Any proceeds from this work (if there are any) will be donated to Prisoner’s Action Coalition which works in solidarity with Wisconsin prisoners.

If you are interested in documenting your experience, let us know. We will be developing a line of questions that will require some essay type answers and we hope this will stimulate recollection. We hope also, that this documenting will serve as a cathartic exercise, to purge the horror. We can and will access court records to document dates and circumstances, but what this essay is about is your feelings, your perceptions, what went through your head as you were shackled, strip searched, denied food, denied medical attention, denied recreation, denied reading material, made to sleep with your head near the toilet, with constant lights on, with cameras in the cell, in the summer heat, with closed circuit television visits, and a million other inhumanities.

In solidarity,
PAC Supermax essay group

Ph.D. Candidate Wants to Correspond with Wisconsin Prisoners
Professor Eric Loizeau, from Aix en Provence University (France) is currently working on a Ph.D. about WI DOC, He writes:
I am looking for prisoners who would be willing to share their opinions of the prison system and write about their incarceration. I would like to know what you feel about such subjects as rehabilitation, work programs, conse-quences of incarceration on the outside, racism, your experience as a minority in the WI prisons, etc... Also, I strongly need help from prisoners from Taycheedah and from prisoners from the Native American community. I simply promise to write back to anyone ready to write about their conditions to someone in Europe. Write to:
Eric LOIZEAU
58 AVENUE DES CAILLOLS
Batiment A4
13012 MARSEILLE
FRANCE
or send your letters to PAC’s office and we will forward them.

Death Penalty Referendum on the November Ballot - Are they crazy?

Wisconsin has been without the death penalty since 1854. Increasingly, both nationally and internationally, govern-ments have outlawed, considered outlawing, or declared moratoria on executions because they recognize the judicial system is highly compromised.

Stop this insanity!! Tell your friends and neighbors to vote NO! Send a message to the reactionary “tough on crime” politicians. Enough already!!
Old Law Inmate,
Terrance J. Shaw, #138254
Oshkosh Correctional Institution

Since my last update to the readers of PAC, I haven't heard anything from the court. However, I thought I would use this quiet time to explain an old law issue to the readers that may be of interest to other similarly situated old law WI DOC inmates.

In my last update I pointed out that the federal judge decided that I could bring 5 of the 7 issues that I raised in my Complaint. Shortly after the judge handed down his DECISION AND ORDER in this regard, I, with the assistance of my jailhouse lawyer from Waupun, Vances H. Smith, filed a MOTION FOR RECONSIDERATION with the court on the 2 issues the judge dismissed. The two issues we presented for review are the following:
1. The Application of Ex-Governor Thompson's Directive caused an Ex Post Facto Violation, even though its language appeared to apply only to prisoners who were serving sentences with mandatory release dates.
2. Count VI of Plaintiff's Complaint states a cause of action for conspiracy to violate his right to a "FAIR PAROLE HEARING" for which he has a protected liberty interest.
It's the first RECONSIDERATION issue that I'd like to discuss with the old law PAC readers (specifically lifers). The judge dismissed this Ex Post Facto Clause issue. The judge justified it by concluding the Complaint failed to state a claim for relief on Ex Post Facto grounds (in Count II) because the allegations only alleged "that the directive applies to [v]violent offenders who have reached their mandatory release date." The judge decided that since I am a lifer and don't have an MR date, he would dismiss Count II.

In my MOTION FOR RECONSIDERATION I argued that further review of my Complaint will reveal the allegations went further in regards to the application of Governor Thompson's 1994 Directive. A review of Paragraph 7 of the Complaint also alleges "this Directive was intended to increase the amount of time that WI DOC prisoners convicted of violent offenses before April 28, 1994, remain incarcerated." This allegation suffices to state a claim for an Ex Post Facto Clause violation based on the "Directive." It appears this Court only analyzed the potential Ex Post Facto claim based on a facial challenge to the "Directive." (cont. on page 5)

May 2006 newsletter

2006-05-22T05:14:00.000-07:00

However, the claim was based on the application of this "Directive" that was alleged to constitute an Ex Post Facto Clause violation. Then we went on to cite case law precedent to support our argument. I am pointing out the significance between the facial challenge and the application of the Directive, so that lifers (like myself) who don't have an MR, will know the difference. I think we made our legal position very clear to the judge, so the issue will boil down to whether the court will accept it or not when he decides on my MOTION FOR RECONSIDERATION.

I would also like to mention that I have been getting some personal mail from inmates who read PAC, in regards to what is the difference between my Ex Post Facto Federal Law Suit against the WDOC, and what PAC is proposing to do in court on behalf of all WDOC old law inmates. My lawsuit is personally tailored to me and my own particular circumstances and situation. That is why my Complaint covered 7 issues. Most of my issues don't directly involve "all" old law inmates. It's primarily the Ex Post Facto Clause issue that we share in common. If I can win my case against the WDOC, then the PAC class action lawsuit on behalf of ALL old law inmates can cite the court's decision in my case to buttress their case. I want to say to all the WDOC old law inmates, that I highly recommend you all throw your support behind PAC and their efforts to bring this Ex Post Facto Clause issue before the court on behalf of ALL WDOC old law inmates. Don't just sit on the fence and take that "wait and see" attitude. The PAC class action lawsuit that they are working hard at preparing to file is an appropriate venue for all WDOC old law inmates to get behind and actively support.

Well this is about THE BIG PICTURE at this time. I pray the blessings of 3John2 for all of my (both old and new law) fellow inmates.
Peace,
Terrance J. Shaw
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Whatever little we have gained we have gained by agitation, while we
have uniformly lost by moderation. - Daniel O'Connell, 1824

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He who allows oppression, shares the crime. --
Erasmus Darwin

Old Law Update May, 2006

After reading many letters from various individuals it has become essential for me to address some issues as they relate to the Old Law litigation. We hear your voices and the call for justice related to new policies and practices of the Program Review Committee (PRC). We also hear your cry against the injustice in which those who are denied placement in treatment programs cannot be considered for parole and work release.

I must reiterate as stated in the March issue of the New Abolitionist, while these issues are valid, members of the research committee all agree, that raising the PRC issue in this context would be a very serious distraction to the Ex Post Facto argument.

We must remember that a law need not be retroactive on its face to engage the ex post facto prohibition. It is the effect, and not the form of the law that determines whether or not the law has been applied ex post facto. The critical question is, whether inmates can prove that they have been substantially disadvantaged by the new law.

To satisfy this test, Old Law prisoners whether serving a life term or not must show that these new parole guidelines create a high hurdle to the exercise of discretion, and therefore exposed them to a substantial risk in their opportunity to be paroled.

Thanks to Mr. Norman Pepin, we have obtained charts which show sentence length and reincarceration rates; inmate releases 1980-1993 (excluding lifers); average sentence length, by year of release (excluding lifers); average sentence and time served for serious offenses from 1980-1993 releases; average percentage of sentence served, by year release (excluding lifers); average years served, by year of release 1980-93 (excluding lifers); effect of prior felony conviction on time served-releases 1980-93 (excluding lifers); and life sentence released, 1980-1993.

Mr. Pepin has also provided us with the January 1982 Overview of release experiences of Lifers in Wisconsin Institutions during 1967-81 compiled by the Department of Health and Social Services Wisconsin Parole Board, Fred W. Hinickle, Chairman. Like the parolability range provided us by Mr. McMillian these materials are essential to the litigation. We continue to seek

documents that will bolster our case. If you have any parole documents that suggest a change has taken place, send them to PAC.

The proper standard for determining whether or not any expression of state power, be it law, regulation or a parole practice, violates the ex post facto prohibition must consider two components. First, the law, regulation or practice must have been applied retroactively. Second, the law, regulation or practice must create a “sufficient risk” of increasing the punishment attached to the crime.

For your information, there is one person working for liberation on a full-time scale without any pay, and the vast majority of the cost for the newsletters comes out his pocket. He is not a selfish person who sits in society and does nothing to help his fellow men and women. He has never been imprisoned, but cares about the many of you inside who have no one who cares. Many family members have abandoned their incarcerated loved one. He has not given up despite the cost and difficulty of the task. Many inside sit back and spend their money on tennis shoes and other items; they should think about donating a few dollars to the cause every so often.

They can also ask family members and friends to volunteer and arrange speaking engagements so an “old law” speaker can educate the public about our cause. The more of us involved and the more family members the better our chances of getting support.

A storm is brewing in Ohio. A litigation just as the one we seek to file is before the courts in the summary judgment stage, and being argued by inmates with assistance from family members and friends. If you want to check it out please look for Michael, et al., v. Ghee, et al., Case No. 3:01CV7436. In the United states District Court for the Northern District of Ohio Western District.

Liberation Now! Liberation Forever!
research committee

At press time, there were over 300 prisoners signed onto the old law class. Some have written to ask if they have been added. To avoid confusion, on the reverse of this page, please find a form that will help the organizers analyze the class. PAC cannot answer legal questions. We will forward inquiries to the research committee. PAC

Old Law Class Action Suit

Prisoner information form
Many of you have already signed onto the class action suit, but we would like to have a more formal information sheet for all plaintiffs, and use some of the information requested to better form our argument to the court. Thank you, old law litigators.

Date_________________

PERSONAL INFORMATION
Name___________________________________DOC #______________
Current institution__________________________________________
Address____________________________________________________
City_______________________________________, WI Zip__________

SENTENCE
Date of conviction_____________County________________Case #__________________
MR - PMR (circle one) Date_______________Parole eligibility date___________
1st Parole hearing date_________________ recommendation_______________________
reason for defer/action taken by PRC __________________________________________
______________________________________________________________________________
2nd Parole hearing date_________________recommendation_______________________
reason for defer/action taken by PRC __________________________________________
______________________________________________________________________________
List other hearing/defers/actions on separate sheet of paper

SPECIAL NOTES
Please add as much information as you have about the following:
1. Approximate length of sentences of others convicted of a similar crime at the time of your conviction (this is to establish what your judge may have considered “enough” punishment when sentencing you).
2. Aside from program needs, what other changes have occured in extending the length of your sentence (how has the DOC/parole board changed its criterion for REAL parole consideration) ?
3. Have you initiated any litigation regarding parole? Please include your case # and disposition of the case.
4. Make copies of this form and give them to other prisoners similarly situated.
5. If you want confirmation that we have received this form, please enclose a SASE or a 39¢ stamp.
6. Get your family involved. Ask them to send PAC a donation.
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Dear Prisoners Action Coalition,
Enclosed is a donation of $_________ to be used in the effort to find justice for prisoners sentenced prior to Jan 1, 2000. These prisoners suffer under new political realities that were not in place when they were convicted. These new realities manifest themselves in lengthy defers and unreasonable hurdles in gaining parole. I want you to use my contribution to help with research costs, printing and mailing of updates, and in the search for legal representation.

Thank you,

_________________________________________________________date_______________________

The Slow Rot at Supermax
By Richard A. Serrano, LA Times

At Moussaoui's future home in Florence, Colo., inmates are reportedly not merely punished, but incapacitated and broken down.

Halfway through the trial, prison expert James E. Aiken looked straight at jurors and told them what Zacarias Moussaoui could expect if they sent him away for the rest of his life. "I have seen them rot," he said. "They rot." Aiken was describing what happens to the nation's highest-risk prisoners after they settle in at the federal government's maximum-security prison in Florence, Colo., known as Supermax.

Moussaoui was formally sentenced Thursday to life in prison after a federal jury rejected a death sentence for the admitted Sept. 11 conspirator. Officials at the Federal Bureau of Prisons said that Moussaoui was destined for the facility high in the Colorado Rockies.

Already there is a veritable "bombers' row" — Ramzi Ahmed Yousef, master-mind of the 1993 World Trade Center blast; Unabomber Theodore Kaczynski; Terry L. Nichols, an accomplice in the Oklahoma City bombing; Richard Reid, the so-called shoe bomber who Moussaoui testified was to join him in another Al Qaeda hijacking; and Eric Rudolph, who bombed abortion clinics and the Atlanta Olympics.

All, like Moussaoui, are serving life without parole — spending their days in prison wings that are partly under-ground. They exist alone in soundproof cells as small as 7 feet by 12 feet, with a concrete-poured desk, bed and stool, a small shower and sink, and a TV that offers religious and anger-management programs. They are locked down 23 hours a day.

Larry Homenick, a former U.S. marshal who has taken prisoners to Supermax, said that there was a small triangular recreation area, known as "the dog run," where solitary Supermax prisoners could occasionally get a glimpse of sky. He said it was chilling to walk down the cellblocks and glance through the plexiglass "sally port" chambers into the cells and see the faces inside.

Life there is harsh. Food is delivered through a slit in the cell door. Prisoners don't leave their cells to see a lawyer, a doctor or a prison official; those visitors must go to the cell. But prisoners can earn extra privileges, like a wider variety of television off-erings, more exercise time and visit-ation rights, based on their behavior.

There are 1,400 remote-controlled steel doors. Motion detectors and hidden cameras monitor every move. The prison walls and razor-wired grounds are patrolled by laser beams and dogs. The facility is filling up. Four hundred inmates are there now. There is room for 90 more.

Looking to restore order after a rash of prison violence at the federal maximum-security lockup in Marion, Ill. —the facility that replaced the notor-ious Alcatraz prison in San Francisco Bay — officials in 1983 put the prisoners on indefinite lockdown.

California was among the first states to copy the concept, opening super-secure units in Corcoran in 1988 and Pelican Bay in 1989. The federal Supermax prison in Colorado was opened in November 1994. Nobody has escaped. "We just needed a more secure facility," said Tracy Billingsley, a spokeswoman for the Federal Bureau of Prisons. "We needed to bring together the most dangerous, that required the most intense supervision, to one location."

In his trial testimony, Aiken said the whole point of Supermax was not just punishment, but "incapacitation." There is no pretense that the prison is preparing the inmate for a return to society. Like the cellmate of the count of Monte Cristo who died an old, tired convict, Aiken said, "Moussaoui will deteriorate." The inmate "is constantly monitored 24 hours a day, seven days a week," he said. "He will never get lost in a crowd because he would never be in a crowd."

Christopher Boyce, a convicted spy who was incarcerated at Supermax, left the prison about 100 miles south of Denver with no regret. "You're slowly hung," he once told The Times. "You're ground down. You can barely keep your sanity." Bernard Kleinman, a New York lawyer who represented Yousef, called it "extraordinarily draconian punishment." Moussaoui might be a haousehold name today, "but 20 years from now, people will forget him," Kleinman said. "He will sit there all alone, and all forgotten."

Ron Kuby, another New York defense lawyer, has handled several East Coast "revolutionaries" who went on a killing spree, and a radical fundamentalist who killed a rabbi in 1990. All were brought to Supermax. He thought Aiken's description that prisoners rot inside its walls was too kind. "It's beyond rotting," he said. "Rotting at least implies a slow, gradual disintegration."

He said there were a lot of prisons where inmates rot, where the staff "plants you in front of your TV in your cell and you just grow there like a mushroom. But Supermax is worse," he said. "It's not just the hothouse for the mushrooms. It's designed in the end to break you down."

WHO SAYS WISCONSIN DOESN'T HAVE TIlE DEATH PENALTY?
by Mustafa-El Ajala,
On Psychological Death Row

Green Bay, WI. - Technically, Wisconsin doesn't have the death penalty. However, it does have a penal system with a prisoner mortality rate exceeding the execution rates of any state in the U.S. Only here it is the conditions of confinement that has led to suicide as the form of exacting that ultimate punishment.

A January 2006 report by Wisconsin Department of Corrections (DOC) mental health director Kevin Kallas and psychology director Don Hands has revealed that suicides are committed within WI. prisons at a rate nearly twice the national average. The nation averages 14 suicides per 100,000 prisoners, while WI. averages about 25 per 100,000. From 2001 - 2005 there were 28 suicides at the state’s prisons, averaging 7 suicides per year.

The latest death is that of prisoner John Virgin, a striving Brother of the incarcerated Islamic Community and a personal friend. We spoke and saw each other regularly; that is, until he was taken to the segregation unit of Green Bay Correctional Institution (GBCI), and placed in "the box" (the boxcar cells of the unit). John, just 25 years old, with only 15 months remaining on a 2 years sentence, reportedly hung himself on April 7, 2006.

In the box prisoners are isolated from the general population and subject to much harsher conditions: 23-24 hour cell confinement, limited communication, sleep deprivation (cells illuminated 24 hrs... a day), loss of property (t.v..., radio, books, etc.), no-contact visits, denial of food, clothing and running water, among other similarly atypical hardships.

In July 2000, while confined to WI’s Supermax Prison, I and co-plaintiff Emir Shabbaz (a.k.a. Michael Johnson) filed a class action law suit which resulted in the U.S. . District Court for the Western District of WI. finding that such conditions as these described in the box violates the 8th amendment prohibition against cruel and unusual punishment when prisoners exper-iencing psychological problems, or with a history of them, are housed there. See Jones-El V. Berge, 164 F.Supp.2d 1096 (W.D. WI 2001).

In spite of the Jones-El decision, nearly 5 years later Kallas and Hands’ report show a steady increase from 2001-2005 of mentally ill prisoners being subject to the conditions of “the box”. In fact, officials report that they are placing prisoners with mental illnesses in these type of "segregated settings" at a rate twice that of other prisoners.
Quoting Kallas, “We recognize that being in a segregated setting can lead to more mental health issues." There is clearly no lack of awareness of the debilitating and lethal effects of WI. segregation units, and especially at GBCI.

In July 2001 mentally ill and epileptic prisoner Kelvin Brooks was placed in GBCI’s box and accused of violating the rules. As a result, he was placed on a food restriction known as "seg. loaf" (a medley of congealed food particles) which caused him to vomit, making it impossible to keep down his anti-seizure medication. On July 12, 2001, disturbing videotapes show Brooks buck naked in the cell (on "clothing restriction") and having full blown seizures repeatedly, which GBCI staff claimed he was faking to get his clothes back. He was already in rigor mortis when medical personnel did respond. On November 1, 2004, his family settled a wrongful death suit against the DOC for $600,000 dollars in the case of Brooks v. Bertrand, #01-C-1017.

Just last year GBCI s notorious "box" claimed the life of prisoner Jae Sumners on October 17, 2005, reportedly a suicide. Method of death? Hanging. Who says WI. doesn't have the death penalty?

While WI.'s seg. units make up only 10% of its 22,000 person prison system, more than 50% of its suicides occur there. Most of these occur at the state's 6 maximum security prisons where more than half of the state's seg. units are, in some cases making up 20%-25% of the prison.

GBCI is one such prison with approximately 20% of its available bed space comprised of seg. cells. It's operating capacity is for a population of 749 prisoners, but it houses 1088 at this writing. The cry of prison overcrowding and the need for more building, and thus more jobs, is echoed throughout the state by proponents of the prison industrial complex.

However, instead of building more general population units, the DOC has chosen to build more and more high-tech, expensive, and draconian control seg. units, and are using them in place of general population units. Once built, these units, as a matter of necessity, must be filled. Since WI. state prisons aren’t known for frequent homicides, rapes, and riots, as are some more notorious prisons, these units are being filled up mostly with prisoners who have committed only minor offenses (shoes untied, pants sagging, talking too loud, etc.), and the mentally ill. These are offenses a prisoner would hardly be placed in seg. for in most prisons.

Moreover, prisoners in WI. are doing more time in seg. for minor offenses. WI. prisoners once housed out-of-state (Minn., Texas, Tenn., Miss., Ok., Federal prisons) invariably report doing no more than 30-90 days in seg. for the type of offense. (fighting, use or possession of intoxicants, soliciting staff, etc.) that prisoners here often find themselves doing years in seg. for. Thus, it is no strange wonder that WI is leading in prison suicides. It's basic mathematics. If most suicides occur in seg. units and by the mentally ill, and WI. is keeping its mentally ill prisoner there at twice the rate of other prisoners, for minor offenses, and for longer periods of time, you're gonna predictably have more suicides there.

So, why was our brother John Virgin placed in "the box"? For having a pair of state issued pants that didn't have his name and prison # on them, and it cost him his life. You would think that with these type of offenses being the DOC's usual worries, as opposed to more serious offenses, the prison population would be rewarded with more privileges, better prison jobs and wages, a greater good-time program, etc. Instead the reward in WI. state prisons has been new control seg. units, a ban on cassettes tapes, on smoking, on most hip-hop magazines, a 30% wage cut, and the building of an unjustifiable Supermax prison, at a cost of over 44 million dollars, which now

has to be made into a general population -- what it should have been in the first place.

Consider, prior to November 1999, when Supermax Correctional Institution (SMCI -now called Wisconsin Secure Program Facility) opened, there were only an average of about 30 WI. prisoners on administrative confine-ment (as security threats), out of 20,000. Less than a year of SMCI being opened that number increased to over 300, a 1000 % increase. Impossible, but true. There were no unprecedented violent incidents in the prison system, so what was the justification? There was and is none. It was simply a part of the prison industry’s evolution into a self-serving machine and placing its profit interest over the state's penological interests and prisoner's well being. A case of “We shape our buildings, and afterwards our buildings shape us.” (Winston Churchill, addres-sing the House of Commons, Oct. 28, 1943).

Punishment for crime is supposed to be loss of liberty, not humanity, and not a
person's sanity. It is clear that this problem with WI.'s prisons has grown lethal, making it impossible for some prisoners to survive within the system and obviously not capable of surviving outside it. However, “The human question is not how many can possibly survive within the system, but what kind of existence is possible for those who do survive?” - Dune. For the proponents of the death penalty the message should be clear: Before worrying about instituting a ~ death penalty, try fixing the one you already have.

My prayers and condolences go out to John’s family, and each family of those slain here on WI.'s psychological death row. Can anybody out there hear me? WI. definitely has a death penalty, because they are literally killing us in here!

Mustafa-El is prisoner at GBCI, a prisoner legal aid, social activist, and freelance writer. For more information he may be contacted at:
Mustafa-El K.A. Ajala (F.K.A. Dennis E. Jones-El #223971
P.O. Box 19033
GBCI Green Bay, WI. 54307-9033
or
1633 N. Wisconsin Street
Racine, WI. 53402
1632 N. Wisconsin Ave. Racine, WI 53402

WI prison suicides are twice national average
By Anita Weier
April 3, 2006
The Capital Times

More than half of state prison suicides in Wisconsin occur in single-cell "segregated" units where inmates are kept apart from the general prison population, though only 10 percent of the beds in the 22,000-person system are segregated.

The suicide rate in segregation units is about 10 times that of general units, according to a recent Department of Corrections suicide prevention report.

Suicides in Wisconsin prisons average about twice the national number.

A January report by Dr. Kevin Kallas, a psychologist who became the state Department of Corrections' first mental health director three years ago, and Department of Corrections psychology director Don Hands, said that the annual suicide rate averages out to about 14 per 100,000 inmates nationally, while Wisconsin's is 25 per 100,000.

"In recent years, the Wisconsin Department of Corrections has averaged six suicides per year, about twice the national average," the report said.

In 2002, the Criminal Justice Institute Corrections Yearbook ranked Wisconsin 12th highest among the states for suicides as a percentage of total inmate deaths in prison, with suicides running at 10.6 percent.

There were 28 suicides in Wisconsin prisons from 2001 through 2005, three that occurred out-of-state when Wisconsin was sending prisoners elsewhere, and one in the Wisconsin Resource Center, which is managed by the Department of Health and Family Services.

Most occurred at night and most were by hanging. For prisoners in the state system under age 35, suicide was the most common cause of death.

State institutions with the most suicides in 2001-2005 were Waupun Correctional Institution, with five; Columbia Correctional Institution, three; Jackson Correctional Institution, three; Racine Correctional Institution, three and the Green Bay Correctional Institution, three.
Discipline problems: More suicides likely occur in segregated settings - such as solitary confinement - because mentally ill people are placed there at twice the rate of other inmates, Kallas said.

"It is nearly always a discipline issue. It varies by unit and institution," he said, adding that people with mental health problems tend to have more disciplin-ary problems and more difficulty obeying rules.

Factors that may increase the suicide rate in segregation, according to a Department of Corrections training document, also include distress over a conduct report or placement in segregation and fewer options for dealing with stress or bad news.

"The extent to which people have problems depends on the individual person and his emotional makeup. Some do better in segregation because they are not in conflict with other people or because they do better in a quiet atmosphere. It can go both ways," Kallas said.

"We recognize that being in a segregated setting can lead to more mental health issues. That is why it is good to do regular rounds."

Corrections officials say they are trying to prevent suicides with training and better communication.

Since November 2002, all new correctional officers have been given eight hours of suicide prevention training prior to the start of employment. And since 2003, new health care staff have been trained in suicide prevention.

A new curriculum is also being taught to other front-line staff, with all expected to be trained by the end of this year. Such training concentrates on identification of people who are suicide threats through awareness of symptoms and causes.

"This is a curriculum psychologists are presenting to front-line staff including correctional officers, health care workers, chaplains and social workers. Other states have found one of the most effective things they can do to prevent suicide is staff training teaching them how to recognize signs and clues," Kallas said.

Communication between divisions is another vital factor, Kallas said. Eighty to 90 percent of "adverse outcomes"

had to do with lack of communication between divisions, such as security, psychiatry and medical.

"We started multidisciplinary meetings once a week where we discuss anyone who has a mental health challenge," Kallas said.

Roadblocks: One difficulty blocking suicide prevention efforts is the fact that the department's administrative code only requires that clinical staff have to respond within two days after security personnel place an inmate in "clinical observation" status, in which an inmate is watched closely for suicide and other mental health issues.

Moreover, the two-day limit can stretch to five days over weekends and holidays. Officials would like to change that maximum response time to 24 hours.

However, correctional officers check those under clinical observation status every 15 minutes and their cells are visible from the officers' posts.

"We would like our psychologists to respond in 24 hours. In some institutions, they would be going in twice a weekend to do inmate interviews. Our psychologists don't get paid at nearly the rate of other professions for on-call work. Nurses get four hours of pay for carrying a beeper, while psychologists get one hour of pay," Kallas said.

Psychologists have resisted more weekend work, Kallas told a committee on adult and youth inmate deaths.

"To keep our staff, we will attempt to get better compensation for being on call. We've identified that as something we want to improve," Kallas said.

Any changes related to compensation would have to be bargained with union representatives, and negotiations are going on now, he added.

He noted that the prisons' clinical staff works well under difficult circum-stances.

"But there is a reluctance to take an exponential increase, coming in on every non-working day on call. Nobody said, 'I'm not going to do it.' But they suggested that if it adds more difficulty to the job, 'I will look elsewhere.' "

The fear of revolution

2006-05-22T05:01:00.000-07:00

THE FEAR OF REVOLUTION

by Ali Khalid Abdullah #148130
17601 Mound Rd. (NRF)
Detroit, MI 48212

We are living in a time when the government has completely lost touch with the concerns of the people. We see more police brutality against the people, more police in our com-munities, higher incarceration rates, more restrictions on constitutional freedoms, and career politicians saying and doing anything to win votes and get reelected. Yet, the people haven't gotten tired of the way government officials and their agencies are acting and treating them. They still have hope and belief in a system that is increasingly totalitarian and fascist.

Many of us are struggling to get the information out to the people so they will get involved in the major issues facing us. Unfortunately, many of us have also landed in death kamps because of our political and social beliefs and because we had the revolutionary spirit to take a stand either by word or by direct action. Though we have taken this bold and uncompromising step for real justice, we have found ourselves languishing in state and federal death kamps (i.e. prisons) under horrific, inhumane and deplorable conditions. And without any real support either from a moral, revolutionary, financial, or legal stand-point. We wonder where the people's concern or caring is. Thus comes the question "WHY???"

During the 1950's, 60's and 70's, New Afrikans (Black people) were fighting for freedom and equality. Now, over 100 years after the Declaration of Emancipation, New Afrikan people are still struggling for their rights. We fought against Jim Crow laws of the South, lynchings, unfair and unequal employment practices and pay, inferior housing, land takeovers - and we are still finding ourselves fighting these same issues today. There were groups like the Civil Rights Movement, the Southern Christian Leadership Confer-ence, the Pan Afrikan Congress, CORE, SNCC, the Black Panther Party, the Black Liberation Army, the New Afrikan Independent Movement, MOVE and a host of other politically active groups all demanding and struggling for political and social changes in Amerikkka. Also in this period the Amerikan Indian Movement, the anti-imperialist Movement and various Socialist and Labor Movements were raising their voices, taking action, direct action, and working to force the government to hear the VOICE OF THE PEOPLE!

Today many of the leaders and activists of the 50's, 60's, 70's and 80's have been assassinated by various government agencies under their COINTELPRO program. Others have been discredited, thrown in state and federal death Kamps to rot and die, or forced into exile - like sistah Assata Shakur who has been forced to live in Cuba to escape Amerikkka's abuse, and no one, or very few of us today, seem to be taking the hard measures needed to defend these violated people. What is going on and why are we allowing our lives to be controlled in this manner?

It appears that the people have lost the will to resist. They have lost the will to stand up and fight for what is right. Some of us have not lost our wills... yet we have no real community support to do anything of significance and make a difference. Some of us are still fighting, demonstrating, holding rallies, teach-ins or writing and publishing so that the people will be aware. But as a whole, we are doing nothing

It is hard for me to sit here, confined in this death kamp, and think about the many sacrifices that were made, the loves lost, the blood spilt, and not see any forward steps towards anything resembling justice. All I see is more repression and government abuse taking more and more away from the people. Have we become so pathetic that we will stand around in a crowd of fifty and let two police officers beat or shoot someone in our very presence and do NOTHING other than offer a nervous cry or a whispered shout to "stop?" Are we that afraid that we're ready to accept racial profiling and no-knock searches of our homes and businesses? Have we come to the point of total surrender to corporate Amerikkka's bullying, the same corporate Amerikkka that takes away benefits, downsizes and fires workers while destroying the unions the people have fought and died for? Is the spirit of revolution dead and does it now only exist in books, the alternative press and in our memories?

New Afrikan communities have lost all control in rearing and raising their children and the children have lost all respect for their mothers, who they now call "bitches," "hoes," and "crackheads" in frustration because of what they see. The children have no male models to learn from, few male teachers in schools and no fathers in their homes or their lives to properly love, guide, instruct, discipline and show them the way.

In the White communities, have the people become tolerant of their children joining racist hate groups (i.e., neo-nazis, skinheads and other groups) that target New Afrikans and other people of color, simply because they are too busy themselves chasing the kapitalist dream and have replaced their consciences with greed? .

A revolutionary consciousness, revolutionary thinking and action, are needed more today than in the 1950's, 60's and 70's, because the problem has gotten much worse. Racial prejudice is carried out in subtle "politically correct" ways - though increasingly these actions are becoming less and less subtle. We need to WAKE UP and realize that the only way we can have justice in this country is by holding those we've elected accountable or by removing them from office and letting the people serve the people. I will close with two quotes from President Abraham Lincoln:
Whenever they shall grow weary of the existing Government, they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow it. - First Inaugural Address

Any people anywhere, being inclined and having the power, have the right to rise us, and shake off the existing government, and form a new one that suits them better. This is a most valuable, a most sacred right, a right, which we hope and believe, is to liberate the world. Nor is this right confined to cases in which the whole people of an existing government may choose to exercise it. - U.S. House of Representatives, January 12, 1848

The above speeches were made over [150] years ago and the truth of these words stands out more today than at the time they were uttered. The people do have a right to stand up and defend their rights. But how many of us are exercising their right? How many of us are willing to follow what Abraham Lincoln said in his inaugural Address or stated to the United States House of Representatives?
There shouldn't be any question that we are in need of some accountability among today's politicians. Accountability in terms of the way they aren't representing the people but are taking advantage of them. So, what are WE going to do about this?
In the trenches...

Rehabilitation at Wisconsin's Supermax and Other Fairy Tales

2006-05-12T06:02:00.000-07:00

Rehabilitation at Wisconsin’s Supermax, and Other Fairy Tales
by Nate A. Lindell
created May 4th, 2006

When Wisconsin first opened it’s Super-max prison (then called the Supermax Correctional Institution (SMCI), there was no pretense of rehabilitating it’s inmates. Then Governor Thompson and his lackeys pushed hard their propaganda that they’d pack SMCI with “the worst of the worst” - I can tell you, after being at SMCI for more than 5 years, all inmates are not alike and few could be called “the worst of the worst: (if you sat down and spoke with them, as I have)... although a large minority could be called the stupidest of the stupid (given their irrational and self-destructive/self-degrading behaviors). After the settlement of the class-action suit against SMCI (which 90 % of us wanted to go to trial on ) prison officials agreed to make some changes, including ceasing to slander us all as “the worst of the worst” and degrading us no more than any other Wisconsin prisoner.

Apparently to justify it’s continued existence and high-price tag (consider, there are around 100 staff running SMCI ad 300-350 inmates here, while in a “normal” maximum security prison the same number of staff supervise 1000+ inmates). SMCI adopted a new name (i.e. Wisconsin’s secure Program Facility - WSPF) and now portrays itself as a facility that intensely rehabilitates troublesome inmates with loads of programs. Yet nothing has changed at WSPF (maybe a little velvet disguises the hammer), it still operates as Abu-Gharib - West, pounding the decency and humanity (and there’s not much to spare in many inmates) out of inmates here, dehabilitating prisoners who often have never been habilitated in the first place.

We should first understand what “rehabilitation” is and is not. It is not: a.) adopting religion; b.) getting a GED; c.) completing some mass-marketed programs; d.) becoming needy, weak, servile or blindly complacent towards government officials; or; e.) being crippled by guilt for the harms we’ve caused. Maybe, to a degree, some of these things will occur when one’s rehabilitated, but they aren’t rehab-ilitation. What rehabilitation is, or should be, if one’s objective/just and realistic, is helping a prisoner to realize that: a.) he can achieve his/her life goals without resorting to crime, and ; b.) enabling and helping them to get rid of all the stinking thinking and emotional garbage that made them capable of committing their crimes in the first place. The rehabilitation mindset is inside all of us - we all (those who are same) have the natural desire to thrive, grow and achieve success - it’s just that some people (particularly prisoners) lose focus and lose control, and maybe never were taught it. Rehabilitation is, or should be, simply helping people regain (or gain) their focus and self control then enabling them to maintain this focus and self-control by creating a tolerable environment.

The recollections of my studies of behavioral psychology is that positive reinforcement (i.e. rewarding) good behavior is the most effective way of modifying behavior, while negative reinforcement (i.e. punishment) of bad behavior is the least effective means of changing behavior. Heck, they say this all the time on an Allstate commercial - rewarding good drivers works better than punishing the bad ones.

More so, concerning those with some mental and emotional illness or those who have histories of abuse/neglect (e.g. most prisoners), punishment (other than outright physical torture) has no positive effect at all on behavior and tends to cause the behavior to worsen or spawn anger/resentment and a desire to attack authority by doing what it dislikes - like you might lash out on somebody who’s abused/ abusing you or act out because it’s the only thing that gets you attention. It’s not so shocking then that recidivism is so high, when Wisconsin (and the entire country) has chosen to warehouse prisoners in overpopulated, filthy, dre-ary death traps run by staff who’s only difference from the inmates is (often) their greater skill at lying and running their rackets - and these prisoners (e.g. myself, and many more whom I’ve spoken with) often come from backgrounds of extreme abuse/neglect (akin to the prison environment).

BUt another principle of psychology reveals that the cruelty of WSPF and indeed most of the prison system is irrational and counterproductive. This is that people have a hierarchy of needs, and they don’t pursue the higher ones until they’ve satisfied the lower ones - this is well-known by psychol-ogists and anyone with common sense. You tend not to worry about finding the love of your life when you are starving, dying of thirst or freezing - instead you tend to seek to satisfy your needs for food, warmth and water, then pursue love and other higher needs or even wants. In WSPF (and many prisons) inmates are fed such meager/poor-quality food, subject to such extreme temperatures (cold in winter, hot and humid in summer), that they don’t have energy or time to spend pondering rehabilitation. Then, before they can ponder rehabilitation, they need to satisfy their basic needs for a feeling of safety, feeling of being loved, social contact, to merely sleep and be sane/healthy - all of which WSPF does it’s best to deprive inmates of by: forbidding contact visits: not facilita-ting correspondence/phone-calls to inmates’ few loved ones (indigent inmates, like myself, can only send 1 letter a week and there’s no free phone calls and gads of restrictions on calls); leaving inmates alone in their cells, 24/7, without even group religious services. Again, this is com-pounded when we’re talking of inmates who come from backgrounds of extreme abuse/neglect, so their social skills are retarded (e.g. insecure, mistrustful) yet a huge need for love, socialization and security exists!

Considering the above, which most people (if they put aside their biases) will agree is correct, it seems that those running WSPF (and the rest of the prison system) have no desire to rehabilitate inmates but are arch sadomasochists (remember, inmates get out and commit more crimes, hence masochism). Unfortunately good people, innocent people, are forced into being masochists by a sadistic prison system that creates (or at least exacerbates) dehabilitated humans who’ve been taught one thing - pain and misery is good, should be spread far and wide, and nothing should be done to end it or even acknowledge it exists. Of course this reveals that WSPF and the people that condone it are dysfunctional, just as is a “family” that tears down it’s children instead of building them up - for the government, like a family, if “functional”, exists to build up and nurture it’s wards, not create or aggravate distress, pain or misery.

To truly understand the miserable conditions at WSPF you’ll need specific examples, here’s a few:
a.) we get no more than 2 1/2 hours of outside exercise a week, and that’s in a dog-kennelesque cage with only light sun-exposure;
b.) the only visits we get are over a t.v. monitor, which is 8’ away and on a 26” screen;
c.) we spend practically 24/7 in our cells;
d.) every time we leave our cell we’re shackled hand, foot and waist chained;
e.) there’s constant yelling, banging on walls, doors and toilets by deranged inmates - which staff let go on and incite (e.g. by harassing inmates or inciting conflicts) so we hardly ever get to sleep up ere;
f.) staff deluge a select few of us who they particularly hat (e.g. due to our litigation, complaints, religion/politics, refusal to kowtow) with petty or false write-ups, resulting in loss of our paltry outside recreation, visits, pay and continued stay at WSPF;
g.) indigents, like me, can only send one free letter a week and can’t use postage sent in by or paid for by kith and kin;
h.) we get no group religious services;
i.) we get no opportunity to work nor job training;
j.) we’re not allowed to use our radios here;
k.) cameras monitor us in our cells, constantly;
l.) we’re subject to secret meetings where staff decide to keep us here, using a “phase” system;
m.) we’re often punished for non-dangerous remarks in our mail;
n.) the food they’re fed is meager and mostly unhealthy packaged/canned foods;
o.) staff play mind games with inmates to cause stress (e.g. yelling at us, slamming our door’s trap, flirting with inmates or inciting them to engage in sex-acts, give our mail to the wrong inmate, switch our letters when reviewing outgoing mail, grope us when pat searching us and outright assaults) and justify prolonging their stay at WSPF.
At WSPF, with a 1:3 staff/inmate ratio, the devilry is particularly concentrated - yet the same madness permeates the entire Wisconsin and U.S. prison system. The only way to end it and the suffering it perpetuates (both on inmates and non inmates is to:
a/) drop the punishment mentality and swiftly reward any and all behavior of inmates that’s lawful, self-advancing, beneficial to their community or society;
b.) create prison environments that cater to inmates; needs and allow them to grow, improve and feel safe about doing so;
c.) strictly supervise prison staff and the system, to ensure it doesn’t fall into it’s old ways of degrading/tormenting it’s captives instead of rehabilitating them;
d.) abolish all prisons that aren't absolutely needed, convert prisons into the least restrictive type of place possible, don’t sentence people to prison unless this is needed to protect society;
e.) freely allow and promote programs which empower inmates (e.g. diverse job training, work-release, family and conjugal visits, drug programs, diverse college courses, self-analysis classes) and NEVER terminate the programs to punish inmates.

More could be said, more detail added, but right now WSPF needs to embrace these basic realities... if it is to truly rehabilitate it’s inmates. The voters and politicians are going to have to choose either to rehabilitate inmates or continue to dehabilitate them - if dehabilitation remains the game - plan, prison officials should be upfront about this, as the public pays the price. Whatever YOU chose, nothing will change until YOU actively do something.
-finis-

Nate A Lindell
WSPF P.O. Box 9900
Bosocbel, WI
53805-9900

Letter to Angela Russell of Governors Office

2006-05-08T10:03:00.000-07:00

PRISONER’S ACTION COALITION
P.O. Box 151
Fennimore, WI 53809
May 8, 2006

Ms. Angela Russell
Office of the Governor
State Capitol 115 East
Madison, WI 53702

Dear Ms. Russell,

Thank you for your time and consideration of the issues we brought before you. As discussed, it is difficult to get attention to prisoner rights in this political climate, so we hope that our arguments offer legitimate, public interest reasons for prison reform.

Enclosed is the infamous Tommy Thompson letter to then DOC Secretary Michael Sullivan. As you can see, the copy I have is probably the 100th generation of the original. This letter has been the impetus to a great deal of litigation regarding the violation of ex post facto law.

It is the opinion of many people that the PRC combined with the Parole Board create a Catch 22 set of rules; the Parole Board won’t release a prisoner without having completed programs, and the PRC denies programs until prisoners are close to their MR. The Parole Board may recommend minimum placement, but the PRC has no obligation to agree. Lenard Wells and his personal staff are the Parole Board, as the commissioners are DOC employees and the Parole Agents are DOC employees. The Parole Board is essentially toothless except that they have the ultimate power to release someone, no matter what the PRC says. This is a system fraught with frustration and ambiguity.

I look forward to seeing the guidelines of the Wisconsin Parole Commission so that I might better understand how so much subjective power could be placed in the hands of one person. As I mentioned, Mr. Wells confirmed that he has no risk assessment tools for determining parolability, and therefore, prisoners have no guidance as to how they may achieve early release. This is a terribly frustrating situation for prisoners who already question the “justice” system.
I have also enclosed a copy of Oklahoma Senate Bill 832 which shows how they decided to handle their overcrowding situation. “Progressive” Wisconsin might take note of this solution.

Sincerely,

Frank Van den Bosch

March 23, 2006 The New Abolitionist Newsletter

2006-03-19T18:37:00.000-08:00

Friends,

Back atcha with another kite from the outside. Our mailing list is growing, more and more people want to hear some news about the Wisconsin Human Warehousing System, lots of guys (no women unfortunately) are signing up to the old law class action, and best of all, some of our good friends and allies are getting out.

One of them, Tony Robinson, has sent in a personal story of the first few weeks on the outside. We wish him luck and are thankful that he will remain active in the struggle. Another top litigator now lives in Milwaukee, and vows to continue the fight. One more good friend lives in Beloit, so we�ve got some important areas of the state covered. This is the key to building strong connections between outside and inside. Effective change from the inside alone is very difficult, but with good alliances of community activists, prisoner advocates, and prisoners we can be a powerful force for change.

The next page of this newsletter is proof of this premise. We hope that our alliance building through the walls and barbed wire, will transfer to community building and political awareness on the streets.

Speaking of the first few weeks out, Voices Beyond Bars is putting a self-published book together relating the stories of some of it�s members on their first 29 days of �freedom.� We asked them to write a small story for this issue, but they were too busy right now. As with all of us, there are too many problems and needs, and not enough time and resources. Maybe next issue.

We do have a couple of articles from other organizations concerned with reentry. Community Reintegration Pro-gram (CRP) is the newest of these types of organizations, and their plan sounds real solid. The Director is dedicated to helping returning prisoners and he knows the ins and outs. He also understands the dynamics of political awareness and how that awareness changes one�s perception of how the systems (don�t) work. PAC looks forward to working with CRP.

A computer proficient PAC member has created a blogsite for us. This newsletter, January�s newsletter, and some stuff related to the changes at WSPF are posted there. Go to www.prisoneractioncoaliton.blogspot.com. Comments can be posted there as well, so if you want to comment on what we are doing, here�s another route.

Speaking of the changes at WSPF... there is a page of art-icles that are more or less designed for �public consumption� later in this newsletter. These changes are most definitely positive. Canteen, TV, phone, and reading material will no longer be tools used to �break the will� of prisoners there. The High Risk Offender Program (HROP) is voluntary, and those who choose to remain in ad seg indefinitely will not be harassed into participation in �behavior modification� programming. The pressure to keep 500+ cells full of �bad people� has been eased, and rehabilitation can now begin.

How the general population prisoners will be housed, who they will be, what jobs, schooling, recreation, cafeteria, dayroom, visitation area and lots of other concerns remain, and we will keep a watchful eye along those lines. How the HROP prisoners and the long term ad seg prisoners are kept will remain a major concern of PAC. How the overzealous security culture at WSPF leaks into the way general population prisoners are handled is also a concern.

For instance, will the general population prisoners be denied this newsletter if it is denied to HROP�s? WSPF has denied the last three issues of this publication. As you know this is all very dangerous material. WSPF can�t afford to have prisoners actually think about their conditions of con-finement, or about the politics of this state and nation. WSPF prisoners can now watch all the soft porn, gratuitous violence, mindless daytime babble, and sports, along with all the state sponsored propaganda that is disguised as �news�. Cops, CSI, Law and Order, The Apprentice, The Bachelor, Fear Factor, Bill O�Rielly, and The News Hour are all OK, but not this �inciteful� (not a word) publication.

They are denied thought provoking political news and opinions, but are allowed the drivel of corporate TV. In the absence of real rehabilitation and mental stimulation, WSPF has adopted the TV baby sitter to calm the rabble. Soma in the form of electronic impulses shot through a picture tube are OK, political thought are forbidden. Lobotomy by entertainment is a tactic with deep historical roots; �bread and circuses� was a phrase coined by the Roman poet Juvenal sometime around 100 AD, when another Empire was repressing its own population. What the heck, if it works on the rest of Americans, it ought to work on HRO�s.

In solidarity, PAC

Community Stands Up! Ordinance Voted Down
The Common Council voted today to close the door on the Gang Loiter-ing/Youth Incarceration ordinance, opening the door to opportunities for mending police/community relations and empowering youth to help stabilize
Milwaukee�s neighborhoods.

Aldermen and community members in opposition to the law have committed to work together to aggressively pursue educational and economic opportunities for young people.

"A clear message was sent today by the Common Council that our youth are not
enemies nor criminals, but rather par-tners in growing Milwaukee�s future," said Matt Nelson of Education for the People!. "We will continue work with the Common Council to create sound policy addressing safety in our neig-hborhoods and not leading our youth from the schoolhouse to the jailhouse."

Led by Education for the People! and the Milwaukee Police Accountability Coalition, Northside and Southside neighborhoods linked arms in oppos-ition to Alderman Zielinski�s Gang Loitering/Youth Incarceration ordinan-ce. The law, if passed, would have targeted Black and Latino communities for increased police harassment, arrests, and detentions.

"This is testament of what can happen when Blacks and Latinos are united," said Carey Jenkins from the Campaign Against Violence. "Let this not be the end. Together, we can come up with creative solutions to the problems in our neighborhoods."

The majority of Aldermen agreed that this ordinance would "do more harm than good", citing racist enforcement, the redundancy of the law, and the con-sequences of further dividing the city while increasing the strain on police-community relations.

Milwaukee has one of the highest rates of jailing African-Americans, compared to whites in the country. Milwaukee�s massive Black and Latino youth incar-ceration rate is fueled not by an actual increase in crime rates, but in the racial profiling and criminalization of people of color, poor people, and young people. Gang activity and violence in the city are a result of failed economic policy.
#########

Our lives begin to end the day we become silent about things that matter. -- Dr. Martin Luther King, Jr.
DOC (code) Crackers
By Carlos Pabellon
March 16, 2006
The Wisconsin Department of Corrections, the statewide agency in charge of the prisons, develops and enacts regulations that prisons in Wisconsin are required to follow. One of these regulations is called "Unauthorized Forms of Communication" and says, "Any inmate who communicates with another person by a method not authorized by the institution is guilty of an offense." The penalties for violating the rule could include extending an inmate's sentence.

It's not hard to imagine why the Department of Corrections would want every prison to have the ability stop unauthorized communications. Safety and security are the paramount concerns in any prison or jail, and stopping inmates from using indecipherable code or doublespeak to assist them in planning an escape or some other harmful act is critical. But at least one prison in Wisconsin is using the regulation to not only prevent inmates from conspiring in code, but also to make the institution into a virtual "English Only" facility.

The Wisconsin Secure Program Facility (WSPF) in Boscobel, which used to be called the "supermax" prison, has been using this regulation as a way to stop Latino inmates from speaking in Spanish when family and friends call or visit. Latino inmates can petition the security staff at WSPF for an exception, but granting the petition is up to the discretion of the staff.

Thus, many of these inmates are faced with one of two frustrating choices: either attempt to speak in English despite the difficulty in doing so and the humiliation of knowing that WSPF staff are listening in, or suffer through another way that WSPF isolates its inmates.

Reasonable alternatives to this institutional policy such as the hiring of bilingual staff apparently are not being pursued, even though hiring someone who can read, speak and understand a language other than English is critical in a number of contexts when it comes to communicating with inmates who may be Latino or Hmong. With clear communication, inmates who may have ulterior motives in using their native language could be more properly and reliably monitored. Isn't this the level of security we have a prison to house the "worst of the worst" for in the first place?
Milwaukee Community Stands Up For Latinos in Supermax

On February 10, 2006 Robert Miranda of the Milwaukee Spanish Journal, called together a group of local activists to hear a presentation by two members of PAC.

Mr. Miranda was stimulated to take action because one family member of a prisoner at WSPF called him with an outrageous story of abuse. This uncle of a prisoner was enough to get the ball rolling on a campaign to end this particular abuse at WSPF.

PAC had been collecting data and reports from Spanish speaking prisoners at WSPF who had been denied visitation or phone calls from their family if they spoke Spanish. WSPF has an internal policy (this is not a DOC policy) that requires prisoners to get pre-approval to speak Spanish on the phone or during a visit. Guys have had their visits and phone calls terminated because they spoke Spanish to their family. Tickets were written and one prisoner has had his prison sentence extended by more than a year because of these �Spanish speaking� tickets.

We called the prison and Deputy Warden Huibregtse explained it this way... �the inmate gives us the name and number of their family member, we call that number when they are not expecting us, and if they answer in Spanish, we know the prisoner is lying.�

The prison claims there is a security concern, but all phone calls are recorded or monitored, and all visits are on closed circuit TV and recorded. To cite security concerns is bogus, what is really going on is that internal policies like this were used to ticket and retain prisoners at WSPF. Maybe now that the pressure to retain prisoners has diminished some, these types of bogus policy violations will also end.

One thing is for sure, this policy will be exposed and perhaps litigated. An attorney has taken up an investigation and is researching the violation of 1st Amendment Rights. The Latino community in Milwaukee is coming together to expose this racist, stupid policy.

All this comes about because one person spoke out. Imagine the strength of a thousand voices speaking on behalf of our friends and lived ones behind bars.

Power to the people!!!

Community Reintegration Program
Michael Goldsby, Director
(608) 446-1147
P.O. Box 3232 Madison, WI 53704

We�ve found that many potentially dangerous problems arise for returning persons out of the lack of planning on the part of the releasing authority. Many persons returning from insti-tutions are ill equipped to handle the massive onslaught of rejection from agencies designed to aid them. Most of these organizations are under funded and overwhelmed by demand, unable to serve all who need support. Those un-lucky persons who are unable to receive the services they deserve are at risk for homelessness, return to active drug addiction, and complications from untreated medical conditions. It is a severe blow to someone who has served a sentence and is prepared to take up life anew to be denied those basic human necessities which we as taxpayers have so heavily invested in and trusted our officials to carry out. Without the efforts of CRP and other agencies, the burden on the justice system will continue to increase.

Employment issues are another ever-rising concern among returning persons, due to the large number of temporary job service providers now operating in the Madison area. What seems to be taking place is a front door filtering system designed to protect the employing entity from discrimination complaints. It is evident that persons who are saddled with felonies are us-ually dismissed from the potential work list by most of these temp services. Black males also seem to be excluded as a routine practice, or given very few of the available opportunities to move into quality full-time positions. This issue within our community should be addressed in order to allow returning persons to become self-sufficient.

We are highly aware of these and other vital issues that affect returning persons. The primary mission of the Community Reintegration Program (CRP) is to serve people who are returning from experiences of incar-ceration. We are dedicated to provid-ing former offenders with the skills, resources, and networks necessary for successful reentry as valuable and legitimate members of the community.

The belief that everyone has a stake in the successful reintegration of former offenders is central to our vision. CRP works within a value-based model of successful reentry that recognizes the competencies in each client, strength-ens existing competencies and nurtures new ones, and builds a network of supportive relationships for the client. We also seek to encourage and partner with social service programs focused on issues that hinder returning persons to become productive citizens by using effective communication with gate-keepers, transforming the formal request process to be more inclusive, and healing the emotional, spiritual, and social challenges that can result from the experience of incarceration.

The process of reentry presents multiple challenges, and balancing all the different needs and obligations required for success can be difficult. To meet these many needs, CRP offers primary services related to housing, employment, mentoring, and life skills, and secondary services when available, related to health care, food and clothing, child support, and transport-ation. CRP also partners with existing organizations that impact the lives of returning persons and their families in order to offer the most comprehensive support for our clients, empowering them to act independently and develop their capacity to advocate for them-selves.

The goal of our organization is to reduce factors that might lead to recidivism for returning persons and increase their potential to contribute meaningfully to their communities, thereby reducing taxpayer costs and increasing safety and human potential for everyone.�

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

ARISE Family Services
James Hawk, Director
1603 Monroe St.
Madison, WI 53711
608-335-4564

Returning prisoners are often homeless. Homelessness leads to recidivism, which has caused the swell in the incarceration rate of people in Wisconsin. Seventy-five percent of people entering prison have been in prison previously. The budget for corrections in Wisconsin is now over $1 billion annually, which is more than what the state budgets for the University of Wisconsin System. By ending the revolving door of prisoners returning to prison, our society will have more resources for education. Education is the key to success.

The cost of incarceration is not only monetary; there are severe costs to families who lose their sons, daughters, and parents. The loss of stable families in our communities leads to higher crime rates and higher incarceration rates. By slowing the flow of prisoners back into prison, we can create a better community for everyone.

The ARISE program has four functional areas to assist people recently released in reentering the community from the criminal justice system. They include the following cognitive treatment programs:

* AODA Outpatient Treatment
* Employment Training and Rehabilita-tion
* Supportive Living Arrangements

The first two programs consist of classroom training, counseling and on-the-job experiences. To accommodate the supportive living arrangements, ARISE operates two residences in downtown Madison, Wisconsin, where clients can find a stable, supervised living environment for up to one year. Clients who live in the residences must pay a program fee, for their lodging, and must be enrolled in the counseling services and rehabilitation programs. Certified AODA counselors and qualified employment training specialists provide training.

ARISE Family Services Inc., began with a Christian Intervention Program (CIP) offered at Calvary Gospel Church on Madison�s far east side. This program has been held on Sunday afternoons since October 2001. CIP is supported by the Dane County Sheriff�s Office. A bus picks up prisoners held at Ferris Huber Center in Madison to bring them to Calvary Church where they received AODA treatment, and a positive support group. Although CIP is Christian based, it is available to people with other beliefs. Being a Christian is not a prerequisite for the program.

As CIP was born, many needs of prisoners became evident. They commonly experience emotional and physical loss from being imprisoned. Their family structures are broken after years of substance abuse, dependency, and incarceration. ARISE Family Services began collecting clothes and furniture to assist returning prisoners as they reentered Dane County from the Huber Centers and the Dane Co. jail. Clean living environments were sorely needed. It is very difficult for an individual without a good rental history to find housing in Madison. ARISE began looking for houses to rent to provide housing to returning prisoners allowing them to develop a positive rental history, and habilitation in a safe and secure setting.

PRESS RELEASE
DATE: 2-24-2006

RE: Supermax transition

From: PRISONER�S ACTION COALITION

The Supermax (now WSPF) is going through a major transition. After a six years of attempting to justify a terrible mistake the Wisconsin DOC has finally pulled the plug. This stupendously expensive boondoggle is now being reconfigured into a more sane and humane facility.

General population prisoners will be arriving soon, and those who have endured six years of deprivation are now allowed the same �privileges� as segregated prisoners in other Wisconsin prisons.

A new color coded system of prisoner classification called the HIGH RISK OFFENDER PROGRAM (HROP) is replacing the notorious Level System. A more realistic number of cells will continue to house �truly dangerous� men, and the pressure to keep 509 cells filled with dangerous prisoners will finally be abandoned.

This change does not come with fanfare. The DOC has not trumpeted these changes because to do so would acknowledge the reality of a failed experiment. Activists and prisoners applaud the DOC. We just ask, �what took you so long?�

For more information, contact:

Frank Van den Bosch
Spokesperson,
Prisoner�s Action Coalition

ed note - please notice the dates of the press release and the following article. It was only through our efforts that the main stream press played this at all.
*
Up to 110 inmates to be moved into ex-Supermax
State aims to make better use of Boscobel prison
By David Callender
Capitol Times
February 28, 2006

The first of up to 110 maximum security inmates will move into a newly converted wing of the former Super-max prison beginning next month, state prison officials announced Monday.

The move comes as part of an ongoing effort to fill empty beds in the $47 million Boscobel prison, now known as the Wisconsin Secure Program Facility, which has been operating at about 80 percent of its 500-bed capacity since it opened in 1999.

"We think these changes will allow us to make better use of the prison," Corrections Secretary Matt Frank said in an interview.

Frank said a pilot program to move about 15 inmates from other maximum security facilities into the Boscobel prison will begin next month and will add inmates over time.

It will cost about $100,000 to make physical changes to the prison, but there will be no additional staff costs, he said. The conversion costs will be paid out of the prison system's overall budget and will not require legislative approval, Frank said.

The prison, which Gov. Tommy Thompson said at the time was intended to house the "worst of the worst" of the state's inmate population, has been at the center of controversy since before it opened.

Department of Corrections officials opposed housing all of the state's most dangerous and disruptive inmates at a single facility and pushed for smaller disciplinary units at existing prisons. But Thompson and Republican law-makers argued that siting a large prison in Boscobel would help the area's economy.

In 2001, inmates launched a federal class-action lawsuit, arguing that the prison's use of extreme isolation and deprivation violated constitutional protections against cruel and unusual punishment.

As part of a settlement, the state agreed to remove seriously mentally ill inmates from the prison and to reform some prison policies.

One such target has been the so-called "level system," a five-step program that stripped disruptive inmates of most of their possessions and kept them in near-total isolation for up to 23 hours a day. Inmates were supposed to earn back privileges with good behavior, but critics argued that many inmates never progressed in the program.

Frank said the five-step level system will be replaced with a three-step system that allows inmates to keep more of their possessions and provides incentives for good behavior.

"Our goal is really to increase the number of inmates who make it through the program," he said.

Madison attorney Ed Garvey, who represented Supermax inmates in the class-action suit, said corrections officials have not shared details of the new program with him.

"I hope this is the dagger in the heart of Supermax," he said. "They're finally admitting this was a mistake from the outset."

��

PAC Member interviewed on Wisconsin Public Radio

As a follow-up to the press release, Gil Halsted of WPR call PAC�s office and conducted a taped interview with Frank Van den Bosch.

Mr. Halsted also called Walter Dickey who refused to go on record and Matt Frank who asked that the story be held for a week.

Ed Garvey was also interviewed and the news report on 2-24 had short clips from both Garvey and Van den Bosch.

The following week, Matt Frank and Walter Dickey made statements that were incorporated into another news report on WPR.

So, thanks to Gil Halsted for pressing the issue and producing two radio news reports on an issue that is usually hidden from public attention.

��

"The more corrupt the state, the more numerous the laws." Tacitus, Roman senator and historian (A.D. c.56-c.115)

Old Law Update - March 2006

Comrades,
First, I wish to address the concerns raised that we incorporate other arguments into the �old law� litigation, including and related to: Procedural Due Process, the separation of powers, and the functions of the Parole Commission as tied to the Program Review Com-mittee. While these issues are valid, members of the research committee all agree, as experience has taught us, that presenting other claims along with the ex post facto argument would in actuality, become a very serious dis-traction to the argument. The policies of the Wisconsin Parole Commission which denies parole based on new criterion, not in effect at the time of arrest, conviction and senten-cing is primarily an ex post facto issue. The issue is, and must remain based on the ex post facto imposition of new reg-ulations and practices, new guidelines, legislative and institutional amend-ments, Gubernatorial decrees or rec-ommendations and the application of those new criterion to prisoners sentenced under the old law. Old law prisoners are entitled to have the parole board grant or deny parole based on factors proscribed by policies as they existed at the time of their arrest, convictions and sentencing. They should expect to serve time based on the Sentencing Court�s understand-ing of sentence structure at the time of conviction.

Anyone sentenced prior to 1997, those under the old law, are affected by the new criterion being applied by the parole commission to grant or deny them parole have a claim under the original definition of ex post facto as the courts decided in the case of Calder v. Bull, 3 U.S. 386 (1798), which is a precedent the government has yet ot overturn or create a loophole in.

We are in a position to argue general ex post facto clause protection appli-cation thereto because the courts held in Himes v Thompson, 336 F.3d 848 854-855 & n.5 (9th Cir. 2003), �although the new parole regulations were applied in a 1994 hearing, they affected the pun-ishment Himes received for crimes committed in 1978. Therefore, the regulation was applied retroact-ively.� Weaver v. Graham, 450 U.S. at 31-32, 101 S. Ct. 960,67 L. Ed. 2d 17 (1981). See also, Flemming, 998 F. 2d at 722-24 (applying the analysis of Weaver, 450 U.S. at 32, 101 S. Ct. 960, �and holding that parole regulations enacted after the date of conviction, but before the Board of Parole hearing in which they were applied, were applied retro-actively.� The court also in Himes further acknowledged, �The ex post facto clause applies by its term to �law�. As such, the clause reaches every form in which the legislative power of a state is exerted, including a regulation or order.� (emphasis added)

Thus, let us keep our efforts focused on the key issue because there is a battle coming, like a storm never before in Wisconsin. The issue of parole release is huge, and vested interests will rise to the challenge. We are in for a fight and for there to be any meaningful chance of weathering the forces that will rise against us, we must be fully prepared to execute our ability to present brilliant insights as if they were self-evident truths. Mr. Oscar McMillian said, �this is the only path to a landscape high above the roar of the storm.� Too true.

I must give thanks and credit to Mr. McMillian and Malcolm J. Campbell for their dedication in researching this cause and unselfishly sharing it with us. Mr. McMillian has also provided us with invaluable information to be used as exhibits that will clearly demonstrate to the court, in support of the claim of ex post facto, how the policies of the Wisconsin Parole Commission denies parole based on new criterion.

Mr. McMilllian has provided us with a copy of the August 1981 written by Mr. Fred W. Hinickle, then Chairman of the Parole Board, along with copies of the Parolability Range Guidelines used during his tenancy as chairman. This PRG was used to tell an individual how much time he or she might expect to serve. Mr. McMillian also provided us with copies of the Wisconsin Depart-ment of Corrections Inmate Release Reports, by month from 1992 through 2001. This information will also be used as exhibits.

Membership in the Old Law Class Action has increased to over 200. That is a small percentage of the number of persons eligible for parole who will be affected by the results of this litigation. We need more to join in our struggle so we ask you to reach out to your brothers and sisters and family and friends and get them involved.

We are truly in this together. This is our fight for liberation and we must liberate ourselves from these oppressive conditions. The battle plan has been put in action and now we must assume our rightful position and fight this battle to win. We will mount a campaign never before seen in Wisconsin.

For Freedom We Struggle,
The Research Committee
Letter seeking representation

This letter was sent to most of the more well known legal organizations in the U.S., and a few private legal firms in Wisconsin.

Dear Friends,

This letter is written with the hope that you will take up the cause of Wisconsin prisoners seeking relief from ex post facto violations of the U.S. and Wisconsin State Constitutions. A team of researchers has gathered the relevant case law and formed a legal argument that challenges the policies of the Wisconsin Parole Commission which denies parole based on new criterion, not in effect at the time of their arrest, conviction and sentencing.

Briefly, following are three precedent setting cases that support our claim:

The United States Supreme Court has expansively interpreted the Ex Post Facto Clause to cover a wide range of government actions. See, Miller v. Florida, 482 U.S. 432 (1982).

In Medley, 134 U.S. 160 (1980), the courts held that almost any retroactive application of the law which makes more onerous the sentence or the ability to obtain parole will be held to violate the Ex Post Facto provisions. Any law passed after the commission of an offense is an ex post facto law if it inflicts greater punishment than that in place when the crime was committed, or which alters the situation of the accused to his disadvantage.

In Micken-Thomas v. Vaugh, 321 F.3d 374,378 (3rd Cir. 2003), the court held that state prison inmates were entitled, under the ex post facto clause, to have parole boards grant or deny parole based on factors proscribed by policies as they existed at the time of conviction.

Thousands of prisoners convicted prior to Wisconsin�s �Truth In Sentencing� legislation (1999) suffer from a mani-pulated parole system. Truth In Senten-cing brought in a new era of harsh sentencing, and the parole board was presented the task of bringing parole eligible sentences into closer alignment with TIS sentences. This is a clear violation of the ex post facto clause of the U.S. Constitution.

Parole Commission Chairperson, Mr. Lenard Wells has admitted that he �has no risk assessment tools� with which to determine the all important �risk to public safety� issue, and therefore �prefers to err on the side of public safety� when considering grants of parole. This is used as a justification for ever lengthening terms of incarceration for parole eligible prisoners. The net effect is to increase punishment beyond that expected by the sentencing court, the legislature, and the prisoner.

Prisoner�s Action Coalition has gathered the names of 200 �old law� prisoners whose family and friends stand ready to mount a public campaign to bring light to this issue. We are also prepared to mount a legislative lobbying campaign to support the proposed litigation. We understand that 200 is a small percentage of possible class Mimbres, but our resources are limited and the effort to gather dedicated Mimbres began only six months ago.

Other States have successfully add-ressed this issue and brought about reform of their State parole boards. The Wisconsin Parole Commission remains nearly unregulated, giving an agency of the state more authority than the courts or legislature. We hope you share our concern about the manner in which the laws are being manipulated by the Wisconsin Parole Commission and the far reaching consequences to society, caused by this civil violation.

If this is not the sort of litigation your firm or organization cares to take on, perhaps you will forward this plea to a colleague who might assist us.

If you have any questions, please write or call.

Sincerely, PAC

&&&&&&&&&&&&&&&&&&&&&&&&&&&&

Update From Old Law Litigant

Terrance J. Shaw, #138254
Oshkosh Correctional Institution

Here is an update to keep the readers of PAC informed of how my case, No. 05-CV-00872 is progressing through its due process in the U.S. District Court, Eastern District of Wisconsin, in my Title 42 U.S.C. Section 1983 federal law suit. I have some good news. The court filed its Decision and Order on my Complaint. The decision was handed down on February 15, 2006. The court decided among my seven (7) following complaints that I presented to the court.

Count I - Equal protection
Count II - Ex Post Facto Clause
Count III - Ex Post facto Clause
Count IV - Retaliation
Count V - Religious Land Use and Institutionalized Persons Act (RLUIPA)
Count VI - Conspiracy to Violate Constitutional Rights
Count VII - Free Exercise Claims

The court will permit me to proceed on my counts I, III, IV, V, and VII. The court dismissed count II outright. The court dismissed count VI to the extent that it is based on a depriva-tion of due process. The judge said that if I can establish the denial of some other Constitutional Right, I may proceed on this claim in Count VI too. At this point in time, I and my jailhouse lawyer assistants are dis-cussing how Count VI can be restated under a different Constitutional Right so that we may proceed on Count VI as well.

So, the bottom line is that I may proceed. The part of my federal law suit that is of particular interest to the other prisoners under Wisconsin�s old law, is Count III, the Ex Post Facto Clause Violation. If I can win in court on my count III, the illegal application of new programs and parole criteria that was created after my conviction and sentencing, it will benefit all the Wisconsin prisoners who are similarly situated as I am, under the old law.

The other Counts that I am proceeding with, Counts I, IV, V, VII, and maybe VI (if we can get it in too), are all tailored to me and Constitutional violations the WDOC has committed against me personally. As I said above, it is Count III, the Ex Post Facto Clause Violation that will effect other similarly situated Wisconsin prisoners who are under old law. I will continue to send updates to PAC to keep PAC members and readers informed as my case progresses through the federal court system. Until net time, I will sign of, and wish the blessings of 3John2 to all my fellow inmates.

Terrance J. Shaw
******************************************
As the state is a soulless machine, it can never be weaned from
violence to which it owes its very existence. -Mohandas K. Gandhi
Good News from Pennsylvania
March 15, 2006

Dear Prison Society Member:

Victory at last! I have extraordinary and exciting news which I want to share with you. Almost nine years after the statewide referendum (1997) made it virtually impossible for clemency to be extended to life-sentenced prisoners in Pennsylvania, a federal judge has ruled that those changes in the commutation policy violate ex post facto provisions of the U.S. Constitution.

The finding lights the candle of hope for many among the thousands of life-sentenced prisoners who have waited now for years for a crack in the punitive shell that has encased the criminal justice system since the earliest days of the administration of former Governor Ridge.

The ruling (included with this letter) handed down on Monday by A. Richard Caputo of the Middle District Court in Scranton means that individuals sentenced to life for crimes committed prior to November 1997 will be eligible for Pardon's Board recommendations on a simple majority vote of the five members, instead of the unanimous vote required by the referendum. The favorable recommendations of the board are necessary before the governor can consider commuting sentences to life on parole.

As many of you will recall, the Prison Society and other plaintiffs initiated court action prior to the referendum and pursued it through Commonwealth Court, the state Supreme Court and, most recently, federal District Court. Stephen Whinston, solicitor of the Prison Society, carried the ball on this pro bono mission in the federal court for years. We are deeply indebted to him and to the other lawyers who assisted in this effort - Gerald Grimaud, Ernie Preate, Greg Knight and J. Shane Creamer.

Thank you for your continued support of the Prison Society. This hard-fought legal victory should be an inspiration for all the battles we fight and frustrations we endure in pursuit of a more humane form of justice. Hope is alive!

Best regards,

The Pennsylvania Prison Society
245 N. Broad Street, Suite 300
Philadelphia, PA 19107
www.prisonsociety.org

Greetings From the Streets!!

As some may recall from our last news-letter, I was fortunate to have received a five-year time cut off my 20-year sentence. This put my MR at November of this year, but due to the substantial cut, and the sustained involvement of my wife with phone calls to the Parole Commission, I received a grant on January 24th.

I had found out about the grant on December 18th, but the only person I told was my celly. Now, January 24th is my son�s 15th birthday and I found out on a visit a couple days earlier that my folks (who have been raising him since my incarceration) were planning a party for him at his favorite restaurant. My wife and I showed up at this restaurant about a half-hour before the entourage arrived. Looking back on those events I think that maybe such a tremendous surprise wasn�t such a good idea. My sister came in first and almost fainted. My mother was speechless and my dad thought I had escaped! My son was stunned to disbelief but it turned out to be a happy day for everyone.

Many, both in and out, have asked me how it feels to be free after ninety-nine months of incarceration. It is absolutely wonderful! People haven�t changed and human nature remains the same, but at times I feel like Rip Van Winkle waking up to a new electronic age. There is so much to learn to stay up-to-pace in this faster moving world that sometimes it seems overwhelm-ing. I thank God for my wife and son!

I failed my first driving test, which was very embarrassing. I drove truck before my incarceration and was shocked to hear the driving examiner tell me just how bad I messed up (50 points with 0 being the best!). I should have known I was in trouble when I couldn't find the light switch when the examiner asked for me to turn them on. The lights on these new cars stay on all the time when the car is running and I had been driving that way for over a month. At least the �ordeal� caused some laughter in some circles. I did get my license last week and it sure feels good to hop in the car and go somewhere alone!

I have only encountered one situation where my record caused me any problems since I�ve been out. My wife and I found an apartment a few days after I was out and when we spoke to the landlords and signed the lease there were no questions that came up about my prison time. I had left the �past residency� portion of the lease blank but was never asked about it. We paid cash for the pro-rated days, first months rent, and security deposit with the expectation of moving in a couple of days with no problems. The following morning my dad called me at the motel we were staying at and told me the landlady called saying she found out I was a felon and wanted to return our money. I immediately called her and she told me her daughter looked me up on the Internet and found out I was a felon. I explained that my con-viction wasn�t something I liked to discuss unless the subject came up, but it didn�t. I also told her that although it might be construed as discrimination on her part, I wouldn�t want to live someplace where I wasn�t wanted. I asked her to first allow me an oppor-tunity to show my record over the past nine years and who I�ve become before she made a harsh decision. I also explained that as a parolee, my conduct is still under scrutiny and that I would be a more desirable renter then the average person on the street. She agreed to hold off and look at my prison record that I put together for her and her husband to read prior to rejecting our lease.

Later that night a friend called me and said his sister had a nice place for rent if I was interested. My wife and I drove by the place and immediately knew we wanted to see more. The following morning we got to check the place out, fell in love with it, and decided to ask our �landlords� for our money back so we could rent it. The new place was in better shape and the rent was cheaper too. When I called the landlady and told her we found someplace new and wanted the money back, she became upset because after reading through the material I gave them, they decided I wasn�t such a bad person after all and they really wanted us to stay. They tried to sweeten up the deal to change our minds but I explained that I didn�t want to live under a cloud of suspicion and that I might have trouble with the other tenants if they found out I was a felon. It was with regret that she handed our money back to us and in the long run they wished us well.

Except for this instance, I have been treated well by those who know of my past. Even my son�s teachers have been kind and gracious. This may not be the case in many of our exper-iences, but I cannot complain. If I had a sex offense to deal with, you can bet that I would be attending those neigh-borhood meetings to defend myself. I think it is only when things are kept secretive and people have a chance to gossip and whisper that there is trouble brewing. There can be no hatred against truth and knowledge. We are not monsters and until the public can put a human face to us there will be hatred and discrimination.

I have been �in the world� for nearly two months and only now are things starting to slow down a little. I have found it very important and difficult, to maintain a balance between work, my relationships, and all the things I�d like to get done. It is easy to get ones priorities mixed up and it takes constant vigilance and a strong support system to cope with such a faster moving world. You can be sure that I haven�t forgotten where I�ve been and that I will always stay involved in trying to help make my little piece of the world a better place to live in.

Peace, Anthony (Tony) Robinson #337008 3/15/06

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Legal Notes

Tony�s Motion for Sentence Modification is available from PAC.Send 3-39� stamps to cover postage and copying.

We continue to receive papers from prisoners who have won sentence mod-ification based on parole board �changes� of guidelines. Anyone else who has gone through this process, claiming ex post facto violations, whether successful or not, please send us your case work. It will help us refine our argument.

Anyone who has transcripts of parole hearings where the commissioner said something like �times have changed� or �that�s the way it used to work�, please send those as well. Anyone going before the commission soon might want to ask why they are serving more time than what the sentencing judge expected them to serve.
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Equitable Telephone Charges

The eTc Campaign has been restarted. This is primarily a letter writing campaign targeting legislators, phone company executives, prison system leaders, and other policy makers to educate them on the impacts of unfair phone charges to families of incar-cerated.

Customized letters can be downloaded off the internet and sent to these officials. Please check out their website at: www.etccampaign.co

Campaign to Repeal Truth-In-Sentencing

There have been many calls to begin a campaign to repeal Truth in Senten-cing. We know this is an issue of great concern, it affects many prisoners. The truth is, that because of PACs limited resources and personnel this campaign can only become a reality with the help of many volunteers. It is only with public pressure that this issue will ever see the light of day. For this to succeed, your families and loved ones on the outside must take on this challenge.

Momentum for repealing truth in sentencing is building in Wisconsin. When enough citizens demand that truth in sentencing be repealed legislators will act.

Legislators know that the cost of incarceration is an issue drawing public attention. They have begun to show signs that they are aware of the public�s concern. In the 2005-07 bud-get, the state of Wisconsin created a fund to help counties finance treatment alternatives to incarceration. The law specifies the types of nonviolent crimes for which such alternatives can be established. Each county in Wisconsin that wishes to participate must apply for funding and create an advisory board including law enforcement, judicial, human services and community representatives. For approval, the county must present its plan to the office of justice assistance.

Judges from three regions of the state were convened at the request of Senator Carol Roessler (R- Oshkosh). They represented a broad cross-section of views and experience, yet they expressed substantial agreement that increasing the supply of treatment op-tions and upgrading community super-vision could substantially reduce cor-rectional costs and enhance community safety.

A poll of metro Milwaukee area citizens by the Public Policy Forum, three-fourths (75%) of the respondents said they favored spending tax dollars on preventative approaches over prison. Almost two-thirds (65%) would be willing to raise taxes to create more alternatives to prison for nonviolent offender.

Over 12 years ago, Wisconsin taxpay-ers invested three times as much money in education as in prison. Over the past five years money has been drained from the he State�s funding of education, in part to feed the prison system with predominantly nonviolent prisoners. These cuts in education spending feed the spiral of criminality which plays a large role in the increased prison population.

In 1997 Wisconsin Act 283 marked the transition in this state from indeterm-inate sentencing to truth in sentencing. This was applicable to felonies commit-ted on and after December 31, 1999. The criminal penalties study committee responded to legislative mandates in August 1999 with a lengthy report and statutory proposals for full implement-ation of truth in sentencing. (the CPSC�s final report and appendices may be found at www.doa.state.wi.us/ secy/index.asp.).

It was anticipated that these proposals would be enacted prior to December 31, 1999, when the new sentencing policy would go into effect. However, that did not occur. The state assembly promptly considered and passed the CPSC�s proposals (with few minor changes), but the bill stalled in the state senate. Accordingly, Act 283 went into effect without the additional implemen-ting legislation. It was signed into law by the governor without both the as-sembly and senate agreeing on the bill.

Both the United States and Wisconsin Constitutions mandate procedures in which laws are enacted and created. There must be an agreement between both the senate and assembly on the bill, before forwarding it to the Governor for signature. The law man-dates that the legislature must comply with Constitutional requisites in pas-sing legislation. Read the cases of In re Rounds, 659 N.W. 2d 374, 2003 SD 30; and State v. Gonzales, 645 N.W 2d 264, 253 Wis. 2d 134, 202 WI 59.

This would mean Act 283 would there-fore be unlawful and void and everyone sentenced under it would have a re-medy to seek relief form this invalid law. Before this litigation can be undertaken it is necessary to complete research and we welcome the opinions and research assistance from every-one.

The best way to accomplish the repeal of TIS is to organize politically. Once organized and politically active, family members of prisoners have a much better opportunity to get the message across to the public and legislators. Under DOC rules prisoners are pro-hibited from organizing politically or in any other way, yet they are not prohibited from encouraging family members and friends outside of prison to become actively involved in an issue or campaign. Plus, obviously prisoners cannot vote, therefore, their demands would have little or no impact on influencing legislators to introduce legislation that would repeal truth in sentencing. What prisoners should do:
1. Contact family members and friends and let them know that Prisoners Action Coalition is gathering names of folks interested in becoming actively involved in this issue.
2. Send a donation to PAC, and request PAC to forward you an infor-mation packet that includes a member-ship application and instructions as to what they can do.

Fighting for political change is by no means an easy task. Groups such as HALT, a DC based legal aid organization has sponsored legislation, but their success was dependent on the involve-ment of the people. Our success depends upon how well our family members participate.

Truth in sentencing needs repealing as it currently exist and this can only be accomplished when you and your families get involved. We can no longer sit back and wait in hope that legislation will be enacted to address the problem. Liberation now, Liberation forever.

Your comrade,

Truth in sentencing campaign committee

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The Golden Rule is the same in any language or religion

Christianity: All things whatsoever ye would that men should do to you, do ye even so to them.: Matthew 7:12

Islam: No one of you is a believer until he desires for his brother what which he desires for himself. Sunnah

Buddhism: Hurt not others in ways that you yourself would find hurtful.: Udana Varga 5:18

Judaism: What is hateful to you, do not to your fellowmen. That is the entire Law; all the rest is commentary.: Talmud, Shabbat 31:a

Confucianism: Surely it is the maxim of loving-kindness: Do not unto others that you would not have them do unto you.: Analects 15:23

Taoism: Regard your neighbor�s gain as your own gain, and your neighbor�s loss as your own loss.: T�ai Shag Kan Ying P�ien

THE US GULAG PRISON SYSTEM - THE SHAME OF THE NATION AND CRIME AGAINST HUMANITY
Stephen Lendman

(ed. note - this is a short excerpt of a larger essay available on line at: http://www.uruknet.de/?s1=1&p=21544&s2=15)

No, not the one you think, outrageous as it is. I'm referring to the US prison system that's with no exaggeration about as shockingly abusive as the gulag abroad. It qualifies for that label by its size alone - more than 2.1 million as of June, 2004 and growing larger by about 900 new inmates every week. Blacks (mostly poor and disadvantaged) especially are affected. While they make up just 12.3% of the population, they account for half the prison population, and their numbers there have grown fivefold in the last 25 years. Hispanics (also poor) account for another 15%.

About half of those incarcerated are there for non-violent offenses, and half of those (500,000) are drug related. But while blacks make up 15% of ilicit drug users, they account for 37% of drug arrests, 42% of drug offenders in federal prison and 62% in state prisons. And Human Rights Watch reported in 2000 that in one third of the states 75% of all prisoners for drug-related offenses are black. In my home state of Illinois they reported the number to be an astonishing 89%, a total exceed by only one other state. Further, in a so-called free society, below the radar are hundreds of political prisoners, mostly people of color, there only because they represent a threat to the state from their pursuit of justice for their people if they were free.

Today the US shamelessly has more people behind bars than any other nation including China with over 4 times our population. And things have become especially repressive against those in society least able to defend themselves including immigrants of color and our newest head of the queue demon - Muslims. The Bush adminis-tration has made a bad situation far worse taking full advantage of their fear-induced "permanent state of war" and sham "global war on terrorism" to target all those seen as a potential threat to their plan for global dominance and full control at home.

Taken as a whole, this is a national disgrace and outrage, but the effect on those targeted is pretty much below the radar, unreported and undiscussed in the mainstream. Who cares about a couple of million mostly poor, mostly people of color (including immigrants, many of whom are undocumented and have no legal rights at all) languishing behind bars out of sight and out of mind. When any of this is discussed, it's to let the (voter eligible) public know our political leaders are "tough on crime" and working to keep us safe. Safe from whom or what? In the words of a great world class journalist, that kind of talk is "what comes out of the rear end of a bull." What's really going on has little to do with public safety but lots to do with controlling a justifiably restive population of poor and desperate people, the inability of those people to afford a proper defense in our so-called criminal justice system stacked against them, and a growing opportunity for big business to profit on human misery. It's a kind of modern day slavery - a growing state and privately run criminal injustice and prison industry using human beings as their product. In this land of opportunity and the "free market", all things (and people) are commodities to be exploited for profit.

THE SHAMEFUL FACTS PAINT AN UGLY PICTURE OF ANOTHER (LOCKED UP) AMERICA, OUT OF SIGHT AND OUT OF MIND

Here are some key facts. Nationwide black males over 18 are incarcerated at 9 times the rate of comparable white males, and in 11 states those rates range from 12 to 26 times the rate for whites. In my home state of Illinois the rate is 15 times, and in the nation's capital the rate is an astonishing 49 times. The most current data on incarceration for blacks in the US was 1,815 per 100,000 vs. 609 per 100,000 for Latinos, 235 for whites and 99 for Asians. For adult black males the rate was 4,630 per 100,000, 1,668 for Latinos and 482 for whites. In 1999, 11% of black males in their 20s and early 30s were in prison including one third of black male high school dropouts. Even worse, the statistical model used by the Bureau of Justice Statistics at the turn of the century to determine racial and ethnic differences in their chances for incarceration at sometime in their lifetime predicts a 29% chance of serving prison time for a black male aged 16 in 1996. The comparable chance for a white male in the same age group was 4%. In 2002 the Justice Policy Institute reported there were more black men behind bars than in colleges or universities. It also reported that 30% of black males between 20 and 29 are either in prison or on probation or parole.

From the numbers above we know that one in every 20 black men over 18 is now in a state or federal prison compared to one in every 180 whites. And in some states like Oklahoma, Iowa, Rhode Island, Texas and Wisconsin, the black male incarceration rate incredibly is between 13 -14% of all black men in those states - a devastating blow to the black families and communities there. It's also true that the best predictor of a state's incarceration rate and its total prison population is the size of its black population.

By almost all measure the state of what can only be called the US criminal injustice system is shocking and out-rageous. In the last 35 years the total number incarcerated has exploded from less than 300,000 in 1970 to more than 7 times that number now. Today the US is number one not only in its total prison population but in the highest number per 100,000 population imprisoned - 690. Only Russia is a close second with 675 while in South Africa it's 400, England - 125, France - 90, Sweden - 60 and Italy - 40. Would an-yone suggest the US is 17 times more non-law-abiding than Italy, or is there a simpler explanation?

It's also true that race is the most prominent reason why states deny voting rights to convicted felons and ex-felons. The greater the percentage of blacks in a state, the more likely it is for that state to disenfranchise its residents who've served time in jail. A prison record in those states means a loss of a citizen's most fundamental democratic right. The laws vary by state, but The Sentencing Project estimates 4.7 million Americans, or 1 in 43 adults, have currently or perman-ently lost their right to vote because of a felony conviction. And 1.4 million black men, or 13% of all black men, are so disenfranchised, a rate 7 times the national average. Even more shocking, the same report estimates that given the current rates of incarceration, 30% of the next generation of black men will be disenfranchised at some time in their life. And in states that disen-franchise ex-offenders, as many as 40% of black men may permanently lose their right to vote.

Let's be very clear. Based on the Fifteenth Amendment to the Constitu-tion it can, and I believe should, be argued that all state disenfranchise-ment laws are unconstitutional. Section 1 of that amendment reads: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous servitude." It remains for a future Congress and/or the courts to address this issue and decide whether we're to be a democracy for all our citizens or just for those we decide are eligible and for the reasons we choose. ian.co.uk /
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Letter seeking legal aid for "ex post facto" relief

2006-02-28T17:21:00.000-08:00

PRISONER’S ACTION COALITION
P.O. Box 151
Fennimore, WI 53809
February 24, 2006

Dear Friends,

This letter is written with the hope that you will take up the cause of Wisconsin prisoners seeking relief from ex post facto violations of the U.S. and Wisconsin State Constitutions. A team of researchers has gathered the relevant case law and formed a legal argument that challenges the policies of the Wisconsin Parole Commission which denies parole based on new criterion, not in effect at the time of their arrest, conviction and sentencing.

Briefly, following are three precedent setting cases that support our claim:

The United States Supreme Court has expansively interpreted the Ex Post Facto Clause to cover a wide range of government actions. See, Miller v. Florida, 482 U.S. 432 (1982).

In Medley, 134 U.S. 160 (1980), the courts held that almost any retroactive application of the law which makes more onerous the sentence or the ability to obtain parole will be held to violate the Ex Post Facto provisions. Any law passed after the commission of an offense is an ex post facto law if it inflicts greater punishment than that in place when the crime was committed, or which alters the situation of the accused to his disadvantage.

In Micken-Thomas v. Vaugh, 321 F.3d 374,378 (3rd Cir. 2003), the court held that state prison inmates were entitled, under the ex post facto clause, to have parole boards grant or deny parole based on factors proscribed by policies as they existed at the time of conviction.

Thousands of prisoners convicted prior to Wisconsin’s “Truth In Sentencing” legislation (1999) suffer from a manipulated parole system. Truth In Sentencing brought in a new era of harsh sentencing, and the parole board was presented the task of bringing parole eligible sentences into closer alignment with TIS sentences. This is a clear violation of the ex post facto clause of the U.S. Constitution.

Parole Commission Chairperson, Mr. Lenard Wells has admitted that he “has no risk assessment tools” with which to determine the all important “risk to public safety” issue, and therefore “prefers to err on the side of public safety” when considering grants of parole. This is used as a justification for ever lengthening terms of incarceration for parole eligible prisoners. The net effect is to increase punishment beyond that expected by the sentencing court, the legislature, and the prisoner.

Prisoner’s Action Coalition has gathered the names of 180 “old law” prisoners whose family and friends stand ready to mount a public campaign to bring light to this issue. We are also prepared to mount a legislative lobbying campaign to support the proposed litigation. We understand that 180 is a small percentage of possible class members, but our resources are limited and the effort to gather dedicated members began only six months ago.

Other States have successfully addressed this issue and brought about reform of their State parole boards. The Wisconsin Parole Commission remains nearly unregulated, giving an agency of the state more authority than the courts or legislature. We hope you share our concern about the manner in which the laws are being manipulated by the Wisconsin Parole Commission and the far reaching consequences to society, caused by this civil violation.

If this is not the sort of litigation your firm or organization cares to take on, perhaps you will forward this plea to a colleague who might assist us.

If you have any questions, please write or call.

Sincerely,

Frank Van den Bosch
Spokesperson, PAC
608-822-4253

cc. research committee

Press Release PAC

2006-02-28T13:17:00.000-08:00

PRESS RELEASE

DATE: 2-24-2006

RE: Supermax transition

From: PRISONERS' ACTION COALITION

The Supermax (now WSPF) is going through a major transition. After a six years of attempting to justify a terrible mistake the Wisconsin DOC has finally pulled the plug. This stupendously expensive boondoggle is now being reconfigured into a more sane and humane facility.

General population prisoners will be arriving soon, and those who have endured six years of deprivation are now allowed the same privileges as segregated prisoners in other Wisconsin prisons.

A new color coded system of prisoner classification called the HIGH RISK OFFENDER PROGRAM (HROP) is replacing the notorious Level System. A more realistic number of cells will continue to house truly dangerous men, and the pressure to keep 509 cells filled with dangerous prisoners will finally be abandoned.

This change does not come with fanfare. The DOC has not trumpeted these changes because to do so would acknowledge the reality of a failed experiment. Activists and prisoners applaud the DOC. We just ask, what took you so long�

For more information, contact:

Frank Van Den Bosch
Spokesperson,
Prisoners' Action Coalition

High Risk Offender Program at WSPF Boscobel

2006-02-28T12:57:00.000-08:00

Wisconsin Secure Program Facility (WSPF), Boscobel, has a new system as of Feb. 15th, 2006, in which the 'High Risk Offender Program' is the replacement of the 5 levels system. Now there are 3 colors, of which 'Red' is the most restrictive, and 'Green' the least restrictive. Here is the Manual:

New Abolitionist, PAC Newsletter 25 january 2006

2006-02-13T01:34:00.000-08:00

January 25, 2006 issue
Dear friends,

Thanks for all the positive suggestions and constructive criticisms sent back to our office. Rest assured, they were heard, and even if we don’t comment directly here, we will keep those suggestions in mind.

There are a couple of points that are worth discussing with this wider audience. One is our political/radical stance. Most comments suggested that we remain or become more political, and some of those same comments suggested a less radical stance. What is apparent in that suggestion is the perception that “reasonable” lobbying for reform through political avenues is the solution to this incarceration catastrophe. This gives us the opportunity restate our mis-sion and purpose, we advocate for the abolition of prisons, not the reform of prisons. Martin Luther King answers this question beautifully, "The question is not whether we will be extremists, but what kind of extremists will we be?"

So, we will remain radical and bring views and news that reflect our opinion that prisons do not solve the socio-economic problems that drive people to commit “crime”. Prisons exacerbate the problem by brutalizing citizens who are then returned to our communities, hardened and angry.

One other point that needs to be reiterated here, our newsletter is called The New Abolitionist and it seems that many equate this with the former abolition movement and an afro-centric perspective. The original abolitionist move-ment was about the abolition of slavery, and as observed in the 13th Amendment, slavery remains a part of our basic laws. We look to the first and original abolitionists because they too rejected government (they rejected man’s laws and followed God’s laws). Many were Quakers, and although they hated slavery, many also rejected the idea of equality of the races.

What we take from those predecessors is the rejection of government and man’s laws, although we do not look to any scripture to define our moral outrage, and contrary to many of the former abolitionists, we embrace racial equality and thereby deny the oppressors that tool of division.

But most of all, as New Abolitionists we seek the abolition of prisons; more than that, we seek the abolition of the systems of oppression that create the need for prisons; we seek the abolition of police who are the enforcers of the systems of oppression that create the need for prisons; we seek the abolition of capitalism as a system that divides us, destroys our environment, and commodifies all things.

We had considered not sending this issue to the families and friends. We hoped that they would send word (or money) if they wanted to keep receiving the newsletter, but we’ve had few paid subscriptions. We understand that you want us to tell them what prison is all about, but we also want to spend our meager resources effectively, so if you have an opinion on this matter, let us know. Also, many of you have been moved about, and if you want to keep getting this newsletter, let us know when your address changes.
“Old Law” lawsuit members and their families will find an update enclosed. If there is no update enclosed, you’re not signed on. There have been some very interesting devel-opments. Around 150 prisoners have now signed onto the suit. We feel that we are reaching a point in our research and preparation where we will be seeking outside counsel and/or organizational help to file the case. One of our members had a meeting with Lenard Wells, and his report is enclosed for all.

WSPF hijacked the last two issues of the New Abolitionist and many of our comrades are appealing, but we don’t expect they will succeed. Like George Jackson said, “those in power use the law when it is convenient, but disregard it when it suits them.” The First Amendment to the U.S. Constitution is one of those pesky laws that get in the way of suppression of information.

Wisconsin State Senator Brian Burke, charged with 19 felonies will serve 2 months of home detention. He spent 300 thousand dollars to buy this (in)justice. In the meantime, thousands of poor people sit in prisons for writing a phony check in order to feed their children. So it goes in Amerika.

We know that attention spans are short, and Tookie Williams is “old news,” but the piece by Bin Wahad says so much more than any other piece written about the murder-by-state of Tookie, that it had to be part of this newsletter. It deserves reading and re-reading. Just yesterday, Choctaw Indian Clarence Allen, a 76 year old, blind and deaf, diabetic, wheelchair bound prisoner was put to death in California. Women, children, elderly, infirm, and mentally retarded get no mercy in this culture of violence.

Steve Rundel was sent to WSPF to serve 240 days. As it turns out this was a death sentence. Mr. Rundel was found hanging from a bed sheet tied to the bar in the window of his cell. He died on December 20th. Sensory deprivation is a killer. We have been in contact with his sisters and they say he was awaiting their visit during Christmas. We’ve not had any success in getting the conduct report that sent him to that tomb.

WSPF will be taking ‘general population’ prisoners soon. Even though this is strictly a matter of “efficiency and cost”, perhaps the pressure to keep 509 beds full of “bad people” will ease somewhat. For those who remain in isolation, things may change very little. There’s some talk of property being allowed into cells. We’ll see. To those locked up there, keep the information coming from the bowels of the beast.

There is so much news and so few pages here to report it. Our file, “next newsletter” keeps getting fatter, so if your submission didn’t make it this time, don’t give up hope, some day we’ll get to it.

In solidarity, PAC

“My last words will be ‘Hoka Hey it's a good day to die.’” - Clarence Allen

[p2]

THE URBAN UNDERGROUND
YOUTH EMPOWERMENT CENTER COMING SOON

Now more than ever, Milwaukee teens need opportunities to access alternatives to violence, support for academic achievement, and guidance toward college instead of incarcer-ation. The Youth Empowerment Center will provide a space for youth to pursue these opportunities through programming in leadership, technol-ogy, education, and enterprise. Since its birth in 2000, thousands of teens have turned to Urban Underground for support in pursuing educational and career goals while developing skills in leadership and technology. Urban Underground has implemented a successful model for engaging youth ages 13-19, primarily from low-income backgrounds in developing their social, academic, and leadership skills. This year alone over 1,000 teens submitted applications to join Urban Under-ground. Sadly, we only had the capacity to accept 100 for the year. The YEC will enable us to accommodate over 100 youth every night! In a city where students of color have a 50/50 chance of completing high school, over 90% of Urban Underground members success-fully complete high school, and more than 60% go to college. Using a social justice framework, Urban Under-ground has provided opportunities for some of Milwaukee’s most challenged youth to transform their lives while transforming the lives of those around them.

The concept behind the Youth Empowerment Center was initiated by a group of Urban Underground mem-bers back in 2002. After two years of research, surveys, and site visits to urban youth centers across the country, it was decided that the YEC would model itself after The Spot located in Denver, CO. The Spot was started in 1994 at a time when gang violence was consuming the streets of Denver. Founded by a group of homeless youth, artists, and former gang members, The Spot was struct-ured to provide a safe and supportive place for urban youth to access education, employment, health, arts, and career development opportunities.

The Youth Empowerment Center rep-resents the collective vision of individ-uals and groups committed to advan-cing the social and educational develop-ment of Milwaukee's youth. Thank you for sharing our vision.

To learn more about this amazing endeavor, please contact Reggie Moore at 414.384.8308.

Women in Prisons

by Ali Khalid Abdullah #148130
Mound Correctional Facility
17601 Mound Rd.
Detroit, MI 48212

There are well over 100,000 women in prison in the U.S. today. The majority are in prison for economic so-called crimes. The most typical convictions resulting in imprisonment for women are property so-called crimes, such as check forgery and illegal credit card use. Of the women convicted of violent so-called crimes, the vast majority were convicted for defending them-selves or their children from abuse. In California alone there are 600 women in prison for killing their abuser in self defense. Average prison terms are twice as long for killing husbands as for killing wives. 54% of women in prison are women of color, and women of color are the fastest growing popul-ation in U.S. prisons today.

One such woman in prison is Michelle Burks. A woman who came to prison as a youth and as is now in her 30’s and has been repeatedly been denied parole by the Parole Board in Oregon. Michelle has been a long time supporter of Political Prisoners and it is time she is given support as well.

Currently, Michelle is trying to win legal relief in court and needs financial support. We encourage you to write to Michelle Burks and ask what help she could use that would help her gain her freedom. Write: Michelle Burks #7743377, Oregon Department of Corrections, P.O. Box 9000, Wilsonville, OR 97070. Financial contributions can be sent to: Michelle Burks #7743377, Oregon Department of Corrections, P.O. Box 14400, Salem, OR 97309

End Juvenile Life Without Parole
Amnesty International

“Adult time for adult crime” might be a prosecutor’s snappy catchphrase to describe life without parole for juveniles. But it effectively ignores what even the U.S. Supreme Court has repeatedly recognized - that children are less culpable than adults for the crimes they commit. If that is true, then children must be held accountable for their crimes in a manner that reflects their special capacity for rehabilitation. But courts across the United States have been prosecuting children - who are too young to vote, get married or drink alcohol legally - as adults and meting out the extreme punishment of life without parole.

In Pennsylvania, for example, a tenth grade boy named Stacey T. got life without parole for a second degree murder conviction. His crime was participating in a robbery scheme in which two adults (one was Stacey’s cousin) used Stacy to lure the victim and them killed him after taking Stacy home. Stacey, who had no juvenile record and went straight to adult court, says, “Is it fair that I spend the rest of my life in prison for a crime which was committed by someone else without my knowledge or without my being present?”

In the first national analysis of life without parole sentences for children, Amnesty International and Human Rights Watch discovered that there are presently 2,225 people in the United States sentenced to life without parole for crimes they committed as children. Contrary to popular belief, most of these children do not have long rap sheets of vicious crimes; an estimated 59% received the sentence for their first ever conviction. There are also marked racial disparities. Black youth are ten times more likely to receive life without parole sentences than white youths.

The United States stands alone with Somalia as the only countries that have not ratified the Convention on the Rights of the Child, which explicitly prohibits life imprisonment without the possibility of release for children under 18. At least 132 countries forbid life without parole for juvenile offenders in domestic law or practice. Only four countries have juvenile offenders serving life without parole, with only a dozen cases in total outside of the United States.

"The state calls its own violence law, & that of the individual, crime" - Max Stirner

[p3]

LEGAL NOTES

This is a new column for the PAC newsletter. We will try to highlight the efforts of some of our members seeking justice in the courts. If you have a case pending or have recently won a case, and think that case may help others, send us a brief (100 word) synopsis.

* Terrance Shaw, with the assistance of Vance (Moso) Smith and Oscar (OB) McMillian, has filed litigation (Case No. 05-C-008272) in the U.S. District Court, Eastern District, which raises the issues of ex post facto regarding the Parole Commission guidelines. Those who have singed up on the “old law” class action suit will find a full essay regarding this case in this newsletter. Mr. Shaw will keep us updated as his case moves through the courts.

.* Anthony Robinson, filed a motion for Sentence Modification in which he alleged the Parole Commission policy of making prisoners serve two-thirds of their sentence in prison constituted a new factor which was not known at the time of his sentencing. He quotes State v. Carter, 208 Wis. 2.d 142, 560 N.W. 2.d 256 (1997), as authority to consider post sentence rehabilitation efforts. Anthony has given PAC permission to share his motion with those who want to review it. His motion resulted in a five year reduction of his 20 year sentence. For a copy of this motion, send 3 - 39 cent stamps to PAC in order to cover copying and postage.

* PAC is in the process of filing a 1983 action in Federal Court to challenge the banning of The New Abolitionist newsletter from certain institutions. The issue is denial of free speech under the 1st Amendment. Thornburgh is the defining case law, but many other cases have redefined this issue. We welcome suggestions from anyone who has had some experience in this area.

That’s all for this issue. I’m sure there will be many submissions next time.

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If it wasn’t so tragic it would be funny

Here’s a suggestion from Shaun Nichols:
“Have a contest for The Most Bogus Ticket.”

Sounds like fun. Send us a copy and explanation of your most bogus ticket. We’ll publish the winner and honorable mentions. Prize? Ok, one year free subscription to The New Abolitionist.

Policy keeps shackles on during labor
Wendy Harris
Post-Crescent staff writer

Of all the state's prison policies, the gender-neutral requirement of restr-aining prisoners who must go to a community hospital or clinic for care has ramifications unique to the preg-nant, female offender: she labors in leg shackles.

Samantha Luther, who entered Tay-cheedah Correctional Institution preg-nant last March, knew what to expect. But her baby's birthday came without warning. On the morning of Sept. 6, Luther, 38 weeks pregnant, was awakened by a guard and told to "get ready for her doctor's appointment," said Luther, who grew up in Menasha.

Wearing customary handcuffs and leg shackles, she was escorted under a guard's watch to Fond du Lac's St. Agnes Hospital's fourth floor - labor and delivery -- not the doctor's office where she had been going for prenatal checkups.

Her baby's due date was still 12 days away. "(The doctor) came in and said he was going to pop my water," said Luther, a drug offender who violated her probation. "I was so mad. I was not prepared. I was in shock. ... I felt like all of my rights had been taken away."

Her handcuffs were removed, but her shackles, giving her about 18 inches between her ankles, remained on. The doctor then ruptured her amniotic sac. Wearing socks, the shackles and a hospital gown, she and the guard paced the hallway on and off for several hours.

"They made me walk the halls in my shackles in front of all these women," Luther said. "It was so humiliating. My ankles were raw." When her labor failed to start, she was given a drug to start her contractions. "I had shackles on up until the baby was coming out and then they took them off for me to push," Luther said. "It was unbelievable. Like I was going to go anywhere."

The practice of shackling laboring in-mates for most of labor and immed-iately after childbirth is common across the country. Amnesty International considers the practice "cruel and degrading," saying it "endangers the woman and her child."

The practice also violates United Nations standards and is opposed by the American Public Health Association and the American College of Obstetricians and Gynecologists.

In 2001, Amnesty reported 21 states allowed the use of shackles. Wisconsin officials say they must balance security and inmates' access to care.

"Obviously, our goal is decent, humane treatment of all our offenders in our custody," state corrections Secretary Matt Frank said. "Security and prev-enting escape are an important part of the job. ... Our goal is to accomplish both of those things and I don't think they are mutually exclusive."

Frank has ordered his staff, however, to review the use of restraints and the overall pregnancy and childbirth processes, spokesman John Dipko said Saturday.

Ana Boatwright, warden of Wisconsin's women's correctional system, added that the use of restraints is deter-mined on a case-by-case basis. "When-ever we take offenders outside the institutions, we have to be careful how we do it," she said. "We don't want to have more victims."

Inmates also have the option of wearing plastic ties in lieu of the heavy shackles, an alternative Luther claims she was not offered.

Baby boy Rhylee was born weighing 6 pounds, 6 ounces. "Then they put (the shackles) back on after (the doctor) sewed me up from my episiotomy," Luther said.

Dr. Robert J. Schuster, a Fond du Lac ob/gyn who has delivered babies of Taycheedah inmates for more than 30 years, said it's common to bring pregnant inmates in and induce them to prevent them from giving birth in their cells.

"We bring them in after 38 weeks to make sure they are in the hospital and everything is taken care of," said Schuster, who also provides prenatal care to the inmates.

However, this is not a prison policy and an inmate must sign a consent form to be induced, said Jim Greer, director of the Bureau of Health Services of the Department of Corrections.§

ed. note - We have heard that this policy has been reviewed and changed, but at the time of this printing, have not found any official statements by the DOC.

[p4]

Statement by Lori Berenson

Lori Berenson is a US citizen currently being held as a political prisoner in Perú. November 30th 2005 marked the tenth enniversary of her arrest.-ed

Statement:
My name is Lori Berenson. I am a New York born and raised political prisoner in Perú. I have spent many years in Central and South America, trying to contribute to the efforts of those who seek social justice for all. I continue this work from prison.
On November 30, 1995, I was pulled off of a public bus in Lima, Perú. Like thousands of Peruvians, I was detained by the anti-terrorist police, tried for treason by a hooded military tribunal under draconian anti-terrorism laws and condemned to life in prison.

This all occurred in the context of an internal conflict in Perú that began in the early 1980's with the armed insurgence of the Peruvian Communist Party, also known as the Shining Path, and later with the Tupac Amaru Revo-lutionary Movement - the MRTA. This conflict had parallels with other conflicts that occurred in much of Latin America.
When I was arrested, Peruvian President Fujimori made me a symbol for his anti-terrorist campaign. His ability to use the media for his own publicity purposes led to my case being very high profile.

Because of the tireless efforts of my family, friends and many others in the US and elsewhere in the world, the Fujimori regime was forced to bring my case to a civilian anti-terrorist court in 2000. During the period of the falling of the Fujimori regime and the formation of a transitional government in 2001, I received a new trial and was sentenced to 20 years for collaboration with terrorism. A year and a half later, the anti-terrorism legislation was modified slightly and those incarcerated under it began to receive new trials. In 2004, in light of the international anti-terrorism campaign in our post 9/11 world and under extreme pressure from Perú's political class, the Inter-American Court of Human Rights ratified my sentence.

The details of what happened to me are irrelevant in the broader picture of the thousands of Peruvians who have been killed, disappeared, tortured and detained during the internal conflict. Since history has always been re-written by those who have the upper-hand, the issue of subversion became the scapegoat for all of Perú's problems.
In all parts of the world, symbolic culprits are used to obscure the root causes of social discontent, to distract attention and distort realities when any group of people questions the existing order.

The world order, especially in this era of globalized capitalism is designed to benefit a powerful few at the expense of the majority of our world's peoples. This system is unjust, immoral, ter-rifying, and just plain insane. We must change it.
People all over the world are im-prisoned today and suffering tremen-dous injustices for challenging this order. I express my solidarity with all of those prisoners, and in particular my admiration for those whose cour-age we can hear in the voice of Mumia Abu Jamal, in the writings about Leonard Peltier, in the struggle for the liberation of Puerto Rico, and many others. The dignity demonstrated throughout long years of struggle and resistance under one of the harshest jail regimes on earth is an example for all prisoners and for human beings in general.

For prisoners, the struggle for basic dignity is a daily plight. Prisons are just a smaller version of the general system that operates in this world, and that is what is wrong. The desire to change it is why many of us are here in the first place. It is a worthy cause to be behind bars for.

en Español:

Mi nombre es Lori Berenson. Nací en Nueva York, y soy una prisionera política en el Perú. Ya llevo muchos años viviendo en Centro y Sur América, intentando contribuir a los esfuerzos de quienes buscan la justicia social para todos y todas. Desde la cárcel, sigo con en este trabajo.
El 30 de Noviembre de 1995, fui bajada de un autobus público en Lima, Perú. Como miles de peruanos, fui detenida por la policía antiterrorista, juzgada bajo leyes antiterroristas draconianas en un tribunal militar con jueces sin rostro, y condenada a cadena perpetua.

Todo eso ocurrió dentro del contexto del conflicto interno en el Perú que empezó a los inicios de los años 80 con los insurgentes armados del Partido Comunista del Perú, también conocido como Sendero Luminoso, y después con el Movimiento Revolucionario Tupac Amaru- MRTA. Este conflicto tenía paralelos con los otros conflictos que ocurrieron en muchas partes de Latinoamérica.
Cuando fui detenida, el Presidente Fujimori me convirtió un símbolo de su campaña contra el terrorismo. Con su habilidad de usar los medios de comunicación por sus fines personales, mi caso llegó a tener de un perfil alto.
Gracias a los esfuerzos inagotables de mi familia, amistades y tantas otras personas en los Estados Unidos y otras partes del mundo, el régimen de Fujimori fue forzado a permitir que mi caso fuera visto en un tribunal civil antiterrorista en el año 2000. Durante el periodo de la caída del gobierno de Fujimori y la formación de un gobierno de transición en 2001, recibí un juicio nuevo en lo cual fui condenada a 20 años pena privativa de libertad por el delito de colaboración con el terrorismo. Un año y media después, la legislación antiterrorista fue parcialmente modificada y las personas privadas de libertad empezaron a iniciar juicios nuevos. En un mundo cambiado por el 11 de septiembre, la campaña internacional contra el terrorismo y bajo la presión de la clase política del Perú, en 2004 la Corte Interamericana de Derechos Humanos ratificó esta sentencia de 20 años.

Dentro del contexto mayor de los miles de peruanos que fueron asesinados, desaparecidos, torturados, y detenidos durante el conflicto armado interno, los detalles de mi caso son irrelevantes. Dado que siempre se re escribe la historia por parte de aquellos que mantienen el poder, la subversión llegó a ser utilizado como el chivo expiatorio por todos los males en el Perú.
En todo el mundo, cuando cualquier grupo cuestiona el orden existente, se utiliza culpables simbólicos para encubrir las causas profundas del descontento social y distraer y tergiversar la atención publica.
El sistema mundial, especialmente en esta época de capitalismo globalizado, está diseñado para beneficiar a un grupo reducido de personas poderosas al costo de la mayoría. Este sistema es injusta, inmoral, horrorosa, y simplemente enferma. Tenemos que cambiarlo.

Hoy hay personas en todas partes del mundo que están detenidas y sufren extremas injusticias por desafiar este orden. Expreso mi solidaridad con todos aquellos prisioneros y prisioneras, y especialmente mi admiración por aquellos cuya valentía se escucha en la voz de Mumia Abu-Jamal, los escritos sobre Leonard Peltier, la lucha independentista de Puerto Rico, y tantos otros. La dignidad demostrada durante los largos años de lucha y resistencia bajo uno de los regimenes mas severos del mundo es un ejemplo para todo prisionero y para la humanidad en general.

Para nosotros prisioneras y prisioneros, la lucha para la dignidad básica es una tarea cotidiana. Las prisiones son simplemente una versión en escala menor del sistema general de opresión que opera en el mundo. La razón por la cual muchos de nosotros estamos aquí es precisamente nuestro anhelo de cambiarlo. Es una causa digna por estar atrás rejas.

[p.5]

Old Law Research Update

Research of the challenge to parole guidelines is completed. We are ready to format and structure the complaint to clearly provide - in the Statement of Facts - the legal claim, that will clearly meet the criteria we need to show that the action of the Parole Board, in denying parole under guidelines that were promulgated after our crime was committed, created a violation of the Ex Post Facto Clause.

The U.S. Supreme Court has expansively interpreted the Ex Post Facto Clause to cover a broad range of Government actions. See Miller v. Florida, 482 U.S. 423 (1987), in which the court held that the Ex Post Facto Clause protected against vindictive legislation.

There are many cases dealing with ex post facto legislation. Almost any ret-roactive application of the law which makes more onerous the sentence or the ability to obtain parole will be held to violate ex post facto provisions. In Medley, 134, U.S. 160 (1980), “any law passed after the commission of an offense is an ex post facto law if it inflicts greater punishment than that in place when the crime was committed... or which alters the situation of the accused to his disadvantage.”

In the course of research, every case which has made reference to the April 28, 1994 letter of Tommy Thompson to Secretary Sullivan as being a policy directive, and arguing that it had been applied retroactively, constituted an ex post facto violation, the courts have either held that this claim does not state a claim upon which relief can be granted or dismissed the claim with prejudice.

While it is clear that not all actions of the Executive are exempt from ex post facto scrutiny, the courts have distinguished between legislative rules and “interpretive guides,” Prater v. United States Parole Commission, 802 F.2d 948 (7th Cir.1986); U.S. v. Ellen, 961 F.2d 462 (4th Cir. 1992). In Ellen, the court explained that “Interpretive rules simply state what an administrative agency thinks the statute means, and only remind affected parties of existing duties.” Thus, while interpretive rules or statements of enforcement policy are merely guidelines, legislative rules have the “force of law.” The reason for the distinction was explained in Rodriguez v. the United States Parole Commission, 594 F.2d at 173, “When Congress has delegated to an agency the authority to make a rule instead of making the rule itself, the resulting rule is an extension of the statute for purposes of the clause. What Congress cannot do directly, it cannot do by delegation.”

In Mickens-Thomas v. Vaugh, 321 F.3d 374, 378 (3rd Cir. 2003) the court held that state prison inmates were entitled, under Ex Post Facto Clause, to have parole boards grant or deny parole based on factors prescribed by board policies as they existed at the time of conviction.

In a recent case finding(s), Glascoe v. Bezy, 421 F.3d 543 (7th Cir. Aug. 30, 2005), the court stated the proper question to ask is, whether the new procedure creates a significant risk of increased punishment.

“This is not to be confused with the question of whether the new parole practice is harsher for a class of prisoners”, Id. 421 F.3d at 547. The court then goes on to assert: “Generally, we must focus on the consequences of the new practice on the sentence of the particular inmate bringing the challenge, (the individual) must show that as applied to his own sentence the law created a significant risk of increasing his punishment.” Garner v. Jones, 529 U.S. at 255, 120 S.Ct 1362. Id. 421 F.3d at 548.

Also in Blair-Bey v. Quick, 151 F.3d 1036,1049 (D.C. Cir 1998), “If it can be shown that the 1987 revision was motivated by a punitive desire to extend the incarceration of a particular category of inmates, see Miller, 482 U.S. at 433-34, 107 S.Ct 2446, finding that a statute whose ‘sole reason’ was to punish sex offenders more heavily, violated the ex post facto clause.”

In assembling the Statement of Facts that our claims will be derived from it is essential that we include each guideline which prescribed Parole Commission policies as they existed at the time each member’s conviction. Therefore, we will need each class member to write directly to the head of the research committee with information about the existing parole guidelines at the time of their conviction. Please forward any documentation of parole policies to be included as an exhibit to: Frank Ratcliff #200947, Fox Lake Correctional Institution, P.O. Box 147, Fox Lake, WI 53933-147

For those individuals convicted before 1977, according to the Revisor of Statutes Bureau, there was no authority for rule making on this topic and chapter HSS 30 was not in existence in 1973. Therefore, what-ever statute you have in your posses-sion related to parole, please forward us a copy. This will saves us time and money if we don’t have to file so many open record requests.

While drafting the complaint, we will also be drafting a letter to be sent to lawyers and legal organizations asking for representation and support. We welcome your assistance in this mat-ter. If we cannot get representation and/or support, PAC will be organizing fund raising events to gather the need-ed funds to secure representation.

The research committee wants to thank our outside support, without which this endeavor would be much more difficult. The few outside people working on this are dedicated but overworked.

Some very gifted artists have donated their art work to the cause, and we thank them for their support. Unfor-tunately, old law prisoners will not see the art work in this newsletter, it went to all other prisoners instead of this page.

Special thanks to Brother Oscar McMillan, Ron Schilling, Vance Smith, Al Curtis, Robert Flynn, Anthony Robinson, Terrance Bridges, Ben Sanders, Terrence Shaw and others who have helped research this complicated issue, and shared with us their legal successes and failures, they all helped formulate a winning argument. It is because of them that we have gotten to this point. We look forward to their help in the next phase of this endeavor.

Thanks to all the old law prisoners who have spread the word, and we hope you continue to do so. There are no women in the class as of yet, so if you are in contact with any female old law prisoners, please have them contact our office.

Send the good folks at PAC your support, offer your help, or send a few dollars. We are our own liberators, they are there to help.

For freedom we struggle!!!!

Frank Ratcliff,
research committee
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The people have only as much liberty as they have the intelligence to want and the courage to take. - Emma Goldman

[p. 6]

Old Law Litigant

Terrance J. Shaw #138254
Oshkosh Correctional Institution (WI)

I have been asked to draft an article to be included in the next PAC newsletter. As my fellow inmates subscribers to PAC know, a couple of newsletters ago PAC asked for input from any jailhouse lawyers to assist PAC in prosecuting a class action law suit on behalf of all old law Wisconsin inmates. I responded by sharing a copy of my Case No.05-CV-00872, that I filed back in August 2005 in the Federal Eastern District Court of Wisconsin, under Title 42 U.S.C. Section 1983. I want to point out that I am not much of a jailhouse lawyer myself. However, I am being given legal assis-tance by what I consider two of the most competent jailhouse lawyers in the Wisconsin prison system.

First I’ll give you a short background on my case, and then I will follow that with up with a succinct overview of the main points of my Federal law suit against the WI DOC Parole Board because I am an old law inmate.

In 1981 I raped and murdered an adult female (for which I am so very sorry). I was convicted in 1982 and sentenced to life plus 20 years to run consecutively. I was sent directly to Waupun Correc-tional Institution because back in 1982 Assessment and Evaluation (A&E) was done in Waupun for all prisoners coming into the system. After I went through the evaluation process I went to my first PRC in January 1983. My first parole eligibility date was eleven years and six months after I was convicted and sentenced, because that was the law for inmates convicted with the crime and given the time I was given by Wisconsin Statute back at the time of my conviction and sentencing. At my first PRC I was initially Assessed an Evaluated, I was given participation in sex offender treatment (SOT) because of the nature of my crime. Since I had never committed a felony or been in prison ever before, according to the Initial Inmate Custody Rating that was in place when I came into the prison system, my total score came to a two (2), and back then, a score of six or less rated minimum custody. But due to the severity of my offense, PRC gave me a maximum custody override and sent me to Waupun. I spent almost twelve years in maximum custody before I saw the Parole Board for the first time. They didn’t give me a parole at that time nor in any subsequent hearings that periodically came up. Over the course of my incarceration I partici-pated in WCI SOT for which I was given a DOC-1423 Program Report by the Chief Sex Offender Psychologist at that time, wherein he stated, “Shaw has benefitted greatly from his partici-pation in SOT and has displayed his understanding of the treatment prin-ciples in his self-disclosure an feedback. Clinical judgment alone would suggest that he has sufficient progress in those areas to have completed his SOT need.” That is part of the quote the doctor gave me in his written evaluation of me. On the other side of the DOC 1423 report, he lists that I have “No high treatment need areas at this time”. The date of the report is 2-7-03 and signed by the Waupun Chief Psychologist whose treatment group I was in for a total of three years.

The reason I filed my Federal law suit against the WI DOC Parole Board is because abut 6-8 years after my 1982 conviction and sentencing, and subse-quent January 1983 Assessment and Evaluation, Initial Custody Rating, Needs Assessment, and Inmate Classification Summary, the WI DOC created a new sex offender treatment program, referred to as SOTP. Also over the course of time, the WI Parole Board created new criteria that inmate parole candidates were evaluated by when being considered for parole.

One of the new criteria is that I must complete SOTP before I will be seriously considered for release on parole. And that is where the rub comes in, and is the basis of my current Federal law suit against the WI DOC Parole Board. I’m complaining that the newly created program and newly created parole criteria violates the Ex Post Facto law, because at the time of my 1982 con-viction and sentencing none of this new-ly created programming and parole criteria was in place until many years later. I’m complaining that the WI DOC Parole Board is violating my Con-stitutional Rights because the adoption of new parole criteria and policies are intended to lengthen my incarceration after I was convicted and sentenced, and this violates my right against imposition of the Ex Post Facto laws. Ex Post Facto, for those who don’t know is a Latin term meaning “After The Fact.” Keep in mind that I have fil-led out the End of Confinement Review Board (ECRB) MN-SOST-R and RRASOR questionnaires with my own personal information to the questions and scored the LOWEST possible score range. That means that when I get paroled, not only am I not eligible to be put under Wisconsin’s 980 sexual predator law, but with the Low and Below Low Risk Rating Score that I got on the ECRB questionnaires, the police won’t even have to notify the community. That is as Low Risk as someone who has been convicted of a sex offense can get.
I credit my progress to many factors that took place during my incarcer-ation. During my first year in prison I got clean and sober and accepted Jesus Christ as my personal Lord and Savior, and have grown exponentially in my daily spiritual walk as each day and year went by. During my past 25 years of incarceration I graduated from the Kenneth E. Hagin RHEMA Bible College out of Tulsa Oklahoma (through correspondence courses) and went on to get a Masters Degree in Religious Studies and a Doctorate in Biblical Studies, a Ph.D. in the Philosophy of Religion, and been awarded an Honorary Doctor of Divinity degree. Combine that with the three years I participated in the WCI SOT, being treated by sincere and caring profes-sionals that run SOT there, and I stand before you the man I am today, fit and ready to reenter society again and become a contributing member and a tax paying citizen. However, due to the newly created SOTP (which takes about four years to complete) and newly created parole criteria, I am not getting seriously considered for parole.

That is the overview of what my Federal law suit is all about. I and my jailhouse lawyer assistants, base my Ex Post Facto Complaint on: Mickens-Thomas v. Vaughn, 321 F3d 374 (3rd Cir. 2003), California Department of Corrections v. Morales, 514 U.S. 499, 506 N.3 115 S.Ct. 1597, 131 L.Ed2d 588 (1995), and Wilkinson v. Dotson, 125 S.Ct. 1242 (2005), to name a few case law precedent decisions. In actuality, my case is much more complicated to prosecute, but I have given you readers a general overview of the facts.

At this point in time the court is “reviewing” my case. I know they are supposed to get that done within the first 90 days, so I wrote to the court and asked what my standing was. They wrote back and gave me the case number they assigned to my case, but asked me to be patient because they were behind and would get to it as soon as they could. So this is where I am with it. As my case progresses thr-ough its due process, from time to time I will send updates to PAC to keep them and their readers informed. From what I explained about my case here, it’s easy to see that if I am successful, my case will help all old law Wisconsin prisoners who are similarly being oppressed by the illegal application of new programs and parole criteria that was created after their sentencing and conviction. Until next time, I will sign off and wish all the blessings of 3John2 to all my fellow inmates.

-Terrance Shaw

[p. 7-9]

HOW PRISONERS RIG THE VOTE

NY TIMES EDITORIAL - A startling analysis by Peter Wagner of the Prison Policy Initiative found seven upstate New York Senate districts meeting the population requirements only because in-mates were included in the count. The Republican Party in New York re-lies on its large upstate delegation for its majority in the State Senate - and for its political power statewide. New York is not alone. The Prison Policy Init-iative's researchers found 21 counties nationally where at least 21 percent of so-called residents lived behind bars.

By counting these nonvoting in-mates as residents, the prison counties offend the principle of one person one vote, while siphoning off political power from the home districts to which the inmates will return as soon as they are released. Since inmates are jobless, their presence also allows prison dist-ricts to lower their per capita incomes, unfairly increasing their share of federal funds earmarked for the poor. Congress, which has just caught on to this, recently gave the Census Bureau 90 days to file a report on the feasibility of counting inmates at their homes of record rather than in prison. At the same time, a committee over-seen by the National Academy of Sciences has been studying the residency issue and is expected to make its final report this spring. But why does the bureau need another study to decide whether it wants to uphold the one-person-one-vote principle?
The bureau should get to work immediately on procedures that would allow it to count inmates where they actually live - and get those procedures locked in place by the 2010 census.

THE ETHICS OF BLACK ATONEMENT IN RACIST AMERICA:
THE EXECUTION OF STANLEY TOOKIE WILLIAMS

By Dhoruba al-Mujahid Bin-Wahad

As one of the individuals Stanley Tookie Williams dedidcated his book to, I thought it important to comment on his execution and the sad state of affairs that now determines the para-meters of debate around the death penalty.

First of all, Tookie Williams was a pro-duct of the African experience in racist America. Lets not get it twisted. Nuns can lament his execution, Preachers can pontificate about how valuable he could be to Black youth, and Law enforcement can talk about legal and judicial rulings, but the bottom line is that Tookie Williams was a consequence of his communities racist marginalization - of America's internal Black colony and its occupation by racist and brutal police armies. This being the case, his execution by the enemies of African-America, and I know there are scores of born again Negroes out there who don't believe that the nation-state of America is their enemy, (a faith they must have if they are to attach any meaning to their life), but history and recent events emphatically substantiate the racist character and morality of America.

Tookie Williams is a product of social and political forces we have permitted to take control of our collective destiny. African-America should have judged and punished Tookie Williams itself. But it didn't.

It was incapable of holding its denizens accountable. Street gangs that started out as expressions of our community's inability to control our own streets and in opposition to police terror, were led down a certain path by the likes of Tookie. These gangs became pred-atory, apolitical, and reactionary. Our communities suffered as a consequence. Those who followed in Tookie's footsteps did so because not one Black institution existed that embraced and channeled their warrior spirit in a positive direction. Black nationalist were too busy "getting the right political line"; The Black Clergy was to busy mobilizing themselves to influence a body politic hat considered them nothing more than mouth-pieces for the Black middle class; Black professors and militant academician were hollering at white educational institutions for inclusion and relevancy...none spoke the lanquage nor harnessed the ener-gies of our street soldiers. The only organization that did so was the Black Panther Party - and that was destroyed by a potent combination of forces over three decades ago. Nothing ever replaced it.

As a Muslim, and even in the Panthers, I never opposed the execution of criminals and butchers of people. There can be no true justice without retribution - without balance. Having said that, I must point out that the European nation-state, and America in particular, given the racist nature of its evolution has absolutely no right whatsoever to act as a surrogate executer of justice for people of color. But because the African-American community, and its ersatz leaders have no temporal power, no institutions for social justice, or to exact a political consequence on those who make war on our commun-ity, we are left to debate the merits of the "death penalty" as a deterent to crime or state murder.

The state says it executed Tookie Williams because he killed four people - three of them Asians and people of color. But California has never exe-cuted one white man for killing Blacks, Latinos, or Asians during the course of armed robberies. And if they did would that justify executing one Blackman? If Guilt or innocence were the real issue rather than a pretext, I would still say no. Why? Because the death penalty in America has always operated as a legal instrument of racial terror. The death penalty evolved from, and assumed the psychological role of Lynching. Least we forget, every Black man lynched was "guilty of a crime". Tookie Williams could have murdered Black folks in droves and would have never faced the death pen-alty. It was law enforce-ment's role in the politics of drugs, and urban gang warfare that made his case extraordinary.

If I were to say the present regime in Washington qualifies for judicial prose-cution and probable execution for crimes against humanity, not one newspaper or major media outlet would treat that statement with respect rather incredulity. But if Law enforcement officials were to say that to embrace the likes of Gorge Jackson meant that one was "criminal minded" there is not one media outlet that would question that proposition.

Which brings me to my major point: The Tookie William's execution by the state of California is not just about the efficacy of the death penalty in America, or punishment for a heinous crime, but about the ethics of atonement and redemption in a racist culture and society. Indeed, the Governor of California in his Hollywood portrayal as the "terminator" and other violent monosyllabic killers is himself a role model for countless thugs, bandits, and murders around the globe, some of whom I've met personally. Liberia's murderous rebels, Sierra Leonean butchers of children, and scores of other misguided youth have adopted the violent persona of the Sylvester Stallone's "Rambo" and Arnold Scharzenegger..the "Teminator"!

Although Schwarzenegger notes that Williams dedicated his 1998 book to a group that includes myself, Assata Shakur, Nelson Mandela, Malcolm X and Mumia Abu-Jamal he is particularly upset by praise for Gorge Jackson. Schwarzenegger said the inclusion of a dedication to George Jackson, who was charged with the murder of a Califor-nia prison guard, "defies reason and is a significant indicator that Williams is not reformed." Defies whose reason?

Apparently Scharzenegger, or the ex-perts on African subculture in America find it absolutely abhorrent that Black redemption can or should embrace a radical political paradigm. They find it absolutely repugnant that the heroes and sheroes for an entire generation of Black youth don't look or behave like Hop-Along Cassidy, Arnold Scharz-enegger's "Last Action Hero" or GI Joe.

To many Black people (with an iota of consciousness), George Jackson is a hero. Why? Because Comrade George represented uncompromising resist-ance to a racist system and its political institutions, a system that incarcer-ated him his entire adult life for crime that a white boy from suburbia would have done community service for. Scharzenneger, never considered this. He never asked himself why should one black man or woman who has been savaged and brutalized by police and prison guards, agents of a state that has historically exhibited utter con-tempt for them, their community, and their lives, mourn the death of any prison guard? That would be like the Jewish alumnae of Dachau morning the death of a concentration camp guard. Were the murders of countless men and women behind prison walls by sadistic guards ever a subject of public outrage except when the state under John D. Rockefeller murdered both prisoners and guards at Attica in September of 1971?

Lest the Governor of California forget, in regions like New York and New Jersey fully 85% of prison inmates come from only several communities in the area - all Black, Latino, and poor. What that means is that almost every black person has a relative either behind bars, on parole, or under pretrial detention. So who cares about the prison guards? Their union, the state, and a racist society that has always viewed Black people as criminals or potential criminals that is who. But thanks to "The Patriot Act" even white citizens are potential criminals before they are law abiding citizens.

What wonderful icons Tookie chose to offer his respect to; Nelson Mandela, Malcom X, Mumia, all respected and revered freedom fighters - except to those who have spent half of their lives living off of the misery and disen-franchisement of Black folks. The utter absurdity of a Jamie Foxx begging a fellow actor to exercise progressive politics is a sickening commentary on the state of African-American lead-ership.

"Governor Schwarzenegger, we're not trying to push you into a corner. We realize that you have a tough job to do and you're very busy, but in being very busy, you may not get a chance to hear everything with the case." Foxx is re-ported to have moaned. Like Richard Pryor once joked about praying to god for help, "I know your busy, cause I checked your schedule". Whether they are busy or not, there is not one legal or "constitutional" right African People have in America that white folks don't have the veto over, or not subject to judicial review -including the right to life. A Blackman's life is subject to termination by a cop or agent of the state at any given moment - without recourse to appeal.

Indeed for many of today's so called leaders from Jessie and Sharpton to national "talk show hosts" (who in the age of instant communication sub-stitute for ideological movements) the issue of African-America's right to self defense has been a taboo subject, yet it was the destruction of militant groups such as the Black Panther's that left a social, political, and ideological void in African-America to be filled by street gangs and the distorted politics of individuals like Tookie Williams.

Although Law Enforcement experts are anxious to dispel and distort the social and political roots of street gangs such as the Crips, the fact of the matter is that gangs like the Crips were in part, a consequence of the success of COINTELPRO's devastation of the militant Black liberation movement in America.

COINTELPRO was a government cam-paign directed at the African-American community that Black leaders to this day have failed to fully investigate or even wish to investigate. It was the selective repression of COINTELPRO and its spin offs that has conferred credibility on some of today's Black leaders. That lynching, a historical instrument of anti-Black terror evolved into the modern death penalty system, only further highlight the illegitimacy of Tookie Williams execution by the state. Indeed California's governor all-udes to this when he says, "there is little mention of atonement in his writings and his plea for clemency of the countless murders committed by the Crips following the lifestyle Williams once espoused. The senseless killing that has ruined many families, particularly in African-American communities, in the name of the Crips and gang warfare is a tragedy of our modern culture." A tragedy of "our modern culture" the body builder says? The Austrian Oak never lived one minute in the South Bronx, or Watts. Never ducked bullets in the Projects or watched helplessly as cops gunned down a teenager on "suspicion of having a gun."

Yes Black families have been ruined by gang warfare, Black communities have also been occupied by police armies as well - cops who also believe they are the biggest and baddest gang in the 'hood and act accordingly. The rise of street gangs directly coincide with the destruction of grass root militant movements that would have otherwise occupied the energies of several gen-erations of African-American youth. What the Governor of California fails to mention is that the "tragedy of our modern culture" was contrived, and created by a society and a nation of people who have absolutely no shame, little sense of history, and absolutely no sense of themselves as pigs rather than saints. What's a tragedy is that the people of California failed to make a distinction between the plastic imagery of Hollywood and the reality of Amer-ican politics when they elected Schwarznegger Governor!

Robert Martin, Tookie's prosecutor, questioned whether there was any mo-ral equivalence "between coauthoring some children's books and the senseless murder of four people in cold blood."

I have always asked similar questions, was there any moral equivalence between starting a bloody war by lying to the world and thereby causing the deaths of thousands and justifying the lies with the rhetoric of decency and humanity? Or was there a moral red-emptive equivalent between security agents of apartheid who brutally tor-tured and murdered Steven Biko, and their apologies thirty years later be-fore a "truth and reconciliation com-mission" as Winnie Mandela would have us believe, while descendants of white settlers still control the land in South Africa even though Blacks are in pol-itical power and Racists Europeans still dominate the gold and diamond indust-ries and call the shots? Or should the apologies of the Belgian, French, and American murderers of Patrice Lumu-mba who now enjoy their old age and write self-justifying memoirs while the Congo wallows in chaos and blood-shed because of their imperial machinations be accepted as true atonement? Or even closer to home, is there a moral equivalence between a government's collusion with organized crime and right wing Asian cartels and paramil-itaries to flood the African-American communities with drugs and then de-clare a war on drugs thereby incarcer-ating and killing thousands of Black youth?

Lets not talk about moral and ethical atonement for heinous crimes - there is so much America needs to atone for that "clemency" is out of the question. Why should African's debate a non issue as if it were relevant to the real deal? If the African community in America hadn't turned its back on its youth by failing to seize control of their own community, its institutions, its econ-omics, and its cultural instruments of self-verification, Tookie Williams could have been another freedom fighter, rather than a redeemed thug who died at the hands of our enemy and their hypocritical system of democratic fascism.

Al Sharpton is dead wrong when he says Tookie Williams has shown a lot of young Americans, particularly in urban areas, the folly of being involved in gang life. It would be far more positive for him to live behind bars and continue that work. There's nothing gained by executing him."

By "Young American", I am assuming Sharpton is referring to an audience not enthralled by the war on drugs, the war on terrorism, and war on us, because if he is - ain't none of them took Tookie's books as a guide down the yellow brick road to mainstream suc-cess. Nor is there such a quality as "life behind bars" everyone in prison is socially dead, and politically mummified - ask Sharpton and the rest of our national Black leaders how alive to him are the Bashir Hameeds, Herman Bells, Russel Shoats and countless other Black Political Prisoners?

Indeed, if anything young Blacks realize is that the biggest "gang" is the US government and its law enforcement agencies. And if nothing is gained by executing Tookie Williams, then surely nothing is lost with his demise. But something is lost and something is achieved. In the age in which we live information is intelligence and manipulation of public perception is key in the manufacture of public opinions.

Tookie Williams was executed to send a clarion signal to African youth that redemptive militancy is unacceptable - only rejection of your social history and complete surrender to the myths of white America could possibly save your life. In this sense, his execution was a commentary on the cowardice of many of today's Black leaders - who want to be both patriots and champions of -Africans in America. This is the age of American empire, you can't be both.

As for America's African-American youth ...don't believe the hype - stay strapped - stay alert, and stay Black. But most of all, don't mourn - organize!

Dhoruba al-Mujahid Bin Wahad
West Africa

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Statement by Muhammad Ali

"Why should they ask me to put on a uniform and go 10,000 miles from home and drop bombs and bullets on brown people in Vietnam while so-called Negro people in Louisville are treated like dogs and denied simple human rights? No, I'm not going 10,000 miles from home to help murder and burn another poor nation simply to continue the domination of white slave masters of the darker people the world over.

This is the day when such evils must come to an end. I have been warned that to take such a stand would cost me millions of dollars. But I have said it once and I will say it again. The real enemy of my people is here. I will not disgrace my religion, my people or myself by becoming a tool to enslave those who are fighting for their own justice, freedom and equality.... If I thought the war was going to bring freedom and equality to 22 million of my people, they wouldn't have to draft me, I'd join tomorrow. I have nothing to lose by standing up for my beliefs. So I'll go to jail, so what? We've been in jail for 400 years."

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So long as men worship the Caesars and Napoleons, Caesars and Napoleons will duly rise and make them miserable: Aldous Huxley

EAT CRAP AND SHUT UP

The commentary at the beginning is from Paul Wright of the excellent Prison Legal News. -ed

A new low has been reached by a federal district court in TX holding it does not violate the constitution for a guard to place feces in a prisoner’s food. Note that prisoners accused of throwing urine or feces are sentenced to decades in prison, yet guards doing the same can’t even be sued over it! Apparently the court’s view is that eating a little shit never hurt anyone.

From Trevino v. Johnson, Slip Copy, 2005 WL 3360252 at *5 (ED.Tex. Dec 08, 2005):

"The Plaintiff also alleged that either Officer Kevin Powell or Officer Rodney Powell placed feces in a meal. An "isolated incident of non-remarkable proportions" does not rise to the level of a constitutional violation. See James v. Alfred, 835 F.2d 605, 607 (5th

Cir.1990) and George v. King, 837 F.2d 705, 707 (5th Cir.1988). At most, the allegations can be viewed as an isolated prank. Moreover, to the extent that the claim can be viewed as a denial of food claim, the Court notes that the prison system must furnish its prisoners with reasonably adequate food. Newman v. Alabama, 559 F.2d 283, 291 (5th Cir1977). The meals must be well balanced and containing nutritional value to preserve health. Smith v. Sullivan, 553 F.2d 373, 380 (5th Cir.1977). "The fact that the food occasionally contains foreign objects or sometimes is served cold, while unpleasant, does not amount to a constitutional deprivation." Hamm v DeKalb County, 774 F.2d 1567, 1575 (5th Cir.1985).

The prison system is not required to provide inmates with three meals a day. Green v. Ferrell, 801 F.2d 765, 770 (5th Cir.1986). The Plaintiff does not have a basis for a potentially meritorious civil rights lawsuit based on the deprivation of a single meal because it purportedly contained feces."

Paul Wright, Editor
Prison Legal News
972 Putney Rd. PMB 251
Brattleboro, VT 05301

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I freed a thousand slaves. I could have freed a thousand more if only they knew they were slaves.

Harriet Tubman

[p. 10]

The United States spends about $57 billion annually on its prison and jail system. Over $500 billion on the military budget. Hundreds of billions on police and courts. How much on schools?

THE WORLD’S HIGHEST INCARCERATION RATES
Incarceration rates per 100,000 population

Incarcerated population on the planet... 8,750,000
United States: 726
Russia: 532
South Africa: 413
Incarcerated population in U.S.... 2,131,180
Canada: 116
Germany: 96
Finland: 71
Japan: 58

THE U.S. WITH 4.5% OF THE WORLD’S POPULATION HAS 25% OF THE WORLD’S PRISONERS

Violent crime in the United States fell by over 33 percent from 1994 to 2003 and property crimes fell by 23 percent yet, incarceration rates have increased at a steady 3.5% annually

U.S. incarceration rates for males ages 25-29 per 100,000 (June 2003):

White : 1,666 / 1.7% Latino : 3,606 / 3.6% Black : 12,603 / 12.6%

South Africa under apartheid (1993), Black males: 851 per 100,000
U.S. under George Bush (2003), Black males: 4,919 per 100,000

Visit these great web sites for more statistics and information:
Prison Policy.org, Prison Sucks.com, Sentencing Project.org.