Prison Life, Not Black or White

Working inside the southwest prisons of New Mexico and Arizona has exposed me to types of customs that are easily misunderstood, misused or abused thus leading me to bring to the conclusion that inferences gleaned through my twenty five years of working inside these chambers of violence and mayhem may have been twisted by factors only the human mind can process and understand but are sometimes not entirely applied into the entire scope of these diverse situations. In a setting such a prison there are various interpretations that can be mistaken for “how things are” to someone who is not engaged in the totality concept of the environment. In an attempt to express and perhaps present another explanation of my reality mindset inside a southwest prison background, there will no doubt be some controversy of these viewpoints or explanations as defined by life’s experiences, political exposures and mentorship influences.


Cultures are not necessarily divided by custody levels but are often enhanced in the art of communication, manipulation and extortion as their reduced ability to move about freely impairs their connections to resources that give them abilities to produce or sustain a game regarding their desired quality of life. The prison system, giving them the basic needs to sustain life such a food, shelter, medication and other items provided by their constitutional rights maintained is the very basic level of every social and psychological foundation of the subculture that exists within that locale or setting. Hence forth, prisoners engage into customs and practices that shape their very existence within a social group or correctional community. Cultures often project an “us versus them” mentality as this applies to a broad spectrum of nemesis type relationships that exist inside the prison world. Thus, prison dynamics hinges on ethnicity, race, nationalities, and color and geographically as it is related to gang warfare and their desire to dominate others while incarcerated as gang membership is an entire culture to its own.

One can not simply say that culture, no matter where it is identified or located, is merely a reflection of the way we live our life within the environment provided. It has simply much more context than that and extends from the surface upward, downward or inward as it needs to be further explained so that it makes more sense that just reading the words or moving the lips. Culture is the main means of connecting of how things are or perceived thus not always accurately portrayed but giving you enough of a glance of what occurs within the parameters exposed or covered or whether visible or invisible as prearranged by forces beyond egotistical, spiritual or politically inclined desires. Just like history has demonstrated that men have experienced diversity in life for many years before, cultures exist in many different forms and levels. Thus there is a desired need to separate these influences and try to make sense out of the message or viewpoint translated by the mind. It is likely when living or working inside a prison, one must deal with at least four other cultures or subcultures that impact their decision making, their conduct and their ability to adapt or overcome obstacles perceived to be placed there for a reason other than incarceration and retribution as the law so clearly states in the applied statutes.

Starting with the most basic of our human abilities to understand and communicate is our basic languages and how we express ourselves. Being cognizant of the various levels of cultures in existence lends to the ability to understand the completeness of language spoken. Most importantly, one must be prepared to analyze the specific societal influences. The language and its translation are divided into sub-classes that represent the different forces present inside the prisons. Regardless of what group of social outcasts you belong to, there is a code of conduct that has to be adhered to in order to be socially acceptable or understood. Just as the free world community has it laws, traditions and practices, so do prisons throughout the world. The social group systems spoken of are the different types of prisoners that have adapted to their respective role within the prison society and ethnicity. Stepping off the curb or trespassing into another caste level or culture spoken is forbidden unless done with the approval or sanctity of those in the position of power in relationship to the locale, population, classes and rank structures. Violations may result in ostracizing of one by others in power, beat downs, or killings. These acts of violence, rejection or non acceptance are normally loud and clear and often not misunderstood thus quickly resulting in a change of locale or class system. Once a prisoner understands their place within this informal caste system, they are normally safe to function in a most generously free manner with the exception of the routine payments of rent for taking up space that exists inside the joint. Therefore, the existence of the language and codes vocalized is very complicated and only understood by those directly affected or impacted by the actions or words spoken. One might say that unless you belonged to the specific social group, it would be difficult to understand their exact meanings, Sharing common ideologies or messages, many words may be pronounced the same but have different meanings within the different groups on hand. Language also includes hand signals, body language, slang, jargon, dialects, nicknames and many other substitute words that shift meanings as expressions apply according to the type of culture that exists.

Without a doubt, all cultures have the existence of their own arts of expression as well as a defined way of science to refine their individual expressions or those of the group they represent. Prison art is no doubt one of the most expressive means to illustrate their own personal views of life and its meanings. What may be perceived to be graffiti or mere scribbling of words, figures, shapes or numbers, may in fact be effective messages to many who understand its origin and its purpose. If one understands graffiti, then you are ahead of the learning curve as it has many similarities in both content and significance in communicating with others. Graffiti is a visual product of the prison culture and part of their dialect, and messages stemming from roots of the society they belong to while incarcerated. Each type of various graffiti plays an integral part in the understanding of culture and as it will become clear, the communal purpose shared by the individuals who create any of these types of graffiti structures the unity and cohesiveness that is a necessary feature of any culture. The social science of how human behavior works inside of a prison is an important element of how society functions. This format that appears scientific in nature develops, adapts, and provides prisoners and staff with learned behaviors that allows the coping skills to peak when survival or knowledge is required of both the prey and the predators inside the place. Therefore, the evolution of biological, sociological and psychological skills is an important element of the culture as it exists. It is often said that science and creativity rules the prison world as it allows the development of constructions of makeshift items never invented in the free world and likely not to be patented as it wouldn’t meet many manufacturing safety specifications.

Different cultures have diverse social values and these values are transmitted through the constant creation of human expressions over time through the use of special words and physiological actions and reactions. These physiological and spiritual elements of the culture steers humans through levels of acceptance and rejections by the social groups’ religious guidance systems. Take into considerations that inside prisons, there are those who are practicing Christianity, Muslim, Jewish, as well as atheists and devil worshippers. This common point in their principles and standards formulate a shared pursuit within the community of prisoners and is often demonstrated in various programs or activities with sacred overtones. Obviously, there are other social values that must be taken into consideration in the art of survival. Such examples are mandatory physical fitness workouts or “mandated recreation” that illustrates the group’s dedication to physical fitness and stamina required to maintain a level of superiority over others as some are predators and others are prey.

Social acceptance of sex offenders, rapist, and crimes related to sexual molestation or abuse of children are not socially suitable in most general population settings. It is most common for these types of offenders to be housed in a segregated manner or in protective custody. Therein, their interaction as a group is very limited and as a result of this rejection or social stigma and intervention process, these prisoners are often collectively housed away from the other prisoners who do not fit the types of crimes already mentioned. Specifically, on these specialized yards, another type of culture developed that somehow exonerates them from their hideous crimes and allows them another type of social interaction required to establish another stabilized social network to exist or coexist within that particular element of the prison.

On the other hand, there are those prisoners who as mentally ill or verified learning disabilities that have experienced the reverse of those strong social stigmas while the community. Mentally ill prisoners are often more readily acceptable in the terms of social acceptance inside the prisons than is the free society. Although susceptible to extortion and manipulation, they often find a safe haven among others who are not mentally ill and are “schooled” rapidly to avoid sticking out from the others. Plainly speaking, they often pose no threat to others but over and over again, they do pose a threat to themselves. This adaptation can create enormous positive coping skills that hide their illnesses well and allows them to do time without the stigma of being ‘different” than the other prisoners. Unfortunately, these coping skills also allows them to elude the constant need for evaluations and assessments by trained mental health professionals hired on to treat them with required medication and programs to assist their way of living inside the prison population. Therefore, the issue of compliance of individual treatment and medication is often jeopardized due to social implications related to acceptance and the basic needs to possess those materialistic things inferred to be required to surviving as they copy the other prisoners in their behaviors. Additionally, mentally ill prisoners tend to barter their medication for store items and cigarettes as they are often indigent and not working.

The gang culture has been explained time after time and can be summarized as being predatory in nature. They claim territory which can translate into an entire yard of a prison, a pre-arranged section of that yard and in some cases, a minority thus functioning as a less influential body on the yard. There are times because of their lack of numbers on a particular yard; they pay rent to co-exist with other gangs. “They are usually self-supporting, have their own language and customs, and establish their own rules and codes of conduct. Their customs are passed to new members by rites of passage from generation to generation, thus ensuring the continuance of the gang. Gang members identify themselves as a people that are separate from the rest of society.” (Etter, 1999, p. 261) Inside prisons, they carry on the same traditions and principles as they do out on the street with a bold emphasis on violence and control of the drugs and other items of value or power.

The social aspect of prison cultures include all these elements and more as you gain insight on the world as it is presented to you whether in full color or black and white. It represents the give and take of societies within the prison walls that translate into cultures, sub cultures and many misunderstandings. Settling with learning the protocols of the dark side of their penitentiary world, their own systems of standards and conduct codes, and their collective definition of the customs within, allows better understandings, communication, negotiations and convention of all who are housed in prisons and those who chose to work inside of these prisons.

Prison Officers Attacked

The recent news out of Washington state prison should be a wake up call for the Arizona legislature. They need to get involved and ensure that staff is appropriately protected by state statutes to ensure the criminals are convicted and will serve additional time if they touch an officer. The Associated Press reported before the homicide of Correctional Officer Jayme Biendl last week, there were two other serious assaults that should have raised a red flag on the issue of planning appropriate staffing patterns for the way prisons are being run today.

Union officials in Arizona should be asking the same questions they are asking in Washington State and determine if the staffing patterns for Arizona prisons are adequate and not endangering employees beyond the reasonable boundaries of working inside a prison where the potential of being harmed or injured is already perilous. Union members have long complained about radios not working with dead spots and dead batteries. They have shared their concerns to the administration about how staff is being pulled away from those areas where the number of inmates outnumber the staff by a 200 to 1 ration. Supervisors tell officers to conduct security rounds inside dormitories or buildings holding two hundred or more inmates at a time with no other officer to observe them for their safety and backup. Furloughs, added posts at the hospitals, escorts and transports take away from other areas and are often left with no one directly supervising the inmates creating more problems along he way. Searches for contraband suffer and conditions of confinement are not met in a timely manner creating tension, animosity and friction between staff and the respective inmate populations.

Arizona has a much bigger system than Washington. Monroe Complex, where Officer Biendl was murdered holds approximately 2,500 inmates. On February 4, 2011, there are approximately 5,173 inmates housed in ASPC Eyman, 4,514 inmates housed at Florence, 3442 inmates at Perryville, 5088 inmates at Lewis complex, 5,559 inmates at Tucson, and 34,823 at the Yuma complex. Arizona prison systems have smaller complexes such as Winslow, Douglas, Phoenix and Safford that have inmate populations under 2,000 inmates. Regardless, these issues of officer safety appear to be disregarded whenever the prison system, which currently holds 40, 129 inmates, experiences a smooth run for a few years and then, the system hits critical mass as staff are assaulted with an increased frequency, sending a red flag up for possible changes in staffing patterns and strategies of moving high risk inmates around to break up gangs, disruptive groups and problematic inmates. A process that should be ongoing at all times to ensure staff safety.

Arizona correctional officers are exposed to many risks and often forgotten, and because of the injuries of many in the past two years, inmate movement, programming, searches, and security practices should be reviewed and adjusted to meet the desired safety parameters that reflect good correctional practices at a time when austerity measures prioritize everything else on the agenda. A report of any findings should be forwarded to the legislature for recommendation to change states statutes or encourage more state charges filed when officers are touched unlawfully and prosecuted to the fullest extend under the law regardless of the cost involved in pursuing such a case in court.


Source:

http://www.correctionsone.com/officer-safety/articles/3296853-2-other-women-attacked-earlier-at-Wash-prison/

The Truth about Solitaire, Isolation, Deprivation, (SID) Inmates

Prisons designed for maximum security are instant isolation units merely by their design. The fact that maximum custody is designated to hold the “Worst of the Worst” is most misleading if anyone who worked in such an environment will testify to under oath. Following the road to this endless road to nowhere, you must first understand the dynamics involved to create this horde of thousands of human beings that are confined inside these boxes designed for no human being to escape from. Excluding those on death row, and crimes that are hideous and forever unforgivable, there are many locked up for the sake of being locked up. For the matter of providing the ultimate safety to its citizens, such places as the special management units are designed, staffed and operated in such a manner, every tiny little element of the environment is controlled. Much more restricted than any other place inside a prison, one would tremble with pure fear is ever left alone inside one of these boxes of concrete and steel designed to drive someone crazy through the use of the SID methods readily available to anyone who chooses to use them.

None of the pods are soundproof thus every whimper, every cry and every shout can be heard by all those that live inside. Every sound triggers a response from someone down the tier and whether friend or foe, the result is a mixture of shouts and chants that compete to be heard by its intended receiver. The officers, charged with the duty to maintain order, ignore these chants as they conduct their walks and exit the pods as quickly as they entered thus unable to distinguish a cry for help from a cry of disgust. None, even the best of the best, choose to remain inside one of these boxes any longer than they have to because of the steady pandemonium that exists within cell to cell and inmate to inmate.

The heat in the summer is unbearable as the swamp coolers are insufficient for such a design that collects heat like a sauna does in design. The lack of direct sunlight creates a shadow on every wall and with no hope to see the sun unless fortunate enough to be allowed to exit the cell for the designated recreation time outside the cell but to another concrete box. Many have electricity but often, if the inmate is problematic in sorts, the breaker is turned off for a designated amount of time undocumented anywhere. The water is controlled and can be turned off anytime staff chose to do so as well as adjusting the timers on the showers to shorten their use of water. The grey walls are scratched with graffiti and the front of the cell where the food port is situated is filthy with residue of spoiled food or in some cases, fecal material smeared by someone to get the attention needed to have someone talk to them. The staff, all wearing protective gloves and in some cases, shields to protect them from foreign objects hurled at them from both the top and the bottom of the tiers work hard just to keep up with the most elementary chores to keep it going. Day in and day out, working short handed and against time to complete their required duties, the attitude that prevails is “us versus them” as many inmates choose to duel or engage in combat with the officers just to prove to others he is not a “bitch” to someone.

The presence of SID is abundant and it impacts the quality of life for the inmates to the extent of creating a deep abyss of hopelessness and an alien form of prison reality. Filthy, brutal, ignored and often perceived to be a form of “torture” for many, these inmates are kept away from the eyes of the public and anyone requesting to visit these dungeons. Whenever a legislator, the attorney general, a lawyer or foreign consulate comes to visit the place sufficient warning is given to “clean the place up” and design the approved route for the tour or visit.

Never seen in its real condition, not even by the agency director, it is repugnant that such a place exists in the first place. Toilets that are back up are left that way for weeks forcing some to crap on the floor. Lights stay on day and night and are eventually covered with paper to give them darkness to sleep in. Difficulties in sleeping at night as the screaming never ends, many choose to sleep during the day. The problem with covering up the lights during the night is it makes it impossible for the officer to see inside the cell without a flashlight and when maximum custody inmates are double bunked, there are dangers that an assault might have taken place but the officer’s view is obstructed by the darkness and the willingness to have the inmate remove the cover is reluctantly and rarely done as it interrupts their hasty exit out of the box.

Mentally ill inmates are especially susceptible to the SID treatment. In fact, it is fair to say that because of their individual disorders, many suffer needlessly from sanctions imposed by those who may be unaware of their disabilities or dysfunctional capacities. This is the main reason mentally ill inmates should not be housed with behavioral problematic inmates. This influences administrative decisions when it should rather be a mental health decision to make with those parameters that are clinically sound and treatment effective. These inmates, often responding without malice, are given disciplinary for such conduct as covering their lights as they copy what others do or say while not understanding what they did wrong to get the punishment.

Many support staff, contract, medical and maintenance personnel refuse to enter cell areas because of the potential dangers in dealing with the mentally ill. This is largely due to misunderstandings of managing a mentally ill inmate and lack of training of such behaviors. As a result, the response time to a work order or a medical need is sufficiently delayed. Sometimes it is due to fear but other times it is impose a behavioral modification that if you are going to bother them, they will come and see you on their time and not theirs. The same applies to delayed letter deliveries, torn books, food thrown on the floor as a message that the inmate “needs to clean up his act” and other SID methods of satisfying the boundaries of control and who is actually in control of the box. There are cases where those inmates who have thrown their food tray back at the officer were provided sack meals for years to avoid the clean up of such waste on the cement floors. Never getting a hot meal or balanced diet, they live like that forever until someone questions why this inmate is not getting a regular meal.

Often called administrative segregation or lockup by many, the road to such a place is well designed and intentionally vague. Any inmate, whether serving life or serving two years of time can be directed to follow the course to solitary confinement through careful design of a set of management tools that can effectively erase someone’s existence off the face of this earth for years. This toolbox of lockup tools consists of instruments that have for decades facilitated the route to lockup in a most legitimate manner but with the wrong spirit or design for use of such places. Let us examine these tools up close and decide whether or not they are legitimately or appropriately used to serve the purpose of administrative segregation for those who need such management controls.

Designated SID inmates are the focus of management efforts to remove them from the open yards or general population and cast them out of sight and out of mind. Tools designed to accommodate such a purpose are: 1. misconduct reports 2. Alleged threats to security or security staff 3. Alleged threat of harming themselves 4. Suicide ideations or expression of such 5. Attempted suicide 5. Assaultive behaviors 6. Gang activity or validation 7. Possession of weapons 8. Predatory conduct or behaviors. Paying attention to these tools in the hands of a sound and ethical practicing corrections administrator creates no harm in the process. However, this would be the exception to the rule as each and every one of these tools provided, allows an administrator to remove an inmate to the most restrictive custody level without absolute proof of such conduct or behavior as it may only be inferred, speculated, documented as a possibility or with thin evidence that these tools can and do provide the catalyst to clear the administrator of any legal burdens for moving a inmate to a higher custody level without just cause.

Sometimes, when a high ranking administrator wants to issue retribution or retaliation to a SID designated inmate for doing something negative on their “domain” they will enter a comment into the computerized management system that will override any custody score or any other trigger than would have allowed that person to be reduced when eligible to do so upon review. Thus an abuse of such a administrative ‘flag” could result in an extended stay in the higher custody level until such time the inmate is considered “taught a lesson” and reviewed for consideration to be lowered. Herein lays the biggest problem as mentally ill inmates are included in these behavioral difficult inmates as no distinction is being made at the time of placement. Nobody speaks up and nobody challenges the move and when the inmate grieves the process, the system has already been updated to show just cause for the placement. The tricks of the trade allows that to be done since anyone can enter into the computerized management file and insert whatever critical comment needs to be made to justify the need. This is regardless whether disciplinary was upheld or not. It has no bearing.

Once the inmate is housed inside a maximum custody unit he or she is subject to a review and medical / mental health assessment. These screens are pencil whipped by many [not all] and reveal only two things for sure. Cooperative or uncooperative attitudes towards those who interviewed them which rarely results in any productive dialogue. There is no value in these screening processes as the inmate rarely talks about anything in fear of being targeted for more retribution or retaliation by staff through the administration. The routine inside is both mundane and often out of compliance with mandated living conditions.

The frequency and the amount of time allotted for each inmate to have recreation and showers are often curtailed or in many cases skipped due to lack of staffing to facilitate such a task. This builds animosity between staff and inmates and often results in frequent force being used during those periods where the inmate is escorted out of his or her cell to go to the recreation pen.

Visitation is only as good as the inmate’s ability to recognize what day of the week it is and the ability to schedule such an activity with the case manager or visitation officer. Mentally ill inmates do not participate as they are either drugged through chemical restraints or unaware of their visitation privileges or they show no interest in seeing family as solitary confinement breeds hopelessness and depression. Calls are good for those functional but not a means to talk to family by the mentally ill. Competing with behavioral inmates for the telephone means somebody has to lose his or her turn and therefore gives up the opportunity to call home. Personal property is limited especially if designed a suicide problem or behavioral troublemaker. Kick starters are those who ramp up others into creating chaos inside the concrete boxes and as a result, the entire day is spent on lockdown status with no showers and recreation.

Mentally ill inmates are often intimidated, manipulated or otherwise convinced to hand over their personal property e.g. television, walkman, or anything else that can serve someone else in an entertainment mode or item for barter with others as officers rarely search the cells for contraband and items switched, traded or stolen. One can only imagine that mentally ill inmates are often stripped of anything worth value by those who do it because they can. A review of suicides, self mutilations and other bizarre conduct within these isolated grey walls are horrendously revealing of a bigger problem. Being forced to live in isolation for years at a time creates intense feelings that can break a person’s will to live or maintain a level of remaining rational under so much distress. It is not unusual for behavioral inmates to cut themselves just to get the attention from staff so they can socialize for just a few minutes with the nurse or staff member. Unfortunately, for the mentally ill, this could result in death as they have no idea where the boundaries are when they self harm themselves and may incur a more severe or serious wound that could be fatal due to emotional and mental deterioration inside this box.

SID can be used by staff, employees or even other inmates. This method of controlling behaviors inside a maximum custody unit have been effective for years and is often not questioned and rather, approved through tacit approval of those who choose to look the other way or not make changes in the routine of the unit affected. SID is destructive and responsible for homicides, suicides, serious assaults on both staff and inmates and is rarely identified as the cause or catalyst for such disruptive conduct. The inmate has to tow the line and accept responsibility for all he or she does without any reprieve or relief through grievances that are totally ignored or processed unless the right person gets a hold of such a document. Staff is rarely punished for excessive force or unprofessional conduct unless such conduct was viewed on a surveillance camera, a taped recording of the incident or word of mouth by other participants who are willing to speak out loud and tell the truth. Such conduct is considered to be a blatant violation of the code of silence and offers repercussions that could result in future disciplinary by designation (ironically the same method used to elevate the inmate’s existence into max custody through paperwork) , banished or removed from the work setting, passed over for promotions. It can be accurately said that for both staff and inmate, only the strong survive.

The early warning signs for SID inmates are normally well structured and very transparent if someone is looking for them. The reason they are so transparent is because nobody has ever bothered to conduct an audit of these placements in maximum custody thus giving the administration free will and room to maneuver. If assigned to a human rights fact finding team it would be most expeditious for any member to pull out their records on all maximum custody inmates and glean their housing record, their mental health, medical scores, their disciplinary for frequency, severity and locations and most of all their use of force records, activity pod sheets showing participation in those mandated living conditions considered constitutional issues and comments by staff.

The disciplinary report, frequent and stacked by offenses indicates the severity of consideration provided. The signature of a lieutenant and above indicates ownership in the problem and the review by the deputy warden or designees shows the will to get rid of this SID inmate. Then when the inmate gets to the destination you must see if the person picks up more reports and gleans whether they were written by one person all the time or multiple persons including medical staff and administrative staff. This is important as it may indicate a targeted effort to keep this inmate at this most restrictive level. Statements supporting bizarre or unusual behavior can often support the placement into a temporary security watch or suicide watch depending on the space availability inside the max custody unit. Follow up indicators should reveal the existence of a long term threat as the short term threat has now been assessed as needing more time in max custody. Max custody overrides are common tools to keep a SID inmate in max custody. Scoring lower levels but being overridden to remain in isolation and in a high secure setting is a powerful tool to break the spirit. One should read their classification forms and see what rationale was given to keep them in max custody. The filing of grievances is a poor indicator of staff abuse or harassment as it is taught in “max custody 101” to file a grievance whenever you arrive. The key to such instruments are the topics of concerns e.g. medical care, food, property and staff harassment and then follow the trail to names, frequency and history of prior institutional placements to see if the problem was pre-existing.

The most obvious means for family to be concerned with is the sudden interruption of regular phone calls or letter since both are controlled by the staff or administrations. Any inquiries by family members may prompt further SID treatment and create additional stress between the administration and the inmate. This elevation to a “high profile” inmate is not a popular event inside the box as it draws more heat on the living area with more cops being present to interrupt the inmate’s games and schemes. This SID inmate will soon have to be moved due to threats made on his safety by other inmates. Attempted suicides when there is no history of previous suicides is a cry for a “come look at me please’ for I have problems. It could also be an indicator they have reached the end of their ability to manage their behaviors where they are assigned and asking for a “room change” not otherwise considered. Excessive uses of forces are indicators of agitation and confrontation by staff who like to abuse their authority on others. SID inmates are often exposed to such an individual and are regularly abused by being played one against the other being blamed for things that happen inside the box when in fact, the officer created the problem.

Thankfully, there are only a few staff members that engage in such abusive practices of “kick starting” a SID inmate but as others may look the other way, the abuse continues. This blind eye is driving those who are mentally ill beyond the parameters of coping with their lives. It is with deep regret that I feel so compelled to write such a document when in fact, there are many great and dedicated staff that work inside these units who perform with diligence and energy unmatched by many who chose to be a correctional officer or administrator.

The truth, revealed only shows our weaknesses in management prisons designed for solitary confinement, isolation from the world and other human beings and deprivation of those basic rights to live under the most reasonable correctional practices allowed by law and policies. Human rights are valuable possessions no matter where they are located and should be respected as the rules are clear and compliance is an expectation. Unless the culture inside these prisons change, there will always be abused inmates and abusive staff. The rules are vague and it’s easier “to do as I say rather than what is written.” The oversight is nonexistent and the care or interest in such a place is apathetic and lackadaisical to say the

Subject: Arizona’s incarcerates its citizens at one of the highest rates in the country.

Support Representative Cecil Ash's bills -

• HCR2025 A bill to grant authority to the Board of Executive Clemency to authorize pardons and clemencies. This would remove the final decision-making process from the political arena where political considerations may compete with the just merits of the case.
• HB2374 A bill to give discretion back to judges who have actually heard the facts of a case, and can impose a sentence which is proportionate to the seriousness of the offense, rather than arbitrary sentence terms imposed by the legislature.
• HB2648 A bill to allow inmates the incentive to earn early release credits for good behavior, for participation in education and treatment programs - all of which are a good indication of how they will perform when released. Currently, inmates must serve 85% of the imposed sentence. This bill would allow eligible individuals to serve 66% of their imposed sentence with the remaining 34% served under community supervision. Evidence from other states shows that this practice has a very high potential for a successful reentry.
• HB2664 A bill to establish a sentencing commission which can review the performance outcomes of various programs, study the statistical successes of local and national incarceration alternatives, and make non-binding recommendations to the legislature on how to get the best reentry outcomes for taxpayer dollars invested in the corrections system.
• HB2380 A bill to release elderly and infirm inmates to consenting family members on medical end-of-life issues that render the inmates incapable of aggression. This reduces the medical expense to the Department of Corrections, and allows the family to attend the final days/months of the inmate’s life.
• HB2378 A bill to equalize the playing field for those who were convicted before the statutes changed in 1973. This would allow anyone convicted of murder before 1973 to apply for parole on the same eligibility basis as those who have been convicted of murder since then. This would apply to only 28 inmates, all of whom have served 35 years or more; but it does level the playing field for parole eligibility and would reduce the future medical expenses of the state.

Monday Morning Blues – Prison Break

“A helicopter plucked three inmates from a state prison yard amid of gunfire today. About 100 prisoners were in the exercise yard at the Penitentiary of New Mexico near Santa Fe when the escape helicopter, an Aerospatiale Gazelle, landed about 9:50 A.M. and picked up three inmates. Guards in two towers opened fire as the copter took off.”

Getting up that Monday morning July 11, 1988, was like any other morning in a workweek that changes weekends when you are a correctional officer. Taking the day off and having an 11 o’clock lunch appointment to meet with my best friend Rosales in Albuquerque, I was headed down the interstate heading north to the Duke city. Right about the time I got to the Rio Grande exit, I saw a small helicopter to my left flying at low altitude and high speed. Seconds later, another helicopter, a bigger one was what appeared to be chasing the little helicopter at telephone pole altitude. Thinking nothing of it since the international airport was just located to the right of the freeway and there was always traffic in the sky, I continued on my way to have lunch with my friend. As I was about to pull up to his apartment, my pager went off and coded me to call the facility. Just about that time, Rosales exited his apartment and told me his pager went off as well. Both of us being members of the prison’s emergency response team, we carried pagers twenty four seven for recalls.

Calling the master control at the Central New Mexico Correctional Facility where the two of us were assigned, the line was busy. Eventually, after redialing the number a few times, the master control officer stated that Santa Fe had an escape out of the recreation yard by a helicopter heading south to Los Lunas. In an instant, my mind flashed back to the scene what must have been a good ten minutes by now and realized I had witnessed the escape by air from the car as I was heading into the city. Immediately, Rosales and I jumped into the car with the air conditioner broken as the sweltering heat baked us in the hot July sun. We headed south to Los Lunas at a very high speed hoping we would not be stopped by any cops patrolling the highway because of the escape. In about a record 25 minutes or so, we both checked in with the shift supervisor and were told to report to the Mid-Valley airpark for staging. We asked for our issued weapons and were told they were already delivered to the airport and will be handed out at the staging area where the deputy warden and the major would make team assignments.

The airport, about 5 minutes across the road from the state prison, was already packed with patrol cars and lawmen. Many were still arriving and being briefed by their team leaders. Searching for our response team command center, we found it next to an empty white steel hanger to keep us out of the heat.



The major and deputy warden were busy making assignments as another officer was marking the grease board with their names and team leaders. As we reported in we were told we would be assigned as escorts for the Santa Fe Penitentiary K9 team headed up by a major and two handlers. Told they were still about 30 minutes away from the airport, we were told to stand down and rest for the tracking hounds would drag us through the river Bosque and the thick brushers relentlessly following the tracks and scent of the fugitives. Strangely when we asked for our weapons, we were told there were none left and that’s when the deputy warden said to me “Carl, you have guns at home, go get them and bring them here quickly.” Without hesitation, I headed down the road to the house approximately 15 minutes away. Rushing home and out of breath, I ran into the bedroom and opened the gun cabinet where I retrieved my 9 mm semi auto, my 12 Mossberg shotgun and my .44 special Smith & Wesson. I figured this was enough for us plus one. The heat had taken a toll and I needed some water to refresh before heading back. The adrenalin rush was keeping the heart pumping so energy was not a problem. Arriving back at the command center, I issued out the shotgun to Rosales and kept the 9 mm for myself. I gave my .44 to another officer waiting to be assigned to a team and as we checked our gear, the K9 showed up to be briefed at the command center.

The briefing went like this as reported “the helicopter had left the Santa Fe prison as an unknown person identified as a heavy set woman had pointed a gun on the pilot and ordered him to fly to the Santa Fe State Pen. The helicopter then headed for the prison recreation yard where the unknown person told the pilot she was trying to assist some inmates’ escape that he needed to set his helicopter down in the prison yard. The pilot, following the woman’s orders, landed the helicopter in the prison yard, where three inmates climbed on board.” The incident command stated we were looking for three inmates and handed out fliers of them. We were all told they are armed and dangerous. Further more, it appeared that one of the inmates had returned to the helicopter and forced the pilot to fly and head back north towards Albuquerque. Thus we are looking for two inmates and one heavy set woman.

The K9 team had some clothing they had retrieved from the prison and let the dogs sniff and go to work. The pace was hectic as the brush was thick and the heat was miserable. Mosquitoes by the millions, we ran up and down, in circles, and back again covering the trails over and over with no luck so far as tracking goes. Losing the scent quiet often we ended up doing spot checks as we went up and down the riverbanks of the Rio Grande River that was partially dried up but still had a few feet of water along the shores to make it soggy. I remember it was late in the afternoon that we had confirmed that two of the three inmates had been captured. Inmate Mitchell was captured in Albuquerque when the helicopter set down on the tarmac of the international airport after being chased and forced down by two helicopters, one by the Customs Blackhawk and the other being a state police helicopter. The other inmate, Mackey, doing a 9 year number was caught when he ran and heisted a pick up truck as he was being chased by the deputies. He was captured quickly as he spun out of control and suffered slight gunshot wounds due to gunfire by the pursuing deputies. The woman, identified as a 250 pound suspect named Shoemaker, was also in custody.

Our radios were acting up and it was hard to hear everything on the radios but we knew we had one more to look for as we attempted to flush him out of the wooded riverbanks. Lawrence Romero, the Valencia County sheriff was worried about it getting dark and the inmate getting into some of the houses near the river, said to intensify the search. We took one house at a time and searched their lofts, their barns, their storage sheds and anywhere else the inmate could hide. Jumping over barbed wire fences and dodging the heavy mosquitoes, we were sweating up a storm trying to find this guy.

Approaching one of the mobile home trailers with darkness hiding our faces and not wearing uniforms, we had a homeowner pull a shotgun on us by fright we might be the escapee. After some convincing we were the law, he lowered his shotgun and motioned us to proceed. Chattering as we went, we made enough noise to flush out the birds or anything else out there. We lost some time during the search when the K9 major lost his .357 and we tried to find it in the muddy waters giving up after a short while since we had to fight the darkness and find inmate Mahoney, the lone escapee remaining.

The search became more organized as more responders arrived. We were now methodically sweeping both sides of the river and with this sweep we managed to flush the inmate out about a ½ a mile ahead of us with him running into the arms of the deputies waiting for him near the bridge. At the debriefing we were told we all did a fantastic job and thanks went around with some loud cheers of “hoorah”.

The case regarding the helicopter pilot took a bizarre twist as “Bella said he had no choice but to do as he was told.”I examined every way out and I didn't have a way out -- not a way out alive," he said at the time. Two of the prisoners said Bella was no dupe. They claimed he was in on the escape. The woman, though, said Bella was an innocent victim. Bella passed three lie-detector tests. No matter, the state of New Mexico put him on trial in 1989 in Santa Fe. Bailey, himself a helicopter pilot, represented Bella. Bailey told jurors the case was one of an embarrassed state government and unfair prosecutors harassing an innocent pilot. Bella and his helicopter had appeared in "Rambo III." He would not have risked his life for thugs he did not even know, Bailey said. The jury acquitted Bella after a 10-day trial. Bailey left town even before the verdict was announced. He said there was no doubt about the outcome.” (El Paso Times)

Sources:

http://ftp.resource.org/courts.gov/c/F3/24/24.F3d.1251.93-2092.html
http://elpasotimes.typepad.com/newmexico/2011/01/f-lee-bailey-won-a-big-one-in-nm-prison-break-case.html
http://articles.latimes.com/1988-07-12/news/mn-5714_1_helicopter-service

Washington State Correctional Officer Murdered

The recent news out of Washington state prison should be a wake up call for the Arizona legislature. They need to get involved and ensure that staff is appropriately protected by state statutes to ensure the criminals are convicted and will serve additional time if they touch an officer. The Associated Press reported before the homicide of Correctional Officer Jayme Biendl last week, there were two other serious assaults that should have raised a red flag on the issue of planning appropriate staffing patterns for the way prisons are being run today.

Union officials in Arizona should be asking the same questions they are asking in Washington State and determine if the staffing patterns for Arizona prisons are adequate and not endangering employees beyond the reasonable boundaries of working inside a prison where the potential of being harmed or injured is already perilous. Union members have long complained about radios not working with dead spots and dead batteries. They have shared their concerns to the administration about how staff is being pulled away from those areas where the number of inmates outnumber the staff by a 200 to 1 ration. Supervisors tell officers to conduct security rounds inside dormitories or buildings holding two hundred or more inmates at a time with no other officer to observe them for their safety and backup. Furloughs, added posts at the hospitals, escorts and transports take away from other areas and are often left with no one directly supervising the inmates creating more problems along he way. Searches for contraband suffer and conditions of confinement are not met in a timely manner creating tension, animosity and friction between staff and the respective inmate populations.

Arizona has a much bigger system than Washington. Monroe Complex, where Officer Biendl was murdered holds approximately 2,500 inmates. On February 4, 2011, there are approximately 5,173 inmates housed in ASPC Eyman, 4,514 inmates housed at Florence, 3442 inmates at Perryville, 5088 inmates at Lewis complex, 5,559 inmates at Tucson, and 34,823 at the Yuma complex. Arizona prison systems have smaller complexes such as Winslow, Douglas, Phoenix and Safford that have inmate populations under 2,000 inmates. Regardless, these issues of officer safety appear to be disregarded whenever the prison system, which currently holds 40, 129 inmates, experiences a smooth run for a few years and then, the system hits critical mass as staff are assaulted with an increased frequency, sending a red flag up for possible changes in staffing patterns and strategies of moving high risk inmates around to break up gangs, disruptive groups and problematic inmates. A process that should be ongoing at all times to ensure staff safety.

Arizona correctional officers are exposed to many risks and often forgotten, and because of the injuries of many in the past two years, inmate movement, programming, searches, and security practices should be reviewed and adjusted to meet the desired safety parameters that reflect good correctional practices at a time when austerity measures prioritize everything else on the agenda. A report of any findings should be forwarded to the legislature for recommendation to change states statutes or encourage more state charges filed when officers are touched unlawfully and prosecuted to the fullest extend under the law regardless of the cost involved in pursuing such a case in court.

FCC allows prisoner's use of cellphones

Regardless of the many incidents reported by various state prison administrators, the use of cell phones inside prisons continues because of a political snafu that has yet to be resolved. The Federal Communication Commission, denied requests from the Washington DC prison system to run a demonstration citing it is a direct violation of their rules which state in part, “willful or malicious interference” with the cell phone signal. The Commission's regulations also prohibit the manufacture or importation or sale of devices "deliberately designed to jam or disrupt wireless communications.”

The first petition to offer a counterattack on the use of cell phones inside prisons by prisoners stated “"contraband cell phones are a major security risk within correctional settings," and that "prison and jail systems across the country are confiscating these devices at an alarming rate." Plus, cell phones are used by inmates "to engage in highly pernicious behavior such as the intimidation of witnesses, coordination of escapes, and the conducting of criminal enterprises.” These arguments won the FCC over, at least then. The story printed goes on to state the “Commission gave the DC prison administration temporary authority to try out directional jamming equipment produced by the CellAntenna Corporation on January 8 2010, but the District of Columbia canceled the test run at the very last minute. A day before the trial run, CTIA, The Wireless Association, petitioned the United States Court of Appeals of the District of Columbia Circuit, asking for a stay of the FCC's go ahead. CTIA called the test "flatly illegal" and the FCC approval made "with no exigent public safety need."

That was two years ago when this petition was submitted to address illegal cell phone use inside prisons. Since that time, there has been no headway into the introduction of the Safe Prisons Communications Act of 2009, set up to permit state governors or the director of the federal prisons to jam mobile phones inside their prisons. The emphasis appears to be the “practice and established procedures for shutting it [cell phone service] down if a wireless company complains and can prove the jamming has reached beyond the gates of a prison or jail.” Rep. Kevin Brady (R-TX) introduced the legislation on January 15. 24 Republicans and two Democrats have cosponsored the bill, which has been referred to the House Energy and Commerce and House Judiciary Committees. The opposition to this bill are federal officials who“ don't want to go so far in trying to jam those communications that they create problems for nearby public safety workers or average citizens, according to a new government report. “ A possible solution: more limited technologies that would let prison officials block calls only from unapproved devices, the report said.

Today, every state prison administrator must admit they have failed miserably in stopping the introduction of unauthorized cellphones and are desperately seeking electronic assistance to jam the signals and block such activities behind bars. The training of canines to detect the lithium batteries used on these cell phones are expensive to train and cost agencies thousands of dollars. The most common drawback of these canines is their unavailability for all the prisons or jails within their jurisdiction or supervision. Although officials say inmates use smuggled cell phones for all manner of criminal activity, including running drug rings from behind bars, intimidating witnesses and planning escapes, it has not been appropriately addressed to date. The increase of cell phones in “California prisons alone has been exponential in recent years, authorities say. Correctional staff found 1,400 in 2007, when the department began to keep records of confiscations. The number jumped to 6,995 in 2009 and stands at 8,675 so far this year.” One can only imagine that if you multiply this increase proportionally for every prison or jail system nationwide, what kind of numbers one would find inside these prisons and jails.

Today, this year in 2011, the Congress must address that portion of the FCC regulations that state “specifically 47 U.S.C. 333: No person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized by or under this chapter or operated by the United States Government.” It is time to protect the citizens of those states that want to jam the illegal use of cellphones by prisoners inside prisons and jails who have rampant control of their so called restricted environment by making a call to anyone twenty four seven.