Those of us with a loved one in prison know the true financial cost of incarceration, John Oliver explains it here in his own eloquent style.
As violence continues to plague the state’s prisons, new data from the Alabama Department of Corrections shows that the department is rapidly erasing much-needed reductions in the prison population. The prison population declined 3.6 percent last year, but that progress has been almost completely reversed in the first half of this fiscal year as the population rose 3.3 percent (an increase of 890 people) between last October and this April.
Admissions to ADOC custody for the current fiscal year are 9.5 percent higher (8332 people) than the same time last year (7607). And while admissions are climbing, releases have plummeted to 11.4 percent fewer so far this year (7704) than the same time last year (8698).
This dramatic rise in Alabama’s prison population coincides with changes in parole policy last fall. Since October, 37.2 percent fewer people have been paroled (1482 people) than were paroled by the same time last year (2360).
The rise in admissions and increasing limits on parole mean Alabama will experience a growth in the prison population that will add new challenges to the existing crisis in conditions in the state’s prisons. The data also undermines prison officials’ assertions that sentencing reforms are lowering the incarcerated population and easing overcrowding in the state’s prisons.
Alabama’s extraordinary prison homicide rate has already reached new crisis levels this year, with eight homicides in the first six months of 2019. Alabama had 10 homicides in 2018; 11 in 2017; 3 in 2016; and 8 in 2015.
The unprecedented level of violence, including sexual and lethal violence, that has plagued the state’s prisons for the last five years was the subject of a scathing findings letter issued by the Department of Justice this spring, and it has only gotten worse.
Since the Justice Department report was released on April 2, two incarcerated people have been killed in medium-security facilities. Joseph Holloway was serving a 40-year sentence for robbery when he was stabbed to death on June 5, 2019, at Staton Correctional Facility in Elmore, Alabama. Jeremy Bailey was serving a 7-year sentence for a drug conviction when he was stabbed to death 10 days later at Fountain Correctional Facility in Atmore.
Violence at St. Clair Correctional Facility in Springville has also continued unchecked. During Memorial Day weekend, unconfiscated weapons and drugs, combined with staff failure to regulate prisoner movement, resulted in the stabbing of four men by a single armed and intoxicated incarcerated man. One of the victims was classified as minimum-out custody, had been in prison less than three months, and had repeatedly sought protection, notifying officials in the days before he was attacked that he was at risk in the housing unit and feared for his life.
On Monday, law enforcement agents from the Investigations and Intelligence Division of the Alabama Department of Corrections (ADOC) arrested a correctional sergeant at Staton Correctional Facility in Elmore.
Lashay Stinson, a 35-year-old officer from Montgomery, was arrested and charged with unlawful possession of marijuana at approximately 10 p.m. after a K9 unit detected and found a small cellophane bag containing a controlled substance in her possession during a vehicle inspection.
“The Alabama Department of Corrections is committed to eradicating corruption and decreasing the presence of contraband in each of its facilities,” said Arnaldo Mercado, director of the Department’s Investigations and Intelligence Division. “Our Division is fully dedicated to leading the Department’s efforts to ensure our correctional facilities provide a safe, rehabilitative environment.”
Stinson did not immediately resign, but administrative disciplinary actions are being finalized. ADOC has a zero-tolerance policy concerning contraband and continues to evaluate effective tactics to mitigate and eliminate its presence in facilities, including routine searches of facilities, inmates and ADOC staff.
The public should submit all information that may lead to the arrest of anyone attempting to introduce illegal contraband into state prisons to the ADOC Investigations and Intelligence Division by calling 1-855-WE R ADOC (937-2362) and to law enforcement by visiting the ADOC website athttp://www.doc.alabama.gov/investigationrequest
originally posted here
A federal judge has determined that the risk of suicide among state prisoners in Alabama “is so severe and imminent” that he ordered the state’s Department of Corrections to immediately implement permanent mental health remedies to address “severe and systematic inadequacies.”
The decision by Judge Myron Thompson on Saturday, comes after 15 prisoners killed themselves in the span of 15 months.
In a 210-page ruling that includes summaries of the circumstances leading to each of the inmate suicides, Thompson agreed with prisoners’ attorneys that the spike had reached crisis levels, a result of what he previously said are “horrendously inadequate” mental health services provided to inmates.
In addition to ordering the Alabama Department of Corrections to comply with a host of court ordered measures he issued in a 2017 ruling, Thompson also required the state to establish an internal monitoring system and said the court will appoint an interim external monitor to oversee the department’s progress.
“The more someone fails to do something he agreed to do, the bigger the need to supervise whether he does it in the future,” Thompson wrote, adding that existing monitoring efforts “have been too little, too late.”
Five of the 15 suicides occurred between January and March this year. In one instance a prisoner with “severe mental illnesses, as well as intellectual and physical disabilities” killed himself 10 days after testifying in court that he had not received adequate treatment, according to the documents. In another, a man hanged himself roughly 12 hours after being transferred from mental health observation to a segregated cell, rather than being placed on suicide watch.
Although ADOC acknowledged in the court documents that persistent and severe correctional understaffing has significantly contributed to its noncompliance, attorneys had argued that prison officials were working on a plan to reduce the rash of suicides.
“The defendants argue that they cannot prevent all suicides in ADOC. It is true that, as in the free world, not all suicides can be prevented. But this reality in no way excuses ADOC’s substantial and pervasive suicide-prevention inadequacies. Unless and until ADOC lives up to its Eighth Amendment obligations, avoidable tragedies will continue,” Thompson wrote.
Lawyers from the Southern Poverty Law Center and the Alabama Disabilities Advocacy Program, which represent prisoners in the ongoing case, welcomed the increased oversight.
“The court’s opinion recognizes the urgency of the situation facing ADOC. The system remains grossly understaffed and people are dying as a result,” Maria Morris, senior supervising attorney at the SPLC told Mary Scott Hodgin, reporter for NPR member station WBHM.
“The time has long since come for ADOC to comply with its constitutional obligations, Morris added in a written statement.
Last month, the U.S. Department of Justice determined the state “routinely violates the constitutional rights of prisoners by failing to protect them from prisoner-on-prisoner violence and sexual abuse,” NPR’s Debbie Elliott reported.
The immediate steps ordered by Thompson were intended to address specific failures by the ADOC. They include adequately-trained personnel for suicide risk assessments; placing people who are suicidal or potentially suicidal on suicide watch; following up with inmates released from suicide watch; and limiting segregated confinement for prisoners released from suicide watch.
Additionally, ADOC must enforce existing policies, including 30-minute check-ins on people in segregation, where most of the suicides occurred, and requiring that staff take immediate life-saving measures when they find an inmate attempting suicide, including immediately cutting down inmates who have hanged themselves.
originally published here
The report underscored the conditions depicted in more than 2,000 photographs, sent to The New York Times, of violent incidents and contraband inside St. Clair prison northeast of Birmingham.
Not only are the prisons bad, the Department of Justice report said, but Alabama has known for years that they are bad, and has made only marginal attempts to improve them. It is not that the prisoners are particularly violent, but that the prisons are understaffed and overcrowded, with some holding two or three times the number of people they were designed for. They are also, the report said, lousy with corruption and rife with drugs, cellphones and large, sharp knives, which many prisoners consider necessary for self-protection. In 2017, inspectors found that not a single building had a working fire alarm.
In a matter of days, the Alabama Department of Corrections, now under threat of a federal lawsuit, plans to unveil a new strategic plan. Since the report was issued, three correction officers have been attacked and at least one prisoner has been stabbed.
We asked three men sentenced to life without parole — two for murder and one for robbery — and one serving a 28-year sentence for murder to tell us what it was like inside. Together they have served more than 100 years. They asked to remain anonymous for fear of retribution. In their letters, which were handwritten because in Alabama, prisoners do not have access to email, they focused on the root causes of the mayhem and expressed skepticism that the department could restore a culture of integrity on its own.
Here are excerpts, condensed for length and clarity:
“A Fatal Combination of Indifference and Incompetence”
St. Clair Correctional Facility
While it’s easy to understand and champion the Alabama Department of Corrections’ mandate to protect the public from us, it seems people have a harder time accepting that they have an equally important mandate to protect us from each other. And when they habitually fail to do so because of a fatal combination of indifference and incompetence, that becomes criminal.
No one feels safe here. Not the inmates, nor the officers. No one feels safe here when supervisors up to the warden level stand behind the fence of the barricaded, secure area and tell inmates who have fled there looking for protection that they need to go get a knife. No one feels safe here when there are hundreds of inmates roaming around and not an officer in sight. No one can or will answer the uncomfortable questions of why all the veteran officers quit or why the new ones don’t stay.
There are many assumptions you could make about who is the least safe here. Young white men are at extreme risk for sexual assault, and white men of all ages are targets to be assaulted and robbed or to have their property stolen. But when it comes to who is least safe, the facts speak for themselves. Time and time again, young black men are the victims of the most violent assaults. Young black men are the most likely to die. The prevailing attitude seems to be that, as they say in the South, when young black men kill young black men it’s just the trash taking out the trash.
“This is Alabama”
Donaldson Correctional Facility
I’ve never seen so many guys on drugs — I mean cheap drugs that have them falling out and throwing up everywhere, stealing everything they can get their hands on and selling everything they own, and in too many cases it’s their body. Officers allow other inmates to deal with those that wig out because it happens far too often.
This has always been the case in prison, it’s only now that people are beginning to pay attention. We didn’t just start dying and getting hurt in prison, there were far, far more rapes 20, 30 and 40 years ago, and the prison administration was well aware of it and society didn’t care. Prison graveyards are filled with bodies buried on top of bodies of men that have been murdered or died of old age or lack of proper medical care since the late 1800s. This is Alabama.
Too often you would have to stab, beat down or kill someone to get the point across that you’re not to be [expletive] with, sometimes more than once.
The reason I’ve avoided getting stabbed or raped was God, because I wasn’t a killer, not all that smart, and I’ve never been so lucky. Somebody must have really prayed for me, because I didn’t have sense enough to pray for myself as much as I should’ve.
Pick out your friends slowly and wisely. Seek out educational programs. Borrow nothing from no one. Don’t make the officers your friends nor enemies. Never overspend on the commissary.
“The Embezzlement Economy”
Limestone Correctional Facility
Living in prison is expensive. The contracted companies control the phone prices, shoe prices, hygiene and food package prices, medical co-pay and the supply of goods sold at the prison stores and canteens. Most of those prices range from inflated to ridiculous. There is no competition, no other options, no consumer protection. Montgomery is responsible for all economic policy decisions.
MONTGOMERY, Ala. (AP) — A bill would require jails and prisons to provide female inmates with tampons or sanitary pads.
The Alabama House of Representatives voted 101-0 Tuesday for the legislation that now moves to the Alabama Senate.
The bill by Rep. Rolanda Hollis of Birmingham would write into law that jails and prisons are required to provide the items.
Hollis says she has heard stories of inmates resorting to fashioning their own hygiene items when they could not obtain them.
Department of Corrections Bob Horton says feminine hygiene items are readily available in bathrooms at Alabama’s only prison for women.
The state prison system in 2015 agreed to make the products available and free as part of a wide-ranging settlement agreement with the Department of Justice to improve conditions at the prison.
Originally published here
By David Fathi, Director, National Prison Project and published here
A trove of photographs depicting brutalized and murdered prisoners in Alabama’s St. Clair Correctional Facility has thrust the treatment of our nation’s 2.3 million incarcerated people into public view. The first horror is what these people have endured in prison. The second horror is that while shocking, it is not a surprise.
As a lawyer who has represented prisoners for more than two decades, I have come to expect such violence and degradation of human beings held in appalling conditions like those seen in these photos. The only thing that’s unusual is that, for a brief moment at least, the curtain has been pulled aside and the everyday brutality of our prisons laid bare for all to see.
Transparency is like daylight — applied directly, it can be a disinfectant. And to protect the health and lives of incarcerated people across our country we need full transparency of how they are treated.
That is not the case currently. Prisons are closed institutions, literally walled off from public view. To some extent, this is unavoidable and understandable. While journalists and members of the public can freely wander into the Department of Motor Vehicles, in prisons safety and security considerations preclude similarly unfettered access. Those same considerations require some monitoring and control of communications between prisoners and the outside world.
But to a large extent, the hidden nature of U.S. prisons represents a deliberate policy choice — one that is unique among the democracies we think of as our peer nations.
Many countries have an independent national agency that monitors prison conditions and enforces minimal standards of health, safety, and humane treatment. In Great Britain, Her Majesty’s Inspectorate of Prisons has the power to conduct unannounced inspections of all prisons; a similar agency operates in Canada. In countries that have ratified the Optional Protocol to the Convention Against Torture(OPCAT), prison monitoring by a national oversight body is supplemented by periodic visits by the United Nations Subcommittee on Prevention of Torture.
By contrast, the United States has no independent national agency that monitors prison conditions. The U.S. also has not ratified OPCAT or any other treaty that would provide for outside monitoring. The bipartisan Commission on Safety and Abuse in America’s Prisons concluded that “[f]ew [U.S.] states have monitoring systems that operate outside state and local departments of corrections, and the few systems that do exist are generally underresourced and lacking in real power.”
Perhaps for this reason, the main vehicle for oversight of conditions in U.S. prisons has been the federal courts. Litigation can permeate prison walls and allow us into the housing units and the solitary confinement cells where prisoners live and die. It allows us to review videos and records otherwise shielded from public view. It allows us to compel prison officials to testify publicly and under oath.
But the federal courts’ oversight role has been sharply limited by the 1996 Prison Litigation Reform Act (PLRA). The PLRA subjects lawsuits brought by prisoners in the federal courts to a host of burdens and restrictions that apply to no other litigants. Consequently, there has been a significant decline in judicial oversight of prison conditions. Between 1995 and 2000 alone, the number of states with fewer than 10 percent of their prison populations under court supervision more than doubled, from 12 to 28.
The lack of public knowledge about our prisons has real costs. Most obviously, a lack of oversight facilitates neglect and mistreatment of prisoners and prevents accountability when such misconduct occurs. But there are other consequences as well. Prisons represent the ultimate in big, coercive government — in many states, they represent one of the largest line items in the state budget. They are empowered to confine thousands of people against their will for years or decades and, in some circumstances, to use lethal force against them.
Given these high stakes and the potential for abuse, prisons should be subject to the most exacting scrutiny and public oversight. The reality, though, is just the opposite. Prisons are among the least transparent and accountable government agencies.
Many states ban in-person interviews with prisoners, and prison officials have barred specific journalists whose reporting they considered too critical. Some states have amended their freedom of information laws to limit their application to prisons, even barring prisoners from submitting requests. The federal prison system enacted a rule banning prisoners from publishing their writings under a byline; the rule was later invalidated by a federal court. Arizona went so far as to pass a law making it a crime for prisoners to post information on the internet; that statute, too, was overturned as a violation of the First Amendment.
As long as the public is kept in the dark, horrors like those at the St. Clair Correctional Facility will continue unseen. Increased transparency and oversight are just first steps in correcting the dreadful conditions in our prisons, but make no mistake — the need for them is as immediate as it is urgent.