Who: Freedom fighters inside Alabama prisons, Alabama women and children with incarcerated loved ones, Local and National Prison Slavery Abolition Organizations What: “Alabama to DC: End Prison Slavery” Rally and press conference with speeches from inside, banners, personal stories, music When: Friday, September 20, 2019, 4 PM to 6 PM Where: Pershing Park, corner of 14th St NW & Pennsylvania Ave NW, Washington DC
Washington DC — On September 20, Unheard Voices OTCJ, along with DC Abolition Coalition and allies will gather from 4 PM to 6 PM with a delegation of women and children from Alabama who have been personally impacted by the Alabama DOC to confront the Department of Justice for their inaction after finding ongoing, egregious 8th amendment violations in Alabama prisons earlier this year. As one voice from the inside declares, “the prisons in Alabama are functioning in the same exact manner. Men are being murdered, assaulted, raped, overdosing and being denied mental and medical care constantly. These conditions have become frequent and ADOC is failing to report the many incidents that take place in order to gain favor in the eyes of the Federal agencies involved in investigating ADOC and to gain favor with you, the public.”
We demand that the DOJ follow through on their commitment to file suit against the Alabama prison system! We demand that U.S. Attorney General William Barr uphold his oath of office. We demand #NoNewPrisons!
We know that Alabama politicians and Alabama Attorney General Jay Town are not going to protect the rights of incarcerated individuals and hold their own accountable and prosecute the civil rights violations of prisoners and criminal activities of the ADOC. We know that their priority is only building three new private prisons which will exacerbate the human rights abuses and expand prison slavery in Alabama.
Those gathered at this family-friendly event will amplify the cry heard from behind the walls: “We are MEN!” These words are an echo of those spoken on the first day of the 1971 Attica Rebellion — a reminder of our past, a call to action, and an insistence on the humanity of incarcerated individuals whose constitutional rights require equal protection and enforcement by the Department of Justice.
Alabama has 28,296 people in prison.
We can reduce that number.
Imprisonment is a brutal and costly response to crime, which traumatizes incarcerated people and hurts families and communities. It should be the last option, not the first. Yet Alabama has one of the most overcrowded systems in the country, and in April 2019, the Department of Justice released a report calling the conditions in the men’s state prisons to be so bad that it is “likely unconstitutional.”
JUST LOOK AT THE FACTS:
In Alabama, the incarcerated population has skyrocketed since 1980, growing five-fold as of 2017. This growth is forcing state-run prisons to operate at 164% capacity, which ranks as the most overcrowded prisons in the country.
Most of the people in Alabama county jails have never been convicted of a crime — more than 70% are awaiting trial.
In addition to the rate of incarceration, which ranks third nationally in the rate of people imprisoned, Alabama also has around half of people in Alabama’s prisons serving a sentence of 20 years or more.
One out of every three Black boys born today can expect to go to prison in his lifetime, as can one of every six Latino boys, compared to one of every 17 white boys. At the same time, women are the fastest growing incarcerated population in the United States, and Alabama ranks sixth nationally for the rate of women imprisoned.
Alabama’s prison system costs taxpayers $478 million of its general fund on corrections in 2016, which is a 126% increase since 1985. This money should be spent building up, not further harming our communities. Investment, not incarceration, is how we improve safety.
Originally published by the ACLU here
The violence, rape and sexual assault, the lack of medical, mental and dental health care that has been grossly inadequate for decades, the lack of sentencing reform to reduce the overall prison population shows a clear lack of desire or vision and many studies have been presented to the Alabama Department of Corrections and the legislature for years but largely went ignored.
The answer is not to tax the citizens of this state and expand the industrial for profit prison complex when the Federal Government has already stated that Alabama’s prisons violated the Eighth Amendment prohibition on “cruel and unusual punishments.”
We need to speak out loud and clear like the residents of Baldwin and Mobile Counties, so that Governor Ivey understands that we the people want a common sense approach and politics out of the criminal justice system, and we want reform, not more prisons. Simple.
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.
Twenty U.S. states’ constitutions, including the Constitution of Alabama, contain the same shortcoming found in the Thirteenth Amendment to the U.S. Constitution. They permit slavery, or in the case of Louisiana, “involuntary servitude,” as punishment for a crime.
Banning slavery is not simply a formality. U.S. prisons market the labor of prisoners and have created financial incentives to maintain that labor force. While prisoners may benefit from training, and may prefer employment to doing nothing, they and society as a whole do not benefit from labor without a living wage, labor without workers’ rights, labor that undermines others’ wages, and labor that creates motivations to keep more people in prison longer.
Paying prisoners for their labor enables them not only to better provide for themselves while in prison, but also to pay bills and unpaid court fees that may have landed many of them in prison in the first place. Compensating prisoners for their labor through a legitimate “Work Time” system that reduces their sentence grants hardworking prisoners the opportunity to be reviewed early by parole boards — which also helps state taxpayers.
As a constituent, I urge you to take immediate action to amend our state constitution to ban slavery and involuntary servitude as punishment for a crime, and in all circumstances. While Colorado has amended its Constitution to ban slavery entirely, our state lags behind. Our current Constitution protects and promotes the legal exploitation of people’s labor and human dignity and should be amended immediately.
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1. Rhode Island has banned slavery in its Constitution since 1843. Twenty-seven states’ constitutions don’t mention slavery. Vermont’s Constitution allows slavery for people under 21 years old or consenting to it or enslaved for payment of debts, damages, fines, or costs. These are the 20 states that allow slavery as punishment for crime: Alabama, Arkansas, California, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oregeon, Tennessee, Utah, and Wisconsin. The state of Colorado has removed itself from that list.
Most of the recent talk has been about the mens prisons in Alabama and the unconstitutional conditions within as well as the rape, stabbings extortion etc that goes on, on a seemingly regular basis, what hasn’t had a lot said about it is the subject of the women in Alabama’s prisons. You see, we spoke with the Department of Justice several years ago, and they, the DoJ assured us that the women’s prisons were being investigated as well. We passed to them many letters that were written by the women incarcerated in these facilities. Most people know about how bad Tutwiler women’s prison is, but most have not heard about Montgomery Women’s facility which is located behind kilby mens prison and the Birmingham work release centre.
Montgomery Women’s Facility is basically a metal cow shed with no Air Conditioning that holds 300 women, its a medium custody facility, they have had frequent overspilling of raw sewage in the bath rooms, and although the health department has been called numerous times, the guards there do not let the officials in to inspect it, until its all been cleaned up by the women. The 300 women are warehoused in a large dormitory, like i said its a metal building with no A/C which is brutal to live in during the summer in Alabama, surrounded by swampland the flies and other insects are everywhere, we heard too, that recently the whole facility was without toilet paper for weeks on end.
Have you ever been inside a women’s prison and heard the constant screaming and shouting? The din of voices competing to be heard above the others in a confined space? Or seen 300 women lining up to use one microwave oven to heat the food that they’ve purchased from a vending machine rather than eat what is prepared by other inmates at the canteen or to see them stand in lines for their medicine to be handed out, toothless, raggedy looking and rapidly aged in excess of their years.
Women that request a dental visit may end up waiting months for an appointment, those women in Birmingham are taken to St Clair mens prison for a dental appointment, many are too scared to go to St Clair and suffer agonising abscesses until it bursts and self medicate with regular Tylenol purchased from a vending machine, given the recent revelations of the conditions in St Clair, i can’t say that i blame them, i wouldn’t want to go there either, usually the only treatment they’ll be given is a tooth extraction. If the woman’s family has dental insurance for her and are willing to pay, then there is a local dentist that can be utilised, but again this can take many months before such an appointment is booked and the woman is escorted there due to the lack of officers and an apparent unwillingness of these same officers to have any sense of urgency when it comes to inmate care.
If the women have a low enough custody level then some women can be housed in Birmingham’s work release centre. This facility is pretty run down, but the conditions are far more preferable than either of the other 2 facilities, it also holds about 300 women. An inmate in Alabama that is allowed to work in the community (lowest custody level, can wear civilian clothes, they go to work everyday in fast food restaurants, they work in hotels etc) will have 40% of their wages taken by Alabama Department of Corrections for fines, restitution etc, they are expected to pay $5 daily for the van rides to and from their place of work, they pay for their own laundry costs too, Women that are allowed to work on road crews picking up litter etc (Minimum out custody, still wear white prison uniforms) earn $2 per day. All women pay high costs for canteen goods. Prices are marked up at least 75% plus cost, if they put in a sick call they are charged $4 co-pay, and any resulting medicine they are also charged for, what we would pay pennies for in a local store, the women are charged in dollars. Of course most of the charges are born by the families that support these women by providing money on their books, when you add to that 21 cents per minute for phone calls and $20 for 30 minutes video visitation that is of a poor quality and constantly drops connection, having a loved one in prison is extremely expensive.
Women commit crime for very different reasons than men do, many studies from all over the United States and indeed all over the world bear this fact out, in addition many of these women struggle with poverty, substance abuse, mental illness and long term physical and sexual abuse, its mainly women too that commit heat of passion crimes. Unfortunately many courts in the Deep South, do not take these mitigating circumstances into consideration during trials and sentencing.
Women are seemingly given stiffer sentences and actually end up serving more time, than men do for committing similar crimes. The imprisonment of a woman that has children, has a far more detrimental effect than if its the man that is imprisoned. The consequences for those kids too, can be just as life changing. Many studies have shown that women, especially those convicted of a violent crime, do not go on to reoffend with a violent crime. ADOC could safely release literally hundreds of women that have served well over a decade in prison, many having already served decades.
Many of these so called violent offenders have historically been denied any chance at working in the community or from work release participation because of “administrative” or “politically” motivated decisions, yet it is these very women that have served long sentences that are frequently the most cooperative, hardest working and motivated people that pose no reasonable threat to public safety despite the nature of their crimes, which was born form the circumstances mentioned earlier.
Many studies have been completed specifically for ADOC to use as a guide to reducing the prison population, but ADOC would rather move Women form one facility to another, even driving them around in vans whilst the Federal investigators were likely to have stopped by, in an effort to show the facilities as less crowded than they really are. ADOC back in the early 2000’s paid a private prison in Louisiana £2.6 Million to house 300 female inmates from Alabama in an effort to show fewer numbers of female inmates on their books.
Alabama has some of the harshest and longest sentences than most other states, it also makes any post conviction relief extremely difficult with its statute of limitations and by having legal documents held by Alacourt online which are very expensive to access. The poor that get entangled in Alabama’s criminal justice system are at a distinct disadvantage. From the moment their mugshot is published, along with headline grabbing bonds being set, many people automatically assume that the suspect must be guilty, and the presumption of innocence therefor has already been eroded.
This is how Alabama rolls when it comes to treating women inmates, its nothing new, it has been like it for a long time, the current commissioners and their predecessors should be asked some very direct and difficult questions such as what exactly have they been doing all these years in a role that is supposed to be overseeing the day to day running of the prison system and why the Federal Government has had to step in and make them do the jobs that they are paid for. We the electorate, the family and friends of those that are held in these atrocious conditions demand to know.
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
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.
Four men inside diagnose a hellscape the Department of Justice called cruel and unusual.
In handwritten letters, four men who together have served more than 100 years told us what it’s like inside.
On April 2, the Department of Justice issued a horrifying report on Alabama’s prisons, with graphic accounts of prisoners who were tortured, burned, raped, sodomized, stabbed and murdered in largely unsupervised dorms. (In hundreds of reports of sexual abuse, for example, the investigators did not find a single instance of a guard intervening. Officers are so outnumbered, the report said, that they stay in a secure area rather than patrol.)
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.