Set Our Women Free!

Set Our Women Free!
Set Our Women Free!

Over the last 5 or 6 years we’ve seen Alabama Department of Corrections Commissioners, come and go, we’ve seen State Governors come and go, we’ve seen a lurch towards the extreme political & evangelical right challenging long standing laws protected under Federal law, we’ve seen lawsuits filed by the SPLC, EJI & ADA gain traction in the Federal court, with Judge Myron Thompson ruling that ADOC must immediately hire hundreds of extra correctional officers and improve the mental health care for inmates, we’ve heard Gov. Kay Ivey claim that she will fix the prison system by appointing a management team and building huge new prisons at a cost of approximately $1 Billion to private companies, and then lease them back at a cost of approximately $80 Million per year to us the taxpayers.

The state also hired an attorney that exasperated many during the inaugural meeting of Gov. Kay Ivey’s Study Group on Criminal Justice Policy, when the attorney representing the state denied that state prisons are overcrowded, you really couldn’t make this up, and oh the taxpayers are paying him too.

Prison overcrowding is well-documented by the Alabama Department of Corrections as well as the United States Department of Justice investigations that threaten a prison takeover unless changes are made swiftly. At the December 4th 2019 Study meeting, many friends and family members of those incarcerated were there as well as members of the ACLU, and Alabamians for fair justice, that were allowed to address the panel and tell their stories of how there loved ones have been over charged, over sentenced, by over zealous prosecutors and judges and then warehoused in these hell hole prisons, to try and survive being raped, extorted, pimped out, beaten, stabbed and in many cases now, even murdered.

Jefferson Dunn, The current Commissioner of ADOC who incidentally had no prior correctional experience before being appointed as the head of the Alabama Department of Corrections, looked out of his depth and uncomfortable at the statements of these people that were relaying what they and their loved ones have endured during their incarceration, and he lacked cognitive responses to their questions. The retired Alabama Supreme Court Justice Champ Lyons seemed completely out of touch with reality when he asked one speaker if she was saying that Alabama prisons have a drug problem, to which literally every person in the room physically gasped or shouted are you serious? He then asked, well then how do the drugs get into the prisons, to which he was told the officers are the ones that take them in, along with phones and other contraband that they make hundreds of dollars on, by selling them to inmates.

ADOC has not been able to retain or recruit enough officers, indeed they have now resorted to training a new class of officers that do not have the full training or authority as that of a fully qualified corrections officer, these are known as “Basic” correctional officers.

Gov. Kay Ivey has appointed a retired and somewhat notorious Judge as head of the Alabama Board of Pardons & Paroles and as such the rate at which eligible inmates are now paroled is at an all time low, compounding the fact that the already dangerously over-crowded prisons, will continue to see the prison population grow.

When do any of these people ever go into a prison? What exactly are we paying them for? Why has Jefferson Dunn never gone unannounced to any of the facilities that he is responsible for, to see how they really work? Its no good, him or any of the other commissioners going there on a scheduled tour like in the women’s facilities, where the women will have been made to paint the walls, clean everywhere and sit on their beds out of site whilst the commissioner strides around and is then never seen or heard of again? Why have none of the commissioners ever rolled their sleeves up and really gotten to grips with what is going on within the prisons and attempted to remedy the situation?

We are sick and tired of seeing our loved ones continually punished by the system. The “punishment” imposed by the court, is the loss of liberty, it did not state that they would be subject to abuse of every kind, demeaned, degraded and dehumanised and treated worse than second class citizens, it didn’t state that us family members would be humiliated by officers, discriminated against or would have the huge cost of phone calls and video visitation thrust upon us in an effort to maintain critical contact with our loved ones, or the heavy cost of commissary prices and hygiene or food packages. As women, they are often sentenced harsher and actually serve more time than a man would if convicted of the same crime. The hypocrisy is breathtaking where in Alabama, justice treats the rich and guilty better than they do the poor and innocent. Our public officials that are supposed to serve us, for too long have used their belief systems to sway political opinion and claim some moral righteousness to hand out Biblical justice, an eye for an eye right? Many people feel the same until they have a loved one that becomes involved in the system, then they see how Alabama justice really works.

The powers that be, want their transgressions and sins overlooked, all the way up to the highest levels of power in the land, they want to be forgiven and given a second chance, but they don’t want to extend the same courtesy to our loved ones that are sat behind bars. They will spend millions of dollars filing politically charged and frivolous lawsuits pretending to protect Alabamians rights, when in fact as shown in the Federal courts, they are not protecting our rights so much as they are pushing their beliefs and agenda upon us, and despite the hundreds of millions of dollars that ADOC receives per year from the Federal government and numerous other revenue sources, but they haven’t spent anything on maintaining the facilities, or on making improvements that may benefit the inmates, so where exactly has the money been going?

Their idea of justice is my idea of a one sided dog and pony nightmare where prosecutors can lie, withhold evidence, commit all kinds of ethics violations and even in the case of the 20th judicial district, according to a study by the EJI, put more people on death row than the states of Maryland, South Dakota, Montana, Wyoming, New Mexico, and Colorado combined, even though it had a population of less than 100,000 at the time of writing, and no one in the Government thought to question why? No one stopped to wonder if maybe something is wrong in Houston County, or maybe they just have the worst population in the state? No one apart from the Equal Justice Initiative apparently took the time to measure the impact that this kind of “justice” would have long-term on the prison population. How many other counties operate the same way? Those prosecutors and judges won’t be held personally liable for any wrongdoings, but a poor defendant that can’t afford effective counsel, most certainly will be.

The Alabama criminal justice system needs complete reform.

Look i digress, my point has been that back in 2003 Tim Roche studied and then compiled a report which showed how the ADOC could safely release literally hundreds of women from ADOC’s work release facilities, even those branded with the political term “violent offender” which is extremely misleading, the report and recommendations are just as relevant today as they were back then, in my opinion the measures are even more desperately needed now.

Taking note of Mr Roche’s now 17 year old recommendations makes complete sense and it is truly baffling to try and understand why the ADOC would not use their discretion to move these hundreds of women through the system and allow them back into the community. Even the so called “violent offenders” are some of the most trusted, and hard working women that have been incarcerated for 10-15 years or more, often these women went into the criminal justice system having suffered domestic mental, physical and sexual abuse, they are most likely to have been suffering from depression or other mental illness and abuse alcohol or other substances, some are addicted to pain medication, they are strip searched frequently, have low self esteem and continually beaten down by the system, post conviction relief is extremely difficult with the statute of limitations, its also very expensive and as usual, its the poor that stand less chance of seeing any real kind of fair justice.

I wonder if any of those commissioners have ever stood and watched hundreds of women stand in line to use the only microwave in a facility, or stood in line to get a cold shower with brown water, or to hear the constant din of officers barking commands over the loud speaker, living in these conditions warehoused in dorms, packed in like sardines, seeing the known drug dealers have an easy life, when a woman that has kept her nose clean and done what’s she’s been told to do and followed the rules, gets routinely woken in the night for a complete shake down and strip search or be told she can no longer wear a pair of coloured socks, shows that it is incredibly frustrating for those that have made the effort to stay citation free and to improve themselves over the time of their incarceration. It is truly a wonder to me that these women haven’t committed the violent crimes such as occurs in the mens prisons, surely that alone is testament to how far many of the women have come in rehabilitating themselves. The long timers are the ones that keep some kind of stability and order, and for those long timers that have an impeccable institutional record having being forced to live in conditions that they’ve been subjected to, they deserve to be paroled as soon as they are eligible. Set Our Women Free!    .

I can see how releasing to either community custody or paroling these women who are statistically speaking, the least likely to ever reoffend, would benefit the over all prison system. It would make sense and free up a complete facility or two, and the correctional officers that are attached to those could be redeployed to bolster numbers at the mens prisons where the rapes, beatings, murders etc, are occurring, surely, reducing the prison population starting off with the women is the common sense way to go, so if i can see it, and other tax paying citizens that have their loved ones incarcerated can see it, then why can’t or won’t the Governor, the Commissioner for ADOC or the parole board or any of those other parties that have a vested interest in keeping Alabama’s prisons the most deadly and unconstitutional in the entire country?

Read Tim Roche’s full report and recommendations from 2003 here  and see if you can understand or comprehend why ADOC has never acted on it, because i can’t.

 

Alabama’s prisons don’t have working fire alarm systems

Inmates in a dormitory at Staton Correctional Facility Wednesday, Sept. 4, 2013, in Elmore, Ala. (Julie Bennett/jbennett@al.com) (JULIE BENNETT)
Inmates in a dormitory at Staton Correctional Facility Wednesday, Sept. 4, 2013, in Elmore, Ala. (Julie Bennett/jbennett@al.com) (JULIE BENNETT)
 By Christopher Harress | charress@al.com article originally posted here

Not one of Alabama’s 15 state prisons has a functional fire alarm system, according to Department of Corrections Commissioner Jeff Dunn, who spoke to lawmakers earlier this week about overcrowding inside state correctional facilities.

“It’s pervasive in our system … that we have deficiencies in our fire alarm systems,” said Dunn. “So what we do, we have corrections officers posted throughout and if there’s an issue, we do it through a verbal system. Obviously, we have procedures if we have a fire to evacuate either portions or all of the facility but the aural fire alarms, we have deficiencies around the state.”

The revelation comes during a trying time for the state’s prisons. The system is at approximately 180 percent of capacity while the number of correctional officers required is dangerously low, according to previous AL.com reporting.

In 2016, Governor Robert Bentley put forth what’s known as the Alabama Prison Transformation Initiative (APTI), a plan to build four mega prisons at a cost of $800 million. While the initiative passed through both the House and the Senate, it did not gain final approval. In the coming session this year it’s expected that Bentley will raise the issue again with some amendments to help it pass.

Dunn conceded that other problems did exist in terms of infrastructure and health and safety. “I think the salient point is that (failing fire alarms are) just one of a dozen things that we face,” Dunn said. “While I don’t disagree about the fire system, you’ve got problems with electrical, you’ve got problems with plumbing, you’ve got problems all over that need to be addressed.”

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Alabama Department of Corrections Healthcare is a Joke and thats not the half of it…

Alabama Department of Corrections likes to put out numbers concerning the amount they spend on inmates healthcare, but they are lies. We have to fill out a sick call for each thing that is wrong with us, and pay $4.00 each time. Any over the counter medicine given to us costs $4.00 for each medicine.

Alabama Department of Corrections Healthcare is a Joke
Alabama Department of Corrections Healthcare is a Joke

For example, if we sign up for a cold, we are charged $4.00 for the visit, $4.00 for the Ibuprofen, $4.00 for the Sinus pills, and $4.00 for the decongestant. They rarely give out antibiotics. We have to sign up at least 3x before we can see the nurse practitioner or Doctor. When we have an accessed tooth, they put us on the Dental waiting list, sometimes it takes 2 months before you see the Dentist, and then you have to be given antibiotics to get rid of the infection, before the tooth can be pulled.

We’ve had girls with their cheeks swollen 3x the normal size because of an accessed tooth and yet health care will not let them see the Doctor to get started on an antibiotic, whilst waiting to see the Dentist.

Those on chronic care for high blood pressure, have to pay $4.00 if we feel that our blood pressure is up and ask to have our blood pressure checked. If you complain about the healthcare at Montgomery Women’s Facility too much, they will send you back to Tutwiler, where no one wants to go. Its their way of punishing us for speaking out against their mistreatment. We call healthcare, deathcare and most of us try to avoid their type of care.

Correctional Medical Services, which later became Corizon, held the contract from 2007 to 2012. ADOC awarded Corizon the healthcare contract in 2012, through to Sept. 30, 2017, under extension, it was the only company to submit a bid. The $181 million extension will bring the total cost of the contract to $405 million. State funds pay 100 percent of the cost. So why the hell are inmates forced to pay for each appointment despite having to wait in some cases months to see a healthcare professional and then pay extortionate prices for over the counter medicine which cost pennies in the free world and where the hell are they supposed to get the money from in the first place?

The Southern Poverty Law Center and Alabama Disabilities Advocacy Program have sued Alabama Department of Corrections, over the failure to provide adequate medical care, mental health care and accommodations for the disabled violates the constitution and federal law. Despite ADOC claiming their “healthcare” is adequate, it has agreed to improve conditions for inmates with disabilities, the lawsuit is ongoing and in fact, The SPLC, the Alabama Disabilities Advocacy Program and the law firm of Baker Donelson have asked a federal judge to certify its lawsuit against the Alabama Department of Corrections (ADOC) as a class action, which would allow rulings in the case over the inadequate medical and mental health care of 43 prisoners named in the lawsuit to apply to the 25,000 people held in a prison system that has had one of the highest mortality rates in the country.

 

When Defense Lawyers Become Prosecutors

By J. Celso Castro Alves, Truthout | News Analysis

Scales of Justice weigh heavily against Defendants in Alabama

In theory, a public defender’s mission includes dedicated advocacy for clients against whom the power of the carceral state is mobilised. In theory, a public defender’s mission includes dedicated advocacy for clients against whom the power of the carceral state is mobilized. However, in practice, defenders sometimes end up working with the forces of power — and against the best interests of their clients. (Photo: Pixabay)

On January 5, 2015, Randall H. McCants Jr. was not alone when Judge James H. Roberts Jr. of the Sixth Judicial Circuit of the State of Alabama opened his courtroom for a plea hearing. “Mr. McCants is present in court with his attorneys, Jim Gentry and Mike Cartee,” he stated. Besides the judge’s reference to McCants’ court-appointed attorneys by their nicknames, nothing appeared out of the ordinary. Roberts cited McCants’ constitutional rights before highlighting his defense attorneys’ central task: “Your attorneys are bound to do everything they can honorably and reasonably do to see that you obtain a fair and impartial trial.” McCants answered the judge’s questions with “yes, sir” and “no, sir.” Even to the charge of capital murder and the question of whether he understood that “the range of punishment is life without parole or death,” McCants responded, “yes, sir.”

According to the nine-page hearing transcript, Roberts knew that McCants had pled not-guilty during his post-arrest arraignment in January 2011. In fact, Roberts acknowledged that McCants’ attorneys had only recently “proposed a plea agreement” for the “lesser offence of murder.” Yet, at no point during the hearing did Roberts wonder about what prompted McCants’ sudden about-face. Did four mysterious years in pretrial detention impact McCants’ decision? Could McCants’ attorneys have coerced him to plead guilty by invoking fear that a greater punishment awaited him at trial? Whether McCants was mentally competent to grasp legal proceedings or understand that he was assuming full responsibility for the accidental death of a Tuscaloosa resident apparently did not cross Roberts’ mind either.

Rather, Judge Roberts proceeded with the plea colloquy by asking prosecutor Jonathan S. Cross to provide “some facts” for the first-degree murder plea. Compliant, Cross stood and delivered some skimpy facts in the most casual and sloppy fashion possible:

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Prison secrets: AL.com investigation finds prison bosses have little to fear from breaking the rules

Warden Carter Davenport (right) speaks to media members during a tour as State Senator Cam Ward (center) and Kim Thomas, Commissioner of the Alabama Department of Corrections listen at the St. Clair Correctional Facility Fri., March 16, 2012 in Springville, Ala. (The Birmingham News/Bernard Troncale). (BERNARD TRONCALE)
Warden Carter Davenport (right) speaks to media members during a tour as State Senator Cam Ward (center) and Kim Thomas, Commissioner of the Alabama Department of Corrections listen at the St. Clair Correctional Facility Fri., March 16, 2012 in Springville, Ala. (The Birmingham News/Bernard Troncale). (BERNARD TRONCALE)
By Casey Toner – on June 13, 2014 at 5:33 AM, updated March 12, 2016 at 1:48 PM

SPRINGVILLE, Alabama — On a routine cell transfer in 2012, a handcuffed inmate at St. Clair Correctional Facility had a few choice words that pricked the ear of Warden Carter Davenport.

Davenport, then a 24-year corrections veteran, wasn’t going to let it slide. Not in the state’s second-most-violent prison. Not from an inmate placed in segregation — a dorm reserved for the prison’s worst troublemakers.

Incensed, Davenport clenched his fist and cracked him in the head. When the inmate quieted down, Davenport removed his shackles and led him back to his cell.

In most places, it is a crime to punch a handcuffed man. But in Alabama’s correctional system, it is a merely a policy violation, which was documented in Davenport’s personnel file. There was no investigation of the case, no interview with the inmate, and no record made of his injuries. Davenport received a two-day suspension, which he served the following month.

An AL.com analysis of hundreds of personnel documents shows that the state’s wardens can flout the rules, take a slap on the wrist, return to work or transfer to other prisons. In fact, some wardens were promoted to their positions even after serving suspensions as lower-ranking officers for beating inmates or covering up beatings.

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Alabama prisons to improve treatment of inmates with disabilities

Maria Morris, managing attorney for the Southern Poverty Law Center, announces a federal lawsuit against the Alabama Department of Corrections alleging that the system violates federal law by ignoring inmates' medical and mental health needs. Morris spoke outside DOC's offices in Montgomery, Ala., on June 17, 2014. Morris was joined by William Van Der Pol Jr., staff attorney for the Alabama Disabilities Advocacy Program, which is also taking part in the lawsuit, alleging discrimination against prisoners with disabilities. (Mike Cason/mcason@al.com)
Maria Morris, managing attorney for the Southern Poverty Law Center, announces a federal lawsuit against the Alabama Department of Corrections alleging that the system violates federal law by ignoring inmates’ medical and mental health needs. Morris spoke outside DOC’s offices in Montgomery, Ala., on June 17, 2014. Morris was joined by William Van Der Pol Jr., staff attorney for the Alabama Disabilities Advocacy Program, which is also taking part in the lawsuit, alleging discrimination against prisoners with disabilities. (Mike Cason/mcason@al.com)
By Kelsey Stein – on March 16, 2016 at 9:52 AM, updated March 16, 2016 at 10:31 AM

Alabama inmates with disabilities will soon receive the necessary treatment and services, under a recent agreement between the Southern Poverty Law Center and the Alabama Department of Corrections.

SPLC filed a lawsuit in June 2014 claiming that state officials knew about problems within the system but had not acted to bring conditions to a “humane and constitutional” level. The plaintiffs include 40 named inmates who offer details about their individual encounters with inadequate health care.

The agreement outlines steps ADOC will take to ensure compliance with the Americans with Disabilities Act. A monitor will oversee the implementation of the agreement’s provisions.

“This agreement is an important commitment by the Alabama Department of Corrections to address the discrimination and hardship these prisoners have faced for far too long,” said Maria Morris, SPLC senior supervising attorney. “Prisoners with disabilities must have an opportunity to serve the sentence they have received – not the sentence they must endure because the state fails to respect their legal rights.”

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