Life and Times Newsletter - Edition 5

FFLW - Main Page Calendar of Events Contact Information Monthly Minutes We Are Everywhere.... A Lifers Own Words President's Message LINKS: Officer and Liaison Information; Members Photos More Photos FFLW NEWSLETTER "Life and Times" Report: Safety and Abuse in America's Prisons 5th Edition of Life and Times Fight For Lifers, PA at CR10 in Oakland, CA - Sept. 2009 Photos from our Rally in Philly on Aug. 12, 2009 NEW! Juvenile Lifers

Life and TimesNewsletter of the Fight for Lifers West ---- Working to Abolish Life without Parole-------------------------July  2008 -------------- Issue #5------------------------- Greetings, Fellow Justice Seekers,        I am glad to be able to give you some long awaited good news. We have been networking with other groups in Pennsylvania and around the country and there are many others who are seeking positive change in our criminal justice system. Advocates from around the United States and the world are  shocked to hear that in Pennsylvania, Life means Life! We are forming a network and are seeking changes in archaic laws and attitudes.
Donna and Etta at StopMax
        Since our last printing, we have gone to a protest at SCI Smithfield in January because we received news of suspicious suicides there. We did several news stories to draw media attention to allegations of abuse and neglect as well as wrongful deaths and possibly murders. People from other states and from around PA joined us. We were a small group, but our voices rang out clear. We also went to Harrisburg in April to demand an investigation into abuse, neglect and suspicious deaths and asked that an independent overseer be appointed to police the Pennsylvania Department of  Corrections. This time we had a few more people, news coverage and were noticed by anyone who walked through the Capitol Rotunda that day. Senator Greenleaf  issued a statement that very day regarding the failure of our current system of incarceration. (see: excerpts elsewhere in this newsletter) We had a letter writing campaign to the United States Department of Justice and as a result, they appointed a new section and director to answer letters regarding such allegations. We are planning further actions for the foreseeable future. We have also aligned with HRC-FedUp! who is based in Pittsburgh and are doing great work regarding abuse logs and strategy planning.         Some of us went to the Pittsburgh based Prison Ministries and spoke to them in May. They expressed great interest in our advocacy and said they would like to be involved and attend our open meetings. They said they wish to offer their support for our endeavors. They too, were shocked to find out that life truly does mean life in Pennsylvania. They believe in redemption and forgiveness as we do. They also believe that lifers deserve a second chance.          We also went to STOPMAX in Philadelphia from May 30 – June 1st. There were people there from all over the United States as well as a few foreign countries. Many of us are sick and tired of the inhumane treatment and warehousing of Americans, especially those of color, the poor and the under-educated. We spoke of the Prison Industrial Complex and how we must strategize to bring it down. We have already begun the process across the land. We want to see our prisons replaced with school buildings, especially in the inner urban communities. We want to see taxpayer dollars going into education, health care, affordable housing and decent paying jobs. Many of you may already be aware that one out of 100 Americans is now incarcerated. One out of nine African American males are incarcerated. The Geneva Convention has ostracized the United States for their racism and are currently doing a study of the prison systems in the USA to report to the World High Court later this year.         We have submitted a proposal in unison with Fight For Lifers in Philadelphia to go to the 10th anniversary of Critical Resistance in Oakland, CA in September, 2008. CR10 wants to see the abolishment of prisons altogether. We feel there are more humane and successful ways to treat people who break the law. We are tired of the schools to prison pipeline that exists in too many urban communities around our nation. We are tired of seeing people with mental health diagnoses ending up being warehoused rather than treated for their illness. We are tired of seeing persons with drug or alcohol addictions being over-penalized for crimes used to support their destructive habits. We are tired of governments who can't manage the taxpayer's money constructively and instead use the prison industrial complex as a means to create jobs. Jobs where they enslave those who they feel are expendable, and built in poor rural communities where such opportunities are glorified because there are no viable options. WE ARE TIRED!         If you are tired too, please help us in our plight. We can't do this alone and traveling and fighting for your rights isn't free. We need your families involved. We need support. We are not paid for this work, we do it out of love.          In Solidarity,         Donna M. Pfender, President         Impact of Incarceration, Outstanding Felony Warrants on Beneficiary’s Veterans Benefits

Submitted by Ned Pfundt

 Veteran’s benefits are affected if a beneficiary is convicted of a felony and imprisoned for more than 60 days. Disability of Death Pension paid to an incarcerated beneficiary must be discontinued. Disability compensation paid to an incarcerated veteran rated 20 percent or more disabled is limited to the 10 percent rate. For surviving spouse, child or dependent parent receiving Dependency and Indemnity Compensation, or a veteran whose disability rating is 10 percent, the payment is reduced to half of the rate payable to a veteran evaluated as 10 percent disabled. Any amounts not paid may be apportioned to eligible dependents. Payments are not reduced for participants in work-release programs, residing in halfway housed or under community control. Failure to notify VA of a veteran’s incarceration can result in overpayment of benefits and the subsequent loss of all VA financial benefits until the overpayment is recovered. VA benefits will not be provided to any veteran or dependent wanted for an outstanding felony warrant. Persons convicted of a federal or state crime are barred from receiving VA burial benefits. Benefits Office:

Wilkes – Barre 18702 (1123 East End Blvd. Bldg 35 Suite 11, 1-800-827-1000)

 Vet Centers:

Erie 16501 (1000 State St., Suite 1&2, 814-453-7955)

Harrisburg 17102 (1500 N. 2nd St., Suite 2, 717-782-3954)

McKeesport 15131 (2001 Lincoln Way., 412-678-7704)

Philadelphia 19107 (801 Arch St., Suite 102, 215-627-0238)

Philadelphia 19120 (101 E. Olney Ave.., 215-924-4670)

Pittsburgh 15205 (2500 Baldwick Rd. Suite 15, 412-920-1765)

Scranton 18505 (1002 Pittston Ave., 570-344-2676)

Williamsport 17701 (805 Penn St., 570-327-5281)

 Sometimes You Have To--Craig Hairston #FC 9835 – SCI-Fayette Sometimes you have to...Go through the storm, to know how it feels not to be safe and warmSeeing someone else go through a storm is not quite the sameOnly you can fell the icy rain on you your skin, only to know your pain. Sometimes you have to...Meditate in the dark, to converse with your brain and debate with your heartHow can you think what you know, if you knot know what you think?Caution! Wisdom and folly are chained together by an invisible link Sometimes you have to...Fight for what you believe, and be willing to die on your feet Before you live on your knees                      You must not always receive, but to a cause you must give                         because if you have nothing to die for, then why should you live?

THE BARRING OF A JUDICIAL SYSTEM

A message to the poor, from the poor!

submitted by Malik Walton, SCI GREENE

             Sadly enough many American Prisoners across this country are slowly, but surely, becoming time-barred in the Court System.  The judicial system in Philadelphia County, and across PA, has finally locked Its' doors to the impoverished Americans.            In 1996, President William (Bill) Clinton, signed into effect the "Anti-Terrorism Effective Death Penalty Act" (AEDPA).  This "Act” in and of itself has activated the prison system into a housing system, (housing units).  The prisons went from a place of rehabilitation to a place of permanent residency.            The "Act” has stolen the judicial, and jurisdictional, powers away from the Courts and Judges whom may have recognized that a man, or woman, was wrongfully convicted, and/or that an injustice has occurred.            The AEDPA leaves an illiterate prisoner only one year to discover/research any error of his prior counsel’s representation.  And, for the most part these illiterate prisoners are also poor.            With more, and more, impoverished people receiving harsher sentences such as  "excessive" sentences, or the innocent men and women receiving LIFE sentences although they were not aware of their co-defendants intent to kill, this is simply just wrong!

            Many of these prisoners were at the mercy of Philadelphia’s Public Defender Office, as well as at the mercy of the Courts.  The Public Defenders Office is a contributor to the over crowding prison population in Pa.  These offices do not respect the innocent person's position, forcing a defendant to enter into "erroneous" pleas/agreements/deals, and/or be susceptible to a harsher punishment.

            After being forever barred from litigation, the only way back into the Courts/Judicial System is under one (1) of three (3) exceptions:                                    1.  Newly discovered evidence/ After discovered evidence                        2. Governmental interference/ An obstruction of Justice                        3.  A new Supreme Court decision (PA or Federal) which applies retroactively.                        However, even after meeting one (1) of the three (3) exceptions, you must file within sixty (60) days of your discovery of one of the above.  Then you must pass the due diligence standard which is basically whether or not you "could have discovered the evidence prior to the time you are presenting it to the courts."              Remember, although your attorney is an officer of the Court, you can not raise his ineffectiveness and /or error under governmental interference.  You have to submit a PCRA (Post Conviction Relief Act) Petition.  These Courts are looked upon as a last resort Court.  Petitioners filing a first PCRA petition are entitled to an attorney.  PCRA Petitioners are also entitled to a statutory right under the PCRA, and not a constitutional right.            The AEDPA is a clever way to circumvent the court system, and it can be carefully used to commit genocide against any race of people and/or class of people.  There should not be a time limit on Justice, or on One's innocence.            The Courts are slowly becoming a Court of formalities, and the time for change is NOW - NOT TOMORROW!  Ask Hillary Clinton what her position on the poor and their wrongful convictions is.            We already know Obama's take on this matter; we need to investigate whether Mrs. Clinton shares her husband's regrets on the "crack/cocaine sentencing disparity,” which took a heavy toll on African Americans.  If African Americans only make up 13% of the National population, we must explain how they make up 41.6% of the state and federal prisons/institutions.  This was reported in the March 4, 2008, USA Today newspaper.            This is not a black or white thing - this is what is the right thing for the poor in this country.  As there are also poor White and Hispanic Americans suffering from these cruel and unusual laws, and time restrictions.

            We can change a lot - if we stop being institutionalized - sitting around like old women gossiping about men - and their moves get at your people - get them involved - especially if you're a Lifer.  We need to get rid of the AEDPA, which seems to apply domestically more than foreign.  Act today, NOT tomorrow!


ATTENTION:

 

The following article was not endorsed by the Fight For Lifers West membership body. We do not ask any inmate or inmate family members for money other than contributions. We would never ask an inmate to give up their commissary, TV, cable or any other little comfort that they have on the inside. We do not charge for subscriptions, they too are by donation. In addition, an independent halfway house is not an option for lifers in PA.  We believe the author means well, but this was not agreed upon as a group and although some of our members may agree with her idea, it is not one that was voted on by our group as a whole and therefore not accepted by our organization.

The author has since formed her own group as we are not in agreement with the part of the article outlined in red or her proposed plans for lifers if released. Their new group has their own by-laws and Mission Statement and is not affiliated with ours in any way, other than that their members are always welcome at our meetings.


   THIS SCHOOLHOUSE CALLED EARTH

written by: Brenda Emerick

                 FAITH! True Faith!  Do you really know what it is?  How does it work?  Where can you find it? Who gets it? And, why does it seem to work for some and not others?  These are some of the questions I'd like to share with you in this missive.                I know that many Lifers have faith that they will one day walk out of prison, even though the way things look in today's society it doesn't seem so.  I applaud you all in your continued faith.  I stand with you ALL because I know in my heart/soul that one day things will be different.  And for real, what kind of support could I be if I didn't have hopes that there will be relief for deserving lifers.  Having faith certainly is not all it will take for this to happen, as there is action required for the universal realm to assist us in our endeavors.  That action would be to prepare for when it happens.  That's what FAITH is.  Asking The Most Radiant of ALL Energies, The Creator, for something, then believing without a shadow of doubt that it will happen.  By taking action to prepare for the event, You, show The Creator how strong your faith is, then universal forces set off chains of events that will lead up to the fulfilling of our prayer.  Of course the prayer must be in all earnestness.  Any doubt what-so-ever, whether it be thoughts, spoken words, actions or feelings, it doesn't matter, any of these things done negatively in connection with your prayer will throw a monkey wrench into the mix.  You see we sabotage ourselves constantly with these negative thoughts, words, actions and feelings.  Then we blame our Creator for not hearing, and answering our prayers.  Well I'm here to tell you that we have created our own destiny with all of our own confusions.  For real, how can one expect things to come out as prayed for, when the prayers are constantly changing? If the prayer isn't changing, then the thoughts, words, actions and behaviors are not in unison with the prayer.  We MUST be in alignment if we really want it to work.  So what kind of faith do you really have?  Only you and The Creator really know if your thoughts, words, actions and feelings match your prayers, and if they do, I'd love to hear some of the stories that come with the outcomes of your true faith. These are called miracles!                So how does this affect/effect any of us in the situation of being, or having a loved one be, a Lifer?Because, I say we need to show our faith, in droves that we truly believe that deserving Lifers will obtain some relief.  To do that a plan has to be made.  Perhaps plan A, and plan B.  You all want out, but what would you all do if they let a quantity of you out, all at once?  Those of you that have been down for quite some time would have a hell of a time adjusting to all the differences out here.  You may hear of this and that which are different, but it's a whole new world out here from 20-40 years ago.  Are you all just thinking of yourselves, or have you given thought to all the others in your predicament as well.  Say they let go of even 25 lifers at one time, where would you all go, how would you survive, who would help you get established, and most importantly, how could you be a productive member of society.  Yes, some of you have family that could help somewhat, but many of you don't have any family left.  So I'm asking all you Lifers to unite, come together and let's make a plan for your release, all of you, not individually.                  If the Senate had a workable plan, for how it could work, I believe they would pick up the 25/50 idea, of course we need to get them to accept it retroactively.  However, you all would be showing through your thoughts, words, actions and feelings just how serious your faith is.  It is my belief, and faith, that once enough of us are on this path, thinking, speaking, acting and feeling only positively about every aspect of the plan, as well as the ability of our elected officials to do the right thing - changes to the laws that concern LWOP will come about, including the release of many that have been deserving for a long, long time.                One Lifer believes those of us out here should ask all of our loved ones to "sit-down" for one whole year.  When I asked him exactly what he meant by that he said, " Ask your loved ones to sit and be still. No commissary, No phone calls, No jobs, NO visits, just stop feeding the monster."  I'd for one like to know how you all feel about that drastic measure?  For myself, I could not go for a year without visits to my son.  Perhaps a big enough impact could be made if just one or two were implemented?  Life is very short and I could not live with myself if something happened in that year and I could never see my son again, so I'd perhaps go with all but the visits.  The big question is, can enough of you unite for the duration to make that kind of impact?  They've already taken many of your jobs, would the rest of you quit?  Those with a number probably would not join your cause, so would it make a large enough impact?  Many questions as to whether, or not, that kind of action could get you all some form of relief.  As for me, my faith is with our Creator.  Believing that our prayers are heard and taking direct action to accommodate for when it does.   Also remember that All the Praise goes to The Creator, Thank The Great Spirit often, show your belief and faith by thinking, speaking, acting and feeling in positive ways, in all aspects of your life, in all you do, all you speak to, think of, or feel about.  Love, kindness and positivity, can you do it?                  I thank The- Great- Spirit- That- Moves- Through- All- Things for bringing me to such an understanding within, for revealing my lessons when I seek them, and for answering my prayers, and may all everywhere be blessed with all that is there for us.                  I look forward to hearing your responses.  This is really your fight.  Many of you have been there for far too long, and it is only you that can truly know what you may need out here.  One thing I'd like you to think about is finding a way for the plan to work without relying on government funds, for real, do you still want them to have that much control over you once you're out.  Another Lifer suggested that you all donate 1-5 dollars per year to the cause.  If you all decided to go on a commissary strike, and donated even 1/4 of what you spend there to your cause, how much would that give us to work with?  4700 of you, x $5 = $23,500, certainly enough for a down payment on a house (to be used as a Lifer half-way house).  Enough from me for now just wanted to get this food for thought out to you.  Now it is in your hands, what do you want to do with it?  Have faith, show it by taking action, it does work, and for the record, You can only find your faith from WITHIN!   So long for now, May You All Be Blessed With The Light, Life, Love and Understanding, Of The-Great -Spirit - That -Moves -Through -All -Things!!  Peace @ Heart!  
  

Correctional Industries Coming Down on Lifers

Submitted by Joe Heckel SECTION G. ASSIGNMENTS TO CORRECTIONAL INDUSTRIES (CI) SHALL NOW READ:1. In order to maximize CI’s contribution to successful inmate entry, preferences should be given to assigning inmates to the CI work force who meet the following criteria:            a. have two to six years remaining on their sentence;            b. completed initial treatment program (Drug and Alcohol Treatment, Anger management Program, etc.,);            c. Completion of GED or remedial reading program; and            d. must have performed satisfactorily in other work assignments.2. Because the CI work experience is designed to help inmates achieve a successful reentry to society upon release, the number of inmates serving life sentences assigned to CI at a facility should be minimized. 3. The percentage of inmates assigned to CI who are serving sentences may not exceed the percentage of the inmates with life sentences at that facility.  This number cannot exceed 10% of the CI workforce at that facility.  In achieving this goal, the following rules will apply:            a. an inmate serving a life sentences shall not be assigned to the CI workforce if the percentage of inmates serving life sentences already assigned exceeds the facility's percentage:            b. an inmate serving a life sentence who is removed from the CI workforce shall not be reassigned to CI if the percentage of inmates serving life sentences already assigned exceeds the facility’s percentage, and4. Target Date for Completion            a. The target date for achieving the facility percentage ceiling on CI lifer  employment is January 1, 2009.            b. Facilities which currently exceed noted percentages cannot add and lifers until they fall below the noted percentage.            c. Each CI Field Manager will report progress on attaining this goal quarterly to the Director of CI and the Facility manager/designee of each CI factory’s host facility.5. Compliance will be attained using the following procedures:            a. attrition - lifers assigned to CI may be removed as a result of misconduct or by transfer to another facility program;            b. voluntary reassignment - lifers may be reassigned following his/her request to be removed from the CI workforce. Inmates reassigned under this procedure may be retained in the same pay group as they were while employed at CI; and            c. involuntary reassignment - lifers will be reassigned to other duties inside the facility in order to meet the compliance goal by June 30, 2009.6. Exceptions            Exceptions to the lifer percentage cap may be granted under exceptional circumstances  that might impact the operation of a particular CI factory.  Requests for exceptions shall be initiated by the CI field manager responsible to the Director of CI.  The Director of the Bureau of CI will obtain final approval from the Executive Deputy Secretary.  The Facility manager/designee will be kept informed of these requests      On February 20, 2008 Secretary Beard reissued DC-ADM 816, “Inmate Compensation”. The gist of the statement is, “Because the CI work experience is designed to help inmates achieve a successful to society upon release, the number of inmates serving life sentences assigned to CI at a facility should be minimized.”The reasons why Correctional Industries were established are many and complex, and beyond the scope of this discussion, but one of the reasons for CI is the opportunity to use cheap labor to produce items needed by the DOC or to sell such items to other government agencies and make money for the DOC.  The fact that prisoners  have good paying jobs also enhances the prisoner's ability to  use the commissary, make phone calls and get cable TV, all of which are beneficial to the DOC.  When you consider there are only 1,470 Prisoners in CI jobs, and compare that to  the 3,000 prisoners who max out from prison each year, it becomes apparent that CI has a minimal effect on the bulk of people being released from prison every day.  In fact when you consider that this new target population for CI jobs are those who have two to six years on their sentences, you realize those people  have some serious problems about making parole.  For some reason or another they have been denied  reentry to society.  The reasons for denial have been stated in black and white. Now Parole Boards are fallible, and some would say prejudiced. But the suggestion here is that the problems of the person who has been denied parole several times will not be overcome by a couple of years in a CI job.  There are better ways to  prepare a prisoner for reentry.                Every Lifer realizes that this solitary action is only the culmination of a series of actions by the DOC which seem to be discrimination and disrespect on the part of the DOC.  From A Code to Music programs, from Educational Opportunities to outside clearance.  You know them all and are living under the cumulative effect of prejudiced action.  And  it is obvious even to outsiders.  About twenty years ago, I went to a Lifer’s picnic in a large grassy yard and ballpark, every guest was admitted free.  Children were there and engaged in planned activities for them.  The Superintendent was there and walked around in his shirtsleeves, greeting the families of prisoners.  Last year, the picnic was in the visiting room, everyone was charged for the meal, no Kids, and the President and other officers of the Lifer organization were not permitted to attend because of a clerical mistake.                You all know what this means. As one Lifer put it, “Once the Lifer had some respect. Now they’re being fired from prized jobs, effectively stripping another layer of self respect and hope from a life already serving the most extreme punishment possible...a slow death”                Dr Beard made his annual appearance at the Pennsylvania Prison Society’s Conveners Conference on April 4.  In his presentation it was clear that he was obsessed with the overcrowding in the prisons.  For him there were two solutions.  1. the building of two new prisons right away, and two more later if present projections hold up. 2. successful reentry of prisoners.                From the audience Dr Beard heard a statement that if Society decided to take the drastic step of committing a person to  life in prison, Society also has the responsibility to care for and respect that life for as long as it lives.  All the incidents of disrespect by the DOC noted above were mentioned, the fact that layer after layer of disrespect for Lifers has been revealed.  And there are better ways of accomplishing successful reentry for prisoners than firing Lifers from their well earned jobs.  Dr Beard, in one sentence, acknowledged the growing  negative situation concerning Lifers and said  it was wrong.  In the next sentence, he said we have to do all we can to get those who have not made parole to be prepared for reentry. Reentry, reentry, reentry.  Of course we all agree with that. But firing lifers, and peeling off another layer of self respect and hope, is not the way to prepare short timers for reentry.  It is suggested that the DOC enlarge its  Work Training Programs in Vocational Educational which focus on the development of entry-level employment skills.
                A revision to the original reissue was made so that now it reads. The number of inmates assigned to CI who are serving life sentences cannot exceed 10% of the CI workforce or 10% of the facility’s lifer population (which ever is greater). 

Open Letter to Lifers working in C.I.

-- from A. John Pritchard # AF-8531--GraterfordAs you know, Policy – 816, Section G, 5,c will allow supervisors to remove many of the LIFERS working in the C.I. shops across the Commonwealth through “involuntary reassignment.” I have decided to take this issue to Court and I would like to encourage anyone else in the other institutions to consider doing the same.                The ONLY issue that I see that has any merit is that the policy discriminates against “a particular class of inmate”—Lifers. U.S.C.A. Const.Amend.14; Giano V. Senkowski, 54 F. 3d 1050, 1052, 1057 (C.A.2 (N.Y.) 1995 Also Giano, at 1057, “directs state actors to treat similarly situated people alike. Cleburne v.Cleburne Lving Ctr., 473 U.S. 432, 439, 105S. Ct. 3249, 3254 (1985) See the case for yourself. Also, citing Const.PA, Article I, Declaration of Rights, Section 26.                 I do not believe that the Commonwealth can provide evidence to pass the four-prong test of Turner v. Safley, 482 U.S. 78, 84, 107, S. Ct. 2254, 2259 (1987)I do not believe one has to be fired to have standing in this issue. See Merlino v. Delaware County, 711 A. 2d 1100, Pa. Cmwlth. 1998; Assn.of Lancaster County v. Manheim Tp., 710 A.2d 141, Pa.Cmwlth. 1998.Be sure to file an Affidavit to support any and all facts that you assert. See Rodgers v. Bennett, 320 F 2d 83, (C.A. 8(Iowa) 1963)If ANY OF YOU have additional legal citations that would be helpful, please send them in letter form to Graterfriends for publishing. I will be able to read your comments. Thank you all.  Punishment alone won't deter criminals
State Sen. Stewart J. Greenleaf represents Pennsylvania's 12th District

     America's prisons can barely contain an inmate population that has reached an all-time high. The influx of inmates at correctional facilities has left prison officials struggling to find enough beds, and demanding that states come up with billions more in funding to house inmates and construct more facilities.
     At the same time, we have lost the war on drugs. Drug-related arrests have increased by 425 percent between 1970 and 2005, according to the National Bureau of Justice Statistics.
     A recent national study conducted by the Pew Center for the States revealed that 1 in every 100 U.S. adults is behind bars. With more than 2.3 million inmates, the United States is the global leader in total documented prison population, topping both China and Russia. Though the United States represents only 5 percent of the world's population, it holds 25 percent of the world's inmates.
     Here in Pennsylvania, we contribute significantly to the growing crisis with prisons operating at more than 110 percent of capacity, pushing the corrections department budget to more than $1.5 billion annually, slightly less than higher-education spending.
     Since the early 1980s, Pennsylvania has increased its inmate population by 457 percent, while the state's overall population has increased only 3.5 percent. Even though each year we release more than 16,000 inmates, the inmate population recently exceeded 46,000. Currently, we are on track to add 170 more inmates per month over the next five years.
     Consequently, the number of Pennsylvania state prisons has increased from eight in 1980 to 27 at the end of 2007. At the current growth rate, the state will need to build three prisons by 2012 at the cost of $600 million and add a prison every year thereafter at $200 million each.
     The system has become a revolving door for inmates addicted to drugs and alcohol; they comprise 70 percent to 80 percent of the total inmate population. More than half of the offenders admitted to the Pennsylvania Department of Corrections are now nonviolent, the majority having committed lesser crimes involving drugs or property damage. While many in this group are considered amenable to treatment, each year thousands are released into communities without jobs, with insufficient supervision, and still suffering from the addictions that drive their criminal behavior. As a result, 46 percent of all inmates released from Pennsylvania prisons return within three years of being paroled.
     While successful at punishment, our system often fails at protecting potential victims when no effort is made to correct crime-causing behavior.
 2.       Providing tough punishment was the primary focus of criminal-justice policy during the 1980s and '90s, the point at which the prison population began its dramatic increase. The laws passed during that time, many of which I sponsored, such as Megan's Law, mandatory minimum sentences for selling drugs, measures to aid prosecutors and incarcerate violent offenders, have enabled courts to remove dangerous criminals from society.

3.      The increasing prison population is driven by lesser crimes for which punishment alone has been an ineffective deterrent.

     Until recently, there has been insufficient understanding of how to properly handle the majority of low-level offenders who reenter the system at such an alarming rate. It is my hope that the Pennsylvania legislature will pass legislation to reduce recidivism by combining punishment with treatment.
     In 2004, the legislature passed a law I proposed that created the State Intermediate Punishment Program to combine incarceration with treatment and intense supervision. But the program has been underused. This session, I introduced legislation to expand the program, which receives only 20 percent of all eligible inmates despite a proven 30 percent reduction in recidivism for those who get treatment.
     The blueprint for prison reform in Pennsylvania already has been set by states such as New York, which is on track to shut down three of its correctional facilities this year. Alternative sentencing policies, intensive drug treatment, and other programs in that state have reduced New York's inmate population by 13 percent in the last eight years, a decrease that is slightly less than Pennsylvania's inmate population increase over the same time period.
     Ensuring public safety means more than simply punishing offenders. Punishment of low-level offenders without rehabilitation has been a failure in a system where about 90 percent of all inmates eventually will reenter society. While they are in the custody of the state, we must do all that we can to prepare low-level offenders to live lawful and productive lives by working to eliminate the habits that their crimes support and to ultimately reduce their criminal activity.

 Prisons & Their Role in Social Control--Cleveland Anarchist Black Cross Network
Ask anybody how prisons work in society and you will generally receive the same glib response: they protect society by removing 'criminal' and 'anti-social' elements, thereby making life safer for the rest of us. Is this true? Is it the whole truth?

A closer examination of the role of prisons reveals that they do not simply act through the punishment that they inflict upon 'criminals', but that their system of control works on a far deeper and much more surreptitious level.    

The common perception of prisons, as portrayed and purveyed by the media and so widely held in the public consciousness, is that they are full of 'dangerous criminals'; that to be sent there is to become vulnerable to attack, rape or even worse at the hands of these 'anti-social' elements.

Of course there are some dangerous, unpredictable people in prison: those whose point of disaffection has reached such a level of psychic destructiveness that they no longer care about cause and consequence. But, in truth, there are probably a greater number of people at 'liberty' in wider society who share similar attributes. Prison is full of people just like you and me; oppressed by an apparently 'egalitarian' society that forces them to participate in a socially Darwinistic free-for-all in order to provide the needs dictated by the totality. The majority of crimes which are committed that lead to prison sentences are a product of society itself- whether it be the disaffected desperation of theft caused by the dehumanizing cage of poverty, the existential alienation caused by the attempted escapism of drug addiction, or the cathartic explosion of violence caused when alcohol and pent-up frustration clash together on a Friday or Saturday. However, these incarcerated people are just that- people: people with lives and families, faults and foibles. They just happen to be people who are sick of the constant pressure to accumulate property and money through the market relations of capital, and choose to either achieve this goal in their own way, or express their rage, whether conscious or unconscious, at being unable to do so. A consumer society works through reification of lifestyle: you must buy in order to belong. If you do not buy because you will not, or because through no fault of your own, you cannot, you may feel that all you have left is either to steal, or refuse to pay in order to live up to this projected expectation, or you will store up your frustration to one day be released in violence and expression of anger. Prison is full of people like this; people who have finally had enough of the formal routes of social hierarchy and have expressed their disaffection in the most direct way. They are not 'dangerous' or 'anti-social' elements. Why then are they portrayed as such? The perception of prisons and the role of prisons is just as, if not more, important than the part played by the prisons themselves. Think about it - look around you, read the media, watch the 'law and order' TV shows. How are 'criminals' portrayed in these? How are people with criminal records perceived?    They are the Other: that which we must fear; that which we must strive not to become. In this false dichotomy the need for authority and law is inherent. It exists to protect the 'haves' from the 'have-nots'. By portraying those who cannot or will not subscribe to laws passed by those with power as untermensch to be avoided at all costs, the system ensures the tacit obedience of existing laws, and the unquestioning acceptance of news ones:  Do not break the law or you will be locked up with the Other. Do not question the validity of law for it protects you from the Other. Even though the Other is only yourself.  Thus are people conditioned to accept fear: fear of a non-existent Other, a fear that keeps them in line and persuades them that the relations of the totality act in the interests of the people, disguising the fact that the power of this shibboleth acts solely for its own perpetuation. Not only then, is it the directly observable fact that prisons physically imprison 'criminals' that oppresses the human condition, but more importantly, it is also the indirectly observable fact that the perception of prisons psychologically imprisons society itself. The very existence of prisons ensures that we all remain imprisoned.  

A LIFER'S GREAT SPIRIT

submitted by Ronald L. Smith AP 5080, aka Baye'SCI Coal Township I've learned what manner of a man I am spiritually,I awoke in the majesticness of my once hardened soul,only to glorify the beauty of my battered bruised up body,still attempting to rescue a warrior's heart.My mind literally began to see all of God's...celestial reasons for blessing me with life,to see past physical perfection, letting my third eye shine like avivacious, dancing,  full moon in mid-night's hour...lighting my way for freedom and doing what's right.For He's given His only begotten son for my sinning.It's a must I have attitude,and believe I'll always be winning, even when others shout for nothing ,but my very bad ending. Jimmy’s Corner à

--our sergeant of arms and funny bones—

 

A. Why did the man with one hand cross the road?  A: To get to the second hand shop!

 

B. What can you hold without ever touching it? B: A conversation!

  From the Editors-- The Fight for Lifer's West newsletter was created to provide information and resources to people serving life without parole in PA. We also want to provide an outlet for those voices to be heard.  The printed material is the sole opinion of the writer or submitter.  The members of FFLW may, or may not agree with the content.  Thanks to everyone who submitted submissions and gave feedback to the Life and Times.  Please be advised that we are unable to print everything we receive.  Please direct your newsletter submissions and mailing list questions, updates and requests  Attention: Newsletter Fight For Lifers West P.O. Box 4683  Pittsburgh, PA 15206 \\For Juvenile Lifer updates and information write Attention: Joe Heckel  Please do not send unsolicited legal materials.    Thank You!  --- Etta and Brenda Ettaders note àAlso! Let it be further known that I (etta) have been taking on too many responsibilities…more then i can handle. And in doing so, lost a dear, sweet interview with Jimmy – pictured above. I’m sorry for not keeping better track of the submissions. Next time i will do better!! Also – if you would like to do a member profile with someone on the inside and out – please contact us.