Please see my article in the Lowell Sun on why we need to delete Rep. Jim Lyons from the Legislature in Massachusetts and elect Tram Nguyen! It begins:”Republican Jim Lyons is claiming the support of Gov. Charlie Baker in his campaign for re-election… But if you examine his voting record, another story becomes clear. Lyons is out of step with our state’s ideals.” More
Author Archives: Jean
The Other Death Sentence
Horrible Mail Policies Hit Pennsylvania Prisons
image courtesy of Andula Agecy Website
Lois Ahrens of Real Cost of Prisons Project passed along the new incredibly awful procedures for mail in Pennsylvania prisons. As she says, a bad idea does get passed along from prison to prison, and apparently other states have already initiated some of these horrendous policies.
Here is what is on the Pennsylvania DOC website which they are calling ways to eliminate drugs. Bold is mine.Imagine how long it will take people inside to get mail or any books.
“Non-legal mail will now go to a privatized processing company in FL where it will be scanned and emailed back to the prison. Books will need to be ordered through the PA DOC. Details below.
MAIL
Effective immediately, all regular/non-legal inmate mail should now be shipped to the following address utilizing existing DOC mail rules:
Smart Communications/PADOC
Inmate Name/Inmate Number
Institution
PO Box 33028
St Petersburg FL 33733
EXAMPLE:
Smart Communications/PADOC
Joe Jones/AB1234
SCI Camp Hill
PO Box 33028
St Petersburg FL 33733
Envelopes must include a return address. Photos will be limited to 25 per mailing. Any mailing received with more than 25 photos will be returned to sender.
All legal inmate should be addressed to/sent to the facility at which the inmate is housed.
From the PA DOC
Immediate elimination of mail processing at facilities
Effective immediately, all inmate mail will be sent to a central processing facility where it will be opened, scanned and emailed back to the facilities. Initially, this process will take a few days however, after the initial 90 day transition period, mail will be delivered the day after it has been received. Mail delivery will be expanded to 6 days per week.
Each facility will print the mail and deliver it to the inmates effectively eliminating any possibility of drug introduction through the mail system. Effective immediately, all mail that was collected during the lockdown will be returned to sender – no exceptions.
Books & Publications
Effective immediately, the DOC will begin to transition to ebooks coupled with bolstered DOC library system featuring centralized purchasing and ordering process. No books or publications will be shipped directly to an inmate.
Inmates will have access to a “publication request icon” on existing kiosks and all requests will be forwarded to central office for processing once the publication/book has been paid for by a cash slip. Central office will purchase in bulk from various sellers to prohibit the introduction of contraband.
Friends and family may make requests to purchase books for inmates and may pay for those items via an account specifically for this purpose. Once payment has been received, the DOC will order the publication and ship it to the institution where the inmate resides.
____________________________________________________________________________
The Abolitionist Law Center sent an email saying it was monitoring the newly unveiled policies which “represent a threat to the rights, dignity, and health of our incarcerated clients, friends, and family. The problems occurring during the last week [a lockdown in Pennsylvania prisons] will be compounded and added to by these measures that will further restrict and chill communication between incarcerated people and those outside the walls.”
“It is becoming clear that there will need to be an organized challenge, or series of challenges, using a variety of advocacy strategies, including potential litigation. Please feel free to share this widely.
Toward that end we are asking for any reports of the following to be emailed to ckeys@alcenter.org at the Abolitionist Law Center:
• Obstruction or interference in attorney-client communications, including:
- o restrictions or prohibitions on visits
o restrictions or prohibitions on regular legal call opportunities
o failure to send outgoing legal mail, or significant delay in sending it out.
o failure to process incoming legal mail, or significant delay in getting mail.
o opening legal mail outside the presence of the recipient
o any copying of legal mail whatsoever
• Any negative legal consequences faced by incarcerated people due to their inability to communicate with legal counsel or the courts – missed deadlines, inadequate preparation for court proceedings, etc.
• Instances where the DOC refused to process non-legal mail, including where it was returned for no reason other than the DOC’s arbitrary statewide “lockdown”.
• Any serious problems caused by not receiving non-legal mail sent from family, friends, or other contacts, including and especially problems caused by not receiving time-sensitive information.
• Denial of publications such as magazines, newspapers, or books due to the “lockdown” or new policies.
• Imposition of disciplinary measures such as the issuance of a misconduct or having privileges restricted based on mere suspicion of drug use, or an allegation that mail intended for but not received by an incarcerated person contained a prohibited substance. Please include whether any evidence was obtained, tested (by the DOC or third party vendor), and whether there was any due process afforded through a hearing.
• False positives by ion scanners resulting in visitation restrictions or prohibitions.
• Instances of incarcerated people being deprived medical care during the lockdown, including regular appointments for chronic conditions, medications, mental health care, outside hospital appointments, emergency care, or specialist care.
• Instances of incarcerated people with physical or mental disabilities being deprived accommodations for those disabilities during the lockdown.
With solidarity and in it for the long haul,
The Abolitionist Law Center”
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More on Lillie A. Estes, Community Strategist
From the Houston Institute: “We sat down with Lillie A. Estes to catch up on her activism in Richmond, Virginia. She and her partners will launch the Community Justice Network in October, 2018. For more information, visit CommunityJusticeNetwork.com soon.”
Parole Should Matter, Massachusetts
Image courtesy of oneclass.com, University of South Carolina
Today I went to a lifer parole hearing in Massachusetts, billed as the ultimate opportunity for second chances. But as so often happens, I left feeling that the person seeking parole will not get a shot to serve the rest of his sentence in the community. In other words, his original crime will defeat his transformation, and his missteps will be held against him in a way that those of us not on parole will never experience in our lifetimes.
In the free world, if you are a recovering alcoholic and you take a drink, say because your mother died or your best friend was stabbed, you’ll most likely deal with that misstep on your own, with your family, or with your AA buddies. But if you’re hopeing for parole, and you take a drink, say because your mother died or your best friend was stabbed, you’ll be considered a “risk to reoffend.” Even if you realize you’ve made a mistake, and even if you take some action to correct it, you’ve committed a crime and are always under suspicion and surveillance. Some of this we can understand, but is there always a direct connection from such missteps to a propensity for acts of violence?
A person petitioning for parole has to be more perfect than the average citizen in order to earn early release.
Forgiveness is certainly not in the realm of Parole Board mandates, and instead of restorative justice, it is most likely that conditions and time will be imposed. The idea of reparations and community justice seem far from the rooms where the fate of these men and women are decided. In our system of punishment, parole hopefuls are often kept in prison and given minimal direction during the one, two, three, four, or five years before they can see the Parole Board again. They do “programs.” They avoid “disciplinary” infractions. If they are lucky, their families can afford phone calls or make time to visit. This is all in the name of public safety.
All of this was floating around inside me as I confronted the June 26th article that appeared in The Boston Globe. It referenced the letter that the Coalition for Effective Public Safety (CEPS) sent to Governor Charles Baker about the current state of parole and the needed executive actions to improve a flailing system. That letter is reprinted here on my website.
The article left me as lonely as the parole hearing did, and left me wanting so much more for our men and women seeking second chances. It did what is so often done: took an infamous story, a tragedy that always stirs up its audience to stop listening to the facts about parole and focus on the fabled horrors. A violent anecdote lives on a lot longer than small successful steps of a person on parole — or hard cold facts.
But the facts are, as CEPS wrote in its letter, our paroling rate in Massachusetts is low despite the reality that “parole improves public safety, lowers prison populations, reduces recidivism, improves outcomes for parolees, and saves taxpayer money.” As I spelled out for Boston Magazine in 2013, parole is an imperfect system, and there will be mistakes. We are human and parole is a system created by humans. But if we do not provide more second chances to allow people to finish their time in the community, we are dooming justice. The more people we keep behind bars, the more we continue to fuel the engine of mass incarceration. And so, we must be thoughtful risk-takers.
Why then did CEPS write to Governor Baker, at this particular moment in time? We need him to be a thoughtful risk-taker, to step out of his comfort zone, and to recognize what 45 groups are saying about the state of parole: It needs to be better. CEPS asks him to step up and pay attention to the fact that serious parole reform needs to happen, and that some of it can happen with his executive actions. We don’t always need the Legislature to create new laws. Some change is in his hands.
He can affect parole by helping to correct the composition of the Parole Board. Currently there is only one substance use and mental health specialist, Dr. Charlene Bonner, and she needs to be reappointed since her term has expired. (Parole Board members actually keep serving even after their term expires until they are renominated or not reappointed.) Governor Baker can do that immediately.
As the letter says, he can also fill upcoming vacancies with more “psychologists, psychiatrists, sociologists and social workers who believe in parole and are committed to paroling people with disabilities that can be successfully managed in the community.” We already have plenty of people from a Corrections background but we are short on those who have the expertise or the previous job experience focused on those with mental health issues and substance use disorders. These are many of the people who come before them. Family trauma is compounded by prison trauma, and that needs to be seen, evaluated, and deeply understood. How can the Board effectively judge those who come before them without more of this expertise?
Governor Baker can insist that Parole Board members read the petitions for commutation that come before them — they seem not to have responded to these for more than 2 years — and insist that they act on a number of applications to take worthy petitioners off lifetime parole. He can insist that his Board do its job to better train parole officers so they are not just checking off boxes but counseling people and helping them find work. The model now seems to be “trail them, nail them and jail them.” As a parolee who shall remain nameless told me about some parole officers: “They are harassing people in their own homes, calling our family members and asking them for information, refusing our requests to go out of state for conferences or to visit family, and telling us ‘Sorry, I don’t have time to read your Fill in the Blank.’”
Governor Baker can improve the transparency of how the Parole Board functions. The Board has an almost unreadable website where it is impossible to find information. It consistently reports “paroling rate” (its vote rate) instead of the percentage of parole applicants who are actually released on parole. He can insist that his Parole Board not take 9 months to a year to get decisions for lifer parolees written. As the letter says, this translates into a “lack of respect” for parolees and their families.
A thoughtful risk-taker is not a foolish risk-taker. But Governor Baker received this letter also because Massachusetts is not thoughtfully setting up many of its life-sentenced prisoners to succeed. Note the antique Department of Correction classification system that we still have whereby many lifers cannot easily move to lower security facilities until they earn parole. Thus, some languish on waiting lists to get into programs that would help them earn parole. The letter points out that the Governor can and should advocate for improvements that the Council of State Governments (CSG) recommended when it evaluated our system in 2016, stating, “One of the first steps in successful re-entry is for the prisoner to step down through security levels in the prison system.”
Parole is not a side issue to justice. Perhaps that is why I have been to approximately 30 lifer hearings (the public is not permitted to attend non-lifer hearings). I have no idea what will happen to the man I saw plead his case before the Board at today’s hearing. Most likely, if things go as they have been going, I will have to wait almost a year to see his decision posted on the Board’s website.
But Governor Baker could change so much of this with a stroke of his pen. He could indeed, with executive action, improve this system. Perhaps it should be a requirement in state law that the Governor attend such hearings so that he knows first-hand why 45 groups say that they want change.


