Wisconsin Prison Watch – November 2008 Newsletter

Friends,

By the time you receive this newsletter we will have elected a new president. The important word in the last sentence is ‘we’, because the right to vote is not available to thousands of Wisconsin citizens. About 70,000 Wisconsinites are under some sort of oppressive state authority. Not all of those 70,000 are precluded from voting, but most are. Many of those denied the right to vote are working and paying taxes which makes us wonder about the taxation without representation issue. Who is representing us?

Aside from the voting problem, census figures show the 53rd state assembly district claims about 5,000 prisoners as “constituents” of that district even though their legal residences are elsewhere – mostly from Milwaukee Co. These census figures are important in proportioning seats in the legislature and funds (Federal and others) to those communities.
*****************
As a note of clarification, our WPW legal team is engaged in research and the evaluation of general legal questions about the criminal (in)justice and prison system. The team is not a legal resource for specific legal questions about pending litigation or procedures. Any opinions given will address general topics of legal process. We cannot offer legal assistance to prisoners.
*****************
Have you been getting the proper and prescribed treatment for your Hep-C? Prisoners in Illinois won a huge class action suit due to lack of treatment. It appears that the Illinois and Wisconsin policies are identical and the same goes for the lack of treatment administered. We are in conversation with the attorney who won the Illinois suit. He is studying the possibility of bringing the same class action against the WIDOC. Stay tuned, we’ll keep you informed.
******************
Speaking of class action suits, has anyone heard from the folks in Frisco, TX and the Parole class action suit? We haven’t. We became concerned a couple of months ago when communication ended and the primary architect of this suit filed a parole related suit on his own behalf. Of course he claimed that, if he wins, it will help all similarly situated prisoners. We’ve heard that before and it appears that his appeal for “class members” was a way to bolster his own case and argument. That’s how we see it; let’s hope we’re wrong.
********************
The rally in front of DOC headquarters turned out pretty well considering how the effort was undermined by the “leader” of PAM who actually sent out an email to around 150 prison activists, legislators and press that the “rally has been canceled”. We’ll not speculate on the motivations but suffice it to say that the PAM leadership has developed a cozy relationship with Alfonzo Graham. I’m going to be generous here and attribute this stupid behavior to naiveté and a belief that “working with the system” will get something accomplished.

Hence the split and new organization called Prison Action Wisconsin. This split has been another frustrating setback in the organizing effort, but it was essential. Aside from the above described foolishness PAM was also heading down the “post release assistance” path intent on becoming another toothless organization looking to feel good about itself by “helping” returning prisoners. The mission of addressing conditions of confinement and parole abuse were becoming secondary to the mission.

PAW will remain focussed on the criminality of the DOC in their abusive treatment of prisoners; on the degrading and inhuman warehousing of our loved ones; on the utter failure of the DOC to complete its stated mission; on the merry-go-round of needed programs – parole consideration – early release – carrot dangling manipulation.

One of our comrades, 15 years in on an excessive 30 sentence just came up for parole. He had over 100 letters of support, letters from State Representatives, a letter from one of the jury members who was shocked at the original sentence. No conduct reports in over 10 years, a job waiting, family waiting, lots of support. He got a 36 defer. Just another example of the ideologically driven parole commission.
*******************
The ten year Critical Resistance anniversary conference in Oakland, CA was a great gathering of prison abolitionists and activists. Former Panthers, community organizers and young anarchists all came together for a weekend of networking and workshops. The primary message coming out of all the talks and workshops was ORGANIZE!!! Organize in the communities, organize in the prisons, organize, organize, organize.

Attending the CR10 conference reinforced the truth that PRISONS DO NOT SOLVE SOCIETAL PROBLEMS – THEY MAKE THEM WORSE. If you think prisons are about rehabilitation and punishment, you’re looking at it the wrong way, prisons are about controlling populations, poor populations. As our economies collapse and jobs become even scarcer, we can expect desperation and crime to increase. As state budgets tighten we will see a tug of war for funds; social programs will be slashed as repressive systems get funding, speeding up the regressive spiral. The next few years will be very interesting and if we prepare, if we organize, we will be able to resist the oppressive machine. We can either hang together or separately hang.

in solidarity, WPW & PAW

page 1,

*************************************************************************************

Employment Discrimination Based Upon Arrest and Conviction Record
by Dujuan Walker

In my last piece I discussed the John Doe Statute and how this statute may be used by prisoners to help enforce their rights. In this issue I will address a legal problem which seems to plague almost every prisoner upon their release to the community: Illegal employment discrimination based on arrest and conviction record. Many former prisoners are finding that employers are basing their decision not to hire strictly upon the former prisoner’s past criminal background. In many situations, as I will discuss below, this practice is illegal and in violation of Wisconsin State Statutes s.. 111.335 et. seq. If you are discriminated against based upon your arrest and conviction record, you may be able to recover damages in civil court AND get the employer to hire you at that place of employment. The following information is quoted directly from a fact sheet published by the State of Wisconsin’s Department of Workforce Development, Equal Rights Division (ERD-7609-P).

How does the law define (Wisconsin Fair Employment law, Wisconsin Statutes. 111.31-111.395) arrest record?
Arrest record is defined as information that a person has been questioned, apprehended, taken into custody or detention, held for investigation, arrested, charged with, indicted or tried for any felony, misdemeanor or other offense by any law enforcement or military authority.

How does the law define conviction record?
Conviction record is defined as information indicating that a person has been convicted of any felony, misdemeanor or other offense, has been judged delinquent, has been less than honorably discharged, or has been placed on probation, fined, imprisoned or paroled by any law enforcement or military authority.

Can an employer discharge a current employee because of a pending criminal charge?
No. An employer may, however, suspend an employee, if the offense-giving rise to the pending criminal charge is substantially related to the circumstances of the particular job or licensed activity.

Can an employer refuse to hire a person because or a record of arrests that did not lead to conviction?
No. An employer is not allowed to ask about arrests, other than pending charges.

What can an employer ask regarding arrest and conviction records?
An employer may ask whether an applicant has any pending charges or convictions, as long as the employer makes it clear that these will only be given consideration if the offenses are substantially related to the particular job. An employer cannot, legally, make a rule that no persons with conviction records will be employed. Each job and record must be considered individually.

Can an employer refuse to hire an applicant because of a lengthy record of convictions or conviction for a crime the employer finds upsetting?
An employer may only refuse to hire a qualified applicant because of a conviction record for an offense that is substantially related to the circumstances of a particular job. Whether the crime is an upsetting one may have nothing to do with whether it is substantially related to a particular job.

What is meant by substantially related?
The law does not specifically define it. The “substantially related” test looks at the circumstances of an offense, where it happened, when, etc. – compared to the circumstances of a job – where is this job typically done, when, etc. The more similar the circumstances, the more likely it is that a substantial relationship will be found. The legislature has determined that certain convictions are substantially related to employment in child and adult caregiving programs regulated by the Department of Health and Family Services.

What if an employer believes a pending charge or conviction is substantially related but the employee or applicant believes it is not?
In this situation, the employee or applicant may file a complaint and the Equal Rights Division will make a determination as to whether there is a substantial relationship, with either party having the right to appeal the decision.

Can an employer refuse to hire or discharge a person with a pending charge or conviction because other workers or customers don’t want the person with a conviction there?
No. The law makes no provision for this type of problem. The employer must show that the conviction record is substantially related to the particular job. Co-worker or customer preference is not a consideration.

Is it a violation of the law if the applicant’s conviction record is a part of the reason “for not being hired, but not the who!e reason?
Yes. A conviction record that is not substantially related to the particular job should be given no consideration in the hiring process.

How should an applicant answer questions on an application regarding conviction record?
It is best to answer all questions on an application as honestly and fully as possible, and to offer to explain the circumstances of the conviction to the employer.

Should an employer ask about the circumstances of a conviction during an interview?
Yes. An employer must obtain enough information to determine if the conviction record is substantially related to the job. If the employer decides there is a substantial! relationship, employment may be refused but the employer must be prepared to defend the decision if the applicant believes there is not a substantial
relationship and files a complaint.

What should a person do if refused employment or discharged because of an arrest or conviction record (that is not substantially related)?
Complaints about violations of the law protecting persons from discrimination because or arrest and/or conviction may be filed with:

State of Wisconsin Department Of Workforce Development Equal Rights Division
201 E Washington Ave. Room A300
P.O. Box 8928
Madison, WI 53708
Telephone: (608) 266-6860

819 N. 6th Street
Room 255
Milwaukee, WI 53203
Telephone: (414) 227-4384

For more information on this issue see, for example, County of Milwaukee v. LIRC, 139 Wis. 2d. 805, 407 N.W. 2d. 908 (1987). Keep in mind that the filing of a complaint with the Equal Rights Division is a prerequisite to filing any court action against the employer for refusing to hire you based upon arrest or conviction record or firing you because of arrest and conviction record. You have 300 days from the date of the incident to file a complaint with the ERD or else your issue is time-barred. In many cases, the issue is resolved without litigation ever being necessary. Many employers would rather just hire a former prison than deal with litigation by the former prisoner or his/her attorney. Also, the ERD may find during their investigation that the employer did in fact discriminate against you because of your past. Many employers try to cover it up by listing some false reason for refusing to employ people but still many employers will admit that they “Do not hire felons” or “Will not consider non-competitive (felon)” applicants. Either way, we need to make sure that these employers are held responsible for their violations of the law and crimes against the public.

******************

Census Bureau counts Wisconsin prisoners in wrong place; access to state and county government distorted
Prison Policy Initiative

The federal Census counts state and federal prisoners as part of the local population, and that creates big problems for state and local government, charges a new report by the Prison Policy Initiative.

“Governments rely on the Census to count the population so they can update legislative districts,” said Prison Policy Initiative Executive Director and report co-author Peter Wagner. The Supreme Court’s “One Person One Vote” rule requires that legislative districts each contain the same number of people, so that each person has the same access to government. “Unfortunately, the Census Bureau has counted 20,000 prisoners in the wrong place,” said Wagner.

Historically, Wisconsin’s state legislative districts are drawn by federal judges and far more equal in population than in most states. “Only 4 states drew more perfect districts” said report co-author John Hejduk. “But we found a district where 10% of the population is prisoners; that’s a problem 5 times larger than what the federal judges who drew the districts were trying to avoid.”

“The problem is even larger in some rural areas,” said Wagner. The report, Importing Constituents: Prisoners and Political Clout in Wisconsin, finds rural county and city government districts that are as much as 79% prisoners. “This allows the real residents of a district with a prison to unfairly dominate their local government.”

The report calls on Wisconsin to lobby the Census Bureau to change how prisoners are counted; and urges counties and cities with prisons to follow the lead of Michigan’s counties and draw legislative districts that are not based on flawed Census counts of prisoners.

Counting incarcerated people as residents of prison towns skews demographic data

Counting incarcerated people as if they were residents of prison towns leads to misleading portrayals of such communities.

Wisconsin has the second highest Black incarceration rate in the country,[4] and the fifth highest racial disparity in incarceration,[5] with Blacks 10.6 times as likely to be in prison as Whites. Counties with large prisons, though, tend to be disproportionately White: 87% of the state and federal prison cells are located in counties that are have a larger White population than the state as a whole. In Dodge County, 89% and in Marquette County, 91%, of the Black population reported in the Census is not residents, but prisoners.[6]

The prison communities also tend to be small enough that incarcerated populations are a significant portion of the total “residents” counted by the Census. Twenty-four percent of the population reported in the Census for Waupun City (in Dodge and Fond du Lac Counties) is actually prisoners at the Waupun, Dodge and John C. Burke Correctional Facilities. About 5% of the “residents” counted in Dodge and Jackson Counties are actually prisoners. In Marquette County, more than 8% of “residents” are incarcerated.[8]

There is also a geographic disparity in who goes to prison in Wisconsin. The residents of Milwaukee, Racine, Kenosha and Rock counties are much more likely to be incarcerated than the residents of other counties. The residents of Milwaukee County are more than twice as likely to be in prison than the average resident of the state, and more than 7 times as likely as the residents of prison-hosting Dodge County. Milwaukee County contains 18% of the state population and is home for 42% of its prisoners.[7]

The Census Bureau’s practice of counting prisoners as residents of the prison location complicates using the Census for demographic analysis of rural communities, but this problem is overshadowed by the serious damage the prisoner miscount does to state and local democracy.

Redistricting and “One Person, One Vote”

The basic principle of American representative democracy is that every vote must be of equal weight. When governments draw districts with equal populations, they ensure that each resident has equal access to government, no matter where she or he lives. When districts are of substantially different sizes, the weight of each vote starts to differ: in underpopulated districts, each vote is worth more, and in overpopulated districts, a vote is worth less.

The U.S. Supreme Court first declared that the “One Person, One Vote” principle applied to state legislative redistricting in the 1963 landmark case Reynolds v. Sims.[9] The Court struck down an apportionment scheme for the Alabama state legislature that was based on counties and not population. In 1960 Alabama, Lowndes County, with 15,417 people, had the same number of state senators as Jefferson County, with 634,864 people, giving the residents of sparsely-populated Lowndes County 41 times as much political power as the residents of densely-populated Jefferson County. The Supreme Court ruled that the 14th Amendment’s equal protection clause required that districts be drawn to be substantially equal in population.

Subsequent U.S. Supreme Court cases defined the limits of “substantially equal.” In White v. Regester, the Court ruled that the State of Texas was not required to justify how it drew lines resulting in an average district deviation of less than 2% and a maximum deviation of 9.9%.[10] Today, most states draw their districts so that the smallest district is no more than 5% smaller, and the largest no more than 5% larger, than the average district. This keeps the difference between the largest and smallest district within 10%.

Wisconsin has historically applied a much higher standard, drawing districts with a maximum deviation of less than 2%. Only four states currently have districts that are more equal in population than Wisconsin’s.[11] For three decades, federal judges have drawn the state Assembly and Senate legislative district maps. In 1982, at the first redistricting since the U.S. Supreme Court allowed Texas to have a population deviation of 10%, the federal judges who drew Wisconsin’s districts set a higher standard, explaining that “We believe that a constitutionally acceptable plan should not deviate as high as 10%, and should, if possible, be kept below 2%.”[12] The plan they drafted met even that high standard: “The deviation in our plan is a scant 1.74%.”[13]

In 1992, the court drew a plan with an even smaller total deviation from exact population equality: 0.52%.[14] In 2002, the court drew a plan with a deviation of only 1.48%, still within the 2% threshold established in 1982.[15]

Wisconsin rightly prioritizes population equality when drawing districts, but the Census Bureau has undermined these efforts by crediting thousands of prisoners to the wrong place.

page 2

*************************************************************************************

Freedom
by Phillip Torsrud
WCI, Waupun, WI

Many entities like taking credit for the freedom that the American people have. Politicians, the military, even the media at times use the mantra, “fighting for our freedom”. It’s a surprise that the scientists and engineers who develop our weapons don’t feel the need to explain that if they didn’t invent the atom bomb, stealth bomber, M-16, etc…, we would not be the “leader of the free world”. Perhaps the billions of dollars we spend on our weapons industries keeps them from wasting time explaining how much we need them to maintain our freedom.

The problem is that a free country cannot remain so if people believe that it is someone else’s responsibility to provide them with their freedom as though it were a service. The justification for personal freedom is that people have a conscience that makes them aware of the significance of being free and the faculties to exercise that freedom responsibly. When people lack a conscience or are irresponsible, they are sanctioned through a loss of freedom. This can range from taking away someone’s driver’s license to putting them in prison.

While sanctions have always existed, the current trend of legislating away personal freedom is a reaction to a tremendous number of irresponsible people who abuse their freedoms. Rather than do the real work needed to develop’ a society of educated, fully developed adults who can function in a free society, people are satisfied with simply reiterating the sanctions we’ve always had by passing a new law. This is an offered service, which only results in empowering the government. Does this address the dysfunctional nature of the people who abused their freedom? Empowering the individual to take responsibility for their community and self is the only workable solution in a free society.

Freedom is a revolutionary idea, and only in recent history became a social norm. As societies constantly organize and reorganize, whatever party takes on the power of the establishment in our ever shifting political landscape will try to control people, markets, ideas, etc… to serve their agenda. Therefore, the individual is always faced with the dilemma of conforming, or staking out their values against the herd of sheep who will trample over their own freedoms in pursuit of a leader who promises to do their work for them. Free societies depend on individuals with the backbone to reject these false promises and thereby manifest their identity and maintain their culture.

Today, Americans have a false sense of freedom that is manifested in style, not substance. Through the clothes they wear, the way they talk, tattoos, body piercing, or even riding a motorcycle, Americans like to present a facade~ of having a rebel mentality, implying how deeply they value freedom. Yet when a problem arises, the first institution they call on to solve it, is the government. No matter what the cost in freedom or money, only the government is thought of as having any problem solving ability.

In France, there are 63,000 inmates in prison, and 1,100 are for terrorist related activity. That works out to almost 1,000 inmates for every million people. Wisconsin would have around 5,000 inmates at those rates, but instead has over 23,000 inmates, and zero for terrorist related activities. Paris itself has more people that all of Wisconsin, and has more visitors per year than any place on earth, some of whom commit crimes.

After liberating France from the Germans, the French now value freedom more than Americans. In France, incarceration is only used when absolutely necessary. Why is it the last option? So that the government can invest in an educational system that is far better than ours, national health care, and an infrastructure that makes people want to go there to live or travel. It’s called having your priorities straight. Since the French are educated, they would never allow their politicians to use fear to turn their nation into a police state. Only people with a slave mentality would sacrifice their future by wasting so many precious resources on institutions that only offer the illusion of safety.

Freedom starts in the mind. it is an idea that once embraced becomes an attitude. When a sufficient number of people adopt that attitude it becomes a movement. When that movement is successful, a society begins to have institutions that reflect that attitude in their policies. The reason that America’s national anthem ends with, “in the land of the free and the home of the brave,” is because freedom and bravery go hand in hand. The freedom to live a worthwhile life will never be risk free. America will never be a free country until it stops living in fear.

**********

The Day My Mother Was Sent Away
by Wenona Thompson

The day my Mother was sent away

The day my mother was arrested was the beginning of my life’s destruction.

No one will ever actually understand me until their mother is legally separated from them.

I know what my mother did was wrong, or against the law, but I already don’t have a father now they done took away my mother.

I can’t seem to understand this, for where is my mandatory love, attention, discipline, understanding, and home education gonna come from?

A lot of people assume that my mother is the cause of these changes. But regardless of who cause such problems, the consequence are not solving them.

For so long I tried to make sense out of these state rules and regulations, but for some reason I can’t understand why there isn’t any alternative punishment for crime-convicted mothers with babies.

I know this may not be true, but is the state trying to rectify the problem, prolong it, or maybe just create something totally new? Hmm, I truly don’t know.

I’m now an older lady with children of my own, facing many issues not only within myself, but also the issues of my mother, who I impatiently await to re-meet.

I sometimes ask myself if this punishment my mother and I are receiving is accurate. In all honesty I say it is not, for this was my mother’s first offense and the crime was not violent.

But still, the state changed my life goals and also the goals of my mother, my children, and my sisters and brothers the day my Mother was sent away.

This story is one of many wonderful, heartbreaking stories excerpted from the zine:

WRITERS BLOCK: The voices of women inside

available from:
Women and Prison Program
c/o Beyondmedia Education
4001 N. Ravenswood Ave. #204C
Chicago, IL 60613

page 3

*************************************************************************************

The Revolution Will Not Be Televised
Gil Scott-Heron -1975

You will not be able to stay home, brother.
You will not be able to plug in, turn on and cop out.
You will not be able to lose yourself on skag and skip,
Skip out for beer during commercials,
Because the revolution will not be televised.

The revolution will not be televised.
The revolution will not be brought to you by Xerox
In 4 parts without commercial interruptions.
The revolution will not show you pictures of Nixon
blowing a bugle and leading a charge by John
Mitchell, General Abrams and Spiro Agnew to eat
hog maws confiscated from a Harlem sanctuary.
The revolution will not be televised.

The revolution will not be brought to you by the
Schaefer Award Theatre and will not star Natalie
Woods and Steve McQueen or Bullwinkle and Julia.
The revolution will not give your mouth sex appeal.
The revolution will not get rid of the nubs.
The revolution will not make you look five pounds
thinner, because the revolution will not be televised, Brother.

There will be no pictures of you and Willie May
pushing that shopping cart down the block on the dead run,
or trying to slide that color television into a stolen ambulance.
NBC will not be able predict the winner at 8:32
or report from 29 districts.
The revolution will not be televised.

There will be no pictures of pigs shooting down
brothers in the instant replay.
There will be no pictures of pigs shooting down
brothers in the instant replay.
There will be no pictures of Whitney Young being
run out of Harlem on a rail with a brand new process.
There will be no slow motion or still life of Roy
Wilkens strolling through Watts in a Red, Black and
Green liberation jumpsuit that he had been saving
For just the proper occasion.

Green Acres, The Beverly Hillbillies, and Hooterville
Junction will no longer be so damned relevant, and
women will not care if Dick finally gets down with
Jane on Search for Tomorrow because Black people
will be in the street looking for a brighter day.
The revolution will not be televised.

There will be no highlights on the eleven o’clock
news and no pictures of hairy armed women
liberationists and Jackie Onassis blowing her nose.
The theme song will not be written by Jim Webb,
Francis Scott Key, nor sung by Glen Campbell, Tom
Jones, Johnny Cash, Englebert Humperdink, or the Rare Earth.
The revolution will not be televised.

The revolution will not be right back after a message
about a white tornado, white lightning, or white people.
You will not have to worry about a dove in your
bedroom, a tiger in your tank, or the giant in your toilet bowl.
The revolution will not go better with Coke.
The revolution will not fight the germs that may cause bad breath.
The revolution will put you in the driver’s seat.

The revolution will not be televised, will not be televised,
will not be televised, will not be televised.
The revolution will be no re-run brothers;
The revolution will be live.

*******************
Et Cetera

Secondhand Hearsay

The editor of WPW was with a lawyer supporting a lawsuit initiated by an ex-prisoner. The lawyer mentioned an interesting story, as follows: He was at a dinner party with some muckymucks (judges, DAs, lawyers, etc.) including a high ranking member of the DOJ. The DOJ official told him that he knows the DOC is corrupt and they (the DOJ) were silently pleased that a few good lawyers and prisoners were bringing some of the abuses to light so the corruption can be weeded out. This story should be a shout out to all jail-house lawyers – give yourself a pat on the back! The work you are doing does matter! There is an understanding, throughout the system, that the DOC is out of control. Keep up the good work!

********

Institutional Inertia or, On the Job Training

A prisoner at WSPF created a disturbance at his cell door when he knocked his meal tray off the door trap, into the hall. Two guards were at the scene, a new guy and a long timer. After some words, the long timer kicked the trap shut. A day or two later the CR arrived indicating how the prisoner had misbehaved. Later, the prisoner asked the new guard why there was no mention of how the other guard had kicked the trap shut. The new guard said, “I included that in my report but the white shirt had me rewrite it, leaving that part out.” Lesson learned.

********

For Some, Rules Apply

Our friend Matlock sends us word from KMCI that Deputy Warden Beck went on a foul mouthed abusive tirade directed at a group of prisoners. This kind of behavior is specifically NOT ALLOWED and is unprofessional, so Matlock went looking for an Inmate Complaint form and discovered that retribution and cover-up are swift and sure. He received 4 CRs – inciting a riot, group resistance, failure to obey an order and, disruptive conduct. He was thrown in the hole and kicked out of his required program with only two weeks to go. After sending letters to the press and legislators and outside supporters, the two major tickets were dropped and he was offered a chance to start his programming over next month. The two tickets that remain are being contested and if we know Matlock, a lawsuit against Beck is smoking in the typewriter.

page 4,

*************************************************************************************

PRISON ACTION WISCONSIN
P.O.Box 05669
Milwaukee, WI 53205
prisonactionwisconsin@gmail.com

Parole Commission Chair Alfonzo Graham
Wisconsin Parole Commission
3099 E. Washington
Madison, WI 53707

Dear Chairman Graham,

Our group has developed the following five points to express our deep frustration with the policies of your office. A clear response to these points would help us begin to understand how the Commission functions. Many of these concerns were expressed with our signs and chants in front of your office on September 22nd but we wanted to more clearly articulate these concerns and offer you an opportunity to respond.

Thank you
PAW steering committee

What we Believe, What we Want

1. We believe the Parole Commission is keeping prisoners longer than the intent of the legislature and sentencing judges. We believe the Parole Commission is keeping prisoners longer than is good for them, their families, and the community.

We want serious and realistic parole consideration at the legislatively mandated parole eligibility date.

2. We believe the Parole Commission is ideologically driven and making parole decisions based on politics.

We want the “tough-on-crime” mentality within the Parole Commission to end and parole decisions to be made on the basis of what is good for the community and good for the prisoner.

3. We believe the Parole Commission operates in a capricious and irregular manner.

We want consistency, predictability and transparency of process. We want prisoners and prisoner families to know and understand exactly what needs to be accomplished by prisoners for a meaningful parole consideration.

4. We believe the parole criteria, “has not served enough time for punishment”, is too subjective, arbitrary and beyond the scope of the Commission.

We want that criteria eliminated, as the punishment time was determined by the sentencing judge who was aware of all the facts of the case and who was guided by legislative intent.

5. We believe the criteria for meaningful parole consideration are ambiguous and the commission has no “standard” for measuring a prisoner’s success.

We want the Parole Commission to develop a standard model of criteria that gives guidance to parole commissioners, prisoners and DOC staff on the “parolability” of individual prisoners.

page 5,

*************************************************************************************

Hunger Strike Continues
by Warren Lilly #447655
New Lisbon Correctional

A friend of mine, upon hearing that I’d been maced and tazered by the guards at New Lisbon prison, urged me to “make them earn their pay” by continuing my hunger strike. I appreciate the support. I’ve refused prison food and authority for over four years and will not bow down, even to escalating violence.

However, something bothered me about my friend’s statement of support. That something was his unwillingness to “make them earn their pay.” During my four years of hunger striking I’ve met hundreds of prisoners who’ve stood behind my strike, way, way behind it. So far behind that they actually became invisible. I could still hear their distant and muffled shouts of “Go for it!”, but I just couldn’t see who was shouting it.

Such distant support makes it impossible t fight anything but a very lopsided war. One where the enemy, the Justice system, freely and purposely destroys our lives while we, the prisoners, just as freely give up our lives and freedoms.

We cower in the face of the imagined indestructibility of our enemy. We make it easy for our enemy to scorn, despise, and abuse us. We believe their propaganda that says we we are worthless and powerless, and that they have the right to control and waste our lives.

We fear to take even the riskless chances to fight for freedom and life or to assert our personhood. Less than a hundred of the twenty-two thousand prisoners answered my call to fast with me on Sundays then to send our moralless governor a letter demanding change.

To those who fasted I send my heartfelt thanks and ask you to continue fasting and recruit others. Hold a “fast-in” after the skipped meals to gather and write letters of support for the cause and protest of imprisonment to the governor.

To those who fear to fast, I ask what risk is there in forsaking a meal in support of a stand, or writing a letter of protest? We have let our fears conquer our personhood and rule our reason, and by doing so have abandoned life and liberty in favor of the false safety of cowardice.

I’m reminded of the time in my youth when people would say “when the revolution comes I’m gonna…” Well, the revolution never came because no one brought it forth. Now, like then, people sit and wait for others to blaze the trail so that they can travel it without sacrifice, without difficulty, without personal strife.

I waited forty years for the revolution to come. I let the world go from bad to worse, and now at nearly sixty years of age, the truth has dawned on me, a very simple truth: If it’s to be, it’s up to me.

“If it’s to be, it’s up to me”. So powerful a revelation in such a simple and yet painfully obvious truth. A god is not coming to save me or make right the wrongs of others, good is not about to spring from bad nor virtue from evil, and the only thing that will happen to those who treat me cruelly is that they will prosper upon my misery. Those are the lessons of life. Another lesson, a hope filled one, is that those who strive for justice and peace and freedom achieve it.

The revolution is here, the revolution is now, do something to sustain it, stand up for something. Begin by reading the letter to the governor and understanding this protest, then hold a “fast-in” and get those letters mailed. Find a non-violent way to “make them earn their pay”.

Stop buying the propaganda that your life is worthless, that you are powerless, and that they have the right to control and waste your life. Stop cowering before the paper tigers and giant shadows cast by imperious runts. Abandon your fears, be driven by the simple truth, “If it’s to be, it’s up to me”.

******************************

REVOCATION: The Life Blood of Corrections
by Mike Weston #000155
RCI, Sturtevant, WI

Late in his tenure as secretary of the Department of Corrections (DOC), Michael Sullivan said on television that men would “No longer be sent back to prison for rule violations”. The sole exception to this radical mandate would be failing a urinalysis test, implying possession and use of forbidden head candy.

Given that the never-ending flow of humans returned to the doc as rule violators never ended, it is eminently logical to hold that king Tommy Thompson promptly called Sullivan and demanded of him a reply to “ What the hell are you doing!?” The new policy was silently rescinded…..

The king was erecting his prison empire and here one of his lap dogs was attempting to abort the birth by terminating the death march from liberty to the slow death chambers of the DOC.

Since some 54% of the prison population is comprised of probation and parole (P+P) violators, it is uniquely self-evident that the system would collapse were the DOC’s division of community corrections (DCC), under whose egis exist the apparatchiks of P+P, the agents, indeed ordered to cease revocating all those who have not violated a statute (and releasing now all those returned for violations).

When one rationally presumed sanity might crawl out from ‘neath the detritus of the king’s reign with the ascension to the throne of Jim Doyle, an alleged democrat who, erroneously it appears, was touted as left-to-moderate on social issues, all that really eventuated is that Doyle is the mirror-image of his supposed arch enemy and nemesis, King Tommy.

When it comes to “corrections”, both willingly sacrifice lives and untold wealth from the pockets of citizens. So as to maintain the prison empire at its artificially inflated state of over 22,000 prisoners.

Tommy did it deliberately, Doyle is too afraid to end the farce which has the DOC at least twice the size it should be by all rational and realistic determinants. For example, Minnesota’s prison population is 7,000. Wisconsin and the Gopher state are virtual clones in that all of the relevant demographics are mirror-images of one another.

The populations are the same, numerically, racially, economic status, education and the like; crime rates and offenses categories match well as do arrests and convictions. And yet, Minnesota knowingly incarcerates two-thirds less people than “wonderful WIsconsin”. Why here?

Indeed, on a per capita basis, Wisconsin is a “leader” in locking way human beings, despite the fact that our crooks, as a rule, are virtual “pussycats” compared to criminals in most other states! For instance, which Wisconsin warden would “trade” his prisoners one-for-one with the warden of San Quentin? Again, why here?

In the December 2007 issue, in their article on parole and politics in WIsconsin, the authors provided the answer by quoting U.W. Law professor Walter Dickey’s public statement; “men are being kept in prison because of money and politics”. Obviously, they cannot be kept there if not first sent there…. and remember, Professor Dickey was the first DOC secretary, he knows of what he speaks – while Doyle and State and Federal Justice personnel ignore the criminal activity implicit in Dickey’s charge.

The criminal justice” and “corrections” systems are growth industries and are subsidized by Wisconsin and federal funds flooding law enforcement and corrections like hurricane rains. No other industry has the stability, money and growth potential of the DOC – the fat sow at the public trough gulping down more tax dollars than any other element of Wisconsin government.

The plethora of “correctional” facilities planted throughout the kingdom by Tommy are the cash cows for the locales in which they fester. Tommy gained power and support from weed beds as well as “rewards” from the Federal government for locking up everyone in sight, i.e., the poor and minorities, and bribes from construction companies and others building and equipping the prison empire: they donated millions to Tommy’s campaign, to his puppet successor, McCallum, and to our “enlightened” current governor, remember “money and politics” rule in sending people to and keeping them in prison…

There is a distinct racial factor in all of this: Milwaukee and Racine, more than other counties, deny legitimate opportunities to minorities and then jail them at record rates when they rebel at being suppressed and denied their humanity.
It is fully documented that WIsconsin owns the nation’s highest incarceration rate of minorities: further, over two-thirds of Wisconsin prisoners are African American. Another effect of racism is that many lack educational levels commensurate with their ages. This debilitation is both aggravated and reinforced by the deficient, nickel and dime DOC education system which is little more than a mill grinding out “graduates” now blessed with a GED certificate signifying nothing of merit.
These “programs”, completely devoid of substance and depth, are offered under the guise of “rehabilitation”, but are either debilitating or serve simply to reinforce the criminality they purport to treat.

The manifest and cumulative results of incarceration, ever demonstrable, are in fact the stated reinforcement of criminality leading to the DOC’s egregious failure to redirect the lives of prisoners. The goal of the DOC (it is clear), its very raison d’etre (reason for existence), is infact to ensure recidivism.

The methodology is simple: The economic and political systems create criminals, their “criminal justice” system sends the felons to the DOC which later sends those people to the DCC who then seek out petty, trivial or false “reason” to revocate one’s liberty. The DCC files revocation papers with the third leg of this eternal triangle, the department of administration’s division of hearings and appeals who send the violators back to the DOC!

Once the revocation process begins, fughetdaboutdit! administrator David Schwarz rarely reverses a verdict to revoke liberty: he and his boss, DOA secretary Mike Morgan, are also Doyle lap dogs ordered to revocate as many probationers and parolees as possible to maintain the inflated prison population.

The system is clear: send people to the DOC, reinforce their problems, send them to the DCC, find “reasons” to revoke, send them to DOA’s hearings and appeals who then ship them back to the DOC – round and round she goes, where she stops is the permanent count of 22,000 humans in prison on a daily basis.

Doyle prides himself on adopting two African American boys and on his support for Senator Obama, while he oversees a racial disaster in the state and in the DOC – his DOC.

Doyle and his crew fear that if the river to nowhere ended, half to DOC would shut down: that is not true. Every facility is overcrowded, if all rule violators were released each facility would still have all their beds filled when they go from the current four, three or two in a room to single man rooms.

This would free up the people, time and resources to truly attempt to help those in prisons sent by the courts, not DCC and DOA for a rule violations.

Governor, implement Sullivan’s aborted policy to not revocate for rules violations…

**********

WANTED – ARTWORK BY PRISONERS

Wisconsin Books to Prisoners was the recipient of a powerful set of posters created by 20 printmakers from the JUSTSEEDS Visual Resistance art collective. These posters were created in anticipation of the 10th anniversary of Critical Resistance, a prison abolitionist movement, and call attention to the human rights catastrophe in U.S. jails and prisons, and the use of policing, prisons and punishment as a “solution” to social, political and economic problems.

The posters and artwork by prisoners will be displayed at a gallery in Madison –mostly likely in February of 2009. Art that addresses the condition of prisons and the daily drudgery and cruelties of prison life would be particularly appreciated.

Please do not send anything that you want returned or is not copyright free. Also, please let us know how you wish to be (or not be) identified. Many thanks in advance to those who make contributions to this event.

****************************
Inmates Bring Civil Rights Class Action Against Becker County

Becker County, Minnesota and several of its law enforcement officials are facing a civil rights class action lawsuit. The suit, brought by inmates at the county jail, alleges that the county illegally monitored and possibly recorded confidential and privileged telephone calls between inmates at the jail and their attorneys.

According to the suit, the inmates of the jail and their attorneys are informed in writing that attorney/client telephone calls are confidential and consequently not subject to monitoring or recording. However, the suit alleges that illegal monitoring of telephone calls to discuss inmates’ cases has taken place, and the information gained has been used against the inmates during prosecution.

Editor’s note – This article caught our eye because we heard from a comrade at WSPF who discovered that a privileged phone call made to his attorney had been recorded. We called the warden who confirmed that “all day room phones are monitored and prisoners calling their attorneys from those phones should not expect privacy”. He also said that “we are going to post this information at those phones.” The signs were not yet posted a week after our conversation with the warden.

page 6.

Advertisements