Pell Grants to Be Restored for Prisoners

This is (the beginning of) very good news.

From Wall Street Journal:

Obama administration plans a 3- to 5-year test to see if college classes help reduce prison recidivism

By JOSH MITCHELL and JOE PALAZZOLO
July 27, 2015

The Obama administration plans to restore federal funding for prison inmates to take college courses, a potentially controversial move that comes amid a broader push to overhaul the criminal justice system.

Read the rest here.

Nevada Jurisprudence and Prison Report Vol 2, No. 5 (Summer 2012), published Dec. 2012

Nevada Jurisprudence and Prison Report

Vol. 2, No 5      “Veritas in Caritatis”            
Summer Issue 2012

THEME: “Audi alterum partem”
Listen to the other side!

“Voice of the Nevada Jurisprudence and Prison Report”
E-mail:  nvjprudence@gmail.com  
http://nvjprudence.wordpress.com

Statement of Purpose:

The NJPR Newsletter reports on current prison conditions, good and bad; more importantly it looks at and evaluates the legal processes and the substantive laws which are designed to keep men in prison: Pre-trial issues, probation and parole policy, sentencing structures, post-conviction law, and most important, the philosophy underlying policy in practice.

The purpose of the NJPR Website is to provide a repository of affidavits, declarations and grievances in Web-Dossiers organized by categories of intuitional behavior. Fundamentally, this is a whistleblowing organization trying to associate with other “transparency” projects at an intrastate, national and global level. We seek to identify patterns which can be utilized by the U.S. Department of Justice.

We invite any resident, and especially judicial officers of the Courts and government Administration to write letters to the NJPR.

Index to this Issue:

Section One: Conditions

1. Civil Actions Against NNCC Law Library Closures
2. Parole News: AB 85 Committee Report, Aug. 20 2012
3. Compassionate Release DOES Exist?
4. Cop Beaten by Inmate

Section TWO: Law, Equity and Policy

1.     Ex-Con Travel Passport Policy
2.     Quis custodiet ipsos custodies? Administrative Law Loopholes

Section Three: Art, Culture, Education and Religion

1.    “Christian” Hater Habits and Correspondence Policy
2.    Inmate Intellectual Activities at Rock Bottom
3.    Call for Fast Against Injustice
4.    Thoughts on Henry David Thoreau

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Section One: Conditions

1)   Civil Actions Against NNCC Law Library Closures

The prisoners at NNCC have voiced their grievance at both the Federal District Court and the local district state court. The Federal petition was kicked to the curb  apparently. The local action taken was a writ of mandamus/alternative. The court tried to chill the inmate litigants by illegally demanding a federal level of proof of indigency.

The closure of the law library is conjectured to be a long-range plan to lock-down the last remaining medium custody yard in the Nevada system. At this writing, the plan is to create a level system here, which is usually reserved for high security situations. The administrator has just informed the Prison Industry workers they will be moved from cell-designed unit four, to a barn designed unit 10. The battle against state sovereignty begin.

2)   Parole News: AB 85 Committee Report, Aug. 20 2012

The Nevada legislature created in 1999 an Advisory Committee to study the draconian sex laws and the registration requirements. NJPR wrote to the Legislative Counsel and received the minutes of its second report. The committee is monopolized by the “criminal justice community” members and under the dominium of the Executive branch Attorney General.

The meeting minutes express with great satisfaction that their laws now conform to the Federal SORNA, which threaten individual states with a 10% loss in Federal Justice Assistance Grants. The Parole and Probation Department come into the prison to break the “happy” news about the decrease of liberties for released inmates condemned for sex crimes, leaving behind public information pamphlets on the subject. The Legislative Counsel refused to send additional documents (exhibits) of the AB 85 Committee, instructing us to contact the boss of the Committee, the Attorney General. Separation of powers issue seem to be implied.

3)   Prisoner Let Go on Compassionate Release!!

Some months back, NJPR reported on the lack of statutory authority for releasing men to families to die. Our old friend Doug died stuck on the yard we reported; but recently another very ill man was actually let go! Which is great, but what is the procedure? Is it a new procedure? Is it covered by an Administrative regulation, or by legislative statute? Or does it come under the common law of executive clemency of the executive branch chief, the Governor of the State of Nevada?
              To be continued…

4)   Cop Taken on in Fisticuffs After Taunting Inmate Complaining of Broken Property

The custody managers of the prison decided to do a deep search of a barn-like housing units at NNCC, and the staff well instructed by their supervisor to be zealous. The result was the destruction of the property (some say it was a trivial Styrofoam dinner tray) of an inmate, who went up to the unit officer in a rage, yelling about his loss.

The officer did not respond with an apology about the breakage and the inconvenience. The officer responded with aggression and a throat of immediate arrest and placement in the “hole”. The inmate apparently took the Cop’s aggressive comments to be an invitation to have a boxing match, and commenced to pummel the officer to the ground. Why taunt? Is it smart? Is it respectful? Is it prudent? Is it in accordance to the Code of Professional Conduct?

Section Two: Law, Equity and Policy

1)   Felons and Ex-Felons, and Foreign Travel

We still receive lots of inquiries about the truth of U.S. Passport policy. This is taken verbatim from a letter from San Francisco Passport Agency:

“Indeed, the information you received is correct… Felons and ex-felons are allowed to apply for and receive passports; but please note there are exceptions to this rule. In certain circumstances, felons and ex-felons are given a “namecheck hold” status (depending on the specific circumstances) by law enforcement and when we receive a namecheck hold we are required to have these applications approved by our legal department  in Washington D.C. If legal approves these, we issue the passports. If legal does not approve these, we do not issue the passport and send the applicant a letter and advise them that their passport could not be issued at this time. Please note that in these circumstances, no refunds are given.”

2)   Quis custodiet ipsos custodies? Administrative Blind spots

There used to be, among the American people, a healthy distrust of the individual states. The people were wary of the state’s disrespect and disregard for constitutional rights of the United States, and would look to the federal government for the vindication of those rights. But the states have been able to utilize the coercive power of mass media to create a unanimous identity between the American individual person and the nation-state. This identity between the “people” and its government is the hallmark of the “totalness” of a totalitarian nation-state. But this merging of identity is an extremely new phenomena, and infects both camps of the struggle between “federalists” and “state’s rightists”. The first identifies with the federal government, the second is loyal only to the local despot over the federal agent. The tension of this social conflict is perceptible in the Supreme Court of the United States, especially in the Marshall-Brennan era.

For a good illustration of the attitude creep over time, let’s look at a passage from Coleman v. Thompson 501 U.S. 702, in the dissent of Blackmun, Marshall and Stevens. This is a case that “states rights” philosophy continues the trajectory towards totalitarianism through “its crusade to erect petty procedural barriers in the path of state prisoners” seeking justice in the federal courts, by creating a “Byzantine morass of arbitrary… impediments to the vindication of federal rights” but the right being eroded, the right to come to a higher law, springs from a duty, as all rights do—the duty of the federal courts to keep a vigil over the state’s treatment of its citizens. About the source of this duty, Blackmun notes: “Indeed the duty arose out of a distinct distrust of state courts, which  this court perceived as attempting to evade federal review.”

This distrust reflects the truth of power, and the high degree of corruptibility of governments at local levels, and the higher likelihood of the breakdown of the Republican form of government that prohibits the merging of the branches into a “total” state at the local level. It is a prudent habit of caution and the intellectual virtue of circumspection to “distrust” the political seats of power in the shadows of localities. Even the federal district courts are subject to passively give in to the pressures of the various pressures of the executive and legislative branches.

This healthy intellectual distrust of local governments is evident in the Supreme Court insofar as there are judges on that bench that have not swallowed the mythology of the “states rights” doctrine. The Supreme Court is more impossible than local courts due to three things: the dignity of the institution, the extremely high public visibility, and lack of local connections that could influence its Justices. These natural political prophylactics against corruption are not present in local state courts.

And they are not present in state prison mechanisms of local “justice communities”. Normally, both state and federal executive branch agencies are constrained by the Fifth and Fourteenth Amendments (respectively) to provide due process in the formulation of agency rules and the actions these agencies carry out upon the non-governmental social agencies of the Executive branch, although authorized and funded by the legislature.

But in Nevada (and probably many other states) the prison administration is EXEMPT from normal public participation, oversight and scrutiny as provided for by it Administrative Procedure Act. Nevada Revised Statute 233B.039 (1) (b) EXEMPTS the Nevada Department of Corrections from its rulemaking guidelines. Of course, the effect of this exemption is to make its operations invisible and secret. Even though Nevada has grand jury statutes that permits them to enter into prisons, this is a very rarely, if-ever-used vehicle to draw prison officials into the light of public scrutiny. The only reliable public participation in rulemaking by prison officials has been the end-user, prisoners themselves. But since local courts are now so much under the thumb of the executive and legislative branch, very little justice comes from courts. But that is all the more reason to keep up the good fight!

Section Three: Art, Culture, Education and Religion

1) Ely Chaplain Transfers to NNCC with Hater Habits

Chaplain Stogner came to NNCC after being brainwashed into Ely-style institutional hatred of human beings called inmates. His first Jesus-loving act was to tear down the Chapel schedule and cancel all “inmate-led” services and violated AR 810.3-7A “Inmate Facilitators”. Then he disinfected the chaplain office, installed a huge stereo-system apparently so he can thump his bibles to the beat of Christian-rock (a bizarre oxymoron).

A lawsuit is pending on several issues against his acts. One issue regards a threat he issued to an inmate for writing to the Roman Catholic Bishop Randelph Calvo. To make the story short, the inmate said “Reeaally?” and wrote a letter to the U.S. Conference of Catholic Bishops, who wrote an e-mail back as follows:

“… Nevada State prison inmates corresponding to and receiving letters from ordained clergy who are also volunteers at the correctional center of the inmate, correspondence is permitted regarding religious matters of faith and morals. When this kind of communication occurs the ordained clergy is acting in the capacity of a professional for the Church and not a lay volunteer.”

As mentioned above, NRS 233B.039 (1) (b) exempts the Department of Corrections from the watchful eye of normal administrative rule-making and adjudication. This creates a dark shadow where citizens hired as staff are invited to be “role models” of the typical consumer culture I-do-what-I-want attitude!

2) Broken Record Tactics: Give Men Something to Do

The first thing Charles Dicken’s noticed about the Philadelphia experiment of mandatory solitary confinement was the amazing creative output of the inmates. The only alternative to stark raving madness was for the wardens of the … to give the inmates opportunities for intellectual stimulus and things to do with their hands.

The Nevada policy is to drive men stark raving mad so that the resulting raving madness can become propaganda that brainwashing (by mass media) the public mind into believing inmates are sub-human, the worst-of-the-worst. Many other “states” have the same policy. Any state that has such a policy has no right to the name or status of “state”. The state has turned into a “nation-state”, which is more of a civil religion than a state, according to contemporary thinkers like.

NNCC has lost its Toastmaster’s International group, the Blue Eagles Gavel Club, all of its inmate led religions programs, all college level course offerings, all of its Alcoholic Anonymous meetings led by inmates and has reduced all inmate activities to psycho-Therapeutics or “programming”. They leave open the gym, organized sports and pool (billiards). Of course also the typical prison “weight-pile” for the bodybuilder cult. But if a fellow would like to buy a Great Course college class, that seems to be excluded by the “safety and security” of the institution.

3) Fasting as Social Action and Prayer for Justice

The Nevada Prison News (NPN) ran an article in its last issue (Summer 2012, p. 5) by SAMAEL, who calls on the audience of that Zine for a fast against the terrible conditions of Ely State Prison. The editors of NJPR are in full support of this. Mahatma Gandhi kicked out British oppressors by his practice of Satyagraha. In the ancient prayer practices of the Roman Catholic, and other Eastern Christian Churches, fasting plays a major role. There are entire seasons of fasting-prayer (Advent before Christmas and Lent before Easter). Every week there is a required fast on Fridays, and the Saturday night before Sunday Mass. The word “breakfast”  refers to the nightly fast of the monastic tradition—break-fast.

The important part of the fast is the intentionality, the “giving” aspect of the suffering that accompanies a fast. There are three kinds of ends to prayer in the Christian monastic view: purgative, the illuminative and the unitire. Fasting can be used to any of these ends. By fasting for the purging of an injustice in the world, we are using petitionary prayer.

Now, there is a doctrine of equity and natural law called the doctrine of clean hands: he who asks for justice must DO justice. If we are unjust ourselves, how dare we approach the almighty Creator? So, the intention for justice must be universal—we must wash our hands of our own injustices at the same time as the purging of social injustices in a specific sense.

So, that being said, this editor will offer up and participate in fasting toward any end (if good) suggest by other Nevada prisoners.

4) The Civil Religion of Henry David Thoreau
           
In the famous essay “Civil Disobedience”, Thoreau drops numerous memorable one-liners and gnomic phrases. For example here is one that should tickle the ears of inmates: “Under a government which imprisons any unjustly, the true place for a just man is also a prison”. How about this one: “Even voting for the right is doing nothing for it”.

And this: all men recognize the right of revolution; that is, the right to refuse allegiance to, and resist, the government when its inefficiency or its tyranny are great and unendurable”. These are all reiterations, not to poorly spoken of principles of natural law Andthis is my “The mass of men serve the state thus, not as men mainly, but as machines, with their bodies… In most cases there is no free exercise whatever of the judgment or the moral sense”.

All of this secular wisdom is for naught, and completely nulled out by the following declaration: “There will never be a really free and enlightened State until the State comes to recognize theindividual as a higher and independent power, from which all its own power and authority are derived, and treats him accordingly”. It can be, and has been demonstrated that there will never be a really free and enlightened state, period! Just like there will never be a man who is an angel, or impeccable (never making error).

The American writer looks at the state from an epistemological perspective, which really is the wrong category to use as a measure (although it continues to be the measure, which explains the wholesale acceptance of modern masses on the omniscient levels of “knowing” by the Homeland Security domestic surveillance program).

The correct category to use is merely Justice, and that is harder to reach perfection in than the techniques of government surveillance. So, as ear-tickling as Thoreau’s quips are, that is all they are. His mind is an early-middle stage onset of immanentism, and this means the loss of the imagination’s power to conceive of the true Power and Authority of the universe. If one cannot do justice to that One, how will justice be done in a plurality of men?

New Blog Spartacus Project of Nevada comments on Timothy Redman´s violent death

We have a new website in our midst of Nevada prisoner advocates and human rights abuse watchers:

The Spartacus Project of Nevada has joined the ranks, and is now online at this address:

<a href="http://spartacusprojectofnevada.blogspot.com
/”>spartacusprojectofnevada.blogspot.com

Following the terrible news of the violent death of Timothy Redman in Unit 3 of Ely State Prison on November 18th, 2009, The Spartacus Project of Nevada`s Director Don Hinton wrote the following comment:

It is time for this abuse and foolishness to stop!

I have corresponded with Mr. Redman in the past. His crime was terrible, but he deserved better than what he got from Ely State Prison and E. K. McDaniel, warden of that sump hole prison. Mr. Redman’s treatment is pervasive throughout the Nevada Prison System, and there are many examples to show this treatment is extensive. Revert back for a moment to the Report of Doctor Noel on Ely State Prison’s medical treatment of prisoners–that were left to literally rot to death, because the prison’s medical staff, and the warden, refused to give medication to prisoners.

Tim Redman was a young man when his crime was committed and received no help while in prison. Tim needed psychiatric help, not murdered by the hands of his keepers. His death was calculated and preventable. This is what Nevada has to look forward to today and in the future: “Murdered in Nevada’s prisons by Nevada Department of Corrections guards and administrators”.

Nevada’s Department of Correction, their employees and their director is beyond disgraceful–they are pathetic, and Nevada’s voters are permitting this behavior to continue. Aren’t we all so proud? OK, Nevadan’s, remember this: “Paybacks are a bitch”.

The picture we display of Mr. Redman, where the side of his face is torn off, was obtained by Ms. Mercedes Maharis, of the Spartacus Project of Nevada–from the district court in Ely, Nevada. This photo was labeled by Warden, E.K. McDaniel, of Ely State Prison: as “a trophy photograph”.

Way to go State of Nevada! Aren’t we the proud Nevada Citizens to have such great wardens and employees of the Department of Corrections? One could almost wonder how these men, Nevada’s correctional guards and wardens, treat their wives and families–couldn’t one? We know how they treat Nevada’s prisoners.

Does any citizen believe this type treatment towards prisoners is going to make them safer from the prisoners scheduled for release–when they are released from prison, with $20.00 in their pockets to start their lives over? Wake up Nevadan’s–this is your tax dollars going down into the pockets of the Department of Correction’s pay checks. You are not getting a good return on your dollars.

The harsh reality of life is the example you see everyday. Do you want this same treatment the prisoners receive from Nevada’s prisons to be brought home to your parents, grand parent and/or children, and possibly–YOU? Only you can stop this abuse, before it is at your door step, thanks to the department of corrections. You might want to think about this for a minute–it is just a heart beat away. It is time to get this Idiot Governor to wake up to the reality of what is being done to Nevada’s prisoners by way of “Legal Rehabilitation”. He needs to fire the entire department of correction’s administrators and many guards, and start over with decent human beings as “keepers of Nevada’s errant ones”. If not, do not expect things to get better and your tax dollars going to more deserving programs.

It is time for this abuse and foolishness to stop!

Donald Hinton. Sr., Director
Spartacus Project of Nevada

No change


This letter or essay was taken over from Nevada Prisoner Voice:

The news of the legislators failing to arrest corruption in Nevada prison is not surprising. And I doubt they will until their hands are forced. Either by public outcry, or something else. Were they to start drug testing for guards (inmates are regularly tested) half would quit before the ink dried.

I believe you may have misunderstood some things I wrote you last. Trust I know more than most we can’t do anything without you on the outside. I say the future of prison and judicial reform lies with the convicts themselves, because there are so few of you out there who care.

Society views us as permanent outcasts. There is no interest in us redeeming or educating ourselves. Indeed the state officials, fear mongers they are, say to society that we will only misuse our knowledge, if allowed to educate ourselves to our natural impulses. The reality is that it is they who are afraid. That if we educate ourselves on the truth, we will tear down these walls, put an end to this mad house of misery and pain.

As technologically advanced as we are, we are not an enlightened society. We are a society filled with anger and hatred, built on insecurities.

Nothing happening now is new. England’s penal history gives us a clear view of where we are headed. Poor people desperate to feed their families getting their hands chopped off for stealing a loaf of bread. Today, instead of chopping off our heads, because that wouldn’t be profitable, they’re handing out life sentences like it’s nothing. And the more laws we create the more corrupt we become. Our job, our obligation, those of us who know and can see the truth, is to help people realize no matter how much time in prison you give a person, if the conditions do not change, if the convict remains uneducated, unskilled and unloved, his/her return to crime/prison is inevitable.

The only real solution to crime is judicial/prison reform and early prevention. Putting an end to the disparities in the education system. The quality education and programs available to children in affluent communities, and the lack there of in poor communities. A new curriculum to install pride and self worth based on good deeds rather than materialism, and appreciation for all peoples, encouraging leadership and innovation. Right now many young people, especially of color, can’t relate to what’s happening in the schools, which in reality is only giving them enough to be good workers for rich people. We have billions of dollars to bail out these fat cat corporations, and billions more to manufacture these bullshit wars/nation building. Then we have money to create more (relevant) programs for young people in the hood.

Fix this broken juvenile/foster care system. Give grants to community organizers, and more job training. These are the types of things that will cut down on crime free health care for our citizens, free education.

Being uneducated does not equal ignorance or lack of comprehension. Level of education does not determine a person’s worth. I know many men in these pens who have no education, but they are hungry to learn.

The question is who will teach them. It hurts my heart to see so many young people taught so many lies. That their worth in this world relies on the material. How to prey on each other rather than embrace each other. That our women are bitches, undeserving of respect or love. It hurts to know I am a citizen of the richest nation on earth. Living next to one of the poorest, an example of man’s cruelty to man. The people of Haiti are suffering horribly, and we do nothing. I noticed there were some new comments with the piece about the gang trial. Some of those comments are very telling to the ignorance and deep-seated hatred so many people carry inside. They need someone to blame, someone to feel better than. This is the psychosis of a capitalist society. Which is really an expression of man’s insecurities. Why would one man want more than he needs to live and provide for his family. Why do people create items of luxury that serve no purpose other than to scream out, “I have more than you, I am better than you.” The machine spits out misinformation, and by the insecurities of man, his ignorance, he is manipulated.

Ely State prison — a.k.a. — “the cemetery,” is the worst prison in Nevada. There is no regular every day pissing on the guards. The convicts here do not condone such vile acts. On the rare occasions when it does happen, more than not it’s an act of desperation. Locked behind these doors 24/7 the guards feel free to disrespect and dehumanize these men. Just in the time I’ve been in the unit I’ve lost all contact with my daughter because the guards are too lazy to pass out the phone. And if you complain, well, you don’t get the phone or anything else. I could write you a laundry list of all the games and psychological bullshit these guards do every day, that we must deal with.

For those ignorant enough to say well that’s what you deserve for breaking the law, well, I’m in prison for something I didn’t do. But that’s irrelevant. My response is this: just as we are men, we are human beings. When you treat human beings like animals, in time they will begin to act as such. And what happens to the sadistic boy who teases the tiger in its cage. Pokes it with his stick, throws rocks and firecrackers. To the boy it’s only a game. But when the tiger leaps the walls of its cage, then we all learn it’s not a game. People must realize these are human beings were talking about. Most of them will get out of prison one day. And when that day comes, who do you want to see, the man or the tiger. So the people should be concerned what’s happening in these prisons, how these men (human beings) are being treated. Prison is their punishment, not death by 1000 cuts, or medical neglect, or to be driven to insanity.

Imagine the madness it takes for a man to handle his own feces, to collect his own urine, and to mix this vile concoction together and throw it on somebody. Imagine the desperation. Again, this does not happen often. And if we were not locked in the cells 24/7, it would not happen at all. The older convicts wouldn’t allow it. But when it does happen, just like any other act of violence against prison staff, 99.9% of the time it is “not” unprovoked.

Corruption among the guards. Many of them who participate in gang activities or show sympathies toward white racist groups like the skinheads, etc. They were not somehow brainwashed or recruited. They came into the job with that. And they don’t smuggle in drugs out of fear or coercion. They do it out of greed! A house and nice car aren’t enough. They want a bigger house, nicer car, the latest high-powered rifle to hunt and kill defenseless animals for sport. They talk about it every day, what animals they killed, their guns, the latest thing to dress up their trucks. In the worst economy in our lifetime these guards have good paying, secure jobs. But all they do is complain all day and sit on their asses. I’ve never seen people get so much for so little and complain about it. Not that there are no decent people working in these prisons. But they are often manipulated by the us versus them argument. When they do tell the truth or speak out on behalf of the inmates, they end up either fired or ostracized.

Marritte Funches 37050
P. O. Box 1989
Ely, NV. 89301

P. S.
Peace is not the absence of trouble.