A year of Massachusetts Criminal Justice

The good, the bad, and the very very ugly. These are some things that stood out for me in 2013, and with them, I wish you all a Happy New Year.

Image and video hosting by TinyPic
1. Wonderful news for every prisoner who managed to get out of prison, stay out, stay clean, promote a worthy cause, get a job, heal/end negative relationships, and/or make a healthy start: bravo.

2. Thankfully Massachusetts has finally improved on a federal law. We struck down life without parole for juveniles: The ruling goes farther than the Supreme Court decision in 2012 that struck down automatic sentences of life without parole for juveniles per The Boston Globe.

3. Massachusetts raised the age of juveniles — finally — from 17 to 18. As of July, 2013, 37 other states had already raised the age so juveniles would not be tried as adults. But in Massachusetts, a child of 14 who kills can stil be tried as an adult. (What say you, progressives?)

4. Annie Dookhan went to jail for her part in the state drug lab scandal but how many assistant district attorneys did not? And why is there still such silence about this? Apparently, the moola — $8.5 million already spent to deal with this and Legislature setting aside an additional $8.6 mil — and putting innocent people behind bars and releasing people who may or may not be ready is all gonna fall on her shoulders.

5. The Department of Correction started to search visitors at state prisons with a new dreadful policy which I wrote about in October: “Prison Visitors Sniffed by Drug Detection Dogs: This isn’t a Fix”. And now, thanks to the fight by Lois Ahrens of The Real Cost of Prisons Project  (RCPP) and the gritty legal work of Prisoners Legal Services of Massachusetts (PLSMA), there’s a lawsuit in the works.

6. Speaking of PLS, they were part of a campaign to end the high rates of phone calls for prisoners to contact their loved ones– a real travesty. Easthampton’s Prison Policy Initiative also did important work on the prison phone industry, was mentioned in a New York Times editorial, and helped to collect 36,690 petitions to the FCC. They ruled on interstate rates on August 9th and have not yet ruled on intrastate rates.

7. Shackling female prisoners while giving birth once again came up at an important hearing held at the Massachusetts State House in December. Per the Telegram and Gazette “‘It is inhumane and puts the woman’s and the fetus’s health at risk,’ said Megan Amundson, executive director of NARAL Pro-Choice Massachusetts.”18 other states ban the practice, but not Massachusetts. For more important info about this, go to The Prison Birth Project.

8. Perhaps the only good news from the horrendous three strikes bill Massachusetts passed in 2012 were some sentencing reforms for those convicted of drug crimes. As FAMM Massachusetts wrote “About 1,500 Massachusetts drug offenders became eligible for parole, either at an earlier date or for the first time ever. Other prisoners serving drug sentences have been released early because they could finally use their earned “good time” credits to shorten their sentence.”

9. Of course that brings us to the Parole Board. As I wrote in “Locked Up and Nowhere to Go,” our Parole Board is still not releasing prisoners at a healthy rate of parole. There are many 5 year setbacks for lifers and many instances of not following best practices around the country as the White Paper on parole showed us this year. We have an opening — still not filled in months! — and we need someone with expertise in drug and alcohol rehabilitation.

10. Meanwhile, prison construction has not stopped in Massachusetts (proposals for expanded jail in Chicopee and expansion underway in Billerica for starters), and in 2013, there began a major push by RCPP, Families for Justice as Healing, the Massachusetts Women’s Justice Network and others to fight: H1434, a Bill sponsored by Rep. Kay Khan and co-sponsored by Rep. Denise Andrews and Jason M. Lewis, which says “There shall be established in Middlesex County, a Women’s Pretrial Facility. Said facility shall be operated, administered and staffed by the Middlesex Sheriff. The facility shall house women convicted of a crime that provides for a house of correction sentence and women detained while awaiting trial.” Lots of reasons why this makes no sense. Thanks to Lois Ahrens and Louellyn Lambros for info on this. EPOCA (Ex prisoners Organizing for Community Advancement ) is also committed and mounting a campaign for 2014 called Jobs not Jails.

11. Many organizations also turned out this December to stand up against the use of solitary confinement in Massachusetts and support a bill co-sponsored by Sen. James Eldrige (Acton) and Rep. Elizabeth Malia (Jamaica Plain) to stop its inappropriate use. I wrote about this here after a PLS sponsored hearing earlier this year. Their testimony from the December hearing shows why Massachusetts needs to pass this bill.

I am sure that there are other notable criminal justice YESES and NOS that happened in 2013 in Massachusetts. Let me know — it’s important for us to celebrate but also to keep up the pressure to change our unwieldy and often harsh criminal justice system. And to all of you and your organizations — too many to name — who are fighting to change the system in Massachusetts and elsewhere, thank you for your work. Blessings.

MY FAVES: Prison Movies and Documentaries

I thought I'd compile a list here of prison movies and documentaries that I like– just so we'd have them for the holidays. I am including material that I think adds to the discussion in some substantive way.

Documentaries
Fruitvale Station
Gideon's Army
Shakespeare Behind Bars
The House I Live In
The Dhamma Brothers
Concrete, Steel and Paint
Tattoed Tears
Titicut Follies
Attica

Well Contested Sites
 

Films
Shawshank Redemption
Somebody Has to Shoot the Picture
The Hurricane
The Green Mile
Dead Man Walking
Snitched
Conviction
Schindler's List
Stranger Inside
Short Eyes
Weeds
Caesar Must Die
Kiss of the Spider Woman
Micky B

 

Many movies I have not seen can be found here . Real Cost of Prisons Projects and Prison Photography has their list of the best docs. Films and Docs I want to see mentioned on these sites!

Herman's House
Kids for Cash

Mothers of Bedford
Women Behind Bars
Sweethearts of the Prison Rodeo
Broken on All Sides
Girlhood
Red Hook Justice
Killer Poet
Carandiru
Slam
In the Name of the Father

The Big House

Wonderful New Book List

As the holidays approach, some of us may be looking for a book to buy for those we know interested in prison issues. From The Inside-Out website I've added this booklist that I think is fairly comprehensive about prison. Inside-Out is a uique educational programs that pairs student-learners and prison-students in a correctional setting where they study college-level issues intersting to all involved. I've also added a few of my own suggestions and some from Lois Ahrens at The Real Cost of Prisons Project

Suggested Readings

Classic Works on Prison    
Discipline and Punish: The Birth of the Prison   Michael Foucault
Memoirs from the House of the Dead   Fyodor Dostoevsky
The Oxford History of the Prison   Norval Morris and David J. Rothman
The Prison and the Gallows   Marie Gottschal
When the Prisoners Ran Walpole                                                                    Jamie Bissonette w/ Ralph Hamm, Robert Dellelo, and Edward Rodman
Are Prisons Obsolete   Angela Y. Davis
The New Jim Crow: Mass Incarceration in the Age of Color-Blindness   Michelle Alexander
     
Criminal Justice Process    
Courtroom 302   Steve Bogira
Indefensible   David Feige
     
Education    
Blink   Malcolm Gladwell
The Courage to Teach   Parker Palmer
Education is Translation   Alison Cook-Sather
A Pedagogy for Liberation   Ira Shor and Paulo Freire
Pedagogy of the Oppressed   Paulo Freire
Teaching to Transgress   bell hooks
The Tipping Point   Malcolm Gladwell
To Know as We Are Known   Parker Palmer
We Make the Road by Walking   Myles Horton and Paulo Freire
     
Education in Prison    
Pell Grants for Prisoners   Jon Marc Taylor
Schooling in a “Total Institution”   Howard S. Davidson
Education Behind Bars: A Win Win Strategy for Mximum Security   Christopher Zoukis
     
Family, Children and Re-Entry    
After Crime and Punishment   Shadd Maruna and Russ Immarigeon
All Alone in the World   Nell Bernstein
Beyond Prisons   Laura Magnani and Harmon L. Wray
Crime and Family   Joan McCord
Doing Time on the Outside   Donald Braman
Invisible Punishment   Marc Mauer
Prisoners Once Removed   Jeremy Travis and Michelle Waul
Random Family   Adrian Nicole LeBlanc
     
Jails    
Inside Rikers   Jennifer Wynn
The Jail   John Irwin
     
Juveniles    
Juvenile   Joseph Rodriguez
Sleepers   Lorenzo Carcaterra
True Notebooks   Mark Salzman
     
Memoirs    
Brothers and Keepers   John Edgar Wideman
Chasing Justice   Kerry Max Cook
Crime and Punishment: Inside Views   Johnson and Toch
Descent Into Madness   Mike Rolland
In the Belly of Beast: Letters from Prison   Jack Henry Abbott
Iron House   Jerome Washington
Makes Me Wanna Holler   Nathan McCall
Manny: A Criminal Addict’s Story   Richard P. Rettig
Monster: The Autobiography of an L.A. Gang Member   Sanyika Shaur
Newjack: Guarding Sing Sing   Ted Conover
You Got Nothing Coming   Jimmy A. Lerner
Orange is the New Black   Piper Kerman
Upper Bunkies Unite: And Other Thoughts on the Politcs of Mass Incarceration   Andea James
Crossing The Yard: Thirty Years as a Prison Volunteer   Richard Shelton
     
Men and Prisons    
Prison Masculinities   Don Sabo, Terry A. Kupers, Willie London
The Violence of Men   Cloe Madanes
     
Prison Books by Incarcerated or Formerly Incarcerated People
Behind Bars: Surviving Prison   Jeffrey Ian Ross, Stephen C. Richards
Convict Criminology   Jeffrey Ian Ross, Stephen C. Richards
The Fellas: Overcoming Prison and Addiction   Charles M. Terry
Life Sentences: Rage and Survival Behind Bars   Wilbert Rideau and Ron Wikberg
Life Without Parole   Victor Hassine
The Soul Knows No Bars   Drew Leder
Live from Death Row   Mumia Abu Jamal
Doing Time: Twenty-five Years of Prison Writing   Bell Gale Chevigny
     
Race and Ethnicity    
Code of the Street   Elijah Anderson
The Color of Justice   Samuel Walker, Cassia Spohn, William DeLone
Fist Stick Knife Gun   Geoffrey Canada
Guns, Violence, and Identities Among African American and Latino Youth   Deanna L. Wilkinson
Images of Color, Images of Crime   CoraMae Richey Mann, Marjorie S. Katz, Nancy Rodriguez
In Search of Respect   Phillipe Bourgois
Killing Rage, Ending Racism   bell hooks
No Equal Justice   David Cole
Racial Healing   Harlon L. Dalton
Savage Inequalities   Jonathan Kozol
Young, Black and Male in America   Jewelle Taylor Gibbs
     
Restorative Justice    
Doing Life: Reflections of Men and Women Serving Life Sentences   Howard Zehr
Healing Our Imprisoned Minds   Patrick Middleton
The Little Book of Restorative Justice for People in Prison   Barb Toews
Transcending: Reflections of Crime Victims   Howard Zehr
     
Studies of Prison Issues    
America’s Prisons, Opposing Viewpoints   Opposing Viewpoints Series
A Plague of Prisons   Ernest Drucker
Confronting Confinement   John J. Gibbons, Nicholas de B. Katzenbach
Crime and Punishment in America   Elliot Currie
Downsizing Prisons   Michael Jacobson
Gates of Injustice   Alan Elsner
Going Up the River: Travels in a Prison Nation   Joseph T. Hallinan
Hard Time Blues   Sasha Abramsky
Hard Time, Understanding and Reforming the Prison   Robert Johnson
Imprisoning Communities   Todd Clear
Ironies of Imprisonment   Michael Welch
It’s About Time, America’s Imprisonment Binge   James Austin and John Irwin
Lockdown America   Christian Parenti
Prison Nation: The Warehousing of America’s Poor   Tara Herivel and Paul Wright
Prisons and Jails: A Reader   Richard Tewksbury and Dean Dabney
Prisons and Prison Life   Joycelyn M. Pollock
Race to Incarcerate   Marc Mauer
The Real War on Crime   Steven R. Donziger
Total Confinement   Lorna A. Rhodes
The Warehouse Prison   John Irwin
Resistance Behind Bars: Struggles of Incarcerated Women   Vikki Law 
Incarceration Generation   Justice Policy Institute
     
The Arts and Prisons    
The Crying Wall and Other Prison Stories   Victor Hassine, Robert Johnson and Ania Dobrzanska
Guilty Reflections: One Boy One Man   Terrell Carter
Justice Follies   Robert Johnson
Only the Dead Can Kill   Margo Perin
Poetic Justice   Robert Johnson
Prison Writing in 20th Century America   H. Bruce Franklin
Shakespeare Behind Bars   Jean Trounstine
The Real Cost of Prison Comix   Kevin Pyle, Susan Willmarth, Sabrina Jones, Ellen Miller-Mack, Craig Gilmore and Lois Ahrens.
Cellblock Visions   Phyllis Kornfeld
Performing New Lives: Prison Theatre   Jonathan Shailor
Shakespeare Saved My Life: ten Years in Solitary with the Bard   Laura Bates
     
Violence    
Preventing Violence   James Gilligan
Violence, Our Deadly Epidemic and Its Causes   James Gilligan
     
Women and Prisons    
Couldn’t Keep it To Myself   Wally Lamb
The Criminal Justice System and Women   Barbara Raffel Price and Natalie Sokoloff
In Her Own Words   Leanne Fiftal Aarid, Paul Cromwell
I'll Fly Away   Wally Lamb
Inner Lives   Paula C. Johnson
Life on the Outside   Jennifer Gonnerman
No Safe Haven   Lori B. Girshick
Women in Prison   Kathryn Watterson
A World Apart   Cristina Rathbone
Interrupted Life: Experiences of Incarcerated Women in the United States  

Rickie Solinger, Paula C. Johnson, Martha L. Raimon and Tina Reynolds

     
Other Related Books    
Finding A Voice: The Practice of Changing Lives Through Literature   Jean Trounstine and Robert Waxler
Thinking About Crime   Michael Tonry
More Philadelphia Murals and the Stories They Tell   Jane Golden, Robin Rice, and Natalie Pompillo
Philadelphia Murals and the Stories They Tell   Jane Golden, Robin Ride, and Monica Yant Kinney
Values Clarification   Sidney B. Simon, Leland W. Howe, Howard Kirschenbaum
How to Change the World: Social Entrepreneurs and the Power of New Ideas   David Bornstein

 

Parole Issues Continue in Massachusetts

Massachusetts has been dreadful in terms of how many people it gives a second chance to. In the past two years Deval Patrick's "parole folly" has meant revamping the board and replacing members after a knee jerk reaction to a parolee's crime; a refusal to stop stacking the board with members who are heavily law and order oriented rather than seriously involved with treatment. Most recently I wrote how the refusal to change parole board direction has resulted in less public safety and more expense in "Locked Up and Nowhere to Go."

Now a host of activists groups have signed on to a letter to Governor Patrick suggesting that the next member of the board should be someone who has the trainig and expertise to deal with the enormity of the drug and alcohol affictions of people who get involved in crime. WILL THE GOVERNOR RESPOND? Here is the letter and the organizations which have signed on so far. The letter was written by the Steering Committee of the Coalition for Effective Public Safety (CEPS).                                                                                                                      

"We are members of a coalition of individuals, agencies, and associations of Massachusetts residents that advocate for fairness in criminal justice proceedings, corrections and parole.  We are writing to advocate for the fairest possible process in filling the current Parole Board vacancy with an individual who is both committed to the objectives of parole and who has a background in substance misuse and alcohol addiction.

We understand that the statute governing appointments to the Parole Board, M.G.L. c.27, sec. 4, calls for persons to be appointed to the Board who have had at least five years of education and experience in either “parole, probation, corrections, law, law enforcement, psychology, psychiatry, sociology [or] social work.”  We are asking you to nominate a candidate who has had at least five years of experience in treating drug addiction and alcoholism. 

According to the Department of Correction, approximately 80% of the persons incarcerated in Massachusetts state prisons have issues with substance addiction.[1]/  Sheriffs estimate that the same figure is true for the house of correction population.[2]/  The vast majority of criminal behavior in the State is influenced by or somehow involves substance misuse. 

It is clear that the Commonwealth would be best served by having Parole Board members who are versed in the issues that face those in our prisons. When prisoners appear at their parole hearings, there are three areas on which the Board generally focuses in determining readiness for parole:  the prisoner’s understanding of the causal factors of the crime; what the prisoner has done during his or her incarceration to address or treat the causal factors; and what resources or supports the prisoner will need in the community to succeed.  Accordingly, in approximately 80% of the cases the Parole Board hears, expertise in substance misuse is necessary in making an informed and sensible decision. Our Parole Board, however, does not appear to have any  members who have  treated or worked in a professional capacity with persons suffering from drug addiction or alcoholism.  At present there are two former prosecutors on the Board (Chairman Josh Wall and Ina Howard-Hogan), one former defense attorney (Tonomey Coleman),  one former corrections administrator (Sheila Dupre), one former victim advocate (Lucy Soto-Abbe) and one former court clinician (psychologist Charlene Bonner).  Although Ms. Soto-Abbe has a degree in forensic psychology and may have studied substance misuse, it does not appear that she has experience in diagnosing, treating, or working with this population.  She worked in the Hampden District Attorney’s Office as a victim/witness advocate since graduating college until the time of her appointment to the Board.  Similarly, Dr. Bonner worked primarily as a court clinician and did not treat persons suffering from addiction to substances in her work as a psychologist.

An expert on substance misuse on the Board would not only contribute to more probative parole hearings, but such a Board member would be an invaluable asset in designing optimal  parole plans.  For example, when a person who is doing well on parole tests positive for alcohol or drug use, studies of evidence–based practices unequivocally state that for such technical violations the person should be treated in the community, not returned to prison.  In Massachusetts, however, the Board frequently returns such persons to prison.           

In addition, it is our understanding that a new qualification of five years of experience in business or public administration is being required to fill this particular vacancy. Such a requirement seems unnecessary and could well be a barrier to attracting qualified candidates for the position. We ask that well-qualified candidates not be excluded simply because they lack this experience and that the Governor’s office re-post for the position removing the requirement.  We also understand that resumes for the vacancy are being directed to Chairman Wall for initial review rather than to the Governor’s office. Such a practice raises questions about the impartiality of the process and runs the risk of inadequately considering the objective needs of the Parole Board.  We urge the Governor’s office to review all applicants’ resumes and to lead the hiring process. Finally, we ask the Governor’s office to ensure that the process of filling the vacancy is impartial and results in a candidate who can add a new and much needed dimension of expertise to the Board. 

Thank you for your consideration

 

Mass. Association of Criminal Defense Lawyers
321 Walnut St. Box 473
Newton, MA 02460
Elizabeth A. Lunt, President
macdlweb@gmail.com

Prisoners’ Legal Services
10 Winthrop Sq. 3rd Floor
Boston, MA 02110
Leslie Walker, Executive Director
617-482-2773
lwalker@plsma.org

Families Against Mandatory Minimums, Massachusetts Office
P.O. Box 54
Arlington, MA 02476
Barb Dougan, Project Director
617-543-0878
bdougan@famm.org

SPAN Inc.
105 Chauncy St. 6th Floor
Boston, MA 02111
Lyn Levy, Executive Director
617-423-0750
info@spaninc.org

Coalition for Effective Public Safety, CEPS
P.O Box 961401
Boston, MA 02196
508-254-2131

EPOCA, Ex-Prisoners and Prisoners Organizing for Community Advancement
5 Pleasant St.
Worcester, MA 01609
Steve O’Neil, Executive Director of Inter-State Organizing
508-410-7676

Real Cost of Prisons Project
5 Warfield Place
Northampton, MA 01060
Lois Ahrens, Director
info@realcostofprisons.org

Association for Behavioral Health
251 West Central St. Suite 21
Natick, MA 01760
Vic DiGravio, President/CEO
508-647-8385
vdigravio@ABHmass.org                                                                              

Massachusetts Organization for Addiction Recovery
29 Winter St. 2nd Floor
Boston, MA 02108
Maryanne Frangules, Executive Director
617-423-6627
maryanne@moar-recovery.org

Mental Health Legal Advisors Committee
24 School St. 8th Floor
Boston, MA 02108
Phil Kassel, Executive Director
617-338-2345
MHLAC@mhlac.org

Criminal Justice Policy Coalition
15 Barbara St.
Jamaica Plain, MA 02130
Andrew Zarro, Executive Director
617-807-0111

Massachusetts Law Reform Institute
99 Chauncy St. Suite 500
Boston, MA 02111
Georgia Katsoulomitis, Executive Director
617-357-0700

Charles Hamilton Houston Institute for Race and Justice, Harvard Law School
1557 Mass Ave. Lewis Hall
Cambridge, MA 02138
Charles J. Ogletree Jr., Founding and Executive Director
617-495-8285
houstoninst@law.harvard.edu  


[1]/  DOC’s Talking Points:  Massachusetts Department of Correction Use of Non-Aggressive Drug Detection Canines, “Approximately eighty percent of inmates self-report addiction or more than recreationaluse of drugs and alcohol.”                

[2]/  “Middlesex Sheriff’s Office awarded $30,000 Substance Abuse Grant”  “Approximately 75-80%  of the inmate population at the House of Correction in Billerica report alcohol and substance abuse issues.” http:// www.wickedlocal.com/medford/news/x1623571546/Middlesex-Sheriff-s-Office-awarded-30-000-Substance-Abuse-Grant