Tag Archives: Jeff Sessions

CHANGES

By Wayne T. Dowdy

Dowdy storm 1

Storms ravage the United States:  tornados, thunder storms, snow and ice storms, in April, along with the political and technological storms that drive the progression or digression of the nation.  Storms fuel change:  Cruise Missiles that bombed Syrian chemical weapon sites, were launched with the intent to create change, to deter a tyrant from using chemical weapons on Syrian citizens.  Advancement in technology drove the Cruise Missiles.

 

A political storm drove the decision to attack another country.  Maybe a different political storm, driven by humanitarian concerns, will form to attack policies that fuel mass incarceration in America.

 

CHANGES:  During the early seventies, I loved listening to “Changes” by Black Sabbath (album title: “4”), and “I’d Love to Change the World” by Ten Years After.  Throughout the decades of my life, I’ve witnessed numerous changes.  Things once viewed as fantasy become reality.  For instance, in the sixties cartoon, The Jetsons, phones used to communicate became cellphones of today, with technology that permitted users to see the person on the other end of the line, like Skype.

 

STORMS:  Natural storm patterns changed, as have the nature of storms that fueled technological changes; advancements in medicine and technology used in the treatment of illnesses that extended life expectancy, created other storms: World population explosion, food shortages, soaring health care cost and big business profit increases that often thrive on the misery of others.  Private Prison companies fall within the latter category.

 

One of the largest private prison companies is CoreCivic, formerly Correctional Corporation of America (CCA).  Investors filed a lawsuit against the corporation because CCA had fraudulently claimed to provide a high level of quality services that assured satisfied customers, boasting about its contracts with the United States Department of Justice.

 

Former BOP Director Harley G. Lappin is named in the securities fraud lawsuit.  Him and J. Michael Quinlan left the BOP under unfavorable circumstances to work for CCA.  (Read “The Truth About Incarceration, Part II” for more on the issue.)

 

SALLY Q. YATES: And then came the “Yates Memorandum.” Ms. Yates is the former Assistant United States Attorney, who planned to phase out private prison contracts because of inferior services and numerous quality and safety issues.  One CCA prison of concern, was Adams County Correctional Center, where a riot erupted over poor conditions that resulted in the death of a prison guard and several injuries to staff and inmates, and over one million dollars in damages.

 

The Investors filed suit and claimed to have lost $1.2 million when their “159,000” shares of CCA/CoreCivic stock dropped because of conduct covered in the lawsuit; however, since then, President Trump and Attorney General, Jefferson Beauregard Sessions III, revived the stock value.

 

As I’ve previously written, CCA and GEO Group’s stock value SOARED within a week after the last Presidential Election.  When AG Sessions rescinded the Yates Memorandum and agreed to maintain private prison contracts, including the one with Adams County Correctional Center, it was back to business as usual.

 

I wonder if that decision put money and CoreCivic stock into the pockets and portfolios of AG Sessions and President Trump?

 

PERSONAL STORMS:  The calm storms of my life continue as I fight for freedom and refuse to give up until that day comes, or when my time expires in this thing called life.  Whatever the case may be, I will not give up.  If life exists after bodily functions expire, I’ll fight from the other side in my pursuit of justice.

 

I have not won the lottery, at least, not yet.  On April 5th I received a March 29, 2018, denial of my Administrative Remedy Request (BP-10) in reference to my halfway house placement date.  The author essentially stated that the Warden properly responded, and then noted that the halfway house budget led to placement terms being reduced to 120-days or less.

 

In my BP-11, I pointed out that the Regional Director failed to address my abuse of discretion claims against the Warden, Residential Reentry Manager, and BOP Director.  I also shown that 300-days in a halfway house, at $72.00 per day, would cost $21,600, but if I failed to receive enough time in a halfway house to successfully reintegrate into society and became a recidivist, it would cost much more.

 

If I fail on supervised release and get the full 5-years revoked, with the cost of my incarceration soaring above $100,000 per year due to a medication I take for a lung condition, that’d cost over $500,000.  If I committed another federal crime, that’d be real expensive; however, I did stress that that is not on my agenda.  My plan involves becoming a positive success story upon release.

 

The day after the BP-10 Response was dated, President Trump issued a Presidential Proclamation.

Dowdy P Trump

PRESIDENTIAL PROCLAMATION OF SECOND CHANCES:  On March 30, 2018, President Trump stated, in part, “I am committed to advancing reform efforts to prevent crime, improve reentry, and reduce recidivism.  I expressed this commitment in my 2018 State of the Union Address and reinforced it by signing an Executive Order to reinvigorate the ‘Federal Interagency Council on Crime Prevention and Improving Reentry.’  In the spirit of these efforts, I call on Federal, State, and local prison systems to implement evidence-based programs that will provide prisoners with the skills and preparation they need to succeed in society.  This includes programs focused on mentorship and treatment for drug addiction and mental health issues, in addition to job training.

 

“This month, we celebrate those who have exited the prison system and successfully reentered society.  We encourage expanded opportunities for those who have worked to overcome bad decisions earlier in life and emphasize our belief in second chances for all who are willing to work hard to turn their lives around.

 

“NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2018 as Second Chance Month.  I call on all Americans to commemorate this month with events and activities that raise public awareness about preventing crime and providing those who have completed their sentences with an opportunity for an honest second chance.

 

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of March, in the year of our Lord, two thousand eighteen, and of the Independence of the United States of America, the two hundred and forty-second.

 

DONALD J. TRUMP

 

“President Donald J. Trump Proclaims April 2018 as Second Chance Month,” http://www.whitehouse.gov, March 30, 2018.

 

AFTER PRISON SUCCESS STORIES:  Brandon Sample, Shon Hopwood, and Tara Simmons are three of many ex-offenders who became success stories after their release from prison.  All three entered a field many people said could not be done:  Brandon Sample became a practicing attorney; Shon Hopwood an attorney and then a Professor of Law at Georgetown Law University, and Tara Simmons took her fight to the Washington State Supreme Court to become an attorney.

 

Justice Mary Yu wrote in her opinion that “[S]immons began ‘meaningful treatment’ while in prison and ‘changed her life to a degree that can only be deemed remarkable, both in terms of the efforts she had put forth and the positive results she has achieved.'”

 

Justice Yu also gave props to Shon Hopwood, who represented Simmons.  “‘Both Hopwood and Simmons are living examples of a person’s ability to change if he or she has the will and opportunity to do so.'”

 

Prison Law & Prison Education News Services, 04/13/18, (email: news@prisonlawblog.com), quoting from Seatletimes.com and Prison Legal News.

 

The Washington Supreme Court ruled that the Washington State Bar Association should allow her to take the bar exam, another victory for Mr. Hopwood and Real Justice in America.

 

I know of numerous others who were released and become success stories in their own right, especially my peers who are members of Twelve Step programs, as well as several former UNICOR employees who got out and became successful in the world of work.

 

UNICOR:  In 1936, Congress created the Federal Prison Industries, Inc., trade name UNICOR (for UNIque CORporation), to teach inmates marketable job skills.  UNICOR is supposed to be a Work Program for Inmates, not a conglomerate to increase earnings that allows executive staff to give themselves bonuses:  Some current practices border on exploitation of prisoners.

 

(A 04/10/18, USA TODAY article, “Federal Prison Bonuses Stir Outrage,” included bonuses for an array of federal prison officials, including wardens who shave dollars from prison budgets at the expense of prisoners.)

 

Statistically, UNICOR does reduce recidivism, so it is a good program within the BOP that allows inmate employees to earn enough to buy essentials for survival in prison.  But in recent years, inmate pay has dwindled to allow the organization to increase its profit margins.  I made more money per day in the early ’90s ($10.80) than I do today ($10.51).  So much for the show of gratitude by my employers for my dedicated years of service, huh?

 

Sometimes I feel like the old work horse in George Orwell’s, Animal Farm, who the Pigs hauled off to the glue factory after having served his purpose.  (Well, maybe not that bad.  They are keeping me around to mentor others and to pass on my accumulated knowledge before leaving.)

 

PROGRAMS:  The BOP does have some beneficial programs taught by inmates and staff alike.  Recidawareness is one such program, founded by a federal prisoner, Frank C., who devotes himself toward helping others through a curriculum that combines spiritual and practical principles.  The program helps participants focus on interpersonal aspects of their lives and the improvement of decision-making skills to assist them in changing behavior to avoid becoming a recidivist.

 

The Psychology department also offers programs that, if practiced, assists participants at living their lives in a different manner by teaching them to make better decisions (e.g. Cognitive Thinking, Anger Management, Health & Wellness, Job Application & Resume Writing, Non-Residential Drug Treatment Program, Residential Drug Abuse Treatment Program).  However, even though Narcotics Anonymous and Alcoholics Anonymous are suggested programs for graduates of the drug programs, and are listed in the Psychology Services Program Statement, to my knowledge, most institutions do not focus on making AA/NA meetings available to inmates.

 

CO-OCCURRING (DUAL ) DIAGNOSIS:  In “No Sympathy” that you can read on this blogspot, I reference a 12/02/02, USA TODAY article, “Study:  Treat Addicts Mental Illness.”  Studies show that treating substance abuse and underlying mental disorders help people to not “reoffend,” and thus decrease recidivism rates.

 

BOP policy remains the same (ONE (1) institution offers treatment for those with dual disorders.)

 

FOCAL POINTS:  The current focus in prison reform appears to be on reentry initiatives.  Focusing on recidivism makes sense, since we fuel the system we claim to hate, when we get out and return to make the system grow bigger and stronger.

 

Now if Congress or the President will implement laws or policies to make prison administrators accountable for failure to comply with Congressional directives, things will change.  Until then, corrupt politicians and prison officials will continue to accept bribes from private prison executives and continue to feed mass incarceration in America.

 

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Visit http://www.straightfromthepen.com and https://www.smashwords.com/profile/view/WayneMrDowdy for other writings from Wayne T. Dowdy.  In April 2018, Murder Slim Press published his short story, “Guns, Drugs & Thugs” in THE SAVAGE KICK Magazine.

 

 

 

 

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The Storm & Valentine’s Day Wish

[Update:  I am re-posting this one for 2019 to wish each of you a Happy Valentine’s Day from the outside this year.

 I did not win the administrative remedy on the issue stated below in the original post, but I did win an issue concerning a miscalculation of my Good Conduct Time, which changed my out-date to March 8, 2019.  I left the prison for Dismas Charities in Atlanta, Georgia on August 28, 2018; however, my fight to successfully reintegrate into society continues.  I am unemployed but am not homeless and do have a loving, caring family and some great friends, so life is wonderful!]

The storm still rages within as I continue my fight for successful reintegration into society at an earlier date than approved. Time will tell if I win an administrative remedy process where I present my argument that 119-days in a Residential Reentry Center (RRC) is not “of sufficient duration to provide the greatest likelihood of successful reintegration into the community.”

As stated in my previous blog (“Half a Problem”), to support my position I rely on Congressional authority stated in 18 U.S.C., Section 3624(c), commonly known as THE SECOND CHANCE ACT OF 2007: COMMUNITY SAFETY THROUGH RECIDIVISM REDUCTION (SCA).

The problem lies is Congress giving discretionary authority to the United States Federal Bureau of Prisons, the “Backwards on Purpose” agency (BOP), who has a vested interest in robust prison populations. I will return to this topic later.

Because some of you may not be interested in the halfway house issue, I will share a slightly modified version of a former writing posted on Facebook and published in February 2014 by the Mission Possible, Words of Hope Ministries newsletter, Charlotte, NC. If you like, find other blogs of interest to read on my blogspot.

If new to this site, use the Search feature to experience a variety of writings: “Women Rule the World”; “Burning Bridges”; “Life Beyond the Obvious”; “Despicable Characters”; “Freedom for Another Friend”; “From Where Do Writers Root”; “Social Media for Writers”; “Love & Evil Are Color-Blind”; “Southern Pride – Waving a Confederate Flag”; “A Job Affair”; “Seeking a Real Job” and many others.

sleet stormWINTER STORM & A VALENTINE’S DAY WISH

A Winter Storm struck the south this morning in Edgefield, South Carolina (02/12/14). I woke to the patter of frozen rain on my window. The air system went off sometime before then and it had gotten real quiet, a rare event in prison.

The power grids in some areas have failed and resulted in power outages but we still have ours; even the air system power has been restored.

For the last few hours, we have gotten light snow mixed with freezing rain. I have stayed inside the living unit. Most of my peers went to go eat breakfast around 8:00 AM, which I rarely go to anyway, so I wasn’t about to go battle the falling, tiny-pieces of ice to trudge across more than five-hundred yards of concrete sidewalks, already frozen and ice-covered, to go eat a breakfast I wouldn’t have went to, even with a cool breeze blowing and a beautiful Red Morning rising sun.

Nature won! 🙂 I wimped out and stayed inside to funnel instant coffee; however, I did man-up to go out and battle the slush for lunch. At any rate, wherever you are at when reading this, I sincerely hope you are safe and warm. I know the storm began for some of you many days ago, while others are enjoying beautiful weather, others needing food and water, but whatever your circumstances are, I do hope you are able to enjoy life and take pleasure in what you have, rather than being discontent because of what is missing in your life that you wished you had but do not.

valentines day image

For those of you fortunate enough to have a special someone in your life, I do hope you have a Happy Valentine’s Day and are able to cuddle up to the one you love in some meaningful way.

For those who don’t have anyone special in your life, know that you are loved by many whom you may not have met, yet. Maybe the winter storm in your life will pass soon and you will find the beauty in life as spring rolls in to replace the cold and troublesome weather. Don’t give up! There is always hope. 🙂 Take care-Wayne

EARTHQUAKE: The winter storm continued for days. Two days after I wrote the above, a 4.1 Earthquake hit Edgefield, SC on Valentine’s Day. I told a friend, “Someone must not have gotten a Valentine’s card.”

SIN CITY
LAS VEGAS, NEVADA: I overheard staff members discussing what was said during an August 2017, Union meeting in Las Vegas. A BOP spokesperson stated, “We are running out of prisoners because of changes made in the law and policies implemented by President Obama and Attorney General Eric Holder.”

Some of those policies implemented by the former Attorney General that decreased the prison population, focused on reentry initiatives, and ordering prosecutors to cease the practice of beefing-up criminal charges on defendants to get guilty pleas, as well as to respect state rights by not prosecuting those who grow marijuana in states where it is legal.

Attorney General Jeff Sessions is working on solving “that problem” with new policies he has implemented (reversing pot policy), and with assistance from Director Inch, changing BOP halfway house/RRC placement practices, which will increase recidivism.

RECIDIVISM: Read “Recidivism in America” (01/25/17) for more on recidivism and the BOP’s population decline, due, in part, to those policies implemented by the former President and Attorney General (“The B.O.P. began 2017 with 189,333 prisoners, which is substantially less than the 219,298 reported in 2013.”)

On February 8, 2018, the BOP population was 183,447, with 7,149 prisoners in halfway houses, and 2,180 more on home confinement. To show the effect of policy changes by Director Inch, on June 15, 2017, the month before he took control, the halfway house population was 8,848, with 3,559 on home confinement.

HALF A CHANCE: BOP DIRECTOR MARK INCH DISREGARDS PROVISIONS OF THE SECOND CHANCE ACT.

The Honorable Henry R. Wilhoit, Jr., U.S. District Judge, wrote the following about the Second Chance Act in Glenn, Jr. v. Holland, 2011 U.S. Dist. LEXIS 127740 (E.D., Ky. 11/03/11):

“The ‘Second Chance Act of 2007’

“The Second Chance Act amends 18 U.S.C. Sections 3621(a) and 3624(c) and requires the BOP staff to review inmates for halfway house placement 17-19 months before their projected release dates.

“The purpose of the Second Chance Act are, in part, to break the cycle of criminal recidivism; to rebuild ties between offenders and their families; to encourage the development and support of programs that enhance public safety and reduce recidivism, such as substance abuse treatment, alternatives to incarceration and comprehensive reentry services; to protect the public and promote law-abiding conduct; to assist offenders reentering the community from incarceration; and to provide offenders in prison … with educational, literacy, vocational, and job placement services to facilitate reentry into the community. See Act, 112 Stat 657. The Second Chance Act requires the BOP to ‘ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term (not to exceed 12-months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for the reentry of that prisoner into the community.’ 18 U.S.C. Section 3624(c).”

Maybe Director Inch hasn’t read the statute, which puts the responsibility on him to accomplish the above. The SCA (18 U.S.C. Section 3624(c), Prerelease Custody) begins with, “The Director of the Bureau of Prisons shall, ….” After I receive the response to my Administrative Appeal (BP-9), I will mail him a copy, which includes a copy of a newsletter by attorney Brandon Sample, who explains the legislative process (NEWS@BRANDONSAMPLE.COM).

BOP MISSION STATEMENT: “The Federal Bureau of Prisons protects society by confining offenders in the controlled environment of prisons and community-based facilities that are safe, humane, and appropriately secure, and which provides work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.”

The mission statement must have excluded the federal prison administrators that I’ve lived under for almost thirty-years, since I’ve not seen many programs that provide self-improvement opportunities, and since I have struggled with the ones at this institution to have regularly scheduled, self-improvement programs that reduce recidivism; i.e., Twelve Step meetings. And the situation here for 12-Step programs is better than what others report who come from other federal institutions.

Perhaps the BOP mission statement was written before private prison company executives corrupted the criminal justice system with their bribes (contributions) to increase their bottom lines and ensure a robust prison population.

Perhaps one can file under the Freedom of Information and Privacy Act to see if the Honorable United States Attorney General, Jeff Sessions, and the Honorable Mark S. Inch, BOP Director, received “contributions” from private prison company executives (e.g., Core Civic and GEO Group), whose influences have lead to laws and policies that increased recidivism at taxpayers’ expense, the same as what is happening with the changed halfway house practices.

Read “Half a Problem” for more on the halfway house issue, and “The Truth About Incarceration, Part II” for more on the corrupt influence of private prison executives on prison authorities and politicians.

OFFICE OF INSPECTOR GENERAL REPORT ON BOP HALFWAY HOUSES (https://oig.justice.gov/reports/2016/a1701.pdf):

“The OIG found that, contrary to policy, guidance, and relevant research, BOP is ‘placing the great majority of eligible inmates into RRCs regardless of inmate risk for recidivism or need for transitional services, unless the inmate is deemed not suitable for such placement because the inmate poses a significant threat to the community. As a result, low-risk, low-need inmates are more likely to be placed in RRCs than high-risk, high-need inmates.’

“The numbers tell the story. During the study period, 90% of minimum security and 75% of low security inmates received RRC/home confinement placement. But only 58% of high security level inmates got such placement, while the remaining 42% were released into the community directly from a BOP institution. While the OIG Report conceded that this ‘may be a result of the fact that many of the high security inmates were considered a public safety risk,’ still the Report suggested that because, on average, the high-security inmates were within four months of release anyway, there didn’t seem to be much justification for not sending them to a halfway house, where they (and the community) might benefit from receiving reentry programming.” BOP HALFWAY HOUSE PROGRAM FOUND TO BE DEFICIENT (11/20/16), Legal Information Services Associates newsletter (for free Corrlinks newsletter, send email to newsletter@lisa-legalinfo.com). Visit http://www.lisa-legalinfo.com.

Many of the high-security prisoners released straight into the community, will commit crimes against citizens and return to prison. Providing a reasonable opportunity to prepare for reentry would reduce the numbers of those who do.

In an OIG Report on the BOP Release Preparation Program (RPP), the OIG stated, “Finally, we found that the BOP does not currently collect comprehensive re-arrest data on its former inmates, has no performance metrics to gauge the RPP’s impact on recidivism, and does not currently make any attempt to link RPP efforts to recidivism. We also found that the BOP has not yet completed a recidivism analysis required by the Second Chance Act of 2007. Such analyses would help the BOP know whether the RPP is effectively accomplishing its objective of reducing recidivism.” REVIEW OF THE FEDERAL BUREAU OF PRISONS RELEASE PREPARATION PROGRAM (09/04/16), Jeremy Gordon Newsletter (info@topfederallawyer.com) Visit http://www.facebook.com/gordondefense.

The BOP first must want to decrease recidivism. Remember the Backwards on Purpose agency, whose “[a]ctions speak so loud I can’t hear a word of what [they] say.” Ralph Waldo Emerson.

The new halfway house policy lead to one man here, a recidivist who served 12-years, to receive 12-DAYS in an RRC. Another man served 14-years and received 28-DAYS. Considering that Congress extended the permissible RRC placement period from 6-to-12 months to decrease recidivism, shortening that period will increase recidivism.

THE STORM RAGES ON.
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Wayne T. Dowdy writes at http://www.straightfromthepen.com & https://waynedowdy.weebly.com.

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