Texas Prisons

As a person who has been the target of long-standing censorship campaigns, i would like to give my voice to the discussion around censorship in this time of organizing against this tool of counter-insurgency.

Recently, in Texas’ prison system, an anthology that speaks to the torture of solitary confinement was censored. The reason given is that it purportedly contains content that threatens the security of the prison by encouraging prisoners to engage in disruptive behavior such as strikes, etc. i took part in this anthology and to be clear there is not any language speaking to the disruption of the prison system. There is language that speaks to the dismantling of long-term/indefinite solitary confinement, which is illegal in many places, is considered torture internationally, and which the Texas Department of Criminal Justice (TDCJ) itself admits may cause harm or damage to the mental health of the affected person. So the thinking of the thought police is that it is a threat to security to speak out against torture, but it is not a threat to security to maintain torturous conditions. What sense does that make?

This censorship is of the second volume of this anthology series called Texas Letters (see: texasletters.org). Volume one, which contains the same sort of content from many of the same writers, is approved. So what happened between the time of January 2023 and May of 2024, the respective release of each volume? A one word answer: Success. The first volume was released at the beginning of the last state legislature session. A session where a coalition of people were behind House Bill 812 (HB812), a bill intended to end indefinite solitary confinement. As a way to increase the popularity of the bill the book was distributed to all the law makers. Ultimately the bill didn’t pass, however the promotion of the direct letters and experiences of those incarcerated in solitary confinement in Texas grew. The prolific female writer Kwaneta Harris, who has been in solitary confinement for years, was featured in various high profile publications including The New York Times, speaking to the experience of solitary confinement in Texas, particularly how it is in prisons designated for women. Al-Jazeera and NPR featured interviews on the book and the experiences of Texas solitary confinement. Advocates continue to build momentum and public opinion against the use of solitary Confinement, and it is upon this back drop that when Texas Letters Volume 2 appeared, it was censored throughout the state prison system.

This is a move tyrants use to quell social discourse; to control the narrative and therefore evolution of the system never comes. This is a move to quell any form of resistance. Even that which is peaceful becomes a “threat to the security of the institution”, those who take part in such actions become “threats to the security of the institution” people known for “organizing and influencing other inmates” and therefore are confined in solitary confinement or held in said confinement if already there.

This process of events is no surprise. It is a reflection of the practices coming out of the highest level of government in the state, directly a representation of the tyrannical regime Greg Abbot desires and runs himself.

See, in Texas, the Executive Director of TDCJ is appointed by the Governor, the Texas Board of Criminal Justice is also appointed by the governor, as is the parole and pardons board. The Director’s Review Committee (DRC) is the body that governs censorship inside the prisons. This committee is appointed by the Director. So what We end up with is a DRC of political appointees, appointed by a political appointee, a gang of political careerists, all kissing the ring of the top man, the governor of Texas, all falling in line with his neo-confederate agenda. As such We have a prison system that is over saturated with Christian fundamentalism, stale reforms, faith-based programs, and because any volunteer program has to go through the chaplaincy department there is no secular, dissident voices, programs or activities. All because TDCJ is in the business of cultivating ZOMBIES, those who talk when and how they’re told, walk when and how they’re told, think when and how they’re told. This is considered reform and anything outside of that is a threat to security worthy of censorship.

This type of tyranny should be important to everyone because We should want to stop this sort of government over-reach before it becomes too extreme. Tyranny only becomes emboldened with time and a lack of resistance of its subjects.

Texas attorney general Ken Paxton has sued yet another organization involved in support for immigrants and immigrants rights. This is the 13th organization Paxton has used his state prosecutorial powers to sue in hopes of shutting down the organizations.

The organization in question here is different than the others in that the other organizations worked more directly at the border, organizing safe houses, and delivering food and water for passing migrants. The 13th organization is called FIEL, a Houston area organization that has been around since 2007, providing outreach resources for immigrant families and students in the Houston area.

FIEL HOUSTON has been outspoken on social media regarding the immigrant policies and bigotry coming from Texas governor Abbott and Trump. It is the social media posts Paxton is attacking with this lawsuits, seeking to shut FIEL down for purportedly violating a ban on non-profits participating or intervening in political campaigns.

Earlier this year Paxton investigated and brought suit against over a dozen organizations he or his base disagree with, particularly around the immigrant question. His other efforts failed to shut these organizations down.

In the case against FIEL Paxton targets only the group’s speech, criminal political speech opposing Trump and Abbott… If allowed to stand immigrant families in one of the most diverse cities in America will miss out on the various programs FIEL offers.

The battle against censorship is an inside outside battle.

Based on my perspective as a current captive in Texas State Prison, the purpose behind the renewed urge for expansion is different than when prison populations were in a high degree of political discontent.

It appears at this moment in time that the government apparatus’s principal reason for wanting to expand is to accommodate the influx of illegal immigrants. The premise of this political theory denotes that when waves of new lumpen enter a highly automated economy, crime rates drastically spike resulting in demands for prison beds.

An antithesis to this may argue that department of corrections across America are “alarmingly” short of prison staff and thus don’t have aims to build new prisons and/or re-open those that had been partially or completely shut down due to staff shortages. Moreover, the proponents argue against the likelihood of expansion because state prison systems have already been outsourcing their prisoners that are overflowing in county jails to other states for housing.

However, there are a number of factors indicating prison expansion is feasible. One is that fewer and fewer prison staff are needed to operate these concentration camps. For instance, prisoncrats have honed their use of humanism, programmatics, and diversification to make prisoners more content.

Specifically, The Texas Department of Criminal Justice has been steadily implementing a caste system among the prison general population. Wherein there are a variety of unique prisoner groups (religious field ministers, life coaches, self help prevention squad, peer health educators, etc) some of which have been provided their own private office space and computers whose software is designed to exclusively handle program curricula. This is in addition to narcotics sedating large segments of captives, thus requiring minimal staff supervision and leading to prisons being more easily manageable.

The final point illustrating that prison expansion is on the horizon is Texas has begun a vigorous campaign advertising employment to high school students. Additionally, Texas deployed a strategy luring a surplus of employment to their prisons located around inner cities. These correctional officers are then transported to work in prison units in rural areas that have staff shortages.

TDCJ staff predominately consists of Africans who literally sleep constantly on the job and more than likely during the approximately four hour road trip. Therefore, Texas appears to be on the cutting edge, serving as an example to other states, on the feasibility of expanding and effectively operating prisons.

Humanization

Coinciding with prison expansion is honing the use of humanizing prisoners, as Tip of The Spear has pointed out. One example of contemporary forms of humanizing is the state of Florida designating entire prison units to be so-called incentivized living conditions. Texas has begun to follow this example but has only yet limited incentivized living to sections within prison units. At this stage Texas has exclusively accommodated captives that have been sentenced to life without parole and others sentenced to a long time. [Editor: California also rolled out its new “California Model” focused on rehabilitation in 2023.] Overall, the humanization of prisoners through incentivized living conditions works hand-in-hand with the goal of expanding prison systems as it makes prison populations far more compliant with their conditions.

Diversification

Compared to California and mid-western state prisons, Texas has traditionally maintained a more diversified prison population. This degree of diversification has helped TDCJ to operate more smoothly because its prisoners don’t get killed if housed in general population for certain crimes such as rape. Due in part to federal implementation of the Safe Prison Act, its parallel states’ anti-extortion department, and more compliant prisons, the protective custody class has gradually merged into the general prison population.

Accordingly, I surmised that the purpose for diversification in Texas is to economize prison space, rather than to undermine potential political disunity and unrest amongst the broader prisoner class.

In regards to implementing state sanctioned programs such as Bridges-To-Life, Cognitive Intervention, Life Skills, etc, not surprisingly their curriculum consists of bland content. The general theme focuses exclusively on the criminal actions of captives rather than the role general society played in creating conditions of criminality. These programs are made attractive because TDCJ requires prisoners to “voluntarily” acquire certificates allegedly to increase parole chances, in a blatantly obvious arbitrary parole system.

Solutions

One solution to counter prisoners being lulled with humanization as a pretense for prison expansion is to teach fellow captives the sinister aims of the government apparatus. During this effort the counter replies I have gotten from captives were “Texas budget will not allow for prison expansion.”

At present time of this document, NPR is scheduled to cover discussions on the pros and cons of reintroducing private prisons to address county jail and prison overcrowding. In the current de-incarceration era, I am not aware of any prisoner advocates that don’t want a drastic reduction in prison populations. Therefore, another solution to counter prisoner expansion is I suggest that the foregoing political theory be widely publicized, including on social media.

MIM(Prisons) adds: The idea that the United $tates is a “highly automated economy” certainly has some merit, but we do not want to cover up the fact that the real reason people here work so little is because the whole country lives on the exploitation of the Third World where most of the things we consume are produced. In addition, migrant labor here in U.$. borders is harvesting and processing our food. It is interesting to watch what Texas has been doing by utilizing migrant labor to run its prisons. In many states, the prison system is part of the greater criminal injustice system that pays Amerikans nice wages to play the role of oppressor. While hiring mercenaries to do its dirty work abroad has many benefits to the U.$. imperialists, it does eliminate the role of nationalism in building loyalty among their soldiers. One benefit is hiring locals who know the terrain to do the work. In the TDCJ, hiring Africans to run their prisons seems likely to only create more contradictions.

In recent years we saw a leveling and then a dip in the prison population in the United $tates. This has been partially motivated by a decrease in pro cop and pro law and order public opinion among Amerikans.(1) Which direction things will go next is hard to say. A Virginia comrade recently wrote in on their tactics for reducing prisons by utilizing building and fire codes. As we’ve stated repeatedly though, getting the state to police itself leads to temporary reforms at best. If we are not engaging in actual power struggle by building an anti-imperialist prison movement that is independent of the state, then we have no real say in what the future of mass incarceration looks like.

^{Note: 1. see The Fundamental Political Line of the Maoist Internationalist Ministry of Prisons, The Political Economy of U.$. Mass Incarceration, p. 44-45.}

Back in September we printed an article from a comrade in Virginia about PREA audits and why they do not work. This article did not appear in ULK, but touched on the abuses faced by wimmin in Federal Correctional Institution - Dublin (FCI-Dublin). On the ineffectiveness of PREA audits in Virginia, the comrade wrote about how the audits were pre-announced, communications with the auditors were done in front of staff, and once the auditors left, staff retaliated against prisoners who talked. Comrades in Pennsylvania and Texas have also reported on retaliation for filing PREA complaints, as is common for filing any kind of grievance against staff. The failure of PREA is just a subset of the failure of any accountability of prison staff across the country for abusing prisoners.

After the incidents at FCI-Dublin that were largely reported in 2022, nothing changed. This led to over 63 lawsuits being filed. On Monday, 11 March 2024, the FBI raided FCI-Dublin and arrested the acting Warden, Associate Warden, a Captain and an Executive Assistant who all lost their jobs. They were all members of the infamous “rape club” at FCI-Dublin, which continued on after previous firings in recent years.

“Federal law classifies any sexual contact between staff and incarcerated people as a felony punishable with up to 15 years in prison. But, as one incarcerated survivor testified during the trial of former Warden Ray Garcia, the Prison Rape Elimination Act “really doesn’t exist at Dublin.”(1)

PREA doesn’t really exist in most of this country, where grievances are routinely thrown in the trash and retaliation for filing PREA complaints is the norm. And this is not the first time the FBI has been involved in investigating and arresting FCI-Dublin staff for rape.

Trans Pride Initiative (TPI) is working to hold PREA auditors accountable in Texas. However, they report:

“Under PREA § 115.401(o), auditors “shall attempt to communicate with community-based or victim advocates who may have insight into relevant conditions in the facility.” TPI has seldom been contacted concerning information we have about Texas prisons, and the National PREA Resource Center, which oversees the audit process, has failed to hold auditors accountable to this requirement. TPI has developed a simple auditor tool for auditors to see current information about any unit that we have in our system, so they do not have to even contact us. They are required to list if they tried to contact others about prison information and who they contacted. We are seeing many auditors list no contacts, or contacts that are perfunctory and likely provided no information.”(3)

TPI has an impressive database of incidents of violence and retaliation against prisoners on their website. They want the details of dates, who did what, what happened, what was said, where it happened, witnesses, etc., which you can send to:

Before publishing this article, an investigation into suits filed under the Adult Survivors Act in New York City’s state supreme courts revealed that 719 of 1,256 cases came from Riker’s Island Jail.(2) That is, more than half of the suits filed in the whole city of New York for sexual assaults that had occurred in the past were filed against city correctional officers. Almost all of them came from the wimmin’s jail. Like the rest of the country, wimmin make up a small minority of prisoners at Rikers. While male-bodied prisoners face very high rates of sexual assault compared to the general U.$. population, it is clear that being in a wimmin’s prison puts you in one of the highest-risk groups to be sexually assaulted.(4) And within men’s prisons, being trans, gay, queer, intersex, smaller or weaker will all put you at greater risk as the reports below suggest.

Gender oppression is built in to the U.$. prison system. Despite laws, lawsuits and FBI raids, it is not going away on its own. It is only by organizing the oppressed to stand together that we can put an end to these abuses.

Below are a couple recent reports from Polunsky Unit in Texas on how PREA incidents are handled. TPI’s data shows they have received many more PREA reports from other Texas prisons, including: Allred, Hughes, Connally, Telford and Stiles Units.(5)

A Trans Prisoner at Polunsky Unit in Texas Reported in March 2024: I put a Step 1 Grievance against one officer and wrote to the Ombudsman in Huntsville and he denied any allegations and got other officers to start to do stuff to me. I wrote to the Warden Mr. Anderson and I was placed around other gang members who keep threatening to harm me and call me punk, snitch, hoe and all that and use officers against me. Last month another officer name Suniga started threatening to harm me and sexually harassed me.

…Later Suniga got mad at me and threatened to take my booty shorts and other clothes. He told all those other inmates that I’m snitching on them with the I.G. who coming to investigate me for the incident with the other officer I mention before. And they took my jail housing manual charter #30 for the LGBTQ inmates with all the PREA standards, rules and regulations for jailers and inmates.

He took it and threw it away, so I put a step 1 grievances and sent a letter to the PREA offices in Huntsville, who are doing an investigation, and the PREA officer respond back and said they did an investigation but can’t go forward because Mr. Suniga resigned from his job. Now no body want to do anything or restore my papers which I don’t get for free. …even if Suniga quit his job, the TDCJ should be responsible for what he did while he were employed at the TDCJ.

A female officer who worked with Suniga before and knows that I put a Step 1 against Suniga, works here named Ms. Smith. When she came to my cell door she tell me that I got her friend in trouble and she refused to feed me my lunch. She said that she was going to write me up for not being dressed appropriately because I was wearing my shorts and she said that she don’t care if I were punk, transgender, or whatever.

They stop our physical mail claiming that too much drugs are coming into the TDCJ units. She worry about me wearing booty shorts, but drugs still get here every day. And not only K2, they get methamphetamine, ice, weed, all kind. I know because I seen who bring into the C pod. And I got notes in my cell right now, on 8 March 2024, on people who ask me if I want to buy K2 and ice, but I can’t say shit because if I do or report it to the I.G. or STG they going to let these gang members know that I told on them and more retaliations going to occur.

I am the only transgender or gay at C. Pod. All other inmates here are gang members or part of some groups. I filed I-60 requests and send letters to classification in Huntsville asking to move me to a pod or unit where most LGBTQ prisoners are and never get a reply or get moved. It is so cruel what they doing to us. About a month ago, someone killed himself on C. pod. And two others try to cut they self too… Now, one more time, I ask please help me with legal assistance to put a stop to all this abuse. Thank you and hope I can hear from y’all or someone who want to help me.

Another Polunsky Unit prisoner wrote us in March 2024: I was called out by Captain Cerda concerning a PREA Safe Prison for sexual harassment and sexual assault…. he began asking me what’s up with this letter to PREA Ombudsman. I began to explain and he said, “aw hell, we got to do this whole PREA thing.” He then hands me a statement sheet. I ask for the dates for the PREA letter and times, but he said “don’t worry about it, just leave ’em out.” I told him I needed them cause this inmate was suppose to be out of his assigned work area and in safe keeping, and I’ve written PREA Ombudsman about this repeatedly. He stated, “If we weren’t so short handed all this shit wouldn’t be happening and if TDCJ had housing, safe keeping wouldn’t be on my fucking unit cause I damn sure don’t want yall here!”

I felt badgered and like I was wrong for filing the complaint with only half the info. And with Captain Cerda’s demeanor and Lt. Rodriguez throwing questions in… and her standing over me I felt pressured and I wrote as little as possible. I just wanted to be away from them.

…TDCJ Executive Directive PD22 #4 Tampering with a witness violation level 1: states “An employee shall not attempt to hinder or influence in any manner the testimony or information or any witness or potential witness in an investigation or administrative proceeding.”

<sup>Notes: 1. Victoria Law, 14 March 2024, FBI Raids California Prison Facing 63 Lawsuits Over Systemic Sexual Abuse, Truthout.
2. Jessy Edwards and Samantha Max, 26 March 2024, Late-night sex assaults. Invasive searches. The 700+ women alleging abuse at Rikers, The Gothamist.
3. Trans Pride Initiative PREA website
4. MIM(Prisons), September 2007, Gender Oppression in Prisons, Under Lock & Key No. 1.
5. TPI Prison Data Explorer</sup>

In mid-February on H-pod here in the ECB [Expansion Cell Blocks] prisoners got together and submitted 30 grievances about lack of dayroom and outside rec which G-5, G-4 and G-2 are all experiencing here in the ECB. The response from Warden Smith was that they are “understaffed”. I may submit my own grievance just to see if I get the same response though I have to be careful as the guards are using the gangs to police the prisoners and some of these fucking “Homeboys” do the pigs’ work for them violently. But I thought I would call your attention to an interview of Bryan Collier in the Nov-Dec 2023 and Jan. 2024 Echo Newspaper. In the January edition Collier admits to having “staffing” problems. So both Collier and Smith are aware of this understaffing but still it continues and they are not releasing anybody or hiring enough to quell the problems.

Two weeks ago it is rumored that a prisoner was raped by his celly. The word is this is the reason one of my classmates has been missing. I don’t know if a FOIA can be filed and help his family to get these motherfuckers? But being understaffed is dangerous and cruel for all of us.

These 30 grievances from G-4’s in H-pod on ECB and the January 2024 interview of Collier show corroborated “Deliberate Indifference.” Maybe I should also grieve this and send my copies to a supporter who can coordinate with prisoners, legislators, and the D.O.J. I’m sure Genocide Joe would love to get a piece of Greg Abbott and Ken Paxton for the bad press they have given him on the border?? We should take advantage of these asshole politicians whenever we can!!! Anyway, if you have any extra ULKs sitting around and can afford to send me another bulk mailing, please do so, so that I can distribute them here.

Securus advertises package pricing for movies I think that are about $12 a month but they are not offering these packages. Instead we have to pay from 6-12 dollars per movie rental! And they blame Hollywood Studios for this price gouging. I wonder if Hollywood knows about how they are exploiting us and our families? We should get Netflix for $16/month or something but 4.99-19.99 before tax is too much to charge “slaves” who do not get paid for their mandatory work!

MIM(Prisons) responds: It’s ironic that Abbott is fighting to militarize the border, but can’t find enough people to run his prisons. Though it’s our understanding that many Texas prisons are already being staffed by Nigerian immigrants working on visas. Meanwhile they have gangs working for the state, implementing repression and keeping the population sedated on drugs, while the staff sit around doing nothing. Though Biden has no qualms about supporting genocide, he does like scoring political points on Greg Abbot. This comrade might have a good idea here.

The Digital mail system launched by the Texas Department of Criminal Justice (TDCJ) last year has been disastrous for prisoners and those who communicate with them.

One comrade from Coffield Unit just wrote to say:

“In response to the TDCJ Digital Mail initiative article from ULK 84. My own postal mail has been averaging 3 months for receipt since the implementation of the program. Even our Securus e-mail at my unit has been taking up to 3 or 4 weeks to be received – both incoming and outgoing.”

Meanwhile we are receiving mail from comrades in Allred Unit that is dated from 3 months ago. While there are more delays in mail going in, they are happening in both directions.

The Warrior In White newsletter has been investigating delays and received the following responses:

[TDCJ Ombdusman to the nonprofit:] “There are no staff shortages and all mail is being processed within the 3 day limit as stated in the policy.”

[Mail System Coordinator in Huntsville:] We are currently experiencing a staff shortage. We were not expecting the volume of mail at the Dallas facility. All mail to you has been received at the facility, but not yet scanned (acknowledging the USPS Informed Delivery Service evidence showing the mail at the Dallas facility).”

[From Securus:] “There is no staff shortage. All mail is being processed within 5 days, unless there are pictures or photos, in which case it may take a little longer.”

One comrade is leading a lawsuit against the violations of the digital mail system as we reported in ULK 84.

Another comrade wrote in response to that suit to suggest:

“To a Texas prisoner who has filed a complaint challenging the constitutionality of the Agency’s contracting with a private vendor (i.e.: a for-profit company in Dallas, Texas) to digitalize all Texas prisoners’ incoming general mail and photographs for computer-generated posting to a prisoner’s Securus authorized tablets. I believe this Texas prisoner needs to read Securus Technologies, LLC’s Agreement of Terms and Conditions when challenging the Agency’s policy-related ban of senders’ mail piece items off of prisoners physical mail. See Texas General Arbitration Act.”

For those who cannot commit to participating in the lawsuit, we can continue to agitate around this issue. And one way is to file grievances. Below is an example grievance from a comrade that can help you write your own:

Dear UL&K Editor & Staff,

When i originally wrote to you regarding my lawsuit on the digitalized mail, i had NOT yet been assigned a case no. i have one now:

• Prisoners are NOT allowed to correspond with Plaintiff. ALL other INDIVIDUALS may write to Plaintiff using the name, #, and Unit, with:

WARNING Any fellow Texas Prisoner who wants to seek to join this suit as a Defendant WILL be required by the Court to pay applicable fees and court costs – so, don’t put your foot in the pond if you aren’t prepared to swim.

Again – as the Plaintiff – i am extending an open invitation to any Attorneys, Investigators, Paralegals, Researchers, Legal Aid Groups, or Sponsors who would like to offer assistance with this litigation.

• ALL pleadings filed to date should be available for viewing/downloading on the Court’s public website.

With appreciation for ANY assistance extended into my hand – have a great day and Blessed be.

Dear Friends,

Howdy from Texas! I have just read the Winter 2024 issue of Under Lock & Key provided to me by a friend. I’d like to be added to your mailing list.

Several articles caught my eye, most especially those focused on conditions within the Texas Department of Criminal Justice (TDCJ). One Texas prisoner wrote the bulk of your article on the ULK 83 Correction regarding drugs, murder, and the statewide lockdown imposed by TDCJ. His statements were quite accurate. At the H. H. Coffield unit, we also saw prisoner-on-prisoner murder. Two of them were very close to my housing. We were locked down in totality for 40 days in our 5x9 cells and fed a starvation diet of sack meals.

The TDCJ Digital Mail initiative article was quite good as well. My own postal mail has been averaging 3 months for receipt since the implementation of the program. Even our Securus e-mail at my unit has been taking up to 3 or 4 weeks to be received – both incoming and outgoing.

But at least we are now drug-free, right? Not hardly! Those who choose to use have seen no shortage of supply. Personally I believe the only way to supply that volume of drugs to this 4000 man unit is via the officer and staff.

The K-2 epidemic is alive and well in Texas as well as Nevada and inmates are choosing to be brain-dead as their primary coping mechanism. Inmates under the influence are generally ignored by officers and officials and the issue is very divisive among the prison population. After all, no one in their right mind wants a cellie or a neighbor who is a strung-out deadbeat who would rob their mama to get another stick.

Anyway, I could go on for days about TDCJ incompetency, prison conditions, housing, food, etc. but I’ve said enough for now. I’ll be looking forward to receiving your publication.

This year Tennessee banned all forms of slavery in the state. Now I’m trying to find out how to fight to get fair wages for work. If you can send info on how to fight that, that would be great.

A Florida Prisoner writes: Do you guys know the steps California prisoners took to gain their liberation from being treated as slaves under the 13th Amendment of the Constitution? I need to know the steps they took because I would like to initiate these same steps in the Florida prison system to see if we can also gain our liberation under the 13th.

A Texas Prisoner writes: This is a plea for us to come together in a prolonged effort to get the Texas Legislature to end slavery in Texas by removing the exception clause from the Texas Constitution. This is what we’re asking each and every one of you to do: From now until the Texas Legislature convenes, write to your state Representatives and Senators and ask them to convene a special session or whatever it takes to remove this clause. You should also write to Sunset Advisory Commission PO Box 13066 Austin, TX 78711.

Wiawimawo of MIM(Prisons) responds: In the November 2022 elections the vast majority of Tennessee voters voted to amend their state constitution to read:

“Slavery and involuntary servitude are forever prohibited. Nothing in this section shall prohibit an inmate from working when the inmate has been duly convicted of a crime.”

We print the first two comrades’ questions for others to answer. We’ve been asking for years what the point of these campaigns to amend the Constitution is? How does this get us closer to liberation, not to mention just benefiting prisoners in the short-term? An attempt to search for increases in prisoner wages in Tennessee just brings up articles on massive increases in C.O. pay (prior to the above amendment).

As for California, the Constitution still says slavery is okay for the convicted felon. So there’s been no “liberation” in that regard. California prisoners are required to work or engage in other programs deemed rehabilitative by the state. While California legislators have cited cost concerns for not supporting amending the Constitution, it is not clear that states that have changed their constitutions in this regard have had financial impacts (especially by requirements to pay prisoners higher wages).

If our readers have information to the contrary or examples of these campaigns leading to anything, please write up an article for ULK. But we know from a historical materialist understanding that slavery has only been ended through class struggle, not by voting or writing your Senator.

On 20 October 2023 I filed a complaint challenging the constitutionality of the Texas Prison Administration’s contracting with a private sector, for-profit company in Dallas, Texas to digitalize all TDCJ-CID prisoner’s incoming personal/general correspondence and photographs for posting to the SecurusTech tablets issued to us in May 2023. I paid the full filing fee as well as the administrative and service fees.

I submit this information and the following to ULK for the following reasons:

1. To seek unity across state and federal prison systems currently under digitalized mail policies.

2. To provide fellow prisoners in all prison facilities with details on my challenge to digitalized mail so that we can coordinate a nationwide attack, and perhaps get an inter-state class action lawsuit that will be moved to the u.$. Supreme Court.

3. To hopefully secure a Pro Bono assistance of attorney to ensure all the bases are covered.

While I was able to cover the initial $500 cost to file the complaint by sacrificing renewal of several magazine subscriptions and commissary “luxuries”, I do not have the financial ability to hire counsel or investigative resources, nor any further admin fees so I am going to need help.

The complaint’s Constitutional challenge relies on numerous First and Fourteenth Amendment issues of freedom of speech and due process, to wit:

1. Exaggerated Response:

TDCJ-CID administration claims the ban on physical mail is to stop the drugs/contraband that come through USPS mail. However, physical mail may account for less than 1% of incoming drug contraband, and such drug-laced articles of mail can be easily detected, isolated, and removed using the K-9 drug detection units that are maintained on every TDCJ-CID unit. Everyone, including the prison administration, knows that almost 100% of the drugs and contraband that enters prison facilities gets in through one of only three ways:

A. Corrupt admin/security employees.

B. Outside trustees picking up “drop” packets outside the security fence and bringing or passing them to inside trustees.

C. Private sector deliveries to the prison (kitchen and office supplies, or vendors for guards’ food orders and commissary supplies) having “special” cartons containing hidden contraband.

Yet, the prison administration takes almost no measures to check these primary sources for drugs/contraband.

2. “Chilling” and/or blocking legitimate freedom of speech and expression:

As a published op-ed columnist and essayist whose work has appeared in two syndicated newspapers, and on several internet sites that are operated by 501.3-c organizations, my readers range from Junior High students to nursing home residents, Democrats, Republicans, members of every other political party, housewives, secretaries, police officers and bartenders.

Often my readers want to write me but the venues I am published in rarely publish contact info, so readers google me to find out I am confined at a certain prison facility then google the facility to determine its address then send their letters to me there.

Prior to the digital mail policy, I received their letters (about 8-12 per week). After the policy, I have received NONE. The unit mailroom return to sender all “personal/general” mail that comes for a prisoner without explanation. Hence, this blocks my readers’ letters to me and “chills” their desire to communicate (they probably think I refused their letters). Students and the elderly who write me often don’t know to go to the prison website to check correspondence rules.

3. Denial of due process prior to restriction of mail:

I am a Naturist. I don’t use drugs, nor have I ever had anything to do with drugs. I have never been accused of, charged with, nor found guilty on any drug-related behavior in any administrative or criminal hearing, and have never been accused of or found guilty of smuggling/attempting to smuggle or posses “contraband.” That is, yet.

Without any form of due process I have been denied my lawful privilege and right to receive property sent to me (i.e. the physical letters and photos).

Physical letters and photographs have a sentimental “keepsake” value beyond any monetary valuation.

The u.$. Supreme and lower courts have held uniformly that copies/digital images of a document/photograph are not the same as the original. Ergo, sending me or any prisoner digital copies of their letters and photos (or even copies) is not giving them the property their letters/photos constitute.

The u.$. Constitution requires a due process seizure hearing before government can seize a citizen’s persynal property, whether that property is land, a vehicle, or an article of mail having value to the citizen.

Note: If the government, at such a hearing, can produce legitimate evidence that I have attempted to smuggle contraband/drugs through the USPS mail into the prison, then and only then would it be legally justified in enforcing a “digital mail only” rule upon me.

4. The digital mail “blanket” policy is overly broad:

The number of prisoners who attempt to smuggle drugs/contraband through the USPS mail is minuscule. 99% of prisoners would never even consider such a foolish act. Even prisoners who use and traffic drugs and other contraband generally don’t use the mail because (a) the volume of drugs that can fit in a letter doesn’t justify the risk and (b) it’s much easier to get large amounts of drugs brought in by one of the other venues.

All the digital mail policy does is punish hundreds of thousands of prisoners who don’t smuggle drugs or contraband in the first place. It’s analogous with fining the entire town’s citizens for excessive noise because there’s one “pothead rocker” playing eir stereo too loud.

Most prisoners use the USPS mail in a legal, rule abiding manner and never try to smuggle through the mail. First and Fourteenth Amendment rights are fundamental, and mail digitalizing policies abrogate those rights in an overly broad and exaggerated response to a security issue that would be more easily (and economically) dealt with in a less intrusive manner.

These four points (and their consequential points) are the primary basis of my complaint.

Do prison authorities have a legal right to impose and enforce mail digitalizing for security reasons? Yes. But only in a reasonable manner necessary to address the specific security problem without punishing prisoners who are not a party to the problem. Officials can not punish innocent prisoners nor strip them of constitutional rights merely because a tiny fraction of the prison population is causing a problem.

So if anyone wants to get on board to help get this issue litigated properly, get in touch with me ASAP. Today is 18 November 2023, don’t delay.

A comrade at Bridgeport Unit reports: I would like to inform you of a change in the Law Library Holding list as of November 2023 the Law Library has taken the PD-22 Rules of Conduct out of the Law Library. It seems as if any ammunition we can use to fight with they want to destroy it somehow. The other problem is this digital mail is taking forever to get to one’s tablet. I have received numerous letters that are 2.5 to 3 months old. This has become a problem for many. I did receive newsletter #83 in the month of November 2023.

MIM(Prisons) adds: We have reported on the history of censorship of TDCJ’s own documents in previous issues. While we had encouraged comrades inside to challenge this legally, one comrade has informed us that ey believes this to be a faulty strategy. We are not lawyers, so we provide these ideas for consideration:

TDCJ has the discretion to withhold, or delay, any administrative documents they may or may not deem to be challengeable in public information act. There is a logical reason behind certain “administrative documents” not to be made available for Texas residents (i.e. friends and families, including incarcerated prisoners off of general population). I’m sure by now that these certain “administrative documents” are not censored. For items or certain materials that are being withheld – whether it be a policy, procedure, regulation, or rule – it is a fact that a governmental department is not obligated to disclose public information. Governmental departments are obligated to disclose public information at the requestor for inspection and review. See Tex. Gov’t Code, Sec. 552.221 through Sec. 552.235. They are not censoring. They are REMOVING it. Trickery word.

Filing lawsuits in federal court pertaining to the items or materials being complained under the claim of censorship is supporting and encouraging those administrative suits in being DISMISSED (or dismissed with prejudice). Giving away $350-$400 for free without meaningful merit to be heard or read…

Please refer incarcerated people in Texas to search out an author by the name of Raymond E. Lumsden on numerous books: The Pro Se Section 1983 Manual; The Habeas Corpus Manual; Ask, Believe, Receive; The Pro Se Guide to Legal Research & Writing, etc. These books are available from Amazon, Barnes and Noble and FreebirdPublishers.com.

A comrade in Allred Unit reported: Just today I received your mail confirmation letter via my tablet. The letter is dated 14 September 2023, so it is taking over 2 months to get our mail and we cannot print it out. TDCJ rules on Digital Mail say that if a document requires an inmate’s signature it is supposed to be sent to the unit’s Law Library. I doubt that they will give it to us if it is not legal work though. They would not allow applications from transition houses in until recently “Forgiven Felons” got permission to send theirs in.

MIM(Prisons) adds: The digital mail is making it harder for us to even track censorship by not allowing prisoners to fill out and return forms, not to mention blocking opportunities for support upon release!, or receive notices from the institution as described below.

A comrade at Ferguson Unit reported: When you sent the ULK 82 & 83 bulk mailings they initially denied them entry, without giving me notice. They don’t even send such institutional forms like that via regular mail, it went electronic and i don’t have a tablet since September so i didn’t even know until early December when i finally got them to budge and print out the electronic mail. This mail shit is absolutely showcasing the inadequacy of these state actors and the exploitative corporations (Securus/JPay).

Warriors in White, a non-profit org supporting restorative justice wrote: Our newsletter was blanket-banned across the entire TDCJ system due to a change in mail policy, which required all mail to be sent to a central mail processing facility. This new policy was approved on 23 June 2023 but not updated in unit law libraries until 4 August 2023. No reason has been provided. At the end of October 2023, we received clearance and approval to again distribute the newsletter. But again, no reason for denial, and no notification for denials and newsletters returned has ever been provided.

Secondly, all TDCJ residents now rely on Securus tablets to receive mail. As of the end of October 2023, most are still receiving mail postmarked throughout August into the first week of September 2023. TDCJ policy clearly states all mail is to be processed within 72 hours (3 days), through the mail processing facility.

According to the TDCJ Mail System Coordinator, there is a staff shortage at the facility. Additionally, MSC has claimed they were unprepared for the amount of mail received at the new facility. This is quite hard to believe, when the TDCJ, in decades past, has logged every single piece of mail through its system both on computer and in paper log books.

According to the TDCJ Ombudsman, all mail is being processed within the 3 day limit and there are no staff shortages at the mail processing facility. According to Securus, they are unaware of any mail processing problems, and that “all mail is processed within 5 days unless it includes photos or pictures, in which case it may take a little longer.”

Further, the TDCJ is clamping down on peer-to-peer legal assistance. If you have a Securus tablet which receives programming from the Freedom Radio Legal Show on 106.5 The Tank, that info has been banned from the tablet due to overwhelming listener response. While gratefully received, TDCJ will no longer accept requests, etc. addressed to the legal show, one of a long list of new restrictions. So if you sent a newsletter request to Freedom Radio for a Warriors In White newsletter subscription, the Polunsky Unit mailroom has been destroying all requests since the beginning of June 2023 to the present. If you know someone who applied for the newsletter please resend your request to WIW-DOM PO Box 301, Huntsville, TX 77342. Please do not send legal questions to the PO Box as we are not ready for those yet.