MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
www.prisoncensorship.info is a media institution run by the Maoist Internationalist Ministry of Prisons. Here we collect and publicize reports of conditions behind the bars in U.$. prisons. Information about these incidents rarely makes it out of the prison, and when it does it is extremely rare that the reports are taken seriously and published. This historical record is important for documenting patterns of abuse, and also for informing people on the streets about what goes on behind the bars.
In Alabama the law offers economic incentives to starve prisoners.
Sheriffs get $1.75 per prisoner per day to feed people in jail, and they
get to pocket any of that money not spent on food. According to the
Southern Center for Human Rights, the sheriff in Etowah County “earned”
$250,000 in 2016 by starving prisoners in that county.
At least forty-nine Sheriffs are refusing to report how much food money
they are pocketing. Civil rights groups are suing these Sheriffs in an
attempt to require them to release this information. But that still
leaves the broader problem of the law that many are interpreting to
allow Sheriffs to profit by starving prisoners.
As we discussed in the article
MIM(Prisons)
on U.$. Prison Economy - 2018 Update, criminal injustice system
employees in the United $tates are the primary financial beneficiaries
of the largest prison system in the world. Good pay and job security are
appealing enough to draw many to this profession that exists off the
oppression and suffering of others. With a system structured in this
way, we shouldn’t be surprised that Sheriffs in Alabama feel entitled to
pocket money intended to feed people in their jails.
Men form groups for wealth and power Waging wars to feed
their greed Countless masses they devour Causing world-wide
misery Turning free men into slaves Starving children meet their
graves Yet the world is not amazed Not many seek to make a
change The ruling class enslaves the masses Dark-complexion
people suffer Socio-economic madness All the world chaotic,
tragic
Worn the shackles much too long Too much time locked in the
cage All has turned to hate and rage No longer will I be a
slave Spent my hours lost in pages Of the books that educate
Any mind that seeks the answers And the mind to liberate The
people of the planet suffer All is in the name of greed But it’s
time to make a difference No more shall I be deceived
The ruling class are merely men Like you and I they cry and
bleed They’re also prone to make mistakes And they can fail like
they succeed The rulers are all small in number We are their
real source of power Let us liberate ourselves Unite so all
alive are free Snatch the kingdom from the kings Throw the
tyrants off their thrones For liberty and equality
The United $tates government, and society in general, spend an enormous
amount of money on the criminal injustice system. The primary reason
behind this expenditure, from the perspective of the government, is
social control of oppressed nations within the United $tates.(see
Politics
of Mass Incarceration) But there are other beneficiaries, and
losers, in this expensive criminal injustice system. In this article we
will look at where the money comes from; who is benefiting and who is
paying; and how these economic interests play into our strategy to
organize against the criminal injustice system.
This is a follow-up to
“MIM(Prisons)
on U.S. Prison Economy” written in 2009. By periodically looking at
these economic facts and trends we can gain insights into how the
imperialist system operates and what strategies and tactics will be most
effective in our struggle against imperialism.
Direct costs of prisons
Total spending on prisons and jails more than quadrupled over the thirty
years between 1980 and 2010, from approximately $17 billion in 1980 to
more than $80 billion in 2010. When including expenditures for police,
judicial and legal services, the direct costs reached $261 billion.(1)
For comparison, in 2015 the United $tates “defense” budget was $637
billion, up from $379 billion in 1980, a 68% increase.(2,3) In that same
period, total government spending on K-12 education more than doubled,
going from $271 billion to over $621 billion.(3) So we can see the
growth in criminal injustice system spending was dramatically faster
than the growth in other government spending.
Hidden costs of prisons
Direct expenditures on prisons are just the tip of the iceberg in terms
of the economic impact of prisons. One study, conducted in 2016,
estimated the total aggregate burden of imprisonment at $1 trillion,
with an additional $10 in social costs for every $1 spent on
corrections. This means that most of that $1 trillion is being borne by
families, community members, and prisoners themselves.(4)
Being locked up in prison comes with a lot of negative consequences
beyond the obvious loss of years of one’s life spent behind bars.
Economically these costs include lost wages, reduced earnings once on
the streets, injuries sustained behind bars (from guards and other
prisoners), and for some the ultimate price of death from fatal injuries
while in prison, or a shorter life expectancy for prisoners. This totals
up to annual costs of just under $400 billion dollars per year.
Estimated Costs borne by prisoners:(4)
Lost wages while imprisoned ($70.5 billion)
Reduced lifetime earnings ($230.0 billion)
Nonfatal injuries sustained in prison ($28.0 billion)
Higher mortality rates of former prisoners ($62.6 billion)
Fatal injuries to prisoners ($1.7 billion)
Beyond the direct costs to prisoners, family members and society in
general carry an even larger financial burden. This includes direct
costs like traveling for visitation of loved ones and moving costs when
families can no longer afford their homes. But also less obvious costs
like the impact prison has on family members which has been demonstrated
to worsen the health and educational achievement of prisoners’ children,
leaving some homeless, lead to higher rates of divorce and also reduce
the marriage rate in the community. Further there are costs to society
from homelessness of released prisoners, and reentry programs and others
serving prisoners.
Estimates of Costs Borne by Families, Children, and Communities:(4)
Visitation costs ($0.8 billion)
Adverse health effects ($10.2 billion)
Infant mortality ($1.2 billion)
Children’s education level and subsequent wages as an adult ($30.0
billion)
Children rendered homeless by parental imprisonment ($0.9 billion)
Homelessness of former prisoners ($2.2 billion)
Decreased property values ($11.0 billion)
Divorce ($17.7 billion)
Reduced marriage ($9.0 billion)
Child welfare ($5.3 billion)
These expenses disproportionately impact oppressed nation communities as
the primary target of the criminal injustice system. A majority of
prisoners are New Afrikan and Chican@, and this is a form of economic
oppression against those nations. Unlike government expenditures which
create jobs and fund industries, most of these expenses do not directly
financially benefit anyone. This is just economic punishment piled on
top of the punishment. The massive United $tates prison system is not
just a tool of repression, it is actively worsening the economic
conditions of oppressed nations, keeping significant sectors of these
nations trapped in precarious conditions.
Prisons Create Jobs
While prisons have a devastating impact on oppressed nation communities
in the United $tates, they play a different role for the
disproportionately white employees of the criminal injustice system and
the mostly rural communities in which these prisons operate.
Of the direct expenditures on prisons and jails, a lot of money goes to
jobs for guards and other correctional employees. In 2016 there were
431,600 guards in prisons and jails, earning on average $46,750 per year
or $22.48 per hour.(5)
We can see striking examples in states like New York and California
where prisons are clustered in rural white communities (upstate New York
and in the central valley of California), but they are imprisoning
mostly oppressed nation people from urban communities.
In 2012 (the latest data available from the U.$. Bureau of Justice) the
total number of criminal injustice system employees across federal,
state and local governments was 2,425,011 of which 749,418 were prison
staff.(6) About half of the total corrections budget goes to pay
salaries for prison staff, which is two orders of magnitude more than
the $400 million in profits of private prison companies.(17)
There are other jobs generated more indirectly by prison spending:
construction jobs building and maintaining prisons, and jobs in all of
the industries that supply the prisons with food, bedding, clothing, and
other basics required to support the prison population. While some of
these costs are recovered through prisoner labor (we will address this
topic in more detail in ULK 62), the vast majority is still paid
for by the government. Vendors also make a lot of money through
commissary, phone bills, and other costs to prisoners. There are clearly
a lot of individuals and corporations with an economic interest in the
criminal injustice system.
Most prisons are in rural areas, often in poorer parts of states. Some
prison towns are entirely centered around employment at the prison, or
support services like hotels for visiting families. Others may have a
more diversified economy but the prisons still provide a significant
number of jobs for residents. These jobs give workers, and the community
their jobs are supporting, a strong interest in seeing prisons stay full
or grow bigger.
In reality, many jobs in newly-built prisons go to people from outside
of the community where it was built. People with experience are brought
in to fill these jobs. Many of these workers commute to the prison
rather than relocate to a rural town. And there is some evidence that in
the long run prisons are bad for the economy of rural communities. But
this is definitely not a popular opinion as many communities lobby
aggressively for prison construction. Once a prison is in place in a
community, even if it’s not working out so well, it’s not easy to
reverse course and change the economy. As a result some towns end up
lobbying for building more prisons to help bolster their economy once
they have one in place.(7)
Given the size of the criminal injustice system, and the many people
employed in and around it, this is a big incentive to maintain Amerika’s
crazy high imprisonment rates. It’s like a huge public works program
where the government gives money to create jobs and subsidize
corporations working in and around prisons.
State vs. Federal Funding
Most prison spending is at the state level. In 2010 state governments
paid 57% of the direct cash costs, while 10% came from the federal
government and 33% from local governments.(1) It’s all government money,
but this fact is interesting because it means state economic interest is
likely more important than federal economic interest in determining
criminal injustice system spending.
Looking closer at state spending on prisons we find that imprisonment
rates vary dramatically by state (8). Top states by imprisonment rate
per 100,000 adults:
Louisiana 1370
Oklahoma 1340
Mississippi 1230
Alabama 1140
Georgia 1140
Texas 1050
Arizona 1050
Arkansas 1050
All other states have rates under 1000 with a few states down in the
300s.
Prison populations are still growing in a few states, but in the top
imprisonment rate states listed above only Arizona’s population grew
between 2014 and 2015 (1.6%). Most of the states with an increase in
imprisonment rate between 2014 and 2015 were very small states with
smaller prison populations overall.(9)
There is a skewing towards high imprisonment rates in southern states.
These are typically poorer states with fewer economic resources. It’s
possible these states feel a stronger drive to build prisons as an
economic growth tool, in spite of the evidence mentioned above now
suggesting this isn’t necessarily the best path for towns to take. It’s
an interesting “investment” decision by these poorer southern states
that suggests there is more than just economics in play since it is a
money-losing operation for already financially strapped states.
Just as the decrease in country-wide imprisonment rates coincided with
the peak of the recession in 2008, it’s inevitable that economic
interests by the states, and by the many employees of the criminal
injustice system, are also influencing prison growth and prison
shrinkage. In some cases it is a battle between the interests of the
prison workers, who want prisons to grow, and the states that want to
stop bleeding so much money into the prisons. In each state different
conditions will determine who wins.
Economic Crisis and State Responses
In 2009, MIM(Prisons) looked at the potential of the economic crisis to
motivate a reduction in prison populations to address state budget
shortages. We cited a few examples painting that as an unlikely
scenario. The statistics do show that the total imprisoned population
has dipped since then. Here we revisit some of the big prison states to
see how things have shaken out since 2008.
If anything, overcrowding continues to be a bigger issue in many states
than funding issues. Though overcrowding may reflect a reluctance to
build new facilities, which is related to budgets. Ohio just celebrated
a modest decrease in their prison population at the end of 2017.(10) At
49,420, the population was a few thousands smaller than projected four
years earlier when things weren’t looking so good.(11) But overall the
numbers have just hovered around 50,000 since before the 2008 economic
crisis.
Ohio was looking to the court-ordered prison population reduction in
California as an example of what might happen there if they didn’t get
their numbers under control. The California reduction (or “realignment”)
was to address overcrowding in response to a lawsuit about conditions,
and not budget problems. It was significant, with a reduction of almost
30,000 prisoners in the year following the “realignment.” Numbers are
even lower today. However, county populations have increased as a
result, with an estimated increase of 1 county prisoner for every 3
reduced in the state system. In other words, the county population was
up over 10,000 people following the realignment.(12) Still California
accounted for a majority of the decrease in prisoners in the United
$tates since 2010.
Former Illinois Governor Pat Quinn canceled plans to close Pontiac
Correctional Center back in 2009. But current Governor Bruce Rauner has
a plan to reduce the population by 25% over the next decade, already
having reduced it by thousands over a couple years.(13) The Illinois
state system also remains over capacity at this time. However, Governor
Rauner primarily cites fiscal concerns as eir motivation for the
reforms.(14) Texas also recently reduced its population by 5,000,
closing one prison. Both Texas and Illinois did this by putting more
money into treatment programs and release resources.(14)
Pennsylvania has also implemented reforms in sentencing and preventing
recidivism.(15) After the passing of the 2012 Justice Reinvestment Act,
population numbers began to level off and even decrease by hundreds each
year. Like Ohio, Pennsylvania’s population has been hovering around
50,000, and like many other states these numbers remain over capacity
for the state (which is closer to 43,000).(16)
Overall we’re still talking about fairly marginal numbers here, and not
a systematic transformation. We peaked at 2.3 million prisoners in the
United $tates, and now we’re closer to 2.1 million. Still by far the
highest imprisonment rate in the world. Ultimately, the economic crisis
of 2008 did not have a huge impact on Amerikans because of the ability
of imperialism to push crisis off on the periphery. But we can conclude
from this experience that a serious economic crises is not enough to
significantly change the course of the massive Amerikkkan injustice
system.
Conclusions
Prisoners, their family and the community pay a heavy price for
imprisonment, and this includes a significant financial cost. The impact
on oppressed nation communities plays into the ongoing national
oppression that is part of imperialism. So we shouldn’t be surprised by
an imperialist society tolerating and even perpetuating these costs.
But prisons also cost the government a lot of money. And clearly these
costs have not deterred the United $tates government from maintaining
the highest imprisonment rate in the world. It’s a very expensive public
works program, if all this money is being spent just to supply jobs to
the many workers in and around the criminal injustice system. Although
these jobs do provide significant political incentive to sustain prisons
at their current level, Amerikan capitalist history provides us with
plenty of examples of cheaper and more socially productive programs that
create jobs for groups currently employed by the criminal injustice
system. It’s clearly a political choice to continue with this
expenditure and pour money into a costly system of social control.
Some anti-prison activists try to use the high costs of prison to their
advantage, organizing around slogans that emphasize that this money
could be better spent elsewhere, like on education. The 10-year
aftermath of the 2008 economic crisis demonstrates the weakness of this
approach. The social forces of change are not coming from state
bureaucracy budget offices. The social force for change are the
oppressed nations that are still being targeted by the out-of-control
injustice system, and the lumpen organizations that come up as a means
of self-defense from this oppression.
24 OCTOBER 2016 – I have received y’all’s latest newsletter. I love
reading the ULK newsletters. Always very informational. Which has
helped me a lot!
Here at the McConnell Unit in Belville, Texas, it is very, very, hard to
get prisoners involved in such issues as 1) Campaign to resist
restrictions on indigent correspondence; 2) Petition the Federal Trade
Commission: TDCJ’s monopoly on stationary; 3) We demand our grievances
are addressed in Texas, etc, etc.
I’ve shared the Texas Pack with several prisoners and some just say that
they are not interested. As long as they let prisoners here watch TV, go
to the commissary, use the phone, play dominoes, chess, and scrabble,
people don’t care. It’s all they care about, which in reality is very
sad. Because these are issues that affect us all as a whole group. And
in some cases violate our civil and constitutional rights.
The Texas Pack has given me very helpful information for not only my own
benefit but to help other prisoners who ask for help, and especially
those that are monolingual and don’t know how to file a grievance, etc.
The information that y’all supply me has not only helped me but for me
to help others, which I do almost on a daily basis. Thank y’all very
much!
MIM(Prisons) responds: This author is using the Texas Pack
exactly as it’s intended – not to be hoarded as a persynal reference,
but to be shared with others so we can all benefit. Ey also brings up an
all-too-frequent complaint about prisoners in Texas: that they are
checked out and unwilling to stand up for their rights or the rights of
others. What is the difference between this writer, and the people ey is
saying only care about board games and TV? Obviously there are activists
in TDCJ facilities. How are they made?
Even people who seem to only care about board games and TV, we know
they’re not just lazy or don’t care. It is likely a defense mechanism
they’ve developed over time. If i only care about TV, i can have some
happiness even though i’m in prison. If i only care about TV, i can for
the most part avoid attention from prison staff. If i only care about
TV, i can access something i want; i can escape from my reality for a
short time; etc.
It’s unlikely, though, that these folks only care about TV, even though
that’s what they’re projecting. Presenting the grievance petition to
them, while it’s a righteous campaign, often just makes people
defensive. They’re defensive because they need to protect this narrative
that they’ve created about their “values,” often times in order to just
get through the day, and cope with their harsh reality.
Certainly with some people we can present a valid campaign, they’ll
recognize it as a valid campaign, and they’ll come on board. But people
who are defensive or prone to stagnation need a different approach.
A good place to start in trying to organize these folks is to figure out
what they do care about, besides TV. They may not want to talk about it,
it may be sad and upsetting to care about things you can’t have (such as
affection with your children while you’re in prison, for example). But
we can still try to help them figure it out. Help them develop their
identity around their own value system, rather than the value system put
upon them by bourgeois society and imprisonment.
How do they want to be seen by the world, their family, their peers?
What do they want to stand for? What have they done in the past that
they felt good about, that represents how they see themselves? When we
know answers to these questions, we can help show how their values
actually relate to the campaigns outlined in the Texas Pack and the
pages of ULK.
Issue 63 of ULK is going to be focused on this topic of tactical
organizing approaches, and the nitty gritty of building the United Front
for Peace in Prisons. We want our subscribers to send in methodology and
tools which have helped them in their organizing efforts. Even if it
doesn’t have a formal name, can you spell out your approach for dealing
with ambivalence, or ignorance, or even a disorganized study group
meeting? We want to hear about it and share it with others!
U.$. imperialist leaders and their labor aristocracy supporters like to
criticize other countries for their tight control of the media and other
avenues of speech. For instance, many have heard the myths about
communist China forcing everyone to think and speak alike. In reality,
these stories are a form of censorship of the truth in the United
$tates. In China under Mao the government encouraged people to put up
posters debating every aspect of political life, to criticize their
leaders, and to engage in debate at work and at home. This was an
important part of the Cultural Revolution in China. There are a number
of books available that give a truthful account, but far more money is
put into anti-communist propaganda. Here, free speech is reserved for
those with money and power.
In prisons in particular we see so much censorship, especially targeting
those who are politically conscious and fighting for their rights.
Fighting for our First Amendment right to free speech is a battle that
MIM(Prisons) and many of our subscribers waste a lot of time and money
on. For us this is perhaps the most fundamental of requirements for our
organizing work. There are prisoners, and some entire facilities (and
sometimes entire states) that are denied all mail from MIM(Prisons).
This means we can’t send in our newsletter, or study materials, or even
a guide to fighting censorship. Many prisons regularly censor ULK
claiming that the news and information printed within is a “threat to
security.” For them, printing the truth about what goes on behind bars
is dangerous. But if we had the resources to take these cases to court
we believe we could win in many cases.
Denying prisoners mail is condemning some people to no contact with the
outside world. To highlight this, and the ridiculous and illegal reasons
that prisons use to justify this censorship, we will periodically print
a summary of some recent censorship incidents in ULK.
We hope that lawyers, paralegals, and those with some legal knowledge
will be inspired to get involved and help with these censorship battles,
both behind bars and on the streets. For the full list of censorship
incidents, along with copies of appeals and letters from the prison,
check out our censorship reporting
webpage.
Florida
Following up on our protest letters over the censorship of ULK
58, Dean Peterson, Library Services Administrator for the Florida
DOC responded:
“The issue in question was impounded and the impoundment was
subsequently reviewed by the Literature Review Committee on 11/15/2017,
at which time the issue was rejected. This means it will not be allowed
into any of our institutions. The stated reason was Florida
Administrative Code (FAC) Ch. 33-501.401(3)(m), which states: ‘It
otherwise presents a threat to the security, order or rehabilitative
objectives of the correctional system or the safety of any person.’”
Peterson went on to quote the mail rules on how publishers can obtain an
independent review. But did not bother to respond to any of our
arguments in our previous request for a review of this decision.
Florida - Charlotte Correctional Institution
In response to a grievance filed by a prisoner regarding lack of
notification of censorship of eir Under Lock & Key, P.
Vartiainen of the mail room wrote:
“If a publication is impounded or rejected, a notice will be given to
you. Every issue of Lock & Key has been rejected by the State since
January 2014. Notices have been given to all subscribers. There is no
record of you subscribing to this publication. Your informal grievance
is DENIED.”
Washington - Clallam Bay Correctional Facility
CBCC also rejected ULK 59 “pending review” because it
“Contains articles and information on drugs in prisons and the cost
comparison of inside and outside of prison as well as movement of
drugs.”
Not sure how that at all relates to the penological interests of the
institution.
Washington - Stafford Creek Correction Center
A subscriber was given an official rejection notice, stating “Incoming
newsletter containing indepth information on the drug problems and
values of drugs within the correctional setting which is a security
issue.”(Vol. 59 pg1,4-7, 16 – File No. 18346) What is the security
issue…?
Michigan - Marquette Branch Prison
“Under Lock & Key #59 will be rejected because the articles contain
information about criminal activity that could promote uprisings, unrest
and disruption within this facility. The entire publication has a
‘revolutionary, protest, uprising’ theme. There is also red ink on the
back page that will be rejected because it cannot be searched
thoroughly.”
ULK readers know we do not print anything in colored ink, so red
ink (if it really was there) is either from the post office or the mail
room. Additionally, political or revolutionary content is illegal as
grounds for censorship going all the way back to Thornburgh v.
Abbott, 490 U.S. 401.
Mississippi - South Mississippi Correctional Institution
A prisoner reports:
“The South Mississippi Correctional Institution has implemented
practices by which ANY book sent to a prisoner for ‘free’ is censored,
rejected, and returned to the sender. The rejection notices say only
that ‘free books are not allowed’ and/or that ‘inmates must pay for
books.’ There are 33 facilities housing MDOC prisoners and SMCI is the
only prison doing this! This means that prisoners cannot benefit from
any free books to prisoners programs. Some prisoners, including this
writer, are challenging this practice via legal venues (i.e. grievances,
potential lawsuit). Anyone wishing to protest this practice may do so by
writing Superintendent Jacqueline Banks, PO Box 1419, Leakesville, MS
39451 or jbanks@mdoc.state.ms.us. If possible cc all letters to MDOC
Commissioner Pelicia Hall, 633 N. State Street, Jackson, MS 39202
(peliciahall@mdoc.state.ms.us).”
I’ve come to recognize here at California New Folsom State Prison, that
the true measure of our commitment to justice, the character of our
society, our commitment to the rule of law, fairness, and equality
cannot be measured by how we treat the rich, the powerful, the
privileged, and the respected among us. The true measure of our
character is how we treat the poor, the disfavored, the accused, the
incarcerated and the condemned.
Prisoners housed at New Folsom EOP/GP mainline are being denied the
right to earn good time/work time credits, and therefore can’t get
paroled or released. We are being denied the opportunities and support
which are given to every other prisoner and at every other prison within
California.
The 4th and 14th Amendment declares that “equal protection of the law”
cannot and must not treat prisoners differently then others without
reasonable and probable cause. People who are eligible for an earlier
parole hearing under Senate Bill 260 and Senate Bill 261 pc 3051
(Youthful Parole) shall and must earn credits toward reducing time on
their new parole date, not their original parole date or false reported
date.
Snitches are benefiting. Lifers are getting time knocked off such as 9
to 10 years due to reasons of Prop 57. It doesn’t even matter to them
because they still will be labeled as lifers by the CDCR/DOC. Also those
with money and/or are white have been benefiting.
Without dehumanizing or snitching or becoming SNY, we want to secure the
Prop 57 rights granted us under law. We continue to struggle not to be
set up and framed with charges. Many of us have caught fake cases
because we’ve stayed silent and solid.
Please send us advice and materials so we may continue to organize.
CA USW Council Comrade Responds: The only thing I can say is that
CDCr made promises that they’re not living up to, once they let us all
out of SHU. I can attest to the truth of the above statement. You will
get privileges if you go SNY, as I met a few people while in Ad-Seg that
were going SNY so the board can release them. They’re not releasing
anyone who has the gang label or STG label on them.
What I can say is that anyone wanting material concerning Prop 57 can
write to: Initiate Justice, PO Box 4962, Oakland, CA 94605. This is the
litigation team that’s fighting for the changes in the regulations so
that people can get parole.
Another CA USW Council Comrade Responds:
First, I don’t think we should waste our time organizing around these
reforms because we are not a reformist org, we are a revolutionary org.
Secondly, according to Prop 57 guidelines, everyone who hasn’t served a
SHU term is eligible for good time/work time credits, however they are
not retroactive but only go towards the remainder of one’s sentence. So
if you’ve been incarcerated for 20 years and you still have 5 years left
on your sentence you will only be able to be awarded good time credits
towards your remaining 5 years. As soon as Prop 57 was enacted, case
records began re-calculating everyones sentence who qualified. The
entire process took about four or five months here.
Also, according to Prop 57 people who fall under any of the Youth
Offender laws SB9, 260, 261 & 262 cannot receive earlier parole
board dates than that which they already qualified for under the various
State Bills. The only thing that changed is your MERD (Maximum Eligible
Release Date). For example, under Prop 57 my MERD went from 2030 to 2028
but under SB261 my parole board date dropped from 2030 to 2021 at the
soonest but no later than 2023.
For more information on Prop 57 people can write to the San Quentin Law
Office which sends free legal materials to prisoners or they can contact
Initiate Justice, Lifer Support Alliance and many other reformist orgs.
By the way the final regulations on Prop 57 already came out and NOTHING
CHANGED! But what else could we expect from CDC? Fuck reforming the
system, smash it!
I’m writing in response to an article in ULK 58,
“Illinois
Budget Doesn’t Include Due Process.” The Illinois prisoner states he
cannot get a grievance form from staff. The U.S. Supreme Court has
addressed this issue in Ross v. Blake 136 S.Ct. 1850 (2016) which states
“An inmate need exhaust only such administrative remedies as are
available,” as stated in the Prison Litigation Reform Act. The Supreme
Court named three cases where this might be true:
“an administrative procedure is unavailable when (despite what
regulations or guidance materials may promise) it operates as a simple
dead end — with officers unable or consistently unwilling to provide any
relief to aggrieved inmates.”
“an administrative scheme might be so opaque that it becomes,
practically speaking, incapable of use. In this situation, some
mechanism exists to provide relief, but no ordinary prisoner can discern
or navigate it.”
“the same is true when prison administrators thwart inmates from taking
advantage of a grievance process through machination, misrepresentation,
or intimidation.”
When grievance forms are not provided, prisoners need to use any
available paper and write the grievance, clearly titling the form
“Grievance” and explain why no official grievance form was used. Staff
will either accept it or reject it. If it is rejected, get it in writing
if possible. If not possible, document the date, time, location and the
person rejecting the form. Include this info and/or rejection letter
with the legal suit. The courts will accept this the majority of the
time. If not, appeal and reference Ross vs. Blake from the US Supreme
Court.
MIM(Prisons) responds: This is a helpful citation for reference
since we know many prisons offer virtually useless grievance systems.
This Supreme Court opinion should help some take their appeals beyond
the non-existent appeals processes in their prisons. We are also adding
this information to the cover letter that comes with petitions demanding
our grievances be addressed, which we mail to prisoners upon request.
This grievance campaign is just one piece of the larger battle to demand
basic rights for the millions of people locked up in jails and prisons
in the United $tates. And these demands for basic rights need to be
connected to the larger struggle against the criminal injustice system
as a whole. While we might win individual battles in some cases, we will
never stop the injustice until we put an end to the system. This is
because prisons under imperialism aren’t built to rehabilitate or
reeducate people, they are built as a tool of social control. And so
oppression of prisoners, and denial of their rights, is just part of the
system.
We urge everyone interested in fighting to get grievances addressed to
join our campaign, and use it to educate others about the injustice
system. Mobilize people to do something, even if it’s just mailing out a
few petitions. And help them make the connections between this battle
and the reason for the conditions they are fighting. Through this
campaign we can build and educate for the larger fight against the
imperialist system.
There can be no doubt a capitalist system excludes a majority of any
country’s populace from decision-making processes. These people are
excluded only for their class and nation characteristics. Capitalism has
two ways of addressing this exclusion: ghettos and imprisonment.
Oppressed nations, lower classes and lumpen are all corralled into
poverty-stricken ghettos or barrios. Once there, the oppressor class can
turn a blind eye for the most part. Only one problem stops them from
completely ignoring the ghettos – crime. We oppressed nations face a
disparaging reality. Poverty, violence from authorities and among our
own, remedial education, dismal employment opportunities and little to
look forward to other than prison or death. This is part of popular
control. Noam Chomsky previously pointed out, “isolation makes it easier
to shape people’s perceived realities and influence them according to
your agenda.”(1)
Reality in our barrios push many towards crime which in turn brings them
to the attention of the oppressors. Existence in the ghetto or barrio
tends to culminate in our introduction into the “justice” (injustice)
system. Imprisonment is another aspect of popular control. In order to
address capitalistic exclusion of so many oppressed nations and lower
classes, mass incarceration has developed into the primary solution.
Here I am only reiterating what is a well-documented fact.(2) We all
know that life in the barrio – where opportunities are close to
non-existent, oppression is ever present, help is unknown and the future
is bleak, at best – leads many to either helpless struggle and/or
outright rebellion against injustice. Crime is a common occurrence among
those of us attempting to survive and those rebelling. Its outcome is
generally imprisonment.
The cycle is simple: capitalism excludes masses of people from
decision-making processes, isolates them in poverty-stricken barrios,
limits access to legitimate means of survival and pushes oppressed
nations to seek alternative means: crime. A cycle ending in the
authorities imprisoning and further isolating the oppressed. Of course
this is not a linear process but rather circular. Once released from
prison one has the “credential of a criminal record,”(3) and can only
hope to gain employment and meet society’s and authorities’ expectations
(i.e. police, parole, probation, and such), and as a result of slim
prospects turns back to what ey knows. Crime and the barrio. And around
and around we go. Where does it stop?
Only those caught up in this vicious cycle can say when enough is
enough. Whether in society (see: Notes on Advancing the Struggle
Outside) or in the dungeons, there comes a point in which one must join
the revolution. Becoming class conscious and politically aware is only
the beginning. After studying theory for the real circumstances
oppressed nations, lumpen and lower classes face, we must contribute to
the struggle of toppling capitalistic systems. Knowledge is meaningless
unless it is put into practice by direct action. Dungeons can be the
force in which revolutionary awareness is built, hardened and sharpened
into the many blades necessary to behead this many-headed hydra of
capitalism.
For as long as capitalism rules there will be oppressed nations existing
in perpetual turmoil, never equal nor finding happiness. Sigmund Freud
asked a good question, “what good is a long life if it is difficult and
barren of joys, and if it is so full of misery that we can only welcome
death as a deliverer?”(4)
MIM(Prisons) responds: This comrade is right on about the cycle
of imprisonment created by the criminal injustice system in the United
$tates. But we want to clarify that it is actually a majority of people
in this imperialist country who are being represented by the government.
The majority enjoy economic benefits from the exploitation of Third
World peoples. We agree with the author that the government is using
prisons for social control, alongside the barrios. But when we look at
who is locked up and who is in the barrios, we see a minority of the
population of this country. And mostly oppressed nations. Not a majority
of the Amerikan people.
The author says that the reason the government doesn’t ignore the
ghettos is crime. But this is the reason the government wants us to
believe, not the real underlying problem. Crime, in the forms of guns
and drugs, was promoted into the ghettos by the government. There is
much documentation, for instance of the CIA’s role bringing in cocaine
to the Crips and Bloods as a part of their attempts to overthrow the
Sandinista government in Nicaragua in the 1980s. This drug trafficking
served two purposes: 1. to finance the imperialist-backed Contra army in
Nicaragua and 2. to sidetrack potentially powerful New Afrikan lumpen
organizations with drugs. And these drugs created the perfect excuse to
round up New Afrikans for imprisonment during the so-called war on drugs
that followed.
It is true that the ghettos create the conditions for crime, but we also
see a long history of the Amerikan government promoting and perpetuating
crime in the ghettos. And of course this makes it even harder for people
to break out of the cycle of imprisonment that this author describes.
And in the end, this comrade is 100% correct: the only solution is to
take down the capitalist system.
“As did witch hunters in the past do we still have ‘criminal’
scapegoats?” This is a good question but a better one to ask is “are we
still sometimes misled by authorities who define crime in their own
interests or out of ignorance, as authorities did in dealing with
witchcraft?”(1) For those conscious of being oppressed this isn’t a
hypothetical, but an actual problem to be solved. Even those unconscious
of the political situation, living in the barrios, this is an everyday
problem; it is reality. The problem turns on what is “criminal” and who
should define “crime”?
Nobody doubts that poverty, lack of legitimate opportunities and such in
the barrio leads people to alternative methods of survival, which the
system has declared criminal. Consider this: a brown boy grows up in a
violent, poverty-stricken barrio. He is denied most, if not all,
“socially appropriate” methods/means for success (e.g., role models to
learn from, positive environment, good education, adequate employment
opportunities). Without access to approved avenues for social survival –
yet still held to society’s expectations – our brown boy turns to
alternative means and learns the perils of the injustice system. Is it
criminal that he turned to the only obvious option available? Or is it
criminal that capitalists have attempted to make that his only option?
The United States has an injustice system which focuses on the actions
of an individual, not on the reason, motivation, or purpose. To address
this failing and irradiate it, those caught up in the vicious cycle must
rise up. Our communities must also join in the necessary revolution for
hope of success. Activism on a proactive level is needed. We cannot be
liberal-minded (reforming without making substantive changes to the
system structure) in our objectives. Changing only definitions ignores
the problem, which is the process itself. Reform of existing systems is
equal to affirming their correctness but asserting that some fine-tuning
is needed. Such is not the case.
A quantifiable and qualitative change is necessary which cannot be
accomplished within the current system.(2) We, the people, must
construct independent resources and systems if we are ever to supplant
capitalism and its inherent inequality. In pursuit of this, our
community members must connect with prisoners (current and former),
coordinating and cooperating, building and spreading consciousness,
correct political views, theory, practice and support for the
movimiento.
One’s actions cannot be labeled criminal if those are the only options
made available. Today our communities generally face an alternative of
evils: spend one’s life struggling within a system meant to keep us
outside the power structure, never progressing, or refuse to be
subjugated and be labeled criminal. The choice is between a slow and
torturous death and surviving by “crime.” Those not faced with this
drastic choice of evils cannot rightfully say what is and is not
criminal.
“Law provides the baseline for formal social control. Criminalization of
behaviors is a political process…”(3) The first steps towards changing
this political process – the arbitrariness of labeling procedures – is
to correct the criterion of what constitutes crime. From there, remove
those who have contributed to labeling criminality and re-educating them
as communists did in China during the 1950s.(4) Pressure from below
provoking pressure from above to induce meaningful change.(5)
Supplanting capitalism is a marathon not a mile-long race. Every stage
must be approached and accomplished with care and attention. We
revolutionaries must be methodical, concise and avoid impertinence.
Success will come, just not overnight.
Regarding ULK 57 and “disability”. A deaf person is hearing
impacted. A paralyzed person is mobility impacted. Together they are
physically impacted. Their physical states are influenced by what
impacted them – some ailment, incident, or birth condition.
“Disabled” and “challenged” takes something away, some quality or value
of the person, as if they are the sum of their physical condition,
objectified. “Disabled” in today’s reactionary culture and mindset
conveys inferior, a tacit separation that, repeated ritually to and by
the impacted person, becomes psychologically embedded and the person
feels actually inferior – has self-doubts, is self-conscious.
I’ve been deaf since age 15 and could never say that I was “deaf” even,
but said I had a “hearing problem.” When referred to as being “deaf,” I
felt lower than everyone else. I’ve gotten over it by now, of course, at
age 63, but just to say that semantic runs deep with physically and
mentally impacted people, and can be a very sensitive thing. Another
angle is that transgender people are considered in Western medicine to
have a mental “disorder,” and so on. Well, that’s my 2¢. The article was
rather interesting to me.
MIM(Prisons) responds: Language is an important part of culture,
and something that revolutionaries have a responsibility to use for
political purpose. So we appreciate this comrade raising criticisms of
our use of language in ULK 57.
As a launching off point in this discussion, we will bring up our use of
the word Chican@. We use an @ symbol instead of an ‘o’ or ‘a’ to
convey multiple political points: the @ is not gender-specific; the term
is encompassing an oppressed nation and explicitly rejecting Amerikan
labels like “Hispanic.”
With that in mind we want to look carefully at this term “disability” to
consider these criticisms. We do not want to suggest that someone who
cannot hear or cannot see is inferior to someone who can. All people
have different abilities. Some of these abilities can be trained, but
some are things we’re born with. Some people, for instance, are stronger
than others. The weaker folks aren’t inferior, but they might be better
suited to tasks that don’t require as much physical strength.
This was discussed in the book Philosophy is No Mystery which
describes struggles in a village in revolutionary China. One of the
challenges they faced was strong young men acting as if their work was
more valuable than that of weaker folks (mostly wimmin, but also elderly
people and children). However, upon deeper discussion everyone came to
agree that the work done by all was critical to their success, and
valuing strength over other types of labor was counter-productive.
Let’s address the question of whether the term “disability” is similar
to saying a transgendered persyn has a “disorder.” Transgender folks are
often said to have “gender dysphoria” which is the stress a persyn feels
as a result of the sex they were assigned at birth. The assigned sex
does not match the persyn’s internal identity. That’s a situation some
transgender people seek to address by changing their physical body to
match their internal identity. Transgender folks face a difficult
situation that needs resolving for them to lead healthy and happy lives.
It’s true that when we hear “disability” we generally think of things we
would want to fix. But is that a bad thing? When people have vision
problems that can be corrected, we want to use medical science to
correct them. For instance, removal of cataracts cures blindness in many
people. Similarly, if someone is missing a leg, getting fitted with a
prosthesis is often a very good thing. In these situations someone lacks
the ability to use a part of their body to its full potential. And in
some cases this ability can be restored.
So perhaps the analogy we would make is that missing a leg is like
someone being assigned a sex that doesn’t match their internal identity.
The gender dysphoria they experience before transitioning is like
lacking a prosthesis for someone without a leg. Making the transition to
a sex or gender expression that matches their identity is for any
transgender persyn somewhat analogous to people with physical
dis-abilities getting them surgically or prosthetically corrected. If we
can resolve gender dysphoria, by changing society or improving the
persyn’s individual situation, we should do that. Just like if we can
provide prosthetic limbs and cataract surgery, we should do that.
Where using the term “disability” becomes more complex and muddy is in
cases where the persyn impacted doesn’t want to make a change. There are
some good examples of this, like neuro-atypical folks who have developed
highly specialized skills because of their neurology, but struggle to
socialize or interact with other people. Some argue this is not
something to be fixed but is just a humyn difference. And so we
shouldn’t call that a disability, but rather just a different ability.
However, in the types of cases that were discussed in the issue of
ULK in question, the ailments and physical limitations are things
we all agree should be fixed if possible. We don’t see anyone arguing
that keeping cataracts help people in any way.
The question here is whether we can distinguish between conditions
that people don’t want to change, differences between humyns, and
conditions that people can generally agree we should change if possible.
If we can, the term “disability” may be appropriate for the category of
conditions we would change if possible. And then the final question we
must answer is whether the term “disability” in our social context
implies that someone is inferior. As we’ve already said above, we want
to use language to empower and build revolutionary culture. This last
point is the most difficult one and we’d like to solicit input from
other readers, and especially those who contributed to ULK 57.
Send us your thoughts on this topic and we will study it further and
publish something in an upcoming issue of Under Lock &
Key.