Under Lock & Key

We here on Polunsky Unit are receiving the ULK and copies of the grievance petition. We are engaged in the fight on a very small scale. Hundreds of petitions have been sent to the central grievance office, Administrative Review and Risk Management Division (ARRM), Executive Director of the Texas Department of Criminal Justice (TDCJ), and recently TDCJ Board Chairman Oliver Bell, but to no avail. Grievances are not submitted and grievance investigators claim to not have received them. Those that do get processed/submitted are not properly investigated and receive the standard response of “insufficient evidence to substantiate your allegation.”

The KKKlantation Warden Gary Hunter is in collusion with grievance staff to trash/destroy any grievance/appeal that may get action if we proceed to the Step 2 level, that is if the Step 2 does not land in the hands of Regional Director Richard Alford who has been Assistant Warden and Head Warden on this KKKlantation within the 12 years that I’ve been here.

There is another struggle against Helen Sheffield (Sgt. of Safe Prison/Extortion). She confiscates personal property of offenders accused of extortion, running gambling businesses, stores, inappropriate relationships with female guards, etc., and destroys property if the offender refuses to snitch for her. This is all done under the watchful eye of Senior Warden Hunter and Assistant Warden Kenneth Hutto.

If any comrades in Texas can assist us in our fight against Sgt. Sheffield and her theft and unlawful destruction of offender property, please feel free to engage in this struggle.

To all comrades of USW in Texas, we must come up with a new direction to take this grievance campaign (new addresses, etc.) to send grievance petitions to because all the former names/addresses have failed us. My suggestion is the U.S. Department of Justice (DOJ) or ACLU Texas. We comrades on the Polunsky KKKlantation have chosen to forward our petitions to the DOJ.

“It shows that circumstances make men just as much as men make circumstances.” - Karl Marx in the German ideology

Can we say that a new phenomenon is brewing behind these walls? We can all see the new level of political consciousness in California prisons, where prisoners are resisting the repressive policies of the California Department of Corrections and Rehabilitation (CDCR) in a more collective manner. Change has been slow, but progress is evident. The root of this is us prisoners with a little political and legal education to enlighten others and at the same time inspire others to participate in progressive action.

The California hunger strikes weren’t spontaneous demonstrations against injust human rights violations in the Security Housing Units (SHUs), but rather carefully laid out plans to get outside attention and assistance. It was years of suppression that brought a few together to gather many in a common purpose that serves all of our interests. Some men are mentally broken while others carry on in these SHU conditions.

This is but a simple dialectic; or two sides of a contradiction forming a unity. On one hand we have those who deteriorate under these conditions and seek any way out, while on the other hand we have those prisoners who adapt and at the same time find ways to better themselves by educating themselves in law, reading good books, or picking up hobbies to keep themselves occupied. It is through these individuals who know the conditions in the SHU who are capable of creating campaigns for abolishing its policies, especially the gang validation policies that so many prisoners fall victim to.

Exposure and propaganda play a vital role on our behalf. This is where USW comrades come in, not just as advocates for human rights, but as advocates of an overall anti-imperialist campaign, as everything is connected to the imperialist system. The SHUs within CDCR are an aspect of imperialism, utilized for social control. And the oppressive conditions within are nothing more but to assert more social control behind prisons. It is through current events that this new phenomenon is manifesting a wave of politically conscious prisoners creating new circumstances. More validated prisoners are leaving the SHUs but more are taking their place. It is possible that one day through a collective effort the gang validation will be dismantled entirely and a SHU cap may be part of our future. I think it is.

Successful Grievance Against Limits on Legal Mail

From Hughes Unit: “I won my grievance due to interference from the department law library which deals with offenders who are indigent. They were saying five letters a month for everything and they were trying to stop my legal mail from going out to the courts. There is no limit on legal mail! They were also trying only to give us supplies like 25 sheets of paper, one pen, five envelopes a month. But an indigent offender who is doing legal work can have this once a week, and mail out as much legal work he or she wants.”

One prisoner from Allred wrote Step 1 and Step 2 grievances requesting additional stamps. Because of his need to use his 5 indigent mail stamps to pursue legal research this prisoner was unable to write to family and friends and so requested additional stamps from the Warden. The first request prior to the grievances stated “I need to mail 5 more letters this month using indigent [mail]. … This unit law library is giving me the run around having me write and ask everybody under the sun. They don’t know about the 83rd Legislature House Bill 634 by Farias of Texas. It’s the holidays, I need extra 5 letters this month.” The response from the Warden: “That doesn’t meet any legal requirement and I don’t have the authority to allow you extra postage for that.” Responses to his grievances following up on the Warden’s denial included denying the Step 1 for “excessive attachments.” The attachments were copies of his initial attempts to resolve the issue without filing a grievance.

Based on the victory from the prisoner in Hughes Unit, we encourage prisoners to appeal their access to stamps for legal mail separately from the restriction on personal mail.

Restrictions on Receipt of Stationary

A comrade in Eastham Unit reported: “Each year the big wigs running Texas prisons decide on what to take from the prisoners next. This year it involves indigent mail and stationary sent in from the outside. Prisoners who have no money on their trust fund account are able to receive supplies (paper, pen, envelopes) and send out letters through the indigent mail. Before this March prisoners could send out five letters a week, now it’s just five letters a month… What’s worse is that we’re charged for indigent mail services. Whenever we get money on our account, the cost for every letter mailed and each supply is deducted.

“Prior to March our friends and family could have stationary from an outside store sent to us. This was eliminated, and now our only option is purchasing stationary from commissary, and paying their prices. Like any oppressor, TDCJ enjoys coming up with new ideas and ways to make life more difficult for their captors. There’s strength in numbers. The more of us who write grievances, send letters to state politicians, and get the word out to our family and friends, the better chance we have of telling our oppressors that we’re not going to take this lying down.”

This comrade is right on about the strength in numbers. We have a number of prisoners across the state working on this campaign to end the restrictions on correspondence in Texas, and we’ve come up with a few key steps for prisoners and supporters to take.

Some jailhouse lawyers have created guides to fighting this injustice as well as a broader grievance guide for Texas, and we are seeing an influx of prisoners requesting these resources. We look forward to the results of this growing activism in this state with the largest prison population and one of the highest incarceration rates in the country.

For this indigent mail campaign in particular, we have a sample step 1 grievance for prisoners to use as well as a sample step 2 grievance for those whose step 1 is rejected. Write to us for a copy of the indigent mail campaign guide.

I recently wrote to you inquiring about how I can contribute to the struggle within, possibly by joining forces with USW. A few solid brothers and myself are in accordance with the 5 basic key principles/ideas that the United Front for Peace in Prisons represents. However, at Perry Correctional Institution (where I am currently confined), the consciousness is low amongst the masses due to the oppressor’s effective psychological warfare tactics being enforced at all angles (fear, divide & conquer, rewards, isolation, etc.). This specific prison is designed to be the “breaking camp” for prisoners, where they train prisoners to be more “obedient” to further assist the oppressor’s aim for control and financial advancement.

There are a lot of prisoner violations that occur at this plantation, but one in particular is the grievance system. South Carolina Department of Corrections (SCDC) has recently implemented a procedure where you must first submit a request form to the appropriate officer/supervisor attempting to informally resolve your issue. The officer is then provided 45 days to respond to your request, which most officers refuse to do. If you are lucky enough to receive a response, then you are given only 5 days, including weekends, to submit your grievance after your request form has been answered. Then to add insult to injury, many grievances are never returned and the grievance officials feign ignorance as to what happened to it.

The grievance process/system within South Carolina Department of Corruption is substandard and blatantly violates prisoners’ constitutional rights. I am unsure whether South Carolina is covered by the grievance campaign or not, but we are definitely experiencing similar issues in our grievance process and I would like to join this campaign. Please keep me updated in the decisions or proposals for combatting the grievance system and let me know what is needed of me and my comrades here.

Also, please provide any material available which may assist me in awakening the masses of how to fight against the oppressor and how to unite on a common ground with individuals in different groups. I will strive to become a ULK Field Corespondent for South Carolina in the future, whatever I can do to assist the struggle.

MIM(Prisons) responds: We commend these comrades in South Carolina for coming together around the United Front for Peace principals and doing the work to identify the critical campaign needs in their prison. The grievance campaign is not yet active in South Carolina but we look forward to working with these folks to customize the grievance petition for that state and get the struggle moving forward there. To work on this campaign in your state, write to MIM(Prisons) for a copy of the petition, and if one does not exist for your state you can help by modifying the petition for use there.

Although the law says we can aid others (illiterate or unskilled) on appeals and legal work, we can no longer legally pass papers “cell to cell,” so now we can only help others verbally. (Thanks to Assistant Warden Robertson).

In addition, the 2011 CDCR rules limit all grievance appeals to one single issue appeal per 14 days. If we “Abuse” this abuse of our 1st amendment right to file grievances on the government, it is cut to one per 30 days. When I got here (in 1983) it was 2 appeals per week (104/year). Then cut to 1 per week (52/year), then 1/2 per week and 1/30 days if you exercise your 1st amendment rights. I’m on my second year of the limit to 1 per 30 days because of my work exercising my legal rights.

I’m fighting this under 42 USC 1983. “Judge” Rogers keeps stalling but I got her sleazy and false dismissal reversed.

UPDATE February 2016: This case has entered court as Clark v. Jeffrey Beard CV-11-03520. The comrade fighting this has reported that Judge Rogers has thrown out all testimony from M.L. Davis (Appeal boss of San Quentin) on 4 perjuries and 1 faked document, Davis has since retired to keep his pension rather than be fired.

MIM(Prisons) adds: This limit on grievance appeals is a blatant example of the Amerikan criminal injustice system restricting prisoner’s legal rights. Grievances are one of the only opportunities for prisoners to fight abuse and illegal policies and restrictions. Often these grievances are ignored or “lost”. Because of these practices, and restrictions like the ones described here, United Struggle from Within initiated the grievance campaign, first in California and now in ten states across the country, with petitions for these states that prisoner’s can use to demand our grievances be addressed. Write to us for a copy of the petition for your state, or to help create one if you do not live in a state where this has already been done.

Each year the big wigs running Texas prisons decide on what to take from the prisoners next. This year it involves indigent mail and stationary sent in from the outside. Prisoners who have no money on their trust fund account are able to receive supplies (paper, pen, envelopes) and send out letters through the indigent mail. Before this March prisoners could send out five letters a week, now it’s just five letters a month. Going from twenty to just five letters a month shows how indifferent and uncaring towards our family members and friends the prison administration really is. What’s worse is that we’re charged for indigent mail services. Whenever we get money on our account, the cost for every letter mailed and each supply is deducted.

Prior to this March our friends and family could have stationary from an outside store sent to us. This was eliminated, and now our only option is purchasing stationary from commissary, and paying their prices. Like any oppressor, TDCJ enjoys coming up with new ideas and ways to make life more difficult for their captors. There’s strength in numbers. The more of us who write grievances, send letters to state politicians, and get the word out to our family and friends, the better chance we have of telling our oppressors that we’re not going to take this lying down.

MIM(Prisons) adds: This comrade is right on about the strength in numbers. We have a number of prisoners across the state working on this campaign to end the restrictions on correspondence in Texas, and we’ve come up with a few key steps for prisoners and supporters to take.

Some jailhouse lawyers have created guides to fighting this injustice as well as a broader grievance guide for Texas, and we are seeing an influx of prisoners requesting these resources. We look forward to the results of this growing activism in this state with the largest prison population and one of the highest incarceration rates in the country.

When a prisoner writes the TDCJ Executive Director it will always be forwarded to the Ombudsman. They (Ombud) will always reply that they do not respond to prisoner complaints and that the grievance procedures should be followed. It’s a “closed loop” to prisoners.

The Call to Action that I wrote which included the contacts were primarily for our family and friends to put pressure on authorities so that our grievances are more effective - eg. our families should contact the Executive Director and Ombudsman to file an official complaint about the policy change.

I got my Step 2 back around November and I sent it to the Texas Civil Rights Project to see if they would be interested in representing this issue in a lawsuit. I am yet to get a response from the Texas Civil Rights Project. It could be worth while if someone could contact them (TCRP) about this issue to prompt a response to my correspondence to them as I know they get piles of mail every week.

We not only need to file grievances but also strongly encourage our freeworld friends and family to contact all the contacts on the Call to Action to put a lot of pressure on the Texas Board of Criminal Justice to repeal the policy.

I believe it is futile to send the Texas Grievance Petition to the Executive Director because of the closed loop with the correspondence being forwarded to the Ombudsman. It could be worthwhile for freeworld people to send a version of the petition to the Exec Dir but I think prisoners need to start directing the petition to someone else.

I also want to mention that this mail restriction should not affect legal/privileged correspondence - prisoners should still be able to send 5 per week.

MIM(Prisons) responds: We received information from another prisoner on this same issue:

Comrades in Texas, do not send your petitions to the Executive Director or Central Grievance office because they are not working in our favor. They only forward the petitions to departments that don’t address these issues, who contacted me and said “address this grievance related issues on a unit level with the grievance investigators.”

We on the Polunsky plantations are sending our petitions to: ARRM Division, Administrator, PO Box 99, Huntsville, TX 77342-0099. I suggest that all Texas prisoners do the same so that we will be in solidarity. Let’s flood their office with our complaints. If this doesn’t work we will flood the DOJ in Washington DC. Let’s work in solidarity!

We agree with these comrades’ recommendations that prisoners focus sending their grievances to somewhere other than the Executive Director. We suggest the following addresses:

ARRM Division, Administrator
PO Box 99
Huntsville, TX 77342-0099

Senator John Whitmire
PO Box 12068, Capitol Station
Austin, TX 78711

Oliver Bell
Chairman of the Texas Board of Criminal Justice
PO Box 13084
Austin, TX 78711-3084

We also now have a sample Step 2 grievance available to those who had their Step 1 on this issue rejected. Write to us if you need a copy of this.

We know this campaign is not going to change the criminal injustice system in any significant way. But restrictions on mail access is equivalent to cutting many people off from the outside world. And for those who are engaged in educational and organizing work, this is a significant problem. For this reason, focusing a campaign on restrictions on indigent correspondence is important to our broader organizing work.

MIM(Prisons) received this petition from one of our readers. We print it here in full because it does a good job exposing the neglect and abuse at SCI Albion. We do sometimes engage in petitioning government officials for reforms in prison, though petitions with such a broad scope of abuses do not have a history of success. Nonetheless, campaigns such as this one are important educational tools and we hope this one inspires activists to get involved in fighting the criminal injustice system in Pennsylvania. Our one point of disagreement is with the introductory quote from the Anarchist organizer Anthony Rayson: as we have repeatedly demonstrated, prisons are not “for-profit” and in fact take a big loss subsidized by the U.$. government.

A Call to End Oppression: United We Stand

“Prisons aren’t about crime control, they’re about for-profit repression. In fact they are a huge, government-run, criminal enterprise wildly profitable, & completely paid for by ripped-off taxpayers.” - Anthony Rayson

The State Correctional Institution Albion in Western Pennsylvania, is a notorious prison for frequent abuse & torture of prisoners, some are held years in solitary confinement without any chance to see daylight, medical negligence has led to the suffering and death of thousands of prisoners. Lack of adequate mental health care has driven many to commit suicide. The taxpayer’s money is being used to prop up an untamed beast that only the people of Pennsylvania can stop.

We ask that you support the struggle for humane conditions and rehabilitation by signing the attached petition, copying it, and mail it to the listed officials, or sacrifice a few minutes of your time by calling the officials and stating the demands/issues in the petition.

Department of Justice
950 Pennsylvania Ave, N.W.
Washington, DC 20530-0001
202-353-1555

Secretary of Corrections
John E. Wetzel
1920 Technology Parkway
Mechanicsburg, PA 17050
717-728-0312

Senator Ronald Waters
6027 Ludlow St - Unit A
Philadelphia, PA 19112
215-748-6712

Senator Shirley Kitchen
1701 W. Lehigh Ave, Suite 107
Philadelphia, PA 19132
214-227-6161

Senator Le Anna Washington
1555-A Wadsworth Ave
Philadelphia, PA 19150
215-272-0475

Governor Tom Corbett
225 Capitol Bldg
Harrisburg, PA 17120
717-787-2500

Public Complaint & Petition
To: U.S. Department of Justice
Pennsylvania Governor Tom Corbett
Pennsylvania State Senators
Secretary of Corrections John E. Wetzel

From:

Date:

Re: Stop prisoner abuse - inadequate medical/mental health treatment & care - real rehabilitation
This petition comes pursuant to and in full compliance with the First Amendment of the U.S. constitution and Pennsylvania Constitution Article 1 Section 20; the people have the authority to petition government officials and to redress of grievances.

Inadequate Mental Health Treatment

SCI Albion officials are not providing adequate mental health treatment to mentally ill prisoners that are warehoused in the Restricted Housing Unit (RHU) (Solitary Confinement) that exacerbates their mental deterioration (i.e. cutting/self-mutilation, suicides attempts, smearing/throwing of fecal matter & bodily waste, etc.)

Mary Beth Anderson, an unlicensed psychologist assigned to the RHU to provide and assist prisoners with psycho-therapy, fails to comply with the PDOC policy DC-Adm. 6.5.1 that states: “Psychologist is to visit the RHU 5 days a week and evaluate each inmate in the RHU every 30 days,” Ms. Anderson clearly acts hostile to, and in an unethical manner towards prisoners under her care who have sought assistance. Two such prisoners under Mary Beth Anderson’s personal responsibility committed suicide, Stoney Schaefer on October 25, 2012, and Harry Cooper on December 9, 2012. Prisoners continue to deteriorate detrimentally in the RHU due to the lack of treatment, with no apparent signs of improvement.

Dr. Steven Reilly, (LMP), is the supervisor of all the (so-called) “unlicensed psychologists” at SCI Albion, who allegedly has been known to manipulate a prisoner’s diagnoses, and also dictates to the institution’s psychiatrist Dr. Gottsman how to prescribe to the prisoner(s), even when it doesn’t conform correctly to a mental disorder; a review of a prisoner’s dispensed “psychotropic” medication(s) and their joint-diagnoses will bear this out as occurring.

He also allows the (so-called) “unlicensed psychologist” staff to neglect prisoners who seek help. Two cases in point were of James Whitman who committed suicide September 22, 2013, and a prisoner named Myers who set fire to his cell on the Special Needs Unit (housing unit for mentally ill) October 9, 2013, in an apparent attempted suicide as a result of being denied the treatment that’s offered by the department.

Officials at SCI Albion house prisoners who attempt suicide in a Psychological Observation Cell (POC) these cells are designed as torture chambers where prisoners arey confined 24 hours a day with no counseling or therapy, the lights stay on round the clock, and they are forced to wear only a smock (cloth dress mode). These torture chambers only intensify their psychoses that only make them worse upon their return to general population, causing them to receive misconducts and then warehousing them in RHU (Solitary Confinement).

According to the Department of Correction’s policy “All Correctional Officers shall receive an annual psychological evaluation,” yet SCI Albion officers completely ignore this policy, guards at SCI Albion have not had their psychological evaluations done in years, for some decades, the resulting neglect ramps up the intensity leading to abuse and guards assaulted. The psychological evaluation is also necessary for guards who are active in the military that go to war and return to work with prisoners seething with a combat mentality. Data collected by the International Academy of Suicide Research indicate that prison guard’s suicide rates are 39% higher than similar averages for other jobs. If proper psychological evaluations are carried out, it may prevent suicides of guards.

Inadequate Medical Treatment

Prisoners at SCI Albion are being denied proper health care. Prisoners held in the RHU (Solitary Confinement) that send in a request for medical treatment (sick call) get a physician’s assistant at their door who attempts to diagnose them based on a brief conversation. Because of this, most prisoners are misdiagnosed, thus violating federal law (Privacy Act), by openly allowing prisoners’ medical information disclosed within earshot to everyone on the “pod” (including prisoners).

Many prisoners who request medical treatment in general population and go to see the doctor or physician assistant, are often told to come back or are briefly seen and misdiagnosed. Derrick Jones, a former SCI Albion prisoner won a $312,000 lawsuit for medical negligence at the prison due to a misdiagnosis of a broken ankle as a sprain and inadequate treatment.

Many prisoners with serious medical conditions remain in general population in unsanitary conditions (housing) where they spread their diseases to other prisoners. Prisoners who are on the verge of their demise get housed in the infirmary where they are met with hostile nurses who don’t have much regard for life. Dennis Austin died at the infirmary with bed-sores that were grossly infected, confirming a clear disregard for life even at the infirmary. Prisoners continue to die/suffer to death due to lack of adequate care.

No Access to Courts

Valarie C. Kusiak (CCPM) and acting Deputy Melinda Adams are both in charge of the law library at SCI Albion where prisoners’ access to the courts and law library are denied. The law library sessions mostly are canceled with no make-up dates; also prisoners are allowed only one 30 minute slot per week access which hinders their research abilities to type up documents and make copies. Also, Ms. Kusiak and Ms. Adams took all the law books out of the law library denying prisoners vital information needed for research. In times of court deadlines, prisoners are not granted extra time to prepare documents and are denied the means to make copies, often leading to losing appeals.

Inadequate Food

Prisoners at SCI Albion are given unhealthy food. The food served to prisoners is uncooked, and the meat is old and freezer burnt. Vegetables and fruit are rotten; milk is 3 days past its sell-by date that most prisoners throw away. Prisoners are getting sick due to these unhealthy food diets.

Inhumane Working Conditions

Prisoners at SCI Albion who are assigned jobs work without proper safety gear to protect them against many dangers. Prisoners working as plumbers do not wear any suits to protect their skin from exposure to the dirty pipes and water that carries Hepatitis C, HIV-Aids, and other viruses from others’ body waste that they can be infected by due to a lack of appropriate safety gear. Painters that have to stand on ladders to paint do not have hard hats or eyewear that can protect them from a fall, or paint going in the eyes causing damage to sight. Warehouse workers do not have any hard hats, gloves, eyewear, or safety belt that puts them in great danger. Work related injuries happen quite frequently as a direct result of non-safe standards; also there are other various jobs without any safety measures.

Inadequate Programming & Education

Programs being offered to prisoners at SCI Albion have proven to be ineffective to a prisoners’ rehabilitation. Prisoners are lectured in groups (i.e. Violence Prevention, A.O.D., Thinking for a Change, etc.) by coordinators who read from books and do not engage prisoners in critical thinking necessary for rehabilitation, also they allow prisoners to just sit around and talk amongst themselves, when they don’t feel like reading and dismiss the group early; this happens a lot. Valarie C. Kusiak and Melinda Adams, who are in charge of programming, do not investigate the efficiency of the groups or prisoners’ complaints that the groups are not beneficial.

There are no vocational programs/courses offered for prisoners that coincide with or compliment outside job market trends for ex-felon hiring’s at sectors with available openings, leaving an unprepared prisoner upon release to continue a former life of crime that’s due to the lack of proper occupational/preparatory instruction. SCI Albion has a 3-in-4 prisoner recidivism rate within a years’ time.

The Texa$ Legislature cut $60 million from the Texas Department of Criminal Justice (TDCJ) budget for 2012 and raised the medical co-pay from $3 per visit to $100 per year. They had the unrealistic expectation of collecting up to $15 million from the prisoners [see Prison Legal News, Oct 2012 p. 42]. As all of us have noticed, the TDCJ also enacted other corner cutting measures to save pennies. These include: cutting back on legal books at the law library, reducing education and rehabilitation programs, serving two meals on the weekend and dessert once a week, restricting indigent correspondence to 5 letters a month, banning freeworld stationary (so you must buy it from the commissary), and reducing the number of staff. The idea was to reduce expenses that would help Texa$ manage its massive budget shortfall.

This guide is about appealing the $100 medical co-pay in Texa$. It presents all the Co-Pay Exemptions that can be used to get your money back. We want to keep our very limited funds out of the hands of the TDCJ so that we can use it for more important purposes. Specifically, you are encouraged to spend any money you recover on educating and organizing others. Send a donation to Under Lock & Key to expand the pages in this valuable resource, create study groups and make copies of literature to study, copy and distribute grievance petitions to fight the corrupt grievance process and to end the limit on indigent correspondence, or buy stamps and envelopes for indigent prisoners who can’t buy for themselves. There are a lot of things we need to be doing with our limited funds, so we fight to keep this money from being appropriated by the state.

How Do We Appeal The Medical Co-pay?

It is rather simple. Get a Step One Grievance (I-127) and explain on it why you are exempt. If your Step One is denied, follow through with the same argument in a Step Two (I-128). You will be surprised at how often the Appeal is granted. The issue is that most medical departments systematically charge everyone the co-pay out of hope you are ignorant about the exemptions and fail to appeal it. They get away with this because there is no confirmation necessary for them to charge you (compared to commissary purchases, receiving legal mail, sending indigent correspondence - all need your confirmation - but not the medical co-pay). Here is a brief example: Co-pay is not to be assessed for any prisoner receiving a clipper shave pass as they have been diagnosed with a chronic and permanent dermatologic condition - “pseudofolliculitis barbae.” Diabetic prisoners who receive foot care, specifically toe nail trimming, as part of their chronic care treatment plan are not to be assessed a co-pay fee either.

The medical co-pay regulation can be found at Texas Government Code 501-063. The Administrative Director for it in TDCJ is AD 06-08. In relevant part, the Co-payment Determinations and Exemptions are found in Section III.

Here are the Exemptions:

1. Unless specifically exempted, offender-initiated visits shall be subject to a copayment (meaning that if you do not initiate the visit, i.e. work related or officer initiates it, then you are exempt).

2. A copayment shall NOT be charged if the health care service is the result of an emergency which includes, but is not limited to, injuries sustained as a result of an accident or assault. Such injuries shall be covered by the emergency visit exemption.

3. Copay shall NOT be charged if the health care services are related to the diagnosis or treatment of a communicable disease. Such services, including follow-up visits and testing, are exempt as either a chronic care visit or a department-initiated visit. Offenders shall not be charged for initiating communicable disease testing.

4. Initial requests for mental health reviews initiated by the offender are NOT subject to the copayment requirement. Emergency, follow-up, or chronic care requests for mental health reviews shall NOT be charged a copayment.

5. Follow-up visit related to the monitoring or treatment of a condition diagnosed in a previous visit with a health care provider are exempt from copayment charges.

6. Prenatal services, including the initial visit diagnosing pregnancy, subsequent examinations, testing, counseling and patient education services are specifically exempted from copayment requirements.

7. Physical or mental health screening, laboratory work, referrals and follow-up appointments provided or recommended as part of the initial intake diagnostic and reception process are exempt from the copayment requirement.

8. A health screening upon arrival at a new unit of assignment shall be considered a visit to a health care provider initiated by a health care provider and is exempt from the copayment requirement.

1. Prescriptions and medications are considered to be a result of a medical visit and follow-up procedures and are exempt from the copayment charge. No charge shall be assessed for accessing approved over-the-counter medications made available in the offender housing area.

10. A copayment applies to a single visit. An offender requesting a visit to a health care provider for multiple symptoms shall be charged only one copayment if the symptoms are addressed in the same visit. If a request for a visit with a health care provider results in scheduling of appointments with more than one provider, such as a dentist and a physician, the initial visit with each clinician is subject to the copayment requirement.

11. If an offender is being seen by a provider for services otherwise exempted from the copayment and during the course of the visit requests healthcare services related to a different condition then that being served, the additional request shall be treated as an initial offender-initiated visit, shall be documented in accordance with the walk in procedures, and are subject to the copayment requirement.

12. A copayment shall NOT be assessed for medical treatment of self-inflicted injuries. Offenders inflicting injuries on themselves shall be referred to mental health evaluations.

13. Offenders shall NOT be charged for “No-Shows” because a visit did not occur. The copayment requirement only applies if the offender is seen by a health care provider. “No-Shows” shall be documented in accordance with CMHC procedures.

14. Dental services are considered health care services and subject to the copayment requirements if the services are initiated by the offender. Exemptions from copayment requirements for emergencies, chronic care, follow-up, health screening and evaluations, and department initiated visits are to be applied in the same manner as for other health care services.

15. Physical evaluations following use of force incidents are required by TDCJ policy and are not subject to the copayment requirement.

16. Inpatient services are considered follow-up services and are not subject to the copayment requirement. These services include, but are not limited to, hospitalization, extended care nursing, hospice and unit infirmary inpatient care.

17. Procedures or testing ordered by a Court or performed pursuant to state law are exempt from the copayment requirement.

18. Services provided under contractual obligation established pursuant to the Interstate Corrections Compact or under an agreement with another state that precludes the assessment of a copayment shall be exempt from the requirement to charge.

Each One, Teach One

Share this guide with those who need it. If you are a good grievance writer, then help those who may not feel as confident. And be sure to encourage everyone to make good use of the money they win through these grievances. It is not enough to just keep $100 out of the hands of the TDCJ. If that money is spent on unnecessary canteen purchases or on drugs or services that are bad for your health and/or a waste of money, you haven’t actually accomplished anything. Spend this money on meaningful work to fight the criminal injustice system. Even a small donation can help with the education of others and the expansion of our work, and $100 can do a lot! Get in touch with MIM(Prisons) to make a donation or for more information about educating and organizing in Texas prisons and beyond.

Prisoners in Texas have been fighting the recently enacted restrictions on indigent correspondence which restricts indigent prisoners to 5 one-ounce domestic letters per month. As we’ve explained in other articles, this is an attack on the growing number of revolutionary voices in Texas speaking out to expose the barbaric treatment and inhumane conditions. One comrade created a grievance that prisoners can file and a list of people to contact to demand this policy be changed. We are now getting reports of responses to these grievances. And as usual, the prisons are just giving us the run-around.

One prisoner got a response to his grievance stating: “TDCJ as an Agency revised Board Policy 03.91 in August of 2013 affecting indigent mail. Those decisions are not made at the Unit level, merely enforced. No further action warrented.”(sic)

Further, several prisoners have received form letters from the TDCJ Ombudsman’s Office telling them that they Ombudsman will not be responding and they should contact the “appropriate unit staff” instead. “Issues regarding unit operations, disciplinary disputes, property issues, mail or any other matter relating to conditions of care or supervision may be formally addressed through the Offender Grievance Procedure…”

So basically the Ombudsman’s Office says prisoner’s must take up this issue via a grievance. And the unit staff respond to prisoner’s grievances saying they can not address this issue because it is a state-wide policy. The original campaign urged people to contact a variety of TDCJ leaders and Texas politicians. To date we have no reports of any response from them.

This campaign is an important battle to ensure the voices of Texas prisoners can be heard. Limits on correspondance mean we will be unable to get regular reports of abuses behind bars, and unable to maintain study and communication with politically active comrades. We must continue the pressure and demand more than just form letters and dismissals to our protests.