New Report Shows Current Slave Labor in GA County Keeps 170 People Out of Work

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When Gwinnett County, Georgia ran the numbers on shutting down their prison facility (incarcerating 450 people), they factored in the 356,322 hours of slave labor provided by the prisoners in 2008.  Offsetting this, the county could be putting 170 people to work at full time positions.

The prison scaled back after 2008, anticipating a closure, including the number of guards able to supervise the slavery.  In 2010, there was only 110,640 hours of slave labor.  The report recommends that it is better fiscal policy to increase the prison rather than close it- despite the budget of $12.6 million.  This is the equivalent of paying each of those 170 prospective employees $74,000 per year.

The report recommends the expansion of slave labor to cut county costs, i.e. to lay off more workers.  This, after a 2006 expansion costing $78 million… yet slaves are triple-bunked rather than open up empty cell blocks.  Opening the new blocks will force the hiring of more overseers, or officers.

Many are not aware that the 13th Amendment of the US Constitution makes legal the use of slave labor by prisoners.  Wherever you are, in any jurisdiction, there are prisoner work crews (whether paid in pennies per hour, or not at all) taking the role of would-be hard working Americans.  The fuzzy math makes it cheaper to pay for a slave at $38,000 per year than an employee at the same rate.

How many hours are your local slaves working?

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A Report on Torture and Racism in Pennsylvania Prison

The Human Rights Coalition of Pennsylvania is poised to release a scathing report regarding the use of torture in a state penitentiary.  They are calling upon activists and citizens to speak out against likely retaliation directed upon the prisoners who shared their stories, thus the title of the report:  Unity and Courage-SCI Huntingdon Report

People are encouraged to work in coalition with HRC.  SBI-Huntingdon Superintendent Raymond Lawlor can be reached at (814) 643-2100

HRC-Fed Up! Chapter, 5129 Penn Ave., Pittsburgh

412-361-3022 (ext 4); hrcfedup@gmail.com

HRC- Philadelphia Chapter, 4134 Lancaster Ave, Philadelphia

215-921-3491; info@hrccoalition.org

HRC-Chester Chapter, 4 East 7th Street, Chester, PA

610-876-8226;  hrcchester@yahoo.com

The report recommends Law Enforcement conduct proper investigations inside the prison; the Legislature conduct hearings and develop an oversight commission regarding torture and violations of the 8th Amendment; the Legal Community assist prisoners and families in filing civil rights complaints; Prisoners and Families insist their voices be heard, thereby developing collective empowerment; and Civil Society take a public stand against torture and racism in the prison industry.

The Human Rights Coalition has built a strong network of prisoners throughout the Pennsylvania system, and they should be commended for working in partnership with those prisoners standing up to inhumane treatment.  Those prisoners are leaders, not clients.

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From Brooklyn to Oakland: April 23rd Events Stoke the Movement

Across the nation, activists and organizations are coordinating The Formerly Incarcerated & Convicted People’s Movement.  This Saturday, April 23rd, there will be evenings of testimony, artistry, solidarity and movement building.

Women on the Rise Telling HerStory (WORTH) is collaborating with other NYC activists to hold a free event at Launchpad Gallery, 721 Franklin Avenue, in Brooklyn.  Participants include FICPM Steering Committee members Tina Reynolds (WORTH), Jazz Hayden (All Things Harlem), and Bruce Reilly (Direct Action for Rights & Equality; Unprison).

More information is available by contacting WORTH, (646) 918-6858.  The event starts at 7pm.

Meanwhile, 3000 miles away, All of Us or None and Bay area activists will be converging on the East Side Arts Alliance, 2277 International Blvd., in Oakland.  The event will be similar to the East Coast counterpart, this one hosted by FIPCM Steering Committee members Dorsey Nunn, Arthur League, and others- including longtime Anti-PIC activist Linda Evans.  It will be from 3-5pm.

These events are an opportunity to band together, whether one is a former prisoner, on probation, a family member, a committed ally, or someone who just can’t stand seeing the destruction of America through its criminalization of millions.

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Sir Isaac Newton: A Revolutionary Mind

When engaging in dialogue around violence caused by police, soldiers, and private security firms, the supporters of unchecked violence always come across as entirely ignorant.  Perhaps they are not ignorant of the bloodied skulls, cracked orbital sockets, and broken rib cages; perhaps they feel people always have it coming.  What they are certainly ignorant of is Newton’s Third Law of Motion:

III. For every action there is an equal and opposite reaction.

People around the world must also embrace Newton’s First Law of Motion:

Every object in a state of uniform motion tends to remain in that state of motion unless an external force is applied to it.

In the above video, the cruel irony is that the security soldier who appears to be the most brutal is also the one who clearly runs away.  The one who appears to be asking him to stop, is the one who gets walloped.  Just goes to show that we are our Brothers’ keepers, and what they do, reflects on us all.

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A National Campaign to End Price Gouging on Prison Phone Rates

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Nationwide Research Finds Excessive Prison Phone Rates Exploit Prisoners’ Families

Brattleboro, VT – Prison Legal News (PLN), a monthly publication that covers criminal justice-related issues, released a report this past weekend at the National Conference for Media Reform in Boston that examines prison phone rates nationwide.

The report, based on several years of research that included submitting public records requests in all 50 states, found that prison phone companies routinely provide kickbacks – euphemistically known as “commissions” – to contracting government agencies, based on a percentage of the revenue earned from prisoners’ phone calls.

These kickbacks, which average 42% of gross revenue, generated over $152 million nationwide in 2007-2008. Since the vast majority of prisoners’ phone calls are paid by their families, either by accepting collect calls or by funding pre-paid or debit accounts, most of the kickback money comes from prisoners’ family members.

“This has been a major concern for prisoners’ families, who are unfairly exploited by telephone companies and the government agencies that receive kickbacks from those companies,” said PLN associate editor Alex Friedmann. “This is an issue of fundamental fairness.”

PLN found that 42 states accept kickback commissions from prison phone companies, which include Unisys, Securus and Global Tel*Link (partly owned by investment banking firm Goldman Sachs). In some cases the commissions exceed 60% of prison phone revenue.

According to the report, “prison phone companies don’t ‘compete’ in the usual sense. They don’t have to offer lower phone rates to match those of their competitors, as prison phone contracts typically are based on the highest commission paid, not the lowest phone rates. Free market com-petition is thus largely absent in the prison phone industry, at least from the perspective of the consumer – mainly prisoners’ families.”

The report notes that prison phone rates are arbitrary, with high rates in some states and lower rates in others, which “simply cannot be correlated to providing the same basic telephone service.” Prison phone rates fluctuate widely within the same state and among different states, even when the phone services are provided by the same company.

Colorado has the highest prison phone rate for local calls, at  $2.75 + $.23/minute ($6.20 for a 15-minute local collect call). The highest intrastate phone rate is charged in Oregon, at $3.95 + $.69/ minute ($14.30 for a 15-minute collect call). Washington has the highest interstate rate: $4.95 + $.89/minute, or $18.30 for a 15-minute long distance collect call.

Eight states do not accept kickback commissions – Nebraska, New Mexico, New York, Rhode Island, Michigan, South Carolina, Missouri and California (as of 2011). New Hampshire, Kansas and Arkansas have reduced their kickback commissions, while Montana entered into a limited-commission contract in 2010.

Notably, PLN’s research provides “a before-and-after look at phone rates in several states that have banned, limited or reduced their kickback commissions.” When states forgo commissions, their phone rates drop significantly. For example, prison phone rates in New York dropped almost 69% when the state banned commission payments in 2008. In California, which finished phasing out prison phone kickbacks earlier this year, the rates declined by 61%. Prison phone rates decreased by 64.5% in Montana and 40% in Kansas after those states adopted lower commissions.

Thus, prison phone companies are able to offer lower rates but for having to pay kickbacks to the contracting government agencies. “This is gross profiteering at its worst,” noted PLN editor Paul Wright. “State officials are lining their pockets, to the tune of tens of millions of dollars, by fleecing prisoners’ families with exorbitant phone rates. Why? Simply because they can.”

The report notes that “there is a widely-known and researched correlation between prisoners who maintain contact with their families and those who are successful in staying out of prison after they are released,” which reduces recidivism. However, most states continue to accept kickbacks “at the expense of facilitating more affordable phone calls for prisoners and their families, and in spite of the societal benefits that would inure from lower phone rates.”

A rulemaking petition to regulate prison phone rates on the interstate level is pending before the FCC, but the FCC has taken no action on the petition since it was filed in 2003.

In conjunction with Thousand Kites, Prison Legal News has opened a phone line for members of the public to share their stories about excessive prison phone costs. The toll-free number, available 24/7, is 877-518-0606. Recorded stories can be heard atwww.prisonphonejustice.org.

______________________

Prison Legal News (PLN) is a project of the Human Rights Defense Center. HRDC, founded in 1990 and based in Brattleboro, Vermont, is a non-profit organization dedicated to protecting human rights in U.S. detention facilities. HRDC publishes PLN, a monthly magazine that includes reports, reviews and analysis of court rulings and news related to prisoners’ rights and criminal justice issues. PLN has almost 7,000 subscribers nationwide and operates a website (www.prisonlegalnews.org) that includes a comprehensive database of prison and jail-related articles, news reports, court rulings, verdicts, settlements and related documents.

For further information, please contact:

Paul Wright                                                                   Alex Friedmann

Prison Legal News, Editor                                             Prison Legal News, Associate Editor

P.O. Box 2420                                                              5331 Mt. View Rd. #130

West Brattleboro, VT 05303                                          Antioch, TN  37013

(802) 257-1342 or (802) 275-8594                                   (615) 530-5271

pwright@prisonlegalnews.org afriedmann@prisonlegalnews.org

 

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NAACP Returns to Relevance: Prisons Represent “Misplaced Priorities”

On April 7th, the NAACP released a new report, Misplaced Priorities, that examines America’s escalating levels of prison spending and its impact on state budgets and our nation’s children.  NAACP President Ben Jealous speaks eloquently on the topic of a misguided prison policy on MSNBC.  Hopefully, this historic organization which fought hard to ensure that People of Color have their voices heard will fight just as hard to ensure the voices of the incarcerated are heard; to make sure the presence of the formerly incarcerated is seen and heard.  No disrespect to any successful person who is moved to take on this issue, but they need to fully embrace those who are living the issue.

Misplaced Priorities tracks the steady shift of state funds away from education and toward the criminal justice system. Researchers have found that over-incarceration most often impacts vulnerable and minority populations, and that it destabilizes communities.

The report is part of the NAACP’s “Smart and Safe Campaign,” and offers a set of recommendations that will help policymakers in all 50 states downsize prison populations and shift the savings to education budgets.

Below are profiles of the six cities studied in the report, as well as three profiled individuals. Click here to download a PDF of the full report.

Organizations should stray away from the historic tendency of treating criminalized people of America as “clients” to help or represent.  We are potential partners, as we are out here steeped in this struggle on a daily basis… 24/7, not 9 to 5.

 

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Former Prisoner Wins George Polk Award for Journalism

Wilbert Rideau was imprisoned for 44 years at the Angola Louisiana State Penitentiary before he won his release in 2005. While he was in prison he was editor of The Angolite, a newspaper produced by inmates, and became an award-winning journalist. He received the George Polk Award for Special Interest Reporting in 1979 for his outstanding contributions to public understanding of the criminal justice and prison systems. More than three decades later, he will be honored today at the 62nd Annual George Polk Awards for journalists. “Back in 1979, the way [prison officials] portrayed sexual violence in prisons to the public was that this was something that was done by homosexuals,” says Rideau. “And the sexual violence, what I did was essentially told what it really was. And it wasn’t the homosexual, it weren’t the gays; in fact, they were quite often victims. And it was the heterosexuals who were doing the raping and the violence and whatnot, and it was being done with the tacit approval of prison authorities.”

See the video report here, by our friends at Democracy Now!

Visit www.wilbertrideau.com

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65 Million “Need Not Apply” – Is it Time for Boycotts?

A report released yesterday by National Employment Law Project (NELP) confirms that many companies are instituting blanket bans on hiring people with criminal records, including those with misdemeanors.  Creating what is an public safety issue and, if reforms are not successful, driving a wedge into the American people.  The only alternative will be a separate economy.  Will it be Separate But Unequal yet again?

As noted in the NELP report, the Equal Employment Opportunity Center has stated that “an absolute bar to employment based on the mere fact that an individual has a conviction record is unlawful under Title VII.” Thus, blanket hiring prohibitions of the type documented in this report violate this fundamental mandate.

A few weeks ago, some representatives of the business community in Rhode Island testified in opposition of a bill that would remove the Conviction question from job applications; they stated that many are moving towards a “Better Safe Than Sorry” policy.  They fear that an ‘Ex-Con Gone Bad’ is a sure way to invite lawsuits, because they “should have known they might do something bad.”  Ironically, it is the blanket policies that are the surest way to get sued for discrimination.

To the credit of those same business community representatives, including one from the Providence Chamber of Commerce, they recognize that we have a problem on our hands and they sounded amenable to eliminating the Conviction Question (i.e. Ban the Box), but were leery of any reporting requirements and follow up with an un-hired applicant.  An amended bill in Rhode Island (H 5101) is working its way through the House this week, and a hearing is expected in the Senate over the coming month.  (Sign the Petition HERE).

If overall reforms prove unsuccessful, coordinated campaigns against the likes of Lowes, Bank of America, ManPower, and Radio Shack (for example) might prove beneficial for their competitors in the marketplace.

It is not enough for politicians and service providers to implement programs to try and help convicted people find work.  They need to FIRST remove the barriers.  People need to eat, and WILL find someway to do that- legally, criminally, or as an inmate.  As U.S. Secretary of Labor Hilda Solis recently said, “Stable employment helps ex-offenders stay out of the legal system. Focusing on that end is the right thing to do for these individuals, and it makes sense for local communities and our economy as a whole.”  Those policy people need to focus their efforts on eliminating barriers, lest their efforts result in further bloating the Prison Industrial Complex- evidenced by the amount of “Re-entry” dollars that are sent to the prisons, as if their policies and staffs do not have a compromised position.

It is a myth that “once bad, always bad.”  As the NELP report points out, “a major study of people with felony convictions found that 18-year-olds arrested for burglary had the same risk of being arrested as same-aged individuals with no record after 3.8 years had passed since the first arrest (for aggravated assault it was 4.3 years, and for robbery it was 7.7 years).19 If the individual was arrested initially for robbery at age 20 instead of at age 18, then it takes the person three fewer years to have the same arrest rate as a non-offender.”

One factor that is often overlooked is the presence of a Dismissed Charge, or an Arrest, on one’s criminal record.  For many, it creates a presumption of guilt.  This overlooks the fact that the Conviction Machine is so powerful, that even the innocent are often trampled.  For some, it confirms in their mind that this person is where the cops are… and cops only go where the criminals are.  That mentality overlooks that the police have militarized entire communities, particularly communities of color.  I would argue that if you put 500 police officers in the wealthiest town in America, eventually kids would start getting busted for weed at alarming rates; adults would be getting pulled over; one good drug bust will lead to major task forces… and on and on.

A recently dismissed charge for someone with a legitimate criminal record will destroy the credibility that may have taken decades to rebuild.  People have a hard enough time carrying the weight of the things they DID do; they don’t need the added burden of the things they DID NOT do.

The NELP report highlights some current lawsuits employers, activists, and others should be aware of, going after the hiring policies of Accenture, First Transit, Burlington Northern Santa Fe Railroad, and the U.S. Census Bureau.

It is important to know that companies like Choicepoint (conducting 10% of all checks nationwide) develop online application processes that automatically dismiss those who “check the box.”  This includes Radio Shack, and ABM Industries, who reached settlements with NY  Gov. Andrew Cuomo (former Attorney General).  Meanwhile in Rhode Island, Gov. Lincoln Chaffee supported “Ban the Box” while on the campaign trail, while A.G. Peter Kilmartin is opposed to the reforms “in both theory and practice.”  Considering the relationship between employment and public safety, it appears that the RI Attorney General has a draconian view on the matter.  He recently stated, “you can’t put a price on public safety.”  But actually, Mr. Kilmartin, you can.  Check with the House Finance Committee and the Governor’s budget.  Lock ‘Em All Up, comes with a cost.  His own prosecutors cannot keep up with the current caseload, and he would push for more.

The NELP report studies the policies of job postings on Craigslist throughout the nation, and also a flurry of lawsuits against the mass of employers who violate Fair Credit Reporting Act (FCRA) that grants an applicant the opportunity to confront and challenge their criminal record.  Ironically, this piece of the Rhode Island legislation  generated the most opposition.  But if the companies are complying with federal law… what’s the problem?

In conclusion, the report details four recommendations:

ONE: The federal government should aggressively enforce civil rights and consumer protections that apply to criminal background checks for employment in the public and private sectors.

TWO: The federal government should adopt fair hiring policies regulating federal employment and contracting that serve as a model for all employers.

THREE: State and local governments should certify that their hiring policies fully comply with federal civil rights standards and launch employer outreach and education campaigns.

FOUR: The employer community, together with Craigslist, should play a leadership role in raising the profile of this critical issue and promoting best practices that properly balance the mutual interest of workers and employers in fairer and more accurate criminal background checks for employment.

The courtroom has always been a battlefield for American civil rights.  Anyone who believes this battle ended in 1969 has not been paying attention.

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Politicians Unify Prisoners’ Power! (for themselves)

For those of you in my home state, Prison-Based Gerrymandering might be well known, along with my comrades in New York, Delaware, or Maryland.  For the rest, please take this small state example and reach out for us to help you tackle your own location.

Over a year has passed since the first attempts to educate RI policy makers on the issue of Prison-Based Gerrymandering.  The 2010 Census data shows that the imprisoned “residents” of Cranston have grown by 6%.  Considering overall RI population growth is the lowest in America (0.4%), 26 times lower than the national average, it is time to count prisoners in their communities or continue the path of seriously imbalanced power.

A hearing was held in the Senate Judiciary on S 340, a bill that would count prisoners in their communities rather than cellblocks.  Peter Wagner, from Prison Policy Initiative, has been a technical resource on this issue around the country, including successful legislative changes in New York, Delaware, and Maryland last year.  He noted that RI Dept. of Corrections has excellent data, and the U.S. Census Bureau officially adjusted their statistics this year so that the prisons can be more easily identified.

See the RI population numbers by prison, in Google Maps.

John Marion of Common Cause noted how every district loses by ceding power to those that contain the prisoners.  It is not about finances, but about the number of people one needs to represent.  He also pointed out that, under RI law, people do not lose their residence based on many things including going away to college, military service, or prison.  When Senator Hodgson inquired about the possibility of voters awaiting trial losing their residence by this, Steve Brown (ACLU) pointed out that someone awaiting trial would not be able to register as a resident of Cranston unless they were actually from there.  The Absentee Ballot would correspond with their “home address.”  Likewise, prisoners are not allowed to register their children in Cranston schools nor benefit from being a Cranston resident in any tangible way.

Tish DiPrete spoke on behalf of the Urban League about the overall lack of representation in urban areas, as they are traditionally undercounted already.  People move around quite often, and any city politician should know that many of their registered voters (who will indeed vote) have moved across town.  Considering the overall population numbers are reduced, and growth is low, urban representation needs to be repatriated.

A perfect example is how 27% of northern Smith Hill is vacant properties, the district will have to expand in order to have the adequate number of residents.  The ProJo recently published thepopulations of each current district, and whether they have too few, or too many, residents.  As the article points out, expanding territory into new towns creates a whole other set of commitments and demands.

Current House District 15 has 1,081 extra people, while also having 1,736 incarcerated non-voters padding the district.

Current House District 16 has 374 extra people, while also having 1,821 incarcerated non-voters padding the district.  This is currently Rep. Peter Palumbo’s district which clearly has the fewest vote-eligible people in Rhode Island.  Because of our consolidated prisons, RI ends up with one of the most affected districts in the nation due to prison-based gerrymandering.

In 1970, the ACI population represented 4% of a House district.  That number climbed to 6% in 1980, then 19% in 1990.  In 2000 the number rose to 23%, and now it is at 25%.

Consider the Wyatt Detention Facility in Central Falls House District 56.  It has 360 incarcerated “residents” (2010 Census), up from 324 in year 2000.  Yet anyone who has been following the Wyatt saga (if not, search “Wyatt” on this site) knows this population has been over 700 during the past decade, and possibly only the death of a detainee has halved the number.  Incidentally, CF District 56 is up 984 people.  Shedding the Wyatt would make its expansion a matter of blocks, rather than neighborhoods.

What of the Senate implications, you ask?  They are half as blatant, considering there are half as many districts.  Currently, all 3557 Cranston prisoners are counted as residents of Senate District 27.  This reduces every other Senate district in RI only 87% as powerful as the padded district.  D 27 is currently over by 444 residents, and would be ceding some ground… but it should be ceding 4000 people, and the neighborhoods they hail from.

And finally, there is Cranston City Ward 6, which is nearly 25% prisoners.  This means that for every three people in line to speak with the Ward 6 Councilor, there are four in line to see the others.  Each one with a demand.

For a conversation on the situation in RI, listen to this podcast between myself and Peter Wagner.

Its not a Democrat/Republican thing, its a “One Man, One Vote” thing.  And if you’re not into that, it says a bit about your feelings on the U.S. Constitution and the canon of law.

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Georgia D.O.C. Wages Retaliation Campaign In Wake of 2010 Strike

 

Correspondence between Atlanta Attorney Mario Williams of Williams Oinonen LLC,
(representing several brutalized inmates) and the Georgia Department of Corrections, along with documents from Open Records Requests, reveal disturbing patterns and unanswered questions as to the DOC’s actions and intentions.
Documents reveal savage beatings of prisoners by correctional officers followed by refusal to reveal the extent of the injuries to the famlies of prisoners and, in several cases, the apparently intentional withholding of medical care for days and weeks afterward.  The injuries included fractures, severe blunt trauma inflicted to the head with a hammer-like object, hearing and memory loss.  The family of Miguel Jackson recently traveled to
Selma, Alabama to march in solidarity with the Formerly Incarcerated & Convicted People’s Movement (FICPM).
In at least one case, correctional officers were arrested.  In another, the former warden of Smith Prison (scene of some of the beatings) appears to have been demoted and transferred.  The attorney’s correspondence and records retrieved via the Open Records Act also reveal that dire and terroristic threats to the lives of inmates continue to be made by correctional officers, some of whom are named in grievances and other documents.
The fact that the Georgia Bureau of Investigation has had to take charge of investigating some of the assaults indicates the inability, or unwillingness, of DOC to do so.
Rev. Kenneth Glasgow of TOPS, the Ordinary Peoples Society, is working closely with the legal team representing the prisoners and their families.
“We’re also advocates on the public policy front.  TOPS plans to convene a statewide series of hearings later this year, convened by the formerly incarcerated around the state, along with their families, allies and friends to get to the bottom of the growing scandal that is the prison state in Georgia.”
The Black Agenda Report has printed two informative stories in the last few days:
and
For information close to this systemic issue, contact:
Rev. Kenneth Glasgow, The Ordinary Peoples Society, 403 W. Powell St., Dothan AL 36303, 334-671-2882topssociety@yahoo.com
Atty Mario Williams, Williams Oinonen LLC, 44 Broad St NW, Atlanta GA 30303, 404-654-0288mario@goodgeorgialawyer.com
Bruce A. Dixon, managing editor Black Agenda Report, www.blackagendareport.com404-797-2087,bruce.dixon@blackagendareport.com

 

 

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