Category Archives: 2018

BOOK REVIEW – The Last Confederate Coin

last confederate coin book coverBOOK REVIEW by Wayne T. Dowdy:  THE LAST CONFEDERATE COIN, S.G. Garwood and Dr. Jonathan M. Jackson

Horace Lawson Hunley designed a murderous device during the American Civil War: the H.L. Hunley, one of the first hand-cranked submarines, the very craft that took his life.  The South led the race to create the first hunter-killer submarine.

Authors S.G. Garwood and Dr. Jonathan M. Jackson, capture the reader’s attention with graphic details of America’s bloodiest and most gruesome war, the War Between the States, as they take you into the confines of the H.L. Hunley during its missions.

Historically, on February 17, 1864, the brave men of the H.L. Hunley sunk the U.S.S. Housatonic off the coast of Charleston, South Carolina.  Something went wrong during the process and Lt. Dixon went to the bottom of the ocean with the Hunley and its crew, to lay at rest for 136-years; the vessel did not resurface until August 8, 2000.

The submarine took the lives of thirteen other men before its final voyage in 1864, where it took the lives of its last eight brave men, claiming a total of twenty-one men throughout its brief history; five on its first voyage and eight each on the last two.

Reading the novel and seeing the numerous photos, assists the authors at telling a story about the lives of its main characters and the story behind the H.L. Hunley, most all based on historical facts, with a love story woven into its fabric.

The Last Confederate Coin falls within the historical-fiction category, but there is a lot of truth in this fiction:  A Confederate coin discovered inside the H.L. Hunley tells a story in itself and helped to identify its owner.  That is a fact!

The plot and scenes create a vivid image of what life was like for many of those trapped in the American Civil War, and of those heroic men who lost their lives fighting for a cause, but the authors take the readers deeper than that, below the surface and into the depths of the ocean with those last eight men on the final voyage of the murderous device.

TO ORDER:  Online for $22.95 plus S&H

https://www.lulu.com/shop/search.ep?keyWords=The+Last+Confederate+Coin&type=

ORDER DIRECT:  send email to Alexius Rex Publications:  alexius@sc.rr.com (Corrlinks friendly)

EXTRA SPECIAL BREAKING NEWS

celebrationOn August 28, 1978, I was arrested in Lebanon, KY and ultimately went to prison in Georgia for 7-years. I was released on August 1, 1985, and then arrested on this current case on August 18, 1988. The Kentucky State Patrol followed me across the Tennessee state line, where I was arrested by Campbell County Police in Tennessee; ten days short of ten-years from the date of my previous KY arrest. Now I will be leaving here for the Halfway House in Atlanta, GA on August 28, 2018. 🙂 That is thirty-years and ten days after my arrest on this case, and forty-years after my first Kentucky arrest.

I succeeded at getting more halfway house time because of the time I won off the end of my sentence due to a miscalculation of my Good Conduct Time that I wrote about in my most recent blog. Miracles happen! Ironically, I went to the commissary today and while putting my food items in my lockers, I felt my case manager would be coming to tell me my date was change. The unit secretary gave me the good news before she left this evening after I came in from an NA meeting. 🙂

The news had my heart pounding like a shot of dope, or maybe it was due to all the coffee I drank at the meeting before coming in, or maybe because I only slept three hours last night and have been up since 2:30 AM. I unsuccessfully tried going back to sleep by trying every technique I knew to relax myself so I could sleep. Nothing worked. A lot of times before something spectacular happened in my life, whether good or bad, I experienced the same thing (couldn’t sleep well, usually for a three or four days before the events occurred). At any rate, I am thrilled to share my Extra Special Breaking News with each of you. 🙂

Have a wonderful day! Wayne

BREAKING NEWS

trump and kim

I have good and bad Breaking News. First, I commend President Trump for commuting the life sentence of Alice M. Johnson, a 63-year old grandmother trapped in the federal prison system for 21-years. The lovely Kim Kardashian West interceded on her behalf to President Trump.

Ms. Johnson was not a small-time drug dealer, but … 21-years is enough time in prison for anyone to serve who did not commit mass murders or horrendous crimes.

Now, if President Trump wants to save American taxpayers millions of dollars, he’ll instruct the Attorney General to order the BOP to reinterpret 18 U.S.C., Section 3624 to give federal prisoners the 54-days Congress provided for in the statute (see “INCREDIBLE NUMBERS FOR SEVEN DAYS”).

Other good news is that I succeeded at obtaining WorkKeys Platinum Certification to increase my chance of finding gainful employment upon release: More on that in a moment.

The bad news is that a nine-year study on recidivism was released in May 2018 that showed 83% of released prisoners from 30-states were re-arrested at least once during the study period. I’ll write more on that one, too!

MORE OF THE GOOD NEWS: In “Uncivil Wars” (08/17/17) and in “A Job Affair” (10/03/17), I listed what my ACT WorkKeys Skill Report showed for each of the three ACT skill levels. I scored in the Platinum range for two of the three categories.  The Gold Certification I received was because of the Level 5 score in the Locating Information category (I needed one more correct answer to score as a Level 6), so that’s why I wanted to try again.

During the September 29, 2017, Mock Job Fair, the representative from the South Carolina Vocational Rehabilitation Department strongly suggested I retake the test because I was so close, and because only six percent of students receive the Platinum certification. I followed her advice.

CHANGES: Since I took the ACT tests in August 2017, WorkKeys changed their testing and scoring system. The Levels for Locating Information ranged from 3-to-6. When retested, I learned that Locating Information was replaced with Graphic Literacy.  Students may now score up to a Level-7 in Graphic Literacy, the same as with Applied Mathematics and Reading for Information (also changed). The change made sense and made the testing more consistent.

This is from my ACT WorkKeys Skill Report:

WorkKeys Graphic Literacy:

You scored at Level 6.  People who score at Level 6 have demonstrated all of the Levels 3, 4, and 5 skills. They also demonstrated, using graphics designed at the highly complex level, the following skills:

* Locate information in a graphic using information found in another graphic

* Compare two or more pieces of information

* Identify a trend/pattern/relationship

* Make an inference or decision

* Identify the graphic that accurately represents the data

Additionally, using graphics designed at the high-moderate level, they have demonstrated the following skills:

* Compare two or more trends/patterns/relationships

* Interpret a trend/pattern/relationship

* Make a reasonable inference or decision based on one graphic after finding information in another graphic

* Justify an inference or decision based on information

* Identify the most effective graphic given a defined purpose

* Justify the most effective graphic given a defined purpose

[End Quote] In Graphic Literacy and Applied Mathematics, my scale scores were 82. I did best at Reading for Information (Level 7, scale score of 87).

The above results show 1) I’m capable of interpreting data presented in recidivism studies that rely on graphs and complex data, and 2), I’m qualified to perform mathematical analysis to solve complex problems.

CONFESSION: I failed to perform to my fullest potential when writing “War & Reentry.”

A reader said I was unclear when writing about recidivism numbers and studies. Upon review, I saw I erred in comparison of recidivism numbers relied on by ex-director, Mark Inch. I wrote that he was wrong by stating federal prisoners recidivated at half the rate of state prisoners.

I was incorrect in one sense: If non-citizens were included into the federal study, the numbers would be much different; however, that is not the case. I used an incorrect formula to present the argument. The actual numbers were 67.8% for state prisoners, compared to 33.7% for federal prisoners rearrested within 3-years of release.

If 68-state prisoners and 34-federal prisoners were rearrested after their release during the same study period, the statement by Mark Inch would be true.

THE FACTS prove the statement untrue because the Feds released and deported thousands of illegal immigrants during the study period, many of whom illegally-returned to the United States and were rearrested (recidivated), but were not included in the “Recidivism Among Federal Offenders: A Comprehensive Overview.” Non-citizens were included in the comparison 5-year State study listed below.

Read more on the 2016 federal study in “Recidivism in America” (01/25/17), where I posted a link to the April 2014 comparison state study. Another associated article/blog is “An Inside View of Criminal Justice,” originally published by PrisonLawBlog.com (10/07/14). I show the influence of private prison companies on the BOP and failed policies that fuel mass incarceration.

INCREDIBLE NUMBERS FOR SEVEN DAYS: In “War & Reentry” I showed the millions of dollars American taxpayers will save if the BOP awards its prisoners 54-days per year, instead of the 47-days awarded since 11/01/1987, which resulted in prisoners serving longer prison sentences than intended by Congress.

The numbers listed were that 44,000 federal prisoners get released each year and that if released 7-days earlier, it would equate to an annual savings of thirty-million, six-hundred thirty-thousand, and six-hundred dollars.

Those numbers are correct: $30,630,600 saved by awarding federal prisoners the other 7-days lost in the BOP’s interpretation of federal law.

THE JUSTICES who dissented in Barber v. Thomas, 560 U.S. 474, 130 S.Ct. 2499, 177 L.Ed.2d 1, 13-16 (06/10/2010) cautioned that the majority opinion would add, “[t]ens of thousands of years of additional prison time on federal prisoners …. And if the only way to call attention to the human implications of this case is to speak in terms of economics, then it should be noted that the Court’s interpretation comes at a cost to the taxpayers of untold millions of dollars.”

The majority said the BOP’s interpretation was “reasonable” and that they must give it deference. The Justices did “[n]ot determine the extent to which Congress has granted the BOP authority to interpret the statute more broadly, or differently[;]” therefore, the agency may change their interpretation immediately to comply with the statute, clarified by the House of Representative in passing the FIRST STEP act with a vote of 360-59.

IF the BOP and Attorney General wants to save your taxpayer dollars, they will change their interpretation and give federal prisoners those other 7-days. The truth is, that if changed, the bureaucrats will probably give themselves large bonuses to consume funds saved.

COST OF INCARCERATION INCREASE: Between 2011 and 2017, the cost of incarcerating a federal prisoner rose from $79.16 to $99.45 per day or $28,893.40 to $36,299.25 per year. Federal Register, Vol. 78, No. 52 (03/18/13), and Vol. 83, No. 83 (04/30/18). That will grow.

BE PROACTIVE FOR CHANGE: Demand a change! Contact your Senator and Congressional Representative and ask him or her to push prison reform and a change from draconian sentencing laws that lead to mass incarceration. Demand that BOP (Backwards on Purpose) officials be held accountable and follow the law to reduce recidivism.

BACK TO THE NUMBERS: I questioned the figures when I thought of 44,000 as the number of released federal prisoners, so I went to the source:  transcript of Ex-director, Mark Inch’s testimony before the “Oversight Hearing of the Bureau of Prisons” on April 17, 2018. Inch stated on page two, under subheading “OUR PROGRAMS – REENTRY BEGINS ON DAY ONE” as follows:

“Reentry programming is a critical component of public safety; inmates are much more likely to return to a life of crime and victimization if they leave prison without job training, treatment for mental illness and/or substance abuse, an education, and a general understanding of what it means to be a productive law abiding citizen. It is important that we in the Bureau help ensure the nearly 44,000 inmates who are released back into the communities each year do not repeat their past mistakes.” https://judiciary.house.gov/wp-content/uploads/2018/03/Inch-testimony.pdf.

EVIDENCE OF MORE RECIDIVISM:  Last month the Bureau of Justice Statistics released a new study (“2018 Update on Prisoner Recidivism: A 9-Year Follow-up Period (2005-2014),” NCJ250975, May 2018), a follow-up to the 5-year study relied upon for comparison by the ex-director (“Recidivism of Prisoners Released in 30 States in 2005: Patterns from 2005 to 2010,” NCJ244205, April 2014).

The 83% recidivism rate revealed in the 9-year follow-up study shows the seriousness of recidivism in America and the need for a magic elixir that does not exist. Until financial incentives end for politicians who continue making policies and laws that fuel mass incarceration, positive change will be slow: It is time to stop state and federal funding for private prisons.

In 2015, former presidential candidate, Senator Bernie Sanders, introduced a bill to bring back federal parole and to stop federal funding for private prisons. Apparently, none of Senator Sanders’ peers were interested in eliminating a source of income from private prison lobbyist, so the bill never made it to the vote stage of legislation.

FLAWED POLITICS: In passing laws and implementing policies and practices, the political trend for decades has been to restrict or prohibit violent felons from receiving time off their sentences for program participation. Criminal laws include increased penalties for career criminals and those who commit violent felonies.

To deny those offenders of program benefits increases the risk on society that those prisoners reoffend. Violent offenders need help, too.

Most violent offenders will be released from prison; therefore, those laws and policies are flawed and need restructured to include anyone who wants to participate and maybe change their lives, if the law-makers want to protect society and to reduce recidivism.

VIOLENT CRIME MISCONCEPTION: All categorically-listed crimes of violence do not contain violence. I addressed the issue in “Violent Crime Misconception” (02/24/16). I believe most people think of violent criminals as those who physically harm or threaten to harm their victims during the commission of crimes like rape, murder, and armed robbery.

Programs that current policy prohibits certain prisoners from receiving benefit from, are programs such as the Residential Drug Abuse Program. And in the event that the Senate approves the FIRST STEP act, any “Evidence-based Recidivism Reduction Program” or activity that reduces recidivism.

For instance, inmates with convictions for “certain” crimes of violence or sex crimes, will be prohibited from earning time off sentences by participating in evidence-based programs; e.g., Federal Prison Industries (UNICOR) that reduces recidivism by 24%; taking educational or vocational classes. Restrictions also apply to those who participate in faith-based or social programs; mentoring or teaching any evidence-based program; participating in cognitive behavior treatment, “victim impact classes or other restorative justice programs.”

Those aspects of legislation needs changed and made retroactive to award prisoners for positive behavior exemplified under dire circumstances. Maybe Kim Kardashian will help get votes in the Senate to change the failed criminal justice policies. Go girl!

_________________________________________________

Wayne T. Dowdy writes at StraightFromthePen.com.

HAPPY MOTHER’S DAY, CORRECTIONS and REENTRY

Each year I like to wish all the mothers of the world a Happy Mother’s Day and to add something different to my previous wishes.

Happy Mother’s Day to all you wonderful and deserving mothers of the world.  Each of you is special in your own right.  Perfect is a fantasy, so even if you made errors in your youth or child rearing practices, you deserve recognition and praise for the pain you endured and thus kept the human race going, popping out babies to face the challenges life presents; some of whom become technological geniuses, innovators, inventors, and the movers & shakers who changed the world.  Most of us simply become ordinary men and women, but all of us are of equal importance in this thing called life.  We are all connected: It takes each of us to make Life complete.

Should this not be posted before Sunday, May 13th, Happy Belated Mother’s Day!

CHANGES:  I must confess once again to writing less than perfect blogs.  In my defense, I present that I type on a system without the benefit of any editing features, outside of spell-checking; nothing to check grammar or style, nothing available to check punctuation, or for using special font features (italics, bold, underline, all prohibited).

Whatever I send through Corrlinks.com gets posted, as is, unless I request a change after sending it:  I hesitate doing so because I don’t want to burden the person gracious enough to assist me in my mission of getting my words outside the walls and barbwire fences that contain my body but not my mind or fingertips that fly across the pages.  However, my messages are limited to 13,000 characters that I often use to get you something of value to read, so that part of me is contained unless I want to do a multi-part series.  🙂

After clicking to send my most recent blog, “Changes,” I had to send a request to make four corrections, explaining that with a title like Changes, you might know I’d need to make a few.  Well …, then after she made them for me, I find others but chose to let ’em ride until I wrote this blog.  Darn it, I hate errors, especially, when I make them!

CORRECTIONS:  I listed the title of Ms. Sally Q. Yates as an Assistant United States Attorney.  She held a position much more prestigious than that: the former Deputy Attorney General under the Honorable Eric Holder, United States Attorney.  Sorry Sally.  Okay, I’ll do better.  I apologize Ms. Yates.

Then in the opening paragraph, I used “digression” in the first sentence (“Storms ravage the United States:  tornadoes, snow and ice storms, in April, along with the political and technological storms that drive the progression or digression of the nation.”)  The proper word is “regression,” because I meant it in the sense that some policies and practices drive us backward instead of forward.

I also improperly credited the Bureau of Prisons’ Psychology department as offering “Health & Wellness” classes (most of which are taught by someone from the medical or recreational departments), and “Job Applications & Resume Writing,” which is taught through the education department.  I benefited through my participation in both programs.

Other programs are also available at various institutions that benefit the inmate population that I do not mention.  I’ll share later about my personal experience with one such program conducted here on April 25, 2018 (the date my Unit Team requested for me to leave here to a halfway house that was changed to December 26, 2018, at the Residential Reentry Manager’s office in Atlanta, Georgia, because of the political BS and changes in the halfway house policy by the new BOP director).

CORECIVIC/CORRECTIONS CORPORATION OF AMERICA:  I recently learned that the correct name of the former CCA is not Correctional Corporation of America.  There is no “al” following Correction.  I learned the correct former name in the case I indirectly referred to in “Changes” Grae, Individually and on Behalf of All Others Similarly Situated v. Corrections Corporation of America, Damon T. Hininger, David M. Garfinkle, Todd J. Mullenger, and Harley G. Lappin, 2017 U.S. Dist. LEXIS 207475; Fed. Sec. L. Rep. (CCH) P99, 936 (M.D., TN 12/18/17), where the Honorable Aleta A. Trauger, United States District Judge, ruled in favor of the plaintiffs and refused to grant CCA’s motion to dismiss.

CLARITY:  Also of great importance is that I do not mean to come across as stereotyping all politicians, BOP employees or its prisoners, when I speak negatively about the political spectrum in America, the BOP or the system as a whole.  The system has more good men and women than bad (that goes for political parties, too).

Several staff and prisoners helped and, or supported my desire to change and gave me their time, and often shared their knowledge and wisdom that allowed me to advance to another level in life that I now use to help others.

REENTRY SIMULATION:   I went to jail for going to an NA meeting high, agreed to pay $40.00 to a bondsman, and then got evicted for not paying my rent on time, but I did go back and pay the bondsman when I got paid in the final quarter.  🙂

“Thank you,” he said.  “I pointed at you and told Ms. P (Reentry Coordinator) that you’d slide out of here and not pay me for getting you out of jail.”

The event took a lot of work to put together.  Over 50-visitors and 70-inmates attended.  To get the visitors inside the secured lines of the institution, required a lot of paperwork to check their backgrounds before they were approved to enter the visiting room, where the event was conducted.

Approximately 10-tables were set up around the perimeter of the visiting room, each of which represented various functions a newly released prisoner may have to deal with (e.g., Probation Office, Courthouse with a Jail next door; Social Services to apply for food stamps, etc.; a Health Department where we could sell blood for $25; Identification and housing departments; and an Employment Service where I needed to go to pick up my $320 pay check that no one had told me about.

In addition, one table was set up for the Church where Narcotics & Alcoholics Anonymous meetings were held, and another table representing a Treatment Center on the opposite side of town.

Institutional staff (correctional counselors, business office personnel, case managers, secretaries) and a few volunteers, manned the tables/departments.  Some volunteers participated in the event as if released from prison, while others coordinated the functions of the event.

OUT OF TIME:  The event was set up in four 15-minute segments.  At the end of each segment the coordinator blew a whistle for us to return to our seats.

Us participants were seated in seats where clear, plastic folders laid, with 5″ x 8.5″ card and other items, including Monopoly money to pay for services.  Each card contained a profile and role with a schedule we had to adopt and comply with to successfully complete the event.

We had to pay to go to any of the areas/services, the same as having to pay bus fares or processing fees for services.  I often stood in line only to learn I needed more money than I had, and by the time I made it back to where I needed to do whatever, the clock ran out and I failed to do what was required.

My profile was Whitney, a person with a drug problem who had served 10-years in prison for bank robbery and possession of a weapon by a convicted felon, the latter of which is a common charge in federal prison.

Before the event concluded, my schedule required that I report to my probation officer, who was not happy because I failed to attend the required treatment sessions, failed a Urine analysis, got evicted from my apartment, and had gotten put in jail.

My response:  “I promise I will do better.  I’m sorry for not making it to the treatment session.  I ran out of time and couldn’t make it, and then when I appeared, the therapist couldn’t work me into her schedule, but I did go to NA meetings and to work.”

“Are you clean now?” he asked.

“Yes, sir.  I can pass the UA.”  He gave me a break and another chance by not filing charges against me for violating the terms of my supervised release.

WHAT I LEARNED:  I get agitated not knowing where I need to go and standing in long lines only to be turned away for lack of funds or for being late for an appointment.  I need to be more prepared, allow for more travel time, and to learn the location of everywhere I must go, in advance.  Such problems I’ve not faced for thirty years and did not find it entertaining.  I did enjoy the experience, though.

OTHER EVENTS:  The next day I retook the WorkKeys test for Locating Information.  I wanted to try again for Platinum certification.  Gold is good but platinum is better.  The lady from the South Carolina Department of Vocational Rehabilitation that I mentioned in my blog, “A Job Affair,” strongly suggested I retake the test to go for Platinum because I only missed it by one answer, and because only 6% of participants get Platinum Certification.

In the near future, I hope to write that I succeeded at obtaining Platinum Certification.  If not, then I’ll try it again.  “If at first you don’t succeed, try, try again.”  I will do that until I achieve my goal.

In my next blog I will write more about bills pending in Congress, the BOP, and more misinformation presented by the BOP director before Congress during an Oversight Hearing.

The Storm & Valentine’s Day Wish

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

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

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

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

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

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

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

sleet stormWINTER STORM & A VALENTINE’S DAY WISH

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

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

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

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

valentines day image

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

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

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

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

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

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

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

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

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

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

“The ‘Second Chance Act of 2007’

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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