The Prison Reform Book E-Book

Martin Bolt

• Herausgeber: BoD - Books on Demand
• Kategorie: Geisteswissenschaft
• Sprache: Englisch
• Veröffentlichungsjahr: 2024

Seitenzahl: 457

Beschreibung

If you consider the American system of incarceration a failure in many aspects and as it stands today as a whole, this book is for you. It details the current prison system and provides not only solutions but a clearly defined and laid out path out of this mess. Easy to say you think, if we are going to spend another $ 10 Billion to fix the system. As it stands today, we are already out of funds. Thus the approach in this book does not need this kind of money to create a fairer justice system. It is quite the opposite, the purpose of this book is not only to safe us all a lot of money, but to bring about a fair, quick, honest and most of all, functional system of incarceration.

Leseprobe

Preface

It is a curious situation that the United States of America prisons hold more inmates than any other democracy in the world.

If you believe various statistical data collection sites the ratio is anywhere between eight times higher and 10 times higher.

The obvious question to ask then is: Do we have that many more criminals in this country? Do we really have eight times the number of criminals than comparable democracies?

And if we do, is it because we created the best law enforcement agencies in the world? Do other countries just lack the proficiency, competence or determination to pursue criminal activity?

There are a lot of questions on this subject and the most relevant one is and always has been, if we can do anything about it. And if we can, how do we go about it? What would be the first step?

These pages provide an insight look into the current situation and list viable remedies to get out of it.

I lived in the State of Oklahoma and have worked within the Corrections setting for 10 years. Since every State has its own rules and laws and statutes to battle its criminal elements, I used the policies of this State to demonstrate how things could get better. The main ideas are certainly applicable to all other States.

Why should anyone care?

I can only answer that question for myself.

I care because I see a tremendous workforce being dormant, just lying around doing nothing and I not only pay for them lying around doing nothing, but I also pay for all the landscaping and cleaning work they could do, for which we now don’t have the money for because we need to pay for people doing nothing.

I also care because teachers in this State haven’t seen a raise in years

I care because I think it is better to invest our taxes in education and training instead of creating yet another record in mass incarceration.

I can think of much better ways to spend the taxes of the productive workforce of this State and of other States.

Somebody should have written this book a long time ago, maybe things would be better already. Some law professor should have sat down with a bunch of his students and worked out a system which could replace or improve upon the current system.

A veteran of the Department of Corrections should have formulated and submitted step by step formulas and procedures which would have been based on his extensive knowledge and experience of this subject matter.

This book is certainly an attempt to improve things. But the fact that somebody wrote a book with some ideas doesn’t improve anything just yet. For now, it is just an assembly of words printed on paper.

Time will tell so to speak. The prove is in the pudding.

The Author

Content

1. The current prison system

A. The good

1. The employee

2. The inmate

1. Lack of Responsibility

2. The Class level system

B. The bad

The employee

The inmate

1. Loss of human dignity

2. Exposure to violence

A. Gang units

B. Personnel

C. The Wall

3. Lack of money

4. Training

5. Plea Bargain

6. Expungement of Records

7. No voting rights

8. Employment limitations

9. Enhancing crime categories

10. Private Prisons

11. Property

12. Perception of inmates

2. Remedies

A. Legalize Drugs?

B. Protecting the Innocent

C. The Plea Bargain, reform of

D. Enhancement of Crime Categories

E. Become a citizen again

F. Simplify the Prison Security levels

G. Enhance the level system

H. The Training issue

I. Disciplinary Procedures

J. Construction Division

The Current Prison System

The Good - the employee

With about 2 million American citizens currently incarcerated and the costs to both State and Federal Government rising to levels not before seen or envisioned, it might be difficult for the uninitiated to find areas within the system of incarceration, which any sound minded person could deem “good”. To speak of anything which is good within the current prison system seem to be more of a conundrum than anything else. The word itself doesn’t seem to match with the state of affairs at all. What in the world could be deemed being good when somebody gets locked up?

So, I set out and started to talk to prisoners and staff alike. I am rather familiar with the environment, having worked as a prison guard for the better part of ten years. Naturally I had my own opinion about the bad and the good aspects of prison life. But I thought to myself, it’s not good enough to portrait my own opinion, I intended to tackle the subject like a journalist would go about an assignment by his editor in chief, talking to people who spend time within the system. I tried to assume a neutral ground on this subject.

To my surprise, employees within the Department of Corrections (DOC) didn’t seem to have too much of an opinion at all. That was the first surprise. Everybody has an opinion about his place of work, so I thought. And the DOC is just another place, where people work thus, they should have a distinct and articulable view on the matter. My exact approach was, to ask some people, what was good or bad about the DOC. I guess nobody ever did that because I didn’t get far with that approach. I mean, you get the usual, safe, unassuming responses you basically would get from any other place of employment. The job has good benefits, the job is easy, the job is secure to some extent, because people will always be locked up and no matter where you move or to which places your life will take you, you always would be able to be hired in some form of correctional setting.

Let’s face it, several factors greatly increase the likelihood of being able to support yourself and your family for an extended amount of time as an employee of the DOC:

1. There are prisons everywhere,

2. People will always be locked up,

3. The custody of prisoners is not likely to be taken over by less expensive, illegal immigrants nor will inmates be transferred to another country with less expensive labor (not yet anyways),

4. The benefits are decent. Provided you work for a State or Municipality, you would normally get good health benefits and in most cases a pension,

5. A uniform is provided for Security personnel,

6. There exist the possibility to receive awards and recognition. Like in many other work environments, there exist programs to award employees. Of course, this has to be backed up by law since the DOC is a state-run agency, but Operating Procedure (OP) 110221 includes the following:

III. Additional Local Awards

Each facility/district/unit may develop local procedures to establish awards for their location including, but not limited to, the following:

A. Safety AwardThis award may be presented to any individual employee or to members of a work unit whose efforts resulted in a verifiable reduction in the frequency or criticality of injuries or illnesses in the workplace, for exceptional or improved safety records, or for any other significant contributions to the achievement of safety related goals.

B. Other Each facility/district/unit head may establish additional work related awards and awards criteria as outlined in their local procedures.

And on page 9 of the same reference, it reads:

V. Awards funding Oklahoma Statute 74 § 4121 and Merit Rule 260:25-23-3 authorize the use of available monies in the agency’s operating funds for awards which recognize outstanding performance or other significant contributions to the agency, and for ceremonies, banquets, or receptions where awards are presented. The cost of recognition awards may not exceed $ 150.00 for each recognized employee each fiscal year when utilizing agency operating funds.

7. The career advancement opportunities within the Department of Corrections are as good as in many other work environments I have observed. Of course, if a particular prison only has 35 positions in total, you might have to be willing to move to another location for the next available, higher position. I have observed that many DOC employees tend to stay in their position for a very long time. If you have mastered the peculiars of your job and plan to stay in that location, it is a fairly secure work environment. And the longer you stay, the better your retirement pay will look like. On top of that, DOC provides longevity incentives. The longer you stay with the DOC, the higher it will be.

At least 2 years to 4 years

$250

At least 4 years to 6 years

$426 etc.

At 20 years or longer, you will get a lump sum payment of $ 2 000 per year.

Let’s put these points down as being good as far as employees are concerned. There is a relative high level of job security and the pay is fairly competitive, compared to the surrounding environment since there is a definite need to have a certain number of staff working inside a prison. Factories may close down, restaurant chains may decide that to keep that particular store in that specific location is no longer viable, but long-term prison closures are still a rare occasion. Prison facilities might get re-structured and prison populations might get shuffled around a little bit, but the amount of square footage to keep inmates is not likely to go down in the near future.

It was surprising to me that many co-workers met me with a somewhat blank stare when I brought this question up. I had to realize that apparently, jobs in prisons are not unlike any other jobs. I always had the idea, working in prisons demands a certain human quality or attitude, which is quite different from other jobs. And the reason for that idea is, because in prisons, you are dealing with people, your product are people. You don’t go to work and move matter around, you don’t go to work and push buttons, drive vehicles or operate machinery. You don’t do any of these things, at least it is not a major part of your job description. One of the first things they will tell you when you enter a program to become a Corrections Officer is, that this job is not for everyone. You deal with a high level of human emotions and reactions. The time an inmate spends in prison greatly depends on his own ability to stay out of trouble. As his time behind bars progresses, so does his options increase to move up to higher levels, which translates into less time he has to spend in prison. And Corrections Officers being on the front lines and constantly being in contact and communication with inmates have the ability and the responsibility to affect their levels, into which I will get in a minute. As a Corrections Officer (CO) can be the cause to decrease an inmate’s time behind bars, so can he be the cause to increase the time. And if the time increases, emotions will flare up as to why and how and that the inmate is innocent and didn’t do anything wrong, etc. This is all part of the job and the application of the rules and regulations within a correctional setting is crucial to the success of a CO. In other words, the decisions a CO makes has a direct and irreversible effect on the inmate’s life, in real time so to speak. As a CO, you have to be neutral, fair, firm and consistent. And simply put, not everybody can do that.

The Good – the inmate

Ask any inmate if there is anything good being an inmate and you will be hard pressed to receive any response. You will more likely receive a shrug with the shoulders or a blank smile, which is understandable. Prison life is not supposed to be good; it is supposed to serve as a punishment. You are under the care and supervision of the DOC. Your entire life is regulated not by your own decisions, but by the schedule of events others determine. So naturally I had a hard time with this subject. What more complicated my search for answers was the built-in wall you encounter between captives and captors, between the guards and the inmates. You have to understand that there is no trust between these two opposing groups. It is almost impossible to have a decent conversation with an inmate, because you are considered an enemy. A conversation can only go so far and no further. Every blue moon an inmate might come up to you in a secret fashion and complain about the noise in his cell at night, because the people he shares the room with are constantly on a cell phone, laughing and giggling all the way for whatever reason. But that is a rare occasion.

There are however a few things I distilled out of my ten years with the DOC, which I would deem positive as far as the inmates are concerned.

1. Lack of responsibility.

If you are not in prison, you have to work, pay your rent, drive your kids to school, do homework with your kids, worry about birthdays and holidays, fix the house, get a car, take care of a car, go to the doctor, send your family and kids to the doctor, pay the bills from the doctor, shave, be presentable etc. etc. Factually we are looking at an enormous number of tasks and responsibilities. In other words, there is a price for freedom. You also have an enormous number of possibilities and opportunities. For a certain number of inmates, all these things we normal people consider part of life never really appealed to them. They wanted to do whatever they wanted to do and it didn’t matter if it was legal or not. These types of people sometimes welcome the opportunity to be free of responsibilities and tasks. And besides that, they are lazy as well. If you find yourself in that state of mind, prison time can have a certain, appealing ring to it. Yes, you have to get up at one point to go to the chow hall and eat, you have to somewhat keep your living area clean and orderly, but that is easily accomplished in 10 minutes. In certain prison blocks, 300 inmates are locked up in double cells and only can look forward to enter the day room to sit on bolted down tables and play cards. If weather provides, every other day they will be escorted outside to say hello to the sun. That is pretty much all they can and will do all day. They will get three meals a day, they will get medical care, they will get soap and a toothbrush.

In minimum prisons and community corrections centers, inmates may have a daily job on center or off center, but still not much responsibilities. The only thing really an inmate needs to know is, to do what he gets told. As long as he follows simple rules and regulations, which are not hard to understand, he will get in no trouble and in most cases, is free to do whatever he sets his mind to. That’s one reason why there never really will be any measurement against the introduction of contraband. An inmate has nothing to do but to figure out, what is the best way to get hold of some tobacco and telephones, but that is another story, which I will get into later.

For lazy people who in real life never had somebody to look up to or for whatever reasons, prison life can be a way of life. Even if you don’t have a job of any kind, you will get paid a few pennies a day, which amounts to something like $ 10 dollars a month. This also varies by qualification and whether or not the inmate is employed by OCI, the Oklahoma Corrections Industries, an organization which supplies products to the DOC and other state agencies.

And some inmates who are incarcerated in Halfway Houses or Community Corrections Centers are of course eligible to be employed by any business which will employ them. They are however required to give up to 50 % of their pay to the DOC. This is covered in DOC policy OP-090110

Community corrections assignment provides eligible inmates with opportunities for work release and continuing education. These programs are designed to assist inmates with Section-09 Programs OP-090110 Page: 2 Effective Date: 07/17/2017 reentry and successful reintegration into the community. Work release provides eligible inmates the opportunity to seek, obtain and maintain employment in the community prior to release from incarceration. Inmates assigned to work release status may also be eligible to pursue the opportunity of continuing their education through colleges, universities or vocational/technical centers. (4-ACRS-5A-14)

As far as leveling the earnings of the inmates towards the cost of incarceration, the following formula is applied according to the same policy:

B. Program Support

1. From inmate wages, a mandatory program support fee will be assessed. The fees for participants will be calculated for the first through the last day of the pay period inclusively.

2. The total amount of program support may not exceed 50 percent of the net wages received for any given pay period; nor will it exceed the daily contracted cost per inmate of the community contract facility or the operating cost per inmate (OCPO) of the community corrections center.

3. Net wages consist of gross pay less FICA, Medicare, federal and state income taxes and court mandated garnishment for child support. Section-09 Programs OP-090110 Page: 14 Effective Date: 07/17/2017

4. No other deductions will be given consideration in calculating net salaries for the purpose of program support.

5. Inmates receiving 100% VA disability benefits on work release status will be required to pay program support fees.

In other words, an inmate can have a normal job while still incarcerated to build up his earnings and depending on the time he still has to serve, can acquire a substantial amount of money before he gets released. And he doesn’t have to worry about a demanding wife and screaming children. He doesn’t have to worry about paying rent, keeping up his dwelling, the cost of gas, insurance or any of that. If his job pays a decent amount of money, it shouldn’t be a big problem to save $ 750 on a monthly basis, because he still will be provided food, shelter, a bed to sleep in, heated and cooled air and everything else other inmates get as well. And not all of us can easily save that amount of money. Thus, it is understandable how a few privileged inmates can find this situation rather alluring. An inmate who works of course doesn’t only help himself. It helps pay for the cost of the DOC as well as mentioned before. We shouldn’t forget that factor. And as far as re-integration is concerned, it is a good thing.

2. The Class level system

Before I got into Corrections, I always wondered, how convicted felons got out of prison so fast. Whenever I saw stories on TV about somewhat famous people, who served time, the only clue given was “good conduct”. Due to good conduct he/she only had to serve five out of 8 years or any such thing. And for someone who never was involved with anybody who spent time behind bars or knew somebody, who spent time in prison, it is not surprising. If you don’t know, you don’t know.

Of course, if you dive into this subject, it becomes abundantly clear, what this is all about. It’s basically the Department of Corrections equivalent to the invention of apple pie. If the Judge decided that the inmate had to serve ten years, the inmate can determine by his own accord and behavior to shorten that term. It is called the Credit level system and is part of the system of incarceration. The better the inmate behaves over time and doesn’t commit new crimes and infractions while in prison, he can acquire higher levels, of which there are several. He starts with level 1 or 2 and can move up to level 4. Depending on the type of crime however and the year the inmate started his prison term, Class level 3 and 4 have additional criteria.

All this is not an idea of the DOC, but state law. It is worthwhile to take a closer look at this section of the law to gain a better understanding how incarceration works and what criteria inmates must meet to move up the levels.

§57-138. Earned credits - Eligibility.

A. Except as otherwise provided by law, every inmate of a state correctional institution shall have their term of imprisonment reduced monthly, based upon the class level to which they are assigned. Earned credits may be subtracted from the total credits accumulated by an inmate, upon recommendation of the institution's disciplinary committee, following due process, and upon approval of the warden or superintendent. Each earned credit is equivalent to one (1) day of incarceration. Lost credits may be restored by the warden or superintendent upon approval of the classification committee. If a maximum and minimum term of imprisonment is imposed, the provisions of this subsection shall apply only to the maximum term. No deductions shall be credited to any inmate serving a sentence of life imprisonment; however, a complete record of the inmate's participation in work, school, vocational training, or other approved program shall be maintained by the Department for consideration by the paroling authority. No earned credit deductions shall be credited or recorded for any inmate serving any sentence for a criminal act which resulted in the death of a police officer, a law enforcement officer, an employee of the Department of Corrections, or an employee of a private prison contractor and the death occurred while the police officer, law enforcement officer, employee of the Department of Corrections, or employee of a private prison contractor was acting within the scope of their employment. No earned credit deductions shall be credited or recorded for any person who is referred to an intermediate revocation facility for violating any of the terms and conditions of probation.

B. The Department of Corrections is directed to develop a written policy and procedure whereby inmates shall be assigned to one of four class levels determined by an adjustment review committee of the facility to which the inmate is assigned. The policies and procedures developed by the Department shall include, but not be limited to, written guidelines pertaining to awarding credits for rehabilitation, obtaining job skills and educational enhancement, participation in and completion of alcohol/chemical abuse programs, incentives for inmates to accept work assignments and jobs, work attendance and productivity, conduct record, participation in programs, cooperative general behavior, and appearance. When assigning inmates to a class level the adjustment review committee shall consider all aspects of the policy and procedure developed by the Department including but not limited to the criteria for awarding credits required by this subsection.

C. If an inmate is subject to misconduct, nonperformance or disciplinary action, earned credits may be removed according to the policies and procedures developed by the Department. Earned credits removed for misconduct, nonperformance or disciplinary action may be restored as provided by Department policy, if any.

D. 1. Class levels shall be as follows:

a. Class level 1 shall include inmates not eligible to participate in class levels 2 through 4, and shall include, but not be limited to, inmates on escape status.

b. Class level 2 shall include an inmate who has been given a work, education, or program assignment, has received a good evaluation for participation in the work, education, or program assignment, and has received a good evaluation for personal hygiene and maintenance of living area.

c. Class level 3 shall include an inmate who has been incarcerated at least three (3) months, has received an excellent work, education, or program evaluation, and has received an excellent evaluation for personal hygiene and maintenance of living area.

d. Class level 4 shall include an inmate who has been incarcerated at least eight (8) months, has received an outstanding work, education, or program evaluation, and has received an outstanding evaluation for personal hygiene and maintenance of living area.

2. a.Until November 1, 2001, class level corresponding credits are as follows:

Class 1 - 0 Credits per month;

Class 2 - 22 Credits

Class 3 - 33 Credits per month;

Class 4 - 44 Credits per month.

b. Class level corresponding credits beginning November 1, 2001, for inmates who have ever been convicted as an adult or a youthful offender or adjudicated delinquent as a juvenile for a felony offense enumerated in subsection E of this section are as follows:

Class 1 - 0 Credits per month;

Class 2 - 22 Credits per month;

Class 3 - 33 Credits per month;

Class 4 - 44 Credits per month.

c. Class level corresponding credits beginning November 1, 2001, for inmates who have never been convicted as an adult or a youthful offender or adjudicated delinquent as a juvenile for a felony offense enumerated in subsection E of this section are as follows:

Class 1 – 0 Credits per month;

Class 2 – 22 Credits per month;

Class 3 – 45 Credits per month;

Class 4 – 60 Credits per month.

In other words, one credit per month equals one day. And moving up the credit levels is neither a given nor something which stays in place once an inmate reaches it. A Level promotion needs to be earned and kept by displaying good conduct on a permanent basis. Class 4 for instance is obviously something almost every inmate strives for, but to keep this kind of privilege requires some work. Inmates can’t get into trouble, they need to keep their areas clean, maintain good relationships with inmates and staff alike, show good work ethics and class participation etc. But let the text of the law do the talking. The same paragraph continues as follows:

3. In addition to the criteria established for each class in paragraph 1 of this subsection, the following requirements shall apply to each of levels 2 through 4:

a. satisfactory participation in the work, education, or program assignment at the standard required for the particular class level

b. maintenance of a clean and orderly living area and personal hygiene at the standard required for the particular class level,

c. cooperative behavior toward facility staff and other inmates, and

d. satisfactory participation in the requirements of the previous class level.

4. The evaluation scale for assessing performance shall be as follows:

a. Outstanding - For inmates who display consistently exceptional initiative, motivation, and work habits

b. Excellent - For inmates who display above-average work habits with only minor errors and rarely perform below expectations.

c. Good - For inmates who perform in a satisfactory manner and complete tasks as required, doing what is expected, with only occasional performance above or below expectations.

d. Fair - For inmates who may perform satisfactorily for some periods of time, but whose performance is marked by obviously deficient and weak areas and could be improved.

e. Poor - For inmates whose performance is unsatisfactory and falls below expected and acceptable standards.

Now this is all very good news for inmates, who learned how to conduct themselves and stay out of trouble, which is why this is a very effective system to get inmates to do what they are supposed to do. Of course, this system doesn’t only have fans. You could argue that no supervisor of yours or your corporate HR section gives you double pay for following rules and regulations and getting along with your co – worker. These traits are obviously a given in the real world. They are a prerequisite to have a job in the first place. Be that as it may, it works in the prison system.

But not every inmate is eligible for the class levels either. There is a long list of crimes, which disqualifies an inmate to participate in the Class level system. These types of crimes more or less all fall into the so called 85 % crime classification. What exactly it is and what type of crimes we are talking about here can be located in §21 of the Oklahoma Statutes.

§21-12.1. Required service of minimum percentage of sentence – Effective date.

A person committing a felony offense listed in Section 30 of this act on or after March 1, 2000, and convicted of the offense shall serve not less than eighty-five percent (85%) of the sentence of imprisonment imposed within the Department of Corrections. Such person shall not be eligible for parole consideration prior to serving eighty-five percent (85%) of the sentence imposed and such person shall not be eligible for earned credits or any other type of credits which have the effect of reducing the length of the sentence to less than eighty-five percent (85%) of the sentence imposed.

Added by Laws 1999, 1st Ex.Sess., c. 4, § 29, eff. July 1, 1999.

To see what crimes are affected, you need not look further than DOC reference OP-060211, entitled “Sentence Administration”. On page 11 of that memo, which by the way can be found on the DOC homepage like any other DOC policies quoted here, it reads:

D. Conditions Where Credits Are Restricted or Not Awarded

1. Offenses in which the law requires an inmate serve a minimum portion of the sentence before being eligible for release.

a. Effective November 1, 1988, inmates convicted of Racketeering Activities under 22 O.S. Section 1401, the Oklahoma Corrupt Organizations Act, must serve one-half (1/2) of their sentence before becoming eligible for work release, house arrest, PPCS, parole, or release from confinement on any other basis. Sentencing under this act can be identified by a Judgment and Sentence utilizing the language “racketeering” of “racketeering activity.”

b. Effective March 1, 2000, 21 O.S., Section 13.1 provided that inmates who are convicted of certain crimes must serve eighty-five percent (85%) of their sentence of imprisonment before becoming eligible for parole consideration and shall not be eligible for earned credits or any other type of credits which have the effect of reducing the length of the sentence to less than 85% of the sentence imposed. Therefore inmates serving a sentence for any of the crimes listed below committed on or after March 1, 2000 are eligible to earn credits during the first 85% percent of the sentence; however, said credits will not be applied towards the sentence until the inmate has served 85% of said sentence. The affected crimes are:

Abuse (other than sexual abuse), neglect or exploitation by a caretaker, 21 O.S. § 843.1 (eff. 6/5/2001)

Abuse of a vulnerable adult who is a resident of a nursing facility, 43A O.S. Section 10-103 (eff. 3/8/2002).

Aggravated assault and battery upon any person defending another person from assault and battery (eff. 11/1/2011).

Arson I, 21 O.S. § 1401 (eff. 3/1/2000)

Assault and Battery with a Deadly Weapon, 21 O.S. § 652 (eff. 7/1/2001)

Assault with Intent to Kill, 21 O.S. § 653 (eff. 7/1/2001)

Bombing, 21 O.S. § 1767.1 (eff. 3/1/2000)

Burglary I, 21 O.S. § 1436 (eff. 3/1/2000)

Child Abuse, 21 O.S. § 843.5 (eff. 3/1/2000)

Child Pornography, 21 O.S. §§ 1021.2, 1024.1 (eff. 3/1/2000)

Child Prostitution, 21 O.S. § 1030; (eff. 3/1/2000)

Conjoint Robbery, 21 O.S. § 800 (eff. 7/1/2001) Section-06 Classification OP-060211 Page: 12 Effective Date: 07/18/2017

Forcible Sodomy, 21 O.S. § 888 (eff. 3/1/2000)

Lewd Molestation of a Child, 21 O.S. § 1123 (eff. 3/1/2000)

Manslaughter I, 21 O.S. § 711 (eff. 7/1/2001)

Murder I, 21 O.S. § 701.7 (eff. 3/1/2000)

Murder II, as defined in 21 O.S. § 701.8 (eff. 7/1/2001)

Parental Consent to Child Pornography, 21 O.S. § 1021.3 (eff. 3/1/2001)

Poisoning with Intent to Kill, 21 O.S. § 651 (eff. 7/1/2001)

Rape I, 21 O.S. § 1115 (eff. 3/1/2000)

Robbery I, 21 O.S. § 797 (eff. 7/1/2001)

Robbery with a Dang. Weapon, 21 O.S. § 801 (eff. 3/1/2000)

Sexual Abuse by a Caretaker, 21 O.S. 843.1 (eff. 6/2/2008)

Shooting with Intent to Kill, 21 O.S. § 652 (eff. 7/1/2001)

Use of a Vehicle to Facilitate Use of a Firearm, Crossbow or other Weapon, 21 O.S. § 652 (eff. 7/1/2001)

We can see that convicts with a violent history have less chances or opportunities to earn higher class levels than inmates with non-violent offenses. And since we are talking about what inmates find good about the DOC, it might be interesting to know, what else they can do to get out of prison sooner. We are not done just yet.

The above refers to the 85% crimes. Yet there are many other categories, which will limit an inmate’s ability to earn higher class levels. In fact, for the uninitiated, it can get quite confusing. But for the purpose of this section, it doesn’t make too much sense to go into the inner workings of what crimes qualify for what class levels and why. For anybody interested in this subject shall only read the above-mentioned reference OP-060211 in full. It is mind boggling. I will get into this a little more in one of the following chapters. Again, for the purpose of this section, I only want to mention, that this entire subject of credit level assignments is a source of joy for all inmates and at least that part of their family and friends, who have interest in them coming home the sooner the better.

However, there is one other thing I should mention, since it is also something, many inmates strive for. Sometimes the Court orders the inmate to complete certain class and program assignments, before he can discharge. These programs most often have to do with some drug or addiction rehabilitation subject. Especially people with a history of drug abuse or alcohol abuse will be given the chance to go through a program, where they will or shall learn, how to better deal with their addiction, before they discharge. The idea again is to lower recidivism. Not all prisons offer the required programs or classes which is why an inmate might get transferred hundreds of miles away from his family in order to be able to participate in it. But again, it’s not all bad, since the offender will also get credits for program participation.

Whatever an inmate does, if it’s a course, program, class or even if he is assigned to a certain job within the prison itself, he will get credits for it. Even inmates on work release, who have a regular job outside of the prison walls in lower security prisons will get credits for program participation. Whenever possible, inmates want to participate in programs and classes, anything which gets them to a release date faster. And prison facilities of all security levels will contribute to that notion by creating these programs and work assignments. It also keeps the inmate busy and somewhat responsible. Here is a quick look at credits awarded for certain type of programs and training. This is a quote straight from §57-138.

H. Additional achievement earned credits for successful completion of departmentally approved programs or for attaining goals or standards set by the Department shall be awarded as follows:

Bachelor´s degree

200 Credits;

Associate´s degree

100 Credits;

High School Diploma or

High School Equivalency Diploma

90 Credits;

Certification of Completion of Vocational Training

80 Credits;

Successful Completion of Alcohol/Chemical Abuse Treatment

Program of not less then four (4) months of participation

70 Credits;

Successful completion of other Educational Accomplishments

Or other programs not specified in this subsection

10-30 Credits;

The last good thing as far as credit levels are concerned is the financial incentive. As I mentioned earlier in this chapter, inmates will earn a little money during their incarceration. It helps pay for court fines, other fines, a Ramen noodle soup every once in a while, and other items. On Level 2, you will earn $ 7.23, on Level 3 $10.84 and on Level 4 $ 14.45 (per DOC OP 060107 “Systems of Incarceration”).

The facility head can approve higher pay rates than that, provided the inmate has particular qualifications, which benefit the facility. Mechanics, or journeyman licensed in their field are a few. Here is the proper quote from OP 060107:

I. Exceptions to Level Grades (4-4461)

Inmates may be paid at a higher rate of pay under the following circumstances:

1. Inmates who are journeymen or licensed in their field and are assigned jobs at the facility to perform in that capacity, or those assigned to the agency’s construction/maintenance (C&M) crew, may be paid at the same rate as a special project pay grade. Pay at this level must be approved by the facility head.

2. The facility head may identify jobs that require a higher skill level (e.g., mechanics, inmate research assistants/law clerks, etc.) that may be paid at the rate of $27.09 per month. The ability to receive a higher pay rate will be reflected in the job description. All requests for pay at this rate must be approved by the facility head and regional director.

3. Special project pay grades may be established as needed to accomplish difficult or extraordinary construction projects or other important projects that require special measures to accomplish.

a. Pay for a special project will not exceed $.54 per hour.

b. These special pay grades can only be established after the recommendation of the affected regional director, with sufficient justification, and a specific time period established.

c. Each request will be reviewed by senior staff and approved by the agency director.

4. With exception of OCI and construction and maintenance programs, inmate pay will not be pro-rated.

5. (Revision-02 10/02/2017) Inmates assigned as facility cooks/bakers and licensed cosmetologists shall be paid at a rate of $27.09 per month. This pay rate will be reflected in the job description.

There you have it. The good stuff as far as inmates and staff are concerned. Depending on who you ask I probably could have carved out the one or the other additional criteria, but this would have been more on an individual level.

You probably could talk to a lifer without parole and ask him, if he would prefer to spend his life behind bars in a state owned and operated prison or within a privately owned facility. His answer would not have anything to do with the Class level system or any work or program assignments since he will get neither. But he will sure let you know about the differences between these two. From the size of the cells, he would live in to the quality and quantity of the food items being served. How is the TV program? Did the facility contract with a local cable provider or is an over the air antenna all there is? How is the work out equipment and the access to it? Is it a 45-year-old facility with spotty A/C performance? How is the access to contraband managed? Is it more of an individual effort to get your tobacco and cell phones or is the acquisition of such items managed by certain gangs, which could make this endeavor more expensive? For a lifer without parole certain aspects of the prison system are not of major consideration. His world revolves around aspects, which makes his life more bearable and easier. And easier and more bearable can mean a lot of different things for a lot of different inmates. Some might have the tobacco smuggling operation all figured out and are in close contact with the people who bring it in. But if that contact person quits or gets fired, that source no longer is available, which requires a restructuring of the entire delivery process. And it needs to happen fast, otherwise different individuals will jump at the opportunity.

The Bad – The employee

I don’t think I need to cover anything in particular. As an employee of the DOC, you deal with the same issues like in any other work environment. Either you can work with your co-workers or you can’t. Either your boss is a good supervisor or he isn’t. Either you get assigned the most uncomfortable jobs or you are on someone’s good side. Even the 24/7 coverage is nothing particularly unusual, after all this is America and there are numerous companies and corporations, which provide around the clock service coverage, so nothing unusual about that. Equally annoying and unfortunate is the assignment of individuals to certain shifts which better suit the life of somebody with a family let’s say. This and many other signs of favoritism are part of a toxic work environment as in any other company.

At one point in time, in the rather distant past, DOC however provided college tuition. At least this is what our HR Rep told me. I was way too late in the game to be able to have enjoyed it, but I need to mention it as something, which existed, thus the lack thereof now becomes bad.

Another aspect of State employment needs mentioning however. If you work in a prison environment, there is certain number of available positions. Let’s say the personnel roster allows for 25 people. Some of them a regular Guards, some of them are what you would call shift supervisors, others take care of the Case Management, etc. Employees, who like a steady life, obviously don’t like to move around a lot, if it is not necessary. As long as the job helps pay for your home, your family etc., you are good to go. And as mentioned earlier, you will get longevity pay and retirement, something which is not a given in many private companies. That leads to the phenomenon of employees keeping a very tight grip on their job. Why would you voluntarily move to another location, if you have everything you need as an employee right where you are. Sure, other state prisons in the country might offer better pay and higher positions, but if you aren’t interested in moving to another location, you get quite comfortable where you are. You have individuals who stay in their position 20 years and longer and are more or less happy with it. I call that the DOC effect. These guys just won’t leave, won’t retire, won’t move. They stay right where they are. After they arrived in their comfortable position, there is nothing anybody can do to get them out of there. As long as they don’t sexually harass anybody or get caught bringing in contraband, even DOC’s hands are bound. Thus, the advancement possibilities for anybody wanting to move up the ranks in that particular facility are very limited.

Every blue moon a supervisory position will be opened up and becomes available. The race is on. This might happen every 5 years or so, depending on what level of supervisory position we are talking about. Intermediate positions are more likely to open up than higher positions, because these are clogged up by veterans with 20 to 40 years in their respective positions. If good advancement opportunities are your thing, DOC might not be the best place of work.

The Bad – the inmate

Being incarcerated is supposed to be a punishment, thus it can’t be a big surprise to find a lot of negative factors. If you listen to some inmates, one prison is supposedly better than another. This is because how prisons are run, just like in a pizza parlor. You work in one location and all co-workers are nice, the supervisor on your shift is a delight to work with, all is dandy. You start to work in the location across town, because you moved in with your girlfriend, and that location still sells the same products, has identical appliances and gets his raw products from the same supplier, but your co-workers are now douche bags and your supervisor is a moron. It’s a totally different work environment. The DOC has many rules and regulations and the treatment of inmates should not be so different from location to location, because especially the prison environment is tightly regulated and monitored since you are not dealing with the production of vehicle suspension parts, but with the supervision of officially grown-up adults. The DOC tried to instill some overall rule of conformity for its employees by formulating what they call the “Correctional Employee Oath”. I assume it is meant to function as a guideline for how we as corrections employees are supposed to behave and carry ourselves. It goes like this:

“I do hereby solemnly affirm to support the Constitution and the laws of the United States of America and abide by the Constitution and the laws of the State of Oklahoma, as well as the policies and procedures of the Oklahoma Department of Corrections. I will treat all employees and offenders with respect and dignity. I will obey the lawful orders of those appointed over me. I will conduct myself in such a manner to enhance and establish a positive tradition of excellence for the Oklahoma Department of Corrections.”

Many companies and corporations have such a fine, ethical, God-fearing credo, which formulates their overall intend and direction of how their employees shall conduct their affairs. And many employees of many companies also know that the reality can differ greatly. So, let’s look at realities of prison life as I have found them.

1. The loss of human dignity

Over the years through newspaper articles or shows on TV, by talking to relatives and friends, who have spent time behind bars, you can get the idea, how dreadful of a place a prison can be. This is so because in most cases it is. The whole idea of prison time is not to give out rewards of comfort and pleasure, but to convey the idea that you as a citizen shall attempt anything and everything to stay out of prison. And that you also should try your utmost best to not come back to prison if you couldn’t help but make your acquaintance with prison life. The whole idea in most countries is, that prison is bad, prisoners are bad, the accommodations are bad, the food is bad, the guards are bad, the possibilities to enhance any positive notions or interests are bad, education or rehabilitation possibilities are bad, the location is bad, the TV program is bad, and most of them all, you lose your human dignity, which is bad as well. There is bad news all around you it seems. And my theory is that it wouldn’t be all that bad, if a simple, human notion is not destroyed in the process as well.

The DOC takes custody of you, when you arrive in prison. The Judge has ordered his decree, the Court Clerk wrote a Judgment and Sentence, detailing the amount of time a person has to serve behind bars and off you go. Whomever you meet in prison from this day forward, you will be a number and you also will be no different than any other number in that system, no matter how hideous or minor your crime was, it is all the same to the prison guard, who will be your main point of contact from here on.

I don’t know how many of you were stripped off all your cloth in front of a stranger, or in front of two strangers. You walk into a room and get told to take off all your cloth. You have to stick out your tongue so that somebody can see if you hide something in your mouth or underneath your tongue. You have to run your hands through your hair so that we can see if anything falls out of it. Lift your arms up high so it is clear, that nothing is carried from A to B under your armpits. Lift your private parts because it’s easiest to conceal contraband in that particular location. Now turn around, bend over and show us, if anything is hidden in there. It is covered in OP 040110 entitled “Search and Seizure Standards”.

C. Authority for Searches (Revision 08/27/14)

All searches beyond the scope of a pat-down search are conducted at the discretion of the division manager, the facility head or Inspector General as specified in the following procedures.

D. Searches of the Person (4-4193, 4-ACRS-2C-04, 4-ACRS-2C-05)

1. Offenders

Offenders are subject to pat down, frisk, strip, visual body cavity, intrusive body cavity, and property searches. If necessary for the safety and security of the facility, x-rays may be ordered in accordance with Section II. D. 1. item d. below.

In other words, every inmate is subject to searches, no matter where or when and no matter what type of facility, from Maximum Security to Community Corrections. If you are an inmate, you are subject to searches including and up to strip searches. It also says that the facility head has the discretion to issue the rules and regulations regarding searches, which in my experience basically brings us right back to paragraph D above.

The referenced policy doesn’t only apply to searches of a person, but of his property as well, his living quarters and of everything he owns. Searches are an important part in a correctional setting, there can’t be any doubt about that. Even if a search might not yield contraband in all cases, it is also a strong deterrent. The way facility staff conduct their searches on a regular and even on an irregular basis, gives clues to the inmates, how serious the detection of contraband is viewed. The number of guards also gives an important clue to the whole subject matter. Occasionally you will hear or read about private prison facilities and how big their problem is as far as contraband is concerned. You would be able, as an inmate, to basically purchase anything you want, if the price is right. I point out private prisons here for the simple reason, that they are managed by profit-oriented corporations. Thus, the need to have adequate staffing to control the introduction of contraband might sometimes appear secondary to the bottom line. There are limits a privately held organization has to operate within to accomplish their mission. This conundrum however became also a problem in State run prisons, because the number of incarcerated people rose over the years, but the budgets for DOC’s didn’t rise equally. We might get into this whole subject a little later however, for the purpose of this part of the chapter we shall stick with the subject matter at hand, the loss of human dignity.

No matter where you are housed within the facility in any particular prison, there is no privacy. About the only privacy you can get is, when you are sleeping. We have the duty to make it possible for the inmate, to get a decent amount of sleep. Even guards employed with the DOC cannot conduct searches whenever they feel like it. But we can conduct searches in an almost unlimited way. If the Director can successfully justify it, I don’t think it is a big problem for any prison facility, to conduct a prison wide facility search every five days or so. Of course, this is fairly unreasonable since such an undertaking would require personnel resources which the DOC simply doesn’t have. But per policy and all rules and regulations, it could be done.

If human dignity includes privacy of any sort, privacy of your person and your living area in particular, it does not exist.

If you are an inmate, all decisions are going to be done for you, including where you are going to live. This is not normally a decision, you or your family have any saying in. The assignment of housing is discretionary in the final analysis. DOC OP 060102 (M) states

This procedure does not create any inmate right. The decision where to place an inmate is totally discretionary. This procedure has been established for administrative process and guidance to staff.

In clear English it means, the DOC alone ultimately decides where to house an inmate, there is no way around it. On the other side of course it is also understood, that certain criminals cannot be housed together with others. A whole lot of circumstances need to be considered and the policies of DOC reflect that. You for instance cannot just throw together two gang rivals in the same housing unit or even the same cell. There are inmates referred to as predators, which like to victimize other inmates as established by their individual case history. You won’t put these types together with old or very fragile inmates. All these factors need to be considered carefully to prevent fights or even inmate deaths.

If you have been convicted of a hideous sex crime, you probably have no other choice than being housed in a Protective Custody setting, otherwise other inmates will tear you apart. Sex crimes are the lowest level of crimes and even inmates and gang members recognize that.

2. Protective Custody (as determined by classification committee)

Protective custody housing is available at Lawton Correctional Facility (males) and Mabel Bassett Correctional Center (females). This housing is specifically for offenders who cannot live in general population due to threats on their lives, and are classified as “protective custody” in accordance with OP-060106 entitled “Special Offender Management System” (SOMS).