Thursday, December 1, 2011

Maine Prison Exiles begin to Return: 2011 in Review

The written record of 2011 documents sent me relating to the requests to return to Maine State Prison filed pursuant to Dept of Corrections Policy 23.5 by exiles Arthur Belanger, (approved); Joel Fuller, (denied); Brandon Thongsavanh (denied); Smokey Heath, (denied). 

More docs to be uploaded. POLICY  23.5. PRISONER OUT OF STATE TRANSFERS (pdf) 


2011 Recommendation Memos, Warden Patty Barnhart

Arthur Belanger memo June 6, 2011

Joel Fuller memo  June 9, 2011

Brandon Thongsavanh memo July 27, 2011.

Smokey Heath memo August 01, 2011


2011 Decision Letters by Commissioner Joe Ponte 

Arthur Belanger Decision August 31, 2011

Thongsavanh decision (denial) September 21, 2011

Smokey Heath decision  October 26, 2011


2011 Scott McCaffery memos requesting input from Barnhart

To Barnhart re Thongsavanh June 8, 2011
To Barnhart re Souen Kim October 11, 2011 

Friday, April 1, 2011

Maine prisoner advocacy group opposes bill to export Maine prisoners for profit out of state.

For immediate release
Contact:  Judy Garvey  207-374-2437
     Jim Bergin    207-374-3608
   
   AUGUSTA -- The Maine Prisoner Advocacy Coalition (M-PAC) will vigorously oppose a bill that would allow the Department of Corrections Commissioner, for the first time in Maine’s history, to ship Maine's prisoners to out-of-state corporate prisons “for any purpose,” coalition leaders said Friday. 
  
          The proposed law, known as L.D. 1095, titled, “An Act to Facilitate the Construction and Operation of Private Prisons by Authorizing the Transport of (Maine) Prisoners Out of State” – and referred to as “the corporate prison deal” by M-PAC – comes about as the result of a deal with Corrections Corporation of America (CCA) as a prerequisite to building a private, for-profit federal transfer center prison in Milo or another Maine town.  Milo officials have been trying to entice CCA to build a 2,000-bed prison for federal inmates from other states in their Piscataquis County town.

          “This new legislation is sweeping and meets the terms of the deal that CCA demands – to move Maine prisoners to other states – before it will build a prison in Maine,” says M-PAC co-director Judy Garvey of Blue Hill.

          In voting for this deal to pass, legislators would agree to provide CCA with Maine’s prisoners to fill vacancies in facilities it operates in distant parts of the country.  In return CCA would come into a Maine town like Milo, with high unemployment, and build a $150 million prison to house 2,000 or more in-transit federal prisoners, almost doubling the prisoner population in Maine and the population of Milo as well. 

           According to their December 2010 Maine Lobbyist Registration, Joshua Tardy and James Mitchell of Mitchell Tardy Government Affairs will be aiding CCA’s efforts. The new lobbying group lists one client: Corrections Corporation of America.  

          Earlier attempts by former Gov. John Baldacci to transfer Maine prisoners to a private prison in Oklahoma were defeated. Baldacci then won approval to consolidate Maine prisons and county jails, which apparently resolved his concerns about overcrowding at state prisons.  Gov. Paul LePage has now voiced support for the construction of a private prison in the town of Milo as a way to create jobs and boost the local economy. But critics see this form of presumed economic growth as ineffective and a double-edge sword. Both Baldacci and LePage received campaign contributions from CCA.  

          Rev. Stan Moody of Manchester, a former chaplain at Maine State Prison and former state legislator, sympathizes with the economic issues: “I recognize that Milo has suffered more than most from decades of economic bypass, but do they really want a hundred low-paying jobs to house other people’s failures?  Does Milo get 100 non-manufacturing jobs on the backs of hundreds of Maine families and loved ones of prisoners sent off to CCA prisons too far away for visits and too far away to know of human rights abuses?”

          Numerous reports by former CCA prison towns state that the expected jobs often do not materialize.  CCA does not hire individuals over 37 yrs old, and generally brings in staff from other locations to fill high paying administrative and supervisory positions.  

          According to Jim Bergin, M-PAC’s co-director, “A small town in rural Virginia that allowed a prison to be built, with the hope of economic recovery, had difficulty attracting other businesses, experienced a decline in property values, an increase in domestic problems, and in lieu of attracting other forms of development, was considering building another prison; in effect, becoming a form of penal colony."
          The American Correctional Officer Intelligence Association debunked myths about economic upswings in CCA prison towns: “After a sordid 20-year history there is no proof that supports these contentions.”
          Motivated by the need for increased employment, Milo Town Manager Jeff Gahagan has stated that, "even a hundred jobs would help the local unemployment level."   

          Given today's economy Garvey agrees with the need for innovative sources of employment, but sees the negative consequences of shipping prisoners away from family and community as "counter-productive in lowering Maine’s crime and reducing recidivism as well as impacting the humane treatment of men and women who are transferred as part of a quid pro quo to contribute to CCA's bottom line.”

          Specifically, many families already find it difficult to make the long treks to some of Maine’s prisons and fear if their loved ones are taken out of Maine, they might not ever be able to visit them, Garvey said.  “We can only imagine how much more difficult those efforts would be should any Maine prisoner be moved out of state,” she said. “This breaks up families and causes severe strain on children of prisoners.”

          M-PAC gives a voice to Maine prisoners and their families and works toward humane, ethical, and positive changes to the state’s corrections system in order to improve safety in Maine communities and lower tax burdens.
          Another major concern to families is the overall lack of accountability and transparency in how Maine’s prisoners would be treated in other state’s systems, according to Bergin, considering the difficulty M-PAC has encountered in getting timely and accurate information about problems inside Maine’s own prisons. 
          Trudy Ferland of the First Universalist Church of Pittsfield, which will host a May 5th community forum on corporate prisons, says, "Profiteering from the incarceration and trading of human beings compromises public safety, corrupts justice, and is not in line with Maine values."

          Many of Maine’s 4,000 county and state prisoners are elderly, sick, and disabled, while many others need chemical addiction treatment to successfully return to their families and communities after sentences end, Bergin said. 
 
          In a related development, Garvey and other M-PAC leaders said they have been encouraged after a recent meeting with new Corrections Commissioner Joseph Ponte. The prisoner advocates were able to share with Ponte an overview of their concerns for Maine prisoners, several who have died in state custody over the past two years.  Ponte assured advocates that he would be exploring positive changes to the system to make it more accountable.
          For more information on L.D. 1095, or to contact M-PAC members, see the group’s website at www.maineprisoneradvocacy.org

Wednesday, March 16, 2011

Maine's new Corrections Commissioner: first impressions, all around.

Met with Maine's new Corrections Commissioner Joe Ponte for 90 minutes Tuesday. He's from Away, like the new Maine prison warden Patty Barnhart. He understands he is perched atop an agency still firmly in the grip of an Old Boys' Club of corruptos troughing at DOC's cashflow, and that he has arrived just in time to defend the Dept of Corrections budget before the Legislature.

So what is Ponte selling us? Trimming entrenched fat from the Department of Corrections budget while as yet barely knowing the players in the department must be tough.  Keep your hands off my stack! is surely what each of his subchiefs advises when he consults them.  And knowing that the OBC chorus can block his every reform effort if it chooses. He could be a reformer. In photo, Ponte hamming it up at a CCA prison cafeteria

On inmate exile? He agrees a case by case review is necessary.  Is noncommittal on LD 690 since the first time he'd seen the bill was when I handed it to him at the meeting! (Its only one page Happy news for an official whose inbox must look like Mt Katahdin.)

He's spending this week with the guards, walking the pods  in Warren for the first time WITHOUT the prison brass  present. -  Guards get s**t upon by the Club if they don't join in their secret racketeering. An account by a retiring Maine prison guard richly illustrates the obstacles the old boys club have created  to reform. This document is the one that got the Maine inmate correspondent  of a Maine Community radio news show exiled to high security prisons, first in Baltimore, MD, then Western Maryland and now Trenton NJ. Punished by the old boys for getting them in trouble. Six years in exile prisons so far...and counting.

There were three other prison reformers there at the meeting; Ponte had no staff with him, there in his office in the funky old former state mental institution that overlooks the Kennebec River, though the door was open to the room where the top cubicle types are, and doubtless many ears were tuning in.




Monday, January 31, 2011

Maine legislature in 2010 to consider reform of interstate prisoner transfers

Representative Ralph Chapman has submitted the following language for a bill to reform interstate transfer of Maine prisoners. It is likely to come out slightly modified.

It has yet to come back to him from the Legislative Info Office in final draft.  It may be possible to get the new administration's support as little if any cost is involved and it is a good-for-many-Maine-families bill that discourages use of exile as punishment, but allows it for the public good if necessaryI have corresponded with some of the exiled inmates and their families and learned the sometimes gruesome stories of Mainer inmates' lives in other states' prisons, and of the incredible difficulty in getting returned to MSP.  Please contact me if you would like to help get this bill passed through the legislature and signed by the governor. It'll take some organizing...
Ron Huber, coastwatch@gmail.com 207-593-2744

The bill amends the following section of state law:
(it may end up being parceled out among several of the nine paragraphs in this Article IV section of the state law.)

MRSA 34-A §9404.  Interstate Compact. Procedures and Rights--Article IV

Existing: "Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, the officials may direct that the confinement be within an institution within the territory of the other party state, the receiving state to act in that regard solely as agent for the sending state."  (existing law has eight more paragraphs)

NEW: Add elements  of following 3 paragraphs: 
"However, no inmate sentenced under Maine law may be committed or transferred to an institution outside of this state, unless he or she has executed a written consent to the transfer, or a non-consent  transfer is approved by the Maine court of jurisdiction. The inmate shall have the right to a private consultation with an attorney of his choice, or with a public defender if the inmate cannot afford counsel, concerning his rights and obligations under this section, and shall be informed of those rights prior to executing the written consent."

"At any time more than 1 year after the transfer, the inmate shall be entitled to revoke his consent and to transfer to an institution in this state, unless continuation of transfer is obtained through the court. In such cases, the transfer shall occur within the next 30 days. The inmate shall have the right to legal representation if a non-consent continuation of transfer is being sought through the court."


"
Grandfather clause: All inmates sentenced under Maine law that were transferred outside of this state without consent prior to passage of this act shall be entitled to transfer to an institution in this state. In such cases the return shall occur within 30 days, unless  a continuation of transfer is approved by the state court of jurisdiction.
End of submitted bill language.