Prisoners Report on Conditions in

New York Prisons

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www.prisoncensorship.info is a media institution run by the Maoist Internationalist Ministry of Prisons. Here we collect and publicize reports of conditions behind the bars in U.$. prisons. Information about these incidents rarely makes it out of the prison, and when it does it is extremely rare that the reports are taken seriously and published. This historical record is important for documenting patterns of abuse, and also for informing people on the streets about what goes on behind the bars.

We hope this information will inspire people to take action and join the fight against the criminal injustice system. While we may not be able to immediately impact this particular instance of abuse, we can work to fundamentally change the system that permits and perpetuates it. The criminal injustice system is intimately tied up with imperialism, and serves as a tool of social control on the homeland, particularly targeting oppressed nations.

[Gender] [Political Repression] [New York] [ULK Issue 40]
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PREA National Standards: Symbol or Sword?

The Prison Rape Elimination Act (PREA) was signed into law in 2003.(1) National prison and jail standards were enacted in 2012, nearly a decade after passage of PREA, and inexplicably late for the U.S. prison system which is long plagued by a sexual violence crisis.(2) PREA national standards carve a benchmark for prison administrators to prevent, detect and respond to prison sexual violence (PSV). Most significant are sweeping changes affecting documentation, accountability, confidentiality, post-sexual-assault medical care, testing for sexually transmitted infections (STIs) and mental health counseling for PSV survivors.(3)

The PREA audits began in August 2013, and are supposed to occur at every youth and adult, state and private prison, jail, and holding facility every three years, with punitive forfeiture of federal funding at stake for lack of compliance. With 50% of documented PSV perpetrated by staff, prison administrators face greater liability through the transparency now mandated by PREA.(4)

One in ten prisoners are sexually abused, which is more than 200,000 youth and adults in prisons, jails and juvenile detention each year.(5, 6) Many are left to march the road to recovery, while coping with HIV, other STIs, mental trauma – the morbid souvenirs of rape.(7)

With PREA, the New York Department of Correctional Services (DOCS) started promoting “zero tolerance” propaganda. I felt (foolishly) that we were on the same side for once. I formed and launched a non-profit project with the goal to support, educate and advocate for PSV survivors, and those at risk. I especially focused on LGBTQI (Lesbian, Gay, Bisexual, Transgender/sexual, Queer, Intersex) prisoners who are at 10-13 times higher risk to be victim of PSV, according to Department of Justice statistics. Not thinking I was doing anything “disallowed,” I conducted this openly with no attempts to hide my activities.

However, DOCS took a radically different view, and launched an Inspector General Office investigation, forcing me (under duress) to cease and desist further activity with the project. But unable or unwilling to issue writeups on this issue, they instead launched a salvo of “unrelated” administrative charges, resulting in 18 months of keeplock (isolation). They also transferred me multiple times. I’m now serving 5 months keeplock time, which I’d already served at the last jail.

All this has only served to strengthen my commitment and resolve. Our efforts, in concert with NY ACLU, have yielded a settlement with DOCS to reduce the use of SHU/long-term isolation, with caps on sentences and exempting non-violent/safety-related offenses. It’s a start but I’d have preferred a court ruling to this “voluntary” settlement, which the state can renege on.

PREA mandates the first round of audits as of August 2014, with statistics to be published online. This increased transparency is progress. Our Constitution and Bill of Rights are little more than an ideal or paper unless we facilitate their power through litigation, demanding compliance with these standards. PREA can be just a stack of papers and “feel good” hot wind, signifying nothing. Or it can be a keen sword to excise the cancers of prison sexual violence and prison staff corruption and negligence. The burden falls to us to proactively safeguard our interests, and our futures. Fight to Win!


MIM(Prisons) adds: We regularly receive reports of sexual assault from prisoners across the country. In September 2013, one year after the PREA standards were finalized, Prison Legal News published an article detailing incidents of PSV all across the country. This article underscores the futility of federal laws to actually protect people in custody of an oppressive state.

The 2013-2014 PREA Resource Center (PRC) report was just released this week. It contains no statistics on the efficacy of the project, but does contain a lot of fluff about the trainings and webinars that the PRC has been hosting.

It is a step in the right direction that this comrade, with the help of NY ACLU, was able to place some restriction on the use of isolation to protect prisoners from rape. The use of isolation has been reported by the American Friends Service Committee to have an even worse affect on the victims of prison rape, causing negative psychological effects due to isolation, and making the prisoner even more vulnerable to abuse by prison staff.(8)

While we can and should make use of laws to stop prison staff sexual violence when possible, we call on prisoners to step up and put an end to sexual violence among themselves using their own inherent power as humyn beings. The issue of prison rape is one that activists must tackle head on, as it impacts our ability to build unity behind prison walls, and is indicative of a wrongheaded line on gender oppression overall. Take an example from Men Against Sexism (MAS), an organization in Washington State Prison in the 1970s. MAS pushed men to treat each other with respect, opposed all prison rape even of very unpopular prisoners, and defended weaker prisoners against attacks by stronger ones.(9)

Gender oppression is a product of our patriarchal society, and neither federal laws nor prison organizations will put an end to all gender oppression in prison on their own. This gender oppression is another tool used to control oppressed nationalities, and won’t be done away with until we overthrow the systems that require the oppression of entire groups of people – imperialism and capitalism. Only through revolution can we start to build a society where gender oppression, like class and national oppression, are torn down in our culture, economics, and all levels of social relations. For a basic study of gender under imperialism, we recommend the magazine MIM Theory 2/3, which we distribute for $5 or equivalent work trade. And see the 1998 MIM Congress resolution “Clarity on what gender is” for a more theoretical discussion on the origins of patriarchy and its structure today.


Notes:
1. PREA: P.L. 108-79, 42 U.S. C - 15601
2. Prison and jail standards 28 CFR, part 115 (May 17, 2012)
3. Sexually transmitted infections: including HIV, Hep B/C, Syphillis, Gonorrea, Chlamidia, Trichomoniasis, HSV-2, HPV.
4. Bureau of Justice Statistics, “Sexual victimization reported by former state prisoners” (May 2012)
5. U.S. Department of Justice (May 17, 2012)
6. U.S. department of Justice (February 3, 2011)
7. Post traumatic stress disorder / rape trauma syndrome, DSM Vol V 2013 American Psychiatric Assoc.
General source material: just detention intl., national center for transgender equality, center for disease control.
8. American Friends Service Committee, “Survivors Manual: Survival in Solitary” June 2012, p. 32. 89 Market Street, 6th Floor, Newark, NJ 07102.
9. PTT of MIM(Prisons), “Review: The Anti-Exploits of Men Against Sexism” from ULK 29.

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[Gender] [Sing Sing Correctional Facility] [New York] [ULK Issue 40]
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New York Offers Rape Crisis Line in Prison

I’m enclosing a pamphlet recently circulated here titled “Help for Victims of Sexual Abuse in Prison.” The official policies in New York are actually pretty good and some staff are supportive. Sing Sing has openly gay and lesbian corrections officers (COs), a high percentage of young and/or female officers, and at least one transgender officer. Far from ideal, but good enough to suggest there’s hope for the rest of the country and struggles in this area will be successful!

Please note the #77 speed dial feature described in the pamphlet [a speed dial to the Rape Crisis Program that does not need to be on the approved telephone list and calls are not monitored.] This is an innovative idea that could well be advocated elsewhere. I’ve heard one positive comment from a user, and the speed dial does work well on a technical level. But why not a #66 to report beat downs, or #55 for corruption, or #1 to report injustice or ask for legal help?


MIM(Prisons) responds: We echo this prisoner’s call for a hotline to report other abuses within prisons. Any opportunity for prisoners to report abuse outside of the prison structure is a welcome addition to the criminal injustice system that denies prisoners a voice to speak out against abuse. But we do not yet have any evidence that prisoners speed dialing a rape crisis program will result in any help or attention to the problem beyond supportive counseling after the attack happens. If this is just offering the prisoner an anonymous opportunity to talk after a rape, the problem will continue. In a system that has demonstrated its ability to dismiss or sweep under the rug any complaints or accusations by prisoners, we doubt this new hotline will be any different.

As for the existence of gay, lesbian and transgender COs, we see this the same as having New Afrikan COs. Those who have joined the criminal injustice system will be forced to conform to the rules or they will be out of a job. And so we can now expect to see these new COs abusing prisoners just like their straight counterparts. There are many male COs who do not identify as gay, but who are part of the rape of male prisoners. In all situations, the COs are in a position of power in a system that is set up to denigrate and abuse the men and women it holds. Rather than fight for COs of a different sexual orientation, gender identity, or nationality we need to fight for an end to a system of brutality that condones rape.

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[Organizing] [Franklin Correctional Facility] [New York] [ULK Issue 38]
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Organizing Against Apathy and Collusion in New York

Franklin Correctional Facility is a medium classification prison that does its best to oppress. Rules are broken on a constant basis by this administration. Their need to control every tiny moment and movement really displays their fears of us ever getting on the same page to take action. I’m not speaking riot, just trading info and court actions when it comes to confronting their gestapo tactics. The physical beatings in front of others by guards has placed fear into many hearts so that writing a grievance is taboo.

As an Orientation Facilitator, I used to inform those coming to this prison what to expect and how to protect themselves. Someone snitched on me and I was fired.

I wrote a total of 42 grievances but it was never enough for me. The next step was to meet the oppressors face to face, and I became the Inmate Liaison Committee (ILC) Chairman, and that’s when the fireworks started. Contempt and hatred for me was freely displayed. I stayed on my horse until I was set up with a misbehavior report that sent me to the box.

When I got out I tried to get back to the ILC but was always stonewalled. My so-called peers refused to assist me, claiming it would hamper their agenda and they don’t want any trouble. In other words they are comfortable and satisfied. Sellouts is what I call them. In order for any progress to take place snitches and sell-outs must be contained. Corrections depends on them for their services. The “I don’t want to get involved” types complain and bitch but don’t take any action. 1,700 prisoners reside here and about 20 will lay a pen game down. Law library sucks because the workers want to get paid to do nothing for you.

The prisoner organizations are so controlled that we are not allowed to advertise how to become a member. We are told what to spend and where to spend. I say let’s organize and write Corrections in Albany, but my prisoner peers say we don’t want to cause any trouble. How can people who weren’t afraid to break the law be afraid to write in defending yourself or make a point. Even if you don’t know how, ask someone. Make the pen your gun.

The capitalist company Corcraft runs sweatshops in this prison to make officer and prisoner clothing. Guys can’t wait to work for them because it pays the best in comparison to 10 to 20 cents an hour for other assignments. Commissary prices continue to increase.

Any time I attempt to band us together in writing grievances and Article 78s someone snitches on me. Microphones are placed in the library, chapel and other places we congregate. How can any movement get generated when dudes snitch or are going home soon? I have done all I can, but fear and the lack of education gives corrections an all-systems-go for future oppression in a big way. We are losing in this injustice system and a lot of us don’t care to know how to win. Organize!


MIM(Prisons) responds: Our work in the criminal injustice system in Amerika involves a constant battle between those who see the value in uniting to fight the system, and those who are taken in by the bribery offered by the prisons in exchange for complacency or snitching. This contradiction exists throughout the prison system in this country, but in some states we are winning more unity and strength while in others the anti-imperialist forces are still a small minority. New York state still does not have a grievance campaign while prisoners in twelve other states have already stepped up to push this important work forward. There was an important action last year in Auburn Correctional Facility in New York, where prisoners joined the food strike in California.

Activists must evaluate the conditions in their state and their prison, and then determine what they can do to most effectively educate and organize other prisoners. In some states this may involve mass protest, in others we are still at the point of building study cells and educating whoever is willing to talk with us. Wherever your struggle is at, MIM(Prisons) can provide material to help with the educating and organizing.

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[Organizing] [Hunger Strike] [Upstate Correctional Facility] [Auburn Correctional Facility] [New York] [ULK Issue 34]
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New York Prisoners Strike, Support California Struggle

16 July 2013 - I would like the brothers in the struggle to be aware that their movement is being felt all the way on the east coast. As you are aware I was last at Auburn Korrectional Facility. I was put in the box and given a 180 day sentence for rallying 22 other komrades on this end to go on a food strike in support of our brothers out west. It got so bad that 8 of us were held in the kamp’s hospital and a court order was given to force feed us. I just got out of the hospital yesterday and I have restarted my strike along with the other 7 brothers I spoke of.

The pigs have violated our property and they have destroyed our books, including my Afrikana, Assata, and my Black’s laws dictionary that my dad bought for me before he died. To make things even worse they destroyed my pictures, including a lot of my parents who are both in the essence now. I don’t have any family outside these walls, so my komrads (and a deep seeded hatred of how these pink pigs treat us) are all I have.

I wanted you to print this in your next issue because I know how them brothers are struggling and they may think that they are in it by themselves. But I want them to know that they have some real militant brothers who have lost a lot now to join them in their struggle. There are only 7 others with me out of the 22 of us who put this thing into effect over here. The rest of my komrades have been scattered in other koncentration kamps. New York State has about 65 prisons from maximum security, which we are in, to minimums. What I do know is that we are on watch and soon will be whisked away where these pigs will fill us up intravenously so they can say they care. But we will continue our movement on y’all behalf until we hear or read that y’all have received the basic necessities in which you are fighting for.


MIM(Prisons) adds: While they are no doubt facing significant repression and conditions that merit struggle in New York, these comrades have stepped up to fight on behalf of the hunger striking prisoners in California. This prisoner and his comrades demonstrate the important principals of unity and self-sacrifice that are so critical to building the communist movement. While we frequently appeal to prisoners’ self-interest in calling them to action, when this self-interest in aligned with the interests of the anti-imperialist movement, ultimately communists will act without regard for self-interest, in the service of the oppressed.

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[Education] [Adirondack Correctional Facility] [New York]
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Prisoners Struggle with Lack of Education Programs in NY

Upon entering the state of New York’s prison system in 1992 I did not have my high school diploma, nor did I possess my GED. I am a high school drop out. Leaving my education behind was one of the biggest errors I committed in my life while coming of age as an irresponsible adult.

My biggest hurdle, besides my own roadblocks, was worrying about how my peers would judge me (in prison) if I was to enroll in the GED class. This prevented me from signing up. In the New York State Prison System (NYSPS) you cannot get a respectable job/program if you lack the credentials of either a high school diploma or GED. The most you can make is $6/bi-weekly. However, if you have this education then you can make as much as $30/bi-weekly. I was hindering myself from earning more money due to an attitude, misinformation, and pride which left me stagnated for many years.

A person incarcerated in NYSPS cannot enroll in any college programs without either a high school diploma or GED. This was another slap in my face when I desired to register in the “free” college program in 1993 while housed at Attica Correctional Facility.(1)

In 1999 the assistant to the leader in the Islamic Chaplain ordered me to enroll in the GED program when he learned I did not have either a diploma or GED. I enrolled in a GED class and after earning it in 1999 I enrolled in the Inmate Program Assistant (IPA) course which I completed with honors allowing me to land a program as a Teacher’s Aid.

Through the years from 1992-1999 I witnessed a drop in the GED graduates among the prison population. This was partly due to, in my observation, the lack of concern the civilian teachers(CT) had for the education of Blacks and Latinos in the classroom, deficient supervision from the civilian teachers toward the hired IPAs who’d rather play cards with the student than help them learn, and poor administrative leadership which directly affects almost every student who really does want to learn. Albany administration limited the utilization of IPAs when the civilians failed to compete with the IPAs statistics in turning out more GED grads than the CTs. So a memorandum came down from Albany to reduce some of the IPAs in the classroom.

From 1999-2008 I witnessed a swooping change in the classroom which shocked my conscience. I saw very few IPAs in the classroom who were bilingual (speaking Spanish and English), I rarely saw Spanish-speaking CTs who could relate to the Latino speaking population. This lack of diversity in the State of New York prison system is hindering the chances for Latinos.

My experience at Barehill Correctional Facility will shock your mind, because of the laziness of the CTs who sit in boardroom chairs, leaning back reading the latest James Patterson novel, with no care in the world. As long as the students and IPAs remain quiet, everything is okay! The CTs get paid for sitting in a classroom doing absolutely nothing, just making sure the students don’t tear up the classroom or fight one another. I have written Albany to explain the downfall in the classroom only to be dubbed the troublemaker, whistle blower, or snitch amongst the prison administration in NYS.

Right now I am struggling to continue my education in this facility. It is very difficult to pursue higher education in this facility because of the mindset of the administration (prejudice, racist, and bias) toward the Blacks and Latinos who desire superior education, as opposed to working as a porter around the compound. The waiting list for enrolling into school is at least 3-4 months. By that time many of the prisoners are preparing to either go home, see the board of parole, or transfer to another facility. According to some of the prisoners at Adirondack CF, there are only two civilians teachers who serve the population.

Notes:
1. While at Attica Correctional Facility in 1993-1996, the Pell Grant program was eliminated from the educational programming due to NYS legislature yielding to the public outcry that “prisoners have a better opportunity to earn higher education than their children, who struggle to pay their college tuition.” so I was unable to earn a college degree sooner.


MIM(Prisons) adds: Lack of educational opportunities is a major element of national oppression in the United $tates. As we wrote about in an article on Affirmative Action, it is not just in prisons where the schools are inadequate. This is part of the system that prepared Blacks and Latinos for prison. One benefit of an education is jobs that pay higher wages, but the primary reason we focus on education for our comrades behind bars is to raise their political consciousness. Learning basic reading and writing skills is the place to start. We encourage all of our comrades behind bars to take advantage of any prison education programs you can find.

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[Control Units] [Censorship] [Attica Correctional Facility] [New York]
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SHU Term for Possession of Under Lock & Key

These “people-incorporating-genocidal-slavery” have upped the ante once again. I was targeted by these nefarious boars simply for my political views. On Oct 14, 2012, two ogres searched and seized my property i.e. all my essays, my books, and all my Under Lock & Key dated as far back as 1995. At the biased in-house tribunal two articles from ULK were presented to me: 1) a 1991 Attikkka issue explaining the situation before and after the rebellion of 1971. 2) The July/Aug 2012 issue which calls for “all prisoners to show solidarity and demonstrate a work stoppage from Sept 9-12, 2012.” Keep in mind I never passed this publication about nor did I participate in a work stoppage. I have no prison job. Also, the article mentioned above was for Sept 9-12, 2012. I was keep locked pending investigation on Oct 14, 2012. That’s 35 days later.

Anyway, I was charged with a Tier III rule violation of 104.12 (demonstration) which reads: “an inmate shall not lead, organize, participate in or urge other inmates to participate in a work stoppage, sit-in, lock-in, or any other action which may be detrimental to the order of the facility.”

At the farce hearing I presented the question: “where in the facility was there an actual work stoppage?” The response was: “There was no work stoppage.” My second question was: “when did I urge other prisoners to demonstrate and when did the alleged work stoppage, sit-in, lock-in take place?” The response was: “you never participated in nor was there ever a work stoppage, sit-in, lock-in.” With no further questions I objected to the entire circus of a hearing only to receive six months SHU time anyway. This whole ordeal is due to me possessing ULK publications, although they can’t actually state it at the hearing. Furthermore, the hearing disposition reads: “although no actual act of demonstration occurred I believed you attempted it.” Only after a cell search 35 days later, and after an incident that never took place, do I receive such a bogus charge. Go figure.

This isn’t the first political witch hunt in which I was erroneously charged with demonstrations and it won’t be the last! These ruthless gulags pride themselves on oppressing the free thinkers like me, especially Attikkka! Keep sending me the Under Lock and Key.


MIM(Prisons) responds: We have heard from a number of comrades that the article calling for a Day of Solidarity on September 9 led to heightened censorship and punishment of prisoners. We know that there are restrictions on the types of organizing permitted in many prisons and we are looking closely at the language used in these types of articles to make possible the widest distribution of ULK without sacrificing the content of the publication.

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[Abuse] [Sullivan Correctional Facility] [New York]
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Fighting Special Needs Prisoner Abuses in New York

I am going through a situation here at Sullivan Correctional Facility fighting grievance issues similar to what has been reported in other prisons in Under Lock & Key. I have a long history with this jail dating back to 2009 with civil cases in court against these people. I am writing because our grievance process here is totally unreliable. The same people who you write the grievances on are the people who investigate them and then wash them under the table.

I’m in a special needs unit, some of us are slow, some can’t help themselves, that’s why they call it special needs. These officers here take full advantage of our disabilities because they know that we can’t fend for ourselves. They are constantly jumping on us and using our medical status as an excuse to justify their actions, claiming we tried to hurt ourselves. Then they throw us in the box.

As an example of this situation, I’m kept on lockdown now because of an officer that I’ve been having an ongoing problem with. Just the other day he told me after he locked me up that he’s going to cut my wrist and say I tried to kill myself. This goes on everyday here.

Reading your article diligent grievance petitions expose oppression in NC that led to hunger strike made me think back to my past experiences here at Sullivan. Something has got to be done. There are some things that I’m going to try to do that I rather not speak about. But you will definitely be hearing from me. In the mean time keep my name ringing along with other brothers that have similar problems and just maybe we will overcome this together.


MIM(Prison) adds: Together is key. Individuals fighting alone mostly lose the battles to combat the oppression they face on a day-to-day basis. The grievance campaign we’ve been promoting in many states is one way to come together on these types of issues.

In some prisons abuse is more common because the people are more dis-empowered, and organizing becomes even harder. It is important for outside supporters and prisoners in other facilities to stay connected with you to shed a light on abusive conditions. A United Struggle from Within comrade (Amare Selton, Rest in Power) was killed behind the walls of one of New York’s mental health units on 17 September 2009. Conditions are dire, and as this comrade is doing, we need to be trying new ways to ensure real safety for those in these vulnerable situations.

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[Organizing] [Attica Correctional Facility] [New York] [ULK Issue 28]
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Attica Report From September 9 Protest

For the morning meal the mess hall was virtually empty. For the noon meal there were approximately 120 prisoners in attendance. Usually, when they serve baked chicken and rice there are some 360 prisoners in attendance. A lot more prisoners turned out for the evening meal. Overall there was a low attendance for meals.

Next year things will be different and better organized. I’m in the process of obtaining two articles dealing with the Attica rebellion. I’ll have copies of the articles run off and give one of each to the entire prison population. This can be accomplished within a year’s time.

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[National Oppression] [Release] [New York]
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Parole Denials, Solutions, Winning Cases

I am writing to your publication to report some troubling statistics concerning Black men incarcerated, the parole system, and the latest Supreme Court cases regarding parole denials.

Black men incarcerated

There are approximately 27,494 Black males in the New York state prison system (50.8%) - New York State Department of Corrections and Community Supervision (DOCCS) - and, that’s over half (51%) of the prisoners in custody as of January 1, 2011, according to DOCCS Under Custody Report: Profile of Inmate Population. These figures are extremely drastic, appalling and warrant investigation by the United Nations, because Blacks are being targeted to fill up NYS prisons in order for certain whites to maintain employment in the rural areas up north in NY.

Black females incarcerated

In NY prisons DOCCS is warehousing 965 Black females (43.7% of the female prison population). Of the total number of prisoners (54,109) under custody in NY (including DOCCS, jails and other facilities), 2,206 (3.9%) were Black female, according to the Under Custody Report (2011). Compare these statistics to the white prisoners women who are only 1.5% of the prison population.

Blacks and Parole

Dating back almost 50 years, the Board of Parole (BOP) commissioners have been denying parole to Blacks more than any other ethnic group in NYS. Despite our (Black male and female) efforts to rehabilitate ourselves via obtaining education (GEDs, mandated programming by DOCCS and college), the BOP continuously denies Blacks parole at an alarming rate compared to other nationalities. Also, for years the BOP has utilized the nature of the crime as the sole reason for denying Blacks parole - although the nature of the crime (NOC) will not change - it is whatever someone was locked up for. This means that those convicted of some crimes have no chance at parole no matter what they do in prison. This amounts to the BOP admitting that prisons are not about rehabilitation since the one thing a prisoner can not change is the NOC.

In a recent ruling the court wrote: “…they [BOP] cannot base their decision exclusively on the seriousness of the crime and must explain their denials in detail…”(1)

On March 31st, 2011 several significant amendments to the Executive Law (BOP) were signed into law - including Executive Law (Exec. Law) 259-c(4); however, BOPs “lawlessness, arbitrariness and their refusal to follow the mandates of the legislature…” warrants an independent investigation by the United Nations (UN) for further scrutiny about denying parole to eligible inmates who have earned their freedom by doing the right thing (i.e. completing their minimum, taking responsibility for their crime(s) and obtaining their mandated programming).(2) If you are reading this article and you have been denied parole after March 31st, 2011, or you know someone in NYS-DOCCS who has been denied parole unfairly, then please be aware of the following cases recently appealed by inmates that - as a result of their litigation - were released:

  1. Velasquez v. NYS Board of Parole (Feb 6, 2012)
  2. Thwaites v. NYS Board of Parole, 934 NYS 2d 797 [see also Pro Se, Vol 22 No 1] and;
  3. Winchell v. Evans, 27 Misc. 3d 1232(A) (Sup.CT.Sullivan Co. June 9, 2010), [reported in Pro Se, Vol.20, No.4].

All the above cases (Article 78s) are winning cases which resulted in prisoners - who chose to litigate their matter by challenging the BOP - being released from DOCCS custody.

Out of twenty years of my incarceration, I have witnessed the BOP deny parole to many men and women based upon their nature of the crime - despite their efforts to rehabilitate themselves. Some of these people have earned Master degrees, Bachelors and the minimum of an Associate degree, only to be denied by the BOP commissioners who judge the prisoners for a period of 15-30 minutes, if that, during their parole hearing.

The nature of the crime doesn’t, will not and cannot change so why are we being denied parole solely based on the very element which will not ever be different?

Conclusion

In my humble opinion - after serving 20 years in NY DOCCS - the only way we prisoners will receive justice is by taking our case to the UN for review. How do we attempt to go about this? Reflect back on the Egyptian people and how they were successful in spreading the message of support for their cause via internet. This tactic will have to involve our families who are already walking around with cellular phones all day so this should not be a difficult project. I strongly believe that we can change the BOP unfair practices against us Blacks and Latinos. If we care enough to work together, putting your petty differences aside to bring our relatives home. Our family members have served their time, changed their lives by establishing entirely new ways of thinking and by obtaining higher education. It’s time now for our people to step up and support our cause for challenging the BOP unfair parole denials against Blacks and Latinos.

Notes:
1. Pro Se, Vol.21 No.5 2011
2. For more information contact parolereform.org


MIM(Prisons) adds: As we reported in our review of The New Jim Crow, these statistics on national oppression in the criminal injustice system in New York mirror what happens across the United $tates. This author makes a good point about parole hearings and reasons for denial. If parole is going to be based on the very crime for which someone is locked up, there is no point to having a hearing. If prisons in Amerika were truly serving a rehabilitating purpose, the work prisoners do educating and changing themselves should be the primary basis for granting parole. It is good to hear that some court cases are being won on this front.

We do agree that this is a battle worth fighting to help get our comrades onto the streets sooner, but we don’t anticipate the imperialist-dominated United Nations to offer any support for the oppressed people of the world. We may win small reforms through the courts and with mass protests, but the only way to truly put an end to the criminal injustice system is by dismantling the imperialist system it serves.

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[Spanish] [Attica Correctional Facility] [New York] [ULK Issue 27]
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Acuérdense de Attica y lo que Necesitamos Hoy

Desde el 9 al 13 de septiembre 2011, marcamos el 40 aniversario de la rebelión de Attica. Fueron 1200 presos que actuaron como una sola fuerza, se organizaron y colectivamente ocuparon la correccional de Attica en el estado de Nueva York. El motín resultó en lo que un comisionario del estado describió como “el encuentro más sangriento entre estadunidenses desde la guerra civil […] con excepción de la masacre de los indios nativos en el siglo diecinueve”.

En 1991, MIM escribió un suplemento especial para conmemorar el 20 aniversario, que documenta el evento histórico y su legado. Este mismo año presos en Nueva York, Nueva Jersey y Maryland boicotearon todos los programas del 12 de septiembre para “rendir homenaje a los martirios y guerreros que sufrieron, y quienes siguen sufriendo, bajo la represión del sistema penal de los Estados Unidos”.

Las demandas de los presos de Attica en 1971 incluyeron cosas como el derecho de los presos de Nueva York a mantener una vida política sin temor de intimidaciones y represalias, el fin de censuras del correo personal y de los medios de prensa, la exigencia por más oportunidades de educación y trabajo de salario mínimo, y la liberación de presos sin condiciones de libertad. Además de estas demandas rectas, los presos emparentaron su lucha con aquella del pueblo del Tercer Mundo. La Historia condena la reforma de correccionales de MC11:

“Los presos de Attica en el año 1971 no estaban pidiendo el tipo de reforma que liberales ahora, y entonces, están ansiosos por implementar para hacerse sentir mejor. Los presos de Attica reconocieron el sistema de justicia criminal como una arma poderosa en el arsenal de la clase capitalista y querrían voltear esa arma contra sus opresores”.

“Hemos descubierto…la frustración de intentar de negociar con un sistema político empeñado en el genocidio”, escribieron los presos de Attica en una declaración que fue pasada por contrabando durante la semana después del masacre.

“Se están cometiendo asesinatos no sólo en Vietnam, sino también en Bangladesh, África y Sudamérica. ¿Y qué no es cierto que nuestra declaración de independencia nos otorga el derecho de anular un gobierno que opresa a su pueblo y crear un gobierno nuevo? ¡Pues, nosotros aquí en Attica como todos los revolucionarios de toda la nación estamos ejerciendo ese derecho! ¡El tiempo es ahora para que todas las personas del Tercero Mundo reconozcan el verdadero opresor y lo expongan al resto del mundo!” (1)

En el articulo principal de las notas suplementarias de MIM, un preso menciona que Attica marcó un surgimiento fuerte en el movimiento por los derechos de los presos durante los primeros años de los años 70. En el último año hemos visto huelgas en los estados de Georgia y California donde miles de presos han participado en varias prisiones. Pero aún así parece que el movimiento todavía tiene que escalar aún más alto para poder llegar al mismo punto álgido de nuestra lucha que alcanzamos en aquellos días.

state troopers seize Attica
Después de 4 días, los policías estatales de Nueva York tomaron control de la prisión, disparando 2000 cartuchos, matando a 42 personas y hiriendo a cienes de presos, y después les negaron atención medica.

Mirando hacia atrás a Attica y las rebeliones antepasadas, podemos ver el principio y el final del periodo en el cual la contradicción entre los presos y el estado estaba a la vanguardia. La lucha durante este periodo trajo un poco de progreso para los preso en la forma de derechos temporales, concesiones y el apoyo del mundo libre para los cautivos. Pero aún más importante, miramos organizaciones colectivas juntarse en masa, uniendo a presos por su sufrimiento y abuso común por todo el alrededor del sistema de prisiones en los Estados Unidos. Esta unidad y lucha logró empujar al estado hacia atrás. Pero al mismo tiempo, también provocó que el estado desarrollara un plan para los reclusorios de aislamiento permanente y también pólizas que empojan drogas sicotrópicas a los presos mientras nuestros programas están nuevamente suspendidos, reafirmando la futilidad de la reforma de prisiones. Incluso en estos días cuando el estado se enfrenta a una resistencia significativa, se presenta en forma de demandas en los tribunales y huelgas de hambre donde se controla todo medio de comunicación y negociación muy firmemente. Todavía estamos en la etapa de jugar sus juegos con sus reglas y sus condiciones.

Hace solamente dos años, el 17 de septiembre 2009, que nuestro camarada Amare (Ra’d) Selton de “United Struggle from Within” se murió en Attica. Selton era un contribuidor regular de “Under Lock & Key” y también participaba en grupos de estudio de MIM, y con frecuencia tenia confrontaciones con los guardias de la prisión. No sabemos las exactas circunstancias de su muerte, pero MIM(Prisons) mantiene al estado de Nueva York responsable. Él es uno de muchos compañeros que han desaparecido después de ser enviado a Attica en los últimos años, demostrando el legado de represión que no ha disminuido.

En las notas de MIM, MC67 entrevistó a Akil Aljundi, uno de los hermanos de Attica que presentó una demanda, que finalmente ganó, contra el estado de Nueva York tras el asesinato de 32 de sus camaradas y 10 rehenes, y tras el embrutecimiento y negación de asistencia medica a cienes de otros.

MC67 concluye preguntándose cuales son las lecciones que se pueden extraer de la sublevación de Attica, a la que Aljudi responde: “Nunca confíen en el estado. Siempre estén preparados para lo peor. Sean firmes con sus demandas. Sean claros con sus objetivos. Pero también sepan que el estado puede ser malicioso”.

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